HomeMy WebLinkAboutCC_2024_06_11_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA
HYBRID MEETING INFORMATION:
The City Council meeting will be available via teleconference for those who wish to participate remotely. The
City Council meeting will also be held in the City Council Chambers and in-person attendance will be available
at that location.
HOW TO OBSERVE THE MEETING REMOTELY:
To participate remotely, residents can livestream the meeting on Zoom, SLO-SPAN.org, on Spectrum cable Channel
20 in Atascadero, and listen live on KPRL Radio 1230AM and 99.3FM. The video recording of the meeting will repeat
daily on Channel 20 at 1:00 am, 9:00 am, and 6:00 pm and will be available through the City’s website and on the
City’s YouTube Channel. To participate remotely using the Zoom platform please visit:
https://us02web.zoom.us/webinar/register/WN_ZwJ7a031S3KXauEym9ehaA
HOW TO SUBMIT PUBLIC COMMENT:
Public comment may be provided in-person or remotely. Call (669) 900-6833 (Meeting ID: 889 2347 9018) to
listen and provide public comment via phone or via the Zoom platform using the link above.
Note that the Zoom participation option is provided to the public as a courtesy in order to facilitate participation.
The City does not, however, guarantee that meeting participation will be available via Zoom. If Zoom
participation is not enabled, or turned off, the meeting will continue with public attendance in-person only.
Written public comments are accepted at cityclerk@atascadero.org. Comments should identify the Agenda Item
Number in the subject line of the email. Such comments will be forwarded to the City Council and made a part of the
administrative record. To ensure distribution to the City Council before consideration of an item, please submit
comments not later than 12:00 p.m. the day of the meeting. All correspondence will be distributed to the City Council,
posted on the City’s website, and be made part of the official public record of the meeting. Please note, comments will not
be read into the record. Please be aware that communications sent to the City Council are public records and are subject
to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under applicable
law. Communications will not be edited for redactions and will be printed/posted as submitted.
AMERICAN DISABILITY ACT ACCOMMODATIONS:
Any member of the public who needs accommodations should contact the City Clerk’s Office at
cityclerk@atascadero.org or by calling 805-470-3400 at least 48 hours prior to the meeting or time when
services are needed. The City will use their best efforts to provide reasonable accommodations to afford as
much accessibility as possible while also maintaining public safety in accordance with the City procedure for
resolving reasonable accommodation requests.
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:
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 contracts),
franchises, discretionary land use permits and other entitlements if the City Council Member received more
than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor,
or any financially interested participant who actively supports or opposes the City’s decision on the agenda
item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or
their agents who have made, campaign contributions totaling more than $250 to a City Council Member since
January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures
must include the amount of the campaign contribution and identify the recipient City Council Member and may
be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.
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 submitted
by the public during Council meetings that are made a part of the record or referred to in their statement will
be noted in the Minutes and available for review by contacting the City Clerk's office. All documents will be
available for public inspection by appointment during City Hall business hours.
Page 1 of 244
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, June 11, 2024
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
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 Labor Negotiators (Gov. Code Sec. 54957.6)
Agency designated representatives: James R. Lewis, City Manager
Employee organizations: Service Employees International Union, Local 620;
Mid-Management/Professional Employees; Non-Represented Professional
and Management Workers and Confidential Employees
4. CLOSED SESSION — ADJOURNMENT
5. COUNCIL RETURNS
6. CLOSED SESSION — REPORT, if any
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.
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Newsom
ROLL CALL: Mayor Moreno
Mayor Pro Tem Funk
Council Member Bourbeau
Council Member Dariz
Council Member Newsom
City Council Closed Session: 5:30 P.M.
City Council Regular Session: 6:00 P.M.
Page 2 of 244
A. CONSENT CALENDAR: (All items on the consent calendar are considered routine and
non-controversial by City staff and will be acted upon by a single action of the City Council
unless otherwise requested by an individual Council Member for separate consideration.
Public comment on Consent Calendar items will be invited prior to action on the Calendar.)
1. City Council Draft Minutes – May 28, 2024, Regular Meeting
▪ Recommendation: Council approve the May 28, 2024, Draft City Council
Regular Meeting Minutes. [City Clerk]
2. Fiscal Year 2024-2025 Appropriations Limit (Gann)
▪ Fiscal Impact: None.
▪ Recommendation: Council adopt Draft Resolution, establishing the annual
spending limit for fiscal year 2024-2025. [Administrative Services]
3. Public Safety Labor Agreements
▪ Fiscal Impact: For fiscal year 2024-2025, it is estimated that salary
adjustments will cost approximately $315,000. Fiscal years 2025-2026 and
2026-2027 are expected to cost an additional $1,500,000.
▪ Recommendation: Council:
1. Approve the Memorandum of Understanding for the Atascadero Police
Association.
2. Approve the Memorandum of Understanding for the Atascadero
Professional Firefighters Local 3600.
3. Authorize the Director of Administrative Services to appropriate $315,000
in General Fund reserves for the salary adjustments for fiscal year 2024-
2025. [City Manager]
4. Adopting List of Projects for Fiscal Year 2024-2025 Funded by SB 1: The
Road Repair and Accountability Act of 2017
▪ Fiscal Impact: Approval of the Draft Resolution adopting the list of projects for
SB 1 funding will allow the City to receive an estimated $797,214 in 2024-2025
SB 1 funding.
▪ Recommendation: Council adopt Draft Resolution, adopting a list of projects
to be funded with Road Maintenance and Rehabilitation Account revenues
from SB 1 (The Road Repair and Accountability Act of 2017) for Fiscal Year
2024-2025. [Public Works]
5. Authorizing Temporary Road Closures for 2024 Hot El Camino Cruise Nite
and Colony Days Parade Routes
▪ Fiscal Impact: None.
▪ Recommendation: Council:
1. Adopt Draft Resolution A, authorizing temporary road closures and
restrictions on August 16, 2024, for the Hot El Camino Cruise Nite.
2. Adopt Draft Resolution B, authorizing temporary road closures and
restrictions on October 5, 2024, for the Colony Days Parade.
[Public Works]
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
Page 3 of 244
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.)
B. PUBLIC HEARINGS:
1. Objective Design Standards
▪ Fiscal Impact: None.
▪ Recommendation: Planning Commission recommends Council introduce, for
first reading, by title only, Draft Ordinance to establish objective design
standards for multifamily and mixed-use developments and update existing
development standards in Title 9 for consistency. [Community Development]
2. Economic Development Subsidy – Restaurant Incentive Loan Program
▪ Fiscal Impact: This program will use $1,000,000 in General Funds for the
loans and third-party loan administration; all interest income will be put back
into the program.
▪ Recommendation: Council:
1. Conduct a public hearing to receive public testimony on the Economic
Development Subsidy for the City’s Restaurant Incentive Loan Program.
2. Receive and file the information on the Subsidy required pursuant to
Government Code Section 53083. [Community Development]
3. Downtown Parking and Business Improvement Area (DPBIA) Confirmation
of Annual Assessment for Fiscal Year 2024-2025
▪ Fiscal Impact: Adopting the staff recommendation will result in the collection
of approximately $14,500 and expenditure of $14,500 in budgeted DPBIA
funds.
▪ Recommendation: Council adopt Draft Resolution, confirming the annual
assessment for the Downtown Parking Business Improvement Area (DPBIA)
for Fiscal Year 2024-2025. [Community Services & Promotions]
4. Atascadero Tourism Business Improvement District (ATBID) Confirmation
of Annual Assessment for Fiscal Year 2024-2025
▪ Fiscal Impact: Annual assessments are expected to be approximately
$422,400, and expenditures are budgeted at $432,470 for fiscal year 2024-
2025.
▪ Recommendation: Council adopt Draft Resolution, confirming the annual
assessment for the Atascadero Tourism Business Improvement District
(ATBID) for Fiscal Year 2024-2025. [Community Services & Promotions]
C. MANAGEMENT REPORTS:
1. General Municipal Election – November 5, 2024
▪ Fiscal Impact: $74,130 in General Funds.
▪ Recommendation: Council:
1. Introduce, for first reading, by title only, Draft Ordinance A amending Title
3, Chapter 17 of the Atascadero Municipal Code, extending a
Page 4 of 244
transactions and use tax to be administered by the California
Department of Tax and Administration.
2. Introduce, for first reading, by title only, Draft Ordinance B amending Title
2, Chapters 4, 7, 14, and 20 of the Atascadero Municipal Code, stating that
the City Treasurer is appointive and authorizing the City Manager to
appoint the City Treasurer, subject to adoption by the electorate.
3. Adopt the following Draft Resolutions for the purpose of electing a Mayor,
two members to the City Council, and to submit ballot measures to the
voters:
a) Draft Resolution A, calling and giving notice of the holding of a
General Municipal Election to be held on Tuesday, November 5,
2024, for the election of certain officers, approving ballot measure
text related to the extension of Measure F-14, and submission to
the voters a question relating to the City Treasurer position; and
b) Draft Resolution B, requesting the Board of Supervisors of the
County of San Luis Obispo to consolidate a General Municipal
Election to be held on November 5, 2024; and
c) Draft Resolution C, setting priorities for filing written arguments
regarding the City measures and directing the City Attorney to
prepare an impartial analysis; and
d) Draft Resolution D, providing for the filing of rebuttal arguments for
City measures submitted at Municipal Elections.
4. Authorize the Director of Administrative Services to appropriate $31,000 of
General Fund reserves in fiscal year 2024-2025 to the City Clerk budget
for the November 5, 2024, General Municipal Election. [City Clerk]
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)
Page 5 of 244
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
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
ADJOURNMENT
Page 6 of 244
6/11/24 | Item A1
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, May 28, 2024
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 Council Member Dariz led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Bourbeau, Dariz, Newsom, Mayor Pro Tem Funk, and
Mayor Moreno
Absent: None
Others Present: Treasurer Sibbach
Staff Present: City Manager James R. Lewis, Deputy City Manager/City Clerk Lara
Christensen, Administrative Services Director Jeri Rangel, Fire Chief
Casey Bryson, Police Chief Dan Suttles, Public Works Director Nick
DeBar, Community Development Director Phil Dunsmore, Community
Services & Promotions Director Terrie Banish, City Attorney Dave
Fleishman, Deputy City Manager – IT Luke Knight, and Planning
Manager Kelly Gleason.
CLOSED SESSION – REPORT (IF ANY)
a. May 14, 2024
City Attorney Fleishman reported there was no reportable action.
A. CONSENT CALENDAR:
1. City Council Draft Minutes – May 14, 2024 Special and Regular Meeting
▪ Recommendation: Council approve the May 14, 2024, Draft City Council
Special and Regular Meeting Minutes. [City Clerk]
2. April 2024 Accounts Payable and Payroll
▪ Fiscal Impact: $2,449,550.40.
▪ Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for April 2024. [Administrative Services]
City Council Regular Session: 6:00 P.M.
Page 7 of 244
6/11/24 | Item A1
3. Apple Valley Assessment Districts
▪ Fiscal Impact: Annual assessments for 2024/2025 will total $38,500 for
road/drainage system maintenance and $63,000 for landscape and lighting
maintenance. These amounts will be assessed to the owners of parcels in
Apple Valley. Contributions of $11,000 for half the cost of the park will be
made from the City’s General Fund, and an equal revenue source will be
recognized from contributions made by the developer.
▪ Recommendation: Council:
1. Adopt Draft Resolution A, initiating proceedings for the levy and collection
of annual assessments for Atascadero Street and Storm Drain
Maintenance District No. 01 (Apple Valley) for fiscal year 2024/2025.
2. Adopt Draft Resolution B, accepting and preliminarily approving the
Engineer’s Annual Levy Report regarding the Atascadero Street and Storm
Drain Maintenance District No. 01 (Apple Valley).
3. Adopt Draft Resolution C, declaring the City’s intention to levy and collect
annual assessments within Atascadero Street and Storm Drain
Maintenance District No. 01 (Apple Valley) in fiscal year 2024/2025, and to
appoint a time and place for the public hearing on these matters.
4. Adopt Draft Resolution D, initiating proceedings for annual levy of
assessments for the Atascadero Landscaping and Lighting Maintenance
District No. 01 (Apple Valley) for fiscal year 2024/2025 pursuant to the
provisions of Part 2 of Division 15 of the California Streets and Highways
Code.
5. Adopt Draft Resolution E, for preliminary approval of the Annual Engineer’s
Levy Report for the Atascadero Landscaping and Lighting Maintenance
District No. 01 (Apple Valley) for fiscal year 2024/2025.
6. Adopt Draft Resolution F, declaring the City’s intention to levy and collect
assessments for the Atascadero Landscaping and Lighting Maintenance
District No. 01 (Apple Valley) for fiscal year 2024/2025.
[Administrative Services]
4. De Anza Estates Assessment Districts
▪ Fiscal Impact: Annual assessments for 2024/2025 will total $30,562 for
road/drainage system maintenance and $15,875 for landscape and lighting
maintenance. These amounts will be assessed to the owners of parcels in De
Anza Estates. The City General Fund will contribute $1,400 for the fiscal year
2024/2025 for half of the maintenance costs of the trails and open space.
▪ Recommendation: Council:
1. Adopt Draft Resolution A, initiating proceedings for the levy and collection
of annual assessments for Atascadero Street and Storm Drain
Maintenance District No. 03 (De Anza Estates) for fiscal year 2024/2025.
2. Adopt Draft Resolution B, accepting and preliminarily approving the
Engineer’s Annual Levy Report regarding the Atascadero Street and Storm
Drain Maintenance District No. 03 (De Anza Estates).
3. Adopt Draft Resolution C, declaring the City’s intention to levy and collect
annual assessments within Atascadero Street and Storm Drain
Maintenance District No. 03 (De Anza Estates) in fiscal year 2024/2025,
and to appoint a time and place for the public hearing on these matters.
4. Adopt Draft Resolution D, initiating proceedings for annual levy of
assessments for the Atascadero Landscaping and Lighting Maintenance
District No. 03 (De Anza Estates) for fiscal year 2024/2025 pursuant to the
Page 8 of 244
6/11/24 | Item A1
provisions of Part 2 of Division 15 of the California Streets and Highways
Code.
5. Adopt Draft Resolution E, for preliminary approval of the Annual Engineer’s
Levy Report for the Atascadero Landscaping and Lighting Maintenance
District No. 03 (De Anza Estates) for fiscal year 2024/2025.
6. Adopt Draft Resolution F, declaring the City’s intention to levy and collect
assessments for the Atascadero Landscaping and Lighting Maintenance
District No. 03 (De Anza Estates) for fiscal year 2024/2025.
[Administrative Services]
5. Las Lomas (Woodridge) Assessment Districts
▪ Fiscal Impact: Annual assessments for 2024/2025 will total $101,506 for
road/drainage system maintenance and $76,014 for landscape and lighting
maintenance. These amounts will be assessed to the owners of parcels in Las
Lomas (Woodridge). The City General Fund will contribute $2,600 for the
fiscal year 2024/2025 for 25% of the maintenance costs of the trails and open
space.
▪ Recommendation: Council:
1. Adopt Draft Resolution A, initiating proceedings for the levy and collection
of annual assessments for Atascadero Street and Storm Drain
Maintenance District No. 02 (Las Lomas [Woodridge]) for fiscal year
2024/2025.
2. Adopt Draft Resolution B, accepting and preliminarily approving the
Engineer’s Annual Levy Report regarding the Atascadero Street and Storm
Drain Maintenance District No. 02 (Las Lomas [Woodridge]).
3. Adopt Draft Resolution C, declaring the City’s intention to levy and collect
annual assessments within Atascadero Street and Storm Drain
Maintenance District No. 02 (Las Lomas [Woodridge]) in fiscal year
2024/2025, and to appoint a time and place for the public hearing on these
matters.
4. Adopt Draft Resolution D, initiating proceedings for annual levy of
assessments for the Atascadero Landscaping and Lighting Maintenance
District No. 02 (Las Lomas [Woodridge]) for fiscal year 2024/2025 pursuant
to the provisions of Part 2 of Division 15 of the California Streets and
Highways Code.
5. Adopt Draft Resolution E, for preliminary approval of the Annual Engineer’s
Levy Report for the Atascadero Landscaping and Lighting Maintenance
District No. 02 (Las Lomas [Woodridge]) for fiscal year 2024/2025.
6. Adopt Draft Resolution F, declaring the City’s intention to levy and collect
assessments for the Atascadero Landscaping and Lighting Maintenance
District No. 02 (Las Lomas [Woodridge]) for fiscal year 2024/2025.
[Administrative Services]
6. March 2024 Investment Report
▪ Fiscal Impact: None.
▪ Recommendation: Council receive and file the City Treasurer’s report for
quarter ending March 31, 2024. [City Treasurer]
7. Downtown Parking and Business Improvement Area (DPBIA) Assessment
▪ Fiscal Impact: None.
▪ Recommendation: Council adopt Draft Resolution, declaring intent to levy the
annual Downtown Parking and Business Improvement Area assessment, and
set a public hearing for June 11, 2024. [Community Services & Promotions]
Page 9 of 244
6/11/24 | Item A1
8. Atascadero Tourism Business Improvement District (ATBID) Assessment
▪ Fiscal Impact: None.
▪ Recommendation: Council:
1. Approve the ATBID Annual Report.
2. Adopt Draft Resolution, declaring intent to levy an annual Business
Improvement District assessment on lodging businesses within the
Atascadero Tourism Business Improvement District, and set a public
hearing for June 11, 2024. [Community Services & Promotions]
9. 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. [Police Department]
10. Purchase of CCTV Inspection Vehicle for Wastewater Operations
▪ Fiscal Impact: $274,961 of budgeted wastewater funds.
▪ Recommendation: Council approve the purchase of one Envirosight High
Definition Rovver X CCTV Inspection Vehicle from Haaker Equipment
Company for $274,961 for wastewater collection system maintenance and
operations. [Public Works]
11. Update on Local Emergency Proclamation Related to Early February 2024 Storms
▪ Fiscal Impact: There is no fiscal impact related to staff’s recommendation.
Continuation of the local emergency proclamation is necessary in order to
qualify for FHWA Emergency Repair funding for the San Marcos Road
landslide repairs. Total costs for this project are estimated to be in the range
of $800,000 to $1,000,000.
▪ Recommendation: Council continue the proclamation of the existence of a
local emergency related to early February 2024 storms. [Public Works]
12. El Camino Real Downtown Infrastructure Enhancement Project Construction Award
▪ Fiscal Impact: Approving staff recommendations will result in estimated
combined expenditures up to $10,824,490 from LTF, Circulation System Fund,
General Fund, State Legislative Grant, USHA, RSHA, and 2010 Bond Master
Agreement Funds; and up to $1,118,930 in Wastewater Funds.
▪ Recommendation: Council:
1. Award a construction contract to Souza Construction for the Base Bid and
Bid Additive Alternate 1 and 4 schedules for a combined total of $9,490,234
for the El Camino Real Downtown Infrastructure Enhancement Project,
Project No. C2017T01 (“Project”).
2. Award a professional services contract to Filippin Engineering, Inc. for
$729,718 to perform construction management, inspection, and materials
testing services for the Project.
3. Authorize the Director of Administrative Services to allocate an additional
$118,930 in Wastewater Fund Reserves toward the Project for FY2024/25.
[Public Works]
13. Charles Paddock Zoo Funding for AZA Accreditation Budget
▪ Fiscal Impact: $305,000.
▪ Recommendation: Council authorize the Director of Administrative Services to
appropriate $305,000 in General Fund reserves to the Charles Paddock Zoo’s
Budget for the Association of Zoos and Aquariums (AZA) accreditation
process. [Community Services & Promotions]
Page 10 of 244
6/11/24 | Item A1
PUBLIC COMMENT:
Mayor Moreno opened the Public Comment period.
The following persons spoke on this item: None.
Mayor Moreno closed the Public Comment period.
MOTION BY: Bourbeau
SECOND BY: Newsom
1. Approve Consent Calendar (#A-3: Resolution Nos. 2024-009 through 014) (#A-4:
Resolution Nos. 2024-015 through 020) (#A-5: Resolution Nos. 2024-021 through
026) (#A-7: Resolution No. 2024-027) (#A-8: Resolution No. 2024-028) (#A-10:
Contract No. 2024-004) (#A-12: Contract Nos. 2024-005 through 006).
AYES (5): Bourbeau, Dariz, Newsom, Funk, and Moreno
Passed 5-0
UPDATES FROM THE CITY MANAGER:
City Manager Lewis gave an update on projects and events within the City.
COMMUNITY FORUM:
The following persons spoke by telephone or through the webinar: Nicole Bryant, Jessica
Applegate, Darcy Price, Geoff Auslen, Will Everett, Sam Mountain, and Kelly Arebalo.
B. PUBLIC HEARINGS:
1. Amendments to Fee Schedule
▪ Fiscal Impact: There will be an increase in operating revenue resulting from
the CPI increase, with an offsetting increase in costs to provide the services.
▪ Recommendation: Council adopt Draft Resolution, adopting amended fees
and deposits to offset costs incurred in planning services, and adopt a
schedule of fees and charges for City services. [Administrative Services]
Ex-Parte: None.
Administrative Services Director Rangel gave the report and answered questions from
Council.
PUBLIC COMMENT:
Mayor Moreno opened the Public Comment period.
The following persons spoke on this item: None.
Mayor Moreno closed the Public Comment period.
MOTION BY: Bourbeau
SECOND BY: Funk
1. Adopt Draft Resolution, adopting amended fees and deposits to offset costs
incurred in planning services, and adopt a schedule of fees and charges for City
services, with the clarification to Fee 24-055B as presented by City staff.
AYES (5): Bourbeau, Dariz, Newsom, Funk, and Moreno
Page 11 of 244
6/11/24 | Item A1
Passed 5-0
C. MANAGEMENT REPORTS:
1. Request for Authorization for Amendments to Del Rio Ranch
▪ Fiscal Impact: If developed with lodging, retail and tourist-oriented uses, this
site is likely to become a positive fiscal contribution to the City and may act as
a catalyst to attract additional head of household jobs and other tax revenue
supporting land uses within the Del Rio vicinity.
▪ Recommendation: Council consider authorization for the applicant team to
proceed with amendments to the General Plan Map, Zoning Map, Specific
Plan, and Master Plan of Development (Use Permit) for the Del Rio Ranch
project site to allow for an RV and glamping resort on the 25-acre site.
[Community Development]
Community Development Director Dunsmore and Senior Planner Gleason gave the report
and answered questions from Council.
PUBLIC COMMENT:
Mayor Moreno opened the Public Comment period.
The following persons spoke on this item: Irene Dolan, Geoff Auslen, Will Everett
Mayor Moreno closed the Public Comment period.
MOTION BY: Bourbeau
SECOND BY: Dariz
1. Authorize the applicant team to proceed with amendments to the General Plan
Map, Zoning Map, Specific Plan, and Master Plan of Development (Use Permit) for
the Del Rio Ranch project site to allow for an RV and glamping resort on the 25-
acre site.
AYES (5): Bourbeau, Dariz, Newsom, Funk, and Moreno
Passed 5-0
Mayor Moreno recessed the meeting at 8:15 P.M.
Mayor Moreno reconvened the meeting at 8:27 P.M.
2. Appointive City Treasurer Ballot Measure
▪ Fiscal Impact: The addition of a ballot measure to the November 2024 ballot
is estimated to be $3,000-$6,000. If the ballot measure is successful, savings
from the elimination of the stipends and health benefit costs for the elected
position is estimated to be about $16,800 annually.
▪ Recommendation: Council direct the City Clerk to bring back to the Council in
June 2024 the Resolution required for placing a ballot measure on the ballot
for the General Municipal Election to be held on Tuesday, November 5, 2024,
asking voters “Shall the City Treasurer be appointive?”.
[Administrative Services]
Administrative Services Director Rangel gave the report and answered questions from
Council.
Page 12 of 244
6/11/24 | Item A1
PUBLIC COMMENT:
Mayor Moreno opened the Public Comment period.
The following persons spoke on this item: None.
Mayor Moreno closed the Public Comment period.
MOTION BY: Bourbeau
SECOND BY: Funk
1. Direct the City Clerk to bring back in June 2024 the resolution required for placing
a ballot measure on the ballot for the General Municipal Election to be held on
Tuesday, November 5, 2024, asking voters, “Shall the City Treasurer be
appointive?”
AYES (5): Bourbeau, Dariz, Newsom, Funk, and Moreno
Passed 5-0
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS:
The following Council Members gave brief update reports on their committees since their
last Council meeting:
Mayor Moreno
2. County Mayors Round Table
Mayor Pro Tem Funk
3. Homeless Services Oversight Council
Council Member Newsom
2. City / Schools Committee
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None.
ADJOURNMENT
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
City Clerk
APPROVED:
Page 13 of 244
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item A2
Department: Administrative
Services
Date: 6/11/24
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: JERI RANGEL, DIRECTOR OF ADMINISTRATIVE SERVICES
PREPARED BY: CINDY CHAVEZ, DEPUTY DIRECTOR OF ADMINISTRATIVE SERVICES
SUBJECT: Fiscal Year 2024-2025 Appropriations Limit (Gann)
RECOMMENDATION:
Council adopt Draft Resolution, establishing the annual spending limit for fiscal year 2024-2025.
DISCUSSION:
The City’s annual spending limit (Gann Limit) must be approved by Council at the beginning of
each fiscal year. Staff calculates the new limit based on the formula set forth in Proposition 111.
The limit was calculated as follows:
A.Prior Year Spending Limit 51,205,862$
B.Population Factor (County)0.9992
C.Inflation Factor (Assessed Value)1.1017
D.Adjustment Factor (B * C)1.1008
E.Total Adjustment (A*(D-1))5,161,551
F.Current Year Limit (A + E)56,367,413$
FISCAL IMPACT:
None.
REVIEWED BY OTHERS:
This item has been reviewed by the Director of Administrative Services.
Page 14 of 244
6/11/24 | Item A2 | Staff Report
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENT:
1. Draft Resolution
Page 15 of 244
6/11/24 | Item A2 | Attachment 1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADOPTING THE FISCAL YEAR
2024-2025 ANNUAL SPENDING LIMIT
WHEREAS, Proposition 111 revises the methodology used to calculate the Annual
Spending Limit; and
WHEREAS, the City of Atascadero must select the most appropriate criteria to be used in
calculating the annual limit.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero
SECTION 1. That the City of Atascadero elects to use the following criteria for fiscal
year 2024-2025 in establishing its new Annual Spending Limit:
County Population and
Growth in Non-Residential Assessed Valuation
SECTION 2. That the annual spending limit for 2024-2025 is calculated as follows:
Fiscal Year Percentage Change New Limit
2024-2025 10.08% $56,367,413
SECTION 3. Any judicial action or challenge must be commenced within 45 days of the
effective date of this resolution.
SECTION 4. Documentation used in determining the Annual Spending Limit is available
to the public in the Administrative Services Department, 6500 Palma Avenue, Atascadero,
California.
PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day
of ________, 2024.
CITY OF ATASCADERO:
_______________________________
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
Page 16 of 244
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item A3
Department: City Manager
Date: 6/11/24
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: LARA CHRISTENSEN, DEPUTY CITY MANAGER
PREPARED BY: LARA CHRISTENSEN, DEPUTY CITY MANAGER
SUBJECT: Public Safety Labor Agreements
RECOMMENDATIONS:
Council:
1. Approve the Memorandum of Understanding for the Atascadero Police Association.
2. Approve the Memorandum of Understanding for the Atascadero Professional Firefighters
Local 3600.
3. Authorize the Director of Administrative Services to appropriate $315,000 in General
Fund reserves for the salary adjustments for fiscal year 2024-2025.
DISCUSSION:
Memorandums of Understanding (MOUs) are agreements between the City and the employee
associations that set specific language regarding wages, benefits, and working conditions. The
City enters into an MOU with each of the bargaining units. Current MOUs for all bargaining units
expire on June 30, 2024.
The City had struggled to achieve and maintain competitive salaries. Because the cost of living is
high in the area, and neighboring jurisdictions have more resources, the City’s wages have in the
past been a barrier to successfully attracting, hiring and most importantly, retaining professional
employees. This leads to vacancies, loss of institutional knowledge, inefficiencies and additional
incurred costs as new employees are trained.
With the addition of Sales Tax Measure D-20, the City has been able to invest more in trying to
keep wages competitive while still maintaining fiscal sustainability. The majority of the cost of
the labor agreements reflect Cost of Living Adjustments (COLAs), with the intention of trying to
keep employees whole as inflation continues to rise.
The Public Safety bargaining units have concluded negotiations, and outlined below are the
changes to each of those two labor agreements.
Page 17 of 244
6/11/24 | Item A3 | Staff Report
Police MOU:
• Three Year Agreement
• Effective July 1, 2024:
o Police Officers will receive a 2.75% COLA salary increase; and
o Police Sergeants, Public Safety Dispatchers, the Public Safety Lead Dispatcher,
Police Recruits, and the Community Service Officer will receive a 2.5% COLA salary
increase; and
o Police Corporals, the Senior Property Evidence Specialist, and the Lead Records
Technician will receive a 2.0% COLA salary increase; and
o Police Sergeants will receive additional adjustments of 2.0%; and
o Minimum pay for Court Time Standby was increased to 2 hours at straight time
(up from 1 hour minimum); and
o Employees may use the education expense for fees and professional associations,
and travel related education expenses; and
o Bereavement Leave was updated to comply with state law; and
o Field Training Pay was increased from $0.87 per hour to $1.74 per hour, not to
exceed $300 per month; and
o Acting Watch Commander Pay was increased from $1 per hour to $2 per hour; and
o Annual Uniform Pay was increase from $1,000 to $1,200 for Officers, Corporals,
Sergeants, the Senior Property Evidence Specialist, and the Community Services
Officer; and
o Annual Uniform Reimbursement allowance was increased from $200 to $250 for
Public Safety Dispatchers, the Public Safety Lead Dispatcher, and the Lead Records
Technician.
• Effective July 1, 2025:
o Police Officers, Police Sergeants, Public Safety Dispatchers, the Public Safety Lead
Dispatcher, Police Recruits, and the Community Service Officer will receive a 3.0%
COLA salary increase; and
o Police Corporals, the Senior Property Evidence Specialist and the Lead Records
Technician will receive a 2.5% COLA salary increase.
• Effective July 1, 2026:
o Police Officers, Police Sergeants, Public Safety Dispatchers, the Public Safety Lead
Dispatcher, Police Recruits, and the Community Service Officer will receive a 3.0%
COLA salary increase; and
o Police Corporals, the Senior Property Evidence Specialist and the Lead Records
Technician will receive a 2.5% COLA salary increase.
Fire MOU:
• Three Year Agreement
• Effective July 1, 2024:
o All Employees covered by the MOU shall receive a 2.0% salary increase; and
o Paramedic Pay was increased from 10% to 12%; and
o Specialist I assignment pay was increased from 1% to 2%; and
o Specialist II assignments pay was increased from 2% to 4%; and
Page 18 of 244
6/11/24 | Item A3 | Staff Report
o A daily stipend was added for
▪ Fire Equipment Operator - $25 per day
▪ Officer In Charge - $50 per day
▪ Duty Officer - $75 per day
o Employees may use the education expense for travel related education expenses;
and
o Bereavement Leave was updated to comply with state law; and
o The City will work with the State to get the APFA enrolled in State Disability
Insurance; and
o Employees may be able to take advantage of a Mutual Aid Rest Period of up to 48
hours after a Mutual Aid Assignment, under certain conditions, and may use up to
24 hours of accrued sick time off; and
o Added language for the Duty Officer assignment; and
o Added two Specialty Assignment positions for the San Luis Obispo Critical Incident
Stress Management Team (SLOCISM).
o Made other minor adjustments.
• Effective July 1, 2025:
o All Employees covered by the MOU shall receive a 3.0% salary increase.
• Effective July 1, 2026:
o All Employees covered by the MOU shall receive a 3.0% salary increase.
FISCAL IMPACT:
For fiscal year 2024-2025, it is estimated that salary adjustments will cost approximately
$315,000. Fiscal years 2025-2026 and 2026-2027 are expected to cost an additional $1.5 million.
REVIEWED BY OTHERS:
This item has been reviewed by the Administrative Services Director and the Human Resources
Manager.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENTS:
1. Memorandum of Understanding for Atascadero Police Association (redline)
2. Memorandum of Understanding for Atascadero Professional Firefighters Local 3600 (redline)
Page 19 of 244
APA MOU 20241-20274 Page 1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ATASCADERO POLICE ASSOCIATION
AND
CITY OF ATASCADERO
JULY 1, 20214 THROUGH JUNE 30, 20242027
6/11/24 | Item A3 | Attachment 1
Page 20 of 244
APA MOU 20241-20274 Page 2
ARTICLE I - GENERAL PROVISIONS
SECTION 1.1 PREAMBLE
This Memorandum of Understanding is made and entered into between the City of Atascadero,
hereinafter referred to as the “City” and the Atascadero Police Association, hereinafter referred to
as the “Association” pursuant to California Government Code Section 3500, et seq. and the City's
Employer - Employee Relations Policy. The purpose of this Memorandum of Understanding
(MOU) is the establishment of wages, hours and other terms and conditions of employment.
The City and Association agree that the provisions of this MOU shall be applied equally to all
employees covered herein without favor or discrimination because of race, creed, color, sex, age,
national origin, political or religious affiliations or association memberships. Whenever the
masculine gender is used in this MOU, it shall be understood to include the feminine gender.
SECTION 1.2 RECOGNITION
a. The City of Atascadero recognizes the Association as the recognized and exclusive
representative for the following positions:
Police Officer Classification
• Police Officer
• Police Officer – Intermediate POST
• Police Officer – Advanced POST
Police Corporal Classification
• Police Corporal
• Police Corporal – Intermediate POST
• Police Corporal – Advanced POST
Police Sergeant Classification
• Police Sergeant
• Police Sergeant – Advanced POST
• Police Sergeant – Supervisory POST
Property Evidence Specialist Classification
• Senior Property Evidence Specialist
• Senior Property Evidence Specialist - EMD
Support Services Classification
• Lead Records Technician
• Public Safety Dispatcher
• Public Safety Dispatcher – EMD
• Public Safety Lead Dispatcher
• Public Safety Lead Dispatcher - EMD
6/11/24 | Item A3 | Attachment 1
Page 21 of 244
APA MOU 20241-20274 Page 3
Other Classifications
• Police Officer- Recruit
• Community Services Officer
• Code Enforcement Officer
For purposes of this MOU, positions with a POST or EMD designation are hereinafter included
in any reference to Police Officer, Police Corporal, Police Sergeant, Senior Property Evidence
Specialist, Public Safety Dispatcher, and Public Safety Lead Dispatcher.
b. This recognition is exclusive of management employees and temporary employees.
c. The City agrees to meet and confer and otherwise deal exclusively with the Association on all
matters relating to the scope of representation under the Meyers-Milias-Brown Act
(Government Code Section 3500, et seq.), and as provided under the City's Employer-
Employee Relations Policy.
SECTION 1.3 SEVERANCE
a. If any provision of the Agreement should be found invalid, unconstitutional, unlawful, or
unenforceable by reason of any existing or subsequently enacted constitutional or legislative
provision shall be severed, and all other provisions of the Agreement shall remain in full force
and effect for the duration of the Agreement.
b. In the event that any provision of the MOU should be found invalid, unconstitutional, unlawful
or unenforceable, the City and the Association agree to meet and confer in a timely manner in
an attempt to negotiate a substitute provision. Such negotiations shall apply only to the severed
provision of the Agreement and shall not in any way modify or impact the remaining provisions
of the existing MOU.
SECTION 1.4 SOLE AGREEMENTS
a. The City and the Association agree that to the extent that any provision addressing wages,
hours, and terms and conditions of employment negotiable under the Meyers-Milias-Brown
Act found outside this MOU and are in conflict thereof, this MOU shall prevail.
b. If, during the term of the MOU, the parties should mutually agree to modify, amend, or alter
the provisions of this MOU in any respect, any such change shall be effective only if and when
reduced to writing and executed by the authorized representatives of the City and the
Association. Any such changes validly made shall become part of this MOU and subject to its
terms.
SECTION 1.5 FULL FORCES AND EFFECT
a. All wages, hours, and terms and conditions of employment that are negotiable subjects of
bargaining under the Meyers-Milias-Brown Act, including those set in this MOU, shall remain
6/11/24 | Item A3 | Attachment 1
Page 22 of 244
APA MOU 20241-20274 Page 4
in full force and effect during the term of this MOU unless changed by mutual agreement.
b. The City will abide by the Meyers-Milias-Brown Act where and when it applies to the
Association.
ARTICLE II - RESPECTIVE RIGHTS
SECTION 2.1 ASSOCIATION RIGHTS
The Association shall have the following rights and responsibilities:
a. Reasonable advance notice of any City ordinance, rule, resolution, or regulation directly
relating to matters within the scope of representation proposed to be adopted by the City
Council.
b. Reasonable use of one bulletin board at the Atascadero Police Department.
c. The right to payroll deductions made for payments or organization dues and for City approved
programs.
d. The use of City facilities for regular, normal and lawful Association activities, providing that
approval of the City Manager or his/her designee has been obtained.
e. Reasonable access to employee work locations for officers of the Association and their
officially designated representatives for the purpose of processing grievances or contacting
members of the organization concerning business within the scope of representation. Access
shall be restricted so as not to interfere with the normal operations of any department or with
established safety or security requirements.
SECTION 2.2 CITY RIGHTS
a. The authority of the City includes, but is not limited to, the exclusive right to determine the
standards of service; determine the procedures and standards of selection for employment and
promotion; direct its employees; take disciplinary action for "just cause"; relieve its employees
from duty because of lack of work or for other legitimate reason; maintain the efficiency of
governmental operations; determine the methods, staffing and personnel by which
governmental operations are to be conducted; determine the content of job classifications; take
all necessary actions to carry out its mission in emergencies; exercise complete control and
discretion over its organizations and the technology of performing its work provided, however,
that the exercise and retention of such rights does not preclude employees or their
representatives from consulting or raising grievances over the consequences or impact that
decisions on these matters may have on wage, hours and other terms of employment.
6/11/24 | Item A3 | Attachment 1
Page 23 of 244
APA MOU 20241-20274 Page 5
SECTION 2.3 PEACEFUL PERFORMANCE
a. The parties to this MOU recognize and acknowledge that the services performed by the City
employees covered by this Agreement are essential to the public health, safety and general
welfare of the residents of the City of Atascadero. Association agrees that under no
circumstances will the Association recommend, encourage, cause or promote its members to
initiate, participate in, nor will any member of the bargaining unit take part in, any strike, sit-
down, stay-in, sick-out, slow-down, or picketing (hereinafter collectively referred to as ”work-
stoppage”) in any office or department of the City, nor to curtail any work or restrict any
production, or interfere with any operation of the City. In the event of any such work stoppage
by any member of the bargaining unit, the City shall not be required to negotiate on the merits
of any dispute which may have risen to such work stoppage until said work stoppage has
ceased.
b. In the event of any work stoppage during the term of this MOU, whether by the Association
or by any member of the bargaining unit, the Association by its officers, shall immediately
declare in writing and publicize that such work stoppage is illegal and unauthorized, and further
direct its members in writing to cease the said conduct and resume work. Copies of such
written notices shall be served upon the City. If in the event of any work stoppage the
Association promptly and in good faith performs the obligations of this paragraph, and
providing the Association has not otherwise authorized, permitted or encouraged such work
stoppage, the Association shall not be liable for any damages caused by the violation of this
provision. However, the City shall have the right to discipline, up to and including discharge,
any employee who instigates, participates in, or gives leadership to, any work stoppage activity
herein prohibited, and the City shall also have the right to seek full legal redress, including
damages, against any such employees.
ARTICLE III - HOURS OF WORK AND OVERTIME
SECTION 3.1 HOURS OF WORK
a. Work Period
In general, employees shall be scheduled to work consecutive days on and consecutive days
off. Work schedule changes (e.g., from 5/8 to 4/10, 3/12 or 9/80) require a 30-day notice by
the Chief of Police or their designee or the Association. Either party may request a change in
work schedules by written notification at least thirty (30) days in advance of proposed changes.
The normal work period, pursuant to Section 207 (k) of the Fair Labor Standards Act, shall be
fourteen (14) days. All hours worked in excess of the employee’s regularly recurring 80-hour
biweekly work schedule shall be paid at the overtime rate of one and one-half the employee’s
regular rate of pay.
b. Mealtime
Mealtime for shift employees is thirty (30) minutes of paid time.
6/11/24 | Item A3 | Attachment 1
Page 24 of 244
APA MOU 20241-20274 Page 6
c. Mealtime Call-out for Shift Employees
Mealtime may be taken during the shift if the workload permits and as authorized and
scheduled by the shift supervisor. Shift employees receive mealtime as paid time, and therefore
shift employee shall be subject to call out during mealtime.
d. Rest Periods
Rest periods will normally be provided to employees at the rate of fifteen (15) minutes for each
four- (4) hours worked. Rest periods are not to be construed as mealtime. Insofar as practical,
rest periods shall be in the middle of each work period. Rest periods cannot be used in
conjunction with a meal periods, nor may rest periods be taken during the employee’s first or
last scheduled hour of work.
e. Missed Rest Periods and Mealtime
Rest periods are paid time; therefore nothing in this section provides for or implies any
additional compensation or benefits if a rest period is not taken. Mealtime is paid time,
therefore nothing in this section provides for or implies any additional compensation or benefit
if a meal period is not completed or taken.
f. Medical Attention for On-the-Job Injuries
Employees shall make reasonable attempts to schedule all medical treatment related to on-the-
job injuries during non-scheduled work hours. Medical treatment for on-the-job injuries that
are required during scheduled work hours shall be paid time. Medical appointments during
normal scheduled work hours should be coordinated with the employee’s supervisor so the
best interests of the department are maintained. At no point will the employee be compensated
for medical appointments that are not during his/her normal work shift; nor will employees
receive overtime for attending medical appointments.
g. Definition of Shift Employees
Shift employees that are assigned to positions in which duties are performed on a twenty-four
(24) hour day, seven (7) days a week basis shall include all classifications identified Section
1.2 of this MOU.
h. Shift Trade
Employees of equal rank will be allowed to trade shifts from time to time as long as the
following criteria are met:
1. The trade does not adversely impact the Department's operating needs.
2. The trade does not result in the payment of overtime to the trading employees.
3. The trade is by mutual consent of the employees involved.
4. The trade request must be submitted in writing to the employees supervisor, signed by both
employees and approved by the Police Chief or his/her designee.
5. The trade days occur within the same pay period.
6/11/24 | Item A3 | Attachment 1
Page 25 of 244
APA MOU 20241-20274 Page 7
SECTION 3.2 OVERTIME
a. Rate
Employees shall be paid overtime at the rate of time and one-half his/her regular rate of pay.
All overtime shall be recorded and paid in the following manner:
1 to 15 minutes, overtime compensation – ¼ hour
16 to 30 minutes, overtime compensation – ½ hour
31 to 45 minutes, overtime compensation – ¾ hour
46 to 60 minutes, overtime compensation – 1 hour
b. Hours Paid
Paid time off shall be considered time worked for overtime purposes.
c. Compensatory Time (CT)
Notwithstanding the provisions of this section, employees may be granted CT for overtime
credit computed at time and one-half at the mutual convenience of the Police Department and
the employee. Employees may accumulate a maximum of one hundred and twenty (120) hours
in their CT account.
d. Scheduling Compensatory Time
Requests to use CT shall be granted with due regard for operational necessity such as staffing
levels.
e. Schools/Training/Qualifications/Department Meetings
Overtime for Police Officers, Police Corporals or Police Sergeants as the result of Department-
wide training and meetings authorized by the Chief of Police will be compensated at the time
and one-half overtime rate.
Hours traveling, studying, or evening classes shall be paid in accordance with all FLSA
provisions.
Travel time for mandatory or department assigned travel events shall be compensated as
follows:
When an employee is required to travel outside of San Luis Obispo County, the employee
will be compensated for their time spent in travel as paid time. Time spent in travel shall
be measured by the difference in the time normally required to travel between the
employee’s home and the regularly assigned workplace and the time between home and
the temporary worksite. Whenever possible the employee’s work schedule should be
adjusted within the two week work period to accommodate this travel time as straight paid
time. Any time spent in travel in excess of the 80 hours shall be compensated as overtime.
6/11/24 | Item A3 | Attachment 1
Page 26 of 244
APA MOU 20241-20274 Page 8
Travel time for employee-requested, promotional or other voluntary training shall be
compensated as follows:
When an employee is required to travel outside of San Luis Obispo County, the employee
may be compensated for their time spent in travel as paid time when the travel time can be
accommodated within the employee’s 80 hour work-period. Time spent in travel shall be
measured by the difference in the time normally required to travel between the employee’s
home and the regularly assigned workplace and the time between home and the temporary
worksite. When it meets the needs of the department, the employee’s work schedule should
be adjusted within the two week work period to accommodate this travel time as straight
paid time. Any time spent in travel for voluntary training in excess of the 80 hour two
week work period shall not be compensated.
SECTION 3.3 CALLBACK PAY
Employees who are called to duty at a time they are not working shall be compensated a minimum
compensation of two (2) hours at time and one-half rate of pay.
SECTION 3.4 COURT TIME/STANDBY TIME
a. Employees assigned standby duty shall receive fifty dollars ($50.00) for each day of standby
duty. A day is defined as a 24 hour period.
b. Employees placed on standby by the court at a time they are not working shall be compensated
at the rate of two (2) hours straight time compensation for every four (4) hours of actual time
in standby assignment, prorated for more or less than four hours. Minimum compensation will
be for for twoone (21) hours of straight time.
c. Employees responding to work from standby shall receive a minimum of two hours pay at
straight time. Employees working in excess of one hour and twenty minutes once called back
shall receive time and one-half pay for hours worked in excess of one hour and twenty minutes,
or two hours straight time, whichever is greater.
d. The Chief of Police may place employees on standby status. Standby duty shall not be
considered as hours worked for the purpose of computing overtime.
e. Employees on standby status shall provide the Public Safety Dispatcher or their designee with
a telephone number where he/she can be reached directly; and be able to respond to the
predetermined duty assignment within one hour from the time of notification.
6/11/24 | Item A3 | Attachment 1
Page 27 of 244
APA MOU 20241-20274 Page 9
ARTICLE IV - PAY PROVISIONS
SECTION 4.1 SALARY
Year 1- Effective July 1, 2021, all employees covered under this MOU shall receive a 5.0% (five
point zero percent) COLA salary increase to base salary. The City understands and appreciates
the need to retain our quality employees and the City acknowledges that the wages paid for certain
positions are below the comparable wages for other cities within the County. Because the City
hopes to increase retention and attraction of professional employees, the following inequity
adjustments will be made:
a. The following position will receive a 2.5% (two point five percent) inequity adjustment to base
salary in addition to the COLA salary increase above:
Support Services Classification
Lead Records TechnicianOther Classifications
Police Officer- Recruit
Code Enforcement Officer
•
b. The following positions will receive a 7.5% (seven point five percent) inequity adjustment
to base salary in addition to the COLA salary increase above:
Police Officer Classification
• Police Officer
• Police Officer – Intermediate POST
• Police Officer – Advanced POST
Police Corporal Classification
• Police Corporal
• Police Corporal – Intermediate POST
• Police Corporal – Advanced POST
Support Services Classification
• Public Safety Dispatcher
• Public Safety Dispatcher - EMD
Other Classifications
• Police Officer- Recruit
• Code Enforcement Officer
c. The following positions will receive a 10.0% (ten point zero percent) inequity adjustment
to base salary in addition to the COLA salary increase above:
Police Sergeant Classification
• Police Sergeant
• Police Sergeant – Advanced POST
• Police Sergeant – Supervisory POST
Support Services Classification
• Public Safety Lead Dispatcher
6/11/24 | Item A3 | Attachment 1
Page 28 of 244
APA MOU 20241-20274 Page 10
• Public Safety Lead Dispatcher – EMD
Other Classifications
• Community Services Officer
d. The following position will receive a 12.5% (twelve point five percent) inequity adjustment
to base salary in addition to the COLA salary increase above:
Property Evidence Specialist Classification
• Senior Property Evidence Specialist
• Senior Property Evidence Specialist – EMD
Year 1- Effective July 1, 2024, employees covered under this MOU will receive the following
COLA increases to base salary:
a. The following positions will receive a 2.0% (two point zero percent) COLA:
Police Corporal Classification
• Police Corporal
• Police Corporal – Intermediate POST
• Police Corporal – Advanced POST
Property Evidence Specialist Classification
• Senior Property Evidence Specialist
• Senior Property Evidence Specialist – EMD
Support Services Classifications
• Lead Records Technician
b. The following positions will receive a 2.5% (two point five percent) COLA:
Police Sergeant Classification
• Police Sergeant
• Police Sergeant - Advanced POST
• Police Sergeant – Supervisory POST
Support Services Classification
• Public Safety Dispatcher
• Public Safety Dispatcher – EMD
• Public Safety Lead Dispatcher
• Public Safety Lead Dispatcher – EMD
Other Classifications
• Police Officer Recruit
• Community Services Officer
c. The following positions will receive a 2.75% (two point seven five percent) COLA:
6/11/24 | Item A3 | Attachment 1
Page 29 of 244
APA MOU 20241-20274 Page 11
Police Officer Classification
• Police Officer
• Police Officer - Intermediate POST
• Police Officer – Advanced POST
d. The following positions will receive a 2.0% (two point zero percent) additional
adjustment:
Police Sergeant Classification
• Police Sergeant
• Police Sergeant - Advanced POST
• Police Sergeant – Supervisory POST
The following monthly salaries are effective July 1, 20214:
6/11/24 | Item A3 | Attachment 1
Page 30 of 244
APA MOU 20241-20274 Page 12
CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E
Community Services Officer SS17 4,634.68 4,866.41 5,109.73 5,365.22 5,633.48
Police Corporal PD39 7,925.76 8,322.05 8,738.15 9,175.06 9,633.81
Police Corporal - Intermediate POST PD39I 8,123.90 8,530.10 8,956.61 9,404.44 9,874.66
Police Corporal- Advanced POST PD39A 8,322.05 8,738.15 9,175.06 9,633.81 10,115.50
Police Lead Records Technician SS26 5,746.15 6,033.46 6,335.13 6,651.89 6,984.48
Police Level 3 Reserve Officer PD35 7,241.75 7,603.84 n/a n/a n/a
Police Officer PD35 7,241.75 7,603.84 7,984.03 8,383.23 8,802.39
Police Officer - Advanced POST PD35A 7,603.84 7,984.03 8,383.23 8,802.39 9,242.51
Police Officer - Intermediate POST PD35i 7,422.79 7,793.93 8,183.63 8,592.81 9,022.45
Police Officer Recruit SS25 5,633.48 - - - -
Police Sergeant PS46 9,435.51 9,907.29 10,402.65 10,922.78 11,468.92
Police Sergeant - Advanced POST PS46A 9,671.40 10,154.97 10,662.72 11,195.86 11,755.65
Police Sergeant - Supervisory POST PS46S 9,907.29 10,402.65 10,922.78 11,468.92 12,042.37
Public Safety Dispatcher SS25 5,633.48 5,915.15 6,210.91 6,521.46 6,847.53
Public Safety Dispatcher - EMD SS25E 5,683.48 5,967.65 6,266.04 6,579.35 6,908.31
Public Safety Dispatcher - EMD
with Longevity
SS25EL 5,965.15 6,263.41 6,576.59 6,905.42 7,250.69
Public Safety Dispatcher w/Longevity SS25L 5,915.15 6,210.91 6,521.46 6,847.53 7,189.91
Public Safety Lead Dispatcher SS29 6,210.91 6,521.46 6,847.53 7,189.91 7,549.41
Public Safety Lead Dispatcher
- EMD
SS29E 6,260.91 6,573.96 6,902.66 7,247.80 7,610.19
Public Safety Lead Dispatcher
- EMD with Longevity
SS29EL 6,571.46 6,900.03 7,245.04 7,607.30 7,987.66
Public Safety Lead Dispatcher
w/ Longevity
SS29L 6,521.46 6,847.53 7,189.91 7,549.41 7,926.88
Senior Property Evidence Specialist SS37 7,512.59 7,888.22 8,282.63 8,696.76 9,131.60
Senior Property Evidence Specialist -
EMD
SS37E 7,562.59 7,940.72 8,337.76 8,754.65 9,192.38
Senior Property Evidence Specialist
- EMD with Longevity
SS37EL 7,938.22 8,335.13 8,751.89 9,189.49 9,648.96
Senior Property Evidence Specialist
w/Longevity
SS37L 7,888.22 8,282.63 8,696.76 9,131.60 9,588.18
MONTHLY SALARY
Effective July 1, 2024
6/11/24 | Item A3 | Attachment 1
Page 31 of 244
APA MOU 20241-20274 Page 13
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Code Enforcement Officer 4,967.80$ 5,216.19$ 5,477.00$ 5,750.85$ 6,038.39$
Community Services Officer 3,987.33$ 4,186.70$ 4,396.04$ 4,615.84$ 4,846.63$
Police Corporal 6,852.15$ 7,194.76$ 7,554.50$ 7,932.23$ 8,328.84$
Police Corporal - Intermediate POST 7,023.46$ 7,374.63$ 7,743.36$ 8,130.53$ 8,537.06$
Police Corporal- Advanced POST 7,194.76$ 7,554.50$ 7,932.23$ 8,328.84$ 8,745.28$
Police Lead Records Technician 4,967.80$ 5,216.19$ 5,477.00$ 5,750.85$ 6,038.39$
Police Level 3 Reserve Officer 6,215.10$ 6,525.86$ n/a n/a n/a
Police Officer 6,215.10$ 6,525.86$ 6,852.15$ 7,194.76$ 7,554.50$
Police Officer - Intermediate POST 6,370.48$ 6,689.00$ 7,023.45$ 7,374.62$ 7,743.35$
Police Officer - Advanced POST 6,525.86$ 6,852.15$ 7,194.76$ 7,554.50$ 7,932.23$
Police Officer Recruit 4,846.63$ -$ -$ -$ -$
Police Sergeant 7,962.26$ 8,360.37$ 8,778.39$ 9,217.31$ 9,678.18$
Police Sergeant - Advanced POST 8,161.32$ 8,569.39$ 8,997.86$ 9,447.75$ 9,920.14$
Police Sergeant - Supervisory POST 8,360.37$ 8,778.39$ 9,217.31$ 9,678.18$ 10,162.09$
Public Safety Dispatcher 4,846.63$ 5,088.96$ 5,343.41$ 5,610.58$ 5,891.11$
Public Safety Dispatcher - EMD 4,896.63$ 5,141.46$ 5,398.54$ 5,668.47$ 5,951.89$
Public Safety Dispatcher w/Longevity 5,088.96$ 5,343.41$ 5,610.58$ 5,891.11$ 6,185.67$
Public Safety Dispatcher - EMD w/Longevity 5,138.96$ 5,395.91$ 5,665.71$ 5,949.00$ 6,246.45$
Public Safety Lead Dispatcher 5,343.41$ 5,610.58$ 5,891.11$ 6,185.67$ 6,494.95$
Public Safety Lead Dispatcher - EMD 5,393.41$ 5,663.08$ 5,946.24$ 6,243.56$ 6,555.73$
Public Safety Lead Dispatcher w/Longevity 5,610.58$ 5,891.11$ 6,185.67$ 6,494.95$ 6,819.70$
Public Safety Lead Dispatcher - EMD
w/Longevity
5,660.58$ 5,943.61$ 6,240.80$ 6,552.84$ 6,880.48$
Senior Property Evidence Specialist 6,494.95$ 6,819.70$ 7,160.69$ 7,518.72$ 7,894.66$
Senior Property Evidence Specialist - EMD 6,544.95$ 6,872.20$ 7,215.82$ 7,576.61$ 7,955.44$
Senior Property Evidence Specialist
w/Longevity
6,819.70$ 7,160.69$ 7,518.72$ 7,894.66$ 8,289.39$
Senior Property Evidence Specialist - EMD
w/Longevity
6,869.70$ 7,213.19$ 7,573.85$ 7,952.55$ 8,350.17$
MONTHLY SALARY
Effective July 1, 2021
6/11/24 | Item A3 | Attachment 1
Page 32 of 244
APA MOU 20241-20274 Page 14
Year 2- Effective July 1, 2025, employees covered under this MOU will receive the following
COLA increases to base salary:
a. The following positions will receive a 2.5% (two point five percent) COLA:
Police Corporal Classification
• Police Corporal
• Police Corporal – Intermediate POST
• Police Corporal – Advanced POST
Property Evidence Specialist Classification
• Senior Property Evidence Specialist
• Senior Property Evidence Specialist – EMD
Support Services Classifications
• Lead Records Technician
b. The following positions will receive a 3.0% (three point zero percent) COLA:
Police Officer Classification
• Police Officer
• Police Officer - Intermediate POST
• Police Officer – Advanced POST
Police Sergeant Classification
• Police Sergeant
• Police Sergeant - Advanced POST
• Police Sergeant – Supervisory POST
Support Services Classification
• Public Safety Dispatcher
• Public Safety Dispatcher – EMD
• Public Safety Lead Dispatcher
• Public Safety Lead Dispatcher – EMD
Other Classifications
• Police Officer Recruit
• Community Services Officer
Year 2-
Effective July 1, 2022 all employees covered under this MOU shall receive a 4.0% (four
point zero percent) COLA increase to base salary. Because the wages paid for certain
positions are below the comparable wages for other cities within the County, and
because the City hopes to increase retention and attraction of professional employees,
an additional 1.0% (one point zero percent) inequity adjustment, for a total of 5% (five
6/11/24 | Item A3 | Attachment 1
Page 33 of 244
APA MOU 20241-20274 Page 15
point zero percent) will be made to base salary for all employees covered under this
MOU.
The following monthly salaries are effective July 1, 20225:
6/11/24 | Item A3 | Attachment 1
Page 34 of 244
APA MOU 20241-20274 Page 16
CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E
Community Services Officer SS17 4,773.73 5,012.42 5,263.04 5,526.19 5,802.50
Police Corporal PD39 8,123.90 8,530.10 8,956.61 9,404.44 9,874.66
Police Corporal - Intermediate POST PD39I 8,327.00 8,743.35 9,180.52 9,639.55 10,121.53
Police Corporal- Advanced POST PD39A 8,530.10 8,956.61 9,404.44 9,874.66 10,368.39
Police Lead Records Technician SS26 5,889.80 6,184.29 6,493.50 6,818.18 7,159.09
Police Level 3 Reserve Officer PD35 7,459.00 7,831.95 n/a n/a n/a
Police Officer PD35 7,459.00 7,831.95 8,223.55 8,634.73 9,066.47
Police Officer - Advanced POST PD35A 7,831.95 8,223.55 8,634.73 9,066.47 9,519.79
Police Officer - Intermediate POST PD35i 7,645.48 8,027.75 8,429.14 8,850.60 9,293.13
Police Officer Recruit SS25 5,802.50 - - - -
Police Sergeant PS46 9,718.58 10,204.51 10,714.74 11,250.48 11,813.00
Police Sergeant - Advanced POST PS46A 9,961.54 10,459.62 10,982.60 11,531.73 12,108.32
Police Sergeant - Supervisory POST PS46S 10,204.51 10,714.74 11,250.48 11,813.00 12,403.65
Public Safety Dispatcher SS25 5,802.50 6,092.63 6,397.26 6,717.12 7,052.98
Public Safety Dispatcher - EMD SS25E 5,852.50 6,145.13 6,452.39 6,775.01 7,113.76
Public Safety Dispatcher - EMD
with Longevity
SS25EL 6,142.63 6,449.76 6,772.25 7,110.87 7,466.41
Public Safety Dispatcher w/Longevity SS25L 6,092.63 6,397.26 6,717.12 7,052.98 7,405.63
Public Safety Lead Dispatcher SS29 6,397.26 6,717.12 7,052.98 7,405.63 7,775.91
Public Safety Lead Dispatcher
- EMD
SS29E 6,447.26 6,769.62 7,108.11 7,463.52 7,836.69
Public Safety Lead Dispatcher
- EMD with Longevity
SS29EL 6,767.12 7,105.48 7,460.76 7,833.80 8,225.49
Public Safety Lead Dispatcher
w/ Longevity
SS29L 6,717.12 7,052.98 7,405.63 7,775.91 8,164.71
Senior Property Evidence Specialist SS37 7,700.40 8,085.42 8,489.69 8,914.17 9,359.88
Senior Property Evidence Specialist -
EMD
SS37E 7,750.40 8,137.92 8,544.82 8,972.06 9,420.66
Senior Property Evidence Specialist
- EMD with Longevity
SS37EL 8,135.42 8,542.19 8,969.30 9,417.77 9,888.65
Senior Property Evidence Specialist
w/Longevity
SS37L 8,085.42 8,489.69 8,914.17 9,359.88 9,827.87
Effective July 1, 2025
MONTHLY SALARY
6/11/24 | Item A3 | Attachment 1
Page 35 of 244
APA MOU 20241-20274 Page 17
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Code Enforcement Officer 5,216.19$ 5,477.00$ 5,750.85$ 6,038.39$ 6,340.31$
Community Services Officer 4,186.70$ 4,396.04$ 4,615.84$ 4,846.63$ 5,088.96$
Police Corporal 7,194.76$ 7,554.50$ 7,932.23$ 8,328.84$ 8,745.28$
Police Corporal - Intermediate POST 7,374.63$ 7,743.36$ 8,130.53$ 8,537.06$ 8,963.91$
Police Corporal- Advanced POST 7,554.50$ 7,932.23$ 8,328.84$ 8,745.28$ 9,182.54$
Police Lead Records Technician 5,216.19$ 5,477.00$ 5,750.85$ 6,038.39$ 6,340.31$
Police Level 3 Reserve Officer 6,525.86$ 6,852.15$ n/a n/a n/a
Police Officer 6,525.86$ 6,852.15$ 7,194.76$ 7,554.50$ 7,932.23$
Police Officer - Intermediate POST 6,689.01$ 7,023.46$ 7,374.63$ 7,743.36$ 8,130.53$
Police Officer - Advanced POST 6,852.15$ 7,194.76$ 7,554.50$ 7,932.23$ 8,328.84$
Police Officer Recruit 5,088.96$ n/a n/a n/a n/a
Police Sergeant 8,360.37$ 8,778.39$ 9,217.31$ 9,678.18$ 10,162.09$
Police Sergeant - Advanced POST 8,569.38$ 8,997.85$ 9,447.74$ 9,920.13$ 10,416.14$
Police Sergeant - Supervisory POST 8,778.39$ 9,217.31$ 9,678.18$ 10,162.09$ 10,670.19$
Public Safety Dispatcher 5,088.96$ 5,343.41$ 5,610.58$ 5,891.11$ 6,185.67$
Public Safety Dispatcher - EMD 5,138.96$ 5,395.91$ 5,665.71$ 5,949.00$ 6,246.45$
Public Safety Dispatcher w/Longevity 5,343.41$ 5,610.58$ 5,891.11$ 6,185.67$ 6,494.95$
Public Safety Dispatcher - EMD w/Longevity 5,393.41$ 5,663.08$ 5,946.24$ 6,243.56$ 6,555.73$
Public Safety Lead Dispatcher 5,610.58$ 5,891.11$ 6,185.67$ 6,494.95$ 6,819.70$
Public Safety Lead Dispatcher - EMD 5,660.58$ 5,943.61$ 6,240.80$ 6,552.84$ 6,880.48$
Public Safety Lead Dispatcher w/Longevity 5,891.11$ 6,185.67$ 6,494.95$ 6,819.70$ 7,160.69$
Public Safety Lead Dispatcher - EMD
w/Longevity
5,941.11$ 6,238.17$ 6,550.08$ 6,877.59$ 7,221.47$
Senior Property Evidence Specialist 6,819.70$ 7,160.69$ 7,518.72$ 7,894.66$ 8,289.39$
Senior Property Evidence Specialist - EMD 6,869.70$ 7,213.19$ 7,573.85$ 7,952.55$ 8,350.17$
Senior Property Evidence Specialist
w/Longevity
7,160.69$ 7,518.72$ 7,894.66$ 8,289.39$ 8,703.86$
Senior Property Evidence Specialist - EMD
w/Longevity
7,210.69$ 7,571.22$ 7,949.79$ 8,347.28$ 8,764.64$
MONTHLY SALARY
Effective July 1, 2022
6/11/24 | Item A3 | Attachment 1
Page 36 of 244
APA MOU 20241-20274 Page 18
Year 3- Effective July 1, 2026, employees covered under this MOU will receive the following
COLA increases to base salary:
c. The following positions will receive a 2.5% (two point five percent) COLA:
Police Corporal Classification
• Police Corporal
• Police Corporal – Intermediate POST
• Police Corporal – Advanced POST
Property Evidence Specialist Classification
• Senior Property Evidence Specialist
• Senior Property Evidence Specialist – EMD
Support Services Classifications
• Lead Records Technician
d. The following positions will receive a 3.0% (three point zero percent) COLA:
Police Officer Classification
• Police Officer
• Police Officer - Intermediate POST
• Police Officer – Advanced POST
Police Sergeant Classification
• Police Sergeant
• Police Sergeant - Advanced POST
• Police Sergeant – Supervisory POST
Support Services Classification
• Public Safety Dispatcher
• Public Safety Dispatcher – EMD
• Public Safety Lead Dispatcher
• Public Safety Lead Dispatcher – EMD
Other Classifications
• Police Officer Recruit
• Community Services Officer
Year 3-
Effective July 1, 2023 all employees covered under this MOU shall receive a 3.5% (three point
five percent) COLA salary increase. Because the wages paid for certain positions are below the
comparable wages for other cities within the County, and because the City hopes to increase
retention and attraction of professional employees, an additional 1.5% (one point five percent)
inequity adjustment, for a total of 5% (five point zero percent) will be made to base salary for all
6/11/24 | Item A3 | Attachment 1
Page 37 of 244
APA MOU 20241-20274 Page 19
employees covered under this MOU.
The following monthly salaries are effective July 1, 2026:
CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E
Community Services Officer SS17 4,916.93 5,162.78 5,420.92 5,691.97 5,976.57
Police Corporal PD39 8,327.00 8,743.35 9,180.52 9,639.55 10,121.53
Police Corporal - Intermediate POST PD39I 8,535.18 8,961.94 9,410.04 9,880.54 10,374.57
Police Corporal- Advanced POST PD39A 8,743.35 9,180.52 9,639.55 10,121.53 10,627.61
Police Lead Records Technician SS26 6,037.05 6,338.90 6,655.85 6,988.64 7,338.07
Police Level 3 Reserve Officer PD35 7,682.77 8,066.91 n/a n/a n/a
Police Officer PD35 7,682.77 8,066.91 8,470.26 8,893.77 9,338.46
Police Officer - Advanced POST PD35A 8,066.91 8,470.26 8,893.77 9,338.46 9,805.38
Police Officer - Intermediate POST PD35i 7,874.84 8,268.58 8,682.01 9,116.11 9,571.92
Police Officer Recruit SS25 5,976.57 - - - -
Police Sergeant PS46 10,010.14 10,510.65 11,036.18 11,587.99 12,167.39
Police Sergeant - Advanced POST PS46A 10,260.39 10,773.41 11,312.08 11,877.68 12,471.56
Police Sergeant - Supervisory POST PS46S 10,510.65 11,036.18 11,587.99 12,167.39 12,775.76
Public Safety Dispatcher SS25 5,976.57 6,275.40 6,589.17 6,918.63 7,264.56
Public Safety Dispatcher - EMD SS25E 6,026.57 6,327.90 6,644.30 6,976.52 7,325.34
Public Safety Dispatcher - EMD
with Longevity
SS25EL 6,325.40 6,641.67 6,973.76 7,322.45 7,688.57
Public Safety Dispatcher w/Longevity SS25L 6,275.40 6,589.17 6,918.63 7,264.56 7,627.79
Public Safety Lead Dispatcher SS29 6,589.17 6,918.63 7,264.56 7,627.79 8,009.18
Public Safety Lead Dispatcher
- EMD
SS29E 6,639.17 6,971.13 7,319.69 7,685.68 8,069.96
Public Safety Lead Dispatcher
- EMD with Longevity
SS29EL 6,968.63 7,317.06 7,682.92 8,067.07 8,470.42
Public Safety Lead Dispatcher
w/ Longevity
SS29L 6,918.63 7,264.56 7,627.79 8,009.18 8,409.64
Senior Property Evidence Specialist SS37 7,892.91 8,287.56 8,701.94 9,137.04 9,593.89
Senior Property Evidence Specialist -
EMD
SS37E 7,942.91 8,340.06 8,757.07 9,194.93 9,654.67
Senior Property Evidence Specialist
- EMD with Longevity
SS37EL 8,337.56 8,754.44 9,192.17 9,651.78 10,134.36
Senior Property Evidence Specialist
w/Longevity
SS37L 8,287.56 8,701.94 9,137.04 9,593.89 10,073.58
MONTHLY SALARY
Effective July 1, 2026
6/11/24 | Item A3 | Attachment 1
Page 38 of 244
APA MOU 20241-20274 Page 20
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Code Enforcement Officer 5,477.00$ 5,750.85$ 6,038.39$ 6,340.31$ 6,657.33$
Community Services Officer 4,396.04$ 4,615.84$ 4,846.63$ 5,088.96$ 5,343.41$
Police Corporal 7,554.50$ 7,932.22$ 8,328.83$ 8,745.27$ 9,182.53$
Police Corporal - Intermediate POST 7,743.36$ 8,130.53$ 8,537.06$ 8,963.91$ 9,412.11$
Police Corporal- Advanced POST 7,932.22$ 8,328.83$ 8,745.27$ 9,182.53$ 9,641.66$
Police Lead Records Technician 5,477.00$ 5,750.85$ 6,038.39$ 6,340.31$ 6,657.33$
Police Level 3 Reserve Officer 6,852.15$ 7,194.76$ n/a n/a n/a
Police Officer 6,852.15$ 7,194.76$ 7,554.50$ 7,932.23$ 8,328.84$
Police Officer - Intermediate POST 7,023.45$ 7,374.62$ 7,743.35$ 8,130.52$ 8,537.05$
Police Officer - Advanced POST 7,194.76$ 7,554.50$ 7,932.23$ 8,328.84$ 8,745.28$
Police Officer Recruit 5,343.41$ n/a n/a n/a n/a
Police Sergeant 8,778.39$ 9,217.31$ 9,678.18$ 10,162.09$ 10,670.19$
Police Sergeant - Advanced POST 8,997.85$ 9,447.74$ 9,920.13$ 10,416.14$ 10,936.95$
Police Sergeant - Supervisory POST 9,217.31$ 9,678.18$ 10,162.09$ 10,670.19$ 11,203.70$
Public Safety Dispatcher 5,343.41$ 5,610.58$ 5,891.11$ 6,185.67$ 6,494.95$
Public Safety Dispatcher - EMD 5,393.41$ 5,663.08$ 5,946.24$ 6,243.56$ 6,555.73$
Public Safety Dispatcher w/Longevity 5,610.58$ 5,891.11$ 6,185.67$ 6,494.95$ 6,819.70$
Public Safety Dispatcher - EMD w/Longevity 5,660.58$ 5,943.61$ 6,240.80$ 6,552.84$ 6,880.48$
Public Safety Lead Dispatcher 5,891.11$ 6,185.67$ 6,494.95$ 6,819.70$ 7,160.69$
Public Safety Lead Dispatcher - EMD 5,941.11$ 6,238.17$ 6,550.08$ 6,877.59$ 7,221.47$
Public Safety Lead Dispatcher w/Longevity 6,185.67$ 6,494.95$ 6,819.70$ 7,160.69$ 7,518.72$
Public Safety Lead Dispatcher - EMD
w/Longevity
6,235.67$ 6,547.45$ 6,874.83$ 7,218.58$ 7,579.50$
Senior Property Evidence Specialist 7,160.69$ 7,518.72$ 7,894.66$ 8,289.39$ 8,703.86$
Senior Property Evidence Specialist - EMD 7,210.69$ 7,571.22$ 7,949.79$ 8,347.28$ 8,764.64$
Senior Property Evidence Specialist
w/Longevity
7,518.72$ 7,894.66$ 8,289.39$ 8,703.86$ 9,139.05$
Senior Property Evidence Specialist - EMD
w/Longevity
7,568.72$ 7,947.16$ 8,344.52$ 8,761.75$ 9,199.83$
MONTHLY SALARY
Effective July 1, 2023
6/11/24 | Item A3 | Attachment 1
Page 39 of 244
APA MOU 20241-20274 Page 21
a. Steps B, C, D, and E shall be paid upon completion of twelve months of employment at the
preceding step where the employee has demonstrated at least satisfactory job progress and
normally increasing productivity, and upon recommendation of the Department Head and
approval of the City Manager.
b. Police Officers and Police Corporals who possess a P.O.S.T. Intermediate Certificate shall
receive two and one-half percent (2½%) more in base salary than those positions within the
same classification without a P.O.S.T. Intermediate Certificate.
c. Police Officers and Police Corporals who possess a P.O.S.T. Advanced Certificate will receive
two and one-half percent (2½%) more in base salary than those positions within the same
classification without a P.O.S.T. Advanced Certificate, in addition to 4.1.b above.
d. Police Sergeants who possess a P.O.S.T. Advanced Certificate will receive two and one-half
percent (2½%) more in base salary than those positions within the same classification without
a P.O.S.T. Advanced Certificate.
e. Police Sergeants who possess a P.O.S.T. Supervisory Certificate will receive two and one-half
percent (2½%) more in base salary than those positions within the same classification without
a P.O.S.T. Supervisory Certificate, in addition to 4.1.d above.
f. Each Public Safety Dispatcher, Senior Property Evidence Specialist, or Public Safety Lead
Dispatcher having the Emergency Medical Dispatch (EMD) Certification will receive the
following amounts more in base salary per month than those positions within the same
classification without an EMD Certificate:
SECTION 4.2 INCENTIVE PAY
Employees shall be reimbursed up to a maximum of $1,600 per fiscal year as follows:
a. Books, tuition and related educational expenses, including hotel, mileage or travel
related expenses, for attending college or other professional training, providing the
coursework is job-related, and the employee received a passing grade. Coursework
description, proof of passing grade, receipts and proof of payment are required for
reimbursement. Hotels, airfare, meals, and other travel related expenses are not eligible
for reimbursement. All reimbursements must follow the restrictions outlined in the
purchasing policy.
b. Annual dues, membership fees, and registration and travel related expenses associated
with attendance at conferences related to membership in professional associations that
are job-related (as determined by the Chief of Police or their designee). All
reimbursements must follow the restrictions outlined in the purchasing policy.
Step A Step B Step C Step D Step E
EMD Pay 50.00$ 52.50$ 55.13$ 57.89$ 60.78$
6/11/24 | Item A3 | Attachment 1
Page 40 of 244
APA MOU 20241-20274 Page 22
a.c. Gym and fitness memberships: The City will reimburse employees up to 50% of costs
to a maximum of $600 per fiscal year for gym memberships, fitness training classes,
jiu jitsu, other similar classes, or memberships as approved by the Chief of Police in
advance. Employee must submit membership or class description, receipts or other
proof of cost, and proof of employee payment in order to receive reimbursement. This
program is voluntary and employees will participate on their own time without
compensation from the City.
b.d. In no instance will an employee be reimbursed more than $1,600 for expenditures
incurred in any fiscal year.
c.e. Employee shall be responsible for any applicable federal, state or local taxes.
f. Based on title 2 of the California Code of Regulations Section 571, the health and
wellness reimbursement, will not be considered “Special Compensation”, will not be
reported to CalPERS as compensation and will not be considered as compensation
when calculating an employee’s retirement benefits. In the event that CalPERS at some
time in the future determines that the health and wellness reimbursement meets the
definition of “Special Compensation”, both parties agree to reopen negotiations related
to the financial impacts and implementation of this issue.
SECTION 4.3 CONTINUOUS SERVICE PAY
Employees in the Public Safety Dispatcher, Public Safety Lead Dispatcher, , and Senior Property
Evidence Specialist classifications, after five years of continuous service in the classification and
satisfactory or better evaluations, shall receive five percent (5%) in additional pay to their base
salary.
SECTION 4.4 RETIREMENT
CalPERS Sworn Safety Members (as defined by CalPERS)
a. Sworn Safety Member employees (as defined by CalPERS) are provided retirement
benefits through the California Public Employees Retirement System (CalPERS).
TIER 1
Sworn Safety Member employees including Police Officers, Police Corporals and Police
Sergeants hired on or before July 14, 2012 are provided benefits pursuant to the 3% @ 50
Benefit Formula (Government Code Section 21362.2), Final Compensation 1 Year (G.C.
Section 20042) and Unused Sick Leave Credit (G.C. Section 20965). The City will pay
0% (zero percent) of the Sworn Safety Member employee contribution of 9% (nine
percent). Sworn Safety Member employees will pay the employee contribution of 9%
(nine percent).
TIER 2
Sworn Safety Member employees including Police Officers, Police Corporals and Police
Sergeants hired between July 14, 2012 and December 31, 2012, and Sworn Safety Member
employees hired on or after January 1, 2013 who meet the definition of a Classic Member
6/11/24 | Item A3 | Attachment 1
Page 41 of 244
APA MOU 20241-20274 Page 23
under CalPERS, are provided benefits pursuant to the 3% @ 55 Benefit Formula (G.C.
Section 21363.1), Final Compensation 3 Year (G.C. Section 20037) and Unused Sick
Leave Credit (G.C. Section 20965). The City will pay 0% (zero percent) of the Sworn
Safety Member employee contribution of 9% (nine percent). Sworn Safety Member
employees will pay the employee contribution of 9% (nine percent).
TIER 3
Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA),
Sworn Safety Member employees including Police Officers, Police Corporals and Police
Sergeants hired on or after January 1, 2013 who meet the definition of a CalPERS new
member under PEPRA are provided benefits pursuant to the 2.7% @ 57 Benefit Formula
(G.C. Section 7522.25(d)) with Final Compensation 3 Year (G.C. Section 20037). The
Sworn Safety Member employee will pay a member contribution rate of 50% (fifty percent)
of the expected normal cost rate.
b. The CalPERS retirement for Sworn Safety Members (as defined by CalPERS) includes
Level Four (4) of the 1959 Survivor’s Benefit. The employees shall pay the monthly cost
of the benefit.
c. Employee contributions shall be contributed to CalPERS on a pre-tax basis.
CalPERS Non-Sworn Miscellaneous Members (as defined by CalPERS)
a. Non-Sworn Safety Member employees (as defined by CalPERS) are provided retirement
benefits through the California Public Employees Retirement System (CalPERS).
TIER 1
Non-sworn Miscellaneous Member employees including Police Officer Recruit,
Community Services Officer, Code Enforcement Officer, Public Safety Dispatcher, Senior
Property Evidence Specialist, Lead Records Technician, and Public Safety Lead
Dispatcher hired on or before July 14, 2012 are provided benefits pursuant to the 2.5% @
55 Benefit Formula (Government Code Section 21354.4), Final Compensation 1 Year
(G.C. Section 20042) and Unused Sick Leave Credit (G.C. Section 20965). The City will
pay 0% (zero percent) of the Non-sworn Miscellaneous Member employee contribution of
8% (eight percent). Non-sworn Miscellaneous Member employees will pay the employee
contribution of 8% (eight percent).
TIER 2
Non-sworn Miscellaneous Member employees including Police Officer Recruit,
Community Services Officer, Code Enforcement Officer, Public Safety Dispatcher, Senior
Property Evidence Specialist, Lead Records Technician, and Public Safety Lead
Dispatcher hired between July 14, 2012 and December 31, 2012, and Non-sworn
Miscellaneous Member employees hired on or after January 1, 2013 who meet the
definition of a Classic Member under CalPERS, are provided benefits pursuant to the 2%
@ 55 Benefit Formula (G.C. Section 21354), Final Compensation 3 Year (G.C. Section
20037) and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 0% (zero
percent) of the Non-sworn Miscellaneous Member employee contribution of 7% (seven
6/11/24 | Item A3 | Attachment 1
Page 42 of 244
APA MOU 20241-20274 Page 24
percent). Non-sworn Miscellaneous Member employees will pay the employee
contribution of 7% (seven percent).
TIER 3
Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA), Non-
sworn Miscellaneous Member employees including Police Officer Recruit, Community
Services Officer, Code Enforcement Officer, Public Safety Dispatcher, Senior Property
Evidence Specialist, Lead Records Technician, and Public Safety Lead Dispatcher hired
on or after January 1, 2013 who meet the definition of a CalPERS new member under
PEPRA are provided benefits pursuant to 2% @ 62 Benefit Formula (G.C. Section
7522.20) with Final Compensation 3 Year (G.C. Section 20037). The Non-sworn
Miscellaneous Member employee will pay a member contribution rate of 50% (fifty
percent) of the expected normal cost rate.
b. The City shall provide CalPERS the Post Retirement Survivor benefit for Miscellaneous
Members.
c. Employee contributions shall be contributed to CalPERS on a pre-tax basis.
SECTION 4.5 SICK LEAVE/STAY WELL PLAN
a. Sick leave accumulates at a rate of eight (8) hours per month. There is no limit to the
accumulation.
b. Employees with 384 or more hours of accumulated sick leave shall be eligible for the Stay
Well Bonus. The Stay Well Bonus will be implemented as follows:
1. The sick leave pay-off will occur during the 52-week period beginning the first day after
the second pay period in October and ending on the last day of the second pay period in
October of the following year after an employee has accumulated and maintained 384 hours
sick leave.
2. Once the eligibility requirements have been met, an employee may opt to receive a pay-off
equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment
is 95.94 hours).
3. Checks will be prepared by December 15 of each year.
c. In any calendar year, up to 16 hours of sick leave may be used for personal reasons without
explanation. These hours are not intended as vacation time and may not be used to extend
vacations.
d. An employee may use in any calendar year accrued sick leave, up to the amount earned during
twelve (12) months employment, to attend to the illness of the following family members:
1. The employee’s child (including biological, foster, or adopted child, a stepchild, a legal
ward, a child of a domestic partner, or a child of a person standing in loco parentis).
2. The employee’s parent (including biological, foster, or adoptive parent, a stepparent, or a
legal guardian).
6/11/24 | Item A3 | Attachment 1
Page 43 of 244
APA MOU 20241-20274 Page 25
3. The employee’s spouse or domestic partner.
If the employee is performing satisfactorily and the employee’s workload would not be
negatively impacted, the Department Head may approve additional time off, up to the amount
earned during three (3) months of employment, for Family Care.
Family Care leave may also qualify for protection under the FMLA and/or CFRA, and any
Family Care leave granted under this section shall run concurrently with FMLA and/or CFRA
leave. FMLA/CFRA leave is addressed in a separate City policy.
SECTION 4.6 VACATION LEAVE
a. Employees shall be entitled to vacation leave consistent with the City of Atascadero Personnel
System Rules.
b. In addition to the vacation leave accrued as outlined in Section 15.2 B of the City of Atascadero
Personnel System Rules, employees shall receive:
• An additional two days of vacation annually upon completing 15 years of service
for a total accrual of 22 days per year or 6.77 hours per pay period; and
• Two more days of vacation annually upon completing 20 years of service for a total
accrual of 24 days per year or 7.38 hours per pay period.
SECTION 4.7 HOLIDAYS
a. Employees shall receive twelve (12) holidays per calendar year. Said holidays shall be earned
in eight (8) hour increments on the 1st day of the first full pay period of each month.
b. Employees may elect one of the following options with regards to holidays:
1. Hours as Earned: Employees may elect to receive eight hours of holiday time on the 1st
day of the first full pay period of each month. This shall be the default option if employees
do not select another method of receipt.
2. Paid as Earned: Employees may elect to be paid for eight hours of holiday time as it is
earned on the first full pay period of each month
3. Front Loading Hours: Employees may elect to front load their holiday time and be
credited with 96 hours of holiday time on the 1st day of the first full pay period in January.
Employees who choose this option for front loading will still earn their holiday time in 8
hour increments on the 1st day of the first full pay period of each month. Employees
choosing this option who terminate employment during the year shall pay the City back for
any hours used but not earned, and will not receive pay for hours credited but not earned.
To be eligible for this option an employee must:
• Sign an agreement with the City of Atascadero acknowledging that the employee
is liable for any funds owed to the City upon termination and authorizing a payroll
deduction allowing the City to deduct any amounts owed from the employee’s final
check; and
6/11/24 | Item A3 | Attachment 1
Page 44 of 244
APA MOU 20241-20274 Page 26
• Be employed by the City on the last day of the first full pay period in January; and
• Work (not in a paid leave status) for at least one day during the first full pay period
in January; and
• Receive City Manager approval if they are a probationary employee.
c. Holidays must be used within the calendar year. Employees may take holiday time off
consistent with the scheduling needs of the City and subject to approval of the Chief of Police.
d. Employees shall be allowed to accrue holiday hours prior to required payoff.
e. Employees who have not used their accrued holiday time by December 31st, will be paid for
all accrued holiday hours, no later than the second payday of January.
f. Employees may elect to apply the value of accrued holiday hours to their deferred
compensation account. Election forms must be completed and received no later than
December 31st, to be processed no later than the second payday of January.
SECTION 4.8 BEREAVEMENT LEAVE
Employees shall be granted bereavement leave pursuant to the July 2012 City of Atascadero
Personnel System Rules.
The City shall provide up to twenty-four (24) hours of paid bereavement leave for bereavement
purposes. Bereavement purposes include (1) the death of a member of the employee’s immediate
family,, and (2) the critical illness of a member of the employee’s immediate family where death
appears to be imminent and (3) reproductive loss. The amount of bereavement leave provided
under this section is twenty four (24) hours per family member.
The employee may be required to submit proof of a relative's death or critical illness before final
approval of leave is granted.
For purposes of this section, “immediate family” means: spouse or domestic partner, parent
(including biological, foster, or adoptive parent, a stepparent, or a legal guardian), grandparent,
grandchild, child (including biological, foster, or adopted child, a stepchild, a legal ward, a child
of a domestic partner, or a child of a person standing in loco parentis), brother, sister, aunt, uncle,
son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law or
significant other. Reproductive loss includes miscarriage, stillbirth, failed adoption, failed
surrogacy or unsuccessful assisted reproduction. Reproductive loss leave time in excess of 20 days
within a 12-month period will require additional Department Head approval.
Twenty-four (24) hours of the paid absence shall be considered "bereavement leave", and any
remaining time shall be from other paid time off available to the employee. However, the
employee may not use more than forty (40) hours of accrued sick leave for bereavement purposes.
Bereavement leave longer than forty (40) hours will require Department Head approval.
Twenty-four (24) hours of the paid absence shall be considered "bereavement leave", and any
remaining time shall be from other paid time off available to the employee.
6/11/24 | Item A3 | Attachment 1
Page 45 of 244
APA MOU 20241-20274 Page 27
When an employee has exhausted the bereavement leave provided in this section, the employee
may submit a request to his/her Department Head and request additional time off work. If
approved, the employee must use their other accrued paid leave. The employee may elect which
accrued paid leave he/she shall use during the additional leave. However, the employee may not
use more than forty (40) hours of accrued sick leave for bereavement purposes. If the additional
leave approved by the Department Head is longer than forty (40) hours, the employee is required
to use accrued paid leave other than sick leave.
SECTION 4.9 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State and Federal law. All
employees entitled to military leave shall give the appointing power an opportunity within the
limits of military regulations to determine when such leave shall be taken.
SECTION 4.10 OUT-OF-CLASS PAY
Employees who are assigned to work out of class for fifteen (15) or more consecutive days shall
receive five percent (5%) of current base salary in addition to regular salary in accordance with
Personnel System Rules Section 4.10.
SECTION 4.11 CANINE HANDLER PAY
The time spent by a canine handler in the care, grooming and feeding of his/her assigned police
dog shall be hours worked payable at the time and one-half overtime rate per hour of the handler.
It is agreed that canine handlers normally spend 7 hours per biweekly pay period performing such
work and written authorization from the Police Chief must be obtained to perform such work for
more than 7 hours. Such hours worked shall not be interpreted to be (1) shift extension, (2)
callback to work, or (3) scheduled work performed in excess of the regular shift for overtime
purposes.
SECTION 4.12 FIELD TRAINING OFFICER INCENTIVE PAY
a. Police Officers assigned to act in the capacity of Field Training Officer shall be compensated
at the rate of $.871.74 per hour, not to exceed $150300.00 per month. Compensation shall be
provided only for hours actually spent serving in the capacity of Field Training Officer.
b. Public Safety Dispatchers assigned to act as a trainer of a newly hired employee shall be
compensated at the rate of $.81.747 per hour not to exceed $150300.00 per month.
Compensation shall be paid only for hours actually spent serving in the capacity of a trainer.
c. Compensation shall be provided only when the Chief of Police or designee has specifically
authorized the assignment.
SECTION 4.13 ACTING WATCH COMMANDER PAY
a. Each Police Officer assigned as Acting Watch Commander will receive $12.00 per hour for
6/11/24 | Item A3 | Attachment 1
Page 46 of 244
APA MOU 20241-20274 Page 28
each hour worked in the capacity of Acting Watch Commander as compensation for additional
responsibility.
SECTION 4.14 BILINGUAL PAY
The City shall pay an additional 2.5% of salary to those employees who are able to speak one of the
top two non-English languages as defined by the U.S. Census. A testing mechanism mutually agreed
to by both parties will be created to assess language abilities before qualifying for the incentive.
SECTION 4.15 LONGEVITY EXCLUSIVELY AS SECTION 457 CONTRIBUTION
a. For those active employees that have attained 10 years of continuous full time employment,
the City, consistent with sections (b) through (f) below, shall deposit funds into a separate
deferred compensation plan Section 457 account for each employee in the following
amounts:the amount of $100 per year for each whole year of continuous full time
employment with the City.
i. Fiscal Year 2021-2022: $50 for each whole year of continuous full-time
employment with the City
ii. After July 1, 2022: $100 per year for each whole year of continuous full-time
employment with the City
b. Only employees who have received an overall rating of “satisfactory” or better on their last
evaluation on file will be eligible for the longevity 457 contribution.
c. Whole years of full time employment shall be determined on September 1st of each year
for each active employee.
d. Fractions of a year will be rounded down to the nearest whole year.
e. For Fiscal Year 2021-2022, deposit into the deferred compensation account shall be made
in one lump sum no later than 60 days after execution of this MOU. Thereafter, dDeposit
into the deferred compensation account shall be made in one lump sum annually no later
than the second pay period in September.
f. Based on title 2 of the California Code of Regulations Section 571, the annual City deferred
contribution for longevity into the separate deferred compensation plan, will not be
considered special compensation, will not be reported to CalPERS as compensation and
will not be considered as compensation when calculating an employee’s retirement
benefits. In the event that CalPERS at some time in the future determines that the longevity
Section 457 Contribution meets the definition of “Special Compensation”, both parties
agree to reopen negotiations related to the financial impacts and implementation of this
issue.
SECTION 4.16 POLICE RECRUIT ACADEMY HOUSING REIMBURSEMENT
a. If required by the City of Atascadero to attend a POST Academy over 60 miles distance
from their place of residence, Police Recruits will receive a housing reimbursement, not
to exceed $600 per month for the duration of their participation in the POST
Academy. Police Officer Recruits will be required to submit proof of housing/rental
6/11/24 | Item A3 | Attachment 1
Page 47 of 244
APA MOU 20241-20274 Page 29
agreement in order to receive reimbursement. Reimbursement eligibility will cease upon
completion or termination from the POST Academy.
b. Employee shall be responsible for any applicable federal, state or local taxes.
c. Based on title 2 of the California Code of Regulations Section 571, the housing
reimbursement, will not be considered “Special Compensation”, will not be reported to
CalPERS as compensation and will not be considered as compensation when calculating
an employee’s retirement benefits. In the event that CalPERS at some time in the future
determines that the housing reimbursement meets the definition of “Special
Compensation”, both parties agree to reopen negotiations related to the financial impacts
and implementation of this issue.
ARTICLE V - HEALTH AND WELFARE
SECTION 5.1 HEALTH INSURANCE COVERAGE
a. For unit members who elect to have “Family” coverage, the City shall pay an amount not to
exceed $2,230.552,035.57 per month for employees electing Family coverage. The City
contribution shall go toward the cost of all medical, dental, vision and life insurance benefit
premiums for the unit member employee and dependents. City shall pay for increased costs to
medical, dental, vision and life insurance premiums for the employee and fifty percent (50%)
of increased costs for dependents based upon HMO plan costs.
b. For unit members who elect to have ‘Employee +1” coverage, the City shall pay an amount
not to exceed $exceed $1,570.331,513.88 per month for employees electing Employee +1
coverage. The City contribution shall go toward the cost of all medical, dental, vision and life
insurance benefit premiums for the unit member employee and dependent. City shall pay for
increased costs to medical, dental, vision and life insurance premiums for the employee and
fifty percent (50%) of increased costs for the dependent based upon HMO plan costs.
c. For unit members who elect to have “Employee Only” coverage, the City shall pay an amount
not to exceed $1,076.83 $933.18 per month for employees electing Employee Only coverage.
The City contribution shall go toward the cost of all medical, dental, vision and life insurance
benefit premiums for the unit member employee. City shall pay for increased costs to medical,
dental, vision and life insurance premiums for the employee based upon HMO plan costs.
For unit members who elect to have “Employee Only” coverage, available funds remaining
from the City’s contribution toward insurance coverage shall be paid to an employee hired on
or before September 1, 2000 as additional compensation. This amount shall not exceed
$240.56 per month.
d. The City shall provide term life insurance coverage for each employee in a total amount of
fifty thousand dollars ($50,000).
e. The City shall provide a term life insurance policy for each eligible dependent enrolled in
health coverage in a total amount of one thousand dollars ($1,000) per dependent during the
term of this agreement.
6/11/24 | Item A3 | Attachment 1
Page 48 of 244
APA MOU 20241-20274 Page 30
f. The Medical Insurance Committee may recommend changes in the level of service and service
providers to the City during the term of the agreement. Each recognized bargaining unit shall
have a representative on the committee, and management will have one representative.
g. The City shall make available to employees covered by this MOU a Flexible Benefit Plan, in
compliance with applicable Internal Revenue Code provisions. The plan will enable an
employee, on a voluntary basis, to cover additional out of pocket premium expenses for
insurance through pre-tax payroll dollars.
h. State Disability Insurance – The City has provided State Disability Insurance as a payroll
deduction of each employee.
SECTION 5.2 ANNUAL COUNSELING
The City agrees to provide up to four (4) counseling appointments each fiscal year for members of
the Association that choose to see a counselor/psychologist. This program is voluntary and
employees will participate on their own time without compensation from the City. The counselor
or psychologist must be licensed and under contract with the City. At the request of the
Association, the City will consider contracting with additional specific counselors/psychologists.
SECTION 5.3 UNIFORM/SAFETY EQUIPMENT ALLOWANCE
The purpose of the uniform allowance is for the purchase, replacement, maintenance, and
cleaning of uniform clothing.
a. The City shall provide an annual uniform allowance of one thousand two hundred dollars
($1,0200) for employees who hold the following positions: Police Officer, Police Corporal,
Police Sergeant, Community Services Officer, and Senior Property Evidence Specialist. and
Code Enforcement Officer.
a.
b. The City will make an upfront lump sum payment of the current fiscal year’s uniform
allowance no later than the second pay day in July for employees who hold the following
positions: Police Officer, Police Corporal, Police Sergeant, Community Services Officer, and
Senior Property Evidence Specialist. and Code Enforcement Officer.
c. For employees who hold the following positions: Police Officer, Police Corporal, Police
Sergeant, Community Services Officer, and Senior Property Evidence Specialist. and Code
Enforcement Officer - upon initial hire the employee will receive a prorated amount based
upon the number of days remaining until July 1. The City would at the same time advance the
new employee an amount that when added to his initial uniform allowance would equal the
annual uniform allowance. The amount advanced upon hire would then be deducted from the
employee’s first full uniform allowance check, the following July. (Example: If, in fiscal year
20214/20225 an employee worked six months in the first fiscal year, he/she would receive
$12900 in that first year and $550 600 in the second fiscal year. ($1,0200 20225/20236 uniform
allowance less repayment of ½ of 20214/20225 uniform allowance advanced to the employee
upon hire) All subsequent years the employee would receive the full $1,0001,200 until
separation from the City.)
6/11/24 | Item A3 | Attachment 1
Page 49 of 244
APA MOU 20241-20274 Page 31
d. When a Community Services Officer, Senior Property Evidence Specialist, Code Enforcement
Officer Police Officer, Police Corporal or Police Sergeant separates from the City, the Uniform
Allowance will be prorated based upon the number of days employed in the then current fiscal
year and any amounts owed to the City will be deducted from his/her final check.
e. Uniforms damaged on duty shall be replaced as prorated by the Police Chief. Employees are
required to seek reimbursement through the courts with all practical diligence.
f. The City shall reimburse up to Ttwo- hHundred fifty ($2050.00) Dollars per fiscal year for the
purchase of eligible uniform items to employees in the following positions:
• Lead Records Technician,
• Public Safety Dispatcher,
• Public Safety Lead Dispatcher
Eligible uniform items include Civilian Uniform Shirts, Civilian Uniform Pants, and Non-
Uniform Polo Shirts as approved by the uniform committee and the City Manager. In no instance
will the City reimburse employees for clothing that may be worn outside of the Atascadero Police
Department work environment.
Proof of purchase is required. Once purchased, such appropriate uniform must be worn while
working.
g. The City shall make available to Police Officers, Police Corporals and Police Sergeants a
bulletproof vest. Employees requesting a vest shall certify that they will wear the vest at all
times, except in extreme climatic conditions. Vests shall be replaced or refurbished each 4 or
5 years as manufacturer’s specifications dictate. Employees already owning a vest shall
continue to use them until repair or refurbishment becomes necessary, as determined by the
Chief of Police.
h. The following additional safety equipment shall be provided to all Police Officers, Police
Corporals and Police Sergeants by the City:
▪ Service weapon
▪ Baton
▪ Duty belt with holster, keeper straps, handcuff case, chemical mace pouch, key ring,
baton ring, ammunition pouch, radio holder
▪ Helmet with face shield
▪ Rain garment: The City shall comply with the requirements of CAL/OSHA as it relates
to providing rain gear including rain boots
i. All City equipment shall be returned to the City upon the employee leaving such service.
j. The City will purchase the following items required by the Police Academy for employees in
the classification of Police Officer Recruit:
▪ Academy T-shirt
▪ Academy Sweatshirt
▪ Academy Running Shorts
6/11/24 | Item A3 | Attachment 1
Page 50 of 244
APA MOU 20241-20274 Page 32
▪ Dark Blue Polo Shirt or other shirt as required by the Police Academy.
The total annual monetary value of the uniforms in this subsection (j) is not to exceed $250.00
per employee.
In addition to the items listed above, the City may provide additional safety equipment as listed
in Section 5.2(h) at the discretion of the Police Chief.
SECTION 5.4 PROBATION
The length of the probationary period for employees covered under this MOU shall be in accordance
with Rule 9 of July 2012 City of Atascadero Personnel System Rules. Each original and promotional
appointment made to a position in the competitive service shall be subject to a probationary period.
The length of the original and promotional probationary period shall each be at least 12 month of
service in the position for all employees. At the discretion of the Department Head and with the
approval of the City Manager, the probationary period may be extended for a maximum of six
additional months when the Department Head has determined that the employee has not yet
successfully completed his/her probationary period.
ARTICLE VI – OTHER
SECTION 6.1 CELL PHONE REIMBURSEMENTS
The City agrees to reimburse each full-time employee a flat rate of ten dollars ($10.00) per month
for the use of their personal cell phone for City business. This amount will be paid once per year
in a lump sum amount. Where applicable, the months will be pro-rated.
SECTION 6.2 JOINT COMMITMENT TO FAIR AND REASONABLE CHANGES TO
THE CALPERS SYSTEM
The interests of the City and the Association are generally aligned: both seek fair and reasonable
changes to the CalPERS system to ensure long-term sustainability of the system. Needed State-
level changes acceptable to both executive management and City labor groups are most likely to
be initiated by CalPERS member agencies and labor, working collaboratively.
City and the Association hereby jointly commit to:
• Request state-level membership organizations (e.g., the League of California Cities, state-
wide labor affiliates) to alert and engage members, to make this issue a priority, and
encourage committing to a set of collaborative solutions;
• Encourage, educate, and engage peers (e.g., other cities, other labor groups) to make this
issue a priority and to lend their voice to our request to state-level membership
organizations;
• Jointly analyze options with an open mind as to potential solutions; and
• Other potential collaborative efforts as they arise.
SECTION 6.3 NO CHANGE TO CALPERS EMPLOYEE CONTRIBUTION
6/11/24 | Item A3 | Attachment 1
Page 51 of 244
APA MOU 20241-20274 Page 33
PEPRA provides that beginning in 2018 an employer may require employees to pay fifty percent
(50%) of the total annual normal cost up to an eight percent (8%) contribution rate for
miscellaneous employees, and an eleven percent (11%) or twelve percent (12%) contribution rate
for safety employees. PEPRA does not require an employer to implement this change but, the
employer may do so once the employer has completed the good faith bargaining process as
required by law, including any impasse procedures requiring mediation and fact finding. The City
agrees that through June 30, 20247, the City will not unilaterally ask Tier 1 employees and Tier 2
employees to increase their contribution to CalPERS. Employee contributions to CalPERS (for
Tier 1 and Tier 2 employees) may be increased in 20247 upon mutual agreement of the Association
and the City.
ARTICLE VII - CLOSING PROVISIONS
SECTION 7.1 TERM
The term of this MOU shall commence on July 1, 20214, and expire on June 30, 20274.
SECTION 7.2 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendation of the following
representatives:
____________________ __________ ____________________ _________
APA Date APA Date
CITY OF ATASCADERO
____________________ __________ _____________________ __________
Mayor Date City Manager Date
6/11/24 | Item A3 | Attachment 1
Page 52 of 244
Firefighters’ MOU 20241-20274 Page 1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ATASCADERO PROFESSIONAL FIREFIGHTERS
LOCAL 3600
AND
CITY OF ATASCADERO
JULY 1, 20214 – June 30, 202724
6/11/24 | Item A3 | Attachment 2
Page 53 of 244
Firefighters’ MOU 20241-20274 Page 2
ARTICLE I - GENERAL PROVISIONS
SECTION 1.1 PREAMBLE
This Memorandum of Understanding is made and entered into between the City of Atascadero,
hereinafter referred to as the “City” and the Atascadero Professional Firefighters Local 3600,
hereinafter referred to as the “Association” pursuant to California Government Code Section 3500,
et seq. and the City's Employer - Employee Relations Policy. The purpose of this Memorandum
of Understanding (MOU) is the establishment of wages, hours and other terms and conditions of
employment.
The City and Association agree that the provisions of this MOU shall be applied equally to all
employees covered herein without favor or discrimination because of race, creed, color, sex, age,
national origin, political or religious affiliations or association memberships. Whenever the
masculine gender is used in this MOU, it shall be understood to include the feminine gender.
SECTION 1.2 RECOGNITION
a. The City of Atascadero recognizes the Association as the recognized and exclusive
representative for the following positions:
Firefighter Classification
• Firefighter
• Firefighter/ Specialist I
• Firefighter/ Specialist II
• Firefighter/ FEO
• Firefighter/ FEO/ Specialist I
• Firefighter/ FEO/ Specialist II
• Firefighter/ Paramedic
• Firefighter/ Paramedic/ Specialist I
• Firefighter/ Paramedic/Specialist II
• Firefighter/ FEO/ Paramedic
• Firefighter/ FEO/ Paramedic/ Specialist I
• Firefighter/ FEO/ Paramedic/Specialist II
Fire Engineer Classification
• Fire Engineer
• Fire Engineer/ Specialist I
• Fire Engineer/ Specialist II
• Fire Engineer/ OIC
• Fire Engineer/ OIC/ Specialist I
• Fire Engineer/ OIC/ Specialist II
• Fire Engineer/ Paramedic
• Fire Engineer/ Paramedic/ Specialist I
• Fire Engineer/ Paramedic/ Specialist II
• Fire Engineer/ OIC/ Paramedic
6/11/24 | Item A3 | Attachment 2
Page 54 of 244
Firefighters’ MOU 20241-20274 Page 3
• Fire Engineer/ OIC/ Paramedic/ Specialist I
• Fire Engineer/ OIC/ Paramedic/ Specialist II
Fire Captain Classification
• Fire Captain
• Fire Captain/ Specialist I
• Fire Captain/Specialist II
• Fire Captain/Paramedic
• Fire Captain/Paramedic/ Specialist I
• Fire Captain/Paramedic/ Specialist II
For purposes of this MOU, positions with a FEO, OIC, Paramedic and/or Specialist designation
are hereinafter included in any reference to Firefighter, Fire Engineer, and Fire Captain.
b. This recognition is exclusive of management employees and temporary employees.
c. The City agrees to meet and confer and otherwise deal exclusively with the Association on all
matters relating to the scope of representation under the Meyers-Milias-Brown Act
(Government Code Section 3500, et seq.), and as provided under the City's Employer-
Employee Relations Policy.
SECTION 1.3 SEVERANCE
a. If any provision of the Agreement should be found invalid, unconstitutional, unlawful, or
unenforceable by reason of any existing or subsequently enacted constitutional or legislative
provision shall be severed, and all other provisions of the Agreement shall remain in full force
and effect for the duration of the Agreement.
b. In the event that any provision of the MOU should be found invalid, unconstitutional, unlawful
or unenforceable, the City and the Association agree to meet and confer in a timely manner in
an attempt to negotiate a substitute provision. Such negotiations shall apply only to the severed
provision of the Agreement and shall not in any way modify or impact the remaining provisions
of the existing MOU.
SECTION 1.4 SOLE AGREEMENT
a. The City and the Association agree that to the extent that any provision addressing wages,
hours, and terms and conditions of employment negotiable under the Meyers-Milias-Brown
Act found outside this MOU and are in conflict thereof, this MOU shall prevail.
b. If, during the term of the MOU, the parties should mutually agree to modify, amend, or alter
the provisions of this MOU in any respect, any such change shall be effective only if and when
reduced to writing and executed by the authorized representatives of the City and the
Association. Any such changes validly made shall become part of this MOU and subject to its
terms.
6/11/24 | Item A3 | Attachment 2
Page 55 of 244
Firefighters’ MOU 20241-20274 Page 4
SECTION 1.5 FULL FORCE AND EFFECT
a. All wages, hours, and terms and conditions of employment that are negotiable subjects of
bargaining under the Meyers-Milias-Brown Act, including those set in this MOU, shall remain
in full force and effect during the term of this MOU unless changed by mutual agreement.
b. The City will abide by the Meyers-Milias-Brown Act where and when it applies to the
Association.
ARTICLE II - RESPECTIVE RIGHTS
SECTION 2.1 ASSOCIATION RIGHTS
The Association shall have the following rights and responsibilities:
a. Reasonable advance notice of any City ordinance, rule, resolution, or regulation directly
relating to matters within the scope of representation proposed to be adopted by the City
Council.
b. Reasonable use of one bulletin board at all Fire Department stations.
c. The right to payroll deductions made for payments or organization dues and for City approved
programs.
d. The use of City facilities for regular, normal and lawful Association activities, providing that
approval of the City Manager or his/her designee has been obtained.
e. Reasonable access to employee work locations for officers of the Association and their
officially designated representatives for the purpose of processing grievances or contacting
members of the organization concerning business within the scope of representation. Access
shall be restricted so as not to interfere with the normal operations of any department or with
established safety or security requirements.
SECTION 2.2 CITY RIGHTS
a. The authority of the City includes, but is not limited to, the exclusive right to determine the
standards of service; determine the procedures and standards of selection for employment and
promotion; direct its employees; take disciplinary action for "just cause"; relieve its employees
from duty because of lack of work or for other legitimate reason; maintain the efficiency of
governmental operations; determine the methods, staffing and personnel by which
governmental operations are to be conducted; determine the content of job classifications; take
all necessary actions to carry out its mission in emergencies; exercise complete control and
discretion over its organizations and the technology of performing its work provided, however,
that the exercise and retention of such rights does not preclude employees or their
representatives from consulting or raising grievances over the consequences or impact that
decisions on these matters may have on wage, hours and other terms of employment.
6/11/24 | Item A3 | Attachment 2
Page 56 of 244
Firefighters’ MOU 20241-20274 Page 5
SECTION 2.3 PEACEFUL PERFORMANCE
a. The parties to this MOU recognize and acknowledge that the services performed by the City
employees covered by this Agreement are essential to the public health, safety and general
welfare of the residents of the City of Atascadero. Association agrees that under no
circumstances will the Association recommend, encourage, cause or promote its members to
initiate, participate in, nor will any member of the bargaining unit take part in, any strike, sit-
down, stay-in, sick-out, slow-down, or picketing (hereinafter collectively referred to as ”work-
stoppage”) in any office or department of the City, nor to curtail any work or restrict any
production, or interfere with any operation of the City. In the event of any such work stoppage
by any member of the bargaining unit, the City shall not be required to negotiate on the merits
of any dispute which may have risen to such work stoppage until said work stoppage has
ceased.
b. In the event of any work stoppage, during the term of this MOU, whether by the Association
or by any member of the bargaining unit, the Association by its officers, shall immediately
declare in writing and publicize that such work stoppage is illegal and unauthorized, and further
direct its members in writing to cease the said conduct and resume work. Copies of such
written notices shall be served upon the City. If, in the event of any work stoppage, the
Association promptly and in good faith performs the obligations of this paragraph, and
providing the Association has not otherwise authorized, permitted or encouraged such work
stoppage, the Association shall not be liable for any damages caused by the violation of this
provision. However, the City shall have the right to discipline, up to and including discharge,
any employee who instigates, participates in, or gives leadership to, any work stoppage activity
herein prohibited, and the City shall also have the right to seek full legal redress, including
damages, against any such employees.
ARTICLE III - - HOURS OF WORK AND OVERTIME
SECTION 3.1 HOURS OF WORK
a. Work Period
The normal work period, pursuant to Section 207 (k) of the Fair Labor Standards Act, shall be
twenty-eight (28) days for all full-time permanent sworn safety positions. All hours worked in
excess of the employee’s regularly recurring work schedule shall be paid at the overtime rate
of one and one-half of the employee’s regular rate of pay.
b. Definition of Shift Employees
Shift employees are assigned to positions which duties are performed on a twenty-four (24)
hour day, seven (7) days a week basis, and include:
• Firefighter
• Fire Engineer
• Fire Captain
6/11/24 | Item A3 | Attachment 2
Page 57 of 244
Firefighters’ MOU 20241-20274 Page 6
SECTION 3.2 OVERTIME
a. Rate
Employees shall be paid overtime at the rate of time and one-half his/her regular rate of pay.
b. Hours Paid
Paid time off shall be considered time worked for overtime purposes.
c. Compensatory Time (CT)
Notwithstanding the provisions of this section, employees may be granted CT for overtime
credit computed at time and one-half at the mutual convenience of the Fire Department and the
employee. Employees may accumulate up to six (6) shifts (144 hours) of Compensatory Time.
d. Scheduling Compensatory Time Off (CT)
Requests to use CT shall be granted with due regard for operational necessity such as staffing
levels.
e. Compensatory Time (CT) Payoff
CT may be paid off at the option of the employee. The payoff shall be included in the next
regularly scheduled bi-weekly payroll period following the request.
SECTION 3.3 CALLBACK PAY
Employees who are called to duty at a time they are not working shall be compensated a minimum
compensation of two (2) hours at time and one-half rate of pay.
SECTION 3.4 STANDBY TIME
a. Employees assigned standby duty shall receive twenty-five dollars ($25.00) for each day of
standby duty. A day is defined as a 24-hour period.
b. Employees responding to work from standby shall receive time and one-half pay with a
minimum of one hour and twenty minutes once called back. Employees responding to work
as a result of an emergency callback request shall receive time and one-half pay with a
minimum of two hours pay.
c. Employees on standby status shall monitor both radio and alpha numeric pages at all times;
and be able to respond to the predetermined duty assignment within twenty minutes from the
time of notification.
SECTION 3.5 ON THE JOB MEDICAL TREATMENT
Employees shall make reasonable efforts to schedule all medical treatment related to the on-the-
job injuries during non-scheduled work hours. For medical treatment related to on-the-job
injuries scheduled during work hours, the employee shall be required to use sick leave or other
paid leave time to cover any time absent from the scheduled work except in the following
circumstances:
• When required to be paid 4850 time in accordance with workers compensation law; or
6/11/24 | Item A3 | Attachment 2
Page 58 of 244
Firefighters’ MOU 20241-20274 Page 7
• When working a light duty shift, such that scheduling medical treatment during non-
scheduled work hours is not practical (i.e. Monday through Friday 40/hr. week), absences
related to medical treatment for on-the-job injuries that are required during scheduled
work hours shall be paid time; or
• When an employee is required, by a supervisor or by the Human Resources Official, to
receive medical treatment or evaluation during scheduled work hours, that time shall be
paid time.
Medical appointments during normal scheduled work hours should be coordinated with the
employee’s supervisor so the best interests of the department are maintained.
Any paid time for an absence related to medical treatment related to an on-the-job injury should
be noted on the employee’s time card. At no point will the employee be compensated for
medical appointments that are not during his/her normal work shift; nor will employees receive
overtime for attending medical appointments.
ARTICLE IV - PAY PROVISIONS
SECTION 4.1 SALARY
This three (3) year agreement shall provide salary increases according to the following formula
and schedule:
6/11/24 | Item A3 | Attachment 2
Page 59 of 244
Firefighters’ MOU 20241-20274 Page 8
Year 1- Effective July 1, 20241 all employees covered under this MOU shall receive a 52.0% (five
two point zero percent) salary increase to base pay. The following monthly salaries become
effective July 1, 20241:
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Firefighter 5,782.50 6,071.63 6,375.21 6,693.97 7,028.67
Firefighter Specialist I 5,840.33 6,132.35 6,438.97 6,760.92 7,098.97
Firefighter Specialist II 5,898.15 6,193.06 6,502.71 6,827.85 7,169.24
Firefighter/FEO 5,898.15 6,193.06 6,502.71 6,827.85 7,169.24
Firefighter/FEO/Specialist I 5,955.98 6,253.78 6,566.47 6,894.79 7,239.53
Firefighter/FEO/Specialist II 6,013.80 6,314.49 6,630.21 6,961.72 7,309.81
Firefighter/Paramedic 6,360.75 6,678.79 7,012.73 7,363.37 7,731.54
Firefighter/Paramedic/Specialist I 6,418.58 6,739.51 7,076.49 7,430.31 7,801.83
Firefighter/Paramedic/Specialist II 6,476.40 6,800.22 7,140.23 7,497.24 7,872.10
Firefighter/Paramedic/FEO 6,476.40 6,800.22 7,140.23 7,497.24 7,872.10
Firefighter/Paramedic/FEO/Specialist I 6,534.23 6,860.94 7,203.99 7,564.19 7,942.40
Firefighter/Paramedic/FEO/Specialist II 6,592.05 6,921.65 7,267.73 7,631.12 8,012.68
Fire Engineer 6,223.41 6,534.58 6,861.31 7,204.38 7,564.60
Fire Engineer Specialist I 6,285.64 6,599.92 6,929.92 7,276.42 7,640.24
Fire Engineer Specialist II 6,347.88 6,665.27 6,998.53 7,348.46 7,715.88
Fire Engineer/OIC 6,347.88 6,665.27 6,998.53 7,348.46 7,715.88
Fire Engineer/OIC/Specialist I 6,410.11 6,730.62 7,067.15 7,420.51 7,791.54
Fire Engineer/OIC/Specialist II 6,472.35 6,795.97 7,135.77 7,492.56 7,867.19
Fire Engineer/Paramedic 6,845.75 7,188.04 7,547.44 7,924.81 8,321.05
Fire Engineer/Paramedic/Specialist I 6,907.99 7,253.39 7,616.06 7,996.86 8,396.70
Fire Engineer/Paramedic/Specialist II 6,970.22 7,318.73 7,684.67 8,068.90 8,472.35
Fire Engineer/Paramedic/OIC 6,970.22 7,318.73 7,684.67 8,068.90 8,472.35
Fire Engineer/Paramedic/OIC/Specialist I 7,032.45 7,384.07 7,753.27 8,140.93 8,547.98
Fire Engineer/Paramedic/OIC/Specialist II 7,094.69 7,449.42 7,821.89 8,212.98 8,623.63
Fire Captain 7,380.10 7,749.11 8,136.57 8,543.40 8,970.57
Fire Captain Specialist I 7,453.90 7,826.60 8,217.93 8,628.83 9,060.27
FireCaptain Specialist II 7,527.70 7,904.09 8,299.29 8,714.25 9,149.96
Fire Captain/Paramedic 8,118.11 8,524.02 8,950.22 9,397.73 9,867.62
Fire Captain/Paramedic/Specialist I 8,191.91 8,601.51 9,031.59 9,483.17 9,957.33
Fire Captain/Paramedic/Specialist II 8,265.71 8,679.00 9,112.95 9,568.60 10,047.03
MONTHLY SALARY
Effective July 1, 2021
6/11/24 | Item A3 | Attachment 2
Page 60 of 244
Firefighters’ MOU 20241-20274 Page 9
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Fire Captain 8,337.68 8,754.56 9,192.29 9,651.90 10,134.50
Fire Captain Specialist I 8,504.43 8,929.65 9,376.13 9,844.94 10,337.19
Fire Captain/Paramedic 9,338.20 9,805.11 10,295.37 10,810.14 11,350.65
Fire Captain/Paramedic/Specialist I 9,504.96 9,980.21 10,479.22 11,003.18 11,553.34
Fire Captain/Paramedic/Specialist II 9,671.71 10,155.30 10,663.07 11,196.22 11,756.03
Fire Engineer 7,030.93 7,382.48 7,751.60 8,139.18 8,546.14
Fire Engineer Specialist I 7,171.55 7,530.13 7,906.64 8,301.97 8,717.07
Fire Engineer Specialist II 7,312.17 7,677.78 8,061.67 8,464.75 8,887.99
Fire Engineer/OIC 7,171.55 7,530.13 7,906.64 8,301.97 8,717.07
Fire Engineer/OIC/Specialist I 7,312.17 7,677.78 8,061.67 8,464.75 8,887.99
Fire Engineer/OIC/Specialist II 7,452.79 7,825.43 8,216.70 8,627.54 9,058.92
Fire Engineer/Paramedic 7,874.64 8,268.37 8,681.79 9,115.88 9,571.67
Fire Engineer/Paramedic/OIC 8,015.26 8,416.02 8,836.82 9,278.66 9,742.59
Fire Engineer/Paramedic/OIC/Specialist I 8,155.88 8,563.67 8,991.85 9,441.44 9,913.51
Fire Engineer/Paramedic/OIC/Specialist II 8,296.50 8,711.33 9,146.90 9,604.25 10,084.46
Fire Engineer/Paramedic/Specialist I 8,015.26 8,416.02 8,836.82 9,278.66 9,742.59
Fire Engineer/Paramedic/Specialist II 8,155.88 8,563.67 8,991.85 9,441.44 9,913.51
FireCaptain Specialist II 8,671.19 9,104.75 9,559.99 10,037.99 10,539.89
Firefighter 6,532.79 6,859.43 7,202.40 7,562.52 7,940.65
Firefighter Specialist I 6,663.45 6,996.62 7,346.45 7,713.77 8,099.46
Firefighter Specialist II 6,794.10 7,133.81 7,490.50 7,865.03 8,258.28
Firefighter/FEO 6,663.45 6,996.62 7,346.45 7,713.77 8,099.46
Firefighter/FEO/Specialist I 6,794.10 7,133.81 7,490.50 7,865.03 8,258.28
Firefighter/FEO/Specialist II 6,924.76 7,271.00 7,634.55 8,016.28 8,417.09
Firefighter/Paramedic 7,316.72 7,682.56 8,066.69 8,470.02 8,893.52
Firefighter/Paramedic/FEO 7,447.38 7,819.75 8,210.74 8,621.28 9,052.34
Firefighter/Paramedic/FEO/Specialist I 7,578.04 7,956.94 8,354.79 8,772.53 9,211.16
Firefighter/Paramedic/FEO/Specialist II 7,708.69 8,094.12 8,498.83 8,923.77 9,369.96
Firefighter/Paramedic/Specialist I 7,447.38 7,819.75 8,210.74 8,621.28 9,052.34
Firefighter/Paramedic/Specialist II 7,578.04 7,956.94 8,354.79 8,772.53 9,211.16
MONTHLY SALARY
Effective July 1, 2024
6/11/24 | Item A3 | Attachment 2
Page 61 of 244
Firefighters’ MOU 20241-20274 Page 10
Year 2 - Effective July 1, 20252, all positions covered under this MOU shall receive a 43.0% (four
three point zero percent) salary increase to base pay. The following monthly salaries become
effective July 1, 20252:
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Firefighter 6,013.80 6,314.49 6,630.21 6,961.72 7,309.81
Firefighter Specialist I 6,073.94 6,377.64 6,696.52 7,031.35 7,382.92
Firefighter Specialist II 6,134.08 6,440.78 6,762.82 7,100.96 7,456.01
Firefighter/FEO 6,134.08 6,440.78 6,762.82 7,100.96 7,456.01
Firefighter/FEO/Specialist I 6,194.21 6,503.92 6,829.12 7,170.58 7,529.11
Firefighter/FEO/Specialist II 6,254.35 6,567.07 6,895.42 7,240.19 7,602.20
Firefighter/Paramedic 6,615.18 6,945.94 7,293.24 7,657.90 8,040.80
Firefighter/Paramedic/Specialist I 6,675.32 7,009.09 7,359.54 7,727.52 8,113.90
Firefighter/Paramedic/Specialist II 6,735.46 7,072.23 7,425.84 7,797.13 8,186.99
Firefighter/Paramedic/FEO 6,735.46 7,072.23 7,425.84 7,797.13 8,186.99
Firefighter/Paramedic/FEO/Specialist I 6,795.59 7,135.37 7,492.14 7,866.75 8,260.09
Firefighter/Paramedic/FEO/Specialist II 6,855.73 7,198.52 7,558.45 7,936.37 8,333.19
Fire Engineer 6,472.36 6,795.98 7,135.78 7,492.57 7,867.20
Fire Engineer Specialist I 6,537.08 6,863.93 7,207.13 7,567.49 7,945.86
Fire Engineer Specialist II 6,601.81 6,931.90 7,278.50 7,642.43 8,024.55
Fire Engineer/OIC 6,601.81 6,931.90 7,278.50 7,642.43 8,024.55
Fire Engineer/OIC/Specialist I 6,666.53 6,999.86 7,349.85 7,717.34 8,103.21
Fire Engineer/OIC/Specialist II 6,731.25 7,067.81 7,421.20 7,792.26 8,181.87
Fire Engineer/Paramedic 7,119.60 7,475.58 7,849.36 8,241.83 8,653.92
Fire Engineer/Paramedic/Specialist I 7,184.32 7,543.54 7,920.72 8,316.76 8,732.60
Fire Engineer/Paramedic/Specialist II 7,249.04 7,611.49 7,992.06 8,391.66 8,811.24
Fire Engineer/Paramedic/OIC 7,249.04 7,611.49 7,992.06 8,391.66 8,811.24
Fire Engineer/Paramedic/OIC/Specialist I 7,313.77 7,679.46 8,063.43 8,466.60 8,889.93
Fire Engineer/Paramedic/OIC/Specialist II 7,378.49 7,747.41 8,134.78 8,541.52 8,968.60
Fire Captain 7,675.30 8,059.07 8,462.02 8,885.12 9,329.38
Fire Captain Specialist I 7,752.05 8,139.65 8,546.63 8,973.96 9,422.66
FireCaptain Specialist II 7,828.81 8,220.25 8,631.26 9,062.82 9,515.96
Fire Captain/Paramedic 8,442.83 8,864.97 9,308.22 9,773.63 10,262.31
Fire Captain/Paramedic/Specialist I 8,519.58 8,945.56 9,392.84 9,862.48 10,355.60
Fire Captain/Paramedic/Specialist II 8,596.34 9,026.16 9,477.47 9,951.34 10,448.91
MONTHLY SALARY
Effective July 1, 2022
6/11/24 | Item A3 | Attachment 2
Page 62 of 244
Firefighters’ MOU 20241-20274 Page 11
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Fire Captain 8,587.80 9,017.19 9,468.05 9,941.45 10,438.52
Fire Captain Specialist I 8,759.56 9,197.54 9,657.42 10,140.29 10,647.30
Fire Captain/Paramedic 9,618.34 10,099.26 10,604.22 11,134.43 11,691.15
Fire Captain/Paramedic/Specialist I 9,790.09 10,279.59 10,793.57 11,333.25 11,899.91
Fire Captain/Paramedic/Specialist II 9,961.85 10,459.94 10,982.94 11,532.09 12,108.69
Fire Engineer 7,241.85 7,603.94 7,984.14 8,383.35 8,802.52
Fire Engineer Specialist I 7,386.69 7,756.02 8,143.82 8,551.01 8,978.56
Fire Engineer Specialist II 7,531.52 7,908.10 8,303.51 8,718.69 9,154.62
Fire Engineer/OIC 7,386.69 7,756.02 8,143.82 8,551.01 8,978.56
Fire Engineer/OIC/Specialist I 7,531.52 7,908.10 8,303.51 8,718.69 9,154.62
Fire Engineer/OIC/Specialist II 7,676.36 8,060.18 8,463.19 8,886.35 9,330.67
Fire Engineer/Paramedic 8,110.87 8,516.41 8,942.23 9,389.34 9,858.81
Fire Engineer/Paramedic/OIC 8,255.71 8,668.50 9,101.93 9,557.03 10,034.88
Fire Engineer/Paramedic/OIC/Specialist I 8,400.55 8,820.58 9,261.61 9,724.69 10,210.92
Fire Engineer/Paramedic/OIC/Specialist II 8,545.38 8,972.65 9,421.28 9,892.34 10,386.96
Fire Engineer/Paramedic/Specialist I 8,255.71 8,668.50 9,101.93 9,557.03 10,034.88
Fire Engineer/Paramedic/Specialist II 8,400.55 8,820.58 9,261.61 9,724.69 10,210.92
FireCaptain Specialist II 8,931.31 9,377.88 9,846.77 10,339.11 10,856.07
Firefighter 6,728.77 7,065.21 7,418.47 7,789.39 8,178.86
Firefighter Specialist I 6,863.35 7,206.52 7,566.85 7,945.19 8,342.45
Firefighter Specialist II 6,997.92 7,347.82 7,715.21 8,100.97 8,506.02
Firefighter/FEO 6,863.35 7,206.52 7,566.85 7,945.19 8,342.45
Firefighter/FEO/Specialist I 6,997.92 7,347.82 7,715.21 8,100.97 8,506.02
Firefighter/FEO/Specialist II 7,132.50 7,489.13 7,863.59 8,256.77 8,669.61
Firefighter/Paramedic 7,536.22 7,913.03 8,308.68 8,724.11 9,160.32
Firefighter/Paramedic/FEO 7,670.80 8,054.34 8,457.06 8,879.91 9,323.91
Firefighter/Paramedic/FEO/Specialist I 7,805.37 8,195.64 8,605.42 9,035.69 9,487.47
Firefighter/Paramedic/FEO/Specialist II 7,939.95 8,336.95 8,753.80 9,191.49 9,651.06
Firefighter/Paramedic/Specialist I 7,670.80 8,054.34 8,457.06 8,879.91 9,323.91
Firefighter/Paramedic/Specialist II 7,805.37 8,195.64 8,605.42 9,035.69 9,487.47
Effective July 1, 2025
SALARY WORKSHEET
MONTHLY SALARY
6/11/24 | Item A3 | Attachment 2
Page 63 of 244
Firefighters’ MOU 20241-20274 Page 12
Year 3 - Effective July 1, 20263, all positions covered under this MOU shall receive a 3.05% (three
point zerofive percent) salary increase to base pay. The following monthly salaries become
effective July 1, 20263:
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Firefighter 6,224.28 6,535.49 6,862.26 7,205.37 7,565.64
Firefighter Specialist I 6,286.52 6,600.85 6,930.89 7,277.43 7,641.30
Firefighter Specialist II 6,348.77 6,666.21 6,999.52 7,349.50 7,716.98
Firefighter/FEO 6,348.77 6,666.21 6,999.52 7,349.50 7,716.98
Firefighter/FEO/Specialist I 6,411.01 6,731.56 7,068.14 7,421.55 7,792.63
Firefighter/FEO/Specialist II 6,473.25 6,796.91 7,136.76 7,493.60 7,868.28
Firefighter/Paramedic 6,846.71 7,189.05 7,548.50 7,925.93 8,322.23
Firefighter/Paramedic/Specialist I 6,908.95 7,254.40 7,617.12 7,997.98 8,397.88
Firefighter/Paramedic/Specialist II 6,971.19 7,319.75 7,685.74 8,070.03 8,473.53
Firefighter/Paramedic/FEO 6,971.19 7,319.75 7,685.74 8,070.03 8,473.53
Firefighter/Paramedic/FEO/Specialist I 7,033.44 7,385.11 7,754.37 8,142.09 8,549.19
Firefighter/Paramedic/FEO/Specialist II 7,095.68 7,450.46 7,822.98 8,214.13 8,624.84
Fire Engineer 6,698.88 7,033.82 7,385.51 7,754.79 8,142.53
Fire Engineer Specialist I 6,765.87 7,104.16 7,459.37 7,832.34 8,223.96
Fire Engineer Specialist II 6,832.86 7,174.50 7,533.23 7,909.89 8,305.38
Fire Engineer/OIC 6,832.86 7,174.50 7,533.23 7,909.89 8,305.38
Fire Engineer/OIC/Specialist I 6,899.85 7,244.84 7,607.08 7,987.43 8,386.80
Fire Engineer/OIC/Specialist II 6,966.84 7,315.18 7,680.94 8,064.99 8,468.24
Fire Engineer/Paramedic 7,368.77 7,737.21 8,124.07 8,530.27 8,956.78
Fire Engineer/Paramedic/Specialist I 7,435.76 7,807.55 8,197.93 8,607.83 9,038.22
Fire Engineer/Paramedic/Specialist II 7,502.75 7,877.89 8,271.78 8,685.37 9,119.64
Fire Engineer/Paramedic/OIC 7,502.75 7,877.89 8,271.78 8,685.37 9,119.64
Fire Engineer/Paramedic/OIC/Specialist I 7,569.73 7,948.22 8,345.63 8,762.91 9,201.06
Fire Engineer/Paramedic/OIC/Specialist II 7,636.72 8,018.56 8,419.49 8,840.46 9,282.48
Fire Captain 7,943.92 8,341.12 8,758.18 9,196.09 9,655.89
Fire Captain Specialist I 8,023.36 8,424.53 8,845.76 9,288.05 9,752.45
FireCaptain Specialist II 8,102.80 8,507.94 8,933.34 9,380.01 9,849.01
Fire Captain/Paramedic 8,738.31 9,175.23 9,633.99 10,115.69 10,621.47
Fire Captain/Paramedic/Specialist I 8,817.75 9,258.64 9,721.57 10,207.65 10,718.03
Fire Captain/Paramedic/Specialist II 8,897.19 9,342.05 9,809.15 10,299.61 10,814.59
MONTHLY SALARY
Effective July 1, 2023
6/11/24 | Item A3 | Attachment 2
Page 64 of 244
Firefighters’ MOU 20241-20274 Page 13
CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Fire Captain 8,845.43 9,287.70 9,752.09 10,239.69 10,751.67
Fire Captain Specialist I 9,022.34 9,473.46 9,947.13 10,444.49 10,966.71
Fire Captain/Paramedic 9,906.88 10,402.22 10,922.33 11,468.45 12,041.87
Fire Captain/Paramedic/Specialist I 10,083.79 10,587.98 11,117.38 11,673.25 12,256.91
Fire Captain/Paramedic/Specialist II 10,260.70 10,773.74 11,312.43 11,878.05 12,471.95
Fire Engineer 7,459.11 7,832.07 8,223.67 8,634.85 9,066.59
Fire Engineer Specialist I 7,608.29 7,988.70 8,388.14 8,807.55 9,247.93
Fire Engineer Specialist II 7,757.47 8,145.34 8,552.61 8,980.24 9,429.25
Fire Engineer/OIC 7,608.29 7,988.70 8,388.14 8,807.55 9,247.93
Fire Engineer/OIC/Specialist I 7,757.47 8,145.34 8,552.61 8,980.24 9,429.25
Fire Engineer/OIC/Specialist II 7,906.66 8,301.99 8,717.09 9,152.94 9,610.59
Fire Engineer/Paramedic 8,354.20 8,771.91 9,210.51 9,671.04 10,154.59
Fire Engineer/Paramedic/OIC 8,503.39 8,928.56 9,374.99 9,843.74 10,335.93
Fire Engineer/Paramedic/OIC/Specialist I 8,652.57 9,085.20 9,539.46 10,016.43 10,517.25
Fire Engineer/Paramedic/OIC/Specialist II 8,801.75 9,241.84 9,703.93 10,189.13 10,698.59
Fire Engineer/Paramedic/Specialist I 8,503.39 8,928.56 9,374.99 9,843.74 10,335.93
Fire Engineer/Paramedic/Specialist II 8,652.57 9,085.20 9,539.46 10,016.43 10,517.25
FireCaptain Specialist II 9,199.25 9,659.21 10,142.17 10,649.28 11,181.74
Firefighter 6,930.63 7,277.16 7,641.02 8,023.07 8,424.22
Firefighter Specialist I 7,069.24 7,422.70 7,793.84 8,183.53 8,592.71
Firefighter Specialist II 7,207.86 7,568.25 7,946.66 8,343.99 8,761.19
Firefighter/FEO 7,069.24 7,422.70 7,793.84 8,183.53 8,592.71
Firefighter/FEO/Specialist I 7,207.86 7,568.25 7,946.66 8,343.99 8,761.19
Firefighter/FEO/Specialist II 7,346.47 7,713.79 8,099.48 8,504.45 8,929.67
Firefighter/Paramedic 7,762.31 8,150.43 8,557.95 8,985.85 9,435.14
Firefighter/Paramedic/FEO 7,900.92 8,295.97 8,710.77 9,146.31 9,603.63
Firefighter/Paramedic/FEO/Specialist I 8,039.53 8,441.51 8,863.59 9,306.77 9,772.11
Firefighter/Paramedic/FEO/Specialist II 8,178.14 8,587.05 9,016.40 9,467.22 9,940.58
Firefighter/Paramedic/Specialist I 7,900.92 8,295.97 8,710.77 9,146.31 9,603.63
Firefighter/Paramedic/Specialist II 8,039.53 8,441.51 8,863.59 9,306.77 9,772.11
SALARY WORKSHEET
MONTHLY SALARY
Effective July 1, 2026
a. Steps B, C, D, and E may be paid upon completion of twelve months of employment at the
preceding step where the employee has demonstrated at least satisfactory job progress and
normally increasing productivity, and upon recommendation of the Department Head and
approval of the City Manager.
b. Employees who are trained, qualified and assigned by the Fire Chief to E.M.T. Paramedic duties
shall receive ten twelve percent (1210%) more in base salary than those positions within the same
classification without paramedic duties.
c. Employees who are assigned to Fire Equipment Operator (FEO) duty (as outlined in Section 6.4
6/11/24 | Item A3 | Attachment 2
Page 65 of 244
Firefighters’ MOU 20241-20274 Page 14
below) shall receive two percent (2%) more in base salary than those positions within the same
classification which are not appointed as FEO.
d. Employees who are assigned to Officer in Charge (OIC) duty (as outlined in Section 6.5 below)
shall receive two percent (2%) more in base salary than those positions within the same
classification which are not appointed as OIC.
e. Employees working at the request of the Fire Chief in the capacity of Fire Equipment Operator
(FEO), Officer in Charge (OIC) or Duty Officer (DO) when not assigned to that position and
where all qualifications for the position have been met, will receive the following daily stipend
while working in this capacity:
FEO Stipend - $25 per day
OIC Stipend - $50 per day
DO Stipend - $75 per day
This daily stipend is subject to City operational needs when job classification cannot be filled by
those appointed to the job classification (first priority) or during an emergency. The stipend may
be stopped or denied at the discretion of the Fire Chief.
d.f. Employees who are assigned to Specialist I duty (as outlined in Section 6.6 below) shall receive
one two percent (12%) more in base salary than those positions within the same classification
which are not appointed as a Specialist I.
e.g. Employees who are assigned to Specialist II duty (as outlined in Section 6.6 below) shall receive
two four percent (24%) more in base salary than those positions within the same classification
which are not appointed as a Specialist II.
SECTION 4.2 EDUCATION INCENTIVE PAY
Employees shall be reimbursed up to $1,600 per fiscal year for books, tuition and related
educational expenses, including hotel, mileage or travel related expenses, for attending college or
other professional training, providing the coursework is job-related and the employee received a
passing grade. All reimbursements must follow the restrictions outlined in the Purchasing Policy.
SECTION 4.3 RETIREMENT
a. Employees are provided retirement benefits through the California Public Employees
Retirement System (CalPERS).
CLASSIC MEMBERS TIER 1
Sworn Safety Member employees including Firefighters, Fire Engineers, and Fire Captains
hired on or before July 14, 2012 are provided benefits pursuant to the 3% @ 50 Benefit
Formula (Government Code Section 21362.2), Final Compensation 1 Year (G.C. Section
20042) and Unused Sick Leave Credit (G.C. Section 20965).
The City will pay 0% (zero percent) of the Sworn Safety Member employee contribution
of 9% (nine percent). Sworn Safety Member employees will pay the employee
6/11/24 | Item A3 | Attachment 2
Page 66 of 244
Firefighters’ MOU 20241-20274 Page 15
contribution of 9% (nine percent).
Sworn Safety Members shall also contribute an additional 3% (three percent) of cost
sharing toward the employer rate pursuant to Section 20516. These contributions are
credited to each member's account as normal contributions. The contributions are made
on a pre-tax basis as allowed under Internal Revenue Service Code Section 414 (h) (2) or
as otherwise permitted by law.
CLASSIC MEMBERS TIER 2
Sworn Safety Member employees including Firefighters, Fire Engineers, and Fire Captains
hired between July 14, 2012 and December 31, 2012, and Sworn Safety Member
employees hired on or after January 1, 2013 who meet the definition of a Classic Member
under CalPERS, are provided benefits pursuant to the 3% @ 55 Benefit Formula (G.C.
Section 21363.1), Final Compensation 3 Year (G.C. Section 20037) and Unused Sick
Leave Credit (G.C. Section 20965).
The City will pay 0% (zero percent) of the Sworn Safety Member employee contribution
of 9% (nine percent). Sworn Safety Member employees the employee contribution of 9%
(nine percent).
Sworn Safety Members shall also contribute an additional 3% (three percent) of cost
sharing toward the employer rate pursuant to Section 20516. These contributions are
credited to each member's account as normal contributions. The contributions are made
on a pre-tax basis as allowed under Internal Revenue Service Code Section 414 (h) (2) or
as otherwise permitted by law.
NEW MEMBERS TIER 3
Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA),
Sworn Safety Member employees including Firefighters, Fire Engineers, and Fire Captains
hired on or after January 1, 2013 who meet the definition of a CalPERS new member under
PEPRA are provided benefits pursuant to the 2.7% @ 57 Benefit Formula (G.C. Section
7522.25(d)) with Final Compensation 3 Year (G.C. Section 20037). The Sworn Safety
Member employee will pay a member contribution rate of 50% (fifty percent) of the
expected normal cost rate.
b. The CalPERS retirement for Sworn Safety Members (as defined by CalPERS) includes Level
Four (4) of the 1959 Survivor’s Benefit. The employees shall pay the monthly cost of the
benefit.
c. Qualifying employee contributions shall be contributed to CalPERS on a pre-tax basis to the
extent permitted by law.
d. The City shall provide the Military Service Credit as Public Service(Section 21024 of the
Government Code) and Military Service Credit for Retired Persons (Section 21027 of the
government Code), provided there is no direct cost to the City.
6/11/24 | Item A3 | Attachment 2
Page 67 of 244
Firefighters’ MOU 20241-20274 Page 16
SECTION 4.4 SICK LEAVE/STAY WELL PLAN
a. Unit members shall earn and use sick leave subject to the provisions of the City of Atascadero
Personnel System Rules. It is agreed that nothing herein shall be construed as providing any
vested right, monetary or otherwise, to any unused sick leave existing at time of discharge or
voluntary separation from City service, except at time of retirement in accordance with the City's
Public Employees Retirement System contract.
b. Sick leave accumulates at a rate of 5.54 hours per pay period. There is no limit to the
accumulation.
c. In any calendar year, up to 16 hours of sick leave may be used for personal reasons without
explanation. These hours are not intended as vacation time and may not be used to extend
vacations.
d. Employees with 576.16 or more hours of accumulated sick leave shall be eligible for the Stay
Well Bonus. The Stay Well Bonus will be implemented as follows:
1. The sick leave pay-off will occur during fifty-two (52) week period beginning the first day
after the second pay period in October and ending on the last day of the second pay period
in October of the following year after an employee has accumulated and maintained 576.16
hours of sick leave.
2. Once the eligibility requirements have been met, an employee may opt to receive a pay-off
equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment
is 144.04 hours).
3. Checks will be prepared by December 15 of each year.
SECTION 4.5 LONGEVITY EXCLUSIVELY AS SECTION 457 CONTRIBUTION
a. For those active employees that have attained 10 years of continuous full time employment,
the City, consistent with sections (b) through (f) below, shall deposit funds into a separate
deferred compensation plan Section 457 account for each employee in the following
amounts:
i. Fiscal Year 2021-2022: $50 for each whole year of continuous full-time
employment with the City
i. After July 1, 2022: $100 per year for each whole year of continuous full-time
employment with the City
b. Only employees who have received an overall rating of “satisfactory” or better on their last
evaluation on file will be eligible for the longevity 457 contribution.
c. Whole years of full time employment shall be determined on September 1st of each year
for each active employee.
d. Fractions of a year will be rounded down to the nearest whole year.
e. For Fiscal Year 2021-2022, deposit into the deferred compensation account shall be made
in one lump sum no later than 60 days after execution of this MOU. Thereafter, dDeposit
into the deferred compensation account shall be made in one lump sum annually no later
than the second pay period in September.
6/11/24 | Item A3 | Attachment 2
Page 68 of 244
Firefighters’ MOU 20241-20274 Page 17
f. Based on title 2 of the California Code of Regulations Section 571, the annual City deferred
contribution for longevity into the separate deferred compensation plan, will not be
considered special compensation, will not be reported to CalPERS as compensation and
will not be considered as compensation when calculating an employee’s retirement
benefits. In the event that CalPERS at some time in the future determines that the longevity
Section 457 Contribution meets the definition of “Special Compensation”, both parties
agree to reopen negotiations related to the financial impacts and implementation of this
issue.
SECTION 4.6VACATION LEAVE
a. Paid vacation leave accrues from the date of hire on a bi-weekly basis and increases after
completion of the required years of service as follows:
Years of Service Accrual Rate
Less than 3 years 5.00 shifts/yr or 4.61 hrs/pp
3 years completed 5.60 shifts/yr or 5.17 hrs/pp
5 years completed 6.53 shifts/yr or 6.03 hrs/pp
7 years completed 7.59 shifts/yr or 7.01 hrs/pp
9 years completed 8.40 shifts/yr or 7.75 hrs/pp
11 years completed 9.33 shifts/yr or 8.61 hrs/pp
15 years completed 10.26 shifts/yr or 9.47 hrs/pp
20 years completed 11.20 shifts/yr or 10.34 hrs/pp
The above schedule is based on full-time employment.
b. Employees shall be entitled to vacation leave consistent with the City Personnel System
Rules.
c. It is agreed and understood that the taking of vacation shall be as scheduled by the Fire
Chief subject to the needs of the City.
SECTION 4.7 HOLIDAYS
a. Employees shall receive five and 6/10 (5.6) shifts annually or 5.17 hours bi-weekly. Said
holidays shall be credited in accordance with procedures established by the Personnel Officer.
b. Holiday time may be used as either paid time off or paid in cash at the option of the employee
with the approval of the Fire Chief.
SECTION 4.8 BEREAVEMENT LEAVE
Employees shall be granted bereavement leave pursuant to the July 2012 City Personnel System
Rules.
The City shall provide up to twenty-four (24) hours of paid bereavement leave for non-Fire
suppression personnel or two (2) shifts of bereavement leave for Fire suppression personnel for
6/11/24 | Item A3 | Attachment 2
Page 69 of 244
Firefighters’ MOU 20241-20274 Page 18
bereavement purposes. Bereavement purposes include (1) the death of a member of the employee’s
immediate family, and (2) the critical illness of a member of the employee’s immediate family
where death appears to be imminent, and (3) reproductive loss. The amount of bereavement leave
provided under this section is twenty four (24) hours or two (2) shifts per family member.
The employee may be required to submit proof of a relative's death or critical illness before final
approval of leave is granted.
For purposes of this section, “immediate family” means: spouse or domestic partner, parent
(including biological, foster, or adoptive parent, a stepparent, or a legal guardian), grandparent,
grandchild, child (including biological, foster, or adopted child, a stepchild, a legal ward, a child
of a domestic partner, or a child of a person standing in loco parentis), brother, sister, aunt, uncle,
son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law or
significant other.
Reproductive loss includes miscarriage, stillbirth, failed adoption, failed surrogacy or unsuccessful
assisted reproduction. Reproductive loss leave time in excess of 20 days within a 12-month period
will require additional Department Head approval.
Twenty-four (24) hours for non-Fire suppression personnel or forty-eight (48) hours, two (2) shifts,
for Fire suppression personnel of the paid absence shall be considered "bereavement leave", and
any remaining time shall be from other paid time off available to the employee. However, the
employee may not use more than forty (40) hours of accrued sick leave for non-Fire suppression
personnel or forty-eight (48) hours of accrued sick leave for Fire suppression personnel for
bereavement purposes.
Bereavement leave longer than forty (40) hours for non-Fire suppression personnel and forty-eight
(48) hours for Fire suppression personnel will require Department Head approval.
Twenty-four (24) hours or two (2) shifts of the paid absence shall be considered "bereavement
leave", and any remaining time shall be from other paid time off available to the employee.
When an employee has exhausted the bereavement leave provided in this section, the employee
may submit a request to his/her Department Head and request additional time off work. If
approved, the employee must use their other accrued paid leave. The employee may elect which
accrued paid leave he/she shall use during the additional leave. However, the employee may not
use more than forty-eight (48) hours or two (2) shifts of accrued sick leave for bereavement
purposes. If the additional leave approved by the Department Head is longer than forty-eight (48)
hours or two (2) shifts, the employee is required to use accrued paid leave other than sick leave.
SECTION 4.9 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State and Federal law. All
employees entitled to military leave shall give the appointing power an opportunity within the
limits of military regulations to determine when such leave shall be taken.
6/11/24 | Item A3 | Attachment 2
Page 70 of 244
Firefighters’ MOU 20241-20274 Page 19
SECTION 4.10 COMMON MESS ARRANGMENT
Unit employees under a common mess arrangement, agree to contribute to congregate meals at
the station house in the amount required to cover the cost of those meals, irrespective of whether
the employee chooses to eat the meal.
SECTION 4.11 BILINGUAL PAY
The City shall pay an additional 2.5% of salary to those employees who are able to speak one of
the top two non-English languages as defined by the U.S. Census. A testing mechanism mutually
agreed to by both parties will be created to assess language abilities before qualifying for the
incentive.
ARTICLE V - HEALTH AND WELFARE
SECTION 5.1 HEALTH INSURANCE COVERAGE
a. Effective January 1, 20241, for unit members who elect to have “Family” coverage, the City
shall pay an amount not to exceed $2,029.342,230.55 per month for employees electing Family
coverage.. The City contribution shall go toward the cost of all medical, dental, vision and life
insurance benefit premiums for the unit member employee and dependents. City shall pay for
increased costs to medical, dental, vision and life insurance premiums for the employee and
fifty percent (50%) of increased costs for dependents based upon HMO plan costs.
b. Effective January 1, 20241 for unit members who elect to have ‘Employee +1” coverage, the
City shall pay a an amount not to exceed $1,507.651,570.33 per month for employees electing
Employee +1 coverage and. The City contribution shall go toward the cost of all medical,
dental, vision and life insurance benefit premiums for the unit member employee and
dependent. City shall pay for increased costs to medical, dental, vision and life insurance
premiums for the employee and fifty percent (50%) of increased costs for the dependent based
upon HMO plan costs.
c. Effective January 1, 20241, for unit members who elect to have “Employee Only” coverage,
the City shall pay an amount not to exceed $933.181,149.57 per month for employees electing
Employee Only coverage. The City contribution shall go toward the cost of all medical, dental,
vision and life insurance benefit premiums for the unit member employee. City shall pay for
increased costs to medical, dental, vision and life insurance premiums for the employee based
upon HMO plan costs.
For unit members who elect to have “Employee Only” coverage, available funds remaining
from the City’s contribution toward insurance coverage shall be paid to an employee hired on
or before September 1, 2000 as additional compensation. This amount shall not exceed
$319.53 per month.
d. The City shall provide term life insurance coverage for each employee in a total amount of
fifteen thousand dollars ($15,000) from July 1, 2021 through December 31, 2021. The City
6/11/24 | Item A3 | Attachment 2
Page 71 of 244
Firefighters’ MOU 20241-20274 Page 20
shall provide term life insurance coverage for each employee in a total amount of fifty thousand
dollars ($50,000). beginning January 1, 2022 and through the remaining term of this
agreement.
e. The City shall provide a term life insurance policy for each eligible dependent enrolled in
health coverage in a total amount of one thousand dollars ($1,000) per dependent during the
term of this agreement.
f. The Medical Insurance Committee shall be comprised of one representative from each of the
bargaining units (as designated by the bargaining unit) and one from the City. The Committee
shall regularly review the health plan and study health insurance issues including, but not
limited to, Health Maintenance Organizations (HMO’s), cost containment, etc., and make
recommendations to the City Manager.
g. The City shall make available to employees covered by this MOU a Flexible Benefit Plan, in
compliance with applicable Internal Revenue Code provisions. The plan will enable an
employee to, on a voluntary basis, cover additional out of pocket premium expenses for
insurance through pretax payroll dollars.
g.h. State Disability Insurance – The City will work with the employees in this bargaining unit
and the State of California to implement a payroll deduction for all classifications of employees
covered under this agreement if eligible. The City will work diligently to have the payroll
deduction in place by July 1, 2025.
SECTION 5.2 UNIFORM ALLOWANCE
The purpose of the uniform allowance is for the purchase, replacement, maintenance and cleaning
of uniform clothing, including t-shirts and hats.
a. The City shall provide an annual uniform allowance of nine hundred fifteen dollars ($915)
for each Association employee.
b. The City will make an up-front lump-sum payment of the current calendar year’s uniform
allowance no later than the second pay day in January.
c. Upon initial hire the employee will receive a prorated amount based upon the number of
days remaining until January 1. The City would at the same time advance the new employee
an amount that, when added to his initial uniform allowance, would equal $915. The
amount advanced upon hire would then be deducted from the employee’s first full uniform
allowance check received the following January. (Example: If an employee worked six
months in the first calendar year, he/she would receive $915 in that first year and $457.50
in the second calendar year. All subsequent years the employee would receive the full
$915 until separation from the City.)
When an employee separates from the City, the uniform allowance will be prorated based
upon the number of days employed in the then current calendar year and any amounts owed
to the City will be deducted from his/her final check.
6/11/24 | Item A3 | Attachment 2
Page 72 of 244
Firefighters’ MOU 20241-20274 Page 21
SECTION 5.3 PHYSICAL FITNESS
The parties agree to establish a committee consisting of an equal number of representatives from the
City and the Association for the purpose of developing a physical fitness program that will be
implemented in the Fire Department for all employees in the unit. The committee will meet as needed
to develop recommendations for the Fire Chief. The physical fitness program will include the
following elements: 1) Mandatory participation, 2) Established standards, and 3) City-provided
physicals.
SECTION 5.4 HEALTH AND WELLNESS EXAMS
The City shall include in the Fire Department budget three hundred seventy-five dollars ($375) per
for full-time employee for health and wellness exams according to the following schedule:
• Annually for Fire Department safety personnel aged 40 and over
• Every other year for Fire Department safety personnel aged 30-39
• Every three years for Fire Department safety personnel aged 20-29
The total amount budgeted will be coordinated in cooperation with the City. This amount will be
paid directly to the health care professional or medical group and not to the employee.
SECTION 5.5 – RETIREE MEDICAL EXPENSE REIMBURSEMENT PLAN
The City will administer employee payroll deductions that are directed to a Medical Expense
Reimbursement Plan selected by the Association, with City approval, which lawfully permits
employee contributions by payroll deductions (e.g., Retiree Medical Trust, Retiree Health Savings
Account). The City shall not incur or be liable for any costs or contributions associated with such
a plan. The City will only administer payroll deductions toward a qualifying employee benefit
plan under the Internal Revenue Code.
The Association shall indemnify, defend and hold harmless the City from any claim, complaint,
assessment, penalty, or damages asserted by any person or entity, including any state or federal
authority, arising out of Association participation in such a plan, including, but not limited to fines,
fees, or penalties issued by a state or federal taxing authority against the City due to employee
payroll deductions or compensation payouts that are directed to the plan.
SECTION 5.6 MUTUAL AID REST PERIOD
In the event an employee or crew has been on assignment for 14 days or greater, the Duty Officer
may allow the shift employees to take the remainder of the shift off, up to a maximum of 48 hours.
Shift employees have the option to utilize up to 24 hours of sick leave for rehabilitation and mental
health awareness or any other form of personnel accrued time. Shift employees have the option to
rehab on duty for the remainder of the shift cycle with the exception of emergency response.
A request will not be granted if it would create mandatory overtime for another shift employee.
6/11/24 | Item A3 | Attachment 2
Page 73 of 244
Firefighters’ MOU 20241-20274 Page 22
ARTICLE VI – OTHER
SECTION 6.1 PROBATION
The length of the probationary period for employees covered under this MOU shall be in accordance
with Rule 9 of July 2012 City of Atascadero Personnel System Rules. Each original and promotional
appointment made to a position in the competitive service shall be subject to a probationary period.
The length of the original and promotional probationary period shall each be at least 12 month of
service in the position for all employees. At the discretion of the Department Head and with the
approval of the City Manager, the probationary period may be extended for a maximum of six
additional months when the Department Head has determined that the employee has not yet
successfully completed his/her probationary period.
SECTION 6.2 PROMOTIONAL OPPORTUNITIES
Upon completion of the probationary period, qualified employees in the classification of Firefighter
will be provided an opportunity to be examined and promoted to the next classification of Fire
Engineer provided there is a vacancy. There shall be a maximum of ten (10) Fire Engineer positions
funded.
SECTION 6.32 CELL PHONE REIMBURSEMENT
The City agrees to reimburse each full-time employee a flat rate of twenty dollars ($20.00) per
month for the use of their personal cell phone for City business. This amount will be paid once
per year in a lump sum amount. Where applicable, the months will be pro-rated.
SECTION 6.34 FIRE EQUIPMENT OPERATOR (FEO) ASSIGNMENT
There will be a maximum of one (1) FEO position compensated at any one time. Based on current
staffing, departmental needs, and budgetary constraints, the Fire Chief, with written approval of
the City Manager, may appoint additional FEO positions to be compensated.
Selection will be based on completion of department FEO qualification process and appointment
will solely be the decision of the Fire Chief.
In order to be eligible for the FEO assignment, employees must meet the following minimum
qualifications.
1. Employee must have completed Firefighter Probation
2. Employee must have completed AFD Driver/Operator and Ladder Truck modules
3. Employee must have completed CSFM Driver/Operator Certification or equivalent as
approved by Fire Chief
4. Employee must have passed the Fire Engineer Promotional Test or FEO Equivalency Test
(Minimum 80% cumulative, minimum 70% on any individual section)
6/11/24 | Item A3 | Attachment 2
Page 74 of 244
Firefighters’ MOU 20241-20274 Page 23
5. Employee must have obtained a FEO Qualification - approved by Fire Chief
6. Every two years, employees must re-qualify by:
a. Completing a Fire Engineer Promotional Test with a passing score; or
b. At the Fire Chief’s discretion, either completing an FEO equivalency test with a
passing score or completing Fire Chief required FEO training.
Failure to re-qualify every two years will result in revocation of assignment.
SECTION 6.45 OFFICER IN CHARGE (OIC) ASSIGNMENT
There will be a maximum of four (4) OIC positions compensated at any one time. Based on current
staffing, departmental needs, and budgetary constraints, the Fire Chief, with written approval of
the City Manager, may appoint additional OIC positions to be compensated.
Selection will be based on completion of department OIC qualification process and appointment
will solely be the decision of the Fire Chief.
There will be a maximum of four (4) OIC positions compensated at any one time. Selection will
be based on completion of department OIC qualification process and appointment will solely be
the decision of the Fire Chief.
In order to be eligible for the OIC assignment, employees must meet the following minimum
qualifications:
1. Employee must meet minimum qualifications listed for Engine Company Officer per SLO
County Fire Services Mutual Aid Plan. Including requirements for SLO County Incidents
and Strike Team assignments
2. Employee must have completed Atascadero Fire & Emergency OIC Taskbook
3. Employee must have obtained OIC Trainee Qualification- Approved by Fire Chief
4. Employee must have passed the Fire Captain Promotional Test or OIC Equivalency Test
(Minimum 80% cumulative, minimum 70% on any individual section)
5. Employee must have completed 3 months of OIC Trainee Training in the presence of a
Fire Captain
6. Employee must have obtained an OIC Qualification- Approved by Fire Chief
7. Every two years, employees must re-qualify by completing:
a. A Fire Captain Promotional Test with a passing score; or
b. At the Fire Chief’s discretion, either completing an OIC equivalency test with a
passing score or completing Fire Chief required OIC training.
Failure to re-qualify every two years will result in revocation of assignment.
SECTION 6.5 DUTY OFFICER
Fire Captains who have completed the below requirements maybe eligible for stipend pay for duty
officer when assigned by the Fire Chief. Selection will be based on the completion of the
department Duty Officer qualification process and appointment will solely be at the decision of
6/11/24 | Item A3 | Attachment 2
Page 75 of 244
Firefighters’ MOU 20241-20274 Page 24
the Fire Chief.
In order to be eligible for the Duty Officer assignment, employees must meet the following
minimum qualifications:
• Employee must be a Fire Captain and completed 4 years in rank
• Employee must have completed the following qualifications:
o CSFM Company Officer
o NWCG Single Resource Boss/Engine Boss
• San Luis Obispo County Company Officer
• Employee must have completed the following classes:
o ICS-400, Advanced ICS Command and General Staff
o NIMS IS700
o NIMS IS800
o All the required classes in the Fire Department Fire Captain Career Development
Guide
• Employee must have completed the Atascadero Fire & Emergency Services Duty Officer
Taskbook
• Employee must have obtained Duty Officer Qualification – Approved by the Fire Chief
o Every two years, employees must re-qualify by completing:
o A minimum of four 24-hour shifts as Duty Officer; or At the Fire Chief’s discretion,
completing a prescribed training assignment that includes review of administrative
and operational knowledge, and emergency simulations.
Failure to re-qualify every two years will result in revocation of eligibility for stipend pay.
SECTION 6.66 SPECIALIST ASSIGNMENT
a. Employees may serve in a specialist assignment.
b. Specialist assignments shall include only the following members associated with:
• San Luis Obispo Hazardous Response Team (SLOHIRT)
• San Luis Obispo Fire Investigation Strike Team (SLOFIST)
• North County Urban Search and Rescue Team (NCUSAR)
• San Luis Obispo Critical Incident Stress Management Team (SLOCISM)
• Technical Rescue Team (TRT)
• Field Training Officer (FTO): Paramedic members assigned to provide skills,
training and recertification to interns, paramedics and EMT’s. Provide department
representations to the SLOEMSA to assist in implementing policies and procedures
associated with emergency medicine.
c. Employees serving in one specialist assignment shall be entitled to receive Specialist I pay
as outlined in Section 4.1
d. Employees serving in more than one specialist assignment shall be entitled to receive
Specialist II pay as outlined in Section 4.1
6/11/24 | Item A3 | Attachment 2
Page 76 of 244
Firefighters’ MOU 20241-20274 Page 25
e. The number of employees serving in a specialist assignment shall be limited as follows:
• San Luis Obispo Hazardous Response Team (SLOHIRT)- up to a maximum of
three (3) employees assigned
• San Luis Obispo Fire Investigation Strike Team (SLOFIST)- up to a maximum of
three (3) employees assigned
• Technical Rescue Team (TRT)North County Urban Search and Rescue Team
(NCUSAR)- up to a maximum of eight (8) employees assigned
• San Luis Obispo Critical Incident Stress Management Team (SLOCISM)- up to a
maximum of two (2) employees assigned
• Field Training Officer (FTO)- up to a maximum of three (3) employees assigned
• In rare instances, based on the needs of the department and availability of funding,
the Fire Chief, with the written approval of the City Manager, may assign an
additional employee to a specialty assignment.
f. Quarterly, the association shall submit to Human Resources a list of all employees serving
in a specialist assignment, including effective dates of each assignment.
SECTION 6.7 LICENSE REIMBURSEMENT
City agrees to either pay directly on behalf of or reimburse (receipts required) each full-time
employee for the following fees, costs and licenses required for their position and job
responsibilities:
1. DMV physicals and lab-tests from a provider approved by the City
2. DMV license renewal
3. EMT-Paramedic license renewal
4. EMT- Basic license renewal
5. Haz-Mat physicals and lab-tests from a provider approved by the City
ARTICLE VII – OTHER
SECTION 7.1 COMPARISON JURISDICTIONS
a. The Association and the City recognize that the Memorandums of Understanding in the
years since 1998 have been incremental steps in correcting salary inequities between
Atascadero employees and the comparisons within San Luis Obispo County. It is further
recognized that the salary schedule is a continuing attempt to bring Atascadero salaries to
the mean with the surveyed cities following the initial inequity adjustment, and may be
subject to change in future negotiations.
b. The City recognizes that the Association would like the City to consider comparisons with
cities outside the County including the City of Salinas, the City of Hollister and the City of
Santa Maria. The City recognizes that with existing fire schedule, fire personnel may work
6/11/24 | Item A3 | Attachment 2
Page 77 of 244
Firefighters’ MOU 20241-20274 Page 26
at a jurisdiction some distance away and continue to live in the Atascadero area. The
Association may submit salary and benefit information from jurisdictions outside the
County and that information will be reviewed and discussed by the City during
negotiations.
ARTICLE VIII - CLOSING PROVISIONS
SECTION 8.1 TERM
The term of this MOU shall commence on the first full pay period following ratification and
approval by the City Council, and expire on June 30, 20274.
SECTION 8.2 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendation of the following
representatives:
_______________________ __________ _______________________ _________
APF Local 3600 Date APF Local 3600 Date
CITY OF ATASCADERO
_______________________ __________ _______________________ ________
Heather Moreno, Mayor Date Rachelle RickardJames R Lewis, City Manager
Date
6/11/24 | Item A3 | Attachment 2
Page 78 of 244
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item A4
Department: Public Works
Date: 6/11/24
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: NICK DE BAR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
PREPARED BY: RYAN HAYES, PUBLIC WORKS DEPUTY DIRECTOR
SUBJECT: Adopting a List of Projects for Fiscal Year 2024-2025 Funded by SB 1:
The Road Repair and Accountability Act of 2017
RECOMMENDATION:
Council adopt Draft Resolution, adopting a list of projects to be funded with Road Maintenance
and Rehabilitation Account revenues from SB 1 (The Road Repair and Accountability Act of
2017) for Fiscal Year 2024-2025.
REPORT IN BRIEF:
The Road Repair and Accountability Act of 2017 (SB 1) provides funding for local and state
jurisdictions to address roadway maintenance and rehabilitation needs, as well as other
transportation related projects. This act became law in April 2017 and annual reporting guidelines
for local agencies (cities and counties) were finalized in August 2017. Pursuant to these SB 1
annual reporting guidelines, this report summarizes the SB 1 budgeted and estimated revenues
FY 17/18 through FY 24/25 and recommends project allocation for the FY 24/25 SB 1 funds.
DISCUSSION:
SB 1 was designed intentionally to provide the most flexibility to local
agencies as to how to use these funds, but with a “fix it first” approach
to roadway improvements. Annual funds can be used on multiple
projects, or a single project can be funded with multiple annual revenue
allocations. “Betterment” improvement projects can be funded with SB
1 funds but require local agencies’ roadway systems to have a
comprehensive Pavement Condition Index (PCI) of 80 or higher –
Atascadero’s last comprehensive PCI was 50 (2019), with a new comprehensive pavement
evaluation currently underway.
In general, staff recommends directing SB 1 revenues to fund roadway repairs, maintenance, and
rehabilitation on arterial and collector functional classification roadways. These roadways receive
the heaviest use in town and are driven by most of the public compared to residential functional
Page 79 of 244
6/11/24 | Item A4 | Staff Report
classification roadways. Furthermore, Measure F14 funds have been used exclusively on
collectors and residential (local) roadways. Arterials and collectors are typically more expensive
to repair, support commerce and business activities, have enhanced improvements (sidewalks,
bike lanes, etc.), and have higher risk for liability if in disrepair. Staff believes committing
additional funding to arterials and collectors will allow the City to continue to improve the busiest
and most visible roads in Atascadero.
SB 1 guidelines require local agencies to pass a resolution each year that identifies a list of projects
for SB 1 funding. The following table summarizes the SB 1 budgeted and estimated revenues FY
17/18 through FY 24/25.
In accordance with the adopted budget, staff recommends allocating the FY 24/25 SB 1 funds
toward the following projects:
• Traffic Way Pavement Rehabilitation - North. This project includes heavy pavement
rehabilitation, drainage improvements, pavement markings, traffic signage, and other
miscellaneous and related work for 1.09 miles of Traffic Way between Chico Road and
Santa Cruz Road. Any remaining SB 1 Funds not needed for the El Camino Real (South)
Pavement Resurfacing Project will be allocated to this project.
• Santa Lucia Road Pavement Rehabilitation - Segments B and C. This project involves
pavement rehabilitation, drainage improvements, culvert replacement, pavement
markings, traffic signage, and other miscellaneous and related work for 2.0 miles of Santa
Lucia Road between Portola Road and Llano Road.
• El Camino Real Pavement Rehabilitation – North (Phase II). This project includes
pavement rehabilitation, culvert replacement, pavement markings, traffic signage and
other miscellaneous and related work for 0.55 miles of El Camino Real between San Benito
Road and Del Rio Road.
The attached Draft Resolution (Attachment 1) will provide the necessary documentation required
to be included with the submitted project list to the California Transportation Commission (CTC),
which is due on July 1, 2024.
Fiscal Year Difference
2017-2018 178,070$ 181,060$ 2,990$
2018-2019 530,440 571,180$ 40,740$
2019-2020 511,890 526,611$ 14,721$
2020-2021 568,200 557,213$ (10,987)$
2021-2022 577,400 602,956$ 25,556$
2022-2023 594,140 686,955$ 92,815$
2023-2024 760,910 746,658$ *(14,252)$
2024-2025 813,410 797,214$ *(16,196)$
Total 4,534,460$ 4,669,847$ 135,387$
Budgeted Actual /
Estimated*
Page 80 of 244
6/11/24 | Item A4 | Staff Report
ALTERNATIVES TO THE STAFF RECOMMENDATION:
Council may direct staff to allocate all or part of the estimated FY 24/25 SB 1 funds to another
budgeted capital project.
FISCAL IMPACT:
Approval of the Draft Resolution adopting the list of projects for SB 1 funding will allow the City
to receive an estimated $797,214 in 2024-2025 SB 1 funding.
REVIEWED BY OTHERS:
This item has been reviewed by the Administrative Services Director.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENT:
1. Draft Resolution
Page 81 of 244
6/11/24 | Item A4 | Attachment 1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2024-2025 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017
(Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor
in April 2017 in order to address the significant multimodal transportation funding shortfalls
statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the
residents of the City are aware of the projects proposed for funding in the community and which
projects have been completed each fiscal year; and
WHEREAS, the City must include a list of all projects proposed to receive funding from
the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the City budget,
which must include a description and the location of each proposed project, a proposed schedule
for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $813,410 of RMRA funding in Fiscal Year
2023-2024 from SB 1; and
WHEREAS, the City has undergone a public process to ensure public input into the
community’s transportation priorities and capital improvement plans; and
WHEREAS, the City used a Pavement Management System to assist in the development
of the SB 1 project list to ensure revenues are being used on the most high-priority and cost-
effective projects that also meet the community’s priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 139
centerline miles of roads, 20 bridges, and add active transportation infrastructure throughout the
City this year and hundreds of similar projects in the future; and
WHEREAS, the 2019 Pavement Management Program found that the City’s streets and
roads are in a “fair” condition and the revenue will help increase the overall quality of the road
system over the next decade, with the anticipation of bringing the streets and roads into a “good”
condition; and
WHEREAS, without revenue from SB 1, the City’s streets and roads may continue to
degrade into a condition that would require higher costs and expenses to maintain and repair; and
WHEREAS, if the Legislature and Governor failed to act, city streets and county roads
would have continued to deteriorate, resulting in many and varied negative impacts on the
community; and
WHEREAS, cities and counties own and operate more than 81 percent of streets and roads
in California, and from the moment an individual opens the front door to drive to work, bike to
Page 82 of 244
6/11/24 | Item A4 | Attachment 1
school, or walk to the bus station, they are dependent upon a safe, reliable local transportation
network; and
WHEREAS, modernizing the local street and road system provides well-paying
construction jobs and boosts local economies; and
WHEREAS, the local street and road system is also critical for farm to market needs,
interconnectivity, multimodal needs, and commerce; and
WHEREAS, police, fire, and emergency medical services all need safe reliable roads to
react quickly to emergency calls and a few minutes of delay can be a matter of life and death; and
WHEREAS, maintaining and preserving local streets and the road system will reduce
drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience
safer and more appealing, which leads to reduced vehicle emissions helping the State achieve its
air quality and greenhouse gas emissions reductions goals; and
WHEREAS, restoring roads before they fail reduces construction time, which results in
less air pollution from heavy equipment and less water pollution from site run-off; and
WHEREAS, the overall investment in the local streets, roads, and complete streets
infrastructure, with a focus on basic maintenance and safety, using cutting-edge technology,
materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. That the recitals set forth hereinabove are true, correct and valid.
SECTION 2. The following list of newly proposed projects will be funded in-part or
solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:
Project: Traffic Way Pavement Rehabilitation - North
Description: Heavy pavement rehabilitation, drainage improvements, pavement markings,
traffic signage, and other miscellaneous and related work for 1.1 miles of Traffic Way.
Location: Chico Road to Santa Cruz Road
Estimated Useful Life: 10 to 20 years
Estimated Project Schedule (Design & Construction): Spring 2023 – Summer 2024
AND
Project: Santa Lucia Road Pavement Rehabilitation – Segments B and C
Description: Heavy pavement rehabilitation, drainage and culvert improvements,
pavement markings, traffic signage, and other miscellaneous and related work for 2.0 miles
of Santa Lucia Road.
Location: Portola Road to Llano Road
Estimated Useful Life: 10 to 20 years
Page 83 of 244
6/11/24 | Item A4 | Attachment 1
Estimated Project Schedule (Design & Construction): Spring 2023 – Fall 2025
AND
Project: El Camino Real Pavement Rehabilitation – North (Phase II)
Description: Heavy pavement rehabilitation, culvert replacement, pavement markings,
traffic signage and other miscellaneous and related work for 0.55 miles of El Camino Real.
Location: San Benito Road to Del Rio Road
Estimated Useful Life: 10 to 20 years
Estimated Project Schedule (Design & Construction): Spring 2025 – Summer 2026
PASSED AND ADOPTED at a regular meeting of the City Council held on the _____ day
of _______, 2024.
On motion by Council Member ______________ and seconded by Council Member
___________, the foregoing resolution is hereby adopted in its entirety by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO:
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
Page 84 of 244
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item A5
Department: Public Works
Date: 6/11/24
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: NICK DEBAR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
PREPARED BY: NICK DEBAR, PUBLIC WORKS DIRECTOR/CITY ENGINEER
SUBJECT: Authorizing Temporary Road Closures for 2024 Hot El Camino Cruise
Nite and Colony Days Parade Routes
RECOMMENDATIONS:
Council:
1. Adopt Draft Resolution A, authorizing temporary road closures and restrictions on August
16, 2024, for the Hot El Camino Cruise Nite.
2. Adopt Draft Resolution B, authorizing temporary road closures and restrictions on October
5, 2024, for the Colony Days Parade.
DISCUSSION:
Historically, the City participates in two special events each year that require encroachment
permits from Caltrans: Hot El Camino Cruise Nite and the Colony Days Parade. Both of these
events require the closure of Highway 41 at El Camino Real and the closure of the US 101
northbound Highway 41 exit. In order to obtain a Caltrans encroachment permit, the City must
provide Caltrans with a traffic control and detour plan for the Highway 41 closures. In addition,
Caltrans requires a City Council resolution authorizing the temporary road closure of El Camino
Real and the other streets affected along the routes. No significant impacts to these events are
expected from El Camino Real construction since the bidding documents require the City’s
contractor, Souza Construction, to accommodate both events.
HOT EL CAMINO CRUISE NITE: FRIDAY, AUGUST 16, 2024 (EVENT 6:30 TO 8:30 P.M.)
This event begins at 6:30 p.m. but requires temporary road closures in advance of the start time
to secure and clear the event route. The following road segments are proposed to be closed
from 5:00 p.m. until 9:00 p.m. for the Hot El Camino Cruise Nite event:
• El Camino Real from Curbaril Avenue to Traffic Way
• San Luis Avenue from Curbaril Avenue to Pueblo Avenue
• Pueblo Avenue from San Luis Avenue to Sinaloa Avenue
• East Mall from El Camino Real to Palma Avenue
• West Mall from El Camino Real to Palma Avenue
• Entrada Avenue from El Camino Real to Lewis Avenue
• Traffic Way from El Camino Real to Lewis Avenue
Page 85 of 244
6/11/24 | Item A5 | Staff Report
• Palma Avenue from Traffic Way to West Mall
The Hot El Camino Cruise Nite event attracts tourists and spectators who line El Camino Real to
view the vehicles that participate in this historically popular event.
The following evening, “Dancing in the Streets,” a popular event that debuted in 2016, will have
street closures that will only impact the downtown area from West Mall to Traffic Way. “Dancing
in the Streets” is tentatively planned for Saturday, August 17, 2024 from 5:00 p.m. to 9:00 p.m.
A resolution is not needed for this event since Caltrans highway operations are unaffected by
the event.
COLONY DAYS PARADE: SATURDAY, OCTOBER 5, 2024 (EVENT 10:00 A.M. TO 1:00 P.M.)
The Colony Days Parade route will begin on El Camino Real near Pueblo Avenue and travel
northbound on El Camino Real, then turn east on West Mall ending at Lewis Avenue near City
Hall. Required road closures are very similar to Hot El Camino Cruise Nite except Lewis Avenue
(between Entrada Avenue and East Mall) and West Mall (between Lewis Avenue and Olmeda
Avenue) will also be closed, while Traffic Way, Entrada Avenue, and Palma Avenue (between
Traffic Way and Entrada Avenue), will remain open.
Road closures for the Colony Days Parade occurs in two stages. The first stage occurs at 8:00
a.m. and is a “soft” closure that closes a portion of the parade route to allow floats and other
participants to set up. The second stage occurs at 9:30 a.m. and is a “hard” closure that
prohibits all unauthorized vehicles from driving through the parade route or any closed road.
A detail of each of the road closures is included in the Draft Resolutions (Attachments 1 & 2) and
on the proposed route for Hot El Camino Cruise Nite and Colony Days (Attachment 3).
Discussion of the item’s background, City/Council action up to this point, and what is needed
next.
FISCAL IMPACT:
Cruise Nite incurs no net fiscal impact. The City cost of conducting the event is approximately
$15,000 and is included in the adopted budget. It is anticipated that these costs will be fully
recovered through budgeted sponsorships and entry fees.
The Colony Days closure of the parade route is expected to take over 100 hours of budgeted
staff time for road closure applications, set-up, and oversight of the road closure. Colony Days is
a non-profit event co-sponsored by the City.
REVIEWED BY OTHERS:
This item has been reviewed by the Administrative Services Director as well as the Community
Services Director.
Page 86 of 244
6/11/24 | Item A5 | Staff Report
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENTS:
1. Draft Resolution A – Hot El Camino Cruise Nite
2. Draft Resolution B - Colony Days Parade
3. Maps - Proposed Routes for Hot El Camino Cruise Nite and Colony Days Parade
Page 87 of 244
6/11/24 | Item A5 | Attachment 1
DRAFT RESOLUTION A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING TEMPORARY ROAD
CLOSURES AND RESTRICTIONS FOR HOT EL CAMINO CRUISE NITE
BE IT RESOLVED, by the City Council of the City of Atascadero that the Hot El
Camino Cruise Nite route is hereby established as: El Camino Real from Curbaril Avenue to
Entrada Avenue to Palma Avenue to Traffic Way and returning to El Camino Real.
Additionally, San Luis Avenue from Curbaril Avenue to Pueblo Avenue, and Pueblo Avenue
from San Luis Avenue to El Camino Real, will be closed for participant registration and check-in
activities.
BE IT FURTHER RESOLVED that in order to provide a closed route for the Cruise,
the area described above is designated as a “No Parking” and tow-away zone from 5:00 p.m.
until 9:00 p.m., on August 16, 2024.
BE IT FURTHER RESOLVED that the City Engineer is authorized to make
modifications to the above road restrictions and associated traffic control plan as necessary to
address conflicts, improve efficiencies, and for public health, welfare, and safety purposes.
PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day
of _______, 2024.
On motion by Council Member ____________________ and seconded by Council
Member ____________________, the foregoing Resolution is hereby adopted in its entirety on
the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO:
____________________________________
Heather Moreno, Mayor
ATTEST:
____________________________________
Lara K. Christensen, City Clerk
Page 88 of 244
6/11/24 | Item A5 | Attachment 2
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING TEMPORARY ROAD
CLOSURES AND RESTRICTIONS FOR
COLONY DAYS PARADE ROUTE
BE IT RESOLVED by the City Council of the City of Atascadero that the Colony Days
Parade route is hereby established as El Camino Real from Curbaril Avenue to West Mall and
ending at Lewis Avenue with the Colony Day Festivities centered at the Sunken Gardens.
Additionally, San Luis Avenue from Curbaril Avenue to Pueblo Avenue and Pueblo Avenue
from Luis Avenue to El Camino Real will be closed for Colony Days Parade staging area.
BE IT FURTHER RESOLVED that in order to provide a reserved route for the Parade,
staging and associated activities, the following actions are required:
Friday, October 4, 2024 through Saturday, October 5, 2024 – 24 hours
Establish “No Parking” and tow-away zone
• East Mall – South side only, from El Camino Real to Palma Avenue
Saturday, October 6, 2024 – 6:00 a.m. until 5:00 p.m.
Establish road closure and tow-away zone
• East Mall, from El Camino Real to Palma Avenue
• West Mall, from El Camino Real to Lewis Avenue
• Palma Avenue, from East Mall to West Mall
Saturday, October 6, 2024 – 8:00 a.m. until 1:00 p.m. (Hard closure at 9:30 a.m.)
Establish road closure and tow-away zone
• El Camino Real, from Curbaril Avenue to Entrada Avenue
• San Luis Avenue, from Curbaril Avenue to Pueblo Avenue
• Pueblo Avenue, from San Luis Avenue to El Camino Real
• Lewis Avenue, from Entrada Avenue to East Mall (close at 10:00 a.m.)
• West Mall, from Lewis Avenue to Olmeda Avenue (close at 10:00 a.m.)
BE IT FURTHER RESOLVED that the City Engineer is authorized to make
modifications to the above road restrictions and associated traffic control plan as necessary to
address conflicts, improve efficiencies, and for public health, welfare, and safety purposes.
PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day
of _______ 2024.
CITY OF ATASCADERO:
____________________________________
Heather Moreno, Mayor
ATTEST:
____________________________________
Lara K. Christensen, City Clerk
Page 89 of 244
6/11/24 | Item A4 | Attachment 3
Colony Days Parade
Page 90 of 244
6/11/24 | Item A4 | Attachment 3
Colony Days Parade
Page 91 of 244
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item B1
Department: Community
Development
Date: 6/11/24
Placement: Public Hearing
TO: JAMES R. LEWIS, CITY MANAGER
FROM: PHIL DUNSMORE, COMMUNITY DEVELOPMENT DIRECTOR
PREPARED BY: KELLY GLEASON, PLANNING MANAGER
SUBJECT: Objective Design Standards
RECOMMENDATION:
Planning Commission recommends:
Council introduce, for first reading, by title only, Draft Ordinance to establish objective design
standards for multifamily and mixed-use developments and update existing development
standards in Title 9 for consistency.
REPORT IN BRIEF:
This report summarizes Objective Building Design Standards for Multi-Family and Mixed-Use
Developments as well as changes to existing standards in Title 9 related to site design and
development. Recent State laws limit cities to applying only standards that are objective and
adopted as code to residential projects. Adoption of these standards will allow the city to
maintain quality projects throughout our multi-family and mixed-use neighborhoods.
DISCUSSION:
BACKGROUND
The Objective Design Standards (ODS) project establishes a set of quantifiable design criteria for
multi-family residential projects, including mixed-use developments within commercial districts.
These standards are intended to make the requirements that apply to residential projects
predictable and clearly defined to streamline the process for decision-makers, City staff,
applicants, and members of the public. Qualifying projects that can follow the standards will be
processed with a construction permit without the need for a use permit or DRC review. Projects
that are not consistent with the design standards would be subject to a conditional use permit
instead of the streamlined review offered by these standards. These standards are being
established in response to several recent State laws that require streamlined review for certain
residential projects as well as to provide community consistency.
Page 92 of 244
6/11/24 | Item B1 | Staff Report
Any multi-family or mixed-use development project with 2 or more residential units would be
subject to ODS. Existing development standards are also being updated for consistency with the
proposed objective design requirements. The adoption of ODS aims to:
▪ Develop objective standards: Transform subjective context-based design criteria into
objective design standards to help create clearer expectations for both developers and
City decision-makers.
▪ Streamline review processes: Eliminating the discretionary process for qualifying
projects.
▪ Impress local influence: Allow Atascadero to create tailored standards to ensure quality
projects that reflect our community.
ODS will become a new, separate section of the Zoning Ordinance. The standards are designed
to be tiered design standards with a menu of options for various types of projects. However, since
property development standards are integrated throughout the Municipal Code, there are many
other amendments that are triggered within Title 9 (Planning and Zoning) to help integrate ODS
and provide consistency. These changes will include new regulations such as fractional density
calculations, cottage cluster (small lot) development standards, landscape requirements,
provisions for solid waste, and other related changes to property development standards.
The staff report references proposed amendments with a brief description. Full changes can be
found in the attachment to the draft resolution. To aid in the review process, a checklist for the
standards is being proposed (Attachment 2). Checklists are intended to summarize standards for
applicants and designers for ease of implementation, especially those standards that can have
an impact on early site planning.
In an introductory hearing on September 27, 2022, the Council provided initial direction to the
ODS project. The draft standards were subsequently reviewed by the DRC and Planning
Commission. Standards were refined after initial feedback and were brought before the Planning
commission on May 7, 2024, for recommendation to City Council. The Planning Commission’s
motion included suggested modifications to street tree standards to provide flexibility by creating
a menu of options similar to the proposed building and open space standards. Dissenting
Commissioners speculated that a city tax district could be established to cover tree plantings and
maintenance in the right-of-way over installation on private property. The modified standards
are included in the “street tree” section below.
ANALYSIS:
Key outcomes of the proposed code amendments include:
• Objective standards that are designed to provide a ministerial (construction permit only)
path forward for housing projects.
• Under the current code, only residential projects with less than 12 units qualify as
ministerial projects, allowing them to proceed without a use permit. With the
implementation of ODS, projects with less than 50 units may qualify as ministerial
projects. This change implements Housing Element program 3.C.
• All mixed-use developments outside of Downtown, regardless of size, require conditional
use permit approval. This would remain unchanged with ODS unless different standards
are incorporated following the General Plan Update.
Page 93 of 244
6/11/24 | Item B1 | Staff Report
• Objective standards are designed to be a flexible menu of options to accommodate
multiple design themes and building types.
Recently adopted state laws are designed to streamline the approval of housing developments
and generally limit a city’s ability to deny projects or reduce project density if they comply with
adopted standards. With the adoption of objective design standards consistent with this State
direction, code amendments are proposed to change the discretionary trigger for multi-family
developments from 12 units up to 50 units for projects that can meet the objective standards.
This would provide most multi-family projects in Atascadero a ministerial path but would
maintain use permit review of larger projects and for projects of any size that cannot, or do not
want to, meet objective standards. It is important to note that, while the city can require a
discretionary process for housing projects, the city may not deny or reduce the density of these
developments if they are consistent with objective local development standards. If compliant
with objective standards, the use permit review would be limited to the implementation of
design goals that do not affect the feasibility of the project and address potential environmental
and neighborhood impacts. Some housing projects may still trigger a discretionary review if they
decide to subdivide, create condominiums, or rezone the property, but the city will be limited in
its scope of review.
OBJECTIVE STANDARDS
Objective design standards provide building form, massing, and material standards in addition to
site design and landscaping requirements. The proposed building standards provide a menu of
options to allow flexibility while maintaining quality design. Elements and topic areas of focus
were selected based on City Council direction given at their September 27, 2022, meeting. At that
meeting, the following key elements of design were identified:
▪ Transitions (between different land uses such as high-density and low-density)
▪ Tradition
▪ Outdoor gathering spaces
▪ Pedestrian vitality in downtown
▪ Eclectic design
▪ Streamlined review
Based on this direction, MIG and City staff identified design criteria that are reflected in the
following design standards:
1. Multi-Family and Mixed-Use Building Design Standards
2. Cottage Cluster Standards
3. Unit size/fractional density
4. Property Development Standards
These new standards would be applied to all multi-family residential projects, whether those
projects are within a residential zone or a commercial zone as a mixed-use development. If a
development plan cannot meet the objective standards or an applicant wants to propose an
alternative design, they can do so through a use permit process.
Page 94 of 244
6/11/24 | Item B1 | Staff Report
1. Multi-Family and Mixed-Use Building Design Standards
The objective standards recognize that larger-scale buildings require a greater level of
articulation and detail to achieve a pedestrian scale. The standards propose a menu of design
options with a greater number of options required for larger-scale buildings. There are tiers of
features based on project type and size and then there are additional standards in the code that
apply to all multi-family development.
The 4 tiers:
1. Required Components
2. Wall Plane Variation
3. Fenestration and Materials
4. Roofs
Each tier contains several design elements that applicants can choose from to create unique and
quality building designs, while maintaining flexibility in design theme. The minimum number of
required design strategies is based on building type (mixed-use, multi-plex, or smaller multi-
family structure) coupled with building length to ensure that larger buildings incorporate a
greater number of variations across the elongated wall plane (Table 1).
Table 1: Number of Design Strategies per building type.
Building Type
Minimum Number of
Required Design Strategies
Tier 1 Tier 2
Wall Plane
Tier 3
Fenestration
Tier 4
Roofs
Mixed-use in Commercial Zones:
Buildings 25 ft or less in width All 0 3 1
Buildings between 25 ft - 50 ft in width All 1 3 1
Buildings more than 50 ft in width All 2 3 2
Mixed Use in DC or DO Zones:
Buildings 25 ft or less in width All 0 3 1
Buildings between 25 ft - 50 ft in width All 1 3 1
Buildings more than 50 ft in width All 2 3 1
Multiplex (5+ units):
Buildings 50 ft or less in width All 1 3 2
Buildings more than 50 ft in width All 2 3 2
Duplex, Triplex, Fourplex, or Cottage Cluster All 0 2 1
Tier 1 - Required Components, Section 9-4.130(f)(2):
All multi-family and mixed-use buildings that contain two or more units are required to
incorporate Tier 1 components. This tier includes a focus on ground floor height in mixed-use
buildings to maintain viable commercial spaces, minimum transparency (windows and doors) for
buildings, and limitations on blank walls.
Page 95 of 244
6/11/24 | Item B1 | Staff Report
Tier 2 - Wall Plane Variation, Section 9-4.130(f)(3):
Tier 2 components are triggered for buildings that exceed 25 feet in frontage width or any multi-
plex building. The wall plane variation section is designed to ensure that buildings provide variety
along the primary façade to create visual interest and break up larger masses. A greater number
of design components is required for longer buildings, as listed in the chart above, recognizing
that longer buildings have a greater visual impact, and more design features are needed to break
up the larger mass. Options for accomplishing the required articulation include building
stepbacks, the addition of balconies, massing breaks, the use of material to break up masses, and
the incorporation of plazas.
Tier 3 - Fenestration and Materials, Section 9-4.130(f)(4):
Tier 3 components apply to all buildings. This section includes additive features to the wall plane
to provide visual interest and to create greater areas of shade and shadow across the facade.
Awnings, enhanced window material and trim detailing, and secondary cladding are included as
options from which applicants may choose to comply with this section.
Tier 4 - Roofs, Section 9-4.130(f)(5):
This tier applies to all buildings and focuses on roof forms and variation. This section recognizes
differing roof styles to provide flexibility in design style. The feature menu includes options for
flat and sloped roofs and focuses on variations of roof heights and profiles, overhangs and
projections, and cornice treatments.
Additional Definitions and Standards, Section 9-4.130
The objective standards include definitions and refinements related to certain design features.
These include standards for awnings and balconies (when part of the design concept), roofs,
mechanical equipment, and detached accessory structures in addition to appropriate entry
features based on building typology, and color and material standards. Within this section is a list
of allowed and prohibited materials aimed at ensuring quality and lasting exterior building
treatments.
Transitions to Single-family zones, Section 9-4.130(j)
A key factor in the implementation of objective design standards is the treatment of transitions
between higher-intensity land uses and single-family residential properties. Design standards
have been incorporated into the code language to address adjacencies to single-family properties
aimed at minimizing visual impacts to the extent feasible while retaining viable development
opportunities. Standards include a required building stepback for portions of any building greater
than 25-feet, limitations on balcony orientation to minimize overlook, and landscape buffering.
Cottage Cluster and Small Lot Subdivisions, Section 9-4.130(l)
A new “cottage cluster” development type is introduced with the proposed ODS which allows for
community-oriented design and small lot subdivisions that may consist of detached cottages or
duplexes oriented around shared outdoor amenity space. Using these standards, the pedestrian
and community spaces would be emphasized and the space devoted to vehicular access and
private yards would be minimized. The proposed code would not only set design standards for
cottage cluster developments but would also allow subdivision of these projects outside of the
Planned Development process, supporting future small lot subdivisions and increasing
Page 96 of 244
6/11/24 | Item B1 | Staff Report
homeownership opportunities without having to rezone land go through an extensive City
application process.
2. Title 9 Site Design and Development Standards
Several property development and site planning standards go hand-in-hand with objective design
standards. These include standards for the use and enjoyment of a property as well as technical
aspects such as parking allocations and building setbacks. Sections with substantive changes are
outlined and referenced below.
Fractional Density and Building Size Limits (Sections 9-3.252(b)(2) and 9-3.331(b)(2)
Fractional Density is a method of utilizing unit size to determine the allowed number of units
(density) on a property. In theory, it allows for a greater number of units if the units are smaller,
therefore incentivizing affordability by design, while retaining a consistent massing standard for
the property. Current zoning does not factor in the unit size to determine density; therefore a
450 square-foot studio apartment is treated as the same density as a four-bedroom 2,800 square-
foot residence.
Under the current code, the practical buildable area of a site is constrained by parking, open
space, and lot coverage standards. As unit density does not consider unit size, developers will
often construct larger units on each site to maximize return on the investment per structure. In
a fractional density scenario, multiple units may be built before reaching a single unit of density.
This type of zoning or objective standard can be designed to incentivize smaller, thus encouraging
greater density and, in some cases, helping to promote affordability (by design) within the multi-
family districts and/or within commercial districts that allow for mixed-use. Fractional density
may also encourage the redevelopment or infill of older multi-family sites by allowing additional
smaller units to offset demolition or remodel costs. The Council's direction was to consider ways
to incentivize affordability by design, such as fractional units.
The objective design standards code amendments include amendments to the existing zoning
regulations to incorporate fractional density. Under the current proposed amendments,
fractional density would be applied as follows:
• Units up to 600 square feet = 0.50 units
• Units of 601 square feet up to 1,000 square feet = 0.66 units
• Units over 1,000 square feet = 1 unit
Any combination of dwelling types and numbers may be developed, so long as their combined
density unit values do not exceed the maximum potential. This standard incentivizes smaller units
while providing additional opportunities for density and, thus, creating greater financial
feasibility for development.
As initially proposed, fractional density would be applied only to the high-density multi-family
zoning designation and all mixed-use projects. In the multi-family zones, there are two levels of
allowed density:
• RMF-10 (Medium Density) allows for a density of up to 10 units per acre.
• RMF-24 (High Density) allows for up to 24 units per acre and requires a minimum density
of 20 units per acre.
Page 97 of 244
6/11/24 | Item B1 | Staff Report
The attached ordinance allows for fractional density to apply to all multi-family and mixed-use
districts. In the future, there will likely be 3 levels of multi-family density, following adoption of
the new General Plan. These designations may have density ranges from 5 to 36 units per acre.
Maximum Average Unit Size, Section 9-3.331(g)
As part of the Council’s direction to consider ways to incentivize affordability by design, maximum
unit size was discussed. The Council directed that a maximum average unit size should not be
considered in multi-family zones but would be appropriate in the Downtown Districts (DO and
DC). As such, the aggregated maximum average size of all dwelling units within a new mixed-use
project in the Downtown Districts (DO or DC) is proposed to be 1,200 square feet. This will
encourage affordable-by-design units and higher densities with smaller units while still allowing
for some larger units to be constructed. It is important to note that this standard sets an
“average” unit size limitation, not a 1,200 square foot cap on all units.
Height, Section 9-4.113
The current code sets a maximum building height which can preclude good roof design. The
proposed objective design standards provide options for architectural features that may rise
above the maximum height to allow for varied roof forms and items such as towers. In addition,
in the Downtown Commercial zoning district, the existing height limit is 45 feet and not to exceed
three stories. The Code update would retain the 45-foot height limit but would eliminate
reference to the maximum number of stories to allow for design flexibility. Additional height will
be a topic of discussion for the General Plan update later this year and may be incorporated into
a future zoning update.
Open space, Sections 9-3.262(c) and 9-3.331(h)
The current code requires that open space for multi-family projects be provided at a ratio of 300
square feet per unit. Smaller projects can use private open space areas to meet this standard
while larger projects must provide communal open spaces. The current code does not include
specific standards for the design or the provision of amenities nor does it include standards for
mixed-use projects.
Providing recreational or private outdoor spaces in a project can work in opposition to
maximizing density on a particular site. To continue to meet State housing goals and reduce
barriers to achieving housing density, the Council provided direction to reduce the ratio of open
space required per unit while incorporating standards to ensure that the resulting spaces
provided quality and usable amenities.
Proposed standards for open space in multi-family developments are organized into a tiered
menu option similar to the objective building design standards. This allows for spaces tailored to
a specific site or project design while ensuring that basic amenities and features are provided.
Consistent with objective design standards, larger projects are required to provide more open-
space features.
Page 98 of 244
6/11/24 | Item B1 | Staff Report
Table 9-3.262-1: Minimum Number of Required Common Open Space Amenities by Project Size
Project Size Tier 1 Tier 2 Tier 3
2-4 units 1 1 1
5-9 units 1 2 1
10+ units 1 2 2
Tier 1
Tier 1 amenity standards include the below-listed options. All projects must incorporate a
minimum of one tier 1 option.
a. Shared courtyard
b. Shaded patio or amenity space
c. Provision of public art
d. Preservation of mature trees on-site
Tier 2
Smaller projects must incorporate a minimum of one tier 2 option while larger projects must
incorporate at least two. Options include:
a. Outdoor seating
b. Dog run area with appropriate provisions for dog waste and dog washing
c. Children’s play area
d. Sports court
e. Pool or spa
f. Outdoor kitchen
g. Fire pit area
h. Paved patio space
i. Preservation of existing native trees
Tier 3
Tier 3 includes options focused on landscaping and greenery. Projects with less than 10 units
must incorporate at least 1 tier 3 option while larger projects must incorporate at least 2 tier 3
options. Options include:
a. Incorporation of vertical landscaping, such as a green wall
b. Community garden with gardening amenities
c. Incorporation of flowering or edible plants
d. 100% drought-tolerant landscaping (exceptions made for incorporation of some edible
plants)
e. Incorporation of interpretative or educational information
f. Provision of a nature trail (minimum 1/4 mile)
The modified standards also allow for the use of indoor recreation space to count toward the
required open space for projects of 50 units or more. Indoor recreation amenity space can count
for up to 25% of the total open space requirement.
Open space standards are proposed for mixed-use developments in commercial districts, but at
a much lower ratio and with reduced amenity requirements to ensure that these projects can
Page 99 of 244
6/11/24 | Item B1 | Staff Report
provide a higher intensity of development along commercial corridors. Projects with 4 or fewer
units within commercial zones, or developments of 10 or fewer units within the Downtown
Zoning districts, are exempt from open space requirements. Standards include open space to be
provided at a cumulative ratio of 30 square feet per unit. For larger projects (50+ units), 50% of
the open space must be provided as a common amenity. This can be spaces dedicated to
residential use only or can be a shared commercial plaza or courtyard.
Landscape Standards, Section 9-4.125, 9-3.262, and 9-4.119(f)
Landscaping and lot coverage percentage standards have been eliminated in favor of quality-
focused requirements that have been incorporated in the open space and landscape
requirements. This allows for maximum use of a property with maximum flexibility while
retaining high-quality design features on site. In addition, to streamline development approvals
landscaping requirements in parking lots were simplified to focus on adequate shade tree spacing
in flexible locations rather than design with landscape “fingers”.
Street Tree Standards, Section 9-4.125
The City of Atascadero allows for a variety of street tree installation types, focusing on sidewalk
trees in the Downtown core. Outside of Downtown, street trees are planted between the
sidewalk and buildings. While some areas of the city have area within the right-of-way to
accommodate these types of street trees, many do not, thus, private property is used to establish
trees and landscape.
The multi-family residential zoning districts have a primary street setback of 15-feet and a corner
street setback of 12-feet minimum. These setback areas allow for street trees and landscape. The
street tree menu (detailed below) as recommended by the Planning Commission accommodates
varied setbacks and will allow for buildings to be placed at the setback line.
For commercial development, current code requires street trees at a maximum spacing of 30-
feet on-center but these zones also have a 0-foot minimum setback, creating a conflict between
building envelope and planting area.
• The proposed menu of options will allow for portions of the building to be placed at the
property line while ensuring that some areas as retained for street trees.
• The menu allows for greater spacing for larger trees, thus allowing more of the building
at the property line or with a minimal setback or smaller trees at a closer spacing with
minimal uniform setback.
This will allow for flexibility based on site location and characteristics as well as building use
needs.
Proposed Standards:
Menu of Options. All projects shall provide street trees along street frontages between
the public right of way and building face. Any street trees within the public right-of-way
must be approved by the City Engineer. Projects may choose one of the options listed in
Subsection a, b, or c to fulfill this requirement. Trees within the below listed tree size cat-
egories shall be those trees listed in the City’s Engineering standard list, or as otherwise
Page 100 of 244
6/11/24 | Item B1 | Staff Report
approved by the City based on similar size characteristics (height and spread) and appro-
priateness for urban planting.
a. Large Trees. Large Trees shall be planted within an unpaved planting area
and in compliance with Section 9-4.126 as follows:
1. With a maximum spacing of seventy (70) feet on center between
trees;
2. With a three (3)-foot minimum distance from back of sidewalk; and
3. With a twelve (12)-foot minimum distance to buildings on all sides.
4. Encroachment with flatwork for outdoor amenity spaces may occur
provided that a minimum 6-feet by 6-feet open planter area is
maintained.
b. Medium Trees. Medium Trees shall be planted within an unpaved planting
area and in compliance with Section 9-4.126 as follows:
1. Within a maximum spacing of forty (40) feet on center between
trees;
2. With a three (3)-foot minimum distance from back of sidewalk; and
3. With an eight (8)-foot minimum distance to buildings on all sides.
4. Encroachment with flatwork for outdoor amenity spaces may occur
provided that a minimum 6-feet by 6-feet open planter area is
maintained.
c. Accent Trees. Accent Trees shall be planted within an unpaved planting area
and in compliance with Section 9-4.126 as follows:
1. Within a maximum spacing of twenty-five (25) feet on center be-
tween trees;
2. With a three (3)-foot minimum distance from back of sidewalk; and
3. With a five (5)-foot minimum distance to buildings on all sides.
4. Encroachment with flatwork for outdoor amenity spaces may occur
provided that a minimum 6-feet by 6-feet open planter area is
maintained.
Driveway Standards, Section 9-4.117(a)(3)
Driveway standards are proposed to be updated to comply with current engineering and traffic
standards. Specifically, the minimum distance between two driveways for a single development
project is being increased for safety. Shared access between multiple sites will continue to be
encouraged with exemptions for certain landscape setback requirements if shared access is
provided.
Garage Standards, Section 9-4.116(d)
Standards for multi-family development were updated last year to eliminate the requirements
for covered parking. With new State law allowances for ADU conversions and a shift toward more
pedestrian-based neighborhoods with quality open space, code language is proposed to limit the
number of units that can have individual private attached garages and to limit the size of attached
garages to reduce the visual impact of larger garage doors and to reduce the amount of site
pavement dedicated to vehicular traffic.
Page 101 of 244
6/11/24 | Item B1 | Staff Report
Solid Waste Standards, Section 9-4.129
The current code does not have specific requirements related to accommodations for solid waste
collection. While the State has enacted requirements related to food waste and compostables,
cities must develop standards for trash enclosure and design. The proposed code amendments
specify that individual waste bins are only permitted for projects of 1 or 2 units. For projects of 3
units or greater, consolidated shared facilities will be required. This will allow for centralized
enclosures and will reduce conflicts with neighborhood parking and access. Standards are also
proposed to require trash enclosures to be designed consistent with the primary building
architecture and include a roof or cover. To allow flexibility, trash enclosures may also be allowed
to encroach into a front setback if heightened design standards can be met.
Setbacks, Section 9-4.106, 9-4.107, 9-4.108
Setbacks around the perimeter of the site determine the developable area of a property.
Setbacks can also be used to create a more unified streetscape, provide areas for street tree
plantings and play a key role in buffering between adjacent uses.
In general, commercial properties tend to have less restrictive setbacks than residential
developments. Commercial areas that are pedestrian-oriented (i.e. Downtown) also tend to
encourage or require that buildings be constructed directly at the back of the sidewalk with no
setback.
A zero setback is maintained for commercial properties, but street tree standards are clarified to
ensure that street trees are installed at the back of the sidewalk where in-sidewalk trees are not
preferred or allowed. (See Section 9-4.125(a)(5).)
Side and Rear Setbacks (Sections 9-4.107 and 9-4.108): The setback section has also been
updated to reference objective design standards intended to provide greater setbacks and
landscape buffers when higher-density projects are adjacent to single-family residential zones.
Storage, Section 9-3.262(b) and 9-3.331(e)
The storage requirement for residential units is proposed to be increased from 100 cubic feet to
130 cubic feet to accommodate bicycles and other types of similar-sized items. Storage standards
also require that the storage area must be accessible from the outside to increase usability for
outdoor items. If community bike storage is provided, this requirement can be reduced or
eliminated.
Lighting, Section 9-4.137
Proposed lighting standards would require full shielding of all parking lot lights. The standards
would allow for an exception for decorative low-level lighting within outdoor use areas.
Standards reference requirements for dark sky-compliant fixtures and motion sensors with
dimmers for parking lot lighting to reduce light intensity at night. Exceptions may be granted by
the Community Development Director for areas where security concerns require higher-level
lighting, such as ATMs.
Page 102 of 244
6/11/24 | Item B1 | Staff Report
CONCLUSION:
Implementation of Objective Design Standards and associated modifications is intended to help
streamline the design and review of multi-family and mixed-use residential projects. The
proposed building design standards are organized into a menu-style list, where projects are
required to select a certain number of objective features based on the size, scale, or zoning of
the project. The menu style list of design standards allows for flexibility while allowing for design
standards that are scaled to the project scope. Standards have been reviewed by a local architect
and past projects have been compared against the objective standards to ensure feasibility.
ALTERNATIVES:
1. The City Council may make modifications regarding the proposed text amendments. Any
proposed modifications should be clearly restated in any vote on any of the attached
resolutions.
2. The City Council may determine that more information is needed on some aspect of the
amendments and may refer the entire text amendments or a portion thereof back to staff
and the consultant 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 all or a portion of the proposed amendments.
FISCAL IMPACT:
None.
REVIEWED BY OTHERS:
This item has been reviewed by the City Attorney, as well as the Community Development
Director, Phil Dunsmore, and the Planning Commission at their May 7th Hearing.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENTS:
1. Draft Ordinance
1A. Objective Design Standards
1B. Title 9 Amendments
2. Draft Objective Design Standards Mixed-use Project Checklist
3. Draft Objective Design Standards Multifamily Project Checklist
Page 103 of 244
6/11/24 | Item B1 | Attachment 1
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, AMENDING TITLE 9:
PLANNING & ZONING, TO ADOPT OBJECTIVE DESIGN STANDARDS
AND OTHER RELATED AMENDMENTS FOR CONSISTENCY
OBJECTIVE DESIGN STANDARDS
(CPP21-0053)
WHEREAS, the 2021-2028 6th Cycle Housing Element was adopted by the City Council
on November 10, 2020, and found by the California Department of Housing and Community
Development to be in substantial compliance with State housing element law; and
WHEREAS, on November 10, 2020, the City Council authorized application for and
entering into agreement for the Regional Early Action Planning (REAP) Grant Program funds with
the San Luis Obispo Council of Governments (SLOCOG) and Association of Monterey Bay Area
Governments (AMBAG); and
WHEREAS, the REAP Grant Program is focused on helping jurisdiction implement
programs to the accelerate housing production and meet 6th Cycle Housing Element Regional
Housing Needs Allocation (RHNA) requirements; and
WHEREAS, the City of Atascadero was awarded REAP Grant Program funds to
implement activities identified in the 6th Cycle Housing Element, including Objective Design
Standards; and
WHEREAS, State law defines objective design and development standards as those that
involve no personal or subjective judgement by a public official, and are uniformly verifiable by
reference to an external and uniform benchmark and criterion available and knowable by both the
development applicant or proponent and public official; and
WHEREAS, the Housing Accountability Act (HAA), Government Code section 65589.5,
limits a municipality's ability to deny, reduce the density of, or make infeasible a housing
development project (2 or more units), emergency shelter, or transitional/Supportive housing that
are consistent objective design and development standards; and
WHEREAS, California Senate Bill 35, Government Code section 65913.4, and Assembly
Bill 2011, Government Code section 65912.110-140 require that qualifying multi-unit residential
or mixed-use projects be ministerially approved if in compliance with objective design and
development standards; and
WHEREAS, the City of Atascadero (6500 Palma Avenue, Atascadero, CA 93422), is
considering Zone Change Text Amendments to Title 9 to adopted Objective Design Standards;
and
Page 104 of 244
6/11/24 | Item B1 | Attachment 1
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact amendments to Title 9 Planning and Zoning of the Atascadero Municipal Code for
consistency with the General Plan and to maintain a clear and legible set of Zoning Regulations
that is easily interpreted by the public and staff; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and
Zoning Text Change application was held by the Planning Commission of the City of Atascadero
at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and
Zoning Text Amendments; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to.
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 Title 9
Atascadero Municipal Code amendments on May 7, 2024 at which hearing evidence, oral and
documentary, was admitted on behalf of said 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 June 11, 2024, considered testimony and reports from staff and the public and
introduced for first reading, by title only, an Ordinance amending 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:
A. Findings for Zone Text Amendment:
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.
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 establishes objective design standards for multi-family and
mixed-use developments, consistent with State law, and makes other minor
modifications to Title 9 for consistency.
3. FINDING: The Text Change will not, in itself, result in significant environmental
impacts.
Page 105 of 244
6/11/24 | Item B1 | Attachment 1
FACT: The proposed text amendment establishes design standards consistent with
State law and will not result in an environment impact.
SECTION 4. CEQA. Because of the facts set forth in Section 3, 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 the following exhibits:
Exhibit A: Objective Design Standards (Establishment of AMC section 9-4.130)
Exhibit B: Title 9 Amendments
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 106 of 244
6/11/24 | Item B1 | Attachment 1
INTRODUCED at a regular meeting of the City Council held on June 11, 2024, and
PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of
California, on ___________ 2024.
CITY OF ATASCADERO:
____________________________________
Heather Moreno, Mayor
ATTEST:
_____________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Dave Fleishman, City Attorney
Page 107 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 1 EXHIBIT A: Objective Design Standards (establishment of AMC 9-4.130) Title 9 Planning and Zoning
Section 9-4.130 Multifamily and Mixed-use Building Design Standards (a) Purpose. This Section establishes objective design standards (ODS) intended to facilitate high-quality site planning and building design and to accelerate housing production through the clear communication of design objectives and efficient permitting process for qualifying residential and mixed-use development projects. (b) Applicability. This Section applies to: (1) New multifamily residential development consisting of two or more units and mixed-use development pursuant to any provision of state law which references objective design standards, including but not limited to Government Code Section 65589.5 (Housing Accountability Act) and
Section 65913.4, as may be amended from time to time; and (2) The following remodels and additions to multifamily residential or mixed-use development: (i) Any upper story addition; (ii) An addition of more than forty percent (40%) of the existing floor area or greater than five thousand (5,000) square-feet, whichever is less; (iii) Remodels where alterations remove more than fifty percent (50%) of the exterior
walls or remove more than fifty percent (50%) of the roof framing; and (iv) Conversion of existing nonresidential space to a residential use. (c) Alternative Review Process. Projects that elect to deviate from the objective design standards in this Section shall be subject to the approval of a Conditional Use Permit. (d) Relationship to Other Standards and Requirements. Development projects subject to this Section shall also comply with all other applicable standards and requirements of Title 9 (Planning and Zoning) for the zoning district in which a proposed project is located. Where a conflict exists between the objective design standards set forth in this Section and other Title 9 requirements, these provisions shall apply. (e) Building Types. The objective design standards establish regulations for the following general building types within a multifamily or mixed-use development: Mixed-use, Duplex, Triplex, Fourplex, Multiplex (5+ units), and Cottage Cluster. Where these regulations do not state which standards apply to a particular building type, the standards shall apply to all building types. Table 9.4.130-1: Allowable Building Type by Zoning District Zoning Districts that Allow Multifamily Residential Allowable Building Types Downtown Commercial (DC) Mixed-use Downtown Office (DO) Commercial Neighborhood (CN) Commercial Professional (CP) Commercial Retail (CR) Commercial Service (CS) 6/11/24 | Item B1 | Attachment 1A
Page 108 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 2 Table 9.4.130-1: Allowable Building Type by Zoning District Zoning Districts that Allow Multifamily Residential Allowable Building Types RMF-24 – High-Density Residential Multifamily Duplex / Triplex / Fourplex Multiplex (5+ units) RMF-10 – Medium Density Residential Multifamily Duplex / Triplex / Fourplex Multiplex (5+ units) / Cottage Cluster (f) Building Design and Articulation. (1) Number of Strategies Required by Building Type. All buildings shall incorporate the number of design strategies indicated in Table 9-4.130-2. Where “all” is indicated, all design strategies in that Subsection must be incorporated. Where a number is indicated, projects must include that number of design strategies, choosing from the design strategy options listed in respective Subsections (3), (4), and (5) below. Table 9-4.130-2: Minimum Required Number of Design Strategies by Building Type Building Type Minimum Number of Required Design Strategies Incorporated Tier 1 Tier 2 Tier 3 Tier 4 Mixed-use in Commercial Zones: Buildings 25 ft or less in width All 0 3 1
Buildings between 25 ft - 50 ft in width All 1 3 1
Buildings more than 50 ft in width All 2 3 2 Mixed Use in DC or DO Zones Buildings 25 ft or less in width All 0 3 1
Buildings between 25 ft - 50 ft in width All 1 3 1
Buildings more than 50 ft in width All 2 3 1 Multiplex (5+ units): Buildings 50 ft or less in width All 1 3 2
Buildings more than 50 ft in width All 2 3 2 Duplex, Triplex, Fourplex, or Cottage Cluster All 0 2 1 (2) Tier 1 Design Strategies: Required Components. Projects shall comply with all standards listed in this Subsection, as required by Table 9.4.130-2. (i) Minimum Ground Floor Height in Nonresidential Zoning Districts. a. Ground Floor Height. The minimum floor-to-unfinished ceiling height of ground floor spaces shall be ten (10) feet. b. Measured. Floor-to-ceiling height shall be measured from the top of the finished floor to the bottom of the ceiling joists. (ii) Transparencies. All façades that face streets or pedestrian plazas shall incorporate windows and openings providing light to adjacent spaces, rooms, and uses as follows: a. Nonresidential Ground-Floor Uses. 6/11/24 | Item B1 | Attachment 1A
Page 109 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 3 1. Windows and openings of nonresidential uses on the ground floor facing primary streets shall constitute a minimum of thirty percent (30%) of the ground floor street-facing building façade. 2. Windows and openings of nonresidential uses on the ground floor facing a street other than a primary street shall constitute a minimum of twenty percent (20%) of the ground floor street-facing building façade. Figure 4-a: Transparencies 3. Windows shall provide a clear and transparent view into ground-floor nonresidential uses, or shall display merchandise to reinforce a pedestrian scale. See Section 9-4.130(i)(2)(ii) regarding allowed tinting. 4. The ground floor street-facing building façades shall be measured from the ground floor of the first story to the finished floor of the second story. b. Nonresidential Upper-Floor Uses. Windows and openings of nonresidential uses on upper floors that face streets shall constitute a minimum of fifteen percent (15%) of upper floor street-facing building façades. Upper-floor street-facing building façades shall be measured from the finished floor of the second story to the finished ceiling of the uppermost story. c. Residential Uses. Windows and openings of residential uses shall constitute a minimum of fifteen percent (15%) of all street-facing and common area facing building façades. (iii) Windows. A minimum of eighty percent (80%) of windows (based on window square footage) shall be inset by at least two (2) inches from face of glass to face of trim (or to face of exterior wall if there is no trim). (iv) Blank Walls. The maximum length of any blank wall that is visible to adjacent properties or rights of way, (meaning without a window, opening, or other massing 6/11/24 | Item B1 | Attachment 1A
Page 110 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 4 break), shall be limited to twenty (20) feet in length, applicable to each story of any development. (v) Corner Treatments. For mixed-use projects, the corner(s) of a building located at the intersection of two streets (or a street and a public plaza) shall incorporate at least two (2) of the features listed below within twenty-f ive (25) feet of the corner of the building: a. An entry to ground floor retail or primary building entrance. b. Change in material from the rest of the façade, applied to a minimum of eighty (80) percent of the building height. See Section 9-4.130(i)(1). c. Change in color from the rest of the façade, applied to a minimum of eight (80) percent of the building height. Colors shall be returned at least four (4) feet from exterior corners or dead end into a projecting or recessed massing break on the perpendicular wall, whichever is less. (This option may not be chosen as one of the two required features if a change in material is chosen as the other required feature.) d. Change in fenestration pattern from the rest of the façade, applied to a minimum of eight (80) percent of the building height. e. A three-dimensional tower element, which extends between three (3) and six (6) feet in height above the top of the adjacent building façades or a change in height of at least four (4) feet above or below the height of the abutting adjacent façade; and/or f. A different roof type from the roof type associated with the abutting adjacent façade. (see section 9-4.130(g)(3)) (3) Tier 2 Articulation/Design Strategies: Wall Plane Variation. All façades facing the public right-of-way shall include variation that cumulatively equals at least twenty-five percent (25%) of the total façade plane area that faces the public right-of-way. To achieve the twenty-five percent (25%) wall plane variation, projects shall incorporate, at a minimum, the number of design strategies identified in Table 9.4.130-2 for Tier 2, choosing from the list of design strategies in Subsection (f)(3)(i). (i) Menu of Wall Plane Variation Design Strategy Options. a. Plaza or forecourt. Provide a plaza or forecourt framing the entrance. The minimum dimensions of a plaza or forecourt shall be a minimum of twelve (12)
feet in depth by twenty percent (20%) in length, measured as a percentage of the building façade's length. b. Upper story stepback. Provide an upper story (top-most or all stories above ground floor) front stepback, a minimum of eight (8) feet in depth by at least fifteen percent (15%) in length of the primary street-facing building façade. c. Balconies. Provide balconies in compliance with Section 9-4.130[g][2]), which may be recessed or projected. d. General Massing Break. Provide a general massing break (recessed or projected) with minimum dimensions of one (1) foot in depth by three (3) feet in length by
eight (8) feet in height.
6/11/24 | Item B1 | Attachment 1A
Page 111 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 5 e. Full Brick Façade. Brick or brick veneer shall cover at least ninety percent (90%) of the total nontransparent façade, allowing ten percent (10%) for trim and accents.
For building facades less than fifty (50) feet in length, if all façades fronting the public right-of-way are finished with brick or brick veneer, the project is exempt from the twenty-five percent (25%) wall plane variation requirement indicated in Subsection 9-4.130(f)(3). See also Subsection 9-4.130(i)(1)(ii) regarding returning materials at corners. Figure 4-b: Wall Plane Variation Options Figure 4-c: How to Measure Wall Plane Variation 6/11/24 | Item B1 | Attachment 1A
Page 112 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 6 (ii) Vertical Elements on Horizontal Buildings. Buildings wider than fifty (50) feet shall
include at least one (1) Tier 2 design strategy that adds a vertical element to offset the horizontal width of the building. The vertical element shall be taller than it is wide. Figure 4-d: Vertical Elements (iii) Wall Plane Variation Projections into Front Setbacks. Up to fifty percent (50%) of the wall plane variation requirement shall be allowed to encroach into a required front setback two (2) feet or more beyond the required front setback. However, in no case shall a building encroach into the public right-of-way. Figure 4-e: Projections into Front Setbacks (iv) Measurement. Wall plane variations shall be measured from the building’s ground-floor footprint, regardless of the setback. (4) Tier 3 Articulation/Design Strategies: Fenestration and Materials. Projects shall incorporate, at a minimum, the number of design strategies identified in Table 9.4.130-2 for Tier 3, choosing from the following list of design strategies: (i) For nonresidential uses, provide awnings with a minimum three-foot (3) depth,
covering at least seventy-five percent (75%) of windows and doors on the ground floor (see Section 9-4.130[g][1]) on street facing façades. 6/11/24 | Item B1 | Attachment 1A
Page 113 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 7 (ii) Exceed all applicable minimum transparency requirements (per Section 9-4.130[f][2][ii]) by an additional five (5) percentage points on façades facing streets and common open space areas. (iii) Window trim, with a minimum width of three and a half (3½) inches and depth of three-quarters (3/4) of an inch, applied to one hundr ed percent (100%) of all windows on façades facing streets and common open space areas. (iv) Window frame material that is not white vinyl (all windows). (v) Lintels applied over at least fifty percent (50%) of all window and door openings on façades facing streets and common open space areas. (vi) Windowsills projecting a minimum of two (2) inches beyond the building façade, applied to at least fifty percent (50%) of all window openings on façades facing streets and common open space areas. (vii) Decorative trim materials applied to define a façade plane change between stories (not at the roof level) such as molding, cornice, corbeled end beams, and/or rafter tails, projecting a minimum of 18 inches beyond the building façade and running the length of the façade plane change, which shall be applied to no less than 50 percent of the street-facing façade length. Figure 4-f: Decorative Trim (viii) Post and beam supports, with a minimum dimension of six inches, applied under all balconies. 6/11/24 | Item B1 | Attachment 1A
Page 114 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 8 Figure 4-g: Post and Beam Supports (ix) Use of a secondary cladding material that is different from the primary cladding material as follows (see Section 9-4.130[i][1] for materials requirements): a. Duplex, Triplex, Fourplex, or Cottage Cluster. Secondary cladding material applied for a minimum of ten percent (10%) of any street-facing façade area (excluding windows and doors), or four (4) feet of cladding along the base for the full width of the street-facing façade. b. Multiplex and Mixed Use. Secondary cladding material applied for a minimum of twenty-five percent (25%) of any street-facing façade area (excluding windows and doors), or the first story of the street-facing façade (measured from the finished floor of the first story to the finished floor of the second story). (5) Tier 4 Articulation/Design Strategies: Roofs. Development projects subject to this Section shall implement the number of components listed in Table 9.4.130-2 (Minimum Required Number of Articulation/Design Strategies by Building Type) for Tier 4 (Roofs), choosing from the following list of strategies: (i) Eaves and rakes, with an eighteen-inch (18) minimum projection, on all roof sections. (ii) Corbeled end beams or rafter tails at eaves, projecting a minimum of sixteen (16) inches beyond the building façade and placed at a distance of between two (2) and three (3) feet between each corbeled end beam/rafter tail, for the length of each roof eave. (iii) A cornice either: a. Projecting a minimum of one (1) inch and a maximum of eight (8) inches, extending the length of the building except for areas with a continuous vertical feature; or b. On an all brick building, a soldier row. (iv) Variation in the roof profile, by either: 6/11/24 | Item B1 | Attachment 1A
Page 115 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 9 a. Varying the height of the same roof type by at least eighteen (18) inches in height
for one (1) to three (3) unit exposed on that elevation; b. Varying the pitch of the same roof type by fifteen percent (15%); c. Adding gables, equal to at least forty percent (40%) of the façade length. Figure 4-h: Gables (v) Combining more than one roof type; the secondary roof type shall represent at least fifteen percent (15%) of the total roof line. See Se ction 9.4-130[g][3] for roof standards. Implementation of this option may also be used to comply with Section 9-4.130(f)(2)(v)(f) if applied at a corner. (vi) Dormers applied to at least fifty percent (50%) of the windows of a street-facing upper floor, but no less than two (2) windows. (g) Requirements for All Awnings, Balconies, Roofs, Mechanical Equipment, and Detached Accessory Structures. The following standards shall apply to all awnings, balconies, roofs, mechanical equipment, and detached accessory structures: (1) Awnings. (i) Awnings shall be a minimum of five percent (5%) larger than the width of the opening to emphasize building proportions. (ii) Awnings shall be aligned with awnings on adjacent buildings within plus or minus one (1) foot in height unless the ground-floor elevation is more than plus or minus one (1) foot from other buildings due to topography changes. (iii) Awnings shall be constructed of canvas, wood, or metal. (iv) Awnings or canopies may encroach into the public right-of-way over the sidewalk, extending to a distance within two (2) feet from the face of a curb. Any awning that 6/11/24 | Item B1 | Attachment 1A
Page 116 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 10 encroaches into the public right-of-way shall maintain a minimum vertical clearance above the sidewalk of eight (8) feet as measured from grade. (2) Balconies. (i) When private balconies project from a building façade, the maximum depth shall be ten (10) feet, measured from the building’s ground-floor footprint. (ii) To count toward required open space, balconies shall be a minimum of six (6) feet in
width and four (4) feet in depth, and eight (8) feet in height. Balconies that do not meet these minimum dimensions may still be used as a design strategy to meet Tier 2
minimum requirements per Table 9-4.130.2. (iii) When balconies project into the public right-of-way, such balconies shall maintain a minimum vertical clearance above the sidewalk of sixteen (16) feet. Figure 4-i: Balcony Project/Recess (3) Roofs. (i) Allowed Roof Types. Roofs shall be one of the following types: a. Gable; b. Flat; c. Shed; or d. Hipped. (ii) Regulations for Flat Roofs. Flat roofs, applied as either a primary or secondary roof type, are allowed provided they incorporate at least one of the following: a. A cornice, projecting a minimum of four (4) inches a nd a maximum of eight (8) inches, extending the length of the flat roof. 6/11/24 | Item B1 | Attachment 1A
Page 117 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 11 b. Eaves with an eighteen (18) inch minimum projection, extending the length of the flat roof. c. For buildings with a full brick façade in compliance with Section 9.4-130(f)(3)(i)(e), use of a soldier course on the topmost row (perpendicular to the rest of the field), as a border treatment. (iii) Regulations for Gable Roofs. Where the nonvertical side of a gable roof faces the street or a common area, additional gables equal to at least twenty-five percent (25%) of the façade length are required along the street-facing or common area facing side. If no additional gables are provided, the vertical side of a gable shall be oriented toward the street. (iv) Regulations for Shed Roofs. Shed roof types, applied as either a primary or secondary roof type, shall be subject to the following standards: a. A pitch of at least two (2) in twelve (12); and b. Eaves with a two (2) foot minimum projection, extending the length of the shed roof. (v) Prohibited Roof Types. Mansard roof types are prohibited. (4) Mechanical Equipment. Mechanical equipment shall be screened pursuant to Section 9-4.128 (Fencing and screening). (5) Detached Accessory Structures. Detached accessory structures shall be designed to be consistent with the architecture of the main building, using the same materials and colors. (h) Entryway Standards. (1) Allowable Entryway Types by Building Type. (i) All building designs shall incorporate at least one (1) of the entryway types allowed
for that building type, as identified in Table 9.4.130-3 and described in Subsections (2) and (3) below. Table 9.4.130-3: Allowed Entryway Types by Building Type Building Type Entryway Type Shopfront Arcade Stoop/Porch Mixed-use Allowed Allowed -- Multiplex (5+ units) -- Allowed Allowed Duplex, Triplex, Fourplex, or Cottage Cluster -- -- Allowed (2) Requirements for All Entryway Types. (i) Entries associated with individual ground-floor dwelling units or a lobby entrance serving several units shall be oriented toward a street or internal pathway/courtyard. (ii) Within vertical mixed-use buildings, pedestrian access to the residential uses shall be separate from access points to commercial uses, such as via a lobby. (3) Standards for Individual Entryway Types. (i) Shopfront Entryway Requirements. 6/11/24 | Item B1 | Attachment 1A
Page 118 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 12 Table 9.4.130-4: Shopfront Entryway Elements Shopfront Element Minimum A Width of storefront bay(s) 6 feet
B Height to bottom of awning/canopy (clear) 8 feet C Height of bulkhead 2 feet a. A shopfront entry may be recessed or in line with building footprint. b. Storefront glass must be clear without reflective coating and must comply with Section 9-4.130(i)(2)(ii). c. Glass in transom and clerestory windows may be clear, stained glass, or frosted glass. d. Doors shall use the same materials and design as display windows and framing. e. Bulkheads, where used, may include any of the following materials: ceramic tile, wood panels, polished stone, or glass tile. f. Awnings shall comply with Section 9-4.130(g)(1). Figure 4-j: Shopfront Entry 6/11/24 | Item B1 | Attachment 1A
Page 119 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 13 (ii) Arcade Entryway Requirements. Table 9.4.130-5: Arcade Entryway Elements Arcade Element Minimum A Depth - façade to interior column face 8 feet B Length along frontage - percent of building façade width 75% C Height - sidewalk to ceiling 12 feet a. Along primary frontages, arcade column spacing shall correspond to building entries. b. Column height shall be between four (4) to six (6) times the column width. Column spacing and colonnade detailing, including lighting, shall be consistent with the style of the building to which it is attached. c. If applied to a stand-alone residential building, an arcade’s elevated walkway shall not count as a design strategy to meet the wall plane variation requirements of Section 9-4.130(f)(3). Figure 4-k: Arcade Entry (iii) Porch Entryway Requirements. Table 9.4.130-6: Porch Frontage Elements Cottage Cluster, Duplex/Triplex/Fourplex Multiplex Frontage Element Minimum Maximum Minimum Maximum A Depth (not including stairs) 4 feet -- 7 feet --
B Width 6 feet -- 12 feet --
6/11/24 | Item B1 | Attachment 1A
Page 120 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 14 Table 9.4.130-6: Porch Frontage Elements Cottage Cluster, Duplex/Triplex/Fourplex Multiplex Frontage Element Minimum Maximum Minimum Maximum C Floor Height (measured from adjacent finished grade) -- 5 feet -- 4 feet D Height (measured from porch floor to ceiling) 8 feet 12 feet 9 feet 12 feet a. Porches shall correspond directly with the building entry(s) to which the porch provides access. Porches may include a gabled entry, distinct change in roof line or columns, or have some other significant architectural distinction to define the entryway. b. Exterior stairs leading to the porch may be perpendicular or parallel to the adjacent sidewalk. c. Landscaping shall be planted to the sides of the landing, either at grade or in raised planters. For porches greater than six (6) feet in width, landscaping may be provided next to the porch or on the porch landing, either at grade or in raised planters. d. For projecting porches, porch depth shall be measured between the wall and the outside column face. Porch width shall be measured from the outside of corner columns. Where no columns exist (in the case of a cantilever or half wall), porch width and depth shall be measured from the edge of any stoop and the inside edge of any half wall. e. For recessed porches, porch depth shall be measured between the recessed portion of the wall and the ultimate building façade. Porch width shall be measured between the walls, with no point being less than the required minimum width. Figure 4-l: Projecting Porch Entry 6/11/24 | Item B1 | Attachment 1A
Page 121 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 15 Figure 4-m: Recessed Porch Entry (i) Building Materials and Colors. (1) Exterior Wall Building Materials. (i) Allowed and Prohibited Exterior Wall Materials. Table 9-4.130-7 identifies allowed and prohibited exterior building wall materials. 6/11/24 | Item B1 | Attachment 1A
Page 122 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 16 Table 9-4.130-7: Exterior Wall Building Materials Wall Materials Standard Additional Regulations Brick (including brick veneer) P Stone (unpainted) P Veneer (not panels) Stucco P Fine sand or hand troweled only Finished wood, wood veneer, engineered wood, wood siding P Fiber cement siding and panels P Plaster (rated for outdoor use) P Metal (standing seam, coreten, or corrugated) P If colored, must be factory powder coated and not applied after market. Exterior Insulation Finishing System (EIFS) P Concrete (poured in place or precast) S Ceramic tile S Glass (transparent spandrel) A Glass (block) A Vinyl N Plastic N Gloss tiles N T-111 Plywood N Rough stucco N P: Primary or secondary material S: Secondary or accent material only A: Accent material only N: Not allowed/prohibited (ii) Veneers and Secondary Cladding Materials. Veneers and secondary cladding materials shall be returned at least four (4) feet from exterior corners or dead end into a projecting or recessed massing break on the perpendicular wall, whichever is less. (iii) Application Requirement. Detailed drawings shall indicate how sheet or panelized materials will be joined, and how lines formed by control joints related to other architectural details shall be provided. (2) Windows and Doors. (i) Mirrored glass is prohibited. (ii) Dark tinted glazing is prohibited; lightly tinted glazing that is less than fifteen percent (15%) and low emissivity is acceptable. (iii) Simulated divided lites are prohibited. (3) Cornices. Exterior decorative molding and cornices constructed with polyurethane foam are prohibited. (4) Color Variety. (i) The number of colors appearing on the entire building wall exterior shall be at least two (2) and not more than four (4) (or four (4) tones of the same color), including trim and accent colors. A different color roof shall not count as a different color for the purposes of this subsection. 6/11/24 | Item B1 | Attachment 1A
Page 123 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 17 (ii) Certain materials (such as brick or stone) have distinct coloring in their natural state and shall count as an element of color, to be incorporated into the overall design. (j) Transition to Abutting Rural and Single Family Uses. Where the side or rear property line abuts a property in the RR, RS, RSF, or LSF zoning districts, the following standards shall apply. (1) Minimum Setback. Multiplex (5+ units) and Mixed-Use with five units or more shall be setback at least ten (10) feet from the abutting RR, RS, RSF, or LSF zoning district property line. (2) Upper Story Stepback/Building Setback. Multiplex (5+ units) and Mixed-Use with five units or more shall comply with one of the following: (i) Upper Story Stepback. For buildings within fifteen (15) feet of an abutting RR, RS, RSF, or LSF zoning district, a minimum six-foot (6) stepback shall be provided on any of the portions of the building above 25 feet, applied to the façade of the building that faces the abutting RR, RS, RSF, or LSF zoning district; or (ii) Building Setback. Alternatively, the entire building may be set back at least fifteen (15) feet from the abutting RR, RS, RSF, or LSF zoning district property line. 6/11/24 | Item B1 | Attachment 1A
Page 124 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 18 Figure 4-n: Upper Story Stepback Figure 4-o: Building Setback 6/11/24 | Item B1 | Attachment 1A
Page 125 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 19 (3) Balcony Orientation. Balconies on buildings visible from and within 30 feet of the adjacent RR, RS, RSF, or LSF zoning district shall not be oriented toward the adjacent RR, RS, RSF, or LSF zoning district property line. (4) Landscape Buffer. A minimum five-foot-wide (5) landscape buffer (clear of any wall footings) shall be provided adjacent to a RR, RS, RSF, or LSF zoning district. Evergreen screening trees shall be: (i) Planted at a minimum interval of fifteen feet (15) along interior property lines abutting an RS, RSF, or LSF zoning district; (ii) Consist of species that attain a twenty-foot (20) minimum height at maturity; and (iii) Minimum fifteen-gallon (15) size at time of planting. (5) Screening Wall. A solid wall or fence not less than six (6) feet in height shall be placed and maintained on interior lot lines abutting property zoned for single-family residential use. (k) Additional Standards for Mixed-use (1) Ground Floor Space. Ground floor residential-serving spaces shall be limited to essential residential amenities including lobbies, mail areas, access to units, bicycle storage, and mechanical equipment, and shall not include gyms or other common interior gathering or recreation areas. (2) Mailboxes. In mixed-use developments, separate mailboxes and package delivery/pick-up areas shall be provided for the residential and commercial components of a project. (l) Additional Standards for Cottage Clusters (1) Applicability. All detached dwelling units, including attached single-family duplex units, constructed in multifamily zoning districts shall comply with this Section. Any housing project seeking a small lot subdivision must meet all of the following standards: (2) Site Planning. (i) A single cottage cluster must contain a minimum of three (3) and a maximum of twelve (12) cottages. A cottage cluster project may include more than one (1) cluster
with more than one (1) associated common courtyard. There is no limit to how many cottage clusters are permitted on a single lot. (ii) All cottages within a single cottage cluster, with five (5) or more units, must share a common courtyard. Four (4) or fewer cottages within a cottage cluster are not required to provide a common courtyard. (iii) Garages and carports (whether shared or individual) shall not abut more than twenty-five percent (25%) of a common courtyard’s perimeter. (iv) Allowed building types include single units and duplexes. (v) Where the parent parcel frontage is less than 100-feet, access shall be consolidated with one driveway serving all units, with the exception of existing access to an existing unit proposed to remain where that access cannot be designed to become the shared accessway. (3) Setbacks. (i) The setbacks from adjacent property lines along the perimeter of the cottage cluster development shall be the same as required by the underlying zoning district. 6/11/24 | Item B1 | Attachment 1A
Page 126 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 20 (ii) Cottage structures (comprised of either individual units or duplexes) shall be separated by a minimum distance of six (6) feet between walls. (4) Maximum Footprint. The footprint of each cottage shall not exceed eight hundred (800) square feet for a single detached unit and one thousand (1,000) square feet for a duplex. A communal garage or parking structure is permitted and is not subject to the maximum footprint requirements for cottages. The building footprint shall be measured by calculating the total square foot area of a building, when viewed directly from above, that covers a portion of a lot, except that the following structures or parts of structures shall themselves not be included in calculating building footprint: (i) Any part of a structure without a roof. (ii) Roof eaves. (iii) Carports, porches, and balconies that are open at least 50 percent of their respective sides. (iv) Detached garages or accessory buildings. (5) Open Space. All cottage cluster developments shall comply with Section 9-3.262(c) requirements for outdoor recreation or gathering areas, except cottage cluster developments with five (5) or more units shall have a common open space area (courtyard) to be shared by residents, subject to the following standards: (i) The common courtyard shall be at least fifteen (15) feet wide at its narrowest point and no less than four hundred (400) square feet. (ii) Each cottage within a cluster must either: f. Abut the common courtyard; g. Have a main entrance facing the common courtyard; or h. Be within ten (10) feet from a pedestrian path connecting to the common courtyard, measured from the façade of the cottage, to the nearest edge of the pedestrian path. A pedestrian path may include a common driveway crossing with alternative paving. (iii) The common courtyard shall be developed with a mix of landscaping, passive recreation area, pedestrian paths, and/or paved courtyard area, and may also include recreational amenities. Impervious elements of the common courtyard shall not exceed seventy-five percent (75%) of the total common courtyard area. (iv) Construction and installation of common area amenities shall be completed prior to approval of the final building permit for any unit abutting the courtyard. (6) Fences. (i) Exterior Fences Delineating the Original Project Boundary. Fences located along the original project boundary’s front, side, and rear property lines shall comply with Section 9-4.128(c)(1)(ii). (ii) Interior Fences Delineating Private Yards and Common Open Spaces. a. Fencing located within the interior of the original project site perimeter used to delineate private yards and common open space areas: 1. Shall not exceed forty-two (42) inches in height; 6/11/24 | Item B1 | Attachment 1A
Page 127 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 21 2. Shall be at least fifty percent (50%) transparent; and 3. Shall not consist of solid (e.g., board, cinder block), chicken wire, or white vinyl fencing (examples of allowed fencing material include split rail and framed welded wire fencing. b. Exception: Fencing used to delineate private yards within 10 feet of the original project boundary’s side and rear property lines may choose to instead comply with Section 9-4.128(c)(1)(ii).
(7) Pedestrian Access. (i) A pedestrian path shall be provided that connects the main entrance of each cottage to the following: a. The common courtyard (for clusters of five or more units) b. Shared parking areas; c. Sidewalks; and d. Public rights-of-way abutting the site. (ii) The pedestrian path must be hard-surfaced (concrete, asphalt, or pavers) and a minimum of three (3) feet wide.
(8) Existing Structures. An existing single-family dwelling and accessory uses and buildings on a lot to be used for a cottage cluster project may remain within the cottage cluster project area provided the structures comply with the standards in Subsections i – iii below. (i) The existing dwelling may remain and be nonconforming with respect to the requirements of Section 9-4.130(l) (Additional Standards for Cottage Clusters). (ii) The existing dwelling may be altered or expanded up to the allowed maximum height and maximum building footprint per Section 9-4.130(l)(4) (Maximum Footprint). Existing dwellings that exceed the maximum height and/or footprint standards may not be expanded. (iii) The existing dwelling shall be excluded from the calculation of maximum average dwelling size of a cottage cluster, per Section 9-3.331(g).
(9) Small Lot Subdivisions. For housing developments pursuing subdivision under the provisions of this Section, the following shall also be required: (i) All small-lot subdivisions within a multifamily zoning district must meet the cottage cluster standards (Section 9-4.103[l]) in addition to all applicable objective design standards for multi-family development (Section 9-4.130). (ii) A Master Plan of Development (approved in the form of a Conditional Use Permit) of the site shall be approved in accordance with applicable objective design standards set forth in Section 9-4.130. All construction and development shall be completed in conformance with the approved Master Plan of Development. (iii) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. (iv) Deed covenants and easements for shared amenities shall be recorded prior to recordation of the final map. 6/11/24 | Item B1 | Attachment 1A
Page 128 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 22 (iv) Alternative Compliance. For projects that meet the definition of a “small home lot development” pursuant to Government Code Section 66499.40, where a conflict exists between this Section and Government Code Section 66499.40, Government Code Section 66499.40 shall prevail. (m) Definitions 1. Abut. Contiguous to having district boundaries or lot lines in common (i.e., not separated by an alley, public or private right-of-way, or street). 2. Arcade. An Entryway Type where the facade is a colonnade on the ground floor that overlaps a walkway parallel to the front elevation of a building. 3. Articulation. The breaking up of a flat and uniform building façade by using recessed wall areas, indents, projections, changes in building materials, and detailed projecting features such as stoops, bay windows, awnings, canopies, and/or balconies. 4. Bay Window. A window or series of windows projecting from the outer wall of a building and forming a recess within. 5. Building Footprint. The area of the ground surface occupied by an existing or proposed structure, measured from exterior wall to exterior wall at the base of the structure. 6. Cornice. A molded and projecting horizontal feature that crowns a façade. 7. Cottage Cluster. A grouping of no fewer than three detached dwellings. 8. Duplex. A residential building with two units. 9. Dormer. A vertical window that projects from a sloping roof, which may be gabled or hipped. 10. Façade. Any exterior face or wall of a building. 11. Flat Roof. A roof without any sloped sides, with a pitch of ten (10) degrees or less.
12. Forecourt. Open area in front of a building’s entrance surrounded by walls on at least three sides. 13. Fourplex. A residential building with four units. 14. Gable Roof. A roof with two slopes joining at a single ridge line and a gable at each end. 15. General Massing Break. See “Massing Break.” 16. Hipped Roof. A roof with four sloped sides. The sides meet at a ridge at the center of the roof. Two of the sides are trapezoidal in shape, while the remaining two sides are triangular, and thus meet the ridge at its endpoints. 17. Lintel. A horizontal element over an opening, often found spanning doors or windows. Lintels can be structural/load bearing or ornamental. 18. Mansard Roof. A roof with two slopes on each of four sides, the lower steeper than the upper, or culminating in a flat roof at the ridge line. 19. Massing. The three-dimensional bulk of a structure: height, width, and depth. 20. Massing Break. Recess/projection measured from the building footprint with minimum dimensions of one (1) foot in depth by three (3) feet in length by eight (8) feet in height.
21. Mixed-use. 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. 6/11/24 | Item B1 | Attachment 1A
Page 129 of 244
ATASCADERO OBJECTIVE DESIGN STANDARDS DRAFT – MARCH 2024 23 22. Multiplex (5+ units). A residential building with five or more units. 23. Occupied Space. An enclosed space in a building intended for human activities, including bathrooms and circulation, but not including vehicle parking or space for other building functions such as storage, solid waste storage, building equipment, or computer servers. 24. Plaza. A public square or open space accessible to the public. 25. Porch. An Entryway Type, usually with outdoor steps, stairs, and/or a raised platform, where an entry door and corresponding landing area (entrance) are provided on the front elevation of a building on the ground floor, for the purpose of providing pedestrian access from the outdoor ground elevation to a building interior. A porch can be recessed or projected, but must be covered. 26. Public Realm. The area outside a building accessible or visible to the public, including public right-of-way, sidewalk easement, and publicly accessible open space. 27. Shed Roof. A roof shape having only one (1) sloping plane. 28. Stepback. The required or actual placement of a building a specified distance away from a road, property line, or other structure at a level above the first floor. 29. Street. A public or private right-of-way. 30. Transparency. The ability of a building or structure to visually transmit light, allowing for a clear view of the interior or exterior spaces via doors and windows. 31. Triplex. A residential building with three (3) units. 32. Unoccupied Space. An enclosed space in a building not intended for human activities but only for building services, such as storage, trash, equipment, building utilities. 33. Wall Plane Variation. Change in condition, character, or form of a continuous exterior wall implemented through one or more options outlined Section 9-4.130(f)(3)(ii). 6/11/24 | Item B1 | Attachment 1A
Page 130 of 244
Quality Code Data 11/1/2022, Page 1 EXHIBIT B: Proposed Municipal Code Text Amendment – Title 9 9-2.107 Design Review Committee. (a) Purpose. The Design Review Committee is established to implement the goals and policies of the General Plan. The intent is to ensure that the physical design of new development meets the following objectives: (1) Maintaining the rural character and identity of Atascadero; (2) Enhancing the appearance and character of the City, by reviewing the architecture and site plans for commercial, office, industrial, single-family residential subject to CEQA, and multifamily or mixed-use residential projects that are requesting a discretionary approval or exception; (3) Ensuring that development is compatible with surrounding uses and improvements by requiring building designs that provide appropriate visual appearance and site plans to mitigate neighborhood impacts. (b) Design Review Committee—Composition. The City Council shall appoint the Design Review Committee. The Design Review Committee shall consist of the following: (1) Two (2) members of the City Council; (2) Two (2) members of the Planning Commission; (3) One (1) at large member resident of the City. This at large member shall be a resident of the City. The Council shall choose an at large member that best fits the intent of the Design Review Committee. (c) Terms of Service. The Design Review Committee members from the City Council and Planning Commission shall serve a two (2) year term. This service term shall commence at the date of appointment. The at large member resident shall have a service term of two (2) years. This term shall begin at the date of appointment by the City Council. (d) Authority. The Design Review Committee has the authority to approve and make recommendations to the review authority (Director, Planning Commission, or City Council, depending on the project) in regards to the architectural appearance, signage, site plan, and landscape plan of the following projects: (1) All multifamily residential and mixed-use projects that do not comply with Section 9-4.130 (Multifamily and Mixed-use Building Design Standards) or that require discretionary action; (2) All nonresidential projects, including commercial, office, and industrial, unless determined to be minor and incidental by the Community Development Director ; (3) All Ppublic facility projects and buildings located in a highly visible area; (4) Development in an open space zoning district; (5) Any residential single-family residential development requesting a planned development permit; (65) Development projects requiring a conditional use permit, zone change (including requests for a planned development overlay zone), or general plan amendment. (e) Meeting. The Design Review Committee shall convene once a week, as needed. This meeting shall be open to the public and consist of a quorum of the Committee, the Community Development Director or their designee, and pertinent City staff members and the applicant. (f) Appearance Review Approval. The Design Review Committee shall take into consideration the following criteria in either approving or endorsing the design of a project, or making 6/11/24 | Item B1 | Attachment 1B
Page 131 of 244
Quality Code Data 11/1/2022, Page 2 recommendations for projects that require Planning Commission and/or City Council approval. The Design Review Committee may require or recommend additional conditions of approval. The following is a list of criteria that the Design Review Committee shall take into consideration: (1) Project design consistency with Tthe goals and policies established by the General Plan; (2) Project design consistency with the Gguidelines and standards for development set forth in the Atascadero Municipal Code and by the Appearance Review Manual; (3) The Finding that the proposed development plan is compatible with, and is not detrimental to, surrounding land uses, and improvements provide appropriate visual appearance. (g) Determination. (1) The Community Development Director shall provide the applicant with correspondence regarding the outcome of the meeting, including any additional recommendations or conditions of approvals that is are required or recommended by the Committee. (h) Compliance. All requirements imposed by the Design Review Committee shall be incorporated into a building permit and completed prior to permit final, unless altered by the decision-making body. Failure to comply with the requirements of the Design Review Committee for projects over which they have approval authority constitutes a violation of this code. (i) Appeals. Appeals of final decisions from the Design Review Committee, where the committee acts as the decision-making body, shall be made to the Planning Commission and filed within fourteen days (14) days of the Design Review Committee’s decision. Any additional appeals shall be consistent with Section 9-1.111 of this chapter. If the Design Review Committee cannot reach a decision on a design review issue, the Committee may refer this issue to the Planning Commission. 9-2.107 9-2.109 Precise plan. (a) Precise plan approval is required when a development or use of land is listed in a particular zoning district as an allowable use and when it is determined by the Planning Community Development Director that the development project, or the establishment of a use of land which is not a development project, is not eligible for a categorical exemption pursuant to Public Resources Code Section 21084 and the State EIR Guidelines. Precise plans consider the greater effects such uses may have upon their surroundings, and the characteristics of adjacent uses which could have detrimental effects upon a proposed use. Large-scale projects (multiple-family developments containing twelve (12) or more units, or nonresidential projects containing ten thousand (10,000) square feet or more of building or outdoor storage area) will require conditional use permit approval even if such uses are listed as allowable uses in a particular zoning district. The preparation and processing of a precise plan shall be as follows: (ba) Precise Plan Content. Precise plan applications shall include an application prepared as specified in Section 9-2.109, as well as the following:, as may be necessary, site plans, written descriptions of activities to be conducted, technical studies of site characteristics, and any other materials set forth on the application form or otherwise prescribed by City policy. (1) Preliminary Floor Plan. For all structural uses except single-family residences and agricultural accessory buildings; and (2) Architectural Elevations. For all structural uses except single-family residences and agricultural accessory buildings. Elevations, renderings or perspectives of each proposed structure shall be provided, identifying all exterior finish and roofing materials; and (3) Drainage Plan. When required by Section 9-4.148 or overlay district requirements; and 6/11/24 | Item B1 | Attachment 1B
Page 132 of 244
Quality Code Data 11/1/2022, Page 3 (4) Landscaping Plan. To be prepared as required by Section 9-4.124, for all uses, except single-family residences and agricultural accessory buildings; and (5) Contour Map. To be prepared as follows, except when a grading plan is required by Section 9-4.138: (i) Inside Urban Services Line. Site contour information shall be provided at five (5) foot intervals for undeveloped areas and two (2) foot intervals for building sites and paved or graded areas. (ii) Outside Urban Services Line. Site contour information shall be provided at ten (10) foot intervals, which may be interpolated from USGS Topographic Quandrangel Maps, for undeveloped areas, and at two (2) foot intervals for building sites and paved or graded areas. (iii) Areas in excess of thirty percent (30%) slope may be designated as such and contours omitted, unless proposed for grading, construction or other alteration. (6) Supplementary Development Statement. Shall include a phasing schedule for project construction if one is proposed and identification of any areas proposed to be reserved and maintained as common open space. Applications for special uses (Chapter 9-6) shall include explanation of how the applicable provisions of Chapter 9-6 will be met. (b) Precise Plan Processing. Precise plan applications shall be submitted to the Planning Department and shall be processed as follows: (1) Environmental Determination. A precise plan application accepted for processing as set forth in Section 9-2.102 shall receive an environmental determination as required by the California Environmental Quality Act (CEQA). The Planning Department shall process the application concurrently with the environmental determination. (2) Staff Report. The Planning Department shall prepare a staff report which: (i) Describes the characteristics of the proposed land use or development project, as well as the project site and its surroundings; and (ii) References applicable policies and regulations; and (iii) Determines whether the proposed use or project complies with the provisions of this title; and (iv) Sets forth any findings required to support the decision. Approval or conditional approval requires findings as set forth in Section 9-2.110(b)(3)(iv) for conditional use permits; and (v) Specifies any conditions necessary to assure compliance with this title or the mitigated adverse environmental effects. (3) Public Notice. After the staff report has been prepared, a notice shall be sent by first class mail with postage prepaid to all persons whose names and addresses appear on the last equalized assessment roll as owning property adjacent to the exterior boundaries of the project site. Additional notice may be provided when appropriate by the Planning Director. The notice shall describe the proposed use and explain how interested people may obtain additional information about the project. The notice shall inform the property owners in the vicinity of a precise plan proposal of their opportunities to review, comment upon, and appeal the approval of the project, if desired. (4) (c) Review and Approval. The Planning Community Development Director shall approve a precise plan application at the end of the public notice period when the proposed project or use satisfies all applicable provisions of this title. The approval shall become effective for the purpose of issuance of a building or grading permit, or establishment of a use not involving construction, fourteen (14) days after the notice has been sentapproval, unless an appeal is filed with the Planning Department as set forth in subsection (bd)(5) of this section. (5d) Appeal of Precise Plan Decision. Any aggrieved person may appeal a decision on a precise plan application as set forth in Section 9-1.111; provided, that the only basis for an appeal or action on an 6/11/24 | Item B1 | Attachment 1B
Page 133 of 244
Quality Code Data 11/1/2022, Page 4 appeal by the Planning Commission or City Council shall be whether the proposed use satisfies all applicable provisions of this title. 9-2.109 9-2.110 Conditional use permit. (a) The conditional use permit is the process used to review land use proposals of a nature or magnitude which could significantly affect their surroundings. Such land use proposals include: (1) Uses that are shown as conditional uses in a particular zoning district; or (2) Multiple-family and mixed-use residential developments consisting of twelve (12) or more units, even if such a development is listed as an allowed use in a particular zoning district, if the proposed development is not compliant with Section 9-4.130 (Multifamily and Mixed-use Building Design Standards),; and/ or if the project includes fifty (50) or more dwelling units. (3) Nonresidential development containing fifty thousand (50,000) square feet or more of building footprint area, even if such a development is listed as an allowable use in a particular zoning district; or (4) Outdoor commercial and industrial sales and storage developments as defined by Section 9-9.102 of ten thousand (10,000) square feet or more, even if such a development is listed as an allowable use in a particular zoning district. (b) Because of the intensity or specific characteristics of such uses, public review and input into decisions on whether to approve such proposals is needed. That input is given in a public hearing before the Planning Commission. The conditional use permit is a discretionary approval and the Planning Commission may approve or disapprove a conditional use permit or may adopt additional conditions of approval. Conditional use permit applications may be denied by the Planning Commission because of specific findings identified through public hearing testimony or because of provisions of this title. When conditional use permit approval is required, preparation and processing of the application shall be as follows: (1) Conditional Use Permit Content. Applications shall be made to the Community Development Department in the form prescribed by the Community Development Director or their designee, including, as may be necessary, site plans, written descriptions of activities to be conducted, technical studies of site characteristics, and any other materials set forth on the application form or otherwise prescribed by City policy.The content of a conditional use permit application is to be the same as required for the precise plan use by Section 9-2.109(a). (2) Conditional Use Permit Processing. Conditional use permit applications shall be submitted to the Planning Department and shall be processed as follows: (i) Environmental Determination. A conditional use permit application accepted for processing as set forth in Section 9-2.102 shall receive an environmental determination as required by the California Environmental Quality Act (CEQA). The Planning Department shall process the application concurrently with the environmental determination. (ii) Staff Report. The Planning Department shall prepare a staff report which: a. Describes the characteristics of the proposed land use or development project, as well as the project site and its surroundings; and b. References applicable policies and regulations; and c. Determines whether the proposed use or project satisfies at minimum the provisions of this title; and d. Recommends whether, and on what basis the proposal should be approved, conditionally approved or disapproved. 6/11/24 | Item B1 | Attachment 1B
Page 134 of 244
Quality Code Data 11/1/2022, Page 5 (iii) Public Hearing. The Planning Director shall schedule the conditional use permit for public hearing before the Planning Commission as set forth in Section 9-1.110. (32) Approval. The authority to take final action on a conditional use permit as set forth in this subsection is assigned to the Planning Commission, provided that such decisions may be appealed to the City Council (Section 9-1.111, Appeal), and unless combined with other applications requiring City Council approval. (i) Conditions of Approval. After the conclusion of a public hearing, the Planning Commission may approve, conditionally approve, or disapprove the conditional use permit. In conditionally approving a conditional use permit, the Planning Commission shall designate such conditions to satisfy any requirements of CEQA, and to: a. Secure compliance with the objectives and requirements of this title and the General Plan; and b. Designate time limits or phasing schedules other than those specified in Section 9-2.112 for the completion of projects when deemed appropriate. (ii) Additional Conditions. In addition to the conditions of Section 9-2.110(b)(3)(i), the Planning Commission may adopt other conditions, including, but not limited to: a. Requiring that security be provided to guarantee performance and/or compliance with conditions of approval, as set forth in Section 9-2.121; b. Requiring installation of specific on-site or off-site improvements; c. Requiring periodic review or limiting the permit to a specified period of time; d. Requiring that the permit be personal to the applicant or be applicable to the property; e. Any other conditions as are judged by the Planning Commission to be necessary to achieve compatibility between the proposed use and its site, its immediate surroundings, and the community . (iii) Effect of Conditions. Whenever a conditional use permit approval is granted or amended subject to conditions, use or enjoyment of the conditional use permit approval in violation, or without observance of any conditions shall constitute a violation of this title. In the event of such a violation, the approval may be revoked or modified as provided in Section 9-8.105. The duration of conditions is established in Section 9-2.118. Any change in the conditions of approval of a conditional use permit shall only be allowed after following all procedures undertaken for the original approval. (iv) Required Findings. If the Planning Commission approves or conditionally approves a conditional use permit, it shall first find thatThe following findings must be made to approve a Conditional Use Permit: a. The proposed project or use is consistent with the General Plan; and b. The proposed project or use satisfies all applicable provisions of this title; and c. 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; and d. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and 6/11/24 | Item B1 | Attachment 1B
Page 135 of 244
Quality Code Data 11/1/2022, Page 6 e. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the land use element; and f. The proposed project is in compliance with any pertinent city policy or criteria adopted by ordinance or resolution of the city council; and g. Any additional findings deemed necessary or listed within specific code sections. h. For a project that is defined as a “Housing Development Project” by the Housing Accountability Act (California Government Code Section 65589.5(h)(2)), the reviewing body must approve or conditionally approve the project unless it makes one of the following findings supported by a preponderance of the evidence in the record: 1. The project does not comply with all applicable objective General Plan, Zoning Regulations, Subdivision, and development standards including objective design review standards. 2. The project would result in a specific adverse impact to public health and safety that cannot be feasibly mitigated without denying the project or reducing its density. As used in this Section, a “specific, adverse impact” is defined by California Government Code Section 65589.5(j) and means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 3. (4) Effective Date. The approval of a conditional use permit shall become final and effective for the purposes of issuing a construction permit or establishing a nonstructural use fourteen (14) days following the Planning Commission approval unless prior to that time an appeal to the decision is filed as set forth in Section 9-1.111(b). 4. Types of Conditional Use Permits. The City has established three levels of use permit review related to project scale: Minor, Standard, and Major, with fees established for each by resolution of the City Council. Each type of conditional use permit shall follow the review process outlined in this Subsection 9-2.110(b). 9-2 9-2.122 Housing Accountability Act Streamlined Review (a) Projects defined as “housing development projects” by Government Code Section 65589.5(h)(2) are subject to unique regulations, including review timeframes, a limit on the number of public meetings, and specific findings in case of denial or a reduction in density. If conflicts occur between other procedures in Title 9 and the procedures of Government Code Section 65589.5(h)(2), Government Code Section 65589.5(h)(2), as it may be amended from time to time, control. -3.244 9-3.245 Minimum lot size—RMF Zone. The minimum lot size in the Residential Multiple-Family Zone shall be one-half (1/2) acre. Smaller lot sizes may be allowed for planned residential developments, including condominiums and mobilehome developments, provided that the overall density within the project conforms with Section 9-3.252. There shall be no minimum lot size for lots designed consistent with the small lot subdivision standards as set forth in Subsection 9-4.130(l)(9) (Small Lot Subdivisions). 6/11/24 | Item B1 | Attachment 1B
Page 136 of 244
Quality Code Data 11/1/2022, Page 7 9-3.252 Density—RMF Zone. The maximum allowable base density in the Residential Multiple-Family Zone shall be designated on the official zoning maps as provided by Section 9-3.104(c) and be consistent with the General Plan for new residential subdivisions as follows, provided that no minimum density is required for parcels of one-half acre or less: (a) Areas Designated Low Density Multiple-Family Residential. The minimum number of dwelling units per net acre is two (2). The maximum number of dwelling units per net acre is ten (10). (b) Areas Designated High Density Multiple-Family Residential. (1) Base Density. The minimum number of dwelling units per net acre is twenty (20). The maximum number of dwelling units per net acre is twenty-four (24). (2) To encourage smaller units that are affordable by design, maximum density may be calculated based on unit size. (c) Fractional Density. To encourage smaller units that are affordable by design, maximum density may be calculated based on unit size. Fractional density shall not be used to determine minimum density. (1) Calculation. The following density unit value attributed to unit sizes may be used for the purpose of calculating multi-unit maximum development density allowed on a high-density multi-family zoned parcel: (i) Units up to six hundred (600) square feet = one half (0.50) unit (ii) Units of six hundred one (601) square feet up to one thousand (1,000) square feet = two thirds (0.66) unit (iii) Units over one thousand (1,000) square feet = one (1) unit (2) Rounding. Maximum residential development potential shall be the net lot area (in whole and fractional acres), multiplied by the maximum density allowed. The resulting number (in density units, carried out to the nearest one hundredth [0.01] unit) shall be the maximum residential development potential. For example, when a calculation results in a density of 4.74 units, up to nine (9) units that are less than six hundred (600) square feet in size would be permitted; when a calculation results in a density of 4.75 units, up to ten (10) units less than six hundred (600) square feet in size would be permitted). Any combination of dwelling types and numbers may be developed, so long as their combined density unit values do not exceed the maximum potential. The rules of rounding stated in this section for fractional density shall supersede the rules of rounding stated in Section 9-1.109(b)(4). (3) For all regulations other than maximum density, (e.g., parking requirements, minimum density etc.), regulations shall be based on the number of units, not based on the number of fractional density units. (cd) Hillside Density Standards. The densities permitted by subsections (a), and (b), and (c) of this section shall be modified to the following base densities (prior to any fractional density calculation) based on site topography, as follows: Average Slope Low Density Multiple-Family (units/acre) High Density Multiple-Family (units/acre) Minimum Maximum 0—10.99% 10 20 24 11—15.99% 7 14 17 16—20.99% 5 10 12 21—25.99% 3 6 7 26—30.0% 2 4 5 6/11/24 | Item B1 | Attachment 1B
Page 137 of 244
Quality Code Data 11/1/2022, Page 8 > 30% 1 2 2 (ed) For medical extended care services, where residents are primarily non-ambulatory, the following maximum bed/net acre densities may be permitted, where subject to Planning Commission conditional use permit approval: RMF-10 District 34 beds/net acre RMF-24 District 55 beds/net acre Such approval shall require a finding that the average daily traffic generated by the project would not exceed that of a multifamily project. The project would be further subject tomust also meet the “percentage coverage”all property development standards and objective design standards of this code pertaining to multi-family developments and all pertinent code sections. constraints of subsection (a) of the district. Off-street parking requirements would be as established by the Planning Commission. (fe) Sewer Service. Sewer service and the inclusion of property within the urban services line (USL) shall be a prerequisite to developing multiple-family projects to the density standards of the RMF zone. (fg) Density Bonus. A density bonus and/or development concessions or waivers may be granted , subject to approval by the City Council through a master plan of development (CUP), consistent with Sections 9-3.801 through 9-3.806. (hg) In lieu of granting a density bonus, the Planning Commission shall consider other bonus incentives allowable under Government Code Section 65915. -3.260 9-3.262 Property development standards—RMF. In addition to the standards specified in Chapter 4 of this title, General Site Design and Development Standards, the following development standards shall apply to all residential projects of two or more units, including but not limited tothose projects that utilize modular units, mobile homes, or stock plans and multiple-family residential projects: (a) Reserved.Percent Coverage. The maximum percent of a lot that may be covered by structures (excluding decks less than thirty (30) inches from the ground) shall be forty percent (40%) for low density multiple-family projects and fifty percent (50%) for high density multiple-family projects. (b) Enclosed Storage – Accessible from Exterior. Each dwelling unit shall must be provided a minimum of one hundred thirty (1300) cubic feet of enclosed storage space, exclusive of closets located within units. Enclosed storage must provide an exterior entrance and , which may be located in either a principal or accessory building. Storage space for each unit or a portion thereof may be combined for the provision of bicycle parking and storage. All bicycle parking/storage must meet the following standards: (1) Bicycle parking/storage must be enclosed, lockable, and located within the residential or accessory building on the ground floor unless the building includes elevator access to upper floors. (2) Bicycle parking/storage must provide a minimum of one 110-volt electrical outlet and an additional outlet per ten bicycle parking spaces for charging electric bicycles. 6/11/24 | Item B1 | Attachment 1B
Page 138 of 244
Quality Code Data 11/1/2022, Page 9 (3) Bicycle parking/storage racks must be designed to allow the user to lock the bicycle to the rack and keep at least one bicycle wheel on the ground or provide a means for the user to roll the bicycle onto a rack and lift it up to a second level. (c) Outdoor Recreation or Gathering Areas. For developments of four (4) to seven (7) dwelling units, o (1) Size and Type of Open Space. Outdoor recreational or gathering open space shall must be provided at a ratio of three hundred two (300200) square feet per unit. (i) Two-, or three-, or four-unit projects This open space may must be provide outdoor spaced either as: (1) a private amenity designed for exclusive use of a dwelling unit; or (2) as common open space provided that no individual common open space area is less than one thousand (1,000) four hundred (400) square feet; or (3) a combination of private and common open space provided no individual common open space is less than four hundred (400) square feet. (ii) For developments of five (5) to nine (9) dwelling units, outdoor space must be provided as common open space or a combination of private and common areas, provided no more than 50 percent of the open space is private and no common open space is less than eight hundred (800) square feet. (iii) For developments of ten eight (810) or more dwelling units, outdoor recreational open space shall be provided as common open space or a combination of private and common areas, provided no more than 50 percent of the open space is private and no common open space is less than one thousand (1,000) square feet. Open space may include upper floor private or common gathering spaces. .provided at a ratio of three hundred (300) square feet per unit. This common open space may be provided in more than one (1) location provided that no individual open space area is less than one thousand (1,000) square feet. (2) Private Open Space Standards. Any private outdoor open space used to satisfy Section 9-3.262(c)(1) must meet the following standards: (i) Minimum dimensions must be six (6) feet (width and depth) in any direction. (ii) The private open space must be adjacent to, and directly accessible from, the residential unit being served. (3) Common Open Space Standards. CAny common open space areas used to satisfy Section 9-3.262(c)(1) must meet are subject to the following location requirementsstandards: (i) Minimum dimensions must be ten (10) feet (width and depth) in any direction. (ii) May be located at grade, on an upper floor terrace or courtyard, or a building rooftop, in the form of a roof deck. (iii) May not be located in drainage basins with a depth of two (2) feet or greater, areas without a flat bottom, and/or areas not accessible via pedestrian paths or trails to the units being served. (4) Common Open Space – Required Amenities. All projects shall incorporate the number of common open space amenities indicated in Table 9-3.262-1, choosing from the options listed in respective Subsections (i), (ii), and (iii) below. Table 9-3.262-1: Minimum Number of Required Common Open Space Amenities by Project Size Project Size Tier 1 Tier 2 Tier 3 2-4 units 1 1 1 5-9 units 1 2 1 6/11/24 | Item B1 | Attachment 1B
Page 139 of 244
Quality Code Data 11/1/2022, Page 10 10+ units 1 2 2 (i) Tier 1 Amenities. Projects must incorporate, at a minimum, the number of open space amenities identified in Table 9-3.262-1 for Tier 1, choosing from the following list of amenities: a. Open space that is designed as a courtyard entry for three (3) or more units that is physically separated from the parking area and directly accessible from, and oriented towards, a public street with a pedestrian pathway. For flag lots, the courtyard and pedestrian connection must be oriented to a shared parking lot. b. Shade covering a minimum of fifty percent (50%) of the outdoor common open space, which must include at least one canopy tree and may also be supplemented with shade covers. c. Public art or interactive art, such as sculpture, murals, or water features. A mural must measure at least one-hundred twenty (120) square feet; sculptures (including any decorative base) and water features must have a minimum cumulative footprint of twenty-five (25) square-feet. d. Preservation of an on-site native tree, heritage tree, as defined in Chapter 11 (Native Tree Regulations), or other healthy, mature tree, defined as a non-protected tree with a diameter-at-breast-height (DBH) of 12 inches or greater. (ii) Tier 2 Amenities. Projects must incorporate, at a minimum, the number of open space amenities identified in Table 9-3.262-1 for Tier 2, choosing from the following list of amenities: a. Fixed or movable seating or outdoor dining areas such as picnic-style tables, at a ratio of no less than one seat per unit with a maximum of 15 seats per project. b. An enclosed, off-leash dog run/relief/wash area that includes signage, pet waste bag, and disposal receptacle(s), and potable water connection for dog bowl refilling and dog wash capabilities. c. Children’s play area, subject to the following: (1) Projects of less than three (3) units: at least one (1) piece of permanent play equipment designed for children of all abilities and ages. (2) Projects of fourfive (45) to nine (9) units: at least two (2) pieces of permanent play equipment designed for children of all abilities and ages, or the equivalent in size, scale, and recreation diversity. (3) Projects of ten (10) or more units: with at least four (4) pieces of permanent play equipment designed for children of all abilities and ages, or the equivalent in size, scale, and recreation diversity. d. Sports court or other outdoor activity stations (ping pong, etc.). e. Pool or spa. f. Outdoor kitchen, subject to the following: (1) Equipment must be located at least twenty (20) feet from adjacent existing or proposed residential units. (2) Barbeque with a permanent natural gas line installed (3) A sink with waste line must be provided (4) An electrical outlet must be provided within the gathering space 6/11/24 | Item B1 | Attachment 1B
Page 140 of 244
Quality Code Data 11/1/2022, Page 11 g. Fire pit with permanent natural gas line installed located at least twenty (20) feet from adjacent existing or proposed residential units surrounded by hardscape that allows for seating. h. Patio area with a minimum one hundred fifty (150) square- feet and minimum dimension of ten (10) feet in any direction, constructed with decorative pavers or stamped/colored concrete without steps or grade changes more than five percent (5%). Up to fifty (50) square feet of the required area may be occupied by plantings and landscaping either in ground or potted. hi. Preservation of twenty-five percent (25%) of existing mature tree canopy over the entirety of the project site based on recommendations of a qualified arborist. (iii) Tier 3 Amenities. Projects must incorporate, at a minimum, the number of open space amenities identified in Table 9-3.262-1 for Tier 3, choosing from the following list of amenities: a. Vertical landscaping, either climbing or cascading vines or plants. b. Community garden, which must include the following: (1) At least one (1) potable water connection and irrigation to all gardening areas; (2) One (1) potting station, including a table no less than two (2) feet by four (4) feet; (3) One (1) compost bin; and (4) One (1) tool storage structure that is either designed to match the main structure’s appearance or is placed behind a principal building and designed and constructed with agrarian appearance, and sized adequately to contain gardening tools.. c. Flowering plants or edible landscape. d. One hundred percent (100%) native, drought-tolerant plants and habitat, unless combined with edible landscape, in which case at least seventy-five percent (75%) must be native, drought-tolerant plants, with the remainder edible landscape. e. Interpretive or educational information about geography, history, ecology, or indigenous history. f. Nature trail measuring no less than one quarter (¼) mile in length, defined as a path through undeveloped (no buildings, pavement, or utilities), vegetated areas, used for walking and seeing plants and wildlife. (5) Open Space Area – Additional Standards and Restrictions. Private and common open space areas intended to comply with Section 9-3.262(c)(1) must meet the following standards: (i) Except for trails, required open space areas must be located in a flat or terraced area of six percent slope (6%) or less; (ii) Required open space areas must not be met with areas designed primarily as walkways to doors, or other areas that cannot accommodate people gathering and/or are meant for a different purpose (such as a passageway); and (iii) If located in a primary, secondary, or corner street setback, open space use areas must be set back at least five (5) feet from the property line/edge of right-of-way. (d) Open Space Reductions. Open space requirements may be reduced as follows: 6/11/24 | Item B1 | Attachment 1B
Page 141 of 244
Quality Code Data 11/1/2022, Page 12 (1) Up to twenty-five percent (25%) of the required open space (Section 9-3.262(c)(1)) may be reduced if the project site is located within one thousand (1,000) feet of a publicly- accessible park, or up to fifty percent (50%) if located within five hundred (500) feet of a publicly accessible park. (2) For developments of fifty (50) units or more, up to twenty-five percent (25%) of the open space area may be satisfied with an indoor recreation area measuring at least two thousand (2,000) square feet and directly accessible to an outdoor common area. (ed) Screening Wall – Transition Zones Adjacent to Single Family. A solid wall or fence not less than six (6) feet in height shall be placed and maintained on interior lot lines abutting property zoned for single-family residential use.See 9-4.130(j) (Transition to Abutting Rural and Single Family Uses). (fe) Laundry Facilities. Laundry facilities shallmust be provided in the form of either: (1) laundry hook-ups within each individual dwelling unit; or (2) a shared laundry facility equipped with washers and dryers at a ratio of one (1) washer and dryer for every six (6) units. (gf) Appearance Review. All projects shall be consistent with the multifamily design and landscape requirements of the Appearance Review Manual. (gg) Maintenance Requirement. The site must be maintained and kept clear of any debris or storage including construction debris, unless part of an active, approved construction permit. All finishes, structures, paved areas, and landscaping must be repaired or replaced as needed. Any dead or non-thriving landscaping must be immediately replaced. All landscaping required for screening of any use, structure, or utility /mechanical equipment must be maintained at a height and density to achieve maximum screening while appearing groomed and orderly. Irrigation systems must be maintained to ensure long- term viability of the planted areas. All site lighting must remain in good working order. Movable furniture or amenities must be replaced by the owner when damaged. All frontage or on-site trees must be maintained in a manner that allows the tree to grow to its full natural height and natural canopy. No growth suppressants are permitted that result in stunting or modifying the natural growth pattern of the tree. Should such trees be maintained contrary to this condition, the owner will be responsible for replacement.A maintenance agreement for all landscaping, building exteriors, accessory structures, parking areas and other common facilities shall be approved by the Community Development Director and City Attorney prior to final occupancy. (lh) RMF-24 properties identified in Appendix 1, Table V-45 (Vacant Residential Parcels RMF-20),the Housing Site Inventory of the General Plan Housing Element shall be permitted “by right” and will not be subject to conditional use permit or specific plan. Proposed planned development projects or other relief from property development standards on these parcels shall be subject to discretionary review per the requirements of the municipal code. 9-3.262 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 permitentitlement 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. 6/11/24 | Item B1 | Attachment 1B
Page 142 of 244
Quality Code Data 11/1/2022, Page 13 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 Mixed-Use CUP1 CUP1 CUP1 CUP1 A1 A1 9-3.331 Multifamily Dwelling CUP2 CUP2 CUP2 CUP2 9-3.262 9-3.331 Mixed-use residential densityrequirements. (a) Mixed-Use Development. Mixed-Use developments are defined as developments that have a vertical separation of commercial and residential land uses in a building, with commercial uses on the ground floor and residential uses above. (b) Density and Fractional Density. (1) Mixed-use developments within commercial zoning districts that allow for multifamily uses shall have a maximum base density of twenty-four (24) dwelling units per acre. (2) To encourage smaller units that are affordable by design, the City authorizes fractional density units wherein maximum density may be calculated based on unit size in mixed-use developments. (i) The following density unit value attributed to unit sizes may be used for the purpose of calculating multi-unit maximum development density allowed on a parcel: (A) Units up to six hundred (600) square feet = one half (0.50) units (B) Units of six hundred one (601) square feet up to one thousand (1,000) square feet = two thirds (0.66) unit (C) Units over one thousand (1,000) square feet = one (1) unit (ii) Maximum residential development potential is the gross lot area (in whole and fractional acres), multiplied by the maximum density allowed. The resulting number (in density units, carried out to the nearest one hundredth unit) will be the maximum residential development potential. For example, when a calculation results in a density of 4.74 units, up to nine units that are less than 600 square feet in size would be permitted; when a calculation results in a density of 4.75 units, up to 10 units less than 600 square feet in size would be permitted). Any combination of dwelling types and numbers may be developed, so long as their combined density unit values do not exceed the maximum potential. The rules of rounding stated in this section for fractional density supersede the rules of rounding stated in Section 9-1.109(b)(4). (iii) For all regulations other than maximum density, (e.g., parking requirements, minimum density etc.), regulations shall be based on the number of units, not based on the number of fractional density units. (c) Building Design Standards. See Section 9-4.130 (Multifamily and Mixed-use Building Design Standards). (d) Mechanical equipment. Mechanical equipment must be set back no less than five feet from property lines, may not be visible from a public right-of-way, and must comply with Section 9-4.128 (Fencing and screening). 6/11/24 | Item B1 | Attachment 1B
Page 143 of 244
Quality Code Data 11/1/2022, Page 14 (e) Storage. Each dwelling unit shallmust be provided a minimum of one hundred thirty (130) cubic feet of enclosed storage space, which do not include closets accessed from the interior of units. Storage space for each unit or a portion thereof may be combined for the provision of bicycle parking and storage. All bicycle parking/storage must meet the following standards: (1) Long-term bicycle parking spaces must be enclosed, lockable, and located within the residential building on the ground floor unless the building includes elevator access to upper floors (2) Long-term bicycle parking spaces must provide a minimum of one 110-volt electrical outlet and an additional outlet per ten bicycle parking spaces for charging electric bicycles. (3) Long-term bicycle parking racks must be designed to allow the user to lock the bicycle to the rack and keep at least one bicycle wheel on the ground or provide a means for the user to roll the bicycle onto a rack and lift it up to a second level. (f) Transitions Zones Adjacent to Single Family. See 9-4.130(j) (Transition to Abutting Rural and Single Family Uses). (g) Downtown Maximum Average Unit Size. The maximum average size of all dwelling units within a new mixed-use project in the Downtown districts (DO or DC) must be no greater than 1,200 square feet. Any existing units that comply with zoning use standards (are located on upper floors with commercial space below) may be excluded from this calculation. (h) Common and Private Open Space Requirements. (1) Size and Type of Open Space. Recreational or gathering open space (that is separate from the living space of a unit) must be provided at a ratio of thirty (30) square feet per unit. (i) Exemption. Projects with four or fewer units within commercial zones, or developments of 10 or fewer units within the Downtown Zoning districts (DO or DC) are exempt from open space requirements. (ii) For non-exempt developments with forty-nine (49) dwelling units or less, recreational or gathering open space may be provided as private open space, common open space, or a combination of private and common space. (iii) For developments of fifty (50) or more dwelling units, recreational or gathering outdoor open space must be provided as common open space or a combination of private and common areas, provided nno more than fifty (50) percent of the open space is private .and (2) Private Open Space Standards. Any private outdoor open space used to satisfy Section 9-3.331(h)(1) must meet the following standards: (i) Minimum dimensions must be five (5) feet (width and depth) in any direction. (ii) The private open space must be adjacent to, and directly accessible from, the residential unit being served. (3) Common Open Space Standards. Any common outdoor open space used to satisfy Section 9-3.331(h)(1) must meet the following standards: (i) Minimum dimensions shall be ten (10) feet (width and depth) in any direction. (ii) Common open space areas must be at least seven hundred fifty (750) square feet. (iv) May be located at grade, on an upper floor terrace or courtyard, or a building rooftop, in the form of a roof deck, except it may not be located at grade within the Downtown Districts nor adjacent to a public street unless in the form of a publicly accessible plaza. (v) May not be located in drainage basins with a depth of two (2) feet or greater and/or areas not accessible via pedestrian paths or trails to the units being served. 6/11/24 | Item B1 | Attachment 1B
Page 144 of 244
Quality Code Data 11/1/2022, Page 15 (vi) Required open space areas must not be met with areas designed primarily as walkways to doors, or other areas that cannot accommodate people gathering and/or are meant for a different purpose (such as a passageway). 9-3.340 Property development standards. New subdivisions, land uses, structures, and alterations to existing land uses and structures shall be designed, constructed and established in compliance with the Sections 9-3.62 and 9-3.341 through 9-3.444, in addition to applicable standards (e.g., landscaping, parking, fencing, etc.) in Chapter 9-4, and Special Land Use Regulation in Chapter 9-6 of this title. 9-3.340 9-3.341 CN Zone. The following are property development standards for the CN in addition to those found in Chapters 9-3, 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. The minimum lot size in the Commercial Neighborhood Zone shall be one-half (1/2) acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Neighborhood Zone. (b) Multifamily Dwellings. Multifamily dwellings are permitted with a minor conditional use permit when located on the second floor or above. (c) Fire Backflow Devices. Fire backflow devices are required to be integrated into the site or building design, are prohibited in any public right-of-way, and must also be accessible to Fire Department and Water Company personnel at all times. (d) Fire Connection Devices. Fire department connections shall be installed in accordance with the NFPA standard applicable to the system design and shall comply with Sections 912.2 through 912.7 of the California Fire Code. 9-3.341 9-3.342 CP Zone. The following are property development standards for the CP in addition to those found in Chapters 9-3, 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. The minimum lot size in the Commercial Professional Zone shall be one-half (1/2) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Professional Zone. (b) Fire Backflow Devices. Fire backflow devices are required to be integrated into the site or building design, are prohibited in any public right-of-way, and must also be accessible to Fire Department and Water Company personnel at all times. (c) Fire Connection Devices. Fire department connections shall be installed in accordance with the NFPA standard applicable to the system design and shall comply with Sections 912.2 through 912.7 of the California Fire Code. 9-3.343 CR Zone. The following are property development standards for the CR in addition to those found in Chapters 9-3, 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. The minimum lot size in the Commercial Retail Zone shall be one-half (1/2) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including 6/11/24 | Item B1 | Attachment 1B
Page 145 of 244
Quality Code Data 11/1/2022, Page 16 condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Retail Zone. (b) Parking. Parking areas designated to have vehicles facing El Camino Real or the freeway shall be screened with a landscaped berm a minimum of thirty (30) inches in height. (c) Setback. A minimum freeway setback of ten (10) feet shall be provided. Said setback area shall be landscaped. (d) Utilities. All new and existing utilities shall be installed underground. (e) Fire Backflow Devices. Fire backflow devices are required to be integrated into the site or building design, are prohibited in any public right-of-way, and must also be accessible to Fire Department and Water Company personnel at all times. (f) Fire Connection Devices. Fire department connections shall be installed in accordance with the NFPA standard applicable to the system design and shall comply with Sections 912.2 through 912.7 of the California Fire Code. 9-3.344 CS Zone. The following are property development standards for the CS in addition to those found in Chapters 9-3, 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. The minimum lot size in the Commercial Service Zone shall be one (1) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Service Zone. (b) Fire Backflow Devices. Fire backflow devices are required to be integrated into the site or building design, are prohibited in any public right-of-way, and must also be accessible to Fire Department and Water Company personnel at all times. (c) Fire Connection Devices. Fire department connections shall be installed in accordance with the NFPA standard applicable to the system design and shall comply with Sections 912.2 through 912.7 of the California Fire Code. 9-3.347 DC/DO Zone. The following are property development standards for both the DC and DO zoning districts, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title. 6/11/24 | Item B1 | Attachment 1B
Page 146 of 244
Quality Code Data 11/1/2022, Page 17 Development Feature Requirement by Zoning District DC DO Downtown Commercial Downtown Office Minimum lot size No minimum Setbacks Minimum and maximum setbacks required. See Section 9-4.103 for setback requirement, allowed projections into setbacks, and exceptions to setbacks. FrontPrimary Street None allowed, except for building insets designed to accommodate outdoor eating and seating areas, and except for East Mall between El Camino Real and Palma Avenue, where a minimum of 20 feet is required. As required by Section 9-4.106 when adjacent to a residential zone, none required otherwise. Sides (each) None required Rear None required Creek To be determined through Design Review Height limit 45 feet not to exceed 3 stories; 18 feet on the west side of El Camino Real between Atascadero Creek and the lot line common to Lots 19 and 20, Block H-B, Atascadero Colony Map. 35 feet Landscaping As required by Section 9-4.124 et seq. (Landscaping, screening and fencing) Off-street parking None required, except as required by Section 9-4.114 for hotels, motels, residential uses, offices, government offices and facilities, and health care services, and for all development east of Atascadero Creek. As required by Section 9-4.114 et seq. Signs See Chapter 9-15 Density 24 dwelling units/acre maximum See also Section 9-3.331(b) (Density and Fractional Density). 24 dwelling units/acre maximum See also Section 9-3.331(b) (Density and Fractional Density). Fire backflow devices (a) Fire Backflow Devices. Fire backflow devices are required to be integrated into the site or building design, are prohibited in any public right-of-way, and must also be accessible to Fire Department and Water Company personnel at all times. (b) Fire Connection Devices. Fire department connections shall be installed in accordance with the NFPA standard applicable to the system design and shall comply with Sections 912.2 through 912.7 of the California Fire Code. Article 30. Density Bonus 9-3.801 Purpose. The purpose of this section Article is to establish a program in accordance comply with California Government Code Section 65915 through 65918 (State Density Bonus Law (California Government Code (GC) Sections 65915 through 65918) to provide both density increases and other incentives to encourage the creation of housing affordable to moderate-, low-, and very low-income households, seniors, and other qualifying households under State law, by providing increased residential densities for projects that guarantee that a portion of the housing units will be affordable to very low-, low-, or moderate-income households, senior citizens, or include child care facilities. (a) Projects that utilize the density bonus are not required to implement the City’s Inclusionary Housing Policy or other inclusionary housing ordinance in effect at the time of issuance of building permit. (Ord. 570 § 1, 2013)9-3.801 6/11/24 | Item B1 | Attachment 1B
Page 147 of 244
Quality Code Data 11/1/2022, Page 18 9-3.802 Applicability. The provisions of this section apply to the construction of five (5) or more housing units as a part of any tentative subdivision map, master plan of development (conditional use permit) or other development application that satisfy one (1) or more of the following criteria: (a) At least ten (10) percent of the units are designated for low-income households. (b) At least five (5) percent of the units are designated for very low-income households. (c) One hundred (100) percent of the units are designated for senior citizens as defined in Sections 51.3 and 51.12 of the Civil Code or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. (d) At least ten (10) percent of the units in a common interest development are designated for moderate-income households, provided that all units in the development are offered to the public for purchase. (Ord. 570 § 1, 2013) (a) General. All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, as it may be amended from time to time. (b) Compliance. The applicant shall comply with all requirements stated in California Government Code Sections 65915 through 65918. The requirements of California Government Code Section 65915 through 65918, and any amendments thereto, shall prevail over any conflicting provision of this Code. (c) Excluded development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under California Government Code Section 65915. (d) Interpretation. The provisions of this subdivision shall be interpreted to implement and be consistent with the requirements of California Government Code Section 65915. Any changes to California Government Code Section 65915 shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this Article conflicts with State Density Bonus Law or other applicable State law, State law shall supersede this Section. Any ambiguities in this Section shall be interpreted to be consistent with State Density Bonus Law. (e) Replacement Housing Requirement. Pursuant to subdivision (c)(3) of California Government Code Section 65915, an applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein, including in the following circumstances: (1) The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; (2) The housing development is proposed on any parcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low income have been vacated or demolished in the five-year period preceding the application; (3) The housing development is proposed on any parcel(s) on which the dwelling units are occupied by lower- or very low-income households; or (4) The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower- or very low-income households have been vacated or demolished in the five-year period preceding the application. 6/11/24 | Item B1 | Attachment 1B
Page 148 of 244
Quality Code Data 11/1/2022, Page 19 9-3.803 Calculating the density bonus. The density bonus shall be calculated as shown in the table below for very low-, low-, and moderate-income households. For housing developments meeting the criteria of Section 9-3.802(c), the density bonus shall be twenty (20) percent of the total number of senior housing units. All density calculations resulting in fractional units shall be rounded consistent with the City’s Municipal Code Section 9-1.109. 6/11/24 | Item B1 | Attachment 1B
Page 149 of 244
Quality Code Data 11/1/2022, Page 20 Percentage of Affordable Units and Corresponding Density Bonus Very Low-Income Households Earning < 50% AMI Low-Income Households Earning < 80% AMI Moderate-Income 120% AMI Persons/Families in Common Interest Development1 Very Low-Income Units Percentage of Density Bonus1 Low-Income Units Percentage of Density Bonus1 Moderate-Income Units Percentage of Density Bonus1 5% 20.0% 10% 20.0% 10% 5.0% 6% 22.5% 11% 21.5% 11% 6.0% 7% 25.0% 12% 23.0% 12% 7.0% 8% 27.5% 13% 24.5% 13% 8.0% 9% 30.0% 14% 26.0% 14% 9.0% 10% 32.5% 15% 27.5% 15% 10.0% 11% 35.0% 16% 29.0% 16% 11.0% 17% 30.5% 17% 12.0% 18% 32.0% 18% 13.0% 19% 33.5% 19% 14.0% 20% 35.0% 20% 15.0% 21% 16.0% 22% 17.0% 23% 18.0% 24% 19.0% 25% 20.0% 26% 21.0% 27% 22.0% 28% 23.0% 29% 24.0% 30% 25.0% 31% 26.0% 32% 27.0% 33% 28.0% 34% 29.0% 35% 30.0% 36% 31.0% 37% 32.0% 38% 33.0% 39% 34.0% 40% 35.0% 1 Density bonus is above the highest range of base density. (Ord. 570 § 1, 2013) 6/11/24 | Item B1 | Attachment 1B
Page 150 of 244
Quality Code Data 11/1/2022, Page 21 9-3.803 Density Increase and Other Incentives. (a) General. If a qualifying affordable housing project or land transfer/cash payment meets the criteria of California Government Code Section 65915 et seq., the project shall be granted a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq. (b) Density Bonus Units. Except as otherwise required by California Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus. (c) Market-rate senior citizen housing developments. Market-rate senior citizen housing developments that qualify for a density bonus shall not receive any other incentives or concessions, unless California Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments. 9-3.804 Developer incentives. (a) Restrictions. When an applicant seeks a density bonus as prescribed by GC Section 65915, the City will grant developer incentives as required, unless it makes any of the following findings: (1) The developer incentives are not required in order to provide affordable housing, as defined in Section 50052.3 of the Health and Safety Code, or for rents for the targeted units to be set as specified in GC Section 65915(c). (i) The developer incentives would have a specific adverse impact, as defined in paragraph (2) of Subdivision (d) of Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. (ii) The developer incentives would be contrary to State or Federal law. (b) Number of Developer Incentives. The number of developer incentives shall be in compliance with the table as shown below: Number of Developer Incentives Number of Developer Incentives Set Aside Units Very Low-Income Units Low-Income Units Moderate-Income Units in Common Interest Developments1 1 5% 10% 10% 2 10% 20% 20% 3 15% 30% 30% 1 Common interest development includes common interest developments of, or in a planned development as defined in Subdivision (k) of Section 1351 of the Civil Code that are offered to the public for purchase. (c) Developer Incentives Defined. For the purposes of this section, concession or incentive means any of the following that results in identifiable, financially sufficient, and actual cost reductions: 6/11/24 | Item B1 | Attachment 1B
Page 151 of 244
Quality Code Data 11/1/2022, Page 22 (1) Reduced site development standards; (2) Modified zoning code; (3) Architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code; (4) A reduction in setback requirements; (5) Reduction of vehicular parking standards; (6) Approval of mixed-use zoning if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area; (7) Other regulatory developer incentives proposed by the developer; (8) Other regulatory developer incentives proposed by the City. (Ord. 570 § 1, 2013) 9-3.804 Physical Constraints and Parking Waivers. (a) Physical Constraints. Except as restricted by California Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that: (1) The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant; (2) The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; (3) The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or (4) The waiver or reduction of the development standard would be contrary to state or federal law. (b) Parking. The applicant may request, and the City may grant, a reduction in parking requirements in accordance with California Government Code Section 65915(p), as that section may be amended from time to time. (c) Order of Election of Development Standard Waivers/Reductions. Applications for waivers and reductions to development standards shall be approved for all other development standards prior to the waiver or reduction in required open space or additional parking reductions beyond 9-3.804(b). 9-3.805 Waivers and modifications of development standards. (a) Proposal. In accordance with Government Code Section 65915(e), an applicant may propose a waiver or modification of development standards if it would physically preclude the construction of a 6/11/24 | Item B1 | Attachment 1B
Page 152 of 244
Quality Code Data 11/1/2022, Page 23 development project under the criteria Section 9-3.802 at the densities or with the developer incentives permitted by this section. A waiver or modification of standards shall be reviewed by the City’s Design Review Committee and approved by the Planning Commission and/or City Council. (b) A proposal for the waiver or reduction of development standards pursuant to this subsection shall neither reduce nor increase the number of developer incentives to which the applicant is entitled pursuant to Section 9-3.804(b). (c) Grounds for Denial. In accordance with Government Code Section 65915(e), the City may deny an applicant’s request to waive or modify the City’s development standards in any of the following circumstances: (1) The application does not conform with the requirements of this section or Government Code Sections 65915 through 65918. (2) The applicant fails to demonstrate that the City’s development standards physically preclude the utilization of a density bonus on a specific site. The City’s Design Review Committee or Planning Commission shall make the appropriate finding. (3) The waiver or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. (4) The waiver or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (5) The waiver or reduction would be contrary to State or Federal law. (Ord. 570 § 1, 2013) 9-3.805 Retention of Density Bonus Units. Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density increase or other incentives being approved for a project, the City of Atascadero and the applicant shall agree to an appropriate method of ensuring the continued availability of the density bonus units. 9-3.805 9-3.806 Application procedure for Density Increase or Other Incentives. An application for a density bonus, developer incentive, or waiver or modification of development standards shall include the following information: (a) Site plan; (b) Preliminary architectural elevations; (c) Preliminary floor plans; (d) Preliminary landscaping plan; (e) The total number of base units; (f) The number and location of proposed affordable housing units; (g) The specific developer incentive(s) sought, if any; (h) The specific waiver or modification to development standards sought, if any; (i) If seeking a developer incentive, documentation regarding the necessity of the developer incentive in order to provide affordable housing costs or rents; (j) If seeking a waiver or modification of development standards, documentation regarding the necessity of the waver or modification, including documentation demonstrating that the City’s development standards physically preclude the utilization of a density bonus; (k) If requesting a density bonus based on land donation in accordance with Government Code Section 65915(g), information sufficient to permit the City to determine that the proposed donation conforms with the requirements of Section 65915 and this code; and 6/11/24 | Item B1 | Attachment 1B
Page 153 of 244
Quality Code Data 11/1/2022, Page 24 (l) If requesting a density bonus based on the provision of a child day care facility in accordance with Government Code Section 65915(h), the application must: (1) Provide the location of the proposed child day care facility and the proposed operator, (2) Agree to operate the child day care facility for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable, (3) Agree to have contracted with a child day care facility operator for operation of the child day care facility before the first building permit is issued, and (4) Agree that the child day care facility will be in operation when the first certificate of occupancy is issued. (a) Application Requirements. An application for a density increase or other incentives under this Article for a housing development shall be submitted in writing to the Planning Division to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this Article, and in connection with the project for which the request is made, including, but not limited to, the following: (1) A brief description of the proposed housing development; (2) The total number of housing units and/or shared housing units (as defined in California Government Code Section 65915(o)(6)) proposed in the development project, including unit sizes and number of bedrooms; (3) The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site; (4) The total number of units to be made affordable to or reserved for sale, or rental to, very low-, low- or moderate-income households, or senior citizens, or other qualifying residents; (5) The zoning, general plan designations, and assessor’s parcel number(s) of the project site; (6) A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout; (7) The proposed method of ensuring the continued availability of the density bonus units; and (8) Within zones that rely on a form-based code, a base density study that identifies the density feasible on the site without incentives, concessions or density bonuses; (9) A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed. (b) Application Processing. The application shall be considered by the Planning Commission and/or the City Council at the same time each considers the project for which the request is being made. If the project is not to be otherwise considered by the Planning Commission or the City Council, the request being made under this Article shall be considered by the Community Development Director or designee, separately. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq. 9-4.102 Applicability of the standards. The standards of this chapter apply to all new land uses which are required to have a zoning approval pursuant to this title, except where the standards of Chapter 9-6 or Chapter 9-3 conflict with the provisions of this chapter, the more restrictive provisions of Chapters 9-6 and 9-3 prevail. 6/11/24 | Item B1 | Attachment 1B
Page 154 of 244
Quality Code Data 11/1/2022, Page 25 9-4.106 Street setbacks. A street setback is measured at right angles from the nearest point on the property line to the building line. Setback landscaping and fencing standards are in Sections 9-4.125(a) and 9-4.128 of this chapter, respectively. (a) A, RS, RSF, and LSF Zones. All residential uses shall have a minimum front primary street setback of twenty-five (25) feet, except as follows: (1) Shallow Lots. The frontprimary street setback shall be a minimum of twenty (20) feet for any lot less than ninety (90) feet deep. (2) Flag Lots and Lots without Street Frontage. Determination of that portion of the site to constitute the required front yard within the flag shall be at the discretion of the applicant. The front setback of the flag of the lot shall be a minimum of ten (10) feet. The front setback within the accessway shall be as in subsection (a) of this section. (3) Sloping Lot Adjustment. Where the elevation of the natural grade on a lot at a point fifty (50) feet from the centerline of the adjacent street right-of-way is seven (7) feet above or below the elevation of the centerline, a private garage may be located, at the discretion of the applicant, as close as five (5) feet to the street property line, subject to the approval of an administrative use permit (Section 9-1.112 of this title), provided that portions of the dwelling other than the garage shall be established at the setback otherwise required. (4) Variable Setback Block. Where a residential block is partially developed with single-family dwellings having less than the required front primary street setbacks and no uniform front setback is established, the front primary street setback may be adjusted by approval of an administrative use permit (Section 9-1.112 of this title) at the option of the applicant, as follows: (i) Prerequisites for Adjustment. Adjustment may be granted only when twenty-five percent (25%) of the lots on the block with the same frontage are developed and the entire block is within a single zone. (ii) Allowed Adjustment. The normally required minimum front primary street setback is to be reduced to the average of the primary streetfront setbacks of the existing dwellings, which include attached garages but not detached garages, to a minimum of ten (10) feet. (5) The Design Review Committee (DRC) may grant an exemption to the front primary street setback requirement based on neighborhood compatibility for structures that meet the following criteria: (i) Structures are no greater than ten (10) feet in height; (ii) Structures do not exceed front yardprimary street setback area coverage of more than fifty percent (50%); (iii) Structures do not impair sight distances for vehicular traffic as reviewed by the City Engineer. (b) RMF Zones and Residential Uses in Commercial and Industrial Zones (excluding DC and DO Zones). (1) All residential units shall must have a minimum setback of fifteen (15) feet. (i) All garages shall have a minimum front setback of twenty (20) feet. (2) All garages or covered parking areas oriented toward the street must have a minimum setback of twenty (20) feet from the street to which it is oriented. (3) All other accessory structures associated with the residential use must comply with 9-4.106(b)(1). 6/11/24 | Item B1 | Attachment 1B
Page 155 of 244
Quality Code Data 11/1/2022, Page 26 (c) CN, CP, CR, CS, CT, CPK, IP and I Zones. No primary or secondary street front setbacks are required. Ground floor residential uses are subject to the setback requirements of subsection (a) of this section. (1iii) Adjacent to Residential Zone. Where a commercial or industrial zone has a front setback, including a double frontage setback, on a street where more than fifty percent (50%) of the lots in the same block are zoned for residential use, the front setback shall be twenty-five (25) feet, except that a one-story building or parking may encroach into one-half (1/2) the required front setback depth. (d) L, LS and P Zone. A minimum ten (10) foot primary street front setback is required, provided that residential uses are subject to the setback requirements of subsection (a) of this section. (ed) Flag Lots. Any accessway adjacent to a public street shall be subject to the front setback requirements of subsections (a), (b), (c), and (d) of this section. Determination of that portion of the site to constitute the required front yard within the flag shall be at the discretion of the applicant. The front setback of the flag of the lot shall be subject to the side setback requirements of Section 9-4.107 of this chapter. (fe) Double Frontage Lots. (1) Selecting the Setback Location. Where double frontage setback locations are not specified by subdivision requirements or other applicable regulations, the applicant may select the front setback street unless fifty percent (50%) of the lots on a double frontage block are developed with the same front yard orientation. In that case, all remaining lots are to orient their front setbacks with the majority. (2) Double Frontage Setback Requirements. A full-front setback is to be provided adjacent to one frontage, and a setback of one-half (1/2) the required front setback depth adjacent to the other frontage. (gf) Establishment of Front Setback on Zoning Map. The Planning Commission may establish greater front setbacks than those required in this section by delineating the setback on the zoning map. Procedures specified by Section 9-1.115 of this title shall be followed in establishing such setbacks. 9-4.106 9-4.107 Side setbacks. The side setback is measured at right angles to the side property line to form a setback line parallel to the side property line, which extends between the front and rear setback areas. The minimum side setback is to be as follows: (a) A, RS, RSF, LSF and RMF Zones and Residential Uses in Commercial and Industrial Zones. All residential uses except for second story dwellings over commercial and industrial uses shall must have a minimum side setback of five (5) feet, unless built as a common wall or zero lot line development, except as follows:. Exceptions: (1) Common Wall Development. Any two (2) dwelling units, and/or their accessory garages, may be constructed on adjoining lots without setbacks between them provided that: (i) The setback has been eliminated through subdivision map or conditional use permit approval; (ii) A common wall or party wall agreement, deed restriction, or other enforceable restriction has been recorded; 6/11/24 | Item B1 | Attachment 1B
Page 156 of 244
Quality Code Data 11/1/2022, Page 27 (iii) The side setbacks opposite the common wall property line are not less than two (2) times the minimum width required by this section; and (iv) Common wall construction is in compliance with the Uniform Building Code. (2) Zero Lot Line Development. A group of dwelling units on adjoining lots may be established so that all units abut one (1) side property line, provided that: (i) The setback has been eliminated for an entire block through subdivision map or conditional use permit approval; (ii) The modified setback requirements for the block are recorded as part of a land division map, deed restriction, or other enforceable restriction; (iii) The side setback shall not be eliminated or reduced on the street side of a corner lot; and (iv) Side setbacks opposite the zero setback property line are not less than twice the minimum required by this section. (31) Access Easements. All access easements shall have a minimum setback of five (5) feet, measured from the edge of the easement. (2) Transition to Adjacent Rural and Single Family Uses. Where the side property line abuts a property in a RR, RS, RSF, or LSF zoning district, Section 9-4.130 (Transition to Adjacent Rural and Single Family Uses) applies. (4) Additional height for buildings in RMF. Multifamily dwellings exceeding twenty-five (25) feet in height shall have a ten (10) foot setback for all portions of the building over twenty-five (25) feet in height. (b) CN, CP, CR, CS, CT, CPK, IP, I and P Zones. No side setbacks are required, unless adjacent to property in the RR, RS, RSF, LSF zoning districts, in which case Section 9-4.130 (Transition to Adjacent Rural and Single Family Uses) applies. Ground floor residential uses are subject to the setback requirements of subsection (a) of this section. (c) L and LS Zones. A minimum five (5) foot side setback is required. 9-4.107 9-4.108 Rear setbacks. The rear setback is measured at right angles to the rear property line to form a setback line parallel to the rear property line. (a) A, RS, RSF, LSF, and RMF Zones and Permitted Ground Floor Residential Uses in Commercial and Industrial Zones. All residential uses except for second story dwellings over commercial and industrial uses shall have a minimum rear setback of ten (10) feet, except as follows: (b) CN, CP, CR, CS, CT, CPK, IP and I Zones. No rear setback is required in commercial or industrial zones, except as follows: (1) Adjacent to an Alley. The rear setback shall be a minimum of five (5) feet, except where the alley provides vehicular access to the interior of the building, in which case the setback shall be ten (10) feet. (2) Adjacent to Residential Use Zone. Where the rear property line abuts a residential zone or use, no rear setback is required for buildings or portions of buildings which do not exceed twelve (12) feet in height within ten (10) feet of the rear property line, except for the landscape buffer required by Section 9-4.130(j)(4). The rear setback must shall be a minimum of ten (10) feet for buildings or portions of buildings which that exceed twelve (12) feet in height, unless adjacent to property in the RR, RS, RSF, LSF zoning districts, in which case Section 9-4.130 (Transition to Adjacent Rural and Single Family Uses) applies. (c) L, LS and P Zones. A minimum of ten (10) foot rear setback is required. 6/11/24 | Item B1 | Attachment 1B
Page 157 of 244
Quality Code Data 11/1/2022, Page 28 9-4.108 9-4.109 Interior setbacks and open areas. Detached buildings located on the same site are to be separated as follows: (a) Non-Habitable Structures. Minimum (5) foot setback required for enclosed structures. No minimum setback for open-sided structures. (b) Habitable Structures. Minimum six (56) foot setback required. (c) Exemptions. The following structures are exempt from the provisions outlined in this section: (1) Decks; (2) Patio covers and landscape structures; (3) Structures under one hundred twenty (120) square feet when exempt from a building permit based on the adopted Building Code and consistent with the standards set forth in Section 9-6.106(b)(3); (4) Similar accessory structures as determined by the Community Development Director. 9-4.109 9-4.110 Projections into required setbacks. (a) Uncovered Decks. When constructed with a height more than thirty (30) inches above the surrounding finish grade, a wood deck may extend into required setbacks as follows (decks less than thirty (30) inches high are exempt from these requirements). See Section 9-4.104(a)): (1) Front Setback. A deck is not to be located therein. (2) Side Setback. As determined by the Uniform Building Code. (3) Rear Setback. A deck may occupy up to thirty percent (30%) of a required rear setback, but is to extend no closer than three (3) feet to the rear property line. (b) Fire Escapes. A ladder or stairs designed to be used exclusively as an upper floor fire escape may project into a required setback only as provided by the Uniform Building Code. (c) Roof and Wall Features. Cantilevered and projecting architectural features including chimneys, bay windows, balconies, cornices, eaves, rain gutter, signs (where allowed), display windows, and solar collectors may project into a required setback only as allowed by the Uniform Building Code. (d) Porches. (1) Front Porch. A covered front porch may project up to six (6) feet into a required front primary street setback (Section 9-4.106), provided that the floor level of the porch is to be no higher than the ground level of the building. An unenclosed front porch is not limited on its projection, provided it is one hundred (100) square feet or less in area. (2) Side Porch. A porch and/or outside stairway may be located in a required side setback provided the porch is not roofed or enclosed below the steps and does not extend into the side setback more than allowed by the Uniform Building Code. (3) Rear Porch. A porch in the required rear setback is subject to the same limitations as a deck, pursuant to subsection (a)(3) of this section. (e) Flag Lots. Six (6) foot fences shall be allowed within the front yard setback area, but in no case shall a six (6) foot fence be allowed within an area connecting the required front yard setback areas for any adjoining lots. Trash enclosures may encroach into the front yard setback area but shall maintain a five (5) foot setback from adjoining property lines and shall not be located within the access strip. 9-4. 6/11/24 | Item B1 | Attachment 1B
Page 158 of 244
Quality Code Data 11/1/2022, Page 29 9-4.112 Measurement of height. (a) Buildings and Structures. The height of a building or structure is to be measured as the vertical distance from the highest point of the structure to the average of the highest and lowest points where the exterior walls touch the finish grade. (b) Fences, Walls, and Hedges. The measurement of heights for fencing, walls, arbors or hedges shall be subject to Section 9-4.128. 9-4.113 Height limitations. The maximum height for new structures is as follows: (a) Limitation by Zone. Zone Maximum Height A, RS, RSF, LSF 30 feet CN, CP, CR, CS, CT 35 feet CPK, IP, I 45 feet LS, L, P 35 feet RMF 35 feet (portions of buildings exceeding 25′ shall require additional setbacks in accordance with Section 9-4.107) (b) Exceptions to Height Limitations. (1) Planning Commission Waiver. The height limitations of this section may be modified through conditional use permit approval, provided the Planning Commission first finds the project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties and that the modified height will not exceed the lifesaving equipment capabilities of the Fire Department. (2) Height Adjustment. The height limitations specified by subsection (a) of this section may be adjusted by approval of an administrative use permit (Section 9-1.112) for a single-family residential building in a single family residential zoning district to allow additional height. , to a maximum of forty thirty-five (4035) feet, provided that the required side and rear setbacks are increased one (1) foot in width for each foot of height over thirty (30) feet. Additional height up to forty (40) feet may be granted by the approval of an administrative use permit (Section 9.1-112), provided that the required side and rear setbacks are increased one (1) foot in width for each foot of height over thirty (30) feet. (3) Downhill Lot. Where the average front-to-back slope of a lot is greater than one (1) foot of fall in seven (7) feet of distance from the centerline of the street to the rear face of the proposed building, up to ten (10) feet may be added to the rear building face, which is to be excluded from the height measurement (Section 9-4.112). (4) Uninhabited Structures. The height limits specified in subsection (a) of this section do not apply to the following structures (measurement of height is to be from the ground, as set forth in Section 9-4.112): (i) Radio and television receiving antennas of the type customarily used for home radio and television receivers, when fifty (50) feet or less in height. (ii) Transmitting antennas used by licensed amateur (ham) radio operators when fifty (50) feet or less in height. (iii) Flagpoles fifty (50) feet or less in height. 6/11/24 | Item B1 | Attachment 1B
Page 159 of 244
Quality Code Data 11/1/2022, Page 30 (iv) Grain elevators, silos, water tanks, windmills, wind generators, and all other similar structures not containing residential uses and located in the A, RS, CR, CS, CPK, IP and I Zones. (v) Chimneys no more than one hundred (100) feet in height located in the CPK, IP and I Zones and all other chimneys and roof vents extending no more than two (2) feet above the height limit specified in subsection (a) of this section. (vi) Industrial towers, nonportable equipment and other uninhabited structures no more than sixty (60) feet in height located in the CPK, IP and I Zones. (vii) All portable construction equipment. (viii) Public utility poles and structures for providing electrical and communications services. (ix) Solar collectors not more than five (5) feet above the height limit specified in subsection (a) of this section. (x) Satellite receiving and similar communication dishes and devices in commercial and industrial zones, when no more than ten (10) feet above the maximum height in the zone. (5) Architectural Projections/Features and Mechanical Equipment. The following structures and structural features for multifamily residential and mixed-use structures may exceed the height limits of this section provided the added features do not block solar access to adjacent properties, as follows: (i) Nonhabitable architectural features. The height limitations of this section may be increased up to forty (40) feet through administrative use permit approval, to allow for nNonhabitable architectural features may be allowed to exceed maximum heights by ten (10) feet including, but not limited to, varied roof forms, tower elements, and cupolas with the intent of encouraging creative building design, provided the feature is an integral part of the structure’s architecture, materials, and style. (ii) Rooftop Mechanical Equipment. Rooftop mechanical equipment and relatedassociated architectural screening may exceed maximum height limits by up to five (5) feet provided the screening uses the same architectural style and materials as the primary structure, the screening does not use temporary materials, such as lattice, and the enclosure and equipment is set back a minimum of ten (10) feet from the building’s edge or integrated into the building roof form. (iii) Elevator Shafts and Stairways. An elevator or stairway to a rooftop deck/upper story open space may exceed the maximum height limits by up to ten (10) feet. (iv) To approve an administrative use permit to increase height, the following findings shall be made: a. The additional height provides architectural interest and adds to a varied roofline. b. The added features will not block solar access to adjacent properties. 9-4.115 Off-street parking required. All uses requiring an entitlement shall be provided off-street parking as set forth in this section, except parking lots in the following situations: (a) Compact Car Spaces. Lots with twenty (20) or more spaces may substitute compact car spaces for up to twenty percent (20%) of the total number of spaces. Compact car spaces shall be a minimum of eight (8) by fourteen (14) feet in size. Compact spaces shall be designated by painting the word “compact” or similar, on the surface of the space. (b) Motorcycle Parking. Lots with twenty (20) or more spaces may replace regular spaces with motorcycle spaces at a ratio of one (1) motorcycle space for each twenty (20) spaces. Motorcycle 6/11/24 | Item B1 | Attachment 1B
Page 160 of 244
Quality Code Data 11/1/2022, Page 31 spaces shall be a minimum size of three (3) by six (6) feet. Motorcycle spaces shall be designated by painting the word “motorcycle,” or similar, on the surface of the space. (c) Bicycle Spaces. Lots with twenty (20) or more spaces may substitute a bicycle rack providing space for at least five (5) bicycles at a ratio of one (1) bicycle rack for each twenty (20) spaces. It is recommended that all shopping centers provide some bicycle spaces in the project. (d) Parking District. Parking requirements may be modified within a parking district where the district provides adequate parking within the limits of the district and the parking requirements of a new use are accommodated by the parking district. (e) Shared On-Site Parking Adjustment. Where two (2) or more nonresidential uses are on a single site, the number of parking spaces may be reduced through administrative use permit approval (Section 9-1.112) at a rate of five percent (5%) for each separate use, up to a maximum of twenty percent (20%); as long as the total number of spaces is not less than required for the use requiring the largest number of spaces. (f) Shared Peak-Hour Parking. In addition to the reduction of required parking allowed by subsection (e) of this section, where two (2) or more uses have distinct and differing peak traffic usage periods (for example, a theater and a bank), the required number of parking spaces may be reduced through conditional use permit approval, provided that the parking lots of each use are located within three hundred (300) feet of each other (as measured along the most direct pedestrian path). The amount of reduction may be up to seventy-five percent (75%) of the amount of spaces required for the most intensive of the two (2) or more uses sharing the parking. (g) On-Street Parking Adjustment. (1) Subject to approval of an administrative use permit, multifamily residential and mixed-use developments may meet a portion of required guest parking with on-street parking along the site frontage. Where on-street parking is not marked, twenty-two (22) lineal feet of curb space constitutes an on-street parking space. Where an on-street parking space is adjacent to multiple lots, the credit is given to the development on the lot whose frontage contains more than fifty percent (50%) of the parking space length. (2) Where a proposed driveway from a street to a new parking area would eliminate on-street parking spaces equal to or greater in number than the off-street spaces required, the requirement for off-street spaces may be eliminated through administrative use permit approval (Section 9-1.112 of this title) where the access or proposed building cannot reasonably be redesigned to avoid a net loss of parking. (h) Planning Commission Modification. The parking standards of this title may be modified through conditional use permit approval based upon specific findings of fact that the characteristics of a use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by this title and that reduced parking will be adequate to accommodate on the site all parking needs generated by the use. 9-4.115 9-4.116 Location of parking on a site. Required parking spaces may be located as needed on a proposed site, subject to the design and construction standards of Sections 9-4.117 and 9-4.119 of this chapter and the following: (a) Use of Primary Street Front Setback. Required parking spaces are not to be located within the required front primary street setback (Section 9-4.106). (b) Parking Between Front Property Line and Residential Buildings. For residential-only and mixed-use residential projects, parking spaces must not be located between the residential structures and the 6/11/24 | Item B1 | Attachment 1B
Page 161 of 244
Quality Code Data 11/1/2022, Page 32 front property line. However, this configuration may be allowed with administrative use permit approval, provided the parking is constructed of pavers or integral color stamped concrete and based on a finding that superior outdoor common open space results from the parking configuration. (bc) Use of Side and Rear Setbacks. Side and rear setbacks may be used for vehicle parking. A minimum of five (5) feet of landscaping is required except on the street side of a corner lot and except where landscaping is required by Section 9-4.125 of this chapter between the property line and the parking area. This can be reduced to three (3) feet when decorative concrete (integral color and stamped) or pavers are utilized, consistent with Section 9-4.125(b)(6). (d) Garages for Multifamily Uses. Individual garages attached to and serving an individual residential unit are allowed as follows: (1), Each garage must be no more than fourteen (14) feet wide and the garage door must be recessed five (5) feet from the adjacent façade, with the following exception.: (i) First floor garages with units above are permitted to be up to a 2-car garage (maximum interior dimensions of 24-feet by 24-feet) providing that garage doors face a parking lot and the unit entries face a shared amenity space or pedestrian sidewalk/walkway. (2) Other required parking spaces, including required parking for the unit and guest parking, must be provided in a shared parking area. 9-4.117 Parking design standards. All off-street parking areas shall be designed and improved as set forth in this section. (a) Parking Space and Aisle Dimensions. All off-street automobile parking spaces are to be a minimum of nine (9) by eighteen (18) feet in size, except for compact car spaces, handicapped spaces, motorcycle spaces, and bicycle spaces (Section 9-4.115). Parking lot aisles shall be as follows: (1) Angle Parking. The aisle dimensions for angle parking are to be based upon the angle and width of the parking space as set forth in the following chart. The use of a wider parking space enables reducing the aisle width, as shown. 6/11/24 | Item B1 | Attachment 1B
Page 162 of 244
Quality Code Data 11/1/2022, Page 33 Angle Space Width (a) Space to Curb (b) Aisle1 (c) Tier2 Width (d) 90 degree 8′ — 0″3 14′ — 0″ 20′ — 0″ 52′ — 0″ 9′ — 0″ 18′ — 0″ 24′ — 0″ 60′ — 0″ 10′ — 0″ 18′ — 0″ 22′ — 0″ 58′ — 0″ 60 degree 8′ — 0″3 16′ — 0″ 14′ — 0″ 48′ — 0″ 9′ — 0″ 20′ — 0″ 18′ — 0″ 58′ — 0″ 10′ — 0″ 20′ — 8″ 16′ — 0″ 57′ — 4″ 45 degree 8′ — 0″3 15′ — 6″ 12′ — 0″ 43′ — 0″ 9′ — 0″ 19′ — 0″ 16′ — 0″ 54′ — 0″ 10′ — 0″ 20′ — 0″ 14′ — 0″ 54′ — 0″ Notes: 1 Aisle widths for 45 degree and 60 degree spaces are one-way only. 2 Tier means 2 rows of parking spaces, plus an aisle. 3 Compact car spaces only, see Section 9-4.115(a) of this chapter. 6/11/24 | Item B1 | Attachment 1B
Page 163 of 244
Quality Code Data 11/1/2022, Page 34 (2) Parallel Parking. Space dimensions are to be nine (9) by twenty-two (22) feet. Aisle dimensions for parallel parking are to be twelve (12) feet for one-way aisles, and twenty-four (24) feet for two-way aisles. (3) Access Drive Location. A driveway from a street to a parking area with four two (24) or more spaces is to be located and designed as follows: (i) Distance from Street Corner. Parking area driveways are to be located a minimum of fifty (50) feet from the nearest street intersection, as measured from the centerline of the driveway to the nearest travel lane of the intersecting street. (ii) Number of Driveways. Entrance and exit driveways crossing the street property line of a single site are to be limited to two (2) along the frontage of any single street except properties in excess of five hundred (500) feet of frontage may have one additional drive for each two hundred fifty (250) feet. One-way Ddriveways on the same non-single-family property are to be separated by a minimum of sixty fifteen (15)60 feet. Two-way driveways on the same non-single-family property must be separated by a minimum of one hundred forty -five (145) feet if located on an arterial street and ninety-five (95) feet if on a non-arterial street. Distance is measured from the centerline of the driveway(s). (iii) Driveway Design. Driveways shall be designed to provide for entrance and exit in a forward direction and to avoid backing directly into public streets. (iv) Reciprocal Access Driveways. Driveways that provide access to more than one (1) residential or mixed-use residential project must provide a reciprocal access easement and may waive the landscaping required by Section 9-4.125(a)(6). (4) Drop-Off Points Required. Parking areas for public assembly facilities shall include a designated on-site location for dropping off passengers at an entrance to the facility in advance of parking the vehicle. Drop-off points are to be provided for: hotels and motels; schools with fifty (50) or more students; churches with a capacity of one hundred (100) or more; restaurants with a capacity of fifty (50) or more customers; public transportation terminals; places of public assembly; public buildings; and offices larger than five thousand (5,000) square feet. (5) Tandem Parking. Each space in a parking lot, area or garage is to be individually accessible, except that automobiles may be parked in tandem in the following situations: (i) In a parking area serving a single-family dwelling or individual mobilehome where the tandem parking is not more than two (2) cars in depth; provided that both spaces are for the same dwelling, and are not located in a required front setback. (ii) In a public garage or public parking area where all parking is performed by attendants at all times, or for public assembly facilities and temporary events where user arrivals and departures are simultaneous and where parking is attendant-directed. (iii) For all-day employee parking lots restricted to employee use, provided that required aisle widths are maintained, and no more than fifty (50) percent of the employee spaces are designed for tandem use. (b) Residential Garage and Carport Standards. (1) Interior Dimensions. a. Single Car Garages and Carports. Parking spaces in a single-car garage or carport must have a minimum width of twelve (12) feet and a minimum length of twenty (20) feet. b. Multi Car Garages and Carports. All parking spaces in a garage or carport intended for more than one (1) vehicle must have a minimum width of ten (10) feet and a 6/11/24 | Item B1 | Attachment 1B
Page 164 of 244
Quality Code Data 11/1/2022, Page 35 minimum length of twenty (20) feet for each parking space. If the garage or carport sides are enclosed, one (1) additional foot is required on each enclosed side. c. Measurement. The minimum width and length must be measured from within the interior dimensions of the garage or carport. (2) Single-car garage doors must have a minimum clearance width of nine (9) feet, and double-car garage doors must have a minimum clearance width of sixteen (16) feet. No chain link doors or walls will be permitted. (3) Garages for Multifamily uses. See Section 9-4.116(d). 9-4.117Amend Amend 9-4.118 section (a) to read as follows: (a) Use of Charts. The charts in subsection (c) of this section determine the number of parking spaces required for each use of land, as follows: (1) Uses Not Listed. For uses not specifically listed in this subsection that do not have parking requirements set by Chapter 9-6, the same parking and loading space is required as for the most similar use of equivalent intensity; except where a use not listed requires conditional use permit approval, in which case the amount of parking and loading space required shall be as determined by the Planning Commission. (2) Parking and Loading Intensity. Parking lot and loading bay intensity describes the rate of vehicle turnover in parking and loading areas. Turnover factors are assigned to each use by the charts in subsection (c) of this section. High intensity areas have rapid turnover; medium intensity areas are those where vehicles are parked from two (2) to four (4) hours; low intensity areas have minimum turnover and few repeat users, such as long-term and employee parking lots. Loading bay intensity is used in Section 9-4.121. (3) Mixed Use Sites. Where a site contains more than one principal land use (such as a shopping center), the amount of parking required shall be the total of that required for each individual use, except as otherwise provided by Section 9-4.115. (4) Mixed Function Buildings. Where a building occupied by a single use contains several functions, such as sales, office and storage areas, parking shall be as required for the principal use for the gross floor area (total area of all internal functions); except that when storage areas are larger than two thousand (2,000) square feet, the parking requirement is to be determined separately for those areas, as specified for warehousing. (5) Assigned parking. For projects where a parking reduction is granted, assigned parking spaces are prohibited unless approved by the Community Development Director in conjunction with a parking management plan. (6) Terms Used in Charts. (i) Active Use Area. All developed areas of a site and buildings except storage, parking and landscaping. (ii) Floor Area. Gross floor area within buildings. (iii) Site Area. Gross site area. (iv) Use Area. All developed areas of a site and buildings, except parking and landscaping. (v) Number of Spaces. Where subsection (c) sets parking requirements based on building area (square footage), site or use area, the number of spaces is to be as set forth for each footage increment specified or fraction thereof. 6/11/24 | Item B1 | Attachment 1B
Page 165 of 244
9-4.119 Parking lot construction standards. All parking areas containing three (3) or more off-street parking spaces are to be improved as follows, except as otherwise provided by this section. (a) Surfacing. All parking areas are to be surfaced with an asphalt, concrete, chip seal, or crushed rock surface, or similar, as specified in the following chart or as required by property development standards listed in this Code. Where concrete or asphalt is required, brick or other masonry paving units may be substituted, including turf block. Where surfacing is intended to function as both emergency vehicle access and open space with appropriate amenities, surface must include pavers, integral color stamped concrete, masonry, brick, or permeable paving units. Minimum Required Surface Parking Lot Turnover Location High Medium Low Inside urban services line Asphalt or concrete Asphalt or concrete Asphalt or concrete Outside urban services line Asphalt or concrete Asphalt or concrete Crushed rock or chip seal (b) Lining and Marking. Parking spaces in paved parking areas shall be marked with paint striping, a minimum of two (2) inches in width. Parking spaces in other types of lots may be identified by wheel stop barriers. (c) Wheel Stops. Wheel stops or continuous concrete or asphalt curbing are required in all parking lots to define the perimeter of the parking area and to protect landscaping from vehicle encroachment. In addition, wheel stops are required for each parking space in a high turnover parking lot. Wheel stops shall be provided as follows: (1) Materials and Installation. Wheel stops shall be constructed of concrete, continuous concrete curbing, asphalt, timber, or other durable material not less than six (6) inches in height, or an approved functional equivalent. Wheel stops are to be securely installed and maintained as a safeguard against damage to adjoining vehicles, machinery or abutting property. (2) Setback. Wheel stops or other vehicle barriers shall be located approximately three (3) feet from the front of the parking space. (3) Functional Equivalent. Wherever possible, functional equivalents in the form of raised sidewalks or curbs surrounding planters or similar may be used in lieu of wheel stops. (d) Vertical Clearance. Covered parking spaces are to have a vertical clearance of at least seven (7) feet six (6) inches above the parking lot surface for all uses, except residential. (e) Slope. The finished grade of a parking lot is not to exceed five percent (5%) slope, unless approved by an administrative use permit (Section 9-1.112 of this title). (f) Landscaping. A minimum of ten percent (10%) of the interior of all parking lots shall be landscaped, in addition to any perimeter landscaping required by subsection (g) of this section. Shade trees are to be provided at approximatelyat a maximum spacing of thirty-five (3035) foot feet intervals along parking rows, except shade trees are not required where solar panel covered carports are located. Landscape fingers shall be a minimum of six (6) feet wide and shall be provided every eight (8) parking spaces. These landscaping requirements do not apply to parking lots that are underground or within buildings. (g) Screening. 6/11/24 | Item B1 | Attachment 1B
Page 166 of 244
(1) From Residential Areas. Parking lots that abut a residential zone shall be separated from such property by a landscaping strip with a minimum width of five (5) feet and a six (6) foot high solid fence or wall. (2) From Streets. Parking lots abutting a public street shall be separated from the street right-of-way by a landscaping strip with a minimum width of ten (10) feet; and, where parking spaces are arranged to head toward the street, by a minimum three (3) foot high solid fence decorative wall or landscape equivalent located on the parking lot side of the landscaping strip. 9-4.1199-4.123 9-4.124 Landscaping, screening and fencing. The purposes of landscaping, screening, and fencing standards are to: provide areas on sites which can absorb rainfall to assist in reducing storm water runoff; control erosion; reduce glare and noise; enhance the appearance of structures and property; and to provide visual privacy; consider the native flora and fauna; provide shade and reduce heat island effect; and screen buildings and associated non-structural site elements to the extent practicable. Landscaping, screening and fencing standards are organized in the following sections: 9-4.125 Landscape standards. 9-4.126 Standards for landscaping materials. 9-4.127 Landscaping plans. 9-4.128 Fencing and screening. 9-4.129 Solid waste collection and disposal. 9-4.125 Landscape standards. (a) Where Required. The sites of all projects requiring approval, except for single family dwellings, are to be landscaped as follows: (a) Minimum Landscaped Area. (1) In the following zoning districts, minimum landscape coverage based on the net site area are as follows: (i) Single family zoning districts: none (see Chapter 5 of this Code for second unit landscaping requirements); (ii) Multifamily zoning districts: twenty-five percent (25%); (iii) Commercial zoning districts (excluding downtown commercial): ten percent (10%); (iv) Industrial zoning districts: five percent (5%); (v) Planned Development overlay zoning districts: as required by the master plan of development and conditions of approval. (2) Determination of Landscape Coverage Area. Landscape coverage area shall include all areas not covered by pavement or buildings, including, but not limited to, open space areas, planters, and setback areas. Decorative pavement used within a common open space area for recreational purposes may be included in the landscape coverage calculation. (3) Criteria for Reduced Landscaping. To encourage design excellence, the Community Development Director, Planning Commission, or City Council (depending on approval process) may decrease the minimum landscaped area, upon the following criteria: (i) Professionally designed landscaping, designs of special merit, decorative site elements, and preserving existing mature native trees are highly encouraged and considered in an applicant’s request to reduce required landscaping. 6/11/24 | Item B1 | Attachment 1B
Page 167 of 244
(ii) The Community Development Director, Planning Commission, or City Council (depending on approval process) may grant a reduction of an applicant’s landscape requirement by a total of up to fifty percent (50%) upon an applicant’s demonstration of the criteria listed below: a. Retention of existing on-site native trees with a minimum of twenty-five percent (25%) canopy cover retained over the project site; b. Use of decorative pavement material such as pavers or colored stamped concrete over a minimum of twenty-five percent (25%) of the paved area of the site; c. Installation of a variety of tree and plant materials, including ornamental species and native trees; d. Use of box-sized trees throughout the project site. (b) Where Required. The sites of all projects requiring approval, except for single family dwellings, are to be landscaped as follows: (1) Setbacks. All setback areas required by Section 9-4.103 or Chapter 9-6 of this title, except where enclosed and screened from the view of public streets and adjoining properties by solid fencing in accordance with Section 9-4.128 of this chapteras a private yard and except where a required setback is traversed by a driveway or sidewalk; (2) Unused Areas. All areas of a building site not identified on a site plan intended for a specific use or purpose, except where enclosed and blocked from the view of public streets by solid fencing and/or buildingsenclosed private yards; (3) Parking Areas. As required by subsections (f) and (g) of Section 9-4.119 of this chapter; (4) Trash Enclosures. All trash enclosures shall be screened with landscaping unless built into the building or built in compliance with Section 9-4.129 (Solid waste collection and disposal); (5) Street Trees. Minimum fifteen (15)-gallon street trees shall be provided along all public and private street frontages at a minimum of thirty (30) feet on center; (i) Street Tree Defined. Street trees shall be those trees planted between buildings and public rights of way, as part of a required landscape plan. (ii) Downtown street trees shall be planted in accordance with adopted downtown streetscape standards. (iii) Menu of Options. All projects shall provide street trees along street frontages between the public right of way and building face. Any street trees within the public right-of-way must be approved by the City Engineer. Projects may choose one of the options listed in Subsection a, b, or c to fulfill this requirement. Trees within the below listed tree size categories shall be those trees listed in the City’s Engineering standard list, or as otherwise approved by the City based on similar size characteristics (height and spread) and appropriateness for urban planting. a. Large Trees. Large Trees shall be planted within an unpaved planting area and in compliance with Section 9-4.126 as follows: 1. With a maximum spacing of seventy (70) feet on center between trees; 2. With a three (3)-foot minimum distance from back of sidewalk; and 3. With a twelve (12)-foot minimum distance to buildings on all sides. 4. Encroachment with flatwork for outdoor amenity spaces may occur provided that a minimum 6-feet by 6-feet open planter area is maintained. 6/11/24 | Item B1 | Attachment 1B
Page 168 of 244
b. Medium Trees. Medium Trees shall be planted within an unpaved planting area and in compliance with Section 9-4.126 as follows: 1. Within a maximum spacing of forty (40) feet on center between trees; 2. With a three (3)-foot minimum distance from back of sidewalk; and 3. With an eight (8)-foot minimum distance to buildings on all sides. 4. Encroachment with flatwork for outdoor amenity spaces may occur provided that a minimum 6-feet by 6-feet open planter area is maintained. c. Accent Trees. Accent Trees shall be planted within an unpaved planting area and in compliance with Section 9-4.126 as follows: 1. Within a maximum spacing of twenty-five (25) feet on center between trees; 2. With a three (3)-foot minimum distance from back of sidewalk; and 3. With a five (5)-foot minimum distance to buildings on all sides. 4. Encroachment with flatwork for outdoor amenity spaces may occur provided that a minimum 6-feet by 6-feet open planter area is maintained . (iv) Tree Species. Tree species shall be consistent with the City’s Engineering standard. Another comparable tree not on the City’s Engineering standard list may be allowed, subject to the approval of the City Engineer and Community Development Director. (v) Location. Street trees shall be planted outside of the public right of way unless approved by the Public Works Department. (vi) Groupings. Naturalized tree groupings that total the same number of trees indicated in Subsections 9-4.125(a)5.i.a.1 and 9-4.125(a)5.i.b.1 may be allowed for Large and Medium Trees where warranted by unique site conditions, subject to the approval of the City Engineer and Community Development Director. (vii) Installation. All trees within 10-feet of a public sidewalk or road surface shall be installed with a root barrier and deep root watering system. (viii) Maintenance. Maintenance responsibilities shall be per AMC 4-6.04. All street trees must be maintained in a manner that allows the tree to reach its natural height and spread. The use of growth inhibiting substances or pruning practices is prohibited. (ix) Removal and Replacement. Damaged or failing street trees may be removed provided replacements are provided within 8 weeks of removal, unless otherwise approved by the Community Development Director. (6) Special Use Sites. As required by Chapter 9-6 of this title for specific land uses, for the purposes of screening, buffering or general landscaping; (7) Where Required by Conditions of Approval. As set forth in conditions of approval adopted pursuant to Section 9-2.110(b)(3)(ii); (8) A minimum five (5) foot landscape strip must be provided within the side yard setback of all commercial and multifamily project sites, except in locations where a reciprocal access easement exists with the adjacent lot or commercial building is located (see Section 9-4.117[a][3][iv]). This side yard width may be reduced to three (3) feet if decorative concrete pavement is utilized. 6/11/24 | Item B1 | Attachment 1B
Page 169 of 244
(cb) Exceptions to Required Landscaping. (1) Agricultural Usee Zone. Except where required for a special use by Chapter 9-6 of this title, setback and unused area landscaping, in accordance with subsections (a)(1) and (a)(2) of this section, is not required where such areas are cultivated or maintained in native vegetation in association with agricultural uses. (2) Planning Commission Modification. Where conditional use permit approval is required, the Planning Commission may waive, modify or increase the landscaping requirements of this section. If landscaping is decreased from the requirements listed above, if a findings can must be made as follows: (i) that eExisting vegetation, topography, or structural arrangement preclude the need for landscaping. (ii) Use of decorative pavement material such as pavers or colored stamped concrete has been incorporated over a minimum of twenty-five percent (25%) of the paved area of the site; (iii) The project includes installation of a variety of tree and plant materials, including ornamental species and native trees; (iv) Minimum 15-gallon trees and shrubs are used throughout the project site. (v) For multi-family developments, the project meets the minimum open space requirements of Section 9-3.262 9-4.125 9-4.126 Standards for landscaping materials. Materials used and their installation and maintenance is subject to the following provisions, except single-family residences within a single-family residential zone: (a) Allowable Materials. Landscaping shall include some combination of the following materials, where appropriate to achieve the intended or required purpose of the landscaping (e.g., screening, etc.) and must meet all Wildland Urban Interface (WUI) standards, as applicable but in no case shall contain only nonliving landscape materials: (1) Trees (minimum fifteen (15)-gallon size), shrubs (minimum one (1)-gallon size), groundcover, non-invasive vines, flowers or lawns (drought-resistant plantings are preferred in order to minimize water use for landscaping). (2) Nonliving landscaping materials, including but not limited to Ddecorative pavement, mulch, decorative boulders, or other decorative materials in accordance with landscape coverage standards listed in Section 9-4.125 of this chapter; (3) Natural features such as rock outcrops; (4) Structural features, including fountains, ponds, walls, and fences. (5) For multifamily residential projects, a pedestrian entry feature may be installed that exceeds the fence height standards but shall not exceed a maximum height of nine feet, width of eight feet, and depth of four feet. (b) Excluded Materials. Landscaping proposed to satisfy the requirements of this title shall not include any plant materials which: (1) Have root structures that in their mature state may damage or interfere with the normal use of existing public or private underground electrical lines, cables, or conduits, pipes or other underground structures; or public or private sidewalks, curbs, gutters or paved parking and turnaround areas, drainage improvements, or adjacent structures, foundations or landscape materials. For residential projects of two units or more, landscaping and planting plan must demonstrate landscaped area can accommodate proposed plant palette at full maturity; 6/11/24 | Item B1 | Attachment 1B
Page 170 of 244
(2) Will have diminished potential for survival because of proposed locations or grouping that does not satisfy the needs of the plant material necessary for healthy growth; (3) Because of proposed location and type, will create a potential hazard of brush or forestwild fire; (4) Will obstruct the vision of vehicle operators or pedestrians at points of intersection between pedestrian and vehicular traffic. (refer to engineering standard: Minimum Sight Distance for Driveways and Intersecting Roads with Stop Control); (5) Are identified on California Department of Food and Agriculture list as noxious or invasive; (d) Concrete Curbing. Where landscaping is required to be installed by Section 9-4.125 of this chapter, such landscaping shall be enclosed by raised concrete curbing or an approved functional equivalent, prior to final unless a bond is approved by the Community Development Director. (ec) Proper Maintenance Required. All required plantings shall be maintained in good growing condition, and in any case where a required planting has not survived, shall be replaced with new plant materials. All landscaping on-site or planted along street frontage shall be maintained in a manner that allows trees to grow to their full natural height and natural canopy. No growth suppressants shall be permitted that result in stunting or modifying the natural growth pattern of the tree. A maintenance agreement may be recorded against the property in a form approved by the Community Development Director. -4.126 9-4.127 Landscaping plans. The purpose of a landscaping plan is to identify the placement and type of plant materials as features of project design. By detailing the plantings and method of irrigation proposed, a landscaping plan provides an effective means for evaluating whether chosen plant materials will: survive in the climate and soils of a given site; satisfy the functional objectives of landscaping (such as erosion control, screening, recreational opportunities, and shade) within a reasonable time; and whether a proposed irrigation system will adequately support landscaping while conserving water. Landscaping plans shall be prepared, processed, and used as follows: (a) Where Required. Landscaping plans are required for all commercial, mixed-use, and multi-family projects approved precise plan and conditional use permit applications prior to issuance of a building permit, except for: (1) Residential projects of two (2) units or less; (2) Agricultural uses not involving buildings and agricultural accessory buildings. (b) Landscaping Plan Content. Landscaping plans are to be neatly and accurately drawn, at an appropriate scale, that will enable ready identification and recognition of information submitted. Where a project covers only a portion of a site, the landscaping plan need show only the areas where existing soil contours and vegetation will be disturbed by construction or use, or other areas where landscaping is required. Landscaping plans shall show the following details, in accordance with the applicable design standards: (1) The location of all trees existing in or within fifty (50) feet of areas proposed for grading or other construction that are eight (8) inches or larger in diameter at four (4) feet above natural grade. Trees proposed to be removed are to be identified (refer to Section 9-11.105 for tree removal standards); (2) Any shrubs or plants identified as rare, endangered or critical by the San Luis Obispo County Native Plant Society; (3) Proposed landscaping details, including the location, species, container size, and number of trees, shrubs and groundcover, and provisions for irrigation; 6/11/24 | Item B1 | Attachment 1B
Page 171 of 244
(4) Details and location of proposed fencing, entries, trash collection areas and freestanding signs; (5) Walkways, plazas and sitting areas, play areas, including related street furniture and permanent outdoor equipment; (6) Outdoor light fixtures, including their location, height and wattage; (7) Irrigation system details, where an automatic irrigation system is proposed or required. Irrigation plan details shall include: (i) A plan and schedule of equipment, including gate valve, backflow preventer, control valves, piping, sprinkler heads, meter size and location, (ii) Water source, including type, size of service connection, flow in gallons per minute (GPM), static water pressure in pounds per square inch (PSI), and maximum pressure in PSI required to operate the irrigation circuit with the greatest pressure loss in the system. 9-4.127 9-4.128 Fencing and screening. Standards for fencing and screening are established by this section to protect certain uses from intrusion, to protect the public from uses that may be hazardous, and to increase compatibility between different land uses by visual screening. Fencing is the enclosure of an area by the materials identified in subsection (c) of this section. Screening is the enclosure of an area by a visual barrier, which may include solid fencing or other materials, as specified in subsection (c) of this section. (a) Fencing and Screening—Where Required. Within the urban services line, the uses and areas listed in this subsection shall be fenced and/or screened, as indicated. Unless otherwise specified, fencing and screening are to be a minimum height of six (6) feet. Fencing and screening materials of a height greater than three (3) feet shall not be located within a required primary, secondary, or corner front setback or side street setback adjacent to a street. All fencing must meet Wildland Urban Interface (WUI) standards, as applicable. (1) Utility and Mechanical Equipment. When located outside of a building, support equipment, including all roof mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems but not including plumbing or exhaust vents, or chimneys, shall not exceed noise levels of 50dB at the property line and shall be screened to the height of the particular piece of equipment, as follows: (i) Roof-Mounted Equipment. Mechanical equipment may be mounted on roofs, provided the equipment is concealed from the view of abutting streets withTo be screened by solid architectural features that are integrated into the overall architectural design, such as a parapet wall. Temporary and lattice materials must not be used. from the view of abutting streets. (ii) Equipment at Grade. When located on the ground adjacent to a building, mechanical equipment shall be screened by landscaping, a solid wall or fencing from the view of the street or surrounding properties. All exterior support equipment shall be screened or incorporated into the design of buildings so as to minimize visual impact from the public right-of-way or adjacent residential zones. Screening materials shall be consistent with the exterior colors and materials of the building or shall include evergreen landscaping that will grow to fully screen the equipment within six (6) months of installation. This subsection does not apply to single-family residential uses. 6/11/24 | Item B1 | Attachment 1B
Page 172 of 244
(a). Mechanical equipment located within three (3) feet of a structure shall be fully screened with structural/architectural screening that matches the architectural style and materials of the adjacent structure. (b. )Mechanical equipment that is set back more than three (3) feet from a structure shall be fully screened with landscaping, except sides where access for maintenance is required. Proposed plant materials shall have the capability of achieving sixty percent (60%) of total view blockage within eighteen (18) months of planting, and one hundred percent (100%) of total view blockage within thirty-six (36) months of planting. Maintenance access sides shall be oriented away from the public way or any common open space area(s). (c.) The Design Review Committee (DRC) may grant an exception to these requirements. In granting a request for an exception, the Design Review Committee (DRC) shall find that screening is infeasible due to health and safety or utility requirements. (2) Outdoor Storage. To be screened on all sides by a wall or fencing. (3) Public Utility Substations. To be screened on all sides in a manner that will provide an effective visual barrier as well as the necessary safety clearances required by order of the California Public Utilities Commission. (4) Side and Rear Lot Lines. The side and rear property lines of all nonresidential uses are to be screened as follows: (i) Adjacent to a Residential Use or Zone. A solid wall or fencing shall be located on side and rear property lines of any nonresidential or nonagricultural use abutting a residential use or zone. (5) Swimming Pools. Yard areas with private swimming pools must be constructed per building code requirements. (b) Exceptions to Fencing and Screening Requirements. (1) Buildings Abutting Property Lines. Required screening or fencing may be omitted along any lot line where a building wall exists immediately abutting the lot line. (2) Location Adjustment. Where property fencing or screening is required, the location may be adjusted by approval of an administrative use permit (refer to Section 9-1.112 of this title), so the fencing may be constructed at or within the setback line, provided the areas between the fence and the property lines are landscaped, or in rural areas, retained in their natural vegetative state. (3) Planning Commission Modification. Any of the requirements of this section may be waived or modified through conditional use permit approval, provided the Planning Commission first finds that specifically identified characteristics of the site or site vicinity would make required fencing or screening unnecessary or ineffective. (c) Standards for Fencing and Screening Materials. All fencing and screening shall be allowed as follows: (1) Height. Fence and screen height shall be permitted as follows: (i) RS/RR/RSF-Z/RSF-Y (with one (1) acre net or larger) Zones. a. Fencing within a required front or corner yard street setback may be up to five (5) feet in height, provided that the top two (2) feet remain a minimum of eighty percent (80%) visibility. The fence shall not impair safe sight distance for vehicular traffic nor result in any other potential adverse impact on human health and safety (refer to engineering 6/11/24 | Item B1 | Attachment 1B
Page 173 of 244
standard: Minimum Sight Distance for Driveways and Intersecting Roads with Stop Control). b. Fencing associated with agriculture type activities including, but not limited to, “deer fencing” and other fencing that is a minimum of eighty percent (80%) visible may be up to seven (7) feet in height. Chain link fencing, wrought iron fencing, and any other decorative type of fencing is not considered “agriculture” type fencing for the purposes of this subsection. c. Fencing within a required side or rear setback may be a maximum of six (6) feet in height. (ii) RSF-Y (less than one (1) acre net) /RSF-X/LSF-Z/LSF-Y/LSF-X/RMF-10/RMF-20. a. Fencing within a required front or corner yardprimary or secondary street frontage setback can may be a maximum of four (4) feet in height. b. Fencing within a required side or rear yard setback shall be a maximum of six (6) feet in height. c. Interior fences or landscape delineation between private yards and common open spaces within multifamily developments, including cottage clusters, shall comply with Section 9-4.130(k)(5). d. Exterior fencing (along the original project site perimeter for cottage clusters and along the property lines for other multifamily projects) for multifamily residential projects shall be consistent in style, design, and materials throughout the project site and subject to any applicable additional standards of this section. (iii) Residential Gates: a. Gates are permitted in single-family residential zoning districts for private driveways. b. Gates shall be setback a minimum of twenty (20) feet from the right of way in accordance with engineering standards. c. Gates shall be a maximum of twelve (12) feet in height and shall remain residential in nature. d. Gateposts and other superstructures over site entrances and exits may be up to twelve (12) feet in height. e. Gates shall comply with emergency access standards. f. Gates shall not swing open toward the street unless the maximum swing is not closer than sixteen (16) feet from the edge of the right-of-way. g. Gates or associated structures shall comply with minimum sight-distance standards. h. A construction permit shall be required for all gates that exceed six (6) feet in height or contain electrical components. (iv) Height Measurement. Fence height shall be measured from the adjacent grade of the downhill side of the wall, fence, or hedge. a. Where fences or walls are located on retaining walls or berms, the height of the retaining wall or berm shall be considered as part of the overall height of the fence or wall if the retaining wall or berm exceeds two (2) feet in height. b. If a retaining wall is terraced and separated by five (5) feet of horizontal space or greater, they shall be considered individual walls for the purposes of measuring height. (v) CN/CP/CR/CS/CT/CPK/DC/DO. 6/11/24 | Item B1 | Attachment 1B
Page 174 of 244
a. Barbed wire/ razor wire/ concertina wire shall not be located in commercial zones. This does not apply to agricultural fencing utilized in a low height four (4) feet in height or less within a rural setting to enclose livestock. (vi) IP/I zones. Barbed, razor, or concertina wire is subject to approval of the Design Review Committee (section 9-2.107) if findings can be made that it will not negatively impact the health and welfare of the surrounding area and its appearance is consistent with surrounding properties and land uses. (2v) The Design Review Committee (DRC) may grant an exemption to the front setback fencinge height requirement in setbacks adjacent to streets, to a maximum of six (6) feet in height if proposed fence would be consistent with the neighborhood character and does not impair site distance for vehicular traffic, as reviewed by the City Engineer. (3vi) Permit to Exceed Height. A minor conditional use permit approval is required where fencing is proposed to be greater than six (6) feet in height within or outside any required setback, with the exception of fencing described in subsection (c)(1)(i)(b) or subsection (c)(1)(a). (2) Additional Fencing Requirements. All fencing shall also comply with the following standards: (i) Transparency. Fencing within a required primary or secondary street setback shall have at least fifty percent (50%) transparency. The following designs and/or materials may be used: hog panel with wood frame, split rail, decorative iron, metal picket, wood picket, welded pipe rail with wire, or similar as approved by the Community Development Director. (ii) Fence Materials. a. The following designs and/or materials must not be used in any zoning district except as specified below for Industrial and Industrial Park Zoning designations: chain-link that does not comply with sSection 9-4.128(c)(4)(ii), barbed wire, razor wire, plywood, particle board, paper, visqueen plastic, plastic tarp, cloth, or similar material,. except that barbed, razor, or concertina wire fencing may be allowed as follows: i. For agricultural fencing utilized in a low height four (4) feet or less within a rural setting to enclose livestock ii. In the industrial and Industrial Park zoning districts, barbed, razor, or concertina wire is subject to approval of the Design Review Committee (section 9-2.107) if findings can be made that it will not negatively impact the health and welfare of the surrounding area and its appearance is consistent with surrounding properties and land uses. b. Dog-eared fencing and electric fences for animal control must not be used in any zoning district except in single-family and agriculture zoning districts, c. Wood fencing in any multi-family or non-residential development shall include a top and bottom rail. d. Fence posts shall be metal or pressure treated wood. (iii) Fencing around storm drainage basins: a. Shall not exceed four (4) feet; b. Shall be at least seventy-five percent (75%) transparent; and c. May be constructed of split rail or other natural materials that have horizontal material application. 6/11/24 | Item B1 | Attachment 1B
Page 175 of 244
(43) Screening Materials Substitution. Where screening is required to be a solid wall or fence, the following materials may be substituted through adjustment (see Section 9-1.112 of this title)subject to the approval of the Community Development Director, except where screening is required adjacent to a residential use or zone: (i) Landscape Screen. Screening plant materials may be substituted for a wall or fence, where: a. Proposed plant materials are certified in writing by a registered landscape architect as having the capability of achieving sixty percent (60%) of total view blockage within eighteen (18) months of planting, and one hundred percent (100%) of total view blockage within thirty-six (36) months of planting; and b. The applicant agrees in writing to install solid fencing after the expiration of thirty-six (36) months, in the event that the landscaping has not totally blocked the view of areas required to be screened. (ii) Berms. A landscaped berm may be substituted for a wall or fence, provided that the combination of berm and landscaping is no less than the required height of the fence or wall, and that the berm is constructed with a maximum slope of three to one (3:1), with side slopes designed and planted to prevent erosion, and with a rounded surface a minimum of two (2) feet in width at the highest point of the berm, extending the length of the berm. The berm shall be planted with shrubs, lawn or groundcover.(iii) Chain-Link Fencing. Vinyl-coated, chain-link fencing with evergreen landscape screen planting within a planting area at least three (3) feet in width may be substituted for a solid wall or fence in commercial and industrial zones, except where screening fencing is required adjacent to residential uses and zones. 9-4.128 9-4.129 Solid waste, recycling, and organics collection and disposal. Within the urban services line, all land uses requiring a zoning approval, except single family dwellings, temporary uses, agricultural uses, and other uses that do not create a need for solid waste pickup and disposal shall provide an enclosed area for the temporary storage of solid waste before disposal truck pickup, as required by this section. (a) Application Content. Applications Permit and entitlement applications for plot plan, precise plan and conditional use permit approval shall include the location of solid waste collection areas, collection containers, and maneuvering areas for disposal trucks, including access driveways where necessary. (b) Collection Area Standards. (1) Required Facilities. The following facilities shall be required for each project type. (i) Multi-family. Multi-family developments of two (2) units or less may be served by a consolidated shared waste collection area or may be served by individual trash receptacles for each unit if the property frontage is greater than fifty (50) linear feet. Multiple-family developments with more than two (2) units shall be served by consolidated common waste collection area(s). (ii) Mixed-use. All mixed-use developments shall be served by consolidated common waste collection area(s) regardless of the number of units. (iii) Commercial. All commercial developments shall provide a consolidated area(s) for solid waste collection. 6/11/24 | Item B1 | Attachment 1B
Page 176 of 244
(12) Location of Collection Facilities. The solid waste collection area(s) shall be located within one hundred (100) feet of the dwellings or buildings served, but is not to be located in any front primary or secondary street yard setback (Section 9-4.106). (i) Exception: For multifamily residential projects of two or more units, subject to an administrative use permit and compliance with the following standards, solid waste collection areas may be placed within a primary, secondary, or corner street setback: a. Solid waste collection area shall be placed at least five feet from the primary street property line; b. The project shall provide an additional Tier 1 amenity for open space (described in Section 9-3.262(c)(4)(i)); c. The solid waste collection enclosure shall be designed to include all of the following: 1. Shed, gabled, or trellis-style roof; 2. A walled in area utilizing the same solid primary or secondary siding materials as the multifamily structure; and 3. Installation of a minimum of five (5) feet of landscaping surrounding non-entry portions of the structure; and d. Tree spacing along property frontage in accordance with Section 9-4.125(a)(3). (2) Enclosure Required. Solid waste collection areas that use dumpsters or other containers with a total capacity greater than two (2) thirty-three (33) gallon containers shall be designed to accommodate dumpsters, cans, compost, and/or recycling containers adequate to serve the project and consistent with State law, and shall be screened from the view of public streets and adjoining properties by a solid fence or wall as high as the collection container, but not less than three (3) feet nor more than six (6) feet in height. (3) Enclosure Construction Standards. (i) The floor or bottom surface of a solid waste collection area shall be of concrete or other impervious materials. (ii) The collection shall have adequate unobstructed vertical clearance, consistent with the solid waste removal service standards. for a minimum height of twenty-five (25) feet. (4) Enclosure Construction Standards – Multifamily Residential and Mixed-Use Development. In addition to the above, the following standards apply to residential projects of two or more units: (iii) Enclosures shall be constructed of the same architectural design and materials of the primary structures on site, or shall be constructed of a darker earthtone textured block. . (ii) If located between a primary building and a street, enclosures shall be compliant with Section 9-4.129(b)(i). (vi) Every trash enclosure for multi-family residential development shall have a non-combustible, overhanging trellis or roof cover designed to prevent precipitation from entering trash bins. (vii) Enclosures shall have solid steel vehicular entry doors and one pedestrian door. (ix) Wheel stops or curbs shall be provided to prevent dumpsters from hitting walls of enclosure. 6/11/24 | Item B1 | Attachment 1B
Page 177 of 244
9-4.137 Exterior lighting. The standards of this section are applicable to all outdoor night-lighting sources installed after the effective date of this title, except for streetlights located within public rights-of-way and all uses established in the Agriculture Zone. An electrical permit may be required by Title 8. (a) Illumination Only. Outdoor lighting shall be used for the purpose of illumination only and shall not be designed for or used as an advertising display, except as provided by Sections Title 9, Chapter 15 (Sign Code). 9-4.130 et seq. (b) Nondecorative Exterior Lighting Shielded. All nondecorative exterior lighting shall be dark-sky compliant or equivalent and shall be recessed at least two inches or shall be shielded with two-inch shielding as measured from the lens or light source to direct light toward buildings or the ground and reduce glare. Light sources shall be designed and adjusted to direct light away from any road or street and away from any property or buildings outside the ownership of the applicant. (c) Minimization of Light Intensity. No light or glare shall be transmitted or reflected off-sitein such concentration or intensity as to be detrimental or harmful to persons or to interfere with the use of surrounding properties or streets and must not exceed four thousand (4,000) Kelvin. (d) Decorative Exterior Lighting Shielded. The light source for all Where lights, including those are used for the purpose of illuminating or accenting building walls, signs, flags, architectural features, or landscaping, the light source is to shall be shielded so as not to be directly visible from off-site, .and must not exceed four thousand (4,000) Kelvin. String lights may be allowed in occupied dining and entertainment areas only and must not exceed three thousand (3,000) Kelvin. String lights shall not be used as landscape lights. This does not apply to seasonal lighting. (e) Ground Illuminating Lights. Any light source used for ground area illumination except incandescent lamps of one hundred fifty (150) watts or less and light produced directly by the combustion of natural gas or other fuels, shall be shielded from above in such a manner that the edge of the shield is level with or below the lowest edge of the light source. Where any light source intended for ground illumination is located at a height greater than eight (8) feet, the required shielding is to extend below the lowest edge of the light source a distance sufficient to block the light source from the view of any residential use within one thousand (1,000) feet of the light fixture. (f) Height of Light Fixtures. Freestanding outdoor lighting fixtures shall not exceed the allowed height of the tallest building on the site, pursuant to Section 9-4.11112-feet in height. (g) Parking Lot Lighting. Parking lot lighting may not exceed the levels needed to provide low level safety lighting for parking lot areas, as demonstrated by photometric plans. (h) Motion Sensors. Lighting must be on motion sensors to minimize lighting when not in use. (i) Pedestrian Lighting. All lighting near residential units and along pedestrian pathways must be a pedestrian scale, which may include bollard lighting. (j) Exceptions: Lighting required for security at ATMs (and similar types of areas) may be exempt from shielding requirements if it can be shown that shielding will conflict with lighting levels required for safety. 9-4.137 Amend AMC 9-4.159(b) as follows: (b) Where Required. Within the urban services line, concrete curb, gutter, and sidewalk is required with any project in the following areas: (1) In all commercial zones, except in commercial areas oriented to highway travel unless pedestrian, vehicular and use characteristics of the project and surrounding area indicate a need for the improvements. 6/11/24 | Item B1 | Attachment 1B
Page 178 of 244
(2) In the RMF Zones, except that area with a permitted density of ten (10) units or less where the right-of-way is not of sufficient width to accommodate sidewalks on both sides, the City Engineer may allow alternative improvements to accommodate pedestrian walking surface on one side of the street and parking on the other side of the streetnot be required to provide the improvements unless pedestrian, vehicular and use characteristics of the project and surrounding area indicate a need for the improvements. In RMF Zones with a permitted density of ten (10) units or less per acre, asphalt or similar shoulder improvements shall be provided to accommodate pedestrian. (3) In all industrial zones, except that sidewalks may not be required unless pedestrian, vehicular and use characteristics of the project and surrounding area indicate a need for the improvements. (4) In areas designated by any Curb, Gutter and Sidewalk Plan adopted by the City Council. (5) In Planned Developments except where an alternative pedestrian path system is proposed and accepted by the City Engineer. (6) Along El Camino Real. (7) Along Morro Road (Capistrano Avenue to San Gabriel Road). 9-4. Amend AMC 9-9.102 to add the following definitions: Abutting/Adjoining. Contiguous to; having district boundaries or lot lines in common (i.e., not separated by an alley, public or private right-of-way, or street). Adjacent. The condition of being near to or close to but not necessarily having a common dividing line. Two properties that are separated by an alley, public or private right-of-way, street, (other than a principal arterial), public access easement, or creek, river, stream, or other natural or artificial waterway shall be considered as adjoining one another. See also “Abutting/Adjoining.” Open Space, Common. Open space that is accessible to all dwelling units on the site in the form of courtyards, landscaping, pedestrian paths, and recreational facilities. Open Space, Private. Open space that is accessible directly from the living area of a dwelling unit in the form of a fenced yard or patio, a deck, or balcony. Open space, usable. Areas designed and intended to support residents’ passive or active use and located on the same parcel as the dwelling units for which it is required, or development where shared access and use is provided. Usable open space shall not include any portion of parking areas , streets, driveways, sidewalks, or turnaround areas. 6/11/24 | Item B1 | Attachment 1B
Page 179 of 244
CITY OF ATASCADERO Community Development Department, Planning Division 6500 Palma Ave, Atascadero, CA 93422 Tel: (805) 461-5035 Email: PermitCenter@atascadero.org Website: www.atascadero.org Page 1 of 4 Applicants are advised to consult the Planning and Zoning Code
CITY OF ATASACADERO MIXED-USE PROJECT CHECKLIST Page 2 of 4 Project Complies
CITY OF ATASACADERO MIXED-USE PROJECT CHECKLIST Page 3 of 4 Project Complies
CITY OF ATASACADERO MIXED-USE PROJECT CHECKLIST Page 4 of 4 Project Complies
CITY OF ATASCADERO Community Development Department, Planning Division 6500 Palma Ave, Atascadero, CA 93422 Tel: (805) 461-5035 Email: PermitCenter@atascadero.org Website: www.atascadero.org Page 1 of 6 Applicants are advised to consult the Planning and Zoning Code
CITY OF ATASACADERO MULTI-FAMILY PROJECT CHECKLIST Page 2 of 6 Project Complies
CITY OF ATASACADERO MULTI-FAMILY PROJECT CHECKLIST Page 3 of 6 Project Complies
CITY OF ATASACADERO MULTI-FAMILY PROJECT CHECKLIST Page 4 of 6 Project Complies
CITY OF ATASACADERO MULTI-FAMILY PROJECT CHECKLIST Page 5 of 6 Project Complies
CITY OF ATASACADERO MULTI-FAMILY PROJECT CHECKLIST Page 6 of 6 Project Complies
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item B2
Department: Community
Development
Date: 6/11/24
Placement: Public Hearing
TO: JAMES R. LEWIS, CITY MANAGER
FROM: PHIL DUNSMORE, DIRECTOR OF COMMUNITY DEVELOPMENT
PREPARED BY: LORELI CAPPEL, DEPUTY DIRECTOR OF ECONOMIC & COMMUNITY
DEVELOPMENT
SUBJECT: Economic Development Subsidy - Restaurant Incentive Loan Program
RECOMMENDATION:
Council:
1. Conduct a public hearing to receive public testimony on the Economic Development
Subsidy for the City’s Restaurant Incentive Loan Program.
2. Receive and file the information on the Subsidy required pursuant to Government Code
Section 53083.
DISCUSSION:
On December 13, 2022, the City Council approved the Restaurant Incentive Loan Program as an
action item to support Downtown Vibrancy under the 2023-2025 City Council Action Plan. The
program is managed and operated by the Economic Development Collaborative (EDC), a third-
party non-profit that operates loan programs for other jurisdictions in Santa Barbara and Ventura
Counties. In July of 2023, the city launched the Loan Program. The EDC lends city general funds
in loan increments of up to $125,000 at 4.25% over a 7-year term. The loan fund includes
$1,000,000 of general fund dollars and is a revolving fund that will replenish over time as balances
are paid down, allowing for future public reinvestment.
The primary goal of this program is to assist in the facilitation of commercial kitchen installation
in the Downtown Commercial Zoning District. The program's ongoing purpose is to support the
growth and success of restaurants in the city by incentivizing additional restaurants, offsetting the
rising costs of opening eating and drinking establishments, and increasing downtown vibrancy
while generating jobs and sales tax revenue in the city.
The program is authorized under Government Code §53083: Economic Development Subsidies.
The program will have a projected tax revenue of $80,000 per year (once all loan money is
distributed). This figure is generated from the estimate of 10 new downtown restaurants created,
multiplied by approx. $8,000 per year in tax revenue from each restaurant (average derived by
HDL reports), for a total of $80,000 of local agency tax revenue. The estimated number of jobs
Page 190 of 244
6/11/24 | Item B2 | Staff Report
created by this subsidy is approximately 20 full-time jobs as derived by the industry standard of
one job per every $50,000 of funding lent.
As of today, the loan fund ($500,000 from FY23-24) will be funding three (3) restaurants at
$125,000 each for a total of $375,000. Each loan applicant is asked to engage with an experienced
restaurant business coach (paid for by the state under the Small Business Administration). The
remaining $125,000 will remain in the fund for new applicants. To date, over 25 hours of
consulting have been provided to our loan applicants to ensure their business’s success. The
second disbursement of city funding ($500,000 from FY24-25) will be deposited for year two
funding on July 31st, 2024. The program is estimated to incentivize between 8 - 10 downtown
restaurants.
Pursuant to government code §53083, the City needs to approve a Public Notice of Hearing and
Report for the Restaurant Incentive Loan Program. The Public Notice is included as Attachment 1.
FISCAL IMPACT:
This program will use $1,000,000 in General Funds for the loans and third-party loan
administration; all interest income will be put back into the program.
REVIEWED BY OTHERS:
This item has been reviewed by Legal Counsel and the Administrative Services Director.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENT(S):
1. Economic Development Subsidy Information (per Govt Code 53083) – Restaurant Incentive
Loan Program
Page 191 of 244
6/11/24 | Item B2 | Attachment 1
ECONOMIC DEVELOPMENT SUBSIDY INFORMATION
PURSUANT TO GOVERNMENT CODE SECTION 53083
ECONOMIC DEVELOPMENT SUBSIDY TO BE GIVEN
UNDER AN OPERATING COVENANT AGREEMENT
BETWEEN THE CITY OF ATASCADERO AND THE
ECONOMIC DEVELOPMENT COLLABORATIVE (EDC)
The purpose of the following report is to provide the information required pursuant to Government
Code Section 53083. This report shall remain available to the public and posted on the City’s
website until the end date of the economic development subsidy (described in Item 2 below).
1. The name and address of all corporations or any other business entities, except for
sole proprietorships, that are the beneficiary of the economic development subsidy.
The Agreement is with the Economic Development Collaborative (EDC) and all entities
that they select for the Restaurant Assistance Loan Program. The EDC is a non-profit 501c-
3 whose address is 4001 Mission Oaks Blvd., Suite A-1, Camarillo, California 93012, Attn:
Marvin Boateng.
2. The start and end dates and schedule, if applicable, for the economic development
subsidy.
The start date of the economic development subsidy will be June 11, 2024, and the end
date will be seven (7) years after such date.
3. A description of the economic development subsidy, including the estimated total
amount of the expenditure of public funds by, or of revenue lost to, the local agency
as a result of the economic development subsidy.
Total Loan Capital to establish the Revolving Loan Fund is $1,000,000. The economic
development subsidy will be paid by the city to the EDC in 2 payments on July 31, 2023,
and on July 31, 2024, each payment being $500,000 paid to the EDC’s interest-bearing
account held in Trust for lending to applicants on behalf of the City of Atascadero’s
Restaurant Loan program.
4. A statement of the public purposes for the economic development subsidy.
The primary goal of this program is to assist in the facilitation of commercial kitchen
installation in the Downtown Commercial Zoning District. The program's ongoing purpose
is to support the growth and success of restaurants in the City by incentivizing additional
restaurants, offsetting the rising costs for opening eating and drinking establishments, and
increasing downtown vibrancy while generating jobs and sales tax revenue in the City.
5. The projected tax revenue to the local agency as a result of the economic development
subsidy.
Page 192 of 244
6/11/24 | Item B2 | Attachment 1
The program will have a projected tax revenue of $80,000 per year (once all loan funds are
disbursed) as a result of the economic development subsidy.
This figure is generated from the estimate of 10 new downtown restaurants created,
multiplied by approx. $8,000 per year in tax revenue from each restaurant (average derived
by HDL reports), for a total of $80,000 of local agency tax revenue.
6. The estimated number of jobs created by the economic development subsidy, broken
down by full-time, part-time, and temporary positions.
The economic subsidy is projected to create 20 full-time equivalent jobs. This figure is
generated from the industry standard of 1 job per every $50,000 of funding lent. There are
no part-time or temporary positions anticipated at this time.
Page 193 of 244
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item B3
Department: Community
Services &
Promotions
Date: 6/11/24
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: TERRIE BANISH, DIRECTOR OF COMMUNITY SERVICES & PROMOTIONS
PREPARED BY: TERRIE BANISH, DIRECTOR OF COMMUNITY SERVICES &
PROMOTIONS
SUBJECT: Downtown Parking and Business Improvement Area (DPBIA)
Confirmation of Annual Assessment for Fiscal Year 2024-2025
RECOMMENDATIONS:
Council adopt Draft Resolution, confirming the annual assessment for the Downtown Parking and
Business Improvement Area (DPBIA) for Fiscal Year 2024-2025.
DISCUSSION:
The City of Atascadero established a Downtown Parking and Business Improvement Area in 1986
(Chapter 11 of the Atascadero Municipal Code) for the purpose of acquisition, construction or
maintenance of parking facilities, decoration of public places, promotion of public events, and
general promotion of business activities in the downtown area. The formation and operation of a
Parking and Business Improvement Area is governed by the California Streets and Highways Code
(Section 36500 et. Seq.). The Code requires the City to levy and collect the assessments, the City
Council to adopt an annual Resolution of Intention declaring the City’s intent to levy an annual
Downtown Parking and Business Improvement Area assessment and hold a public hearing
confirming the assessment. The City Council adopted a Draft Resolution of Intention on May 28,
2024, and set a public hearing for June 11, 2024, to receive public comment.
The assessment was reduced to $0.00 in 2010 at the behest of downtown landlords and as part of
a program to encourage downtown businesses. In January 2018, staff was approached by an
informal committee of downtown business owners, who expressed interest in reinstituting the full
levy of the assessment for the Downtown Parking and Business Improvement Area (DPBIA). The
full levy of the assessment is equal to 100 percent of the business license fee, essentially doubling
the business license fee, and is charged to businesses located in the BIA.
Page 194 of 244
6/11/24 | Item B3 | Staff Report
In 2019, the City entered into an agreement with the Atascadero Chamber of Commerce. The
Chamber of Commerce serves as the advisory body and the sub-contractor to the City regarding
the DPBIA. The informal committee of downtown business owners advises the Chamber of
Commerce on expenditures and assists in the creation of the annual budget. As part of the
contract, the Chamber provides an annual accounting of expenditures for the BIA funds.
The Chamber has submitted a report, which was provided to the Council at the May 28, 2024,
meeting and is Exhibit A to the proposed Resolution confirming the assessment. The Downtown
Parking and Business Improvement Area assessments collected by the City are estimated at
approximately $14,500 annually. The recommended action would confirm the assessment and
collection of these funds for downtown revitalization activities for 2024/2025. The report does not
propose any changes to the boundaries of the DPBIA or of the assessment.
The Chamber of Commerce is proposing expenditures for 2024-20245 with the Downtown Parking
and Business Improvement Area funds as follows:
2023-2024
ESTIMATED
2024-2025
REQUESTED
REVENUES
BIA Assessments- Received from the City 13,500$ 14,500$
Revenue from Events - -
Total Revenues 13,500 14,500
EXPENSES
Events (1,320) (4,000)
Beautification / Miscellaneous (95) (31,000)
Marketing (1,890) (5,000)
Administration (1,350) (1,450)
Total Expenses (4,655) (41,450)
Net Income 8,845 (26,950)
BEGINNING AVAILABLE BALANCE 27,598 36,443
ENDING AVAILABLE BALANCE 36,443$ 9,493$
The proposed expenditures focus on a combination of events and beautification ideas to help
promote the downtown and strengthen the businesses in the area. In 2023/2024 the downtown
business owners organized Trick-Or-Treat on Entrada and #ATownWithHeart. Downtown kiosk
maps were updated twice, and courtesy parking notifications were created to assist with employee
parking challenges. In 2024/2025 the Chamber will continue working with downtown business
owners to use beautification funds to install string lighting over Entrada Avenue.
An annual Draft Resolution of Intention, declaring the City’s intent to levy an annual Downtown
Parking and Business Improvement Area assessment and holding a public hearing, is required by
the California Streets and Highways Code for the City to levy and collect the assessments.
Page 195 of 244
6/11/24 | Item B3 | Staff Report
Consistent with State law, the City Council is required to adopt a Draft Resolution of Intention and
set a public hearing to receive public comment prior to the assessment being collected.
The City will collect funds for the Downtown Parking and Business Improvement Area along with
business license fees in December and January.
FISCAL IMPACT:
Adopting the staff recommendation will result in the collection of approximately $14,500 and
expenditure of $14,500 in budgeted DPBIA funds.
ALTERNATIVES:
1. The City Council may choose not to adopt the Resolution, confirming the levy of the assessment
as recommended, and discontinue the levy.
2. The City Council may grant Downtown Parking and Business Improvement Area assessment
funds in an amount lower than requested.
REVIEWED BY OTHERS:
This item reviewed by the Administrative Services Director and the Deputy City Manager.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENT(S):
1. Draft Resolution
2. Annual Report (FY 2024-2025)
Page 196 of 244
6/11/24 | Item B3 | Attachment 1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, CONFIRMING
DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA
ASSESSMENT FOR FISCAL YEAR 2024/2025
WHEREAS, the City of Atascadero established a Downtown Parking and Business
Improvement Area (DBPIA) consistent with Section 36500 et seq. of the Streets and Highways
Code of the State of California; and
WHEREAS, Section 36533 of the Streets and Highway Code of the State of California
requires a report to be filed with the City prior to the levy and collection of the assessment; and
WHEREAS, the City Council determined in 2010 to set the assessment at $0.00 to provide
a stimulus to downtown businesses in this time of unprecedented economic downturn, eliminating
the need for a report in accordance with Section 36533 of the Streets and Highway Code of the
State of California; and
WHEREAS, the City Council reinstituted the full levy of the assessment for the DPBIA
in 2018 at the request of downtown businesses; and
WHEREAS, the City has entered into an agreement with the Chamber of Commerce,
which serves as the advisory body and the sub-contractor to the City regarding the DPBIA; and
WHEREAS, an informal committee of downtown business owners advises the Chamber
of Commerce on expenditures and assists in the creation of the annual budget; and
WHEREAS, the Atascadero Chamber of Commerce filed a report with the City in
accordance with Section 36533 of the Streets and Highway Code of the State of California attached
hereto and incorporated herein by this reference; and
WHEREAS, the City Council having received the report adopted Resolution No. 2024-027
declaring intent to levy annual Downtown Parking and Business Improvement Area assessment
pursuant to Section 36534 of said code; and
WHEREAS, the City Council did fix a time and place for a public hearing on the levy of
the proposed assessment for fiscal year 2024-2025; and
WHEREAS, on June 11, 2024, the City Council conducted a public hearing at the date
and time for such purpose; and
WHEREAS, the City Council did not receive the required number of protests for the levy
of such assessment.
Page 197 of 244
6/11/24 | Item B3 | Attachment 1
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. The City Council of the City of Atascadero does hereby confirm approval of
the Section 36533 Report as originally filed and confirmation of approval of such report constitutes
the levy of an assessment for fiscal year 2024-2025, pursuant to the Streets and Highways Code
of the State of California.
SECTION 2. The Atascadero Chamber of Commerce is hereby designated to receive and
manage, with direction from the downtown businesses, Downtown Parking and Business
Improvement Area assessment funds for fiscal year 2024-2025.
SECTION 3. The City Council directs staff to make appropriations in the City’s budget
in accordance with such report.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___ day of
___June 2024.
On motion by Council Member ______ and seconded by Council Member _______, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO:
________________________________
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
Page 198 of 244
6/11/24 | Item B3 | Attachment 2
Exhibit A
Atascadero Chamber of Commerce
Downtown Parking and Business Improvement Area
Annual Report for Fiscal Year 2024-2025
The California Streets and Highways Code Section 36533 requires the preparation of a
report for each fiscal year for which assessments are to be levied and collected to pay
the costs of improvements and activities of the Improvement Area. The report may
propose changes, including, but not limited to the boundaries of the Parking and Business
Improvement Area or any benefit zones within the area, the basis and method of levying
the assessments, and any changes in the classification of businesses.
No boundary changes are proposed for Fiscal Year 2024-2025. The boundaries are more
specifically described as follows:
From the south corner of Morro Road at the Highway 101 over-crossing
then in the generally northwest direction immediately adjacent to
Highway 101, to a point at the intersection of El Camino Real and Rosario
Avenue, then easterly along Rosario Avenue, to a point at the intersection
of Rosario and Palma Avenue, then easterly along Palma Avenue to the
rear lot line of parcels on the east side of Traffic Way, then north along
said rear lot lines to include Lot 24 of Block LA, of Atascadero, then
northerly along the center line of Traffic Way, to a point, then easterly to
include the presently existing National Guard Armory Property. Then to a
point easterly to the intersection of West Mall and Santa Ysabel Avenue
at the West Mall bridge, then southerly along Santa Ysabel Avenue to a
point at the intersection of the southerly leg of Hospital Drive and Santa
Ysabel Avenue, then easterly from that point to the extension of proposed
Highway 41, then southwesterly to the Morro Road/Highway 101 over-
crossing, point of beginning.
Since 2000, the City, Community Redevelopment Agency, Chamber of Commerce, other
organizations and the community have worked to strengthen the downtown business
community, and implement the downtown revitalization strategy. In 2009, as the
economic downturn was affecting businesses, the City Council made the decision to levy
a $0 assessment on the businesses in the District. The State of California dissolved all
redevelopment agencies in 2011, and the City, Chamber of Commerce, and other
organizations have worked in collaboration to continue the efforts of the Community
Redevelopment Agency to provide better services to and strengthen the businesses in
the downtown.
In 2017, an informal committee of downtown business owners formed to promote
economic vitality and encourage business growth in the downtown. This committee will
advise the Chamber of Commerce on expenditures and will assist in the creation of the
annual budget for the Downtown Parking and Business Improvement Area (DPBIA). The
Atascadero Chamber of Commerce will serve as the advisory body and the
sub-contractor to the City regarding the Downtown Parking and Business Improvement
Area. The Chamber of Commerce is requesting that the City levy an assessment of 100%
Page 199 of 244
6/11/24 | Item B3 | Attachment 2
of the business license fee for businesses in the DPBIA. Each licensed business in the
Improvement Area shall contribute to the assessment. Activities and improvements in
the DPBIA are funded by the assessment.
The proposed work plan and budget for Fiscal Year 2024-2025 is as follows:
2023-2024
ESTIMATED
2024-2025
REQUESTED
REVENUES
BIA Assessments- Received from the City 13,500$ 14,500$
Revenue from Events - -
Total Revenues 13,500 14,500
EXPENSES
Events (1,320) (4,000)
Beautification / Miscellaneous (95) (31,000)
Marketing (1,890) (5,000)
Administration (1,350) (1,450)
Total Expenses (4,655) (41,450)
Net Income 8,845 (26,950)
BEGINNING AVAILABLE BALANCE 27,598 36,443
ENDING AVAILABLE BALANCE 36,443$ 9,493$
This report shall be filed with the City Clerk on behalf of the DPBIA for Fiscal Year 2024-2025.
Page 200 of 244
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item B4
Department: Community
Services &
Promotions
Date: 6/11/24
Placement: Consent
TO: JAMES R. LEWIS, CITY MANAGER
FROM: TERRIE BANISH, DIRECTOR OF COMMUNITY SERVICES & PROMOTIONS
PREPARED BY: TERRIE BANISH, DIRECTOR OF COMMUNITY SERVICES &
PROMOTIONS
SUBJECT: Atascadero Tourism Business Improvement District (ATBID)
Confirmation of Annual Assessment for Fiscal Year 2024-2025
RECOMMENDATIONS:
Council adopt Draft Resolution, confirming the annual assessment for the Atascadero Tourism
Business Improvement District (ATBID) for Fiscal Year 2024-2025.
DISCUSSION:
The City of Atascadero established the Atascadero Tourism Business Improvement District (ATBID)
to levy annual assessments under the Parking and Business Improvement Area Law of 1989, by
adopting Title 3, Chapter 16 of the Atascadero Municipal Code in April 2013. The activities to be
funded by the assessments, on lodging businesses within the ATBID, are tourism promotions and
marketing programs to promote the City as a tourism destination. The formation and operation
of a Tourism Business Improvement District is governed by the California Streets and Highways
Code (Section 36500 et. Seq.). The budget for the ATBID is submitted in conjunction with the City’s
annual budget.
The City Council appointed ATBID Advisory Board Members to serve at the pleasure of the
Council. The Advisory Board is made up of lodging business owners or employees, or other
representatives holding the written consent of a lodging business owner within the ATBID area.
Lodging owners are assessed (2%) of the rent charged by the business per occupied room or space
per night for transient occupancies.
The Streets and Highways Code requires that the Advisory Board provide a specific report to the
City Council annually for the expenditure of funds derived from the assessment paid by lodging
businesses within the City. The annual report must identify: (1) proposed activities, programs,
Page 201 of 244
6/11/24 | Item B4 | Staff Report
and projects for the fiscal year; (2) the approximate cost of such activities, programs, and projects
for the fiscal year; (3) the amount of surplus or deficit revenues carried over from a previous fiscal
year; and (4) contributions received other than assessments. The annual report must meet the
requirements of the California Streets and Highways Code §36533. The City Council may approve
the report as filed or may modify any particular contained in the report and approve it as
modified.
ATBID revenue in fiscal year 2023-24 is expected to be approximately $427,580, exceeding
projected revenue of $414,120 by $13,460. In fiscal year 2024-25, revenue is projected to be
approximately $422,400, and expenses are projected to be $432,470. The ATBID fund balance is
projected to be $725,980 on June 30, 2025.
Following the public hearing, staff recommends that Council adopt the proposed Resolution.
Adoption of the Resolution constitutes the levying of the assessment.
FISCAL IMPACT:
Annual assessments are expected to be approximately $422,400 and expenditures are budgeted
at $432,470 for fiscal year 2024-2025.
ALTERNATIVE:
Council may direct staff to amend the Resolution before adoption.
REVIEWED BY OTHERS:
This item has been reviewed by the Administrative Services Director.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENT(S):
1. Draft Resolution
Page 202 of 244
6/11/24 | Item B4 | Attachment 1
DRAFT RESOLUTION
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, CONFIRMING
ATASCADERO TOURISM BUSINESS IMPROVEMENT DISTRICT
(ATBID) ASSESSMENT FOR FISCAL YEAR 2024/2025
WHEREAS, the City of Atascadero established the Atascadero Tourism Business
Improvement District (ATBID) consistent with Section 36500 et seq. of the Streets and Highways
Code of the State of California; and
WHEREAS, the City Council has determined to set the assessment at two percent (2%) of
the rent charged by the Business per occupied room or space per night for transient occupancies;
and
WHEREAS, the purpose of this assessment is to provide tourism promotions and
marketing programs to promote the City as a tourism destination pursuant to the Streets and
Highways Code of the State of California; and
WHEREAS, the City Council, having received the annual report from the ATBID, adopted
Resolution No. 2024-028, declaring intent to levy annual ATBID assessment pursuant to Section
36534 of the California Streets and Highways Code; and
WHEREAS the City Council did fix a time and place for a public hearing on the levy of
the proposed assessment for fiscal year 2024-2025; and
WHEREAS, on June 11, 2024, the City Council conducted a public hearing at the date
and time for such purpose; and
WHEREAS, the City Council did not receive the required number of protests for the levy
of such assessment.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. The City Council of the City of Atascadero does hereby confirm the
assessment at two percent (2%) of the rent charged by the Business per occupied room or space
per night for transient occupancies.
PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day of
June 2024.
CITY OF ATASCADERO:
________________________________
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
Page 203 of 244
CITY OF ATASCADERO
CITY COUNCIL STAFF REPORT Item C1
Department: City Clerk
Date: 6/11/24
Placement: Management
Report
TO: JAMES R. LEWIS, CITY MANAGER
FROM: LARA K. CHRISTENSEN, CITY CLERK
PREPARED BY: LARA K. CHRISTENSEN, CITY CLERK
SUBJECT: General Municipal Election – November 5, 2024
RECOMMENDATIONS:
Council:
1.Introduce, for first reading, by title only, Draft Ordinance A amending Title 3, Chapter 17
of the Atascadero Municipal Code, extending a transactions and use tax to be
administered by the California Department of Tax and Administration.
2.Introduce, for first reading, by title only, Draft Ordinance B amending Title 2, Chapters 4,
7, 14, and 20 of the Atascadero Municipal Code, stating that the City Treasurer is
appointive and authorizing the City Manager to appoint the City Treasurer, subject to
adoption by the electorate.
3.Adopt the following Draft Resolutions for the purpose of electing a Mayor, two members
to the City Council, and to submit ballot measures to the voters:
A.Draft Resolution A, calling and giving notice of the holding of a General Municipal
Election to be held on Tuesday, November 5, 2024, for the election of certain
officers, approving ballot measure text related to the extension of Measure F-14,
and submission to the voters a question relating to the City Treasurer position; and
B.Draft Resolution B, requesting the Board of Supervisors of the County of San Luis
Obispo to consolidate a General Municipal Election to be held on November 5, 2024;
and
C.Draft Resolution C, setting priorities for filing written arguments regarding the City
measures and directing the City Attorney to prepare an impartial analysis; and
D.Draft Resolution D, providing for the filing of rebuttal arguments for City measures
submitted at Municipal Elections.
4.Authorize the Director of Administrative Services to appropriate $31,000 of General Fund
reserves in fiscal year 2024-2025 to the City Clerk budget for the November 5, 2024,
General Municipal Election.
REPORT IN BRIEF:
The City Council must approve ballot measure language and adopt resolutions to initiate the
election process, to combine the City’s election with the County, and to submit the ballot
measures to the voters.
Page 204 of 244
6/11/24 | Item C1 | Staff Report
DISCUSSION:
The General Municipal Election will be held on Tuesday, November 5, 2024. The terms of two
Council Members, Charles Bourbeau and Mark Dariz, and Mayor Heather Moreno will expire in
November 2024. The Council Members have four-year terms and the Mayor has a two-year term.
The City Council must adopt a resolution to initiate the election process (Draft Resolution A). Also,
to combine our election with the County, the Council must adopt a resolution requesting
consolidation with the County (Draft Resolution B).
The qualifications required to run for Mayor are the same as for City Council Members; you must
be registered to vote in the City of Atascadero and live within the Atascadero City limits. In
addition, all Council Members, whether or not they are up for re-election, may also run for the
office of elected Mayor. If a Council Member is mid-term when they run for Mayor, and is
successful, the Council Member’s position will become vacant. The City Council must then
appoint a replacement, or call for a Special Election, within 60 days of the position becoming
vacant. The vacancy would occur in December 2024 once the Mayor is sworn into office.
Ballot Measure Process
The City Council directed the City Clerk in March and May 2024 to bring back to Council at the
June 11 meeting, the resolutions to place ballot measures on the November ballot related to the
extension of a local transaction and use tax (Measure F-14) and a question related to the City
Treasurer position.
Measure F-14 Extension
Measure F-14 is a ½ cent per dollar transactions and use (sales tax) approved by 58% of voters in
November 2014 that will sunset on March 31, 2027. While Measure F-14 is a general tax, the
revenue generated by the measure was targeted for and has been used solely to maintain, repair,
and rehabilitate neighborhood and other roadways. If the City would like to continue
maintenance, repair, and rehabilitation of neighborhood roads, including local and collector
roads, and fund the 26 neighborhood roadway segment projects contingently programmed after
April 2027, the sales tax must be renewed prior to the sunset date. Since June 30, 2023, Measure
F-14 has resulted in 13 projects, totaling over $17.2 million dollars spent directly on
neighborhood roads that would otherwise not have had budget available or funding needed to be
completed. Eighty neighborhood road segments equaling 52 centerline miles have been
addressed with the funds received from this measure and the overall pavement condition index
(PCI) in the City has raised by 2 points since the measure was passed. This 2-point increase in PCI
(47 to 49) is a significant improvement from the estimated 17 point decrease (PCI of 30) expected
had Measure F-14 not passed. Furthermore, the PCI was also expected to drop to 40 over this
10-year period (2014-2024) even with the additional Measure F-14 funding, but the PCI has held
relatively steady during this period. The extension of the transaction and use tax (Measure F-14)
is necessary to keep the City’s PCI steady and address the 26 roadway segment projects
Page 205 of 244
6/11/24 | Item C1 | Staff Report
contingent upon funds generated by a sales tax measure, and to have necessary funding for
additional neighborhood road projects.
Because Measure F-14 will sunset, a new tax measure must be approved by the voters to
continue the collection of the current ½ cent per dollar sales tax. The City Council does not
have the authority to establish or raise taxes, only to put a measure on the ballot for voter
approval. In order to place a tax measure on the November 5, 2024 ballot, the City Council must
approve an ordinance and resolutions by a 2/3 vote of the City Council (at least 4 members). If
passed by the Council and the electorate, the collection of the tax would be effective no sooner
than the first day of the first calendar quarter of 2027 occurring more than 840 days following
the effective date of the ordinance approving the tax. Therefore, the tax would be effective no
sooner than April 1, 2027, and would be a seamless transition from the Measure F-14
sunset to the implementation of the new tax measure. To be clear, this measure would not
be a ½ cent per dollar on top of the current Measure F-14 ½ cent per dollar sales tax—it would
supplant Measure F-14 once that measure sunsets.
Proposition 218 requires that all City tax election measures be placed on the same election when
City Council Members are selected. The next Council election is scheduled for November 5, 2024.
Subsequent Council elections are held every two years. As noted at the March 26, 2024 Council
Meeting, the Council will need to adopt the attached resolutions and introduce Draft Ordinance
A at this meeting, in order to allow sufficient time for the placement of the measure on the
November ballot.
Revenue and Taxation Code requires that that the Council approve Draft Ordinance A in order to
place the item on the ballot. The attached Draft Ordinance A would then become the full text of
the sales tax measure. If introduced at this meeting, the ordinance would be brought back before
the Council on June 25, 2024, for second reading and approval, but the ordinance would not take
effect unless and until approved by the voters at the November 5 election.
Treasurer Position
The position of the City Treasurer is an elected position and has been since the City was
incorporated in 1979. The trend of cities throughout the State has been to convert to the use of
appointive rather than elected city Treasurers. Under State law, the only qualifications needed to
serve in the elected City Treasurer position is to be at least 18 years of age, a resident of
Atascadero, and a registered voter of Atascadero. The City is prohibited from establishing any
other requirements. The City Treasurer position necessitates the Treasurer be current and well
versed with highly technical professional standards, laws, regulations, and management systems.
Placing a measure on the November 2024 ballot asking “Shall the City Treasurer be appointive?”
will allow voters to decide. Voting for an appointive Treasurer would:
• Help ensure the City is able to appoint an individual to the position of City Treasurer that
possesses the necessary qualifications and expertise.
• Eliminate the potential for individuals to be elected to this position that require duties
that they are unqualified to perform, which could cause serious problems for the City.
Page 206 of 244
BALLOT MEASURE #____
To provide funding that cannot be seized by Sacramento, and that
will stay in Atascadero for such things as repair of neighborhood
roads and aging infrastructure along with other vital City needs, shall
the City extend its current ½ cent per dollar sales tax (Measure F-14)
until ended by voters, with citizen committee oversight, published
annual reporting and independent financial audits?
Yes
No
6/11/24 | Item C1 | Staff Report
• Remove this position from political pressures in performing the duties and responsibilities.
If the position of Treasurer was appointive, it would potentially save up to about $17,000 annually
in monthly stipend and health benefit costs.
In light of the requirement that an ordinance be approved by Council for the sales tax measure
mentioned above, the ordinance updates for the City Treasurer position, if changed to appointed
rather than elected, is also being brought to Council for placement on the ballot. If approved by
the electorate, Draft Ordinance B would then replace those Chapters of the AMC related to the
City Treasurer position as elected. If introduced at this meeting, Draft Ordinance B would be
brought back before the Council on June 25, 2024, for second reading and adoption. Again,
however, it would not go into effect unless and until approved by the voters at the November 5
election.
Additional Actions
Following approval and introduction of Draft Ordinance A and B, Council must take additional
actions regarding the mechanics of placing both measures on the ballot. The Council must adopt
a resolution calling and giving notice of the election and authorizing the language for the ballot
measures; requesting consolidation with the County; setting priorities for written arguments and
directing the City Attorney to prepare an impartial analysis for the ballot measures; and providing
for the filing of rebuttal arguments.
In order to submit the measures to the voters, Council must call and give notice of the election
and approve specific language in the Election Resolutions to clarify for the San Luis Obispo County
Clerk-Recorder the requested wording for the November 5, 2024 ballots (Draft Resolution A).
If the Council wishes to add the measures to the ballot, the following ballot language needs to be
approved as part of Draft Resolution A:
Page 207 of 244
6/11/24 | Item C1 | Staff Report
Shall the office of City Treasurer be appointive?
No
Additionally, a resolution setting the priorities for the filing of written arguments and directing
the City Attorney to prepare an impartial analysis will need to be adopted (Draft Resolution B).
The impartial analysis shall not exceed 500 words. In Resolution C, the City Council also authorizes
Council Members to write arguments in favor of the measure. Council Members are not required
to write an argument in favor of the Measure, however Draft Resolution B gives them the option.
Registered voters may also file written arguments in favor or opposition of the ballot measure
with the City Clerk.
Arguments shall not exceed 300 words and must be signed by the author(s). The City Clerk has
fixed June 25, 2024, as the last day for submitting arguments for and against the ballot measure,
and the impartial analysis by the City Attorney. This will allow ample time for the 10-calendar-
day public examination period, translation, typesetting, printing and submission to the County. A
notice of this deadline will be posted in the kiosk in front of City Hall. If two or more arguments
are submitted in favor of or against the measure, the California Elections Code sets up priorities
the City Clerk must follow to choose one of each for printing and distribution to the voters.
Lastly, the adoption of a resolution providing for the filing of rebuttal arguments for the ballot
measure is required (Draft Resolution C). The rebuttal arguments shall not exceed 250 words.
The deadline for the filing of rebuttal arguments is July 5, 2024, 10 days after the deadline for the
filing of the arguments in favor or opposed.
Conclusion
Measure F-14 will sunset on March 31, 2027. While the City does have other funding sources for
roadway projects, these sources are constrained, programmed for those roadway projects not
covered by Measure F-14, and the City would not be able to use these other funding sources to
supplement the loss of Measure F-14 funds. A sales tax measure that extends Measure F-14 is
needed to continue the good work that has been accomplished as a result of the passage of
Measure F-14.
The Council is not, by this action, voting on whether the sales tax should be continued; but rather
whether the voters should be given the opportunity to decide if continuing the additional ½ cent
per dollar sales tax is the right thing for the community. The voters are the only ones who may
approve a sales tax measure such as this one.
At the direction of Council, proposed ballot measure language is being presented for the Council
to decide whether to ask the community if they want to continue with the current ½ cent per
dollar on taxable sales to be used to maintain neighborhood roads in the City and other legally
permitted uses, and whether the position of City Treasurer should be appointive.
Yes BALLOT MEASURE #____
Page 208 of 244
6/11/24 | Item C1 | Staff Report
In order to move forward with these measures, the Council will need to introduce and ultimately
adopt ordinances detailing the specifics of extending the current sales tax, effective April 2027 at
the time Measure F-14 sunsets, and updating the AMC to remove reference to the City Treasurer
position as elected if approved by voters. Council will also need to adopt resolutions calling the
election, submitting the proposed measure to the voters in order for the County Clerk to place
the measures on the November ballot, and consolidating the election with the County.
FISCAL IMPACT:
The cost to the City is determined by the number of registered voters on Election Day, and the
number of Candidate Statements included in the Voter Pamphlet. The County’s estimate for the
2024 election of officials in Atascadero is $62,130. The City Clerk’s estimate for the addition of
the ballot measures is approximately $12,000. Therefore, the total estimate for the 2024 election,
including ballot measures, is $74,130 in General Funds, of which, $43,260 is currently budgeted.
REVIEWED BY OTHERS:
This item has been reviewed by the Administrative Services Director and the City Attorney.
REVIEWED AND APPROVED FOR COUNCIL AGENDA
James R. Lewis, City Manager
ATTACHMENT(S):
1. Draft Ordinance A
2. Draft Ordinance B
3. Draft Resolution A
4. Draft Resolution B
5. Draft Resolution C
6. Draft Resolution D
Page 209 of 244
6/11/24 | Item C1 | Attachment 1
DRAFT ORDINANCE A
AN ORDINANCE OF THE PEOPLE OF THE CITY OF ATASCADERO,
CALIFORNIA, AMENDING TITLE 3, CHAPTER 17 OF THE
ATASCADERO MUNICIPAL CODE EXTENDING A TRANSACTIONS
AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA
DEPARTMENT OF TAX AND ADMINISTRATION
WHEREAS, one of the primary roles of City government is to provide vital public services
such as maintaining and repairing neighborhood roads and aging infrastructure and other vital City
needs; and
WHEREAS, the cost to provide these vital services continues to escalate and exceeds the
amount of funds and revenues generated from all other sources of income available for such
purposes; and
WHEREAS, the City is fiscally challenged and addressing critical infrastructure needs,
particularly roads, has been a top priority of the City Council and Measure F-14, a transaction and
use tax was placed on the November 2014 ballot; and
WHEREAS, Measure F-14, a ½ cent per dollar transactions and use tax increase, passed
with over 58% voter approval and since it went into effect in April 2015, funds from F-14 have
been targeted towards the improvements of neighborhood roads and local and collector roads; and
WHEREAS, Measure F-14 has made a significant impact on the maintenance, repair and
rehabilitation of neighborhood and other roadways in the City, allowing the City to address 80
neighborhood road segments, equaling 52 centerline miles, for a total of $17.2 million dollars; and
WHEREAS, Measure F-14 will sunset on March 31, 2027, unless renewed by voters and
without this additional tax revenue, there will be little to no funding for the 26 neighborhood
roadway segments contingently programmed after April 2027; and
WHEREAS, the extension of the transactions and use tax (Measure F-14) is necessary for
the City to program or complete any additional neighborhood road projects following the sunset
of Measure F-14; and
WHEREAS, without the extension of Measure F-14, the City will have to either generate
additional revenue to continue to repair such things as neighborhood roads and aging City
infrastructure or begin making cuts to other vital City services; and
WHEREAS, the proceeds from the extended transactions and use tax cannot not be seized
by Sacramento and will stay in Atascadero to be spent on the repair of neighborhood roads and
aging infrastructure along with other vital City needs; and
WHEREAS, revenues from this transaction and use tax, like all City revenues, are subject
to annual independent audits with public review of the City’s budget being widely available,
including at City Hall, and online, and will have published annual reporting, and subject to citizen
committee oversight; and
Page 210 of 244
6/11/24 | Item C1 | Attachment 1
WHEREAS, under applicable law, to renew the transactions and use tax, the City Council
of the City of Atascadero must approve the Transactions and Use Tax Ordinance and the voters of
the City of Atascadero must also adopt it upon majority vote at an election.
NOW THEREFORE, THE PEOPLE OF THE CITY OF ATASCADERO HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings. The above findings are true and correct.
SECTION 2. Title and Text. This ordinance shall be known as the Transactions and Use
Tax Ordinance, the full text of which is set forth in Attachment “A,” attached hereto and
incorporated herein by reference.
SECTION 3. Approval by City Council. Pursuant to California Revenue Taxation Code
Section 7285.9, this ordinance was duly introduced on June 11, 2024, and approved upon second
reading for placement on the ballot by a two-thirds (2/3) supermajority of all members of the City
Council on ____________, 2024.
SECTION 4. Approval by the Voters. Pursuant to California Elections Code Section 9217,
this Ordinance shall be deemed adopted and take effect only if approved by a majority of the
eligible voters of the City of Atascadero voting at the Regular Election on November 5, 2024, and
shall be deemed adopted and take effect ten days after the City Council has certified the results of
that election by resolution.
SECTION 5. Operative Date. “Operative Date” for the Transactions and Use Tax adopted
by this ordinance means the first day of the first calendar quarter commencing more than eight
hundred and forty (840) days after the effective date of this ordinance, as set forth in Section 4,
above.
SECTION 6. Severability. If any provision of this ordinance or the application thereof to
any person or circumstance is held invalid, the remainder of the ordinance and the application of
such provision to other persons or circumstances shall not be affected thereby.
SECTION 7. Summary. The title and a summary of the Ordinance, along with the names
of the City Council Members voting for and against the Ordinance, shall be published twice in a
newspaper of general circulation in the City of Atascadero.
SECTION 8. Publication. The City Clerk shall certify to the adoption of this Ordinance
no later than fifteen (15) days following the passage of this Ordinance, and shall cause this
ordinance to be published by title and summary.
Page 211 of 244
6/11/24 | Item C1 | Attachment 1
APPROVED and ADOPTED by the City Council of the City of Atascadero, California,
at a regular meeting held on the _______ day of _________ 2024, by a vote of at least two-thirds
of the City Council.
CITY OF ATASCADERO
____________________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
David M. Fleishman, City Attorney
PASSED and ADOPTED by the People of the City of Atascadero this 5th day of November
2024.
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
Page 212 of 244
6/11/24 | Item C1 | Attachment 1A
Transactions and Use Tax
Page 1
ATTACHMENT A
CHAPTER 3-17
TRANSACTIONS AND USE TAX
Sections:
3-17.010 Title.
3-17.020 Operative Date.
3-17.030 Purpose.
3-17.040 Contract with State.
3-17.050 Transaction Tax Rate.
3-17.060 Place of Sale.
3-17.070 Use Tax Rate.
3-17.080 Adoption of Provisions of State Law.
3-17.090 Limitations on Adoption of State Law and Collection of Use Taxes.
3-17.100 Permit Not Required.
3-17.110 Exemptions and Exclusions.
3-17.120 Amendments.
3-17.130 Enjoining Collection Forbidden.
3-17.140 Severability.
3-17.150 Effective Date.
3-17.160 Termination and Repeal.
3-17.170 Independent Annual Financial Audit.
3-17.180 Citizens’ Oversight Committee.
3-17.190 Annual Road Report.
3-17.010 Title.
This chapter is designated and shall be known as the Atascadero Transactions and Use Tax
Ordinance. The City of Atascadero hereinafter shall be called "City." This ordinance shall be applicable
in the incorporated territory of the City.
3-17.020 Operative Date.
As to adoption of the transaction and use tax pursuant to Ordinance No. 581 approved by voters
in November 2014, “Operative Date" means the first day of the first calendar quarter commencing more
than 110 days after the adoption of Ordinance No. 581.
Otherwise, “Operative Date" means the first day of the first calendar quarter commencing more
than 840 days after the adoption of this chapter, the date of such adoption being as set forth below.
3-17.030 Purpose.
This chapter is intended to achieve the following, among other purposes, and shall be interpreted
liberally in order to accomplish all of its lawful purposes:
A. To impose a retail transactions and use tax to be applied throughout the entire territory
of the City to the fullest extent permitted by law and in accordance with the provisions of Part 1.6
(commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of
Part 1.7 of Division 2.
Page 213 of 244
6/11/24 | Item C1 | Attachment 1A
Transactions and Use Tax
Page 2
B. To adopt a retail transactions and use tax ordinance that incorporates provisions
identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are
not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue
and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a
measure that can be administered and collected by the California Department of Tax and Fee
Administration in a manner that adapts itself as fully as practicable to, and requires the least possible
deviation from, the existing statutory and administrative procedures followed by the California
Department of Tax and Fee Administration in administering and collecting the California State Sales and
Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a
manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division
2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at
the same time, minimize the burden of record keeping upon persons subject to taxation under the
provisions of this chapter.
E. To provide transaction and use tax revenue for unrestricted general revenue purposes, and
not for specific purposes. All of the proceeds from the tax imposed by this chapter shall be placed in the
City’s general fund and be available for any legal municipal purposes.
3-17.040 Contract with State.
Prior to the operative date, the City shall contract with the California Department of Tax and Fee
Administration to perform all functions incident to the administration and operation of this chapter;
provided that, if the City shall not have contracted with the California Department of Tax and Fee
Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative
date shall be the first day of the first calendar quarter following the execution of such a contract.
3-17.050 Transaction tax rate.
For the privilege of selling tangible personal property at retail, a tax is imposed upon all retailers
in the incorporated territory of the City at the rate of 0.5% of the gross receipts of any retailer from the
sale of all tangible personal property sold at retail in said territory on and after the operative date.
3-17.060 Place of sale.
For the purposes of this chapter, all retail sales are consummated at the place of business of the
retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state
destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from
such sales shall include delivery charges, when such charges are subject to the state sales and use tax,
regardless of the place to which delivery is made. In the event a retailer has no permanent place of
business in the State or has more than one place of business, the place or places at which the retail sales
are consummated shall be determined under rules and regulations to be prescribed and adopted by the
California Department of Tax and Fee Administration.
3-17.070 Use tax rate.
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible
personal property purchased from any retailer on and after the operative date for storage, use or other
consumption in the territory of the City at the rate of 0.5% of the sales price of the property. The sales
Page 214 of 244
6/11/24 | Item C1 | Attachment 1A
Transactions and Use Tax
Page 3
price shall include delivery charges when such charges are subject to state sales or use tax regardless of
the place to which delivery is made.
3-17.080 Adoption of provision of State law.
Except as otherwise provided in this chapter and except insofar as they are inconsistent with the
provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1
(commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted
and made a part of this chapter as though fully set forth herein.
3-17.090 Limitations on adoption of State law and collection of use taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name
of the City of Atascadero shall be substituted. However, the substitution shall not be made when:
1. The word "State" is used as a part of the title of the State Controller, State Treasurer,
State Board of Control, State Department of Tax and Fee Administration, State Treasury, or the
Constitution of the State of California;
2. The result of that substitution would require action to be taken by or against this
City or any agency, officer, or employee thereof rather than by or against the California Department of
Tax and Fee Administration, in performing the functions incident to the administration or operation of
this chapter;
3. In those sections, including, but not necessarily limited to sections referring to the
exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from the taxes of this chapter with respect to certain sales,
storage, use or other consumption of tangible personal property which would not otherwise be exempt
from this tax while such sales, storage, use or other consumption remain subject to tax by the State under
the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of
tangible personal property, which would not be subject to tax by the State under the said provision of that
code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737,
6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer
engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.
3-17.100 Permit not required.
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation
Code, an additional transactor's permit shall not be required by this chapter.
3-17.110 Exemptions and exclusions.
A. There shall be excluded from the measure of the transactions tax and the use tax the
amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or
Page 215 of 244
6/11/24 | Item C1 | Attachment 1A
Transactions and Use Tax
Page 4
county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-
administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross
receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to
operators of aircraft to be used or consumed principally outside the county in which the sale is made and
directly and exclusively in the use of such aircraft as common carriers of persons or property under the
authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the
City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery
by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph,
delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to
registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code,
aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented
vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by
registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer,
stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business
out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated
from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the
property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
4. A lease of tangible personal property which is a continuing sale of such property,
for any period of time for which the lessor is obligated to lease the property for an amount fixed by the
lease prior to the operative date of this chapter.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of
tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any
period of time for which any party to the contract or lease has the unconditional right to terminate the
contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use or
other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions tax
under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and used
or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of
persons or property for hire or compensation under a certificate of public convenience and necessity
issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is
in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of
the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a
Page 216 of 244
6/11/24 | Item C1 | Attachment 1A
Transactions and Use Tax
Page 5
contract entered into prior to the operative date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible
personal property arises under a lease which is a continuing purchase of such property for any period of
time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the
operative date.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other
consumption, or possession of, or exercise of any right or power over, tangible personal property shall be
deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to
the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or
not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the City
shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer
ships or delivers the property into the City or participates within the City in making the sale of the
property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a
place of business of the retailer in the City or through any representative, agent, canvasser, solicitor,
subsidiary, or person in the City under the authority of the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer of any of
the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of
Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities
Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the
Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or
licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this ordinance may credit against that tax any
transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a
transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the
sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
3-17.120 Amendments.
All amendments subsequent to the effective date of this chapter to Part 1 of Division 2 of the
Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6
and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7
of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this chapter,
provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this
chapter. The City Council may amend this chapter to comply with applicable law or as may be otherwise
necessary in order to further the chapter’s stated purposes.
However, as required by Article XIII C of the California Constitution, voter approval is required
for any amendment that would increase the rate of any tax levied pursuant to this Chapter. The people of
the City of Atascadero affirm that the following actions shall not constitute an increase of the rate of a
tax:
A. The restoration of the rate of the tax to a rate that is no higher than that set by this
Chapter, if the City Council has acted to reduce the rate of the tax;
B. An action that interprets or clarifies the methodology of the tax, or any definition
applicable to the tax, so long as interpretation or clarification (even if contrary to some prior interpretation
or clarification) is not inconsistent with the language of this Chapter; or
Page 217 of 244
6/11/24 | Item C1 | Attachment 1A
Transactions and Use Tax
Page 6
C. The collection of the tax imposed by this Chapter even if the City had, for some period of
time, failed to collect the tax.
3-17.130 Enjoining collection forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action
or proceeding in any court against the State or the City, or against any officer of the State or the City, to
prevent or enjoin the collection under this chapter, or Part 1.6 of Division 2 of the Revenue and Taxation
Code, of any tax or any amount of tax required to be collected.
3-17.140 Severability.
If any provision of this chapter or its application to any person or circumstance is determined by a court
of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall not
effect on any other provision of this chapter or the application of this chapter to any other person or
circumstance and, to that end, the provisions hereof are severable.
3-17.150 Effective date.
This chapter relates to the levying and collecting of the City transactions and use taxes and shall take
effect ten days after the November 2024 election results are declared by the City Council (CA Elections
Code §9217).. The operative date (Section 3-17.020) will be the first day of the first calendar quarter
commencing more than 840 days after the adoption of this ordinance, which will be April 1, 2027.
3-17.160 Termination and repeal.
The authority to levy a retail transaction and use tax shall be in effect until and unless repealed by
the voters of the City in the manner provided by law.
3-17.170 Independent annual financial audit.
The amount generated by this general purpose revenue source and how it was used shall be
included in the annual audit of the City’s financial operations by an independent certified public
accountant.
3-17.180 Citizens’ oversight committee.
There shall be a permanent citizens’ advisory committee called the “Citizens’ Oversight
Committee” (hereafter “Committee”) which shall annually review revenues and expenditures from the
collection of the tax. The committee shall have 9 members. Seven members shall be appointed to the
committee by individual Atascadero community groups. Two members shall be appointed by the City
Council. Appointees shall be residents of the City; however, no member of the Committee shall be an
elected official.
3-17.190 Annual road report.
An Annual Road Report shall be prepared by the City no later than the last day of the
sixth month following the end of each City fiscal year. The Report shall be submitted to the Citizens’
Oversight Committee for review. The Committee will submit their findings and conclusions to the City
Council. The Report will also be made available to the public. The Annual Road Report shall detail the
prior fiscal year’s activities related to the retail transaction and use tax. The Report shall include revenues
generated by the Transaction and Use Tax, expenditures (in summary form), funds carried over from
Page 218 of 244
6/11/24 | Item C1 | Attachment 1A
Transactions and Use Tax
Page 7
previous fiscal years, and any remaining funds to be carried over for expenditure in subsequent fiscal
years.
Page 219 of 244
6/11/24 | Item C1 | Attachment 2
DRAFT ORDINANCE B
AN ORDINANCE OF THE PEOPLE OF THE CITY OF ATASCADERO,
CALIFORNIA, AMENDING TITLE 2, CHAPTERS 4, 7, 14 AND 20 OF
THE ATASCADERO MUNICIPAL CODE, STATING THE CITY
TREASURER IS APPOINTIVE AND AUTHORIZING THE CITY
MANAGER TO APPOINT THE CITY TREASURER
The People of the City of Atascadero, California do ordain as follows:
SECTION 1. The following findings are true and correct.
A. The office of the City Treasurer has been an elected position since the City of Atascadero’s
incorporation in 1979 and the trend of cities throughout the State has been to convert to the
use of appointive rather than elected city treasurers.
B. The City Treasurer position necessitates the Treasurer be current and well versed with
highly technical professional standards, laws, regulations, and management systems
however, the only qualifications needed to serve in the City Treasurer position are to be 18
years of age, a resident of Atascadero, and a registered voter of Atascadero.
C. An appointive City Treasurer ensures the City is able to appoint an individual with the
necessary qualifications and expertise, eliminates the potential for unqualified individuals
to be elected to the position, and removes the position from political pressures in
performing the required duties and responsibilities.
D. California Government Code 36508 states that the City Council may submit to the electors
the question whether the elective officers, except Council Members, shall be appointed.
E. The Atascadero City Council placed on the November 2024 election ballot, a ballot
measure asking the voters if the City Treasurer position should be appointive.
F. Chapters 4, 7, 14, and 20 of the Atascadero Municipal Code will need to be updated to
reflect the position of City Treasure as appointive and authorize the City Manager to
appoint the position.
SECTION 2. Section 2-4.28 shall be added as follows:
2-4.28 Delegation of Authority to Appoint City Treasurer.
As a result of the November 2024 General Election, the voters decided to have the office of the
City Treasurer appointed. The position will remain elected until the end of term, December
2026, or sooner if there is a vacancy. Once a vacancy occurs, the City Council authorizes the
City Manager to appoint the City Treasurer, pursuant to Government Code Section 36510.
SECTION 3. Section 2-7.01 shall be amended as follows:
2-7.01 Creation and functions.
Page 220 of 244
6/11/24 | Item C1 | Attachment 2
(a) The office of the City Treasurer is confirmed as provided in Sections 36501 and 36502 of the
Government Code of the State. As a result of the November 2024 General Election, the
office shall be appointive. The City Treasurer shall perform such duties as are prescribed by
Sections 41001 through 41007 of the Government Code of the State. The City Treasurer
shall perform such other duties consistent with this Code as may be required of them by the
Council.
(b) The principal functions of the City Treasurer shall be to receive and safely keep all public
funds coming into their hands as treasurer, and to comply with all laws governing the deposit
and securing of public funds and the handling of trust funds in their possession.
SECTION 4. Section 2-7.03 shall be amended as follows:
2-7.03 Compensation.
The elected City Treasurer shall receive a salary of $400 per calendar month. Once the position
is appointed by the City Manager, the four hundred dollars ($400.00) monthly salary will end.
SECTION 5. Section 2-14.02 of the Atascadero Municipal Code shall be amended as follows:
2-14.02 Elected positions.
(a) The electors shall elect a Mayor and four (4) City Councilmembers.
(b) The term of office of the Mayor shall be two (2) years. The term of the office of the
Councilmembers shall be four (4) years
SECTION 6. Section 2-20.01 of the Atascadero Municipal Code shall be amended as follows:
2-20.01 Elected officials designated.
Elected officials in the City of Atascadero are the Mayor and City Councilmembers.
SECTION 7. Effective Date
If this ordinance is approved by a majority of the electors voting on the issue at the November 5,
2024, general municipal election, pursuant to Elections Code Section 9217, the ordinance shall
become effective ten (10) calendar days after the City Council accepts the certified results of the
election.
SECTION 8. The title and a summary of this ordinance, along with the names of the Council
Members voting for and against the ordinance, shall be published twice: at least five days prior
to its final passage in a newspaper of general circulation in the City of Atascadero, and; before
the expiration of fifteen (15) days after its final passage, in a newspaper of general circulation in
the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City
Clerk’s Office on and after the date following introduction and passage and shall be available to
any interested member of the public.
Page 221 of 244
6/11/24 | Item C1 | Attachment 2
APPROVED AND ADOPTED by the City Council of the City of Atascadero, California, at a
regular meeting held on the _______ day of _________ 2024, by a vote of a majority of the City
Council.
CITY OF ATASCADERO
____________________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
David M. Fleishman, City Attorney
PASSED and ADOPTED by the People of the City of Atascadero this 5th day of November 2024.
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
Page 222 of 244
6/11/24 | Item C1 | Attachment 3
DRAFT RESOLUTION A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, CALLING FOR THE HOLDING OF A
GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024,
FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION
TO THE QUALIFIED ELECTORS A MEASURE RELATING TO THE
EXTENSION OF A LOCAL TRANSACTION AND USE TAX (MEASURE
F-14) AND A QUESTION RELATING TO THE CITY TREASURER
POSITION
WHEREAS, under the provisions of the laws relating to general law cities in the State of
California, a General Municipal Election shall be held on November 5, 2024, for the election of
Municipal Officers; and
WHEREAS, the City Council proposes to continue the existing sales tax rate in the City
to fund, enhance, and maintain important City services, with the rate set at one-half cent per
dollar; and
WHEREAS, pursuant to California Revenue & Taxation Code Sections 7251 et seq. and
7285.9, the City of Atascadero (“City”) is authorized to levy a Transactions and Use Tax (sales
tax) for general purposes, subject to voter approval; and
WHEREAS, the City Council desires to levy a Transaction and Use Tax for general
purposes, to be known as the “Essential Services Transactions and Use Tax”; and
WHEREAS, the Essential Services Transactions and Use Tax cannot be imposed without
voter approval; and
WHEREAS, the City Council desires to submit the Essential Services Transactions and
Use Tax measure to the voters of the City at the General Municipal Election to be held on Tuesday,
November 5, 2024, and to be consolidated with any other election to be held on that date; and
WHEREAS, the proposed Transactions and Use Tax is more completely described in the
ordinance attached hereto as Attachment “A” and incorporated herein by reference.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. The City Council hereby finds and determines that the foregoing recitals are
true and correct.
SECTION 2. That pursuant to the requirements of the laws of the State of California
relating to General Law Cities, there is called and ordered to be held in the City of Atascadero,
California on Tuesday, November 5, 2024, a General Municipal Election for the purpose of
Page 223 of 244
6/11/24 | Item C1 | Attachment 3
electing a Mayor for the full term of two years; and two Members of the City Council for the full
term of four years.
SECTION 3. That the City Council, pursuant to its right and authority, does hereby
approve and order submitted to the voters at the General Municipal Election the following
questions:
BALLOT MEASURE #____
To provide funding that cannot be seized by Sacramento, and that
will stay in Atascadero for such things as repair of neighborhood
roads and aging infrastructure along with other vital City needs, shall
the City extend its current ½ cent per dollar sales tax (Measure F-14)
until ended by voters, with citizen committee oversight, published
annual reporting and independent financial audits?
Yes
No
BALLOT MEASURE #____
Shall the office of City Treasurer be appointive?
Yes
No
SECTION 4. That the proposed complete text of the measures (Ordinances) submitted to
the voters are attached as Exhibit A and Exhibit B.
SECTION 5. Pursuant to Article XIII C of the Constitution, these measures require
approval by a majority (50% + 1) of the votes cast.
SECTION 6. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 7. That the City Clerk is authorized, instructed and directed to coordinate with
the County of San Luis Obispo Clerk-Recorder to procure and furnish any and all official ballots,
notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in
order to properly and lawfully conduct the election.
SECTION 8. That the polls for the election shall be open at seven o’clock a.m. of the day
of the election and shall remain open continuously from that time until eight o’clock p.m. of the
same day when the polls shall be closed, pursuant to Election Code Section 10242, except as
provided in Elections Code Section 14401 of the State of California.
SECTION 9. That in all particulars not recited in this Resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 10. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the election,
in time, form and manner as required by law.
Page 224 of 244
6/11/24 | Item C1 | Attachment 3
SECTION 11. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
SECTION 12. The City Council authorizes the City Clerk to administer said election and
all reasonable and actual election expenses shall be paid by the City upon presentation of a properly
submitted bill.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___ day of
____, 2024.
On motion by Council Member ______ and seconded by Council Member _______, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO:
________________________________
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
Page 225 of 244
6/11/24 | Item C1 | Attachment 3A
DRAFT ORDINANCE A
AN ORDINANCE OF THE PEOPLE OF THE CITY OF ATASCADERO,
CALIFORNIA, AMENDING TITLE 3, CHAPTER 17 OF THE
ATASCADERO MUNICIPAL CODE EXTENDING A TRANSACTIONS
AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA
DEPARTMENT OF TAX AND ADMINISTRATION
WHEREAS, one of the primary roles of City government is to provide vital public services
such as maintaining and repairing neighborhood roads and aging infrastructure and other vital City
needs; and
WHEREAS, the cost to provide these vital services continues to escalate and exceeds the
amount of funds and revenues generated from all other sources of income available for such
purposes; and
WHEREAS, the City is fiscally challenged and addressing critical infrastructure needs,
particularly roads, has been a top priority of the City Council and Measure F-14, a transaction and
use tax was placed on the November 2014 ballot; and
WHEREAS, Measure F-14, a ½ cent per dollar transactions and use tax increase, passed
with over 58% voter approval and since it went into effect in April 2015, funds from F-14 have
been targeted towards the improvements of neighborhood roads and local and collector roads; and
WHEREAS, Measure F-14 has made a significant impact on the maintenance, repair and
rehabilitation of neighborhood and other roadways in the City, allowing the City to address 80
neighborhood road segments, equaling 52 centerline miles, for a total of $17.2 million dollars; and
WHEREAS, Measure F-14 will sunset on March 31, 2027, unless renewed by voters and
without this additional tax revenue, there will be little to no funding for the 26 neighborhood
roadway segments contingently programmed after April 2027; and
WHEREAS, the extension of the transactions and use tax (Measure F-14) is necessary for
the City to program or complete any additional neighborhood road projects following the sunset
of Measure F-14; and
WHEREAS, without the extension of Measure F-14, the City will have to either generate
additional revenue to continue to repair such things as neighborhood roads and aging City
infrastructure or begin making cuts to other vital City services; and
WHEREAS, the proceeds from the extended transactions and use tax cannot not be seized
by Sacramento and will stay in Atascadero to be spent on the repair of neighborhood roads and
aging infrastructure along with other vital City needs; and
WHEREAS, revenues from this transaction and use tax, like all City revenues, are subject
to annual independent audits with public review of the City’s budget being widely available,
including at City Hall, and online, and will have published annual reporting, and subject to citizen
committee oversight; and
Page 226 of 244
6/11/24 | Item C1 | Attachment 3A
WHEREAS, under applicable law, to renew the transactions and use tax, the City Council
of the City of Atascadero must approve the Transactions and Use Tax Ordinance and the voters of
the City of Atascadero must also adopt it upon majority vote at an election.
NOW THEREFORE, THE PEOPLE OF THE CITY OF ATASCADERO HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings. The above findings are true and correct.
SECTION 2. Title and Text. This ordinance shall be known as the Transactions and Use
Tax Ordinance, the full text of which is set forth in Attachment “A,” attached hereto and
incorporated herein by reference.
SECTION 3. Approval by City Council. Pursuant to California Revenue Taxation Code
Section 7285.9, this ordinance was duly introduced on June 11, 2024, and approved upon second
reading for placement on the ballot by a two-thirds (2/3) supermajority of all members of the City
Council on ____________, 2024.
SECTION 4. Approval by the Voters. Pursuant to California Elections Code Section 9217,
this Ordinance shall be deemed adopted and take effect only if approved by a majority of the
eligible voters of the City of Atascadero voting at the Regular Election on November 5, 2024, and
shall be deemed adopted and take effect ten days after the City Council has certified the results of
that election by resolution.
SECTION 5. Operative Date. “Operative Date” for the Transactions and Use Tax adopted
by this ordinance means the first day of the first calendar quarter commencing more than eight
hundred and forty (840) days after the effective date of this ordinance, as set forth in Section 4,
above.
SECTION 6. Severability. If any provision of this ordinance or the application thereof to
any person or circumstance is held invalid, the remainder of the ordinance and the application of
such provision to other persons or circumstances shall not be affected thereby.
SECTION 7. Summary. The title and a summary of the Ordinance, along with the names
of the City Council Members voting for and against the Ordinance, shall be published twice in a
newspaper of general circulation in the City of Atascadero.
SECTION 8. Publication. The City Clerk shall certify to the adoption of this Ordinance
no later than fifteen (15) days following the passage of this Ordinance, and shall cause this
ordinance to be published by title and summary.
Page 227 of 244
6/11/24 | Item C1 | Attachment 3A
APPROVED and ADOPTED by the City Council of the City of Atascadero, California,
at a regular meeting held on the _______ day of _________ 2024, by a vote of at least two-thirds
of the City Council.
CITY OF ATASCADERO
____________________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
David M. Fleishman, City Attorney
PASSED and ADOPTED by the People of the City of Atascadero this 5th day of November
2024.
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
Page 228 of 244
6/11/24 | Item C1 | Attachment 3A
Transactions and Use Tax
Page 1
ATTACHMENT A
CHAPTER 3-17
TRANSACTIONS AND USE TAX
Sections:
3-17.010 Title.
3-17.020 Operative Date.
3-17.030 Purpose.
3-17.040 Contract with State.
3-17.050 Transaction Tax Rate.
3-17.060 Place of Sale.
3-17.070 Use Tax Rate.
3-17.080 Adoption of Provisions of State Law.
3-17.090 Limitations on Adoption of State Law and Collection of Use Taxes.
3-17.100 Permit Not Required.
3-17.110 Exemptions and Exclusions.
3-17.120 Amendments.
3-17.130 Enjoining Collection Forbidden.
3-17.140 Severability.
3-17.150 Effective Date.
3-17.160 Termination and Repeal.
3-17.170 Independent Annual Financial Audit.
3-17.180 Citizens’ Oversight Committee.
3-17.190 Annual Road Report.
3-17.010 Title.
This chapter is designated and shall be known as the Atascadero Transactions and Use Tax
Ordinance. The City of Atascadero hereinafter shall be called "City." This ordinance shall be applicable
in the incorporated territory of the City.
3-17.020 Operative Date.
As to adoption of the transaction and use tax pursuant to Ordinance No. 581 approved by voters
in November 2014, “Operative Date" means the first day of the first calendar quarter commencing more
than 110 days after the adoption of Ordinance No. 581.
Otherwise, “Operative Date" means the first day of the first calendar quarter commencing more
than 840 days after the adoption of this chapter, the date of such adoption being as set forth below.
3-17.030 Purpose.
This chapter is intended to achieve the following, among other purposes, and shall be interpreted
liberally in order to accomplish all of its lawful purposes:
A. To impose a retail transactions and use tax to be applied throughout the entire territory
of the City to the fullest extent permitted by law and in accordance with the provisions of Part 1.6
(commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of
Part 1.7 of Division 2.
Page 229 of 244
6/11/24 | Item C1 | Attachment 3A
Transactions and Use Tax
Page 2
B. To adopt a retail transactions and use tax ordinance that incorporates provisions
identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are
not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue
and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a
measure that can be administered and collected by the California Department of Tax and Fee
Administration in a manner that adapts itself as fully as practicable to, and requires the least possible
deviation from, the existing statutory and administrative procedures followed by the California
Department of Tax and Fee Administration in administering and collecting the California State Sales and
Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a
manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division
2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at
the same time, minimize the burden of record keeping upon persons subject to taxation under the
provisions of this chapter.
E. To provide transaction and use tax revenue for unrestricted general revenue purposes, and
not for specific purposes. All of the proceeds from the tax imposed by this chapter shall be placed in the
City’s general fund and be available for any legal municipal purposes.
3-17.040 Contract with State.
Prior to the operative date, the City shall contract with the California Department of Tax and Fee
Administration to perform all functions incident to the administration and operation of this chapter;
provided that, if the City shall not have contracted with the California Department of Tax and Fee
Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative
date shall be the first day of the first calendar quarter following the execution of such a contract.
3-17.050 Transaction tax rate.
For the privilege of selling tangible personal property at retail, a tax is imposed upon all retailers
in the incorporated territory of the City at the rate of 0.5% of the gross receipts of any retailer from the
sale of all tangible personal property sold at retail in said territory on and after the operative date.
3-17.060 Place of sale.
For the purposes of this chapter, all retail sales are consummated at the place of business of the
retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state
destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from
such sales shall include delivery charges, when such charges are subject to the state sales and use tax,
regardless of the place to which delivery is made. In the event a retailer has no permanent place of
business in the State or has more than one place of business, the place or places at which the retail sales
are consummated shall be determined under rules and regulations to be prescribed and adopted by the
California Department of Tax and Fee Administration.
3-17.070 Use tax rate.
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible
personal property purchased from any retailer on and after the operative date for storage, use or other
consumption in the territory of the City at the rate of 0.5% of the sales price of the property. The sales
Page 230 of 244
6/11/24 | Item C1 | Attachment 3A
Transactions and Use Tax
Page 3
price shall include delivery charges when such charges are subject to state sales or use tax regardless of
the place to which delivery is made.
3-17.080 Adoption of provision of State law.
Except as otherwise provided in this chapter and except insofar as they are inconsistent with the
provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1
(commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted
and made a part of this chapter as though fully set forth herein.
3-17.090 Limitations on adoption of State law and collection of use taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name
of the City of Atascadero shall be substituted. However, the substitution shall not be made when:
1. The word "State" is used as a part of the title of the State Controller, State Treasurer,
State Board of Control, State Department of Tax and Fee Administration, State Treasury, or the
Constitution of the State of California;
2. The result of that substitution would require action to be taken by or against this
City or any agency, officer, or employee thereof rather than by or against the California Department of
Tax and Fee Administration, in performing the functions incident to the administration or operation of
this chapter;
3. In those sections, including, but not necessarily limited to sections referring to the
exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from the taxes of this chapter with respect to certain sales,
storage, use or other consumption of tangible personal property which would not otherwise be exempt
from this tax while such sales, storage, use or other consumption remain subject to tax by the State under
the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of
tangible personal property, which would not be subject to tax by the State under the said provision of that
code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737,
6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer
engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.
3-17.100 Permit not required.
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation
Code, an additional transactor's permit shall not be required by this chapter.
3-17.110 Exemptions and exclusions.
A. There shall be excluded from the measure of the transactions tax and the use tax the
amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or
Page 231 of 244
6/11/24 | Item C1 | Attachment 3A
Transactions and Use Tax
Page 4
county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-
administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross
receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to
operators of aircraft to be used or consumed principally outside the county in which the sale is made and
directly and exclusively in the use of such aircraft as common carriers of persons or property under the
authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the
City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery
by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph,
delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to
registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code,
aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented
vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by
registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer,
stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business
out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated
from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the
property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
4. A lease of tangible personal property which is a continuing sale of such property,
for any period of time for which the lessor is obligated to lease the property for an amount fixed by the
lease prior to the operative date of this chapter.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of
tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any
period of time for which any party to the contract or lease has the unconditional right to terminate the
contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use or
other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions tax
under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and used
or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of
persons or property for hire or compensation under a certificate of public convenience and necessity
issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is
in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of
the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a
Page 232 of 244
6/11/24 | Item C1 | Attachment 3A
Transactions and Use Tax
Page 5
contract entered into prior to the operative date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible
personal property arises under a lease which is a continuing purchase of such property for any period of
time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the
operative date.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other
consumption, or possession of, or exercise of any right or power over, tangible personal property shall be
deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to
the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or
not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the City
shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer
ships or delivers the property into the City or participates within the City in making the sale of the
property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a
place of business of the retailer in the City or through any representative, agent, canvasser, solicitor,
subsidiary, or person in the City under the authority of the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer of any of
the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of
Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities
Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the
Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or
licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this ordinance may credit against that tax any
transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a
transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the
sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
3-17.120 Amendments.
All amendments subsequent to the effective date of this chapter to Part 1 of Division 2 of the
Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6
and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7
of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this chapter,
provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this
chapter. The City Council may amend this chapter to comply with applicable law or as may be otherwise
necessary in order to further the chapter’s stated purposes.
However, as required by Article XIII C of the California Constitution, voter approval is required
for any amendment that would increase the rate of any tax levied pursuant to this Chapter. The people of
the City of Atascadero affirm that the following actions shall not constitute an increase of the rate of a
tax:
A. The restoration of the rate of the tax to a rate that is no higher than that set by this
Chapter, if the City Council has acted to reduce the rate of the tax;
B. An action that interprets or clarifies the methodology of the tax, or any definition
applicable to the tax, so long as interpretation or clarification (even if contrary to some prior interpretation
or clarification) is not inconsistent with the language of this Chapter; or
Page 233 of 244
6/11/24 | Item C1 | Attachment 3A
Transactions and Use Tax
Page 6
C. The collection of the tax imposed by this Chapter even if the City had, for some period of
time, failed to collect the tax.
3-17.130 Enjoining collection forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action
or proceeding in any court against the State or the City, or against any officer of the State or the City, to
prevent or enjoin the collection under this chapter, or Part 1.6 of Division 2 of the Revenue and Taxation
Code, of any tax or any amount of tax required to be collected.
3-17.140 Severability.
If any provision of this chapter or its application to any person or circumstance is determined by a court
of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall not
effect on any other provision of this chapter or the application of this chapter to any other person or
circumstance and, to that end, the provisions hereof are severable.
3-17.150 Effective date.
This chapter relates to the levying and collecting of the City transactions and use taxes and shall take
effect ten days after the November 2024 election results are declared by the City Council (CA Elections
Code §9217).. The operative date (Section 3-17.020) will be the first day of the first calendar quarter
commencing more than 840 days after the adoption of this ordinance, which will be April 1, 2027.
3-17.160 Termination and repeal.
The authority to levy a retail transaction and use tax shall be in effect until and unless repealed by
the voters of the City in the manner provided by law.
3-17.170 Independent annual financial audit.
The amount generated by this general purpose revenue source and how it was used shall be
included in the annual audit of the City’s financial operations by an independent certified public
accountant.
3-17.180 Citizens’ oversight committee.
There shall be a permanent citizens’ advisory committee called the “Citizens’ Oversight
Committee” (hereafter “Committee”) which shall annually review revenues and expenditures from the
collection of the tax. The committee shall have 9 members. Seven members shall be appointed to the
committee by individual Atascadero community groups. Two members shall be appointed by the City
Council. Appointees shall be residents of the City; however, no member of the Committee shall be an
elected official.
3-17.190 Annual road report.
An Annual Road Report shall be prepared by the City no later than the last day of the
sixth month following the end of each City fiscal year. The Report shall be submitted to the Citizens’
Oversight Committee for review. The Committee will submit their findings and conclusions to the City
Council. The Report will also be made available to the public. The Annual Road Report shall detail the
prior fiscal year’s activities related to the retail transaction and use tax. The Report shall include revenues
generated by the Transaction and Use Tax, expenditures (in summary form), funds carried over from
Page 234 of 244
6/11/24 | Item C1 | Attachment 3A
Transactions and Use Tax
Page 7
previous fiscal years, and any remaining funds to be carried over for expenditure in subsequent fiscal
years.
Page 235 of 244
6/11/24 | Item C1 | Attachment 3B
DRAFT ORDINANCE B
AN ORDINANCE OF THE PEOPLE OF THE CITY OF ATASCADERO,
CALIFORNIA, AMENDING TITLE 2, CHAPTERS 4, 7, 14 AND 20 OF
THE ATASCADERO MUNICIPAL CODE, STATING THE CITY
TREASURER IS APPOINTIVE AND AUTHORIZING THE CITY
MANAGER TO APPOINT THE CITY TREASURER
The People of the City of Atascadero, California do ordain as follows:
SECTION 1. The following findings are true and correct.
A. The office of the City Treasurer has been an elected position since the City of Atascadero’s
incorporation in 1979 and the trend of cities throughout the State has been to convert to the
use of appointive rather than elected city treasurers.
B. The City Treasurer position necessitates the Treasurer be current and well versed with
highly technical professional standards, laws, regulations, and management systems
however, the only qualifications needed to serve in the City Treasurer position are to be 18
years of age, a resident of Atascadero, and a registered voter of Atascadero.
C. An appointive City Treasurer ensures the City is able to appoint an individual with the
necessary qualifications and expertise, eliminates the potential for unqualified individuals
to be elected to the position, and removes the position from political pressures in
performing the required duties and responsibilities.
D. California Government Code 36508 states that the City Council may submit to the electors
the question whether the elective officers, except Council Members, shall be appointed.
E. The Atascadero City Council placed on the November 2024 election ballot, a ballot
measure asking the voters if the City Treasurer position should be appointive.
F. Chapters 4, 7, 14, and 20 of the Atascadero Municipal Code will need to be updated to
reflect the position of City Treasure as appointive and authorize the City Manager to
appoint the position.
SECTION 2. Section 2-4.28 shall be added as follows:
2-4.28 Delegation of Authority to Appoint City Treasurer.
As a result of the November 2024 General Election, the voters decided to have the office of the
City Treasurer appointed. The position will remain elected until the end of term, December
2026, or sooner if there is a vacancy. Once a vacancy occurs, the City Council authorizes the
City Manager to appoint the City Treasurer, pursuant to Government Code Section 36510.
SECTION 3. Section 2-7.01 shall be amended as follows:
2-7.01 Creation and functions.
Page 236 of 244
6/11/24 | Item C1 | Attachment 3B
(a) The office of the City Treasurer is confirmed as provided in Sections 36501 and 36502 of the
Government Code of the State. As a result of the November 2024 General Election, the
office shall be appointive. The City Treasurer shall perform such duties as are prescribed by
Sections 41001 through 41007 of the Government Code of the State. The City Treasurer
shall perform such other duties consistent with this Code as may be required of them by the
Council.
(b) The principal functions of the City Treasurer shall be to receive and safely keep all public
funds coming into their hands as treasurer, and to comply with all laws governing the deposit
and securing of public funds and the handling of trust funds in their possession.
SECTION 4. Section 2-7.03 shall be amended as follows:
2-7.03 Compensation.
The elected City Treasurer shall receive a salary of $400 per calendar month. Once the position
is appointed by the City Manager, the four hundred dollars ($400.00) monthly salary will end.
SECTION 5. Section 2-14.02 of the Atascadero Municipal Code shall be amended as follows:
2-14.02 Elected positions.
(a) The electors shall elect a Mayor and four (4) City Councilmembers.
(b) The term of office of the Mayor shall be two (2) years. The term of the office of the
Councilmembers shall be four (4) years
SECTION 6. Section 2-20.01 of the Atascadero Municipal Code shall be amended as follows:
2-20.01 Elected officials designated.
Elected officials in the City of Atascadero are the Mayor and City Councilmembers.
SECTION 7. Effective Date
If this ordinance is approved by a majority of the electors voting on the issue at the November 5,
2024, general municipal election, pursuant to Elections Code Section 9217, the ordinance shall
become effective ten (10) calendar days after the City Council accepts the certified results of the
election.
SECTION 8. The title and a summary of this ordinance, along with the names of the Council
Members voting for and against the ordinance, shall be published twice: at least five days prior
to its final passage in a newspaper of general circulation in the City of Atascadero, and; before
the expiration of fifteen (15) days after its final passage, in a newspaper of general circulation in
the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City
Clerk’s Office on and after the date following introduction and passage and shall be available to
any interested member of the public.
Page 237 of 244
6/11/24 | Item C1 | Attachment 3B
APPROVED AND ADOPTED by the City Council of the City of Atascadero, California, at a
regular meeting held on the _______ day of _________ 2024, by a vote of a majority of the City
Council.
CITY OF ATASCADERO
____________________________________
Heather Moreno, Mayor
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
David M. Fleishman, City Attorney
PASSED and ADOPTED by the People of the City of Atascadero this 5th day of November 2024.
ATTEST:
______________________________________
Lara K. Christensen, City Clerk
Page 238 of 244
6/11/24 | Item C1 | Attachment 4
DRAFT RESOLUTION B
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO
TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE
PURSUANT TO ELECTIONS CODE SECTION 10403
WHEREAS, the City Council of the City of Atascadero called a General Municipal
Election to be held on November 5, 2024, for the purpose of the election of a Mayor and two
Members of the City Council; and
WHEREAS, the City Council is submitting to the voters a measure to enact an
ordinance extending the transactions and use tax (Measure F-14) and a question related to the City
Treasurer position; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with
the Statewide General Election to be held on the same date and that within the City the precincts,
polling places and election officers of the two elections be the same, and that the County Election
Department of the County of San Luis Obispo canvass the returns of the General Municipal
Election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. That pursuant to the requirements of Elections Code Section 10403, the
Board of Supervisors of the County of San Luis Obispo is hereby requested to consent and agree
to the consolidation of a General Municipal Election with the Statewide General Election on
Tuesday, November 5, 2024, for the purpose of the election of a Mayor, two Members of the City
Council, and the submittal of two ballot measures to the voters.
SECTION 2. That the measures are to appear on the ballot as follows:
BALLOT MEASURE #____
To provide funding that cannot be seized by Sacramento, and that
will stay in Atascadero for such things as repair of neighborhood
roads and aging infrastructure along with other vital City needs, shall
the City extend its current ½ cent per dollar sales tax (Measure F-14)
until ended by voters, with citizen committee oversight, published
annual reporting and independent financial audits?
Yes
No
Page 239 of 244
6/11/24 | Item C1 | Attachment 4
BALLOT MEASURE #____
Shall the office of City Treasurer be appointive?
Yes
No
SECTION 3. That the vote requirement for the measures to pass is a majority (50%+1)
of the votes cast.
SECTION 4. That the County Election Department is authorized to canvass the returns
of the General Municipal Election. The election shall be held in all respects as if there were only
one election, and only one form of ballot shall be used. The election will be held and conducted
in accordance with the provisions of law regulating the statewide election.
SECTION 5. That the Board of Supervisors is requested to issue instructions to the
County Election Department to take any and all steps necessary for the holding of the consolidated
election.
SECTION 6. That the City of Atascadero recognizes that additional costs will be
incurred by the County by reason of this consolidation and agrees to reimburse the County for any
related costs.
SECTION 7. That the City Clerk is hereby directed to file a certified copy of this
Resolution with the Board of Supervisors and the County Election Department of the County of
San Luis Obispo.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED AND ADOPTED at a regular meeting of the City Council held on the ___ day
of June, 2024.
On motion by Council Member ______ and seconded by Council Member _______, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
________________________________
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
Page 240 of 244
6/11/24 | Item C1 | Attachment 5
DRAFT RESOLUTION C
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS REGARDING CITY MEASURES AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS
WHEREAS, a General Municipal Election is to be held in the City of Atascadero,
California, on November 5, 2024, at which there will be submitted to the voters the following
measures:
BALLOT MEASURE #____
To provide funding that cannot be seized by Sacramento, and that
will stay in Atascadero for such things as repair of neighborhood
roads and aging infrastructure along with other vital City needs, shall
the City extend its current ½ cent per dollar sales tax (Measure F-14)
until ended by voters, with citizen committee oversight, published
annual reporting and independent financial audits?
Yes
No
BALLOT MEASURE #____
Shall the office of City Treasurer be appointive?
Yes
No
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. That the City Council authorizes the following member(s) of the City
Council:
_________________________, Council Member In Favor
_________________________, Council Member In Favor
_________________________, Council Member In Favor
_________________________, Council Member In Favor
_________________________, Council Member In Favor
to file (a) written argument(s), not exceeding 300 words regarding the City measures as specified
above by printing name(s) and signature(s) of the author(s) submitting it, in accordance with
Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, on behalf of the
City Council. The arguments may be changed or withdrawn until and including the date fixed by
the City Clerk after which no arguments for or against the City measure may be submitted to the
City Clerk.
Page 241 of 244
6/11/24 | Item C1 | Attachment 5
SECTION 2. That the City Council directs the City Clerk to transmit a copy of the
measures to the City Attorney, unless the organization or salaries of the office of the city attorney
are affected.
a. The City Attorney shall prepare an impartial analysis of the measures not exceeding
500 words showing the effect of the measures on the existing law and the operation of the
measures. If the measures affect the organization or salaries of the office of the city attorney, the
city clerk shall prepare the impartial analysis.
b. The analysis shall include a statement indicating whether the measures were placed
on the ballot by a petition signed by the requisite number of voters or by the governing body of
the city.
c. In the event the entire text of the measures is not printed on the ballot, nor in the
voter information portion of the sample ballot, there shall be printed immediately below the
impartial analysis, in no less than 10-point type, the following: “The above statement is an
impartial analysis of Measure _____.”
d. The impartial analysis shall be filed by the date set by the City Clerk for the filing
of primary arguments.
SECTION 3. Pursuant to Elections Code Section 9286(b), the deadline for filing (and
changing or withdrawing) arguments for or against the City measure described above with the City
Clerk shall be not later than 5:00 p.m. on June 25, 2024.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED at a regular meeting of the City Council on the ______ day of
June, 2024.
On motion by Council Member ____________ and seconded by Council Member
_________________, the foregoing Resolution is hereby adopted in its entirety on the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
Page 242 of 244
6/11/24 | Item C1 | Attachment 6
DRAFT RESOLUTION D
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, PROVIDING FOR THE FILING OF
REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT
MUNICIPAL ELECTIONS
WHEREAS, a General Municipal Election is to be held in the City of Atascadero,
California, on November 5, 2024, at which there will be submitted to the voters the following
measures:
BALLOT MEASURE #____
To provide funding that cannot be seized by Sacramento, and that
will stay in Atascadero for such things as repair of neighborhood
roads and aging infrastructure along with other vital City needs, shall
the City extend its current ½ cent per dollar sales tax (Measure F-14)
until ended by voters, with citizen committee oversight, published
annual reporting and independent financial audits?
Yes
No
BALLOT MEASURE #____
Shall the office of City Treasurer be appointive?
Yes
No
WHEREAS, Elections Code Section 9282 of the State of California provides for written
arguments to be filed in favor of or against city measures not to exceed 300 words in length; and
WHEREAS, Elections Code Section 9285 of the State of California authorizes the City
Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for
city measures submitted at municipal elections.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of
California, when the Elections Official has selected the arguments for and against the measure (not
exceeding 300 words each) which will be printed and distributed to the voters, the elections official
shall send a copy of an argument in favor of the measure to the authors of any argument against
the measure, and a copy of an argument against the measure to the authors of any argument in
favor of the measure immediately upon receiving the arguments.
Page 243 of 244
6/11/24 | Item C1 | Attachment 6
SECTION 2. The author or a majority of the authors of an argument relating to a City
measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize
in writing any other person or persons to prepare, submit or sign the rebuttal argument. A rebuttal
argument may not be signed by more than five authors. The rebuttal arguments shall be filed with
the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or
if submitted on behalf of an organization, the name of the organization, and the printed name and
signature of at least one of its principal officers, not more than 10 days after the final date for
filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement
To Be Filed By Author(s) of Argument.
Rebuttal arguments shall be printed in the same manner as the direct arguments. Each
rebuttal argument shall immediately follow the direct argument, which it seeks to rebut.
SECTION 3. That all previous resolutions providing for the filing of rebuttal arguments
for City measures are repealed.
SECTION 4. That the provisions of Section 1 shall apply only to the election to be held
on November 5, 2024, and shall then be repealed.
SECTION 5. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED AND ADOPTED at a regular meeting of the City Council on the _______ day
of June, 2024.
On motion by Council Member _______________and seconded by Council Member
__________________, the foregoing Resolution is hereby adopted in its entirety on the following
roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ATASCADERO
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
Page 244 of 244