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HomeMy WebLinkAboutPC_2021-05-04_AgendaPacket * COVID-19 NOTICE * Consistent with Executive Orders N-25-20 and No. N-29-20 from the Executive Department of the State of California and the San Luis Obispo County Health Official’s March 18, 2020 Shelter at Home Order, the Planning Commission Meeting will not be physically open to the public and Planning Commissioners will be teleconferencing into the meeting. HOW TO SUBMIT PUBLIC COMMENT: Members of the public are highly encouraged to call 669-900-6833 to listen and provide public comment via phone, or submit written public comments to pc-comments@atascadero.org by 5:00 pm on the day of the meeting. Such email comments must identify the Agenda Item Number in the subject line of the email. The comments will be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Chairperson’s discretion. All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. If you would like to view presentations provided during the meeting, you may access them by clicking on the following link: https://us02web.zoom.us/j/83250238111?pwd=SG9OdGxyNHNTNmxRWEpHTzRQK0VnQT09 Webinar ID: 832 5023 8111 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. Planning Commission agendas and minutes may be viewed on the City's website: www.atascadero.org. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the Community Development Department 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 Planning Commission. The Minutes of this meeting will reflect these numbers. All documents submitted by the public during Planning Commission meetings that are either read into the record or referred to in their statement will be noted in the Minutes and available for review by contacting the Community Development Department. All documents will be available for public inspection during City Hall business hours once City Hall is open to the public following the termination of the Shelter at Home Order. WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. CITY OF ATASCADERO PLANNING COMMISSION AGENDA REGULAR MEETING Tuesday, May 4, 2021 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jeff van den Eikhof Vice Chairperson Tori Keen Commissioner Jason Anderson Commissioner Victoria Carranza Commissioner Randy Hughes Commissioner Jennifer McIntyre Commissioner Dennis Schmidt APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVE THE DRAFT MINUTES OF APRIL 20, 2021  Recommendation: Commission approve the April 20, 2021, Minutes. City of Atascadero Planning Commission Agenda Regular Meeting, May 4, 2021 Page 2 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. PLANNING COMMISSION BUSINESS COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any com ments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s). DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing, Planning Commission Members must disclose any communications they have had on an y quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. 2. SELF-STORAGE FACILITY AT 11450 VIEJO CAMINO AND 11505 EL CAMINO REAL (Continued from the April 20, 2021 meeting) The proposed project is a 56,330 sf self-storage facility on a 4.2-acre site, which includes indoor storage units, a community/commercial space and a workshop. A Notice of Intent to adopt a Mitigated Negative Declaration (EDN2021-0001) is available for public review from 3/15/21 through 4/14/21. Exceptions to the setback are requested as part of a creek realignment and restoration plan. Ex Parte Communications: Recommendation: Approve the project based on findings and conditions or deny the application based on findings. (DEV20-0076) 3. AMENDMENTS TO TITLE 9 OF THE ATASCADERO MUNICIPAL CODE The proposed code text amendments would update the code for consistency with the General Plan, implement the City’s Housing Element, and clarify code language for various sections of the Zoning Code. Ex Parte Communications: Recommendation: Approve the draft resolution. (ZCH21-0004) City of Atascadero Planning Commission Agenda Regular Meeting, May 4, 2021 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be held on May 18, 2021, at 6:00 p.m. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to, this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting, May 4, 2021 Page 4 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. 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 Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audi o recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Co mmission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and ther eafter, no further public comments will be heard by the Commission. PC Draft Minutes of 4/20/2021 Page 1 of 7 ITEM NUMBER: 1 DATE: 5-4-21 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, April 20, 2021 – 6:00 P.M. City Hall (Teleconference) 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:00 p.m. Chairperson van den Eikhof called the meeting to order at 6:04 p.m. and Commissioner Schmidt led the Pledge of Allegiance. ROLL CALL Present: By Teleconference - Commissioners Carranza, Hughes, Schmidt, Vice Chairperson Keen, and Chairperson van den Eikhof Absent: Commissioner McIntyre (excused absence) Commissioner Anderson (excused absence) Vacant: None Others Present: By Teleconference - Recording Secretary, Annette Manier Staff Present: By Teleconference – Community Development Director, Phil Dunsmore Public Works Director/City Engineer, Nick DeBar Senior Planner, Kelly Gleason Associate Planner, John Holder Assistant Planner, Mariah Gasch City Attorney, Brian Pierik APPROVAL OF AGENDA MOTION: By Commissioner Schmidt and seconded by Commissioner Hughes to approve the Agenda. Motion passed 5:0 by a roll-call vote. 1 PC Draft Minutes of 4/20/2021 Page 2 of 7 ITEM NUMBER: 1 DATE: 5-4-21 PUBLIC COMMENT The following person spoke during public comment: A member of the public (no name given) called in regards to a hazardous traffic situation. Director Dunsmore gave the gentleman his contact information for follow-up. Chairperson van den Eikhof closed the Public Comment period. CONSENT CALENDAR 1. APPROVE THE DRAFT MINUTES OF APRIL 6, 2021  Recommendation: Commission approve the April 6, 2021, Minutes. MOTION: By Commissioner Schmidt and seconded by Commissioner Keen to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. PLANNING COMMISSION BUSINESS None COMMUNITY DEVELOPMENT STAFF REPORTS None. PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentativ e Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. 2. AMENDMENTS TO TITLE 9, CHAPTER 17 OF THE ZONING CODE TO ALLOW NON-STOREFRONT DELIVERY CANNABIS BUSINESS IN THE CITY The proposed code text amendments would allow for a State licensed Cannabis delivery business to operate from a commercial location within the City. Ex Parte Communications: Recommendation: Approve the draft resolution. (CPP20-0011) 2 PC Draft Minutes of 4/20/2021 Page 3 of 7 ITEM NUMBER: 1 DATE: 5-4-21 EX PARTE COMMUNICATIONS None Director Dunsmore introduced the topic. Planner Holder presented the staff report and he Director Dunsmore and City Attorney Pierik answered questions from the Commission. PUBLIC COMMENT The following member of the public spoke: Jamie Jones. The Commission agreed that in the future, (while reviewing Conditional Use Permits), that would be the best time to review specific language in regards to the security footage and the Police Department’s intent to review. The Commission will seek Police input in the future. Chairperson van den Eikhof closed the Public Comment period. MOTION: By Vice Chairperson Keen and seconded by Commissioner Carranza to adopt PC Resolution recommending the City Council approve a text amendment to Chapter 17, Cannabis activities and regulations, in Title 9 of the Atascadero Municipal Code based on findings and subject to Conditions of Approval, with the possibility of looking at Section 8 (i) to make it consistent with State law, and add back-up power supply for security purposes. Motion passed 3:2 by a roll-call vote. (Hughes, Schmidt opposed) City Attorney Pierik stated we have seven Commissioners, and three is not a majority of the Commission. He determined that the PC Motion was to be considered an inaction since actions on a resolution require a majority vote of the entire hearing body, which would be at least four members. He suggested the Commission move on to the next item while he completes additional research. 3. SELF-STORAGE FACILITY AT 11450 VIEJO CAMINO AND 11505 EL CAMINO REAL The proposed project is a 56,330 sf self-storage facility on a 4.2-acre site, which includes indoor storage units, a community/commercial space and a workshop. A Notice of Intent to adopt a Mitigated Negative Declaration (EDN2021-0001) is available for public review from 3/15/21 through 4/14/21. Exceptions to the setback are requested as part of a creek realignment and restoration plan. Ex Parte Communications: 3 PC Draft Minutes of 4/20/2021 Page 4 of 7 ITEM NUMBER: 1 DATE: 5-4-21 Recommendation: Approve the project based on findings and conditions or deny the application based on findings. (DEV20-0076) EX PARTE COMMUNICATIONS Commissioner Hughes listened to past audio and reached out to a few individuals to try to get as much information as possible. He spoke to Mark Dariz, Josh Donovan, Susan Funk (not able to actually talk with her), and Roberta Fonzi. Commissioner Schmidt watched hearings on CSPAN. Vice Chairperson Keen – Reviewed the first version of this project last September, and spoke to numerous community members including Vi Pierce, Amoreena Anker, Jerry Tanimoto, Frances Romero, and Susan Funk. Commissioner Carranza – Had a meeting where she requested information from Scott Newton and Frances Romero. She spoke to a neighbor not directly within the project boundary, but the neighbor has friends in La Paloma who expressed opposition. Chairperson van den Eikhof – Served on the Planning Commission when this went before the Commission, but was unable to attend the meeting. He attended a meeting with Frances Romero last week. Director Dunsmore stated that we received a large number of emails in the last few days that were sent to the Commission. We will not have the time to read each email into the public record in their entirety, but we will read their names and will summarize their comments in order to stay within our time constraints for public comment . At this point during the meeting, City Attorney Brian Pierik stated that he had made findings in regards to the first item. Government Code Section 36936 states “Resolutions, Orders for the Payment of Money, and all Ordinances required require a total majority vote of the membership of City Council.” He will explore further to see what it says for Planning Commissions. Senior Planner Gleason gave a presentation on the project. Senior Planner Gleason corrected staff report language for General Plan Policy 8.1.4 and proposed amended conditions (Exhibit A). Senior Planner Gleason, Director Dunsmore and Director DeBar answered questions from the Commissioners. Chairperson van den Eikhof recessed the meeting at 7:54 p.m. Chairperson van den Eikhof reconvened the meeting at 8:03 p.m. with all present. At this point during the meeting, City Attorney Pierik stated that the previous Resolution for Cannabis failed because it did not get the required number of votes. We would need four votes to pass the Resolution. The item can move forward to the Council showing a non-majority vote and stating Planning Commission discussion/inaction. 4 PC Draft Minutes of 4/20/2021 Page 5 of 7 ITEM NUMBER: 1 DATE: 5-4-21 PUBLIC COMMENT The following members of the public spoke: Frances Romero (Exhibit B), Loch Soderquist, Michael Latner, Brooks Stayer, Rob Fell, Anna K ing, Bill, Janet, Clyde Snider, and Matt K. Emails were read in summary by Recording Secretary Manier and by Senior Planner Gleason, and will be entered into the record by Recording Secretary Manier (see Exhibits C-X). Frances Romero and Loch Soderquist answered questions from the Commissioners. Chairperson van den Eikhof closed the Public Comment period. The Commission discussed hours of operation, new lighting standards, redirection of the creek, civic gateway, and walking path through the property on top of the City’s sewer easement. Director DeBar stated he has concerns about the walking path on the sewer easement (safety, maintenance). A mid-block crossing concerns him as well because they are more dangerous. MOTION: By Commissioner Schmidt and seconded by Commissioner Carranza to adopt PC Resolution A approving a Conditional Use Permit (DEV20-0076), to establish a mini-storage and associated Lot Merger located at 11405 Viejo Camino and 11505 El Camino Real and certify the proposed Mitigated Negative Declaration prepared for the project, based on findings and subject to conditions of approval, with the following findings to include that the reduction in traffic for a mini-storage use compared to other uses is an amenity, and with the following added conditions: 1. An openspace easement shall be placed on the unused triangle portion of the property, 2. , addition of staff recommended amended conditions (Exhibit A), 3. Hours of operation shall be limited to 8 a.m. to 5 p.m. for the office and 6 a.m. to 9 p.m. for facility access, and 4. lighting shall be motion sensor activated and maintained at lower levels unless motion is detected. Motion was called at 3:2 by a roll-call vote. (Hughes, Keen opposed). Motion failed due to lack of the required number of votes in accordance with Attorney Pierik’s determination based on G.C. 36936. 5 PC Draft Minutes of 4/20/2021 Page 6 of 7 ITEM NUMBER: 1 DATE: 5-4-21 The Commissioners discussed which date to continue this item. It was decided that May 4, 2021 would be the preference. City Attorney Brian Pierik stated that he would be unavailable that evening, but he would brief one of the other lawyers from his firm on the project and they could be present. MOTION: By Commissioner Schmidt and seconded by Vice Chairperson Keen to continue the meeting to a date certain of May 4, 2021. Motion passed 4:1 by a roll-call vote. (Hughes opposed). Vice Chairperson Keen asked that we confirm that the other two Commissioners will be present on May 4, 2021. City Attorney Brian Pierik stated that the Public Hearing would need to be re- opened in order to continue this item, and that a revote is necessary. Chairperson van den Eikhof re-opened the Public Hearing. MOTION: By Commissioner Schmidt and seconded by Commissioner Hughes to continue the meeting to a date certain of May 4, 2021. Motion passed 5:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS Vice Chairperson Keen asked about a parcel on Morro Road, and Director Dunsmore answered her questions. DIRECTOR’S REPORT Director Dunsmore gave an update on the next hearing, which will include zoning amendments as well as the mini-storage. Director Dunsmore stated that we will have a new staff member named Loreli who will be starting on May 3, 2021. ADJOURNMENT – 10:11 p.m. The next regular meeting is scheduled for May 4, 2021, at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant 6 PC Draft Minutes of 4/20/2021 Page 7 of 7 ITEM NUMBER: 1 DATE: 5-4-21 The following exhibits are available in the Community Development Department: Exhibit A (Staff’s proposed changes) Exhibit B (Applicant’s presentation) The Anker Family (Exhibit C) Colleen Annes, MD (Exhibit D) Justin Crawford (Exhibit E) Jerry and Cathy LeMoine (Exhibit F) Caroline Li (Exhibit G) Christian Marano (Exhibit H) Steve Maloney (Exhibit I) Kristin Olsen (Exhibit J) Vy Pierce (Exhibit K) Vance Ray (Exhibit L) Rosaline Rancour (Exhibit M) Joe Schmidt (Exhibit N) Susan and Eric Sparling (Exhibit O) Caroline Tobin (Exhibit P) Xuan Wang (Exhibit Q) Max Zappas (Exhibit R) Scott Head (Exhibit S) Steven Davis (Exhibit T) Steve Maloney (Exhibit U) Janet Murrieta (Exhibit V) Bill Murrieta (Exhibit W) Jessica and Amar Sohi (Exhibit X) 7 ITEM 2 | 5/04/2021 Mini-Storage DEV 20-0076 / Newton Atascadero Planning Commission Staff Report - Community Development Department Dove Creek Self-storage DEV20-0076 (Newton) RECOMMENDATION: 1. Adopt Draft Resolution A approving a Conditional Use Permit for a Self-storage project, subject to findings and conditions of approval, OR 2. Adopt Draft Resolution B denying a Conditional Use Permit for a Self-Storage project, based on finding(s). DISCUSSION: Background: The applicant is proposing an approximately 61,740 square foot self-storage facility with associated office, an approximately 640 square foot community meeting space, and an approximately 2,000 square-foot workshop in a total of 5 buildings. Paved drive aisles and twenty parking spaces are included. The project location includes a seasonal creek, which is proposed to be realigned and restored to accommodate development of the site. This project was heard by the Commission on April 20, 2021. Two Commissione rs were absent and, based on State law, a full majority vote is required to adopt a resolution. After staff presentation, public comment, and deliberation, the sitting members of the Commission voted 3-2 to support the approval of the Conditional Use Permit to allow the project. However, the City Attorney determined that a vote of at least four commissioners was needed in order to comply with the Government Code to secure a majority vot e. Therefore, the PC vote was considered an in-action. On a separate motion, the PC voted to continue the project to the regular May 4th meeting for further public comment, deliberation, and action. 8 ITEM 2 | 5/04/2021 Mini-Storage DEV 20-0076 / Newton During the previous meeting, staff recommended that conditions be added regarding the sewer easement/pedestrian path and use of the community meeting room as follows:  The community meeting space shall be limited to temporary use not to exceed 3 consecutive days.  The drivable path over the sewer easement shall include appropriate design features to discourage public vehicular access, to the satisfaction of the City Engineer. In addition, members of the Commission expressed a desire to include conditions related to hours of operation and site lighting as follows:  Hours of operation for the facility shall be as follows: a. Office Hours: 8am-5pm b. Access Hours: 6am-9pm c. Community Room Hours: 6am-9pm  All exterior site lighting shall be placed on motion sensor dimmers and shall be maintained at low lighting levels unless the motion sensor is activated. These conditions have been included in the attached resolution and are agreed to be the applicant. The applicant also agreed to move Building E an addition 5 feet from the property line to allow for additional landscape screening and street trees to be planted on private property to ensure long term preservation of the trees with final build out of street improvements. A condition has been added to Draft Resolution A to reflect this change. A condition was also added to the failed motion of approval requiring an open space easement to be placed over the portion of the site not shown for development. This condition has not been included in the attached approval resolution as this option will need to be deliberated with a new motion. The staff report from the April 20, 2021 meeting is attached for reference and provides full analysis of the project. ALTERNATIVES 1. The Planning Commission may adopt draft Resolution A to approve the Conditional Use Permit. Findings must be made to support the use permit and conditions may be added to enhance the project’s compatibility with the General Plan and with the compatibility with the neighborhood. 2. The Planning Commission may adopt Draft Resolution B and deny the requested Conditional Use Permit. The Commission should clearly state which finding cannot me made for the record and evidence to support the finding. 9 ITEM 2 | 5/04/2021 Mini-Storage DEV 20-0076 / Newton 3. The Planning Commission may continue the project to a later hearing and request that staff and the applicant provide additional information. The Commission should clearly state what information is needed. FISCAL IMPACT: Mini-storage uses pay business taxes and property taxes; therefore, there will be some level of tax revenue increase following completion and occupancy of the project. ATTACHMENTS: Attachment 1: Draft Resolution A Attachment 2: Draft Resolution B Attachment 3: April 20, 2021 staff report Attachment 4: New neighborhood comment letters/emails 10 ITEM 2 | 5/04/2021 Mini-Storage DEV 20-0076 / Newton DRAFT RESOLUTION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH A MINI-STORAGE FACILITY, AND ASSOCIATED LOT MERGER, LOCATED AT 11405 VIEJO CAMINO AND 11505 EL CAMINO REAL AND CERTIFING THE PROPOSED MITIGATED NEGATIVE DECLARATION PREPAREED FOR THE PROJECT DOVE CREEK MINI-STORAGE NEWTON (DEV20-0076) WHEREAS, an application has been received from Scott Newton (215 Santa Fe, Pismo Beach, California 93449), Owner and Applicant, to consider Planning Application DEV20-0076, for a Conditional Use Permit for a mini-storage use and associated lot merger on a 2.4-acre site located at 11405 Viejo Camino and 11505 El Camino Real, Atascadero, CA 93422 (APNs 045- 342-009 and 045-342-010); and WHEREAS, the site’s current General Plan Land Use Designation is Public Facilities (PUB); and WHEREAS, the site’s current Zoning District is Public (P); and WHEREAS, mini-storage is a conditionally allowed use in the Public (P) zoning district; and WHEREAS, the project was reviewed by the Design Review Committee at their regularly scheduled meetings on June 24, 2020 and November 18, 2020; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject conditional use permit 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 use permit; and NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of Atascadero: SECTION 1. Recitals: The above recitals are true and correct. 11 ITEM 2 | 5/04/2021 Mini-Storage DEV 20-0076 / Newton SECTION 2. Public Hearings. 1. The Planning Commission held a duly noticed public hearing to consider the project on April 20, 2021 and considered testimony and reports from staff, the applicants, and the public and the project was continued to the May 4, 2021 meeting. 2. The Planning Commission held a duly noticed public hearing to consider the project on May 4, 2021 and considered testimony and reports from staff, the applicants, and the public. SECTION 3. Findings. The Planning Commission makes the following findings, determinations and approvals 1. Findings for Approval of a Conditional Use Permit FINDING: The proposed project or use is consistent with the General Plan FACT: The project is consistent with the Land Use, Open Space and Circulation (LOC) Policies and Programs 1.1.7 for infill development; 1.4.1 for screening exterior lights; 2.1.3 and 7.2.3 for providing street trees; and, 8.5.3 for providing on-site stormwater management. In addition, the project is consistent with Circulation Element (CIR) Policies and Programs 1.4 for requiring a tree lined street; 1.5.1 for requiring adequate off-street parking; and 2.3.1 for providing adequate sidewalks as required for all new commercial development in the City. The General Plan also includes policies and programs aimed at enhancing the City’s visual character and promoting economic viability. LOC3 promotes the transformation of El Camino Real into a distinctive and attractive commercial, office, and industrial park area which can provide for the long term economic viability of the community. In addition, LOC13 provides policies and programs aimed at establishing a range of employment and business opportunities to provide a sound economic base and ensure that new development generates sufficient revenue to support public service needs and quality environmental, social, and educational opportunities. LOC14 also encourages land uses that provide jobs and services for residents that fit within the city’s character. The project, as proposed, will provide additional service to surrounding residents and provide increased property taxes once the site has been developed. FINDING: The proposed project or use satisfies all applicable provisions of the Zoning Ordinance FACT: The proposed mini-storage facility can be permitted though the Conditional Use Permit process as identified in the Municipal Code. The proposed structures and site plan are consistent with the applicable provisions of the Atascadero Municipal Code as conditioned. 12 ITEM 2 | 5/04/2021 Mini-Storage DEV 20-0076 / Newton FINDING: 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 FACT: The proposed mini-storage facility will be located on a double frontage lot between El Camino Real and Viejo Camino adjacent to residential, commercial, and recreational park uses. The site design has been reviewed by all City departments for consistency with code requirements. The project is proposed to have one access point off of Viejo Camino Rd. The project is conditioned to construct frontage improvements along Viejo Camino Rd that will ensure safe traffic patterns in and out of the site in additional to existing park and residential traffic. FINDING: The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development FACT: The proposed project is designed the project to include landscaping along the exterior of the project to provide visual screening of the storage facility. The project includes realignment and restoration of the existing ephemeral creek. FINDING: 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 FACT: The proposed mini-storage facility will be accessed off of Viejo Camino. Mini- storage facilities are very low traffic generating uses and Viejo Camino, with required improvements, will be able to accommodate any increases in traffic resulting from the proposed project. The community meeting space is designed to meet all parking on-site. Frontage improvements are designed to accommodate community traffic. FINDING: The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. FACT: The Design Review Committee has reviewed the proposed project and found the site plan and elevations to be consistent with the criteria in the City’s Design Review Manual. 2. Findings for Exceptions to the Creek Setback FINDING: On-site creeks, riparian areas, and site improvements will not be negatively impacted by a reduced creek setback. 13 ITEM 2 | 5/04/2021 Mini-Storage DEV 20-0076 / Newton FACT: This project includes the realignment and restoration of the existing ephemeral stream. The project will be required to meet all building code standards including soils analysis and compaction. New riparian habitat is included as part of the restoration efforts. Should wetland habitat be determined to exist on-site prior to construction, habitat restoration will be incorporated into the project as conditioned. SECTION 4. CEQA. An initial study was prepared for the proposed project at which time mitigation measures were identified to reduce the impacts to a less than significant level. A Draft Mitigated Negative Declaration was posted for public review in accordance with CEQA. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 4, 2021, resolved to approve a Conditional Use Permit to allow for a mini-storage facility (DEV20-0076) subject to the following: 1. EXHIBIT A: Conditions of Approval 2. EXHIBIT B: Mitigation Monitoring Program 3. EXHIBIT C: Project Design Package On motion by Commissioner _____________ and seconded by Commissioner ___________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jeff van den Eikhof Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 14 EXHIBIT A: Conditions of Approval DEV20-0076 Conditions of Approval Conditional Use Permit Mini Storage Facility 11450 Viejo Camino / 11505 El Camino Real Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 1. This Conditional Use Permit shall be for a mini-storage facility as described in attached Exhibits, located at 11505 El Camino Real and 11450 Viejo Camino (APN 045-342-009, 045-342-010), regardless of owner. Ongoing PS 2. The approval of this use permit shall become final and effective the date of the hearing. Issuance of building permits may not occur prior to the appeal period of fourteen (14) days following the Planning Commission approval. Ongoing PS 3. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit. Ongoing PS, CE 4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months after its effective date. At the end of this time period, the approval shall expire and become null and void unless the project has received a building permit or a time extension. BP PS 5. The owner and applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning this conditional use permit. Ongoing CA Planning Services 6. A public access easement shall be provided over the area of the sewer easement to allow for a pedestrian path. The easement document shall be recorded prior to permit issuance. The easement document shall include provisions of the continued maintenance of the pathway. BP PS 7. The pedestrian pathway shall be constructed to the satisfaction of the City Engineer and shall provide a minimum of 8-feet of pavement width to accommodate maintenance/service vehicle access. Landscaping adjacent to the path shall be designed to enhance safety and visibility. Fencing shall be included between the path and the creek to limit pedestrian access to the riparian zone. Fencing shall be low split rail fencing. Fencing adjacent to the neighboring residential use property shall be privacy fencing unless transparent fencing is agreed to by the adjacent property owner. BP CE 8. The developer shall record the lot merger prior to issuance of any construction or grading permit. BP PS 9. All project signage shall be limited to 40 square-feet per frontage and shall not be illuminated whether internally or externally. BP PS 10. Development perimeter fencing shall be high-quality wrought iron fencing. Landscaping shall be installed at a density to screen the facility and fencing. Should the undeveloped portion of the site be fenced, fencing shall be split rail BP PS 15 style wood fencing. All fencing shall be maintained in perpetuity. 11. Landscaping shall be maintained in perpetuity in a manner that provides screening of the facility from the adjacent neighborhood. Any dead or deficient landscaping shall be replaced immediately, to the satisfaction of the City. BP / Ongoing PS 12. All retaining walls shall be constructed of the stamped ECO block or similar naturalized textured block consistent with EXHIB C sheet A101. BP PS 13. Street trees shall be provided along the El Camino Real and Viejo Camino frontages. El Camino trees shall be planted at 30-feet on center and shall be London Plane Sycamores. Trees along Viejo Camino shall include a variety of species and may be installed in natural groupings, subject to the approval of the City Engineer. BP PS 14. Screening landscaping shall be installed along all property frontages outside of the right-of-way. Landscape shall be designed in such a way to adequately screen any blank walls as viewed from the adjacent roads. 15. All street and on-site trees shall be maintained in perpetuity in a manner that allows the trees to grow to their natural canopy width and height. Ongoing PS 16. All mechanical equipment on site shall be screened, including all ground and roof mounted equipment, air conditioners, transformers, etc. BP / Ongoing PS 17. All utilities on site shall be installed underground. BP PS 18. Any undeveloped portions of the site shall be landscaped with native groundcovers and seed mixes and shall be maintained free of weeds or invasive species. BP / Ongoing PS 19. All mitigation measures identified in the Mitigation Monitoring Program (EXHIBIT B) are considered conditions of approval for this project and shall be adhered to and enforced as project conditions. BP / Ongoing PS 20. The community meeting space shall be limited to temporary use not to exceed 3 consecutive days. Ongoing PS 21. The drivable path over the sewer easement shall include appropriate design features to discourage public vehicular access, to the satisfaction of the City Engineer. BP / Ongoing CE 22. Hours of operation for the facility shall be as follows:  Office Hours: 8am-5pm  Access Hours: 6am-9pm  Community Room Hours: 6am-9pm Ongoing PS 23. All exterior site lighting shall be placed on motion sensor dimmers and shall be maintained at low lighting levels unless the motion sensor is activated. Should this not be feasible in one light, a dual lighting system may be used with the same effect. BP / Ongoing PS 24. Building E shall be setback an additional 5-feet to allow for an expanded landscape area on the applicant’s property. Landscaping shall include street trees spaces a maximum of 30-feet on-center to be located outside the City Right-of-way. Landscaping shall include screening materials. The iron fencing shall be located to maximize landscaping between the fencing and right -of- way while still allowing access to the rear of Building E for maintenance. Building Services 16 25. New buildings shall conform to all Building Code requirements including permitting, room sizes, restrooms, exiting, path of travel, etc. Inclusion of the site plan with this Conditional Use Permit does not provide relief from standard Building Codes in place at the time of submittal of building permits. The owner or applicant shall obtain a building permit prior to beginning any demolition or construction work on site. BP BS Public Works 26. A FEMA issued CLOMR must be received by the City Engineer prior to issuance of any Building Permit. BP CE 27. The entry driveway shall be designed to align with Bocina Lane to the greatest extent possible, subject to the satisfaction of the City Engineer. 28. The Developer shall construct new frontage improvements along Viejo Camino consisting of a 6-ft wide integral curb-gutter-sidewalk, and shall widen the road to complete a road section comprised of class 2 bike lanes, one travel lane in each direction, a center turn lane, and on-street parking adjacent to the development site, to the satisfaction of the City Engineer. The new driveway approach shall include an integral 4-ft wide sidewalk per San Luis Obispo County Standard Drawing Nos. B-3, B-3a and B-3c. PI CE 29. The Developer shall complete road striping and signage on Viejo Camino to accommodate left-turns into the subject property in coordination with the southbound left-turn lanes to the apartment complex entrance and La Paloma Ct., to the satisfaction of the City Engineer. PI CE 30. The Developer shall construct new frontage improvements on El Camino Real consisting of a 6-ft wide integral sidewalk-curb-gutter per City Standards and to the satisfaction of the City Engineer. The alignment of the new frontage shall accommodate a 5-ft wide bike lane. The back of sidewalk shall have a shoulder sufficient to support the new sidewalk. The new frontage improvement adjacent to the existing culvert may require the construction of a pedestrian guardrail depending on the grade differential between the back of sidewalk and the adjacent grade within 5-ft. All improvements shall be to the satisfaction of the City Engineer. PI CE 31. This project shall connect to the public sewer main at a location approved by the City Engineer. BP PW 32. Any work within the public sewer easement shall not compromise the existing sewer main and shall not preclude or restrict access to the sewer main by City crews or equipment. Any work within the sewer easement shall be approved by the City Engineer. Ongoing / BP PW 33. Other conditions imposed upon this project shall not compromise the public sewer main or sewer easement and shall be subject to the approval or rejection by the City Engineer. This includes, but is not limited to, creek realignment and reconstruction. Ongoing / BP PW 34. Following completion of site grading and prior to a Final Inspection, the Developer shall obtain a FEMA LOMR (based on fill) for the revised flood zone. BP PW 35. The applicant shall record a mechanism against the property to restrict vehicular access rights along both road frontages except where the proposed driveway is to be located. Modifications may be granted in the future by the City Engineer based on proposed alterations to site use and updated traffic analysis. 17 Fire Department 36. New facilities shall conform to all Fire Code and City Fire Department Policy requirements including, but not limited to, driveway slope and length, fire truck access, location of fire hydrants, and fire sprinklers. BP FD 37. Auto turn software shall be run on the final project design and turning diagrams shall be included as part of the building permit submittal package. BP FD 18 Exhibit B: Mitigation Monitoring Program DEV20-0076 MITIGATION MONITORING PROGRAM Dove Creek Mini-Storage DEV20-0076 MITIGATION MEASURE TIMING Aesthetics AES-1.1 All exterior lights shall be turned off between the hours of 11pm and 6am. Lights may turn on when motion is sensed. All lighting must be dimmable to maintain the low light levels of the surrounding residential and open space areas. Ongoing Air Quality AQ 2-1 Use of water trucks or sprinkler systems, in sufficient quantities to prevent airborne dust from leaving the site and from exceeding the APCD’s limit of 20% opacity for greater than 3minutes in any 60- minute period. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. Please note that during drought conditions, water use may be a concern and the contractor or builder shall consider the use of an APCD-approved dust suppressant where feasible to reduce the amount of water used for dust control. During construction AQ 2-2 All dirt stock pile areas should be sprayed daily as needed. During construction AQ 2-3 Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non-invasive grass seed and watered until vegetation is established. Prior to permit issuance AQ 2-4 All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD. During construction AQ 2-5 All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. During construction AQ 2-6 Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC During construction 19 MITIGATION MEASURE TIMING Section 23114. AQ 2-7 “Track-Out” is defined as sand or soil that adheres to and/or agglomerates on the exterior surfaces of motor vehicles and/or equipment (including tires) that may then fall onto any highway or street as described in California Vehicle Code Sec tion 23113 and California Water Code 13304. To prevent Track Out, designate access points and require all employees, subcontractors, and others to use them. Install and operate a “track-out prevention device” where vehicles enter and exit unpaved roads onto paved streets. The track -out prevention device can be any device or combination of devices that are effective at preventing track out, located at the point of intersection of an unpaved area and a paved road. Rumble strips or steel plate devices require periodic cleaning to be effective. If paved roadways accumulate tracked out soils, the track-out prevention device may need to be modified. During construction AQ 2-8 Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. During construction AQ 2-9 All of these fugitive dust mitigation measures shall be shown on grading and building plans. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD. Prior to permit issuance AQ 2-10 An approved APCD permit or release letter shall be required prior to issuance of building permit. Prior to permit issuance AQ 2-11 Because this project is within 1,000 feet of sensitive receptors, the project applicant shall comply with the following more restrictive requirements to minimize impacts to nearby sensitive receptors. 1. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; 2. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted; 3. Use of alternative fueled equipment is recommended; and 4. Signs that specify no idling areas must be posted and enforced at the site. During Construction Biological Resources 20 MITIGATION MEASURE TIMING BIO 1-1 Pre Construction Surveys for Roosting Bats: Within 30 days prior to removal of existing structures and/or mature trees, a sunset survey shall be conducted by a qualified biologist to determine if bats are roosting on site. If bats are present, a follow-up acoustic monitoring survey shall be completed to determine, if feasible, which species are present. If roosts of special-status bat species are identified and will be impacted during the proposed project, CDFW will be consulted to determine appropriate measures to be implemented. If it is determined that no special-status bats are present, the project shall proceed under the guidance of a qualified biologist, in a manner that minimizes impacts to individual bats and roosts (e.g., conducting work only during the day or installing one-way exclusions prior to work). Prior to permit issuance BIO 1-2 Pre Construction Surveys for Nesting Birds: If work is planned to occur between February 1 and September 15, a qualified biologist shall survey the area for nesting birds within one week prior to activity beginning on site. If nesting birds are located on or near the proposed project site, they shall be avoided until they have successfully fledged or the nest is no longer deemed active. A non-disturbance buffer of 50 feet will be placed around non-listed, passerine species, and a 250- foot buffer will be implemented for raptor species. All activity will remain outside of that buffer until a qualified biologist has determined that the young have fledged or that proposed construction activities would not cause adverse impacts to the nest, adults, eggs, or young. If special-status avian species are identified, no work will begin until an appropriate buffer is determined in consultation CDFW, and/or the USFWS. Prior to permit issuance BIO 2-1 Protection of Hydrologic Resources: Construction within and immediately adjacent to the drainage shall occur only when conditions are dry. For short-term, temporary stabilization, an erosion and sedimentation control plan shall be developed outlining Best Management Practices (BMPs), which shall be implemented to prevent erosion and sedimentation into the channel during construction. Acceptable stabilization methods include the use of weed-free, natural fiber (i.e., nonmonofilament) fiber rolls, jute or coir netting, and/or other industry standards. BMPs shall be installed and maintained for the duration of the construction period. In addition, the following general measures shall be implemented during construction:  The limits of disturbance within the existing drainage feature shall be clearly shown on all sites plans and flagged within the drainages prior to project implementation. All construction personnel shall be directed to avoid Prior to permit issuance/During construction 21 MITIGATION MEASURE TIMING impacts to the areas immediately upstream and downstream of the proposed development including the existing culvert features located at El Camino Real and Viejo Camino.  All equipment and materials shall be stored out of the streambed at the end of each working day, and secondary containment shall be used to prevent leaks and spills of potential contaminants from entering the stream.  During construction, washing of concrete, paint, or equipment and refueling and maintenance of equipment shall occur only in designated areas a minimum of 50 feet from all drainages and aquatic features. Sandbags and/or sorbent pads shall be available to prevent water and/or spilled fuel from entering drainages.  Construction equipment shall be inspected by the operator on a daily basis to ensure that equipment is in good working order and no fuel or lubricant leaks are present. BIO 2-2 Compensatory Mitigation Plan: A compensatory mitigation plan shall be developed to offset permanent impacts to jurisdictional areas. The exact details and performance criteria of the restoration plan shall be determined during agency coordination with CDFW, RWQCB, and the Corps, as necessary. Stabilization and restoration measures may include the installation of BMPs and/or revegetation using native seed mixes and plantings. Prior to project initiation, all applicable agency permits with jurisdiction over the project area (i.e., Corps, CDFW, and RWQCB) should be obtained. Additional mitigation measures required by these agencies would be implemented as necessary. Prior to permit issuance BIO 2-3 Agency Permitting: Prior to issuance of any permits for grading or construction on-site, the applicant shall obtain permits from the following agencies, and any other agencies as necessary:  California Department of Fish and Wildlife  US Army Corps of Engineers  Regional Water Quality Control Board Any mitigation measures required by the above listed permits shall be implemented to their fullest extent. Prior to permit issuance BIO 3-1 Creek Channel Naturalization: The realigned creek shall be constructed in a manner which maintains and enhances natural flows and vegetation. The creek shall interface with the proposed development in a way which maintains appropriate setbacks and Prior to permit issuance/Permit final 22 MITIGATION MEASURE TIMING naturalization. BIO 3-2 Wetland Restoration: Should wetland impacts occur and wetland restoration be required on-site, the wetlands shall be monitored for a period of not less than 5-years. Annual reports from a qualified biologist shall be submitted to the City addressing any irrigation modifications or replanting that may be required to ensure successful naturalization of the restored wetland habitat. A contract with a qualified biologist shall be entered into prior to final of the development perm it. Post construction Cultural Resources CUL 1-1 Monitoring shall occur during all site disturbance activities by either a member of the designated tribe or a qualified archeologist. Should any resources be unearthed, construction shall immediately stop and further consultation to determine resolution shall be required prior to resuming any construction activities. A contract with a monitor shall be required prior to issuance of any site disturbance permits. Contract prior to permit issuance, monitoring during construction Water Quality and Hydrology WQH 1-1 The applicant shall obtain all necessary permits form the Regional Water Quality Control Board. Prior to permit issuance WQH 2-1 Prior to issuance of any building permits, a FEMA Conditional Letter Of Map Revision (CLOMR) must be issued and received by the City Engineer. Prior to permit issuance WQH 2-2 The project design and construction shall comply with the CLOMR. Prior to a final inspection or Occupancy release, the developer must apply for and be issued a FEMA Letter Of Map Revision (LOMR) and a copy filed in the Office of the City Engineer. Prior to C of O LUP 1-1 See BIO 3-1 TRC 1-1 See CUL 1-1 23 PROJECT INSPIRATION 11405 & 11505 EL CAMINO REAL 24 COLOR BOARD 11405 & 11505 EL CAMINO REAL Standing seam metal roofing MBCI lockseam series 18” ‘Ash Grey’ Ribbed metal wall panels MBCI PBR series ‘Burnished Slate’ Metal roll-up doors Janus self-storage series ‘Bronze’ Aluminum Storefronts Kawneer anodized finish ‘Medium Bronze’ BUILDING A BUILDING B - BEYOND LINE OF NATURAL GRADE @ PROPERTY LINE 6’ W.I. FENCE PROPERTY LINEPROPERTY LINESecurity Fence Aluminum Tubing / Posts ‘Black’ Split Face CMU Block Air Vol Block - Split Face Color: '04B0467C' Horizontal Corrugated Metal Siding MBCI PBC Series ‘Medium Bronze’ 25 VIEJO CAM INOEL CAMINO REALSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS SS SS SSSSSSSSSSSSBLDG. CBLDG. DBLDG. EBLDG. ABLDG. BWROUGHT IRON FENCEWROUGHT IRON FENCEWROUGHT IRON FENCESEED MIXSEED MIXSEED MIXALL STREET TREES TOBE LONDON PLANESYCAMORE, TYP.LPSLPSLPSLPSLPSLPSLPSLPSLPSLPSLPSLPSALL STREET TREES TOBE LONDON PLANESYCAMORE, TYP.A R C H l T E C T SDRAWING NO.REVPROJECT NO.DATEDRAWN BYCHECKED BYREVDATENOTESDRAWING TITLESELF STORAGE / ASSEMBLY SPACE11505 EL CAMINO REALATASCADERO, CAAPN: 045-342-010THIS WORK WAS PREPARED BY ME ORUNDER MY SUPERVISION ANDCONSTRUCTION OF THIS PROJECT WILLBE UNDER MY OBSERVATION.© 2020 LSA Architects, LLCThe designs and concepts shown are the sole property of LSAArchitects. The drawings may not be used except with the writtenconsent of LSA Architects, LLCOWNERNEWTON, SCOTT, NEWTON, JILL215 SANA FE AVE.PISMO BEACH, CA 93449LSA ArchitectsPOB 3057Pismo Beach, CA 93449808-895-2682Loch@ LSAArchitects.comSEALAPR. 2, 2021STATE OF CALI FOR NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/23 MFPLBSL100LANDSCAPE PLANA0'15'30' 60'1" = 30' - 0"SCALE:PROJECT DATAVICINITY MAPNTSPROJECT NORTH TRUE NORTH LANDSCAPE PLANSite CoverageSq. Ft.%Building Footprints47,25035.0%Paving / Concrete34,82225.8%Landscape30,06122.2%Building AreaSq. Ft.Building A5,410Building B (2 Story)28,980Building C12,100Building D11,750Building E3,500Total Building Area61,740Building A Business Area:1553 S.F. / 400 = 4 SPACESBuilding A Parking Calculations416Building A Assembly Area:16 Spaces X 40 S.F. = 640S.F. / 7 Occ. / S.F. (IBCTable 1004.1.1) = 91 MaxOccupantsProvided Spaces:2018,809Waterway / native plantingArea outside of project scopeWalking path4,176135,118Total project site area100%13.9%3.1%53,932TREESHRUBSEED MIXPERENNIAL HERB / GRASS26 11405 & 11505 EL CAMINO REAL ATASCADERO, CA APN: 045-342-009 & 010 THIS WORK WAS PREPARED BY ME OR UNDER MY SUPERVISION AND CONSTRUCTION OF THIS PROJECT WILL BE UNDER MY OBSERVATION. © 2019 LSA Architects, LLC The designs and concepts shown are the sole property of LSA Architects. The drawings may not be used except with the written consent of LSA Architects, LLC NEWTON, SCOTT, NEWTON, JILL 215 SANA FE AVE. PISMO BEACH, CA 93449 SEAL STREET VIEWS A1020'5'10'20'1" = 10' - 0"SCALE: NTS PROJECT NORTH TRUE NORTH B U I L DIN G C O L O R BOARD S LSA Architects POB 3057 Pismo Beach, CA 93449 808-895-2682 Loch@ LSAArchitects.com SELF STORAGE / SHARED WORK SPACE BUILDING A BUILDING B - BEYOND BUILDING C BEYOND BUILDING D BEYOND BUILDING B BEYOND BUILDING D BEYOND BUILDING C BEYOND BUILDING B BEYOND BUILDING A BEYOND PROPERTY LINEPROPERTY LINELINE OF NATURAL GRADE @ PROPERTY LINE 6’ W.I. FENCE 6’ W.I. FENCE 6’ W.I. FENCE STREET TREES, SEE SITE PLAN STREET TREES, SEE SITE PLAN EL CAMINO VIEJO CAMINO PROFILE OF VIEJO CAMINO PROFILE OF EL CAMINO REAL BOTTOM OF BASIN, SEE GRADING PLAN BUILDING A WALKING PATH OPEN WATER CHANNEL 1/16” = 1’-0”SCALE: EL CAMINO REAL ELEVATION 1/16” = 1’-0”SCALE: NORTH PROP LINE ELEVATION 1/16” = 1’-0”SCALE: VIEJO CAMINO ELEVATIONPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINE6’ W.I. FENCE STANDING SEAM METAL ROOF, TYP. BUILDING D BUILDING B - BEYOND 1/16” = 1’-0”SCALE: SOUTH PROP LINE ELEVATION BUILDING E PROFILE OF WALKING TRAIL ELEVATION BOTTOM OF BASIN / WATER WAY APR. 2, 2021STA T E OF C A L IF O RNIALICEN SE D ARCHIT E C TLOCHSODERQUIST No. C36061 EXP. 02/28/23 27 VIEJO CAM INOEL CAMINO REALD SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS SS SS SSSSSSSSBLDG. CBLDG. DBLDG. E 210' 250' 250'5'60'4'-6"28'60'28'60'28'50'9'-7"41'55'112'BLDG. A11'-0"6'-0"HIDDEN LINE = FIREACCESS ROAD 20'MIN. WIDTH AND 28'MIN. INSIDE TURNINGRADIUS, TYP.AAAABBBBBLDG. B15' SEWEREASMNT.15'SEWEREASMNTLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL25'-0"11'-6"140 ' -0 "24'-8"24'-10"13'-0"7'24'-0"7'5'26'-8"15'-0" 5'30'-8"7'63'9'45'-6"1 HOURFIRE WALLSTAMPED ECO BLOCK SITE WALLSCREEK BED WITH NATIVE LANDSCAPETYPICAL 6'-0" HIGH WROUGHTIRON FENCE WITH LANDSCAPE BELTREGIONAL DESIGNBUILDING A - ASSEMBLY ROOM/SELF STORAGE OFFICEINCREASED PARKINGWALKING TRAIL AROUND SITEAREA OUTSIDE OF PROJECT SCOPEPROPERTY LINE PROPERTY LINE FENCEBUILDING EBUILDING B908.33' FFE898.33' FFE925.50'FENCEACCESSDRIVEACCESSDRIVEEL CAMINO REALVIEJO CAMINOENGINEERED FILLLINE OF NATURAL GRADE890.00'895.00'900.00'905.00'910.00'SITE SECTION BBBUILDING BBUILDING CBUILDING D908.7' FS908.33' FFE898.33' FFE898.33' FFE 897.83' FFE897.83' FFEACCESSDRIVEACCESSDRIVEACCESSDRIVEPARKING LOTPROPERTY LINE PROPERTY LINEFENCE890.0' SWALELINE OF NATURALGRADE890.00'895.00'900.00'905.00'910.00'925.50'915.00'914.00'LINE OF NATURALGRADEPROP. LINEFENCE / RET.WALLENGINEEREDFILLENGINEEREDFILLSITE SECTION AAA R C H l T E C T S DRAWING NO.REVPROJECT NO.DATEDRAWN BYCHECKED BYREV DATENOTESDRAWING TITLESELF STORAGE / ASSEMBLY SPACE11505 EL CAMINO REALATASCADERO, CAAPN: 045-342-010THIS WORK WAS PREPARED BY ME ORUNDER MY SUPERVISION ANDCONSTRUCTION OF THIS PROJECT WILLBE UNDER MY OBSERVATION.© 2021 LSA Architects, LLCThe designs and concepts shown are the sole property of LSAArchitects. The drawings may not be used except with the writtenconsent of LSA Architects, LLCOWNERNEWTON, SCOTT, NEWTON, JILL215 SANA FE AVE.PISMO BEACH, CA 93449LSA ArchitectsPOB 3057Pismo Beach, CA 93449808-895-2682Loch@ LSAArchitects.comSEALS TATE OF CALI FOR NIA LIC E NS ED ARCHITECTAPRIL 2, 2021LOCHSODERQUISTNo. C36061EXP. 02/28/23SITE PLANMFPLBSA101SITE PLANA0'15'30' 60'1" = 30' - 0"SCALE:PROJECT DATA#1. DRIVEWAY APRON PER CITY OF ATASCADEROSTANDARDS AND SPECIFICATIONS2. CURB / GUTTER / SIDEWALK AND BIKE LANE PERCITY OF ATASCADERO STANDARDS ANDSPECIFICATIONS3. MID-BLOCK PEDESTRIAN CONNECTION WITHINSEWER EASEMENT4. CMU RETAINING WALL5. STAMPED ECO BLOCK SITE WALL6. 6' HIGH WROUGHT IRON FENCE7. (E) CONC. SPILLWAY8. LANDSCAPE PLANTING AREA9. 9' X 18' PARKING SPACE, TYP.10. 6" CONC. CURB11. PROPOSED WATERWAY PILOT FLOW12. WALL MOUNT EXTERIOR LED DOWNLIGHT13. POLE MOUNT DOUBLE PARKING LOT LIGHTLOT NO. 5 / 62.35 ACRESZONINGP: PUBLIC FACILITIESADDRESS045-342-0010LANDUSEP: PUBLIC FACILITIESAPN11505 EL CAMINO REALATASCADERO, CA 93422LOT NO. 71.89 ACRESADDRESS045-342-0009APN11405 EL CAMINO REALATASCADERO, CA 93422SETBACKSREARFRONTSIDEHEIGHT LIMIT10 FT35 FT10 FTNONE *GENERAL ZONING ANALYSISSITE DATAVICINITY MAPNTSSITE PLAN KEYNOTESPROJECT NORTH TRUE NORTH 1223456563788888888888888896610101010101010688111" = 30' - 0"1" = 30' - 0"1212121212TYP.TYP.TYP.TYP.TYP.12TYP.131312TYP.Site CoverageSq. Ft.%Building Footprints47,25035.0%Paving / Concrete34,82225.8%Landscape30,06122.2%Building AreaSq. Ft.Building A5,410Building B (2 Story)28,980Building C12,100Building D11,750Building E3,500Total Building Area61,740Building A Business Area:1553 S.F. / 400 = 4 SPACESBuilding A Parking Calculations416Building A Assembly Area:16 Spaces X 40 S.F. = 640S.F. / 7 Occ. / S.F. (IBCTable 1004.1.1) = 91 MaxOccupantsProvided Spaces:2018,809Waterway / native plantingArea outside of project scopeWalking path4,176135,118Total project site area100%13.9%3.1%53,93228 47247 DISPLAYAREADISPLAYAREAAPR. 2, 2021STATE OF CALI FOR NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/2391 MAX OCCUPANTSSTORAGESTORAGE29 APR. 2, 2021STATE OF CALI FOR NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/2330 APR. 2, 2021STATE OF CALI FOR NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/2331 APR. 2, 2021STATE OF CALI FOR NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/2332 APR. 2, 2021STATE OF CALI FOR NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/2333 APR. 2, 2021STATE OF CALI FOR NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/2334 ITEM 2 | 5/04/2021 Mini-Storage DEV 20-0076 / Newton DRAFT RESOLUTION B RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO DENYING A CONDITIONAL USE PERMIT TO ESTABLISH A MINI-STORAGE FACILITY, AND ASSOCAITED LOT MERGER, LOCATED AT 11405 VIEJO CAMINO AND 11505 EL CAMINO REAL DOVE CREEK MINI-STORAGE NEWTON (DEV20-0076) WHEREAS, an application has been received from Scott Newton (215 Santa Fe, Pismo Beach, California 93449), Owner and Applicant, to consider Planning Application DEV18-0103, for a Conditional Use Permit and Lot Merger for a mini-storage use on a 2.4-acre site located at 11405 Viejo Camino and 11505 El Camino Real, Atascadero, CA 93422 (APNs 045-342-009 and 045-342-010); and WHEREAS, the site’s current General Plan Land Use Designation is Public Facilities (PUB); and WHEREAS, the site’s current Zoning District is Public (P); and WHEREAS, mini-storage is a conditionally allowed use in the Public (P) zoning district; and WHEREAS, the project was reviewed by the Design Review Committee at their regularly scheduled meetings on June 24, 2020 and November 18, 2020; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, the Planning Commission of the City of Atascadero has recommended approval of the use permit; and NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of Atascadero: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearings. 35 ITEM 2 | 5/04/2021 Mini-Storage DEV 20-0076 / Newton 1. The Planning Commission held a duly noticed public hearing to consider the project on April 20, 2021 and considered testimony and reports from staff, the applicants, and the public and the project was continued to the May 4, 2021 meeting. 2. The Planning Commission held a duly noticed public hearing to consider the project on May 4, 2021 and considered testimony and reports from staff, the applicants, and the public. SECTION 3. Findings. The Planning Commission makes the following findings and determinations with respect to the Conditional Use Permit: 1. Findings for Denial of a Conditional Use Permit A. FINDING: The proposed project or use is inconsistent with the General Plan. FACT: The project is inconsistent with Land Use, Open Space and Circulation (LOC) Policies and Programs: 8.1 for protection of watershed areas 8.2 for maintenance of a creek setback In addition, the land use is inconsistent with the General Plan definition of the Public Facilities (PUB) designation. B. FINDING: The proposed project or use does not satisfy all applicable provisions of the Zoning Code (Title 9 – Planning and Zoning). FACT: C. FINDING: The establishment, and subsequent operation or conduct of the use will, 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 t o property or improvements in the vicinity of the use. FACT: The establishment of a mini-storage facility will negatively alter the character of the area, which is dominated by residential and parkland uses. In addition, the realignment of the creek will alter the potential future use of the adjacent property due to setback requirements. D. FINDING: The proposed project or use will be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. FACT: The proposed mini-storage use is surrounded primarily by residential, parkland, child-care facilities, churches, and a seasonal creek. An 56,000 square foot 36 ITEM 2 | 5/04/2021 Mini-Storage DEV 20-0076 / Newton mini-storage facility is incompatible with the surrounding neighborhood and is a departure from the established land use pattern. E. FINDING: The proposed use or project will 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. FACT: F. FINDING: The proposed project is not in compliance with pertinent City policy or criteria adopted by ordinance or resolution of the City Council. FACT: The project is inconsistent with goals and policies identified in the land use element to protect creekways such as Policy 8.1 and 8.2. G. FINDING: Additional findings. FACT: On-site creeks, riparian areas, and site improvements will be negatively impacted by a reduced creek setback. SECTION 4. CEQA. An initial study was prepared for the proposed project at which time mitigation measures were identified to reduce the impacts to a less than significant level. A Draft Mitigated Negative Declaration was posted or public review in accordance with CEQA. SECTION 5. Denial. The Planning Commission of the City of Atascadero, in a regular session assembled on May 4, 2021, resolved to deny a Conditional Use Permit for a mini-storage facility. 37 ITEM 2 | 5/04/2021 Mini-Storage DEV 20-0076 / Newton On motion by Commissioner _____________ and seconded by Commissioner ___________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jeff Van den Eikhof Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 38 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton Atascadero Planning Commission Staff Report - Community Development Department Dove Creek Self-storage DEV20-0076 (Newton) RECOMMENDATION: 1. Adopt Draft Resolution A approving a conditional use permit for a Self-storage project, subject to findings and conditions of approval, OR 2. Adopt Draft Resolution B denying a conditional use permit for a Self-Storage project, based on finding(s). DISCUSSION: Background: A previous application for a mini-storage use was reviewed on this site in 2019. At that time, the City Council found that a mini-storage use could not meet one or more of the findings to approve the use permit. The project was found to be incompatible with the surrounding neighborhood and the project was denied. The applicant submitted a revised project in 2020 with a reduced development footprint with enhanced creek restoration and landscaping. The revised project was reviewed by the Design Review Committee on June 24, 2020 and November 18, 2020. The project was initially submitted with a co-working office space which triggered a zone change to add general offices to the list of allowable uses in the Public zone. The DRC recommended that this component be removed based on concerns that the combination of office space and storage space may encourage use of the facility that would be incompatible with the neighborhood. The DRC found that the design revisions enhanced the appearance of the project and the added landscaping increased compatibility with the surrounding neighborhood. However, the DRC did not reach consensus on land use compatibility, and referred the land use discussion and use permit findings to the Planning Commission. 39 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton An initial study and Draft Mitigated Negative Declaration was prepared and circulated for public comment in accordance with CEQA regulations. Certification of the draft environmental document is included in Draft Resolution A. Summary: The applicant is proposing an approximately 61,740 square foot self-storage facility with associated office, an approximately 640 square foot community meeting space, and an approximately 2,000 square-foot workshop in a total of 5 buildings. Paved drive aisles and twenty parking spaces are included. The project location includes a seasonal creek, which is proposed to be realigned and restored to accommodate development of the site. The existing drainage and creek area is somewhat degraded due to previous droughts and animal grazing. There is an existing geodesic dome shaped residence on the site that would be demolished to accommodate the project. The site would require substantial site grading in order to accommodate a flat pad for the development. Analysis: The project is located in the Public zoning district where mini-storage is listed as a conditionally allowed use and is subject to findings. The General Plan defines the public zone as follows: “Public Facilities (PUB) This designation, which applies to parcels that are publicly owned and/or house publicly operated facilities, is intended to meet the public service, institutional, educational, religious, and cultural needs of the community. This designation includes the Atascadero State Hospital, which the General Plan allows as a mental health facility use. Community facilities require large areas of land and may have specialized site location requirements. The corresponding zoning districts are P and L with appearance review required.” The City’s Zoning regulations further refine what is allowed in the public zoning district. The list of allowed uses includes typical publicly owned facilities, religious facilities, parks and related uses. The Public zoning district includes a number of conditionally allowed uses that may or may not be appropriate in all public zone locations, or uses that may require added conditions to achieve compatibility, such as the mini-storage, health care services, and RV parks. Mini-storage is currently listed as a conditionally allowed use in the Public zoning district which means it is use that may or may not be appropriate based on site specific criteria or particular project conditions. Conditional uses are those uses, which can have detrimental effects on the surrounding neighborhoods, but in some cases may be appropriate or inappropriate based on neighborhood compatibility. Conditions may be added to enhance compatibility within specific locations or to add design features above and beyond standard code requirements. 40 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton Site Design and Architecture: The conceptual building design theme is contemporary agrarian. Agrarian designs resemble agricultural use buildings with barn-like accents and roof forms. Materials include standing seam metal siding and roofing with simple gable roof forms. Building A includes a “monitor” roof element with clerestory windows for visual interest. A monitor roof element can be compared to a large cupola roof feature that extends above the primary roof. (See attachment for full design concept package). Parking There are a total of 20 parking spaces provided on site. The parking will accommodate self-storage patrons and users of the community space. The community space has been designed to be a maximum of 640 square-feet to ensure that all parking can be accommodated on-site. Landscape design The current plan includes a 6-foot wrought iron or steel picket fence surrounding the development area with landscaping adjacent to the realigned creek channel and adjacent streets. There is a retaining wall adjacent to the proposed creek channel to allow for the creation of a flat development pad. The retaining wall is proposed to be a rectangular textured block. 41 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton Signage The Atascadero Municipal Code allows for signage facing public streets. As this property is a double frontage lot, signage is permitted facing both Viejo Camino and El Camino Real. Due to the proximity of residential to this facility, a condition has been included that all signage be non-illuminated and limited to 40 square-feet per frontage in accordance with the maximum allowable size by code. 42 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton Frontage Improvements The project is conditioned to complete road improvements on both Viejo Camino and El Camino Real. Improvements include curb, gutter and sidewalk, as well as a 5-feet wide bike lane and on-street parking along Viejo Camino, to the satisfaction of the City Engineer. Additional improvements include pavement widening on Viejo Camino to meet the new frontage as well as striping and signage necessary to accommodate left-turning movements on Viejo Camino at the project entrance. The City Engineer is recommending a condition to restrict vehicular access rights along both road frontages except where the proposed driveway is to be located. This will allow limitations on driveways off El Camino Real where travel speed and turning conflicts may create safety issues. The dedication of access rights to the City does not preclude future modifications, or the addition of driveway approach locations, but places complete control regarding points of access at the discretion of the City. Neighborhood Character: In approving a Conditional Use Permit, findings must be made that the use is consistent with the General Plan and Zoning Ordinance, and that it will not be inconsistent with the character of the immediate neighborhood. The character of the neighborhood is dominated by multi-family residential and small-lot single-family residential units, churches, parks, and other non-commercial uses. The block between Viejo Camino and El Camino Real has some of the largest, flat, non-residential properties remaining vacant in Atascadero. However, much of this land is within a flood zone. Existing uses include several churches, a daycare center, a convenience store and several residences. Paloma Park is located east of Viejo Camino. The overall design of the site plan, treatment of the creek and the planned incorporation of different land uses has generally improved the scope of the project. However, the land use is still predominantly designed as a mini-storage facility and the City Council determined that a storage land use is not consistent with the neighborhood and not consistent with the General Plan. The City Council found that the project was not consistent with finding #4. The primary question for the Planning Commission remains: Can the project be designed in such a way to be consistent with finding #4, or regardless of design, is a storage use incompatible with the neighborhood? Environmental Review A Mitigated Negative Declaration and associated Initial Study was prepared for the project and sent to the State Clearinghouse for distribution to applicable State and Federal 43 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton agencies. The Initial Study identified impacts to aesthetics, air quality, biological resources, geology and soils, water / hydrology, and land use. Mitigation measures were identified that reduce all impacts to a level of insignificance. Mitigation measures are included in the conditions of approval for the use permit. A number of comments were received regarding the project’s environmental impacts. A review of comments is included below after the review of the more significant environmental concerns. Creek Realignment The project relies upon re-aligning the existing creek and using retaining walls and other features to guide water flow around the development site. General Plan Land Use Policy 8.1 speaks to maintaining natural creek flows and requires creek watercourses to remain natural and not be channelized or culverted. The proposed creek realignment will include a naturalized bottom and vegetated sloping banks. The development pad is raised above the creek channel to avoid flooding. The retaining wall for the development pad is proposed to be a natural textured rectangular block. LOC Policy 8.1: Ensure that development along Atascadero Creek, Graves Creeks, the Salinas River, blue line creeks, and natural springs, lakes, or other riparian areas does not interrupt natural flows or adversely impact riparian ecosystems and water quality. LOC Program 8.1.3: The waterways in the City shall be maintained in a natural state and concrete channelization creeks shall be prohibited. LOC Program 8.1.4: The waterways in the City shall be maintained in a natural state and concrete channelization creeks shall be prohibited. LOC Program 8.1.11: Areas subject to flooding, as identified through flood hazard overlay zoning and flood maps, shall be protected from unsound development consistent with the City's flood hazard ordinance requirements. LOC Program 8.1.13: Support the establishment and protection of floodable terraces, wetlands, and revegetation along creeks and streams. The development project will be required to be reviewed by the Army Corps of Engineers (ACE), the California Department of Fish and Wildlife (DFW), the Regional Water Quality Control Board (RWQCB), and, because the proposed development places grading in the floodway, the Federal Emergency Management Agency (FEMA). Due to the denuded character of the creek channel, restoration of the channel provides environmental benefit. 44 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton The City’s General Plan policy requires that development maintain a 20-foot setback from creeks. As of this date, the setback requirement has not been incorporated into the Municipal Code, and presently, the Water Board is asking for communities to adopt a minimum of 30 foot setback from creekways. The setback requirement is designed to address both potential flood damage and habitat protection. The subject property has been grazed for a number of years which has likely reduced the amount of riparian vegetation and definition of this ephemeral creek. However, the biological repots completed for the site did note a defined creek channel and the creek is listed as a “blue line” creek on USGS survey maps. As such, the 20-foot setback in the General Plan would apply. The current development plan proposes to realign the existing flow path around the development pad. The reconstructed creek includes naturalized sloping banks on either side of the channel. There is a minimum 20-foot setback provided from the centerline of the proposed flow path but no setback from the top of the vegetated bank. Exceptions to the creek setback can be made by the Planning Commission through approval of a use permit. In order to approve the realignment of the creek, a finding must be made that on-site creeks, riparian areas, and site improvements will not be negatively impacted by a reduced creek setback. Stormwater and Wetlands The US Fish and Wildlife Service (FWS) online “Wetland Mapper” tool indicates approximately 1.8 acres of the 4.2-acre site may be jurisdictional wetlands. The project biologist visited the site in 2019. The biologist identified 0.14 acres of State jurisdictional wetland area and no wetland areas under Federal jurisdiction based on qualifying criteria. Due to recent drought conditions the amount of qualifying designated wetland areas may be less than was surveyed in 2019. The project is conditioned, and mitigation measures were identified that allow for determination of on-site wetland impacts at the time of permit and review by applicable agencies. Should wetland impacts exist, the applicant may be required to provide an enhanced habitat area on-site. Based on the proposed site plan, staff believes that ample area exists should reviewing agencies require on-site mitigation. Flood Zone The Paloma Creek watershed area is subject to periodic flooding. About half the subject property is in a 100-year flood zone (has a 1% chance of flooding in any year). Another substantial portion is in the 500-year flood zone (has a 0.2% chance of flooding in each year). The applicant will need to apply for a Conditional Letter of Map Revision (CLOMR) from FEMA as the project will modify the hydrologic character of a floodway. After construction, the Flood Insurance Rate Map (FIRM) must be revised to reflect the impact of the project and re-map a revised flood plain. 45 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton Flood Zones The plan was reviewed by the applicants engineer and no downstream impacts are expected to occur. Should the project be approved, an engineer will be required to submit a final hydrology analysis with building permits proving that no impacts will occur to downstream properties as a result of the project. The development will be required to meet State required post-construction performance requirements and City Flood Control requirements per Standard Specifications Section 5. CEQA comments Comments related to the Mitigated Negative Declaration and proposed mitigation measures were received from the Northern Chumash tribal representatives and the Air Pollution Control District (APCD). The APCD requested additional mitigation measures be included related to permitting requirements and additional construction equipment restrictions based on the proximity of the project site to sensitive receptors (residences and day care centers). Applicable measures have been included in the project Mitigation Monitoring Program (Exhibit B to resolution A). Tribal representatives also expressed concerns about potential tribal resources due to the ephemeral creek and historic wetlands. Archeological monitoring is included as part of the Mitigation Monitoring Program, however, concerns were also expressed about the realignment of the creek channel. In order to approve the project, the Planning Commission must find that no negative impacts to the creek will result in the realignment as discussed above. 46 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton Findings In order to approve a conditional use permit, findings must be made to ensure consistency with city regulations and compatibility with the surrounding neighborhood. For project approval, all findings must be made in the affirmative. Most importantly, findings must be made to support neighborhood compatibility, General Plan consistency, and findings that ensure that the use will not be detrimental to the health, safety or welfare of the community. 1. Finding: The proposed project or use is consistent with the General Plan The General Plan includes policies and programs aimed at enhancing the City’s visual character and promoting economic viability. For example, the City Land Use Element provides the following:  LOC3 promotes the transformation of El Camino Real into a distinctive and attractive commercial, office, and industrial park area which can provide for the long term economic viability of the community.  LOC13 provides policies and programs aimed at establishing a range of employment and business opportunities to provide a sound economic base and ensure that new development generates sufficient revenue to support public service needs and quality environmental, social, and educational opportunities.  LOC14 encourages land uses that provide jobs and services for residents that fit within the city’s character. Mini-storage uses are not sales tax generating uses however, some increase in property taxes will be realized from the redevelopment of the site. In addition, mini- storage uses are required to pay an additional business tax of $2 per storage unit per year. There are currently 8 mini-storage facilities in Atascadero. 2. FINDING: The proposed project or use satisfies all applicable provisions of the Zoning Ordinance The Zoning Ordinance establishes property development standards such as height, setbacks, parking and other standards. The proposed mini-storage facility can be permitted though the Conditional Use Permit process as identified in the Municipal Code. The proposed structures and site plan meets applicable standards for commercial development listed in the Municipal code, as conditioned. 3. FINDING: 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 47 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton The proposed mini-storage facility will be located on a double frontage lot between El Camino Real and Viejo Camino adjacent to residential, commercial, and park uses. The site design has been reviewed by all City departments for consistency with code requirements. The project is proposed to have one access point off of Viejo Camino Rd. The project will be required to construct frontage improvements along Viejo Camino Rd that will ensure safe traffic patterns in and out of the site in additional to existing park and residential traffic. 4. FINDING: The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development The proposed project is consists of a predominantly mini-storage facility within a neighborhood dominated by residences and parkland. The applicant has worked to design the project for visual compatibility with the vicinity. However, the City Council previously found the nature of the land to be inconsistent with the character of the neighborhood and to approve the project, findings must be made that the revised project includes design features that negate incompatibilities with the surrounding neighborhood. 5. FINDING: 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 The proposed mini-storage facility will be accessed off of Viejo Camino. Mini- storage facilities are very low traffic generating uses and Viejo Camino, with required improvements, will be able to accommodate any increases in traffic resulting from the proposed project. The addition of a community meeting space will generate some additional traffic when in use by the traffic is not expected to exceed the safe capacity of Viejo Camino or surrounding streets. 6. FINDING: The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. The Design Review Committee has reviewed the proposed project and found the site plan and elevations to be consistent with the criteria in the City’s Design Review Manual. An additional finding is required to approve the realignment of the creek. The General plan requires a 20-foot setback from the ordinary high water mark. The existing ephemeral creek has been degraded due to drought and grazing over the last few years. The project includes realignment and restoration of the creek channel. The realignment 48 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton will move the channel to accommodate the development area and will include naturalized banks. 7. FINDING: On-site creeks, riparian areas, and site improvements will not be negatively impacted by a reduced creek setback. This project includes the realignment and restoration of the existing ephemeral stream. The City’s General Plan offers numerous policies and programs designed to protect and enhance natural environmental features. The ephemeral stream currently meanders through the center of the site from a culvert under El Camino Real to a culvert under Viejo Camino. The proposed mini-storage facility design includes creek realignment and vegetation enhancement. The resulting creek channel will be adjacent to the development pad with a natural constructed channel bottom and vegetated slopes. The following policy and programs associated with warerways apply to the project: Goal LOC 8. Watershed areas of Atascadero shall be protected. Policy 8.1: Ensure that development along Atascadero Creek, Graves Creeks, the Salinas River, blue line creeks, and natural springs, lakes, or other riparian areas does not interrupt natural flows or adversely impact riparian ecosystems and water quality. Applicable Programs: 3. The waterways in the City shall be maintained in a natural state and concrete channelization creeks shall be prohibited. 4. The City shall strongly discourage underground piping, and unnecessary disturbance of creeks and streams, and encourage use of bridges and arched culverts. Any alterations required for public safety will be guided by this policy. 6. Prohibit new structures or disturbance of riparian habitat along creek banks except for restoration purposes. Policy 8.2: Establish and maintain setbacks and development standards for creek side development. Applicable Programs: 1. Adopt and maintain a creek setback ordinance that will establish building setbacks and development standards along the banks of Atascadero Creek, Graves Creek, blue line creeks and the Salinas River to ensure the uninterrupted natural flow of the streams and protection of the riparian ecosystem with flexible standards for the downtown area. 3. Prior to adoption of a creek setback ordinance an interim 35-foot creek setback shall be in effect along Atascadero Creek and Graves Creek until March 1, 49 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton 2005. All other 7.5 min USGS quadrangle blue line creeks shall have an interim 20-foot setback. The interim setbacks shall be subject to the following: a) On Atascadero Creek and Graves Creek setbacks shall be measured from the edge of the creek reservation. b) All other blue line creek setbacks shall be measured from ordinary high water mark. c) The Planning Commission may approve exceptions to the interim creek setbacks in the form of a Conditional Use Permit if the finding can be made that creeks, riparian areas and site improvement will not be negatively impacted by the exception. Should the Commission not be able to make all of the above findings in the affirmative, a resolution for denial is included for consideration. The resolution to deny the Use Permit application lists findings and facts for all of the above listed findings, however, only one finding must be made to justify project denial. If the Commission moves to deny the project, the Commission should clearly state which finding cannot be made in the affirmative and provide evidence to justify such finding. ALTERNATIVES 1. The Planning Commission may adopt draft Resolution A to approve the conditional use permit. Findings must be made to support the use permit and conditions may be added to enhance the project’s compatibility with the General Plan and with the compatibility with the neighborhood. 2. The Planning Commission may adopt Draft resolution B and deny the requested conditional use permit. The Commission should clearly state which finding cannot me made for the record. 3. The Planning Commission may continue the project to a later hearing and request that staff and the applicant provide additional information. The Commission should clearly state what information is needed. FISCAL IMPACT: Mini-storage uses pay business taxes and property taxes, therefore there will be some level of tax revenue increase following completion and occupancy of the project. ATTACHMENTS: Attachment 1: Draft Resolution A Attachment 2: Draft Resolution B Attachment 3: CEQA comment letters Attachment 4: Neighborhood comment letters 50 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton DRAFT RESOLUTION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH A MINI-STORAGE FACILITY, AND ASSOCIATED LOT MERGER, LOCATED AT 11405 VIEJO CAMINO AND 11505 EL CAMINO REAL AND CERTIFY THE PROPOSED MITIGATED NEGATIVE DECLARATION PREPAREED FOR THE PROJECT DOVE CREEK MINI-STORAGE NEWTON (DEV20-0076) WHEREAS, an application has been received from Scott Newton (215 Santa Fe, Pismo Beach, California 93449), Owner and Applicant, to consider Planning Application DEV20-0076, for a Conditional Use Permit for a mini-storage use and associated lot merger on a 2.4-acre site located at 11405 Viejo Camino and 11505 El Camino Real, Atascadero, CA 93422 (APNs 045- 342-009 and 045-342-010); and WHEREAS, the site’s current General Plan Land Use Designation is Public Facilities (PUB); and WHEREAS, the site’s current Zoning District is Public (P); and WHEREAS, mini-storage is a conditionally allowed use in the Public (P) zoning district; and WHEREAS, the project was reviewed by the Design Review Committee at their regularly scheduled meetings on June 24, 2020 and November 18, 2020; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject conditional use permit 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 use permit ; and NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of Atascadero: SECTION 1. Recitals: The above recitals are true and correct. 51 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton SECTION 2. Public Hearing. The Planning Commission held a duly noticed public hearing to consider the project on April 20, 2021 and considered testimony and reports from staff, the applicants, and the public. SECTION 3. Findings. The Planning Commission makes the following findings, determinations and approvals 1. Findings for Approval of a Conditional Use Permit FINDING: The proposed project or use is consistent with the General Plan FACT: The project is consistent with the Land Use, Open Space and Circulation (LOC) Policies and Programs 1.1.7 for infill development; 1.4.1 for screening exterior lights; 2.1.3 and 7.2.3 for providing street trees; and, 8.5.3 for providing on-site stormwater management. In addition, the project is consistent with Circulation Element (CIR) Policies and Programs 1.4 for requiring a tree lined street; 1.5.1 for requiring adequate off-street parking; and 2.3.1 for providing adequate sidewalks as required for all new commercial development in the City. The General Plan also includes policies and programs aimed at enhancing the City’s visual character and promoting economic viability. LOC3 promotes the transformation of El Camino Real into a distinctive and attractive commercial, office, and industrial park area which can provide for the long term economic viability of the community. In addition, LOC13 provides policies and programs aimed at establishing a range of employment and business opportunities to provide a sound economic base and ensure that new development generates sufficient revenue to support public service needs and quality environmental, social, and educational opportunities. LOC14 also encourages land uses that provide jobs and services for residents that fit within the city’s character. The project, as proposed, will provide additional service to surrounding residents and provide increased property taxes once the site has been developed. FINDING: The proposed project or use satisfies all applicable provisions of the Zoning Ordinance FACT: The proposed mini-storage facility can be permitted though the Conditional Use Permit process as identified in the Municipal Code. The proposed structures and site plan are consistent with the applicable provisions of the Atascadero Municipal Code as conditioned. FINDING: 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 52 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton FACT: The proposed mini-storage facility will be located on a double frontage lot between El Camino Real and Viejo Camino adjacent to residential, commercial, and recreational park uses. The site design has been reviewed by all City departments for consistency with code requirements. The project is proposed to have one access point off of Viejo Camino Rd. The project is conditioned to construct frontage improvements along Viejo Camino Rd that will ensure safe traffic patterns in and out of the site in additional to existing park and residential traffic. FINDING: The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development FACT: The proposed project is designed the project to include landscaping along the exterior of the project to provide visual screening of the storage facility. The project includes realignment and restoration of the existing ephemeral creek. FINDING: 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 FACT: The proposed mini-storage facility will be accessed off of Viejo Camino. Mini- storage facilities are very low traffic generating uses and Viejo Camino, with required improvements, will be able to accommodate any increases in traffic resulting from the proposed project. The community meeting space is designed to meet all parking on-site. Frontage improvements are designed to accommodate community traffic. FINDING: The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. FACT: The Design Review Committee has reviewed the proposed project and found the site plan and elevations to be consistent with the criteria in the City’s Design Review Manual. 2. Findings for Exceptions to the Creek Setback FINDING: On-site creeks, riparian areas, and site improvements will not be negatively impacted by a reduced creek setback. FACT: This project includes the realignment and restoration of the existing ephemeral stream. The project will be required to meet all building code standards including soils analysis and compaction. New riparian habitat is included as part of the restoration efforts. Should wetland habitat be determined to exist on-site prior to construction, habitat restoration will be incorporated into the project as conditioned. 53 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton SECTION 4. CEQA. An initial study was prepared for the proposed project at which time mitigation measures were identified to reduce the impacts to a less than significant level. A Draft Mitigated Negative Declaration was posted for public review in accordance with CEQA. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 20, 2021, resolved to approve a Conditional Use Permit to allow for a mini-storage facility (DEV20-0076) subject to the following: 1. EXHIBIT A: Conditions of Approval 2. EXHIBIT B: Mitigation Monitoring Program 3. EXHIBIT C: Project Design Package On motion by Commissioner _____________ and seconded by Commissioner ___________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jeff Van den Eikhof Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 54 EXHIBIT A: Conditions of Approval DEV20-0076 Conditions of Approval Conditional Use Permit Mini Storage Facility 11450 Viejo Camino / 11505 El Camino Real Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 1. This Conditional Use Permit shall be for a mini-storage facility as described in attached Exhibits, located at 11505 El Camino Real and 11450 Viejo Camino (APN 045-342-009, 045-342-010), regardless of owner. Ongoing PS 2. The approval of this use permit shall become final and effective the date of the hearing. Issuance of building permits may not occur prior to the appeal period of fourteen (14) days following the Planning Commission approval. Ongoing PS 3. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit. Ongoing PS, CE 4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months after its effective date. At the end of this time period, the approval shall expire and become null and void unless the project has received a building permit or a time extension. BP PS 5. The owner and applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning this conditional use permit. Ongoing CA Planning Services 6. A public access easement shall be provided over the area of the sewer easement to allow for a pedestrian path. The easement document shall be recorded prior to permit issuance. The easement document shall include provisions of the continued maintenance of the pathway. BP PS 7. The pedestrian pathway shall be constructed to the satisfaction of the City Engineer and shall provide a minimum of 8-feet of pavement width to accommodate maintenance/service vehicle access. Landscaping adjacent to the path shall be designed to enhance safety and visibility. Fencing shall be included between the path and the creek to limit pedestrian access to the riparian zone. Fencing shall be low split rail fencing. Fencing adjacent to the neighboring residential use property shall be privacy fencing unless transparent fencing is agreed to by the adjacent property owner. BP CE 8. The developer shall record the lot merger prior to issuance of any construction or grading permit. BP PS 9. All project signage shall be limited to 40 square-feet per frontage and shall not be illuminated whether internally or externally. BP PS 10. Development perimeter fencing shall be high-quality wrought iron fencing. Landscaping shall be installed at a density to screen the facility and fencing. Should the undeveloped portion of the site be fenced, fencing shall be split rail BP PS 55 style wood fencing. All fencing shall be maintained in perpetuity. 11. Landscaping shall be maintained in perpetuity in a manner that provides screening of the facility from the adjacent neighborhood. Any dead or deficient landscaping shall be replaced immediately, to the satisfaction of the City. BP / Ongoing PS 12. All retaining walls shall be constructed of the stamped ECO block or similar naturalized textured block consistent with EXHIB C sheet A101. BP PS 13. Street trees shall be provided along the El Camino Real and Viejo Camino frontages. El Camino trees shall be planted at 30-feet on center and shall be London Plane Sycamores. Trees along Viejo Camino shall include a variety of species and may be installed in natural groupings, subject to the approval of the City Engineer. BP PS 14. Screening landscaping shall be installed along all property frontages outside of the right-of-way. Landscape shall be designed in such a way to adequately screen any blank walls as viewed from the adjacent roads. 15. All street and on-site trees shall be maintained in perpetuity in a manner that allows the trees to grow to their natural canopy width and height. Ongoing PS 16. All mechanical equipment on site shall be screened, including all ground and roof mounted equipment, air conditioners, transformers, etc. BP / Ongoing PS 17. All utilities on site shall be installed underground. BP PS 18. Any undeveloped portions of the site shall be landscaped with native groundcovers and seed mixes and shall be maintained free of weeds or invasive species. BP / Ongoing PS 19. All mitigation measures identified in the Mitigation Monitoring Program (EXHIBIT B) are considered conditions of approval for this project and shall be adhered to and enforced as project conditions. BP / Ongoing PS Building Services 20. New buildings shall conform to all Building Code requirements including permitting, room sizes, restrooms, exiting, path of travel, etc. Inclusion of the site plan with this Conditional Use Permit does not provide relief from standard Building Codes in place at the time of submittal of building permits. The owner or applicant shall obtain a building permit prior to beginning any demolition or construction work on site. BP BS Public Works 21. A FEMA issued CLOMR must be received by the City Engineer prior to issuance of any Building Permit. BP CE 22. The entry driveway shall be designed to align with Bocina Lane to the greatest extent possible, subject to the satisfaction of the City Engineer. 23. The Developer shall construct new frontage improvements along Viejo Camino consisting of a 6-ft wide integral curb-gutter-sidewalk, and shall widen the road to complete a road section comprised of class 2 bike lanes, one travel lane in each direction, a center turn lane, and on-street parking adjacent to the development site, to the satisfaction of the City Engineer. The new driveway approach shall include an integral 4-ft wide sidewalk per San Luis Obispo County Standard Drawing Nos. B-3, B-3a and B-3c. PI CE 24. The Developer shall complete road striping and signage on Viejo Camino to accommodate left-turns into the subject property in coordination with the PI CE 56 southbound left-turn lanes to the apartment complex entrance and La Paloma Ct., to the satisfaction of the City Engineer. 25. The Developer shall construct new frontage improvements on El Camino Real consisting of a 6-ft wide integral sidewalk-curb-gutter per City Standards and to the satisfaction of the City Engineer. The alignment of the new frontage shall accommodate a 5-ft wide bike lane. The back of sidewalk shall have a shoulder sufficient to support the new sidewalk. The new frontage improvement adjacent to the existing culvert may require the construction of a pedestrian guardrail depending on the grade differential between the back of sidewalk and the adjacent grade within 5-ft. All improvements shall be to the satisfaction of the City Engineer. PI CE 26. This project shall connect to the public sewer main at a location approved by the City Engineer. BP PW 27. Any work within the public sewer easement shall not compromise the existing sewer main and shall not preclude or restrict access to the sewer main by City crews or equipment. Any work within the sewer easement shall be approved by the City Engineer. Ongoing / BP PW 28. Other conditions imposed upon this project shall not compromise the public sewer main or sewer easement and shall be subject to the approval or rejection by the City Engineer. This includes, but is not limited to, creek realignment and reconstruction. Ongoing / BP PW 29. Following completion of site grading and prior to a Final Inspection, the Developer shall obtain a FEMA LOMR (based on fill) for the revised flood zone. BP PW 30. The applicant shall record a mechanism against the property to restrict vehicular access rights along both road frontages except where the proposed driveway is to be located. Modifications may be granted in the future by the City Engineer based on proposed alterations to site use and updated traffic analysis. Fire Department 31. New facilities shall conform to all Fire Code and City Fire Department Policy requirements including, but not limited to, driveway slope and length, fire truck access, location of fire hydrants, and fire sprinklers. BP FD 32. Auto turn software shall be run on the final project design and turning diagrams shall be included as part of the building permit submittal package. BP FD 57 Exhibit B: Mitigation Monitoring Program DEV20-0076 MITIGATION MONITORING PROGRAM Dove Creek Mini-Storage DEV20-0076 MITIGATION MEASURE TIMING Aesthetics AES-1.1 All exterior lights shall be turned off between the hours of 11pm and 6am. Lights may turn on when motion is sensed. All lighting must be dimmable to maintain the low light levels of the surrounding residential and open space areas. Ongoing Air Quality AQ 2-1 Use of water trucks or sprinkler systems, in sufficient quantities to prevent airborne dust from leaving the site and from exceeding the APCD’s limit of 20% opacity for greater than 3minutes in any 60- minute period. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. Please note that during drought conditions, water use may be a concern and the contractor or builder shall consider the use of an APCD-approved dust suppressant where feasible to reduce the amount of water used for dust control. During construction AQ 2-2 All dirt stock pile areas should be sprayed daily as needed. During construction AQ 2-3 Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non-invasive grass seed and watered until vegetation is established. Prior to permit issuance AQ 2-4 All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD. During construction AQ 2-5 All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. During construction AQ 2-6 Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC During construction 58 MITIGATION MEASURE TIMING Section 23114. AQ 2-7 “Track-Out” is defined as sand or soil that adheres to and/or agglomerates on the exterior surfaces of motor vehicles and/or equipment (including tires) that may then fall onto any highway or street as described in California Vehicle Code Section 23113 and California Water Code 13304. To prevent Track Out, designate access points and require all employees, subcontractors, and others to use them. Install and operate a “track-out prevention device” where vehicles enter and exit unpaved roads onto paved streets. The track-out prevention device can be any device or combination of devices that are effective at preventing track out, located at the point of intersection of an unpaved area and a paved road. Rumble strips or steel plate devices require periodic cleaning to be effective. If paved roadways accumulate tracked out soils, the track-out prevention device may need to be modified. During construction AQ 2-8 Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. During construction AQ 2-9 All of these fugitive dust mitigation measures shall be shown on grading and building plans. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD. Prior to permit issuance AQ 2-10 An approved APCD permit or release letter shall be required prior to issuance of building permit. Prior to permit issuance AQ 2-11 Because this project is within 1,000 feet of sensitive receptors, the project applicant shall comply with the following more restrictive requirements to minimize impacts to nearby sensitive receptors. 1. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; 2. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted; 3. Use of alternative fueled equipment is recommended; and 4. Signs that specify no idling areas must be posted and enforced at the site. During Construction Biological Resources 59 MITIGATION MEASURE TIMING BIO 1-1 Pre Construction Surveys for Roosting Bats: Within 30 days prior to removal of existing structures and/or mature trees, a sunset survey shall be conducted by a qualified biologist to determine if bats are roosting on site. If bats are present, a follow-up acoustic monitoring survey shall be completed to determine, if feasible, which species are present. If roosts of special-status bat species are identified and will be impacted during the proposed project, CDFW will be consulted to determine appropriate measures to be implemented. If it is determined that no special-status bats are present, the project shall proceed under the guidance of a qualified biologist, in a manner that minimizes impacts to individual bats and roosts (e.g., conducting work only during the day or installing one-way exclusions prior to work). Prior to permit issuance BIO 1-2 Pre Construction Surveys for Nesting Birds: If work is planned to occur between February 1 and September 15, a qualified biologist shall survey the area for nesting birds within one week prior to activity beginning on site. If nesting birds are located on or near the proposed project site, they shall be avoided until they have successfully fledged or the nest is no longer deemed active. A non-disturbance buffer of 50 feet will be placed around non-listed, passerine species, and a 250- foot buffer will be implemented for raptor species. All activity will remain outside of that buffer until a qualified biologist has determined that the young have fledged or that proposed construction activities would not cause adverse impacts to the nest, adults, eggs, or young. If special-status avian species are identified, no work will begin until an appropriate buffer is determined in consultation CDFW, and/or the USFWS. Prior to permit issuance BIO 2-1 Protection of Hydrologic Resources: Construction within and immediately adjacent to the drainage shall occur only when conditions are dry. For short-term, temporary stabilization, an erosion and sedimentation control plan shall be developed outlining Best Management Practices (BMPs), which shall be implemented to prevent erosion and sedimentation into the channel during construction. Acceptable stabilization methods include the use of weed-free, natural fiber (i.e., nonmonofilament) fiber rolls, jute or coir netting, and/or other industry standards. BMPs shall be installed and maintained for the duration of the construction period. In addition, the following general measures shall be implemented during construction:  The limits of disturbance within the existing drainage feature shall be clearly shown on all sites plans and flagged within the drainages prior to project implementation. All construction personnel shall be directed to avoid Prior to permit issuance/During construction 60 MITIGATION MEASURE TIMING impacts to the areas immediately upstream and downstream of the proposed development including the existing culvert features located at El Camino Real and Viejo Camino.  All equipment and materials shall be stored out of the streambed at the end of each working day, and secondary containment shall be used to prevent leaks and spills of potential contaminants from entering the stream.  During construction, washing of concrete, paint, or equipment and refueling and maintenance of equipment shall occur only in designated areas a minimum of 50 feet from all drainages and aquatic features. Sandbags and/or sorbent pads shall be available to prevent water and/or spilled fuel from entering drainages.  Construction equipment shall be inspected by the operator on a daily basis to ensure that equipment is in good working order and no fuel or lubricant leaks are present. BIO 2-2 Compensatory Mitigation Plan: A compensatory mitigation plan shall be developed to offset permanent impacts to jurisdictional areas. The exact details and performance criteria of the restoration plan shall be determined during agency coordination with CDFW, RWQCB, and the Corps, as necessary. Stabilization and restoration measures may include the installation of BMPs and/or revegetation using native seed mixes and plantings. Prior to project initiation, all applicable agency permits with jurisdiction over the project area (i.e., Corps, CDFW, and RWQCB) should be obtained. Additional mitigation measures required by these agencies would be implemented as necessary. Prior to permit issuance BIO 2-3 Agency Permitting: Prior to issuance of any permits for grading or construction on-site, the applicant shall obtain permits from the following agencies, and any other agencies as necessary:  California Department of Fish and Wildlife  US Army Corps of Engineers  Regional Water Quality Control Board Any mitigation measures required by the above listed permits shall be implemented to their fullest extent. Prior to permit issuance BIO 3-1 Creek Channel Naturalization: The realigned creek shall be constructed in a manner which maintains and enhances natural flows and vegetation. The creek shall interface with the proposed development in a way which maintains appropriate setbacks and Prior to permit issuance/Permit final 61 MITIGATION MEASURE TIMING naturalization. BIO 3-2 Wetland Restoration: Should wetland impacts occur and wetland restoration be required on-site, the wetlands shall be monitored for a period of not less than 5-years. Annual reports from a qualified biologist shall be submitted to the City addressing any irrigation modifications or replanting that may be required to ensure successful naturalization of the restored wetland habitat. A contract with a qualified biologist shall be entered into prior to final of the development permit. Post construction Cultural Resources CUL 1-1 Monitoring shall occur during all site disturbance activities by either a member of the designated tribe or a qualified archeologist. Should any resources be unearthed, construction shall immediately stop and further consultation to determine resolution shall be required prior to resuming any construction activities. A contract with a monitor shall be required prior to issuance of any site disturbance permits. Contract prior to permit issuance, monitoring during construction Water Quality and Hydrology WQH 1-1 The applicant shall obtain all necessary permits form the Regional Water Quality Control Board. Prior to permit issuance WQH 2-1 Prior to issuance of any building permits, a FEMA Conditional Letter Of Map Revision (CLOMR) must be issued and received by the City Engineer. Prior to permit issuance WQH 2-2 The project design and construction shall comply with the CLOMR. Prior to a final inspection or Occupancy release, the developer must apply for and be issued a FEMA Letter Of Map Revision (LOMR) and a copy filed in the Office of the City Engineer. Prior to C of O LUP 1-1 See BIO 3-1 TRC 1-1 See CUL 1-1 62 PROJECT INSPIRATION 11405 & 11505 EL CAMINO REAL 63 COLOR BOARD 11405 & 11505 EL CAMINO REAL Standing seam metal roofing MBCI lockseam series 18” ‘Ash Grey’ Ribbed metal wall panels MBCI PBR series ‘Burnished Slate’ Metal roll-up doors Janus self-storage series ‘Bronze’ Aluminum Storefronts Kawneer anodized finish ‘Medium Bronze’ BUILDING A BUILDING B - BEYOND LINE OF NATURAL GRADE @ PROPERTY LINE 6’ W.I. FENCE PROPERTY LINEPROPERTY LINESecurity Fence Aluminum Tubing / Posts ‘Black’ Split Face CMU Block Air Vol Block - Split Face Color: '04B0467C' Horizontal Corrugated Metal Siding MBCI PBC Series ‘Medium Bronze’ 64 VIEJO CAM INOEL CAMINO REALSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS SS SS SSSSSSSSSSSSBLDG. CBLDG. DBLDG. EBLDG. ABLDG. BWROUGHT IRON FENCEWROUGHT IRON FENCEWROUGHT IRON FENCESEED MIXSEED MIXSEED MIXALL STREET TREES TOBE LONDON PLANESYCAMORE, TYP.LPSLPSLPSLPSLPSLPSLPSLPSLPSLPSLPSLPSALL STREET TREES TOBE LONDON PLANESYCAMORE, TYP.A R C H l T E C T SDRAWING NO.REVPROJECT NO.DATEDRAWN BYCHECKED BYREVDATENOTESDRAWING TITLESELF STORAGE / ASSEMBLY SPACE11505 EL CAMINO REALATASCADERO, CAAPN: 045-342-010THIS WORK WAS PREPARED BY ME ORUNDER MY SUPERVISION ANDCONSTRUCTION OF THIS PROJECT WILLBE UNDER MY OBSERVATION.© 2020 LSA Architects, LLCThe designs and concepts shown are the sole property of LSAArchitects. The drawings may not be used except with the writtenconsent of LSA Architects, LLCOWNERNEWTON, SCOTT, NEWTON, JILL215 SANA FE AVE.PISMO BEACH, CA 93449LSA ArchitectsPOB 3057Pismo Beach, CA 93449808-895-2682Loch@ LSAArchitects.comSEALAPR. 2, 2021STATE OF CALI FOR NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/23 MFPLBSL100LANDSCAPE PLANA0'15'30' 60'1" = 30' - 0"SCALE:PROJECT DATAVICINITY MAPNTSPROJECT NORTH TRUE NORTH LANDSCAPE PLANSite CoverageSq. Ft.%Building Footprints47,25035.0%Paving / Concrete34,82225.8%Landscape30,06122.2%Building AreaSq. Ft.Building A5,410Building B (2 Story)28,980Building C12,100Building D11,750Building E3,500Total Building Area61,740Building A Business Area:1553 S.F. / 400 = 4 SPACESBuilding A Parking Calculations416Building A Assembly Area:16 Spaces X 40 S.F. = 640S.F. / 7 Occ. / S.F. (IBCTable 1004.1.1) = 91 MaxOccupantsProvided Spaces:2018,809Waterway / native plantingArea outside of project scopeWalking path4,176135,118Total project site area100%13.9%3.1%53,932TREESHRUBSEED MIXPERENNIAL HERB / GRASS65 11405 & 11505 EL CAMINO REAL ATASCADERO, CA APN: 045-342-009 & 010 THIS WORK WAS PREPARED BY ME OR UNDER MY SUPERVISION AND CONSTRUCTION OF THIS PROJECT WILL BE UNDER MY OBSERVATION. © 2019 LSA Architects, LLC The designs and concepts shown are the sole property of LSA Architects. The drawings may not be used except with the written consent of LSA Architects, LLC NEWTON, SCOTT, NEWTON, JILL 215 SANA FE AVE. PISMO BEACH, CA 93449 SEAL STREET VIEWS A1020'5'10'20'1" = 10' - 0"SCALE: NTS PROJECT NORTH TRUE NORTH B U I L DIN G C O L O R BOARD S LSA Architects POB 3057 Pismo Beach, CA 93449 808-895-2682 Loch@ LSAArchitects.com SELF STORAGE / SHARED WORK SPACE BUILDING A BUILDING B - BEYOND BUILDING C BEYOND BUILDING D BEYOND BUILDING B BEYOND BUILDING D BEYOND BUILDING C BEYOND BUILDING B BEYOND BUILDING A BEYOND PROPERTY LINEPROPERTY LINELINE OF NATURAL GRADE @ PROPERTY LINE 6’ W.I. FENCE 6’ W.I. FENCE 6’ W.I. FENCE STREET TREES, SEE SITE PLAN STREET TREES, SEE SITE PLAN EL CAMINO VIEJO CAMINO PROFILE OF VIEJO CAMINO PROFILE OF EL CAMINO REAL BOTTOM OF BASIN, SEE GRADING PLAN BUILDING A WALKING PATH OPEN WATER CHANNEL 1/16” = 1’-0”SCALE: EL CAMINO REAL ELEVATION 1/16” = 1’-0”SCALE: NORTH PROP LINE ELEVATION 1/16” = 1’-0”SCALE: VIEJO CAMINO ELEVATIONPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINE6’ W.I. FENCE STANDING SEAM METAL ROOF, TYP. BUILDING D BUILDING B - BEYOND 1/16” = 1’-0”SCALE: SOUTH PROP LINE ELEVATION BUILDING E PROFILE OF WALKING TRAIL ELEVATION BOTTOM OF BASIN / WATER WAY APR. 2, 2021STA T E OF C A L IF O RNIALICEN SE D ARCHIT E C TLOCHSODERQUIST No. C36061 EXP. 02/28/23 66 VIEJO CAM INOEL CAMINO REALD SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS SS SS SSSSSSSSBLDG. CBLDG. DBLDG. E 210' 250' 250'5'60'4'-6"28'60'28'60'28'50'9'-7"41'55'112'BLDG. A11'-0"6'-0"HIDDEN LINE = FIREACCESS ROAD 20'MIN. WIDTH AND 28'MIN. INSIDE TURNINGRADIUS, TYP.AAAABBBBBLDG. B15' SEWEREASMNT.15'SEWEREASMNTLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL25'-0"11'-6"140 ' -0 "24'-8"24'-10"13'-0"7'24'-0"7'5'26'-8"15'-0" 5'30'-8"7'63'9'45'-6"1 HOURFIRE WALLSTAMPED ECO BLOCK SITE WALLSCREEK BED WITH NATIVE LANDSCAPETYPICAL 6'-0" HIGH WROUGHTIRON FENCE WITH LANDSCAPE BELTREGIONAL DESIGNBUILDING A - ASSEMBLY ROOM/SELF STORAGE OFFICEINCREASED PARKINGWALKING TRAIL AROUND SITEAREA OUTSIDE OF PROJECT SCOPEPROPERTY LINE PROPERTY LINE FENCEBUILDING EBUILDING B908.33' FFE898.33' FFE925.50'FENCEACCESSDRIVEACCESSDRIVEEL CAMINO REALVIEJO CAMINOENGINEERED FILLLINE OF NATURAL GRADE890.00'895.00'900.00'905.00'910.00'SITE SECTION BBBUILDING BBUILDING CBUILDING D908.7' FS908.33' FFE898.33' FFE898.33' FFE 897.83' FFE897.83' FFEACCESSDRIVEACCESSDRIVEACCESSDRIVEPARKING LOTPROPERTY LINE PROPERTY LINEFENCE890.0' SWALELINE OF NATURALGRADE890.00'895.00'900.00'905.00'910.00'925.50'915.00'914.00'LINE OF NATURALGRADEPROP. LINEFENCE / RET.WALLENGINEEREDFILLENGINEEREDFILLSITE SECTION AAA R C H l T E C T S DRAWING NO.REVPROJECT NO.DATEDRAWN BYCHECKED BYREV DATENOTESDRAWING TITLESELF STORAGE / ASSEMBLY SPACE11505 EL CAMINO REALATASCADERO, CAAPN: 045-342-010THIS WORK WAS PREPARED BY ME ORUNDER MY SUPERVISION ANDCONSTRUCTION OF THIS PROJECT WILLBE UNDER MY OBSERVATION.© 2021 LSA Architects, LLCThe designs and concepts shown are the sole property of LSAArchitects. The drawings may not be used except with the writtenconsent of LSA Architects, LLCOWNERNEWTON, SCOTT, NEWTON, JILL215 SANA FE AVE.PISMO BEACH, CA 93449LSA ArchitectsPOB 3057Pismo Beach, CA 93449808-895-2682Loch@ LSAArchitects.comSEALS TATE OF CALI FOR NIA LIC E NS ED ARCHITECTAPRIL 2, 2021LOCHSODERQUISTNo. C36061EXP. 02/28/23SITE PLANMFPLBSA101SITE PLANA0'15'30' 60'1" = 30' - 0"SCALE:PROJECT DATA#1. DRIVEWAY APRON PER CITY OF ATASCADEROSTANDARDS AND SPECIFICATIONS2. CURB / GUTTER / SIDEWALK AND BIKE LANE PERCITY OF ATASCADERO STANDARDS ANDSPECIFICATIONS3. MID-BLOCK PEDESTRIAN CONNECTION WITHINSEWER EASEMENT4. CMU RETAINING WALL5. STAMPED ECO BLOCK SITE WALL6. 6' HIGH WROUGHT IRON FENCE7. (E) CONC. SPILLWAY8. LANDSCAPE PLANTING AREA9. 9' X 18' PARKING SPACE, TYP.10. 6" CONC. CURB11. PROPOSED WATERWAY PILOT FLOW12. WALL MOUNT EXTERIOR LED DOWNLIGHT13. POLE MOUNT DOUBLE PARKING LOT LIGHTLOT NO. 5 / 62.35 ACRESZONINGP: PUBLIC FACILITIESADDRESS045-342-0010LANDUSEP: PUBLIC FACILITIESAPN11505 EL CAMINO REALATASCADERO, CA 93422LOT NO. 71.89 ACRESADDRESS045-342-0009APN11405 EL CAMINO REALATASCADERO, CA 93422SETBACKSREARFRONTSIDEHEIGHT LIMIT10 FT35 FT10 FTNONE *GENERAL ZONING ANALYSISSITE DATAVICINITY MAPNTSSITE PLAN KEYNOTESPROJECT NORTH TRUE NORTH 1223456563788888888888888896610101010101010688111" = 30' - 0"1" = 30' - 0"1212121212TYP.TYP.TYP.TYP.TYP.12TYP.131312TYP.Site CoverageSq. Ft.%Building Footprints47,25035.0%Paving / Concrete34,82225.8%Landscape30,06122.2%Building AreaSq. Ft.Building A5,410Building B (2 Story)28,980Building C12,100Building D11,750Building E3,500Total Building Area61,740Building A Business Area:1553 S.F. / 400 = 4 SPACESBuilding A Parking Calculations416Building A Assembly Area:16 Spaces X 40 S.F. = 640S.F. / 7 Occ. / S.F. (IBCTable 1004.1.1) = 91 MaxOccupantsProvided Spaces:2018,809Waterway / native plantingArea outside of project scopeWalking path4,176135,118Total project site area100%13.9%3.1%53,93267 47247 DISPLAYAREADISPLAYAREAAPR. 2, 2021STATE OF CALI FOR NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/2391 MAX OCCUPANTSSTORAGESTORAGE68 APR. 2, 2021STATE OF CALI FOR NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/2369 APR. 2, 2021STATE OF CALI FOR NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/2370 APR. 2, 2021STATE OF CALI FOR NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/2371 APR. 2, 2021STATE OF CALI FOR NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/2372 APR. 2, 2021STATE OF CALI FOR NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/2373 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton DRAFT RESOLUTION B RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO DENYING A CONDITIONAL USE PERMIT TO ESTABLISH A MINI-STORAGE FACILITY, AND ASSOCAITED LOT MERGER, LOCATED AT 11405 VIEJO CAMINO AND 11505 EL CAMINO REAL DOVE CREEK MINI-STORAGE NEWTON (DEV20-0076) WHEREAS, an application has been received from Scott Newton (215 Santa Fe, Pismo Beach, California 93449), Owner and Applicant, to consider Planning Application DEV18-0103, for a Conditional Use Permit and Lot Merger for a mini-storage use on a 2.4-acre site located at 11405 Viejo Camino and 11505 El Camino Real, Atascadero, CA 93422 (APNs 045-342-009 and 045-342-010); and WHEREAS, the site’s current General Plan Land Use Designation is Public Facilities (PUB); and WHEREAS, the site’s current Zoning District is Public (P); and WHEREAS, mini-storage is a conditionally allowed use in the Public (P) zoning district; and WHEREAS, the project was reviewed by the Design Review Committee at their regularly scheduled meetings on June 24, 2020 and November 18, 2020; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, the Planning Commission of the City of Atascadero has recommended approval of the use permit ; and NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of Atascadero: SECTION 1. Recitals: The above recitals are true and correct. 74 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton SECTION 2. Public Hearing. The Planning Commission held a duly noticed public hearing to consider the project on April 20, 2021 and considered testimony and reports from staff, the applicants, and the public. SECTION 3. Findings. The Planning Commission makes the following findings and determinations with respect to the Conditional Use Permit: 1. Findings for Denial of a Conditional Use Permit A. FINDING: The proposed project or use is inconsistent with the General Plan. FACT: The project is inconsistent with Land Use, Open Space and Circulation (LOC) Policies and Programs: 8.1 for protection of watershed areas 8.2 for maintenance of a creek setback In addition, the land use is inconsistent with the General Plan definition of the Public Facilities (PUB) designation. B. FINDING: The proposed project or use does not satisfy all applicable provisions of the Zoning Code (Title 9 – Planning and Zoning). FACT: C. FINDING: The establishment, and subsequent operation or conduct of the use will, 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. FACT: The establishment of a mini-storage facility will negatively alter the character of the area, which is dominated by residential and parkland uses. In addition, the realignment of the creek will alter the potential future use of the adjacent property due to setback requirements. D. FINDING: The proposed project or use will be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. FACT: The proposed mini-storage use is surrounded primarily by residential, parkland, child-care facilities, churches, and a seasonal creek. An 56,000 square foot mini-storage facility is incompatible with the surrounding neighborhood and is a departure from the established land use pattern. E. FINDING: The proposed use or project will generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be 75 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton 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. FACT: F. FINDING: The proposed project is not in compliance with pertinent City policy or criteria adopted by ordinance or resolution of the City Council. FACT: The project is inconsistent with goals and policies identified in the land use element to protect creekways such as Policy 8.1 and 8.2. G. FINDING: Additional findings. FACT: On-site creeks, riparian areas, and site improvements will be negatively impacted by a reduced creek setback. SECTION 4. CEQA. An initial study was prepared for the proposed project at which time mitigation measures were identified to reduce the impacts to a less than significant level. A Draft Mitigated Negative Declaration was posted or public review in accordance with CEQA. SECTION 5. Denial. The Planning Commission of the City of Atascadero, in a regular session assembled on April 20, 2021, resolved to deny a Conditional Use Permit for a mini- storage facility. 76 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton On motion by Commissioner _____________ and seconded by Commissioner ___________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jeff Van den Eikhof Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 77 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton Attachment 3 CEQA Comment Letters See following 78 T 805.781.5912 F 805.781.1002 W slocleanair.org 3433 Roberto Court, San Luis Obispo, CA 93401 Via Email April 8, 2021 Kelly Gleason City of Atascadero 6907 El Camino Real Atascadero, CA 93422 kgleason@atascadero.org SUBJECT: APCD Comments Regarding the Mini Storage Project (2021-0001) Dear Ms. Gleason: Thank you for including the San Luis Obispo County Air Pollution Control District (APCD) in the environmental review process. We have completed our review of the proposed project located at 11450 Viejo Camino & 11505 El Camino Real in Atascadero. The proposed project includes a 56,330 square foot mini-storage facility on a 4.2-acre site, which would include indoor storage units, a community space, caretaker’s residence, workshop, and associated improvements totaling 5 buildings. Paved drive aisles and eighteen 18 parking spaces would be included. The existing non-conforming residence will be demolished. The following comments are formatted into 2 sections. The (1) General Comment section states information pertinent to the applicant, lead agency, and/or public. The (2) Air Quality section may state mitigation measures and/or rules and requirements in whichthe APCD recommends be set as conditions of approval for the project. The applicant or agent should contact the APCD Engineering & Compliance Division about permitting requirements stated in the (1) General Comment section. The lead agency may contact the APCD Planning Division for questions and comments related to proposed conditions of approval in the (2) Air Quality section. Both Divisions can be reached at 805-781-5912. Please Note: The APCD recently updated the Land Use and CEQA Webpage on the slocleanair.org website. The information on the webpage displays the most up-to-date guidance from the SLO County APCD, including the 2021 Interim CEQA Greenhouse Gas Guidance, Quick Guide for Construction Mitigation Measures and Quick Guide for Operational Mitigation Measures. 79 APCD Comments Regarding the Mini Storage Project April 8, 2021 Page 2 of 4 (1) General Comment Construction Permit Requirements Based on the information provided, we are unsure of the types of equipment that may be present during the project’s construction phase. Portable equipment, 50 horsepower (hp) or greater, used during construction activities may require a California statewide portable equipment registration (issued by the California Air Resources Board) or an APCD permit. The following list is provided as a guide to equipment and operations that may have permitting requirements but should not be viewed as exclusive: • Portable generators and equipment with engines that are 50 hp or greater; • Electrical generation plants or the use of standby generators; and • Internal combustion engines. For a more detailed listing, refer to the Technical Appendices, page 4-4, in the APCD's CEQA Air Quality Handbook (April 2012). Operational Permit Requirements Based on the information provided, we are unsure of the types of equipment that may be present at the site. Operational sources may require APCD permits. The following list is provided as a guide to equipment and operations that may have permitting requirements but should not be viewed as exclusive: • Portable generators and equipment with engines that are 50 hp or greater; • Furniture and fixture products; and • Small scale manufacturing . For a more detailed listing, refer to the Technical Appendix, page 4-4, in the APCD's CEQA Air Quality Handbook (April 2012). Most facilities applying for an Authority to Construct or Permit to Operate with stationary diesel engines greater than 50 hp, should be prioritized or screened for facility wide health risk impacts. A diesel engine-only facility limited to 20 non-emergency operating hours per year or has demonstrated to have overall diesel particulate emissions less than or equal to 2 lb/yr does not need to do additional health risk assessment. (2) AIR QUALITY Construction Phase Impacts - Below Threshold The mitigated negative declaration evaluated the construction impacts of this project using Table 1-1 in the APCD’s CEQA Air Quality Handbook (April 2012). The results indicate that the construction phase impacts will likely be less than the APCD’s significance threshold values identified in Table 2 -1. The mitigated negative declaration stated nine construction mitigation measures in Section 3 – Air Quality. These measures include some of the APCD’s language for expanded dust control measures (AQ 2.1 – AQ 2.9). The APCD recently updated this and other construction phase mitigation measures and created a Quick Guide for Construction Mitigation Measures. Please review the Quick Guide and update AQ 2.1 – AQ 2.9 with the most up to date “Fugitive Dust Mitigation Measures: Expanded List” language. In addition to the above stated measures, the APCD is 80 APCD Comments Regarding the Mini Storage Project April 8, 2021 Page 3 of 4 requiring other special conditions for the construction phase to be included in the conditions of approval for the project shown below. Limits of Idling during Construction Phase State law prohibits idling diesel engines for more than 5 minutes. All projects with diesel-powered construction activity shall comply with Section 2485 of Title 13 of the California Code of Regulations and the 5-minute idling restriction identified in Section 2449(d)(2) of the California Air Resources Board’s In-Use Off-Road Diesel regulation to minimize toxic air pollution impacts from idling diesel engines. The specific requirements and exceptions for the on-road and off-road regulations can be reviewed at the following web sites: arb.ca.gov/sites/default/files/classic/msprog/truck-idling and arb.ca.gov/regact/2007/ordiesl07/frooal.pdf. In addition, because this project is within 1,000 feet of sensitive receptors, the project applica nt shall comply with the following more restrictive requirements to minimize impacts to nearby sensitive receptors. 1. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; 2. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted; 3. Use of alternative fueled equipment is recommended; and 4. Signs that specify no idling areas must be posted and enforced at the site. Proper Abatement of Asbestos-Containing Material (ACM) Demolition activities can have potential negative air quality impacts, including issues surrounding proper handling, abatement, and disposal of asbestos-containing material (ACM). ACM could be encountered during the demolition or remodeling of existing structures. If this project will include any of these activities, then it may be subject to various regulatory jurisdictions, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M - asbestos NESHAP). NESHAP requirements include but are not limited to: 1. Written notification to the APCD, within at least 10 business days of activities commencing. 2. Asbestos survey report conducted by a Certified Asbestos Consultant. 3. Written work plan addressing asbestos handling procedures in order to prevent visible emissions. Go to slocleanair.org/rules-regulations/asbestos.php for further information. Proper Abatement of Lead-Based Coated Structures Demolition, remodeling, sandblasting, or removal with a heat gun can result in the release of lead- containing particles from the site. Proper abatement of lead-based paint must be performed to prevent the release of lead particles from the site. An APCD permit is required for sandblasting operations. For additional information regarding lead abatement, contact the San Luis Obispo County Environmental Health Department at 805-781-5544 or Cal-OSHA at 818-901-5403. Additional information can also be found online at epa.gov/lead. 81 APCD Comments Regarding the Mini Storage Project April 8, 2021 Page 4 of 4 Operational Phase Impacts - Below Threshold Based on the mitigated negative declaration operational phase emission estimates using Table 1 -1 in the APCD’s CEQA Air Quality Handbook (April 2012), the operational phase would likely be less than the APCD’s significance threshold values identified in Table 3-2 of the CEQA Air Quality Handbook (April 2012). Therefore, with the exception of the condition of approval below, the APCD is not requiring other operational phase mitigation measures for this project. Residential Wood Combustion Residential wood burning devices such as wood or pellet stoves or inserts installed in new dwelling units after May 15, 2020 shall have particulate matter emission rates not exceeding 2.0 g/hr and must be certified by the U.S. Environmental Protection Agency (EPA) “Step 2” New Source Performance Standard. The list of EPA certified wood stoves and inserts can be found at epa.gov/compliance/epa-certified-wood-heater-database. Additionally, residential wood burning devices such as fireplaces must comply with APCD Rule 504 to be eligible for installation in new dwelling units. The APCD encourages the use of lower emission heating alternatives that can be used in place of wood burning devices. Again, thank you for the opportunity to comment on this proposal. If you have any questions or comments, feel free to contact me at (805) 781-5912. Sincerely, JACKIE MANSOOR Air Quality Specialist JNM/jjh cc: Scott Newton, Applicant Dora Drexler, APCD Tim Fuhs, APCD Carissa Reynolds, APCD 82 83 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton Attachment 4 Public Comment Letters See following 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero Atascadero Planning Commission Staff Report - Community Development Department Title 9 Planning and Zoning Text Amendments ZCH21-0004 (City of Atascadero) SUBJECT: This action consists of proposed Zoning Ordinance Text Amendments to Title 9, Zoning Regulations of the City of Atascadero, to further align the code with the General Plan, correct inconsistencies, and allow for process streamlining. RECOMMENDATION: Staff recommends that the Planning Commission adopt the Draft Resolution recommending the City Council introduce an ordinance for first reading, by title only, to approve amendments to Title 9 of the Atascadero Municipal Code, based on findings. DISCUSSION: Background: An annual review and update to the City’s zoning regulations is necessary in order to continue to keep pace with changing State laws and to refine the City’s policies for General Plan consistency and permit streamlining. In 2020, the State passed a number of new laws that affect portions of the City’s Zoning Ordinance including a series of policies designed to streamline housing production. In addition, the City adopted its 2021- 2028 Housing Element that identified implementation programs requiring a number of updates to the City’s code. Continued “clean-up” is also needed to ensure clarity and consistency. Due to the large volume and scope of the text amendments that need to be completed over the next two years to comply with changing state laws, staff brought a draft list of amendments for preliminary review and prioritization to the City Council. This list of contemplated zoning amendments was presented to the City Council at a regular hearing on February 23, 2021. The City Council provided recommendations and direction for staff to bring the prioritized amendments to Planning Commission for review and recommendation, prior to returning to the City Council for final adoption. The following 127 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero analysis summarizes the recommended zoning amendments for 2021. Additional zoning amendments will be brought forward at a later date to accommodate such items as Accessory Dwelling Units, Density Bonus Laws, objective design standards and other items that were identified in the adopted Housing Element. Analysis: Housing Element Programs The adopted 2021-2028 Housing Element included a number of programs aimed at updating the Municipal Code for consistency with State laws and reducing barriers to housing development. The following amendments are the first round of code updates related to Housing Element implementation. 1. Agricultural uses in residential zones (AMC 9-3.500, AMC 9-6.106, AMC 9-3.230 AMC 9-6.105) The Housing Element update added a program to revise the definition of agricultural uses in residential zoning districts. The Employee Housing Act requires “by-right” housing for farmworker and employee housing in zoning districts where agricultural uses a re allowed. Currently, agricultural uses are allowed on residential properties in Atascadero, including hobby uses, small vineyards, and farm animal raising. The intent of existing City code is to allow smaller-scale hobby agricultural uses that are compatible with, and accessory to, a rural residential neighborhood. Hobby agricultural uses are integral to Atascadero’s rural character, however, residential properties were never intended to serve as commercial agricultural properties and cannot support agricultural employees given our City’s circulation system, lack of wastewater infrastructure, and significant wildfire risk. Due to the Employee Housing Act, Atascadero needs to refine the definitions for residential accessory uses and commercial agricultural uses to maintain opportunities for small-scale hobby agriculture while prohibiting larger-scale commercial activities. Staff is proposing to amend multiple sections relating to agricultural uses to include hobby scale agriculture as an accessory activity while removing larger agricultural activities as stand- alone uses from the residential use table. Amendments will clarify incidental hobby or personal use activities to comply with State law. This amendment will help exclude the City from mandated Ag ho using wherever accessory residential scale agricultural uses may occur. It is important to note that these amendments will not exclude small home occupations, incidental farm animal raising, and other ag related activities that are typically associated with rural Atascadero.  Specifically, this amendment will revise the following related to agricultural uses in residential zones: o Remove the following land uses from the list of allowed uses in residential zones (AMC 9-3.230):  “Agricultural Accessory Uses”, 128 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero  “Agricultural Produce Stands”,  “Farm Animal Raising”  “Horticultural Specialties”,  “Large Scale Ag Manufacturing”; and  “Livestock Specialties”. o Add hobby agricultural activities to the definitions of Agricultural Accessory Uses (AMC 9-3.500). o Add agricultural accessory uses and horticultural specialties as an allowable use for home occupations and clarify the section governing roadside stands. (AMC 9-6.105) o Add language to clarify the allowance of hoop structures/ greenhouses. This limits these structures to two per property without Design Review Committee approval to ensure that residential character is maintained. (AMC 9-6.106) o Add parameters for agricultural accessory uses such as hobby crop production and processing, produce stands and farm animal raising.  Under the proposed code update, incidental crop production and small-scale processing would be permitted subordinate to the residential use of the property. Agriculture intended for commercial use must also comply with Home Occupation standards as listed in AMC 9-6.105.  Produce stands must comply with the standards of AMC 9-6.117. An administrative use permit is required for produce stands in the Limited Single-Family (LSF) and Residential Multi-Family (RMF) zoning districts.  Farm Animal Raising must comply with AMC 9-6,112. An administrative use permit is required for Farm Animal Raising in the RMF zoning district.(AMC 9-6.106) o Make clarifications regarding farm animal raising and eliminate provisions for large-scale animal farms in residential zones. o Add allowance for the grazing of animals when an individual property adheres to the density regulations of this section. 2. Height limits in the Residential Multi-Family (RMF) zones (AMC 9-4.113) Atascadero Municipal Code 9-4.113 limits height in the multi-family (RMF) zones to a maximum of 30 feet. However, the code also limits the construction to two stories. The Housing Element identified this as an impediment to housing production. The City Council was open to eliminating the existing two-story limit and increasing the maximum to height to at least 35 feet. The suggested amendment increases the allowed height to 35 feet while eliminating the two-story maximum to allow for design flexibility. This would allow for three story residential buildings so long as they adhere to the 35-foot height limit. With the increase in overall height, the code amendment suggests an additional five-foot setback for all portions of the building exceeding 25 feet, up to 35 feet, as depicted below: 129 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero This added setback requirement above the second story will increase architectural interest and ensure compatibility with surrounding properties. The proposed amendments also allows for increased height for architectural features to encourage high quality design and architectural form. The proposed code amendment increases the maximum height in the Residential Multi-Family zone to 35 ft. and includes an exception to exceed the 35 foot height limit up to 40 feet with the approval of an Administrative Use Permit (AUP) to allow for architectural interest and quality. The following findings would be required to approve an AUP for a height exception: 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. An extended height could allow for varied roof pitches, parking below units, lofts, and other land saving creative designs on properties that are designated for medium and high - density apartments, condominiums, and planned developments. 3. Residential Density in Commercial zones (AMC9-3.331) Density for residential development in commercial zones is established in the General Plan Housing Element as 24 units/acre. However, this density number was never published into the Zoning Code, causing confusion for staff and developers. Instead, staff has been relying on the General Plan policies to administer zoning density for Commercial projects. This amendment would simply update the Municipal Code to clarify the densit y standards for residential units that are built above or alongside commercial development in the Commercial Retail Zoning District. This amendment would not change what is already allowed, it would simply place the density standards in the Zoning Code, wh ere it would be part of the Municipal Code and the Zoning Code Handbook in new code section 9-3.331. Modifications to Development Standards/Permit Streamlining 130 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero 4. Detached accessory structure exceptions Detached accessory structures that are more than 50% of the size of the primary residence on a property currently require Conditional Use Permit approval by the Planning Commission. With the smaller size of some homes coupled with larger residential properties, this can create varied size requirements for a ccessory structures from parcel to parcel and can create a longer and more costly process for applicants. Very few, if any of these requests are denied by the Commission and very few applications generate significant neighborhood interest. The current size limitations are intended to ensure compatibility with adjacent residential properties. Staff is instead proposing a set of pre- qualifying design standards for oversized accessory structures to ensure neighborhood compatibility while reducing the scope of the use permit requirement for most accessory structures. The proposed amendment would increase the size limit of a detached un-habitable accessory structure (such as a barn, workshop, shed, or storage building) to 100% of the size of the primary residence with a maximum size cap of 3,000 square-feet. When a detached accessory structure is between 51% and 100% of the size of the primary structure, it will be exempt from discretionary review if it complies with height, setback, and lot coverage standards, while also meeting a set of design qualifiers. An Administrative Use Permit (Director’s Hearing) would still be required for structures that exceed this size threshold or seek exceptions to the listed design parameters. Proposed design parameters include:  Accessory structure shall not be located between the primary structure and the public roadway  Accessory structure shall be compatible with the pattern of development in the neighborhood (there are similar structures on adjacent properties, and properties are of a size, nature and topography so as to not create a significant aesthetic impact)  Accessory structure is compatible or complementary with the architectural style of the primary structure.  The floor area of the accessory structure is equal to or lesser than the floor area of the primary structure  The accessory structure is located on a conforming lot.  The accessory structure can be built to avoid substantial grading and the removal of significant native trees  The accessory structure does not block sunlight for adjacent properties, alter site distance for roads or driveways, nor substantially alter the visual quality of the property. The amendment also clarifies how overhangs and covered porches are considered toward the overall square footage. Overhangs / covered porches projecting away from the building ten feet or more would be counted toward the total floor area of the structure while lesser projections would be considered design features. 131 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero 5. Scrap and Junk Accessory Use (AMC 9-6.103) Currently, the outdoor storage of scrap and junk on a residential property is limited to a maximum area of two hundred (200) square feet unless entirely enclosed by a 6 -foot fence. Enclosed storage has no limitations. The lack of a limit to outdoor storage that is behind a fence potentially creates a significant loophole for residential properties that may choose to harbor a substantial amount of storage. Additionally, large quantities of storage can lead to substantial fire risk, an increase in pest s such as rodents, and a substantial impact to the value and aesthetic quality of surrounding properties. The last Zoning Code update addressed storage in commercial zones by limiting outdoor accessory storage to 10% of the size of the principal building. However, that amendment did not address the topic on residential properties. The code amendment proposes to modify the maximum area of outdoor storage of scrap and junk on residential properties to 1,000 square feet when completely screened from neighboring properties or from the public right-of-way. The 200 square foot unscreened limitation would remain. It is also important to note that the Municipal Code currently limits the number of inoperative vehicles stored outside on a residential property to one. This standard would remain. This amendment will add a tool to allow enforcement of substantial outdoor storage yards in residential neighborhoods when there are complaints. What qualifies is scrap and junk? After all, one’s junk may be another’s treasure. Items such as, but not limited to, scrap lumber and building materials, vehicle parts, used appliances, used furniture, or any other similar items. 6. Fence/ wall height standards (AMC 9-4.112, AMC 9-4.128) Fencing and retaining wall height is currently measured from the finished grade of the uphill portion of a site or lot. This creates a scenario wher e grade changes between parcels or within a site may result in fencing and retaining walls that can be excessive in height to the downhill site as there are currently no height limitations for retaining walls. In most cases, wall and fence height combinations on or near a property line that exceed 8-feet in height can have detrimental impacts on downhill properties such as loss of sunlight and impacts to views. This amendment clarifies how the measurement of height is calculated when there is a difference of grade and when a fence or wall is located on top of a retaining wall. The amendment proposes that the height of the retaining wall be counted toward the over all height. This also applies to fences located on berms or mounds. The berm or mound will also be calculated toward the overall height. Specifically, this amendment would add a limit to the height of retaining walls/and or fences combined with retaining walls at 8-feet maximum unless the retaining wall is terraced, separated by 5 feet of horizontal space or greater. Additional height would be 132 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero allowed through terracing of the wall(s). Additional height could also be requested through the AUP process (Director’s Hearing) where terracing is not achievable. 7. Covered Parking for Multi-family residential (AMC 9-3.262 ) The zoning code currently requires at least one covered parking space for each multi - family unit within a multi-family district. Typical parking ratio is one space for a one - bedroom unit, two spaces for a two bedroom and 2.5 for a 3 bedroom, with guest parking for projects the provide 5 or more units. Therefore, every new multi-family project must supply approximately half of their parking as covered parking. In many cases, this has resulted in poorly designed carports and substantial additional development costs. Staff would like to offer the flexibility to provide an option to developers to not have covered parking based on the design needs of the project. This amendment removes the covered parking requirement from the code and allows it be used as a design feature, if desired, when it can be logically integrated into a project. 8. Mortuary Services (AMC 9-3.330) The Mortuary Services land use is currently allowed in the Commercial Retail (CR) and Commercial Services (CS) zoning districts. Mortuary services may not be appropriate in all Commercial Retail areas. Making it a conditionally allowed use in the CR zone wou ld give the City more discretion as to where these uses can locate and how they operate to minimize negative impacts on surrounding areas. Due to the nature of these operations, it may also be appropriate to add it as an allowed use in the City’s industria l zoning districts: Industrial (I) and Industrial Park (IP). This amendment changes mortuary services, including those with crematories from an allowed use in the Commercial Retail zone to a conditionally allowed use and adds them 133 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero to the industrial zone, thereby modifying where these facilities can be established in the future. 9. Gate setbacks and height limits in single-family residential zones (AMC 9-4.128) The Municipal Code (9-4.128) limits gateposts and “other super structures” over site entrances and exits (driveways) to up to 12 feet tall. However, this does not specifically address residential driveway gate height. There are also no specific setbacks for gates from the road right-of-way, which is needed to address traffic safety. Due to safety concerns and visibility, it is recommended that residential gates not be located closer than 20 feet to the City’s right-of-way. This allows cars to pull into the driveway to be off the road while waiting for the gate to open. This amendment permits gates in single-family zoning districts for private driveways, adds a 12 foot height limit to gates to differentiate a gate from a fence, requires gates to comply with emergency access standards and restricts gates from opening out toward the street. This clarification helps to streamline the review of gates at driveways and paths while clarifying access and location requirements. Minor Cleanup of Inconsistencies 10. DRC action expiration The Design Review Committee (DRC) process was intended to happen concurrently for projects requiring a building permit but not requiring discretionary approval. However, staff is seeing an increasing desire by applicants to seek DRC direction prior to construction permit submittal and preparation of full construction plans. The Municipal Code does not have a clear expiration of action taken by the Design Review Committee for projects that have not yet submitted a building permit application. Specifying an expiration deadline would eliminate the possibility of an applicant assuming indefinite approval for a use that may become non-conforming after the DRC action. This amendment limits the DRC’s approval/endorsement to a period of 12-months. The approval will become null and void after 12-months unless the applicant has applied for a building permit and the building permit has not expired, the project has been completed, or an extension to the DRC approval has been granted. The amended code would allow the applicant to apply for two six-month extensions that can be approved by the Community Development Director. Additional extensions would be required to be approved by the DRC. An extension would need to be requested in writing on or before the date of expiration of the approval/endorsement. The following findings would need to be made in order to approve an extension: 1. There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval/end orsement of the project; and 134 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero 2. There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project. 11. Corner lot clarification (AMC 9-4.107) The definition of a corner lot currently states that the narrowest frontage facing a street is the front and the longest frontage facing the street is the side for corner lots regardless of where the front door is located or the neighborhood layout. This setback definition determines what setbacks are applied along each frontage. to the proposed amendment would allow applicants to select their front yard regardless of width or length to allow for flexibility in property layout and responsiveness to property characteristics. This clarification will allow an applicant to choose their appropriate front setback based on their lot and development configuration, thereby increasing design flexibility. 12. Side and rear setback exceptions (AMC 9-4.107) Municipal Code Section 9-4.107 is written to allow buildings less than 12 feet in height to be located as close as three feet to a property line. This conflicts with the California Building Code which sets the minimum at 5 feet. The zoning code needs to be revised for consistency and clarity for applicants. This amendment would modify the required building setback to be consistent with the building code at 5 feet minimum. 13. Clarify ground floor office uses in the Downtown Commercial (DC) zone (AMC 9- 3.330) The recent code text change to office uses in the Downtown is unclear about ground floor office uses in the DC zone south of Atascadero Creek. Adoption of the limit on ground floor office uses was intended to apply only to parcels north of the creek. However, the Code was written in a way that could be interpreted to prohibit ground floor office uses on parcels south of the creek. Staff proposes an amendment to clarify that ground floor offices are allowed in the DC zone south of the creek without CUP approval. 14. Public zones table (AMC 9-3.330, AMC 9-3.430) The Public Zones Uses table (Table 3 -3) was mistakenly located in the non-residential land use section (AMC 9-3.330) in the Municipal Code during the last code update. This resulted in the incorrect non-updated table remaining in the Public Land Uses section . This updated table needs to be removed form AMC 9 -3.330 and moved to AMC 9-3.430. 15. Hotels, Motels definition (AMC 9-3.500) Hotels and motels are land uses that provide for transient lodging with the intent of serving visitors that stay for less than 30-days. While this is generally inferred in the operation of a hotel or motel, the Municipal Code does not currently specificall y define length of stay 135 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero in the land use definition. This lack of specificity has created a potential loophole for the conversion of tourist lodging development to long-term stay single-room occupancy units, which is contrary to the intent of the City’s commercial zoning districts. The proposed code update would clarify a length of stay of less than 30 -days in the definition for hotels and motels to provide clarity to applicants and property owners. It is important to note that single-room-occupancy units (SROs) are a conditional use in the CR zone and may be permitted through that discretionary process. CONCLUSION: Each year, a series of zoning amendments will be explored in order to keep the Zoning Ordinance a “living document” that can be responsive to economic development and the latest changes to state and local policies. The listed text amendments respond to the recently adopted 2021-2028 Housing Element in addition to a general update of code sections that lack clarity or need greater specify to better achieve the City’s development goals. The proposed amendments are consistent with the General Plan and further the City’s goals of streamlining development and providing consistency and clarity to developers and property owners. ENVIRONMENTAL DETERMINATION: The California Environmental Quality Act (CEQA) (Section 15061.(3), (b)) exempts activities which are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed text amendment will not have any significant adverse environmental impacts. ALTERNATIVES: 1. The Commission may recommend modifications of the text amendments to the City Council. 2. The Commission may determine that more information is needed on some proposed revisions and may refer the item back to staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny some or all of the proposed text amendments. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. ATTACHMENTS: Attachment 1: Draft Resolution 136 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero ATTACHMENT 1: Draft Resolution ZCH21-0004 DRAFT RESOLUTION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL AMEND TITLE 9 PLANNING & ZONING, SECTION 9-2.112 PERMIT TIME LIMITS, SECTION 9-3.230 AGRICULTURE AND RESIDENTIAL DISTRICT ALLOWABLE LAND USES, SECTION 9-3.262 PROPERTY DEVELOPMENT STANDARDS – RMF, SECTION 9-3.330 NONRESIDENTIAL DISTRICT ALLOWABLE LAND USES, SECTION 9- 3.331 MIXED USE RESIDENTIAL DENSITY, SECTION 9-3.430 PUBLIC DISTRICTS ALLOWABLE LAND USES, SECTION 9-3.500 DEFINITIONS, SECTION 9-4.107 SIDE SETBACKS, SECTION 9-4.112 MEASUREMENT OF HEIGHT, SECTION 9-4.113 HEIGHT LIMITATIONS, SECTION 9-4.128 FENCING AND SCREENING, SECTION 9-6.103 ACCESSORY STORAGE, SECTION 9-6.105 HOME OCCUPATIONS, SECTION 9-6.106 RESIDENTIAL ACCESSORY USES, SECTION 9-6.112 FARM ANIMAL RAISING, SECTION 9-6.113 INTERIM AGRICULTURAL USES, SECTION 9-9.102 GENERAL DEFINITIONS APPROVALS AND DETERMING THIS ORDINANCE IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. (ZCH21-0004) WHEREAS, an application has been received from the City of Atascadero (6500 Palma Ave., Atascadero, CA 93422), to consider Zone Change Text Amendments to Title 9; and WHEREAS, a Notice of Exemption was prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact these amendments to Title 9 Planning and Zoning of the 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, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, 137 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero 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 City Council of the City of Atascadero, at a Public Hearing held on May 4, 2021, studied the Planning Commission’s recommendations and considered the proposed zoning text amendments. NOW, THEREFORE BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for Approval of a Zone Text Change. The Planning Commission finds as follows: 1. The Planning and Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The Text Change will not, in itself, result in significant environmental impacts. SECTION 2. CEQA. This Ordinance is exempt from the California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 4, 2021, resolved to recommend that the City Council introduce for first reading by title only, an Ordinance that would amend the City Planning and Zoning Code Text with the following: EXHIBIT A: Zone Text Change – Title 9 Zoning Ordinance BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner ____________, and seconded by Commissioner ______________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: 138 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero CITY OF ATASCADERO, CA ______________________________ Jeff van den Eikhof Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 139 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero Exhibit A: Zone Text Change – Title 9 Ordinance ZCH21-0004 9-2.112 Permit time limits. (a) An approved plot plan is valid for the time limits established by Title 8 governing building permits. An approved precise plan or conditional use permit, when not part of a planned development with an approved corresponding tentative map, is valid for twenty-four (24) months after its effective date, unless otherwise provided by adopted conditions. At the end of the twenty-four (24) months the approval shall expire and become null and void unless: (1) Building permits have been applied for and have not expired; (2) The project is completed (Section 9-2.114); (3) An extension has been granted (Section 9-2.117); or (4) A building moratorium is imposed on the project site. (b) If a conditional use permit has been approved as part of a planned development with a corresponding tentative map, the life of the conditional use permit shall run with the map and shall only expire if the map expires. Time extensions for the map shall also extend the time of the corresponding conditional use permit. Conditional use permits which correspond with a tentative map shall remain active and shall not expire once the map is recorded. This provision shall apply retroactively and, as a result, any conditional use permit which expired prior to the effective date of the ordinance codified in this section, but which was approved as part of a planned development with a corresponding tentative map that is still active, shall no longer be considered expired but shall instead be deemed active and subject to expiration only if and when the corresponding map expires without having been recorded. (c) Endorsement or approval by the Design Review Committee shall be valid for a period of 12- months, unless otherwise provided by adopted conditions. At the end of the 12-months, the endorsement/approval shall expire and become null and void unless: (1) A complete construction permit for the majority of the development has been applied for and has not expired; (2) The project is completed (Section 9-2.114); (3) An extension has been granted consistent with the following: (i) The Planning Director may grant two (2) six (6) month extensions. Additional exceptions may be granted by the Design Review Committee. (ii) An extension shall be requested in writing on or before the date of expiration of the approval/endorsement. (iii) The following findings shall be made to grant an extension: a. There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval/endorsement of the project; and b. There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project. (cd) Nothing in this title shall be construed as affecting any time limits established by Title 8 of this code regarding work authorized by a building permit or other construction permit issued pursuant to Title 8, or time limits relating to the expiration of such permit. 9-3.230 Agriculture and residential district allowable land uses. 140 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero Table 3-1 identifies the uses of land allowed this Zoning Code in each agriculture and residential district, and the planning permit required to establish each use, in compliance with Section 9-1 and Section 9-2 of this code. Where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this article may also apply. Table 3-1 – Agriculture and Residential Land Uses Allowed Land Uses and Permit Requirements Agriculture/Residential Zones A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit CUP Conditional Use Permit Required  Not Permitted Permitted Uses By Zone Special Use Regulation(s) A RS RSF LSF RMF Agricultural Related Uses Agricultural Accessory Uses A A A 9-6.109 Agricultural Produce Stands A A A AUP AUP 9-6.117 Agriculture Employee Housing A 9-6.107 Farm Animal Raising A A A AUP 9-6.112 Horticultural Specialties A A 9-6.116 Large Scale Ag Manufacturing A CUP 9-6.103 Livestock Specialties A CUP 9-6.115 Personal Cannabis Cultivation A A A A A 9-17 Small Scale Ag Processing A A A AUP AUP 9-6.103 Natural Resources and Processing Resource Extraction CUP CUP 9-6.147— 9.6-161 Residential Uses Multifamily Housing A 9-3.175 141 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero Agriculture/Residential Zones A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit CUP Conditional Use Permit Required  Not Permitted Permitted Uses By Zone Special Use Regulation(s) A RS RSF LSF RMF Manufactured Home/Mobile Home A A A A A 9-6.143 Mobile Home Parks CUP CUP CUP CUP 9-6.142, 9-6.143 Organizational Houses CUP CUP CUP CUP 9-3.175 Residential Accessory Uses A A A A 9-6.106 Single-Family Dwelling A A A A 9-6.143, 9-6.184 Secondary Residential Units A A A 9.5 Temporary Dwelling A A A A 9-6.175 Recreation, Education, and Public Assembly Churches and Related Activities CUP CUP CUP CUP 9-6.121 Parks and Playgrounds AUP AUP AUP AUP Schools CUP CUP CUP CUP 9-6.125 Schools – Business and Vocational CUP CUP CUP CUP 9-6.125 Temporary Events A A A A A 9-6.177 Tourism, Lodging, and Dining Bed and Breakfast CUP CUP CUP CUP Services-Professional Day Care – Small Family Day Care Home A A A A 9-6.125 Day Care – Large Family Day Care/Child Care Center CUP CUP CUP CUP 9-6.125 Kennels CUP CUP 9-6.111 Medical Extended Care Services, 6 Clients or Less A A A CUP 9-6.134 142 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero Agriculture/Residential Zones A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit CUP Conditional Use Permit Required  Not Permitted Permitted Uses By Zone Special Use Regulation(s) A RS RSF LSF RMF Medical Extended Care Services, 7 Clients or More CUP CUP CUP CUP 9-6.134 Residential Care, 6 Clients or Less A A A A 9-6.135 Residential Care, 7 Clients or More CUP CUP CUP CUP 9-6.135 RCFE – Assisted Living, 6 Clients or Less A A A A 9-6.135 RCFE – Assisted Living, 7 Clients or More CUP CUP CUP CUP 9-6.135 RCFE – Independent Living Center/Senior Apartments CUP RCFE – Retirement Hotel CUP Transportation, Infrastructure and Communication Pipelines Utility Infrastructure CUP CUP CUP CUP CUP Utility Transmission Facilities A A A A A Wireless Communication Facilities CUP CUP CUP CUP CUP Zoning Districts Abbreviations A – Agriculture LSF – Limited Single-Family Residential RS – Residential Suburban RMF – Residential Multifamily RSF – Residential Single-Family Residential 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 mobile home and multiple-family residential projects: 143 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero (a) 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. Each dwelling unit shall be provided a minimum of one hundred (100) cubic feet of enclosed storage space, exclusive of closets, which may be located in either a principal or accessory building. (c) Outdoor Recreation Areas. For developments of four (4) to seven (7) dwelling units, outdoor recreational open space shall be provided at a ratio of three hundred (300) square feet per unit. This open space may be provided either as: (1) a private amenity designed for exclusive use of a dwelling unit; or (2) as common open space provided that no individual open space is less than one thousand (1,000) square feet. For developments of eight (8) or more dwelling units, outdoor recreational open space shall be 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. (d) 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. (e) Covered Parking. One (1) covered parking space (carport or garage) shall be required per dwelling unit of the total off-street parking required by Section 9-4.118. (ef) Laundry Facilities. Laundry facilities shall 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. (fg) Appearance Review. All projects shall be consistent with the multifamily design and landscape requirements of the Appearance Review Manual. (gh) Maintenance Requirement. 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. (hi) RMF-24 properties identified in Appendix 1, Table V-45 (Vacant Residential Parcels RMF- 20), 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. 9-3.330 Nonresidential district allowable land uses. Table 3-2 identifies the uses of land allowed by this Zoning Code in each nonresidential district, and the planning permit required to establish each use, in compliance with Chapters 9-1 and 9-2 of this code. Where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this article may also apply. Table 3-2 – Nonresidential Use Table Allowed Land Uses and Permit Requirements 144 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s ) CN CP CR CS CT CPK DC DO IP I Accessory Storage A4 CUP 4 A4 CUP 4 CUP 4 A4 A4 9-6.103 Adult Day Care Facility A A A CUP Adult Oriented Business A A A A 9-16 Age Restricted Housing CUP Agricultural Produce Stands A A A A 9-6.117 Amusement Services A A A A A A Animal Hospitals CUP 7 CUP A CUP 9-6.110 Artisan Foods and Products A A A A5 A A ATM A A A A A A A A A A Auto Dealers (New and Used) and Supplies CUP CUP CUP CUP CUP 9-6.163 Auto Repair and Services CUP A A CUP A A 9-6.168 Bar/Tavern CUP CUP CUP A Bed and Breakfast CUP CUP CUP CUP Brewery – Production CUP CUP A A Broadcast Studios A A Building Materials and Hardware w/ CUP CUP CUP CUP CUP CUP 9-6.165 145 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero 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 outdoor sales or storage area 10,000 sf or greater Building Materials and Hardware w/ outdoor sales or storage area less than 10,000 sf A A A A A A 9-6.165 Business Support Services A A A A A A A A Caretaker’s Residence/ Employee Unit CUP CUP CUP Childcare Center A A A CUP 9-6.125 Churches and Related Activities CUP CUP 9-6.121 Collection Stations A4 A4 A4 A4 A4 A4 A4 A4 9-6.130 Contract Construction Services (Indoor) A A A A Contract Construction Services (Outdoor) CUP CUP CUP Data and Computer Services Center AUP AUP CUP A A Day Care Drive-Through Sales or Services CUP CUP CUP CUP CUP CUP 9-4.122 Eating and Drinking Places A A A A A A A A A A 146 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero 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 Farm Equipment and Supplies w/ outdoor storage or sales area 10,000 sf or greater CUP CUP CUP CUP CUP Farm Equipment and Supplies w/ outdoor storage or sales area less than 10,000 sf A A A A A Farmers’ Market CUP CUP CUP CUP CUP A A Financial Services and Banks A A A A A A CUP A Fuel Dealer A4 CUP A4 A4 9-6.129 General Retail A4 A4 A4 A4 A4 A4 A4 General Retail Greater than 50,000 sf CUP CUP CUP CUP CUP CUP CUP Government Offices and Facilities A A A A A A CUP 9 A A A Health Care Services A A A CUP A CUP 9 A Horticultural Specialties w/ outdoor storage or sales area 10,000 sf or greater CUP CUP CUP CUP CUP CUP CUP 9-6.116 Horticultural Specialties w/ outdoor sales or storage area less than 10,000 sf A A A A A 9-6.116 147 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero 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 Hotels, Motels CUP A A A CUP Indoor Recreation Services CUP CUP CUP A A CUP CUP CUP Kennels CUP A 9-6.111 Large Family Day Care CUP 8 CUP8 9-6.125 Large Scale Ag Manufacturing CUP CUP A 9-6.103 Laundries and Dry Cleaning Plants A A A A Laundromat/Coin- Operated Laundry CUP CUP CUP CUP CUP CUP A A Libraries, Museums A A A A A A Live/Work Unit A1 Manufacturing and Processing – High Intensity4 CUP CUP AUP AUP Manufacturing and Processing - Low Intensity CUP CUP A A A A Medical Extended Care Services: 6 Residents or Less CUP CUP CUP CUP CUP CUP 9-6.134 Medical Extended Care Services: 7 Resident s or More CUP 9-6.134 Medical Research CUP A A CUP A A Membership Organizations A A CUP CUP 148 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s ) CN CP CR CS CT CPK DC DO IP I Microbrewery – Brewpub A CUP A A A A A A A A Mini-Storage CUP CUP A A Mobile Eating and Drinking Vendors6 A A A A A A A A Mortuary Services CUP A CUP A A A Multifamily Dwelling CUP 2 CUP 2 CUP2 CUP2 A1 A1 Occupancy Units Offices A A A A A A CUP 9 A Outdoor Recreation Services CUP CUP A 9-6.123 Parking Lots AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP Parks and Playgrounds A A Personal Service Restricted A CUP CUP Personal Services A A A A A CUP A Printing and Publishing CUP CUP A4 A4 A4 Public Assembly and Entertainment CUP CUP A CUP CUP RCFE – Assisted Living CUP 9-6.135 RCFE – Independent Living/Senior Apartments CUP CUP CUP 9-6.135 149 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero 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 RCFE – Retirement Hotel CUP CUP CUP 9-6.135 Recreational Vehicle Parks A 9-6.180 Recycling and Scrap CUP CUP 9-6.131 Recycling Centers CUP CUP 9-6.132 Research and Development CUP A A CUP A A A Residential Care: 6 Residents or Less A2 A2 9-6.135 Retail Sales— Restricted A CUP CUP Sales Lots CUP CUP CUP CUP 9-6.139 Schools A A A CUP CUP 9-6.125 Schools – Business and Vocational A A A A CUP CUP CUP CUP 9-6.125 Service Stations CUP CUP CUP CUP 9-6.164 Single-Family Dwelling A1 A1 Single-Room Occupancy Units CUP 9-6.184 Small Family Day Care A8 A8 A8 A8 A8 Social and Service Organizations A A A Sports Assembly CUP CUP A Storage, Recycling and Dismantling of CUP A A 9-6.131 150 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero 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 Vehicles and Material Tasting Room A CUP A A A A A A A A Telecommunication Facility CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Temporary Events A/ CUP 3 CUP A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP 3 A/ CUP 3 A A 9-6.177 Temporary Offices A A A 9-6.176 Temporary or Seasonal Sales A A A A A A A A A 9-6.174 Transit Stations CUP CUP A CUP CUP CUP CUP CUP Utility Facilities CUP CUP CUP CUP CUP CUP CUP CUP Utility Infrastructure A A CUP A A A CUP CUP A A Vehicle and Equipment Storage (Indoor)4 A CUP A4 A4 9-6.183 Vehicle and Equipment Storage (Outdoor)4 CUP 4 CUP 4 CUP 4 9-6.183 Vehicle and Freight Terminals CUP CUP CUP Warehousing CUP CUP A A Wholesaling and Distribution Center4 AUP AUP A4 A4 A4 A4 Winery – Boutique A4 A4 A4 A4 A4 A4 A4 Winery – Production CUP CUP A4 A4 Notes: (These notes apply only to Table 3-2). 151 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero 1 Residential uses allowed only on second and third floors. If a project is required to provide a unit in compliance with the Americans with Disabilities Act, the handicapped accessible unit may be located on a first floor. A first floor unit shall be located in a non-storefront location within a tenant space. 2 Multifamily dwellings permitted when located on the second floor or above, or within an existing residential structure of historical significance. 3 Temporary events requiring more than 3 days for onsite setup and teardown require the approval of a conditional use permit (Section 9-2.110). 4 Outdoor commercial and industrial sales and storage developments (as defined by Section 9 -9.102) of 10,000 square feet or more require the approval of a conditional use permit (Section 9-2.110), even if such a development is listed as an allowable use in a particular zoning district. 5 Handcrafted and artisan food production shall be ancillary to the retail component. 6 Mobile food vending permitted on private property with owner’s permission and City review of parking and access on -site. Mobile food trucks used as part of an event may be permitted in the right-of-way with the issuance of an Event Permit. 7 When no overnight stays of animals are included. 8 Permitted when in association with conforming and legal nonconforming residences. 9 Allowed above ground floor north of the creek. Conditional use permit required on ground floor on Palma, East Mall, West Mall Entrada, Traffic Way and on El Camino Real north of Atascadero Creek as designated in Figure 3-1, subject to all of the following findings: a. The location and setting of the existing building is not ideal for pedestrian uses such as restaurants, retail or related uses. b. The existing building and site improvements are designed exclusively for office uses and could not accommodate other uses. c. The proposed new office use will be a significant contribution to economic development by providing new jobs, pedestrian traffic, and active uses in the downtown. d. The proposed new office will meet parking, accessibility, and property development standards and will not result in new parking along Atascadero Creek, East Mall or West Mall. e. The proposed new office building will provide a storefront and other architectural features that complement the pedestrian scale and retail environment desired within the downtown. Zoning District Abbreviations CN – Commercial Neighborhood CP – Commercial Professional CR – Commercial Retail CS – Commercial Service CT – Commercial Tourist CPK – Commercial Park DC – Downtown Commercial DO – Downtown Office IP – Industrial Park I – Industrial Figure 3-1 152 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero Table 3-3 Public Zone Uses Allowed Land Uses and Permit Requirements Public Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Use Regulation(s) L LS P OS Accessory Storage A A 9-6.103 Adult Day Care Facility CUP Agricultural Accessory Uses A Amusement Services A CUP Animal Hospitals CUP ATM A Bed and Breakfast A A Broadcast Studios A Caretaker’s Residence/Employee Unit CUP 9-6.184 Cemeteries CUP CUP CUP Childcare Center CUP 9-6.125 Churches and Related Activities CUP 9-6.121 153 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero Public Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Use Regulation(s) L LS P OS Collection Stations A A A 9-6.130 Day Care Eating and Drinking Places CUP CUP Farmers’ Market A A A Government Offices and Facilities A Health Care Services CUP Home Occupation A Horticultural Specialties CUP Hotels, Motels CUP Indoor Recreation Services CUP CUP A Libraries, Museums A A A Medical Extended Care Services: 6 Residents or Less CUP 9-6.134 Medical Extended Care Services: 7 Residents or More CUP 9-6.134 Membership Organizations A CUP Mini-Storage CUP Mortuary Services CUP Outdoor Recreation Services A CUP A 9-6.123 Parking Lots A Parks and Playgrounds A A A A Recreational Vehicle Parks CUP CUP CUP 9-6.180 Residential Accessory Uses A 9-6.106 Residential Care: 6 Residents or Less CUP 9-6.125 Residential Care: 7 Residents or More CUP 9-6.125 Schools A 9-6.125 Schools—Business and Vocational A CUP 9-6.125 Single-Family Dwelling A CUP Sports Assembly CUP 154 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero Public Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Use Regulation(s) L LS P OS Telecommunication Facilities CUP CUP CUP Temporary Dwelling A 9-6.176 Temporary Events A A A 9-6.177 Temporary Offices A Transit Stations CUP CUP Utility Facilities A A A CUP Utility Infrastructure CUP CUP CUP CUP Zoning Districts Abbreviations L – Recreation LS – Special Recreation P – Public OS – Open Space 9-3.331: Mixed Use residential density Mixed-Use developments within commercial zoning districts that allow for multi-family uses shall have a maximum base density of 24 dwelling units per acre. 9-3.430 Public districts allowable land uses. Table 3-3 identifies the uses of land allowed this Zoning Code in each public district, and the planning permit required to establish each use, in compliance with Chapters 9-1 and 9-2 of this code. Where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this article may also apply. Table 3-3 Public Zone Uses Allowed Land Uses and Permit Requirements 155 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero Public Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Use Regulation(s) L LS P OS Accessory Storage A A 9-6.103 Adult Day Care Facility CUP Agricultural Accessory Uses A Amusement Services A CUP Animal Hospitals CUP ATM A Bed and Breakfast A A Broadcast Studios A Caretaker’s Residence/Employee Unit CUP 9-6.184 Cemeteries CUP CUP CUP Childcare Center CUP 9-6.125 Churches and Related Activities CUP 9-6.121 Collection Stations A A A 9-6.130 Day Care Eating and Drinking Places CUP CUP Farmers’ Market A A A Government Offices and Facilities A Health Care Services CUP Home Occupation A Horticultural Specialties CUP Hotels, Motels CUP Indoor Recreation Services CUP CUP A Libraries, Museums A A A Medical Extended Care Services: 6 Residents or Less CUP 9-6.134 Medical Extended Care Services: 7 Residents or More CUP 9-6.134 Membership Organizations A CUP Mini-Storage CUP 156 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero Public Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Use Regulation(s) L LS P OS Mortuary Services CUP Outdoor Recreation Services A CUP A 9-6.123 Parking Lots A Parks and Playgrounds A A A A Recreational Vehicle Parks CUP CUP CUP 9-6.180 Residential Accessory Uses A 9-6.106 Residential Care: 6 Residents or Less CUP 9-6.125 Residential Care: 7 Residents or More CUP 9-6.125 Schools A 9-6.125 Schools—Business and Vocational A CUP 9-6.125 Single-Family Dwelling A CUP Sports Assembly CUP Telecommunication Facilities CUP CUP CUP Temporary Dwelling A 9-6.176 Temporary Events A A A 9-6.177 Temporary Offices A Transit Stations CUP CUP Utility Facilities A A A CUP Utility Infrastructure CUP CUP CUP CUP Zoning Districts Abbreviations L – Recreation LS – Special Recreation P – Public OS – Open Space 157 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero 9-3.500 Definitions. Amend the following land-use definitions in AMC 9-3.500 as follows: Agricultural Accessory Uses. Residential accessory uUses that are customarily part of an small-scale and/or hobby agricultural activitiesy incidental to the primary residential use of the property including structures that are designed to house farm implements, hay, grain, poultry, livestock, or other horticulture products, including noncommercial greenhouse that are incidental and secondary to a residential use . This does not include garages, workshops, or other similar residential accessory structures for non-agricultural uses. Hotels, Motels. Commercial transient lodging establishments, including hotels, motor hotels, motels, tourist courts or cabins, primarily engaged in providing overnight or otherwise temporary lodging for less than 30-days, with or without meals, for the general public. Such establishments shall not provide kitchen facilities in more than twenty-five percent (25%) of the units. 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 have a minimum side setback of five (5) feet, except as follows: (1) Corner Lots. The side setback on the street side of a corner lot is to be a minimum of ten (10) feet. (2) A Corner Lot Adjacent to a Key Lot. A side setback equal to one-half (1/2) the depth of the required front setback of the key lot shall be provided, except that: (i) Where the corner lot is less than fifty (50) feet in width, the setback is to be a minimum of ten (10) feet; (ii) Where an alley is between the corner lot and a key lot, the setback on the street side of the corner lot is to be five (5) feet. (3) Accessory Buildings. A side yard may be used for an accessory building no greater than twelve (12) feet in height, provided that it is not used for human habitation or the keeping of animals and is either: (i) Located no closer than three (3) feet to any property line; (ii) Located on the rear half of the lot; or (iii) Established on the property line as a common wall structure pursuant to subsection (a)(4) of this section, or as a zero lot line structure, provided that all applicable Uniform Building Code requirements are satisfied for a property line wall. (43) 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; 158 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero (ii) A common wall or party wall agreement, deed restriction or other enforceable restriction has been recorded; (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. (54) 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. (65) Access Easements. All access easements shall have a minimum setback of five (5) feet, measured from the edge of the easement. (b) CN, CP, CR, CS, CT, CPK, IP, I and P Zones. No side setbacks are required. 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. (7) 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. 9-4.112 Measurement of height. 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. 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 159 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero Zone Maximum Height LS, L, P 35 feet RMF 3035 feet (not to exceed 2 stories) (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 to allow additional height, to a maximum of forty (40) 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. (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. (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. 160 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero (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. The height limitations of this section may be increased up to forty (40) feet through administrative use permit approval to allow for non-habitable architectural features including, but not limited to, varied roof forms, tower elements, and cupolas with the intent of encouraging creative building design. (i) 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. 9-4.128 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 front setback or side setback adjacent to a street. (1) Mechanical Equipment. When located outside of a building, support equipment, including air conditioning and heating devices, but not including plumbing or exhaust vents, or chimneys, shall be screened to the height of the particular piece of equipment, as follows: (i) Roof-Mounted Equipment. To be screened by architectural features 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. This subsection does not apply to single-family residential uses. (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 are to be fenced to discourage unsupervised access and use by small children. Such fencing is to be constructed per building code requirements. 161 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero (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 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 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 yard setback can 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. (iii) Residential Gates: a. Gates are permitted in single-family residential zoning districts for private driveways b. Gates shall be setback a minimum of 20-feet from the right of way in accordance with Engineering standards. c. Gates shall be a maximum of 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 16 feet from the edge of the right of way. g. Gates or associated structures shall comply with minimum sight-distance standards. 162 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero h. A construction permit shall be required for all gates that exceed 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. Fencing and screening materials shall be measured from the finished grade of the uphill lot. 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 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. (2) The Design Review Committee (DRC) may grant an exemption to the front setback fencing requirement 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. (3) 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)(iv)(a). (4) 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), 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 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. 9-6.103 Accessory storage. Where the principal building or use on a site is some use other than storage, and storage accessory to that use is also located on the site, the accessory storage is subject to the following standards (see also Section 9-6.140). A zoning approval is not required to establish accessory storage except when subsections (b) and (g) of this section requires such approval for a specific type of storage. 163 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero Where the principal building or use on a site is some use other than storage, and storage accessory to that use is also located on the site, the accessory storage is subject to the following standards (see also Section 9-6.140). A zoning approval is not required to establish accessory storage except when subsections (b) and (g) of this section requires such approval for a specific type of storage. (a) Outdoor accessory storage is limited to ten percent (10%) of the floor area of the principal building. (1) Any size modification for outdoor accessory storage over ten percent (10%) of principal floor area will require a conditional use permit. (b) Building Materials and Equipment. Building materials and equipment being used in a construction project on the same or adjacent site may be stored on or adjacent to the construction site as long as a valid building permit is in effect for construction on the premises. Building materials and equipment include stockpiles of construction materials, tools, equipment, and building component assembly operations. When storage is proposed on a lot adjacent to the construction site, the application for the project is to also describe the storage site. Temporary storage of construction materials on a site not adjacent to the construction is subject to Section 9-6.175. (c) Commercial Vehicles. This subsection applies to the accessory storage of vehicles used for shipping and/or the delivery of freight and products in support of a business or used for other commercial activity, when such vehicles are larger than a standard passenger car, pickup truck or van. Storage means parking a commercial vehicle longer than for a single weeknight, weekend or holiday. The storage of vehicles as a principal use is subject to the standards of Section 9-6.183. (1) Commercial vehicles are to be stored in an enclosed building unless otherwise allowed by the provisions of this code. (2) The storage of agricultural vehicles in the A Zone is unrestricted. (3) Commercial vehicles may be allowed in residential zones where the resident of the premises can show that: (i) The site is of sufficient size to allow parking of the vehicle in the buildable area of the site; and (ii) The number of such vehicles is limited to a maximum of one (1); and (iii) The vehicle can be maintained on the site in a manner which will not be disturbing to nearby residents as a result of unsightly appearance, excessive noise, or operation between 9:00 p.m. and 7:00 a.m.; and (iv) The vehicle due to its size, length or weight will not damage streets leading to the site beyond normal levels and will not create traffic safety problems due to maneuvering necessary to enter and exit the site; and (v) There are no other suitable locations available to store the vehicle. (d) Inoperative Vehicles. The storage or keeping of inoperative vehicles is subject to the following. Nothing in this title shall be construed as preventing the abatement of an inoperative vehicle which is found to be a nuisance: (1) Vehicles Under Commercial Repair. The repair of vehicles is allowed only in commercial or industrial zones as provided by Chapter 9-3, except for repair of a personal vehicle by the vehicle owner on a site owned or rented by the vehicle owner. The storage of inoperative vehicles in a commercial or 164 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero industrial zone for the purposes of repair, alteration, painting, impoundment or temporary storage by a towing service is subject to Section 9-6.168. (2) Wrecked and Abandoned Vehicle Dismantling or Storage. Any area used for the dismantling of inoperative vehicles or for the storage of wrecked or abandoned vehicles not being dismantled or repaired is subject to Section 9-6.131. (3) Automobiles Stored in Residential Areas. The storage of inoperative vehicles in a residential zone is limited to one vehicle when stored outdoors. Such storage may be located only where it is within the buildable area of the site. Inoperative vehicles may be abated as set forth in Chapter 9-8. Storage of such vehicles within an approved accessory building (Section 9-6.106) is not subject to limitation on the number of vehicles. (d) Accessory Storage of Flammable and Combustible Liquids. The accessory storage of flammable and combustible liquids is subject to the following standards: (1) Limitations on Quantity. The quantity of flammable or combustible liquids stored on a site shall be limited as follows: (i) Residential Zones. Ten (10) gallons, unless authorized through precise plan approval. Excluded from this requirement is the storage of flammable liquids in the fuel tanks of self-propelled vehicles, mobile power or heat generators or similar equipment and the storage of paints, oils, varnishes or combustible mixtures when such liquids are stored for maintenance, painting or similar purposes. The storage of propane or other fuels which provide energy to heat a residence is also excluded from this limitation, when such storage is in tanks directly connected to the residence for consumption or when the quantity is limited to a reasonable reserve for personal use which is stored in an approved manner. (ii) Agricultural, Commercial and Industrial Zones. Storage shall be limited to the following quantities on any single building site, unless greater quantities are authorized through conditional use permit approval: Type of Storage Type of Liquid Above Ground Underground Combustible 1,000 gallons Unlimited Flammable 1,000 gallons 20,000 gallons (2) Setbacks. Aboveground storage facilities for flammable or combustible liquids shall be set back a minimum of fifty (50) feet from any property line and from any residential use on the same property. (3) Additional Standards. (i) All storage of bulk flammable liquids shall be underground; except as specified by subsection (d)(1)(i) of this section; except where a refining or similar industrial use has been allowed in the CPK, IP or I Zone; and except, where an automobile service station or other approved vendor of flammable liquids stores such liquids for sale in approved quantities and containers. (ii) All aboveground storage of flammable and combustible liquids shall be within types of containers approved by the Fire Department. 165 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero (iii) Access, circulation and emergency fire equipment requirements of the Fire Department shall be provided or installed within thirty (30) days where such need has been identified and posted by the Fire Department. (f) Recreational Vehicles in Residential Zones. The storage of recreational vehicles or dependent trailers or RV equipment (camper shells, etc.), airplanes, and boats is permitted as an accessory use in the RSF, LSF, RMF, RS, or A Zones as follows (the storage of recreational vehicles in other zones is subject to Section 9-6.183; the storage of mobile homes is subject to Section 9-6.142(c)): (1) Location of Storage. Recreational vehicles are not to be stored in the required front setback area. (2) Use. Recreational vehicles are not to be used for living, sleeping or housekeeping purposes except as provided by Section 9-6.176. (g) Scrap and Junk. The outdoor storage of scrap, junk and miscellaneous articles and materials accessory to another use is limited to a maximum area of two hundred (200) square feet, with a maximum height of five (5) feet except that entirely within a six (6) foot high solid wood or masonry fence or within a building. the outdoor storage of scrap, junk and miscellaneous articles and materials accessory to another use may be allowed up to one thousand (1,000) square feet when completely screened from neighboring properties and from the public right-of-way. Such storage shall be located only where it is within the buildable area of the lot. The storage of scrap and junk as a principal use is subject to the standards of Section 9-6.131. (h) Cargo Containers. Cargo containers (also referred to as “Seatrains” or shipping containers) are defined as a prefabricated metal structure designed for use as an enclosed truck trailer in accordance with Department of Transportation (DOT) standards. This does not include architecturally modified cargo containers used as a building material. The use of cargo containers for accessory storage purposes is permitted based on the following standards: (1) Use of Cargo Containers. (i) Cargo containers shall be utilized for accessory storage only. Occupancy shall be limited to a “U” occupancy consistent with the California Building Code (CBC) or its successor title. (ii) Cargo containers shall not be used for permanent or temporary human occupancies, including, but not limited to, living, sleeping or other residential uses. (2) Number of Cargo Containers Permitted. (i) One (1) cargo container may be permitted on a commercial, industrial or single-family residential lot over one (1) gross acre in size, subject to Design Review Committee (DRC) review for neighborhood compatibility and approval of a building permit. (ii) Two (2) or more cargo containers may be permitted with a minor conditional use permit (CUP) on a commercial, industrial, or single-family residential lot over one (1) gross acre in size, subject to Planning Commission review for neighborhood compatibility and approval of a building permit. (3) Standards for Cargo Containers. (i) Building Permit. A building permit is required for cargo containers over one hundred twenty (120) square feet in size. A cargo container which is one hundred twenty (120) square feet or less, is exempt from building permit requirements provided it meets property line and structure setbacks required by this title and does not have any utility connections. 166 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero (ii) Setbacks. Cargo containers shall be located in the rear half of the property in commercial, industrial and residential zones. Cargo containers shall not be permitted within the front or street facing side yard setback of a residential property. Setbacks shall be consistent with underlying zone setback requirements and is consistent with the preceding subsections (1) and (2). (iii) Foundation. Cargo containers shall be anchored on a foundation system capable of withstanding all imposed vertical and horizontal loads and consistent with all applicable codes. Any alterations to the container shall be designed and detailed by a licensed design professional. All foundations and alterations shall be approved by the Chief Building Official. (iv) The cargo container may not occupy any required parking areas or obstruct any Fire Department access ways. (4) Exemptions. (i) Use of cargo containers for temporary on-site storage associated with a construction project is exempt from this section (refer to subsection (b)). (ii) Use of cargo containers for temporary commercial storage may be allowed with the approval of an administrative use permit for a period not to exceed four (4) months. 9-6.105 Home occupations. An accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods or services is subject to the standards of this section. (a) Appearance, Visibility and Location. The standards of this section determine what physical changes may occur in a dwelling unit to accommodate a home occupation and where on a residential site a home occupation may be conducted. (1) Changes to the Dwelling. The home occupation is not to change the residential character of the outside appearance of the building, either: (i) By the use of colors, materials, lighting, signs or by the construction of accessory structures or garages visible from off-site and not of similar character as the residence; or (ii) By the emission of noise, glare, flashing lights, vibrations or odors not commonly experienced in residential areas. (2) Display of Products. The display of home occupation products for sale, in a manner visible from the public street or adjoining properties, is prohibited. (3) Outdoor Activities. On sites of less than one (1) acre, the use shall be conducted entirely within a principal or accessory structure except instructional activities that may be performed outdoors. Outdoor storage of materials related to the home occupation is allowed only on parcels one (1) acre or larger (except as otherwise provided by Section 9-6.103), where such storage is to be screened from view of any street or adjacent property. (4) Use of Garage or Accessory Structure. The use of a garage or accessory structure is allowed subject to Section 9-6.106, except that the conduct of the home occupation shall not preclude the use of the garage for vehicle parking unless any required replacement parking can be accommodated on-site. (b) Area Devoted to a Home Occupation. The home occupation shall be incidental and subordinate to the principal use of the site as a residence. 167 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero (c) Employees. No person other than members of the household residing on the premises may be employed and working on the site, except that employees, including independent contractors, partners, and similar employee-type relationships, may be permitted through administrative use permit approval (refer to Section 9-1.112) as follows: (1) The number of employees shall be unlimited, if the following criteria can be complied with: (i) The employees do not work at or report to the site of the home occupation during, or immediately before or after, the normal operating hours of the business. (ii) No additional vehicles, equipment, or outside storage shall occur at the residence as a result of the increased number of employees. (2) A maximum of two (2) employees, if the following criteria can be complied with: (i) No additional client vehicles are generated to the premises as a result of the increased number of employees. (ii) The function of the employees in working on the site is to provide direct service to the employee employer rather than to the clients of the business. (iii) It is necessary for the operation of the business to have the employees working at the site of the home occupation. (iv) Any additional vehicles, equipment, or outside storage can be maintained on the site in compliance with subsection (a) of this section. (v) The allowance of employees will not have any adverse effect on the surrounding residential area. (d) Hours of Operation. Hours of operation are unrestricted except that home occupations which generate sounds audible from off-site shall be limited to the hours from 7:00 a.m. to 7:00 p.m., provided that such home occupation complies with the standards of Chapter 9-14. (e) Limits on the Kinds of Home Occupations Allowable. Subject to all of the standards of this section, allowable home occupations consist of: (1) Office-type personal or business services (including personal instruction such as music lessons or contracting services not involving on-site storage of materials or equipment) that do not involve the presence of more than one (1) client vehicle at any one (1) time; (2) Handcraft or artwork production, including but not limited to pottery and ceramics, artistic glass or metalwork, electronic components, woodcarving and woodworking (except for mass-production operations such as cabinet shops), antique furniture restoration, painting and photography, except when such use involves on-site use of equipment requiring more than standard household electrical current at one hundred ten (110) or two hundred twenty (220) volts or that produces noise (refer to Chapter 9-14), dust, odor or vibration detrimental to occupants of adjoining dwellings. (3) The personal sale of cosmetics, personal or household products (except appliances), or other goods or products; when such sales occur on the premises of the purchaser, provided that wholesale sales may occur pursuant to subsection (f) of this section, or occur off the premises in some other approved location. (4) Small-scale agricultural accessory uses and horticultural specialties. 168 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero (f) Sale of Products. On-site retail sales of the products of a home occupation are prohibited, except: (1) Garage sales or the sale of handcrafted items and artwork produced on-site are allowed not more than twice per year, for a maximum of two (2) days per sale; and (2) Home distributors of cosmetics and personal or household products may supply other approved home occupation proprietors. (3) Agricultural produce stands are permitted consistent with section 9-6.117 (g) Signing. One (1) identification sign with a maximum area of two (2) square feet may be erected pursuant to Chapter 9-15. A commercial vehicle carrying any sign identifying the home occupation and parked on or adjacent to the residential site visible from the public street is included in determining the maximum allowable area of on-site fixed signs. (h) Parking and Traffic. Traffic generated by a home occupation is not to exceed the volume normally expected for a residence in a residential neighborhood. All parking needs of the home occupation are to be met off the street. For purposes of this section, normal residential traffic volume means up to ten (10) trips per day. This subsection does not apply to garage or handcraft sales pursuant to subsection (f)(1) of this section. 9-6.106 Residential accessory uses. The standards of this section apply to the specific types of residential accessory uses and structures as listed. Standards for agricultural accessory structures are subject to section 9-6.109. Agricultural accessory structures for the keeping of animals are subject to Section 9-6.109112. (a) Swimming Pools. Swimming pools, including hot tubs, spas, and related equipment, may be located within any required side or rear setback, provided that they are no closer than eighteen (18) inches to a property line (additional setbacks may be required by the adopted building code), and provided that they are fenced as required by Section 9-4.128. (b) Detached Accessory Structures. Any detached accessory structure intended for residential accessory uses and accessory storage. (1) Limits on Use. An accessory structure may be constructed or used solely for noncommercial hobbies or amusements; for maintenance of the principal structure or yards; for artistic endeavors such as painting, photography or sculpture; for maintenance or mechanical work on vehicles owned or operated by the occupants; for an approved home occupation; or for other similar purposes. (2) Floor Area. The gross floor area of a detached accessory structure is not to exceed one hundred percent (100%) of the gross floor area of the principle structure, up to 3,000 square feet. (i) The floor area may be increased by approval of an administrative use permit (Section 9- 1.112) to allow additional floor area over the specified limits, when consistent with the appearance and design criteria in section 9-6.106 (3) and when additional findings can be made to support an increased size. (3) Appearance and Design. An accessory structure that exceeds fifty percent (50%) of the gross floor area of the principle structure shall adhere to the following criteria: (i) Accessory structure shall not be located between the primary structure and the public roadway 169 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero (ii) Accessory structure shall be compatible with the pattern of development in the neighborhood (there are similar structures on adjacent properties, and properties are of a size, nature and topography so as to not create a significant aesthetic impact) (iii) Accessory structure is compatible or complementary with the architectural style of the primary structure. (iv) The floor area of the accessory structure is equal or lesser than the floor area of the primary structure (v) The accessory structure is located on a conforming lot. (vi) The accessory structure can be built to avoid substantial grading and the removal of significant native trees (vii) The accessory structure does not block sunlight for adjacent properties, alter site distance for roads or driveways, nor substantially alter the visual quality of the property. (34) Residential accessory structures one hundred twenty (120) square feet or less are exempt from requiring a permit if the structure is incidental to the primary use and meets the following requirements: (i) The structure does not create a nuisance; (ii) The use of the structure is permitted under its zoning; (iii) The structure meets the property’s rear and side yard minimum setback requirement of three (3) feet if the structure is less than twelve (12) feet in height; (iv) If the structure is more than twelve (12) feet in height, standard setback shall be required regardless of exemption; (v) The accessory structure is located outside of the required front yard setback; (vi) A minimum (5) foot setback is required between structures. If structures are abutting, the aggregate area of the buildings shall be considered one (1) building and shall require a building permit. (vii) Hoop structures/greenhouses: Limited to two (2) per residential property. Additional structures may be approved with DRC approval. (45) Number of Structures. The number of non-exempt accessory structures requiring a building permit shall be limited to two (2) structures. (c) Mini-bike, motorcycle, dirt bike or similar two (2) or more wheel motor vehicle riding is allowed subject to the following limitations: (1) No more than two (2) such vehicles shall be operating at the same time. (2) Operation is limited to a maximum of two (2) hours in a day—Limit applies even if only one (1) such vehicle is being operated. (3) Operation is limited to a maximum of eight (8) hours in a week: (i) This limit applies even if only one (1) such vehicle is operated; (ii) A week shall be measured from Monday through Sunday. (4) Notwithstanding the above, no such use shall be allowed prior to noon on Sundays. (56) Any violations to the above-mentioned limitations are subject to cost recovery for responses to disturbances, as listed in Section 9-14.14. (d) Exceptions to Accessory Structure Standards. (1) Detached accessory structures that deviate from requirements are subject to the approval of a minor conditional use permit. 170 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero (2) Any detached accessory structure in excess of the two (2) structures permitted or when multiple exempt accessory structures (less than one hundred twenty (120) square feet) are constructed on the premises that are no longer accessory uses to the primary unit as determined by the Community Development Director is subject to the approval of a minor conditional use permit. (e) Agricultural accessory uses. This subsection applies to small-scale agricultural uses that are incidental to a primary use in residential zoning districts. (1) Hobby crop production and processing. Incidental crop production and small-scale processing is permitted subordinate to the residential use of the property. Any accessory structures used for this purpose must comply with accessory structure standards of this section. (i) Agriculture intended for commercial use must also comply with Home Occupations standards as listed in Section 9-6.105. (2) Produce stands are permitted in compliance with Section 9-6.117. (3) Farm Animal Raising is permitted in compliance with Section 9-6.112. 9-6.112 Farm animal raising. The raising or keeping of farm animals incidental to a residential use is allowed subject to the standards of this section, provided that these standards do not apply to domesticated household pets such as cats and dogs, which are governed under section 4-1.119. (a) Minimum Site Area. The minimum site area of a parcel used for farm animal raising shall be as specified in this subsection, unless a smaller site area is allowed as set forth in subsection (h) of this section. Adjacent parcels may be used to achieve the minimum site area by administrative use permit approval (Section 9-1.112) provided that there is a written agreement with the owner of the adjacent parcel(s); that said adjacent property is accessible for use by the animals for corrals, pens, pasturing or similar activity; that said adjacent property is not necessary to comply with minimum site area or animal density requirements for animals on its own site; and that any such adjustment shall only be valid for the duration of the agreement. (1) Large Animals. (i) Horses, burros, donkeys, and similar equines: One (1) acre. (ii) Cows, steer, and similar bovines: One (1) acre. (iii) Pigs and swine: One (1) acre. (2) Small Animals. (i) Goats, sheep and similar ovines: One-half (1/2) acre. (ii) Poultry (and similar ground birds): None. (iii) Rabbits (and other non-carnivorous animals of similar size): None. (iv) Turkeys: One-half (1/2) acre. (v) Birds (including pigeons and other caged birds): None. (b) Setbacks. All buildings used to house farm animals including livestock and poultry buildings, barns, stables, lofts, coops, and similar accessory structures are subject to the setback requirements of Section 9-6.109. All other animal enclosures including corrals, pens, feed areas, paddocks, uncovered stables and similar enclosures are subject to the setback requirements of this subsection. The occasional grazing of domestic animals in these setbacks is allowed provided that the pasture area is adequately 171 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero fenced or that the grazing animal is securely restrained. Setbacks shall be measured from the nearest building used for residential purposes on adjacent property. Animals may be maintained at lesser setbacks when they were established prior to the residence on the adjacent property provided that the animals are continuously in compliance with subsection (c) of this section. If the animals are not so maintained, they may be required to comply with these setbacks. (1) Large Animals. (i) Equines: Fifty (50) feet. (ii) Bovines: Fifty (50) feet. (iii) Swine: One hundred (100) feet. (2) Small Animals. (i) Ovines: Fifty (50) feet. (ii) Poultry: Twenty-five (25) feet. (iii) Rabbits: Twenty-five (25) feet. (iv) Turkeys: Fifty (50) feet. (v) Birds: None. (c) Maintenance. All buildings housing domestic animals, all animal enclosures, and all pasture areas shall be maintained free from litter, garbage and the accumulation of manure. Premises shall be maintained in a neat and sanitary manner. If farm animals are not maintained in compliance with these standards, or are otherwise allowed to become a nuisance, the Planning Department shall initiate enforcement proceedings as provided by Chapter 9-8. (d) Special Requirements. The keeping of specific domestic animals is subject to the special standards in this subsection in addition to other standards set forth in this section. (1) Equines. None. (2) Bovines. None. (3) Swine. The maximum number of swine allowed on any parcel is three (3) sows and one (1) boar regardless of animal equivalency units. A greater number of swine constitute a hog ranch which is not permitted in any zoning district. (4) Ovine. None. (5) Poultry. All poultry shall be contained in coops or pens and not be allowed to run free on a site. The maximum number of poultry allowed on any parcel is forty (40) (two (2)regardless of animal equivalency units). A greater number of poultry constitute a chicken ranch and shall be subject to Section 9-6.115 if allowed by a particular zoning district. (6) Rabbits. All rabbits shall be contained in coops or pens and not be allowed to run free on a site. The maximum number of rabbits allowed on any parcel is forty (40) regardless of (two (2) animal equivalency units). A greater number of rabbits constitute a rabbit farm and shall be subject to Section 9- 6.115 if allowed by a particular zoning district. (7) Turkeys. All turkeys shall be contained in coops or pens and not be allowed to run free on a site. The maximum number of turkeys allowed on any parcel is eight (8) (four (4) regardless of animal equivalency units). 172 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero (8) Birds. None. (e) Establishment of Animal Equivalency Units. Animal equivalency units are established in this subsection in order to define relationships among domestic animals of various sizes for use in determining allowable animal density. (1) Large Animals. (i) Equines: Each equine equals one (1) animal equivalency unit. (ii) Bovines: Each bovine equals one (1) animal equivalency unit. (iii) Swine: Each swine equals one (1) animal equivalency unit. (2) Small Animals. (i) Ovine: Two (2) ovine equal one (1) animal equivalency unit. (ii) Twenty (20) poultry equal one (1) animal equivalency unit. (iii) Rabbits: Twenty (20) rabbits equal one (1) animal equivalency unit. (iv) Turkeys: Two (2) turkeys equal one (1) animal equivalency unit. (v) Birds: Not applicable. (f) Allowable Animal Density. The maximum allowable animal density for a site is established by this subsection, unless a larger number is allowed as set forth in subsection (h) of this section. (1) A Zone. No density limitations. (2) RS Zone. Three (3) animal equivalency units per acre, provided that, for the first two (2) acres, no more than one (1) large animal shall be allowed for each full one-half (1/2) acre. (3) RSF Zone. Two (2) animal equivalency units per acre, provided that no more than one (1) large animal shall be allowed for each full one-half (1/2) acre. (g) Method of Calculating Animal Density. The method of calculating animal density is established by this subsection. The lot size (in gross acres) is multiplied by the allowable animal density (in animal equivalency units per acre) for the particular zoning district. The product is the maximum number of animal equivalency units allowed on the site. As an example, a 1.9 acre parcel in the RS Zone would allow 5.7 animal equivalency units which can be rounded off to six (6) as provided by Section 9- 1.109(b)(4). This would allow two (2) equivalency units for large animals and four (4) equivalency units for small animals. (1) Birds. Birds shall not be restricted as to density and shall not affect the allowable animal density on a parcel. (2) Fraction of an Equivalency Unit. Since rounding off to whole numbers is provided for (Section 9-1.109), there will be no fractional equivalency units. Small animal equivalency units may not be divided between the various small animal subcategories. For example, ten (10) rabbits does not equal one-half (1/2) animal equivalency units and ten (10) rabbits and ten (10) poultry do not add together as one (1) animal equivalency unit. (3) Unweaned Offsprings. Unweaned offsprings are permitted and shall not affect the allowable animal density on a parcel. (h) Modification of Certain Standards. The minimum site area and allowable animal density standards set forth in this section may be adjusted subject to compliance with the criteria set forth in this 173 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero section, except that these standards may also be modified through conditional use permit approval (refer to Section 9-2.110) if these criteria cannot be satisfied. The setback, maintenance and special requirements standards may not be modified by conditional use permit. (1) Youth Projects. An adjustment not to exceed one (1) additional animal equivalency unit per acre or an adjustment to reduce the minimum site area by no more than twenty-five (25) percent may be granted for a youth project sponsored by a recognized organization, subject to the following criteria: (i) The project is for a limited duration with a known termination date at which time the project animal will be removed from the site and the site brought into conformance with all applicable standards; and (ii) There is an adult project supervisor who has reviewed and approved, in writing, the project and who can take corrective action if necessary regarding the project; and (iii) All other standards of the section including setbacks, maintenance and special standards applicable to the project are and will be continuously satisfied; and (iv) The site otherwise conforms to the standards set forth in the section; and (v) All animals maintained on the site are owned by the residents of the premises; and (vi) The youth involved in the project has demonstrated in prior adjustments, if applicable, the responsibility to maintain the project in a satisfactory manner. (2) Small-Scale Breeding. An adjustment not to exceed one (1) animal equivalency unit for each of the first two (2) acres and two (2) animal equivalency units for each remaining acre may be granted for small-scale breeding for commercial purposes which does not exceed the special standards of subsection (d) of this section, subject to the following criteria: (i) The site is located outside the urban services line; and (ii) The site contains a minimum of three (3) acres; and (iii) Secure enclosures are provided for any stud animals; and (iv) Setbacks for any agricultural accessory buildings and animal enclosures are one hundred (100) feet from adjacent property lines; and (v) A business license and home occupation permit (Section 9-6.105) can be secured. (i) Other Animals. Domestic animals not specified in this section shall be reviewed by the Planning Director and shall be placed in the category which the animals most closely resemble. (j) The grazing of animals is permitted when an individual property adheres to the density regulations of this section and may occur regardless of establishment of a primary use. 9-6.113 Interim agricultural uses(Reserved). This section applies to crop production and grazing activities when located within the urban services line. This section does not apply to the keeping of animals for personal use, which is included under Section 9-6.112. (a) Crop Production. The continuance or establishment of crop production activities on land within the urban services line is not limited by this title. (b) Grazing. Grazing operations shall not be established within the urban service line after the effective date of this title, except in an agriculture zone or a residential suburban zone where such 174 ITEM 3| 5/4/21 Zoning Text Amendments ZCH21-0004/ City of Atascadero operations are in conformity with the provisions of Section 9-6.112 or are located on sites of twenty (20) acres or larger. 9-9.102 General Definitions. Amend the definition of Agricultural Accessory Uses in AMC 9-9.102 as follows: Lot, corner: side and front. A corner lot is located immediately adjacent to the intersection of two (2) public vehicular rights-of-way, including railroads. The narrowest frontage of a corner lot facing the street is the front and the longest frontage facing the intersecting street is side, regardless of the direction in which the dwelling faces (see Figure 9-D). 175