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HomeMy WebLinkAboutPC Resolution 21-0006PC RESOLUTION 2021-0006 my 4 2021 I-- CITY OF ATASCADERO RESOLUTION OF THE PLANNING COMMISSION OF I (WING 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 NON- RESIDENTIAL 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, 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: follows: SECTION 1. Findings for Approval of a Zone Text Change. The Planning Commission finds as 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 Anderson, and seconded by Commissioner Schmidt, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Carranza, Hughes, McIntyre, Schmidt, van den Eikhof (7 ) NOES: None (0 ) ABSTAIN: None (0 ) ABSENT: None ( 0 ) ADOPTED: May 4, 2021 CITY OF ATASCADERO, CA Je en Eikhof Planning Commission Chairpers Attes"—z Phil Dunsmore, Planning Commission Secretary 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: U 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 followinL (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 rant 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. (ed) 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. 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 A 1!10!1 96.109 A g-ieultufal P,-... uce Stand A A A AUF A JR 96.117 Housing A - - - 9-6.107 Farm Animal Raisin A A A - AUR 9-6.112 14ei4io ltura Specialties A A - - - 9-6.116 Lay -go Seale A g 1\iT. nun etufing A CUP - - - 9-6.103 Livestock Specialties A QjP - - - 96.115 PeFsa is G..,,,abis (' 44 atio A A A A A 9-P Small Seale Ag Pr-eeessin. A A AUP AUP 9-6.409 Natural Resources and Processing Resource Extraction CUP CUP 9-6.147- 9.6-161 Residential Uses Multifamily Housing A 9-3.175 Manufactured Home/Mobile Home A A A A A 9-6.143 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 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 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 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: (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. A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit Agriculture/Residential CUP Conditional Use Permit Required Zones ❑ Not Permitted Permitted Uses By Zone Special Use A RS RSF LSF RMF Regulation(s) Residential Care, 7 Clients or CUP CUP CUP CUP 9-6.135 More RCFE – Assisted Living, 6 A A A A 9-6.135 Clients or Less RCFE – Assisted Laving, 7 CUP CUP CUP CUP 9-6.135 Clients or More RCFE – Independent Living CUP Center/Senior Apartments RCFE – Retirement Hotel CUP Transportation, Infrastructure and Communication Pipelines Utility CUP CUP CUP CUP CUP Infrastructure Utility Transmission A A A A A Facilities Wireless Communication CUP CUP CUP CUP CUP Facilities 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: (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. ( ) 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. ( ) Appearance Review. All projects shall be consistent with the multifamily design and landscape requirements of the Appearance Review Manual. ( ) 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. ( ) 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 A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Nonresidential Zones ❑ Not Permitted Permitted Uses By Zones Special Regulation(s CN CP CR CS CT CPK DC DO IP I ) Accessory Storage CUP CUP A4 CUP a A4 A4 A4 9-6.103 4 a Adult Day Care A A A CUP Facility Adult Oriented A A A A 9-16 Business Age Restricted CUP Housing Agricultural A A A A 9-6.117 Produce Stands Amusement A A A A A A Services Animal HospitalsCUP CUP A CUP 9-6.110 � Artisan Foods and A A A A5 A A Products ATM A A A A A A A A A A Auto Dealers (New and Used) and CUP CUP CUP CUP CUP 9-6.163 Supplies Auto Repair and CUP A A CUP A A 9-6.168 Services Bar/Tavern CUP CUP CUP A Bed and Breakfast CUP CUP CUP CUP Brewery — CUP CUP A A Production Broadcast Studios A A A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Nonresidential Zones ❑ Not Permitted Permitted Uses By Zones Special Regulation(s CN CP CR CS CT CPK DC DO IP I ) Building Materials and Hardware w/ outdoor sales or CUP CUP CUP CUP CUP CUP 9-6.165 storage area 10,000 sf or greater Building Materials and Hardware w/ outdoor sales or A A A A A A 9-6.165 storage area less than 10,000 sf Business Support A A A A A A A A Services Caretaker's Residence/ CUP CUP CUP Employee Unit Childcare Center A A A CUP 9-6.125 Churches and CUP CUP 9-6.121 Related Activities Collection Stations A4 A4 A4 A4 A4 A4 A4 A4 9-6.130 Contract Construction A A A A Services (Indoor) Contract Construction CUP CUP CUP Services (Outdoor) Data and Computer AUP AUP CUP A A Services Center Day Care Drive -Through CUP CUP CUP CUP CUP CUP 9-4.122 Sales or Services Eating and Drinking A A A A A A A A A A Places A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Nonresidential Zones ❑ 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 CUP CUP CUP CUP CUP sales area 10,000 sf or greater Farm Equipment and Supplies w/ outdoor storage or A A A A A sales area less than 10,000 sf Farmers' Market CUP CUP CUP CUP CUP A A Financial Services A A A A A A CUP A and Banks Fuel Dealer A4 CUP A4 A4 9-6.129 General Retail A4 A4 A4 A4 A4 A4 A4 General Retail Greater than 50,000 CUP CUP CUP CUP CUP CUP CUP sf Government Offices CUP A A A A A A A A A and Facilities 9 Health Care CUP A A A CUP A A Services 9 Horticultural Specialties w/ outdoor storage or CUP CUP CUP CUP CUP CUP CUP 9-6.116 sales area 10,000 sf or greater Horticultural Specialties w/ outdoor sales or A A A A A 9-6.116 storage area less than 10,000 sf Hotels, Motels CUP A A A CUP A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Nonresidential Zones ❑ Not Permitted Permitted Uses By Zones Special Regulations CN CP CR CS CT CPK DC DO IP I ) Indoor Recreation CUP CUP CUP A A CUP CUP CUP Services Kennels CUP A 9-6.111 Large Family Day CUP CUPS 9-6.125 Care a Large Scale Ag CUP CUP A 9-6.103 Manufacturing Laundries and Dry A A A A Cleaning Plants Laundromat/Coin- CUP CUP CUP CUP CUP CUP A A Operated Laundry Libraries, Museums A A A A A A Live/Work Unit Al Manufacturing and Processing — High CUP CUP AUP AUP Intensity' Manufacturing and Processing - Low CUP CUP A A A A Intensity Medical Extended Care Services: 6 CUP CUP CUP CUP CUP CUP 9-6.134 Residents or Less Medical Extended Care CUP 9-6.134 Services:' Resident s or More Medical Research CUP A A CUP A A Membership A A CUP CUP Organizations Microbrewery — A CUP A A A A A A A A Brewpub A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Nonresidential Zones ❑ Not Permitted Permitted Uses By Zones Special Regulation(s CN CP CR CS CT CPK DC DO IP l ) Mini -Storage CUP CUP A A Mobile Eating and A A A A A A A A Drinking Vendors' Mortuary Services Multifamily Clip CUP CUPz CUPZ A' Al Dwelling z z Offices CUP A A A A A A A 9 Outdoor Recreation CUP CUP A 9-6.123 Services Parking Lots AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP Parks and A A Playgrounds Personal Service A CUP CUP Restricted Personal Services A A A A A CUP A Printing and CUP CUP A4 A4 A4 Publishing Public Assembly CUP CUP A CUP CUP and Entertainment RCFE — Assisted CUP 9-6.135 Living RCFE— Independent CUP CUP CUP 9-6.135 Living/Senior Apartments RCFE — Retirement CUP CUP CUP 9-6.135 Hotel A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Nonresidential Zones ❑ Not Permitted Permitted Uses By Zones Special Regulations CN CP CR CS CT CPK DC DO 1P I ) Recreational A 9-6.180 Vehicle Parks Recycling and CUP CUP 9-6.131 Scrap Recycling Centers CUP CUP 9-6.132 Research and CUP A A CUP A A A Development Residential Care: 6 AZ AZ 9-6.135 Residents or Less Retail Sales— A CUP CUP Restricted Sales Lots CUP CUP CUP CUP 9-6.139 Schools A A A CUP CUP 9-6.125 Schools — Business A A A A CUP CUP CUP CUP 9-6.125 and Vocational Service Stations CUP CUP CUP CUP 9-6.164 Single -Family A' A' Dwelling Single -Room CUP 9-6.184 Small Family Day A8 A8 A8 A8 A8 Care Social and Service A A A Organizations Sports Assembly CUP CUP A Storage, Recycling and Dismantling of CUP A A 9-6.131 Vehicles and Material Tasting Room A CUP A A A A A A A A Notes: (These notes apply only to Table 3-2). 1 Residential uses allowed only on second and third floors. If a project is required to 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). A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Nonresidential Zones ❑ Not Permitted Permitted Uses By Zones Special Regulation(s CN CP CR CS CT CPK DC DO IP I ) Telecommunication CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Facility Temporary Events A/ A/ A/ A/ A/ A/ A/ CUP CUP CUP CUP A A 9-6.177 CUPS CUPS CUPS CUP3 3 3 Temporary Offices A A A 9-6.176 Temporary or A A A A A A A A A 9-6.174 Seasonal Sales Transit Stations CUP CUP A CUP CUP CUP CUP CUP Utility Facilities CUP CUP CUP CUP CUP CUP CUP CUP Utility A A CUP A A A CUP CUP A A Infrastructure Vehicle and Equipment Storage A CUP A4 A4 9-6.183 (Indoor)' Vehicle and CUP CUP Equipment Storage CUP 4 9-6.183 (Outdoor)4 Vehicle and Freight CUP CUP CUP Terminals Warehousing CUP CUP A A Wholesaling and AUP AUP A4 A' A' A' Distribution Center4 Winery — Boutique A4 A4 A4 A4 A4 A4 A4 Winery — CUP CUP A4 A4 Production Notes: (These notes apply only to Table 3-2). 1 Residential uses allowed only on second and third floors. If a project is required to 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 RIII)+F Zones. A Allem-ed Use, Zoning r-1 ea famee Required cow-«�.-���=��=R.r-t�:�-� CUP (';..kris nal Use Permit ae, uiyed Aa ru n,l,...e r rye -P r..,:t R@gU:.e,l Por-mUtod 11 es By Zqfies- spe6fll Use Reg;latio w la 08 A eeeseer.. Storage iA A - 9 6.103 Adult Day Ga fe F e;l;ty CUP - A..r;..ultu-el Accessory Uses _ A A. e„t son,jeesA C� - Animal l4ospitals; C -1;p - - A sed- and- pw.-eakfast Art Cemeteries CUP Ci4p - - Ch:l.ieere renter_ �i�D _96.125 !'hmryheg and Delete.l Ao#iy;t: E Ec"Mr-Mr-M! M EW .............. ....... . . ... I �1111 M or-T-"jmnr.rm ........... .......... . ..... MIX, "MMMME .... . . IV, ............ omr2f.r.um.9 -am �-.. J-�Mrrmmmg 0!!.Bvmum. .... ...................... I ......... P-NiFZones AA1L..A oA Use 7....2.... Gjea,-....c- � CTTP C-An,l;t;T�e Der..,;r De.. real A7(U A.d...:.,: qtr.,+;.,e T?'.e Pe --:j D--;-1 Permitted U es By Zo es 1 1 C.. .. v �p�'c.vrfc Te.r.,...rar., Dwelling -A - 6.176 A 9 6.177 Temporary Offlee.. _ _ - Tr.. ..;�.f GWcop //--+-A - Utility Facilities A A A T lt:l:t., T..f estr....t..re CUP CUP Q -4p CUP 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 dwellingunits 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 Public Zones A Allowed Use Zoning Clearance Required CUP Conditional Use Permit Reguired AUP Administrative Use Permit Required ® Not Permitted Permitted Uses By Zones Snecial Use L LS P OS Re2ulationls) Accessory Storage A A 9-6.103 Adult Dav Care Facilitv AS,ricultural Accessory Uses _ Amusement Services Animal Hospitals ATM Bed and Breakfast Broadcast Studios A Caretaker's Residence/Emplovee Unit CUP _ )-6.184 Cemeteries CUP CUP CUT Childcare Center CUT 9-6.125 Churches and Related Activities cul 9-6.121 Collection Stations A A A 9-6.130 Day Care Eating and Drinking Places CUP CUP _ Farmers' Market A A Government Offices and Facilities Health Care Services "UT' Home Occupation Horticultural Specialties CLP Hotels. Motels CUP Indoor Recreation Services CUP CUP Libraries. Museums Medical Extended Care Services: 6 Residents or Less Medical Extended Care Services: 7 Residents or More CUT >-6.134 Membership Organizations _ CUP Mini-Storage CUP Mortuary Services CUP 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 L LS P OS Rep_ulation(s) Outdoor Recreation Services CUP 9-6.123 Parking Lots A Parks and Plav rounds A A A Recreational Vehicle Parks CUP CUP CUP 9-6.180 Residential Accessory Uses 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 Dwelline A CUP Sports Assemble CUP Telecommunication Facilities CUP CUP CUP Temporary Dwelling _ A 9-6.176 Temporary Events 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 9-3.500 Definitions. Amend the following land -use definitions in AMC 9-3.500 as follows: Agricultural Accessory Uses. Residential accessory uUses that are ^•mafily-part of small-scale and/or hobby agricultural activities incidental to the primary residential use of the properth including structures that are designed to house farm implements, hay, grain, poultry, livestock, or other horticulture products, ineluding noneemmefeial gfeenhouse that afe ineidental and seeendafy te a Fesidential 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 tliiin 3t� lay �, 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 often (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 4weefive (35) 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. (4 3) Common Wall Development. Any two (2) dwelling units, and/or their accessory garages, may be constructed on adjoining lots without setbacks between them provided that: (i) The setback has been eliminated through subdivision map or conditional use permit approval; (ii) A common wall or party wall agreement, deed restriction or other enforceable restriction has been recorded; (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. (� 1) 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 twen -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 subiect to Section 9- -8. 9-4.113 Height limitations. The maximum height for new structures is as follows: (a) Limitation by Zone. Zone Maximum Height A, RS, RSF, LSF 30 feet CN, CP, CR, CS, CT 35 feet CPK, IP, I 45 feet LS, L, P 35 feet Zone Maximum Height RMF �A35 feet (not too eed 2 s*^r-i e^` (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. (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 fo!iy (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 followin 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. (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 oven 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. 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. Feneing and ser-eening materials shall be ffleasur-ed ff-e . the fi ffis e rade of the uphill let 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 heir (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 (3 6) 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. 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 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. (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` feet 1 igh solid wood e f nee e - idtin a building. the outdoor storage of scrams 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. (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 onap rcels 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. (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 wee-emplo�er_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 (I 10) 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. (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 aN 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 9-6.13112. (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 fifthpercent ,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 (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. (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 a icultural 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 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. (4) Ovine. None. (5) Poultry. All „1+,-y shall be eaf4ained ; eeops or peas and not be allowed to « H fee El The maximum number of poultry allowed on any parcel is forty (40) (te (1)regardless of animal equivalency units). A greater- n,,.. ber of po,,1,..., astkute a ,Mike r-aneh and shall be subj eet to (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 gfeater number- of rabbits eenstiwte a rabbit fann end shall be stibjeet to Seaien 9 (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) (€euF (4) regardless of animal equivalency units . (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 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 retaulations of this section and may occur regardless of establishment of a primary use. 9-6.113 uses(Reserved). This seetion applies to er-op pr-oduetion and gfazing aetivities when loeated within the ar-ban sel=�,iees line. This seetion- d-A-eas not apply to the keeping of animals fof! peFSORal use, whieh is ineluded undef _ - .�if�!mei:�sz��ers!77�llexs!te!�s!�s5. 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 „ est frontage of a , e - lot f6eing the P'Jt,tlkb 9-1). U'DPONCK IAYJ'A.%P KXY LOT