HomeMy WebLinkAboutPC Resolution 2022-0011a
PC RESOLUTION 2022-0011 `�Sq
�,i1G ?- 2022
CITY OF ATASCA®ERO
RESOLUTION OF THE PLANNING COMMISSION OF WMING
CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY
COUNCIL AMEND SECTIONS OF TITLE 9 PLANNING & ZONING, FOR
CONSISTENCY WITH ADU AND UDU REGULATIONS
ZONING CODE UPDATE
(ZCH21-0006)
WHEREAS, an application has been initiated by the City of Atascadero (6500 Palma Ave.,
Atascadero, CA 93422), to consider Zone Change Text Amendments to Title 9; and
WHEREAS, the State of California has adopted Government Code Sections 65852.2 and
65852.21 which mandates that cities update and adopt standards and requirements related to
accessory dwelling units and urban dwelling units; and
WHEREAS, the City recognizes opportunities to implement policies and programs of the
Atascadero General Plan housing element providing for, and regulating, expanded housing
opportunities for all persons within the community, and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact amendments to Title 9 Planning and Zoning of the Atascadero Municipal Code for
consistency with the General Plan and new state laws related to urban dwelling units and accessory
dwelling units 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,
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Atascadero, California makes the following findings, determinations and recommendations with
respect to the proposed Zoning Code Text Amendment:
SECTION 1. Findings for Approval. The Planning Commission finds as follows:
A. Findings for Zone Text Amendment:
1. FINDING: The Planning and Zoning Text Change is consistent with General Plan
policies and all other applicable ordinances and policies of the City.
FACT: The proposed zoning code text updates an existing chapter for consistency
with State law. The updates are consistent with the City's recently adopted Housing
Element and are intended to implement Government Code Sections 65852.2 and
65852.21.
2. FINDING: This Amendment of the Zoning Ordinance will provide for the orderly
and efficient use of lands where such development standards are applicable.
FACT: The proposed text contains provisions that address the unique characteristics
of Atascadero and provide for safe and orderly development of Urban, Accessory,
and Junior Accessory dwelling units consistent with State law.
3. FINDING: The Text Change will not, in itself, result in significant environmental
impacts.
FACT: The State of California does not recognize urban, accessory, or junior
accessory dwelling units are primary units for the purposes of determining density. In
addition, the City has included standards to ensure that groundwater and fire safety
impacts are mitigated.
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 8-2-22 resolved to recommend that the City Council
introduce for first reading by title only, an Ordinance that would make amendments to Title 9 of
the Atascadero Municipal Code, consistent with the following:
EXHIBIT A: Municipal Code Updates: Title 9
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, Heath, Hughes, Keen
(5)
NOES: None (0)
ABSTAIN: Schmidt
(1)
ABSENT: van den Eikhof (1)
ADOPTED: 8/2/2022
CITY OF ATASCADERO�A
Jeffen Eikhof
Planning Commission Chai on
Attest:
Phil Dunsmore
Planning Commission Secretary
EXHIBIT A
Article 5. Land Use Definitions
9-3.490 Purpose.
This article contains descriptions of the types of land uses which can be
established in the various zones. The uses described here are allowed in the various
zoning districts established. The descriptions of land uses are intended only to list the
various land uses included under each general heading and do not explain what permit
requirements or performance standards may be applicable to a given use. If a use here
within is not defined in this section, or in other provisions of the City of Atascadero
Municipal Code, the Community Development Director shall determine the correct
definition.
9-3.500 Definitions.
As used in Title 9, the following terms and phrases shall have the meaning
ascribed to them in this section, unless the context in which they are used clearly
requires otherwise.
A. Definitions "A"
Accessory Storage. The indoor or outdoor storage of various materials on the
same site as a principal building or land use which is other than storage, which supports
the activities or conduct of the principal use. Outdoor accessory storage is limited to
10% of the floor area of the principal building in accordance Section 9-6.103.
Adult -Oriented Business. Any business defined by Chapter 19 of Title 9 in the
Atascadero Municipal Code, or subsequent code section, as an adult arcade, adult
bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion
picture theater, adult theater, massage parlor (excluding State -licensed massage
therapy), sexual encounter establishment, or nude model studio is an adult-oriented
business.
Age Restricted Housing. Residential multifamily or single-family units that restrict
occupancy based on age. This use typically consists of senior housing which restricts
age for fifty-five (55) and older.
Agricultural Accessory Uses. Residential accessory uses that are part of small-
scale and/or hobby agricultural activities incidental to the primary residential use of the
property, including structures that are designed to house farm implements, hay, grain,
poultry, livestock, or other horticulture products. This does not include garages,
workshops, or other similar residential accessory structures for nonagricultural uses.
Agricultural Produce Stands. Open structures for the retail sale of agricultural
products (except hay, grain and feed sales which are included under "Farm Equipment
and Supplies") which are grown on the site in residential or agriculture zones. This does
not include farmers' markets or "seasonal sales" located in nonresidential zoning
districts, defined under "temporary sales."
Agriculture Employee Housing. Includes single-family dwellings, or other lodging
accommodations provided as a part of farming operations, as regulated under the
California Health and Safety Code, employees on land owned by the owner of the
building site on which the lodging is located.
Amusement Services. Establishments providing indoor amusement,
entertainment, or personal enrichment services on payment of a fee or admission
charge, such as: arcades and coin-operated amusements; dance halls, and ballrooms
which are principal uses rather than being subordinate to an eating or drinking place;
health and exercise facilities including yoga, dance, martial arts and similar small
studios that do not include courts or similar facilities; and music and arts and crafts
instruction. Athletic facilities with basketball, racquetball or similar indoor participation
sports are classified as "indoor recreation services." Card rooms, billiard and pool halls
as a primary use are classified as "Personal services -restricted."
Animal Hospitals. Establishments primarily engaged in performing services for
animals, including veterinary services and animal hospitals. Does not include kennels,
which are listed as a separate category.
Artisan Foods and Products. An establishment that specializes in artisan food
production, art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted
items, where the facility includes a retail component.
Auto Dealers (New and Used) and Supplies. Retail and wholesale trade
establishments selling new and used automobiles, including, but not limited to, light
trucks (US DOT Class 1, 2, and 3), boats (FBSA Class A and Class 1 boats (under
twenty-six (26) feet in length)), recreational vehicles, recreational/utility trailers,
motorcycles and mopeds. Also includes establishments selling new parts and
accessories within a building for the above. Does not include establishments dealing
exclusively in used parts. Includes automobile repair shops only when maintained by
establishment engaged in the sale of vehicles on the same site. Does not include
"service stations," which are separately defined.
Auto Repair and Services. Service establishments primarily engaged in the
repair, alteration, painting, washing or waxing of automobiles, and lube services. May
also include rental of cars, trucks or trailers; leasing of cars and trucks. Does not include
repair shops which are subordinate to and maintained by a vehicle dealership.
Automated Teller Machine (ATM). Computerized, self-service machines used by
banking customers for financial transactions, including deposits, withdrawals and fund
transfers, without face-to-face contact with financial institutions personnel. The
machines may be located at or within banks, or in other locations.
B. Definitions "B"
Bar/Tavern. Establishments where alcoholic beverages are sold for on-site
consumption, which is not part of a larger restaurant. Includes bars, taverns, pubs, night
clubs, and similar establishments where any food service is subordinate to the sale of
alcoholic beverages. Does not include adult entertainment businesses or uses defined
under microbreweries or tasting rooms.
Bed and Breakfast. Transient lodging establishments primarily engaged in
providing overnight or otherwise temporary lodging for the general public. Such
establishments provide limited meal service, generally breakfast, for lodgers.
Brewery — Production. An establishment which produces ales, beers, meads,
hard ciders, and/or similar beverages on-site. Production breweries are classified as a
use which requires a Class 01 type licensure from Alcohol Beverage Control (ABC).
Breweries may also serve beverages on-site, and sell beverages for off-site
consumption in keeping with the regulations of the Alcohol Beverage Control (ABC) and
Bureau of Alcohol, Tobacco, and Firearms (ATF).
Broadcasting Studios. Commercial and public communications uses including
radio, television broadcasting and receiving stations and studios with facilities entirely
within buildings. Does not include antennas and towers, which are defined under
"telecommunications facilities."
Building Materials and Hardware. Retail trade establishments primarily engaged
in the sale of lumber and other building materials, including paint, wallpaper, glass,
hardware, nursery stock, lawn and garden supplies. Includes all such stores selling to
the general public, even if sales to contractors account for a larger proportion of total
sales. Establishments primarily selling plumbing, heating, and air conditioning
equipment and electrical supplies are classified in "wholesaling and distribution
centers."
Business Support Services. An establishment or business located entirely within
a building that is open to customer visitation and with limited or no storage, which
provides services to other business including, but not limited to:
Blueprinting and reprographics, copying and quick printing services;
Computer related services, repair and rental;
• Private mail and mailbox service not affiliated with federal mailing agency;
• Co -working spaces, incubator -type services that provide office -type working
spaces for a fee.
C. Definitions "C"
Caretaker Residence/Employee Unit. A permanent residence that is secondary
or accessory
to the primary use of the property, and used for housing a caretaker employed on the
site of any nonresidential use where a caretaker is needed for security purposes or to
provide twenty-four (24) hour care or monitoring of plants, animals, equipment, or other
conditions on the site. Does not include housing for caretaker -type employees in the
Agriculture Zone which is defined as "agriculture employee housing."
Cemeteries. Interment establishments engaged in subdividing property into
cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries
and cemetery, mausoleum and columbarium operations. Excludes funeral parlor and
related facilities which are listed under "mortuary services."
Churches and Related Activities. Religious organization facilities operated for
worship or for promotion of religious activities, including churches and religious Sunday -
type schools. Other establishments maintained by religious organizations, such as
educational institutions, hospitals and other operations that may be considered
commercial in nature if not run by the religious organization (such as a recreational
camp) are classified according to their respective activities.
Collection Stations. Facilities for the temporary accumulation and storage of
recyclable discarded materials, which are subsequently transported to recycling centers
or solid waste disposal sites for further processing. Does not include automobile
wrecking yards or any recycling processing facilities, which are listed under "recycling
and scrap." Does not include temporary storage of toxic, mutagenic or radioactive waste
materials.
Common Interest Development. A -ommon interest development is a real
property development where property owners share a common set of financial
obligations, property and easement rights established in a set of recorded
restrictions (commonly referred to as "CC&Rs"). Common interest developments may
include but are not limited to condominiums, planned developments, stock cooperatives.
and small lot single family and multi -family developments along with commercial or mixed-
use developments.
Contract Construction Services (Indoor). Office uses with or without indoor
storage facilities operated by, or on behalf of, a building contractor, exterminator,
janitorial service or similar. Can include the indoor storage of materials used for repair
and maintenance of contractor's own equipment and for use by the contractor. All uses
must be located within an approved, permitted building. Outdoor storage of construction
related vehicles, fleet, or accessory storage (other than an approved parking lot for
employees or fleet vehicles) is limited to ten percent (10%) of the floor area of the fully
enclosed building utilized for the business.
Contract Construction Services (Outdoor). Office uses with outdoor facilities
operated by, or on behalf of, a building contractor, exterminator, janitorial service, or
similar. Outdoor uses may include storage of large equipment, vehicles, and/or other
materials commonly used in the individual contractor's type of business and can include
the storage of materials usqd for repair and maintenance of contractor's own
equipment. May also include accessory buildings or structures for uses by the
contractor. An on-site office building is required. All applicable development standards
listed in the code as well as standards for outdoor storage uses must be met.
D. Definitions "D"
Data and Computer Services/Center. A use where the majority of the space is
occupied by computers and/or related equipment and where information is processed,
transferred, and/or stored (also commonly referred to as "server farms.)" Data and
computer services/centers may contain data technology centers, internet service
providers (ISPs), network operation centers, web hosting facilities and other similar
establishments primarily engaged in providing direct access through telecommunication
networks to computer -held information.
Day Care. Facilities that provide nonmedical care and supervision of individuals for
periods of less than twenty-four (24) hours. These facilities include the following, all of
which are required to be licensed by the California State Department of Social Services
or successor agency. Day care uses include the following:
• Child Care Center. Child day care facilities designed and approved to
accommodate fifteen (15) or more children. Includes infant centers, nursery
schools, preschools, sick -child centers, and school-age day care facilities. These
may be operated in conjunction with a school or church facility, or as an
independent land use.
• Large Family Day Care Home. As provided by Health and Safety Code
Section 1596.78 or successor provision, a home that regularly provides care,
protection, and supervision for seven (7) to twelve (12) children, including up to two
(2) children under the age of ten (10) years who reside in the home, for periods of
less than twenty-four (24) hours per day, while the parents or guardians are away.
• Small Family Day Care Home. As provided by Health and Safety Code
Section 1596.78 or successor provision, a home that provides family day care for
six (6) or fewer children, including two (2) children under the age of ten (10) years
who reside in the home.
• Adult Day Care Facility. A day care facility providing care and supervision for
adult clients.
Drive -Through Sales or Services. A facility where food or other products may be
purchased or where services may be obtained by motorists without leaving their
vehicles. Examples of drive-through sales facilities include fast-food restaurants, drive-
through coffee, photo -stores, pharmacies, etc. Examples of drive-through service
facilities include drive-through bank teller windows, automated teller machines (ATM),
dry cleaners/laundromats, etc., but do not include service stations or other vehicle
services, which are separately defined.
E. Definitions "E"
Eating and Drinking Places. Restaurants and other establishments selling
prepared foods and drinks for consumption on the premises, as well as facilities for
dancing and other entertainment which are secondary and subordinate to the principal
use of the establishment as an eating and drinking place. Also includes lunch counters
and refreshment stands selling prepared goods and drinks for immediate consumption.
Restaurants, lunch counters, and drinking places operated as subordinate service
facilities within other establishments are not included here unless they are operated as
leased departments by outside operators. Does not include establishments with drive-
through facilities or uses defined under adult-oriented business.
EV Charging Site. Electric Vehicle (EV) charging site includes level one, level two,
and level three charging sites that are an accessory use to a primary use, such as a
parking lot, building, or multifamily residence. These charging sites are incidental uses
and may or may not charge a fee for use. Does not include stand-alone EV charging
station as defined in "service stations."
F. Definitions "F"
Farm Animal Raising. The keeping, feeding or grazing of animals as an
avocation, hobby, or school project, subordinate to the principal residential use of a
property, includes species commonly considered as farm animals as well as exotic
species, but does not include household pets. This includes the raising or feeding of
beef cattle, sheep and goats by grazing or pasturing. Does not include uses defined as
"livestock specialties."
Farm Equipment and Supplies. Establishments primarily engaged in the sale or
rental of agricultural machinery and equipment for use in the preparation and
maintenance of the soil, the planting and harvesting of crops, and other operations and
processes pertaining to work on the farm; also dairy and other livestock equipment
including trailers. Includes agricultural machinery, dairy farm machinery and equipment,
irrigation equipment, poultry equipment and frost protection equipment; hay, grain and
feed sales.
Farmers' Market. The temporary and intermittent use of a public or private
property for the outdoor sales of food and farm produce in compliance with California
Food and Agriculture Code Section 1392 et seq., and artisan products or similar
farmers' markets products that include multiple sales vendors.
Financial Services. Service establishments primarily engaged in the field of
finance, including: banks and trust companies; credit agencies other than banks;
brokers and dealers in securities and commodity contracts; security and commodity
exchanges; holding (but not predominantly operating) companies; and other investment
companies.
Fuel Dealers. Retail trade establishments primarily engaged in the sale to
consumers of liquefied petroleum gas (LPG), propane, bottled or other fuels in bulk.
Does not include accessory uses as part of a service station.
G. Definitions "G"
General Retail. Stores and shops selling either many lines of merchandise, or
specialized type of merchandise, where the retail sales are conducted primarily within a
building. Examples include, but not limited to:
• Antique stores, second hand stores, jewelry stores, hobby materials, specialty
stores;
Art galleries, art supplies, collectibles, hobby materials;
Bicycles, toys, games, sporting goods and equipment;
• Department stores, drug stores, pharmacies, supermarkets, groceries stores,
specialty food markets, membership warehouse clubs;
Florists, house plant stores (indoor sales), small house wares;
• Home furniture stores, consumer electronic/audio visual goods, bookstores,
home and/or office appliance stores (excludes wholesale sales not open to the
general public);
New clothing, shoes, and accessory retail stores,
Stationery, dry goods, fabric stores and sewing supplies, and variety stores;
• Stand-alone convenience markets (excludes fuel sales), warehouse retail
stores, building supply hardware stores where outdoor sales are limited to under
ten thousand (10,000) square feet.
Pawn shops and retail stores that sell smoking, tobacco and vaping products as
the primary use are included in "retail sales—restricted."
Government Offices and Facilities. Administrative, clerical, or public contact
and/or service offices of recognized local, state, or federal agencies. Includes post
offices, City Hall, municipal corporation yards, etc.
H. Definitions "H"
Health Care Services. Service establishments primarily engaged in furnishing
medical, mental health, surgical and other personal health services including: medical,
dental, and psychiatric offices (mental health) related services, including various types
of counseling practiced by licensed individuals other than medical doctors or
psychiatrists, medical and dental laboratories; outpatient care facilities; and allied health
services. Associations or groups primarily engaged in providing medical or other health
services to members are included. Also includes hospitals and similar establishments
primarily engaged in providing diagnostic services, extensive medical treatment
including surgical and other hospital services; such establishments have an organized
medical staff, inpatient beds, and equipment and facilities to provide complete health
care. Nursing homes and similar long-term personal care facilities are classified in
"residential care."
Home Occupations. The gainful employment of the occupant of a dwelling, with
such employment activity being subordinate to the residential use of the property.
Horticultural Specialties. Businesses engaged in the production of ornamental
plants, tree farms, and other products, grown under cover or outdoors. Also includes
establishments engaged in the sale or on-site production of such product.
Hotels, Motels. Commercial transient lodging establishments, including hotels,
motor hotels, motels, tourist courts, or cabins, primarily engaged in providing overnight
or otherwise temporary lodging for less than 30 -days, with or without meals, for the
general public. Such establishments shall not provide kitchen facilities in more than
twenty-five percent (25%) of the units.
I. Definitions "I"
Indoor Recreation Services. Facilities for various indoor sports and recreation,
including: bowling alleys, ice skating and roller skating; gymnasiums, health and athletic
clubs; tennis, handball, racquetball and similar indoor sports; shooting and archery
ranges; recreation and community centers. Smaller fitness studios without courts are
classified as "amusement services."
J. Definitions "J"
Kennels. A lot, building, structure, enclosure or premises where four (4) or more
dogs or cats (four (4) months of age or older) are kept or maintained, including the
keeping of such animals for sale, for commercial breeding or for lodging and care. Does
not include dogs and cats kept for noncommercial purposes.
L. Definitions "L"
Large Scale Ag Manufacturing. The large scale processing of agriculture
products subsequent to their harvest, with the intent of preparing them for market or
further processing including: alfalfa cubing; hay baling and cubing; corn shelling; drying
of corn, rice, hay, fruits and vegetables; grain cleaning and custom grinding; custom
grist mills; custom milling of flour, feed and grain; sorting, grading and packaging of
fruits and vegetables, tree nut hulling and shelling; cotton ginning; and wineries in
excess of one thousand (1,000) square feet in total use area. This does not include the
growing, harvesting, and production of medical marijuana, or legally approved uses of
marijuana by either the State of California or Federal Government.
Laundries and Dry Cleaning Plants. Service establishments primarily engaged in
high volume laundry and garment services, including: power laundries (family and
commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial
laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or
dry cleaning pickup stores without dry cleaning equipment, which are classified in
"personal services."
Laundromat/Coin-Operated Laundry. Facilities providing washing and drying
machines for use by customers for a fee as a primary use. Dry cleaning pick-up stores
are classified as "personal services."
Libraries, Museums. Permanent public or quasi -public facilities generally of a
noncommercial nature such as libraries, museums, art exhibitions, planetariums,
aquariums, botanical gardens, arboretums and zoos. Also includes historic sites and
exhibits.
Livestock Specialties. Agricultural establishments primarily engaged in
commercial livestock keeping or feeding as a principal land use which, because of
operational characteristics, may generate dust, odors or visual impacts which could
have an adverse effect upon adjacent properties. Such uses include dairies, chicken,
turkey and other poultry farms, animal specialties (such as rabbit farms and other fur -
bearing animals); other specialties such as bee farms, aviaries, worm farms, etc.
LiveMork Units. An integrated housing unit and working space, occupied and
utilized by a single household in a structure, either single-family or multifamily, that has
been designed or structurally modified to accommodate joint residential occupancy and
work activity, and which includes:
• Complete kitchen space and sanitary facilities in compliance with the Building
Code;
• Working space reserved for and regularly used by one or more occupants of
the unit;
• Working space includes uses that are permitted within the zoning district.
M. Definitions "M"
Manufacturing, Repair, and Processing — High Intensity. A facility or
establishment that accommodates manufacturing processes that involve and/or produce
building materials, fabricated metal products, machinery, and other similar
manufacturing uses, where the intensity or scale of operations is determined to be
greater than those classified under "manufacturing and processing — low intensity," but
where impacts to surrounding neighborhoods, businesses, and the community may
cause a significant impact. Uses may have an indoor setting, however uses may also be
conducted outdoors. Examples of manufacturing and processing uses that are
considered high-intensity include the following, but are not limited to:
• Machinery manufacturing that makes or process raw materials into products;
• Metal fabrication and welding shops engaged in the production and/or
assembly of metal, and other similar metal shops;
• Manufacturing that cuts, shapes, and/or finishes building materials used in
home or nonresidential construction;
• Chemical product manufacturing that produces or uses basic chemicals and
other establishments creating products predominantly by chemical processes;
• Product manufacturing that produces bulk concrete, asphalt, and other paving
materials;
• Paving and roof materials manufacturing of various common paving and
petroleum-based roofing materials including bulk asphalt, paving blocks made of
asphalt, creosote wood, and various compositions of asphalt and tar;
Plastics, other synthetics and rubber manufacturing;
• Primary metal industries engaged in smelting, refining of ferrous and
nonferrous metals;
Other similar heavy intensive uses.
Manufacturing, Repair, and Processing — Low Intensity. A facility or business
that engages in the assembly, fabrication, and conversion of already processed raw
materials into products, where the operational characteristics of the manufacturing
process and the materials used are unlikely to cause significant impacts to the existing
surrounding neighborhood or businesses in a indoor setting. Examples of manufacturing
and processing uses that are considered low intensity include the following, but are not
limited to:
• Artisan manufacturing and production where no retail component exists;
• Production, assembly, and/or repair where no raw materials are
manufactured;
• Production and assembly of precision electronics and scientific instruments,
including on-site offices;
• Producing or processing of foods and beverages for human consumption
where no retail component exists and does not include noxious odors or excessive
noise and no slaughter occurs on-site;
Repair and service of small consumer products;
• Small scale manufacturing where assembling and/or manufacturing is
completed by hand or precision tools;
• Small product manufacturing not classified in another major manufacturing
group.
Medical Extended Care Services. Residential facilities providing nursing and
health-related care as a primary use with in-patient beds. Examples of these uses
include: board and care homes, convalescent and rest homes; extended care facilities;
and skilled nursing facilities. Long-term personal care facilities that do not emphasize
medical treatment are included under "residential care."
Medical Research. Establishment related to medical and/or dental research,
testing and analysis, including but not limited to trial and clinical research. Biomedical
and pharmaceutical research and development facilities are not included in this
definition. Medical research does not include the storage or use of quantities of
hazardous materials nor any toxic gas. Additionally, medical research may include
storage and use of etiological (biological) agents up to and including Risk Group 2 or
Bio Safety Level 2 (Center for Disease Control). Typically uses are a part of a campus -
like setting such as a business park or stand-alone building.
Membership Organizations. Organizations operating on a membership basis for
the promotion of the interests of the members, including: business associations;
professional membership organizations; labor unions and similar labor organizations;
civic, social and fraternal organizations (not lodging); political organizations and other
membership organizations.
Micro-Brewery/Brewpub. An establishment that produces ales, beers, meads,
hard ciders/and or similar beverages to serve on-site. Sale of beverages for off-site
consumption is also permitted consistent with the regulations of the Alcohol Beverage
Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Food service for
on-site consumption is allowed as an ancillary use. Brewpubs and microbreweries are
considered small operations consistent with ABC license type 23, 40, or 42 or State
similar licensures.
Mini -Storage. Buildings containing individual storage areas rented or leased to the
general public. Does not include warehousing or exterior storage facilities.
Mixed -Use Development: A development that allows for the use to be separated
vertically, with commercial land uses on the ground floor and residential uses above the
ground floor. Mixed use development within a commercial district shall dedicate at least
40% of all floor area solely to commercial land uses in accordance with the applicable
commercial zoning. Residential land uses within a commercial district are subject to
compliance with allowed density and shall not be an allowed land use on the ground floor.
Mobile Eating and Drinking Vendors. Any vehicle, wagon, or pushcart that is
self-propelled or can be pushed/pulled down a street or sidewalk, on which food is
displayed, prepared, or processed for the purpose of selling food or drinks to a
consumer.
Mobile Home/Manufactured Home. A modular structure that is transportable in
one or more sections, that is certified under the National Manufactured Housing
Construction and Safety Standards Act of 1974, is tied down to a permanent foundation
with wheels removed and skirted. A mobile home on a permanent foundation is
considered a single -family dwelling.
Mobile Home Park. Any site that is planned and improved to accommodate two
(2) or more mobile homes used for residential purposes, or on which two (2) or more
mobile homes, as the term "mobile home" is defined in California Civil Code Section
798.3 or successor provision of the California Mobilehome Residency Law, for
nontransient use, are rented, leased, or held out for rent or lease, or were formerly held
out for rent or lease and later converted to a subdivision, cooperative, condominium, or
other form of resident ownership, to accommodate mobile homes used for residential
purposes.
Mortuary Services. Establishments with facilities for the preparation of the dead
for burial, cremation and for the holding of funeral observances and services. Accessory
facilities may include a cemetery, columbarium or mausoleum. Includes.. funeral homes
and parlors, mortuaries and related facilities.
Multiple -Family Dwelling. Two (2) or more primary attacher dwelling units
located on a single lot within a residential zoning district, each occupied by a single
housekeeping unit; includes buildings or groups of buildings designated as apartments,
duplexes, triplexes and condominiums, but not including metelc, hetets-, dormitories, or
RV parks as herein defined. Also includes transitional housing -I-,supportive housing
and ciRgle rOnm Gnnnr aRGy housi g where people live as independently as possible
with the assistance of social services tailored to each person's needs as defined in
Section 9-9.102 of the Zoning Ordinance. This also does not include shy
accessory dwelling units -)r urban dwelling units On family zeniRg distrin+c
N. Definitions "N"
O. Definitions "O"
Offices. Establishments engaged in performing a service in a professional office
including: engineering, architectural and surveying services, real estate agencies;
noncommercial educational, scientific and research organizations; accounting, auditing,
and bookkeeping services; authors, writers, artists, etc.; advertising agencies;
photography studios and small commercial art studios; employment agencies and
stenographic services; reporting services; data processing and computer services;
management, public relations, and consulting services; detective agencies and other
similar professional services; attorneys; and counseling services provided by individuals
other than licensed psychiatrists, which are included under "health care services."
Organization Houses. Residential lodging houses operated by membership
organizations for the benefit of their constituents and not open to the general public.
Also includes fraternity and sorority residential houses and religious residential retreats.
Outdoor Recreation Services. Facilities for various outdoor sports and
recreation, including: amusement and kiddie parks; golf courses, golf driving ranges and
miniature golf courses; skateboard parks; go-cart and miniature auto race tracks; tennis
courts, swim and tennis clubs and facilities, play lots, playgrounds and athletic fields;
recreation and community centers.
P. Definitions "P"
Parking Lot. An open area, excluding a street or other public right-of-way, for the
exclusive use of parking as a primary use for automobiles and available to either the
public or patrons of adjacent buildings or structures. Parking lots can either.be free for
use, or may charge a fee for compensation. Long-term parking and storage of
inoperable vehicles is classified in "vehicle and equipment storage."
Parks and Playgrounds. A public outdoor recreational facility that may provide a
variety of recreational activities including playground equipment, open space areas for
passive recreation including hiking and biking trails, zoos, picnicking, and sport and
active recreation facilities dedicated for use to the public.
Personal Cannabis Cultivation. As defined by Chapter 9-17.
Personal Services. Service establishments primarily engaged in providing
nonmedical services as a primary use and may include accessory retail sales of
products related to the services provided. These uses include the following: beauty
shops (includes permanent makeup when less than ten percent (10%) of overall sales),
barber shops, day spas and massage therapy where each massage therapist is
certified/licensed by a State -recognized organization, shoe repair shops, dry cleaning
pickup stores, clothing rental, tailors, tanning salons, pet grooming services, nail salons,
and other similar uses.
Personal Services—Restricted. Service establishments that may have a blighting
and/or deteriorating effect upon the surrounding area which may need to be dispersed
in order to minimize their adverse impact. Examples of these uses include, but are not
limited to, the following: check cashing and/or payday/same day loans; fortunetellers,
psychics; palm, tarot and card readers; card rooms, billiard and pool halls as a primary
use; tattoo and body piercing services; and hot tubs and saunas that are not an
accessory to a permitted use.
Printing and Publishing. An establishment engaged in printing letter press,
lithography gravure, screen offset or electrostatic copying and other establishments
serving the printing trade such as bookbinding, typesetting, engraving, photoengraving,
and electrotyping. The use also includes establishments that publish newspapers,
books, and periodicals; establishments manufacturing business forms and binding
devices. "Quick printing" services are included in the definition "business support
services."
Public Assembly and Entertainment. Facilities for public assembly and group
entertainment such as: public and semi-public auditoriums; exhibition and convention
halls; civic theaters and meeting halls; motion picture theaters; legitimate theater
facilities for live theatrical presentations or concerts by bands and orchestras;
amphitheaters; meeting halls for rent and similar public assembly uses.
Q. Definitions "Q"
R. Definitions "R"
Recreational Vehicle Parks. Transient lodging establishments primarily engaged
in renting, leasing or otherwise providing overnight or short-term sites for trailers,
campers, or tents, with or without individual utility hookups, but with other facilities such
as public restrooms. Does not include incidental camping areas, which are included
under "rural sports and group facilities."
Recycling and Scrap. Establishments primarily engaged in assembling, breaking
up, sorting, temporary storage and distribution of recyclable or reusable scrap and
waste materials, including auto wreckers engaged in dismantling automobiles for scrap.
Does not include waste disposal sites, which are separately defined. Does not include
temporary storage of toxic or radioactive waste materials.
Recycling Centers. An establishment, which is larger than a "collection station,"
that serves as a community -wide center for the collection and/or processing of
recyclable materials such as glass, paper, plastic, aluminum and metal cans.
Research and Development. Research and development offices, devoted to
scientific and engineering research and the design, development and testing of new
technology and products; usually includes laboratory space or small-scale
manufacturing operations.
Residential Accessory Uses. Includes any use that is customarily part of a
residence and is clearly incidental and secondary to a residence and does not change
the character of the residential use. Residential accessory uses include the storage of
vehicles and other personal property and accessory structures including garages,
studios and workshops.
Residential Care. A single-family or multiple -family dwelling unit that is licensed or
supervised by a Federal, State, or local health/welfare agency that provides nonmedical
care of unrelated persons who are in need of personal service, supervision, or
assistance essential for sustaining activities of daily living or for the protection of the
individual. Use includes the following: children's homes; halfway houses; rehabilitation
centers; self-help group homes.
Residential Care Facility for the Elderly (RCFE). A housing arrangement chosen
voluntarily by the residents or the residents' guardians, conservators or other
responsible person(s) where the following occurs: where seventy-five percent (75%) of
the residents are at least sixty-two (62) years of age, or, if younger, have needs
compatible with other residents; and where varying levels of care and supervision are
provided, as agreed to at the time of admission or as determined necessary. RCFE
uses may include basic services and community space. RCFE uses include the
following:
• Assisted Living Facility. A residential building or buildings that also provide
housing, personal and health care, as permitted by the Department of Social
Services, designed to respond to the daily, individual needs of the residents.
Assisted living facilities may include kitchenettes (small refrigerator, sink and/or
microwave oven) within individual rooms. Assisted living facilities are required to be
licensed by the California Department of Social Services, and do not include
medical extended care services.
• Independent Living Center/Senior Apartment. Independent living centers
and senior apartments are multifamily residential projects reserved for senior
citizens, where common facilities may be provided (for example, recreation areas),
but where each dwelling unit has individual living, sleeping, bathing, and kitchen
facilities.
• Retirement Hotel. Establishments primarily engaged in providing lodging
facilities limited to the aged where no medical care is provided. Such
establishments may provide housekeeping and meals to the residents.
Resource Extraction. Uses primarily engaged in resource extraction, including, but
not limited to, mining, developing mines or exploring for metallic minerals (ores), coal and
nonmetallic minerals, or surface mines extracting crushed and broken stone, dimension
stone or sand and gravel.
Retail Sales–Restricted. Stores and shops selling products that may have a
blighting and/or deteriorating effect upon the surrounding area and may need to be
dispersed in order to minimize their adverse impact. Examples of these uses include,
but are not limited to, the following: selling smoking, tobacco and vaping products as a
primary use; and pawn shops, in which the business of pawn brokering, or the business
of lending money upon personal property, pawns or pledges is done.
Rural Sports and Group Facilities. Establishments supporting special group
activities such as: archery, pistol, rifle, and skeet clubs and facilities, dude ranches;
health resorts including outdoor hot spring, spa or hot tub facilities; hunting and fishing
clubs; recreational camps; group or organized camps; incidental, seasonal camping
areas without facilities; equestrian facilities, including riding academies, schools, stables
and exhibition facilities.
S. Definitions "S"
Sales Lots. Sales lots consist of any outdoor sales area for permanent display of
motorized farm equipment, boats (FBSA Class 3 and 4 boats (over twenty-six (26) feet
in length)), heavy commercial trucks (US DOT Class 4 through 8), mobilehomes,
construction equipment, or other heavy equipment; outdoor equipment rental yards.
Schools. An institution or establishment that provides a program of instruction and
teaching services. Includes: preschools, elementary and secondary schools serving
grades K through 12 (or portions thereof); junior colleges, colleges and universities; and
similar education institutions. Does not include Sunday schools which are permitted
under "churches and related facilities."
Schools—Business and Vocational. Business and secretarial schools;
vocational schools offering specialized trade and commercial courses, specialized
nondegree granting schools, such as: music schools; dramatic schools; language
schools; driver education schools; ballet and other dance studios; and establishments
furnishing educational courses by mail.
Secondary Residential Unit. Second residential units are defined as residential
occupancy constructions (R) with a kitchen and full bathroom that is accessory to the
primary unit and intended for permanent occupancy by a second housekeeping unit.
Service Stations. Retail trade establishments primarily engaged in the sale of
gasoline, which may also provide lubrication, oil change and tune-up services incidental
to gasoline sales. May also include a towing service but does not include storage of
wrecked or abandoned vehicles. Does not include uses defined as auto repair and
service, or vehicle equipment storage.
Single -Family Dwelling. An attached or detached building not to contain more
than one (1) kitchen wherein the occupants of the dwelling unit are living and
functioning together as a single housekeeping unit, meaning that they have established
ties and familiarity with each other, jointly use common areas, interact with each other,
membership in the single housekeeping unit is fairly stable as opposed to transient, and
members have some control over who becomes a member of the single housekeeping
unit. Also includes factory -built, manufactured housing units and mobile homes
constructed in compliance with Title 25 of the California Health and Safety Code, or
successor provision as defined in Section 9-9.102 of the Zoning Ordinance; transitional
housing and supportive housing serving six (6) or fewer persons as defined in Section
9-9.102 of the Zoning Ordinance.
Single Room Occupancy Unit (SRO). A structure that provides separate, single
room, residential living units with no on -premises residential medical care. Units within
the structure may have individual bathroom facilities, shared bath or toilet facilities for
the residents, or any combination thereof. SRO may include structures commonly called
rooming houses or boarding houses. SRO facilities shall not be age restricted. Age
restricted SRO facilities shall be considered a residential care facility for the elderly
(RCFE).
Small Scale Ag Processing. The small scale processing of agriculture products
grown or produced on-site, bottling, canning, or storage of agriculture products grown
and processed on-site, where the processing or storage shall not exceed one thousand
(1,000) square feet (sf) in total use areas. This does not include tasting rooms.
Social and Service Organizations. Public or quasi -public establishments
providing social services and rehabilitation services to such as counseling centers,
welfare offices, job counseling and training centers, or vocational rehabilitation
agencies, persons with social or personal problems requiring special services and to the
handicapped and the disadvantaged. Also included are organizations soliciting funds to
be used directly for these related services. Also includes establishments engaged in
community improvement and neighborhood development. Does not include child day
care services which are classified under "schools."
Sports Assembly. Facilities for spectator -oriented specialized group sports
assembly that includes: stadiums and coliseums; arenas and field houses; race tracks
(auto and animals); motorcycle racing and drag strips; and other sports that are
considered commercial.
Storage, Recycling and Dismantling of Vehicles and Material. Establishments
primarily engaged in the storage, assembling, dismantling, sorting, and distribution of
materials, equipment and vehicles. This use may be located either outdoors or indoors
and includes, but is not limited to, auto wrecking yards, vehicle storage areas, vehicle
impound lots, recyclable/waste material storage and transfer facilities. This does not
include waste disposal sites, which are separately defined, or temporary storage of toxic
or radioactive waste materials.
T. Definitions "T"
Tasting Room. Establishment that allows for beer, wine, or spirit tasting on-site
with off-site sales directly to the public. Tasting rooms must meet the requirements of
the Alcoholic Beverage Control (ABC) license type (Type 02, Type 23, Type 40, Type
42 or Type 74 license, or similar). Tasting rooms may operate within a large scale
brewing, winery, or distillery facility as an ancillary.
Telecommunication Facility. Public, commercial and private electromagnetic and
photoelectrical transmission, broadcast, repeater and receiving stations for radio,
television, telegraph, telephone, cellular data network, and wireless communication
towers (cellular phones), including commercial earth stations for satellite -based
communications. Includes antennas, commercial satellite dish antennas, and equipment
buildings. Does not include telephone, telegraph, and cable television transmission
facilities utilizing hard -wired or direct cable connections. Does not include data
processing centers.
Temporary Dwelling. Includes the temporary use of a mobilehome or recreational
vehicle as a dwelling unit, following the issuance of a building permit for a permanent
residence while the permanent residence is under construction.
Temporary Events. Any use of a structure or land for an event for a limited period
of time where the site is not to be permanently altered by grading or construction of
accessory facilities. Events include: art shows; rodeos; religious revivals; tent camps;
outdoor festivals and concerts.
Temporary Offices. The utilization of a mobilehome or recreational vehicle as a
temporary office during the period of a construction of a permanent office facility on the
same site.
Temporary or Seasonal Retail Sales. Retail trade establishments primarily
engaged in the sale of Christmas trees or other seasonal items, or semiannual sales of
art or handcrafted items in conjunction with community festivals or art shows. Does not
include farmers' markets or agricultural roadside stands.
Transitional Housing. Buildings configured as rental housing developments, but
operated under program requirements that call for the termination of assistance and
recirculation of the assisted unit to another eligible program recipient at some
predetermined future point in time, which shall be no less than six (6) months (Health
and Safety Code Section 50675.2(h)). This definition excludes housing for halfway
houses intended for occupancy by parolees or convicted persons, children's homes,
halfway houses, rehabilitation centers, and self-help group homes.
Transit Stations. Passenger stations for vehicular, bus, and rail mass transit
systems; also terminal facilities providing maintenance and service for the vehicles
operated in the transit system.
U. Definitions "U"
Utility Facilities. A fixed -base structure or facility serving as a junction point for
transferring electric utility services from one transmission voltage to another or to local
distribution and service voltages, and similar facilities for water supply, natural gas
distribution, wastewater pump station, fiber optics junction box, or other similar facilities
that are not exempted from land use permit requirements by California Government
Code Section 53091 or successor code.
Utility Infrastructure. Pipelines for water, natural gas, sewage collection and
disposal; and facilities for the transmission of electrical energy for sale, including
transmission lines for a public utility company. Also include telephone, cable television,
and other communications transmission facilities utilizing direct physical conduits. Does
not include offices or service center as defined under "offices" or distribution substations
("utility facilities").
V. Definitions "V"
Vehicle and Equipment Storage (Indoor). Service establishments primarily
engaged in the business of storing cars, buses and other motor vehicles, recreational
vehicles (such as campers, motor homes, boats); construction equipment, and farm
equipment. Does not include wrecking yards, which are classified in "recycling and
scrap." All uses of the site must be located within an approved, permitted building and
outdoor storage shall be limited to ten percent (10%) of the floor area of the building
utilized for the business.
Vehicle and Equipment Storage (Outdoor). Service establishments primarily
engaged in the business of storing cars, buses and other motor vehicles; recreational
vehicles (such as campers, motor homes, boats); construction equipment; and farm
equipment. Does not include wrecking yards, which are classified in "recycling and
scrap." Storage of oversized commercial vehicles is also subject to Section 9-6.103.
Vehicle and Freight Terminals. Transportation establishments furnishing services
incidental to transportation, including: freight forwarding services; transportation
arrangement services; parking, crating, inspection and weighing services; freight
terminal facilities; joint terminal and service facilities; trucking facilities, including transfer
and storage; public warehousing and storage. Includes both railroad transportation and
motor freight transportation.
W. Definitions "W"
Warehousing. Uses engaged in storage of manufactured products, supplies, and
equipment excluding bulk storage of materials that are flammable or explosive or that
present hazards, or conditions commonly recognizable as offensive. Does not include
personal storage as defined as "mini -storage."
Wholesaling and Distribution Centers. Establishments engaged in selling
merchandise to retailers; to industrial, commercial, institutional, farm, or professional
business users; or to other wholesalers; or acting as agents or brokers in buying
merchandise for or selling merchandise to such persons or companies. Also includes
storage, processing, packaging, and shipping facilities for mail order and e-commerce
retail establishments.
Winery — Boutique. Winery or distillery production for no more than three
thousand (3,000) cases of wine per year. Uses include fruit processing, fermentation
pressing, barrel and bottle storage, bottling, wine tasting, and direct retail sale of wine.
Does not include winery production in residential zones, which is defined as small scale
agriculture.
Winery — Production. Winery or distillery production of more than three thousand
one (3,001) cases of wine per year. Uses include fruit processing, fermentation
pressing, barrel and bottle storage, bottling, wine tasting, and direct retail sale of wine.
This also includes uses that produce three thousand one (3,001) cases of beverages or
less, but do not meet the requirements for "winery — boutique," "winery — production," or
"brewery — production."
X. Definitions "X"
Y. Definitions "Y"
Z. Definitions "Z"
9-3.651 Establishment of Planned Development Overlay Zone No. 7: (PD7).
A Planned Development Overlay Zone No. 7 may be established in multiple -family
residential zones. The following development standards shall be applied to all projects
within Planned Development Zone No. 7:
(a) A Master Plan of Development of the site shall be approved. All construction
and development shall be done in conformance with the approved master plan.
(b) No subsequent tentative parcel or tract map shall be approved unless found
to be consistent with the approved Master Plan of Development.
(c) A proposed planned development project shall consist of no fewer than four (4)
residential units.
(d) A parent lot or lots shall have frontage on a public street.
(e) Each dwelling unit shall be subject to review under the City's Appearance
Review Guidelines.
(f) Building setbacks shall be as follows:
t Primary Strew, yard at residence
15 feet
Side yards (combined)
10 feet
Sfde Corner street yard (corner lot)
12 feet
Rear yard (single -story)
10 feet
Rear yard (two-story)
15 feet
Garages shall be recessed from the front of the residence by at least five (5) feet.
(1) Physically Unique Sites. Sites with one (1) or more mature trees, steep
slopes, riparian areas and/or some other unique physical characteristic are not subject
to the above setback requirements provided the following findings are made: (i) that
flexibility from the above setback standards is necessary to enable the environmentally
superior design alternative; (ii) that at least fifty percent (50%) of each individual lot will
be landscaped; and (iii) that at least sixty percent (60%) of the net area of the overall
site will be landscaped.
(g) Building coverage (residence plus garage footprint) shall not exceed thirty-
five percent (35%) of the individual lot area. Landscaping shall constitute a minimum of
forty percent (40%) of the lot area. The measurement of landscaped areas shall be
exclusive of driveways, patios, decks, etc.
(h) Two (2) story residences shall have a second floor that is limited to seventy-
five percent (75%) of the gross area of the first floor inclusive of the garage.
(i) All mechanical equipment, including HVAC units and utility meters, shall be
screened from view from adjacent streets and properties.
(j) Exterior fencing shall be consistent throughout the project. Design and
appearance of fences and/or walls shall be compatible with the design of the dwelling
units.
(k) Accessory buildings (sheds, etc.) will be allowed; however, the footprint of
such accessory buildings will count toward the maximum percent of allowable building
coverage.
(1) Each proposed lot shall have a minimum frontage of forty-five (45) feet,
except that lots at the end of a cul-de-sac may be forty (40) feet.
(m) Parking for two -resident vehicles shall be provided in a garage with minimum
interior dimensions of twenty (20) feet by twenty (20) feet. One guest parking space of
at least nine (9) feet by eighteen (18) feet shall be provided on each individual lot. The
driveway area may be used to satisfy the guest parking requirement. On -street parking
shall not be used to satisfy the parking requirements.
(n) Private open space shall be provided for each residential unit at a ratio of
three hundred (300) square feet for the first two (2) bedrooms. Each bedroom in excess
of two (2) shall cause the private open space to be increased by fifty (50) square feet.
The required front yard setback area shall not be used to satisfy the open space
requirement; however, side and rear setback areas may be utilized. The minimum width
of the private open space area shall not be less than ten (10) feet.
(o) Individual trash collection shall be used for each residential unit. Provisions
shall be made for storage of trash cans within the garage or fenced area.
(p) All utilities, including electric, telephone and cable, along the frontage of and
within the PD shall be installed underground.
(q) Alterations or additions to established dwelling units shall be subject to the
density standards of the underlying zone and shall be reviewed pursuant to the City's
Appearance Review Guidelines.
(r) All dwelling units shall be equipped with water conservation devices to include
low -flow shower heads and toilets, and drip irrigation systems.
9-3.662 Establishment of Planned Development Overlay Zone No. 17: (PD17).
A Planned Development Overlay Zone No. 17 may be established in the RSF-X
Single Family Residential Zones on lots with a net acreage exceeding one acre. The
maximum density within the planned development shall not exceed a gross density of
four (4.0) units per acre. The following development standards shall be applied to all
projects within Planned Development Zone No. 17:
(a) A master plan of development of the site shall be approved. All construction
and development shall be done in conformance with the approved master plan of
development.
(b) No subsequent tentative parcel or tract map shall be approved unless
found to be consistent with the approved master plan of development.
(c) A proposed planned development project shall consist of no fewer than four
(4) residential units.
(d) A parent lot or lots shall have frontage on a public street.
(e) Each dwelling unit shall be subject to review under the City's Appearance
Review Guidelines.
(f) Building setbacks shall be as follows:
€+eot Prima Street
yard at porch
15 feet
€-ron Primary Street
yard at dwelling
20 feet
€+eflt Prima Street
yard at garage
25 feet
Side yards
5 feet
Frr�Corner street yard
corner lot
12 feet
Rear yard
10 feet
Accessory structure side and rear yards
5 feet
Garages shall be recessed from the front of the residence by at least ten (10) feet.
(1) Physically Unique Sites. Sites with one or more mature trees, steep
slopes, riparian areas and/or some other unique physical characteristic are not
subject to the above setback requirements provided the following findings are
made: (i) that flexibility from the above setback standards is necessary to enable
the environmentally superior design alternative; (ii) that at least fifty percent
(50%) of each individual lot will be landscaped; and (iii) that at least sixty percent
(60%) of the net area of the overall site will be landscaped.
(g) Building coverage (residence plus garage footprint) shall not exceed thirty-
five percent (35%) of the individual lot area. Landscaping shall constitute a minimum
of forty percent (40%) of the lot area. The measurement of landscaped areas shall
be exclusive of driveways, patios, decks, etc.
(h) Two- (2) story residences shall have a second floor that is limited to seventy-five
percent (75%) of the gross area of the first floor inclusive of the garage.
(i) All mechanical equipment, including HVAC units and utility meters, shall be
screened from view from adjacent streets and properties.
(j) Exterior fencing shall be consistent throughout the project. Design and
appearance of fences and/or walls shall be compatible with the design of the dwelling
units.
(k) Accessory buildings (sheds, etc.) will be allowed; however, the footprint of
such accessory buildings will count toward the maximum percent of allowable building
coverage.
(1) Each proposed lot shall have a minimum frontage of sixty (60) feet measured
at the twenty-five- (25) foot setback line. The minimum net lot area shall be six thousand
four hundred (6,400) square feet.
(m) Parking for two- (2) resident vehicles shall be provided in a garage with
minimum interior dimensions of twenty (20) feet by twenty (20) feet. One guest parking
space of at least nine (9) feet by eighteen (18) feet shall be provided on each individual
lot. The driveway area may be used to satisfy the guest parking requirement. On -street
parking shall not be used to satisfy the parking requirements.
(n) All front yards and street facing side yards shall be landscaped.
(o) Individual trash collection shall be used for each residential unit. Provisions
shall be made for storage of trashcans within the garage or fenced area.
(p) All utilities, including electric, telephone and cable, along the frontage of and
within the PD shall be installed underground.
(q) Alterations or additions to established dwelling units shall be subject to the
density standards of the underlying zone and shall be reviewed pursuant to the City's
Appearance Review Guidelines.
(r) No farm animals may be kept on a lot.
9-3.679 Establishment of Planned Development Overlay Zone No. 34 (PD34).
A Planned Development Overlay Zone No. 34 shall be established for a thirty-two
(32) lot subdivision know as Tract 3099, located at parent Assessor Parcel Number 045-
351-008 with a total net acreage of 3.79 acres. Development shall be permitted as
follows:
(a) A master plan of development of the site shall be approved under the form of
a Major Conditional Use Permit. All construction and development shall be in
conformance with the approved master plan of development.
(b) No subsequent lot splits or lot line adjustments shall be approved unless
found to be consistent with the approved Master Plan of Development.
(c) Any deviations from the approved architecture, colors and materials board,
and other architectural enhancement or features shall be approved by the Design
Review Committee (DRC) or its successor committee or board.
(d) All lots shall front on a public street or dedicated right-of-way.
(e) Architectural elevations shall be consistent with approved elevations as
shown in the approved master plan of development.
(f) Building setbacks shall be consistent with the approved master plan of
development:
€Fen Primary Street Yard Garages (measured from the back of
sidewalk
25 feet
PrimartreetrGnt Yard Covered Porches/Decks (measured from back
of sidewalk
3 feet
Primary Street €rent Yard Residential Units (measured from back of
sidewalk
15 feet
Primary Street Fron# Yard (Lot 31, Senior Apartments, measured from
property line
10 feet
Side Yards measured from property line
0 feet
Side Yard Lot 31, Senior Apartments)
15 feet
Corner's Street yard measured from back of sidewalk
15 feet
Corner Lot Street Covered Porch/Deck (measured from back of
sidewalk
3 feet
Rear Yard (measured from property line)
1 5 feet
(g) All mechanical equipment, including HVAC units and utility meters, shall be
screened from view from adjacent streets and properties.
(h) Maximum height of residential structure(s) on lot 31 shall be forty-four (44)
feet. All other residential unit heights shall be consistent with heights contained in the
Atascadero Municipal Code.
(i) Exterior fencing and walls design, and location, shall be consistent with the
approved master plan of development landscaping plan. "Dog-eared" type fencing is
prohibited throughout the development.
(j) The use of residential accessory buildings (sheds, etc.) will be allowed on the
designated rear half of a lot, if the structure can meet setback requirements for
residential accessory structures contained in both the 'California Building Codi (CBC)
and the Atascadero Municipal Code (AMC).
(k) The minimum lot area shall be two thousand three hundred fifty (2,350)
square feet for lots containing residential units. No minimum lot size for lots containing
common open spaces or utilities within the subdivision.
(1) Parking for resident vehicles shall be provided within the provided garage on
lots containing garages. The driveway area may be used to satisfy the parking
requirements.
(m) All front yards and street facing side yards shall be landscaped with drought
tolerant landscaping consistent with the State of California drought tolerant landscaping
guidelines.
(n) Individual trash collection shall be used for each residential unit. Provisions
shall be made for storage of trashcans within the garage or fenced area. These shall be
identified in the approved landscape plan.
(o) All utilities, including electric, telephone and cable, along the frontage of and
within the PD shall be installed underground, unless both the Community Development
Director and the Public Works Director determine that relocation of existing utilities
underground renders the project infeasible.
(p) Alterations or additions to established dwelling units shall be subject to the
density standards of the underlying zone and shall be reviewed pursuant to the City's
Appearance Review Guidelines.
(q) No farm animals may be kept on a lot.
(r) All identified roadway improvements shall be completed as shown in the
Master Plan of Development.
(s) Any native tree removals beyond what is identified in the approved Tree
Removal will require prior Planning Commission approval with appropriate findings
made, consistent with the City's Native Tree Ordinance.
(t) No additional units shall be approved within the development without
amending the master plan of development. Density must be consistent with the
underlying zoning ordinance.
9-3.677 Establishment of Planned Development Overlay Zone No. 32: (PD32).
A Planned Development Overlay Zone No. 32 shall be established for twelve (12)
lots in Subdivision Tract 2625, recorded in Book 31 of Recorded Maps, page 23 through
25, San Luis Obispo County, CA (assessor parcel numbers 049-105-01 through 012).
The maximum density within this planned development shall not exceed a gross density
of four (4.0) units per acre and shall have an underlying zoning designation of
Residential Single Family (RSF-X). The following development standards shall be
applied to all properties recorded:
(a) A master plan of development of the site shall be approved (CUP 2004-
0126). All construction and development shall be in conformance with the approved
master plan of development.
(b) No subsequent lot splits or lot line adjustments shall be approved unless
found to be consistent with the approved master plan of development.
(c) All lots shall front on a public street.
(d) Architectural elevations shall be consistent with approved elevations as
shown in the approved master plan of development (CUP 2004-0126).
(e) Building setbacks shall be consistent with the approved master plan of
development (CUP 2004-0126):
€Tent PriMgry street yard at porch (measured from back of sidewalk
10 feet
€Teet Prima street yard at dwelling measured from back of sidewalk
20 feet
F-Foi# Primary street yard at garage (measured from back of sidewalk)
25 feet
Side yards measured from property line
5 feet
Corner lot side -street yard measured from back of sidewalk)
5 feet
Rear yard measured from property line
5 feet
Rear yard adjacent to existing lots greater than a one-half ('/z) gross acre
Lots 1, 2, 3, 6, 7
12 feet
(f) Garages placement shall be consistent with the approved master plan of
development (CUP 2004-0126).
(g) Building coverage (residence plus garage footprint) shall not exceed thirty-
five percent (35%) of the individual lot area. Landscaping shall constitute a minimum of
forty percent (40%) of the lot area. The measurement of landscaped areas shall be
exclusive of driveways, patios, decks, etc.
(h) Two (2) story residential additions are permitted; however, the additions shall
be reviewed by the Design Review Committee or referred to a separate committee as
directed by the Planning Director.
(i) All mechanical equipment, including HVAC units and utility meters, shall be
screened from view from adjacent streets and properties.
(j) Exterior fencing shall be consistent with the approved master plan of
development landscaping plan (CUP 2004-0126).
(k) The use of residential accessory buildings (sheds, etc.) will be allowed;
however, the footprint of such accessory buildings will count toward the maximum
percent of allowable building coverage. Residential accessory buildings shall be
consistent with the setbacks set forth in subsection (e) of this section. All other
regulations shall be consistent with residential accessory structures contained in both
the alifornia Building Code (CBC) and the Atascadero Municipal Code (AMC).
(1) Each proposed lot shall have a minimum frontage of fifty (50) feet measured
at the front setback line. The minimum net lot area shall be six thousand (6,000) square
feet.
(m) Parking for two (2) resident vehicles shall be provided within the provided
garage. One (1) guest parking space shall be provided on each individual lot. The
driveway area may be used to satisfy the guest parking requirement. On -street parking
shall not be used to satisfy any of these parking requirements.
(n) All front yards and street facing side yards shall be landscaped with drought
tolerant landscaping consistent with the State of California drought tolerant landscaping
guidelines.
(o) Individual trash collection shall be used for each residential unit. Provisions
shall be made for storage of trashcans within the garage or fenced area. These shall be
identified in the approved landscape plan.
(p) All utilities, including electric, telephone and cable, along the frontage of and
within the PD shall be installed underground.
(q) Alterations or additions to established dwelling units shall be subject to the
density standards of the underlying zone and shall be reviewed pursuant to the City's
Appearance Review Guidelines.
(r) No farm animals may be kept on a lot.
(s) Sewer service shall be provided with connection to the City's sewer system.
The project Homeowners Association or similar financial mechanism shall be
responsible for the cost of abandoning injector pumps on individual lots when sewer
service is made available to EI Camino Real or Carrizo Road.
(t) All identified roadway improvements shall be completed as shown in the
Master Plan of Development (CUP 2004-0126).
(u) Lot 1 of Recorded Map Books 31, pages 23 through 25 (APN 049-105-001)
shall have a Historic Site Overlay zone designation. Further development of this lot shall
be consistent Atascadero Municipal Code Section 9-3.623 or successor code.
(v) Any native tree removals beyond what is identified in Tree Removal Permit
2015-0193 will require Planning Commission approval prior with appropriate findings
made, consistent with the City's Native Tree Ordinance.
94.106 F4GM Street setbacks.
The A*set street setback is measured at right angles from the nearest point on
the #r at property line to the building line. All stru p -A- ire1; .are to he set back a MiniFn rn Of
tweRty five (25) feet fFGFn the ReO I . i I i the fFent prepeFty line, exGept wheFe this
GentiGR establishes rather regUirerr,er,+I cr.,.,t setback landscaping and fencing
standards are in Sections 9-4.125(a) and 9-4.128 of this chapter, respectively.
(a) A, RS, RSF, and LSF Zones. All residential uses shall have a minimum
prim aty UGnt stret setback of twenty-five (25) feet, except as follows:
(4}Shallow Lots. The front setback shall be a minimum of twenty (20) feet for any lot
less than ninety (90) feet deep.
R4 1t _
(34LZ Flag Lots and Lots without Street Frontage. Determination of that portion
of the site to constitute the required front yard within the flag shall be at the
discretion of the applicant. The front setback of the flag of the lot shall be a
minimum of ten (10) feet. The front setback within the accessway shall be as in
subsection (a) of this section.
(4}{3? Sloping Lot Adjustment. Where the elevation of the natural grade on a lot
at a point fifty (50) feet from the centerline of the adjacent street right-of-way is
seven (7) feet above or below the elevation of the centerline, a private garage
may be located, at the discretion of the applicant, as close as five (5) feet to the
street property line subject to the approval of an
administrative use permit (Section 9-1.112 of this title), provided that portions of
the dwelling other than the garage shall be established at the setback otherwise
required.
(5)(4; Variable Setback Block. Where a residential block is partially developed
with single-family dwellings having less than the requiredrip mare front setbacks
and no uniform front setback is established, therip mare #rent stree+ setback may
be adjusted by approval of an administrative use permit (Section 9-1.112 of this
title) at the option of the applicant, as follows:
(i) Prerequisites for Adjustment. Adjustment may be granted only when twenty-
five percent (25%) of the lots on the block with the same frontage are developed and
the entire block is within a single zone.
(ii) Allowed Adjustment. The normally required minimum primarstreet
setback is to be reduced to the average of the piniar front setbacks of the existing
dwellings, which include attached garages but not detached garages, to a minimum of
ten (10) feet.
(5) The Design Review Committee (DRC) may grant an exemption to the front
setback requirement based on neighborhood compatibility for structures that meet the
following criteria:
(i) Structures are no greater than ten (10) feet in height;
(ii) Structures do not exceed front yard coverage of more than fifty percent
(50%);
(iii) Structures do not impair sight distances for vehicular traffic as reviewed by the
City Engineer.
(b) RMF Zone and Residential Uses in Commercial and Industrial Zones. All
residential units shall have a minimum setback of fifteen (15) feet. All garages shall
have a minimum front setback of twenty (20) feet.
(c) CN, CP, CR, CS, CT, CPK, IP and I Zones. No front setbacks are required.
Ground floor residential uses are subject to the setback requirements of subsection (a)
of this section.
(1) Adjacent to Residential Zone. Where a commercial or industrial zone has a
primary or secondary frGnt street setback, including a double frontage setback, on a
street where more than fifty percent (50%) of the lots in the same block are zoned for
residential use, the primary front setback shall be twenty-five (25) feet, except that a
one-story building or parking may encroach into one-half (1/2) the required front setback
depth.
(d) L, LS and P Zone. A minimum ten (10) footrip mare treet street setback is
required, provided that residential uses are subject to the setback requirements of
subsection (a) of this section.
(e) Flag Lots. Any accessway adjacent to a public street shall be subject to the
front setback requirements of subsections (a), (b), (c), and (d) of this section.
Determination of that portion of the site to constitute the required front yard within the
flag shall be at the discretion of the applicant. The front setback of the flag of the lot
shall be subject to the side setback requirements of Section 9-4.107 of this chapter.
(f) Double Frontage Lots.
(1) Selecting the Setback Location. Where double frontage setback locations are
not specified by subdivision requirements or other applicable regulations, the applicant
may select the front setback street unless fifty percent (50%) of the lots on a
double frontage block are developed with the same front yard orientation. In that case,
all remaining lots are to orient theirrp iman front setbacks with the majority.
(1) —tet, Double Frontage Setback Requirements ,Jcuui iuctiy V Wl RagU). A
full -front setback is to be provided adjacent to one frontage (primarV (primaand a
setback of one-half (1/2) the required front setback depth adjacent to the other
frontage (secondary).
;g Corner fFeflt street setback (Corner Street Frontage). The4ren-t primary street
setback on the street side of a corner lot is to be a minimum of ten (10) feet from the
property line
(qt) Establishment of Front Setback on Zoning Map. The Planning Commission
may establish greater front setbacks than those required in this section by delineating
the setback on the zoning map. Procedures specified by Section 9-1.115 of this title
shall be followed in establishing such setbacks.
9-4.107 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, or primary #rent street and secondary fr�street setback areas for
double frontage lots 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:
JP -1107
MERE—
(31) Accessory BuildincisStructures. 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 five three (53) 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.
-(�2) 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.
(63) 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.
(64) Access Easements. All access easements shall have a minimum setback of
five (5) feet, measured from the edge of the easement.
(75) Additional height for buildings in RMF. Multifamily dwellings exceeding
twenty-five (25) feet in height shall have a ten (10) foot setback for all portions of the
building over twenty-five (25) feet in height.
(b) CN, CP, CR, CS, CT, CPK, IP, I and P Zones. No side setbacks are required.
Ground floor residential uses are subject to the setback requirements of subsection (a)
of this section.
(c) L and LS Zones. A minimum five (5) foot side setback is required.
9-4.108 Rear setbacks.
.The rear setback is measured at right angles to the rear property line to form
a setback line parallel to the rear property line.
(a) A, RS, RSF, LSF, and RMF Zones and Permitted Ground Floor Residential
Uses in Commercial and Industrial Zones. All residential uses except for second story
dwellings over commercial and industrial uses shall have a minimum rear setback of ten
(10) feet, except as follows:
(1) Accessory 4"''Structures. A rear setback except for the portion of the
rear yard adjacent to the street of a corner lot adjaGeRt to a key IG , may be used for an
accessory building no greater than twelve (12) feet in height, provided the accessory
building is not used for human habitation or the keeping of animals, and is not closer
than three feet to a side or rear property line or alley.
(b) CN, CP, CR, CS, CT, CPK, IP and I Zones. No rear setback is required in
commercial or industrial zones, except as follows:
(1) Adjacent to an Alley. The earsecondary frontage setback shall be a minimum
of five (5) feet, except where the alley provides vehicular access to the interior of the
building, in which case the setback shall be ten (10) feet.
(2) Adjacent to Residential Use Zone. Where the rear property line abuts a
residential zone or use, no rear setback is required for buildings or portions of buildings
which do not exceed twelve (12) feet in height within ten (10) feet of the rear property
line. The rear setback shall be a minimum of ten (10) feet for buildings or portions of
buildings which exceed twelve (12) feet in height.
(c) L, LS and P Zones. A minimum of ten (10) foot rear setback is required.
9-4.116 Location of parking on a site.
Required parking spaces may be located as needed on a proposed site, subject to
the design and construction standards of Sections 9-4.117 and 9-4.119 of this chapter
and the following:
(a) Use of Front Setback. Required parking spaces are not to be located within
the required front setback.
(b) Use of Side and Rear Setbacks. Side and rear setbacks may be used for
vehicle parking except on the street sistetrontagE of a corner lot and except where
landscaping is required by Section 9-4.125 of this chapter.
9-4.128 Fencing and screening.
Standards for fencing and screening are established by this section to protect
certain uses from intrusion, to protect the public from uses that may be hazardous, and
to increase compatibility between different land uses by visual screening. Fencing is the
enclosure of an area by the materials identified in subsection (c) of this section.
Screening is the enclosure of an area by a visual barrier, which may include solid
fencing or other materials, as specified in subsection (c) of this section.
(a) Fencing and Screening—Where Required. Within the urban services line, the
uses and areas listed in this subsection shall be fenced and/or screened, as indicated.
Unless otherwise specified, fencing and screening are to be a minimum height of six (6)
feet. Fencing and screening materials of a height greater than three (3) feet shall not be
located within a required primary, secondary, or corner fr� street setback erre
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 fr� street OF EsFReFyar 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 primary, secondary, or corner frer}t street or Gerner
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 twenty (20) feet from the right of way in
accordance with engineering standards.
c. Gates shall be a maximum of twelve (12) feet in height and shall remain
residential in nature.
d. Gateposts and other superstructures over site entrances and exits may be up
to twelve (12) feet in height.
e. Gates shall comply with emergency access standards.
f. Gates shall not swing open toward the street unless the maximum swing is
not closer than sixteen (16) feet from the edge of the right-of-way.
g. Gates or associated structures shall comply with minimum sight -distance
standards.
h. A construction permit shall be required for all gates that exceed six(6) feet in
height or contain electrical components.
(iv) Height Measurement. Fence height shall be measured from the adjacent
grade of the downhill side of the wall, fence, or hedge.
a. Where fences or walls are located on retaining walls or berms, the height of
the retaining wall or berm shall be considered as part of the overall height of the fence
or wall if the retaining wall or berm exceeds two (2) feet in height.
b. If a retaining wall is terraced and separated by five (5) feet of horizontal space
or greater, they shall be considered individual walls for the purposes of measuring
height.
(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)(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.
(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;
(ii) The number of such vehicles is limited to a maximum of one (1),-
(iii)
1);(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.;
(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.
(e) 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 9allons
(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 pi it, ictry, 5c�u, iucArv, u, t,W i it -,I 5LI t 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 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.
(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 tFORt or stFeet taG R9 6 primary. secondary, or corner street yam 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.
9-6.106 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 9-6.112.
(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 principal structure, up
to 2,000 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;
(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;
(viii) The accessory structure shall be located no closer than ten (10) feet to the
side property line as measured from the nearest roof eave; and
(ix) The accessory structure shall be located no closer than forty (40) feet to the
nearest residential dwelling on an adjacent property.
(4) 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; and
(vii) Hoop structures/greenhouses: Limited to two (2) per residential property.
Additional structures may be approved with DRC approval.
(5) Offices/Art Studio. Offices or Art Studios are defined as any type of residential
occupancy construction (R) with no kitchens, no overnight stays, cooking facilities and/or
no bathing facilities (one (1) water closet is permitted). Studios shall be limited to four
hundred fifty (450) square feet. Studios greater than four hundred fifty (450) square feet
shall be considered accessory or urban dwelling units. Deed restrictions shall bp rPauired
for anv proposed office or art studio with plumbina limitina the use of the studic
(56) Number of Structures. The number of nonexempt 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.
(5) 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
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.
9-9.102 General definitions.
Above grade. Any elevation higher than the natural ground contour.
Access. The safe, adequate, usable means of vehicular or pedestrian entrance or
exit to a site.
accessory Structure. A non-naoitage structure iocatea on a resiaentiai jot occupied
w d primary unit, exclusive of Accessory Dwelling Units. Accessory structures may include,
but are not limited to, workshops, garages. pool houses. and art studios. A utility bathroom
with shower and heating/air conditioning may be installed subject to design limitations and
with a deed restriction that limits the building's use to nonresidential purposes and prohibits
overnight Attached structures may be permitted consistent with 9-5.060 and 9-6.106.
Accessory Dwelling Unit (ADU). ADUs are defined by Government Code Section
65852.2 to mean an attached or detached residential dwelling unit that provides
complete independent living facilities for one or more persons. ADUs shall include
permanent provisions for living, sleeping, eating, cooking, and shall have a bathroom,
and shall be located on the same parcel as the single-family or multifamily dwelling per
the standards set forth in this section. An Accessory Dwelling Unit also includes an
efficiency unit as defined in Section 17958.1 of the Health and Safety Code and a
manufactured home as set forth in Section 18007 of the Health and Safety Code.
Agriculture. The science and art of farming, producing crops, floriculture,
horticulture and animal husbandry.
Agricultural accessory building. An uninhabited structure, designed and built to
store farming animals, implements, supplies, or products (not including commercial
greenhouses or buildings for agricultural processing activities), which is not used by the
public.
Agricultural products. Food and fibre in their raw, unprocessed state (except for
such field processing that may occur in conjunction with harvesting) and ornamental
plant materials.
Air contaminant. Any combination of smoke, charred paper, dust, soot, carbon,
noxious acids, fumes, gases, or particulate matter.
Ambient noise level. The composite of all noises from all sources near and far. In
this context, the ambient noise level is the normal or existing level of environmental
noise at a given location.
Apartment. A room or flat occupied or designed to be occupied by one (1) family
for living or sleeping purposes with cooking facilities.
Apartment house or multiple dwelling unit. A building or portion of a building
designed or used for occupancy by three (3) or more families living independently of
each other and containing three (3) or more dwelling units.
Appeal, scope of. The matters to be heard on appeals filed pursuant to this title
shall be confined to the project as proposed to the original or first decision maker,
without change. However, the applicant, or person appearing on appeal, shall not be
prevented from submitting information concerning the unchanged proposal which had
not been submitted with the original proposal.
Arcade. Any site or business providing in part or as a whole, an amusement
service consisting of coin-operated games or devices, where more than five (5) coin-
operated games or devices are present or where more than twenty-five (25) percent of
the public area is used for the placement or operation of such games or devices.
Archeological resource. Any Native American or pre-Columbian artifact or
human remains.
A -weighted sound level. The sound level in decibels as measured on a sound
level meter using the A -weighting network. The level so read is designated "db(A)" or
"dbA."
Basement. That portion of a building between the floor and ceiling that is partly
below and partly above grade so located that the vertical distance from grade to the
floor below is less than the vertical distance from grade to ceiling.
Billboard. See "Sign, off -premises."
Boardinghouse. A boardinghouse is a structure where lodging and meals are
furnished for compensation to at least five (5) persons.
Buildable area (developable area). The area of the site in which structures may
be located, not including required yard areas (see Figure 9-A).
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FIGURE 9-A BUILD.ASLE AREA
Building. Any structure having a roof supported by columns and/or walls and
intended for shelter, housing, and/or enclosure of any person, animal or chattel, but not
including tents or mobile homes.
Building, accessory. A detached subordinate building the use of which is
incidental to that of a main building on the same lot.
Building and construction ordinance. Title 8 of this Code.
Building face. The exterior walls of a building extending vertically from the
building line.
Building height. The vertical distance from the average level of the highest and
lowest point of that portion of the lot or building site covered by the building to the
topmost point of the structure, excluding chimneys or vents (see Figure 9-13).
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Building, main or principal. A building where the principal use of its lot and or
building site is conducted.
Building site. The area within a lot of record (or contiguous lots under single
ownership) actually proposed for development with buildings or structures, including
areas immediately adjacent to the buildings or structures to an extent equivalent to any
required setback areas.
Carport. A permanent roofed structure with not more than two (2) enclosed sides,
which is used or intended to be used for automobile shelter or storage.
Channel. The area occupied by the normal flow of an intermittent or perennial
stream during non -flood conditions.
Combustible liquid. Any liquid having a flash point at or above one hundred (100)
degrees Fahrenheit and below two hundred (200) degrees Fahrenheit, including, but not
limited to, diesel fuel, kerosene and Jet A.
Commercial coach. A vehicle, with or without motive power, including any mobile
home or recreational vehicle, designed and equipped for human occupancy.
Commission. The Planning Commission of the City.
Common wall development. Two (2) residences on adjoining lots, constructed so
that they abut each other at their common property line (see Figure 9-C).
S I A L I I
FICTIRE 9-C.- COMMON WALL
DEVELOPMENT
Communication towers. Any tower or other structure erected for the purpose of
radio, television or microwave transmission or line -of -sight relay devices.
Community sewer system. A sewage effluent collection network, treatment and
disposal facilities provided within a prescribed service boundary, which results in the
primary, secondary, or tertiary treatment of such effluent.
Community water system. A water storage and distribution network for the
provision of potable water to the public for human consumption within a prescribed
service boundary, operated and maintained by the Atascadero Mutual Water Company.
Construction. Any site preparation, assembly, erection, substantial repair,
alteration or similar action, for or of rights-of-way, structures, utilities or similar property.
Construction permit. Any or all of the various entitlements established by Title 8
of this code that authorize commencement of construction activities, including but not
limited to building permits, grading permits, electrical and plumbing permits, demolition
permits and moving permits.
Convalescent hospital. A place or institution which provides for bed care or for
chronic convalescent care for two (2) or more persons, exclusive of relatives, who by
reason of illness or physical infirmity are unable to care for themselves.
Council. The City Council of the City.
County. The County of San Luis Obispo.
Coverage. Site or lot coverage means the extent of a lot of record occupied by
structures and paving.
Crop production. Includes the following crop types and activities and further
defined as indicated:
(a) Specialty Crops. Strawberries, herb crops, flower seed and cut flower crops
(open field), kiwi vines, edible pod peas, bushberry crops, Christmas trees and other
outdoor ornamentals, intensive horticulture, sod farms, clover seed, hops, and
wholesale nurseries (see separate definition).
(b) Row Crops. All vegetable truck crops except edible pod peas. Includes lima
and snap beans.
(c) Orchards. All fruit and nut tree crops. Does not include kiwi, berry, or other
vine crops.
(d) Field Crops. Beans other than snap or lima beans, barley, oats, safflower,
wheat, grain and hay including alfalfa, silage and grain corn, sugar beets, melons,
cotton.
(e) Rangeland. Grazing of livestock on grasses without irrigation.
(f) Pasture (Irrigated). Grazing of livestock on irrigated grasses.
(g) Vineyards. Grapevines.
(h) Preparation for Cultivation. Land -contouring, clearing, irrigation construction
and other preparation of soil for crops.
(i) Field Processing. Mechanical processing of crops in the field at harvest, when
such activities do not involve a permanent structure. Such activities include, but are not
limited to, hay baling and field crushing of grapes.
Dance club or nightclub. Establishment providing for live or recorded music and
an area for dancing, including disco.
Dance studio or school. An establishment where instruction in the dance arts
(ballet, modern dance or any other dance form) is provided students for a fee, except
where instruction in predominantly social dance is provided on the premises of a dance
club as defined by this title.
Density. The measure of the ratio of population to the area of land occupied by
that population, which may be expressed as dwelling units per acre, families per acre,
persons per acre, or conversely as acres per dwelling unit or square feet per dwelling
unit. "Gross density" is the number of lots derived from dividing the area of a site by the
area required for each lot or dwelling unit. "Net density" is the number of lots resulting
from subtracting the area required for streets from the total area of the undivided site,
and then dividing the remaining area by the area required for each lot.
Density bonus. A density increase over the otherwise maximum allowable
residential density under the applicable Municipal Code ordinance and Land Use, Open
Space, and Conservation Element of the General Plan as of the date of application by
the developer to the City (Government Code Section 65915(f)). Density bonuses shall
either be in the form of a "State Density Bonus" as defined by Article 30 in Chapter 3,
Zoning Districts, or as specified in the Land Use, Open Space, and Conservation
Element of the General Plan for exceptionally high design quality.
Development. Any activity or alteration of the landscape, its terrain contour or
vegetation, including the erection or alteration of buildings or structures. New
development is any construction, or alteration of an existing structure or land use, or
establishment of a land use after the effective date of this title.
Discretionary permit. An entitlement that may be issued under the provisions of
this title, but requires the exercise of judgment and the resolution of factual issues to
determine if the application and requested entitlement conform with the provisions of
this title. Generally, a discretionary permit consists of any entitlement that requires a
decision to approve, approve subject to conditions or disapprove, based on the
judgment of the Planning Commission after a hearing (see "Ministerial permit").
Drainage facilities. Constructed improvements for the storage or conveyance of
storm runoff in drainage channels, including channels, culverts, ponds, storm drains,
drop -inlets, outfalls, basins, pumps, gutter inlets, manholes, and conduits.
Dredging. Mechanical alteration of the grade of bottom sediments in any body of
water.
Drive-in restaurant. Any building or structure in which food or drink are prepared
for service to customers outside such buildings or structure or to customers occupying
vehicles outside such structure, even though food and drink are served to customers
inside such building or structure. Shall include self-service restaurants for food take-out.
Driveway. A road providing access to a site or land use from a street. A driveway
serves no more than five (5) separately owned parcels (see also "Road, private").
Dude ranch. Transient guest occupancy facilities incidental to a working ranch,
which may include other accessory recreational facilities and common eating facilities
open to overnight guests only.
Dwelling unit. An independent, attached or detached residential building designed
to house and provide living space, including kitchen and bathroom facilities, for an
individual family.
Entitlement. Authority acquired by an applicant after receiving approval of an
application. For the purposes of this title, land use entitlements are the plot plan, precise
plan and conditional use permit (see "Zoning Approval").
Exploration. The search for minerals by geological, geophysical, geochemical or
other techniques including, but not limited to, sampling, assaying, drilling, or any surface
or underground works used to determine the type, extent, or quantity of minerals
present (includes prospecting).
Extraction. The removal from the earth of oil, gas or geothermal resources by
drilling, pumping or other means, whether for exploration or production purposes.
Family. A "family" is a "single housekeeping unit" defined as the functional
equivalent of a traditional family, whose members are an interactive group of persons
jointly occupying a single dwelling unit, and where, if the unit is rented, all adult
residents have chosen to jointly occupy the entire premises of the dwelling unit, under a
single written lease with joint use and responsibility for the premises, and the makeup of
the household occupying the unit is determined by the residents of the unit rather than
the landlord or property manager.
Family, immediate. Relatives of an applicant or spouse of applicant, limited to
grandparents, parents, children, and siblings.
Flammable liquid. Liquids with flash points below one hundred (100) degrees
Fahrenheit, including, but not limited to, gasoline, acetone, benzene, ethyl ether and
ethyl alcohol.
Flash point. The minimum temperature of a liquid at which sufficient vapor is
given off to form an ignitable mixture with the air near the surface of the liquid.
Flood, 100 -year. A flood inundation event, the extent of which has a statistical
probability of occurring once every one hundred (100) years.
Flood fringe. That portion of the floodplain outside the floodway.
Floodplain. Land that has been or may be hereafter covered by flood water,
including, but not limited to, the one hundred (100) year flood.
Flood profile, storm. A graph or longitudinal profile showing the relationship of the
water -surface elevation of a flood event to location along a stream or river.
Floodproofing. Any combination of structural provisions or adjustments in areas
subject to flooding primarily to reduce or eliminate flood damage to properties, water
and sanitary facilities, structures, and the contents of buildings in a flood hazard area.
Floodway. The channel of a river or other watercourse and the adjacent land
areas that must be reserved to discharge the one hundred (100) year flood without
cumulatively increasing the water surface elevation more than one (1) foot.
Floor area. Includes the total floor area of each floor of all buildings on a site,
including internal circulation, storage and equipment space, as measured from the
outside faces of the exterior walls, including halls, lobbies, stairways, elevator shafts,
enclosed porches and balconies.
Frontage. A property line of a lot that abuts a street. as follows: _Primary frenta e
f ORtage inrOlu dec all nt-her frnrn+onec
(1) Primary street frontage. The primary side of the property that abuts a street
that typically provides property access, addressing, a front yard space, and is
parallel to the secondary frontage and perpendicular to the corner frontage.
(2) Secondary sftreet fie -frontage. A second side of the property that abuts
a street and is parallel to the primary street frontage designed as a double
frontage lot.
(3) Corner street frontage. A second side of the property that abuts a street and
is pPrpPndiailar, nr ata discernable angle, to the r)rimary frnntariP
Garage, private. A building for storing self-propelled vehicles that is not open to
the public, which may include an accessory workshop.
Garage, public. Any premises (except a private garage) used for the storage
and/or care of self-propelled vehicles, or where such vehicles are equipped for sale or
lease.
General Plan. The City of Atascadero General Plan, including all elements thereof
and all amendments thereto.
Government Code. The Government Code of the State of California.
Grazing. For the purposes of this title, grazing means the keeping for commercial
purposes of cattle, horses or sheep using feed produced on the site.
Greenhouse. See "Nursery."
Guesthouse. Sleeping facilities detached from a principal residence and occupied
for the sole use of members of the family, temporary guests or persons temporarily
employed on the premises, which may include a bathroom and other living space, but
not kitchen facilities.
Health Department. The County of San Luis Obispo Health Department under
contract to the City of Atascadero.
Home occupation. Any use customarily conducted entirely within a dwelling or
building accessory thereto and carried on by the inhabitants thereof, which use is clearly
incidental and secondary to the structure for dwelling purposes and which use does not
change the character thereof and does not adversely affect the uses permitted in the
zone of which it is a part.
Hospital. An institution providing physical or mental health services inpatient or
overnight accommodations and medical or surgical care of the sick or injured.
Hotel. A building containing six (6) or more rooms intended or designed to be
used, or which are used, rented or hired out to be occupied for sleeping purposes by
guests.
Impulsive sound. Sound of short duration, usually less than one (1) second, with
an abrupt onset and rapid decay. Examples of sources of impulsive sound include
explosions, hammering, and discharge of firearms.
Inoperative vehicle. Any vehicle which is not currently registered or which is not
capable of self -propulsion.
Irrigated. A lot having existing wells, water storage, and/or drip irrigation system
adequate to support any crop suited to the soil type and climate of a site.
Junior Accessory Dwelling Unit (JADU). JADUs are defined by Government Code
Section 65852.2 to mean a residential accessory dwelling unit internal to an existing or
new primary dwelling unit that provides complete independent living facilities for one or
more persons. JADUs shall include permanent provisions for living and shall be located
on the same parcel and within the same structure as the single-family dwelling. A Junior
Accessory Dwelling Unit also includes an efficiency unit as defined in Section 17958.1 of
the Health and Safety Code.
Junk yard. An area improved or unimproved in excess of two hundred (200)
square feet:
(a) Upon or in which is stored or kept junk salvage materials, scrap metals,
inoperative vehicles and equipment or any combination thereof; or
(b) Upon or in which vehicles, equipment or other property is dismantled or
wrecked; or
(c) Upon or in which salvage materials, inoperative vehicles or equipment, or
parts therefrom, or scrap metals, or any combination thereof, is kept for resale.
Materials or equipment kept on any premises for use in the construction of any
building on such premises, and any materials or equipment customarily used on a farm
or ranch, and so situated, shall not be deemed "junk" or "salvage material" within the
meaning of this section.
Light source. A device that produces illumination, including incandescent light
bulbs, fluorescent and neon tubes, halogen and other vapor lights and reflecting
surfaces or refractors incorporated into a lighting fixture. Any translucent enclosure of a
light source is considered to be part of the light source.
Loading space. A space used exclusively for loading or unloading of other than
passengers from vehicles into the floor area, use area, or storage area of a building.
Lot, corner: side ana Tront A corner lot is located immediately adjacent to the
intersection of two (2) p4bk vehicular rights-of-way, including railroads.
df -4 -
Lot depth. The horizontal distance between the front and rear lot lines, measured
in the mean direction of the side lot lines.
Lot, double -frontage. A lot extending between two (2) streets, so that beth front
and roar yard two non-contiguous sides of a property abut a street with one frontage
being the primary street frontage and the other being the secondary street frontage (see
Figure 9-E).
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FIGURE 9-F; DOLDIX FkONIAGY. LOT
Lot, flag. A lot which lies substantially behind another lot and is served by an
accessway or access easement (refer to Figure 9-F).
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FIGURE 9-F: FLAG LOT
Lot width. Distance between interior property lines measured along the front
setback line.
Manufactured housing. Residential structures that are constructed entirely in the
factory, and which since June 15, 1976, have been regulated by the Federal
Manufactured Home Construction and Safety Standards Act of 1974 under the
administration of the U.S. Department of Housing and Urban Development (HUD).
Mined lands. Includes the surface, subsurface. and groundwater of an area where
surface mining operations will be, are being, or have been conducted, including all
accessory access roads, land excavations, workings, mining waste, and areas where
structures, facilities, and surface mining equipment, machines, tools or other material or
property are located.
Minerals. Any naturally occurring chemical element, compound or groups of
elements and compounds, formed from inorganic processes or organic substances,
including, but not limited to, coal, granite, limestone, metals, peat, "redrock" sand and
gravel, tar sand and bituminous sandstone, but excluding geothermal resources, natural
gas, and petroleum.
Mining waste. Includes residual soil, minerals, liquid, vegetation, tailings,
abandoned equipment, tools, other materials or physical conditions directly resulting
from or displaced by mining.
Ministerial permit. Any permit that may be issued under the provisions of this title
without review by the Planning Commission or City Council. A ministerial decision
involves only the evaluation of a proposal with respect to fixed standards or objective
measurements, without the use of subjective criteria.
Mobile home. A trailer, transportable in one (1) or more sections, that is certified
under the National Manufactured Housing Construction and Safety Standards Act of
1974, which is over eight (8) feet in width and forty (40) feet in length, is tied down: (a)
to a permanent foundation on a lot either owned or leased by the homeowner; or (b) is
set on piers, with wheels removed and skirted, in a mobile home park and not including
recreational vehicle, commercial coach or factory -built housing. A mobile home on a
permanent foundation is included under the definition of "single-family dwellings."
Residential Multi -family Development: A Residential Multi -family property
zoned for multiple primary dwelling units that has been developed to the maximum
allowed density and which shares access, parking, and/or amenities regardless of the
number of underlying parcels. This may include. but is not limited to, attached or
detached residential units common interest subdivisions and related residential
development on a single or multiple lots developed as a single development project with
a developable density of at least 10 units per acre
Nonresidential use. All uses of land including agricultural, communication,
cultural, educational, recreation, manufacturing, processing, resource extraction, retail
trade, services, transient lodging, transportation and wholesale trade uses.
Nursery school. See "Preschool."
Obstruction in floodway. Any dam, wall, wharf, embankment, levee, dike, pile,
abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building,
wire fence, rock, gravel, refuse, fill, structure or matter in, along, across, or projecting
into any channel, watercourse, or flood hazard areas that may impede, retard or change
direction of flow, either in itself, or by catching or collecting debris carried by such water,
or that is placed where it might be carried downstream and damage life or property.
Occupant. The person occupying, or otherwise in real or apparent charge and
control of, a premises.
Official plan line. A line adopted by the City Council to indicate the area proposed
to be acquired for an enlarged right-of-way.
Open area. All areas of a lot not included within the definition of floor area:
parking, recreation spaces, passive open areas landscaped areas and other open,
unpaved areas of the site.
Outdoor activity area. Any part of a site where commercial, industrial, recreation
or storage activities related to the principal use of a site are conducted outdoors, except
for parking.
Owner. The person or persons, firm, corporation or partnership that is the owner of
record of a premises identified on the last equalized assessment roll.
Ownership. Ownership of one (1) or more parcels of land (or possession under a
contract to purchase or under a lease the term of which is not less than ten (10) years)
by a person or persons, firm, corporation or partnership, individually, jointly, in common
or in any other manner whereby such property is under single or unified control.
Parcel.
(a) A parcel of real property shown on a subdivision or plat map, required by the
Subdivision Map Act or local ordinance adopted pursuant thereto, to be recorded before
sale of parcels shown on the map or plot, at the time the map was recorded;
(b) A parcel of real property that has been issued a certificate of compliance
pursuant to Government Code Section 66499.35, or
(c) A parcel of real property not described in subsection (a) or (b) of this
definition, provided the parcel resulted from a separate conveyance or from a decree of
a court of competent jurisdiction which was recorded before the requirement of the filing
of the subdivision map by the Subdivision Map Act or local ordinance adopted pursuant
thereto.
Person. Any individual, firm, co -partnership, corporation, company, association,
joint stock association, City, County, State or district; and includes any trustee, receiver,
assignee, or other similar representatives thereof.
Planning Department. The City of Atascadero Planning Department, including the
Planning Director and all subordinate employees.
Planning Director. The Planning Director of the City of Atascadero. As used in
this title, Planning Director may include designated staff of the Planning Department
when acting in an official capacity.
Porch. Outdoor steps, stairs, and/or a raised platform less than one hundred (100)
square feet in area, located immediately adjacent to the entry of a building for the
purpose of providing pedestrian access from the outdoor ground elevation to a building
interior. If the platform portion of a porch, not including steps, is more than one hundred
(100) feet, it is considered a deck.
Preschool. Any type of group child day care programs including nurseries for
children of working mothers, nursery schools for children under the minimum age for
education in public schools, parent cooperative nursery schools and programs covering
afterschool care for school children provided such establishments are institutional in
character and are licensed by the State or County and conducted in accordance with
State requirements.
Primary Street. The street side of a property that typically provides property
access, addressing. a front yard space, and is parallel to the secondary street and
generally perpendicular to a corner street.
Project. Any land use, activity, construction or development which is required to be
authorized by a zoning approval pursuant to this title before beginning construction or
establishment of the use.
Property line. The recorded boundary of a lot of record.
Property line, front. The recorded boundary between the yard of a lot of record
and any abutting public or private street right-of-way.
Property line, interior. The recorded boundary between two (2) or more lots of
record.
Property line, street frontage. The recorded boundary between a lot of record
and a street right-of-way.
Public Resources Code. The Public Resources Code of the State of California.
Public utility. A company regulated by the California Public Utilities Commission.
Reader board. A sign that accommodates changeable copy and which displays
information on activities and events on the premises, but not including a marquee.
Reclamation. The process of land treatment that minimizes and mitigates
otherwise unavoidable or existing water degradation, air pollution, damage to aquatic or
wildlife habitat flooding, erosion, and other adverse effects from surface or underground
mining operations, including adverse surface effects incidental to underground mines,
so that mined lands are reclaimed and restored to a usable condition readily adaptable
for alternate land uses and that will constitute no danger to public health or safety. The
process may extend to affected lands surrounding mined lands, and may require
backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other
measures.
Reclamation plan. A mine operator's completed and approved plan for reclaiming
the lands affected by mining operations conducted after January 1, 1976, as called for
in Section 2772 of the Public Resources Code.
Recreational Vehicle. Recreational vehicles are defined as any vehicle, coach,
camper, travel trailer, boat, or similar movable recreational facility regulated by the vehicle
code that does not have a permanent foundation. Recreational vehicles are not permitted
to be used as any type of residential unit or residential accessory use.
D t-no-nalye hiGle A metnrhnmo he se r travel trailer, tri Gk Gamper rir
trailer,Gamping
with eF without PnGtive power, designed fGF human habitation ore
eight (13) feet 9F leass !A ;A.gidth and feFty (4 0) feet
nr less in length
Recycling facility. Any lot or portion of a lot used for the purpose of outdoor
storage, sorting, handling, processing, dismantling, wrecking, keeping or sale of
inoperative, discarded, wrecked, or abandoned appliances, vehicles, boats, building
materials, machinery, equipment, or parts thereof, including but not limited to scrap
materials, wood, lumber, plastic, fiber, or other tangible materials that cannot, without
further reconditioning, be used for their original purposes. Includes wrecking yards for
vehicip
Residential Additions. Residential additions (additions) are defined as an increase
of floor area to a residential unit. Habitable residential additions shall have a continuous,
logical internal connection of conditioned space that provides for access to all portions of
the unit and addition. Doors or other partitions may not be used to create two (2) separate
living spaces.
The addition shall not have a secondary kitchen; however, a wet bar is permissible
as defined by Section 9-5.020(1). Additions must have a minimum ten (10) feet of shared
common wall and a logical internal connection of conditioned space that provides access
to all portions of the unit and addition. A breezeway or similar roof connection of
unenclosed or unconditioned space. regardless of length, shall not be considered a
residential addition.
Residential care facility. Any facility, place, or building that is maintained and
operated to provide nonmedical residential care or day care, services for children or
adults (except for preschools which are separately defined) who are physically
handicapped or mentally retarded.
Resource extraction well. Any facility constructed or installed for the purpose of
extracting minerals from the earth that occur in a fluid or gaseous state, or minerals
converted to a gaseous or semifluid state through extraction processes, which involve
the penetration of subterranean regions by means of drilling apparatus. For the
purposes of this definition only, mineral resources include oil, gas, geothermal steam, or
other subterranean deposits, except water. Extraction wells as defined herein may be
for purposes of exploration or production.
Rest home. See "Residential care facility."
Revegation. Any combination of mechanical or other means by which a graded
surface is returned to a condition where it supports significant natural vegetation.
Right-of-way. A road, alley, pedestrian or other access right-of-way with width
described in recorded documents.
Road, private. A road providing vehicular access to five (5) or more lots of record
that is not in the City -maintained road system.
Road, public. A road providing vehicular access that is in the City -maintained road
system.
Scrap. Used metal including appliances and machine parts, which can be recycled
or reused only with repair, refurbishing, or attachment to other such materials.
Sedimentation. The addition of soil materials through erosion to a stream or water
body that increases the turbidity of the water.
Setback. An open area on a lot between a building and a property line unoccupied
and unobstructed from the ground upward, except as otherwise provided in Section 9-
4.103 (refer to Figure 9-G).
An}C
tv% at i6 rS w"wo w,
a
01 A,*
`1' Iib L�74
FIGURE 9-F: SETBACKS AND BUILDABLE AREA
Setback, frit Street (primary, secondary, or corner)_ An open area without
structures, extending across the frontage of a lot between the side property lines
abutting a rivate or public ri ht-of-wa The front of o lot is the moot RarFew dimoncinn
of the lot parallel to a street and adjaGent to that StFeet, eXGept as pFevided for flag lots
PGFtiGR of the flag to Genstitute the front yard
Setback, interior. Any open area of a site not within a required frrivrRstreet, rear, or
side setback area (see Figure 9-F).
Setback line. The line formed by the measurement of required front, side, or rear
yard areas required by this title. All setback lines together define the buildable area.
Setback, rear. A primarily open area without principal structures, extending across
the full width of the lot and measured between the rear line of the lot and the nearest
line of the building (see Figure 9-F).
Setback, side. A primarily open area without principal structures, between the side
line of the lot and the nearest line of the building and extending between the required
fr� street and rear setbacks (see Figure 9-F).
Sign. Any visual device or representation designed or used for communicating a
message, or identifying or attracting attention to a premises, product, service, person,
organization, business or event, not including such devices visible only from within a
building.
Sign area. The area of the smallest rectangle within which a single sign face can
be enclosed.
Sign copy. The information content of a sign, including text, illustrations, logos,
and trademarks.
Sign, directory. A sign identifying the location of occupants of a building or group
of buildings which are divided into rooms or suites used as separate offices, studios or
shops.
Sign, exterior -illuminated. Any sign, any part of which is illuminated from an
exterior artificial light source mounted on the sign, another structure, or the ground.
Sign face. The visible portions of a sign including all characters and symbols, but
excluding structural elements not an integral part of the display.
Sign, freestanding. A sign not attached to any buildings and having its own
support structure.
Sign, freeway identification. An on-site sign permitted for a highway -oriented
use.
Sign height. The vertical distance from average adjacent ground level to the top of
the sign including the support structure and any design elements.
Sign, identification. Any sign identifying an occupant, apartment, residence,
school, church, or certain business uses and not advertising any product or service.
Sign, interior -illuminated. A sign with any portion of the sign face or outline
illuminated by an interior light source.
Sign, monument. A self -supported sign with its base on the ground, not
exceeding six (6) feet in height.
Sign, nonilluminated. A sign illuminated only incidentally by ambient light
conditions.
Sign, off -premises. A sign directing attention to a business, service, product, or
entertainment not sold or offered on the premises on which the sign is located.
Sign, political. A sign drawing attention to or communicating a position on any
issue, candidate, or measure in any national, State, local or school campus election.
Sign, price. A sign on the premises of a gasoline service station, identifying the
cost and type or grade of motor fuel only.
Sign, roof. Any sign located on, or attached to the roof of a building.
Sign, suspended. A sign attached to and located below any permanent eave,
roof, or canopy.
Sign, temporary. A sign used not more than sixty (60) days, or other period
limited by the duration of a temporary use.
Sign, wall. A single -faced sign painted on or attached to a building or wall, no part'
of which extends out from or above a wall more than six (6) inches.
Sign, window. A sign displayed within a building or attached to a window but
visible through a window or similar opening for the primary purpose of exterior visibility.
Single room occupancy unit (SRO). A structure that provides separate, single
room, residential living units with no on -premises residential medical care. Units within
the structure may have individual bathroom facilities, shared bath or toilet facilities for
the residents, or any combination thereof. SRO may include structures commonly called
rooming houses or boarding houses. SRO facilities shall not be age restricted. Age
restricted SRO facilities shall be considered a residential care facility for the elderly
(RCFE).
Site area, gross. The total area of a legally created parcel (or contiguous parcels
of land in single or joint ownership when used in combination for a building or permitted
group of buildings), including any ultimate street right-of-way, existing rights-of-way
deeded to the parcel, and all easements, except open space easements, across the
site.
Site area, net. The gross site area minus any ultimate street rights-of-way and all
easements, except open easements, that limit the surface use of the site for building
construction.
Site area, usable. Net site area minus any portions of the site that are precluded
from building construction by natural features or hazards, such as areas subject to
inundation.
Slope, average. The characteristic slope over an area of land, expressed in
percent as the ratio of vertical rise to horizontal distance. Average slope is to be
determined based on the most accurate available topographic information for each
proposed new lot. One of the following methods for determining average slope is to be
used:
(a) Basic Method. Where a line drawn between highest and lowest points on a
parcel is adequate to represent direction and extent of slope for the entire parcel, the
difference in elevation between the high and low points, divided by the distance
between the points, will determine the average slope.
(b) Sectional Method. Where the parcel contains distinct sections of differing
slope, the average slope of each section may be determined according to either the
basic method in subsection (a) of this definition or the contour measurement method in
subsection (c) of this definition. The average slope of each section is then used in
proportion of the section's area to the total area to determine the average slope of the
entire parcel.
(c) Contour Measurement Method. Where precise measurement of the average
slope is required due to varied slope conditions or complex topography, the following
formula will be used:
S= 2.29X10-3lL
I_1
Where S = Average slope of parcel in percent
A = Total number of acres in the parcel (or section of parcel)
L = Length of contour lines in scaled feet
I = Vertical distance of contour interval in feet
Sound level meter. Any instrument including a microphone, amplifier, output
meter and frequency weighing networks for the measurement of sound levels, which
meets or exceeds the requirements pertinent for type S2A meters in ANSI specifications
for sound level meters, S1.4-1971, or the most recent revision thereof.
State Board. The State Mining and Geology Board, in the Department of
Conservation, State of California.
State Geologist. The individual holding office as structured in Section 677 of the
Public Resources Code.
Storage area. An area proposed or used for the outdoor storage of supplies or
equipment, or goods for sale, lease, or incidental use.
Story. Usable floors of a building, except that where this ordinance uses stories as
a measurement of a building height. Basements or building floors six (6) feet or more
below street level are not included.
Structural alteration. Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
Structure. Any artifact constructed or erected, the use of which requires
attachment to the ground, including any building, but not including fences or walls six (6)
feet or less in height.
Structure, accessory. A structure, the use of which is incidental to that of a
principal structure on the same lot. May be either detached or attached if part of the
principal structure.
Subject site. A parcel or parcels of land which are the intended or actual location
of a land use or land development project which is the subject of an application for
zoning approval, construction permit, variance or adjustment, or an amendment to the
land use element.
Substation. Any public utility electrical substation, pumping station, pressure
regulating station, or similar facility.
Supportive housing. Housing with no limit on length of stay, that is occupied by
the clients of social services, such as persons with medical or mental health conditions,
and that is linked to on- or off-site services that assist the supportive housing resident in
retaining the housing, improving his or her health status, and maximizing his or her
ability to live in and, when possible, work in the community, where no on-site medical
care is provided. This definition excludes housing for halfway houses intended for
occupancy by parolees or convicted persons, children's homes, halfway houses,
rehabilitation centers, and self-help group homes.
Surface mining operations. All or any part of the process involved in the mining
of minerals or construction materials on mined lands by removing overburden and
mining directly from the mineral deposits, open -pit mining of minerals naturally exposed,
mining by the auger method, dredging and quarrying, or surface work incidental to an
underground mine. In addition, surface mining operations include, but are not limited to:
(a) In place distillation, retorting, or leaching.
(b) The production and disposal of mining waste.
(c) Prospecting and exploratory activities.
(d) Extractions of natural materials for building, construction, etc.
Temporarily deactivated operation. A surface mine that has been closed down
and which the operator has maintained in the expectation of reopening it when
conditions justify.
Terrace.
(a) In the case of a grading or surface mining operation, a terrace is a relatively
level step constructed in the face of a graded slope surface for drainage and
maintenance purposes.
(b) A terrace is also an outdoor living or activity area constructed with tile,
asphalt, concrete or other paving laid upon continuous base material or fill, placed
directly on grade.
Transitional housing. Buildings configured as rental housing developments, but
operated under program requirements that call for the termination of assistance and
recirculation of the assisted unit to another eligible program recipient at some
predetermined future point in time, which shall be no less than six (6) months (Health
and Safety Code Section 50675.2(h)). This definition excludes housing for halfway
houses intended for occupancy by parolees or convicted persons, children's homes,
halfway houses, rehabilitation centers, and self-help group homes.
Use. The purpose for which a parcel of land, a premises or building is designed,
arranged or intended, or for which it is or may be occupied or maintained.
Use, accessory. A use accessory to any permitted use and customarily a part
thereof, which is clearly incidental and secondary to the permitted use and does not
change the character of the main use.
Use, allowable. A use of land identified in Chapter 9-3 being appropriate in a
given zoning district subject to the standards of this title.
Use, approved. A use of land authorized to be constructed and/or established
through issuance of an approved plot plan, precise plan or conditional use permit.
Use, area. The area of a site used for buildings (main or accessory) and storage
area or other incidental use, but not including parking or landscaping.
Use area, active. All portions of a site and buildings included in the use area,
except storage, parking and landscaping.
Use, new. A use of land which is proposed to be established or constructed after
the adoption of this title.
Use, principal or main. The primary purpose for which a building, structure, or lot
is designed, arranged, or intended, or for which they may be used, occupied, or
maintained under this title.
Use, structural. A use of land accompanied by a building or structure (not
including fences), on the same lot of record.
Vacation rental. Any habitable structure, or portion thereof, utilized as a short-term
rental for stays of 30 days or more.
Wall, building. The length of a building wall is the horizontal distance from corner
to corner measured from a plan parallel to the appropriate side, rear or front lot lines.
Watercourse. The normal channel or limits of an intermittent or perennial stream,
or other body of water, during nonflood conditions.
Wet Bar. A wet bar is defined as a small counter equipped with a sink for running
water consistent with the following:
(1) A wet bar does not include a stove, built-in microwave, dishwasher, or
garbage disposal.
(2) A gas line shall not be installed in proximity to a wet bar.
(3) A wet bar sink shall have a single trap drain size limited to one and one-half
0 Y2) inches maximum.
(4) A wet bar shall include a counter with a maximum four (4) foot length and
not to exceed twelve 0 9) square fe?t of total cn,Anter space
Yard. An open space, other than a court, on a lot which space is unoccupied and
unobstructed from the ground upward.
Zero lot line development. A residential project where dwelling units on individual
lots of record are located so they all abut one side property line, without a setback (refer
to Figure 9-H).
Fi(XPX!9-G; ZERO LOT LM.
Dr E'EN OP.14"Etti'!"
Zoning approval. Same as entitlement.
-t-t-
Fi(XPX!9-G; ZERO LOT LM.
Dr E'EN OP.14"Etti'!"
Zoning approval. Same as entitlement.