HomeMy WebLinkAboutCC_2022_11_08_AgendaPacket CITY OF ATASCADERO CITY COUNCIL AGENDA
HYBRID MEETING INFORMATION:
In accordance with City Council Resolution No. 2022-071 and the requirements of
AB 361, the City Council Meeting will be available via teleconference for those who
wish to participate remotely. The City Council meeting will also be held in the City
Council Chambers and in-person attendance will be available at that location.
HOW TO OBSERVE THE MEETING REMOTELY:
To participate remotely, residents can livestream the meeting on Zoom, SLO-SPAN.org,
on Spectrum cable Channel 20 in Atascadero, and listen live on KPRL Radio 1230AM
and 99.3FM. The video recording of the meeting will repeat daily on Channel 20 at 1:00
am, 9:00 am, and 6:00 pm and will be available through the City’s website and on the
City’s YouTube Channel. To participate remotely using the Zoom platform please visit
https://us02web.zoom.us/webinar/register/WN_ZwJ7a031S3KXauEym9ehaA.
HOW TO SUBMIT PUBLIC COMMENT:
Individuals who wish to provide public comment in-person may attend the meeting in
the City Council Chambers. Individuals who wish to participate remotely may call
(669) 900-6833 (Meeting ID: 889 2347 9018) to listen and provide public comment via
phone or via the Zoom platform using the link above.
If you wish to comment but not via a live platform, please email public comments to
cityclerk@atascadero.org. Such email comments must identify the Agenda Item Number
in the subject line of the email. The comments will be forwarded to the City Council and
made a part of the administrative record. To ensure distribution to the City Council prior
to consideration of the agenda, the public is encouraged to submit comments no later
than 12:00 p.m. the day of the meeting. Those comments, as well as any comments
received after that time, but before the close of the item, will be distributed to the City Council,
posted on the City’s website, and will be made part of the official public record of the meeting.
Please note, email comments will not be read into the record.
AMERICAN DISABILITY ACT ACCOMMODATIONS:
Any member of the public who needs accommodations should contact the City
Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48
hours prior to the meeting or time when services are needed. The City will use their
best efforts to provide reasonable accommodations to afford as much accessibility
as possible while also maintaining public safety in accordance with the City procedure
for resolving reasonable accommodation requests.
City Council agendas and minutes may be viewed on the City's website:
www.atascadero.org/agendas.
Copies of the staff reports or other documentation relating to each item of business referred to on
the Agenda are on file in the office of the City Clerk and are available for public inspection on our
website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number
once they are approved by the City Council. The Minutes of this meeting will reflect these numbers.
All documents submitted by the public during Council meetings that are made a part of the record or
referred to in their statement will be noted in the Minutes and available for review by contacting the
City Clerk's office. All documents will be available for public inspection by appointment during City
Hall business hours.
Page 1 of 103
CITY OF ATASCADERO
CITY COUNCIL
AGENDA
Tuesday, November 8, 2022
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Funk
ROLL CALL: Mayor Moreno
Mayor Pro Tem Newsom
Council Member Bourbeau
Council Member Dariz
Council Member Funk
APPROVAL OF AGENDA: Roll Call
Recommendation: Council:
1. Approve this agenda; and
2. Waive the reading in full of all ordinances appearing on this agenda, and the titles
of the ordinances will be read aloud by the City Clerk at the first reading, after the
motion and before the City Council votes.
PRESENTATIONS:
1. National Adoption Month Proclamation
A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine
and non-controversial by City staff and will be approved by one motion if no member of
the Council or public wishes to comment or ask questions. If comment or discussion is
desired by anyone, the item will be removed from the Consent Calendar and will be
considered in the listed sequence with an opportunity for any member of the public to
address the Council concerning the item before action is taken.)
City Council Regular Session: 6:00 P.M.
Page 2 of 103
1. City Council Draft Action Minutes – October 25, 2022
▪ Recommendation: Council approve the October 25, 2022 Draft City Council
Regular Meeting Minutes. [City Clerk]
2. Virtual Meeting – AB 361 Requirements
▪ Fiscal Impact: None.
▪ Recommendation: Council adopt Draft Resolution making findings consistent
with the requirements of AB 361 to continue to allow for the conduct of virtual
meetings. [City Manager]
3. Ordinances Adopting Standards for Accessory Dwelling Units and Junior
Accessory Dwelling Units (AMC Title 9)
▪ Fiscal Impact: The addition of ADUs and JADUs in accordance with State law,
without fees or other mechanisms in place to ensure that services and
infrastructure can be provided to serve the residents of the new units, will have
a significant long-term negative fiscal impact to the City, its infrastructure, and
its capacity to serve its citizens.
▪ Recommendation: Council:
1. Adopt, on second reading, by title only, Draft Ordinance A, repealing and
replacing Chapter 5 (accessory dwelling units) of Title 9 of the Atascadero
Municipal Code.
2. Adopt, on second reading, by title only, Draft Ordinance B, amending Title
9 for consistency with updated Chapters 5 and 18 related to accessory
dwelling units and urban dwelling units. [Community Development]
4. MOU with City of Paso Robles Regarding Shared Board Seats for Central
Coast Community Energy
▪ Fiscal Impact: None.
▪ Recommendation: Council authorize the City Manager to execute a
Memorandum of Understanding (MOU), in a form substantially similar to the
Draft MOU presented with this report, with the City of Paso Robles for a shared
governance seat on the Policy Board and Operations Board and for the
selection of a Community Advisory Council appointment for Central Coast
Community Energy. [City Manager]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any
current issues of concern to the City Council.)
1. North County Broadband Strategy Project
2. Information on Upcoming Building Code Changes
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the record
before making your presentation. Comments made during Community Forum will not be a
subject of discussion. A maximum of 30 minutes will be allowed for Community Forum,
unless changed by the Council. Comments will be allowed for the entire 30-minute period
so if the final speaker has finished before the 30 minute period has ended and a member of
the public wishes to make a comment after the Council has commenced another item, the
member should alert the Clerk within the 30 minute period of their desire to make a comment
and the Council will take up that comment upon completion of the item which was
Page 3 of 103
commenced. Any members of the public who have questions or need information may
contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00 p.m. at (805) 470-
3400, or cityclerk@atascadero.org.)
B. PUBLIC HEARINGS: None.
C. MANAGEMENT REPORTS: None.
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS: (On their own
initiative, Council Members may make a brief announcement or a brief report on their
own activities. The following represent standing committees. Informative status
reports will be given, as felt necessary):
Mayor Moreno
1. City Selection Committee
2. County Mayors Round Table
3. Regional Economic Action Coalition (REACH)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Newsom
1. City / Schools Committee
2. Design Review Committee
3. League of California Cities – Council Liaison
4. Visit SLO CAL Advisory Committee
Council Member Bourbeau
1. City of Atascadero Finance Committee
2. City / Schools Committee
3. Integrated Waste Management Authority (IWMA)
4. SLO County Water Resources Advisory Committee (WRAC)
Council Member Dariz
1. Air Pollution Control District
2. California Joint Powers Insurance Authority (CJPIA) Board
3. City of Atascadero Finance Committee
4. Community Action Partnership of San Luis Obispo (CAPSLO)
Council Member Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
2. Design Review Committee
3. Homeless Services Oversight Council
E. INDIVIDUAL DETERMINATION AND / OR ACTION: (Council Members may ask a
question for clarification, make a referral to staff or take action to have staff place a
matter of business on a future agenda. The Council may take action on items listed
on the Agenda.)
1. City Council
2. City Clerk
Page 4 of 103
3. City Treasurer
4. City Attorney
5. City Manager
F. ADJOURNMENT
Page 5 of 103
ITEM NUMBER: A-1
DATE: 11/08/22
CITY OF ATASCADERO
CITY COUNCIL
DRAFT MINUTES
Tuesday, October 25, 2022
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
REGULAR SESSION – CALL TO ORDER: 6:00 P.M.
Mayor Moreno called the meeting to order at 6:00 p.m. and Council Member Dariz led the
Pledge of Allegiance.
ROLL CALL:
Present: Council Members Bourbeau, Dariz, and Funk, and Mayor Moreno
Absent: Mayor Pro Tem Newsom
Others Present: None
Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri
Rangel, Community Development Director Phil Dunsmore, Fire Chief
Casey Bryson, Interim Police Chief Jerel Haley, Public Works Director
Nick DeBar, City Attorney Brian Pierik, Deputy City Manager/City Clerk
Lara Christensen, Deputy City Manager – IT Luke Knight, and Senior
Planner Kelly Gleason
APPROVAL OF AGENDA:
MOTION: By Council Member Bourbeau and seconded by Council Member Funk to:
1. Approve this agenda; and,
2. Waive the reading in full of all ordinances appearing on this
agenda, and the titles of the ordinances will be read aloud by
the City Clerk at the first reading, after the motion and before
the City Council votes.
Motion passed 4:0 by a roll-call vote. Newsom absent.
City Council Regular Session: 6:00 P.M.
Page 6 of 103
ITEM NUMBER: A-1
DATE: 11/08/22
PRESENTATIONS:
1. California Park & Recreation Society District 8 Awards
a. 2022 Champion of the Community – Mark Capozzoli
b. Excellence in Design: Facility & Park Planning – Pickleball Courts
The City Council recognized Mark Capozzoli for being selected the 2022 CPRS District 8
Champion of the Community and the Atascadero Pickleball Courts for receiving the 2022
CPRS District 8 Excellence in Design: Facility & Park Planning award.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes – October 11, 2022
▪ Recommendation: Council approve the October 11, 2022 Draft City Council
Regular Meeting Minutes. [City Clerk]
2. September 2022 Accounts Payable and Payroll
▪ Fiscal Impact: $4,939,932.66.
▪ Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for September 2022. [Administrative Services]
3. Pine Mountain Backup Power Replacement
▪ Fiscal Impact: $16,500.
▪ Recommendation: Council authorize the Director of Administrative Services to
appropriate $13,700 in Vehicle and Equipment Replacement Fund reserves
and $2,800 in General Fund reserves for the purchase and installation of a
backup generator and related equipment for the Pine Mountain radio repeater
facility. [Information Technology]
4. Parcel Map AT 18-0123 (11885 Halcon Road)
▪ Fiscal Impact: None.
▪ Recommendation: Council:
1. Approve Parcel Map AT 18-0123.
2. Accept the offer of dedications for the Bicycle and Pedestrian Access
Easement and the Public Utility Easements on behalf of the public.
3. Reject the offer of dedication for Via Milagro without prejudice to future
acceptance on behalf of the public. [Public Works]
MOTION: By Council Member Bourbeau and seconded by Council Member
Dariz to approve the Consent Calendar.
Motion passed 4:0 by a roll-call vote. Newsom absent.
UPDATES FROM THE CITY MANAGER:
City Manager Rickard gave an update on projects and events within the City.
COMMUNITY FORUM:
The following persons spoke in-person, by telephone or through the webinar: Zach Jackson,
Randy Carminati, and Geoff Auslen.
Page 7 of 103
ITEM NUMBER: A-1
DATE: 11/08/22
B. PUBLIC HEARINGS:
1. Accessory Dwelling Unit Text Amendments (AMC Title 9)
▪ Fiscal Impact: The addition of ADUs and JADUs in accordance with State law
without fees or other mechanisms in place to ensure that services and
infrastructure can be provided to serve the residents of the new units will have
a significant long-term negative fiscal impact to the City, its infrastructure, and
its capacity to serve its citizens.
▪ Recommendation: Council:
1. Introduce, for first reading, by title only, Draft Ordinance A, repealing and
replacing Chapter 5 (Accessory Dwelling Units) of Title 9 of the Atascadero
Municipal Code.
2. Introduce, for first reading, by title only, Draft Ordinance B, amending Title
9 for consistency with updated Chapters 5 and 18 related to Accessory
Dwelling Units and Urban Dwelling Units. [Community Development]
Council Member Dariz noted that he is an architect and he has or may have clients who are
building ADUs, JADUs, and/or UDUs, which creates a potential conflict of interest. He
stepped down from the dais, recusing himself from the discussion and vote for this item.
Ex Parte Communications:
Since the September 13, 2022 Meeting, Council Member Bourbeau reported speaking with
Geoff Auslen, Max Zappas, and management at the manufactured home dealership in Paso
Robles.
Council Member Funk and Mayor Moreno had nothing new to report.
Community Development Director Dunsmore and Senior Planner Gleason gave the staff
report and answered questions from the Council. City Manager Rickard also answered
questions from the Council.
PUBLIC COMMENT:
The following citizens spoke on this item: Geoff Auslen.
Mayor Moreno closed the Public Comment period.
Mayor Moreno recessed the meeting at 8:08 p.m.
Mayor Moreno reconvened the meeting at 8:23 p.m. with all present. Dariz recused.
MOTION: By Council Member Funk and seconded by Council Member
Bourbeau to:
1. Introduce, for first reading, by title only, Draft Ordinance A,
repealing and replacing Chapter 5 (Accessory Dwelling Units)
of Title 9 of the Atascadero Municipal Code with the following
changes:
• Deleting 9-5.050(a)(2)(b) The ADU contains at least 3
bedrooms
• Updating 9-5.050(e)(1) by removing the words in a
single-family zone
Page 8 of 103
ITEM NUMBER: A-1
DATE: 11/08/22
• Updating 9-5.050(f)(1)(ii) by changing the word rear to
side
• Updating 9-5.050(f)(1)(iii) by changing the words up to
to a minimum of
• Updating 9-5.050(f)(5)(iii) by changing the words up to
to a minimum of
2. Introduce, for first reading, by title only, Draft Ordinance B,
amending Title 9 for consistency with updated Chapters 5 and
18 related to Accessory Dwelling Units and Urban Dwelling
Units with the following changes:
• Updating 9-3.330 Table 3-2 Footnote 1 to read
• Revising the definition of Vacation Rental in 9-9.102 to
read “Any habitable structure, or portion thereof,
utilized as a short-term rental for stays of 30 days or
less.”
Deputy City Manager/City Clerk Christensen read the title of the Ordinances:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING TITLE 9,
PLANNING AND ZONING, TO REPEAL AND REPLACE CHAPTER 5,
ACCESSORY DWELLING UNITS, OF THE ATASCADERO MUNICIPAL CODE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING SECTIONS 9-3.330, 9-3.490,
9-3.500, 9-3.651, 9-3.662, 9-3.679, 9-3.677, 9-4.106, 9-4.107, 9-4.108,
9-4.116, 9-4.128, 9-6.103, 9-6.106, 9-9.102 OF TITLE 9, PLANNING
AND ZONING, OF THE ATASCADERO MUNICIPAL CODE FOR
CONSISTENCY WITH STATE REGULATIONS REGARDING ACCESSORY
DWELLING UNITS AND URBAN DWELLING UNITS
Motion passed 3:0 by a roll-call vote. Dariz recused. Newsom absent.
Council Member Dariz returned to the dais at 8:25 p.m.
C. MANAGEMENT REPORTS:
1. Wrestling Bacchantes Statue Enhancements
▪ Fiscal Impact: Reallocation of $7,000 in 2010 Bond Proceeds Master
Agreement Funds.
▪ Recommendation: Council:
1. Approve the addition of a viewing sidewalk around the Wrestling
Bacchantes statue in the Sunken Gardens Concept Plan.
2. Authorize the Director of Administrative Services to reallocate $7,000 in
2010 Bond Proceeds Master Agreement Funds to the Wrestling
Page 9 of 103
ITEM NUMBER: A-1
DATE: 11/08/22
Bacchantes Project from the Centennial Bridge and Plaza Project.
[Public Works]
Public Works Director DeBar gave the report and answered questions from the Council.
MOTION: By Council Member Bourbeau and seconded by Council Member
Dariz to:
1. Approve the addition of a viewing sidewalk around the Wrestling
Bacchantes statue in the Sunken Gardens Concept Plan.
2. Authorize the Director of Administrative Services to reallocate
$7,000 in 2010 Bond Proceeds Master Agreement Funds to the
Wrestling Bacchantes Project from the Centennial Bridge and
Plaza Project.
Motion passed 4:0 by a roll-call vote. Newsom absent.
D. COUNCIL ANNOUNCEMENTS AND COMMITTEE REPORTS:
The following Council Members gave brief update reports on their committees since their
last Council meeting:
Mayor Moreno
1. SLO Regional Transit Authority (RTA)
Council Member Bourbeau
1. Integrated Waste Management Authority (IWMA)
2. County Mayors Round Table
Council Member Dariz
1. Community Action Partnership of San Luis Obispo (CAPSLO)
Council Member Funk
1. Atascadero Basin Ground Water Sustainability Agency (GSA)
2. Homeless Services Oversight Council
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
Council Member Funk noted that ballots are out and encouraged everyone to be sure to
return them by November 8.
F. ADJOURNMENT
Mayor Moreno adjourned the meeting at 8:36 p.m.
MINUTES PREPARED BY:
______________________________________
Lara K. Christensen
City Clerk
APPROVED:
Page 10 of 103
ITEM NUMBER: A-2
DATE: 11/08/22
Atascadero City Council
Staff Report - City Manager
Virtual Meetings – AB 361 Requirements
RECOMMENDATION:
Council adopt Draft Resolution making findings consistent with the requirements of
AB 361 to continue to allow for the conduct of virtual meetings.
DISCUSSION:
On March 4, 2020, Governor Newsom declared a state of emergency due to the novel
coronavirus COVID-19. That declaration is still in effect. Since March 12, 2020,
Executive Orders from the Governor relaxed various Brown Act meeting requirements
relating to teleconferencing rules, temporarily suspending the Brown Act provisions
requiring the physical presence of council, board and commission members at public
meetings. The most recent extension of those Orders expired on September 30, 2021.
On Friday, September 17, 2021, the Governor signed AB 361. AB 361 amends
Government Code section 54953 to provide more clarity on the Brown Act’s rules and
restrictions surrounding the use of teleconferencing to conduct meetings. The newly
enacted Government Code Section 54953(e) creates alternate measures to protect the
ability of the public to appear before local legislative bodies.
With the passage of AB 361, local agencies are allowed to continue to conduct virtual
meetings during a declared state of emergency, provided local agencies comply with
specified requirements. The City Council previously adopted Resolution No. 2021-066
on September 28, 2021, finding that the requisite conditions exist for the legislative
bodies of the City of Atascadero to conduct remote teleconference meetings in
compliance with AB 361. (Government Code Section 54953(e).) AB 361 requires the
City Council to reconsider the circumstances of the state of emergency not later than 30
days after teleconferencing for the first time pursuant to AB 361 and every 30 days
thereafter in order to continue to conduct remote teleconference meetings. The City
Council previously adopted Resolution No. 2021-069 on October 26, 2021; Resolution
No. 2021-073 on November 23, 2021; Resolution No. 2021-074 on December 14, 2021;
Resolution No. 2022-001 on January 11, 2022; Resolution No. 2022-003 on February 8,
2022; Resolution No. 2022-010 on March 8, 2022; Resolution No. 2022-010 on April 12,
2022; Resolution No. 2022-032 on May 10, 2022; Resolution No. 2022-038 on May 26,
2022; Resolution No. 2022-044 on June 14, 2022; Resolution No. 2022-064 on July 12,
2022; Resolution No. 2022-066 on August 9, 2022; Resolution No. 2022-068 on
Page 11 of 103
ITEM NUMBER: A-2
DATE: 11/08/22
September 13, 2022; and Resolution No. 2022-071 on October 11, 2022, making the
requisite findings to continue remote teleconferencing. Circumstances have not
changed since the Council’s adoption of Resolution No. 2022-071.
In order to continue remote teleconferencing, the City Council must make the following
findings (Gov. Code § 52953(e)(3)):
• The City Council has reconsidered the circumstances of the state of emergency.
• Any of the following circumstances exist:
o The state of emergency continues to directly impact the ability of the
members to meet safely in person.
o State or local officials continue to impose or recommend measures to
promote social distancing.
Social distancing is the term used for measures that reduce physical contact between
infectious and susceptible people during a disease outbreak. While local and state
mask mandates have been lifted, and the San Luis Obispo County local health
emergency has been terminated, there are still some remaining social distancing
measures in place to reduce the spread of COVID.
• The California Department of Public Health continues to strongly recommend
masks for all persons, regardless of vaccine status, in indoor public settings and
businesses.
• The City remains subject to the State Occupational Safety and Health
Administration (CalOSHA) regulations which, among other requirements,
continues to obligate an employer to provide training to employees on COVID-19
transmission and risk reduction, including “The fact that particles containing the
virus can travel more than six feet, especially indoors, so physical distancing,
face coverings, increased ventilation indoors, and respiratory protection decrease
the spread of COVID-19, but are most effective when used in combination.”
(CCR Section 3205(c)5(D).)
• CDC continues to have quarantine and isolation recommendations for those that
have tested positive for COVID, those that have symptoms of COVID and for
those that have been exposed to COVID. These isolation and quarantine
requirements continue to often prevent employees and community members
from attending meetings in person.
Should the Draft Resolution not be adopted, and the City Council (or an individual
Council Member) elects to attend virtually, the City must comply with the provisions of
Government Code Section 54953(3)(b):
• Agendas shall be posted at all teleconferencing locations
• Each teleconference location shall be identified on the agenda
• Each teleconference location shall be accessible to the public
• At least a quorum of the Council shall participate from locations with the
boundaries of the City
• The public shall be provided an opportunity to address the Council directly at
each teleconference location
Page 12 of 103
ITEM NUMBER: A-2
DATE: 11/08/22
Adoption of the Draft Resolution does not prohibit the conduct of a traditional or hybrid
meeting in accordance with state and local regulations. At Council’s direction on March
8, 2022, and because CDC measures are still in place that could prevent a member of
the public from participating in the meeting in person, if the Draft Resolution were not
adopted, hybrid City Council meetings will continue to be conducted, allowing public
participation both virtually and in-person. At this time, there is not staff available to
conduct all advisory body meetings (such as Planning Commission, Design Review
Committee, ATBID, CSTOC) in a hybrid fashion and adoption of the Draft Resolution
allows these meetings to continue to be conducted virtually. If the Draft Resolution was
not adopted, these advisory bodies would need to return to the traditional in-person
meeting model, effective immediately.
FISCAL IMPACT:
None.
ATTACHMENT:
Draft Resolution
Page 13 of 103
ITEM NUMBER: A-2
DATE:
ATTACHMENT:
11/08/22
1
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
PROCLAIMING THE CONTINUING NEED TO MEET BY
TELECONFERENCE PURSUANT TO
GOVERNMENT CODE SECTION 54953(e)
WHEREAS, all meetings of the City of Atascadero legislative bodies are open and public
as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963); and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for
remote teleconferencing participation in meetings by members of a legislative body, without
compliance with the requirements of Government Code section 54953(b)(3), subject to the
existence of certain conditions; and
WHEREAS, Government Code section 54953(e) was added by AB 361, signed by
Governor Newsom on September 17, 2021; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency as a
result of the COVID-19 pandemic; and
WHEREAS, on March 17, 2020, the City of Atascadero declared a State of Emergency as
a result of the COVID-19 pandemic; and
WHEREAS, such State of Emergency remains in effect; and
WHEREAS, COVID-19 continues to threaten the health and lives of City of Atascadero
residents; and
WHEREAS, subsequent variants are highly transmissible in indoor settings and
breakthrough cases are more common; and
WHEREAS, state officials have imposed or recommended measures to promote social
distancing to include the wearing of masks indoors, regardless of vaccination status; and
WHEREAS, the City Council previously adopted Resolution No. 2021-066 on
September 28, 2021; Resolution No. 2021-069 on October 26, 2021; Resolution No. 2021-073 on
November 23, 2021; Resolution No. 2021-074 on December 14, 2021; Resolution No. 2022-001
on January 11, 2022; Resolution No. 2022-003 on February 8, 2022; Resolution No. 2022-006 on
March 8, 2022; Resolution No. 2022-010 on April 12, 2022; Resolution No. 2022-032 on May 10,
2022; Resolution No. 2022-038 on May 26, 2022; Resolution No. 2022-064 on July 12, 2022;
Resolution No. 2022-066 on August 9, 2022; Resolution No. 2022-068 on September 13, 2022;
and Resolution No. 2022-071 on October 11, 2022, finding that the requisite conditions exist and
continue to exist for the legislative bodies of the City of Atascadero to conduct remote
teleconference meetings in compliance with Government Code Section 54953(e); and
Page 14 of 103
ITEM NUMBER: A-2
DATE:
ATTACHMENT:
11/08/22
1
WHEREAS, Government Code Section 54953(e) requires that the City Council must
reconsider the circumstances of the state of emergency every 30 days in order to continue to
conduct remote teleconference meetings in compliance with AB 361.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. Recitals. The above recitals are true and correct and are incorporated into
this Resolution by this reference.
SECTION 2. Findings. The City Council does hereby find that:
1. The City Council has reconsidered the circumstances of the state of emergency
declared as a result of the COVID-19 pandemic.
2. The state of emergency continues to directly impact the ability of the members to meet
safely in person.
3. State or local officials continue to impose or recommend measures to promote social
distancing.
SECTION 3. Compliance with Government Code Section 54953(e). The City Council and
other legislative bodies will continue to meet by teleconference in accordance with Government
Code section 54953(e).
SECTION 4. Effective Date of Resolution. This Resolution shall take effect immediately
upon its adoption and shall be effective until the earlier of (i) 30 days from the date of adoption of
this Resolution, or (ii) such time the City Council adopts a subsequent resolution in accordance
with Government Code section 54953(e)(3) to extend the time during which the legislative bodies
of the City of Atascadero may continue to teleconference without compliance with paragraph (3)
of subdivision (b) of section 54953.
PASSED AND ADOPTED at a regular meeting of the City Council held on the __th day
of _______, 2022.
CITY OF ATASCADERO
Heather Moreno, Mayor
ATTEST:
Lara K. Christensen, City Clerk
Page 15 of 103
ITEM NUMBER: A-3
DATE: 11/08/22
Atascadero City Council
Staff Report – Community Development Department
Ordinances Adopting Standards for Accessory Dwelling Units and
Junior Accessory Dwelling Units (AMC Title 9)
RECOMMENDATION:
Council:
1. Adopt, on second reading, by title only, Draft Ordinance A, repealing and replacing
Chapter 5 (accessory dwelling units) of Title 9 of the Atascadero Municipal Code.
2. Adopt, on second reading, by title only, Draft Ordinance B, amending Title 9 for
consistency with updated Chapters 5 and 18 related to accessory dwelling units
and urban dwelling units.
DISCUSSION:
The State adopted revisions to the Government Code Section governing accessory
dwelling units that went into effect January 2020. Based on the revised State law, portions
of the City’s Municipal Code that conflict with State law are currently invalid. On September
28, 2022, the Governor signed into law two new bills that further amend ADU law. Most
of the changes are minor clarifications; however, some changes were adopted that
increased height allowances for ADUs, added an additional exception for parking, and
specific processing requirements for demolitions related to the construction of an ADU.
At the October 25, 2022 City Council meeting, the attached Draft Ordinances were
introduced, approving repealing and replacing Chapter 5 of Title 9, regulating accessory
and junior accessory dwelling units (ADUs and JADUs), and amending other portions of
Title 9 (Planning and Zoning) for consistency with new ADU standards. Minor changes
were made to Draft Ordinance A as follows, and are included in the attached ordinances
for adoption:
1. Eliminating the 3-bedroom minimum requirement from the performance standards
for larger ADUs; and
2. Amending language related to the allowance of an accessible unit on the ground
floor of a mixed-use development.
The attached ordinances will implement State law with a number of provisions that are
directly related to unique characteristics of Atascadero and address the health, safety,
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and wellbeing of existing and future residents. The proposed code will guide logical,
sustainable development within the City that is responsive to local conditions while
respecting State policies.
FISCAL IMPACT:
The addition of ADUs and JADUs in accordance with State law, without fees or other
mechanisms in place to ensure that services and infrastructure can be provided to serve
the residents of the new units, will have a significant long-term negative fiscal impact to
the City, its infrastructure, and its capacity to serve its citizens.
ATTACHMENTS:
1. Draft Ordinance A
2. Draft Ordinance B
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DRAFT ORDINANCE A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING TITLE 9, PLANNING AND
ZONING, TO REPEAL AND REPLACE CHAPTER 5, ACCESSORY
DWELLING UNITS, OF THE ATASCADERO MUNICIPAL CODE
ACCESSORY DWELLING UNITS
(ZCH21-0006A)
WHEREAS, the City of Atascadero is considering Zoning Text Change Amendments to
Title 9 of the Atascadero Municipal Code; and
WHEREAS, the State of California has adopted revisions to Government Code Section
65852.2 which mandates that cities update and adopt standards and requirements related to
accessory dwelling units (ADUs); and
WHEREAS, portions of the City’s current regulations regarding ADUs are inconsistent
with the state legislation and require amendment to remain consistent; and
WHEREAS, Accessory and Junior Accessory Dwelling Units do not count as additional
residential density per State law for the purposes of zoning compliance and California
Environmental Quality Act (CEQA); 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, State law allows cities to designate areas within the jurisdiction of the local
agency where ADUs may be permitted and those areas may be based on the adequacy of water
and sewer services and the impact of ADUs on traffic flow and public safety; and
WHEREAS, large portions of the City of Atascadero where residential uses are permitted
do not have access to City sewer and are served by private individual on-site wastewater treatment
systems; and
WHEREAS, an overconcentration of nitrogen can occur where the density of on-site
wastewater facilities exceeds a density of 1 system per half acre; and
WHEREAS, an overconcentration of nitrogen can degrade water quality and impact the
natural environment; and
WHEREAS, the City has a responsibility to ensure that groundwater quality is not
degraded by an overconcentration of nitrogen to ensure safe drinking water for the community
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both from the municipal water supplier and private industrial wells; and
WHEREAS, portions of the City of Atascadero are within heightened fire severity zones
where adequate access is required to ensure the safety of residents and allow for evacuation of
neighborhoods; and
WHEREAS, the California Code of Regulations sets forth standards for minimum access
requirements from residential neighborhoods; and
WHEREAS, the City has an obligation to enforce the California Code of Regulations; 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
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
on August 2, 2022, at which hearing evidence, oral and documentary, was admitted on behalf of
said Planning and Zoning Text Amendments; and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact these amendments to Chapter 5 (Accessory Dwelling Units) of Title 9 (Planning and
Zoning) of the Atascadero Municipal Code for consistency with the General Plan and new state
law related to ADUs and to maintain a clear and legible set of Zoning Regulations that is easily
interpreted by the public and staff; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Text
Change application was held by the City Council of the City of Atascadero on September 13, 2022,
continued to October 11, 2022, and continued again to October 25, 2022, at which hearing
evidence, oral and documentary, was admitted on behalf of said Zoning Text Amendments; and
WHEREAS, the City Council of the City of Atascadero studied the Planning
Commission’s recommendation and considered the proposed zoning text amendments.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearing. The City Council of the City of Atascadero, in a regular
session assembled on October 25, 2022, resolved to introduce for first reading, by title only, an
Ordinance that would repeal and replace Title 9, Chapter 5 (Accessory Dwelling Units), as shown
in Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 3. Facts and Findings. The City Council makes the following findings,
determinations and approvals with respect to the Zone Text Amendment:
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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 Section 65852.2.
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 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: This particular zoning text amendment is not subject to the California
Environmental Quality Act (CEQA) pursuant to Section 21080.17 and CEQA Section
15282(h) because CEQA does not apply to the adoption of an ordinance designed to
adopt amendments consistent with the provisions of Government Code Section
65852.2, which governs both Accessory Dwelling Units and Urban Dwelling Units.
B. Findings related to Accessory Dwelling Units
1. FINDING: The limitations on location of areas appropriate for accessory dwelling
units and/or junior accessory dwelling units are based on health and safety concerns
related to water quality and the California Code of Regulations Section 1273.08.
FACT: The City conducted a nitrogen loading analysis to determine locations where
ADUs could be constructed without degrading water quality and creating unsafe
drinking or environmental water conditions. Standards have been included only
where necessary to ensure water quality. In addition, standards also include
consistency with additional State laws including the California Code of Regulations
Section 1273.08.
SECTION 4. CEQA. This Ordinance is exempt from the California Environmental
Quality Act (CEQA), Public Resources Code Section 21000 et seq., because the adoption of an
ordinance regarding second units in a single-family or multifamily residential zone by a city or
county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as
set forth in Section 21080.17 of the Public Resources Code is a statutorily exempt activity.
SECTION 5. Approval. Title 9 (Planning and Zoning), Chapter 5 (Accessory Dwelling
Units) of the Atascadero Municipal Code is repealed and replaced as detailed in Exhibit A,
attached hereto and incorporated herein by this reference.
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SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance
be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth
in this Ordinance.
SECTION 7. Preservation. Repealing of any provision of the Atascadero Municipal Code
or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before,
or preclude prosecution and imposition of penalties for any violation occurring before this
Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining
action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed
invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero
Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such
previous Atascadero Municipal Code provision or other City Ordinance to remain in full force
and effect for all purposes.
SECTION 9. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 10. Notice. The City Clerk is directed to certify the passage and adoption of
this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances,
make a note of the passage and adoption in the records of this meeting and within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following
its final passage and adoption.
INTRODUCED at a regular meeting of the City Council held on October 25, 2022, and
PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of
California, on _____________.
CITY OF ATASCADERO
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Brian A. Pierik, City Attorney
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Chapter 5 ACCESSORY AND JUNIOR ACCESSORY DWELLING UNITS
Accessory and Junior Accessory Dwelling Units
The following sections establish standards for the development of Accessory Dwellings
Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in accordance with
Government Code Section 65852.2.
9-5.010 Purpose
9-5.020 Definitions
9-5.030 General Requirements
9-5.040 Applicability
9-5.050 Objective Design Standards for Accessory Dwelling Units
9-5.060 Objective Design Standards for Junior Accessory Dwelling Units
9-5.070 Development Fees
9-5.010 Purpose.
(a) The purpose of this chapter is to prescribe objective development and site
regulations that apply, except where specifically stated, to Accessory Dwelling
Units (ADUs) and Junior Accessory Dwelling Units (JADUs). This chapter is
intended to implement Government Code Sections 65852.2, as amended from
time to time. Implementation of this section is meant to expand housing
opportunities by increasing the number of smaller units available within existing
neighborhoods while meeting statewide housing goals and responding to wildfire
and wastewater constraints.
(b) 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.
(c) Implementation of this chapter is meant to expand housing opportunities for very-
low, low and moderate-income and/or elderly households by increasing the
number of affordable by design and rental units available within existing
neighborhoods.
(d) As mandated in Section 65852.2 of the Government Code, units that comply with
this chapter are considered not to exceed the density limits prescribed by the
General Plan and/or this title for residential zoning districts.
9-5.020 Definitions.
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As used in this chapter:
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.
Existing Structure. For the purposes of this chapter and implementation of Gov’t Code
Section 65852.2, an existing accessory structure or existing primary structure is defined
as a structure, or the confines of a structure, that has received a passed final inspection
prior to January 1, 2020.
Guesthouse. Guesthouses are defined as residential occupancy construction (R)
structures permitted prior to 2004 with a full bathroom, partial kitchen, and are the same
as a residential dwelling unit for the purposes of defining use and calculating fees.
Junior Accessory Dwelling Unit (JADU). JADUs are defined by Government Code
Section 65852.2 to mean a residential 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.
Primary Dwelling Unit. A primary dwelling unit (primary unit) is a principal or urban
dwelling unit.
Principal Dwelling Unit. An existing or new proposed dwelling unit on a residential zoned
legal lot of record permitted as allowed by the City’s zoning and allowed density of the
parcel and not constructed under the provisions for Chapter 5 or Chapter 18 of this title.
Any additional existing units above the base residential density shall be considered an
ADU or UDU. New units built as part of an SB9 lot split shall not be considered a principal
dwelling unit if a principal unit already exists on the parent parcel or new parcel that is
created from the lot split.
Residential Multi-Family Development. A Residential Multi-family property zoned for
multiple principal 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.
Residential Single-Family Property. A property zoned for single-family development
with a base density of one dwelling unit per parcel.
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Short-Term Rental: Short term rentals (vacation rental) shall be defined as rental units
with stays of 30 consecutive calendar days or less per individual or party.
Small-lot Single-Family Subdivision. A subdivision with private side and rear yard
areas built to a density of less than or equal to 9 dwelling units per acre.
Urban Dwelling Unit (UDU). A primary dwelling unit established or proposed to be
developed in accordance with the standards, procedures, and requirements set forth
under Government Code section 65852.21 and Chapter 18 of Title 9, either as a primary
or secondary primary unit on a parcel.
9-5.030: General Requirements
(a) Building Permit Required. A building permit application shall be required for the
construction, occupancy, or conversion of any ADU or JADU.
(b) Ministerial Review Process. An application for development of an ADU or JADU,
will be reviewed as a ministerial permit, without discretionary review or a hearing if
it meets all the requirements set forth in this section, does not impact environmental
(including historic) resources, and after payment of all applicable submittal fees.
(c) A demolition permit for a detached garage that is to be replaced with an accessory
dwelling unit be reviewed with the application for the accessory dwelling unit and
issued at the same time.
(d) Water Service. All habitable dwelling units shall be served by a public water system
(e) Wastewater Service. To avoid health and safety impacts to ground water quality
and nitrogen loading, ADUs shall be served by the City sanitary sewer system
when located on lots with a gross area less than one (1) acre, except when:
1. The parcel is 0.75 gross acres or greater and all of the following criteria can
be met:
i. It can be demonstrated that all properties within a 1/4 mile radius are
of sufficient size, considering possible future lot splits and full
development potential, to provide a minimum density of at least 0.5
acres per unit within the 1/4 mile radius.
ii. It shall be demonstrated that a new or expanded onsite wastewater
disposal system can accommodate the additional unit while meeting
requirements of the City’s Local Area Management Plan (LAMP).
2. ADUs that do not meet the above requirements and do not have the ability
to connect to City sewer must be served by an on-site wastewater system
that includes pre-treatment and shall be subject to the approval of the City
Engineer and must be approved and constructed in accordance with the
City’s LAMP standards.
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(f) The maximum amount of paving for parking and access for any Principal Dwelling
Unit, ADU, JADU and UDU in a front setback area is limited to fifty percent (50%)
of the front yard setback area.
(g) Design. The design of an ADU and/or JADU shall be consistent with any objective
design standards listed in this chapter.
(h) Short-Term Rental prohibited. ADUs and JADUs developed in accordance with
Govt Code 65852.2 shall not be rented for terms of 30 days or less.
(i) Illegal Unit. The construction, establishment, or occupancy of an ADU and/or JADU
that has not received a valid construction permit and is contrary to the provisions
of this chapter is declared to be unlawful and shall constitute a misdemeanor and
a public nuisance.
(j) Deed Notification Required. Prior to issuance of a building permit for the ADU, the
property owner shall submit to the City a deed covenant for recordation with the
County Recorder in a form approved by the Community Development Director,
which shall run with the land and include at a minimum the following provisions:
1. A prohibition on the sale of the ADU separate from the sale of the
principal dwelling unit, unless specifically authorized by State law or a
subsequent lot split is approved and recorded.
2. A restriction on the size and attributes of the ADU that conforms with this
Section.
3. A prohibition on using the ADU as a Short-Term Rental.
4. Owner occupancy requirements for properties constructing or containing
a JADU, as applicable.
5. A statement that the restrictions shall be binding upon any successor
owner of the property and that failure to comply with the restrictions shall
result in legal action against the owner.
9-5.040 Applicability.
(a) Permitted Zoning Districts. Accessory and Junior Accessory Dwelling Units shall
be allowed in all areas zoned to allow single-family or multi-family dwellings
consistent with the standards of this section. ADUs shall not be allowed within
the following locations:
1. Pursuant to the authority provided by section 65852.21(f) of the
Government Code, no Accessory Dwelling Unit or Junior Accessory
Dwelling Unit shall be permitted on any lot in a single-family zoning
district if: 1) an Urban Lot Split has been approved pursuant to Title 11;
and 2) two units (Primary Dwelling Unit, UDU, ADU, or JADU) already
exist or are approved for construction.
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2. No ADUs shall be allowed inconsistent with the California Code of
Regulations Section 1273.08
3. No ADU may be established in a commercial district unless all of the
following conditions have been met:
a. The ADU is part of an approved Mixed-Use Development; and
b. The ADU is built above the ground floor; and
c. The ADU is within a Mixed-Use Development that has reached
its maximum allowable residential density.
9-5.050 Objective Design Standards for Accessory Dwelling Units. Standards for the
development of ADUs shall be governed by this Chapter. Each ADU shall be subject to
compliance with the California Building Code and the following standards:
(a) Maximum Floor Area: ADUs shall have a maximum floor area of 1,000 square-
feet, except as follows:
1. A garage or other unconditioned space may be attached to an ADU providing
any attached space with a non-R occupancy shall be limited to 300 square-
feet, or 500 square-feet on lots 1-acre or greater. Any non-R occupancy space
may be up to 500 square feet if it is on a different level than the ADU and used
for vehicle parking and the entirety of the ADU is located on a different floor
with the exception of an entry and stairs. If an existing accessory structure is
converted to an ADU and the size of the unconditioned space exceeds the
maximum limit, the existing space may remain but shall not be expanded.
2. Properties may have a detached ADU up to 1,200 square-feet when all of the
following are met:
a. The property is a minimum of 1 gross acre; and
b. The ADU has a setback of at least at least 10 feet from side and rear
property lines; and
c. The ADU height is limited to 18 feet; and
d. All other property development standards applicable to zoning district shall
apply.
3. Any dwelling unit other than the principal dwelling unit, that was established
on the lot prior to the submittal of a complete application for a development
pursuant to this chapter may not be altered or expanded to a size greater than
allowed by this chapter. No additional unconditioned space can be added if
greater than the maximum allowances described in section (8) below. If
existing units exceed the maximum size thresholds, no expansion or additions
shall occur.
(b) Parking. One off-street parking space (standard or tandem within a driveway) shall
be required for each ADU, with the following exceptions;
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1. No parking shall be required if the ADU is within one-half mile walking
distance of public transit.
2. No parking shall be required when the ADU is within a designated historic
district or on the site of a designated historic property within a one-mile
walking distance to public transit.
3. No parking shall be required when the ADU is part of a proposed or existing
primary residence or a converted existing accessory structure.
4. No parking shall be required when there is a car-share vehicle available to
the tenant of the ADU and located within one block of the ADU.
5. No parking shall be required when a permit application for an accessory
dwelling unit is submitted concurrently with a permit application to create a
new single-family dwelling or a new multifamily dwelling on the same lot,
provided that the accessory dwelling unit or the parcel satisfies any other
criteria listed in this chapter.
(c) Garage Conversions. Garages may be converted to ADUs provided that one
parking space is reserved for the ADU on the site. A parking space that is lost as
part of the garage conversion need not be replaced other than the parking required
for the new ADU.
(d) Accessory Structure Conversion. ADUs may be constructed within existing
accessory structures subject to the following:
1. The size of the ADU shall comply with the size limitations set forth in 9-
5.050(a) above.
2. Any portions of the accessory structure not utilized for the ADU shall remain
as non-habitable storage space and shall be separated with a permanent
wall from the interior space of the ADU. Any openings (doors) between the
ADU and non-habitable space shall comply with building and fire code
standards.
3. Conversions of existing legal Accessory structures built prior to January 1,
2020, may be subject to different standards, consistent with Government
Code Section 65852.2(e)
(e) Height. The maximum height of an ADU shall be as follows:
1. 16-feet for any detached ADU where the setback is less than the minimum
required setbacks for the underlying zoning district.
2. 18-feet in a multi-family zone for any detached ADU where the setback is
less than the required minimum setbacks for the zoning district if the multi-
family dwelling on the same site is multi-story.
3. 20-feet for any detached ADU that complies with the setbacks of the
underlying zoning district.
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4. 25-foot height limit if setbacks are increased to 15-feet from the side and
rear property lines.
5. 25-foot height limit for an ADU that is attached to a primary dwelling.
6. No ADU shall exceed 2 stories.
(f) Setbacks. An ADU shall maintain the following setbacks:
1. Side Setback: A minimum of 5-feet except for the following:
i. ADUs that are 16-feet or less in height located on a lot with a
proposed or existing primary residence may be setback a minimum
of 4-feet from the side property line
ii. ADUs that exceed 20-feet in height shall increase the side setback
to 15-feet
iii. ADUs that are 18-feet or less in height located on a lot with a
proposed or existing multi-story multi-family building may be setback
a minimum of 4-feet from the side property line
2. Primary Street Frontage: 25-feet for single-family properties, 15-feet for
multi-family properties
3. Corner Street Frontage: 10-feet
4. Secondary Street Frontage: ½ the front setback
5. Rear: A minimum of 10-feet except for the following:
i. ADUs that are 16-feet or less in height located on a lot with a
proposed or existing single-story primary residence may be setback
a minimum of 4-feet from the rear property line.
ii. ADUs that exceed 20-feet in height shall increase the rear setback
to 15-feet.
iii. ADUs that are 18-feet or less in height located on a lot with a
proposed or existing multi-story multi-family building may be setback
a minimum of 4-feet from the rear property line.
6. Access way (flag or easement): 10-feet.
7. No setback is required for an existing permitted structure or a structure
constructed in the same location and to the same dimensions as an
existing permitted structure.
(g) Building Separations. A minimum separation of five (5) feet shall be maintained
between a Primary Dwelling Unit and a detached Accessory Dwelling Unit.
(h) Fire Sprinklers.
1. An ADU shall comply with all applicable fire safety provisions of state law,
as well as locally adopted building and fire codes under Chapter 15.04.
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2. A detached ADU shall be required to be equipped with fire sprinklers
unless the primary dwelling unit is not sprinklered.
3. An attached ADU shall provide fire sprinklers per the standards for
residential additions.
(i) Number of ADUs permitted.
1. Single-Family Zoned Parcels and Small-Lot Single Family Subdivisions:
One ADU per parcel shall be permitted. If a lot contains the maximum
number of allowed dwelling units no additional ADU or JADU shall be
allowed.
2. Residential Multi-Family / Mixed-Use Developments: ADUs shall be
permitted in multi-family and mixed-use developments subject to the
following:
i. Existing non-habitable space within a multi-family building may
be converted to one or more ADUs at a maximum ratio of 25% of
the existing on-site units above the permitted site density.
ii. In addition to the units authorized by subsection (i) above, one
additional Accessory Dwelling Unit above the permitted site
density shall be permitted within a multi-family or mixed-use
development
iii. All residential units in a mixed-use development must meet the
provisions of the underlying zoning district, except as provided
for by Government Code Section 65852.2, and must be
consistent with all land use definitions for such development.
3. If multiple units exist on a site that were constructed prior to designation
as an ADU. JADU or UDU, those units must be designated as one of the
permitted housing unit types prior to further development of the property
(j) Nothing in this section shall prohibit the construction of an ADU in accordance
with Government Code Section 65852.2(c)(2)(C) and Government Code Sections
65852.2(e) and 65852.2(c)(2)(D)(ii) and (iii).
9-5.060 Objective Design Standards for Junior Accessory Dwelling Units. Each
Junior Accessory Dwelling Unit (JADU) shall be subject to compliance with the building
permit requirements and the following standards:
(a) Maximum Floor Area: Each JADU shall be constructed within the walls of an
existing or proposed primary dwelling unit and shall be a maximum of 500
square-feet.
(b) Septic Systems. JADUs may be served by the system serving an existing or
proposed primary unit or a secondary septic system, subject to the approval of
the City Engineer and provisions of the City’s LAMP.
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(c) Number of JADUs permitted: One JADU is permitted per single-family residential
property or small-lot single-family residential subdivision parcel. If a lot contains
the maximum number of allowed dwelling units no additional ADU or JADU shall
be allowed.
(d) Design Standards:
1. Each JADU may contain separate sanitation facilities or may share
sanitation facilities with the principal dwelling unit.
2. Each JADU shall include a separate entrance from the main entrance to
the existing or proposed principal dwelling unit and may include an interior
entry to the main living area.
3. Each JADU shall, at a minimum, include an efficiency kitchen as defined
by the building code.
(e) Owner Occupancy: The property owner shall reside onsite and maintain primary
residency in either a primary dwelling unit, ADU, or the JADU.
(f) Nothing in the section shall prohibit the construction of an JADU in accordance
with Government Code Section 65852.2(e)
9-5.070 Development Fees
(a) Accessory units, whether attached or detached, shall be exempt from
Development Impact Fees when the gross floor area is less than 750 square
feet. Units 750 square feet and larger shall be subject to the City’s adopted
development impact fee schedule.
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DRAFT ORDINANCE B
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING SECTIONS 9-3.330, 9-3.490,
9-3.500, 9-3.651, 9-3.662, 9-3.679, 9-3.677, 9-4.106, 9-4.107, 9-4.108,
9-4.116, 9-4.128, 9-6.103, 9-6.106, 9-9.102 OF TITLE 9, PLANNING AND
ZONING, OF THE ATASCADERO MUNICIPAL CODE FOR
CONSISTENCY WITH STATE REGULATIONS REGARDING
ACCESSORY DWELLING UNITS AND URBAN DWELLING UNITS
ZONING CODE UPDATE
(ZCH21-0006A)
WHEREAS, the City of Atascadero is considering Zoning Text Change Amendments to
Title 9 of the Atascadero Municipal Code; 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 (ADUs) and urban dwelling units (UDUs); 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 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
on August 2, 2022, at which hearing evidence, oral and documentary, was admitted on behalf of
said Planning and Zoning Text Amendments; 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 ADUs and UDUs and to maintain
a clear and legible set of Zoning Regulations that is easily interpreted by the public and staff; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Text
Change application was held by the City Council of the City of Atascadero on September 13, 2022,
continued to October 11, 2022, and continued again to October 25, 2022, at which hearing
evidence, oral and documentary, was admitted on behalf of said Zoning Text Amendments; and
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WHEREAS, the City Council of the City of Atascadero studied the Planning
Commission’s recommendation and considered the proposed zoning text amendments.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearing. The City Council of the City of Atascadero, in a regular
session assembled on October 25, 2022, resolved to introduce for first reading, by title only, an
Ordinance that would amend Title 9 of the Atascadero Municipal Code as shown in Exhibit A,
attached hereto and incorporated herein by this reference.
SECTION 3. Facts and Findings. The City Council makes the following findings,
determinations and approvals with respect to the Zone Text Amendment:
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: This particular zoning text amendment is not subject to the California
Environmental Quality Act (CEQA) pursuant to Section 21080.17 and CEQA section
15282(h) because CEQA does not apply to the adoption of an ordinance designed to
adopt amendments consistent with the provisions of Government Code Section
65852.2, which governs both Accessory Dwelling Units and Urban Dwelling Units.
SECTION 4. CEQA. This Ordinance is exempt from the California Environmental
Quality Act (CEQA), Public Resources Code Section 21000 et seq., because the adoption of an
ordinance regarding second units in a single-family or multifamily residential zone by a city or
county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as
set forth in Section 21080.17 of the Public Resources Code is a statutorily exempt activity.
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SECTION 5. Approval. Title 9 (Planning and Zoning) of the Atascadero Municipal Code
is amended as detailed in Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance
be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth
in this Ordinance.
SECTION 7. Preservation. Repealing of any provision of the Atascadero Municipal Code
or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before,
or preclude prosecution and imposition of penalties for any violation occurring before this
Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining
action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed
invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero
Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such
previous Atascadero Municipal Code provision or other City Ordinance to remain in full force
and effect for all purposes.
SECTION 9. Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
affect the effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable.
SECTION 10. Notice. The City Clerk is directed to certify the passage and adoption of
this Ordinance, cause it to be entered into the City of Atascadero’s book of original ordinances,
make a note of the passage and adoption in the records of this meeting and within fifteen (15)
days after the passage and adoption of this Ordinance, cause it to be published or posted in
accordance with California law.
SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following
its final passage and adoption.
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INTRODUCED at a regular meeting of the City Council held on October __th, 2022,
and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero,
State of California, on _____________.
CITY OF ATASCADERO:
______________________________
Heather Moreno, Mayor
ATTEST:
______________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM:
______________________________________
Brian A. Pierik, City Attorney
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9-3.330 Nonresidential district allowable land uses.
Table 3-2 identifies the uses of land allowed by this Zoning Code in each
nonresidential district, and the planning permit required to establish each use, in
compliance with Chapters 9-1 and 9-2 of this code. Where the last column in the tables
(“Specific Use Regulations”) includes a section number, the regulations in the
referenced section apply to the use. Provisions in other sections of this article may also
apply.
Table 3-2 – Nonresidential Use Table
Allowed Land Uses and Permit Requirements
Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s) CN CP CR CS CT CPK DC DO IP I
Accessory Storage A4 CUP 4 A4 CUP 4 CUP 4 A4 A4 9-6.103
Adult Day Care
Facility A A A CUP
Adult Oriented
Business A A A A 9-16
Age Restricted
Housing CUP
Agricultural
Produce Stands A A A A 9-6.117
Amusement
Services A A A A A A
Animal Hospitals CUP7 CUP A CUP 9-6.110
Artisan Foods and
Products A A A A5 A A
ATM A A A A A A A A A A
Auto Dealers (New
and Used) and
Supplies CUP CUP CUP CUP CUP 9-6.163
Auto Repair and
Services CUP A A CUP A A 9-6.168
Bar/Tavern CUP CUP CUP A
Bed and Breakfast CUP CUP CUP CUP
Brewery –
Production CUP CUP A A
Broadcast Studios A A
Building Materials
and Hardware w/
outdoor sales or
storage area 10,000
sf or greater
CUP CUP CUP CUP CUP CUP 9-6.165
Building Materials
and Hardware w/
outdoor sales or
storage area less
than 10,000 sf
A A A A A A 9-6.165
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s) CN CP CR CS CT CPK DC DO IP I
Business Support
Services A A A A A A A A
Caretaker’s
Residence/
Employee Unit CUP CUP CUP
Childcare Center A A A CUP 9-6.125
Churches and
Related Activities CUP CUP 9-6.121
Collection Stations A4 A4 A4 A4 A4 A4 A4 A4 9-6.130
Contract
Construction
Services (Indoor) A A A A
Contract
Construction
Services (Outdoor) CUP CUP CUP
Data and Computer
Services Center AUP AUP CUP A A
Day Care
Drive-Through
Sales or Services CUP CUP CUP CUP CUP CUP 9-4.122
Eating and
Drinking Places A A A A A A A A A A
Farm Equipment
and Supplies w/
outdoor storage or
sales area 10,000 sf
or greater
CUP CUP CUP CUP CUP
Farm Equipment
and Supplies w/
outdoor storage or
sales area less than
10,000 sf
A A A A A
Farmers’ Market CUP CUP CUP CUP CUP A A
Financial Services
and Banks A A A A A A CUP A
Fuel Dealer A4 CUP A4 A4 9-6.129
General Retail A4 A4 A4 A4 A4 A4 A4
General Retail
Greater than 50,000
sf CUP CUP CUP CUP CUP CUP CUP
Government
Offices and
Facilities A A A A A A CUP9 A A A
Health Care
Services A A A CUP A CUP9 A
Horticultural
Specialties w/
outdoor storage or
sales area 10,000 sf
or greater
CUP CUP CUP CUP CUP CUP CUP 9-6.116
Horticultural
Specialties w/ A A A A A 9-6.116
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s) CN CP CR CS CT CPK DC DO IP I
outdoor sales or
storage area less
than 10,000 sf
Hotels, Motels CUP A A A CUP
Indoor Recreation
Services CUP CUP CUP A A CUP CUP CUP
Kennels CUP A 9-6.111
Large Family Day
Care CUP8 CUP8 9-6.125
Large Scale Ag
Manufacturing CUP CUP A 9-6.103
Laundries and Dry
Cleaning Plants A A A A
Laundromat/Coin-
Operated Laundry CUP CUP CUP CUP CUP CUP A A
Libraries, Museums A A A A A A
Live/Work Unit A1
Manufacturing and
Processing – High
Intensity4 CUP CUP AUP AUP
Manufacturing and
Processing - Low
Intensity CUP CUP A A A A
Medical Extended
Care Services: 6
Residents or Less CUP CUP CUP CUP CUP CUP 9-6.134
Medical Extended
Care Services: 7
Residents or More CUP 9-6.134
Medical Research CUP A A CUP A A
Membership
Organizations A A CUP CUP
Microbrewery –
Brewpub A CUP A A A A A A A A
Mini-Storage CUP CUP A A
Mixed-Use
Development CUP1 CUP1 CUP1 CUP1 A1 A1
Mobile Eating and
Drinking Vendors6 A A A A A A A A
Mortuary Services A A A A
Multifamily
Dwelling CUP2 CUP2 CUP2 CUP2
Offices A A A A A A CUP9 A
Outdoor Recreation
Services CUP CUP A 9-6.123
Parking Lots AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP
Parks and
Playgrounds A A
Personal Service
Restricted A CUP CUP
Personal Services A A A A A CUP A
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s) CN CP CR CS CT CPK DC DO IP I
Printing and
Publishing CUP CUP A4 A4 A4
Public Assembly
and Entertainment CUP CUP A CUP CUP
RCFE – Assisted
Living CUP 9-6.135
RCFE –
Independent
Living/Senior
Apartments
CUP CUP CUP 9-6.135
RCFE – Retirement
Hotel CUP CUP CUP 9-6.135
Recreational
Vehicle Parks A 9-6.180
Recycling and
Scrap CUP CUP 9-6.131
Recycling Centers CUP CUP 9-6.132
Research and
Development CUP A A CUP A A A
Residential Care: 6
Residents or Less A2 A2 9-6.135
Retail Sales—
Restricted A CUP CUP
Sales Lots CUP CUP CUP CUP 9-6.139
Schools A A A CUP CUP 9-6.125
Schools – Business
and Vocational A A A A CUP CUP CUP CUP 9-6.125
Service Stations CUP CUP CUP CUP 9-6.164
Single-Family
Dwelling A1 A1
Single-Room
Occupancy Units CUP 9-6.184
Small Family Day
Care A8 A8 A8 A8 A8
Social and Service
Organizations A A A
Sports Assembly CUP CUP A
Storage, Recycling
and Dismantling of
Vehicles and
Material
CUP A A 9-6.131
Tasting Room A CUP A A A A A A A A
Telecommunication
Facility CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Temporary Events A/
CUP3 CUP A/
CUP3 A/
CUP3 A/
CUP3 A/
CUP3 A/
CUP3 A/
CUP3 A A 9-6.177
Temporary Offices A A A 9-6.176
Temporary or
Seasonal Sales A A A A A A A A A 9-6.174
Transit Stations CUP CUP A CUP CUP CUP CUP CUP
Utility Facilities CUP CUP CUP CUP CUP CUP CUP CUP
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Nonresidential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Permitted Uses By Zones Special
Regulation(s) CN CP CR CS CT CPK DC DO IP I
Utility
Infrastructure A A CUP A A A CUP CUP A A
Vehicle and
Equipment Storage
(Indoor)4 A CUP A4 A4 9-6.183
Vehicle and
Equipment Storage
(Outdoor)4 CUP 4 CUP4 CUP4 9-6.183
Vehicle and Freight
Terminals CUP CUP CUP
Warehousing CUP CUP A A
Wholesaling and
Distribution Center4 AUP AUP A4 A4 A4 A4
Winery – Boutique A4 A4 A4 A4 A4 A4 A4
Winery –
Production CUP CUP A4 A4
Notes: (These notes apply only to Table 3-2).
1 Residential uses allowed only on second and third floors. If a project is required to comply with the
Americans with Disabilities Act and does not have an elevator, one accessible unit may be located on the
ground floor in conjunction with commercial space and shall not exceed the greater of:
• 500 sf; or
• 10% of the size of the ground floor commercial space not to exceed 1,000 sf.
2 Multifamily dwellings permitted when located on the second floor or above, or within an existing residential
structure of historical significance.
3 Temporary events requiring more than 3 days for onsite setup and teardown require the approval of a
conditional use permit (Section 9-2.110).
4 Outdoor commercial and industrial sales and storage developments (as defined by Section 9-9.102) of 10,000
square feet or more require the approval of a conditional use permit (Section 9-2.110), even if such a
development is listed as an allowable use in a particular zoning district.
5 Handcrafted and artisan food production shall be ancillary to the retail component.
6 Mobile food vending permitted on private property with owner’s permission and City review of parking and
access on-site. Mobile food trucks used as part of an event may be permitted in the right-of-way with the
issuance of an Event Permit.
7 When no overnight stays of animals are included.
8 Permitted when in association with conforming and legal nonconforming residences.
9 Allowed on ground floor south of Atascadero Creek. Conditional use permit required on ground floor on Palma,
East Mall, West Mall Entrada, Traffic Way and on El Camino Real north of Atascadero Creek as designated in
Figure 3-1, subject to all of the following findings:
a. The location and setting of the existing building is not ideal for pedestrian uses such as restaurants,
retail or related uses.
b. The existing building and site improvements are designed exclusively for office uses and could not
accommodate other uses.
c. The proposed new office use will be a significant contribution to economic development by providing
new jobs, pedestrian traffic, and active uses in the downtown.
d. The proposed new office will meet parking, accessibility, and property development standards and will
not result in new parking along Atascadero Creek, East Mall or West Mall.
e. The proposed new office building will provide a storefront and other architectural features that
complement the pedestrian scale and retail environment desired within the downtown.
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9-4.106 Street setbacks.
A street setback is measured at right angles from the nearest point on the property
line to the building line. Setback landscaping and fencing standards are in Sections 9-
4.125(a) and 9-4.128 of this Chapter, respectively.
(a) A, RS, RSF, and LSF Zones. All residential uses shall have a minimum
primary street setback of twenty-five (25) feet, except as follows:
(1) Shallow Lots. The front setback shall be a minimum of twenty (20) feet for
any lot less than ninety (90) feet deep.
(2) Flag Lots and Lots without Street Frontage. Determination of that portion
of the site to constitute the required front yard within the flag shall be at
the discretion of the applicant. The front setback of the flag of the lot shall
be a minimum of ten (10) feet. The front setback within the accessway
shall be as in subsection (a) of this section.
(3) Sloping Lot Adjustment. Where the elevation of the natural grade on a lot
at a point fifty (50) feet from the centerline of the adjacent street right-of-
way is seven (7) feet above or below the elevation of the centerline, a
private garage may be located, at the discretion of the applicant, as close
as five (5) feet to the street property line (primary or corner), subject to the
approval of an administrative use permit (Section 9-1.112 of this title),
provided that portions of the dwelling other than the garage shall be
established at the setback otherwise required.
(4) Variable Setback Block. Where a residential block is partially developed
with single-family dwellings having less than the required primary front
setbacks and no uniform front setback is established, the primary street
setback may be adjusted by approval of an administrative use permit
(Section 9-1.112 of this title) at the option of the applicant, as follows:
(i) Prerequisites for Adjustment. Adjustment may be granted only
when twenty-five percent (25%) of the lots on the block with the
same frontage are developed and the entire block is within a
single zone.
(ii) Allowed Adjustment. The normally required minimum primary
street setback is to be reduced to the average of the primary 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.
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(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.
(i) Adjacent to Residential Zone. Where a commercial or industrial zone
has a primary or secondary 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) foot primary 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 primary front setback street unless
fifty percent (50%) of the lots on a double frontage block are developed with
the same front yard orientation. In that case, all remaining lots are to orient
their primary front setbacks with the majority.
(2) Double Frontage Setback Requirements (Secondary Frontage). A full-
front setback is to be provided adjacent to one frontage (primary), and a
setback of one-half (1/2) the required front setback depth adjacent to the
other frontage (secondary).
(g) Corner street setback (Corner Street Frontage). The primary street setback on
the street side of a corner lot is to be a minimum of ten (10) feet from the property line.
(h) 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 street and secondary front 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:
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(1) Accessory Structures. A side yard may be used for an accessory building no
greater than twelve (12) feet in height, provided that it is not used for human habitation
or the keeping of animals and is either:
(i) Located no closer than three (3) feet to any property line;
(ii) Located on the rear half of the lot; or
(iii) Established on the property line as a common wall structure pursuant to
subsection (a)(4) of this section, or as a zero lot line structure, provided that all
applicable Uniform Building Code requirements are satisfied for a property line wall.
(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.
(3) 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.
(4) Access Easements. All access easements shall have a minimum setback of
five (5) feet, measured from the edge of the easement.
(5) 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.
(b) 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:
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(1) Accessory Structures. A rear setback except for the portion of the rear yard
adjacent to the street of a corner lot, 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 secondary 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 frontage 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 street setback.
(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.
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(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 street setback may be up to five (5) feet in height,
provided that the top two (2) feet remain a minimum of eighty percent (80%) visibility.
The fence shall not impair safe sight distance for vehicular traffic nor result in any other
potential adverse impact on human health and safety (refer to engineering 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.
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a. Fencing within a required primary, secondary, or corner street 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
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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.
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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
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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.
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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
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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 common interest development is a real
property development where property owners share a common set of financial
obligations, property and easement rights established in a set of recorded
restrictions (commonly referred to as “CC&Rs”). Common interest developments may
include but are not limited to condominiums, planned developments, stock cooperatives,
and small lot single family and 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 used for repair and maintenance of contractor’s own equipment.
May also include accessory buildings or structures for uses by the contractor. An on-site
office building is required. All applicable development standards listed in the code as well
as standards for outdoor storage uses must be met.
D. Definitions “D”
Data and Computer Services/Center. A use where the majority of the space is
occupied by computers and/or related equipment and where information is processed,
transferred, and/or stored (also commonly referred to as “server farms.)” Data and
computer services/centers may contain data technology centers, internet service
providers (ISPs), network operation centers, web hosting facilities and other similar
establishments primarily engaged in providing direct access through telecommunication
networks to computer-held information.
Day Care. Facilities that provide nonmedical care and supervision of individuals for
periods of less than twenty-four (24) hours. These facilities include the following, all of
which are required to be licensed by the California State Department of Social Services
or successor agency. Day care uses include the following:
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• 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
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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.
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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”
K. Definitions “K”
Kennels. A lot, building, structure, enclosure or premises where four (4) or more
dogs or cats (four (4) months of age or older) are kept or maintained, including the keeping
of such animals for sale, for commercial breeding or for lodging and care. Does not
include dogs and cats kept for noncommercial purposes.
L. Definitions “L”
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Large Scale Ag Manufacturing. The large scale processing of agriculture products
subsequent to their harvest, with the intent of preparing them for market or further
processing including: alfalfa cubing; hay baling and cubing; corn shelling; drying of corn,
rice, hay, fruits and vegetables; grain cleaning and custom grinding; custom grist mills;
custom milling of flour, feed and grain; sorting, grading and packaging of fruits and
vegetables; tree nut hulling and shelling; cotton ginning; and wineries in excess of one
thousand (1,000) square feet in total use area. This does not include the growing,
harvesting, and production of medical marijuana, or legally approved uses of marijuana
by either the State of California or Federal Government.
Laundries and Dry Cleaning Plants. Service establishments primarily engaged in
high volume laundry and garment services, including: power laundries (family and
commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial
laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or
dry cleaning pickup stores without dry cleaning equipment, which are classified in
“personal services.”
Laundromat/Coin-Operated Laundry. Facilities providing washing and drying
machines for use by customers for a fee as a primary use. Dry cleaning pick-up stores
are classified as “personal services.”
Libraries, Museums. Permanent public or quasi-public facilities generally of a
noncommercial nature such as libraries, museums, art exhibitions, planetariums,
aquariums, botanical gardens, arboretums and zoos. Also includes historic sites and
exhibits.
Livestock Specialties. Agricultural establishments primarily engaged in
commercial livestock keeping or feeding as a principal land use which, because of
operational characteristics, may generate dust, odors or visual impacts which could have
an adverse effect upon adjacent properties. Such uses include dairies; chicken, turkey
and other poultry farms; animal specialties (such as rabbit farms and other fur-bearing
animals); other specialties such as bee farms, aviaries, worm farms, etc.
Live/Work Units. An integrated housing unit and working space, occupied and
utilized by a single household in a structure, either single-family or multifamily, that has
been designed or structurally modified to accommodate joint residential occupancy and
work activity, and which includes:
• Complete kitchen space and sanitary facilities in compliance with the Building
Code;
• Working space reserved for and regularly used by one 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
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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;
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• 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 has a vertical separation of
commercial and residential land uses in a building. Residential units within a commercial
district are subject to compliance with allowed density and shall not be located on the
ground floor.
Mobile Eating and Drinking Vendors. Any vehicle, wagon, or pushcart that is self-
propelled or can be pushed/pulled down a street or sidewalk, on which food is displayed,
prepared, or processed for the purpose of selling food or drinks to a consumer.
Mobile Home/Manufactured Home. A modular structure that is transportable in
one 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.
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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 attached dwelling units located
on a single lot within a residential zoning district, each occupied by a single housekeeping
unit; includes buildings or groups of buildings designated as apartments, duplexes,
triplexes and condominiums, but not including motels, hotels, dormitories, or RV parks as
herein defined. Also includes transitional housing and, supportive housing where people
live as independently as possible with the assistance of social services tailored to each
person’s needs as defined in Section 9-9.102 of the Zoning Ordinance. This also does
not include accessory dwelling units or urban dwelling units.
N. Definitions “N”
O. Definitions “O”
Offices. Establishments engaged in performing a service in a professional office
including: engineering, architectural and surveying services; real estate agencies;
noncommercial educational, 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
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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
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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.
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Resource Extraction. Uses primarily engaged in resource extraction, including, but
not limited to, mining, developing mines or exploring for metallic minerals (ores), coal and
nonmetallic minerals, or surface mines extracting crushed and broken stone, dimension
stone or sand and gravel.
Retail Sales–Restricted. Stores and shops selling products that may have a
blighting and/or deteriorating effect upon the surrounding area and may need to be
dispersed in order to minimize their adverse impact. Examples of these uses include, but
are not limited to, the following: selling smoking, tobacco and vaping products as a
primary use; and pawn shops, in which the business of pawn brokering, or the business
of lending money upon personal property, pawns or pledges is done.
Rural Sports and Group Facilities. Establishments supporting special group
activities such as: archery, pistol, rifle, and skeet clubs and facilities; dude ranches; health
resorts including outdoor hot spring, spa or hot tub facilities; hunting and fishing clubs;
recreational camps; group or organized camps; incidental, seasonal camping areas
without facilities; equestrian facilities, including riding academies, schools, stables and
exhibition facilities.
S. Definitions “S”
Sales Lots. Sales lots consist of any outdoor sales area for permanent display of
motorized farm equipment, boats (FBSA Class 3 and 4 boats (over twenty-six (26) feet in
length)), heavy commercial trucks (US DOT Class 4 through 8), 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
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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
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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.
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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,
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barrel and bottle storage, bottling, wine tasting, and direct retail sale of wine. This also
includes uses that produce three thousand one (3,001) cases of beverages or less, but
do not meet the requirements for “winery – boutique,” “winery – production,” or “brewery
– production.”
X. Definitions “X”
Y. Definitions “Y”
Z. Definitions “Z”
9-6.103 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);
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(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:
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Type of Storage
Type of Liquid Above Ground Underground
Combustible 1,000 gallons Unlimited
Flammable 1,000 gallons 20,000 gallons
(2) Setbacks. Aboveground storage facilities for flammable or combustible liquids
shall be set back a minimum of fifty (50) feet from any property line and from any
residential use on the same property.
(3) Additional Standards.
(i) All storage of bulk flammable liquids shall be underground; except as
specified by subsection (d)(1)(i) of this section; except where a refining or similar
industrial use has been allowed in the CPK, IP or I Zone; and except, where an
automobile service station or other approved vendor of flammable liquids stores such
liquids for sale in approved quantities and containers.
(ii) All aboveground storage of flammable and combustible liquids shall be within
types of containers approved by the Fire Department.
(iii) Access, circulation and emergency fire equipment requirements of the Fire
Department shall be provided or installed within thirty (30) days where such need has
been identified and posted by the Fire Department.
(f) Recreational Vehicles in Residential Zones. The storage of recreational
vehicles or dependent trailers or RV equipment (camper shells, etc.), airplanes, and
boats is permitted as an accessory use in the RSF, LSF, RMF, RS, or A Zones as
follows (the storage of recreational vehicles in other zones is subject to Section 9-6.183;
the storage of mobile homes is subject to Section 9-6.142(c)):
(1) Location of Storage. Recreational vehicles are not to be stored in the required
primary, secondary, or corner street 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:
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(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 primary, secondary, or corner street 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.
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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;
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(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 be required
for any proposed office or art studio with plumbing limiting the use of the studio.
(6) 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.
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(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.
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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:
Primary Street yard at residence 15 feet
Side yards (combined) 10 feet
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.
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(l) 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:
Primary Street yard at porch 15 feet
Primary Street yard at dwelling 20 feet
Primary Street yard at garage 25 feet
Side yards 5 feet
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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.
(l) 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.
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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):
Primary street yard at porch (measured from back of sidewalk) 10 feet
Primary street yard at dwelling (measured from back of sidewalk) 20 feet
Primary street yard at garage (measured from back of sidewalk) 25 feet
Side yards (measured from property line) 5 feet
Corner lot 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 (½) 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
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regulations shall be consistent with residential accessory structures contained in both
the California Building Code (CBC) and the Atascadero Municipal Code (AMC).
(l) 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 El 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.
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.
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(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:
Primary Street Yard Garages (measured from the back of sidewalk) 25 feet
Primary Street Yard Covered Porches/Decks (measured from back of
sidewalk)
3 feet
Primary Street Yard Residential Units (measured from back of sidewalk) 15 feet
Primary Street 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 Street yard (measured from back of sidewalk) 15 feet
Corner Street Covered Porch/Deck (measured from back of sidewalk) 3 feet
Rear Yard (measured from property line) 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 Code (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.
(l) 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.
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(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.
9-9.102 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-habitable structure located on a residential lot occupied
by a 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 stays. 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.
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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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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-B).
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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).
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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:
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(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
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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.
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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:
(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 street 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 perpendicular, or at a discernable angle, to the primary frontage.
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.
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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
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(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: A corner lot is located immediately adjacent to the intersection of two
(2) vehicular rights-of-way, including railroads.
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 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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Lot, flag. A lot which lies substantially behind another lot and is served by an
accessway or access easement (refer to Figure 9-F).
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.
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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.
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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.
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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.
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
vehicles.
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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(j). 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).
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FIGURE 9-F: SETBACKS AND BUILDABLE AREA
Setback, Street (primary, secondary, or corner). An open area without
structures, extending across the frontage of a lot abutting a private or public right-of-
way.
Setback, interior. Any open area of a site not within a required street, 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
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.
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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
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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= (2.29 X 10 - 3) I L
A
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
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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,
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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.
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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 less.
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 non-flood 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
(1½) inches maximum.
(4) A wet bar shall include a counter with a maximum four (4) foot length and
not to exceed twelve (12) square feet of total counter 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).
Zoning approval. Same as entitlement.
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ITEM NUMBER: A-4
DATE: 11/08/22
Atascadero City Council
Staff Report – City Manager’s Office
MOU with City of Paso Robles Regarding
Shared Board Seats for Central Coast Community Energy
RECOMMENDATION:
Council authorize the City Manager to execute a Memorandum of Understanding (MOU),
in a form substantially similar to the Draft MOU presented with this report, with the City of
Paso Robles for a shared governance seat on the Policy Board and Operations Board
and for the selection of a Community Advisory Council appointment for Central Coast
Community Energy (CCCE).
DISCUSSION:
In February 2022, the City Council voted to join Central Coast Community Energy
(CCCE), with service beginning in January 2024. On September 22, 2022, the CCCE
Board voted to amend its Joint Powers Authority Agreement, adding the City of
Atascadero as a member. The City of Paso Robles has been a member of CCCE since
2019.
CCCE was founded in 2017 and serves 34 communities throughout the Central Coast,
sourcing clean and renewable electricity for Monterey, San Benito, Santa Cruz, San Luis
Obispo, and Santa Barbara counties. CCCE’s governance structure is comprised of a
Policy Board, Operations Board, and Community Advisory Council.
The Policy Board is seated by elected officials from participating local member agencies
and provides guidance/approval in the areas of strategic planning and goal setting,
passage of the Authority’s budget, customer rates, and large capital expenditures outside
the typical power procurement required to provide electrical generation service. The
Policy Board meets four times a year inclusive of the annual joint board/council meeting.
The Operations Board is seated with senior executive/County Administrative Officers and
senior executive/City Managers. The Operations Board provides oversight and support to the
Chief Executive Officer on matters pertaining to the provision of electrical service to customers
in the region and other routine operational matters of the Authority. The Operations Board
meets eight times a year in addition to the annual joint board/council meeting.
The Community Advisory Council (CAC) is appointed at large by the Policy Board and is
comprised of up to 15 members appointed from each constituent county (Santa Cruz,
San Benito, Monterey, San Luis Obispo, and Santa Barbara), and is representative of the
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ITEM NUMBER: A-4
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broad diversity of stakeholder interests and customer classes in CCCE’s service area.
The CAC is formed to ensure that all parties, including private citizens, organizations,
government agencies, and industry have a local community group to provide in-depth
review and feedback on CCCE proposals and policies and provide recommendations to
the Boards. The CAC assists with legislative advocacy and is tasked to assist with
community engagement to ensure that CCCE’s programs and outreach align with
CCCE’s core mission. The CAC meets seven times a year including the annual meeting.
Of the 34 jurisdictions in CCCE’s service area, all participating county jurisdictions receive a
full seat on both the Policy Board and Operations Board. City jurisdictions with populations
over 50,000 also receive a full seat on both boards. Cities with populations under 50,000 are
allocated shared seats by groupings of multiple jurisdictions based on geography. The
current board seating is comprised of eight full seats and ten shared seats. Shared seats
rotate every two years within the representatives of those shared communities. Jurisdictions
who share a seat have a Memorandum of Understanding (MOU) that outlines their roles,
responsibilities, and common interests in JPA participation.
Upon approval of the amended JPA, the City of Atascadero now shares a Board seat on
both the Policy Board and Operations Board with the City of Paso Robles, who formerly
shared a seat with the Cities of San Luis Obispo and Morro Bay. Staff from both cities
worked on the attached draft MOU, modeled after MOUs currently in place amongst the
other jurisdictions in the County, to ensure equitable and adequate representation of the
interests of both communities.
Pursuant to the draft MOU, the Paso Robles City Council will appoint its respective Board
Members for the two-year term no later than December 2022. Following the initial term, all
subsequent terms shall run for two years starting in January of odd-number years and
conclude as of the last day of December in even-number years. Future term appointees shall
be made by alternating City Councils, according to the appointment policies/procedures of
each respective City Council, in January of the year that the term concludes. Thereafter, the
rotation shall continue in two-year periods until the draft MOU or JPA bylaws are amended.
The City of Paso Robles is expected to review the MOU on November 15, 2022. Should
there be any substantive changes following that meeting, although staff does not
anticipate any, the MOU will be brought back to the Council for further consideration and
approval.
ALTERNATIVES:
Council may take no action or provide alternative direction to staff.
FISCAL IMPACT:
None.
ATTACHMENTS:
Draft MOU
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MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF EL PASO DE ROBLES AND CITY OF ATASCADERO
REGARDING PARTICIPATION WITH
CENTRAL COAST COMMUNITY ENERGY
This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by and between
the City of El Paso de Robles, a California municipal corporation, hereinafter referred to as PASO ROBLES
and the City of Atascadero, a California municipal corporation, hereinafter referred to as Atascadero (PASO
ROBLES and ATASCADERO, hereinafter individually referred to as “party” and hereinafter collectively
referred to as the “parties”).
A. INTRODUCTION
In June 2019, the PASO ROBLES City Council voted to formally joined Monterey Bay Community Power,
which has since changed its name to Central Coast Community Energy (CCCE). PASO ROBLES began
receiving service on January 1, 2021. In February 2022, the ATASCADERO City Council voted to formally
join CCCE and will begin to receive service on January 1, 2024. The CCCE Joint Powers Agreement (JPA)
amendment to add ATASCADERO was approved on September 22, 2022, and became effective
immediately.
CCCE is a Community Choice Aggregation (CCA) program — also known as municipal aggregation —
which allows local governments to procure power on behalf of their residents, businesses, and municipal
accounts from an alternative supplier while still receiving transmission and distribution service from their
existing utility provider. CCAs provide choice in the electricity market, reduce greenhouse gas emissions,
provide potential rate savings, support energy efficiency, promote regional collaboration, and contribute to
economic development.
As outlined in the CCCE JPA, the agency is governed by two decision making bodies and one advisory
body:
• The Policy Board is comprised of elected officials and meets quarterly to make high level policy
decisions.
• The Operations Board is comprised of City Managers or their designees and meets approximately
eight times per year to make operational decisions.
• The Community Advisory Council is comprised of community members and serves in an advisory
role to the Policy Board and Operations Board.
CCCE is a large agency and to ensure manageable meetings, smaller jurisdictions share seats on the Policy
Board and Operations Board. Jurisdictions with 50,000 or more residents have permanent seats, while
smaller jurisdictions share seats based on geographic proximity. Since the populations of PASO ROBLES
and ATASCADERO are smaller than 50,000 each, the two cities will share a Policy Board and Operations
Board seat. Prior to ATASCADERO joining CCCE, PASO ROBLES shared board seats with the Cities of
Morro Bay and San Luis Obispo, which was governed by a MOU. PASO ROBLES has since rescinded its
CCCE board appointment MOU with Morro Bay and San Luis Obispo in anticipation of ATASCADERO
joining CCCE and a new MOU being executed.
B. PURPOSE
The purpose of this MOU is to identify a clear framework between PASO ROBLES and ATASCADERO
to share governance seats on CCCE’s Policy Board and Operations Board.
ITEM NUMBER: A-4
DATE: 11/08/22
ATTACHMENT: 1
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City of El Paso de Robles and City of Atascadero
Central Coast Community Energy Participation Memorandum of Understanding
Community collaboration and regionalism was a key value of the effort to create a local community choice
energy program. This MOU seeks to encourage further regional collaboration.
C. SHARED SEATS
1. Policy Board – The Policy Board representative shall serve for a term of two years, representing
the interests of both cities, and shall rotate between cities. PASO ROBLES shall serve as the Policy
Board representative from the date of execution of this agreement through December 2024.
Thereafter, the seat shall transition biennially, beginning January of odd numbered years, between
PASO ROBLES and ATASCADERO.
a. The city with the currently serving Policy Board representative shall distribute via email to
both City Councils and City Managers the meeting minutes and any additional narrative
deemed necessary after each Policy Board meeting to stay informed of policy, business, or
other related matters.
b. The Policy Board Director alternate appointment shall be identified by the City currently
holding the seat.
2. Operations Board – The Operations Board representative shall serve for a term of two years,
representing the interests of both cities, concurrent with the Policy Board appointment term and
will consist of the City Manager or designee for the City of the Policy Board representative:
a. The city with the currently serving Operations Board representative shall distribute via email
to the other City Manager the meeting minutes and any additional narrative deemed necessary
after each Operations Board meeting to stay informed of policy, business, or other related
matters.
3. In all cases, the elected officials, staff, or public representing the joint interests of PASO ROBLES
and ATASCADERO, for purposes of the CCCE, shall consider the program purposes outlined in
the Central Coast Community Energy Joint Exercise of Powers Agreement:
a. Reducing greenhouse gas emissions;
b. Providing electric power to customers at a competitive cost;
c. Carrying our programs to increase energy efficiency;
d. Stimulating and sustaining the local economy by developing local jobs in renewable energy
and energy efficiency; and
e. Promoting long-term rate stability and energy security and reliability for residents through local
control of electric generation resources.
4. If a party fails to attend or otherwise comply with the CCCE JPA and bylaws, and if the seat
becomes vacated because of such conduct, the next party shall serve in that seat.
D. PROCESS
PASO ROBLES City Council will appoint its respective Board Members for the two-year term no later
than December 2022. Following the initial term, all subsequent terms shall run for two years starting in
January of odd-number years and conclude as of the last day of December in even-numbered years.
Future term appointees shall be made by alternating City Councils, according to the appointment
policies/procedures of each respective City Council, in January of the year that the term concludes.
ITEM NUMBER: A-4
DATE: 11/08/22
ATTACHMENT: 1
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City of El Paso de Robles and City of Atascadero
Central Coast Community Energy Participation Memorandum of Understanding
Thereafter, the rotation shall continue in two-year periods until this MOU is amended or JPA bylaws are
amended in such a manner that renders this MOU obsolete.
To ensure representation for both cities, appointees may continue to serve after expiration of the stated term
until such time as a successor is selected according to the procedures set forth above.
E. NOTICE
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered
by depositing the same in any United States Post Office, certified mail, return receipt requested, postage
prepaid, addressed to:
CITY OF PASO ROBLES:
1000 Spring St
Paso Robles, CA 93446
Attn: City Manager’s Office
CITY OF ATASCADERO:
6500 Palma Ave
Atascadero, CA 93422
Attn: City Manager’s Office
F. COST OBLIGATION
Each party to this MOU shall be financially responsible for absorbing costs incurred for their own
participation on the Policy Board and Operations Board.
G. COMMENCEMENT AND TERM OF MOU
This MOU is executed as of the date of last signature and is effective until the CCCE governance model
changes, or PASO ROBLES and/or ATASCADERO withdraw from CCCE, or either party fails in good
faith to resolve with the other party a conflict over a substantial issue concerning the CCCE or the parties’
performance of this MOU.
H. TERMINATION
The party desiring to terminate this MOU shall provide the non-terminating party with written notice of its
desire to terminate and the reasons therefore. Both parties agree to engage in a meet and confer process,
and, in the case of termination based on a conflict over a substantial issue concerning the CCCE or the
parties’ performance of this MOU, the parties shall engage with one another in good faith to resolve the
conflict. If a conflict still exists after such good faith negotiations, this MOU shall terminate upon thirty
(30) days final written notice.
I. LIABILITIES
It is understood that none of the parties to this MOU is the agent of any of the other parties and none of the
parties is liable for the wrongful acts, omissions or negligence of any other party to this MOU. Each party
shall be responsible for its wrongful or negligent acts or omissions and those of its officials, officers,
employees, and agents, howsoever caused, to the extent allowed by law, and shall be responsible for their
own Commercial General Liability, Auto, Worker’s Compensation and Errors and Omissions insurance
and adherence to their respective City’s policies. Each party to this MOU agrees to indemnify, defend and
hold the other, and their officials, officers, employees, and agents, against any liability, claim, personal
injury, including death, or property damage caused by that party’s negligence or willful misconduct in their
performance under this MOU.
ITEM NUMBER: A-4
DATE: 11/08/22
ATTACHMENT: 1
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City of El Paso de Robles and City of Atascadero
Central Coast Community Energy Participation Memorandum of Understanding
J. NO ASSIGNMENT
The rights and obligations of the parties to this MOU may not be assigned or delegated.
K. AMENDMENT
This MOU may not be amended or modified in any manner whatsoever except by written agreement
between the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last written date below.
FOR PASO ROBES
Date: ________________ ___________________________________________
Ty Lewis, City Manager – City of El Paso de Robles
FOR ATASCADERO
Date: ________________ ___________________________________________
Rachelle Rickard, City Manager – City of Atascadero
ITEM NUMBER: A-4
DATE: 11/08/22
ATTACHMENT: 1
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