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HomeMy WebLinkAboutPC_2023-10-03_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. CITY OF ATASCADERO PLANNING COMMISSION AGENDA REGULAR MEETING Tuesday, October 3, 2023 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance ROLL CALL: Chairperson Jeff van den Eikhof Vice Chairperson Tori Keen Commissioner Jason Anderson Commissioner Victoria Carranza Commissioner Greg Heath Commissioner Randy Hughes Commissioner Dennis Schmidt APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motio n if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF THE DRAFT MINUTES OF SEPTEMBER 19, 2023 • Recommendation: Commission approve the September 19, 2023 Minutes. City of Atascadero Planning Commission Agenda Regular Meeting October 3, 2023 Page 2 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. PLANNING COMMISSION BUSINESS COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s). DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing, Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. 2. ZONING TEXT CHANGE The project includes amendments to Title 9 of the Atascadero Municipal Code to expand allowances for kitchen facilities in hotels and motels. (ZCH23-0071) • Recommendation: Staff’s recommendation is for the Planning Commission adopt PC Resolution, recommending the City Council adopt a text amendment to Title 9 modifying the definition of a hotel/motel, based on findings. COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be held on October 17, 2023 at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Ave, Atascadero, CA. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to, this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting October 3, 2023 Page 3 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information at (805) 470-3400. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required). 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at (805) 461-5035 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. HOW TO SUBMIT PUBLIC COMMENT: If you wish to comment, please email public comments to: pc-comments@atascadero.org by 12:00 pm on the day of the meeting. Such email comments must identify the Agenda Item Number in the subject line of the email. The comments will be forwarded to the Planning Commission and made a part of the administrative record. If a comment is received after the deadline for submission but before the close of the meeting, the comment will still be included as a part of the administrative record of the meeting but will be forwarded to the Planning Commission the next business day. 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 accorda nce with the City procedure for resolving reasonable accommodation requests. Planning Commission agendas and minutes may be viewed on the City's website: www.atascadero.org. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the Community Development Department and are available for public inspection on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the Planning Commission. The Minut es of this meeting will reflect these numbers. All documents submitted by the public during Planning Commission meetings that are eithe r read into the record or referred to in their statement will be noted in the Minutes and available for review by contac ting the Community Development Department. All documents are available for public inspection during City Hall business hours by appointment. PC Draft Minutes of 9/19/2023 Page 1 of 5 ITEM NUMBER: 1 DATE: 10-3-23 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, September 19, 2023 – 6:00 P.M. City Hall 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:00 p.m. Chairperson van den Eikhof called the meeting to order at 6:05 p.m. and Vice Chairperson Keen led the Pledge of Allegiance. ROLL CALL Present: Commissioners Carranza, Heath, Schmidt, Vice Chairperson Keen, and Chairperson van den Eikhof Absent: Commissioners Anderson and Hughes (excused absences) Vacant: None Others Present: Annette Manier, Recording Secretary Staff Present: Community Development Director, Phil Dunsmore Senior Planner, Kelly Gleason Assistant Planner, Sam Mountain APPROVAL OF AGENDA MOTION: By Commissioner Schmidt and seconded by Commissioner Carranza to approve the Agenda. Motion passed 5:0 by a roll-call vote. (Anderson, Hughes absent) PUBLIC COMMENT None. Chairperson van den Eikhof closed the Public Comment period. 1 PC Draft Minutes of 9/19/2023 Page 2 of 5 ITEM NUMBER: 1 DATE: 10-3-23 CONSENT CALENDAR 1. APPROVAL OF THE DRAFT MINUTES OF SEPTEMBER 5, 2023 • Recommendation: Commission approve the September 5, 2023 Minutes. MOTION: By Commissioner Heath and seconded by Commissioner Schmidt to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. (Anderson, Hughes absent) PLANNING COMMISSION BUSINESS None COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. 5705 OLMEDA AVE. CARE FACILITY The proposed project is to consider a request for a Conditional Use permit to designate the site as a residential care facility within an existing multi-family property for Family Care Network on APN 029-253-016. (USE23-0072) • Recommendation: Staff’s recommendation is for the Planning Commission to approve the project. DISCLOSURE OF EX PARTE COMMUNICATIONS: None. Planner Mountain presented the staff report, and he and Director Dunsmore answered questions from the Commission. Some conditions published in the staff report are code required with the building permit; therefore, those conditions will be removed in the CUP. The Commission discussed the one public comment from a neighbor on this project, and requested that staff add definitions in future staff reports. PUBLIC COMMENT The following members of the public spoke: Jeff Carlson and John Nibbio from Family Care Network. Chairperson van den Eikhof closed the Public Comment period. Staff answered additional questions from the Commission. 2 PC Draft Minutes of 9/19/2023 Page 3 of 5 ITEM NUMBER: 1 DATE: 10-3-23 MOTION: By Schmidt and seconded by Vice Chairperson Keen to adopt PC Resolution approving USE23-0072 allowing a Residential Care Facility use with 7 or more residents in the Residential Multi-Family 10 du/ac (RMF-10) zone, based on findings and subject to Conditions of Approval, with approved modifications from staff. Motion passed 5:0 by a roll-call vote. (Anderson, Hughes absent) 3. MORRO ROAD/CURBARIL AVE MIXED-USE PROJECT The proposed project is to consider a mixed-use development for Curbaril Corner LLC, on the following addresses/APNs: (USE22-0093) 7955 MORRO ROAD & 8005 CURBARIL AVE (APN 031-161-044) 8021, 8023, 8025, 8027 CURBARIL AVE (APN 031-161-048) 8051&8053 CURBARIL AVE (APN 031-161-045) 8035 CURBARIL AVE (APN 031-161-049) 8011 CURBARIL AVE (APN 031-161-046) 8041 & 8043 CURBARIL AVE (APN 031-161-050) 8017 CURBARIL AVE (APN 031-161-047) 8045 CURBARIL AVE (APN 031-161-051) • Recommendation: Staff’s recommendation is for the Planning Commission to approve the project. DISCLOSURE OF EX PARTE COMMUNICATIONS: None Planner Gleason presented the staff report, and she and Director Dunsmore answered questions from the Commission. PUBLIC COMMENT The following member of the public spoke: Max Zappas. Mr. Zappas asked if some conditions could be edited, and then still get the project approved tonight. He requested that Conditions 8 and 11 be reviewed. Chairperson van den Eikhof closed the Public Comment period. Director Dunsmore addressed questions raised during public comment in regards to Conditions 8 and 11. Chairperson van den Eikhof reopened the Public Comment period. 3 PC Draft Minutes of 9/19/2023 Page 4 of 5 ITEM NUMBER: 1 DATE: 10-3-23 PUBLIC COMMENT The following member of the public spoke: Max Zappas. Mr. Zappas asked to go through Conditions 5, 8, 9, 11, 15, and 21. Mr. Zappas objected to the timing of the CFD in Condition 10. Chairperson van den Eikhof closed the Public Comment period. Staff clarified the conditions in question to the Commission. Vice Chairperson Keen asked if Condition 8 could be reworded to say “If utilities need to be installed, new utilities will need to be installed underground.” Director Dunsmore stated that in the future, staff will notate code vs. discretionary on the conditions of approval. MOTION: By Commissioner Heath and seconded by Commissioner Schmidt to adopt PC Resolution approving a Conditional Use Permit USE23-0072 for approving a mixed- use development at the corner of Curbaril Avenue and Morro Road, subject to findings and Conditions of Approval. Vice Chairperson Keen rescinded her Condition 8 modification because the item was explained to the applicant, and understood. Planner Gleason asked if Condition 15 would be kept or deleted. Commissioner Heath stated that it should be kept, and Commissioner Schmidt concurred. Motion passed 5:0 by a roll-call vote. (Anderson, Hughes absent) COMMISSIONER COMMENTS AND REPORTS Vice Chairperson Keen stated that Traffic Way is on the schedule for Public Works road improvement. The Commission requested additional information on CFD’s and would like copies of the Taussig Study. Staff suggested they speak with their City Council representative regarding CFD matters. DIRECTOR’S REPORT 4 PC Draft Minutes of 9/19/2023 Page 5 of 5 ITEM NUMBER: 1 DATE: 10-3-23 Director Dunsmore stated that the Objective Design Standards will come before the Commission as well as the Annual Zoning Code Update and CEQA. Director Dunsmore gave an update on upcoming General Plan meeting dates, and stated that the Grand Oaks project approval was appealed today. Planner Mountain gave a brief update on his APA training. Commissioners expressed their interest in training at future conferences. Director Dunsmore will research to determine what is available. ADJOURNMENT – 8:13 p.m. The next regular meeting is scheduled for October 3, 2023, at City Hall, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant 5 ITEM NUMBER: 2 DATE: 10/3/23 Atascadero Planning Commission Staff Report – Community Development Department Hotel / Motel Definition Change ZCH23-0071 Citywide RECOMMENDATION(S): Planning Commission adopt PC Resolution, recommending the City Council adopt a text amendment to Title 9 modifying the definition of a hotel/motel, based on findings. DISCUSSION: Background The City’s current definition for Hotels and motels includes a statement that kitchens shall be limited to 25% of the total number of lodging units. This provision was originally put in place to discourage the conversion of hotels in commercial districts to long term residential uses. However, the City has seen recent growth in branded hotels and a growing trend toward Airbnb rentals. While individually rented Airbnb rooms or units can meet the needs of visitors to our area, many people still feel more comfortable with a branded or known hotelier with locations that are closer to the freeway and local shopping and entertainment areas, such as Downtown. Branded hotels chains are now designing hotels to compete with the Airbnb model by providing units geared towards an extended stay, with built in kitchens and roomier lodging quarters. The City has currently received an application from the owner of 3600 El Camino Real, the site of the former Colony Inn, for a new hotel building at the rear of the site adjacent to Highway 101, and request to allow kitchens in all rooms. This site is being rebranded under the Marriott name with the existing hotel near El Camino Real branded as a Fairfield Inn and a new 120 room hotel building adjacent to the freeway branded as a Residence Inn. The new building was reviewed by DRC and the design was endorsed and will proceed to building permits. The applicants are requesting this code text amendment to allow kitchens in each room before they proceed with their permit application. In addition to this project site, the City has received interest from at least two other projects in support of this request. Code Text Amendments The proposed code text amendment would modify the definition of Hotels and Motels to eliminate or increase the limitations for kitchens in rooms intended for short -term rental. 6 ITEM NUMBER: 2 DATE: 10/3/23 The City currently allows wet bars, microwaves, and refrigerators in hotel rooms, but does not allow permanently installed cooking appliances. Atascadero Municipal Code currently defines Hotels and Motels as follows: 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 thirty (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. The applicant’s proposal is to delete the last sentence that limits the number of rooms with kitchens. The Planning Commission has the option of eliminating the standards or modifying the percentage. ANALYSIS: Historically, Atascadero has been a housing rich community with a good inventory of housing units, but our region remains in a housing deficit, especially at the below market rate levels. Therefore, it has been prudent to retain policies that protect the commercial nature and tax revenue associated with hotels and motels. However, the expansion of the tourism market and changes to the industry require that City policy be updated to keep up with trends. Traditional hotels, are facing significant competition from the residential short-term rental market. The City is now also collecting Transient Occupancy Tax from the expanded short-term rental market that has evolved in the residential zones. While the City has seen some past examples of non -permitted conversion, there is a growing trend toward longer stays (up to 30-days) and the desire to have a more independent, multi-room hotel unit while visiting the central coast. There has been an increase in traveling nurses and remote workers looking to experience the central coast for longer than an extended weekend. Allowing for kitchen in units would expand lodging options to these types of individuals and provide an alternative to a private Airbnb’s. Staff contacted some local cities and inquired about their policies related to this topic. Both Paso and San Luis Obispo do not limit kitchens in hotel rooms. Morro Bay allows full kitchens through a use permit process. Even with the growing trend toward extended stays and tourist demand for hotels offering greater in-room amenities, there is a minor potential that a hotel that provides kitchens could be used for long term occupancy, exceeding 30 days, which would impact the City’s ability to collect TOT, and violate commercial zoning policies. However, to mitigate this concern, staff recommends that any hotel with full kitchens in any rooms: • Be at least 20-units/rooms; and • They record a deed notification to ensure that any owners of the property understand that the property shall be maintained as a short-term occupancy hotel or motel, subject to transient occupancy tax and that stays over 30 days would be prohibited 7 ITEM NUMBER: 2 DATE: 10/3/23 Staff recommends that a provision be added for hotels or motels with kitchens in more than 50% of the rooms, be subject to a Conditional Use Permit that is subject to the following findings: • The project is designed consistent with the standards of the Atascadero Municipal Code and provides amenities consistent with a tourist serving use ; and • The project is located in an area that supports tourist serving activities. Staff is recommending that these standards be added as Municipal Code Section 9-6.185 within the Special Uses section of the Municipal Code. Therefore, a new section of the Municipal Code would be as follows: 9-6.185 Hotels and Motels. Where a hotel or motel is located in a commercial zoning district, the following standards shall apply: (a) Hotels and Motels without full kitchens shall be allowed as specified for each zoning district. (1) Wet bars, as defined in this Title, shall be permitted (b) Hotels and motels may have full kitchens in up to 50% of the rooms/units subject to the following: (1) The hotel development must contain a minimum of 20 rooms/units (2) A deed notification shall be recorded against the property detailing the commercial nature of the property. The notification shall be in a form approved by the Community Development Director. (c) Exceptions. Exceptions to the above standards may be modified with approval of a Conditional Use Permit, subject to the following findings: (1) The project is designed consistent with the standards of the Atascadero Municipal Code and provides amenities consistent with a tourist serving use; and (2) The project is located in an area that supports tourist serving activities. Conclusion With a changing trend toward more independent lodging amenities and longer stays, the applicants are proposing amendments to the definition of hotels and motels to expand full kitchen options. This amendment would apply Citywide for all new hotel uses. While these types of lodging units are typically seen under Airbnb or VRBO, many large hotel chains are expanding their branding to accommodate patron desires for kitchens and extra space. Enacting a Citywide definition change would allow hotels to provide these amenities. Staff is recommending the adoption of standards specific to hotels and motels offering these amenities to ensure that the commercial tourist nature of the use is maintained. ENVIRONMENTAL DETERMINATION: The California Environmental Quality Act (CEQA), Section 15061(3)(b), exempts activities which are covered by the general rule that CEQA applies only to projects which 8 ITEM NUMBER: 2 DATE: 10/3/23 have the potential for causing a significant effect on the environment. The proposed text amendment will not have any significant adverse environmental impacts. FINDINGS: To recommend approval of the proposed project, the Planning Commission must recommend to the City Council the following findings. These findings and the facts to support these findings are included in the attached resolutions. 1. The proposed project or use is consistent with the General Plan; 2. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; 3. The proposed Zone Change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 9 ITEM NUMBER: 2 DATE: 10/3/23 ALTERNATIVES: 1. The Planning Commission may recommend modifications to the City Council regarding the proposed text amendment. Any proposed modifications should be clearly restated in any vote on any of the attached resolutions. 2. The Planning Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required. A motion, and approval of that motion, is required to continue the item to a future date. 3. The Planning Commission may recommend that City Council deny the proposed amendments. The Commission must specify what findings cannot be made, and provide a brief oral statement, based on the Staff Report, oral testimony, correspondence, or any other rational introduced and deliberated by the Planning Commission. ATTACHMENTS: 1. Draft PC Resolution 10 ITEM NUMBER: 2 DATE: 10/3/23 PC RESOLUTION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL AMEND TITLE 9 PLANNING & ZONING, TO MODIFY THE DEFINITION OF HOTELS AND MOTELS HOTEL / MOTEL DEFINITION CHANGE (ZCH23-0071) WHEREAS, the City of Atascadero (6500 Palma Ave., Atascadero, CA 93422), is considering Zone Change Text Amendments to Title 9; 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 to maintain a clear and legible set of Zoning Regulations that is easily interpreted by the public and staff; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and Zoning Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and Zoning Text Amendments; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero, California makes the following findings, determinations and recommendations with respect to the proposed Zoning Code Text Amendment: SECTION 1. Findings for Approval. The Planning Commission finds as follows: A. Findings for Zone Text Amendment: 1. FINDING: The Planning and Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. FACT: The proposed zoning code text updates are consistent with the general plan. The modifications to the definitions of hotels and motels does not affect the commercial transient lodging nature of the use. 2. FINDING: This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 11 ITEM NUMBER: 2 DATE: 10/3/23 FACT: The proposed text maxes a minor modification to the land use definition for hotels and motels and will not affect the use of land designated for such uses. 3. FINDING: The Text Change will not, in itself, result in significant environmental impacts. FACT: The proposed text amendment is minor and will not result in an environment impact. Hotel and motel uses remain allowed in locations designated by the Atascadero Municipal Code. SECTION 2. CEQA. This Ordinance is exempt from the California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 3, 2023, resolved to recommend that the City Council introduce for first reading by title only, an Ordinance that would amend the Title 9 of the Atascadero Municipal Code as shown in Exhibit A. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner ____________________, and seconded by Commissioner _____________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jeff van den Eikhof Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 12 ITEM NUMBER: 2 DATE: 10/3/23 EXHIBIT A: Proposed Municipal Code Text Amendment – Title 9 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 CUP 7 CUP A CUP 9-6.110 Artisan Foods and Products A A A A5 A A ATM A A A A A A A A A A Auto Dealers (New and Used) and Supplies CUP CUP CUP CUP CUP 9-6.163 Auto Repair and Services CUP A A CUP A A 9-6.168 Bar/Tavern CUP CUP CUP A Bed and Breakfast CUP CUP CUP CUP Brewery – Production CUP CUP A A Broadcast Studios A A Building Materials and Hardware w/ outdoor sales or storage area CUP CUP CUP CUP CUP CUP 9-6.165 13 ITEM NUMBER: 2 DATE: 10/3/23 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 10,000 sf or greater Building Materials and Hardware w/ outdoor sales or storage area less than 10,000 sf A A A A A A 9-6.165 Business Support Services A A A A A A A A Caretaker’s Residence/ Employee Unit CUP CUP CUP Childcare Center A A A CUP 9-6.125 Churches and Related Activities CUP CUP 9-6.121 Collection Stations A4 A4 A4 A4 A4 A4 A4 A4 9-6.130 Contract Construction Services (Indoor) A A A A Contract Construction Services (Outdoor) CUP CUP CUP Data and Computer Services Center AUP AUP CUP A A Day Care Drive-Through Sales or Services CUP CUP CUP CUP CUP CUP 9-4.122 Eating and Drinking Places A A A A A A A A A A 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 14 ITEM NUMBER: 2 DATE: 10/3/23 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 General Retail Greater than 50,000 sf CUP CUP CUP CUP CUP CUP CUP Government Offices and Facilities A A A A A A CUP 9 A A A Health Care Services A A A CUP A CUP 9 A Horticultural Specialties w/ outdoor storage or sales area 10,000 sf or greater CUP CUP CUP CUP CUP CUP CUP 9-6.116 Horticultural Specialties w/ outdoor sales or storage area less than 10,000 sf A A A A A 9-6.116 Hotels, Motels CUP A A A CUP 9-6.185 Indoor Recreation Services CUP CUP CUP A A CUP CUP CUP Kennels CUP A 9-6.111 Large Family Day Care CUP 8 CUP8 9-6.125 Large Scale Ag Manufacturing CUP CUP A 9-6.103 Laundries and Dry-Cleaning Plants A A A A Laundromat/Coin- Operated Laundry CUP CUP CUP CUP CUP CUP A A Libraries, Museums A A A A A A Live/Work Unit A1 Manufacturing and Processing – High Intensity4 CUP CUP AUP AUP Manufacturing and Processing – Low Intensity CUP CUP A A A A Medical Extended Care Services: 6 Residents or Less CUP CUP CUP CUP CUP CUP 9-6.134 Medical Extended Care Services: 7 Residents or More CUP 9-6.134 Medical Research CUP A A CUP A A 15 ITEM NUMBER: 2 DATE: 10/3/23 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 Membership Organizations A A CUP CUP Microbrewery – Brewpub A CUP A A A A A A A A Mini-Storage CUP CUP A A Mobile Eating and Drinking Vendors6 A A A A A A A A Mixed-Use Development CUP 1 CUP 1 CUP1 CUP1 A1 A1 Mortuary Services A A A A Multifamily Dwelling CUP 2 CUP 2 CUP2 CUP2 A1 A1 Offices A A A A A A CUP 9 A Outdoor Recreation Services CUP CUP A 9-6.123 Parking Lots AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP Parks and Playgrounds A A Personal Service Restricted A CUP CUP Personal Services A A A A A CUP A Printing and Publishing CUP CUP A4 A4 A4 Public Assembly and Entertainment CUP CUP A CUP CUP RCFE – Assisted Living CUP 9-6.135 RCFE – Independent Living/Senior Apartments CUP CUP CUP 9-6.135 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 16 ITEM NUMBER: 2 DATE: 10/3/23 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 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 Telecommunicati on Facility CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Temporary Events A/ CUP 3 CUP A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP 3 A/ CUP 3 A A 9-6.177 Temporary Offices A A A 9-6.176 Temporary or Seasonal Sales A A A A A A A A A 9-6.174 Transit Stations CUP CUP A CUP CUP CUP CUP CUP Utility Facilities CUP CUP CUP CUP CUP CUP CUP CUP Utility Infrastructure A A CUP A A A CUP CUP A A Vehicle and Equipment Storage (Indoor)4 A CUP A4 A4 9-6.183 Vehicle and Equipment Storage (Outdoor)4 CUP 4 CUP 4 CUP 4 9-6.183 Vehicle and Freight Terminals CUP CUP CUP Warehousing CUP CUP A A Wholesaling and Distribution Center4 AUP AUP A4 A4 A4 A4 17 ITEM NUMBER: 2 DATE: 10/3/23 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 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 Multi-family 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 are not ideal for pedestrian uses such as restaurants, retail or related uses. b. The existing building and site improvements are designed exclusively for office uses and could not accommodate other uses. c. The proposed new office use will be a significant contribution to economic development by providing new jobs, pedestrian traffic, and active uses in the downtown. d. The proposed new office will meet parking, accessibility, and property development standards and will not result in new parking along Atascadero Creek, East Mall or West Mall. e. The proposed new office building will provide a storefront and other architectural features that complement the pedestrian scale and retail environment desired within the downtown. Zoning District Abbreviations CN – Commercial Neighborhood CP – Commercial Professional CR – Commercial Retail CS – Commercial Service CT – Commercial Tourist CPK – Commercial Park DC – Downtown Commercial DO – Downtown Office IP – Industrial Park I – Industrial 18 ITEM NUMBER: 2 DATE: 10/3/23 Figure 3-1 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 ten percent (10%) of the floor area of the principal building in accordance Section 9-6.103. Adult-Oriented Business. Any business defined by Chapter 9 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 19 ITEM NUMBER: 2 DATE: 10/3/23 does not include garages, workshops, or other similar residential accessory structures for nonagricultural uses. Agricultural Produce Stands. Open structures for the retail sale of agricultural products (except hay, grain and feed sales which are included under “farm equipment and supplies”) which are grown on the site in residential or agriculture zones. This does not include farmers’ markets or “seasonal sales” located in nonresidential zoning districts, defined under “temporary sales.” Agriculture Employee Housing. Includes single-family dwellings, or other lodging accommodations provided as a part of farming operations, as regulated under the California Health and Safety Code, employees on land owned by the owner of the building site on which the lodging is located. Amusement Services. Establishments providing indoor amusement, entertainment, or personal enrichment services on payment of a fee or admission charge, such as: arcades and coin-operated amusements; dance halls, and ballrooms which are principal uses rather than being subordinate to an eating or drinking place; health and exercise facilities including yoga, dance, martial arts and similar small studios that do not include courts or similar facilities; and music and arts and crafts instruction. Athletic facilities with basketball, racquetball or similar indoor participation sports are classified as “indoor recreation services.” Card rooms, billiard and pool halls as a primary use are classified as “Personal services—restricted.” Animal Hospitals. Establishments primarily engaged in performing services for animals, including veterinary services and animal hospitals. Does not include kennels, which are listed as a separate category. Artisan Foods and Products. An establishment that specializes in artisan food production, art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, where the facility includes a retail component. Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments selling new and used automobiles, including, but not limited to, light trucks (US DOT Class 1, 2, and 3), boats (FBSA Class A and Class 1 boats (under twenty-six (26) feet in length)), recreational vehicles, recreational/utility trailers, motorcycles and mopeds. Also includes establishments selling new parts and accessories within a building for the above. Does not include establishments dealing exclusively in used parts. Includes automobile repair shops only when maintained by establishment engaged in the sale of vehicles on the same site. Does not include “service stations,” which are separately defined. Auto Repair and Services. Service establishments primarily engaged in the repair, alteration, painting, washing or waxing of automobiles, and lube services. May also include rental of cars, trucks or trailers; leasing of cars and trucks. Does not include repair shops which are subordinate to and maintained by a vehicle dealership. Automated Teller Machine (ATM). Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to- face contact with financial institutions personnel. The machines may be located at or within banks, or in other locations. B. Definitions “B” 20 ITEM NUMBER: 2 DATE: 10/3/23 Bar/Tavern. Establishments where alcoholic beverages are sold for on-site consumption, which is not part of a larger restaurant. Includes bars, taverns, pubs, night clubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. Does not include adult entertainment businesses or uses defined under microbreweries or tasting rooms. Bed and Breakfast. Transient lodging establishments primarily engaged in providing overnight or otherwise temporary lodging for the general public. Such establishments provide limited meal service, generally breakfast, for lodgers. Brewery—Production. An establishment which produces ales, beers, meads, hard ciders, and/or similar beverages on site. Production breweries are classified as a use which requires a Class 01 type licensure from Alcohol Beverage Control (ABC). Breweries may also serve beverages on site, and sell beverages for off-site consumption in keeping with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Broadcasting Studios. Commercial and public communications use 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 businesses 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.” 21 ITEM NUMBER: 2 DATE: 10/3/23 Churches and Related Activities. Religious organization facilities operated for worship or for promotion of religious activities, including churches and religious Sunday-type schools. Other establishments maintained by religious organizations, such as educational institutions, hospitals and other operations that may be considered commercial in nature if not run by the religious organization (such as a recreational camp) are classified according to their respective activiti es. 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 multifamily 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: 22 ITEM NUMBER: 2 DATE: 10/3/23 • 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 (ATMs), dry cleaners/laundromats, etc., but do not include service stations or other vehicle services, which are separately defined. E. Definitions “E” Eating and Drinking Places. Restaurants and other establishments selling prepared foods and drinks for consumption on the premises, as well as facilities for dancing and other entertainment which are secondary and subordinate to the principal use of the establishment as an eating and drinking place. Also includes lunch counters and refreshment stands selling prepared goods and drinks for immediate consumption. Restaurants, lunch counters, and drinking places operated as subordinate service facilities within other establishments are not included here unless they are operated as leased departments by outside operators. Does not include establishments with drive-through facilities or uses defined under “adult-oriented business.” EV Charging Site. Electric vehicle (EV) charging site includes level one, level two, and level three charging sites that are an accessory use to a primary use, such as a parking lot, building, or multifamily residence. These charging sites are incidental uses and may or may not charge a fee for use. Does not include stand-alone EV charging station as defined in “service stations.” F. Definitions “F” Farm Animal Raising. The keeping, feeding or grazing of animals as an avocation, hobby, or school project, subordinate to the principal residential use of a property, includes species commonly considered as farm animals as well as exotic species, but does not include household pets. This includes the raising or feeding of beef cattle, sheep and goats by grazing or pasturing. Does not include uses defined as “livestock specialties.” Farm Equipment and Supplies. Establishments primarily engaged in the sale or rental of agricultural machinery and equipment for use in the preparation and maintenance of the soil, the planting and harvesting of crops, and other operations and processes pertaining to work on the farm; also, dairy 23 ITEM NUMBER: 2 DATE: 10/3/23 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 are not limited to: • Antique stores, second hand stores, jewelry stores, hobby materials, specialty stores; • Art galleries, art supplies, collectibles, hobby materials; • Bicycles, toys, games, sporting goods and equipment; • Department stores, drug stores, pharmacies, supermarkets, groceries stores, specialty food markets, membership warehouse clubs; • Florists, house plant stores (indoor sales), small house wares; • Home furniture stores, consumer electronic/audio visual goods, bookstores, home and/or office appliance stores (excludes wholesale sales not open to the general public); • New clothing, shoes, and accessory retail stores; • Stationery, dry goods, fabric stores and sewing supplies, and variety stores; • Stand-alone convenience markets (excludes fuel sales), warehouse retail stores, building supply hardware stores where outdoor sales are limited to under ten thousand (10,000) square feet. Pawn shops and retail stores that sell smoking, tobacco and vaping products as the primary use are included in “retail sales–restricted.” 24 ITEM NUMBER: 2 DATE: 10/3/23 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 thirty (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” 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; 25 ITEM NUMBER: 2 DATE: 10/3/23 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 (1) or more occupants of the unit; • Working space includes uses that are permitted within the zoning district. M. Definitions “M” Manufacturing, Repair, and Processing—High Intensity. A facility or establishment that accommodates manufacturing processes that involve and/or produce building materials, fabricated metal products, machinery, and other similar manufacturing uses, where the intensity or scale of operations is determined to be greater than those classified under “manufacturing and processing—low intensity,” but where impacts to surrounding neighborhoods, businesses, and the community may cause a significant impact. Uses may have an indoor setting, however uses may also be conducted outdoors. Examples of manufacturing and processing uses that are considered high-intensity include the following, but are not limited to: • Machinery manufacturing that makes or process raw materials into products; 26 ITEM NUMBER: 2 DATE: 10/3/23 • 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 an indoor setting. Examples of manufacturing and processing uses that are considered low intensity include the following, but are not limited to: • Artisan manufacturing and production where no retail component exists; • Production, assembly, and/or repair where no raw materials are manufactured; • Production and assembly of precision electronics and scientific instruments, including on-site offices; • Producing or processing of foods and beverages for human consumption where no retail component exists and does not include noxious odors or excessive noise and no slaughter occurs on site; • Repair and service of small consumer products; • Small scale manufacturing where assembling and/or manufacturing is completed by hand or precision tools; • Small product manufacturing not classified in another major manufacturing group. Medical Extended Care Services. Residential facilities providing nursing and health-related care as a primary use with in-patient beds. Examples of these uses include: board and care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under “residential care.” 27 ITEM NUMBER: 2 DATE: 10/3/23 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 (1) or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, is tied down to a permanent foundation with wheels removed and skirted. A mobile home on a permanent foundation is considered a single-family dwelling. Mobile Home Park. Any site that is planned and improved to accommodate two (2) or more mobile homes used for residential purposes, or on which two (2) or more mobile homes, as the term “mobile home” is defined in California Civil Code Section 798.3 or successor provision of the California Mobile home Residency Law, for non-transient 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 28 ITEM NUMBER: 2 DATE: 10/3/23 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 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. 29 ITEM NUMBER: 2 DATE: 10/3/23 Personal Services—Restricted. Service establishments that may have a blighting and/or deteriorating effect upon the surrounding area which may need to be dispersed in order to minimize their adverse impact. Examples of these uses include, but are not limited to, the following: check cashing and/or payday/same day loans; fortunetellers, psychics; palm, tarot and card readers; card rooms, billiard and pool halls as a primary use; tattoo and body piercing services; and hot tubs and saunas that are not an accessory to a permitted use. Printing and Publishing. An establishment engaged in printing letter press, lithography gravure, screen offset or electrostatic copying and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving, and electrotyping. The use also includes establishments that publish newspapers, books, and periodicals; establishments manufacturing business forms and binding devices. “Quick printing” services are included in the definition “business support services.” Public Assembly and Entertainment. Facilities for public assembly and group entertainment such as: public and semi-public auditoriums; exhibition and convention halls; civic theaters and meeting halls; motion picture theaters; legitimate theater facilities for live theatrical presentations or concerts by bands and orchestras; amphitheaters; meeting halls for rent and similar public assembly uses. Q. Definitions “Q” R. Definitions “R” Recreational Vehicle Parks. Transient lodging establishments primarily engaged in renting, leasing or otherwise providing overnight or short-term sites for trailers, campers, or tents, with or without individual utility hookups, but with other facilities such as public restrooms. Does not include incidental camping areas, which are included under “rural sports and group facilities.” Recycling and Scrap. Establishments primarily engaged in assembling, breaking up, sorting, temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap. Does not include waste disposal sites, which are separately defined. Does not include temporary storage of toxic or radioactive waste materials. Recycling Centers. An establishment, which is larger than a “collection station,” that serves as a community-wide center for the collection and/or processing of recyclable materials such as glass, paper, plastic, aluminum and metal cans. Research and Development. Research and development offices, devoted to scientific and engineering research and the design, development and testing of new technology and products; usually includes laboratory space or small-scale manufacturing operations. Residential Accessory Uses. Includes any use that is customarily part of a residence and is clearly incidental and secondary to a residence and does not change the character of the residential use. Residential accessory uses include the storage of vehicles and other personal property and accessory structures including garages, studios and workshops. Residential Care. A single-family or multiple-family dwelling unit that is licensed or supervised by a Federal, State, or local health/welfare agency that provides non-medical care of unrelated persons who are in need of personal service, supervision, or assistance essential for sustaining activities of daily living 30 ITEM NUMBER: 2 DATE: 10/3/23 or for the protection of the individual. Use includes the following: children’s homes; halfway houses; rehabilitation centers; self-help group homes. Residential Care Facility for the Elderly (RCFE). A housing arrangement chosen voluntarily by the residents or the residents’ guardians, conservators or other responsible person(s) where the following occurs: where seventy-five percent (75%) of the residents are at least sixty-two (62) years of age, or, if younger, have needs compatible with other residents; and where varying levels of care and supervision are provided, as agreed to at the time of admission or as determined necessary. RCFE uses may include basic services and community space. RCFE uses include the following: • Assisted Living Facility. A residential building or buildings that also provide housing, personal and health care, as permitted by the Department of Social Services, designed to respond to the daily, individual needs of the residents. Assisted living facilities may include kitchenettes (small refrigerator, sink and/or microwave oven) within individual rooms. Assisted living facilities are required to be licensed by the California Department of Social Services, and do not include medical extended care services. • Independent Living Center/Senior Apartment. Independent living centers and senior apartments are multifamily residential projects reserved for senior citizens, where common facilities may be provided (for example, recreation areas), but where each dwelling unit has individual living, sleeping, bathing, and kitchen facilities. • Retirement Hotel. Establishments primarily engaged in providing lodging facilities limited to the aged where no medical care is provided. Such establishments may provide housekeeping and meals to the residents. Resource Extraction. Uses primarily engaged in resource extraction, including, but not limited to, mining, developing mines or exploring for metallic minerals (ores), coal and nonmetallic minerals, or surface mines extracting crushed and broken stone, dimension stone or sand and gravel. Retail Sales–Restricted. Stores and shops selling products that may have a blighting and/or deteriorating effect upon the surrounding area and may need to be dispersed in order to minimize their adverse impact. Examples of these uses include, but are not limited to, the following: selling smoking, tobacco and vaping products as a primary use; and pawn shops, in which the business of pawn brokering, or the business of lending money upon personal property, pawns or pledges is done. Rural Sports and Group Facilities. Establishments supporting special group activities such as: archery, pistol, rifle, and skeet clubs and facilities; dude ranches; health resorts including outdoor hot spring, spa or hot tub facilities; hunting and fishing clubs; recreational camps; group or organized camps; incidental, seasonal camping areas without facilities; equestrian facilities, including riding academies, schools, stables and exhibition facilities. S. Definitions “S” Sales Lots. Sales lots consist of any outdoor sales area for permanent display of motorized farm equipment, boats (FBSA Class 3 and 4 boats (over twenty-six (26) feet in length)), heavy commercial trucks (US DOT Class 4 through 8), mobile homes, construction equipment, or other heavy equipment; outdoor equipment rental yards. 31 ITEM NUMBER: 2 DATE: 10/3/23 Schools. An institution or establishment that provides a program of instruction and teaching services. Includes: preschools, elementary and secondary schools serving grades K through 12 (or portions thereof); junior colleges, colleges and universities; and similar education institutions. Does not include Sunday schools which are permitted under “churches and related facilities.” Schools—Business and Vocational. Business and secretarial schools; vocational schools offering specialized trade and commercial courses; specialized nondegree granting schools, such as: music schools; dramatic schools; language schools; driver education schools; ballet and other dance studios; and establishments furnishing educational courses by mail. Secondary Residential Unit. Second residential units are defined as residential occupancy constructions (R) with a kitchen and full bathroom that is accessory to the primary unit and intended for permanent occupancy by a second housekeeping unit. Service Stations. Retail trade establishments primarily engaged in the sale of gasoline, which may also provide lubrication, oil change and tune-up services incidental to gasoline sales. May also include a towing service but does not include storage of wrecked or abandoned vehicles. Does not include uses defined as auto repair and service, or vehicle equipment storage. Single-Family Dwelling. An attached or detached building not to contain more than one (1) kitchen wherein the occupants of the dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, membership in the single housekeeping unit is fairly stable as opposed to transient, and members have some control over who becomes a member of the single housekeeping unit. Also includes factory-built, manufactured housing units and mobile homes constructed in compliance with Title 25 of the California Health and Safety Code, or successor provision as defined in Section 9- 9.102 of the Zoning Ordinance; transitional housing and supportive housing serving six (6) or fewer persons as defined in Section 9-9.102 of the Zoning Ordinance. Single Room Occupancy Unit (SRO). A structure that provides separate, single room, residential living units with no on-premises residential medical care. Units within the structure may have individual bathroom facilities, shared bath or toilet facilities for the residents, or any combination thereof. SRO may include structures commonly called rooming houses or boarding houses. SRO facilities shall not be age restricted. Age restricted SRO facilities shall be considered a residential care facility for the elderly (RCFE). Small Scale Ag Processing. The small-scale processing of agriculture products grown or produced on site, bottling, canning, or storage of agriculture products grown and processed on site, where the processing or storage shall not exceed one thousand (1,000) square feet (sf) in total use areas. This does not include tasting rooms. Social and Service Organizations. Public or quasi-public establishments providing social services and rehabilitation services to such as counseling centers, welfare offices, job counseling and training centers, or vocational rehabilitation agencies, persons with social or personal problems requiring special services and to the handicapped and the disadvantaged. Also included are organizations soliciting funds to be used directly for these related services. Also includes establishments engaged in community improvement and neighborhood development. Does not include child day care services which are classified under “schools.” 32 ITEM NUMBER: 2 DATE: 10/3/23 Sports Assembly. Facilities for spectator-oriented specialized group sports assembly that includes: stadiums and coliseums; arenas and field houses; race tracks (auto and animals); motorcycle racing and drag strips; and other sports that are considered commercial. Storage, Recycling and Dismantling of Vehicles and Material. Establishments primarily engaged in the storage, assembling, dismantling, sorting, and distribution of materials, equipment and vehicles. This use may be located either outdoors or indoors and includes, but is not limited to, auto wrecking yards, vehicle storage areas, vehicle impound lots, recyclable/waste material storage and transfer facilities. This does not include waste disposal sites, which are separately defined, or temporary storage of toxic or radioactive waste materials. T. Definitions “T” Tasting Room. Establishment that allows for beer, wine, or spirit tasting on site with off-site sales directly to the public. Tasting rooms must meet the requirements of the Alcoholic Beverage Control (ABC) license type (Type 02, Type 23, Type 40, Type 42 or Type 74 license, or similar). Tasting rooms may operate within a large-scale brewing, winery, or distillery facility as an ancillary. Telecommunication Facility. Public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, cellular data network, and wireless communication towers (cellular phones), including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph, and cable television transmission facilities utilizing hard-wired or direct cable connections. Does not include data processing centers. Temporary Dwelling. Includes the temporary use of a mobile home 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 mobile home 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. 33 ITEM NUMBER: 2 DATE: 10/3/23 U. Definitions “U” Utility Facilities. A fixed-base structure or facility serving as a junction point for transferring electric utility services from one (1) transmission voltage to another or to local distribution and service voltages, and similar facilities for water supply, natural gas distribution, wastewater pump station, fiber optics junction box, or other similar facilities that are not exempted from land use permit requirements by California Government Code Section 53091 or successor code. Utility Infrastructure. Pipelines for water, natural gas, sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also include telephone, cable television, and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service center as defined under “offices” or distribution substations (“utility facilities”). V. Definitions “V” Vehicle and Equipment Storage (Indoor). Service establishments primarily engaged in the business of storing cars, buses and other motor vehicles; recreational vehicles (such as campers, motor homes, boats); construction equipment; and farm equipment. Does not include wrecking yards, which are classified in “recycling and scrap.” All uses of the site must be located within an approved, permitted building and outdoor storage shall be limited to ten percent (10%) of the floor area of the building utilized for the business. Vehicle and Equipment Storage (Outdoor). Service establishments primarily engaged in the business of storing cars, buses and other motor vehicles; recreational vehicles (such as campers, motor homes, boats); construction equipment; and farm equipment. Does not include wrecking yards, which are classified in “recycling and scrap.” Storage of oversized commercial vehicles is also subject to Section 9- 6.103. Vehicle and Freight Terminals. Transportation establishments furnishing services incidental to transportation, including: freight forwarding services; transportation arrangement services; parking, crating, inspection and weighing services; freight terminal facilities; joint terminal and service facilities; trucking facilities, including transfer and storage; public warehousing and storage. Includes both railroad transportation and motor freight transportation. W. Definitions “W” Warehousing. Uses engaged in storage of manufactured products, supplies, and equipment excluding bulk storage of materials that are flammable or explosive or that present hazards, or conditions commonly recognizable as offensive. Does not include personal storage as defined as “mini-storage.” Wholesaling and Distribution Centers. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Also includes storage, processing, packaging, and shipping facilities for mail order and e- commerce retail establishments. Winery—Boutique. Winery or distillery production for no more than three thousand (3,000) cases of wine per year. Uses include fruit processing, fermentation pressing, barrel and bottle storage, bottling, 34 ITEM NUMBER: 2 DATE: 10/3/23 wine tasting, and direct retail sale of wine. Does not include winery production in residential zones, which is defined as small scale agriculture. Winery—Production. Winery or distillery production of more than three thousand one (3,001) cases of wine per year. Uses include fruit processing, fermentation pressing, barrel and bottle storage, bottling, wine tasting, and direct retail sale of wine. This also includes uses that produce three thousand one (3,001) cases of beverages or less, but do not meet the requirements for “winery—boutique,” “winery—production,” or “brewery—production.” X. Definitions “X” Y. Definitions “Y” Z. Definitions “Z” 9-6.185 Hotels and Motels. Where a hotel or motel is located in a commercial zoning district, the following standards shall apply: (a) Hotels and Motels without full kitchens shall be allowed as specified for each zoning district. (1) Wet bars, as defined in this Title, shall be permitted (b) Hotels and motels may have full kitchens in up to 50% of the rooms/units subject to the following: (1) The hotel development must contain a minimum of 20 rooms/units (2) A deed notification shall be recorded against the property detailing the commercial nature of the property. The notification shall be in a form approved by the Community Development Director. (c) Exceptions. Exceptions to the above standards may be modified with approval of a Conditional Use Permit, subject to the following findings: (1) The project is designed consistent with the standards of the Atascadero Municipal Code and provides amenities consistent with a tourist serving use; and (2) The project is located in an area that supports tourist serving activities. 35