HomeMy WebLinkAboutPC Resolution 2024-0002PC RESOLUTION 2024-0002
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY
COUNCIL AMEND TITLES 3: FINANCE, AND TITLE 9: PLANNING &
ZONING: TO PROVIDE UPDATES FOR GENERAL PLAN AND
PROCESSING CONSISTENCY AND PROVIDING CLARITY RELATED TO
DEVELOPMENT STANDARDS AND LAND USE DEFINITIONS, AND
DETERMING THIS ORDINANCE IS EXEMPT FROM REVIEW UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
TITLE 3: FINANCE AND TITLE 9: PLANNING
AND ZONING CODE UPDATES
(ZCH22-0053)
WHEREAS, an application has been received from the City of Atascadero (6500 Palma Ave.,
Atascadero, CA 93422), to consider Zone Change Text Amendments to Title 3 and Title 9; and
WHEREAS, the Planning Commission has determined that it is in the best interest of the City to
enact these amendments to Title 3 Finance and Title 9 Planning and Zoning of the Municipal Code for
consistency with the General Plan and State Law and to maintain a clear and legible set of Zoning
Regulations that is easily interpreted by the public and staff; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the California
Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and Zoning
Text Change application was held by the Planning Commission of the City of Atascadero at which hearing
evidence, oral and documentary, was admitted on behalf of said Planning and Zoning Text Amendments;
and,
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Atascadero, California makes the following findings, determinations and recommendations with
respect to the proposed Code Text Amendments:
SECTION 1. Findings for App roval of a Zone Text Change. The Planning Commission finds as
follows:
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 amendments update existing chapters for
clarity and consistency with the General Plan and State law.
FINDING: This Amendment of the Zoning Ordinance will provide for the orderly and
efficient use of lands where such development standards are applicable.
FACT: The proposed text contains provisions that address the unique characteristics of
Atascadero and provide for safe and orderly development of structures and land uses
consistent with State law.
2. FINDING: The Text Change will not, in itself, result in significant environmental impacts.
FACT: The proposed code texts amendments align with what was intended in the City's
current General Plan. Therefore, the amendments are consistent with the previous General
Plan Environmental Impact Report (EIR).
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 February 6, 2024, resolved to recommend that the City Council introduce
for first reading by title only, an Ordinance that would amend the City Finance and Planning and Zoning
Code Text with the following:
EXHIBIT A: Zone Text Change — Title 3 Finance Ordinance
EXHIBIT B: Zone Text Change — Title 9 Planning and Zoning Ordinance
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner Hughes, and seconded by Vice Chairperson van den Eikhof, the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Carranza, Heath, Hughes, Schmidt, Keen, van den Eikhof (6)
NOES: None (1)
ABSTAIN: None (0)
ABSENT: Anderson (1)
ADOPTED: February 6, 2024
CITY O ATASCADERO, CA
Tori Keen
Planning Commission Chairperson
Phil Dunsmore
Planning Commission Secretary
Exhibit A: Zone Text Change - Title 3 Finance Ordinance
I _
3-5.105 Cardrooms.
(a) License Required. It shall be unlawful for any person for him or herself, or for any other
person, to engage in or carry on, maintain or conduct, or cause to be engaged in, carried on, maintained,
or conducted, any cardroom in the City without first having secured a license from the City to do so
according to each and every requirement of this section or without complying with each and every
regulation set forth in this section pertaining to such cardroom. Each licensee and operator of a cardroom
shall employ only those persons who have obtained a work permit as defined and set forth herein.
(b) Definitions.
(1) Act. "Act" shall mean the Gambling Control Act as codified in Division 8, Chapter 5 of the
California Business and Professions Code (commencing with Section 19800).
(2) Applicant. "Applicant" means every person who applies for a license to operate a cardroom and
every individual who requests a permit as provided for by this chapter.
(3) Billiard Parlor. For the purpose of this chapter, a "billiard parlor" or "pool room" includes a
fixed place of business of any kind where billiards, pool, snooker or eight -ball or other similar games
tables are maintained on the premises, whether or not coin-operated.
(4) Card Games. "Card games" as used in this chapter means all forms of card games authorized
by the State of California.
(5) Cardroom. "Cardroom" as used in this chapter means any building or structure, or any portion
of a building or structure, or any premises or place where any person or persons are allowed to play a card
game as defined in this section.
(6) Card Table. "Card table" as used in this chapter means a card table within a business premises
where there is carried on any card game for compensation, which game is not unlawful under the
provisions of California Penal Code Section 330, or any other provision of law.
(7) Chief of Police. "Chief of Police" means the Chief of Police and designee.
(8) Director of Administrative Services. "Director of Administrative Services" shall be the Director
and designee.
(9) Employee. "Employee" means every individual, employed either as an agent, employee, or
otherwise, of the licensee, as defined in this section, or under the direction and control of the licensee of
any cardroom, with or without compensation. Anyone who is required to routinely enter into the card
playing area during the course of his or her duties is considered an employee. The term "employee" does
not include a bartender, culinary worker or other person not directly connected with the cardroom
operation.
(10) License. "License" as used in this chapter means a grant from the City Council authorizing a
person as defined in this section to operate a cardroom within the City of Atascadero.
(11) Licensee. "Licensee" means the person, as defined in this chapter, to whom a cardroom license
has been issued pursuant to this chapter.
(12) Person. "Person" means and includes any individual, partnership, corporation or combination,
business entity or combination thereof.
(13) Work Permit. "Work permit" means a grant of permission from the Director of Administrative
Services to an individual allowed by this chapter to work as an employee in a cardroom within the City of
Atascadero.
(c) License—Application—Bond. To apply for a cardroom license, a person shall take the
following steps:
(1) Every applicant for a license shall first obtain a State gambling license as required by the
Gambling Control Act and the implementing regulations (California Code of Regulations, Title 11,
Division 3, Chapter 1, Article 1, Section 2000 et seq.). Every applicant shall fully comply with the Act
and the implementing regulations including, but not limited to, Section 2050 of Title 11 of the California
Code of Regulations that requires an owner or a key employee, as defined by the Act, to be on the
premises, at all times that the establishment is open to the public unless the Division of Gambling Control
authorizes availability by telephone. Key employees must obtain a key employee license as required by
the Act;
(2) File with the City Clerk a written application, signed by the applicant, setting forth the nature
of the business that he or she wishes to engage in and the place where he or she proposes to establish such
business, including the particular building, and room or rooms;
(3) The true and correct name and address of each applicant of the building or structure within
which the cardroom is proposed to be maintained shall be included with the license application. Written
consent from the owner of the building or structure is required on the application;
(4) Submit a bond surety in a form approved by, to be approved
b} -the C:r. Gouneil Director of Administrative Services in the penal itim amount of five hundred dollars
($500.00) payable to the City. The following condition shall be added to a cardroom license regarding the
surely, when approved by the City:
(i) Neither the applicant nor anyone in his or her employ in such business will violate any
ordinance of this City or any law of this State, or of the United States of America, or any political
subdivision or agency thereof, during the time for which such license is granted. That upon a violation of
the condition of such surety, the same shall be and become due and payable to such City and the penalty
thereof may be recovered in a civil action. The conviction of, or plea of guilty by, the person to whom
such license is issued, or anyone in his or her employ in such business for the violation of any such
ordinance or law, shall ipso facto work a forfeiture of such surety, and any such conviction or plea of
guilty shall be conclusive evidence of such forfeiture, and in the event of such conviction or plea of guilty
the license shall be canceled;
(5) That the applicant verify with the Director of Community Development, that the subject
property zoning permits the proposed cardroom use;
(6) A statement that the applicant understands and agrees that the application shall be considered
by the Cit Couneil Director of Administrative Services after evidence has been presented to the City that
provides clear indication of a clean criminal record a fill investigation and rope4s iflel ,, ing any
available efifninal and affest and eenvie4ien effendef infefma&n, have been ffiade by the Chief of Poliee,
other- City offieials E)r- their- atithefized repr-esent4ives. A stAement that the applioant autherizes the Gib,
OF its allthOFiZed agents te update the investigation and baeligratind infermation on an afin _�_ hb-Asis ift the,
.i: 4i is appr-oved.
(d) Standards for Issuance. The Gib, veil Administrative Services Director shall consider and
determine whether to issue a license to operate a cardroom subject to the following conditions:
(1) No more than a total of six (6) card tables shall be licensed to operate within the City under the
provisions of this chapter.
(2) No one (1) permittee shall be authorized to operate more than a total of six (6) card tables
within the City.
(3) No more than six (6) card tables shall be operated and maintained within any single business
premises within the City.
(4) No card table license shall be issued unless the location for the cardroom(s) is in compliance
with all applicable zoning and building regulations of the City. The Community Development
Department shall review all applications to verify compliance with the Zoning Code. The Cefffleil
Community Development Director -shall consider the effect of the operation of a cardroom on other
sensitive uses located in the vicinity of the cardroom, including but not limited to schools, public parks or
recreational areas, public buildings with programs for minors, and religious institutions.
(5) No cardroom license shall be transferable to another location or permittee without the approval
of the City Couneil Administrative Services Director. Playing of all games shall be confined to those
designated areas of the cardroom premises as may be set forth in the cardroom license. No playing of any
games shall be permitted at any other location within or upon the cardroom premises.
(6) No cardroom license shall be issued to any person who has been convicted of any felony, nor to
any association, partnership or corporation of which any owner thereof has been convicted of a felony.
(7) In addition to any other restrictions provided by law, no card table license shall be issued to
anyone who is disqualified from holding a State gambling license for any of the reasons specified in
California Business and Professions Code Section 19859.
(8) Applicant shall provide to the City copies of all written reports filed with the Division of
Gambling Control pursuant to the Act or Title 11 of the California Code of Regulations.
(e) Car-dr-eafn Work Permit Appliea4ien and Denial.
Ser-viees E)r- designee of the City E)f Maseadere. Fef the per -poses of this ehapter-, "ear-dfeefn enlef:pr-ise
> >
personnel, eage
>
waitresses, >
employment duties feqttir-e of atAher-ize aeeess to festrieted gambling establishment areas. Applieations
for- eafdr-eefn wofk per-mits shall be submitted undef oath and eantain the past er-iminal f!eeer-d, if any, E)
the applieant, and sueh infefm4iea as may be deemed neeessafy by the Chief to detefminewhether- the
appheant is a proper- per -sen to be issued a ear-dr-eem wer-k pefTait. The appliea4ien also shall
pr-oeessing fee r-equifed by the City.
(2) A eafdr-oefn,�A,E)dE pefmit shall fiet be issuedto a -ay per -sen whe would be disqualified from
subdivision (a) of Section 19859 of the Aet, OF Fegarding whem the Division of Gambling Contfol of the
State E) f Californiahas filed ., objeetien to the City.
pefmit fef ant, ftifther- eatise deemed reasonable by the Dir-eeten The aetion E)f the Direeter- denying a
eardr-own war -k peFmit en the basis of this seetion shall be subjeet to appeal to the City Getifleil. Notiee of
sueh appeal shall be filed with the City Cler-k within ten (10) days aftef: the fietiee of denial E)f the peFmit.
Upeti failtife to file fietiee of appeal within the ten (10) Elay period, the aetion of the Difeeter- denying the
pefmit shall be final and eenelusive.
empleyees when they are werking.
Git�, Getmeil feselution. The fee shall not be r-etumed in the event giat the pemait is > fevoked,
of
stispended, as pr-evided in this ehapter-. The pefmit shall be valid for- ette (1) year- ffem the date of issue;
however-, it fn&), be pr-ofated quaAefly. The Elate of expir-4ien shall be pr-afninently displayed on the faee
„f thepei:mit-.
f
(7) A statement shall be signed by the appliean� stating tha4 the applieant under-stands aiid agfees
,
have been made by the Chief of Peliee and othef Git�, effleials of authefized fepfesentatives. A stateffient
shall be signed by the applieant stating that the applieant authofizes the City of authorized agents to
(f) Peffn4 Revee4ion E)f Suspension. The Dir-eeter may fevoke of suspend, and take possession ef
any ear-dr-eem iverk pefmit issued undef this ehapter-, upon any vielation of the pr-evisions of this ehaptef.
The aetieft of the Pir-eetef shall be subjeet to appeal te the Gouneil. Nefiee of sueh appeal shall be filed
with the Gily Qefk within ten (10) days after- notiee of the reveeati ion aetion. Upon failure
.(ge) Revocation of Licenses. The City Council shall have the right to revoke any cardroom license
when the possessor thereof has violated, or permitted the violation of, any of the terms of this chapter.
The City Council may also revoke any cardroom license when the business being operated is not being
conducted in accordance with the public health, safety or welfare or when, in the discretion of the City
Council, it is found that the continued operation of such business will create or is creating a policy
problem for the City. Prior to revoking any cardroom license, the City Council shall cause to be served on
the applicant a notice of its intention to do so at least five (5) days prior to the date upon which it intends
to consider the matter of such revocation, and also stating the right of the licensee to appear before the
City Council and to show cause why such license should not be revoked. The decision of the City Council
with respect to such revocation shall be final.
(1}f) Attendance by Minors. No person under the age of twenty-one (21) shall be employed in or
allowed to frequent, remain in or visit any room or premises wherein is conducted or operated any card
table licensed under the provisions of this chapter.
(ig) Patron Security and Safety in and Around a Cardroom Establishment.
(1) Each applicant for a cardroom license, at the time of application, and annually thereafter, at the
time of cardroom license renewal, shall present a plan for security and safety of patrons of the cardroom
in and around the cardroom establishment. The plan shall set forth such provisions as are necessary to
ensure the safety and security of patrons, including measures taken or instituted to avoid follow -home
robberies. The holder of a cardroom license shall be liable for the safety and security of patrons to the
fullest extent under the law. Any effort on the part of a cardroom licensee to limit such liability shall be
clearly posted in such a manner as to give adequate notice to patrons. The plan shall include a detailed
summary of all known incidents involving or affecting patron security and safety in and around the
cardroom establishment for the preceding year.
(2) The Chief of Police or designee may require, in his or her discretion, all cardroom licensees to
implement reasonable security measures to insure the safety of patrons including, but not limited to,
hiring private uniformed security guards. If security guards are required, the Chief of Police shall
determine the number and hours of coverage.
(3) During all hours of operation, doors at the cardroom establishment shall be unlocked and
accessible to the general public and open to police inspection. Cardrooms shall be located and so arranged
that card tables and the players at the tables are plainly visible from the door opening of the cardroom
when the door is opened. No wall, partition, screen, or similar structure between the front door opening
and any card table located in the cardroom shall be permitted if it interferes with such visibility.
(ih) Transfer and Assignment. Any transfer or assignment of any license shall be considered for all
purposes in the same manner as a new application for a cardroom license in the City, and all the
provisions of this chapter applicable to new and original applications shall apply.
(ki) Annual Fee. Licenses shall be issued on an annual basis. The annual license fee, payable each
fiscal year beginning July 1, 2006, shall be established by resolution of the City Council. The fees shall be
payable to the City after the Council has approved the issuance of the license but prior to the issuance of
the license. The operator of a cardroom shall pay the license fee set forth in this section regardless of the
license fees he or she might pay for other businesses. If the same person operates two (2) or more
cardrooms, he or she shall pay on each cardroom the license fee set forth in this section and shall have a
separate license for each cardroom.
Qi) Police Access to Premises. The City Council finds that it is necessary and in the public interest
that law enforcement officers have access to any premises in which a card table is being operated under
the terms of this chapter. Any premises for which a license has been issued under the provision of this
chapter shall be deemed to constitute a public place, and all police officers and peace officers shall at all
times have access thereto during business hours.
(mk) Hours of Operation. Unless the hours of operation for a cardroom are restricted in the
cardroom permit, a cardroom may operate twenty-four (24) hours per day. Each permittee shall clearly
post the hours of operation of the cardroom so as to provide law enforcement and cardroom patrons
adequate notice of the hours of operation. If alcohol is served on the premises (with the proper licenses
from the Department of Alcohol Beverage Control), all alcoholic beverages shall cease being served
between the hours of 2:00 a.m. and 6:00 a.m. each day.
(nl) Bets or Wagers. There is no limit on the amount of a single bet or wager unless the cardroom
posts notice of a limit. Cardrooms shall establish wagering limits in accordance with such limitations as
may be set from time to time by the State of California and the City of Atascadero. The City of
Atascadero may set wagering limits by resolution adopted by the c -City ECouncil. Wagering limits, or a
notice of no limit, shall be clearly posted to give patrons adequate notice of the rules related to wagering.
(1) No cardroom owner, operator, or employee shall permit any of the following:
(i) Bets made by any owner, operator, or employee while on duty when any member of the general
public is waiting to play in an approved game.
(ii) Bets made by a shill or dummy player.
(2) Wagering at any table shall be limited to table stakes. No side bets shall be permitted. Table
limits shall be posted in a location observable from the table. The cardroom shall set individual table stake
limits, not to exceed the wagering limit. Table limits may be changed with not less than thirty (30)
minutes notice to the patrons.
(em) Penalties for Violations. Any violation of this chapter shall constitute a misdemeanor, and
any person found guilty thereof shall, upon conviction or plea of guilty, be punished by a fine pursuant to
Chapter 3 of Title 1 of the Municipal Code or by imprisonment in the jail of the City, or in the jail of the
County of San Luis Obispo, for not more than three (3) months, or by both such fine and imprisonment,
and when a fine is imposed the judgment may direct that the defendant be imprisoned in the county jail
until such fine is satisfied at the rate established by the county.
(pn) Severability. If any section, subsection, sentence, clause, phrase or portion of this section is
for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portion of this section. The City
Council of the City of Atascadero hereby declares that it would have adopted this section and each
subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any one (1) or more
subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or
unconstitutional.
Exhibit B: Zone Text Change - Title 9 Planning and Zoning Ordinance
9-1.110 Public Hearings
When a public hearing before the Design Review Committee, Planning Commission or the City
Council is required by this title, such hearing shall be conducted as follows:
(a) Notice of Hearing. Notice of a public hearing shall include the time and place of the hearing, a
general description of the request, the location of the site, and any additional information which the
Planning Director deems appropriate. Such notice shall be given at least ten (10) days before the hearing
by first class mail with postage prepaid to all persons whose names and addresses appear on the last
equalized assessment roll as owning property within three hundred (300) feet from the exterior boundaries
of the parcel which is the subject of the hearing, except for projects in the RS zoning district which shall
require that notices be sent to all such properties within a one thousand feet (1000) from the exterior
boundaries of the project site. Such notice shall also be published at least once at least ten (10) days
before the hearing in a newspaper of general circulation, published and circulated in the City, or if there is
none, it shall be posted in at least three (3) public places in the City.
(1) If the number of notices required is greater than one thousand (1,000), as an alternative to the
notice required by Section 9-1.110(a), such notice shall be given at least ten (10) days prior to hearing by
placing a display advertisement of at least one-fourth (1/4) page in a newspaper of general circulation in
the City or by placing an insert with any generalized mailing by the City, such as billing for City services,
to property owners in the area required to be notified.
(2) Persons filing a written request to receive any such notice shall be given notice by first class mail,
A fee may be charged to recover the cost of such mailing.
(b) Scheduling of Hearing. When an application has been accepted as complete for processing, received
staff review, and a recommendation on the Environmental Determination or Environmental Impact
Report has been completed, it shall be scheduled for public hearing on the next available Planning
Commission agenda reserved for such matters. Appeals shall be scheduled on the Planning Commission
or City Council agenda, as applicable, within thirty (30) days of receipt of the appeal. A public hearing on
an application or appeal may be continued to a date specific without providing additional notice.
9-1.111 Appeal.
Decisions of the Planning Department or Planning Commission may be appealed by an applicant any
aggrieved person, ineludin the Planning Commission, or an'6 the City Council, and/or individual
members ther-eef the Planning Commission or City Council. An appeal shall be filed in the f
k4t,ef writing, setting forth the reasons for the appeal. An appeal shall be accompanied by any fees
required. Appeal fees shall not be required for appeals initiated by the Planning Commission or Abe City
Council. or any individual members thereon.
When an appeal has been filed, accompanied by required fees, the Planning Director will prepare a report
on the matter and schedule determine a hearing date for the appeal for consideration by the appropriate
body within thirty (30) days of receipt of the appeal. The hearing body may affirm, affirm in part, or
reverse the action, decision or determination which is the subject of the appeal, based upon findings of
fact regarding the particular case. Such findings shall identify the reasons for the action on the appeal, and
verify the compliance or noncompliance of the subject of the appeal with the provisions of this title.
Appeals relating to matters which are resolvable through adjustment, variance or amendment of this title
shall be processed according to the procedures of Sections 9-1.112, 9-1.113, 9-1.114 and 9-1.115,
respectively.
(a) Planning Department Actions. Determinations on the meaning or applicability of the provisions
of this title which are believed to be in error, and cannot be resolved with staff, and any decision of the
Planning Department to approve or deny an application may be appealed to the Planning Commission.
The Planning Department shall provide the Planning Commission and City Council with notification of
its actions. Appeals, accompanied by required fees, shall be filed with the Secretary of the Planning
Commission within fourteen (14) days after the decision of the Planning Department. The appeal will be
decided by the Planning Commission following a public hearing conducted in accordance with Section 9-
1.110.
(b) Planning Commission Decisions. Any decision of the Planning Commission may be appealed
to the City Council by filing a letter of appeal accompanies _ -,quire d fees with the City Clerk within
fourteen (14) days of the action of the Planning Commission. The Planning Department shall provide the
City Council with notification of Planning Commission actions. Appeals will be decided by the City
Council following a public hearing conducted pursuant to Section 9-1.110.
9-3.230 Agriculture and residential district allowable land uses.
Table 3-1 identifies the uses of land allowed this Zoning Code in each agriculture and residential
district, and the planning permit required to establish each use, in compliance with Section 9-1 and
Section 9-2 of this code. Where the last column in the tables ("Specific Use Regulations") includes a
section number, the regulations in the referenced section apply to the use. Provisions in other sections of
this article may also apply.
Table 3-1— Agriculture and Residential Land Uses
Allowed Land Uses and Permit Requirements
A Allowed Use, Zoning Clearance Required
AUP Administrative Use Permit
Agriculture/Residential
CUP Conditional Use Permit Required
Zones
❑ Not Permitted
Permitted Uses By Zone
Special Use
A
RS
RSF
LSF
RMF
Regulation(s)
Natural Resources and Processing
Resource Extraction
CUP
CUP
9-6.147— 9.6-
161
Residential Uses
Multifamily Housing
A
9-3.175
Manufactured Home/Mobile
A
A
A
A
A
9-6.143
Home
Agriculture/Residential
Zones
A Allowed Use, Zoning Clearance Required
AUP Administrative Use Permit
CUP Conditional Use Permit Required
❑ Not Permitted
Permitted Uses By Zone
Special Use
Regulation(s)
A
RS
RSF
LSF
RMF
Mobile Home Parks
CUP
CUP
CUP
CUP
9-6.142,9-
6.143
Organizational Houses
CUP
CUP
CUP
CUP
9-3.175
Residential Accessory Uses
A
A
A
A
9-6.106
Single -Family Dwelling
A
A
A
A
9-6.143,9-
6.184
Secondary Residential Units
A
A
A
9.5
Temporary Dwelling
A
A
A
A
9-6.175
Recreation, Education, and Public Assembly
Churches and Related
Activities
CUP
CUP
CUP
CUP
9-6.121
Parks and Playgrounds
AUP
AUP
AUP
AUP
Schools
CUP
CUP
CUP
CUP
9-6.125
Schools — Business and
Vocational
CUP
CUP
CUP
CUP
9-6.125
Temporary Events
A
A
A
A
A
9-6.177
Tourism, Lodging, and Dining
Bed and Breakfast
CUP
CUP
CUP
CUP
Services -Professional
Day Care — Small Family
Day Care Home
A
A
A
A
9-6.125
Day Care — Large Family
Day Care�C'';'a r�+or
�A
�A
�A
fit,
9-6.125
Child Care Center
CUP
CUP
CUP
CUP
9-6 1,
Kennels
CUP
CUP
9-6.111
Zoning Districts Abbreviations
A — Agriculture
LSF — Limited Single -Family Residential
RS — Residential Suburban RMF — Residential Multifamily
RSF — Residential Single -Family Residential
9-3.330 Non-residential district allowable land uses.
A Allowed Use, Zoning Clearance Required
AUP Administrative Use Permit
Agriculture/Residential
CUP Conditional Use Permit Required
Zones
❑ Not Permitted
Permitted Uses By Zone
Special Use
A
RS
RSF
LSF
RMF
Regulation(s)
Medical Extended Care
A
A
A
CUP
9-6.134
Services, 6 Clients or Less
Medical Extended Care
CUP
CUP
CUP
CUP
9-6.134
Services, 7 Clients or More
Residential Care, 6 Clients or
A
A
A
A
9-6.135
Less
Residential Care, 7 Clients or
CUP
CUP
CUP
CUP
9-6.135
More
RCFE — Assisted Living, 6
A
A
A
A
9-6.135
Clients or Less
RCFE — Assisted Living, 7
CUP
CUP
CUP
CUP
9-6.135
Clients or More
RCFE — Independent Living
CUP
Center/Senior Apartments
RCFE — Retirement Hotel
CUP
Transportation, Infrastructure and Communication
Pipelines Utility
CUP
CUP
CUP
CUP
CUP
Infrastructure
Utility Transmission
A
A
A
A
A
Facilities
Wireless Communication
CUP
CUP
CUP
CUP
CUP
Facilities
Zoning Districts Abbreviations
A — Agriculture
LSF — Limited Single -Family Residential
RS — Residential Suburban RMF — Residential Multifamily
RSF — Residential Single -Family Residential
9-3.330 Non-residential 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 — Non-residential Use Table
Allowed Land Uses and Permit Requirements
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Nonresidential
Zones
❑ Not Permitted
Permitted Uses By Zones
Special
CN
CP
CR
CS
CT
CPK
DC
DO
IP
I
Regulation(s)
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'
CUP
A
CUP
9-6.110
Artisan Foods and
A
A
A
A5
A
A
Products
ATM
A
A
A
A
A
A
A
A
A
A
Auto Dealers (New
and Used) and
CUP
CUP
CUP
CUP
CUP
9-6.163
Supplies
Auto Repair and
Services
CUP
A
A
CUP
A
A
9-6.168
Bar/Tavern
CUP
CUP
CUP
A
Bed and Breakfast
CUP
CUP
CUP
CUP
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Nonresidential
Zones
J Not Permitted
Permitted Uses By Zones
Special
CN
CP
CR
CS
CT
CPK
DC
DO
IF
I
Regulation(s)
Brewery —
CUP
CUP
A
A
Production
Broadcast Studios
A
A
Building Materials
and Hardware w/
outdoor sales or
CUP
CUP
CUP
CUP
CUP
CUP
9-6.165
storage area 10,000
sf or greater
Building Materials
and Hardware w/
outdoor sales or
A
A
A
A
A
A
9-6.165
storage area less
than 10,000 sf
Business Support
A
A
A
A
A
A
A
A
Services
Caretaker's
Residence/
CUP
CUP
CUP
Employee Unit
Childcare Center
A
A
A
CUP
9-6.125
Churches and
Related Activities
CUP
CUP
9-6.121
Collection Stations
A4
A4
A4
A4
A4
A4
A4
A4
9-6.130
Contract
Construction
A
A
A
A
Services (Indoor)
Contract
Construction
CUP
CUP
CUP
Services (Outdoor)
Data and Computer
Services Center
AUP
AUP
CUP
A
A
Day Care
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Nonresidential
Zones
❑ Not Permitted
Permitted Uses By Zones
Special
CN
CP
CR
CS
CT
CPK
DC
DO
IP
I
Regulation(s)
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
CUP
CUP
CUP
CUP
CUP
sales area 10,000 sf
or greater
Farm Equipment
and Supplies w/
outdoor storage or
A
A
A
A
A
sales area less than
10,000 sf
Farmers' Market
CUP
CUP
CUP
CUP
CUP
A
A
Financial Services
and Banks
A
A
A
A
A
A
CUP
A
Fuel Dealer
A4
CUP
A4
A4
9-6.129
General Retail
A4
A4
A4
A4
A4
A4
A4
General Retail
Greater than 50,000
CUP
CUP
CUP
CUP
CUP
CUP
CUP
sf
Government
Offices and
A
A
A
A
A
A
CUPS
A
A
A
Facilities
Health Care
A
A
A
CUP
A
CUPS
A
Services
Horticultural
Specialties w/
outdoor storage or
CUP
CUP
CUP
CUP
CUP
CUP
CUP
9-6.116
sales area 10,000 sf
or greater
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Nonresidential
Zones
= Not Permitted
Permitted Uses By Zones
Special
CN
CP
CR
CS
CT
CPK
DC
DO
IP
I
Regulation(s)
Horticultural
Specialties w/
outdoor sales or
A
A
A
A
A
9-6.116
storage area less
than 10,000 sf
Hotels, Motels
CUP
A
A
A
CUP
Indoor Recreation
Services
CUP
CUP
CUP
A
A
CUP
CUP
CUP
Kennels
CUP
A
9-6.111
Large Family Day
CUP,
CUP,
9-6.125
Care
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
A'
Manufacturing and
Processing — High
CUP
CUP
AUP
AUP
Intensity4
Manufacturing and
Processing — Low
CUP
CUP
A
A
A
A
Intensity
Medical Extended
Care Services: 6
CUP
CUP
CUP
CUP
CUP
CUP
9-6.134
Residents or Less
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Nonresidential
Zones
-1 Not Permitted
Permitted Uses By Zones
Special
CN
CP
CR
CS
CT
CPK
DC
DO
IP
I
Regulation(s)
Medical Extended
Care Services: 7
CUP
9-6.134
Residents or More
Medical Research
CUP
A
A
CUP
A
A
Membership
A
A
CUP
CUP
Organizations
Microbrewery —
A
CUP
A
A
A
A
A
A
A
A
Brewpub
Mini -Storage
CUP
CUP
A
A
Mobile Eating and
Drinking Vendors6
A
A
A
A
A
A
A
A
Mixed -Use
CUPI
CUPI
CUPI
CUP'
A'
A'
Development
Mortuary Services
A
A
A
A
Multifamily
CUPI
CUP2
CUP2
CUP2
A'
A'
Dwelling
Offices
A
A
A
A
A
A
CUPS
A
Outdoor Recreation
Services
CUP
CUP
A
AUP
9-6.123
Parking Lots
AUP
AUP
AUP
AUP
AUP
AUP
AUP
AUP
AUP
AUP
Parks and
A
A
Playgrounds
Personal Service
Restricted
A
CUP
CUP
Personal Services
A
A
A
A
A
CUP
A
Printing and
CUP
CUP
A4
A4
A4
Publishing
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Nonresidential
Zones
❑ Not Permitted
Permitted Uses By Zones
Special
CN
CP
CR
CS
CT
CPK
DC
DO
IP
I
Regulation(s)
Public Assembly
and Entertainment
CUP
CUP
A
CUP
CUP
RCFE — Assisted
Living
CUP
9-6.135
RCFE —
Independent
CUP
CUP
CUP
9-6.135
Living/Senior
Apartments
RCFE — Retirement
Hotel
CUP
CUP
CUP
9-6.135
Recreational
Vehicle Parks
A
9-6.180
Recycling and
CUP
CUP
9-6.131
Scrap
Recycling Centers
CUP
CUP
9-6.132
Research and
CUP
A
A
CUP
A
A
A
Development
Residential Care: 6
AZ
AZ
9-6.135
Residents or Less
Retail Sales —
Restricted
A
CUP
CUP
Sales Lots
CUP
CUP
CUP
CUP
9-6.139
Schools
A
A
A
CUP
CUP
9-6.125
Schools — Business
and Vocational
A
A
A
A
CUP
CUP
CUP
CUP
9-6.125
Service Stations
CUP
CUP
CUP
CUP
9-6.164
Single -Family
AlAl
A
Dwelling
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Nonresidential
Zones
❑ Not Permitted
Permitted Uses By Zones
Special
CN
CP
CR
CS
CT
CPK
DC
DO
IP
I
Regulation(s)
Single -Room
CUP
9-6.184
Occupancy Units
Small Family Day
A8
A8
As
A8
A8
Care
Social and Service
Organizations
A
A
A
Sports Assembly
CUP
CUP
A
Storage, Recycling
and Dismantling of
Vehicles and
CUP
9-6.131
Material
Tasting Room
A
CUP
A
A
A
A
A
A
A
A
Telecommunication
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Facility
Temporary Events
A/
CUP
A/
A/
A/
A/
A/
A/
A
A
9-6.177
CUPS
CUPS
CUPS
CUP3
CUPS
CUPS
CUPS
Temporary Offices
A
A
A
9-6.176
Temporary or
A
A
A
A
A
A
A
A
A
9-6.174
Seasonal Sales
Transit Stations
CUP
CUP
A
CUP
CUP
CUP
CUP
CUP
Towing Servicesi0
C Vt'
A10
A10
9-6.167
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
A
CUP
A4
A4
9-6.183
(Indoor)4
Notes: (These notes apply only to Table 3-2).
1 Residential uses allowed only on second and third floors. If a project is required to comply with the
Americans with Disabilities Act and does not have an elevator, one accessible unit may be located
on the ground floor in conjunction with commercial space and shall not exceed the greater of:
500 sf; or
10% of the size of the ground floor commercial space not to exceed 1,000 sf.
2 Multifamily dwellings permitted when located on the second floor or above, or within an existing
residential structure of historical significance.
3 Temporary events requiring more than 3 days for onsite setup and teardown require the approval of
a conditional use permit (Section 9-2.110).
4 Outdoor commercial and industrial sales and storage developments (as defined by Section 9-9.102)
of 10,000 square feet or more require the approval of a conditional use permit (Section 9-2.110),
even if such a development is listed as an allowable use in a particular zoning district.
5 Handcrafted and artisan food production shall be ancillary to the retail component.
6 Mobile food vending permitted on private property with owner's permission and City review of
parking and access on-site. Mobile food trucks used as part of an event may be permitted in the
right-of-way with the issuance of an Event Permit.
7 When no overnight stays of animals are included.
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Nonresidential
Zones
❑ Not Permitted
Permitted Uses By Zones
Special
CN
CP
CR
CS
CT
CPK
DC
DO
IP
I
Regulation(s)
Vehicle and
Equipment Storage
CUP 4
CUP4
CUP4
9-6.183
(Outdoor)'
Vehicle and Freight
CUP
CUP
CUP
Terminals
Warehousing
CUP
CUP
A
A
Wholesaling and
Distribution
AUP
AUP
A4
A4
A4
A4
Center4
Winery — Boutique
A4
A4
A4
A4
A4
A4
A4
Winery
CUP
CUP
A4
A4
Production
Notes: (These notes apply only to Table 3-2).
1 Residential uses allowed only on second and third floors. If a project is required to comply with the
Americans with Disabilities Act and does not have an elevator, one accessible unit may be located
on the ground floor in conjunction with commercial space and shall not exceed the greater of:
500 sf; or
10% of the size of the ground floor commercial space not to exceed 1,000 sf.
2 Multifamily dwellings permitted when located on the second floor or above, or within an existing
residential structure of historical significance.
3 Temporary events requiring more than 3 days for onsite setup and teardown require the approval of
a conditional use permit (Section 9-2.110).
4 Outdoor commercial and industrial sales and storage developments (as defined by Section 9-9.102)
of 10,000 square feet or more require the approval of a conditional use permit (Section 9-2.110),
even if such a development is listed as an allowable use in a particular zoning district.
5 Handcrafted and artisan food production shall be ancillary to the retail component.
6 Mobile food vending permitted on private property with owner's permission and City review of
parking and access on-site. Mobile food trucks used as part of an event may be permitted in the
right-of-way with the issuance of an Event Permit.
7 When no overnight stays of animals are included.
8 Permitted when in association with conforming and legal nonconforming residences.
9 Allowed on ground floor south of Atascadero Creek. Conditional use permit required on ground
floor on Palma, East Mall, West Mall Entrada, Traffic Way and on El Camino Real north of
Atascadero Creek as designated in Figure 3-1, subject to all of the following findings:
a. The location and setting of the existing building is not ideal for pedestrian uses such as
restaurants, retail or related uses.
b. The existing building and site improvements are designed exclusively for office uses and
could not accommodate other uses.
C. The proposed new office use will be a significant contribution to economic development by
providing new jobs, pedestrian traffic, and active uses in the downtown.
d. The proposed new office will meet parking, accessibility, and property development standards
and will not result in new parking along Atascadero Creek, East Mall or West Mall.
e. The proposed new office building will provide a storefront and other architectural features
that complement the pedestrian scale and retail environment desired within the downtown.
10 Outdoor storage of towing related vehicles, towed vehicles, or accessory storage (other than an
approved parking lot for employees or fleet vehicles) over eight thousand (8,000) square feet
shall require 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.
Zoning District Abbreviations
CN — Commercial Neighborhood
CP — Commercial Professional
CR — Commercial Retail
CS — Commercial Service
CT — Commercial Tourist
CPK — Commercial Park
DC — Downtown Commercial
DO — Downtown Office
IP — Industrial Park
I — Industrial
Figure 3-1
9-3.347 DODO Zone.
The following are property development standards for both the DC and DO zoning districts,
in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this
title.
Requirement by Zoning District
DC
DO
Development Feature
Downtown Commercial
Downtown Office
Minimum lot size
No minimum
Setbacks
Minimum and maximum setbacks required. See Section 9-4.103 for setback
requirement, allowed projections into setbacks, and exceptions to setbacks.
Front
None allowed, except for building insets
As required by Section 9-4.106
designed to accommodate outdoor eating
when adjacent to a residential
and seating areas, and except for East Mall
zone, none required otherwise.
between El Camino Real and Palma
Avenue, where a minimum of 20 feet is
required.
Sides (each)
None required
Rear
None required
Creek
To be determined through Design Review
Height limit
45 feet not to exceed 3 stories; 18 feet on
35 feet
the west side of El Camino Real between
Atascadero Creek and the lot line common
to Lots 19 and 20, Block H -B, Atascadero
Colony Map.
Landscaping
As required by Section 9-4.124 et seq. (Landscaping, screening and fencing)
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
does not include garages, workshops, or other similar residential accessory structures for nonagricultural
uses.
Requirement by Zoning District
DC
DO
Development Feature
Downtown Commercial
Downtown Office
Minimum lot size
No minimum
Off-street parking
None required, except as required by
As required by Section 9-4.114 et
Section 9-4.114 for hotels, motels,
seq.
residential uses, offices, government offices
and facilities, and health care services, and
for all development east of Atascadero
Creek.
Signs
See Chapter 9-15
Density
20 24 dwelling units/acre maximum N 24 dwelling units/acre
maximum
Fire backflow devices
(a) Fire Backflow Devices. Fire backflow devices are required to be integrated
into the site or building design, are prohibited in any public right-of-way, and
must also be accessible to Fire Department and Water Company personnel at all
times.
(b) Fire Connection Devices. Fire department connections shall be installed in
accordance with the NFPA standard applicable to the system design and shall
comply with Sections 912.2 through 912.7 of the California Fire Code.
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
does not include garages, workshops, or other similar residential accessory structures for nonagricultural
uses.
Agricultural Produce Stands. Open structures for the retail sale of agricultural products (except
hay, grain and feed sales which are included under "farm equipment and supplies") which are grown on
the site in residential or agriculture zones. This does not include farmers' markets or "seasonal sales"
located in nonresidential zoning districts, defined under "temporary sales."
Agriculture Employee Housing. Includes single-family dwellings, or other lodging
accommodations provided as a part of farming operations, as regulated under the California Health and
Safety Code, employees on land owned by the owner of the building site on which the lodging is located.
Amusement Services. Establishments providing indoor amusement, entertainment, or personal
enrichment services on payment of a fee or admission charge, such as: arcades and coin-operated
amusements; dance halls, and ballrooms which are principal uses rather than being subordinate to an
eating or drinking place; health and exercise facilities including yoga, dance, martial arts and similar
small studios that do not include courts or similar facilities; and music and arts and crafts instruction.
Athletic facilities with basketball, racquetball or similar indoor participation sports are classified as
"indoor recreation services." Card rooms, billiard and pool halls as a primary use are classified as
"Personal services—restricted."
Animal Hospitals. Establishments primarily engaged in performing services for animals, including
veterinary services and animal hospitals. Does not include kennels, which are listed as a separate
category.
Artisan Foods and Products. An establishment that specializes in artisan food production, art glass,
ceramics, jewelry, paintings, sculpture, and other handcrafted items, where the facility includes a retail
component.
Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments selling new
and used automobiles, including, but not limited to, light trucks (US DOT Class 1, 2, and 3), boats (FBSA
Class A and Class 1 boats (under twenty-six (26) feet in length)), recreational vehicles, recreational/utility
trailers, motorcycles and mopeds. Also includes establishments selling new parts and accessories within a
building for the above. Does not include establishments dealing exclusively in used parts. Includes
automobile repair shops only when maintained by establishment engaged in the sale of vehicles on the
same site. Does not include "service stations," which are separately defined.
Auto Repair and Services. Service establishments primarily engaged in the repair, alteration,
painting, washing or waxing of automobiles, and lube services. May also include rental of cars, trucks or
trailers; leasing of cars and trucks. Does not include repair shops which are subordinate to and maintained
by a vehicle dealership.
Automated Teller Machine (ATM). Computerized, self-service machines used by banking
customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-
face contact with financial institutions personnel. The machines may be located at or within banks, or in
other locations.
B. Definitions `B"
Bar/Tavern. Establishments where alcoholic beverages are sold for on-site consumption, which is
not part of a larger restaurant. Includes bars, taverns, pubs, night clubs, and similar establishments where
any food service is subordinate to the sale of alcoholic beverages. Does not include adult entertainment
businesses or uses defined under microbreweries or tasting rooms.
Bed and Breakfast. Transient lodging establishments primarily engaged in providing overnight or
otherwise temporary lodging for the general public. Such establishments provide limited meal service,
generally breakfast, for lodgers.
Brewery—Production. An establishment which produces ales, beers, meads, hard ciders, and/or
similar beverages on site. Production breweries are classified as a use which requires a Class 01 type
licensure from Alcohol Beverage Control (ABC). Breweries may also serve beverages on site, and sell
beverages for off-site consumption in keeping with the regulations of the Alcohol Beverage Control
(ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF).
Broadcasting Studios. Commercial and public communications uses including radio, television
broadcasting and receiving stations and studios with facilities entirely within buildings. Does not include
antennas and towers, which are defined under "telecommunications facilities."
Building Materials and Hardware. Retail trade establishments primarily engaged in the sale of
lumber and other building materials, including paint, wallpaper, glass, hardware, nursery stock, lawn and
garden supplies. Includes all such stores selling to the general public, even if sales to contractors account
for a larger proportion of total sales. Establishments primarily selling plumbing, heating, and air
conditioning equipment and electrical supplies are classified in "wholesaling and distribution centers."
Business Support Services. An establishment or business located entirely within a building that is
open to customer visitation and with limited or no storage, which provides services to other 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;
C. Definitions "C"
Caretaker Residence/Employee Unit. A permanent residence that is secondary or accessory to the
primary use of the property, and used for housing a caretaker employed on the site of any nonresidential
use where a caretaker is needed for security purposes or to provide twenty-four (24) hour care or
monitoring of plants, animals, equipment, or other conditions on the site. Does not include housing for
caretaker -type employees in the Agriculture Zone which is defined as "agriculture employee housing."
Cemeteries. Interment establishments engaged in subdividing property into cemetery lots and
offering burial plots or air space for sale. Includes animal cemeteries and cemetery, mausoleum and
columbarium operations. Excludes funeral parlor and related facilities which are listed under "mortuary
services."
Churches and Related Activities. Religious organization facilities operated for worship or for
promotion of religious activities, including churches and religious Sunday -type schools. Other
establishments maintained by religious organizations, such as educational institutions, hospitals and other
operations that may be considered commercial in nature if not run by the religious organization (such as a
recreational camp) are classified according to their respective activities.
Collection Stations. Facilities for the temporary accumulation and storage of recyclable discarded
materials, which are subsequently transported to recycling centers or solid waste disposal sites for further
processing. Does not include automobile wrecking yards or any recycling processing facilities, which are
listed under "recycling and scrap." Does not include temporary storage of toxic, mutagenic or radioactive
waste materials.
Common Interest Development. A 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 car_ a uses include the
following:
• Child Care Center. Child day care facilities designed and approved to accommodate fifteen
(15) or more children. Includes infant centers, nursery schools, preschools, sick -child centers, and school-
age day care facilities. These may be operated in conjunction with a school or church facility, or as an
independent land use.
• Large Family Day Care Home. As provided by Health and Safety Code Section 1596.78 or
successor provision, a home that regularly provides care, protection, and supervision for seven (7) to
twelve fourteen (14children, including up to twe (2) children under the age often (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 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."
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;
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;
• Metal fabrication and welding shops engaged in the production and/or assembly of metal, and
other similar metal shops;
• Manufacturing that cuts, shapes, and/or finishes building materials used in home or
nonresidential construction;
Chemical product manufacturing that produces or uses basic chemicals and other
establishments creating products predominantly by chemical processes;
Product manufacturing that produces bulk concrete, asphalt, and other paving materials;
• Paving and roof materials manufacturing of various common paving and petroleum-based
roofing materials including bulk asphalt, paving blocks made of asphalt, creosote wood, and various
compositions of asphalt and tar;
Plastics, other synthetics and rubber manufacturing;
Primary metal industries engaged in smelting, refining of ferrous and nonferrous metals;
Other similar heavy intensive uses.
Manufacturing, Repair, and Processing—Low Intensity. A facility or business that engages in the
assembly, fabrication, and conversion of already processed raw materials into products, where the
operational characteristics of the manufacturing process and the materials used are unlikely to cause
significant impacts to the existing surrounding neighborhood or businesses in a indoor setting. Examples
of manufacturing and processing uses that are considered low intensity include the following, but are not
limited to:
• Artisan manufacturing and production where no retail component exists;
• Production, assembly, and/or repair where no raw materials are manufactured;
• Production and assembly of precision electronics and scientific instruments, including on-site
offices;
• Producing or processing of foods and beverages for human consumption where no retail
component exists and does not include noxious odors or excessive noise and no slaughter occurs on site;
Repair and service of small consumer products;
• Small scale manufacturing where assembling and/or manufacturing is completed by hand or
precision tools;
• Small product manufacturing not classified in another major manufacturing group.
Medical Extended Care Services. Residential facilities providing nursing and health-related care as
a primary use with in-patient beds. Examples of these uses include: board and care homes; convalescent
and rest homes; extended care facilities; and skilled nursing facilities. Long-term personal care facilities
that do not emphasize medical treatment are included under "residential care."
Medical Research. Establishment related to medical and/or dental research, testing and analysis,
including, but not limited to, trial and clinical research. Biomedical and pharmaceutical research and
development facilities are not included in this definition. Medical research does not include the storage or
use of quantities of hazardous materials nor any toxic gas. Additionally, medical research may include
storage and use of etiological (biological) agents up to and including Risk Group 2 or Bio Safety Level 2
(Center for Disease Control). Typically uses are a part of a campus -like setting such as a business park or
stand-alone building.
Membership Organizations. Organizations operating on a membership basis for the promotion of
the interests of the members, including: business associations; professional membership organizations;
labor unions and similar labor organizations; civic, social and fraternal organizations (not lodging);
political organizations and other membership organizations.
Micro-BreweryBrewpub. 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
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; co -working spaces, incubator -type services that provide office -type working spaces
for a fee, and counseling services provided by individuals other than licensed psychiatrists, which are
included under "health care services."
Organization Houses. Residential lodging houses operated by membership organizations for the
benefit of their constituents and not open to the general public. Also includes fraternity and sorority
residential houses and religious residential retreats.
Outdoor Recreation Services. Facilities for various outdoor sports and recreation, including:
amusement and kiddie parks; golf courses, golf driving ranges and miniature golf courses; skateboard
parks; go-cart and miniature auto race tracks; tennis courts, swim and tennis clubs and facilities; play lots,
playgrounds and athletic fields; recreation and community centers.
P. Definitions "P"
Parking Lot. An open area, excluding a street or other public right-of-way, for the exclusive use of
parking as a primary use for automobiles and available to either the public or patrons of adjacent
buildings or structures. Parking lots can either be free for use, or may charge a fee for compensation.
Long-term parking and storage of inoperable vehicles is classified in "vehicle and equipment storage."
Parks and Playgrounds. A public outdoor recreational facility that may provide a variety of
recreational activities including playground equipment, open space areas for passive recreation including
hiking and biking trails, zoos, picnicking, and sport and active recreation facilities dedicated for use to the
public.
Personal Cannabis Cultivation. As defined by Chapter 9-17.
Personal Services. Service establishments primarily engaged in providing nonmedical services as a
primary use and may include accessory retail sales of products related to the services provided. These
uses include the following: beauty shops (includes permanent makeup when less than ten percent (10%)
of overall sales), barber shops, day spas and massage therapy where each massage therapist is
certified/licensed by a State -recognized organization, shoe repair shops, dry cleaning pickup stores,
clothing rental, tailors, tanning salons, pet grooming services, nail salons, and other similar uses.
Personal Services—Restricted. SeB, ee establishments that m hm,e a blighting cmd
detefiafa�ing egaet upen the stiffetinding area whieh may need to be dispefsed in or -def to minifnize their
ad -verse imp Service establishments providing the following uses: Examples of these uses ifieltide, btA are
'ifnite' to, the f flowing: 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; and tattoo and body piercing
services; and hot pubs and saunas tha are of an aeeessefy to , o,.mi fte ,
Printing and Publishing. An establishment engaged in printing letter press, lithography gravure,
screen offset or electrostatic copying and other establishments serving the printing trade such as
bookbinding, typesetting, engraving, photoengraving, and electrotyping. The use also includes
establishments that publish newspapers, books, and periodicals; establishments manufacturing business
forms and binding devices. "Quick printing" services are included in the definition "business support
services."
Public Assembly and Entertainment. Facilities for public assembly and group entertainment such
as: public and semi-public auditoriums; exhibition and convention halls; civic theaters and meeting halls;
motion picture theaters; legitimate theater facilities for live theatrical presentations or concerts by bands
and orchestras; amphitheaters; meeting halls for rent and similar public assembly uses.
Q. Definitions "Q"
R. Definitions "R"
Recreational Vehicle Parks. Transient lodging establishments primarily engaged in renting, leasing
or otherwise providing overnight or short-term sites for trailers, campers, or tents, with or without
individual utility hookups, but with other facilities such as public restrooms. Does not include incidental
camping areas, which are included under "rural sports and group facilities."
Recycling and Scrap. Establishments primarily engaged in assembling, breaking up, sorting,
temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto
wreckers engaged in dismantling automobiles for scrap. Does not include waste disposal sites, which are
separately defined. Does not include temporary storage of toxic or radioactive waste materials.
Recycling Centers. An establishment, which is larger than a "collection station," that serves as a
community -wide center for the collection and/or processing of recyclable materials such as glass, paper,
plastic, aluminum and metal cans.
Research and Development. Research and development offices, devoted to scientific and
engineering research and the design, development and testing of new technology and products; usually
includes laboratory space or small-scale manufacturing operations.
Residential Accessory Uses. Includes any use that is customarily part of a residence and is clearly
incidental and secondary to a residence and does not change the character of the residential use.
Residential accessory uses include the storage of vehicles and other personal property and accessory
structures including garages, studios and workshops.
Residential Care. A single-family or multiple -family dwelling unit that is licensed or supervised by
a Federal, State, or local health/welfare agency that provides nonmedical care of unrelated persons who
are in need of personal service, supervision, or assistance essential for sustaining activities of daily living
or for the protection of the individual. Use includes the following: children's homes; halfway houses;
rehabilitation centers; self-help group homes.
Residential Care Facility for the Elderly (RCFE). A housing arrangement chosen voluntarily by
the residents or the residents' guardians, conservators or other responsible person(s) where the following
occurs: where seventy-five percent (75%) of the residents are at least sixty-two (62) years of age, or, if
younger, have needs compatible with other residents; and where varying levels of care and supervision
are provided, as agreed to at the time of admission or as determined necessary. RCFE uses may include
basic services and community space. RCFE uses include the following:
• Assisted Living Facility. A residential building or buildings that also provide housing,
personal and health care, as permitted by the Department of Social Services, designed to respond to the
daily, individual needs of the residents. Assisted living facilities may include kitchenettes (small
refrigerator, sink and/or microwave oven) within individual rooms. Assisted living facilities are required
to be licensed by the California Department of Social Services, and do not include medical extended care
services.
• Independent Living Center/Senior Apartment. Independent living centers and senior
apartments are multifamily residential projects reserved for senior citizens, where common facilities may
be provided (for example, recreation areas), but where each dwelling unit has individual living, sleeping,
bathing, and kitchen facilities.
• Retirement Hotel. Establishments primarily engaged in providing lodging facilities limited to
the aged where no medical care is provided. Such establishments may provide housekeeping and meals to
the residents.
Resource Extraction. Uses primarily engaged in resource extraction, including, but not limited to,
mining, developing mines or exploring for metallic minerals (ores), coal and nonmetallic minerals, or
surface mines extracting crushed and broken stone, dimension stone or sand and gravel.
Retail Sales—Restricted. Stores and shops selling products that may have a blighting and/or
deteriorating effect upon the surrounding area and may need to be dispersed in order to minimize their
adverse impact. Examples of these uses include, but are not limited to, the following: selling smoking,
tobacco and vaping products as a primary use; and pawn shops, in which the business of pawn brokering,
or the business of lending money upon personal property, pawns or pledges is done.
Rural Sports and Group Facilities. Establishments supporting special group activities such as:
archery, pistol, rifle, and skeet clubs and facilities; dude ranches; health resorts including outdoor hot
spring, spa or hot tub facilities; hunting and fishing clubs; recreational camps; group or organized camps;
incidental, seasonal camping areas without facilities; equestrian facilities, including riding academies,
schools, stables and exhibition facilities.
S. Definitions "S"
Sales Lots. Sales lots consist of any outdoor sales area for permanent display of motorized farm
equipment, boats (FBSA Class 3 and 4 boats (over twenty-six (26) feet in length)), heavy commercial
trucks (US DOT Class 4 through 8), mobile homes, construction equipment, or other heavy equipment;
outdoor equipment rental yards.
Schools. An institution or establishment that provides a program of instruction and teaching services.
Includes: preschools, elementary and secondary schools serving grades K through 12 (or portions
thereof); junior colleges, colleges and universities; and similar education institutions. Does not include
Sunday schools which are permitted under "churches and related facilities."
Schools—Business and Vocational. Business and secretarial schools; vocational schools offering
specialized trade and commercial courses; specialized nondegree granting schools, such as: music
schools; dramatic schools; language schools; driver education schools; ballet and other dance studios; and
establishments furnishing educational courses by mail.
Secondary Residential Unit. Second residential units are defined as residential occupancy
constructions (R) with a kitchen and full bathroom that is accessory to the primary unit and intended for
permanent occupancy by a second housekeeping unit.
Service Stations. Retail trade establishments primarily engaged in the sale of gasoline, which may
also provide lubrication, oil change and tune-up services incidental to gasoline sales. May also inel a�
Does not include a towing service btA does not inel de or storage of wrecked or abandoned vehicles.
Does not include uses defined as auto repair and service, or vehicle equipment storage.
Single -Family Dwelling. An attached or detached building not to contain more than one (1) kitchen
wherein the occupants of the dwelling unit are living and functioning together as a single housekeeping
unit, meaning that they have established ties and familiarity with each other, jointly use common areas,
interact with each other, membership in the single housekeeping unit is fairly stable as opposed to
transient, and members have some control over who becomes a member of the single housekeeping unit.
Also includes factory -built, manufactured housing units and mobile homes constructed in compliance
with Title 25 of the California Health and Safety Code, or successor provision as defined in Section 9-
9.102 of the Zoning Ordinance; transitional housing and supportive housing serving six (6) or fewer
persons as defined in Section 9-9.102 of the Zoning Ordinance.
Single Room Occupancy Unit (SRO). A structure that provides separate, single room, residential
living units with no on -premises residential medical care. Units within the structure may have individual
bathroom facilities, shared bath or toilet facilities for the residents, or any combination thereof. SRO may
include structures commonly called rooming houses or boarding houses. SRO facilities shall not be age
restricted. Age restricted SRO facilities shall be considered a residential care facility for the elderly
(RCFE).
Small Scale Ag Processing. The small scale processing of agriculture products grown or produced
on site, bottling, canning, or storage of agriculture products grown and processed on site, where the
processing or storage shall not exceed one thousand (1,000) square feet (sf) in total use areas. This does
not include tasting rooms.
Social and Service Organizations. Public or quasi -public establishments providing social services
and rehabilitation services to such as counseling centers, welfare offices, job counseling and training
centers, or vocational rehabilitation agencies, persons with social or personal problems requiring special
services and to the handicapped and the disadvantaged. Also included are organizations soliciting funds to
be used directly for these related services. Also includes establishments engaged in community
improvement and neighborhood development. Does not include child day care services which are
classified under "schools."
Sports Assembly. Facilities for spectator -oriented specialized group sports assembly that includes:
stadiums and coliseums; arenas and field houses; race tracks (auto and animals); motorcycle racing and
drag strips; and other sports that are considered commercial.
Storage, Recycling and Dismantling of Vehicles and Material. Establishments primarily engaged
in the storage, assembling, dismantling, sorting, and distribution of materials, equipment and vehicles.
This use may be located either outdoors or indoors and includes, but is not limited to, auto wrecking
yards, vehicle storage areas, vehicle impound lots, recyclable/waste material storage and transfer
facilities. This does not include waste disposal sites; which are separately defined, or temporary storage of
toxic or radioactive waste materials.
T. Definitions "T"
Tasting Room. Establishment that allows for beer, wine, or spirit tasting on site with off-site sales
directly to the public. Tasting rooms must meet the requirements of the Alcoholic Beverage Control
(ABC) license type (Type 02, Type 23, Type 40, Type 42 or Type 74 license, or similar). Tasting rooms
may operate within a large scale brewing, winery, or distillery facility as an ancillary.
Telecommunication Facility. Public, commercial and private electromagnetic and photoelectrical
transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, cellular
data network, and wireless communication towers (cellular phones), including commercial earth stations
for satellite -based communications. Includes antennas, commercial satellite dish antennas, and equipment
buildings. Does not include telephone, telegraph, and cable television transmission facilities utilizing
hard -wired or direct cable connections. Does not include data processing centers.
Temporary Dwelling. Includes the temporary use of a 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,
but are not limited to: art shows; rodeos; relig"...s -evi ..,' ; tent ,.,,m ; outdoor festivals, concerts.
Does not include the temporary staging of food trucks or outdoor sales associated with existing, permitted
businesses, where circulation and access is not impacted.
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.
Towing Services. An establishment that provides vehicle towing services and accessory temporary
outdoor storage for the vehicles it tows, which shall only include: (1) mechanicallyoperable/drivable,
licensed vehicles that are to be claimed by titleholders or their agents; and/or (2) wrecked Motor
Vehicles awaiting insurance adjustments and transport to repair shops. This term excludes: Auto Repair
and Services that have a tow truck on-site, Recycling and Scrap Services, Service Stations; Impound
Yards; Storage. Recycling and Dismantling of Vehicles and Material; and Vehicle and Equipment Storage.
Transitional Housing. Buildings configured as rental housing developments, but operated under
program requirements that call for the termination of assistance and recirculation of the assisted unit to
another eligible program recipient at some predetermined future point in time, which shall be no less than
six (6) months (Health and Safety Code Section 50675.2(h)). This definition excludes housing for
halfway houses intended for occupancy by parolees or convicted persons, children's homes, halfway
houses, rehabilitation centers, and self-help group homes.
Transit Stations. Passenger stations for vehicular, bus, and rail mass transit systems; also terminal
facilities providing maintenance and service for the vehicles operated in the transit system.
U. Definitions "U"
Utility Facilities. A fixed -base structure or facility serving as a junction point for transferring
electric utility services from one (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,
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"
9-4.107 Side setbacks.
The side setback is measured at right angles to the side property line to form a setback line parallel to
the side property line, which extends between the front and rear setback areas, or primary street and
secondary street setback areas for double frontage lots. The minimum side setback is to be as follows:
(a) A, RS, RSF, LSF and RMF Zones and Residential Uses in Commercial and Industrial Zones.
All residential uses except for second story dwellings over commercial and industrial uses shall have a
minimum side setback of five (5) feet, except as follows:
(1) Aeeessai-y Stniewr-es. A side yar-d may be used for- an aeeessef�, build" than twelve
2) feet in height, previded that it is not used for- human habitation or- the kee, of animals a
either
(i) T ,,e ted n elosef: than three (3) feet t„ a pFepeft�, line
fear -(ii) Leeated on the
(iii) Established en the pfepeft�, line as a eammenwall stmetufe pufsuan�te subseetien (a)(4) e
this seetion, E)r- as a zefe lot line stfuettwe, provided tha4 all appheable UnifeFm Building Code
FeEtuirements afe satisfied f pr-epefty line wall.
(21) Common Wall Development. Any two (2) dwelling units, and/or their accessory garages, may
be constructed on adjoining lots without setbacks between them provided that:
(i) The setback has been eliminated through subdivision map or conditional use permit approval;
(ii) A common wall or parry wall agreement, deed restriction, or other enforceable restriction has
been recorded;
(iii) The side setbacks opposite the common wall property line are not less than two (2) times the
minimum width required by this section; and
(iv) Common wall construction is in compliance with the Uniform Building Code.
( ) Zero Lot Line Development. A group of dwelling units on adjoining lots may be established
so that all units abut one (1) side property line, provided that:
(i) The setback has been eliminated for an entire block through subdivision map or conditional use
permit approval;
(ii) The modified setback requirements for the block are recorded as part of a land division map,
deed restriction, or other enforceable restriction;
(iii) The side setback shall not be eliminated or reduced on the street side of a corner lot; and
(iv) Side setbacks opposite the zero setback property line are not less than twice the minimum
required by this section.
( ) Access Easements. All access easements shall have a minimum setback of five (5) feet,
measured from the edge of the easement.
(54) Additional Height for Buildings in RMF. Multifamily dwellings exceeding twenty-five (25)
feet in height shall have a ten (10) foot setback for all portions of the building over twenty-five (25) feet
in height.
(b) CN, CP, CR, CS, CT, CPK, IP, I and P Zones. No side setbacks are required. Ground floor
residential uses are subject to the setback requirements of subsection (a) of this section.
(c) L and LS Zones. A minimum five (5) foot side setback is required.
9-4.108 Rear setbacks.
The rear setback is measured at right angles to the rear property line to form a setback line parallel to
the rear property line.
(a) A, RS, RSF, LSF, and RMF Zones and Permitted Ground Floor Residential Uses in
Commercial and Industrial Zones. All residential uses except for second story dwellings over commercial
and industrial uses shall have a minimum rear setback of ten (10) feet, except as follows:
s4eet of a eefner let, may be used for an aeeessefy building ne greatef than twelve (12) feet in height an
&tir- hundfed (4 00) squafe feet E)r- leSS, ffevided the aeeessai:5, building is fiet used for- hufaan habitatien
ei: the keeping of animals, and is not elosef than three five (3 5) feet to a side of r-eaf! pr-epef:ty line of alley..
(b) CN, CP, CR, CS, CT, CPK, IP and I Zones. No rear setback is required in commercial or
industrial zones, except as follows:
(1) Adjacent to an Alley. The secondary frontage setback shall be a minimum of five (5) feet,
except where the alley provides vehicular access to the interior of the building, in which case the setback.
shall be ten (10) feet.
(2) Adjacent to Residential Use Zone. Where the rear property line abuts a residential zone or use,
no rear setback is required for buildings or portions of buildings which do not exceed twelve (12) feet in
height within ten (10) feet of the rear property line. The rear setback shall be a minimum of ten (10) feet
for buildings or portions of buildings which exceed twelve (12) feet in height.
(c) L, LS and P Zones. A minimum often (10) foot rear setback is required.
9-4.118 Required number of parking spaces.
All land uses requiring approval under this title shall provide off-street parking spaces as specified in
subsections (b) and (c) of this section:
(a) Use of Charts. The charts in subsection (c) of this section determine the number of parking
spaces required for each use of land, as follows:
(1) Uses Not Listed. For uses not specifically listed in this subsection that do not have parking
requirements set by Chapter 9-6, the same parking and loading space is required as for the most similar
use of equivalent intensity; except where a use not listed requires conditional use permit approval, in
which case the amount of parking and loading space required shall be as determined by the Planning
Commission.
(2) Parking and Loading Intensity. Parking lot and loading bay intensity describes the rate of
vehicle turnover in parking and loading areas. Turnover factors are assigned to each use by the charts in
subsection (c) of this section. High intensity areas have rapid turnover; medium intensity areas are those
where vehicles are parked from two (2) to four (4) hours; low intensity areas have minimum turnover and
few repeat users, such as long-term and employee parking lots. Loading bay intensity is used in Section 9-
4.121.
(3) Mixed Use Sites. Where a site contains more than one principal land use (such as a shopping
center), the amount of parking required shall be the total of that required for each individual use, except as
otherwise provided by Section 9-4.115.
(4) Mixed Function Buildings. Where a building occupied by a single use contains several
functions, such as sales, office and storage areas, parking shall be as required for the principal use for the
gross floor area (total area of all internal functions); except that when storage areas are larger than two
thousand (2,000) square feet, the parking requirement is to be determined separately for those areas, as
specified for warehousing.
(5) Assigned parking. For projects where a parking reduction is granted, assigned parking spaces
are prohibited.
(6) Terms Used in Charts.
(i) Active Use Area. All developed areas of a site and buildings except storage, parking and
landscaping.
(ii) Floor Area. Gross floor area within buildings.
(iii) Site Area. Gross site area.
(iv) Use Area. All developed areas of a site and buildings, except parking and landscaping.
(v) Number of Spaces. Where subsection (c) sets parking requirements based on building area
(square footage), site or use area, the number of spaces is to be as set forth for each footage increment
specified or fraction thereof.
(b) Company Vehicles. Commercial or industrial uses shall provide one parking space for each
company vehicle which is parked on the site during normal business hours. Such space may be located
within a building.
(c) Parking Requirements by Land Uses.
(1) Agricultural Uses. Except for the specific uses listed in this subsection, improved off-street
parking and loading spaces are not required for an agricultural use, as long as sufficient usable area is
provided to meet the parking needs of all employees, visitors and loading activities entirely on the site of
the use.
(2) Communication Uses. Broadcasting studios are to provide parking as required for offices (see
subdivision (8) of this subsection). Transmission facilities are not required to have identified spaces, as
Parking Lot
Loading Bay
Use
Parking Spaces Required
Intensity
Intensity
Ag. processing: packing
1 per 1,000 s.f. of use area
Low
High
and processing
Wineries
1 per 1,000 s.f. of active use area
Low / Medium
High
and 1 per 3,000 s.f. of storage,
and 1 per 100 s.f. of tasting room
Animal husbandry, farm
1 per 500 s.f. of floor area, and 1
Low
Low
equipment and supplies
per 1,000 s.f. of outdoor use
(2) Communication Uses. Broadcasting studios are to provide parking as required for offices (see
subdivision (8) of this subsection). Transmission facilities are not required to have identified spaces, as
long as sufficient usable area is provided to meet the parking needs of all employees entirely on the site of
the use.
(3) Cultural, Educational, and Recreation Uses.
Use
Parking Spaces Required
Parking Lot
Intensity
Loading Bay
Intensity
Active Recreation Facilities
Amusement parks/fairgrounds
1 per 75 s.f. of use area
Medium
Medium
Arcades (games) and billiards
1 per 100 s.f. of floor area
Medium
N.A.
Bowling alleys
4 per lane
Medium
Low
Dance clubs
1 per 25 s.f. of dance floor
Medium
N.A.
Dance studios
1 per 200 s.f. of floor area
Low
N.A.
Golf courses
5 per hole plus any
required for clubhouse uses
Low
N.A.
Golf driving ranges (separate
from golf courses)
2 per tee
Low
N.A.
Miniature golf
2 per hole
Medium
N.A.
Skateboard parks
1 per 500 s.f. of use area
Medium
N.A.
Skating rinks
1 per 400 s.f. of use area
Medium
N.A.
Swimming pools (public or
member)
1 per 100 s.f. of pool area,
and 1 per 300 s.f. of deck
area
Medium
N.A.
Tennis courts, racquetball
2 per court
Medium
N.A.
Libraries
1 per 500 s.f.
Medium
N.A.
Public Assembly
Exhibit facilities (including
museums)
1 per 150 s.f. of exhibit
floor
High
Low
Seated spectator facilities
(including a church, theater, other
auditoriums and meeting halls,
sports assembly)
1 per 4 fixed seats, or 1 per
40 s.f. of spectator area if
seats not fixed
High
Low
Schools
Preschools, day care
As required by Section 9-
Parking Lot
Loading Bay
Use
6.125.
Intensity
Intensity
Elementary and high school
As required by Section 9-
N.A.
N.A.
mobile homes)
6.125.
Business and vocational
As required by Section 9-
6.125.
College and University
As determined by Planning
Low
N.A.
condominiums and other attached
Commission
(4) Manufacturing and Processing Uses. Parking lot turnover is low; loading by intensity is
medium. Parking spaces are required as follows:
(i) One (1) space per five hundred (500) square feet of active use area within a building; and
(ii) One (1) space per one thousand (1,000) square feet of storage area within a building; and
(iii) One (1) space per two thousand (2,000) square feet of outdoor active use area; and
(iv) One (1) space per five thousand (5,000) square feet of outdoor storage area.
(5) Residential Uses.
Parking Spaces
Parking Lot
Loading Bay
Use
Required
Intensity
Intensity
Single-family dwellings (including
2 per dwelling, except 1
N.A.
N.A.
mobile homes)
per dwelling is required
where the site is less
than 4,000 s.f. in area
Multifamily dwellings (including
Residential Parking
Low
N.A.
condominiums and other attached
ownership dwellings)
1 b.r. unit: 1.5 spaces
2 b.r. unit: 2.0 spaces
each additional bedroom:
0.5 space
Guest Parking
1 space per 5 units, or
fraction thereof
Group quarters (including
1 per bed, plus
Low
N.A.
boarding houses, rooming houses,
dormitories, and organizational
1 per eight beds
houses)
(6) Resource Extraction. No improved parking is required, provided that sufficient usable area is
available to accommodate all employee and visitor vehicles entirely on the site.
(7) Retail Trade Uses. Parking required for a retail use shall be a minimum of two (2) spaces for
each use or separate tenancy, except where more spaces are required as follows:
Parking Spaces
Parking Lot
Loading Bay
Use
Required
Intensity
Intensity
Auto and vehicle dealers
1 per 400 s.f. of
Medium
Medium
showroom, 2 per service
bay, 1 per 3,000 s.f. of
outdoor use area
Building materials and hardware,
1 per 500 s.f. of floor
Medium
Medium
nurseries
space, 1 per 3,000 s.f. of
outdoor use area
Eating and Drinking Places
Restaurants and bars (on-site
Customer Spaces
High
Medium
consumption. With dancing
facilities, are also to meet dance
I tai3ie hef patfofi7-per
club parking requirements)
table,
1 per 2 counter stools,
plus
Employee Spaces
I per 6 tables, 1 per 100
s.f. of kitchen
Fast food (includes drive-ins. If
1 per 25 s.f. of kitchen
High
Medium
patron tables provided, use must
also meet restaurant customer
space requirement)
Food and beverage retail sales
1 per 200 s.f. of floor
High
Medium
area, 1 per check stand
Furniture, home furnishings and
1 per 500 s.f. of sales
Low
Medium
equipment
area, 1 per 1,000 s.f. of
storage area
General merchandise stores
1 per 300 s.f. of sales
Medium
Low
area, 1 per 600 s.f. of
storage area
Mail order and vending
1 per 1,000 s.f. of use
Low
Low
area
(8) Service Uses. Parking required for a service use is to be a minimum of two (2) spaces for each
use or separate tenancy, except where more spaces are required as follows:
Parking Lot
Loading Bay
Use
Parking Spaces Required
Intensity
Intensity
Auto repair and service
4 per service bay, 1 per 1,000
Medium
Low
s.f. of outdoor active use area
Equipment rental
1 per 500 s.f. of floor area, 1
Medium
Low
per 2,000 s.f. of outdoor use
area
Copying and reproduction
1 per 400 s.f. of floor area
Medium
Low
Contract construction
1 per 500 s.f. of floor area
Low
Low
services
Correctional institutions
As determined by Planning
Commission
Financial services
5 per teller window, 3 per
High
Low
service desk
Health care
1 space per 200 s.f. of floor
High
Low
area
Hospitals
1 per bed, 1 per office space
High
Low
Laundries and Dry Cleaning
1 per 1,000 s.f. of floor area,
Low
High
Plants
plus 2 per office space
Pick-up
2 per check stand
High
Low
Offices
Accounting, advertising,
1 per 400 s.f.
Medium
N.A.
agencies, architecture,
government, insurance, law,
offices, real estate
Other offices
1 per 500 s.f. of floor area
Low
N.A.
Photography studios,
1 per 400 s.f. of floor area
Low
N.A.
commercial art studios
Post offices
5 per service window, 1 per
High
High
500 s.f. of floor area other than
customer area
Personal Services
Barbershops 2 per chair Medium
N.A.
Beauty shops
3 per chair
Medium
N.A.
Dry cleaners
1 per 500 s.f. of floor area
Medium
Low
Funeral and crematory
services
1 per 4 seats in each assembly
room, 2 per office or 1 per 40.
s.f. of floor area in assembly
rooms, whichever is greater
Medium
Medium
Health spas
1 per 300 s.f. of floor area
Medium
N.A.
Laundromats
1 per 2 washers
High
N.A.
Other personal services
1 per 500 s.f. of floor area
Medium
N.A.
Public safety facilities
As determined by Planning
Commission
High
High
Repair service (consumer)
1 per 400 s.f. of floor area
Low
Low
Waste disposal site
As determined by Planning
Commission
(9) Transient Lodgings.
(10) Transportation Uses.
Use
Parking Spaces Required
Parking Lot
Loading Bay
Use
Parking Spaces Required
Intensity
Intensity
Hotels, motels
2 spaces, plus 1 per unit, plus 1
High
Low
per 10 units
(10) Transportation Uses.
Use
Parking Spaces Required
Parking Lot
Intensity
Loading Bay
Intensity
Public utility terminals
None, provided sufficient
Low
Low
usable area is available to
accommodate all employee
and visitor vehicles entirely
on-site
Transit stations and
1 per 20 s.f. of waiting area, 1
High
High
terminals
per 300 s.f. of office space;
additional spaces as required
for accessory uses (restaurants,
etc.)
Truck stops
1 per 1,000 s.f. of use area for
first 5,000 s.f, 1 per 3,000 s.f.
of use thereafter
Medium
High
Vehicle and freight
2 per loading bay, 1 per 300
High
High
terminals
s.f. of office space
1 per 2,000 s.f of use area for
Low
Vehicle storage
None, provided sufficient
Low
Low
usage area is available to
s.f. of use area thereafter
accommodate all employee
2 spaces for manager office
Low
Low
and visitor vehicles entirely
1 per 1,000 s.fof use area for
Low
High
on-site
first 10,000 s.f. of use area, 1
(11) Wholesale Trade.
9-4.123 Driveway standards for single-family residential uses.
Driveways for single-family residences shall be improved as follows in order to make adequate
provision for access including that necessary for emergency vehicles:
(a) Surfacing. Private driveways with an average slope of twelve (12) percent or more shall be
surfaced with asphalt or—concrete or-ehip seal while private driveways with an average slope of less than
twelve (12) percent shall be provided with an all-weather surface. No driveway shall be allowed to exceed
an average slope of twenty (20) percent unless adjusted (Section 9-1.112) upon a determination that no
other feasible alternative is available. Plan and profile drawings may be required by the Planning Director
in order to determine the average slope.
(b) Width. Private driveways shall have a minimum width of twelve (12) feet.
(c) Vertical Clearance. Private driveways shall have a vertical clearance of fourteen (14) feet.
9-4.128 Fencing and screening.
Standards for fencing and screening are established by this section to protect certain uses from
intrusion, to protect the public from uses that may be hazardous, and to increase compatibility between
different land uses by visual screening. Fencing is the enclosure of an area by the materials identified in
Parking Lot
Loading Bay
Use
Parking Spaces Required
Intensity
Intensity
Warehousing
Commercial storage
1 per 2,000 s.f of use area for
Low
High
first 10,000 s.f, 1 per 5,000
s.f. of use area thereafter
Ministorage
2 spaces for manager office
Low
Low
Wholesaling and
1 per 1,000 s.fof use area for
Low
High
distribution
first 10,000 s.f. of use area, 1
per 3,000 s.f. of use thereafter
9-4.123 Driveway standards for single-family residential uses.
Driveways for single-family residences shall be improved as follows in order to make adequate
provision for access including that necessary for emergency vehicles:
(a) Surfacing. Private driveways with an average slope of twelve (12) percent or more shall be
surfaced with asphalt or—concrete or-ehip seal while private driveways with an average slope of less than
twelve (12) percent shall be provided with an all-weather surface. No driveway shall be allowed to exceed
an average slope of twenty (20) percent unless adjusted (Section 9-1.112) upon a determination that no
other feasible alternative is available. Plan and profile drawings may be required by the Planning Director
in order to determine the average slope.
(b) Width. Private driveways shall have a minimum width of twelve (12) feet.
(c) Vertical Clearance. Private driveways shall have a vertical clearance of fourteen (14) feet.
9-4.128 Fencing and screening.
Standards for fencing and screening are established by this section to protect certain uses from
intrusion, to protect the public from uses that may be hazardous, and to increase compatibility between
different land uses by visual screening. Fencing is the enclosure of an area by the materials identified in
subsection (c) of this section. Screening is the enclosure of an area by a visual barrier, which may include
solid fencing or other materials, as specified in subsection (c) of this section.
(a) Fencing and Screening—Where Required. Within the urban services line, the uses and areas
listed in this subsection shall be fenced and/or screened, as indicated. Unless otherwise specified, fencing
and screening are to be a minimum height of six (6) feet. Fencing and screening materials of a height
greater than three (3) feet shall not be located within a required primary, secondary, or corner street
setback.
(1) Utility and Mechanical Equipment. When located outside of a building, support equipment,
including all roof -mounted equipment, air conditioners, heaters, utility meters, cable equipment_
telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes,
and all ducting for air conditioning, heating, and blower systems air- eonditietii g and heating devi es, but
not including plumbing or exhaust vents, or chimneys, shall be screened to the height of the particular
piece of equipment, as follows:
(i) Roof -Mounted Equipment. To be screened by architectural features from the view of abutting
streets.
(ii) Equipment at Grade. All exterior support equipment shall be screened or incoEporated into the
design of buildings so as to minimize visual impact from the public right-of-way or adjacent residential
zones. When leeated on the gr-ound adjaeent to a building, meehanieal equipment shall be ser-eened by
landseaping, a solid wall or- feneing fr-em the view of the stfeet or- sur -founding pr-epet4ies. Screening
materials shall be consistent with the exterior colors and materials of the building, or shall include
evergreen landscaping that will grow to fully screen the equipment within 6 months of installation. This
subsection does not apply to single-family residential uses.
(a) The Design Review Committee (DRC] may grant an exception to these requirements. In
granting a request for an exception, the Design Review Committee (DRC) shall find that screening is
infeasible due to health and safety or utility requirements.
(2) Outdoor Storage. To be screened on all sides by a wall or fencing.
(3) Public Utility Substations. To be screened on all sides in a manner that will provide an effective
visual barrier as well as the necessary safety clearances required by order of the California Public Utilities
Commission.
(4) Side and Rear Lot Lines. The side and rear property lines of all nonresidential uses are to be
screened as follows:
(i) Adjacent to a Residential Use or Zone. A solid wall or fencing shall be located on side and rear
property lines of any nonresidential or nonagricultural use abutting a residential use or zone.
(5) Swimming Pools. Yard areas with private swimming pools
must be constructed per building code
requirements.
(b) Exceptions to Fencing and Screening Requirements.
(1) Buildings Abutting Property Lines. Required screening or fencing may be omitted along any
lot line where a building wall exists immediately abutting the lot line.
(2) Location Adjustment. Where property fencing or screening is required, the location may be
adjusted by approval of an administrative use permit (refer to Section 9-1.112 of this title), so the fencing
may be constructed at or within the setback line, provided the areas between the fence and the property
lines are landscaped, or in rural areas, retained in their natural vegetative state.
(3) Planning Commission Modification. Any of the requirements of this section may be waived or
modified through conditional use permit approval, provided the Planning Commission first finds that
specifically identified characteristics of the site or site vicinity would make required fencing or screening
unnecessary or ineffective.
(c) Standards for Fencing and Screening Materials. All fencing and screening shall be allowed as
follows:
(1) Height. Fence and screen height shall be permitted as follows:
(i) RS/RR/RSF-Z/RSF-Y (with One (1) Acre Net or Larger) Zones.
a. Fencing within a required street setback may be up to five (5) feet in height, provided that the
top two (2) feet remain a minimum of eighty percent (80%) visibility. The fence shall not impair safe
sight distance for vehicular traffic nor result in any other potential adverse impact on human health and
safety (refer to engineering standard: Minimum Sight Distance for Driveways and Intersecting Roads
with Stop Control).
b. Fencing associated with agriculture type activities, including, but not limited to, "deer fencing"
and other fencing that is a minimum of eighty percent (80%) visible may be up to seven (7) feet in height.
Chain link fencing, wrought iron fencing, and any other decorative type of fencing is not considered
"agriculture" type fencing for the purposes of this subsection.
c. Fencing within a required side or rear setback may be a maximum of six (6) feet in height.
(ii) RSF-Y (Less Than One (1) Acre Net) /RSF-X/LSF-Z/LSF-Y/LSF-X/RMF-10/RMF-20.
a. Fencing within a required primary, secondary, or corner street setback can be a maximum of
four (4) feet in height.
b. Fencing within a required side or rear yard setback shall be a maximum of six (6) feet in height.
(iii) Residential Gates.
a. Gates are permitted in single-family residential zoning districts for private driveways.
b. Gates shall be setback a minimum of twenty (20) feet from the right-of-way in accordance with
engineering standards.
c. Gates shall be a maximum of twelve (12) feet in height and shall remain residential in nature.
d. Gateposts and other superstructures over site entrances and exits may be up to twelve (12) feet
in height.
Gates shall comply with emergency access standards.
f. Gates shall not swing open toward the street unless the maximum swing is not closer than
sixteen (16) feet from the edge of the right-of-way.
g. Gates or associated structures shall comply with minimum sight -distance standards.
h. A construction permit shall be required for all gates that exceed six (6) feet in height or contain
electrical components.
(iv) Height Measurement. Fence height shall be measured from the adjacent grade of the downhill
side of the wall, fence, or hedge.
a. Where fences or walls are located on retaining walls or berms, the height of the retaining wall or
berm shall be considered as part of the overall height of the fence or wall if the retaining wall or berm
exceeds two (2) feet in height.
b. If a retaining wall is terraced and separated by five (5) feet of horizontal space or greater, they
shall be considered individual walls for the purposes of measuring height.
v7 CN/CP/CR/CS/CT/CPK/DC/DO.
a. Barbed wire/ razor wire/ concertina wire shall not be located in commercial zones. This does
not apply to agricultural fencing utilized in a low height four (4) feet in height or less within a rural
setting to enclose livestock.
(vi) IP/I zones.
a. Barbed, razor, or concertina wire is subject to approval of the Design Review Committee (section
9-2.107) if findings can be made that it will not negatively impact the health and welfare of the
surrounding area and its appearance is consistent with surrounding properties and land uses.
(2) The Design Review Committee (DRC) may grant an exemption to the front setback fencing
requirement to a maximum of six (6) feet in height if proposed fence would be consistent with the
neighborhood character and does not impair site distance for vehicular traffic, as reviewed by the City
Engineer.
(3) Permit to Exceed Height. A minor conditional use permit approval is required where fencing is
proposed to be greater than six (6) feet in height within or outside any required setback, with the
exception of fencing described in subsection (c)(1)(i)(b) or subsection (c)(1)(ii)(a).
(4) Screening Materials Substitution. Where screening is required to be a solid wall or fence, the
following materials may be substituted subject to the approval of the Community Development Director
thr-ough ..djustffient see Seed". 9 1.112 e f this title`, except where screening is required adjacent to a
residential use or zone:
(i) Landscape Screen. Screening plant materials may be substituted for a wall or fence, where:
a. Notwithstanding section 9-4.128(a)(1)(ii), proposed plant materials are certified in writing by a
registered landscape architect as having the capability of achieving sixty percent (60%) of total view
blockage within eighteen (18) months of planting, and one hundred percent (100%) of total view blockage
within thirty-six (36) months of planting; and
b. The applicant agrees in writing to install solid fencing after the expiration of thirty-six (36)
months, in the event that the landscaping has not totally blocked the view of areas required to be screened.
(ii) Berms. A landscaped berm may be substituted for a wall or fence, provided that the
combination of berm and landscaping is no less than the required height of the fence or wall, and that the
berm is constructed with a maximum slope of three to one (3:1), with side slopes designed and planted to
prevent erosion, and with a rounded surface a minimum of two (2) feet in width at the highest point of the
berm, extending the length of the berm. The berm shall be planted with shrubs, lawn or groundcover.
(iii) Chain -Link Fencing. Vinyl -coated, chain-link fencing with evergreen landscape screen
planting may be substituted for a solid wall or fence in commercial and industrial zones, except where
screening fencing is required adjacent to residential uses and zones
9-6.105 Home occupations.
An accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or
sale of goods or services is subject to the standards of this section.
(a) Appearance, Visibility and Location. The standards of this section determine what physical
changes may occur in a dwelling unit to accommodate a home occupation and where on a residential site
a home occupation may be conducted.
(1) Changes to the Dwelling. The home occupation is not to change the residential character of the
outside appearance of the building, either:
(i) By the use of colors, materials, lighting, signs or by the construction of accessory structures or
garages visible from off-site and not of similar character as the residence; or
(ii) By the emission of noise, glare, flashing lights, vibrations or odors not commonly experienced
in residential areas.
(2) Display of Products. The display of home occupation products for sale, in a manner visible
from the public street or adjoining properties, is prohibited.
(3) Outdoor Activities. On sites of less than one (1) acre, the use shall be conducted entirely within
a principal or accessory structure except instructional activities that may be performed outdoors. Outdoor
storage of materials related to the home occupation is allowed only on parcels one (1) acre or larger
(except as otherwise provided by Section 9-6.103), where such storage is to be screened from view of any
street or adjacent property.
(4) Use of Garage or Accessory Structure. The use of a garage or accessory structure is allowed
subject to Section 9-6.106, except that the conduct of the home occupation shall not preclude the use of
the garage for vehicle parking unless any required replacement parking can be accommodated on site.
(b) Area Devoted to a Home Occupation. The home occupation shall be incidental and subordinate
to the principal use of the site as a residence.
(c) Employees. No person other than members of the household residing on the premises may be
employed and working on the site, except that employees, including independent contractors, partners,
and similar employee -type relationships, may be permitted through administrative use permit approval
(refer to Section 9-1.112) as follows:
(1) The number of employees shall be unlimited, if the following criteria can be complied with:
(i) The employees do not work at or report to the site of the home occupation during, or
immediately before or after, the normal operating hours of the business.
(ii) No additional vehicles, equipment, or outside storage shall occur at the residence as a result of
the increased number of employees.
(2) A maximum of two (2) employees, if the following criteria can be complied with:
(i) No additional client vehicles are generated to the premises as a result of the increased number
of employees.
(ii) The function of the employees in working on the site is to provide direct service to the
employer rather than to the clients of the business.
(iii) It is necessary for the operation of the business to have the employees working at the site of the
home occupation.
(iv) Any additional vehicles, equipment, or outside storage can be maintained on the site in
compliance with subsection (a) of this section.
(v) The allowance of employees will not have any adverse effect on the surrounding residential
area.
(d) Hours of Operation. Hours of operation are unrestricted except that home occupations which
generate sounds audible from offsite shall be limited to the hours from 7:00 a.m. to 7:00 p.m., provided
that such home occupation complies with the standards of Chapter 9-14.
(e) Limits on the Kinds of Home Occupations Allowable. Subject to all of the standards of this
section, allowable home occupations consist of:
(1) Office -type personal or business services (including personal instruction such as music lessons
or contracting services not involving on-site storage of materials or equipment) that do not involve the
presence of more than one (1) client vehicle at any one (1) time;
(2) Handcraft or artwork production, including, but not limited to, pottery and ceramics, artistic
glass or metalwork, electronic components, woodcarving and woodworking (except for mass -production
operations such as cabinet shops), antique furniture restoration, painting and photography, except when
such use involves on-site use of equipment requiring more than standard household electrical current at
one hundred ten (I 10) or two hundred twenty (220) volts or that produces noise (refer to Chapter 9-14),
dust, odor or vibration detrimental to occupants of adjoining dwellings;
(3) The personal sale of cosmetics, personal or household products (except appliances), or other
goods or products; when such sales occur on the premises of the purchaser, provided that wholesale sales
may occur pursuant to subsection (f) of this section, or occur off the premises in some other approved
location; and
(4) Small-scale agricultural accessory uses and horticultural specialties.
(f) Sale of Products. On-site retail sales of the products of a home occupation are prohibited,
except:
(1) Garage sales or the sale of handcrafted items and artwork produced on site are allowed not
more than twice per year, for a maximum of two (2) days per sale;
(2) Home distributors of cosmetics and personal or household products may supply other approved
home occupation proprietors; and
(3) Agricultural produce stands are permitted consistent with Section 9-6.117.
(g) Signing. One (1) identification sign with a maximum area of two (2) square feet may be erected
pursuant to Chapter 9-15. A commercial vehicle carrying any sign identifying the home occupation and
parked on or adjacent to the residential site visible from the public street is included in determining the
maximum allowable area of on-site fixed signs.
(h) Parking and Traffic. Traffic generated by a home occupation is not to exceed the volume
normally expected for a residence in a residential neighborhood. All parking needs of the home
occupation are to be met off the street. For purposes of this section, normal residential traffic volume
means up to ten (10) trips per day. This subsection does not apply to garage or handcraft sales pursuant to
subsection (f)(1) of this section.
Q Oversized/ Head Equipment Storage. Storage of oversized equipment is limited to one item
that mqy be stored onsite. Heavy equipment includes but is not limited to self-propelled, self -powered or
pull -type equipment and machinery, weighing 5,000 pounds or more primarily employed for
construction, industrial, and forestry uses (e.g., water tender, backhoe, mini -excavator, and SWECO
tractor). Any on-site storage of heavy equipment associated with a home occupation may only be
approved if the following condition are met:
(1) Equipment must be entirely screened from the public right-of-way and adjacent parcels.
(2) The City Engineer must determine there is adequate access and that the equipment will not
unreasonably impact surrounding public streets.
9-6.106 Residential accessory uses.
The standards of this section apply to the specific types of residential accessory uses and structures
as listed. Standards for agricultural accessory structures are subject to Section 9-6.109. Agricultural
accessory structures for the keeping of animals are subject to Section 9-6.112.
(a) Swimming Pools. Swimming pools, including hot tubs, spas, and related equipment, may be
located within any required side or rear setback, provided that they are no closer than eighteen (18) inches
to a property line (additional setbacks may be required by the adopted building code), and provided that
they are fenced as required by Section 9-4.128.
(b) Detached Accessory Structures. Any detached accessory structure intended for residential
accessory uses and accessory storage.
(1) Limits on Use. An accessory structure may be constructed or used solely for noncommercial
hobbies or amusements; for maintenance of the principal structure or yards; for artistic endeavors such as
painting, photography or sculpture; for maintenance or mechanical work on vehicles owned or operated
by the occupants; for an approved home occupation; or for other similar purposes.
(2) Floor Area. The maximum gross floor area of a detached accessory structure is not to exceed
one hundred percent (100%) of the gross floor area of the principal structure, up to two thousand (2,000)
square feet, whichever is less.
design erileria in subseetion (b)(3) and when additional findings ean be made to Suppeft an
inefeased
(3) Appearance and Design. An accessory structure that exceeds fifty percent (50%) of the gross
floor area of the pFiflcple principal structure shall adhere to the following criteria:
(i) Accessory structure shall not be located between the primary structure and the public roadway,
unless no purpose of the location limitation is served based on the size, topography, or unique situation of
the property;
(ii) Accessory structure shall be compatible with the pattern of development in the neighborhood
(there are similar structures on adjacent properties, and properties are of a size, nature and topography so
as to not create a significant aesthetic impact);
(iii) Accessory structure is compatible or complementary with the architectural style of the primary
structure;
(iv) The floor- area of the aeeessei=y, str-uetur-e is equal or- lesser than the floor- afea of the.
+r et
(iv) The accessory structure is located on a conforming lot or a lot that is one (1) acre (net) or
rg eater;
(vii) The accessory structure can be built to avoid substantial grading and the removal of significant
native trees;
(vii) The accessory structure does not block sunlight for adjacent properties, alter site distance for
roads or driveways, nor substantially alter the visual quality of the property;
(viii) The accessory structure shall be located no closer than ten (10) feet to the side property line as
measured from the nearest roof eave; and
(i*viii) The accessory structure shall be located no closer than forty (40) feet to the nearest
residential dwelling on an adjacent property.
(4) Exceptions. The following exceptions shall apply to the size and/or design criteria limitations:
(i) The size of an accessory structure may be increased above the size limitations with an
approval of an Administrative Use Permit
(ii) If a structure cannot meet the design criteria for an accessory structure exceeding 50% of the
gross floor area of the primaa structure, exceptions may be granted throu h the approval of an
Administrative Use Permit.
(45) Residential accessory structures one hundred twenty (120) square feet or less are exempt from
requiring a permit if the structure is incidental to the primary use and meets the following requirements:
(i) The structure does not create a nuisance;
(ii) The use of the structure is permitted under its zoning;
(iii) The structure meets the property's rear and side yard minimum setback requirement of three
(3) feet if the structure is less than twelve (12) feet in height;
(iv) If the structure is more than twelve (12) feet in height, standard setback shall be required
regardless of exemption;
(v) The accessory structure is located outside of the required front yard setback;
(vi) A minimum (5) foot setback is required between structures. If structures are abutting, the
aggregate area of the buildings shall be considered one (1) building and shall require a building permit;
and
(vii) Hoop Structures/Greenhouses. Limited to two (2) per residential property. Additional
structures may be approved with DRC approval.
(56) Offices/Art Studio. Offices or art studios are defined as any type of residential occupancy
construction (R) with no kitchens, no overnight stays, cooking facilities and/or no bathing facilities (one
(1) water closet is permitted). Studios shall be limited to four hundred fifty (450) square feet. Studios
greater than four hundred fifty (450) square feet shall be considered accessory or urban dwelling units.
Deed restrictions shall be required for any proposed office or art studio with plumbing limiting the use of
the studio.
(67) Number of Structures. The number of nonexempt accessory structures requiring a building
permit shall be limited to three 3 t�we (2) structures.
(c) Mini -bike, motorcycle, dirt bike or similar two (2) or more wheel motor vehicle riding is
allowed subject to the following limitations:
(1) No more than two (2) such vehicles shall be operating at the same time.
(2) Operation is limited to a maximum of two (2) hours in a day. Limit applies even if only one (1)
such vehicle is being operated.
(3) Operation is limited to a maximum of eight (8) hours in a week.
(i) This limit applies even if only one (1) such vehicle is operated.
(ii) A week shall be measured from Monday through Sunday.
(4) Notwithstanding the above, no such use shall be allowed prior to noon on Sundays.
(5) Any violations to the above-mentioned limitations are subject to cost recovery for responses to
disturbances, as listed in Section 9-14.14.
(d) Exceptions to Accessory Structure Standards.
(1) Notwithstanding section 9-6.106(b)(4), Ddetached accessory structures that deviate from
requirements are subject to the approval of a minor conditional use permit.
2 Minor Use Peril IIL &eq uired: A minor Use Permit shall be required for the followin :
(i) Any detached accessory structure in excess of the three 3 twe (2) structures permitted
(ii) er-,A,When multiple exempt accessory structures (less than one hundred twenty (120)
square feet) are constructed on the premises that are no longer accessory uses to the
primary unit as dete f.. fined by the Community Development Dir -e, tef ; ubje t to the
(e) Agricultural Accessory Uses. This subsection applies to small-scale agricultural uses that are
incidental to a primary use in Residential Zoning Districts.
(1) Hobby crop production and processing. Incidental crop production and small-scale processing
is permitted subordinate to the residential use of the property. Any accessory structures used for this
purpose must comply with accessory structure standards of this section.
(i) Agriculture intended for commercial use must also comply with home occupations standards as
listed in Section 9-6.105.
(2) Produce stands are permitted in compliance with Section 9-6.117.
(3) Farm animal raising is permitted in compliance with Section 9-6.112.
9-6.125 Schools, a*d-preschools, and child day care facilities.
The provisions of this section apply to preschools and public and private schools providing
instruction for preschool through twelfth grade children; business and vocational schools; and to
preschools and other facilities including individual homes where day-care services are provided to more
than six (6) children.
(a) Elementary and High Schools.
(1) Location. No closer than one thousand (1,000) feet to CS, CPK, IP and I Zones or five hundred
(500) feet from a CR Zone.
(2) Parking. Off-street parking is to be provided at a ratio of two (2) spaces for each classroom, and
one space for one hundred (100) square feet of administrative or clerical office space. Except that where
Section 9-4.114 would require more spaces for an on-site auditorium, stadium, gymnasium or other public
or sports assembly facility, the larger number of spaces is to be provided.
(b) Business and Vocational Schools.
(1) Limitation on Use. Business and vocational schools are allowed in the IP Zones only when the
curriculum offered is primarily in subjects relating to industry and/or manufacturing.
(2) Parking. Off-street parking is to be provided at a ratio of one (1) space per seat in the largest
classroom or instructional area, in addition to spaces required for any proposed auditorium by Section 9-
4.114.
(c) Preschools and Child Day Care. The following standards apply in addition to the state licensing
requirements in Title 22 of the California Administrative Code.
(1) Minimum Site Area — Preschools and Child Care Centers. Six thousand (6,000) square feet
where a facility is to accommodate seven fifteen (715) or more children.
(2) Site Design Standards.
(i) Fencing. All outdoor play areas are to be enclosed with fencing a minimum of four (4) feet
high: provided that such fencing is to be solid and a minimum of six (6) feet in height on any property
line abutting a residential use on an adjoining lot.
(ii) Parking and Loading Requirement. For facilities with six (6) or less children, no requirement
other than that normally required for a residence; for facilities with seven (7) to twelve fourteen (124)
children, one l) space per employee, two (2) guest spaces, and an off-street drop-off area is to be
pr-evided with the eapabilit�,� that can accommodate at least two (2) cars must be provided; in addition
to the parking normally required for the residence; to be established through conditional use permit
approval for facilities with more than ten -fourteen (104) children.
9-6.135 Residential care facilities.
(a) Minimum Site Area. Twent�, Ten thousand (120,000) square feet is the minimum site area for
more than six (6) boarders.
(b) Fencing. Any play areas for children are to be fenced to prevent uncontrolled access to and
from the site.
(c) Parking. Non-medical facilities shall meet multi -family parking standards. For facilities with
medical care mem than six (6` be ers, parking is to be provided as set forth in Section 9-6.134(b).
9-6.167 Towing Services
Establishments defined as towing services are subject to the followinystandards:
(a) Location Criteria. The location shall be as follows:
(1) Street Characteristics. A towing service shall be approved only on an arterial or collector road.
(b) Site Design Criteria. In addition to the other applicable standards of this title the following are
applicable to service stations_
(1) A minimum 10 -foot wide landscape setback shall be provided along all street frontages. If the
towing service and vehicle storage yard is utilizing an existing building with less than 10 feet
between the building and any right-of-way, the provided setback shall be landscaped.
(2) All outdoor storage areas shall be screened from the right of way and ad=a� cent properties b
minimum six-foot high solid fence or mason1y wall around the entire perimeter of the
outdoor storage area.
(3) Outdoor storage areas that abut a residential zone shall be separated from such propei1y b a
landsca . ing strip, with a minimum width of ten 10 feet.
(4) All parking areas are to be surfaced with an asphalt concrete or crushed rock surface.
(5) Outdoor vehicle storage shall be limited to 8,000 square feet. A larger outdoor storage area
shall be sub'ect to the review and approval of a conditional use permit and shall be at least
than 300 feet from a residential zoning district.
9-6.177 Temporary events.
Where allowed, temporary events are subject to the standards of this section; except when such
events occur in theaters, convention centers, meeting halls, or as part of a City sponsored event on public
propeqy athef ,..,blie assembly f eili . Swap meets are subject to the standards of Section 9-6.139.
(a) General Requirements.
(1) Public Events. No en*i�t permit is required fef admission for free events held at a public
park or on other land in public ownership when conducted under the management of a public agency
(2) Commercial Entei4aif fnent Events. Temporary Gcommercial outdoor entertainment .,etiv:+:o-s
event: __ y uire the approval of a Temporary Event Permit and are subject to the provisions of this section
and regulations governing business licenses.
(3) Parades. Parades and other temporary events within the public right-of-way are not subject to
these Temporary Event standards fequir-emef4s, provided that all requirements of the City Engineer and
Police Department are met.
(b) Time Limit. A temporary event may iste be held in a single location for a period no longer
thane-twen (-1� (20) wive cumulative daysep rte, of fur- byy Q:(^ "'" sueees
weekends (Satt ,.day and ,,.,day), unless a longer time period is approved through an Administrative Use
Permit.
(c) Site Design Standards.
(1) Access. Outdoor temporary events shall be provided with a „,:.,:mum of twe "` unobstructed
access points, eaeh a minimum of eighteen (18) feet wide, from the event site to a publicly maintained
road and must provide adequate access to emergency services throughout the event site, subject to review
and approval of the City Fire Marshal.
(2) Parking. ,
eensisting at minimum of an open afea at a Fatia of fouf htindFed (4 00) squafe feet per- ear-, oil a lot free of
flammable matefi '. Adequate off-street parking shall be provided for the proposed event, except that
temporary events in the Downtown Commercial zoning district shall not require off-street parking. All
parking areas shall be on a non-flammable surface.
( 3) Restrooms. Establishment of temporary food services (food trucks) shall have access to
approved restrooms on site. Restroom facilities located off-site within 200 feet of the food service may be
approved, subject to the approval of the Building Official.
(4) Installation of electrical service or fixtures governed by the building code for a temporary event
site shall be subject to City review of a construction permit, unless otherwise exempted by the City
Building Official.
5 Tents or related structures that are greater than 400 square feet shall require a construction
permit, subject to the approval of the Fire Marshal.
(i) Seated Speeta4er- Events. One pafking spaee for- eaeh twelve (12) square feet of seating afea.
(ii) Exhibit Event. One parking spaee fer- eaeh seventy five (75) squafe feet of exhibit area.
(d) Guarantee of Site Restoration. A bond or cash deposit is may be required for approval of a
temporary event to guarantee site restoration after use, and operation in accordance with the standards of
this title. The guarantee shall cover both operation and restoration and is subject to the provisions of
Section 9-2.121.
9-9.102 General definitions.
Above grade. Any elevation higher than the natural ground contour.
Access. The safe, adequate, usable means of vehicular or pedestrian entrance or exit to a site.
Accessory dwelling unit (ADU). ADUs are defined by Government Code Section 65852.2 to mean
an attached or detached residential dwelling unit that provides complete independent living facilities for
one (1) or more persons. ADUs shall include permanent provisions for living, sleeping, eating, cooking,
and shall have a bathroom, and shall be located on the same parcel as the single-family or multifamily
dwelling per the standards set forth in this section. An accessory dwelling unit also includes an efficiency
unit as defined in Section 17958.1 of the Health and Safety Code and a manufactured home as set forth in
Section 18007 of the Health and Safety Code.
Accessory structure. A non -habitable structure located on a residential lot occupied by a primary
unit, exclusive of accessory dwelling units. Accessory structures may include, but are not limited to,
workshops, garages, pool houses, and art studios. A utility bathroom with shower and heating/air
conditioning may be installed subject to design limitations and with a deed restriction that limits the
building's use to nonresidential purposes and prohibits overnight stays. Attached structures may be
permitted consistent with Sections 9-5.060 and 9-6.106.
Agricultural accessory building. An uninhabited structure, designed and built to store farming
animals, implements, supplies, or products (not including commercial greenhouses or buildings for
agricultural processing activities), which is not used by the public.
Agricultural products. Food and fiber in their raw, unprocessed state (except for such field
processing that may occur in conjunction with harvesting) and ornamental plant materials.
Agriculture. The science and art of farming, producing crops, floriculture, horticulture and animal
husbandry.
Air contaminant. Any combination of smoke, charred paper, dust, soot, carbon, noxious acids,
fumes, gases, or particulate matter.
Ambient noise level. The composite of all noises from all sources near and far. In this context, the
ambient noise level is the normal or existing level of environmental noise at a given location.
Apartment. A room or flat occupied or designed to be occupied by one (1) family for living or
sleeping purposes with cooking facilities.
Apartment house or multiple dwelling unit. A building or portion of a building designed or used
for occupancy by three (3) or more families living independently of each other and containing three (3) or
more dwelling units.
Appeal, scope of. The matters to be heard on appeals filed pursuant to this title shall be confined to
the project as proposed to the original or first decision maker, without change. However, the applicant, or
person appearing on appeal, shall not be prevented from submitting information concerning the
unchanged proposal which had not been submitted with the original proposal.
Arcade. Any site or business providing in part or as a whole, an amusement service consisting of
coin-operated games or devices, where more than five (5) coin-operated games or devices are present or
where more than twenty-five percent (25%) of the public area is used for the placement or operation of
such games or devices.
Archeological resource. Any Native American or pre-Columbian artifact or human remains.
A -weighted sound level. The sound level in decibels as measured on a sound level meter using the
A -weighting network. The level so read is designated "db(A)" or "dbA."
Basement. That portion of a building between the floor and ceiling that is partly below and partly
above grade so located that the vertical distance from grade to the floor below is less than the vertical
distance from grade to ceiling.
Billboard. See "Sign, off -premises."
Boardinghouse. A boardinghouse is a structure where lodging and meals are furnished for
compensation to at least five (5) persons.
Buildable area (developable area). The area of the site in which structures may be located, not
including required yard areas (see Figure 9-A).
i
-� � 6sr artrn.
rrbrr as+npa.
FIGURE 9-A, BUILDABLE AREA
Building. Any structure having a roof supported by columns and/or walls and intended for shelter,
housing, and/or enclosure of any person, animal or chattel, but not including tents or mobile homes.
Building, accessory. A detached subordinate building the use of which is incidental to that of a main
building on the same lot.
Building and construction ordinance. Title 8 of this code.
Building face. The exterior walls of a building extending vertically from the building line.
Building height. The vertical distance from the average level of the highest and lowest point of that
portion of the lot or building site covered by the building to the topmost point of the structure, excluding
chimneys or vents (see Figure 9-13).
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Building, main or principal. A building where the principal use of its lot and or building site is
conducted.
Building site. The area within a lot of record (or contiguous lots under single ownership) actually
proposed for development with buildings or structures, including areas immediately adjacent to the
buildings or structures to an extent equivalent to any required setback areas.
Carport. A permanent roofed structure with not more than two (2) enclosed sides, which is used or
intended to be used for automobile shelter or storage.
Channel. The area occupied by the normal flow of an intermittent or perennial stream during non -
flood conditions.
Combustible liquid. Any liquid having a flash point at or above one hundred (100) degrees
Fahrenheit and below two hundred (200) degrees Fahrenheit, including, but not limited to, diesel fuel,
kerosene and Jet A.
Commercial coach. A vehicle, with or without motive power, including any mobile home or
recreational vehicle, designed and equipped for human occupancy.
Commission. The Planning Commission of the City.
Common wall development. Two (2) residences on adjoining lots, constructed so that they abut
each other at their common property line (see Figure 9-C).
57RI IT
FIGURE 9-C: COMMON WALL
DEVELOnIENT
Communication towers. Any tower or other structure erected for the purpose of radio, television or
microwave transmission or line -of -sight relay devices.
Community sewer system. A sewage effluent collection network, treatment and disposal facilities
provided within a prescribed service boundary, which results in the primary, secondary, or tertiary
treatment of such effluent.
Community water system. A water storage and distribution network for the provision of potable
water to the public for human consumption within a prescribed service boundary, operated and
maintained by the Atascadero Mutual Water Company.
Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar
action, for or of rights-of-way, structures, utilities or similar property.
Construction permit. Any or all of the various entitlements established by Title 8 of this code that
authorize commencement of construction activities, including, but not limited to, building permits,
grading permits, electrical and plumbing permits, demolition permits and moving permits.
Convalescent hospital. A place or institution which provides for bed care or for chronic
convalescent care for two (2) or more persons, exclusive of relatives, who by reason of illness or physical
infirmity are unable to care for themselves.
Council. The City Council of the City.
County. The County of San Luis Obispo.
Coverage. Site or lot coverage means the extent of a lot of record occupied by structures and paving.
Crop production. Includes the following crop types and activities and further defined as indicated:
(1) Specialty Crops. Strawberries, herb crops, flower seed and cut flower crops (open field), kiwi
vines, edible pod peas, bushberry crops, Christmas trees and other outdoor ornamentals, intensive
horticulture, sod farms, clover seed, hops, and wholesale nurseries (see separate definition).
(2) Row Crops. All vegetable truck crops except edible pod peas. Includes lima and snap beans.
(3) Orchards. All fruit and nut tree crops. Does not include kiwi, berry, or other vine crops.
(4) Field Crops. Beans other than snap or lima beans, barley, oats, safflower, wheat, grain and hay
including alfalfa, silage and grain corn, sugar beets, melons, cotton.
(5) Rangeland. Grazing of livestock on grasses without irrigation.
(6) Pasture (Irrigated). Grazing of livestock on irrigated grasses.
(7) Vineyards. Grapevines.
(8) Preparation for Cultivation. Land -contouring, clearing, irrigation construction and other
preparation of soil for crops.
(9) Field Processing. Mechanical processing of crops in the field at harvest, when such activities do
not involve a permanent structure. Such activities include, but are not limited to, hay baling and field
crushing of grapes.
Dance club or nightclub. Establishment providing for live or recorded music and an area for
dancing, including disco.
Dance studio or school. An establishment where instruction in the dance arts (ballet, modern dance
or any other dance form) is provided students for a fee, except where instruction in predominantly social
dance is provided on the premises of a dance club as defined by this title.
Density. The measure of the ratio of population to the area of land occupied by that population,
which may be expressed as dwelling units per acre, families per acre, persons per acre, or conversely as
acres per dwelling unit or square feet per dwelling unit. "Gross density" is the number of lots derived
from dividing the area of a site by the area required for each lot or dwelling unit. "Net density" is the
number of lots resulting from subtracting the area required for streets from the total area of the undivided
site, and then dividing the remaining area by the area required for each lot.
Density bonus. A density increase over the otherwise maximum allowable residential density under
the applicable municipal code ordinance and Land Use, Open Space, and Conservation Element of the
General Plan as of the date of application by the developer to the City (Government Code Section
65915(f)). Density bonuses shall either be in the form of a "State Density Bonus" as defined by Article 30
in Chapter 3, Zoning Districts, or as specified in the Land Use, Open Space, and Conservation Element of
the General Plan for exceptionally high design quality.
Development. Any activity or alteration of the landscape, its terrain contour or vegetation, including
the erection or alteration of buildings or structures. New development is any construction, or alteration of
an existing structure or land use, or establishment of a land use after the effective date of this title.
Discretionary permit. An entitlement that may be issued under the provisions of this title, but
requires the exercise of judgment and the resolution of factual issues to determine if the application and
requested entitlement conform with the provisions of this title. Generally, a discretionary permit consists
of any entitlement that requires a decision to approve, approve subject to conditions or disapprove, based
on the judgment of the Planning Commission after a hearing (see "Ministerial permit").
Drainage facilities. Constructed improvements for the storage or conveyance of storm runoff in
drainage channels, including channels, culverts, ponds, storm drains, drop -inlets, outfalls, basins, pumps,
gutter inlets, manholes, and conduits.
Dredging. Mechanical alteration of the grade of bottom sediments in any body of water.
Drive-in restaurant. Any building or structure in which food or drink are prepared for service to
customers outside such buildings or structure or to customers occupying vehicles outside such structure,
even though food and drink are served to customers inside such building or structure. Shall include self-
service restaurants for food take out.
Driveway. A road providing access to a site or land use from a street. A driveway serves no more
than five (5) separately owned parcels (see also "Road, private").
Dude ranch. Transient guest occupancy facilities incidental to a working ranch, which may include
other accessory recreational facilities and common eating facilities open to overnight guests only.
Dwelling unit. An independent, attached or detached residential building designed to house and
provide living space, including kitchen and bathroom facilities, for an individual family.
Entitlement. Authority acquired by an applicant after receiving approval of an application. For the
purposes of this title, land use entitlements are the plot plan, precise plan and conditional use permit (see
"Zoning approval").
Exploration. The search for minerals by geological, geophysical, geochemical or other techniques,
including, but not limited to, sampling, assaying, drilling, or any surface or underground works used to
determine the type, extent, or quantity of minerals present (includes prospecting).
Extraction. The removal from the earth of oil, gas or geothermal resources by drilling, pumping or
other means, whether for exploration or production purposes.
Family. A "family" is a "single housekeeping unit" defined as the functional equivalent of a
traditional family, whose members are an interactive group of persons jointly occupying a single dwelling
unit, and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises
of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the
makeup of the household occupying the unit is determined by the residents of the unit rather than the
landlord or property manager.
Family, immediate. Relatives of an applicant or spouse of applicant, limited to grandparents,
parents, children, and siblings.
Flammable liquid. Liquids with flash points below one hundred (100) degrees Fahrenheit,
including, but not limited to, gasoline, acetone, benzene, ethyl ether and ethyl alcohol.
Flash point. The minimum temperature of a liquid at which sufficient vapor is given off to form an
ignitable mixture with the air near the surface of the liquid.
Flood, one hundred (100) year. A flood inundation event, the extent of which has a statistical
probability of occurring once every one hundred (100) years.
Flood fringe. That portion of the floodplain outside the floodway.
Floodplain. Land that has been or may be hereafter covered by flood water, including, but not
limited to, the one hundred (100) year flood.
Flood profile, storm. A graph or longitudinal profile showing the relationship of the water -surface
elevation of a flood event to location along a stream or river.
Floodproofing. Any combination of structural provisions or adjustments in areas subject to flooding
primarily to reduce or eliminate flood damage to properties, water and sanitary facilities, structures, and
the contents of buildings in a flood hazard area.
Floodway. The channel of a river or other watercourse and the adjacent land areas that must be
reserved to discharge the one hundred (100) year flood without cumulatively increasing the water surface
elevation more than one (1) foot.
Floor area. Includes the total floor area of each floor of all buildings on a site, including internal
circulation, storage and equipment space, as measured from the outside faces of the exterior walls,
including halls, lobbies, stairways, elevator shafts, enclosed porches and balconies.
Frontage. A property line of a lot that abuts a street, as follows:
(1) Primary Street Frontage. The primary side of the property that abuts a street that typically
provides property access, addressing, a front yard space, and is parallel to the secondary frontage and
perpendicular to the corner frontage.
(2) Secondary Street Frontage. A second side of the property that abuts a street and is parallel to
the primary street frontage designed as a double frontage lot.
.(3) Corner Street Frontage. A second side of the property that abuts a street and is perpendicular, or
at a discernable angle, to the primary frontage.
Garage, private. A building for storing self-propelled vehicles that is not open to the public, which
may include an accessory workshop.
Garage, public. Any premises (except a private garage) used for the storage and/or care of self-
propelled vehicles, or where such vehicles are equipped for sale or lease.
General Plan. The City of Atascadero General Plan, including all elements thereof and all
amendments thereto.
Government Code. The Government Code of the State of California.
Grazing. For the purposes of this title, grazing means the keeping for commercial purposes of cattle,
horses or sheep using feed produced on the site.
Guesthouse. Sleeping facilities detached from a principal residence and occupied for the sole use of
members of the family, temporary guests or persons temporarily employed on the premises; which may
include a bathroom and other living space, but not kitchen facilities.
Health Department. The County of San Luis Obispo Health Department under contract to the City
of Atascadero.
Home occupation. Any use customarily conducted entirely within a dwelling or building accessory
thereto and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the
structure for dwelling purposes and which use does not change the character thereof and does not
adversely affect the uses permitted in the zone of which it is a part.
Hospital. An institution providing physical or mental health services inpatient or overnight
accommodations and medical or surgical care of the sick or injured.
Hotel. A building containing six (6) or more rooms intended or designed to be used, or which are
used, rented or hired out to be occupied for sleeping purposes by guests.
Impulsive sound. Sound of short duration, usually less than one (1) second, with an abrupt onset
and rapid decay. Examples of sources of impulsive sound include explosions, hammering, and discharge
of firearms.
Inoperative vehicle. Any vehicle which is not currently registered or which is not capable of self -
propulsion.
Irrigated. A lot having existing wells, water storage, and/or drip irrigation system adequate to
support any crop suited to the soil type and climate of a site.
Junior accessory dwelling unit (JADU). JADUs are defined by Government Code Section 65852.2
to mean a residential accessory dwelling unit internal to an existing or new primary dwelling unit that
provides complete independent living facilities for one (1) or more persons. JADUs shall include
permanent provisions for living and shall be located on the same parcel and within the same structure as
the single-family dwelling. A junior accessory dwelling unit also includes an efficiency unit as defined in
Section 17958.1 of the Health and Safety Code.
Junk yard. An area improved or unimproved in excess of two hundred (200) square feet:
(1) Upon or in which is stored or kept junk salvage materials, scrap metals, inoperative vehicles
and equipment or any combination thereof; or
(2) Upon or in which vehicles, equipment or other property is dismantled or wrecked; or
(3) Upon or in which salvage materials, inoperative vehicles or equipment, or parts therefrom, or
scrap metals, or any combination thereof, is kept for resale.
Materials or equipment kept on any premises for use in the construction of any building on such
premises, and any materials or equipment customarily used on a farm or ranch, and so situated, shall not
be deemed "junk" or "salvage material" within the meaning of this definition.
Light source. A device that produces illumination, including incandescent light bulbs, fluorescent
and neon tubes, halogen and other vapor lights and reflecting surfaces or refractors incorporated into a
lighting fixture. Any translucent enclosure of a light source is considered to be, part of the light source.
Loading space. A space used exclusively for loading or unloading of other than passengers from
vehicles into the floor area, use area, or storage area of a building.
Lot, corner. A corner lot is located immediately adjacent to the intersection of two (2) vehicular
rights-of-way, including railroads.
Lot depth. The horizontal distance between the front and rear lot lines, measured in the mean
direction of the side lot lines.
Lot, double -frontage. A lot extending between two (2) streets, so that two (2) non-contiguous sides
of a property abut a street with one (1) frontage being the primary street frontage and the other being the
secondary street frontage (see Figure 9-E).
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FIGURE 9-E. IDOLMI,1F FR(li!"TAG . aa()'Jr
Lot, flag. A lot which lies substantially behind another lot and is served by an accessway or access
easement (refer to Figure 9-F).
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FIGURE 9-F: FLAG LOT
Lot width. Distance between interior property lines measured along the front setback line.
Manufactured housing. Residential structures that are constructed entirely in the factory, and which
since June 15, 1976, have been regulated by the Federal Manufactured Home Construction and Safety
Standards Act of 1974 under the administration of the U.S. Department of Housing and Urban
Development (HUD).
Mined lands. Includes the surface, subsurface. and groundwater of an area where surface mining
operations will be, are being, or have been conducted, including all accessory access roads, land
excavations, workings, mining waste, and areas where structures, facilities, and surface mining
equipment, machines, tools or other material or property are located.
Minerals. Any naturally occurring chemical element, compound or groups of elements and
compounds, formed from inorganic processes or organic substances, including, but not limited to, coal,
granite, limestone, metals, peat,- "redrock" sand and gravel, tar sand and bituminous sandstone, but
excluding geothermal resources, natural gas, and petroleum.
Mining waste. Includes residual soil, minerals, liquid, vegetation, tailings, abandoned equipment,
tools, other materials or physical conditions directly resulting from or displaced by mining.
Ministerial permit. Any permit that may be issued under the provisions of this title without review
by the Planning Commission or City Council. A ministerial decision involves only the evaluation of a
proposal with respect to fixed standards or objective measurements, without the use of subjective criteria.
Mobile home. A trailer, transportable in one (1) or more sections, that is certified under the National
Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight (8) feet in
width and forty (40) feet in length, is tied down: (a) to a permanent foundation on a lot either owned or
leased by the homeowner; or (b) is set on piers, with wheels removed and skirted, in a mobile home park
and not including recreational vehicle, commercial coach or factory -built housing. A mobile home on a
permanent foundation is included under the definition of "Single-family dwellings" in Section 9-3.500.
Nonresidential use. All uses of land including agricultural, communication, cultural, educational,
recreation, manufacturing, processing, resource extraction, retail trade, services, transient lodging,
transportation and wholesale trade uses.
Nursery school. See "Preschool."
Obstruction in floodway. Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, bridge, conduit, culvert, building, wire fence, rock, gravel,
refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or flood
hazard areas that may impede, retard or change direction of flow, either in itself, or by catching or
collecting debris carried by such water, or that is placed where it might be carried downstream and
damage life or property.
Occupant. The person occupying, or otherwise in real or apparent charge and control of, a premises.
Official plan line. A line adopted by the City Council to indicate the area proposed to be acquired
for an enlarged right-of-way.
Open area. All areas of a lot not included within the definition of floor area: parking, recreation
spaces, passive open areas landscaped areas and other open, unpaved areas of the site.
Outdoor activity area. Any part of a site where commercial, industrial, recreation or storage
activities related to the principal use of a site are conducted outdoors, except for parking.
Owner. The person or persons, firm, corporation or partnership that is the owner of record of a
premises identified on the last equalized assessment roll.
Ownership. Ownership of one (1) or more parcels of land (or possession under a contract to
purchase or under a lease the term of which is not less than ten (10) years) by a person or persons, firm,
corporation or partnership, individually, jointly, in common or in any other manner whereby such
property is under single or unified control.
Parcel.
(1) A parcel of real property shown on a subdivision or plat map, required by the Subdivision Map
Act or local ordinance adopted pursuant thereto, to be recorded before sale of parcels shown on the map
or plot, at the time the map was recorded;
(2) A parcel of real property that has been issued a certificate of compliance pursuant
to Government Code Section 66499.35; or
(3) A parcel of real property not described in subsection (1) or (2) of this definition, provided the
parcel resulted from a separate conveyance or from a decree of a court of competent jurisdiction which
was recorded before the requirement of the filing of the subdivision map by the Subdivision Map Act or
local ordinance adopted pursuant thereto.
Person. Any individual, firm, co -partnership, corporation, company, association, joint stock
association, City, County, State or district; and includes any trustee, receiver, assignee, or other similar
representatives thereof.
Planning Department. The City of Atascadero Planning Department, including the Planning
Director and all subordinate employees.
Planning Director. The Planning Director of the City of Atascadero. As used in this title, Planning
Director may include designated staff of the Planning Department when acting in an official capacity.
Porch. Outdoor steps, stairs, and/or a raised platform less than one hundred (100) square feet in area,
located immediately adjacent to the entry of a building for the purpose of providing pedestrian access
from the outdoor ground elevation to a building interior. If the platform portion of a porch, not including
steps, is more than one hundred (100) feet, it is considered a deck.
Preschool. Any type of group child day care programs including nurseries for. children of working
mothers, nursery schools for children under the minimum age for education in public schools, parent
cooperative nursery schools and programs covering afterschool care for school children provided such
establishments are institutional in character and are licensed by the State or County and conducted in
accordance with State requirements.
Primary street. The street side of a property that typically provides property access, addressing, a
front yard space, and is parallel to the secondary street and generally perpendicular to a corner street.
Project. Any land use, activity, construction or development which is required to be authorized by a
zoning approval pursuant to this title before beginning construction or establishment of the use.
Property line. The recorded boundary of a lot of record.
Property line, front. The recorded boundary between the yard of a lot of record and any abutting
public or private street right-of-way.
Property line, interior. The recorded boundary between two (2) or more lots of record.
Property line, street frontage. The recorded boundary between a lot of record and a street right-of-
way.
Public Resources Code. The Public Resources Code of the State of California.
Public utility. A company regulated by the California Public Utilities Commission.
Reader board. A sign that accommodates changeable copy and which displays information on
activities and events on the premises, but not including a marquee.
Reclamation. The process of land treatment that minimizes and mitigates otherwise unavoidable or
existing water degradation, air pollution, damage to aquatic or wildlife habitat flooding, erosion, and other
adverse effects from surface or underground mining operations, including adverse surface effects
incidental to underground mines, so that mined lands are reclaimed and restored to a usable condition
readily adaptable for alternate land uses and that will constitute no danger to public health or safety. The
process may extend to affected lands surrounding mined lands, and may require backfilling, grading,
resoiling, revegetation, soil compaction, stabilization, or other measures.
Reclamation plan. A mine operator's completed and approved plan for reclaiming the lands
affected by mining operations conducted after January 1, 1976, as called for in Section 2772 of the Public
Resources Code.
Recreational vehicle. Recreational vehicles are defined as any vehicle, coach, camper, travel trailer,
boat, or similar movable recreational facility regulated by the vehicle code that does not have a permanent
foundation. Recreational vehicles are not permitted to be used as any type of residential unit or residential
accessory use.
Recycling facility. Any lot or portion of a lot used for the purpose of outdoor storage, sorting,
handling, processing, dismantling, wrecking, keeping or sale of inoperative, discarded, wrecked, or
abandoned appliances, vehicles, boats, building materials, machinery, equipment, or parts thereof,
including, but not limited to, scrap materials, wood, lumber, plastic, fiber, or other tangible materials that
cannot, without further reconditioning, be used for their original purposes. Includes wrecking yards for
vehicles.
Residential additions. Residential additions (additions) are defined as an increase of floor area to a
residential unit, including attached uninhabitable space. Habitable residential additions shall have a
continuous, logical internal connection of conditioned space that provides for access to all portions of the
unit and addition. Doors or other partitions may not be used to create two (2) separate living spaces.
The addition shall not have a secondary kitchen; however, a wet bar is permissible as defined herein.
Habitable aAdditions must have a minimum ten (10) feet of shared common wall
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ns:aovoa a residential addition. Uninhabitable additions must have a minimum of ten (10) feet of shared
common wall. Structures connected by a breezeway or other open sided elements are considered detached
structures.
Residential care facility. Any facility, place, or building that is maintained and operated to provide
nonmedical residential care or day care, services for children or adults (except for preschools which are
separately defined) who are physically handicapped or mentally retarded.
Residential multifamily development. A residential multifamily property zoned for multiple
primary dwelling units that has been developed to the maximum allowed density and which shares access,
parking, and/or amenities regardless of the number of underlying parcels. This may include, but is not
limited to, attached or detached residential units, common interest subdivisions, and related residential
development on single or multiple lots developed as a single development project with a developable
density of at least ten (10) units per acre.
Resource extraction well. Any facility constructed or installed for the purpose of extracting
minerals from the earth that occur in a fluid or gaseous state, or minerals converted to a gaseous or
semifluid state through extraction processes, which involve the penetration of subterranean regions by
means of drilling apparatus. For the purposes of this definition only, mineral resources include oil, gas,
geothermal steam, or other subterranean deposits, except water. Extraction wells as defined herein may be
for purposes of exploration or production.
Rest home. See "Residential care facility."
Revegetation. Any combination of mechanical or other means by which a graded surface is returned
to a condition where it supports significant natural vegetation.
Right-of-way. A road, alley, pedestrian or other access right-of-way with width described in
recorded documents.
Road, private. A road providing vehicular access to five (5) or more lots of record that is not in the
City -maintained road system.
Road, public. A road providing vehicular access that is in the City -maintained road system.
Scrap. Used metal including appliances and machine parts, which can be recycled or reused only
with repair, refurbishing, or attachment to other such materials.
Sedimentation. The addition of soil materials through erosion to a stream or water body that
increases the turbidity of the water.
Setback. An open area on a lot between a building and a property line unoccupied and unobstructed
from the ground upward, except as otherwise provided in Section 9-4.103 (refer to Figure 9-17).
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FIGURE 9-F: SETBACKS AND BUILDABLE AREA
Setback, interior. Any open area of a site not within a required street, rear, or side setback area (see
Figure 9-F).
Setback line. The line formed by the measurement of required front, side, or rear yard areas required
by this title. All setback lines together define the buildable area.
Setback, rear. A primarily open area without principal structures, extending across the full width of
the lot and measured between the rear line of the lot and the nearest line of the building (see Figure 9-17).
Setback, side. A primarily open area without principal structures, between the side line of the lot
and the nearest line of the building and extending between the required street and rear setbacks (see
Figure 9-F).
Setback, street (primary, secondary, or corner). An open area without structures, extending
across the frontage of a lot abutting a private or public right-of-way.
Sign. Any visual device or representation designed or used for communicating a message, or
identifying or attracting attention to a premises, product, service, person, organization, business or event,
not including such devices visible only from within a building.
Sign area. The area of the smallest rectangle within which a single sign face can be enclosed.
Sign copy. The information content of a sign, including text, illustrations, logos, and trademarks.
Sign, directory. A sign identifying the location of occupants of a building or group of buildings
which are divided into rooms or suites used as separate offices, studios or shops.
Sign, exterior -illuminated. Any sign, any part of which is illuminated from an exterior artificial
light source mounted on the sign, another structure, or the ground.
Sign face. The visible portions of a sign including all characters and symbols, but excluding
structural elements not an integral part of the display.
Sign, freestanding. A sign not attached to any buildings and having its own support structure.
Sign, freeway identification. An on-site sign permitted for a highway -oriented use.
Sign height. The vertical distance from average adjacent ground level to the top of the sign
including the support structure and any design elements.
Sign, identification. Any sign identifying an occupant, apartment, residence, school, church, or
certain business uses and not advertising any product or service.
Sign, interior -illuminated. A sign with any portion of the sign face or outline illuminated by an
interior light source.
Sign, monument. A self -supported sign with its base on the ground, not exceeding six (6) feet in
height.
Sign, nonilluminated. A sign illuminated only incidentally by ambient light conditions.
Sign, off -premises. A sign directing attention to a business, service, product, or entertainment not
sold or offered on the premises on which the sign is located.
Sign, political. A sign drawing attention to or communicating a position on any issue, candidate, or
measure in any national, State, local or school campus election.
Sign, price. A sign on the premises of a gasoline service station, identifying the cost and type or
grade of motor fuel only.
Sign, roof. Any sign located on, or attached to the roof of a building.
Sign, suspended. A sign attached to and located below any permanent eave, roof, or canopy.
Sign, temporary. A sign used not more than sixty (60) days, or other period limited by the duration
of a temporary use.
Sign, wall. A single -faced sign painted on or attached to a building or wall, no part of which extends
out from or above a wall more than six (6) inches.
Sign, window. A sign displayed within a building or attached to a window but visible through a
window or similar opening for the primary purpose of exterior visibility.
Single room occupancy unit (SRO). A structure that provides separate, single room, residential
living units with no on -premises residential medical care. Units within the structure may have individual
bathroom facilities, shared bath or toilet facilities for the residents, or any combination thereof. SRO may
include structures commonly called rooming houses or boarding houses. SRO facilities shall not be age
restricted. Age restricted SRO facilities shall be considered a residential care facility for the elderly
(RCFE).
Site area, gross. The total area of a legally created parcel (or contiguous parcels of land in single or
joint ownership when used in combination for a building or permitted group of buildings), including any
ultimate street right-of-way, existing rights-of-way deeded to the parcel, and all easements, except open
space easements, across the site.
Site area, net. The gross site area minus any ultimate street rights-of-way and all easements, except
open easements, that limit the surface use of the site for building construction.
Site area, usable. Net site area minus any portions of the site that are precluded from building
construction by natural features or hazards, such as areas subject to inundation.
Slope, average. The characteristic slope over an area of land, expressed in percent as the ratio of
vertical rise to horizontal distance. Average slope is to be determined based on the most accurate
available topographic information for each proposed new lot. One of the following methods for
determining average slope is to be used:
(1) Basic Method. Where a line drawn between highest and lowest points on a parcel is adequate to
represent direction and extent of slope for the entire parcel, the difference in elevation between the high
and low points, divided by the distance between the points, will determine the average slope.
(2) Sectional Method. Where the parcel contains distinct sections of differing slope, the average
slope of each section may be determined according to either the basic method in
subsection (a) of this definition or the contour measurement method in subsection (c) of this
definition. The average slope of each section is then used in proportion of the section's area to the total
area to determine the average slope of the entire parcel.
(3) Contour Measurement Method. Where precise measurement of the average slope is required
due to varied slope conditions or complex topography, the following formula will be used:
S= (2.29 X 10 - 3) I L
A
Where S = Average slope of parcel in percent
A = Total number of acres in the parcel (or section of parcel)
L = Length of contour lines in scaled feet
I = Vertical distance of contour interval in feet
Sound level meter. Any instrument including a microphone, amplifier, output meter and frequency
weighing networks for the measurement of sound levels, which meets or exceeds the requirements
pertinent for type S2A meters in ANSI specifications for sound level meters, 51.4-1971, or the most
recent revision thereof.
State Board. The State Mining and Geology Board, in the Department of Conservation, State of
California.
State Geologist. The individual holding office as structured in Section 677 of the Public Resources
Code.
Storage area. An area proposed or used for the outdoor storage of supplies or equipment, or goods
for sale, lease, or incidental use.
Story. Usable floors of a building, except that where this title uses stories as a measurement of a
building height. Basements or building floors six (6) feet or more below street level are not included.
Structural alteration. Any change in the supporting members of a building, such as bearing walls,
columns, beams or girders.
Structure. Any artifact constructed or erected, the use of which requires attachment to the ground,
including any building, but not including fences or walls six (6) feet or less in height.
.Structure, accessory. A structure, the use of which is incidental to that of a principal structure on
the same lot. May be either detached or attached if part of the principal structure.
Subject site. A parcel or parcels of land which are the intended or actual location of a land use or
land development project which is the subject of an application for zoning approval, construction permit,
variance or adjustment, or an amendment to the land use element.
Substation. Any public utility electrical substation, pumping station, pressure regulating station, or
similar facility.
.Supportive housing. Housing with no limit on length of stay, that is occupied by the clients of
social services, such as persons with medical or mental health conditions, and that is linked to on- or off-
site services that assist the supportive housing resident in retaining the housing, improving his or her
health status, and maximizing his or her ability to live in and, when possible, work in the community,
where no on-site medical care is provided. This definition excludes housing for halfway houses intended
for occupancy by parolees or convicted persons, children's homes, halfway houses, rehabilitation centers,
and self-help group homes.
Surface mining operations. All or any part of the process involved in the mining of minerals or
construction materials on mined lands by removing overburden and mining directly from the mineral
deposits, open -pit mining of minerals naturally exposed, mining by the auger method, dredging and
quarrying, or surface work incidental to an underground mine. In addition, surface mining operations
include, but are not limited to:
(1) In place distillation, retorting, or leaching.
(2) The production and disposal of mining waste.
(3) Prospecting and exploratory activities.
(4) Extractions of natural materials for building, construction, etc.
Temporarily deactivated operation. A surface mine that has been closed down and which the
operator has maintained in the expectation of reopening it when conditions justify.
Terrace.
(1) In the case of a grading or surface mining operation, a terrace is a relatively level step
constructed in the face of a graded slope surface for drainage and maintenance purposes.
(2) A terrace is also an outdoor living or activity area constructed with tile, asphalt, concrete or
other paving laid upon continuous base material or fill, placed directly on grade.
Transitional housing. Buildings configured as rental housing developments, but operated under
program requirements that call for the termination of assistance and recirculation of the assisted unit to
another eligible program recipient at some predetermined future point in time, which shall be no less than
six (6) months (Health and Safety Code Section 50675.2(h)). This definition excludes housing for
halfway houses intended for occupancy by parolees or convicted persons, children's homes, halfway
houses, rehabilitation centers, and self-help group homes.
Use. The purpose for which a parcel of land, a premises or building is designed, arranged or
intended, or for which it is or may be occupied or maintained.
Use, accessory. A use accessory to any permitted use and customarily a part thereof, which is clearly
incidental and secondary to the permitted use and does not change the character of the main use.
Use, allowable. A use of land identified in Chapter 9-3 being appropriate in a given zoning district
subject to the standards of this title.
Use, approved. A use of land authorized to be constructed and/or established through issuance of an
approved plot plan, precise plan or conditional use permit.
Use, area. The area of a site used for buildings (main or accessory) and storage area or other
incidental use, but not including parking or landscaping.
Use area, active. All portions of a site and buildings included in the use area, except storage,
parking and landscaping.
Use, new. A use of land which is proposed to be established or constructed after the adoption of this
title.
Use, principal or main. The primary purpose for which a building, structure, or lot is designed,
arranged, or intended, or for which they may be used, occupied, or maintained under this title.
Use, structural. A use of land accompanied by a building or structure (not including fences), on the
same lot of record.
Vacation rental. Any habitable structure, or portion thereof, utilized as a short-term rental for stays
of thirty (30) days or less.
Wall, building. The length of a building wall is the horizontal distance from corner to corner
measured from a plan parallel to the appropriate side, rear or front lot lines.
Watercourse. The normal channel or limits of an intermittent or perennial stream, or other body of
water, during non -flood conditions.
Wet bar. A wet bar is defined as a small counter equipped with a sink for running water consistent
with the following:
(1) A wet bar does not include a stove, built-in microwave, dishwasher, or garbage disposal.
(2) A gas line shall not be installed in proximity to a wet bar.
(3) A wet bar sink shall have a single trap drain size limited to one and one-half (1'/z) inches
maximum.
(4) A wet bar shall include a counter with a maximum four (4) foot length and not to exceed twelve
(12) square feet of total counter space.
Yard. An open space, other than a court, on a lot which space is unoccupied and unobstructed from
the ground upward.
Zero lot line development. A residential project where dwelling units on individual lots of record
are located so they all abut one (1) side property line, without a setback (refer to Figure 9-G).
FIGURE 9-G: ZERO 1:OT.LINE
DF:VFI,OP'%IF"N'1'
Zoning approval. Same as entitlement.