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Home My WebLink AboutPC Resolution 2024-0008PC RESOLUTION 2024-0008 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL AMEND TITLE 9: PLANNING & ZONING, TO ADOPT OBJECTIVE DESIGN STANDARDS AND OTHER RELATED AMENDMENTS FOR CONSISTENCY OBJECTIVE DESIGN STANDARDS (CPP21-0053) WHEREAS, the 2021-2028 6th Cycle Housing Element was adopted by the City Council on November 10, 2020, and found by the California Department of Housing and Community Development to be in substantial compliance with State housing element law; and . WHEREAS, on November 10, 2020, the City Council authorized application for and entering into agreement for the Regional Early Action Planning (REAP) Grant Program funds with the San Luis Obispo Council of Governments (SLOCOG) and Association of Monterey Bay Area Governments (AMBAG); and WHEREAS, the REAP Grant Program is focused on helping jurisdiction implement programs to the accelerate housing production and meet 6"' Cycle Housing Element Regional Housing Needs Allocation (RHNA) requirements; and WHEREAS, the City of Atascadero was awarded REAP Grant Program funds to implement activities identified in the 6th Cycle Housing Element, including Objective Design Standards; and WHEREAS, State law defines objective design and development standards as those that involve no personal or subjective judgement by a public official, and are uniformly verifiable by reference to an external and uniform benchmark and criterion available and knowable by both the development applicant or proponent and public official; and WHEREAS, the Housing Accountability Act (HAA), Government Code section 65589.5, limits a municipality's ability to deny, reduce the density of, or make infeasible a housing development project (2 or more units), emergency shelter, or transitional/Supportive housing that are consistent objective design and development standards; and WHEREAS, California Senate Bill 35, Government Code section 65913.4, and Assembly Bill 2011, Government Code section 65912.110-140 require that qualifying multi -unit residential or mixed-use projects be ministerially approved if in compliance with objective design and development standards; and WHEREAS, the City of Atascadero (6500 Palma Avenue, Atascadero, CA 93422), is considering Zone Change Text Amendments to Title 9 to adopted Objective Design Standards; and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact amendments to Title 9 Planning and Zoning of the Atascadero Municipal Code for consistency with the General Plan and to maintain a clear and legible set of Zoning Regulations that is easily interpreted by the public and staff, and WHEREAS, a timely and properly noticed Public. Hearing upon the subject Planning and Zoning Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and Zoning Text Amendments; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero, California makes the following findings, determinations and recommendations with respect to the proposed Zoning Code Text Amendment: SECTION 1. Findings for Approval. The Planning Commission finds as follows: A. Findings for Zone Text Amendment: 1. FINDING: The Planning and Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. FACT: The proposed zoning code text updates are consistent with the General Plan. 2. FINDING: This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. FACT: The proposed text establishes objective design standards for multi -family and mixed-use developments, consistent with State law, and makes other minor modifications to Title 9 for consistency. 3. FINDING: The Text Change will not, in itself, result in significant environmental impacts. FACT: The proposed text amendment establishes design standards consistent with State law and will not result in an environment impact. SECTION 2. CEQA. This Ordinance is exempt from the California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 7, 2024, resolved to recommend that the City Council introduce for first reading by title only, an Ordinance that would amend the Title 9 of the Atascadero Municipal Code consistent with the following: Exhibit A: Objective Design Standards (Establishment of AMC section 9-4.130) Exhibit B: Title 9 Amendments However, the Planning Commission recommends the following amendment to Section 9- 4.125(a)(5) and conforming edits regarding the same: (5) Street Trees. Minimum fifteen (15) -gallon street trees shall be provided along all public and private street frontages (i) Street Tree Defined. Street trees shall be those trees planted between buildings and public rights of way, as part of a required landscape plan. (ii) Downtown street trees shall be planted in accordance with adopted downtown streetscape standards. (iii) Menu of Options. All projects shall provide street trees along street frontages between the public right of way and building face. Any street trees within the public right-of-way must be approved by the City Engineer. Projects may choose one of the options listed in Subsection a, b, or c to fulfill this requirement. Trees within the below listed tree size categories shall be those trees listed in the City's Engineering standard list, or as otherwise approved by the City based on similar size characteristics (height and spread) and appropriateness for urban planting. a. Large Trees. Large Trees shall be planted within an unpaved planting area and in compliance with Section 9-4.126 as follows: 1. With a maximum spacing of seventy (70) feet on center be- tween trees; 2. With a three (3) -foot minimum distance from back of side- walk; and 3. With a twelve (12) -foot minimum distance to buildings on all sides. 4. Encroachment with flatwork for outdoor amenity spaces may occur provided that a minimum 6 -feet by 6 -feet open planter area is maintained. b. Medium Trees. Medium Trees shall be planted within an unpaved planting area and in compliance with Section 9-4.126 as follows: 1. Within a maximum spacing of forty (40) feet on center be- tween trees; 2. With a three (3) -foot minimum distance from back of side- walk; and 3. With an eight (8) -foot minimum distance to buildings on all sides. 4. Encroachment with flatwork for outdoor amenity spaces may occur provided that a minimum 6 -feet by 6 -feet open planter area is maintained. Accent Trees. Accent Trees shall be planted within an unpaved plant- ing area and in compliance with Section 9-4.126 as follows: 1. Within a maximum spacing of twenty-five (25) feet on center between trees; 2. With a three (3) -foot minimum distance from back of side- walk; and 3. With a five (5) -foot minimum distance to buildings on all sides. 4. Encroachment with flatwork for outdoor amenity spaces may occur provided that a minimum 6 -feet by 6 -feet open planter area is maintained. (i) Tree Species. Tree species shall be consistent with the City's Engineering standard. Another comparable tree not on the City's Engineering standard list may be allowed, subject to the approval of the City Engineer and Community Development Director. Location. Street trees shall be planted outside of the public right of way unless approved by the Public Works Department. (iii) Groupings. Naturalized tree groupings that total the same number of trees indi- cated in Subsections 9-4.125(a)5.i.a.I and 9-4.125(a)5.i.b.I may be allowed for Large and Medium Trees where warranted by unique site conditions, subject to the approval of the City Engineer and Community Development Director. (iv) Installation. All trees within 10 -feet of a public sidewalk or road surface shall be installed with a root barrier and deep root watering system. (v) Maintenance. Maintenance responsibilities shall be per AMC 4-6.04. All street trees must be maintained in a manner that allows the tree to reach its natural height and spread. The use of growth inhibiting substances or pruning practices is prohibited. (vi) Removal and Replacement. Damaged or failing street trees may be removed provided replacements are provided within 8 weeks of removal, unless other- wise approved by the Community Development Director. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner Anderson, and seconded by Commissioner Heath, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Heath, van den Eikhof, Keen (4) NOES: Carranza, Schmidt (2) (0) ABSENT: Hughes (1) ADOPTED: May 7, 2024 4o' F/ATASCADERO, CA n Planning Commission Chairperson Attest: Phil Dunsmore Planning Commission Secretary ATASCADERO OBJECTIVE DESIGN STANDARDS EXHIBIT A: Objective Design Standards (establishment of AMC 9-4.130) Title 9 Planning and Zoning Section 9-4.130 Multifamily and Mixed-use Building Design Standards (a) Purpose. This Section establishes objective design standards (ODS) intended to facilitate high-quality site planning and building design and to accelerate housing production through the clear communication of design objectives and efficient permitting process for qualifying residential and mixed-use development projects. (b) Applicability. This Section applies to: (1) New multifamily residential development consisting of two or more units and mixed-use development pursuant to any provision of state law which references objective design standards, including but not limited to Government Code Section 65589.5 (Housing Accountability Act) and Section 65913.4, as may be amended from time to time; and (2) The following remodels and additions to multifamily residential or mixed-use development: (i) Any upper story addition; (ii) An addition of more than forty percent (40%) of the existing floor area or greater than five thousand (5,000) square -feet, whichever is less; (iii) Remodels where alterations remove more than fifty percent (50%) of the exterior walls or remove more than fifty percent (50%) of the roof framing; and (iv) Conversion of existing nonresidential space to a residential use. (c) Alternative Review Process. Projects that elect to deviate from the objective design standards in this Section shall be subject to the approval of a Conditional Use Permit. (d) Relationship to Other Standards and Requirements. Development projects subject to this Section shall also comply with all other applicable standards and requirements of Title 9 (Planning and Zoning) for the zoning district in which a proposed project is located. Where a conflict exists between the objective design standards set forth in this Section and other Title 9 requirements, these provisions shall apply. (e) Building Types. The objective design standards establish regulations for the following general building types within a multifamily or mixed-use development: Mixed-use, Duplex, Triplex, Fourplex, Multiplex (5+ units), and Cottage Cluster. Where these regulations do not state which standards apply to a particular building type, the standards shall apply to all building types. Table 9.4.130-1: Allowable Building Type by Zoning District Zoning Districts that Allow Multifamilv Residential I Allowable Buildine Tvpes Downtown Commercial (DC) Downtown Office (DO) Commercial Neighborhood (CN) Mixed-use Commercial Professional (CP) Commercial Retail (CR) Commercial Service (CS) DRAFT—MARCH 2024 ATASCADERO OBJECTIVE DESIGN STANDARDS Table 9.4.130-1: Allowable Building Type by Zoning District Zonine Districts that Allow Multifamily Residential I Allowable Building Types RMF -24— High -Density Residential Multifamily Duplex/ Triplex/ Fourplex Multiplex (5+ units) Duplex / Triplex / Fourplex RMF -10 — Medium Density Residential Multifamily Multiplex (5+ units) / Cottage Cluster (f) Building Design and Articulation. (1) Number of Strategies Required by Building Type. All buildings shall incorporate the number of . design strategies indicated in Table 9-4.130-2. Where "all" is indicated, all design strategies in that Subsection must be incorporated. Where a number is indicated, projects must include that number of design strategies, choosing from the design strategy options listed in respective Subsections (3), (4), and (5) below. Table 9-4.130-2: Minimum Required Number of Desien Strateeies by Buildine Tvoe Building Type Minimum Number of Required Design Strategies Incorporated Tier 1 Tier 2 Tier 3Tier 4 Mixed-use in Commercial Zones: Buildings 25 ft or less in length All 0 3 1 Buildings between 25 ft - 50 ft in length All 1 3 1 Buildings more than 50 ft in length All 2 3 _ 2 Mixed Use in DC or DO Zones Buildings 25 ft or less in length All 0 3 1 Buildings between 25 ft - 50 ft in length All 1 3 1 Buildings more than 50 ft in length All 2 3 1 Multiplex (5+ units): Buildings 50 ft or less in length All 1 3 2 Buildings more than 50 ft in Length All 2 3 2 Duplex, Triplex, Fourplex, or Cottage Cluster All 0 2 1 (2) Tier 1 Design Strategies: Required Components. Projects shall comply with all standards listed in this Subsection, as required by Table 9.4.130-2. (i) Minimum Ground Floor Height in Nonresidential Zoning Districts. a. Ground Floor Height. The minimum floor -to -unfinished ceiling height of ground floor spaces shall be ten (10) feet. b. Measured. Floor -to -ceiling height shall be measured from the top of the finished floor to the bottom of the ceiling joists. (ii) Transparencies. All fagades that face streets or pedestrian plazas shall incorporate windows and openings providing light to adjacent spaces, rooms, and uses as follows: a. Nonresidential Ground -Floor Uses. DRAFT — MARCH 2024 2 ATASCADERO OBJECTIVE DESIGN STANDARDS 1. Windows and openings of nonresidential uses on the ground floor facing primary streets shall constitute a minimum of thirty percent (30%) of the ground floor street -facing building fagade. 2. Windows and openings of nonresidential uses on the ground floor facing a street other than a primary street shall constitute a minimum of twenty percent (20%) of the ground floor street -facing building fagade. Figure 4-a: Transparencies 3. Windows shall provide a clear and transparent view into ground -floor nonresidential uses, or shall display merchandise to reinforce a pedestrian scale. See Section 9-4.130(i)(2)(ii) regarding allowed tinting. 4. The ground floor street -facing building fagades shall be measured from the ground floor of the first story to the finished floor of the second story. b. Nonresidential Upper -Floor Uses. Windows and openings of nonresidential uses on upper floors that face streets shall constitute a minimum of fifteen percent (15%) of upper floor street -facing building fagades. Upper -floor street -facing building fagades shall be measured from the finished floor of the second story to the finished ceiling of the uppermost story. c. Residential Uses. Windows and openings of residential uses shall constitute a minimum of fifteen percent (15%) of all street -facing and common area facing building fagades. (iii) Windows. A minimum of eighty percent (80%) of windows (based on window square footage) shall be inset by at least two (2) inches from face of glass to face of trim (or to face of exterior wall if there is no trim). (iv) Blank Walls. The maximum length of any blank wall that is visible to adjacent properties or rights of way, (meaning without a window, opening, or other massing DRAFT — MARCH 2024 3 --e_.,_ —'---- - Windows and openings -_ ._„ . _ _ �_—_— .—. -•-- nonresidential ground floor uses I ) - (X + Y) square feet Ground floor street -facing - r 1 I building facade (A x B) square feet i I (X + Y) square feet greater than or equal to 30% of (A x B) square _ feet along primary streets 3. Windows shall provide a clear and transparent view into ground -floor nonresidential uses, or shall display merchandise to reinforce a pedestrian scale. See Section 9-4.130(i)(2)(ii) regarding allowed tinting. 4. The ground floor street -facing building fagades shall be measured from the ground floor of the first story to the finished floor of the second story. b. Nonresidential Upper -Floor Uses. Windows and openings of nonresidential uses on upper floors that face streets shall constitute a minimum of fifteen percent (15%) of upper floor street -facing building fagades. Upper -floor street -facing building fagades shall be measured from the finished floor of the second story to the finished ceiling of the uppermost story. c. Residential Uses. Windows and openings of residential uses shall constitute a minimum of fifteen percent (15%) of all street -facing and common area facing building fagades. (iii) Windows. A minimum of eighty percent (80%) of windows (based on window square footage) shall be inset by at least two (2) inches from face of glass to face of trim (or to face of exterior wall if there is no trim). (iv) Blank Walls. The maximum length of any blank wall that is visible to adjacent properties or rights of way, (meaning without a window, opening, or other massing DRAFT — MARCH 2024 3 ATASCADERO OBJECTIVE DESIGN STANDARDS break), shall be limited to twenty (20) feet in length, applicable to each story of any development. (v) Corner Treatments. For mixed-use projects, the corner(s) of a building located at the intersection of two streets (or a street and a public plaza) shall incorporate at least two (2) of the features listed below within twenty-five (25) feet of the corner of the building: a. An entry to ground floor retail or primary building entrance. b. Change in material from the rest of the fagade, applied to a minimum of eighty (80) percent of the building height. See Section 9-4.130(i)(1). c. Change in color from the rest of the fagade, applied to a minimum of eight (80) percent of the building height. Colors shall be returned at least four (4) feet from exterior corners or dead end into a projecting or recessed massing break on the perpendicular wall, whichever is less. (This option may not be chosen as one of the two required features if a change in material is chosen as the other required feature.) d. Change in fenestration pattern from the rest of the fagade, applied to a minimum of eight (80) percent of the building height. e. A three-dimensional tower element, which extends between three (3) and six (6) feet in height above the top of the adjacent building fagades or a change in height of at least four (4) feet above or below the height of the abutting adjacent fagade; and/or f. A different roof type from the roof type associated with the abutting adjacent fagade. (see section 9-4.130(g)(3)) (3) Tier 2 Articulation/Design Strategies: Wall Plane Variation. All fagades facing the public right-of- way shall include variation that cumulatively equals at least twenty-five percent (25%) of the total fagade plane area that faces the public right-of-way. To achieve the twenty-five percent (25%) wall plane variation, projects shall incorporate, at a minimum, the number of design strategies identified in Table 9.4.130-2 for Tier 2, choosing from the list of design strategies in Subsection (f)(3)(i). (i) Menu of Wall Plane Variation Design Strategy Options. a. Plaza or forecourt. Provide a plaza or forecourt framing the entrance. The minimum dimensions of a plaza or forecourt shall be a minimum of twelve (12) feet in depth by twenty percent (20%) in length, measured as a percentage of the building fagade's length. b. Upper story stepback. Provide an upper story (top -most or all stories above ground floor) front stepback, a minimum of eight (8) feet in depth by at least fifteen percent (15%) in length of the primary street -facing building fagade. c. Balconies. Provide balconies in compliance with Section 9-4.130[g][2]), which may be recessed or projected. d. General Massing Break. Provide a general massing break (recessed or projected) with minimum dimensions of one (1) foot in depth by three (3) feet in length by eight (8) feet in height. DRAFT— MARCH 2024 4 ATASCADERO OBJECTIVE DESIGN STANDARDS e. Full Brick Fagade. Brick or brick veneer shall cover at least ninety percent (90%) of the total nontransparent fagade, allowing ten percent (10%) for trim and accents. For building facades less than fifty (50) feet in length, if all fagades fronting the public right-of-way are finished with brick or brick veneer, the project is exempt from the twenty-five percent (25%) wall plane variation requirement indicated in Subsection 9-4.130(f)(3). See also Subsection 9-4.130(i)(1)(ii) regarding returning materials at corners. Figure 4-b: Wall Plane Variation Options WALL PLANE VARIATION OPTIONS Upper story stepback Balconies Plaza/Forecourt General Massing Break Figure 4-c: How to Measure Wall Plane Variation 0 .() WALL PLANE VARIATION OPTIONS Upper story stepback QBalconies ® Plaza/Forecourt ® General Massing Break HOW TO MEASURE (Sum of V) + (Sum of X) + (Sum of Y) + (Sum of 2) square feet greater than or equal to 25% of (A x B) square feet along primary streets DRAFT — MARCH 2024 5 ATASCADERO OBJECTIVE DESIGN STANDARDS (ii) Vertical Elements on Horizontal Buildings. Buildings longer than fifty (50) feet shall include at least one (1) Tier 2 design strategy that adds a vertical element to offset the horizontal length of the building. The vertical element shall be taller than it is wide. Figure 4-d: Vertical Elements BUILDINGS LONGER THAN 50 FEET Vertical elements shall be taller than they are wide (iii) Wall Plane Variation Projections into Front Setbacks. Up to fifty percent (50%) of the wall plane variation requirement shall be allowed to encroach into a required front setback two (2) feet or more beyond the required front setback. However, in no case shall a building encroach into the public right-of-way. Figure 4-e: Projections into Front Setbacks Sum of C5 SO% of B Building Footprint Rppuired Front S; . , ..�..._...-.....-..... . PropeKytine Wall Plane Variation B = 50% of A Allowed projection (square feet) into front setback not to exceed 2 feet (iv) Measurement. Wall plane variations shall be measured from the building's ground - floor footprint, regardless of the setback. (4) Tier 3 Articulation/Design Strategies: Fenestration and Materials. Projects shall incorporate, at a minimum, the number of design strategies identified in Table 9.4.130-2 for Tier 3, choosing from the following list of design strategies: (i) For nonresidential uses, provide awnings with a minimum three-foot (3) depth, covering at least seventy-five percent (75%) of windows and doors on the ground floor (see Section 9-4.130[g][1]) on street facing facades. DRAFT — MARCH 2024 6 ATASCADERO OBJECTIVE DESIGN STANDARDS (ii) Exceed all applicable minimum transparency requirements (per Section 9- 4.130[f][2][ii]) by an additional five (5) percentage points on fagades facing streets and common open space areas. (iii) Window trim, with a minimum width of three and a half (3%) inches and depth of three-quarters (3/4) of an inch, applied to one hundred percent (100%) of all windows on fagades facing streets and common open space areas. (iv) Window frame material that is not white vinyl (all windows). (v) Lintels applied over at least fifty percent (50%) of all window and door openings on fagades facing streets and common open space areas. (vi) Windowsills projecting a minimum of two (2) inches beyond the building fagade, applied to at least fifty percent (50%) of all window openings on fagades facing streets and common open space areas. (vii) Decorative trim materials applied to define a fagade plane change between stories (not at the roof level) such as molding, cornice, corbeled end beams, and/or rafter tails, projecting a minimum of 18 inches beyond the building fa4ade and running the length of the fagade plane change, which shall be applied to no less than 50 percent of the street -facing fagade length. Figure 4-f: Decorative Trim ' I B >_ 50% of A JJ IT +t II' 1 midi. 177�_- (viii)Post and beam supports, with a minimum dimension of six inches, applied under all balconies. DRAFT— MARCH 2024 7 ATASCADERO OBJECTIVE DESIGN STANDARDS Figure 4-g: Post and Beam Supports (ix) Use of a secondary cladding material that is different from the primary cladding material as follows (see Section 9-4.130[i][1] for materials requirements): a. Duplex, Triplex, Fourplex, or Cottage Cluster. Secondary cladding material applied for a minimum of ten percent (10%) of any street -facing fagade area (excluding windows and doors), or four (4) feet of cladding along the base for the full length of the street -facing fagade. Multiplex and Mixed Use. Secondary cladding material applied for a minimum of twenty-five percent (25%) of any street -facing fagade area (excluding windows and doors), or the first story of the street -facing fagade (measured from the finished floor of the first story to the finished floor of the second story). (5) Tier 4 Articulation/Design Strategies: Roofs. Development projects subject to this Section shall implement the number of components listed in Table 9.4.130-2 (Minimum Required Number of Articulation/Design Strategies by Building Type) for Tier 4 (Roofs), choosing from the following list of strategies: (i) Eaves and rakes, with an eighteen -inch (18) minimum projection, on all roof sections. (ii) Corbeled end beams or rafter tails at eaves, projecting a minimum of sixteen (16) inches beyond the building fagade and placed at a distance of between two (2) and three (3) feet between each corbeled end beam/rafter tail, for the length of each roof eave. (iii) A cornice either: Projecting a minimum of one (1) inch and a maximum of eight (8) inches, extending the length of the building except for areas with a continuous vertical feature; or b. On an all brick building, a soldier row. (iv) Variation in the roof profile, by either: DRAFT — MARCH 2024 ATASCADERO OBJECTIVE DESIGN STANDARDS a. Varying the height of the same roof type by at least eighteen (18) inches in height for one (1) to three (3) unit exposed on that elevation; b. Varying the pitch of the same roof type by fifteen percent (15%); c. Adding gables, equal to at least forty percent (40%) of the fagade length. Figure 4-11h: Gables E � f 1 A= Bx40% (v) Combining more than one roof type; the secondary roof type shall represent at least fifteen percent (15%) of the total roof line. See Section 9.4-130[g][3] for roof standards. Implementation of this option may also be used to comply with Section 9- 4.130(f)(2)(v)(f) if applied at a corner. (vi) Dormers applied to at least fifty percent (50%) of the windows of a street -facing upper floor, but no less than two (2) windows. (g) Requirements for All Awnings, Balconies, Roofs, Mechanical Equipment, and Detached Accessory Structures. The following standards shall apply to all awnings, balconies, roofs, mechanical equipment, and detached accessory structures: (1) Awnings. (i) Awnings shall be a minimum of five percent (5%) larger than the width of the opening to emphasize building proportions. (ii) Awnings shall be aligned with awnings on adjacent buildings within plus or minus one (1) foot in height unless the ground -floor elevation is more than plus or minus one (1) foot from other buildings due to topography changes. (iii) Awnings shall be constructed of canvas, wood, or metal. (iv) Awnings or canopies may encroach into the public right-of-way over the sidewalk, extending to a distance within two (2) feet from the face of a curb. Any awning that DRAFT — MARCH 2024 9 ATASCADERO OBJECTIVE DESIGN STANDARDS encroaches into the public right-of-way shall maintain a minimum vertical clearance above the sidewalk of eight (8) feet as measured from grade. (2) Balconies. (i) When private balconies project from a building facade, the maximum depth shall be ten (10) feet, measured from the building's ground -floor footprint. (ii) To count toward required open space, balconies shall be a minimum of six (6) feet in width and four (4) feet in depth, and eight (8) feet in height. Balconies that do not meet these minimum dimensions may still be used as a design strategy to meet Tier 2 minimum requirements per Table 9-4.130.2. (iii) When balconies project into the public right-of-way, such balconies shall maintain a minimum vertical clearance above the sidewalk of sixteen (16) feet. Figure 4-i: Balcony Project/Recess (3) Roofs. (i) Allowed Roof Types. Roofs shall be one of the following types: a. Gable; b. Flat; c. Shed; or d. Hipped. (ii) Regulations for Flat Roofs. Flat roofs, applied as either a primary or secondary roof type, are allowed provided they incorporate at least one of the following: a. A cornice, projecting a minimum of four (4) inches and a maximum of eight (8) inches, extending the length of the flat roof. DRAFT —MARCH 2024 10 ATASCADERO OBJECTIVE DESIGN STANDARDS b. Eaves with an eighteen (18) inch minimum projection, extending the length of the flat roof. c. For buildings with a full brick fagade in compliance with Section 9.4-130(f)(3)(i)(e), use of a soldier course on the topmost row (perpendicular to the rest of the field), as a border treatment. (iii) Regulations for Gable Roofs. Where the nonvertical side of a gable roof faces the street or a common area, additional gables equal to at least twenty-five percent (25%) of the fagade length are required along the street -facing or common area facing side. If no additional gables are provided, the vertical side of a gable shall be oriented toward the street. (iv) Regulations for Shed Roofs. Shed roof types, applied as either a primary or secondary roof type, shall be subject to the following standards: a. A pitch of at least two (2) in twelve (12); and b. Eaves with a two (2) foot minimum projection, extending the length of the shed roof. (v) Prohibited Roof Types. Mansard roof types are prohibited. (4) Mechanical Equipment. Mechanical equipment shall be screened pursuant to Section 9-4.128 (Fencing and screening). (5) Detached Accessory Structures. Detached accessory structures shall be designed to be consistent with the architecture of the main building, using the same materials and colors. (h) Entryway Standards. (1) Allowable Entryway Types by Building Type. (i) All building designs shall incorporate at least one (1) of the entryway types allowed for that building type, as identified in Table 9.4.130-3 and described in Subsections (2) and (3) below. Table 9.4.130-3: Allowed Entrvwav Tvves by Buildine Tvr)e Building Type Entryway Type Shopfront Arcade Stoop/Porch Mixed-use Allowed Allowed Multiplex (5+ units) - Allowed Allowed Duplex, Triplex, Fourplex, or Cottage Cluster - Allowed (2) Requirements for All Entryway Types. (i) Entries associated with individual ground -floor dwelling units or a lobby entrance serving several units shall be oriented toward a street or internal pathway/courtyard. (ii) Within vertical mixed-use buildings, pedestrian access to the residential uses shall be separate from access points to commercial uses, such as via a lobby. (3) Standards for Individual Entryway Types. (i) Shopfront Entryway Requirements. DRAFT — MARCH 2024 11 ATASCADERO OBJECTIVE DESIGN STANDARDS Table 9.4.130-4: Shopfront Entryway Elements Shopfront Element Minimum A Width of storefront bay(s) 6 feet B Height to bottom of awning/canopy (clear) 8 feet C Height of bulkhead 2 feet a. A shopfront entry may be recessed or in line with building footprint. b. Storefront glass must be clear without reflective coating and must comply with Section 9-4.130(i)(2)(ii). c. Glass in transom and clerestory windows may be clear, stained glass, or frosted glass. d. Doors shall use the same materials and design as display windows and framing. e. Bulkheads, where used, may include any of the following materials: ceramic tile, wood panels, polished stone, or glass tile. f. Awnings shall comply with Section 9-4.130(g)(1). Figure 4-j: Shopfront Entry DRAFT—MARCH 2024 12 ATASCADERO OBJECTIVE DESIGN STANDARDS (ii) Arcade Entryway Requirements. Table 9.4.130-5: Arcade Entrvwav Elements Arcade Element Minimum A Depth - fagade to interior column face 8 feet B Length along frontage - percent of building fagade width 75% C Height - sidewalk to ceiling 12 feet a. Along primary frontages, arcade column spacing shall correspond to building entries. b. Column height shall be between four (4) to six (6) times the column width. Column spacing and colonnade detailing, including lighting, shall be consistent with the style of the building to which it is attached. c. If applied to a stand-alone residential building, an arcade's elevated walkway shall not count as a design strategy to meet the wall plane variation requirements of Section 9-4.130(f)(3). Figure 4-k: Arcade Entry (iii) Porch Entryway Requirements. Table 9.4.130-6: Porch Frontaee Elements DRAFT — MARCH 2024 13 Cottage Cluster, Duplex/Triplex/Fourplex Multiplex Frontage Element Minimum Maximum Minimum Maximum A Depth (not including stairs) 4 feet - 7 feet -- B Width 6 feet 12 feet -- DRAFT — MARCH 2024 13 ATASCADERO OBJECTIVE DESIGN STANDARDS Table 9.4.130-6: Porch Frontage Elements Cottage Cluster, Multiplex Duplex/Triplex/Fourplex Frontage Element Minimum Maximum Minimum I Maximum C Floor Height (measured from 5 feet -- 4 feet adjacent finished grade) D Height (measured from porch 8 feet 12 feet 9 feet 12 feet floor to ceiling) a. Porches shall correspond directly with the building entry(s) to which the porch provides access. Porches may include a gabled entry, distinct change in roof line or columns, or have some other significant architectural distinction to define the entryway. b. Exterior stairs leading to the porch may be perpendicular or parallel to the adjacent sidewalk. c. Landscaping shall be planted to the sides of the landing, either at grade or in raised planters. For porches greater than six (6) feet in width, landscaping may be provided next to the porch or on the porch landing, either at grade or in raised planters. d. For projecting porches, porch depth shall be measured between the wall and the outside column face. Porch width shall be measured from the outside of corner columns. Where no columns exist (in the case of a cantilever or half wall), porch width and depth shall be measured from the edge of any stoop and the inside edge of any half wall. e. For recessed porches, porch depth shall be measured between the recessed portion of the wall and the ultimate building fagade. Porch width shall be measured between the walls, with no point being less than the required minimum width. Figure 4-I: Projecting Porch Entry DRAFT — MARCH 2024 14 ATASCADERO OBJECTIVE DESIGN STANDARDS Figure 4-m: Recessed Porch Entry V a� (i) Building Materials and Colors. (1) Exterior Wall Building Materials. (i) Allowed and Prohibited Exterior Wall Materials. Table 9-4.130-7 identifies allowed and prohibited exterior building wall materials. DRAFT— MARCH 2024 15 ATASCADERO OBJECTIVE DESIGN STANDARDS Table 9-4.130-7: Exterior Wall Buildine Materials Wall Materials Standard Additional Regulations Brick (including brick veneer) P A Stone (unpainted) P Veneer (not panels) Stucco P Fine sand or hand troweled only Finished wood, wood veneer, P T-111 Plywood engineered wood, wood siding Rough stucco N Fiber cement siding and panels P Plaster (rated for outdoor use) P Metal (standing seam, coreten, or P If colored, must be factory powder corrugated) coated and not applied after market. Exterior Insulation Finishing System I P (EIFS) Concrete (poured in place or I S Ni ct-aaLJ Ceramic tile S Glass (transparent spandrel) A Glass (block) A Vinyl N Plastic N Gloss tiles N T-111 Plywood N Rough stucco N P: Primary or secondary material S: Secondary or accent material only A: Accent material only N: Not allowed/prohibited (ii) Veneers and Secondary Cladding Materials. Veneers and secondary cladding materials shall be returned at least four (4) feet from exterior corners or dead end into a projecting or recessed massing break on the perpendicular wall, whichever is less. (iii) Application Requirement. Detailed drawings shall indicate how sheet or panelized materials will be joined, and how lines formed by control joints related to other architectural details shall be provided. (2) Windows and Doors. (i) Mirrored glass is prohibited. (ii) Dark tinted glazing is prohibited; lightly tinted glazing that is less than fifteen percent (15%) and low emissivity is acceptable. (iii) Simulated divided lites are prohibited. (3) Cornices. Exterior decorative molding and cornices constructed with polyurethane foam are prohibited. (4) Color Variety. (i) The number of colors appearing on the entire building wall exterior shall be at least two (2) and not more than four (4) (or four (4) tones of the same color), including trim and accent colors. A different color roof shall not count as a different color for the purposes of this subsection. DRAFT— MARCH 2024 16 ATASCADERO OBJECTIVE DESIGN STANDARDS (ii) Certain materials (such as brick or stone) have distinct coloring in their natural state and shall count as an element of color, to be incorporated into the overall design. (j) Transition to Abutting Rural and Single Family Uses. Where the side or rear property line abuts a property in the RR, RS, RSF, or LSF zoning districts, the following standards shall apply. (1) Minimum Setback. Multiplex (5+ units) and Mixed -Use with five units or more shall be setback at least ten (10) feet from the abutting RR, RS, RSF, or LSF zoning district property line. (2) Upper Story Stepback/Building Setback. Multiplex (5+ units) and Mixed -Use with five units or more shall comply with one of the following: (i) Upper Story Stepback. For buildings within fifteen (15) feet of an abutting RR, RS, RSF, or LSF zoning district, a minimum six-foot (6) stepback shall be provided on any of the portions of the building above 25 feet, applied to the fagade of the building that faces the abutting RR, RS, RSF, or LSF zoning district; or (ii) Building Setback. Alternatively, the entire building may be set back at least fifteen (15) feet from the abutting RR, RS, RSF, or LSF zoning district property line. DRAFT — MARCH 2024 17 Figure 4-n: Upper Story Stepback is ft. min. Figure 4-0: Building Setback ATASCADERO OBJECTIVE DESIGN STANDARDS i RR, RS, RSF, or j LSF Zoning District i c G O LL t d O :o a` m 1.0 ft_ min. 6 k. min. 25 ft. max. I RR, RS, RSF, or SF Zoning District DRAFT— MARCH 2024 18 ATASCADERO OBJECTIVE DESIGN STANDARDS (3) Balcony Orientation. Balconies on buildings visible from and within 30 feet of the adjacent RR, RS, RSF, or LSF zoning district shall not be oriented toward the adjacent RR, RS, RSF, or LSF zoning district property line. (4) Landscape Buffer. A minimum five -foot -wide (5) landscape buffer (clear of any wall footings) shall be provided adjacent to a RR, RS, RSF, or LSF zoning district. Evergreen screening trees shall be: (i) Planted at a minimum interval of fifteen feet (15) along interior property lines abutting an RS, RSF, or LSF zoning district; (ii) Consist of species that attain a twenty -foot (20) minimum height at maturity; and (iii) Minimum fifteen -gallon (15) size at time of planting. (5) Screening Wall. A solid wall or fence not less than six (6) feet in height shall be placed and maintained on interior lot lines abutting property zoned for single-family residential use. (k) Additional Standards for Mixed-use (1) Ground Floor Space. Ground floor residential -serving spaces shall be limited to essential residential amenities including lobbies, mail areas, access to units, bicycle storage, and mechanical equipment, and shall not include gyms or other common interior gathering or recreation areas. (2) Mailboxes. In mixed-use developments, separate mailboxes and package delivery/pick-up areas shall be provided for the residential and commercial components of a project. (1) Additional Standards for Cottage Clusters (1) Applicability. All detached dwelling units, including attached single-family duplex units, constructed in multifamily zoning districts shall comply with this Section. Any housing project seeking a small lot subdivision must meet all of the following standards: (2) Site Planning. (i) A single cottage cluster must contain a minimum of three (3) and a maximum of twelve (12) cottages. A cottage cluster project may include more than one (1) cluster with more than one (1) associated common courtyard. There is no limit to how many cottage clusters are permitted on a single lot. (ii) All cottages within a single cottage cluster, with five (5) or more units, must share a common courtyard. Four (4) or fewer cottages within a cottage cluster are not required to provide a common courtyard. (iii) Garages and carports (whether shared or individual) shall not abut more than twenty- five percent (25%) of a common courtyard's perimeter. (iv) Allowed building types include single units and duplexes. (v) Where the parent parcel frontage is less than 100 -feet, access shall be consolidated with one driveway serving all units, with the exception of existing access to an existing unit proposed to remain where that access cannot be designed to become the shared accessway. (3) Setbacks. (i) The setbacks from adjacent property lines along the perimeter of the cottage cluster development shall be the same as required by the underlying zoning district. DRAFT — MARCH 2024 19 ATASCADERO OBJECTIVE DESIGN STANDARDS (ii) Cottage structures (comprised of either individual units or duplexes) shall be separated by a minimum distance of six (6) feet between walls. (4) Maximum Footprint. The footprint of each cottage shall not exceed eight hundred (800) square feet for a single detached unit and one thousand (1,000) square feet for a duplex. A communal garage or parking structure is permitted and is not subject to the maximum footprint requirements for cottages. The building footprint shall be measured by calculating the total square foot area of a building, when viewed directly from above, that covers a portion of a lot, except that the following structures or parts of structures shall themselves not be included in calculating building footprint: (i) Any part of a structure without a roof. (ii) Roof eaves. (iii) Carports, porches, and balconies that are open at least 50 percent of their respective sides. (iv) Detached garages or accessory buildings. (5) Open Space. All cottage cluster developments shall comply with Section 9-3.262(c) requirements for outdoor recreation or gathering areas, except cottage cluster developments with five (5) or more units shall have a common open space area (courtyard) to be shared by residents, subject to the following standards: (i) The common courtyard shall be at least fifteen (15) feet wide at its narrowest point and no less than four hundred (400) square feet. (ii) Each cottage within a cluster must either: f. Abut the common courtyard; g. Have a main entrance facing the common courtyard; or h. Be within ten (10) feet from a pedestrian path connecting to the common courtyard, measured from the fagade of the cottage, to the nearest edge of the pedestrian path. A pedestrian path may include a common driveway crossing with alternative paving. (iii) The common courtyard shall be developed with a mix of landscaping, passive recreation area, pedestrian paths, and/or paved courtyard area, and may also include recreational amenities. Impervious elements of the common courtyard shall not exceed seventy-five percent (75%) of the total common courtyard area. (iv) Construction and installation of common area amenities shall be completed prior to approval of the final building permit for any unit abutting the courtyard. (6) Fences. (i) Exterior Fences Delineating the Original Project Boundary. Fences located along the original project boundary's front, side, and rear property lines shall comply with Section 9-4.128(c)(1)(ii). (ii) Interior Fences Delineating Private Yards and Common Open Spaces. a. Fencing located within the interior of the original project site perimeter used to delineate private yards and common open space areas: 1. Shall not exceed forty-two (42) inches in height; DRAFT—MARCH 2024 20 ATASCADERO OBJECTIVE DESIGN STANDARDS Shall be at least fifty percent (50%) transparent; and Shall not consist of solid (e.g., board, cinder block), chicken wire, or white vinyl fencing (examples of allowed fencing material include split rail and framed welded wire fencing. b. Exception: Fencing used to delineate private yards within 10 feet of the original project boundary's side and rear property lines may choose to instead comply with Section 9-4.128(c)(1)(ii). (7) Pedestrian Access. (i) A pedestrian path shall be provided that connects the main entrance of each cottage to the following: a. The common courtyard (for clusters of five or more units) b. Shared parking areas; c. Sidewalks; and d. Public rights-of-way abutting the site. (ii) The pedestrian path must be hard -surfaced (concrete, asphalt, or pavers) and a minimum of three (3) feet wide. (8) Existing Structures. An existing single-family dwelling and accessory uses and buildings on a lot to be used for a cottage cluster project may remain within the cottage cluster project area provided the structures comply with the standards in Subsections i — iii below. (i) The existing dwelling may remain and be nonconforming with respect to the requirements of Section 9-4.130(1) (Additional Standards for Cottage Clusters). (ii) The existing dwelling may be altered or expanded up to the allowed maximum height and maximum building footprint per Section 9-4.130(1)(4) (Maximum Footprint). Existing dwellings that exceed the maximum height and/or footprint standards may not be expanded. (iii) The existing dwelling shall be excluded from the calculation of maximum average dwelling size of a cottage cluster, per Section 9-3.331(g). (9) Small Lot Subdivisions. For housing developments pursuing subdivision under the provisions of this Section, the following shall also be required: (i) All small -lot subdivisions within a multifamily zoning district must meet the cottage cluster standards (Section 9-4.103[1]) in addition to all applicable objective design standards for multi -family development (Section 9-4.130). (ii) A Master Plan of Development (approved in the form of a Conditional Use Permit) of the site shall be approved in accordance with applicable objective design standards set forth in Section 9-4.130. All construction and development shall be completed in conformance with the approved Master Plan of Development. (iii) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. (iv) Deed covenants and easements for shared amenities shall be recorded prior to recordation of the final map. DRAFT — MARCH 2024 21 ATASCADERO OBJECTIVE DESIGN STANDARDS (iv) Alternative Compliance. For projects that meet the definition of a "small home lot development" pursuant to Government Code Section 66499.40, where a conflict exists between this Section and Government Code Section 66499.40, Government Code Section 66499.40 shall prevail. (m) Definitions 1. Abut. Contiguous to having district boundaries or lot lines in common (i.e., not separated by an alley, public or private right-of-way, or street). 2. Arcade. An Entryway Type where the facade is a colonnade on the ground floor that overlaps a walkway parallel to the front elevation of a building. 3. Articulation. The breaking up of a flat and uniform building fagade by using recessed wall areas, indents, projections, changes in building materials, and detailed projecting features such as stoops, bay windows, awnings, canopies, and/or balconies. 4. Bay Window. A window or series of windows projecting from the outer wall of a building and forming a recess within. 5. Building Footprint. The area of the ground surface occupied by an existing or proposed structure, measured from exterior wall to exterior wall at the base of the structure. 6. Cornice. A moided and projecting horizontai feature that crowns a fagade. 7. Cottage Cluster. A grouping of no fewer than three detached dwellings. 8. Duplex. A residential building with two units. 9. Dormer. A vertical window that projects from a sloping roof, which may be gabled or hipped. 10. Fagade. Any exterior face or wall of a building. 11. Flat Roof. A roof without any sloped sides, with a pitch of ten (10) degrees or less. 12. Forecourt. Open area in front of a building's entrance surrounded by walls on at least three sides. 13. Fourplex. A residential building with four units. 14. Gable Roof. A roof with two slopes joining at a single ridge line and a gable at each end. 15. General Massing Break. See "Massing Break." 16. Hipped Roof. A roof with four sloped sides. The sides meet at a ridge at the center of the roof. Two of the sides are trapezoidal in shape, while the remaining two sides are triangular, and thus meet the ridge at its endpoints. 17. Lintel. A horizontal element over an opening, often found spanning doors or windows. Lintels can be structural/load bearing or ornamental. 18. Mansard Roof. A roof with two slopes on each of four sides, the lower steeper than the upper, or culminating in a flat roof at the ridge line. 19. Massing. The three-dimensional bulk of a structure: height, width, and depth. 20. Massing Break. Recess/projection measured from the building footprint with minimum dimensions of one (1) foot in depth by three (3) feet in length by eight (8) feet in height. 21. Mixed-use. 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. DRAFT — MARCH 2024 22 ATASCADERO OBJECTIVE DESIGN STANDARDS 22. Multiplex (5+ units). A residential building with five or more units. 23. Occupied Space. An enclosed space in a building intended for human activities, including bathrooms and circulation, but not including vehicle parking or space for other building functions such as storage, solid waste storage, building equipment, or computer servers. 24. Plaza. A public square or open space accessible to the public. 25. Porch. An Entryway Type, usually with outdoor steps, stairs, and/or a raised platform, where an entry door and corresponding landing area (entrance) are provided on the front elevation of a building on the ground floor, for the purpose of providing pedestrian access from the outdoor ground elevation to a building interior. A porch can be recessed or projected, but must be covered. 26. Public Realm. The area outside a building accessible or visible to the public, including public right-of- way, sidewalk easement, and publicly accessible open space. 27. Shed Roof. A roof shape having only one (1) sloping plane. 28. Stepback. The required or actual placement of a building a specified distance away from a road, property line, or other structure at a level above the first floor. 29. Street. A public or private right-of-way. 30. Transparency. The ability of a building or structure to visually transmit light, allowing for a clear view of the interior or exterior spaces via doors and windows. 31. Triplex. A residential building with three (3) units. 32. Unoccupied Space. An enclosed space in a building not intended for human activities but only for building services, such as storage, trash, equipment, building utilities. 33. Wall Plane Variation. Change in condition, character, or form of a continuous exterior wall implemented through one or more options outlined Section 9-4.130(f)(3)(ii). DRAFT — MARCH 2024 23 EXHIBIT B: Proposed Municipal Code Text Amendment- Title 9 9-2.107 Design Review Committee. (a) Purpose. The Design Review Committee is established to implement the goals and policies of the General Plan. The intent is to ensure that the physical design of new development meets the following objectives: (1) -Maintaining the rural character and identity of Atascadero; (2) Enhancing the appearance and character of the City; by reviewing the architecture and site plans for commercial, office, industrial, single-family residential subject to CEQA, and multifamily or mixed-use residential projects that are requesting a discretionary approval or exception; (3) Ensuring that development is compatible with surrounding uses and improvements by requiring building designs that provide appropriate visual appearance and site plans to mitigate neighborhood impacts. (b) Design Review Committee—Composition. The City Council shall appoint the Design Review Committee. The Design Review Committee shall consist of the following: (1) Two (2) members of the City Council; (2) Two (2) members of the Planning Commission; (3) One (1) at large member resident of the City. This at large member shall be a resident of the City. The Council shall choose an at large member that best fits the intent of the Design Review Committee. (c) Terms of Service. The Design Review Committee members from the City Council and Planning Commission shall serve a two (2) year term. This service term shall commence at the date of appointment. The at large member resident shall have a service term of two (2) years. This term shall begin at the date of appointment by the City Council. (d) Authority. The Design Review Committee has the authority to approve and make recommendations to the review authority (Director, Planning Commission, or City Council, depending on the project) in regards to the architectural appearance, signage, site plan, and landscape plan of the following projects: (1) All multifamily residential projects that do not comply with Section 9-4.130 (Multifamily and Mixed-use Building Design Standards) or that require discretionary action; (2) All nonresidential projects, including commercial, office, industrial, and mixed-use developments that do not comply with Section 9-4.130 fMultifamil ; and Mixed-use Building Design Standards) or that require discretionary action, and :ndustr4al .level^.,. ent ; (3) tPpublic facility projects and buildings located in a highly visible area; (4) Development in an open space zoning district; (5) Any residential single F-mily msidential development requesting a planned development peiinitF (65) Development projects requiring a conditional use permit, zone change (including reguests fora planned development overlay zone). or general plan amendment. (e) Meeting. The Design Review Committee shall convene was needed. This meeting shall be open to the public and consist of a quorum of the Committee, the Community Development Director or their designee, and pertinent City staff members and the applie . Quality Code Data 11/1/2022, Page 1 (f) Appearance Review Approval. The Design Review Committee shall take into consideration the following criteria in either approving or endorsing the design of a project, or making recommendations for projects that require Planning Commission and/or City Council approval. The Design Review Committee may require or recommend additional conditions of approval. The following is a list of criteria that the Design Review Committee shall take into consideration: (1) Project design consistency with T -the goals and policies established by the General Plan; (2) Pro'ect design consistency with the Gguidelines and standards for development set forth in the Atascadero Municipal Code and by the Appearance Review Manual; (3)Finding that the proposed development plan is compatible with, and is not detrimental to, surrounding land uses, and improvements provide appropriate visual appearance. (g) Determination. (1) The Community Development Director shall provide the applicant with correspondence regarding the outcome of the meeting, including any additional recommendations or conditions j of approvals that mare required or recommended by the Committee. (h) Compliance. All requirements imposed by the Design Review Committee shall be incorporated into a building permit and completed prior to permit final, unless altered by the decision-making body. Failure to comply with the requirements of the Design Review Committee for projects over which they have approval authority- constitutes a violation of this code. (i) Appeals. Appeals of final decisions from the Design Review Committee, where the committee acts as the decision-making body, shall be made to the Planning Commission and filed within fourteen days (14) days of the Design Review Committee's decision. Any additional appeals shall be consistent with Section 9-1.111 of this chapter. If the Design Review Committee cannot reach a decision on a design review issue, the Committee may refer this issue to the Planning Commission. 9-2.109 Precise plan. La�Precise plan approval is required when a development or use of land is listed in a particular zoning district as an allowable use and when it is determined by the Pit+g-Community Development Director that the development project, or the establishment of a use of land which is not a development project, is not eligible for a categorical exemption pursuant to Public Resources Code Section 21084 and the State EIR Guidelines. Precise plans consider the greater effects such uses may have upon their surroundings, and the characteristics of adjacent uses which could have detrimental effects upon a proposed use. 1-arge seale p Ots(multiple developments ,1:t O sidentia zo`ri±uniin-g-- ten rihrou��.,.] r�0- nvnvv) even if stieh uses are listed as allowable uses in a partiettlar- zening The preparation and processing of a precise plan shall be as follows: (ba)Precise Plan Content. Precise plan applications shall include an applinntion ~~epaf:e as s7 Seetio o 2.109, as well as the fella ,inn: as may be necessary, site plans. written descriptions of activities to be conducted. technical studies of site characteristics. and anv other materials set forth on the application form or otherwise prescribed by Cityop licy. aee0 ssefy buildings; an (2) Afehitee4ufal Eleva4iens. For- all str-uetufal uses exeep! single family residenees and agfieul Quality Code Data 11/1/2022, Page 2 /—�Lc) Review and Approval. The Pommunity Development Director shall approve a precise plan application at the end of the public notice period when the proposed project or use satisfies all applicable provisions of this title. The approval shall become effective for the purpose of issuance of a building or grading permit, or establishment of a use not involving construction, fourteen (14) days after the Hence has been ^`approval, unless an appeal is filed with the Planning Department as set forth in subsection (lid)(5) of this section. Quality Code Data 11/1/2022, Page 3 (fid) Appeal of Precise Plan Decision. Any aggfieveE�-person may appeal a decision on a precise plan application as set forth in Section 9-1.111; provided, that the ^„l., basis f an appeal ^ etion en appeal by the Planning Commissien or- Gity Gatineil shall be whether- the proposed use satisfies all ..lieahle pr-ovonsof this title 9-2.110 Conditional use permit. (a) The conditional use permit is the process used to review land use proposals of a nature or magnitude which could significantly affect their surroundings. Such land use proposals include: (1) Uses that are shown as conditional uses in a particular zoning district; or, (2) Multiple -family and mixed-use residential developments eansistin^ of twelve (12) units, even if such a development is listed as an allowed use in a particular zoning district, if the proposed development is not compliant with Section 9-4.130 (Multifamily and Mixed-use Building Design Standards)i; and/ -or if the project includes fifty (50) or more dwelling units. (3) Nonresidential development containing fifty thousand (50,000) square feet or more of building footprint area, even if such a development is listed as an allowable use in a particular zoning district; or (4) Outdoor commercial and industrial sales and storage developments as defined by Section 9- 9.102 of ten thousand (10,000) square feet or more, even if such a development is listed as an allowable use in a particular zoning district. (b) Because of the intensity or specific characteristics of such uses, public review and input into decisions on whether to approve such proposals is needed. That input is given in a public hearing before the Planning Commission. The conditional use permit is a discretionary approval and the Planning Commission may approve or disapprove a conditional use permit or may adopt additional conditions of approval. Conditional use permit applications may be denied by the Planning Commission because of specific findings identified through public hearing testimony or because of provisions of this title. When conditional use permit approval is required, preparation and processing of the application shall be as follows: (1) Conditional Use Permit Content. Applications shall be made to the Community Development Department in the form prescribed by the Community Development Director or their designee, including, as may be necessary, site pians. written descriptions of activities to be conduct technical studies of site characteristics. and any other materials set forth on the application form or otherwise prescribed by City policy.The ^^ntent of ^ nd t;enal use rm;t " pleat:^.. ;a t^ he the s .-e,a gr-th&-pfeeise plan use h., Seetio.. o 2.10ot"� to the Planning Department an.1be—pFeees �c.d aa-�fBii$�§`� i;l Environmental Determin" en A a nditional use permita plia"tien a ente.l f r preeessing et f rth ;n C""t:,.«, n 7 1 n7 hall r l 1to..m:..at;,n ae e e enta,"z�,-..a.a�R��-a�--rz�,za--oy-�.� The Planning Pepai4fne..t shallrca, the "rvccs�--c appliea4ien eeneuffeutly with the 1 deten:ninatien. shall prepare sta ff repei4 whieki. a. Deseribes the ehafaetefisties efthe proposed !iind use of develepff;ent project, as well as the pre}eet site and its suffoundings; iind b. Referee nes-applie-able pelie es a-nd-regul-a4iens e. Detei:fnines whether- the pfoposed use or pfojec4 satisfies at minimum the pr-evisions of this title and Quality Code Data 11/1/2022, Page 4 (iii)Ptiblie Hearing. The Planning Pir-eetof shall schedule the e8fiditkfflal Use per -Mit f6r- PtIblie hea Ping be f ..o the Planning C..,-.,., issi8n a sat f'.,t4 in Seel on 9 1.1 1 n (32) Approval. The authority to take final action on a conditional use permit as set forth in this subsection is assigned to the Planning Commission, provided that such decisions may be appealed to the City Council (Section 9-1.111, Appeal), and unless combined with other applications reguuiring Cit} Council approval. (i) Conditions of Approval. After the conclusion of a public hearing, the Planning Commission may approve, conditionally approve, or disapprove the conditional use permit. In conditionally approving a conditional use permit, the Planning Commission shall designate such conditions to satisfy any requirements of CEQA, and to: a. Secure compliance with the objectives and requirements of this title and the General Plan; and b. Designate time limits or phasing schedules other than those specified in Section 9-2.112 for the completion of projects when deemed appropriate. (ii) Additional Conditions. In addition to the conditions of Section 9-2.110(b)(3)(i), the Planning Commission may adopt other conditions, including, but not limited to: a. Requiring that security be provided to guarantee performance and/or compliance with conditions of approval, as set forth in Section 9-2.121; b. Requiring installation of specific on-site or off-site improvements; c. Requiring periodic review or limiting the permit to a specified period of time; d. Requiring that the permit be personal to the applicant or be applicable to the property; e. Any other conditions as are judged by the Planning Commission to be necessary to achieve compatibility between the proposed use and its site, its immediate surroundings, and the community (iii) Effect of Conditions. Whenever a conditional use permit approval is granted or amended subject to conditions, use or enjoyment of the conditional use permit approval in violation, or without observance of any conditions shall constitute a violation of this title. In the event of such a violation, the approval may be revoked or modified as provided in Section 9-8.105. The duration of conditions is established in Section 9-2.118. Any change in the conditions of approval of a conditional use permit shall only be allowed after following all procedures undertaken for the original approval. (iv) Required Findings. if the Planning C„mmissio. approves or ndiiie fl,lly eenditioluse -pit it shall first find-'thaffhe following findings must be made to approve a Conditional Use Permit: a. The proposed project or use is consistent with the General Plan; and b. The proposed project or use satisfies all applicable provisions of this title; and c. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and Quality Code Data 11/1/2022, Page 5 d. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and e. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the land use element; and f. The proposed project is in compliance with any pertinent city policy or criteria adopted by ordinance or resolution of the city council; and g. Any additional findings deemed necessary or listed within specific code sections. h. For a project that is defined as a "Housing Development Project" by the Housing Accountability Act (California Government Code Section 65589.5(hx2)), the reviewing body must approve or conditionally approve the project unless it makes one of the following findings supported by a preponderance of the evidence in the record: 1. The project does not comply with all applicable objective _General Plan, Zoning Regulations, Subdivision, and development standards including objective design review standards. 2. The project would result in a specific adverse impact to public health and safety cannot be feasibly mitigated without denying the project or reducing its density. As used in this Section, a "specific, adverse impact" is defined by California Government Code Section 65589.5(m) and means a significant, quantifiable, direct, and unavoidable impact, based on objective. identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 3_(4) -Effective Date. The approval of a conditional use permit shall become final and effective for the purposes of issuing a construction permit or establishing a nonstructural use fourteen (14) days following the Planning Commission approval unless prior to that time an appeal to the decision is filed as set forth in Section 9- 1.111(b). 4. Types of Conditional Use Permits. The City has established three levels of use permit review related to project scale: Minor, Standard. and Major, with fees established for each by resolution of the City Council. Each type of conditional use permit shall follow the review process outlined in this Subsection 9-2.110(b). 9-2.122 Housing Accountability Act Streamlined Review (a) Projects defined as "housing development projects" by Government Code Section 65589.5(h)(2) are subject to unique regulations. including review timeframes, a limit on the number of public meetings, and specific findings in case of denial or a reduction in density. If conflicts occur between other procedures in Title 9 and the procedures of Government Code Section 65589.5(h)(2), Government Code Section 65589.5 h 2 as it may be amended from time to time. control. 9-3.245 Minimum lot size—RMF Zone. The minimum lot size in the Residential Multiple -Family Zone shall be one-half (1/2) acre. Smaller lot sizes may be allowed for planned residential developments, including condominiums and mobilehome developments, provided that the overall density within the project conforms with Section 9-3.252. There Quality Code Data 11/1/2022, Page 6 shall be no minimum lot size for lots designed consistent with the small lot subdivision standards as set forth in Subsection 9-4.130(1)(9) (Small Lot Subdivisions . 9-3.252 Density—RMF Zone. The maximum allowable base density in the Residential Multiple -Family Zone shall be designated on the official zoning maps as provided by Section 9-3.104(c) and be consistent with the General Plan for new residential subdivisions as follows; provided that no minimum density is required for parcels of one-half acre or less: (a) Areas Designated Low Density Multiple -Family Residential. The minimum number of dwelling units per net acre is two (2). The maximum number of dwelling units per net acre is ten (10). (b) Areas Designated High Density Multiple -Family Residential. (1) Base Density. The minimum number of dwelling units per net acre is twenty (20). The maximum number of dwelling units per net acre is twenty-four (24). (2) To encourage smaller units that are affordable by design, maximum density may be calculated based on unit size. (c) Fractional Density. To encourage smaller units that are affordable by design, maximum density may be calculated based on unit size. Fractional density shall not be used to determine minimum density. (1) Calculation. The following density unit value attributed to unit sizes may be used for the purpose of calculating multi -unit maximum development density allowed on a high-density multi -family zoned parcel: (i) Units up to six hundred (600) square feet= one half (0.50) unit (i) Units of six hundred one (601), square feet up to one thousand (1,000) square feet two thirds 0.66 unit (iii) Units over one thousand (1.000) square feet = one (1 ) unit (2) Rounding. Maximum residential development potential shall be the net lot area (in whole and fractional acres), multiplied b.y the maximum density allowed. The resulting number (in density units, carried out to the nearest one hundredth 10.011 unit) shall be the maximum residential development potential. For example, when a calculation results in a density of 4.74 units, up to nine (9) units that are less than six hundred (600) square feet in size would be permitted, when a calculation results in a density of 4.75 units, up to ten (10) units less than six hundred (600) square feet in size would be permitted). Any combination of dwelling types and numbers may be developed. so long as their combined density unit values do not exceed the maximum potential. The rules of rounding stated in this section for fractional density shall supersede the rules of rounding stated in Section 9-1.109(b)(4). (3) For all regulations other than maximum density, (e.g., parking requirements, minimum denaily etc.), regulations shall be based on the number of units not based on the number of fractional density units. (ed)Hillside Density Standards. The densities permitted by subsections (a), (b) and c of this section shall be modified to the following base densities(prior to any fractional density calculation) based on site topography, as follows: Low Density Multiple -Family High Density Multiple -Family units/acre Average Sloe units/acre Minimum Maximum 0-10.99% 10 20 24 11-15.99% 7 14 17 Quality Code Data 11/1/2022, Page 7 16-20.99% 5 10 12 21-25.99% 3 6 7 26-30.0% 2 4 5 > 30% 1 2 2 (ed)For medical extended care services, where residents are primarily non-ambulatory, the following maximum bed/net acre densities may be permitted, where subjeet to Wanning commissi Use approval'. RMF -10 District 34 beds/net acre RMF -24 District 55 beds/net acre Such approval shall require a finding that the average daily traffic generated by the project would not exceed that of a multifamily project. The project ^a1 rher surest temust also meet the "pereenta e eeve=age�2all property development standards and objective design standards of this code pertaining to multi- family developments and all pertinent code sections. constraints of sebseetie (a) of the distfiet. Off street parking requiFements would be ., established by the Dlarinib.', .I"''..«,,mission (fe) Sewer Service. Sewer service and the inclusion of property within the urban services line (USL) shall be a prerequisite to developing multiple -family projects to the density standards of the RMF zone. (fg)Density Bonus. A density bonus and/or development concessions or waivers may be granted_, o bjeet to approval by the City G,...neil through .. aster plan of develapm IfIl T ' -consistent with Sections 9-3.801 through 9-3.806. , the Planning shall eonsidef other- berRis ineentives allowable tinder Geyer-,, tient Cede Sectio 6594-5-. 9-3.262 Property development standards—RMF. In addition to the standards specified in Chapter 4 of this title, General Site Design and Development Standards, the following development standards shall apply to all residential projects of two or more units, including but ^^t lipA to t^those projects that utilize modular units, mobile homes, or stock plans -and multiple family residential projeets: (a) Reserved.AereentCoverage. ThefnAN'o A of a lot that may be eevefed by structures v C/. xeli„1ing ,leeks loss than thifty (30) inches f;iof the ground) shall be fe ft(409146) for loA density multiple family projeets a -Rd fifty pereent 0 bmultiple ' (b) Enclosed Storage - Accessible from Exterior. Each dwelling unit shall must be provided a minimum of one hundred th�(1300) cubic feet of enclosed storage space, exclusive of closets located within units. Enclosed storage must provide an exterior entrance and whieh--may be located in either a principal or accessory building. Storage space for each unit or a portion thereof may be combined for the provision of bicycleparking and storage. All bicycle parking/storage must meet the following standards: (1) Bicycle parking/storage must be enclosed., lockable. and located within the residential or accessory building on the ground floor unless the building includes elevator access to upper floors. Quality Code Data 11/1/2022, Page 8 (22) Bicycle parking/storage must provide a minimum of one 110 -volt electrical outlet and an additional outlet per ten bicycle parking spaces for charging electric bicycles. (3) Bicycle parking/storage racks must be designed to allow the user to lock the bicycle to the rack and keep at least one bicycle wheel on the ground or provide a means for the user to roll the bicycle onto a rack and lift it up to a second level. (c) Outdoor Recreation or Gathering Areas. For developments of fur (4) to seven (7) dwelling u nits (1) Size and Type of Open Space. Outdoor recreational orat�g open space shall—must be provided at a ratio of three hundFed two (3-00200) square feet per unit. i Two- of --three- or four -unit projects T14:s aper spaeo may must be -provide outdoor spaced either- as: (1) a private amenity designed for exclusive use of a dwelling unit; or (2) as common open space provided that no individual common open space area is less than one n>7,,,,san it nnn) four hundred (400) square feet; or (3) a combination of private and common open space provided no individual common open space is less than four hundred (400) square feet. ii For developments of five (55) to nine (9) dwelling units, outdoor space must be provided as common open space or a combination of private and common areas, provided no more than. 50 percent of the open space is private and no common open space is less than eight hundred (800) square feet. (iii) For developments of ten eig13-(810) or more dwelling units, outdoor open space shall be provided as common open space or a combination of private and common areas provided no more than 50 percent of the open space is private and no common openspace is less than one thousand (1,000) square feet. Owen space may include upper floor private or common gathering spaces..^� ^* ^ ratie rF *>1 00 1,,^a� (35 0) S o f �+ ^�r u .it. This eammen open be provided in more than one (1) lee4ie-- �hat tie individual en spa.area is loss than ane thousand (t ,000) s e ret 2 Private Open mace Standards. Any private outdoor open space used to satisfy Section 9- 3.262(c)(1) must meet the following standards: (i) Minimum dimensions must be six (6) feet (width and depth) in any direction. (ii) The private open space must be adjacent to, and directly accessible from, the residential unit beinp, served. (3) Common Open Space Standards. EAny common open space areas used to satisfy Section 9- 3.262(c)(1) must meet ^^ o the following leeation r o epAsstandards: i Minimum dimensions must be ten 10 feet width and depth) in any direction. (ii) Ma be located at grade, on an upper floor terrace or courtyard, or a building rooftop, in the form of a roof deck. (iii) May not be located in drainage basins with a depth of two (2) feet or greater, areas without a flat bottom, and/or areas not accessible via pedestrian paths or trails to the units being served. 4 Common Open Space — Re wired Amenities. All projects shall ince orate the number of common open space amenities indicated in Table 9-3.262-1. choosing from the options listed in respective Subsections (i), (ii), and (iii) below. Table 9-3.262-1: Minimum Number of Required Common Open Sp ace Amenities b • Project Size Project Size I Tier 1 I Tier 2 1 Tier') Quality Code Data 11/1/2022, Page 9 2-4 units 1 1 1 5-9 units 1 2 1 10+ units 1 12 2 D Tier 1 Amenities. Proiects must incomorate, at a minimum, the number of open space amenities identified in Table 9-3.262-1 for Tier 1, choosing from the following list of amenities: —a. —Open ,space that is designed as a courtyard entry for three (3) or more units that is physically separated from the parking area and directly accessible from, and oriented towards, a public street with a pedestrian pathway. For flag lots, the courtyard and pedestrian connection must be oriented to a shared parking lot. —b. Shade covering a minimum of fifty percent (50%) of the outdoor common open space, which must include at least one canopy tree and may also be supplemented with shade covers. c. Public art or interactive art, such as sculpture, murals, or water features. A mural must measure at least one -hundred twenty (120) square feet, sculptures (including any decorative base) and water features must have a minimum cumulative footprint of twenty-five (25) square -feet. d.– Preservation of an on-site native tree. heritage tree, as defined in Chapter 11 (Native -free Regulations), or other healthy, mature tree, defined as a non -protected tree with a diameter -at -breast -height (DBH) of 12 inches or greater. (ii) Tier 2 Amenities. Projects must incorporate, at a minimum, the number of open space amenities identified in Table 9-3.262-1 for Tier 2. choosing from the following list of amenities: a. Fixed or movable seatinw or outdoor dining such as picnic -style tables, at a ratio of no less than one seat per unit with a maximum of 15 seats per project. b. An enclosed, off -leash dog run/relief/wash area that includes signage, pet waste bag, and disposal receptacles), and potable water connection for dog bowl refilling and dog wash capabilities. c. Children's play area, subject to the following: W Projects of less than three (3) units: at least one (1) piece of permanent play equipment designed for children of all abilities and ages. (2) Projects of €eurfive (45) to nine (9) units: at least two (2) pieces of permanent play equipment designed for children of all abilities and ages, or the equivalent in size, scale. and recreation diversity. (3) Projects of ten (10) or more units: -at least four (4) pieces of permanent play equipment designed for children of all abilities and ages, or the equivalent in size scale, and recreation diversity. d. Sports court or other outdoor activity stations (pingpong, etc.). e. Pool or spa. f. Outdoor kitchen, subject to the following: (1) -Equipment must be located at least twenty (20) feet from adjacent existing or proposed residential units. (2) Barbeque with apermanent natural gas line installed Quality Code Data 11/1/2022, Page 10 3) A sink with waste line must be provided (4) An electrical outlet must be provided within the gathering space g. Fire pit with permanent natural gas line installed located at least twenty _(20)_ feet from adiacent existing or proposed residential units surrounded by hardscape that allows for seating. . h. Patio area with a minimum one hundred fifty (150) square- feet and minimum dimension of ten (10) feet in any direction. constructed with decorative pavers or stamped/colored concrete without steps or grade changes more than five percent (5%). Up to fifty 50 square feet of the required area may be occupied by plantings and landscaping either in ground or potted. hi. Preservation of twenty-five percent (25%) of existing mature tree canopy over the entirety of the project site based on recommendations of a qualified arborist. (iii)Tier 3 Amenities. Projects must incorporate, at a minimum, the number of open space amenities identified in Table 9-3.262-1 for Tier 3, choosing from the followin-v list of amenities: a. Vertical landscaping, either climbing or cascading vines or plants. b. Community garden, which must include the following (1) At least one (1) potable water connection and irrigation to all gardening areas; 2 One 1) pottigg station including a table no less than two 2 feet by four 4 feet; (3) One (1) compost bin; and (4) One (1) tool storage structure that is either designed to match the main structure's appearance or is placed behind a principal building and designed and constructed with agrarian appearance. and sized adequately to contain gardening tools. - c. Flowering_121ants or edible landscape. J. One hundred percent (100%) native, drought -tolerant_ plants and habitat, unless combined with edible landscape. in which case at least seventy-fivepercent (75%) must be native. drought -tolerant plants, with the remainder edible landscape. e. Interpretive or educational information about geography. history, ecology, or indigenous history. f. Nature trail measuring no less than one quarter'/,) mile in length, defined as a path throu,;h undeveloped (no buildings, pavement, or utilities), vegetated areas, used for walking and seeing plants and wildlife. 5 Open Space Area — Additional Standards and Restrictions. Private and common open space areas intended to comply with Section 9-3.262(c)(1) must meet the following standards: (i) Except for trails. required open space areas must be located in a flat or terraced area of six percent slope (6%) or less; iii) Required open space areas must not be met with areas designed primarily as walkways to doors. or other areas that cannot accommodate people gathering and/or are meant for a different purpose such as a passageway); and (iii) If located in a primary. secondary, or corner street setback. open space use areas must be set back at least five (55) feet from the property line/ewe of right-of-way. Quality Code Data 11/1/2022, Page 11 (d) Open Space Reductions. Open space requirements may be reduced as follows: (1) Up to twenty-five percent (25%) of the required open space (Section 9-3.262(c)(1)) may be reduced if the project site is located within one thousand (1,000) feet of a publicly- accessible park, or up to fifty percent (50%) if located within five hundred (500) feet of a publicly accessible park. (2) For developments of fifty (50) units or more. up to twenty-five percent (25%) of the open space area may be satisfied with an indoor recreation area measuring at least two thousand (2,000) square feet and directly accessible to an outdoor common area. (ed)Sercenilig Wall Transition Zones Adjacent to Single Family. ^ sel;a wall or f nee not les& th. (6) fee! in height shall be ifflid- M-Ain4ained an interier- lot lines abufting pr-epaity zened fe :rlg4e family reside.,t;^1 use-See 9-4.130(j) (Transition to Abutting Rural and Single Family Uses). (fe) Laundry Facilities. Laundry facilities 4+allmust be provided in the form of either: (1) laundry hook- ups within each individual dwelling unit; or (2) a shared laundry facility equipped with washers and dryers at a ratio of one (1) washer and dryer for every six 6 units. feal-11 -i*e •t...,f the A p „ce-Rcview Manual. —(gg) Maintenance Requirement. The site must be maintained and kept clear of any debris or storage including construction debris, unless part of an active, approved construction permit. All finishes structurespaved areas. and landscaping must be repaired or replaced as needed. Anv dead or non-thriving landscaping must be immediately replaced. All landscaping required for screening of any use, structure. or utili1y4mechanical equipment must be maintained at a height and density to achieve maximum screening while appearing_ groomed and orderly. Irrigation systems must be maintained to ensure long-term viabili of the planted areas. All site lip htin must remain in good working order. Movable furniture or amenities must be replaced by the owner when damaged. All frontage or ort-site trees must be maintained in a manner that allows the tree to grow to its full natural height and natural canopy. No growth suppressants are permitted that result in stunting or modifying the natural growth pattens of the tree. Should such trees be maintained contrary to this condition. the owner will be responsible for replacement.n inttenalwe ag-feemeRt 1-4 -all 1.,,,.7s...,. ing buill1;.,.. exteriorsaeoesser-y st-,.rums ^rL:,,., areas and other- „ F .. 144es shall be ^ ,e.1 h„ the f',,-,,,,, 4- YA-1-1..- -.- p., om, r tf:..^1 ., (1h)RMF-24 properties identified in Appendix 1, Table -V 45 (Vaeai4 Residential Parcels-RN4F- 29}the Housing Site Inventory of the General Plan Housing Element shall be permitted "by right" and will not be subject to conditional use permitrspee-fin. Proposed planned development projects or other relief from property development standards on these parcels shall be subject to discretionary review per the requirements of the municipal code. 9-3.330 Nonresidential district allowable land uses. Table 3-2 identifies the uses of land allowed by this Zoning Code in each nonresidential district, and the planning er:mitentitlement 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. Quality Code Data 11/1/2022, Page 12 Table 3-2 — Nonresidential Use Table Allowed Land Uses and Permit Reauirements T A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required Nonresidential Zones AUP Administrative Use Permit Required ❑ Not Permitted Permitted Uses B • Zones Special CN CP I CR I CS CT CPK DC DQ IP I Regulation(s) Mixed -Use CUP' CUP' CUP' CUP' A' A' 9-3.331 Multifamily Dwelling CUP2 CUP2 CUP2 CUP2 9-3.262 9-3.331 Mixed-use residential density (a) Mixed -Use Mixed -Use developments are defined as developments that have a vertical separation of commercial and residential land uses in a building, with commercial uses on the ground floor and residential uses above. (b) Density and Fractional Density. _Mixed-use developments • ithin a -a' distr-lets ihat a"e- A" F r ,.,,.1.:f ,..,:1.. shall -have a maximum base density of twenty-four (24) dwelling units per acre. (2) To encourage smaller units that are affordable by design, the City authorizes fractional density units wherein maximum density may be calculated based on unit size in mixed-use developments. G) The following density unit value attributed to unit sizes may be used for the purpose of calculating multi -unit maximum development density allowed on a parcel_ (A) Units up to six hundred (600) square feet = one half (0.50) units (B) Units of six hundred one (60 1) square feet up to one thousand (1,000square feet = two thirds ( 0.66) unit (C) Units over one thousand (1,000) square feet = one (1) unit ii) Maximum residential development uotential is the Bross lot area (in whole and fractional acres), multiplied by the maximum density allowed. The resulting number (in density units, carried out to the nearest one hundredth unit) will be the maximum residential development potential. For example, when a calculation results in a density of 4.74 units, up to nine units that are less than 600 square feet in size would be permitted; when a calculation results in a density of 4.75 units, up to 10 units less than 600 square feet in size would be permitted). Any combination of dwelling -types and numbers may be developed, so long as their combined density unit values do not exceed the maximum potential. The rules of roundin` stated in this section for fractional density supersede the rules of rounding stated in Section 9-1.109(b)(4). (iii) For all regulations other than maximum density, (e.g., parkinp, requirements, minimum density etc.), regulations shall be based on the number of units, not based on the number of fractional density units. (c) Building Design Standards. See Section 9-4.130 (Multifamily and Mixed-use Building Design Standards). (d) Mechanical equipment. Mechanical equipment must be set back no less than five feet from property lines. may not be visible from a public richt-of-way. and must comely with Section 9-4.128 Fencing and screenin Quality Code Data 11/1/2022, Page 13 (e) Storage. Each dwelling unit s#a4must be provided a minimum of one hundred thirty 130) cubic feet of enclosed storage space, which do not include closets accessed from the interior of units. Storage space for each unit or a portion thereof may be combined for the provision of bicycle parking and storage. All bicycle parking/storage must meet the following standards: (1) Long-term bicycle parking spaces must be enclosed, lockable. and located within the residential building on the ground floor unless the building includes elevator access to upper floors 2 Long-term bicycle arkin spaces must provide a minimum of one 110 -volt electrical outlet and an additional outlet per ter_ bicycle parking spaces for charging electric bicycles. (3) Long-term bicycle parking racks must be designed to allow the user to lock the bicycle to the rack and keep at least one bicycle wheel on the ground or provide a means for the user to roll the bicycle onto a rack and lift it up to a second level. (f) Transitions Zones Adjacent to Single Family. See 9-4.130(j) -(Transition to Abutting Rural and Single Family Uses). (g) Downtown Maximum Average Unit Size. The maximum average size of all dwelling units within a new mixed-use project in the Downtown districts (DO or DC) must be no greater than 1,200 square feet. Any existing units that comply with zoning use standards (are located on upper floors with commercials ace below) may be excluded from this calculation. (h) Common and Private Open Space Requirements. 1 Size and Type of Open Space. Recreational or gathering open -space- that is separate from the living space of a unit) must be provided at a ratio of thirty (301_Nuare feet per unit. (i) Exemption. Projects with four or fewer units within commercial zones. or developments of 10 or fewer units within the Downtown Zoning districts (DO -or DC) are exempt from open space requirements. 'ii) For non-exempt developments with fol -¢y -nine (49) dwellini, units or less, recreational or gathering open space may be provided as private open space, common open space, or a combination of private and common space. (iii)For developments of fifty (50) or more dwelling units, recreational or gathering etrtdesr open space must be provided as common open space or a combination of private and common areas. provided ttno more than fifty (50) percent of the open space is private -.ate 2 Private Open Space Standards. Any private outdoor open space used to satisf • Section 9- 3.331(h)(1) must meet the following standards: i Minimum dimensions must be five 5 feet width and depth) in any direction. (ii) The private open space must be adjacent to, and directly accessible from, the residential unit being served. 3) Common Open Space Standards. Any common outdoor open space used to satisfy Section 9- 3.331(h)(1) must meet the following standards: (i) Minimum dimensions shall be ten (10)_ feet (width and depth) in any direction. iii) Common open space areas must be at least seven hundred fifty (750) square feet. (iv) May be located at grade. on an upper floor terrace or courtyard, or a building rooftop, in the form of a roof deck except it may not be located at grade within the Downtown Districts nor adjacent to a public street unless in the form of a publicly accessible plaza. (v) May not be located in drainage basins with a depth of two (2) feet or greater and/or areas not accessible via pedestrian paths or trails to the units being served. Quality Code Data 11/1/2022, Page 14 (vi) Required open space areas must not be met with areas designed primarily as walkways to doors. or other areas that cannot accommodate people gathering and/or are meant for a different purpose (such as a passageway). 9-3.340 Property development standards. New subdivisions, land uses, structures, and alterations to existing land uses and structures shall be designed, constructed and established in compliance with the Sections 9-3.62 and 9-3.341 through 9-3.444, in addition to applicable standards (e.g., landscaping, parking, fencing, etc.) in Chapter 9-4, and Special Land Use Regulation in Chapter 9-6 of this title. 9-3.341 CN Zone. The following are property development standards for the CN in addition to those found in Chapters 9-3, 9- 4, 9-6, and other special use regulations found in this title: (a) Lot Size. The minimum lot size in the Commercial Neighborhood Zone shall be one-half (1/2) acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Neighborhood Zone. (b) Multifamily Dwellings. Multifamily dwellings are permitted with a minor conditional use permit when located on the second floor or above. (c) 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. (d) 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. 9-3.342 CP Zone. The following are property development standards for the CP in addition to those found in Chapters 9=3,_9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. The minimum lot size in the Commercial Professional Zone shall be one-half (1/2) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Professional Zone. (b) 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. (c) 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. 9-3.343 CR Zone. The following are property development standards for the CR in addition to those found in Chapters 9-3, 9- 4, 9-6, and other special use regulations found in this title: (a) Lot Size. The minimum lot size in the Commercial Retail Zone shall be one-half (1/2) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including Quality Code Data 11/1/2022, Page 15 condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Retail Zone. (b) Parking. Parking areas designated to have vehicles facing El Camino Real or the freeway shall be screened with a landscaped berm a minimum of thirty (30) inches in height. (c) Setback. A minimum freeway setback of ten (10) feet shall be provided. Said setback area shall be landscaped. (d) Utilities. All new and existing utilities shall be installed underground. (e) 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. (f) 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. 9-3.344 CS Zone. The following are property development standards for the CS in addition to those found in Chapters 9-3, 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. The minimum lot size in the Commercial Service Zone shall be one (1) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Service Zone. (b) 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. (c) 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. 9-3.347 DC/DO 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. Quality Code Data 11/1/2022, Page 16 Article 30. Density Bonus 9-3.801 Purpose. The purpose of this seetiei+-Article is to establish a program in accordance -Comply with California Government Code Section 65915 through 65918 (State Density Bonus Law (Califbmi royernme„°I_ rn=moi S 6_5®� X10 65919) to provide both density increases and other incentives to encourage the creation of housine affordable to moderate-, low-, and very low-income households, seniors, and other qualifying households under State law, (a) Prejeets that utilize the densit�, bentis are not fequired to implement the City's inelusionafy He Poky or other inelusionai-y housing efdinanee in effeet at the time of issuanee of building pennit. (Ord. 57-0 vseE Quality Code Data 11/1/2022, Page 17 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 re uirement, allowed ro ections into setbacks, and exceptions to setbacks. €-nWrimary Street None allowed, except for building insets As required by Section 9-4.106 designed to accommodate outdoor eating and when adjacent to a residential zone, seating areas, and except for East Mall 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 throuch Design Review Height limit 45 feet not to exceed 3 stories; 18 feet on the 35 feet west side of El Camino Real between Atascadero Creek and the lot line common to Lots 19 and 20, Block H -B, Atascadero Colon • Map. Landscaping As required by Section 9-4.124 et se Landsc ing, screening and fencing) Off-street parking None required, except as required by Section As required by Section 9-4.114 et 9-4.114 for hotels, motels, residential uses, seq. offices, government offices and facilities, and health care services, and for all development east of Atascadero Creek. Signs See Ch ter 9-15 Density 24 dwelling units/acre maximum 24 dwelling units/acre maximum See also Section 9-3.331(b) (Density and See also Section 9-3.331(b) (Densit' Fractional Density). and Fractional Densi 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. Article 30. Density Bonus 9-3.801 Purpose. The purpose of this seetiei+-Article is to establish a program in accordance -Comply with California Government Code Section 65915 through 65918 (State Density Bonus Law (Califbmi royernme„°I_ rn=moi S 6_5®� X10 65919) to provide both density increases and other incentives to encourage the creation of housine affordable to moderate-, low-, and very low-income households, seniors, and other qualifying households under State law, (a) Prejeets that utilize the densit�, bentis are not fequired to implement the City's inelusionafy He Poky or other inelusionai-y housing efdinanee in effeet at the time of issuanee of building pennit. (Ord. 57-0 vseE Quality Code Data 11/1/2022, Page 17 9-3.802 Applicability. (a) General. All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915 as it may be amended from time to time. (b) Compliance. The applicant shall comply with all requirements stated in California Government Code Sections 65915 through 65918. The requirements of California Goverment Code Section 65915 through 65918, and anv amendments thereto. shall prevail over any conflicting provision of this Code. (c) Excluded development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under California Government Code Section 65915. (d) Interpretation. The lirovisions of this subdivision shall be interpreted to implement and be consistent with the requirements of California Government Code Section 65915. Any changes to California Government Code Section 65915 shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this Article conflicts with State Density Bonus Law or other applicable State law, State law shall supersede this Section. Any ambiguities in this Section shall be interpreted to be consistent with State Density Bonus Law. (e) Replacement Housing Requirement. Pursuant to subdivision (c)(3) of California Government Code Section 65915, an applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein, including in the following,. circumstances: (1) The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant. ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; (2) The housing development is proposed on an;12arcel(s) on which rental dwelling units that were subject to a recorded covenant. ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low income have been vacated or demolished in the five-year period precedingthe he application; (3) The housing development is proposed on any parcel(s) on which the dwellingun occupied by lower- or very low-income households; or (4) The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower- or very low-income households have been vacated or demolished in the five-year period preceding the application. Quality Code Data 11/1/2022, Page 18 Quality Code Data 11/1/2022, Page 19 Vnw., Y n .. Earning i..nn...n Y$n..soF...lds 50" AM! Eairming 80%-� A40dnw.,an income 120 OZ. -A AU } Very Low hteomej,_�� 19..wn...,an.... .,,C Density Units Density Moderate h1com'. Unks pAwnn.. a��„�i .... ..0 Density 7Y6 29 -/6 4-"0 20-."0 4-"0 5 tl7 B 6�(� -��t-��0 1-sO -7i�� 0 4k% 710A /9 �tl'0 'Sz`Y6 2-2—."0 2YYV 774% " 22%.�-O-��B 13 -OA 24,544 4—�O &0% 4% — -eqO 44% -2- .'eO 4-aO 470% 40°/6 32.3°/6 X0/6 27-." 45-/8 49 0 4-x/6 33 0°/6 46° 6 2-9:0°/6 4-"0 -14.00/O �(' -0 10 4-"0 3-2V 4-"0 43 - V 7-l0 33�"% Y2-. 14 OR 29°46 3—. O 2"0 -5-."0 24/6 4-6,0% 22 -OA 17-00 23-0/6 4S-�/6 240% 4-9.0°/6 23-0/6 29.0°46 2"0 221-.."0 2T% 2-2-."0 2"0 23-."0 2S 0 6 24,"0 390 3"0 26-."0 332-0-/6 27-..010 34°/6 24.0°/6 33OA 340-.8-0 3"0 334-."0 37—OA 332.0�i�b 3"0 32-:0°/6 40°6 35:0°/6 z l _ 1 Quality Code Data 11/1/2022, Page 20 9-3.803 Density Increase and Other Incentives. (a) ,-neral. If a qualifying affordable housing project or land transfer/cash payment meets the criteria of California Government Code Section 65915 et seq., the project shall be granted a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et sem and incentives or concessions also as described in California Government Code Section 65915 et seq. (b) Densi • Bonus Units. Except as otherwise re aired by California Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing, units that qualifies the housing development for a density bonus. (c) Market -rate senior citizen housing developments. Market -rate senior citizen housing developments that qualify for a density bonus shall not receive any other incentives or concessions. unless California Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housin = developments. Number elopc= c,.._g1+-its Incen4ives V-Llr�- Lie nom, oars, r.,,.,.me r nks GOM I�eofi%e� Knits interest} 4"0 4"0 4"0 2" 2404 15,04 31"0 3" (e) Ineentives Defined. For- the purposes of this seetion, eeneession of ineentive means any of the fallowing that results in identifiable, Ananeially sof4eieat, and aetual cost • Quality Code Data 11/1/2022, Page 21 9-3.804 Physical Constraints and ParkinL Waivers. (a) Physical Constraints. Except as restricted by California Government Code Section 65915. the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard. unless it finds that: (1) The application of the development standard does not have the effect of physically precludingthe he construction of a housing development at the density allowed by the density bonus and with the incentives or concessionsrag nted to the applicant; (2) The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health. safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; (3) The waiver or reduction of the development standard would have an adverse impact on any_ real property that is listed in the California Register of Historical Resources, or (4) The waiver or reduction of the development standard would be contrary to state or federal law. (b) Parking. The applicant may request, and the City may grant, a reduction in parking requirements in accordance with California Government Code Section 65915(p), as that section may be amended from time to time. (c) Order of Election of Development Standard Waivers/Reductions. Applications for waivers and reductions to development standards shall be approved for all other development standards prior to the waiver or reduction in required open space or additional parking reductions beyond 9-3.804(b). Quality Code Data 11/1/2022, Page 22 ... 9-3.804 Physical Constraints and ParkinL Waivers. (a) Physical Constraints. Except as restricted by California Government Code Section 65915. the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard. unless it finds that: (1) The application of the development standard does not have the effect of physically precludingthe he construction of a housing development at the density allowed by the density bonus and with the incentives or concessionsrag nted to the applicant; (2) The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health. safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; (3) The waiver or reduction of the development standard would have an adverse impact on any_ real property that is listed in the California Register of Historical Resources, or (4) The waiver or reduction of the development standard would be contrary to state or federal law. (b) Parking. The applicant may request, and the City may grant, a reduction in parking requirements in accordance with California Government Code Section 65915(p), as that section may be amended from time to time. (c) Order of Election of Development Standard Waivers/Reductions. Applications for waivers and reductions to development standards shall be approved for all other development standards prior to the waiver or reduction in required open space or additional parking reductions beyond 9-3.804(b). Quality Code Data 11/1/2022, Page 22 de„ t r eet tinder the er:ter;^ Leetion O 02 at the densities or- with the developer- ineentives pen:nitted by this seeAen. A waiver- of! modificafien of standards sh-AIIII bbe. -re-viewed b�y the Git�,'s Desig Re , Committee and approved by the PlanningCommissionand/or- Git. Gott- (b) o ;1 neither—red ee r. ifiefease the number- of developer incentives to wh:eh the a „S;ea t ; entitled�puf!suams to Seetion n 2 .4v4Ch\ (e) Greonds for- Denial. in accordanee with GoVernment Code See6on 65915(e), the City may deny an applieant's FeEluest to waive or- medit�y the City's develepmeR4 standafds in an), of the folio t. (1) The-app4eatiefi does not rue -PA -w -m- with the Fequir-p-ameent-s of this section or Government Seetions 65915 through 65918. /7\ The ., „ leant 4:. $ men-strete th.,t the City's development standards pitys;e.,lh, p eeliddethe utt:nl:�et:o, of dens ty ho ""—cSPeE i�S�t@.v-�-i-tySncSg��t@VceW—Cii�tt@e ^ Planning Commission shell make the ., _a .` 4z __nae fi,,.= /3\ The waiver or reductio„ ,tial have a speeifie, adverse ; ..et s .defined in Gower.,, e.�� C'eet: 655495(d)/7\"pan-rn, he..lth� � a f �,, e. pr thhy e e.,t� and there feasible e method to , e4s f ete.-;1., .,,:t: ,...tee e:,7 the ..: F,...,.d.,erse ; e..t amr e . !`elif ..ni De., inter of Hister;e.,l Aesewees fed ,.ti wouldhe tr-afy to Ct..t® of Fede al law. (rIu. -5701 C 1 7 f)1^\ 9-3.805 Retention of Density Bonus Units. Consistent with the provisions of California Government Code Section 65915 et se_q_prior to a density increase or other incentives being approved fora promect, the City of Atascadero and the applicant shall agree to an appropriate method of ensuring the continued availability of the density bonus units. 9-3.806 Application procedure for Density Increase or Other Incentives. An pl;e..t;on for- he.,.... ,de„ele.,er ifie ex.t;.,, OF Y"Mi-Vefo.d;4:eetien .,4 �➢ mac, it Quality Code Data 11/1/2022, Page 23 (1) if requesting ., density beaus l base thepr-evisionof ., eh:l.l day e e faeil:t,. in er-d.,nee with Geye..nfae„t Gede Seetio 65915(h), the „ plie.,tio must: (1) Pr -a ide the 1..e do of Oho , k -I 5— — -per-a4e the ehild day eare faeility fer- a period of time theA is as long as or lefiger- than the period of time during whieh the densit�, banus units afe r-equired to femain , eafe f:, Airy before the fi fst h, :1,1;mit . issued, and- - oa 'ro--'r� �•rsa"ctr. (a) Application Requirements. An application for a density increase or other incentives under this Article for a housing development shall be submitted in writing to the Planning Division to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this Article, and in connection with the project for which the request is made, including, but not limited to, the following: (1) A brief description of the proposed housing development; (2) The total number of housing units and/or shared housing units (as defined in California Government Code Section 65915(o)(6)) proposed in the development project, including unit sizes and number of bedrooms; (3) The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site; (4) The total number of units, to be made affordable to or reserved for sale, or rental to, very low-, low- or moderate -income households or senior citizens or other qualifying residents-, (5) The zoning, eg neral plan designations, and assessor's parcel number(s) of the project site; 6 A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout; (7) The proposed method of ensuring the continued availability of the density bonus units; and (8) Within zones that rely on a form -based code, a base density study that identifies the density feasible on the site without incentives, concessions or density bonuses, (9) A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed. (b) Application Processing. The application shall be considered by the PlanniDg Commission and/or the City Council at the same time each considers the project for which the request is being made. If the project is not to be otherwise considered by the Planning Commission or the City Council, the request being made under this Article shall be considered by the Community Development Director or designee, separately. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et sea. 9-4.102 Applicability of the standards. The standards of this chapter apply to all new land uses which are required to have a zoning approval pursuant to this title, except where the standards of Chapter 9-6 or Chapter 9-3 conflict with the provisions of this chapter, the more restrictive provisions of Chapters 9 6 and 9 3 prevail. Quality Code Data 11/1/2022, Page 24 9-4.106 Street setbacks. A street setback is measured at right angles from the nearest point on the property line to the building line. Setback landscaping and fencing standards are in Sections 9-4.125(a) and 9-4.128 of this chapter, respectively. (a) A, RS, RSF, and LSF Zones. All residential uses shall have a minimum €renprimary street setback of twenty-five (25) feet, except as follows: (1) Shallow Lots. The f-entprimary street setback shall be a minimum of twenty (20) feet for any lot less than ninety (90) feet deep. (2) Flag Lots and Lots without Street Frontage. Determination of that portion of the site to constitute the required front yard within the flag shall be at the discretion of the applicant. The front setback of the flag of the lot shall be a minimum of ten (10) feet. The front setback within the accessway shall be as in subsection (a) of this section. (3) Sloping Lot Adjustment. Where the elevation of the natural grade on a lot at a point fifty (50) feet from the centerline of the adjacent street right-of-way is seven (7) feet above or below the elevation of the centerline, a private garage may be located, at the discretion of the applicant, as close as five (5) feet to the street property line, subject to the approval of an administrative use permit (Section 9-1.112 of this title), provided that portions of the dwelling other than the garage shall be established at the setback otherwise required. (4) Variable Setback Block. Where a residential block is partially developed with single-family dwellings having less than the required €rent—primary street setbacks and no uniform €rent setback is established, the (rent—primary street setback may be adjusted by approval of an administrative use permit (Section 9-1.112 of this title) at the option of the applicant, as follows: (i) Prerequisites for Adjustment. Adjustment may be granted only when twenty-five percent (25%) of the lots on the block with the same frontage are developed and the entire block is within a single zone. (ii) Allowed Adjustment. The normally required minimum 4ei�primary street setback is to be reduced to the average of the primary street rent setbacks of the existing dwellings, which include attached garages but not detached garages, to a minimum of ten (10) feet. (5) The Design Review Committee (DRC) may grant an exemption to the €rent—primary street setback requirement based on neighborhood compatibility for structures that meet the following criteria: (i) Structures are no greater than ten (10) feet in height; (ii) Structures do not exceed €rent yafd coverage of more than fifty percent (50%); (iii) Structures do not impair sight distances for vehicular traffic as reviewed by the City Engineer. (b) RMF Zones and Residential Uses in Commercial and Industrial Zones (excluding DC and DO Zones). (1) All residential units must have a minimum setback of fifteen (15) feet. (i) All gar -ages shall have a Fninimum froi4 sethaek of twef4y (20) feet. 2 All garages or covered 12arking areas oriented toward the street must have a minimum_ setback of twenty (20) feet from the street to which it is oriented. (3) All other accessory structures associated with the residential use must comply with 9- 4.106(b)(1). Quality Code Data 11/1/2022, Page 25 (c) CN, CP, CR, CS, CT, CPK, IP and I Zones. No primary or secondary streett setbacks are required_ Ground floor residential uses are subject to the setback requirements of subsection (a) of this section. (44) Adjaeent to Residential Zene. Where a eemnier-eial or industr-ia-1 1 -as _- r ---- -- �11' I ,.l,,, ing „ double F•entage setbaek, e. a ot.or..eet .,.here „„ e the„ fifty pefee„t (502,o) „frhe the s Re Week afe zened fef-�� tise, the --I- Wek shaa!! be twenty five (25) feet, exeept one, steffy building E)r- pafking may e-newo-ach inte ene half (1/2) the r-equifed ffoiA setback depth, (d) L, LS and P Zone. A minimum ten (10) foot primary street front setback is required, provided that residential uses are subject to the setback requirements of subsection (a) of this section. (ed)Flag Lots. Any accessway adjacent to a public street shall be subject to the front setback requirements of subsections (a), (b), (c), and (d) of this section. Determination of that portion of the site to constitute the required front yard within the flag shall be at the discretion of the applicant. The front setback of the flag of the lot shall be subject to the side setback requirements of Section 9- 4.107 of this chapter. (€e) Double Frontage Lots. (1) Selecting the Setback Location. Where double frontage setback locations are not specified by subdivision requirements or other applicable regulations, the applicant may select the front setback street unless fifty percent (50%) of the lots on a double frontage block are developed with the same front yard orientation. In that case, all remaining lots are to orient their front setbacks with the majority. (2) Double Frontage Setback Requirements. A full -front setback is to be provided adjacent to one frontage, and a setback of one-half (1/2) the required front setback depth adjacent to the other frontage. (gf) Establishment of Front Setback on Zoning Map. The Planning Commission may establish greater front setbacks than those required in this section by delineating the setback on the zoning map. Procedures specified by Section 9-1.115 of this title shall be followed in establishing such setbacks. 9-4.107 Side setbacks. The side setback is measured at right angles to the side property line to form a setback line parallel to the side property line, which extends between the front and rear setback areas. 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 exept11 -must have a minimum side setback of five (5) feet, unless built as a common wall or zero lot line development, e.,^e..� ^�-. Exceptions: (1) Common Wall Deyel.,...,,ent Any t.,,o (2) dwelling.unitom nd/er their- ., be eatistnieted on adjoining lots withetit setbaeks between them provided that: (ii) A eaffimen wall or- pai4y wall agr-eement, deed r-estr-ietien, or- ether enfafeeable r-estfietion has bee.. ,led; Quality Code Data 11/1/2022, Page 26 (iii) The side seibaeks opposite the eommon wall pfopei4y line afe not less than tA,o42)44Re54he mininium width fequir-ed by this Beet * d (;..) !`.,,-,,,,-,on all ,. nstfeetio ; in eomplianee with the T nif fm Building Code. (2) Zero Lot Line ., e Deyel.,,v e t A f dwelliitdje:lots m, be established �P g ong ,,,s ., a . inbg so that all units abut one (1) side pfopei4�, provided tha4� (i) The has been eliminated for ., entife block th.•ough subdivision mor- n dit:onal use it . a1• 0 (ii) The med-led A9 deed .vistiietai v=, v= orho« "__,..._..,..,...... ,..�,., ,...,.._., (iii) The side setbaek shall not be eliimi a4e d o e duce d .,,, the istroot sof lot; -an- (iry) Side setb-acks oppositle Ithe pr-epeFty line are- Ot less- than Aviree the mini feqttiFed zvxi: (31) Access Easements. All access easements shall have a minimum setback of five (5) feet, measured from the edge of the easement. (2) Transition to Adjacent Rural and Single Family Uses. Where the side property line abuts a property in a RR, RS. RSF. or LSF zoning district. Section 9-4.130 (Transition to Adjacent Rural and Single Family Uses) applies. (n) Additional height for- buildings in RA4F. Multifamily #vell}}gS`BiiEe@C}n„ twenty five 25 ) feet M height shall h..= e ., to.� /1 /ll F ,.t-oth.,..L � .• .,11 .�rs-of the becmmng�er twenty -nee (25) -feet }irnheight-. ght (b) CN, CP, CR, CS, CT, CPK, IP, I and P Zones. No side setbacks are required, unless adjacent to property in the RR, RS, RSF, LSF zoning districts, in which case Section 9-4.130 (Transition to Adjacent Rural and Single Family_Uscs_) applies. 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: (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 rear 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 zonee, 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. except for the landscape buffer required hv Section 9-4.130(j)(4). The rear setback must shall be a minimum of ten (10) feet for buildings or portions of buildings whieh hat exceed twelve (12) feet in height, unless adjacent to property in the RR. RS, RSF. LSF zoning districts, in which case Section 9-4.130 (Transition to Adjacent Rural and Single Family Uses) applies. (c) L, LS and P Zones. A minimum of ten (10) foot rear setback is required. Quality Code Data 11/1/2022, Page 27 9-4.109 Interior setbacks and open areas. Detached buildings located on the same site are to be separated as follows: (a) Non -Habitable Structures. Minimum (5) foot setback required for enclosed structures. No minimum setback for open -sided structures. (b) Habitable Structures. Minimum six (56) foot setback required. (c) Exemptions. The following structures are exempt from the provisions outlined in this section: (1) Decks; (2) Patio covers and landscape structures; (3) Structures under one hundred twenty (120) square feet when exempt from a building permit based on the adopted Building Code and consistent with the standards set forth in Section 9- 6.106(b)(3); (4) Similar accessory structures as determined by the Community Development Director. 9-4.110 Projections into required setbacks. (a) Uncovered Decks. When constructed with a height more than thirty (30) inches above the surrounding finish grade, a wood deck may extend into required setbacks as follows (decks less than thirty (30) inches high are exempt from these requirements). See Section 9-4.104(a)): (1) Front Setback. A deck is not to be located therein. (2) Side Setback. As determined by the Uniform Building Code. (3) Rear Setback. A deck may occupy up to thirty percent (30%) of a required rear setback, but is to extend no closer than three (3) feet to the rear property line. (b) Fire Escapes. A ladder or stairs designed to be used exclusively as an upper floor fire escape may project into a required setback only as provided by the Uniform Building Code. (c) Roof and Wall Features. Cantilevered and projecting architectural features including chimneys, bay windows, balconies, cornices, eaves, rain gutter, signs (where allowed), display windows, and solar collectors may project into a required setback only as allowed by the Uniform Building Code. (d) Porches. (1) Front Porch. A covered front porch may project up to six (6) feet into a required €rte rip marX street setback (Section 9-4.106), provided that the floor level of the porch is to be no higher than the ground level of the building. An unenclosed front porch is not limited on its projection, provided it is one hundred (100) square feet or less in area. (2) Side Porch. A porch and/or outside stairway may be located in a required side setback provided the porch is not roofed or enclosed below the steps and does not extend into the side setback more than allowed by the Uniform Building Code. (3) Rear Porch. A porch in the required rear setback is subject to the same limitations as a deck, pursuant to subsection (a)(3) of this section. (e) Flag Lots. Six (6) foot fences shall be allowed within the front yard setback area, but in no case shall a six (6) foot fence be allowed within an area connecting the required front yard setback areas for any adjoining lots. Trash enclosures may encroach into the front yard setback area but shall maintain a five (5) foot setback from adjoining property lines and shall not be located within the access strip. Quality Code Data 11/1/2022, Page 28 9-4.112 Measurement of height. U Buildings and Structures. The height of a building or structure is to be measured as the vertical distance from the highest point of the structure to the average of the highest and lowest points where the exterior walls touch the finish grade. (b) Fences, Walls. andHedges. The measurement of heights for fencing, walls,. arbors or hedges shall be subject to Section 9-4.128. 9-4.113 Height limitations. The maximum height for new structures is as follows: (a) Limitation by Zone. Zone Maximum Height A RS RSF LSF 30 feet CN CP, CR, CS, CT 35 feet CPK, IP,1 45 feet LS, L, P 35 feet 35 feet RMF Setbacks : a o , ,4h ❑ 4.10-:1) (b) Exceptions to Height Limitations. (1) Planning Commission Waiver. The height limitations of this section may be modified through conditional use permit approval, provided the Planning Commission first finds the project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties and that the modified height will not exceed the lifesaving equipment capabilities of the Fire Department. (2) Height Adjustment. The height limitations specified by subsection (a) of this section may be adjusted by-appr-av l of an aaministfalive use peftnit (c e ien 9 1.11-2)—for a single-family residential building in a single family residential zoning district to allow additional height_, to a maximum of €ertthirty-five (4035) feet, provided that the required side and rear setbacks are increased one (1) foot in width for each foot of height over thirty (30) feet. Additional height up to forty (40) feet may be granted by the approval of an administrative use permit (Section 9.1= 112), provided that the required side and rear setbacks are increased one (1) foot in width for each foot of height over thirty (30) feet. (3) Downhill Lot. Where the average front -to -back slope of a lot is greater than one (1) foot of fall in seven (7) feet of distance from the centerline of the street to the rear face of the proposed building, up to ten (10) feet may be added to the rear building face, which is to be excluded from the height measurement (Section 9-4.112). (4) Uninhabited Structures. The height limits specified in subsection (a) of this section do not apply to the following structures (measurement of height is to be from the ground, as set forth in Section 9-4.112): (i) Radio and television receiving antennas of the type customarily used for home radio and television receivers, when fifty (50) feet or less in height. (ii) Transmitting antennas used by licensed amateur (ham) radio operators when fifty (50) feet or less in height. (iii) Flagpoles fifty (50) feet or less in height. Quality Code Data 11/1/2022, Page 29 (iv) Grain elevators, silos, water tanks, windmills, wind generators, and all other similar structures not containing residential uses and located in the A, RS, CR, CS, CPK, IP and I Zones. (v) Chimneys no more than one hundred (100) feet in height located in the CPK, IP and I Zones and all other chimneys and roof vents extending no more than two (2) feet above the height limit specified in subsection (a) of this section. (vi) Industrial towers, nonportable equipment and other uninhabited structures no more than sixty (60) feet in height located in the CPK, IP and I Zones. (vii) All portable construction equipment. (viii) Public utility poles and structures for providing electrical and communications services. (ix) Solar collectors not more than five (5) feet above the height limit specified in subsection (a) of this section. (x) Satellite receiving and similar communication dishes and devices in commercial and industrial zones, when no more than ten (10) feet above the maximum height in the zone. (5) Architectural Projections/Features and Mechanical Equipment. The following structures and structural features for multifamily residential and mixed-use structures may exceed the height limits of this section provided the added features do not block solar access to adjacent properties, as follows: (i) Nonhabitable architectural features. The height life t,.tions of this see4ian mot, by : o sod T iip te fei4y (40) feet thr..,tgh administrative use m-t a ,.,1 t., allo.,, f r nNonhabitable architectural features may be allowed to exceed maximum heights by ten (10) feet including, but not limited to, varied roof forms, tower elements, and cupolas with the intent of encouraging creative building design, provided the feature is an integral part of the structure's architecture, materials—and style. (ii) Rooftop Mechanical Equipment. Rooftop mechanical equipment and relatedassociated architectural screening may exceed maximum height limits by up to five (5) feet provided the screening uses the same architectural style and materials as the primary structure, the screening does not use temporary materials, such as lattice, and the enclosure and equipment is set back a minimum of ten (10) feet from the building's edge or integrated into the building roof form. (iii) Elevator Shafts and Stairways. An elevator or stairway to a rooftop deck/upper story open space may exceed the maximum height limits by up to ten (10) feet. (i-y) To appr-eve an administfative use pefinit to inerease height, the fallowing findings shall be made: b. The added F .,t„res will not Week solar a o s to adja ent p . eAies 9-4.115 Off-street parking required. All uses requiring an entitlement shall be provided off-street parking as set forth in this section, except parking lots in the following situations: (a) Compact Car Spaces. Lots with twenty (20) or more spaces may substitute compact car spaces for up to twenty percent (20%) of the total number of spaces. Compact car spaces shall be a minimum of eight (8) by fourteen (14) feet in size. Compact spaces shall be designated by painting the word "compact" or similar, on the surface of the space. (b) Motorcycle Parking. Lots with twenty (20) or more spaces may replace regular spaces with motorcycle spaces at a ratio of one (1) motorcycle space for each twenty (20) spaces. Motorcycle Quality Code Data 11/1/2022, Page 30 spaces shall be a minimum size of three (3) by six (6) feet. Motorcycle spaces shall be designated by painting the word "motorcycle," or similar, on the surface of the space. (c) Bicycle Spaces. Lots with twenty (20) or more spaces may substitute a bicycle rack providing space for at least five (5) bicycles at a ratio of one (1) bicycle rack for each twenty (20) spaces. It is recommended that all shopping centers provide some bicycle spaces in the project. (d) Parking District. Parking requirements may be modified within a parking district where the district provides adequate parking within the limits of the district and the parking requirements of a new use are accommodated by the parking district. (e) Shared On -Site Parking Adjustment. Where two (2) or more nonresidential uses are on a single site, the number of parking spaces may be reduced through administrative use permit approval (Section 9-1.112) at a rate of five percent (5%) for each separate use, up to a maximum of twenty percent (20%); as long as the total number of spaces is not less than required for the use requiring the largest number of spaces. (f) Shared Peak -Hour Parking. In addition to the reduction of required parking allowed by subsection (e) of this section, where two (2) or more uses have distinct and differing peak traffic usage periods (for example, a theater and a bank), the required number of parking spaces may be reduced through conditional use permit approval, provided that the parking lots of each use are located within three hundred (300) feet of each other (as measured along the most direct pedestrian path). The amount of reduction may be up to seventy-five percent (75%) of the amount of spaces required for the most intensive of the two (2) or more uses sharing the parking. (g) On -Street Parking Adjustment. (1) Subject to approval of an administrative use permit, multifamily residential and mixed-use developments may meet a portion of required guest parking with on -street parking along the site frontage. Where on -street parking is not marked twenty-two (22) lineal feet of curb space constitutes an on -street parking space. Where an on -street parking, space is adjacent to multiple lots, the credit is given to the development on the lot whose frontage contains more than fifty percent (50%) of the parking space length. (2) Where a proposed driveway from a street to a new parking area would eliminate on -street parking spaces equal to or greater in number than the off-street spaces required, the requirement for off-street spaces may be eliminated through administrative use permit approval (Section 9- 1.112 of this title) where the access or proposed building cannot reasonably be redesigned to avoid a net loss of parking. (h) Planning Commission Modification. The parking standards of this title may be modified through conditional use permit approval based upon specific findings of fact that the characteristics of a use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by this title and that reduced parking will be adequate to accommodate on the site all parking needs generated by the use. 9-4.116 Location of parking on a site. Required parking spaces may be located as needed on a proposed site, subject to the design and construction standards of Sections 9-4.117 and 9-4.119 of this chapter and the following: (a) Use of Primary Streeter Setback. Required parking spaces are not to be located within the required ffeR r— ary street setback (Section 9-4.106). (b) Parkin, Between Front Property Line and Residential Buildings. For residential -only and mixed-use residential projects, parking spaces must not be located between the residential structures and the Quality Code Data 11/1/2022, Page 31 front property line. However, this configuration may be allowed with administrative use permit approval, provided the parking is constructed of pavers or integral color stamped concrete and based on a finding that superior outdoor common open sace results from the parking configuration. (bc)Use of Side and Rear Setbacks. Side and rear setbacks may be used for vehicle parking. A minimum of five (5) feet of landscaping is required except -on the street side of a corner lot and except ,, h o laird.,.,,. ing : required by Seetie o 4.125 ofthis chapter- between the property line and theap rking area. This can be reduced to three (3) feet when decorative concrete (integral color and stamped) or pavers are utilized, consistent with Section 9-4.125(b)(6). (d) Garages for Multifamily Uses. Individual garay-es attached to and serving a single residential unit are allowed. provided each =ague is no more than fourteen 14) feet wide and the vara e door is recessed five (5) feet from the adjacent fagade. Other required parking spaces, including required parking,for the unit and guest parking. must be provided in a shared parking area. 9-4.117 Parking design standards. All off-street parking areas shall be designed and improved as set forth in this section. (a) Parking Space and Aisle Dimensions. All off-street automobile parking spaces are to be a minimum of nine (9) by eighteen (18) feet in size, except for compact car spaces, handicapped spaces, motorcycle spaces, and bicycle spaces (Section 9-4.115). Parking lot aisles shall be as follows: (1) Angle Parking. The aisle dimensions for angle parking are to be based upon the angle and width of the parking space as set forth in the following chart. The use of a wider parking space enables reducing the aisle width, as shown. a e � I aapL —8 — —_ L Quality Code Data 11/1/2022, Page 32 Angle Space Width (a) Space to Curb (b) Aisle' (c) Tier' Width (d) 90 degree 8' — 00 14' 0" 20'— 0" 52'— 0" 9'-0" 18'-0" 24'-0" 60'-0" 101-01, 18'— 0" 22'— 0" 58'— 0" 60 degree 8'-0"3 16'-0" 14'-0" 48'-0" 9'-0" 20'-0" 18'-0" 58'-0" 10'-0" 20'-8" 16'-0" 1 57'-4" 45 degree 8' —0113 15'— 6" 12'— 0" 43'— 0" 9'-0" 19'-0" 16'-0" 54'-0" 101-01, 20'— 0" 14'— 0" 54'— 0" Notes: 1 Aisle widths for 45 degree and 60 degree spaces are one-way only. 2 Tier means 2 rows of parking spaces, plus an aisle. 3 Compact car spaces only, see Section 94.115(a) of this chapter. Quality Code Data 11/1/2022, Page 33 (2) Parallel Parking. Space dimensions are to be nine (9) by twenty-two (22) feet. Aisle dimensions for parallel parking are to be twelve (12) feet for one-way aisles, and twenty-four (24) feet for two-way aisles. (3) Access Drive Location. A driveway from a street to a parking area with €euw--two (24) or more spaces is to be located and designed as follows: (i) Distance from Street Corner. Parking area driveways are to be located a minimum of fifty (50) feet from the nearest street intersection, as measured from the centerline of the driveway to the nearest travel lane of the intersecting street. (ii) Number of Driveways. Entrance and exit driveways crossing the street property line of a single site are to be limited to two (2) along the frontage of any single street except properties in excess of five hundred (500) feet of frontage may have one additional drive for each two hundred fifty (250) feet. One-way Ddriveways on the same non -single-family property are to be separated by a minimum of sixty 4fteexr"60 feet. Two-way driveways on the same non -single-family property must be separated by a minimum of one hundred fo --five 145 feet if located on an arterial street and ninety-five 95 feet if on a non - arterial street. Distance is measured from the centerline of the drivewgy(s). (iii) Driveway Design. Driveways shall be designed to provide for entrance and exit in a forward direction and to avoid backing directly into public streets. (iv)Reciprocal Access Driveways. Drivewa s that provide access to more than one 1 residential or mixed -lase residential project must provide a reciprocal access easement and may waive the landscaping required by Section 9-4.125(a)(6). (4) Drop -Off Points Required. Parking areas for public assembly facilities shall include a designated on-site location for dropping off passengers at an entrance to the facility in advance of parking the vehicle. Drop-off points are to be provided for: hotels and motels; schools with fifty (50) or more students; churches with a capacity of one hundred (100) or more; restaurants with a capacity of fifty (50) or more customers; public transportation terminals; places of public assembly; public buildings; and offices larger than five thousand (5,000) square feet. (5) Tandem Parking. Each space in a parking lot, area or garage is to be individually accessible, except that automobiles may be parked in tandem in the following situations: (i) In a parking area serving a single-family dwelling or individual mobilehome where the tandem parking is not more than two (2) cars in depth; provided that both spaces are for the same dwelling, and are not located in a required front setback. (ii) In a public garage or public parking area where all parking is performed by attendants at all times, or for public assembly facilities and temporary events where user arrivals and departures are simultaneous and where parking is attendant -directed. (iii) For all -day employee parking lots restricted to employee use, provided that required aisle widths are maintained, and no more than fifty (50) percent of the employee spaces are designed for tandem use. (b) Residential Garage and Carport Standards. (1) Interior Dimensions. a. Single Car Garages and Ca orts. Parking spaces in a single -car varage or carport must have a minimum width of twelve (12) feet and a minimum length of twenty (20) feet. b. Multi Car Garages and Carports. All parking spaces in a garage or carport intended for more than one (1) vehicle must have a minimum width of ten (10) feet and a Quality Code Data 11/1/2022, Page 34 minimum length of twenty (20) feet for each parking space. If the arage or carport sides are enclosed one 1 additional foot is required on each enclosed side. c. Measurement. The minimum width and length must be measured from within the interior dimensions of theara e� or carport. (2) Single -car garage doors must have a minimum clearance width of nine (9) feet, and double - car garage doors must have a minimum clearance width of sixteen (16) feet. No chain link doors or walls will be perinifted. (3) Garages for Multifamily uses. See Section 9-4.116(d). Amend 9-4.118 section (a) to read as follows: (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 unless approved by the Community Development Director in conjunction with a parking management plan. (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. Quality Code Data 11/1/2022, Page 35 9-4.119 Parking lot construction standards. All parking areas containing three (3) or more off-street parking spaces are to be improved as follows, except as otherwise provided by this section. (a) Surfacing. All parking areas are to be surfaced with an asphalt, concrete, chip seal, or crushed rock surface, or similar, as specified in the following chart or as required by property development standards listed in this Code. Where concrete or asphalt is required, brick or other masonry paving units may be substituted, including turf block. Where surfacing is intended to function as both emergency vehicle access and open space with appropriate amenities, surface must include pavers, integral color stamped concrete masonry, brick or permeable paving units. Minimum Required Surface Parking Lot Turnover Location High Medium Low Inside urban services line Asphalt or concrete Asphalt or concrete Asphalt or concrete Outside urban services line Asphalt or concrete Asphalt or concrete Crushed rock or chip seal (b) Lining and Marking. Parking spaces in paved parking areas shall be marked with paint striping, a minimum of two (2) inches in width. Parking spaces in other types of lots may be identified by wheel stop barriers. (c) Wheel Stops. Wheel stops or continuous concrete or asphalt curbing are required in all parking lots to define the perimeter of the parking area and to protect landscaping from vehicle encroachment. In addition, wheel stops are required for each parking space in a high turnover parking lot. Wheel stops shall be provided as follows: (1) Materials and Installation. Wheel stops shall be constructed of concrete, continuous concrete curbing, asphalt, timber, or other durable material not less than six (6) inches in height, or an approved functional equivalent. Wheel stops are to be securely installed and maintained as a safeguard against damage to adjoining vehicles, machinery or abutting property. (2) Setback. Wheel stops or other vehicle barriers shall be located approximately three (3) feet from the front of the parking space. (3) Functional Equivalent. Wherever possible, functional equivalents in the form of raised sidewalks or curbs surrounding planters or similar may be used in lieu of wheel stops. (d) Vertical Clearance. Covered parking spaces are to have a vertical clearance of at least seven (7) feet six (6) inches above the parking lot surface for all uses, except residential. (e) Slope. The finished grade of a parking lot is not to exceed five percent (5%) slope, unless approved by an administrative use permit (Section 9-1.112 of this title). (f) Landscaping. , . Shade trees are to be provided at appre*imat yat a maximum spacing of thirty-five (3835) feet -feet i along parking rows, except shade trees are not required where solar panel covered carports are located. Landscape finger -s shall be a minimum of six (6) feet wide and shall be provided every eight (8) par -king spaeohese landscaping requirements do not apply to parking lots that are underground or within buildings. (g) Screening. Quality Code Data 11/1/2022, Page 36 (1) From Residential Areas. Parking lots that abut a residential zone shall be separated from such property by a landscaping strip with a minimum width of five (5) feet and a six (6) foot high solid fence or wall. (2) From Streets. Parking lots abutting a public street shall be separated from the street right-of-way by a landscaping strip with a minimum width of ten (10) feet; and, where parking spaces are arranged to head toward the street, by a minimum three (3) foot high solid fence decorative wall or landscape equivalent located on the parking lot side of the landscaping strip. 9-4.124 Landscaping, screening and fencing. The purposes of landscaping, screening, and fencing standards are to: provide areas on sites which can absorb rainfall to assist in reducing storm water runoff; control erosion; reduce glare and noise; enhance the appearance of structures and property; an44o-provide visual privacy; consider the native flora and fauna; provide shade and reduce heat island effect; and screen buildings and associated non-structural site elements to the extent practicable. Landscaping, screening and fencing standards are organized in the following sections: 9-4.125 Landscape standards. 9-4.126 Standards for landscaping materials. 9-4.127 Landscaping plans. 9-4.128 Fencing and screening. 9-4.129 Solid waste collection and disposal. 9-4.125 Landscape standards. (a) Where Required. - The sites of all projects requiring approval, except for single family dwellings, are to be landscaped as follows: (a) Minimufn Landseaped Area. (1) In the fell jistr-iets, minimum landseape _erage based on the not site -.-- ate as follows: -(i) Single lz6i iqg dlstrlets: none (see Chapter -5 of this Godee tfer seevir`7 unit 4niseeapi 4tess\• j �i dam-tixcrr (ii) Multifamily zoning dist.-iets: twenty five par -e044 /7G0%\• 0-04o); (iV) !HdUStFi l Z g ,l:St.-;et,• F,..O ,4 0144 (15'%)• (N,) Planned Developmefit over -lay zoning distriets: as r-equifed by the fflastef Plan and eendition approval. (2) Detefmination of Lands --- ge Area. Lands---,---- area s4all inelude all areas t oever-ed by p 0,44 of buil17;,41. e-lu inn but not limited to 0 0areas, 1 lame fs and— setbaek areas. Deeera4ive pw,,ement used within a eommen open spaee area --icair°xvircrr et'1 el purposes may be iHeluded in the !an(l . _e ealeula4ion. the Community , may deer -ease the minimum 1ands,...pe area, following n the e fitefia0 (i4 Pfefessionally designed landseaping, designs of speeial merit, deeeraive site elements, a 'i feqttest t0 r-eduee ell lands Quality Code Data 11/1/2022, Page 37 on approval pfoeess) FAay gr-ant a r-eduction of an applieafiVs land ient by a total of ror;., listed below a. Retention 0c(25440) - etas ed over- the „ eet site; o. l' Use of Elee6r-atiye payef ner r . a4e .,1 stiek as pavefs of eelered stamped , ..oro . o.,r., f:,.o „ .,r /7c0/_\ of the paved afea of rho .;ro• e. installation of a vafiety of tree and plant matefials, inehiding afnafnefital speeies and native tf ee5; zed trees th..ough@u4 rh.a „ eet site ere Required. T- sites of all pr-ojeets fequir-ing appf:E),,,al, exeept f0f: single family .].,7,01'1':�.,.,- o r„hr-r�e-i-i5,:,e�r�rC. pep ,,.. F11---. (1) Setbacks. All setback areas required by Section 9-4.103 or Chapter 9-6 of this title, except where enclosed fencing : aeoer-danee with Seetion o 4.128 ofthis-.�-e Rpteras a rio vate yard and except where a required setback is traversed by a driveway or sidewalk; (2) Unused Areas. All areas of a building site not identified on a site plan intended for a specific use or purpose, except wher-e Wised a-ad bloc ed fronq the view ofpublie streets by solid fe and,lar- bttiklingsenclosed private yards; (3) Parking Areas. As required by subsections (f) and (g) of Section 9-4.119 of this chapter; (4) Trash Enclosures. All trash enclosures shall be screened with landscaping unless built into the building or built in compliance with Section 9-4.129 (Solid waste collection and disposal ; (5) Street Trees. Minimum fifteen ( 15) -gallon meet street trees shall be provided along all public and private street frontages at a maximum spacing of Ynifiimum of irty (30) feet on center, and comply with Section 9-4.126. (i) Downtown street trees shall be planted in accordance with adopted downtown streetscape standards. (ii) Street trees outside of the downtown shall be planted outside of the public right of way unless an encroachment hermit is approved by the Public Works Department. a. Naturalized tree groupings may be allowed at the same ratio, subject to the approval of the City Engineer and Community Development Director. b. Trees shall be planted within an unpaved planting area at least six ( 6) feet in width and six (6) feet depth. c. Trees shall be planted with a twelve (12) -foot minimum distance to buildings on all sides; (6) Special Use Sites. As required by Chapter 9-6 of this title for specific land uses, for the purposes of screening, buffering or general landscaping; (7) Where Required by Conditions of Approval. As set forth in conditions of approval adopted pursuant to Section 9-2.110(b)(3)(ii); (8) A minimum five (5) foot landscape strip must be provided within the side yard setback of all commercial and multifamily project sites, except in locations where a reciprocal access easement exists with the adjacent lot or commercial building is located (see Section 9 - Quality Code Data 11/1/2022, Page 38 4.117L1 f 31 f iv1). This side yard width may be reduced to three (3) feet if decorative concrete pavement is utilized. (eb)Exceptions to Required Landscaping. (1) Agricultural Usee Zone. Except where required for a special use by Chapter 9-6 of this title, setback and unused area landscaping- in aeeer-danee with....seed,.. (a"(` and 'a"'" of this motion, is not required where such areas are cultivated or maintained in native vegetation in association with agricultural uses. (2) Planning Commission Modification. Where conditional use permit approval is required, the Planning Commission may waive -,—modify the landscaping requirements of this section. If landscaping is decreased from the requirements listed above, findings saa+-must be made as follows: itliat—eExisting vegetation, topography, or structural arrangement preclude the need for landscaping. (ii) Use of decorative pavement material such as pavers or colored stamped concrete has been incorporated over a minimum of twenty-five percent (25%) of the paved area of the site; (iii)The project includes installation of a variety of tree and plant materials including ornamental species and native trees; (iv) Minimum 15 -gallon trees and shrubs are used throughout the project site. (v) For multi -family developments, the project meets the minimum open space requirements of Section 9-3.262 9-4.126 Standards for landscaping materials. Materials used and their installation and maintenance is subject to the following provisions, except single- family residences within a single-family residential zone: (a) Allowable Materials. Landscaping shall include some combination of the following materials, where appropriate to achieve the intended or required purpose of the landscaping (e.g., screening, etc.) and must meet all Wildland Urban Interface (WUI) standards,_ as_applicable-b t ;., no ease shall eepAain (1) Trees (minimum fifteen (15) -gallon size), shrubs (.minimum one (1) -gallon size), groundcover, non-invasive vines, flowers or lawns (drought -resistant plantings are preferred in order to minimize water use for landscaping), ' (2) Nonliving landscapingmaterials, including but not limited to 13decorative pavement, mulch, decorative boulders, or other decorative materials in accordance with landscape coverage standards listed in Section 9-4.125 of this chapter; (3) Natural features such as rock outcrops; (4) Structural features, including fountains, ponds, walls, and fences. (5) For multifamily residential projects, a pedestrian entry feature may be installed that exceeds the fence freight standards but small not exceed a maximum height of nine feet. width of eight feet, and depth of four feet. (b) Excluded Materials. Landscaping proposed to satisfy the requirements of this title shall not include any plant materials which: (1) Have root structures that in their mature state may damage or interfere with the normal use of existing public or private underground electrical lines, cables, or conduits, pipes or other underground structures; or public or private sidewalks, curbs, gutters or paved parking and turnaround areas, drainage improvements, or adjacent structures, foundations or landscape Quality Code Data 11/1/2022, Page 39 materials. For residential proiects of two units or more, landscaping and planting plan must demonstrate landscaped area can accommodate proposed plant palette at full maturity; (2) Will have diminished potential for survival because of proposed locations or grouping that does not satisfy the needs of the plant material necessary for healthy growth; (3) Because of proposed location and type, will create a potential hazard of blush or forest ild-fire; (4) Will obstruct the vision of vehicle operators or pedestrians at points of intersection between pedestrian and vehicular traffic.. (refer to engineering standard: Minimum Sight Distance for Driveways and Intersecting Roads with Stop Control (5) Are identified on California Department of Food and Agriculture list as noxious or invasive; (c)L-,-9nvret@Gctrb:,,,. Where 1.,,,,1s,..,...:,,.. is required to be ;,,srallo.l 1..,I.�G OfthiS , pr -ie.- t., final unless a h.,n i' ,o.l i`.,4,,.,,,,,,:+., PeVel.,,,.,,o„t T Peet.,.• —(ec)Proper Maintenance Required. All required plantings shall be maintained in good growing condition, and in any case where a required planting has not survived, shall be replaced with new plant materials. All landscaping _on-site or planted along street frontage shall be maintained in a manner that allows trees to grow to their full natural height and natural canopy. No growth suppressants shall be permitted that r� Illt in stunting or modifying the natural growth -attern of the tree. A maintenance agreement may be recorded against the property in a form approved by the Community Development Director. 9-4.127 Landscaping plans. The purpose of a landscaping plan is to identify the placement and type of plant materials as features of project design. By detailing the plantings and method of irrigation proposed, a landscaping plan provides an effective means for evaluating whether chosen plant materials will: survive in the climate and soils of a given site; satisfy the functional objectives of landscaping (such as erosion control, screening, recreational opportunities, and shade) within a reasonable time; and whether a proposed irrigation system will adequately support landscaping while conserving water. Landscaping plans shall be prepared, processed, and used as follows: (a) Where Required. Landscaping plans are required for all commercial, mixed-use, and multi -family projects building �i c, except for: (1) Residential prejeets of !we (2) units ---(2+-Agricultural uses not involving buildings and agricultural accessory buildings. (b) Landscaping Plan Content. Landscaping plans are to be neatly and accurately drawn, .at an appropriate scale, that will enable ready identification and recognition of information submitted. Where a project covers only a portion of a site, the landscaping plan need show only the areas where existing soil contours and vegetation will be disturbed by construction or use, or other areas where landscaping is required. Landscaping plans shall show the following details, in accordance with the applicable design standards: (1) The location of all trees existing in or within fifty (50) feet of areas proposed for grading or other construction t,,, t are eigl# (8) inchesor- 1...,.o,. ; diametef „t four- (4) f of above,��a grade. Trees proposed to be removed are to be identified (refer to Section 9-11.105 for tree removal standards); (2) Any shrubs or plants identified as rare, endangered or critical by the San Luis Obispo County Native Plant Society; Quality Code Data 11/1/2022, Page 40 (3) Proposed landscaping details, including the location, species, container size, and number of trees, shrubs and groundcover, and provisions for irrigation; (4) Details and location of proposed fencing, entries, trash collection areas and freestanding signs; (5) Walkways, plazas and sitting areas, play areas, including related street furniture and permanent outdoor equipment; (6) Outdoor light fixtures, including their location, height and wattage; (7) Irrigation system details, where an automatic irrigation system is proposed or required. Irrigation plan details shall include: (i) A plan and schedule of equipment, including gate valve, backflow preventer, control valves, piping, sprinkler heads, meter size and location, (ii) Water source, including type, size of service connection, flow in gallons per minute (GPM), static water pressure in pounds per square inch (PSI), and maximum pressure in PSI required to operate the irrigation circuit with the greatest pressure loss in the system. 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 fent setb ek ^r side street setback adjacent to ^ 94eet. All fencing must meet Wildland Urban Interface (WUI) standards, as applicable. (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 but not including plumbing or exhaust vents, or chimneys, shall not exceed noise levels of 50dB at the property line and shall be screened to the height of the particular piece of equipment, as follows: (i) Roof -Mounted Equipment. Mechanical equipment ma be mounted on roofsprovided the equipment is concealed from the view of abutting streets wit -To be seFee edgy_ -solid architectural features that are inte rated into the overall architectural design, such as a parapet wall.-Temporga and lattice materials must not be used. f em the view of abutting streets. (ii) Equipment at Grade. Whenlee-ated on the gratind adjaeef4-to a building, fflee anieall . . . ;;ent shall be ser-eeiied by !a-ndseaping, a Solid wall er- feneing fiem the view of the street or- sur-ratmdingpreperties. All exterior sLipport gguipment shall be screened or incorborated into the design of buildings so as to minimize visual impact from the public right-of-way or adjacent residential zones. 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 six (6) months of installation. This subsection does not apply to single-family residential uses. Quality Code Data 11/1/2022, Page 41 (aa. Mechanical equipment located within three 3 feet of a structure shall be fully screened with structural/architectural screening that matches the architectural style and materials of the adj acent structure. Lb. }Mechanical equipment that is set back more than three (3) feet from a structure shall be fully screened with landscaping, except sides where access for maintenance is required. ired. Proposed plant materials shall have the capability of achieving sixty percent 160% of total view blockage within eiehteen (18) months of planting= and one hundred percent 100% of total view blockage within thirty-six (36) months of planting_ Maintenance access sides shall be oriented away from the public way or any common open space area(s). (c.) 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 4ent of eerne ...,,.a 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 Quality Code Data 11/1/2022, Page 42 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 rima or secondary street fronte setback sa4rmay 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. c. Interior fences or landscape delineation between private yards and common men spaces within multifamily developments, including cottage clusters, shall comply with Section 9-4.130(k)(5). d. Exterior fencing (along the original project site perimeter for cottage clusters and along the property lines for other multifamily projects) for multifamily residential projects shall be consistent in style, design, and materials throughout the project site and subject to any applicable additional standards of this section. (iii) Residential Gates: a. Gates are permitted in single-family residential zoning districts for private driveways. b. Gates shall be setback a minimum of twenty (20) feet from the right of way in accordance with engineering standards. c. Gates shall be a maximum of twelve (12) feet in height and shall remain residential in nature. d. Gateposts and other superstructures over site entrances and exits may be up to twelve (12) feet in height. e. Gates shall comply with emergency access standards. f. Gates shall not swing open toward the street unless the maximum swing is not closer than sixteen (16) feet from the edge of the right-of-way. g. Gates or associated structures shall comply with minimum sight -distance standards. h. A construction permit shall be required for all gates that exceed six -(6) feet in height or contain electrical components. (iv) Height Measurement. Fence height shall be measured from the adjacent grade of the downhill side of the wall, fence, or hedge. a. Where fences or walls are located on retaining walls or berms, the height of the retaining wall or berm shall be considered as part of the overall height of the fence or wall if the retaining wall or berm exceeds two (2) feet in height. b. If a retaining wall is terraced and separated by five (5) feet of horizontal space or greater, they shall be considered individual walls for the purposes of measuring height. (y) Clr;ICP/GP iI S/CT-IGPKInCmn Quality Code Data 11/1/2022, Page 43 =(2vv) The Design Review Committee (DRC) may grant an exemption to the f~�tbael� fencinge hei ht requirement in setbacks adjacent to streets, 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. (3mvi) Permit to Exceed Height. A minor conditional use permit approval is required where fencing is proposed to be greater than six (6) feet in height within or outside any required setback, with the exception of fencing described in subsection (c)(1)(i)(b) or subsection (c)(1)(a). (2) Additional Fencing Requirements. All fencing shall also comply with the following standards: i Transparency. Fencing within a required primary or secondau street setback shall have at least fifty percent (50%) transparency. The following designs and/or materials may be used: hog panel with wood frame, split rail, decorative iron, metal picket, wood picket, welded pipe rail with wire, or similar as approved by the Community Development Director. (ii) Fence Materials. a. The following designs and/or materials must not be used in any zoning district except as specified below for Industrial and Industrial Park Zoning designations: chain- link that does not comply with &Section— 9-4.128(c)(4)(ii), barbed wire, razor wire, plywood, particle board, paper, visqueenlap stic, plastic tarp, cloth. or similar material, except that barbed, razor, or concertina wire fencing mate allowed as follows: L For agricultural fencing utilized in a low height four (4) feet or less within a rural setting to enclose livestock ii. In the industrial and Industrial hark zoning districts, barbed,, razor, or concertina wire is sub(ect 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 surroundingLproperties and land uses. b. Dog-eared fencing and electric fences for animal control must not be used in any zoning district except in single-family and agriculture zoning districts. c. Wood fencing in any multi -family or non-residential development shall include a t9p and bottom rail. d. Fence posts shall be metal or pressure treated wood. iii Fencing around storm drainage basins: a. Shall not exceed four (4) feet, b. Shall be at least seventy-five percent 75% transparent, and c. May be constructed of split rail or other natural materials that have horizontal material implication. Quality Code Data 11/1/2022, Page 44 (43 ) Screening Materials Substitution. Where screening is required to be a solid wall or fence, the following materials may be substituted t . -,.ugh .dabs, efA see co,.+;en 9 1.112 of this .. subject to the approval of the Community Development Director, except where screening is required adjacent to a residential use or zone: (i) Landscape Screen. Screening plant materials may be substituted for a wall or fence, where: a. Proposed plant materials are certified in writing by a registered landscape architect as having the capability of achieving sixty percent (60%) of total view blockage within eighteen (18) months of planting, and one hundred percent (100%) of total view blockage within thirty-six (36) months of planting; and b. The applicant agrees in writing to install solid fencing after the expiration of thirty-six (36) months, in the event that the landscaping has not totally blocked the view of areas required to be screened. (ii) Berms. A landseaped berm may f-Aff a vi -All or feH60, pr-OVid-1-04 th_;# t1we Wall,eembination of h- enn And- Imadseaping is no less than the r-equiFed height of the fenee OF and that the bei:m is eenstfueted ,A,ith a maximum slepe ef !hr-ee to one (3: 1), with side slopes designed and plafAed to pr-evei# erosion, and with a founded sttrfaee a minimum 0 twe (2) feet in width at the highest point of the beffn, extendint4ke-4ength of the befm. The he= hall be planted with shr- bs , la?A, . ondeaver-.(iii) Chain -Link Fencing. Vinyl - coated, chain-link fencing with evergreen landscape screen planting within a plantiny, area at least three (3) feet in width may be substituted for a solid wall or fence in commercial and industrial zones, except ., hefe :� o o �; ent to v side,.;.., uses n zones. 9-4.129 Solid waste, recycling, and organics collection and disposal. Within the urban services line, all land uses �', except single fmil • dwel :nggs uses that do not create a need for solid waste pickup and disposal shall provide an enclosed area for the temporary storage of solid waste before disposal truck pickup, as required by this section. (a) Application Content. Applicatiens-Permit and entitlement applications f4 „'^+ plan, e ^'^^ wind ,.,..,a:¢;,,.,,,' use nni* .,.,,.-oval shall include the location of solid waste collection areas, collection containers, and maneuvering areas for disposal trucks, including access driveways where necessary. (b) Collection Area Standards. (1) Required Facilities. The following facilities shall be required for each project type. (i) Multi -family. Multi -family developments of two (2) units or less may be served by a consolidated shared waste collection area or may be served by individual trash receptacles for each unit if the property frontage is greater than fifty (50) linear feet. Multiple -family developments with more than two (2) units shall be served by consolidated common waste collection area(s). (ii) Mixed-use. All mixed-use developments shall be served by consolidated common waste collection area(s) regardless of the number of units. (iii) Commercial. All commercial developments shall provide a consolidated area(s) for solid waste collection. Quality Code Data 11/1/2022, Page 45 (4-2) Location of Collection Facilities. The solid waste collection area( shall be located within one hundred (100) feet of the dwellings or buildings served, but is not to be located in any 404 primary or secondary street 1 -setback (Section 9-4.106). (i) Exception: For multifamily residential projects of two or more units, subject to an administrative use permit and compliance with the following standards, solid waste collection areas may be placed within a primary, secondary, or corner street setback: a. Solid waste collection area shall be placed at least five feet from the primarystreet property line; b. The project shall provide an additional Tier 1 amenity for open space (described in Section 9-3.262(c)(4)(i)); o, The solid waste collection enclosure shall be designed to include all of the following_ 1. Shed, Babied, or trellis -style roof; 2. A walled in area utilizing, the same solid primary or secondary siding mater als as the multifamily structure,• and 3. Installation of a minimum of five (5) feet of landscaping surrounding non -entry portions of the structure: and d. Tree sing along property frontage in accordance with Section 9-4.125(a 3 . (2) Enclosure Required. Solid waste collection areas theA use a,,mpste .s of other ,.,,ntai e .s wit total ^:h. ^«o than two (2)+w;...h oo �� gallon ,. shall be desi_ ned to accommodate dumpsters. cans, compost, and/or recycling containers adequate to serve the project and consistent with State law, and shall be screened from the view of public streets and adjoining properties by a solid fence or wall as high as the collection container, but not less than three (3) feet nthan six (6) feet in height. (3) Enclosure Construction Standards. (i) The floor or bottom surface of a solid waste collection area shall be of concrete or other impervious materials. (ii) The collection shall have adequate~e'��vertical clearance. consistent with the solid waste removal service standards. for- ^ Eftinimum height of twenty Ave ('25 -feet. 4 Enclosure Construction Standards – Multifamily Residential and Mixed -Use Development. In addition to the above. the following standards apply to residential projects of two or more units: (iii) Enclosures shall be constructed of the same architectural design and materials of the primary structures on site, or shall be constructed of a darker earthtone textured block. . (ii) If located between a primary building and a street.. enclosures shall be compliant with Section 9-4.129 b i . — vi Every trash enclosure for multi -family residential development shall have a non- combustible, overhanging trellis or roof cover designed to prevent precipitation from entering trash bins. vii Enclosures shall have solid steel vehicular entry doors and one pedestrian door. ix Wheel stops or curbs shall be provided to prevent dumpsters from hitting walls of enclosure. Quality Code Data 11/1/2022, Page 46 9-4.137 Exterior lighting. The standards of this section are applicable to all outdoor night -lighting sources installed after the effective date of this title, except for streetlights located within public rights-of-way and all uses established in t 1��ltu fe Zen -e. A 1 ,.t,.iea pe m t may be ,• .-e ham, Talo 9. . marc (a) Illumination Only. Outdoor lighting shall be used for the purpose of illumination only and shall not be designed for or used as an advertising display, except as provided by CesTitle 9 Chapter 15 (Sip,n Code). ° A l in et seEt. (b) Nexdeeefative—Exterior Lighting Shielded. All ~„~,dv, o f tive exterior lighting shall be dark —sky compliant orequivalent and shall be recessed at least two inches or shall be shielded with two-inch shielding. as measured from the lens or light source to direct light toward buildings or the ground and reduce ;Aare. Light sources shall be designed and adjusted to direct light away from any road or street and away from any property or buildings outside the ownership of the applicant. (C) Minimization of Light Intensity.- No light or glare shall be transmitted or reflected off sitein suer suffetmding ~p ~ei4ies ~ stf and must not exceed four thousand (4,000) Kelvin. (d) Decorative Exterior Lighting Shielded. The light source for all Tights, including those are used for the purpose of illuminating or accenting building walls, signs, flags, architectural features, or landscaping, the light is to shall be shielded so as not to be diree-tl-}visible from off-site, .and must not exceed four thousand (4,000) Kelvin. String lights may be allowed in occupied dining and entertainment areas only and must not exceed three thousand (3,000)_ Kelvin. String lights shall not be used as landscape lights. This does not apply to seasonal lighting. - (e) Ground Illuminating Lights. Any light source used for ground area illumination except incandescent lamps of one hundred fifty (150) watts or less and light ~ o dttee a ,dir-eet y by the Offlb S*'0~ Of natufal gas of other fuels, shall be shielded from above in such a manner that the edge of the shield is level with or below the lowest edge of the light source. Where an), lightsour-ee intended fe g.-,. n d iliifa nat:.. J. 1..ea4e,d .,t ., height gr -eater th.,n ., ..ht (8) f o+T-ii=reze�uiie.1 extend below the lowest edge of the light sEfflf ee a distanee stiffieient to bleek the light setiree froffi the view F any si de ti l , 4hi , e thatis n d (1,000) 00) fof e f the li& 4) t„fe (f) Height of Light Fixtures. Freestanding outdoor lighting fixtures shall not exceed dewed -46& Fth tallest buil.d;__o on the site, 1 ~t to Smien 9 4.11 12 -feet in height. Parking Lot Lighting. Parking lot lighting may not exceed the levels needed to provide low level safe1y lighting for parking lot areas as demonstrated by photometric plans. (h) Motion Sensors. Lighting must be on motion sensors to minimize lighting when not in use. (i) Pedestrian Lighting. All lighting near residential units and along pedestrian pathways must be a pedestrian scale, which may include bollard lighting, (j) Exceptions: Lighting required for security at ATMs and similar types of areas may be exem t from shielding requirements if it can be shown that shielding will conflict with lighting levels required for safe . Amend AMC 9-4.159(b) as follows: (b) Where Required. Within the urban services line, concrete curb, gutter, and sidewalk is required with any project in the following areas: (1) In all commercial zones, except in commercial areas oriented to highway travel unless pedestrian, vehicular and use characteristics of the project and surrounding area indicate a need for the improvements. Quality Code Data 11/1/2022, Page 47 (2) In the RMF Zones, except tha4 area with a peffnit4ed density of ten "n` nits of less where the ri ht-of-wa is not of sufficient width to accommodate sidewalks on both sides. the City Engineer may allow alternative improvements to accommodate pedestrian walking surface on one side of the street and marking on the other side of the streetnet be fequifed to ..~evade i4ndi-eatte a need fef the imprevements. hi RN4F Zones with a per-Mitted deasit�, Of ten (10) , niis of less pefaere, asphalt of simila~fshould r imprej ements—shall bepfevided- to aceeffimadate odes¢~ (3) In all industrial zones, except that sidewalks may not be required unless pedestrian, vehicular and use characteristics of the project and surrounding area indicate a need for the improvements. (4) In areas designated by any Curb, Gutter and Sidewalk Plan adopted by the City Council. (5) In Planned Developments except where an alternative pedestrian path system is proposed and accepted by the City Engineer. (6) Along El Camino Real. (7) Along Morro Road (Capistrano Avenue to San Gabriel Road). Amend AMC 9-9.102 to add the following definitions: Abutting/Adjoining. Contiguous to, having district boundaries or lot lines in common (i.e., not separated by an alley,, public or private right-of-way. or street). Adjacent. The condition of being near to or close to but not necessarily having a common dividing line. Two properties that are separated by an. alley,public or private right-of-way, street, (other- that �~^' art);-nublic access easement, or creek, river, stream or other natural or artificial waterway shall be considered as adjoining one another. See also "Abutting/Adjoining." Open Space, Common. Open space that is accessible to all dwelling units on the site in the form of courtyards, landscaping, pedestrian paths. and recreational facilities. Open Space, Private. Open space that is accessible directly from the livinp- area of a dwelling unit in the form of a fenced vard or patio, a deck, or balcon . Open seace, usable. Areas designed and intended to support residents' passive or active use and located on the same parcel as the dwelling units for which it is required, or development where shared access and use is provided. Usable open space shall not include any portion ofaarrking, areas-, streets, driveways, sidewalks, or turnaround areas. Quality Code Data 11/1/2022, Page 48