HomeMy WebLinkAboutPC Resolution 2024-0017PC RESOLUTION 2024-0017
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY
COUNCIL INTRODUCE AN ORDINANCE TO AMEND TITLE 9:
PLANNING & ZONING, TO ADOPT DISCRETIONARY REVIEW
THRESHOLDS AND STANDARDS FOR HILLSIDES, HISTORIC AND
ARCHAEOLOGICAL RESOURCES, AND WATERCOURSE ADJACENT
AREAS
DISCRETIONARY REVIEW THRESHOLDS AND STANDARDS
(ZCH23-0061)
WHEREAS, the 2021-2028 6th Cycle Housing Element was adopted by theCity 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 April 28, 2020, the City Council authorized application forand entering
into agreement for the Local Early Action Planning (LEAP) Grant Program finds with the
California Department of Housing and Community Development to complete 'ark to adopt
standards that, when followed, can streamline projects through the development process and set
clear pathways for ministerial and discretionary review; and
WHEREAS, the LEAP Grant Program is focused on helping jurisdictions in the
preparation and adoption of planning documents and process improvements that accelerate
housing production and facilitate compliance with the sixth -cycle Regional Housing Needs
Assessment; and
WHEREAS, the City of Atascadero was awarded LEAP Grant Program funds implement
permit streamlining in line with the City's Housing Element and State goals and policies; and
WHEREAS, the City of Atascadero (6500 Palma Avenue, Atascadero, CA 93422) is
considering Zoning Text Amendments to Title 9 Planning and Zoning of the Atascadcco Municipal
Code to adopt modified discretionary review thresholds and standards related to hillside
development, historic and archaeological resources, and watercourse -adjacent areas; 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 subjectPlanning and
Zoning Text Amendments 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 Text Amendment:
SECTION 1. Recitals: The above recitals are true and correct and incorporated herein as
if set forth in full.
SECTION 2. Public Hearings. The Planning Commission held a duly noticed public
hearing to consider the project on October 15, 2024 and considered testimony and reports from
staff and the public.
SECTION 3. 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 standards for projects located on hillsides, in
areas where archaeological resources may be located, near watercourses and
wetlands, and associated with historic resources and sets forth clear processes for
ministerial and discretionary review of such projects.
3. FINDING: The Text Change will not, in itself, result in significant environmental
impacts.
FACT: The proposed text amendment establishes standards to protect existing
environmental resources, is aligned with the California Environmental Quality Act
Guidelines, and will not result in an environment impact.
SECTION 4. 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 5. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on October 15, 2024, resolved to recommend that the
City Council introduce an Ordinance that would amend the Title 9 of the Atascadero Municipal
Code consistent with the following:
1. Exhibit A: New Title 9 Sections (Establishment of AMC Sections 9-4.153 — 9-
4.157 [Hillside Development], Sections 9-4.163 through 9-4.169 [Historic
Resources] and Sections 9-4.169 through 9-4.174 [Watercourse -Adjacency
Standards])
2. Exhibit B: Title 9 Amendments (Grading Sections 9-4.139 - 9-4.145, Drainage
Sections 9-4.148 - 9-4.154, Article 26 HS [Historical Site] Overlay Zone Sections
9-3.621 - 9-3.623, Archaeological Resources Section 9-4.162, PrecisePlan Section
9-2.109, and Section 9-4.164 Lot Line Adjustment Review for Flag Lots
[renumbering only, to 9-4.170]).
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 Schmidt, and seconded by Commissioner Hughes, the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Schmidt, Hughes, Anderson, Carranza, Heath (5)
NOES: van den Eikhof, Keen (2)
ABSTAIN: None (0)
ABSENT: None (0)
ADOPTED: October 15, 2024
CITY TASCADERO, CA
To •i Keen
Planning Commission Chairpeison
Attest:
Phil Dunsmore
Planning Commission Secretary
Repeal and Replace Section 9-2.109 as follows:
9-2.109 Precise plan.
(a) Purpose and Applicability. 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. Precise Plans are required for the following projects:
(1) Hillsides. Grading and/or construction in a hillside area that does not comply with Section 9-
4.157 (Hillside Development Standards);
(2) Watercourse -Adjacent. Development or placement of items in a watercourse -adjacent or
wetland -adjacent area that does not comply with Section 9-4.175 and/or that the Community
Development Director has determined has the potential to adversely affect watercourse or
wetland resources (see Sections 9-4.170 through 9-4.175 [Watercourse -Adjacency
Standards]);
(3) Historic Resources. Alterations to historic resources on the Historic Resources List that do
not meet the Secretary of the Interior's Standards for the Treatment of Historic Properties
applicable to the particular historic resource, and/or any alterations to historic resources
listed on the National Register of Historic Places or on the California Register of Historical
Resources (see Sections 9-4.163 through 9-4.169 [Historic Resources]);
(4) Archaeologically Sensitive Areas. Projects within archaeologically sensitive areas as
documented on maps on file in the Planning Department where a Phase I archaeological
study concludes that there is the potential to adversely affect archaeological resources
pursuant to the California Environmental Quality Act (see Section 9-4.162 [Archaeological
Resources]); and 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 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.
(b) Precise Plan Applications. Precise plan applications shall include, as may be necessary, site plans,
written descriptions of activities to be conducted, technical studies of site characteristics, and any
other materials set forth on the application form or otherwise prescribed by City policy.
(c) Review and Approval.
(1) Review Authority.
(i) Community Development Director. The authority to take final action on a Precise
Plan application as set forth in this subsection is assigned to the Community
Development Director.
(ii) Elevate Review. The Community Development Director may refer project
applications to the Planning Commission if it appears that such referral is
necessary based on unique characteristics of a project or the need for additional
community input and/or other reasons needed to accomplish the purposes of this
Title.
(2) Public Notice. At a minimum, public notice shall be mailed to every property owner adjacent
to the exterior boundaries of the project site. The notice may be combined with the required
CEQA notice and shall include information about the proposed project and provide an
opportunity to provide comments within the stated review period.
(3) Effective Date of Approval. 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 approval, unless an appeal is filed with the Planning Department as set forth
in subsection (d) of this section.
(4) Appeal. Any person may appeal a decision on a Precise Plan application as set forth in
Section 9-1.111 (Appeal).
(d) Findings. The following findings are required for approval of a Precise Plan:
(1) General.
(i) Consistency. The proposed project is consistent with the General Plan and any
applicable specific plan; and complies with all other applicable provisions of the
Zoning Code and the Municipal Code;
(ii) Compatibility. The design, location, size, and operating characteristics of the
proposed activity will be compatible with the existing and future land uses in the
vicinity; and
(iii) Health and Safety. The proposed project will not be detrimental to the public
health, safety, or welfare, or be injurious to property or other improvements in the
vicinity.
(2) Hillsides. If located in a hillside area as defined in Section 9-4.154:
(i) The project design and site layout retains and utilizes natural contours of the site
to the extent feasible;
(ii) Unavoidable grading complements natural landforms to the extent feasible;
(iii) The healthy, native tree canopy has been retained to the extent feasible; and
(iv) Mass grading of large pads and excessive terracing has been avoided in
residential zones and minimized in commercial and industrial zones.
(3) Watercourse and Wetland Buffers. If located within a watercourse -adjacent or wetland -
adjacent area as defined in Section 9-4.171(a):
(i) The location and design of the feature within the watercourse or wetland buffer,
or other measures incorporated into the project, minimize adverse effects to
scenic resources, water quality, and riparian habitat;
(ii) The feature will not impact the floodway or the flood zone in a way that would
create negative impacts to downstream properties; and
(iii) The feature will not prevent the implementation of city -adopted plans.
(4) Historic Resources.
(i) If altering an historic resource on the Historic Resource List (Section 94.166):
a. The proposed alteration will not substantially diminish, eliminate, or
adversely affect the character, character -defining features, or historic
integrity of the historic resource, either due to the nature of the alteration or
because mitigation measures incorporated into the project will reduce
adverse effects; or
b. There is sufficient evidence, including evidence provided by the applicant,
that denial of the proposed alteration or relocation would cause an
immediate hardship because of conditions unique to the specific property.
(ii) If relocating an historic resource on the Historic Resource List:
a. Relocation of the historic resource is feasible from a technical, mechanical,
and structural standpoint considering the historic resource's condition, and
will not result in significant damage to the structure's historic integrity; and
b. Relocation of the historic resource will not result in significant adverse
effects to its historic integrity as a result of a change in its location, generally
maintaining or enhancing the setting.
(iii) If demolishing an historic resource on the Historic Resource list, any one of the
following:
a. The potential negative effects of the action are outweighed by the benefits of
the associated replacement project, as applicable; and
b. Alteration and/or relocation is infeasible from a technical, mechanical, or
structural standpoint considering the historic resource's condition or
location, and/or
The demolition is necessary to protect or promote the health, safety, or
welfare of the city residents, including the need to eliminate blight or
nuisance, or correct an unsafe or dangerous condition of the property.
(5) Archaeologically Sensitive Areas. If located within an area documented on maps on file in
the Planning Department as an archaeologically sensitive area:
(i) All required mitigation measures from technical studies are incorporated and
impacts have been minimized consistent with the requirements of 15064.5 of the
State CEQA Guidelines; and
(ii) Tribes have been consulted per the requirements of Assembly Bill 52.
Repeal and Replace Article 26 HS (Historical Site) Overlay Zone, repealing Sections 9-3.621
through 9-3.625 and replacing with Sections 9-3.621 through 9-3.623.
Article 26 HS (Historical Site) Overlay Zone
§ 9-3.621 Purpose.
§ 9-3.622 Applicability of the HS Overlay Zone.
§ 9-3.623 Processing Requirements.
9-3.621 Purpose.
The Historic Site (HS) Overlay Zone recognizes the unique historical nature of historic resources listed on
the California Register of Historical Resources and the National Register of Historic Places. The HS
Overlay zone is intended to identify these regionally recognized historic resources. Refer also to Sections 9-
4.163 — 9-4.169 (Historic Resources Ordinance).
9-3.622 Applicability of the HS Overlay Zone.
The HS Overlay Zone applies only to those parcels with historic resources that are listed on the California
Register of Historical Resources or the National Register of Historic Places. Definitions in these Sections 9-
3.621 — 9-3.623 shall be as defined in Section 9-4.165 (Historic Resources Definitions).
9-3.623 Processing Requirements.
(a) Alterations. Alterations to historic resources listed on the California Register of Historical Resources
and the National Register of Historic Places shall comply with Section 9-4.167(b) (Precise Plan
Review).
(b) Relocation. Relocation of historic resources listed on the California Register of Historical Resources
and the National Register of Historic Places shall comply with Section 9-4.168(a)(2) (Precise Plan
Review).
(c) Demolition. Demolition of historic resources listed on the California Register of Historical Resources
and the National Register of Historic Places shall comply with Section 9-4.168(b) (Demolition of Historic
Resources).
Amend as redlined Sections 9-4.138 through 9-4.146:
9-4.138 Grading.
The following sections (9-4.138 through 9-4.14 ) establish standards, in addition to the standards
contained in the Uniform Building Code, for grading and excavation activities to minimize hazards to life
and property; protect against erosion, the sedimentation of water courses, and the inundation of low lying
areas; and protect the safety, use and stability of public rights-of-way and drainage channels. it is the City's
intent to encourage grading that disturbs the minimum reasmie area, that relates to tnE ural contours of
the land, and that retains trees and other vegetatior Grading regulations are organized into the following
sections:
9-4.139 Grading plan required.
9-4.140 Grading permit required.
9-4.141 Grading permit: Application content.
9-4.142 Grading permit review and approval.
Q_4.143 Cnonial gFad'Rg standards
9-4.14 Grading standards.
9-4.x45-144 Sedimentation and erosion control.
9-4.x45--145 Nuisance and hazard abatement.
9-4.139 Grading plan required.
In any case where a proposed project requiring a precise plan or conditional use permit approval involves
fifty (50) or more cubic yards of earth moving,
the application shall include a ~rarle-caradino plan containing the information specified by this
section. If engineered grading (Section 9-4.141(b)) is to occur, then the grading plan shall also include all
information required by Section 9-4.141. A grading plan shall be neatly and accurately drawn to scale,
including the following information:
(a) Existing ground contours or elevations of the site at two (2) foot intervals.
(b) Contours or site elevations after grading is completed, including any modifications to drainage
channels.
(c) Any required retaining walls or other means of retaining cuts or fills.
(d) Elevations of the edge of the pavement or road at driveway entrance.
(e) Elevation of the finish floor of the garage or other parking area.
(f) Elevations at the base of building corners.
(g) Area of disturbance in square feet.
(h) Quantities of cut and fill.
(i) Erosion control notes and details.
Q) Drainage structures and other drainage design features.
(k) Sections showing grading, showing any retaining walls, cut and fill slopes, pads, building structures and
drainage structures.
(1) Grading notes, details or other information required by the City Engineer.
9-4.140 Grading permit required.
A grading permit shall be obtained where required by Title 8 of this code.
9-4.141 Grading permit—Application content.
To apply for a grading permit, 4f[G�ar application shall be submitted together with the additional
information required by this section. Where grading requiring a permit is proposed in conjunction with a
precise plan or conditional use permit request, those applications may be used to satisfy grading permit
information requirements as long as all required information is submitted.
(a) Minor Grading. Where Section 9-4.140 requires a grading permit and the grading will move less than
five hundred (500) cubic yards and is located on slopes less than twenty percent (20%); the application
for a grading permit is to include the following:
(1) Contour Information.
(i) For sites with slopes of ten percent (10%) or less, generalized existing contours and
drainage channels, including areas of the subject site (and adjoining properties) that will be
affected by the disturbance either directly or through drainage alterations.
(ii) For sites with slopes greater than ten percent (10%) and less than thirty percent (30%),
details of area drainage and accurate contours of existing ground at two (2) foot intervals;
for slopes thirty percent (30%) or greater, contours at five (5) foot intervals.
(2) Location of any buildings or structures existing or proposed on the site within fifty (50) feet of the
area that may be affected by the proposed grading operations.
(3) Proposed use of the site necessitating grading.
(4) Limiting dimensions, elevations or finished contours to be achieved by the grading, slopes of cut
and fill areas and proposed drainage channels and related construction.
(5) Drainage plan in compliance with Municipal Code Section 9-4.449-147 and the City of Atascadero
Drainage Standards.
(6) Where required by the Building Official, a soil engineering report, including date regarding the
nature, distribution and strength of existing soils, conclusions and recommendations for grading
procedures and criteria for corrective measures when necessary and opinions and
recommendations covering adequacy of sites to be developed by the proposed grading.
(7) Where required by the Building Official, an engineering geology report, including a description of
site geology, conclusions and recommendations regarding the effect of geologic conditions on the
proposed development, and opinions and recommendations covering the adequacy of sites to be
developed by the proposed grading.
(8) Intended means of revegetation, including the location, species, container size and quantity of
plant materials proposed, and the proposed time of planting.
(9) Where required by the Building Official, protective measures to be taken during construction, such
as hydro -mulching, berms (temporary or permanent), interceptor ditches, subsurface drains,
terraces, and/or sediment traps in order to prevent erosion of the cut faces of excavations or of the
sloping surfaces of fills.
(b) Engineered Grading. Where the grading will move five hundred (500) cubic yards or more, is located
on slopes of twenty percent (20%) or greater, or is located within a Geologic Hazard Overlay Zone or
Flood Hazard Overlay Zone, the grading plan shall be prepared and certified by a registered civil
engineer and shall include specifications covering construction and material requirements in addition to
the information required for minor grading.
9-4.142 Grading permit review and approval.
Grading permit applications shall be processed as follows:
S. ,.
perm An PAV. A—mentAl
.A
terraiR with slopes less thaR twenty 0%
00.
PeFGent
.A
-. .,
( ,)Application Processing_ Where No ESQ is Req iiFed Where o grading normit is Gategorinaliy ovo�_RmO
from the Provisions of (;EQA or hos been granted a negative declaration the The Building Official may
approve t4e_a_gradiM permit where the proposed grading is in conformity with applicable provisions of
this title; provided:
(1) The Building Official may require that grading operations and project designs be modified if delays
occur that result in weather -generated problems not considered at the time the permit was issued.
L Where a ,,ora+; riln^lar^+i„r for�r-iin,, ^,,rm+ CEQA document associated with the proieci has
identified mitigation measures necessary to reduce environmental impacts, such mitigation
measures shall be applicable to the approved grading permit and grading operations as conditions
of approval.
(db) Criteria for Approval. A grading permit may be issued only where the D1anninn nirnn'nrBuilding
Officia first finds, where applicable, that:
(1) The proposed graum compiies with all applicable provisions of the Municipal Code, and if a
Precise Plan is required, the grading conforms to the approved Precise Plan; and
(2) Any permits required by State or Federal agencies for the proposed grading have been obtained or
are required by conditions of approval to be obtained before grading work is started.
9-4.143 C rading standards.
All excavations and fills eXGept f„r miner gra ding shall be conducted in accordance with the following
standards:
(a) Area of Cut's nd Fills. Cuts and fills shall be limited to the minimum arnount ROGessary to provi
adequate yard aFeas. Gensideration shall be gOV8R W F8VOF,!Rg the building design to Minimize
unReGessa. r •
(b) Minimize Grading. Grading shall be completed in compliance with Sections 94.138 through 9-4.145,
minimized to the extent feasible, and balanced on site whenever possible to avoid excessive cut and fill
and to avoid import or export of soil to/from offsite.
(c) Cut and Fill Slope Ratio. Cut or fill slopes shall not exceed a three -to -one (3:1) horizontal to vertical
ratio, except that a two -to -one (2:1) ratio may be allowed where it can be demonstrated that it is
necessary to minimize impacts to native trees or natural drainage features, or reduce amount of
disturbed area, or maintain grading within the property limits.
(W) - Creation of Building Sites. Slepe LiMitatiORS. GFadiRg fGF th8 PUPPOse of Greating a Site for a
•
(se) —Final Contours. Contours, elevatRE)Rs and shapes of finished surfaGBG shall be blended with
adjaGeRt natural terrain to aGhieve a Gonsistent grade and natural The crest of all graded
slopes greater than six (6) feet in vertical height shall be rounded. Where graded slopes intersect, the
ends of each slope shall be horizontally rounded and blended.
( ) Grading Near Watercourses. Grading, dredging, or diking may not alter any intermittent or perennial
stream or natural body of water shown on any USGS 7 1/2 minute map or designated by another State
or Federal agency with jurisdiction over said waters, except as permitted through approval of a
drainage plan and appropriate State and Federal permits. Watercourses are to be protected as follows:
(1) Watercourses shall not be obstructed unless an alternate drainage facility is approved.
(2) Fills placed within watercourses shall have suitable protection against erosion during flooding, and
shall conform to the City's Flood Contral Ordinance and any applicable FEMA regulations.
(3) Grading equipment shall not cross or disturb channels containing live streams without siltation
control measures approved by the City Engineer in place.
(4) Excavated materials shall not be deposited or stored in or alongside a watercourse where the
materials can be washed away by high water or storm runoff.
( ) Revegetation. Where natural vegetation has been removed through grading in areas not affected
by the landscaping requirements (Section 9-4.124 et seq.) and that shall not be occupied by structures,
such areas shall be re -naturalized with vegetative material to blend with the adjacent undisturbed
natural terrain%planted as set forth in this subsection to prevent erosion after construction activities are
completed:_
qL�_ Preparation for Revegetation. Topsoil removed from the surface in preparation for grading
and construction shall be stored on or near the site and protected from erosion while grading
operations are underway, provided that such storage may not be located where it would cause
suffocation of root systems of trees intended to be preserved. After completion of such grading,
topsoil shall be restored to exposed cut and fill embankments or building pads to provide a suitable
base for seeding and planting.
(332 _ Methods of Revegetation. Acceptable methods of revegetation include hydro -mulching, or
the planting of rye grass, barley or other seed with equivalent germination rates. Where lawn or turf
grass is to be established, lawn grass seed or other appropriate landscaping cover shall be sown
at not less than four (4) pounds to each one thousand (1,000) square feet of land area. Other
revegetation methods offering equivalent protection may be approved by the Building Official. Plant
materials shall be watered at intervals sufficient to assure survival and growth. Native plant
materials are encouraged to reduce irrigation demands.
Off -Site Effects. Grading operations shall be conducted to prevent damaging effects of erosion,
sediment production and dust on adjacent property, including public and private rights-of-way.
9-4.1445 Sedimentation and erosion control.
(a) Sedimentation and Erosion Control Plan Required. A sedimentation and erosion control plan is required
when:
(1) Land is disturbed for any non-agricultural purpose.
(2) Grading which may affect adjacent property or private rights-of-way which is proposed to be
conducted or left in an unfinished state during the period from October 15th through April 15th.
(3) Land disturbance activities are conducted in geologically unstable areas, on slopes in excess of
thirty percent (30%), on soils rated as having severe erosion hazard, or within fifty (50) feet of any
watercourse shown on the most current 7 1/2 minute USGS quadrangle map or designated by a
State or Federal agency with jurisdiction over watercourse delineation.
(4) The placing or disposal of soil, silt, bark, slash, sawdust or other organic or earthen materials from
logging, construction and other soil disturbance activities above or below the anticipated high water
line of a watercourse where they may be carried into such waters by rainfall or runoff in quantities
deleterious to fish, wildlife or other beneficial uses.
(b) Sedimentation and Erosion Control Plan Preparation and Processing. Sedimentation and erosion
control plans shall address both temporary and final measures and shall be submitted to the City
Engineer for review and approval. These plans, when required, shall be prepared by a registered civil
engineer when grading exceeds five hundred (500) cubic yards. Plans for land disturbance of one (1)
acre or larger shall be developed and signed by an appropriately licensed individual in accordance with
the State Water Resources Control Board requirements. These plans shall be in accordance with the
City Standard Improvement Specifications and Drawings, and may be incorporated into and approved
as part of a grading, drainage or other improvement plans, but must be clearly identified as an erosion
and sedimentation control plan.
(c) Plan Check, Inspection, and Completion. Where required by the City Engineer, the applicant shall
execute a plan check and inspection agreement with the City and the sedimentation and erosion
control facilities inspected and approved before a certificate of occupancy is issued.
(d) Sedimentation and Erosion Control Measures. The control of sedimentation and erosion shall include,
but not be limited to, the use of the following:
(1) Slope Surface Stabilization.
(i) Temporary mulching, seeding or other suitable stabilization measures approved by the City
Engineer shall be used to protect exposed erodible areas during construction,
(ii) Earth or paved interceptors and diversions shall be installed at the top of cut or fill slopes
where there is a potential for erosive surface runoff.
(2) Erosion and Sedimentation Control Devices. In order to prevent polluting sedimentation
discharges, erosion and sediment control devices shall be installed as required by the City
Engineer for all grading and filling. Control devices and measures which may be required include,
but are not limited to:
(i) Energy absorbing structures or devices to reduce the velocity of runoff water.
(ii) Sedimentation controls such as sediment debris basin and traps.
(iii) Dispersal of water runoff from developed areas over large undisturbed areas.
(iv) Multiple discharge points to reduce the volume of runoff over localized areas.
(3) Final Erosion Control Measures. Within thirty (30) days after completion of grading, or prior to
building final, requiring a sedimentation and erosion control plan, all surfaces disturbed by
vegetation removal, grading, haul roads, or other construction activity that alters natural vegetative
cover, shall be revegetated to control erosion, unless covered with impervious or other improved
surfaces authorized by approved plans. Erosion controls may include any combination of
mechanical or vegetative measures.
9-4.4-46145 Nuisance and hazard abatement.
Existing grading that has become hazardous to life or property or grading performed in violation of this
section or the Uniform Building Code shall be deemed a nuisance. Full abatement and restoration may be
required and an assessment of cost may be levied in accordance with Chapter 9-8.
Amend as redlined Sections 9-4.148 and 9-4.149:
9-4.146 Drainage.
Standards for the control of grading and drainage are intended to minimize harmful effects of storm water
runoff and resulting inundation and erosion on proposed projects, and to protect neighboring and
downstream properties from drainage problems resulting from new developments. The standards of
Sections 9-4.1498 through 9-4.1542 are applicable to projects and activities required to have a zoning
approval.
9-4.14 Drainage plan required.
9-4.14854 Drainage plan preparation and content.
9-4.14952 Drainage plan review and approval.
9-4.15052 Plan check, inspection and completion.
9-4.15 Drainage standards.
9-4.1470 Drainage plan required.
Drainage plans 44 -must be submitted with or be made part of a building permit applicationple�,
precise plan, conditional use permit or grading permit application for a project that:
(a) Involves a land disturbance (grading or removal of vegetation down to duff or bare soil by any method)
of more than one (1) acre; or
(b) Will result in an impervious surface of more than one thousand (1,000) square feet; or
(c) Is subject to local ponding due to soil conditions and lack of identified drainage channels; or
(d) Is located in an area identified by the City Engineer as having a history of flooding or erosion that may
be further aggravated by or have a harmful effect on the project; or
(e) Is located within a designated Flood Hazard overlay zone; or
(f) Involves land disturbance or placement of structures within fifty (50) feet of any watercourse shown on
the most current USGS 71/2 minute quadrangle map, or designated by a State or Federal agency with
jurisdiction over watercourse delineation; or
(g) Involves hillside development on slopes steeper than ten percent (10%) or driveways over twelve
percent (12%) slope.
Amend as redlined for renumbering only Sections 9-4.151 through 9-4.154:
9-4. Drainage plan preparation and content.
Drainage plans are to be neatly and accurately drawn, at an appropriate scale that will enable ready
identification and recognition of submitted information. Drainage plans must be prepared by an
appropriately licensed profession as required by the City Engineering Standards or as required by the City
Engineer.
(a) Basic Drainage Plan Contents. A drainage plan shall include the following information about the site:
(1) Flow lines of surface waters onto and off the site.
(2) Existing and finished contours at two (2) foot intervals or other topographic information approved
by the City Engineer.
(3) Building pad, finished floor and street elevations, existing and proposed.
(4) Existing and proposed drainage channels including drainage swales, ditches and berms.
(5) Location, calculations and design of any proposed facilities for storage or for conveyance of runoff
into indicated drainage channels, including sumps, basins, channels, culverts, ponds, storm drains,
and drop inlets.
(6) Estimates of existing and increased runoff resulting from the proposed improvements.
(7) Proposed erosion and sedimentation control measures.
(8) Proposed flood proofing measures where determined to be necessary by the City Engineer.
(9) One hundred (100) year flood elevations if the property is in flood hazard area.
(10)The drainage plan must show compliance with the City Drainage Standards and the Central Coast
Water Board's Post Construction Stormwater Management Requirements for Development
Projects in the Central Coast Region (upon adoption by the City Council). This includes all projects
that add one thousand (1,000) square feet of impervious surface to the property.
(b) Engineered Plan Content. Engineered drainage plans shall include an evaluation of the effects of
projected runoff on adjacent properties and existing drainage facilities and systems in addition to the
information required by subsection (a) of this section.
9-4.4149 Drainage plan review and approval.
All drainage plans shall be submitted to the City Engineer for review and are subject to the approval of the
City Engineer.
Repeal and Replace Section 9-4.150:
9-4. Plan check, inspection and completion.
Where required by the City Engineer, a plan check and inspection agreement shall be entered into and the
drainage facilities inspected and approved before a certificate of occupancy is issued.
Amend as redlined Sections 9-4.151:
9-4.44151 Drainage standards.
(a) Design and Construction. Drainage systems and facilities subject to drainage plan review and approval
that shall be located in the City or existing or future public right-of-way shall be designed and
constructed as set forth in the City Engineering Department Standard Improvement Specifications
Drainage Standards and Drawings and the Central Coast Water Board's Post Construction Stormwater
Management Requirements for Development Projects in the Central Coast Region (upon adoption by
the City Council). All systems and facilities subject to drainage plan review and approval shall be
designed in accordance with the City's Drainage Standards, Central Coast Water Board's Post
Construction Stormwater Management Requirements (upon adoption by the City Council), and good
engineering practices.
(b) Natural Channels and Runoff. Proposed projects may include design provisions to retain off-site natural
drainage patterns and limit peak runoff to predevelopment levels when required by the City Engineer.
(c) Flood Hazard Areas. Buildings are not permitted in an area determined by the City Engineer to be
subject to flood hazard by reason of inundation, overflow or erosion, except where provisions are made
to eliminate such hazards to the satisfaction of the City Engineer. Such provisions may include
providing adequate drainage facilities, protective walls, suitable fill, raising the floor level of the building
or by other means. The placement of the building and other structures (including walls and fences) on
the building site shall be such that water or mudflow will not be a hazard to the building or adjacent
property. The City Engineer in the application of this standard shall enforce as a minimum the current
Federal flood plain management regulations as defined in Title 24, Chapter X, Subchapter B, National
Flood Insurance Program, Part 1910.
Add new Sections 9-4.152 through 9-4.157.-
9-4.152
-4.157:
9-4.152 Hillside Development
The purpose of the Hillside Development Sections (9-4.152 through 9-4.157) is to preserve the rural nature
of hillside areas, encourage the preservation of existing trees and vegetation, and encourage grading and
design that preserves natural landforms and geographical features, minimizes aesthetic impacts, and
maintains slope stability. Hillside Development standards are organized into the following sections:
9-4.153 Applicability
9-4.154
Definitions
9-4.155
Reserved
9-4.156
Process
9-4.157
Hillside Development Standards
The provisions of the Hillside Development Sections shall apply in addition to the applicable provisions of
Sections 9-4.138 through 9.4-151 pertaining to grading, sedimentation and erosion control, nuisance and
hazard abatement, and drainage.
9-4.153 Applicability.
Sections 9-4.152 through 9-4.157 shall apply to all development, grading, and construction projects with an
area of disturbance before grading of fifteen percent (15%) or more.
9-4.154 Definitions.
As used in these Sections 9-4.152 through 9-4.157, the following terms are defined:
(a) Area of Disturbance. The portion of a project site that is disturbed to accommodate structures,
foundations, all graded slopes, parking areas, driveways, graded outdoor recreation spaces, and any
areas otherwise graded.
(b) Average Slope. See "slope, average", as defined in Chapter 9-9.102 (General definitions). The City
may require a survey and slope analysis prepared by a licensed surveyor or licensed civil engineer
showing average percent slope categories.
(c) Hillside Area. A site with an area of disturbance with a slope before grading of fifteen percent (15%) or
more.
(d) Primary Structure. The structure of chief function on a site. In general, the primary use is carried out in
a primary structure. (See also "Accessory Structure" and "Building, Accessory" in Section 9-9.102).
9-4.156 Process.
(a) Ministerial Review. Development and/or grading in a hillside area that does not otherwise require a
discretionary approval, or is not part of a project that requires discretionary approval pursuant to this
Title 9 (including, but not limited to, Conditional Use Permits and Precise Plans), shall be processed as
a ministerial review (e.g., Building/Grading Permit, as applicable), only if the development and/or
grading is consistent with Section 9-4.157 (Hillside Development Standards).
(b) Discretionary Review. Grading and/or construction in a hillside area that does not comply with Section
9-4.157 (Hillside Development Standards) shall require discretionary approval of a Precise Plan
pursuant to Section 9-2.109 (unless a Conditional Use Permit is required pursuant to Section 9-2.110).
9-4.157 Hillside Development Standards.
Except as allowed through discretionary review consistent with Section 9-4.156 (Process), the following
standards apply to any area of disturbance with a slope of greater than fifteen percent (15%):
(a) Area of Disturbance Standards. The maximum area disturbed by grading on a site shall not exceed
ten -twelve thousand five hundred (102,998500) square feet, inclusive of areas allowed by Subsection
9-4.157(b, c, d, and e).
(b) Building Pad Standards.
(1) Slopes up to 20%. Where the area of disturbance has an existing slope less than twenty percent
(20%), individual pad grading is allowed if compliant with Section 9-4.157(a) and Sections 9-
4.157(c — f).
(2) Slopes 20%+. Where the area of disturbance has an existing slope of more than twenty percent
(20%), pad grading is not allowed. Foundations shall incorporate special building techniques
designed by a registered engineer or architect, including, but not limited to, split levels, benching,
cantilevered, poles, piles, step and stem walls, and other methods designed to minimize soil
disruption.
J�Glll •�pl! / VYll�fp 61L11
Used to minimize
tree removals and
tree impacts
(c) Building Design. The height of the lowest
finished floor(s) of a building shall not be more
than twelve (12) feet above the existing grade to
ensure that buildings follow slopes.
(d) Grading.
(1) See Sections 9-4.138 through 9-4.151 (Grading and drainage standards).
(2) On slopes over twenty percent, (20%) grading for outdoor recreation/open spaces shall be
equivalent to no more than fifty percent (50%) of the footprint of the primary structure, inclusive of
all graded flat areas around the full perimeter of the primary structure.
Grading for yards
and outdoor recreation
is limited to 50% of the
primary structure footprint
(e) Retaining Walls.
(1) Height and Separation.
(i) Height. The maximum height of a retaining wall shall be eight (8) feet, except a retaining wall
up to twelve (12) feet high is permitted where it is integral to the foundation of the primary
structure or a detached garage associated with the primary structure and where it can be
demonstrated that it is necessary to minimize impacts to native trees or natural drainage
features.
(ii) Separation. All retaining walls shall be separated by a minimum of five (5) feet.
(iii) Measurement. See Section 9-4.128(c)(1)(iv) for rules of measurement.
(2) Design.
(i) Retaining walls shall be designed with lines that conform to the hillside topography.
(ii) Materials shall consist of stone, soil nail, poured in place concrete, split face (or similarly
textured) block, gabion walls, or similar method.
(f) Landscaping and Native Trees.
(1) When a noncommercial project proposes to remove more than one native tree, removal of existing
native trees as defined in Chapter 11 (Native Tree Regulations) shall:
(i) Not exceed thirty percent (30%) of the total on-site tree canopy or 10,000 square feet of total
on-site tree canopy area, whichever results in the least tree removal; and
(ii) Comply with Section 9-11.105(4)(4) (Conditions of Approval).
(iii) Nonresidential projects are exempt from Section 9-4.157(f)(1)(i).
(2) Retaining walls along driveways, roads, and cut and fill areas shall be designed to minimize
impacts to existing native trees, with retaining wall footings placed a distance equal to that of the
tree's dripline plus fifty percent (50%) of that dripline distance at a minimum.
(3) Where grading or erosion control requires reseeding, seeds and other plant materials used for
erosion control and slope stabilization shall consist of native and/or drought tolerant species. The
seed and plant material may not contain any non-native or non -drought tolerant plant species. See
also 9-4.143(d) (Grading Near Watercourses).
Amend as redlined for renumbering only Section 9-4.164:
9-4. Lot line adjustment review for flag lots.
(a) The adjustment of all property lines containing a flag lot shall be permitted in accordance with the
following design standards:
(1) The original lot shall have frontage on a dedicated street.
(2) The accessway to the rear lot shall be at least 20 feet wide for residential zones, except where the
accessway is more than 150 feet long, it shall be at least 24 feet wide. For all other zones, the
accessway shall be at least 30 feet wide.
(3) The lot farthest from the street shall own the accessway in fee. Other lots using the accessway
shall have an access and utility easement over it.
(4) Lots utilizing the accessway of a flag lot may be required to enter into a road maintenance
agreement to insure perpetual maintenance and repair of the accessway.
Amend as redlined Section 9-4.162:
9-4.162 Archaeological FesGurGe Resources.
(a) The Planning Department shall retain maps on file with locations of known archaeologically sensitive
areas. A Phase I archaeological study shall be completed and submitted to the City prior to
construction or grading proposed within these mapped areas.
(1) If the Phase I archaeological study determines there is not potential to adversely affect
archaeological resources pursuant to the California Environmental Quality Act, and the project
does not otherwise require a discretionary approval, or is not part of a project that requires
discretionary approval pursuant to this Title 9 (including, but not limited to, Conditional Use
Permits and Precise Plans), the proiect shall be processed as a ministerial approval (e.g.,
Building/Grading Permit, as applicable).
(2) If the Phase I archaeological study determines that there is the potential to adversely affect
archaeological resources pursuant to the California Environmental Quality Act, projects shall
hp ci ih�PH to Prpricp Plan review consistent with Section Q-9 109.
(b In the event arch eological resources are unearthed or discovered during any construction or earth
disturbing activities, the following standards apply:
(1) Construction activities shall cease and the Planning Department shall be notified so
that the extent and location of discovered materials may be recorded by a qualified
arch eologist and disposition of artifacts may be accomplished in accordance with State and
Federal law.
4�—(2) In the event archaeological resources are found to include human remains, or in
any other case when human remains are discovered during construction, the County Coroner
is to be notified in addition to the Planning Department so proper disposition may be
accomplished.
Add new Sections 9-4.163 through 9-4.175:
9-4.163 Historic Resources Ordinance Purpose.
The following sections (9-4.163 through 9-4.169) establish standards and processes for the treatment of
historic resources. The purpose of these sections is to promote public health, safety, and welfare and
provide for the recognition and consideration of historic resources that reflect the social, cultural, historical,
and architectural heritage of the city by establishing procedures and standards necessary to:
(a) Implement the goals and policies of the General Plan;
(b) Maintain historic community assets;
(c) Integrate the consideration of historic resources into the development process;
(d) Maintain rights of the owners of historic resources; and
(e) Fulfill the City's responsibilities under any applicable state and federal laws, including the California
Environmental Quality Act, National Environmental Policy Act, and the National Historic
Preservation Act of 1966.
9-4.164 Historic Resources Ordinance Applicability.
The provisions of Sections 9-4.163 through 9-4.169 apply to historic resources, as defined in Section
9-4.165, located within Atascadero.
9-4.165 Historic Resources Definitions.
As used in these Sections 9-4.163 through 9-4.169, the following terms are defined:
(a) Alteration. Change, repair, replacement, rehabilitation, remodel modification, or new construction to:
(1) the exterior of an historic resource, including the replacement of windows, doors, siding, and
anything considered to be a character -defining feature; (2) the structural elements that support the
exterior walls, roof, or exterior elements of the historic resource; (3) character -defining features of the
interior of an historic resource if the resource's significance is wholly or partially based on interior
features and the resource is publicly accessible.
(b) Building. Construction created principally to shelter any form of human activity, such as a house, barn,
church, hotel, or similar, as defined in National Register Bulletin No. 15. "Building" may also be used to
refer to a historically and functionally related unit, such as a courthouse and jail or a house and barn.
(c) California Register of Historical Resources. The State register that includes buildings, sites,
structures, objects, and districts significant in the architectural, engineering, scientific, economic,
agricultural, educational, social, political, military, or cultural annals of California pursuant to the
California Public Resources Code Section 5024.1 and in the California Code of Regulations Title 14,
Chapter 11.5, Section 4850, et seq., as it may be amended.
(d) Character Defining Feature. The essential physical features that convey why a building, structure,
object, site, or district is socially, culturally, or architecturally significant based on the applicable criteria
for designation and its period of significance.
(e) Demolition. Any act that destroys or removes, in whole or part, an historic resource such that its
historic or architectural character and significance are materially altered.
(f) District, or Historic District. A significant concentration, linkage, or continuity of sites, buildings,
structures, or objects united historically or aesthetically by plan or physical development, as defined in
National Register Bulletin No. 15.
(g) Historic Resource. Districts, sites, buildings, structures, and objects listed in the National Register of
Historic Places, California Register of Historical Resources, or the City of Atascadero's Historic
Resources List (see Section 9-4.166).
(h) National Register of Historic Places. The official inventory of districts, sites, buildings, structures, and
objects significant in American history, architecture, engineering, archaeology, and culture that is
maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1935 and the
National Historic Preservation Act of 1966.
(i) Object. Those constructions that are primarily artistic in nature or are relatively small in scale and
simply constructed (this definition is used to distinguish from buildings and structures), as defined in
National Register Bulletin No. 15. Although it may be, by nature or design, movable, an object is
associated with a specific setting or environment.
(j) Preservation. The act or process of applying measures to sustain the existing form, integrity, and
material of a historic property. Includes initial stabilization work, where necessary, as well as ongoing
preservation maintenance and repair of historic materials and features, as defined in the Secretary of
Interior's Standards.
(k) Rehabilitation. The act or process of making possible a compatible use for a property through repair,
alterations, and additions while preserving those portions or features that convey its historical, cultural
and architectural values, as defined in the Secretary of Interior's Standards.
(1) Relocation. Removal of an historic resource from its original site and its re-establishment in essentially
the same form, appearance, and architectural detailing at another location, as defined in the Secretary
of the Interior's Standards.
(m) Restoration. The act or process of accurately depicting the form, features, and character of a property
as it appeared at a particular period of time by removing features from other periods in its history and
reconstructing missing features from the restoration period, as defined in the Secretary of the Interior's
Standards.
(n) Secretary of the Interior's Standards. The Secretary of the Interior's Standards for the Treatment of
Historic Properties as published by the U.S. Department of the Interior and as it may be amended.
(o) Site. The location of a significant event, a prehistoric or historic occupation or activity, or a building or
structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural,
or archeological value regardless of the value of any existing structure, as defined in National Register
Bulletin No. 15, as well as local cultural landscapes (e.g., Sunken Gardens, Lake Park, etc.).
(p) Structure. Those functional constructions made usually for purposes other than creating human
shelter (intended to be distinguished from buildings), including walls, fences, signs, bridges,
monuments, and similar features, as defined in National Register Bulletin No. 15.
9-4.166 Historic Resources List.
(a) Creation of Historic Resources List. The City shall create and maintain a list of historic resources in
Atascadero known as the Historic Resources List, which shall be adopted by resolution of the City
Council and which shall consist of historic resources meeting the following criteria:
(1) Colony Era and Pre -Colony Era structures built prior to 1926 that retain historical integrity; or
(2) Other buildings, structures, objects, or sites that:
(i) Are at least 50 years old;
(ii) Exhibit demonstrable historic significance consistent with the Historic Resource List eligibility
criteria (Section 9-4.166(b)); and
(iii) Retain sufficient historic integrity to accurately convey its significance (Section 9-4.166(c)).
(b) Historic Resource List Eligibility Criteria. In order to qualify as eligible for listing in the City's Historic
Resources List, a resource must exhibit demonstrable historical significance consisting of one or more
eligibility criteria:
(1) The resource is associated with a significant local event or pattern of development.
(2) The resource is associated with a significant person or persons.
(3) The resource is recognized as possessing distinctive stylistic characteristics or workmanship
significant for the study of a period, method of construction, or use of native materials.
(4) The resource is recognized as possessing special aesthetic merit or value in the community as a
resource with quality of design or workmanship and that retains sufficient character -defining
features embodying its aesthetic significance.
(5) The resource is associated with an architect, designer, or builder whose work has influenced the
development of Atascadero.
(6) The resource is recognized as a significant example of the cultural, natural, archaeological, or built
heritage of Atascadero.
(c) Historical Integrity. In order to qualify as eligible for listing in the City's Historic Resources List, a
resource must, in addition to exhibiting historical significance, exhibit historical integrity as defined in
the National Register Bulletin No. 15, or other updated evaluation guidance published by the U.S.
Department of the Interior and/or National Park Service, based on a combination of some of the
following features:
(1) Location
(2) Setting
(3) Design
(4) Materials
(5) Workmanship
(6) Feeling
(7) Association
(d) Amending Historic Resources List.
(1) Adding Resources. The Community Development Director, based on staff or community member
recommendation, may amend the Historic Resources List from time to time to add historic
resources, based on the factors listed in Section 9-4.166(a).
(2) Removing Resources. Following a staff recommendation that a particular resource no longer
meets eligibility criteria and/or exhibits historical integrity, the removal of resources from the
Historic Resources List is subject to review and approval by the Design Review Committee (DRC).
(3) Public Notice. Amendment of the Historic Resources List shall require public notice to the property
owner of the subject historic resource.
9-4.167 Historic Resources Alterations.
(a) Ministerial Review. The following alterations to historic resources on the Historic Resources List,
which include additions to resources, shall be processed as a ministerial review (i.e., Building Permit):
(1) Ordinary maintenance and repairs that do not change the exterior design, materials, architectural
features, or character -defining features of an historic resource, including in-kind replacement of
existing features. To be considered "replacement in kind," the features must reasonably match the
design, profile, material, and general appearance of the existing or original features; and
(2) Alterations that meet the Secretary of the Interior's Standards for the Treatment of Historic
Properties applicable to the particular historic resource type, its significance, and its character -
defining features.
(b) Precise Plan Review. The following alterations to historic resources on the Historic Resources List
shall be processed via Precise Plan review pursuant to Section 9-2.109 (Precise Plan):
(1) Alterations that do not meet the Secretary of the Interior's Standards for the Treatment of Historic
Properties applicable to the particular historic resource; and
(2) Alterations to historic resources listed on the National Register of Historic Places or on the
California Register of Historical Resources.
(c) Alternative Building Code Provisions. All buildings, structures, objects, or sites on the Historic
Resources List are considered historical resources as defined by the California Environmental Quality
Act (PRC §21000-22189) and may be eligible to use alternative building code provisions as determined
by the Building Official, such as the California State Historical Building Code.
9-4.168 Historic Resources Relocation and Demolition.
(a) Relocation of Historic Resources.
(1) Ministerial Review. Relocation of an historic resource on the Historic Resources List that meets
the following conditions shall be processed as a ministerial review (i.e., Building Permit):
(i) The historic resource is significant for its architecture, design, construction method, or
similar historical theme that is not derived from its original location, setting, or specific
surrounding context;
(ii) The historic resource is significant for events, patterns of development, or similar historical
themes, but:
a. The historic resource is being relocated a short distance such that it retains essential
aspects of historical integrity; or
The historic resource is being relocated to a new location with a more appropriate
context, as determined by a qualified architectural historian or equivalent professional
than the existing context given proposed changes to the existing context;
(iii) All alterations to the historic resource—from preparing for relocation to final rehabilitation
and occupation—meet the Secretary of the Interior's Standards applicable to the particular
historic resource; and
(iv) The applicant has submitted to the City an Historic Resource Relocation Plan that
demonstrates the project's adherence to the Secretary of the Interior's Standards.
(2) Precise Plan Review. The following relocations of an historic resource on the Historic Resources
List shall be processed via Precise Plan review pursuant to Section 9-2.109 (Precise Plan):
(i) Relocations that are inconsistent with the Secretary of the Interior's Standards applicable
to the particular historic resource; and
(ii) Relocations of historic resources listed on the National Register of Historic Places or on
the California Register of Historical Resources.
(b) Demolition of Historic Resources.
(1) Precise Plan Review. Demolition of an historic resource on the Historic Resources List shall be
processed as via Precise Plan review pursuant to Section 9-2.109 (Precise Plan), unless the
historic resource has been removed from the Historic Resources List pursuant to Section 9-
4.166(d)(2) (Removing Resources).
(2) National and State Historic Resources. Any proposed demolition or other action that will have an
adverse effect on a resource on the National Register of Historic Places or on the California
Register of Historical Resources shall comply with California Public Resources Code Section 5028.
(3) Unlisted Resources. If a building, structure, object, or site is more than 50 years old but not listed
in the Historic Resources Inventory, National Register of Historic Places, or California Register of
Historical Resources, and is proposed for demolition, an historic resources assessment report may
be required by the Director to determine its historical significance and status as a historic resource
and the eligibility criteria for listing on the City's Historic Resource List. If determined an historic
resource, the property shall be subject to the provisions of this Chapter.
(4) Requirements. Prior to the issuance of a permit to demolish an historic resource on the Historic
Resources List, the following measures shall be completed by the applicant:
(i) Documentation. Each historic resource shall be documented to provide a record of the
resource, which shall include the preparation of measured drawings and high-quality
photographs consisting of:
a. Drawings. For buildings, plans shall include, but not be limited to, a site plan; floor plans;
elevations; and detailed drawings of character -defining features, such as exterior
ornamentation and interior details.
b. High -Quality Photographs. Photographs documenting a resource shall include the
exterior and interior, context and important spatial features, and details of relevant
character -defining features.
(ii) Salvaged Features and Artifacts. In an effort to preserve features and artifacts of buildings
and structures, the City shall make a determination on whether items within or appurtenant to
the building or structure shall be salvaged by the applicant prior to demolition. This is
particularly true of historic Colony Homes, where certain materials may be utilized in repair and
rehabilitation efforts at other Colony Homes under the guidance included within Secretary of
the Interior's Standards. Such salvaged features and artifacts, including the whole building or
structure and listed elements, shall be advertised in a local publication for local use for 30 days
before dispersal. To the extent feasible, all salvaged elements and features shall be stored on-
site for this duration. In this instance, the site shall be demonstrably secured and the salvaged
materials appropriately protected from the elements. Where on-site storage is not feasible,
other secure locations with controlled access and appropriate protection from the elements
may be used. A salvage and storage plan outlining these details shall be submitted to the City
for approval.
(iii) Additional Mitigation Measures. Additional mitigation measures may be required for historic
resources listed on the National Register of Historic Places or on the California Register of
Historical Resources or where identified as necessary by the Director for significant resources.
9-4.169 Historic Resources - Application and Process
(a) Application Submittal Requirements. In addition to the application submittal requirements pertaining
to the specific type of permit required for historic alterations, relocations, and demolitions, the following
items may be required if determined necessary by the Director:
(1) Historic resource survey that provides photographs of the historic resource (exterior, interior,
character -defining features, and setting) and a summary of the property's history, existing
condition, and historical significance. All historic resource survey filings shall be conducted by a
qualified architectural historian that meets the Secretary of the Interior's professional qualifications
standards in architectural history, or equivalent professional; and/or
(2) Any other supporting information reasonably necessary for review of the proposed work or request.
(b) Concurrent Processing. Any historic resource alteration, or relocation, or demolition associated with
another permit application shall be processed concurrently and reviewed by the highest review
authority designated by the Zoning Code for any of the applications.
(c) Accessory Dwelling Units. Alterations to historic resources that consist of the addition of an
accessory dwelling unit to an historic resource on the California Register of Historical Resources shall
comply with Title 9, Chapter 5 (Accessory and Junior Accessory Dwelling Units).
(d) No Net Loss. Notwithstanding the provisions of Section 9-4.168(b), demolition of an historic resource
shall be consistent with the applicable provisions of Government Code Section 66300(4), including that
in the case of a housing development project, as defined in Government Code Section 65589.5(h)(2),
no demolition or other loss of a legally established residential dwelling unit in the city shall be approved
unless it is part of a project that will create at least as many residential dwelling units as that to be
demolished or otherwise lost.
(e) Unsafe Structures. If a building, structure or object is determined by the City's Building Official and
Community Development Director to be unsafe, presents a public hazard, is not securable, or is in
imminent danger of collapse so as to endanger persons or property, the demolition standards of
Section 9-4.168(b) may not apply. The Building Official and Community Development Director's mutual
determination on this matter shall be governed by applicable law.
9-4.170 Watercourse- and Wetland -Adjacent Development - Purpose.
The following Sections 9-4.171 through 9-4.175 establish standards for the review of proposed
development adjacent to watercourses and wetlands within Atascadero. The purpose of these sections is to
promote public health, safety, and welfare by establishing procedures and standards necessary to:
(a) Implement the goals and policies of the General Plan;
(b) Consider potential flood impacts prior to approving development;
(c) Consider sensitive resources in the development process;
(d) Maintain rights of the owners of watercourse- and wetland -adjacent property; and
(e) Fulfill the City's responsibilities under any applicable state and federal laws, including the California
Environmental Quality Act and National Environmental Policy Act.
9-4.171 Applicability.
(a) General. The provisions of Sections 9-4.170 through 9-4.175 apply to all watercourse- and wetland -
adjacent areas in Atascadero, as defined below:
(1) Watercourse -Adjacent Areas. Watercourse -adjacent areas include the following:
(i) Areas located within one -hundred (100) feet of the Salinas River; and
(ii) Areas located within twenty (20) feet of any other major or minor watercourse, as defined in
Section 9-4.172 (Definitions).
(2) Wetland -Adjacent Areas. Wetland -adjacent areas are those located within twenty (20) feet of a
jurisdictional wetland, as defined in Section 9-4.172 (Definitions).
Figure 9-4.172-1: Watercourse -Adjacent Areas
watercourse -
(b) Floodway and Floodplain. Development and activities within watercourse- and wetland -adjacent
areas shall also comply with the provisions of Chapter 11 (Flood Damage Protection) and Title 7
(Public Works), as applicable. Where there is conflict between these Sections 9-4.170 through 9-4.175
and Chapter 11 of Title 7, the more restrictive provisions shall prevail.
(c) Prior Approvals. Where the City has explicitly approved a watercourse- or wetland -adjacent
development with differing standards than those listed by these Sections 9-4.170 through 9-4.175, that
approval shall govern development standards so long as the approval remains active.
9-4.172 Definitions.
As used in these Sections 9-4.170 through 9-4.175, the following terms are defined:
(a) Riparian Vegetation. Those herbaceous plants, shrubs, and trees that are naturally associated with
watercourses where the plant species tolerates, or requires, moist soil conditions. Riparian vegetation
canopies may extend over, or beyond, the existing associated watercourse.
(b) Watercourse. Rivers, streams, brooks, creeks, waterways, lakes, ponds, and all other bodies of water,
vernal or intermittent, public or private, that are contained within, flow through, or border the city, and
which are not considered "wetlands."
(1) Major Watercourse. The major watercourse features within the city limits are the Salinas River,
Atascadero Creek, Graves Creek, Paloma Creek, and Boulder Creek.
(2) Minor Watercourse. Minor watercourse features are those other perennial, intermittent, or
ephemeral watercourse features that are considered jurisdictional by the state and/or federal
government and not included in the definition of a major watercourse (Section 9-4.172[b][1]).
(c) Watercourse -Adjacent Areas. See Section 9-4.171(a)(1) (Watercourse -Adjacent Areas).
(d) Wetland, or Jurisdictional Wetland. Wetlands shall be consistent with the California Fish and Game
Code and Clean Water Act definitions. Wetlands are typically areas that are inundated or saturated by
surface or ground water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions.
(e) Wetland -Adjacent Areas. See Section 9-4.171(a)(2) (Wetland -Adjacent Areas).
9-4.173 Measurement of Watercourse- and Wetland -Adjacent Areas.
(a) Watercourse -Adjacent Areas. Measurement of water -course adjacent areas shall be from the existing
top of bank or ordinary high watermark if no defined bank exists.
(1) Measuring Top of Bank.
(i) General. Top of bank determination shall be consistent with the California Department of
Fish and Wildlife definition. Generally, where the watercourse has a sloped bank rising
from the toe of the bank to a hinge point at the generally level upper ground, the hinge
point is the "top of bank."
(ii) 100 -Year Flood Plain. Where the watercourse bank slope rises from the toe of the bank,
levels off one or more times, then rises to a hinge point at the generally level upper
ground, the hinge point at or directly above the FEMA 100 -year flood surface elevation
shall be considered top of bank. If the FEMA 100 -year flood surface elevation is above the
highest hinge point, the highest hinge point is considered top of bank. See Figure 9-4.173-
1: Measurement of Top of Bank.
Figure 9-4.173-1: Measurement of Top of Bank
(b) Wetland -Adjacent Areas. Measurement of wetland -adjacent areas shall be from the edge of the
jurisdictional wetland boundary as identified by a qualified environmental consultant or wetlands
specialist.
9-4.174 Process and Application Submittal.
(a) Ministerial Review Process. Development or placement of items in a watercourse- or wetland -
adjacent area that does not otherwise require a discretionary approval, or is not part of a project that
requires discretionary approval pursuant to this Title 9 (including, but not limited to, Conditional Use
Permits and Precise Plans), shall be processed as a ministerial approval (e.g., Building/Grading Permit,
as applicable), only if:
(1) The development and placement of items are consistent with Section 9-4.175 (Permitted
Improvements); and
(2) Upon confirmation by the Community Development Director based on a site visit and/or
documentation that no applicable resources would be adversely affected.
(b) Discretionary Review Process. Development or placement of items in a watercourse- or wetland -
adjacent area that does not comply with Section 9-4.175 (Permitted Improvements) and/or that the
Community Development Director has determined has the potential to adversely affect watercourse or
wetland resources, shall require discretionary approval of a Precise Plan pursuant to Section 9-2.109
(Precise Plan).
(c) Application. In addition to the requirements of Chapter 2 (Applications: Content, Processing and Time
Limits), and in addition to those requirements identified in Section 9-2.109 (Precise Plan), applications
for development or placement of items in a watercourse- or wetland- adjacent area shall include the
following, unless waived by the Community Development Director upon determining that no purpose
will be served by such a report because no applicable watercourse or wetland resources will be
affected:
(1) Vegetation/Top of Bank/Riparian Technical Report.
(i) For lots with riparian vegetation associated with a watercourse, lots with wetlands, and/or,
at the discretion of the Community Development Director, for lots adjacent to those with
riparian vegetation associated with a watercourse or wetland, a technical report prepared
by a qualified environmental consultant or wetlands specialist that describes and maps the
types of vegetation, identifies and maps the watercourse tops of banks, and determines
the edge of riparian vegetation and wetlands, pursuant to Section 9-4.173(b);
(ii) For lots with a watercourse and without riparian vegetation, a technical report prepared by
a qualified environmental consultant, wetlands specialist, or licensed civil engineer that
identifies the watercourse tops of banks and ordinary high-water mark, as applicable,
pursuant to Section 9-4.173(a); and
(iii) For Precise Plan applications, a technical report prepared by a qualified environmental
consultant or wetlands specialist determining that the watercourse or wetland will not be
significantly impacted by the improvement, including a biological survey, a written analysis
of the project impacts to special status species, riparian and/or wetland habitat, and
required avoidance and minimization measures.
(2) Soil Report. For any structures proposed, a technical report prepared by a qualified soil engineer
that confirms the watercourse bank and/or wetland is stable and is unlikely to erode, ensuring that
the structure will not be structurally undermined.
(3) Hydrology Report. For Precise Plan applications, a hydrology report prepared by a qualified
licensed engineer providing analysis of the project impacts to hydrology and hydraulics. The
hydrology report shall include a topographical survey of the watercourse or wetland feature with
one -foot contour lines at one (1) to twenty (20) -foot scale from bank to bank within the
development area (and which may, at the discretion of a qualified licensed engineer and/or as
required by the Community Development Director and/or the City Engineer or their designees,
include additional areas up and downstream, including areas beyond the property lines),
engineered grading and drainage plan of the site, and required avoidance and minimization
measures.
(d) State and/or Federal Regulatory Agency Jurisdiction. Applications for development within a
watercourse -adjacent or wetland -adjacent area may also be subject to state and/or federal regulatory
agency jurisdiction and shall ensure compliance with applicable regulations and permitting procedures.
9-4.175 Permitted Improvements.
(a) General Permitted Development and Placement of Items.
(1) Allowed Items. The following items are allowed within the watercourse- and wetland -adjacent
areas with ministerial approval pursuant to Section 9-4.174(a):
(i) Fences, provided such fences maintain seventy-five percent (75%) open air, such as
welded wire mesh, hog wire, or split rail, and that if crossing a watercourse, do not extend
below the ordinary high-water mark or otherwise impede water flow;
(ii) Landscape walls less than three (3) feet in height;
(iii) Walkways (either pervious or impervious) no more than six (6) feet in width;
(iv) The following patios, decks, and gazebos that cumulatively occupy no more than thirty
percent (30%) of the property line adjacent to the watercourse (in linear feet):
a. Patios (either pervious or impervious) that encroach no more than two -hundred (200)
square feet into the watercourse- or wetland -adjacent area;
b. Raised decks, including stairs and landings, that encroach no more than three -
hundred (300) square feet into the watercourse- or wetland -adjacent area; and
c. Small open-air accessory structures including gazebos, patio covers, pergolas,
trellises, or other similar structures without a solid roof, and constructed so that each
side is open and unenclosed except for structurally necessary supports, that encroach
no more than two -hundred (200) square -feet into the watercourse- or wetland -adjacent
area;
(v) Non -fixed outdoor furniture that is not permanently attached to a structure or the ground;
(vi) Bioswales, rain gardens, and similar non-structural flood control and stormwater
improvements constructed with natural materials and planted with non-invasive vegetative
species;
(vii) Repairs to existing permitted structures and facilities that do not increase the size or
footprint of the structures or facilities;
(viii) Minor landscape features not requiring grading;
(ix) Landscape installation of non-invasive vegetative species;
(x) Vegetation management, which may require agency permits if located within a riparian
area;
(xi) Watercourse or wetland monitoring or gauging facilities operated by local, state, or federal
agencies;
(xii) Underground utilities permitted by the United States Army Corps of Engineers, California
Department of Fish and Wildlife, or Regional Water Quality Control Board;
(xiii) Private ground -mounted utilities (e.g., propane tank), only if there is no other feasible
location on the property; and
(xiv) Public utilities.
(2) Requirements for Placement. Items listed in Section 9-4.175(a)(1) are allowed provided:
(i) Except fences allowed by Section 9-4.175(a)(1)(i), items do not extend:
a. Beyond the top of bank, or ordinary high watermark if no defined bank exists;
b. Into the watercourse channel; or
c. Within the delineated jurisdictional boundary of a wetland;
(ii) Items do not conflict with Title 7, Chapter 11 (Flood Damage Prevention); and
(iii) Items are consistent with all other development standards of Title 9 (Planning and Zoning).
(b) Permitted Development and Placement of Items in Downtown.
(1) Permitted Items. In Downtown, between U.S. 101 and Hospital Drive, and adjacent to Atascadero
Creek, on commercially or publicly owned properties, the following items are allowed within the
watercourse- and wetland -adjacent areas with ministerial approval pursuant to Section 9-4.174(a):
(i) All items listed in Section 9-4.175(a);
(ii) Publicly accessible trails; and
(iii) Outdoor dining areas and gathering spaces.
(2) Requirements for Placement. Items listed in Section 9-4.175(b)(1) are allowed provided:
(i) Except fences allowed by Section 9-4.175(a)(1)(i), items do not extend:
a. Beyond the top of bank, or ordinary high watermark if no defined bank exists;
b. Into the watercourse channel; or
c. Within the delineated jurisdictional boundary of a wetland;
(ii) Items do not conflict with Title 7, Chapter 11 (Flood Damage Prevention);
(iii) On commercially owned properties, items in total do not occupy more than 50 percent of the
total required setback area on the lot; and
(iv) Items are consistent with all other development standards of Title 9 (Planning and Zoning).
(c) Watercourse Crossings.
(1) Permitted Items. Over minor watercourses only, the following are allowed:
(i) Clear span bridges;
(ii) Standard round culverts with a minimum fifteen (15) inch diameter and up to twenty-four
(24) inches in diameter; and
(iii) Arched or natural bottom culverts over twenty-four (24) inches in diameter.
(2) Requirements for Placement and Construction. Items shall be designed in accordance with all
applicable best management practices to prevent obstruction or diversion of flood and drainage
flow and to minimize adverse impacts to riparian vegetation and habitat and scenic resources
along or within the watercourse. Concrete sides and/or bottoms of watercourses are prohibited.
See also Title 7, Chapter 11 (Flood Damage Prevention).
(d) Prohibited Activities. The keeping and grazing of swine, ovines, and/or bovines; storage of vehicles
or materials; and active recreation uses that result in natural landform modification are prohibited in
watercourse- and wetland -adjacent areas. See also Title 5, Chapter 15 (Prohibited Camping).