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HomeMy WebLinkAboutOrdinance 499 CERTIFICATION 1, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No. 499, adopted by the Atascadero City Council at a regular meeting thereof held on September 26, 2006, and that it has been duly published pursuant to State Law, Marcia McClure Torgerson,C.M.Cli City Clerk City of Atascadero, California ORDINANCE NO. 499 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2006-0117 AMENDING ATASCADERO MUNICIPAL CODE TO ESTABLISH AN INDUSTRIAL ZONE TEXT CHANGE, SIGN ORDINANCE TEXT CHANGE, AND EXTERIOR LIGHTING STANARDS TEXT CHANGE (Citywide/City of Atascadero) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from the City of Atascadero (6907 El Camino Real), to consider Zone Change Text Amendments to conditionally allow utility service centers in Industrial Zones and Industrial Park Zones, a Sign Ordinance Text Change to clarify standards for banner signs, portable signs, and monument signs, and an Exterior Lighting Text Change to coincide with the General Plan requirements; and, WHEREAS, an Initial Study and Draft Negative Declaration 2006-0023 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, �r WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA)have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and Zoning Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and Zoning text amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on July 18, 2006, studied and considered Zone Change 2006-0117, after first studying and considering the Draft Negative Declaration prepared for the project; and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on September 12, 2006 studied and considered Zone Change 2006-0117, after first studying and considering the Proposed Negative Declaration prepared for the project; and, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: am City of Atascadero Ordinance No.499 Page 2 of 26 SECTION 1. Findings for Approval of a Zone Text Change. The City Council finds as follows: 1. The Planning and Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the Zoning Ordinance, Sign Ordinance, and Exterior Lighting Standards will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The text change will not, in itself, result in significant environmental impacts. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on September 26, 2006, resolved to approve on second reading by title only, an ordinance that would amend the City Zoning code text as follows: Chapter 3 ZONING DISTRICTS Article 17. IP (industrial Park) Zone 9-3.303 Conditional uses. The following uses may be allowed in the Industrial Park Zone. The establishment of conditional uses shall be provided by Section 9-2.109 (Conditional use permits): (a) Agricultural processing; (b) Chemical products; (c) Concrete, gypsum, and plaster products; (d) Caretaker residence (see Section 9-6.104); (e) Glass products manufacturing; (f) Machinery manufacturing; (g) Lumber and wood products; (h) Paving materials; (i) Pipelines; 0) Plastic and rubber products; (k) Recycling and scrap (see Section 9-6.131); (1) Schools—business and vocational (see Section 9.6.125); (m) Textile mills; (n) Transit stations and terminals; (o) Vehicle and freight terminals; (p) Paper products; (c) Structural clay pottery products; (r) Indoor recreation; (s) Recycling centers (see Section 9-6.132); (t) Utility service centers; ww City of Atascadero Ordinance No.499 Page 3 of 26 (u) Sales lots (see Section 9-6.139). (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 237 § 1 (D) (part), 1992; Ord. 77 § 1 (2), 1984: Ord. 68 § 9-3.303, 1983) +irr Article 18. 1 (Industrial) Zone 9-3.313 Conditional uses. The following uses may be allowed in the Industrial Zone. The establishment of conditional uses shall be as provided by Section 9-2.109 (Conditional use permits): (a) Chemical products; (b) Caretaker residence (see Section 9-6.104); (c) Petroleum refining and related products; (d) Textile mill; (e) Metal industries—primary; (f) Pipelines; (g) Recycling and scrap (see Section 9-6.131); (h) School—business and vocational (see Section 9-6.125); (i) Transit stations and terminals; 0) Vehicle and freight terminals; (k) Plastic and rubber products; (1) Recycling centers (see Section 9-6.132); (m) Utility service centers; (n) Sales lots (see Section 9-6.139). (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 237 § 1 (D) (part), 1992; Ord. 68 § 9-3.313, 1983) Article 29. Land Use Descriptions 9-3.701 Purpose. This section contains descriptions of the types of land uses which can be established under this article. The uses described here are allowed in the various zoning districts established. The description of land uses are intended only to list the various land uses included under each general heading and do not explain what permit requirements or performance standards may be applicable to a given use. Accessory Storage. The indoor or outdoor storage of various materials on the same site as a principal building or land use which is other than storage, which supports the activities or conduct of the principal use. Agricultural Accessory Uses. Includes any use that is customarily part of an agricultural activity and is clearly incidental and secondary to that activity and does not change the character of the agricultural use. Agricultural accessory uses include grazing, crop production to feed animals, and related storage of vehicles and personal property, and accessory structures including barns, stables and corrals. Ag Processing. Establishment performing a variety of operations on crops subsequent to their harvest, with the intent of preparing them for market or further processing and packaging at a distance from the agricultural area including: alfalfa cubing; hay baling and cubing; corn shelling; drying of corn, rice, hay, fruits and vegetables; fruit and �.�. vegetables; grain cleaning and custom grinding; custom grist mills; custom milling of City of Atascadero Ordinance No.499 Page 4 of 26 flour, feed and grain; sorting, grading and packaging of fruits and vegetables; tree nut hulling and shelling; cotton ginning; and wineries. Amusement Services. Establishments providing indoor amusement or entertainment on payment of a fee or admission charge, such as: arcades and coin-operated amusements; card rooms, billiard and pool halls as a primary use; alleys; ice skating and roller skating; dance halls, and ballrooms which are principal uses rather than being subordinate to an eating or drinking place; gymnasiums, reducing salons, health and exercise facilities that do not include courts or similar facilities designed for tennis, handball, racquetball or similar indoor participation sports. Animal Hospitals. Establishments primarily engaged in performing services for animals, including veterinary services and animal hospitals. Does not include kennels, which are listed as a separate category. Apparel and Finished Products. Manufacturing establishments, known as the cutting-up and needle trades, producing clothing and fabricating products by cutting and sewing purchased woven or knit textile fabrics, plastics and furs. Included in the apparel industries are three (3) types of establishments: (i) "regular" or inside factories; (2) contract factories; and (3) apparel jobbers. Regular factories perform all of the usual manufacturing functions within their own plant; the contract factories manufacture apparel from materials owned by others; and apparel jobbers perform the entrepreneurial functions of a manufacturing company, such as buying raw materials, designing and preparing samples, arranging for the manufacture of the garments from their materials and selling of the finished apparel. Also includes leather and leather products,tanning and finished products. Custom tailors and dressmakers not operating as a factory are not �. included. Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments selling new and used automobiles, including but not limited to, light trucks, motorcycles and mopeds. Also includes establishments selling new parts and accessories within a building for the above. Does not include establishments dealing exclusively in used parts. Includes automobile repair shops only when maintained by establishment engaged in the sale of vehicles on the same site. Does not include "service stations,"which are separately defined. Auto Repair and Services. Service establishments primarily engaged in the repair, alteration, painting, washing or waxing of automobiles. May also include rental of cars, trucks or trailers; leasing of cars and trucks. Does not include repair shops which are subordinate to and maintained by a vehicle dealership. Bar/tavern. Establishments where alcoholic beverages are sold for on-site consumption, which is not part of a larger restaurant. Includes bars, taverns, pubs, night clubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery, and other beverage tasting facilities. Does not include adult entertainment businesses. Bed and Breakfast. Transient lodging establishments primarily engaged in providing overnight or otherwise temporary lodging for the general public. Such establishments provide limited meal service, generally breakfast, for lodgers. Broadcasting Studios. Communications uses including radio, television, telegraph and rr.r telephone broadcasting and receiving stations which are facilities and equipment enclosed City of Atascadero Ordinance No.499 Page 5 of 26 entirely within buildings, except for accessory transmission facilities such as antennas, satellite receiving dishes and similar transmission and receiving apparatus. Building Materials and Hardware. Retail trade establishments primarily engaged in the sale of lumber and other building materials, including paint, wallpaper, glass, hardware, nursery stock, lawn and garden supplies. Includes all such stores selling to the general public, even if sales to contractors account for a larger proportion of total sales. Establishments primarily selling plumbing, heating, and air conditioning equipment and electrical supplies are classified in "Wholesaling and Distribution." Business Support Services. Service establishments housed primarily within buildings, which provide particular businesses with services that are maintenance and repair related, service oriented, testing, rental, etc. This group includes: outdoor advertising services; mail advertising services (reproduction and shipping); blueprinting, photocopying, photofinishing, commercial art and design (production); services to structures, such as window cleaning, exterminators,janitorial services; heavy equipment and business equipment repair services including welding repair and armature rewinding and repair (except vehicle repair which is included under"Auto Repair and Service"); computer related services (rental, repair, and maintenance); research and development laboratories, including testing facilities; protective services (other than office-related); equipment rental yards are included under"Vehicle and Equipment Storage" and which include the leasing of tools, machinery and other business items, except vehicles; trading stamp services: repair of large size consumer products including major appliances; and other business services that may be of a"heavy service" nature. Caretaker Residence. A permanent residence that is secondary or accessory to the .r principal use activity occurring on a property. A caretaker dwelling is used for housing a caretaker employed on the site of any nonresidential use where a caretaker is needed for security purposes or to provide twenty-four(24) hour care or monitoring of plants, animals, equipment, or other conditions on the site. Also includes separate quarters for servants who are employed by the occupant of the principal dwelling on the property. Does not include housing for caretaker-type employees in the Agriculture Zone which is defined as "Farm Labor Quarters." Cemeteries. Interment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries and cemetery, mausoleum and columbarium operations. Excludes funeral parlor and related facilities which are listed under"Funeral Services." Chemical Products. Manufacturing establishments producing basic chemicals and establishments manufacturing products predominantly by chemical processes. Establishments classified in this major group manufactures three (3) general classes of products: (1) basic chemicals such as acids, alkalis, salts, and organic chemicals; (2) chemical products to be used in further manufacture such as synthetic fibers, plastic materials, dry colors, and pigments; (3) finished chemical products to be used for ultimate consumption such as drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries such as paints, fertilizers and explosives. Churches and Related Activities. Religious organization facilities operated for worship or for promotion of religious activities, including churches and religious Sunday-type schools. Other establishments maintained by religious organizations, such as educational institutions, hospitals and other operations that may be considered commercial in nature City of Atascadero Ordinance No.499 Page 6 of 26 if not run by the religious organization (such as a recreational camp) are classified according to their respective activities. Collection Stations. Facilities for the temporary accumulation and storage of recyclable discarded materials, which are subsequently transported to recycling centers or solid waste disposal sites for further processing. Does not include automobile wrecking yards or any recycling processing facilities, which are listed under"Recycling and Scrap." Does not include temporary storage of toxic, mutagenic or radioactive waste materials. Concrete, Gypsum, and Plaster Products. Manufacturing establishments primarily engaged in producing concrete building block, brick and all types of precast and prefab concrete products. Also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, such as plasterboard. Contract Construction Services. Service establishments primarily engaged in construction, including new work, additions, alterations, and repairs. Construction activities are generally administered or managed from a relatively fixed place of business, but the actual construction work is performed at one or more different sites which may be dispersed geographically. Three (3) broad types of construction activity are covered: building construction by general contractors or by operative builders, other construction by general contractors, and construction by special trade contractors such as electrical, air conditioning and plumbing contractors, or others such as well drilling services. The installation of prefabricated buildings and equipment is also included. Crop Production and Grazing. Agricultural uses including the production of grains, field crops, vegetables, melons, fruits, tree nuts, flower fields and seed production,tree and sod farms, crop services and crop harvesting. Also includes the raising or feeding of beef �. cattle, sheep and goats by grazing or pasturing. Does not include feedlots, which are not allowed. Eating and Drinking Places. Restaurants and other establishments selling prepared foods and drinks for consumption on the premises, as well as facilities for dancing and other entertainment which are secondary and subordinate to the principal use of the establishment as an eating and drinking place. Also includes lunch counters and refreshment stands selling prepared goods and drinks for immediate consumption. Restaurants, lunch counters, and drinking places operated as subordinate service facilities within other establishments are not included here unless they are operated as leased departments by outside operators. Does not include establishments with drive-through facilities. Eating and Drinking Places with Drive-Through Facilities. Establishments which include points of service where customers are served prepared food without leaving their vehicles. Electronic and Scientific Instruments. Manufacturing and establishments producing instruments (including professional and scientific) for measurement, testing, analysis and control, and their associated sensors and accessories; optical instruments and lenses; surveying and drafting instruments; surgical, medical, and dental instruments, equipment, and supplies; ophthalmic goods; photographic equipment and supplies; and watches and clocks; and electrical instruments, components and equipment including integrated circuits, semiconductors, calculators and computers. Farm Animal Raising. The keeping, feeding or grazing of animals as an avocation, �` hobby, or school project, subordinate to the principal residential use of a property, City of Atascadero Ordinance No.499 Page 7 of 26 includes species commonly considered as farm animals as well as exotic species, but does not include household pets. See also "Livestock Specialties." Farm Equipment and Supplies. Establishments primarily engaged in the sale or rental of agricultural machinery and equipment for use in the preparation and maintenance of the soil, the planting and harvesting of crops, and other operations and processes pertaining to work on the farm; also dairy and other livestock equipment. Includes agricultural machinery, dairy farm machinery and equipment, irrigation equipment, poultry equipment and frost protection equipment; hay, grain and feed sales. Farm Labor Quarters. Includes residences, rooming houses and boardinghouses and mess halls for farm workers employed on land owned by the owner of the building site on which the quarters are located. Financial Services. Service establishments primarily engaged in the field of finance, including: banks and trust companies; credit agencies other than banks; brokers and dealers in securities and commodity contracts; security and commodity exchanges; holding (but not predominantly operating) companies; and other investment companies. Fisheries and Game Preserves. Resource extraction operations engaged in commercial fishing (including marine-related animals, mammals, etc.) and the operation of fish hatcheries, fish and game preserves and game propagation. Food and Beverage Retail Sales. Retail trade establishments primarily engaged in selling food for home preparation and consumption, as well as the retail sale of packaged alcoholic beverages for consumption off the premises, including wine tasting facilities which are not on the same site as the winery. Establishments (except for wine tasting facilities) may include no more than two (2) gas pumps as an accessory use. Food and Kindred Products. Manufacturing establishments engaged in producing or processing foods and beverages for human consumption and certain related products. Includes: (1) meat and poultry products (slaughtering, canning, and curing and by- product processing); (2) dairy products processing; (3) canned and preserved fruit and vegetables and related processing; (4) grain mill products and by-products; (5) bakery products, sugar and confectionery products; (6) fats and oil products; (7) beverages and liquors (except wineries, which are included under"Ag Processing"); and(8) miscellaneous food preparation from raw products. Operations on crops subsequent to their harvest are included under"Ag Processing." Forestry. Establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, and related activities such as reforestation services; also the gathering of gum barks, sap, moss and other forest products. Does not include logging camps. Fuel and Ice Dealers. Retail trade establishments primarily engaged in the sale to consumers of coal, wood, ice, fuel, oil and liquefied petroleum gas (LPG), bottled or in bulk. Funeral Services. Establishments with facilities for the preparation of the dead for burial or cremation and for the holding of funeral observances and services. Accessory facilities may include a cemetery, columbarium or mausoleum. Includes: funeral homes and parlors, mortuaries and related facilities. Furniture and Fixtures. Manufacturing establishments producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store "'"' furniture; and miscellaneous drapery hardware, window blinds and shades. City of Atascadero Ordinance No.499 Page 8 of 26 Furniture, Home Furnishings and Equipment. Retail trade establishments primarily engaged in selling furnishings for the home, such as furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators and other household electrical and gas appliances. Establishments selling electrical and gas appliances are included only if the major part of their sales consist of articles for home use. Also includes retail sale of office furniture, as well as music stores. General Merchandise Stores. Retail trades included in this group are department stores, variety stores, drug and discount stores, general stores, etc., engaged in retail sales of many lines of new and used merchandise, including: dry goods; apparel and accessories; furniture and home furnishings; small wares; hardware; sporting goods and equipment; bicycles, parts and accessories. Also includes sales of miscellaneous shopping goods such as: books; stationery;jewelry; hobby materials, toys and games; cameras and photographic supplies; gifts, novelties and souvenirs; luggage and leather goods; fabrics and sewing supplies; florists; cigar and newsstands; artists' items (stores for which may include space for crafting operations when such area is subordinate to the retail sales); and other miscellaneous retail shopping goods. Glass Products. Manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Does not include artisan and craftsman type operations of a larger scale than home occupations, which are listed under"Small Scale Manufacturing." Health Care Services. Service establishments primarily engaged in furnishing medical, mental health, surgical and other personal health services including: medical, dental and psychiatric offices (mental health) related services, including various types of counseling .� practiced by licensed individuals other than medical doctors or psychiatrists, or unlicensed individuals, are included under"Offices"; medical and dental laboratories; outpatient care facilities; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included. Also includes hospitals and similar establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services; such establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. Nursing homes and similar long-term personal care facilities are classified in "Residential Care." Home Occupations. The gainful employment of the occupant of a dwelling, with such employment activity being subordinate to the residential use of the property. Horticultural Specialties. Agricultural establishments primarily engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Also includes establishments engaged in the sale of such products, i.e., wholesale and retail nurseries. Hotels, Motels. Commercial transient lodging establishments, including hotels, motor hotels, motels, tourist courts or cabins, primarily engaged in providing overnight or otherwise temporary lodging, with or without meals, for the general public. Such establishments shall not provide kitchen facilities in more than twenty-five percent (25%) of the units. Indoor Recreation Services. Facilities for various indoor sports and recreation, including: bowling alleys; ice skating and roller skating; gymnasiums, health and athletic clubs; City of Atascadero Ordinance No.499 Page 9 of 26 tennis, handball, racquetball and similar indoor sports; shooting and archery ranges; recreation and community centers. Kennels. A lot, building, structure, enclosure or premises where four(4) or more dogs or cats (four (4) months of age or older) are kept or maintained, including the keeping of such animals for sale, for commercial breeding or for lodging and care for which a fee is charged. Does not include dogs and cats kept for noncommercial purposes, including hunting and herding livestock, which are allowed as residential accessory uses. Laundries and Dry Cleaning Plants. Service establishments primarily engaged in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pickup stores without dry cleaning equipment, which are classified in "Personal Services." Libraries, Museums. Permanent public or quasi-public facilities generally of a noncommercial nature such as libraries, museums, art exhibitions, planetariums, aquariums, botanical gardens, arboretums and zoos. Also includes historic sites and exhibits. Light Repair Services. Service establishments where repair of small consumer products is the principal business activity, including: electrical repair shops; television and radio and other small appliance repair; and watch, clock and jewelry repair. Does not include repair or services that are incidental and accessory to retail sales. Does not include businesses serving the repair needs of heavy equipment, or large size consumer products which are included under"Business Support Services." ..r Livestock Specialties. Agricultural establishments primarily engaged in commercial livestock keeping or feeding as a principal land use which, because of operational characteristics, may generate dust, odors or visual impacts which could have an adverse effect upon adjacent properties. Such uses include dairies, chicken, turkey and other poultry farms; animal specialties (such as rabbit farms and other fur-bearing animals); other specialties such as bee farms, aviaries, worm farms, etc. Lumber and Wood Products. Manufacturing and processing uses, including merchant sawmills, lath mills, shingle mills, cooperage stock mills, planing mills, and plywood mills and veneer mills engaged in producing lumber and basic wood products; and establishments engaged in manufacturing finished articles made entirely or mainly of wood or wood substitutes. Also included are: truss and structural beam assembly; wood containers; pallets and skids; wood preserving; particle board assembly; turning and shaping wood and wood products on a manufacturing basis; mobilehome and modular home assembly. Wood and cabinet shops are included in "Furniture and Fixtures." Craft type shops are included in "Small Scale Manufacturing." Machinery Manufacturing. Establishments engaged in manufacturing machinery and equipment such as: engines and turbines; farm and garden machinery and equipment (except for secondary assembly of such products which is included under"Farm Equipment and Supplies"); construction, mining and materials handling machinery and equipment such as bulldozers, cranes, dredging machinery, mining equipment, oil field equipment, passenger and freight elevators, conveyors, industrial trucks and tractors; machine tools such as gear cutting machines, die casting machines, dies,jigs, industrial am molds, power-driven hand tools; machinery for use in the food products, textile, City of Atascadero Ordinance No.499 Page 10 of 26 woodworking, paper or printing industries; general machinery and equipment such as pumps, roller bearings, industrial furnaces and ovens; office, computing and accounting machines such as typewriters, computers, dictating machines; machinery for refrigeration and service industries such as commercial laundry and dry cleaning equipment, heating, ventilating and air conditioning equipment, commercial cooking and food warming equipment; miscellaneous machinery such as carburetors, pistons and valves. Mail Order and Vending. Establishments primarily engaged in retail sale of products by catalog and mail order. Also includes vending machine distributorships and suppliers. Membership Organizations. Organizations operating on a membership basis for the promotion of the interests of the members, including: business associations; professional membership organizations; labor unions and similar labor organizations; civic, social and fraternal organizations (not lodging); political organizations and other membership organizations. Metal Industries, Primary. Manufacturing establishments engaged in the smelting and refining of ferrous and nonferrous metals from ore, pig, or scrap; in the rolling, drawing, and alloying of ferrous and nonferrous metals; in the manufacture of castings and other basic products of ferrous and nonferrous metals; and in the manufacture of nails, spikes, and insulated wire and cable. Merchant blast furnaces and by-product or beehive coke ovens are also included. Mining. Resource extractions establishments primarily engaged in mining, developing mines or exploring for metallic minerals (ores), coal and nonmetallic minerals (except fuels), or surface mines extracting crushed and broken stone, dimension stone or sand and gravel. See also "Stone and Cut Stone Products." ..r Mini-Storage. Buildings containing individual storage areas rented or leased to the general public. Does not include warehousing or exterior storage facilities. Mobilehome Developments. Includes mobilehome parks and mobilehome subdivisions in any area or tract of land where two (2) or more mobilehome lots are leased, rented, or sold to accommodate mobilehomes used for human occupancy. Includes the renting and leasing of overnight or short-term sites for trailers and campers in a mobilehome park provided that such spaces are included in the maximum allowable density and do not constitute more than twenty percent(20%) of the total spaces in the mobilehome park. Mobilehome Dwelling. A vehicle without self-propulsion designed and equipped as a dwelling unit to be used with a foundation. Multiple Family Dwellings. Includes a building, or portion of a building, used and/or designed as a residence for two (2) or more families living independently of each other (includes duplexes, triplexes and apartments). Offices. Establishments engaged in performing a service in a professional office including: engineering, architectural and surveying services; real estate agencies; noncommercial educational, scientific and research organizations; accounting, auditing, and bookkeeping services; authors, writers, artists, etc.; advertising agencies; photography studios and small commercial art studios; employment agencies and stenographic services; reporting services; data processing and computer services; management, public relations, and consulting services; detective agencies and other similar professional services; attorneys; and counseling services provided by individuals other than licensed psychiatrists, which are included under"Health Care Services." City of Atascadero Ordinance No.499 Page 11 of 26 Organization Houses. Residential lodging houses operated by membership organizations for the benefit of their constituents and not open to the general public. Also includes fraternity and sorority residential houses and religious residential retreats. Outdoor Recreation Services. Facilities for various outdoor sports and recreation, including: amusement and kiddie parks; golf courses, golf driving ranges and miniature golf courses; skateboard parks; go-cart and miniature auto race tracks; tennis courts, swim and tennis clubs and facilities; play lots, playgrounds and athletic fields; recreation and community centers. Paper Products. Includes the manufacture of pulps from wood, other cellulose fibers, and rags; the manufacture of paper and paperboard; and the manufacture of paper and paperboard into converted products such as paper coated off the paper machine, paper bags, paper boxes, and envelopes. Also includes building paper and building board mills. Paving Materials. Manufacturing establishments producing various common paving and roofing materials, including paving blocks made of asphalt, creosoted wood and various compositions of asphalt and tar. Personal Services. Service establishments primarily engaged in providing services generally involving the care of the person which are not medically related, including: beauty and barber shops; shoe repair shops; saunas and hot tubs; dry cleaning pickup stores and small scale dry cleaners without pickup and delivery services; clothing rental; dating and escort services; and related activities. Petroleum Extraction. Resource extraction establishments primarily engaged in: producing crude petroleum and natural gas; recovering oil from oil sands and shales; producing natural gasoline and cycle condensate. Activities include exploration, drilling, �.r oil and gas well operation and maintenance, operation of natural gas and cycle plants, and the mining and extraction of oil from oil sands and shales. Petroleum Refining and Related Industries. Manufacturing and processing establishments primarily engaged in petroleum refining, and compounding lubricating oils and greases from purchased materials. Also includes manufacture of petroleum coke and fuel briquettes and petroleum bulk stations. Petroleum and petroleum products distributors are included in "Wholesaling and Distribution." Pipelines. Facilities primarily engaged in the pipeline transportation of crude petroleum; refined products of petroleum such as gasoline and fuel oils; mixed, manufactured or liquefied petroleum gas; or the pipeline transmission of other commodities, excluding natural gas. Plastics and Rubber Products. Manufacturing establishments producing rubber products such as: tires; rubber footwear; mechanical rubber goods; heels and soles; flooring; and rubber sundries from natural, synthetic or reclaimed rubber, gutta percha, balata, or gutta siak. Also includes establishments primarily manufacturing tires (establishments primarily recapping and retreading automobile tires are classified in"Auto, Mobilehome and Vehicle Dealers and Supplies"). Also includes establishments engaged in molding primary plastics for the trade, and manufacturing miscellaneous finished plastics products. Primary Family Housing. A secondary dwelling to a single family dwelling which is limited to occupancy by members of the immediate family of the property owner. Immediate family members shall only include grandparents, parents, children, ...r grandchildren, sisters and brothers of the property owner or spouse of the property owner. City of Atascadero Ordinance No.499 Page 12 of 26 Public Assembly and Entertainment. Facilities for public assembly and group entertainment such as: public and semi-public auditoriums; exhibition and convention halls; civic theaters and meeting halls; motion picture theaters; legitimate theater facilities for live theatrical presentations or concerts by bands and orchestras; amphitheaters; meeting halls for rent and similar public assembly uses. Recreational Vehicle Parks. Transient lodging establishments primarily engaged in renting, leasing or otherwise providing overnight or short-term sites for trailers, campers, or tents, with or without individual utility hookups, but with other facilities such as public restrooms. Does not include incidental camping areas, which are included under"Rural Sports and Group Facilities." Recycling and Scrap. Establishments primarily engaged in assembling, breaking up, sorting, temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap. Does not include waste disposal sites, which are separately defined. Does not include temporary storage of toxic or radioactive waste materials. Recycling Centers. An establishment, which is larger than a "collection station,"that serves as a community-wide center for the collection and/or processing of recyclable materials such as glass, paper, plastic, aluminum and metal cans. Residential Accessory Uses. Includes any use that is customarily part of a residence and is clearly incidental and secondary to a residence and does not change the character of the residential use. Residential accessory uses include the storage of vehicles and other personal property and accessory structures including garages, studios and workshops. Residential Care. Establishments primarily engaged in the provision of residential, social err and personal care for children, the aged, and special categories of persons with some limits or ability for self-care, including mental and physical limitations, but where medical care is not a major element. Includes: board and care facilities; children's homes; halfway houses; rehabilitation centers; self-help group homes. Retirement Hotel. Establishments primarily engaged in providing lodging facilities limited to the aged where no medical care is provided. Such establishments may provide housekeeping and meals to the residents. Roadside Stands. Open structures for the retail sale of agricultural products (except hay, grain and feed sales which are included under"Farm Equipment and Supplies") which are located on the site or in the area of the property where the products being sold were grown. Rural Sports and Group Facilities. Establishments supporting special group activities such as: archery, pistol, rifle, and skeet clubs and facilities; dude ranches; health resorts including outdoor hot spring, spa or hot tub facilities; hunting and fishing clubs; recreational camps; group or organized camps; incidental, seasonal camping areas without facilities; equestrian facilities, including riding academies, schools, stables and exhibition facilities. Sales Lots. Sales lots consist of any outdoor sales area for permanent display of recreational vehicles, recreational and utility trailers, motorized farm equipment, boats, heavy commercial trucks (over one ton), mobilehomes, construction equipment, or other heavy equipment; outdoor equipment rental yards; or large scale temporary or permanent am outdoor sales activities, including but not limited to, swap meets and flea markets. City of Atascadero Ordinance No.499 Page 13 of 26 Schools—Business and Vocational. Business and secretarial schools; vocational schools offering specialized trade and commercial courses; specialized nondegree granting schools, such as: music schools; dramatic schools; language schools; driver education schools; ballet and other dance studios; and establishments furnishing educational courses by mail. Schools. An institution or establishment that provides a program of instruction and teaching services. Includes: preschools, nursery schools and day care centers; elementary and secondary schools serving grades K through 12 (or portions thereof);junior colleges, colleges and universities; and similar education institutions. Does not include Sunday schools which are permitted under"Churches and Related Facilities." Service Stations. Retail trade establishments primarily engaged in the sale of gasoline, which may also provide lubrication, oil change and tune-up services incidental to gasoline sales. May also include a towing service but does not include storage of wrecked or abandoned vehicles,paint spraying body and fender work, or trailer and equipment rental, unless rental uses are allowed in the subject zoning district as "Storage Yards and Sales Lots." Does not include the retail sale of gasoline as a subordinate service to a liquor store unless such sale includes more than two (2) pumps. Sexually Oriented Business. Any business defined by the Atascadero Sexually Oriented Business Ordinance (see Chapter 5-10 of this Code) as an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, or nude model studio is a sexually oriented business. Single Family Dwelling. A detached building designed for and/or occupied exclusively .. by one family. Does not include mobilehome dwellings which have a separate description. Skilled Nursing Facility. Residential establishments primarily engaged in providing nursing and health-related personal care, generally on a long-term basis, with inpatient beds, including skilled nursing facilities; extended care facilities; convalescent and rest homes. Small Scale Manufacturing. Manufacturing establishments not classified in any other major manufacturing group, including:jewelry, silverware and plated ware; musical instruments; toys; sporting and athletic goods; pens, pencils, and other office and artists' materials; buttons, costume novelties, miscellaneous notions; brooms and brushes; and other miscellaneous manufacturing industries. Also included are artisan and craftsman type operations which are not home occupations, and which are not secondary to on-site retail sales. Social and Service Organizations. Public or quasi-public establishments providing social services and rehabilitation services to such as counseling centers, welfare offices,job counseling and training centers, or vocational rehabilitation agencies, persons with social or personal problems requiring special services and to the handicapped and the disadvantaged. Also included are organizations soliciting funds to be used directly for these related services. Also includes establishments engaged in community improvement and neighborhood development. Does not include child day care services which are classified under"Schools." City of Atascadero Ordinance No.499 Page 14 of 26 Sports Assembly. Facilities for spectator-oriented specialized group sports assembly that include: stadiums and coliseums; arenas and field houses; race tracks (auto and animals); motorcycle racing and drag strips; and other sports that are considered commercial. Stone and Cut Stone Products. Manufacturing establishments primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones. Structural Clay and Pottery-Related Products. Manufacturing establishments primarily producing brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, fine earthenware and porcelain electrical supplies and parts. Artist/craftsman uses are included in"Small Scale Manufacturing" or"Home Occupations." Temporary Dwelling. Includes the temporary use of a mobilehome or recreational vehicle as a dwelling unit, following the issuance of a building permit for a permanent residence while the permanent residence is under construction. Temporary Events. Any use of a structure or land for an event for a limited period of time where the site is not to be permanently altered by grading or construction of accessory facilities. Events include: art shows; rodeos; religious revivals; tent camps; outdoor festivals and concerts. Temporary Offices. The utilization of a mobilehome or recreational vehicle as a temporary office during the period of a construction of a permanent office facility on the same site. Temporary or Seasonal Retail Sales. Retail trade establishments primarily engaged in the irrrr sale of fireworks; produce; Christmas trees or other seasonal items; or semiannual sales of art or handcrafted items in conjunction with community festivals or art shows. Textile Mills. Manufacturing establishments engaged in performing any of the following operations: preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage; manufacturing woven fabric and carpets and rugs from yarn; dying and finishing fiber, yard, fabric, and knit apparel; coating, waterproofing, or otherwise treating fabric; the integrated manufacture of knit apparel and other finished products from yarn; and the manufacture of felt goods, lace goods, nonwoven fabrics and miscellaneous textiles. Transit Stations and Terminals. Passenger stations for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Utility Service Centers. A private or public utility facility providing for customer services (including bill paying), engineering, production and treatment facilities, clerical, and construction crew activities. Includes vehicle, material and equipment parking and storage. Utility Transmission Facilities. Utility transmission lines and distribution facilities, including substations for electric, gas, other energy sources, water, cable television and telephone. Does not include lines serving individual customers. Vehicle and Freight Terminals. Transportation establishments furnishing services incidental to transportation, including: freight forwarding services; transportation arrangement services; parking, crating, inspection and weighing services; freight terminal ° facilities;joint terminal and service facilities; trucking facilities, including transfer and City of Atascadero Ordinance No.499 Page 15 of 26 storage; public warehousing and storage. Includes both railroad transportation and motor freight transportation. �rrr Vehicle and Equipment Storage. Service establishments primarily engaged in the business of storing cars, buses and other motor vehicles; recreational vehicles (such as campers, motor homes, boats); construction equipment; and farm equipment. Includes both day use and long-term public and commercial garages, parking lots and structures. Does not include wrecking yards (classified in"Recycling and Scrap"). Warehousing. Establishments primarily engaged in the storage of farm products, furniture, household goods, or other commercial goods of any nature for later distribution to wholesale and retailers. Does not include terminal facilities for handling freight (classified in "Vehicle and Freight Terminals"). Also includes storage or mini-storage facilities offered for rent or lease to the general public. Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as: merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products. (Ord. 489 § 2 (part), 2006; Ord. 473 § 2 (part), 2005: Ord. 427 § 1, 2003; Ord. 364 § 2 (part), Exh. A (part), 1999: Ord. 303 § 2 (Exh. A), 1996; Ord. 300 § 2 (6), 1996; Ord. 237 § 1 (C), 1992; Ord. 68 § 9-3.701, 1983) w.rr Chapter 15 SIGNS 9-15.002 Definitions. For the purposes of this chapter, the following definitions shall apply: (a) Abandoned Signs. A sign is abandoned when for a period of ninety(90) days or more, there is no sign copy appearing on the sign, or where the establishment with which the sign is associated has ceased operation, or where it is relatively clear that the sign has been forsaken or deserted. Any sign which is a conforming sign not in use, but which could be re-used in conjunction with the ownership or operation of a new business on a property, shall not fall under the definition of abandoned. (b) Alteration. Any change of size, shape, illumination, position, location, construction or supporting structure of an existing sign. (c) Animated Sign. A sign with action or motion, rotating, flashing or color changes, excepting therefrom wind actuated elements such as flags, banners, streamers, whirligigs or other similar devices, and public service signs such as time and temperature units. (d) Balloon, Inflatable Signs, or Inflatable Attention-getting Devices. Any air or gas filled device located, attached, or tethered to the ground, site, merchandise, building, or roof and used for the purpose of signage, advertising, or attention-getting. (e) Banner. Any sign of lightweight fabric or similar material that is attached to a building or other structure erected for another purpose. Flags, as defined in this Section, shall not be considered banners. City of Atascadero Ordinance No.499 Page 16 of 26 (f) Building Complex. A building or group of buildings on one (1) or more lots or building sites containing three (3) or more separate businesses or industrial uses and sharing common parking facilities. (g) Building Face. The outermost surface of any exterior wall of a building, but not including cornices, bay windows, balconies, or other architectural features which extend beyond the general outermost surface of such exterior wall. (h) Canopy Sign. Any sign that is part of a projecting awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance or window or outdoor service area, or otherwise attached to a building face. (i) Changeable Copy Sign. A sign with changeable copy, regardless of the method of attachment or the materials of construction. 0) Commercial Speech. Any message, the prevailing thrust of which is to propose a commercial transaction. (k) Commercial Signage. Any sign with wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. (1) Corner Clear Zone. The area at a street corner inscribed by a line drawn between points established by measuring back fifteen (15) feet from the beginning of the curb radius along the curb line, or edge of pavement when there is no curb, and the face of the curb or edge of pavement. (m) Dormer. A structure located above the height of a wall projecting from a sloping roof that is enclosed on both sides and top, and does not project above top of the roof structure. .r (n) Dwelling Unit. Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation. (o) Enforcement Officer. Any City official or agent designated by the City Manager as having authority to enforce the provisions of this Article. (p) Flag. A device, generally made of flexible materials, usually cloth, paper or plastic, usually used as a symbol of a government, school, or religion, and not containing a commercial message. (q) Freestanding Sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground which are independent from any building or other structure. This definition may include pole signs, ground signs and monument signs. (r) Ground Sign. Any freestanding sign greater than six (6) feet in height and supported wholly by uprights, braces, or poles in or upon the ground and where any supports or angle irons are enclosed in a wood, plastic, metal or other decorative form, such that the angle irons or supports are not visible. The entire bottom of a ground sign is generally in contact or in close proximity to the ground. (s) Height. The height of any sign shall be the measurement from the top of the sign cabinet, including all ornamentation and supports, to the existing grade beneath the sign. (t) Illegal Sign. Any sign placed without all required governmental approval and/or permits at the time said sign was placed or is an existing sign which was not constructed in accordance with the ordinances and other applicable laws in effect on the date of construction, did not receive government approval or permits, or a legal nonconforming am sign that has exceeded its authorized amortization period. City of Atascadero Ordinance No.499 Page 17 of 26 (u) Illuminated Sign. Any sign employing the use of lighting sources for the purpose of decorating, outlining, accentuating or brightening the sign area. (v) Incidental Sign. A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as no parking, entrance, loading only, telephone and other similar directives. A sign that also includes a commercial message is not considered incidental. (w) Institutional. Uses whose primary function is furtherance of the public health, safety and welfare, generally, but not exclusively non-commercial in nature, including, but not limited to the following: hospitals and similar health care facilities, airports, cemeteries, recreational clubs and lodges, museums, theaters and similar cultural institutions, churches and similar religious institutions, detention facilities, fire and police stations, emergency shelters, marinas, parks and similar recreational facilities, schools and similar educational institutions,public utility facilities other than business offices. (x) Legal Non-Conforming Sign. A sign which was legal when first erected, with all necessary permits, but due to a change in the law it became nonconforming. (y) Lot. Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership. (z) Lot Frontage. Those portions of a lot or building site which abut a public street. For purposes of determining frontage on corner lots and through lots, all sides of a lot abutting a public street (excluding an alley) shall be considered frontage. (aa) Marquee. A permanent roofed structure attached to and supported by the building and projecting beyond the building face. (bb) Monument Sign. A freestanding sign which is supported by a base which extends the entire length of the sign area and is an integral part of the design. (cc) Multi-Faced Sign. A sign with two or more sign faces where any two sign faces are oriented such that they have an interior angle of greater than forty-five (45) degrees from each other. (dd)Non-Commercial Signage. Any signage which is not determined to be commercial signage, as defined herein. (ee) Non-Commercial Speech. Any message which is not determined to be commercial speech as defined herein. (ff)Non-Structural Trim. The molding, battens, caps, nailing strips, lattice, cutouts, or letters and walkways which are attached to the sign structure. (gg) Obscene Signs. Signage when taken as a whole, which to the average person applying contemporary statewide standards, appeals to the prurient interest and as a whole depicts or describes in a patently offensive way sexual conduct which lacks serious literary, artistic, political or scientific value. (hh) Off-Site Commercial Signage. Signage that is not located on the site of the business, accommodations, services, or commercial activity served by the sign. (ii) On-Site Commercial Signage. A sign advertising the business, accommodations, services or commercial activities provided on the site on which the sign is located. Oj) Permanent Sign. Any legal sign designed or used in excess of forty-five (45) days. (kk) Permitted Sign. Signs permitted pursuant to this Article. (ll) Pole Signs. A sign wholly supported by one or more poles and otherwise separated from the ground by air. City of Atascadero Ordinance No.499 Page 18 of 26 (mm) Portable Sign or A-frame Sign. Any freestanding, moveable sign. (nn) Prohibited Signs. Signs specified in Section 9-15.003(d) of this article or any sign " not specified in Section 9-15.005 nor in compliance with the design criteria for this Article. (oo) Projecting Sign. A sign which projects more than twelve (12) inches from the exterior face of a building wall or facade and which uses the building wall as its primary source of support. (pp) Project Entrance Sign. An on-site sign used to identify the name of an apartment housing complex, mobile home park, condominium subdivision or other residential subdivision. (qq) Public Service Sign. A non-commercial sign that provides general information that benefits the public, such as electronic changeable time and temperature units. The renewal of any part of an existing sign for the purpose of its maintenance. (rr) Roof Sign. A sign erected upon or above a roof(angled surface) or a parapet of a building or structure, and not contained within a dormer(flat surface). (ss) Setback Area. The setback area shall be that area defined as the required minimum yard as specified by the Zoning Ordinance for each Zoning District, unless a specific setback is designated within this Article. (tt) Sign. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public, with the exception of the following. (1) Such devices not exceeding one (1) square foot in area and bearing only property numbers, post box number, names of occupants or other similar identification on a site. (2) Flags and other insignia of any government not displaying a commercial message. (3) Legal notices, identification, informational or directional/traffic controlling devices erected or required by government agencies. (4) Decorative or architectural features of buildings, except letters, trademarks or moving parts. (5) Holiday decorations and lights. (6) Government traffic controlling devices are not considered signs for purposes of this article due to their distinct purpose. (uu) Sign Area. The entire area contained within the frame, cabinet or fixture, including all ornamentation or decoration used to attract attention. In the case of pole signs, that area above the supporting column, provided such supporting column is not decorated or displayed with advertising. The area of signs painted on walls, individual letter signs, trough signs, and other directly illuminated signs, shall be calculated on the basis of the smallest rectangle, circle or spherical figure that will enclose the entire copy area of the sign. The area of any two (2) or more faced signs or type signs having any interior angle of more than forty-five (45) degrees (multi-faces signs) shall be the total area of all faces or panels. If all interior angles are forty-five (45) degrees or less, the greatest sized panel or face shall only be counted as the sign area. (vv) Sign Copy. Any words, letters, numbers, figures, designs or other symbolistic representation incorporated into a sign with the purpose of attracting attention to the subject matter. City of Atascadero Ordinance No.499 Page 19 of 26 (ww) Sign Face. The surface of the sign upon, against, or through which the message is displayed or illustrated on the sign. �.. (xx) Sign Structure. Any structure that supports or is capable of supporting any sign as defined in this Section. A sign structure may be a single pole and may or may not be an integral part of the building. (yy) Site. A lot, or group of contiguous lots, with or without development, in single ownership, or having multiple owners, all of whom join in an application for signage. (zz) Street. A public or private highway, road or thoroughfare which affords the principal means of access to adjacent lots. (Ord. 400 § 1 (part), 2002: Ord. 255 § 2 (part), 1992) 9-15.003 Applicability. (a) General. (1) The provisions of this chapter are applicable to all signs constructed or altered after the effective date of the ordinance codified in this chapter. (2)Nonconforming signs shall be revised to conform to the provisions of this chapter where an entitlement for construction other than minor additions or interior alterations is occurring or where a change of use occurs. (3) All signs that are not specifically exempted from this chapter are subject to the appearance review guidelines and an approved sign permit. (4)Neon signs visible from the public right-of-way, and change in copy or materials for existing signs requires Appearance Review by the Planning Division. (5) The sign design standards herein are intended to be the maximum standards allowable without an administrative use permit or conditional use permit. (b) Permits required. (1) Except as hereinafter provided, no permanent sign shall be constructed, displayed or altered without an approved sign permit. Signs are permitted under the various use classifications or locations specified in this chapter. (2) The application requirements, processing, review and approval for a sign permit shall be as set forth in Section 9-15.009 of this chapter. (3) When signs are proposed for a project subject to entitlement approval, a separate sign permit is not required. The application for entitlement and sign shall include complete information per Section 9-15.009 of this chapter, and any other information determined to be necessary for Planning Division review. (c) Exempt Signs. (1) Agricultural Signs. Unlighted, with an aggregate area of thirty-two (32) square feet. One (1) sign per street frontage. (2) Construction Signs. With an aggregate area of forty(40) square feet, not exceeding eight (8) feet in height. One (1) sign per street frontage. (3) Directory Signs. Wall mounted for pedestrian use, with an aggregate area of twenty (20) square feet, not exceeding eight (8) feet in height. (4) Holiday Signs. Holiday and special event decorations, for a single holiday, may be in place up to sixty(60) days. City of Atascadero Ordinance No.499 Page 20 of 26 (5) Real Estate Signs. Located on a lot for sale, lease or rent. Aggregate area up to six (6) square feet. Sign must be removed fourteen (14) days after sale or transaction has occurred. One (1) sign per street frontage. (6) Hazard Signs. As long as a hazard exists. (7) Residential Signs and Home Occupations. With an aggregate area of four(4) square feet. Apartment, condominium projects with five (5) or more units, and subdivisions may have an aggregate sign area up to ten (10) square feet. (8) Window Signs. With an aggregate area not exceeding four(4) square feet, at public entrances. (9) Official Government Flags. Signs, flags and notices. (10) Window Lettering. Limited to lettering and graphics with an aggregate area not to exceed fifty percent (50%) of the window area. (11) Landscaped Signs. Consistent with Section 9-4.127. (12) Safety and Directional Signs. With an aggregate area not exceeding four (4) square feet. Such signs shall be pedestrian scale. The City has a compelling interest in ensuring traffic and pedestrian safety. To directly advance that interest, such safety and directional signs are allowed. (13) Banner or Temporary Signs. Constructed from nonpermanent material, (e.g. paper, canvas, vinyl, etc.). (i.) Maximum number and area. Each business may have one (1) banner sign per public street frontage, with a maximum area of forty(40) square feet. (ii.) Limits on time displayed. Temporary signs may be in place for a maximum of thirty (30) days. All banners must be down a minimum of 60 days before any new banner may r.. go up. Banners may remain up during the entire permanent sign permit process.(iii.) Placement. Banners must be secured flat against a building or secure structure. (iv.) Exceptions. Non-profit events shall be exempt from size and number of banners (e.g. farmers market.) (14) Redevelopment Projects. Any sign program approved and entered into by the Community Redevelopment Agency of Atascadero, so long as the program is otherwise consistent with the General Plan of the City of Atascadero. (d) Prohibited Signs. (1) Off-Premises signs that direct attention to a business, service or product not sold or offered on the premises on which the sign is located, including billboards; (2) Abandoned Signs. A sign is abandoned where for a period of ninety(90) days or more, there is no sign copy appearing on the sign or where the establishment to which the sign is attached has ceased operation and where it is clear that the sign has been forsaken and deserted or where the sign is fifty percent (50%) or more deteriorated, damaged or destroyed; (3) Confusing signs that simulate in color or design any traffic sign, signal or which makes use of words, symbols or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic; (4) Animated, moving, flashing, blinking, reflecting, glaring or revolving, or any other similar sign, except electronic message boards displaying time or temperature or the display of non-commercial notice services and free speech messages; (5) Roof signs; am (6) Snipe signs or any other sign attached to a tree, utility pole, fence post, etc.; City of Atascadero Ordinance No.499 Page 21 of 26 (7) Signs on vehicles when the vehicle is parked or placed for the primary purpose of displaying said sign except a sign painted directly upon, magnetically affixed to or ..� permanently affixed to the body or other integral part of the vehicle. Such signs shall not be used as a billboard. Such signs may contain non-commercial messages; (8) Inflatable signs. (Ord. 400 § 1 (part), 2002: Ord. 255 § 2 (part), 2002) 9-15.005 Allowed signs. (a) Commercial and Industrial Zones. The aggregate sign square footage allowed per site is one hundred twenty-five(125) square feet. This sign square footage may be divided by using more than one type of sign, provided that the aggregate sign square footage allowed per sign does not exceed the following standards: (1) Wall sign. One (1) wall sign per building face with public street frontage or parking lot frontage (except those facing a residential zone)per business (up to two (2) businesses at the same location). Maximum size for wall signs may not exceed one (1) square foot per lineal foot of business frontage or forty(40) square feet, whichever is less. (2) Monument Sign. One (1) monument sign per two hundred (200) lineal feet of public street frontage per site (except streets adjacent to a residential zone). Maximum size of monument sign is not to exceed sixty(60) square feet, and a maximum height of ten (10) feet from the natural grade. (3) Suspended Sign. One (1) suspended sign, with an aggregate area not exceeding fifteen (15) square feet, and a minimum ground clearance of eight (8) feet or as regulated by the Uniform Sign Code. (4) Projecting Sign. One (1)projecting sign with an aggregate area not to exceed fifteen (15) square feet. Minimum ground clearance must be eight (8) feet, or as regulated by the Uniform Sign Code. Projecting signs may not be closer than five (5) feet to a public right-of-way. (5) Tenant Sign. Centers with three (3) or more tenants may have one (1) tenant wall sign per business street frontage (except streets adjacent to a residential zone). The aggregate area of tenant signs is not to exceed one (1) square foot per lineal foot of business frontage, or twenty(20) square feet, whichever is less per tenant. Centers may have one (1) center identification monument sign per two hundred(200) lineal feet of street frontage, with a maximum sign area of sixty(60) square feet. Major tenants (ten thousand (10,000) square feet or more) may have one hundred fifty percent (150%) more wall sign area. (6) Freeway signs. In addition to the signs allowed above, sites located adjacent to Highway 101 or a Highway 101 frontage road may be authorized, through administrative use permit, approval to use a freeway oriented sign as provided below: (i.) Businesses located on freeway frontage of Highway 101, and that are a restaurant, service station, provide lodging, or are a dealer of new automobiles, may have a pole mounted freeway oriented sign with an area not to exceed one (1) square foot of sign area per lineal foot of freeway oriented building frontage up to one hundred fifty(150) square feet, whichever is less. Pole mounted signs shall not exceed fifty(50) feet in height or the minimum height necessary for effective visibility(see Section 9-15.006(c)). City of Atascadero Ordinance No.499 Page 22 of 26 (ii.) Where the principal use is planned shopping, office or industrial complex with five (5) o r more tenants, a building mounted freeway oriented sign may be allowed with a maximum area not to exceed one (1) square foot for each lineal foot of building frontage up to sixty(60) square feet per principal tenant, whichever is less. (iii.) Where the building area of a single tenant building exceeds ten thousand (10,000) square feet, a building mounted freeway oriented sign may be allowed with a maximum area not to exceed one (1) square foot for each lineal foot of building frontage up to sixty (60) square feet, whichever is less. Where the building area of a single tenant building is less than ten thousand (10,000) square feet, a building mounted freeway oriented sign may be allowed with a maximum area of forty(40) square feet with a maximum letter height of fourteen (14) inches. Freeway wall signs shall be constructed of individual three-dimensional letters or logos. Rectangular box or cabinet signs shall not be allowed along the US 101 frontage. Signs may be internally illuminated pan channel letters. (7) Gas Station Canopies. In addition to the signs allowed above, a maximum of twenty (20) square feet signs, logos and or color banding shall be permitted on no more than two (2) sides of a pump island canopy structure. The remainder of the pump canopy fascia shall be of an architectural treatment consistent with site architecture. (8) Off Site Subdivision Signs. Subdivision tracts of twenty(20) or more lots may be permitted to install off site directional advertising signage subject to the approval of an administrative use permit subject to the following conditions: (i.) The subdivision tract shall be located within the City of Atascadero. (ii.)No more than three (3) signs shall be allowed with a maximum height of fifteen (15) r feet and sixty(60) square feet of sign area. (iii.)No flags, banners or other decorations shall be affixed to the sign. (iv.) The signs shall not be illuminated. (v.) All signs shall be located on private property with written permission from the property owner provided to the City. (vii.) A building permit shall be obtained for the signs. (viii.) The signs shall be removed prior to final occupancy of the last unit in the tract or after a period of three (3) years whichever is less. The applicant may apply annually for a one-year time extension for active construction projects. (9) Portable Signs and A-frame Signs. One (1) Portable sign per street frontage. Maximum size of portable sign is not to exceed two (2) feet wide by five (5) feet tall. Minimum height is 3 feet tall. Portable and A-frame signs must be located on the business's property or within the boundaries of the shopping center or commercial complex, unless an encroachment permit is obtained for a portable sign located in the public right of way. The property owner is required to indemnify the City in conjunction with the encroachment permit for any sign located in the right of way. (b) Downtown Districts. (1) Applicability. Signs within the downtown zoning districts are subject to all applicable requirements of the City's Sign Ordinance, except as provided by this Section. (2) Design Review. The design, materials, illumination and location of all signs shall be reviewed for consistency with the Downtown Design Guidelines. (3) Maximum allowed sign area. Each business shall be allowed a total of one (1) square r foot of sign area per linear foot of the street frontage occupied by the business, with a City of Atascadero Ordinance No.499 Page 23 of 26 minimum total of twenty(20) square feet allowed for each business, and a maximum total sign area of fifty (50) square feet. (4) Standards for specific types of signs. (i) Wall Signs. a. Maximum number. Each business may have one (1) wall sign, except corner buildings, which may have two (2). A single facade may have a wall sign or awning sign (Subsection D.2), but not both. b. Height. Wall signs shall be located below the top of the parapet or roofline on single story buildings and below the second floor sill on multi-story buildings. c. Placement and materials. The sign may be painted directly on a wall, formed of individual letters attached to a wall, or consist of a sign panel attached to the wall, provided that the design is consistent with the architectural style and features of the building facade. Internally illuminated "can" signs are not allowed. (ii) Awning Signs. Awning signs may be used instead of allowable wail signs on the same building facade. A logo/insignia or name may be painted, silk-screened, or appliqued onto the awning. a. Sign area. The area of signage on an awning shall not exceed twenty-five percent (25%) of the area of the awning face. b. Projection and clearance. Awnings may project a maximum of five (5) feet into the public right-of-way and shall maintain a minimum vertical clearance from the ground of eight(8) feet. c. Design. Awnings shall be securely attached to the buildings and well maintained. No supports or poles may be located in the public right-of-way. Awnings shall complement Now the building they are attached to. (iii) Projecting Signs. Projecting signs may be allowed as follows: a. Maximum number and area. Each business within the Downtown is allowed a projecting sign in addition to the wall signs allowed by this section. 1. If the projection is two (2) sided, each side of the sign shall be used in the total allowable area calculation (subsection (C)). 2. No projecting signs shall exceed nine (9) square feet in area per side. b. Projection and Clearance. Projecting signs may extend five (5) feet into the public right-of-way and must maintain a minimum vertical clearance of eight (8) feet. c. Alternative Use of Decorative Pennants. Decorative individual pennants (not strings of pennants) may be used as an alternative to an allowed projecting sign. Only fabric pennants may be used. The image may be painted, silk screened or appliqued on the fabric. Any business logo or insignia shall be included within the total allowable projecting sign area. All decorative pennants shall be well maintained and of professional quality. (iv) Monument Signs. Uses occupying over ten thousand (10,000) square feet may be allowed a monument sign in compliance with the Sign Ordinance, in addition to the sign area and types of signs allowed by this section. Maximum size of monument sign is not to exceed sixty(60) square feet, and a maximum height of ten (10) feet from the natural grade. (v) Window Graphics. Window graphics shall not exceed twenty percent (20%) of the storefront window area, or twenty(20) square feet, whichever is less. Window graphics `m are not counted as part of the maximum sign area allowed a business. City of Atascadero Ordinance No.499 Page 24 of 26 (vi) Multi-Tenant Directory Signs. Multi-tenant directory signs shall not exceed seventy- two (72) inches per tenant. The multi-tenant directory signs are allowed in addition to the sign area and types of signs allowed by this section, provided that the design is consistent with the architectural style and features of the building fagade. (vii) Building Name Sign. A building name sign shall not exceed twenty(20) square feet. The building name sign shall be limited to buildings with at least three tenants and shall identify the building, not a business within the building. The building name sign is allowed in addition to the sign area and types of signs allowed by this section, provided that the design is consistent with the architectural style and features of the building fagade. (viii) Portable Signs and A-frame Signs. One (1) Portable sign per street frontage. Maximum size of portable sign is not to exceed two (2) feet wide by five (5) feet tall. Minimum height is 3 feet tall. Portable and A-frame signs must be located on the business's property or within the boundaries of the shopping center or commercial complex, unless an encroachment permit is obtained for a portable sign located in the public right of way. The property owner is required to indemnify the City in conjunction with the encroachment permit for any sign located in the right of way. (c) Public and Recreation Zones. The following signs are allowed in the P, and L Zones, provided that the aggregate area of signs per site does not exceed one hundred (100) square feet. (1) Wall Sign. One (1) wall sign for each public street frontage for business or tenants with a sign area maximum of ten percent (10%) of the building face or up to a maximum of forty(40) square feet, whichever is less. am (2) Suspended Sign. One (1) suspended sign for each public street frontage, with a maximum area of ten (10) square feet for each business or tenant. (3) Monument Sign. One (1) monument sign for each business per three hundred (300) lineal feet of public street frontage. Monument signs may have a maximum sign area of forty(40) square feet, and a maximum height of ten(10) feet from the natural grade. (d) All Zoning Districts. The following signs may be allowed, either by conditional use permit or administrative use permit, as specified, in all zoning districts. (1) Community Identification Sign. Community identification signs may be allowed, by conditional use permit, on arterial streets entering the City with a maximum area of eighty(80) square feet and a maximum height of twelve (12) feet. Such signs may include the name of the City, names of civic or religious organizations, and names and locations of City facilities. Such signs shall not contain the names of businesses of commercial products. (2) Information Kiosks. Kiosks for the permanent and/or temporary display of information including community and civic activities, and advertising for local commercial establishments may be allowed. Approval of the size, location, and maintenance requirements for such kiosks shall be established through administrative use permit. (3) Changeable Copy Sign. Approval of the size, location, purpose, design, and content of changeable copy signs shall be by conditional use permit or administrative use permit as .r provided in Section 9-15.003 (d)(7). City of Atascadero Ordinance No.499 Page 25 of 26 (4) Public Transit Facilities. At the discretion of the Community Services Director, advertising signs may be placed on buses and designated bus stop benches used in connection with a public transit program provided by the City of Atascadero. Signs on buses shall be limited to one on each side, neither of which exceeds six (6) square feet. Signs on benches shall be limited to one (1) sign which shall be placed on the back of the bench and which shall not exceed ten (10) inches by thirty-six (3 6) inches. Additional signs and/or modification signs associated with public transit facilities may be approved through conditional use permit process. (Ord. 400 § 1 (part), 2002: Ord. 376 § 2 (Exh. A), 2000; Ord. 354 § 1, 1998; Ord. 255 § 2 (part), 1992) Chapter 4 GENERAL SITE DESIGN AND DEVELOPMENT STANDARDS 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 street lights located within public rights-of- way and all uses established in the Agriculture zone. An electrical permit may be required by Title 8. (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 Sections 9-4.130 et seq. .�r (b)Nondecorative Exterior Lighting Shielded. All nondecorative exterior lighting shall be shielded to direct light toward buildings or the ground. 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 in such concentration or intensity as to be detrimental or harmful to persons or to interfere with the use of surrounding properties or streets. (d) Decorative Exterior Lighting Shielded. Where lights are used for the purpose of illuminating or accenting building walls, signs, flags, architectural features, or landscaping, the light source is to be shielded so as not to be directly visible from off-site. (e) Ground Illuminating Lights. Any light source used for ground area illumination except incandescent lamps of one hundred fifty(15 0) watts or less and light produced directly by the combustion of natural gas or 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 any light source intended for ground illumination is located at a height greater than eight (8) feet, the required shielding is to extend below the lowest edge of the light source a distance sufficient to block the light source from the view of any residential use within one thousand (1000) feet of the light fixture. (f) Height of Light Fixtures. Freestanding outdoor lighting fixtures shall not exceed the allowed height of the tallest building on the site, pursuant to Section 9-4.111. (Ord. 68 § 9-4.137, 1983) City of Atascadero Ordinance No.499 Page 26 of 26 SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. INTRODUCED at a regular meeting of the City Council held on September 12, 2006, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on September 26, 2006,by the following roll call vote: AYES: Council Members Clay, Pacas and Mayor O'Malley NOES: None ABSTAIN: None ABSENT: Council Member Luna One Vacancy +inn ATTEST: CITY OF ATASCADERO . 4. Marcia McClure Torge-son, C.M.C., Tom Malley, Ma ` City Clerk APPROVED AS TO FORM: atric nr' , City Attorney