HomeMy WebLinkAbout092413 - CC Agenda combinedCITY OF A TA SCA DERO
CITY COUNCIL
AGENDA
Tuesday, September 24, 2013
City Hall
Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
City Council Regular Session:
Successor Agency:
W1111111PTO
Immediately following the City
Council Regular Session
REGULAR SESSION — CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Council Member Fonzi
ROLL CALL: Mayor O'Malley
Mayor Pro Tem Sturtevant
Council Member Fonzi
Council Member Kelley
Council Member Moreno
APPROVAL OF AGENDA: Roll Call
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1. Energy Awareness Proclamation
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non -controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public to address the Council concerning the
item before action is taken. DRAFT MINUTES: Council meeting draft minutes
are listed on the Consent Calendar for approval of the minutes. Should anyone
wish to request an amendment to draft minutes, the item will be removed from
the Consent Calendar and their suggestion will be considered by the City
Council. If anyone desires to express their opinion concerning issues included in
draft minutes, they should share their opinion during the Community Forum
portion of the meeting.)
1. City Council Draft Action Minutes — September 10, 2013
■ Recommendation: Council approve the City Council Draft Action Minutes
of September 10, 2013. [City Clerk]
2. Draft Resolution — Directing Staff of the Charles Paddock Zoo to
Proceed with the Association of Zoos and Aquariums (AZA)
Accreditation Process
■ Fiscal Impact: None
■ Recommendations: Council adopt the Draft Resolution directing staff to
proceed with the Association of Zoos and Aquariums (AZA) Accreditation
process. [City Manager]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on
any current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the
record before making your presentation. Comments made during Community Forum
will not be a subject of discussion. A maximum of 30 minutes will be allowed for
Community Forum, unless changed by the Council. Any members of the public who
have questions or need information, may contact the City Clerk's Office, between the
hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtorgerson(a-)_atascadero.orq.)
B. PUBLIC HEARINGS:
1. PLN 2011-1417 1 ZCH 2011-0163 2007 - 2014 Housing Element
Implementation of Program and Policies (City of Atascadero)
■ Fiscal Impact: There is no projected fiscal impact with the proposed
changes to the City's Zoning Ordinance.
■ Recommendations:
Planning Commission Recommends:
1. City Council introduce Draft Ordinance A for first reading, by title only, to
approve PLN 2011-1417 (Zone Text Change ZCH 2011-0163), Housing
Element Implementation Programs and Residential Code modifications; and,
2. City Council introduce Draft Ordinance B-1 for first reading, by title only, to
approve PLN 2011-1417 (Zone Text Change ZCH 2011-0163) approving an
emergency shelter ordinance in a site specific location with an optional meal
program as a Conditional Use Permit (CUP); and,
The Council has requested the following alternative ordinance be
prepared for consideration:
3. City Council introduce Draft Ordinance B-2 for first reading, by title only, to
approve PLN 2011-1417 (Zone Text Change ZCH 2011-0163) approving an
emergency shelter ordinance in a site specific location and allow for an open
meal program as a "bV right" use subject to standards within the proposed
draft ordinance; and,
Planning Commission Recommends.-
4.
ecommends.
4. City Council introduce Draft Ordinance C for first reading, by title only, to
approve PLN 2011-1417 (Zone Text Change ZCH 2011-0163), introduction of
a Single Room Occupancy Unit (SRO) ordinance.
If the City Council adopts Draft Ordinance B-1, Staff recommends the
City Council provide direction on the following items:
5. Direct Staff to utilize city funds for a Conditional Use Permit (CUP) fee for an
open meal program if the council adopts draft Ordinance B-1.
6. Direct Staff to allow ECHO to continue the open meals program until a final
decision is made on the conditional use permit.
Staff Recommends Council:
7. Specify that the masonry wall at the rear of the ECHO property must be
completed within 12 -months of the approval of the ordinance.
2. Community Development Block Grant (CDBG) Fundinq Reallocations
■ Fiscal Impact: None
■ Recommendations: Council:
1. Direct staff to eliminate the Community Services Foundation Youth
Scholarships award from the 2013 CDBG cycle, and add the City of
Atascadero Youth Scholarships 2013 to the CDBG cycle; and,
2. Direct staff to include the 2012 funding for the North County Adaptive
Sports Program in the 2013 CDBG cycle.
C. MANAGEMENT REPORTS:
■ Economic Development Hotspots Council Review and Update
■ Fiscal Impact: The Hot Spot list does not have a direct fiscal impact on the
City, but each project on the list has the potential for both positive and
negative fiscal impacts depending on how a project is structured. Fiscal
decisions on specific projects would require future Council actions at
which time actual fiscal impacts would be analyzed.
■ Recommendation: Council give direction on reprioritizing Economic
Development Hotspot projects
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
D. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor O'Malley
1. City / Schools Committee
2. County Mayors Round Table
3. Integrated Waste Management Authority (IWMA)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Sturtevant
1. City / Schools Committee
2. City of Atascadero Finance Committee
3. Community Action Partnership of SLO County
4. League of California Cities — Council Liaison
Council Member Fonzi
1. Air Pollution Control District
2. City of Atascadero Design Review Committee
3. Oversight Board for Successor Agency to the Community Redevelopment
Agency of Atascadero
4. SLO Local Agency Formation Commission (LAFCo) — alternate
Council Member Kelley
1. Atascadero State Hospital Advisory Committee
2. City of Atascadero Design Review Committee
3. Economic Vitality Corporation, Board of Directors (EVC)
4. Homeless Services Oversight Council
Council Member Moreno
1. California Joint Powers Insurance Authority (CJPIA) Board
2. City of Atascadero Finance Committee (Chair)
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1.
City Council
2.
City Clerk
3.
City Treasurer
4.
City Attorney
5.
City Manager
F. ADJOURNMENT TO THE SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF ATASCADERO
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Lisa Cava Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the
foregoing agenda for the September 24, 2013 Regular Session of the Atascadero City Council was
posted on September 17, 2013, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA
93422 and was available for public review in the Customer Service Center at that location.
Signed this 17th day of September, 2013, at Atascadero, California.
Lisa Cava, Deputy City Clerk
City of Atascadero
City of Atascadero
WELCOME TO THE ATA SCA DERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. Council
meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the
Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped
for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the
City's website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City
Clerk for more information (470-3400).
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of
City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. An agenda packet is also available
for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a
number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All
documents submitted by the public during Council meetings that are either read into the record or referred to in their
statement will be noted in the minutes and available for review in the City Clerk's office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the
Council to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Mayor and Council.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support
your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must
be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your
presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence
and turn in the printed copy.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If
you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
6. All comments limited to 3 minutes
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council.
ITEM NUMBER: A - 1
DATE: 09/24/13
CITY OF A TA SCA DERO
CITY COUNCIL
DRAFT ACTION MINUTES
Tuesday, September 10, 2013
City Hall
Council Chambers
6500 Palma Avenue, Atascadero, California
City Council Closed Session:
City Council Regular Session:
CITY COUNCIL CLOSED SESSION: 5:00 p.m.
5:00 p.m.
6:00 p.m.
Mayor O'Malley announced at 5:00 p.m. that the Council is going into Closed Session.
1. CLOSED SESSION -- PUBLIC COMMENT - None
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION -- CALL TO ORDER
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property and Owners:
APN 049-131-074 Owner: P. Laughlin
APN 049-131-055 Owner: D. Bradshaw
ITEM NUMBER: A - 1
DATE: 09/24/13
APN 049-141-038
Owner: R. Arnold
APN 049-131-050
Owner: M. Reynolds
APN 049-131-044
Owner: First Assembly of God
APN 049-141-039
Owner: City of Atascadero
APN 049-112-039
Owner: Walmart
APN 049-102-045
Owner: Montecito Bank & Trust
APN 049-141-053
Owner: Bay Area Diablo Petroleum
Agency Negotiators: City Manager, Director of Public Works, City
Attorney.
Negotiating parties: P. Laughlin, D. Bradshaw, R. Arnold, M. Reynolds,
First Assembly of God, Walmart, Montecito Bank & Trust, and Bay
Area Diablo Petroleum
Under negotiation: Price and terms of payment.
4. CLOSED SESSION -- ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION -- REPORT
City Attorney Pierik announced that there was no reportable action taken.
REGULAR SESSION — CALL TO ORDER: 6:00 P.M.
Mayor O'Malley called the meeting to order at 6:00 p.m. and Mayor Pro Tem Sturtevant
led the Pledge of Allegiance.
ROLL CALL:
Present: Council Members Kelley, Moreno, Fonzi, Mayor Pro Tem
Sturtevant, and Mayor O'Malley
Absent: None
Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson
Staff Present: City Manager Rachelle Rickard, Acting Administrative Services
Director Jeri Rangel, Community Development Director Warren
Frace, Public Works Director Russ Thompson, Police Chief Jerel
Haley, and City Attorney Brian Pierik.
Atascadero City Council
September 10, 2013
Page 2 of 6
ITEM NUMBER: A - 1
DATE: 09/24/13
APPROVAL OF AGENDA:
Mayor O'Malley amended the order of the Presentations as follows:
1. Patriotism Week Proclamation
2. Presentation to Channel Coast Corporation
3. Pfeiffer Partners Presentation
MOTION: By Council Member Moreno and seconded by Mayor Pro Tem
Sturtevant to approve the agenda as amended.
Motion passed 5:0 by a roll -call vote.
PRESENTATION:
1. Patriotism Week Proclamation
The City Council presented Gale Crick, Exalted Ruler of the Atascadero Elks, the
proclamation declaring Patriotism Week.
2. Presentation to Channel Coast Corporation
The City Council presented Joe Handerhan of Channel Coast Painting a Commendation
for their spectacular work on the historic City Hall and their donation of $12,500.00
towards the cost of the painting of the first floor Rotunda.
3. Pfeiffer Partners Presentation
Stephanie Kingsnorth of Pfeiffer Partners gave a detailed presentation about the
process involved in restoring the building.
Dan Huff of Bernards thanked the City Council for the privilege of working on this
restoration.
A. CONSENT CALENDAR:
1. City Council Draft Action Minutes — August 13, 2013
■ Recommendation: Council approve the City Council Draft Action Minutes
of August 13, 2013. [City Clerk]
2. Oakhaven Final Map Acceptance
■ Recommendations: Council adopt and approve Final Map 2006-0130
(Tract 2614); Reject, without prejudice to future acceptance on behalf of
the public, the offer of dedication for the easements for Public Sewer,
Public Access Purposes; authorize and direct the City Clerk to endorse
the City Council's approval on the map; authorize the City Manager to sign
Atascadero City Council
September 10, 2013
Page 3 of 6
ITEM NUMBER: A - 1
DATE: 09/24/13
a Subdivision Improvement Agreement for the onsite improvements
associated with Final Map 2006-0130. [Public Works]
3. June 2013 Accounts Payable and Payroll
■ Recommendation: Council approve certified City accounts payable, payroll
and payroll vendor checks for June, 2013. [Administrative Services]
4. June 2013 Investment Report
■ Council receive and file the City Treasurer's report for quarter ending June
2013. [Administrative Services]
Council Member Fonzi announced that she is recusing herself on Item #A-2 as she
works for Century 21, the real estate company that represents the properties in this
item.
MOTION: By Mayor Pro Tem Sturtevant and seconded by Council
Member Fonzi to approve the Consent Calendar.
Motion passed 5:0 by a roll -call vote. (Item #A-2: 4:0, Fonzi
abstained)
Mayor O'Malley recessed the meeting at 6:40 p.m.
Mayor O'Malley reconvened the meeting at 6:51 p.m.
UPDATES FROM THE CITY MANAGER:
City Manager Rachelle Rickard gave an update on projects and issues within the City.
Ms. Rickard introduced David Wilson who gave a presentation about Grape Encounters
(Exhibit A).
COMMUNITY FORUM:
The following citizens spoke during Community Forum: Lee Swam, Karyn Sturtevant,
Mitch Paskin, Debra Paskin, and Jim Wilkins.
Mayor O'Malley closed the COMMUNITY FORUM period.
B. PUBLIC HEARINGS: None
Atascadero City Council
September 10, 2013
Page 4 of 6
ITEM NUMBER: A - 1
DATE: 09/24/13
C. MANAGEMENT REPORTS:
1. Groundwater Update
Fiscal Impact: None
Recommendation: Council receive and file an update on the Paso Robles
Groundwater Basin. [Public Works]
Public Works Director Russ Thompson introduced John Neil, the General Manager of
the Atascadero Mutual Water Company to give a presentation to the Council regarding
the water issues facing the North County.
PUBLIC COMMENT:
The following citizens spoke on this item: Nancy Hair.
Mayor O'Malley closed the Public Comment period.
The Council received and filed this report.
Mayor O'Malley recessed the meeting at 8:16 p.m.
Mayor O'Malley reconvened the meeting at 8:22 p.m.
2. Review of City of Atascadero Marketing Plan
Fiscal Impact: None
Recommendation: Council receive and file Phase Two of the City of
Atascadero Marketing Plan as proposed by TJA Advertising and Mental
marketing. [City Manager]
City Manager Rachelle Rickard Introduced Mark Elterman & John Sorgenfrei who gave
a summary of their efforts on behalf of the City (Exhibit B).
PUBLIC COMMENT:
The following citizens spoke on this item: Amar Sohi
Mayor O'Malley closed the Public Comment period.
The City Council received and filed this report.
COUNCIL ANNOUNCEMENTS AND REPORTS:
The City Council Members made brief announcements.
Atascadero City Council
September 10, 2013
Page 5 of 6
ITEM NUMBER: A - 1
DATE: 09/24/13
D. COMMITTEE REPORTS:
Manor O'Malley
1. SLO Council of Governments (SLOCOG) — Continuing to work on Transit
System.
Mavor Pro Tem Sturtevant
1. League of California Cities — Council Liaison — Mayor Pro Tem Sturtevant
announced that he and Council Member Moreno, City Manager Rachelle
Rickard, City Clerk Marcia Torgerson and Fire Chief Kurt Stone will be
attending the League of California Cities' Annual Conference next week in
Sacramento.
Council Member Fonzi
1. Air Pollution Control District — Last meeting was contentious. They dealt with
the dust rule for the Oceano Dunes.
E. INDIVIDUAL DETERMINATION AND / OR ACTION: None
F. ADJOURNMENT
Mayor O'Malley adjourned the meeting at 9:24 p.m.
MINUTES PREPARED BY:
Marcia McClure Torgerson, C.M.C.
City Clerk / Assistant to the City Manager
The following exhibit is available for review in the City Clerk's office:
Exhibit A — Handout for Grape Encounters by David Wilson
Exhibit B — Agency Marketing Report from John Sorgenfrei and Mark Elterman
Atascadero City Council
September 10, 2013
Page 6 of 6
Atascadero City Council
Staff Report — City Manager's Office
ITEM NUMBER: A-2
DATE: 09-24-13
Directing Staff of the Charles Paddock Zoo to Proceed with the
Association of Zoos and Aquariums (AZA) Accreditation Process
RECOMMENDATION:
Council adopt the Draft Resolution authorizing staff to proceed with the Association of
Zoos and Aquariums (AZA) Accreditation Process.
DISCUSSION:
One of the primary goals adopted by the City Council at the City's annual strategic
planning process was to promote the Atascadero Lake Park, Pavilion, Veterans
Memorial and Zoo as an Event Center. The Charles Paddock Zoo is currently an AZA
accredited facility. Keeping the accreditation active keeps an active and vibrant zoo in
our community.
In addition, having the Charles Paddock Zoo accredited by the AZA provides a publicly
recognized badge signifying excellence in and commitment to animal care,
conservation and education. Accreditation increases eligibility for grants, promotes
professional recognition from the top zoological parks and aquariums in the United
States and provides impartial evaluation on a periodic basis by professional colleagues.
It promotes excellence within the institution by causing an institution to continuously
evaluate itself and provides staff an invaluable opportunity to learn from other
institutions. Accreditation fosters staff and community pride and significantly improves
the ability to attract and retain a high quality, profession staff.
As part of the new accreditation application, we are required to have authorization from
the City Council to proceed.
FISCAL IMPACT: None.
ATTACHMENTS: Draft Resolution
ITEM NUMBER: A-2
DATE: 09-24-13
DRAFT RESOLUTION
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
DIRECTING STAFF OF THE CHARLES PADDOCK ZOO
TO PROCEED WITH THE ASSOCIATION OF ZOOS &
AQUARIUMS (AZA) ACCREDITATION PROCESS
WHEREAS, the Charles Paddock Zoo is an Association of Zoos and Aquariums (AZA)
accredited facility and has been recognized by the AZA as maintaining high standards in animal
care, conservation, education and operations; and,
WHEREAS, the Charles Paddock Zoo operates based on philosophies and practices
considered to be modern best practices of the profession; and,
WHEREAS, the Charles Paddock Zoo maintains wildlife under the direction of a highly
professional staff, provides its animals with all due care and exhibits them to the public in an
aesthetically pleasing manner on a regular basis; and,
WHEREAS, the primary mission of the Charles Paddock Zoo is the conservation,
preservation and exhibition of all of the animals in its care in an educational and scientific
manner; and,
WHEREAS, the Charles Paddock Zoo is an integral part of the community;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero that
we hereby approve the submission of the 2013 Charles Paddock Zoo Application to the
Association of Zoos and Aquariums, and direct Zoo staff to proceed with the accreditation
process. Furthermore, we hereby grant full authority to the City Manager and/or the Zoo Director
to initiate and complete said accreditation application process and procedures in the future as
may be required.
PASSED AND ADOPTED at a regular meeting of the City Council held on the day of ,
2013.
On motion by and seconded by the foregoing Resolution is
hereby adopted in its entirety on the following roll call vote:
ITEM NUMBER: A-2
DATE: 09-24-13
AYES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
Tom O'Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
Atascadero City Council
Staff Report - Community Department
ITEM: B-1
DATE: 9_24-13
PLN 2011-1417 / ZCH 2011-0163
2007 - 2014 Housing Element
Implementation of Program and Policies
(City of Atascadero)
RECOMMENDATIONS:
Planning Commission Recommends:
1. City Council introduce Draft Ordinance A for first reading, by title only, to approve
PLN 2011-1417 (Zone Text Change ZCH 2011-0163), Housing Element
Implementation Programs and Residential Code modifications; and,
2. City Council introduce Draft Ordinance B-1 for first reading, by title only, to
approve PLN 2011-1417 (Zone Text Change ZCH 2011-0163) approving an
emergency shelter ordinance in a site specific location with an optional meal
program as a Conditional Use Permit (CUP); and,
The Council has requested the following alternative ordinance be prepared for
consideration:
3. City Council introduce Draft Ordinance B-2 for first reading, by title only, to
approve PLN 2011-1417 (Zone Text Change ZCH 2011-0163) approving an
emergency shelter ordinance in a site specific location and allow for an open
meal program as a "by right" use subject to standards within the proposed draft
ordinance; and,
Planning Commission Recommends:
4. City Council introduce Draft Ordinance C for first reading, by title only, to approve
PLN 2011-1417 (Zone Text Change ZCH 2011-0163), introduction of a Single
Room Occupancy Unit (SRO) ordinance.
ITEM: B-1
DATE: 9_24-13
If the City Council adopts Draft Ordinance B-1, Staff recommends the City Council
provide direction on the following items:
5. Direct Staff to utilize city funds for a Conditional Use Permit (CUP) fee for an
open meal program if the council adopts draft Ordinance B-1.
6. Direct Staff to allow ECHO to continue the open meals program until a final
decision is made on the conditional use permit.
Staff Recommends Council:
7. Specify that the masonry wall at the rear of the ECHO property must be
completed within 12 -months of the approval of the ordinance.
REPORT -IN -BRIEF:
The City Council held a public hearing on proposed zone text changes amendments on
August 13, 2013 as a part of the City's Housing Element Implementation. The City
Council reviewed information presented by Staff and took testimony regarding the draft
ordinances revisions. The City Council comments focused primarily on the proposed
Emergency Shelter Ordinance, specifically, the allowance of a meal program either by
right within the ordinance or as a Conditional Use Permit (CUP). The City Council took
public comment, which included numerous public comments including speakers from EI
Camino Homeless Organization (ECHO) and concerned neighbors over the proposed
emergency shelter location and existing meal program.
Based on the Council direction, Staff has revised the proposed draft ordinances and
created an alternative Emergency Shelter ordinance that would allow the open meal
program as a "by right" use. Due to the complexity of issues, the proposed ordinance has
been split into three separate ordinances that can be acted on independently.
The following is summary of the proposed ordinance for consideration:
Draft Ordinance A — No content changes from 8/13/13 Hearing
The proposed Zoning Ordinance Text Amendments to portions of Title 9, Planning and
Zoning consist of both revisions to existing code and introduction of new ordinances to
implement the City's Housing Element. In addition, City Staff is proposing to implement
common sense reform to the City residential portion of the Zoning Ordinance. The
following is a summary of the proposed text amendments:
1. Amend the City's Density Bonus Law for consistency with State Requirements.
This would provide a clear process for developers to propose affordable density
bonus projects and to receive State required incentives from the City.
ITEM: B-1
DATE: 9-24-13
2. Amend Commercial Retail (CR), Commercial Professional and Commercial
Neighborhood (CN) to allow vertical residential multi -family uses on 2nd floors and
above as conditional uses. The ability to establish a horizontal mixed-use subject
to a Planned Development and General Plan Amendment remains the unchanged.
3. Amend the Residential Multi -Family -10 (RMF -10) zone to establish a minimum
density requirement of 2 units / acre, similar to the RMF -20 zone and RMF density
clarifications.
4. Establish an ordinance to provide reasonable accommodations to afford disabled
persons equal access to residential units. This would allow staff to approve
handicapped accessibly improvements that conflict with zoning requirements.
5. Reformate the residential land use descriptions, permitted uses, conditionally
permitted uses, and zoning ordinance definitions into a table format. This will
improve code consistency and simplification of the City's Residential Zoning
Ordinance for ease of use and common sense reform.
Draft Ordinance B-1 — New Ordinance Text Proposed
Emergency Shelter with Meal Program conditional use permit requirement
This proposed draft ordinance is required to comply with SB -2, permitting an emergency
shelter ("homeless shelter") in a site specific location and define transitional and supportive
housing in residential zones. The Planning Commission has recommending that the
existing ECHO shelter be identified as the City's emergency shelter site. (Note:
Emergency Shelter is the State's official term for overnight shelters that are commonly
referred to as "homeless shelter". The term does not refer to a locally declared
emergency.)
This draft ordinance (see Attachment 6) includes language that would allow an open meal
program to operate under a Conditional Use Permit (CUP), consistent with the Planning
Commission's recommendation. The CUP option would give the City enforceable
conditions that oversee the meal program's operation and separates this function from the
"by -right" operation of the emergency shelter. Adoption of the CUP by the Planning
Commission would be required for the meal program to continue in the future. City Staff
would work with ECHO to bring a CUP to the Planning Commission as quickly as possible.
The City Attorney has refined the overall language and format of the ordinance to improve
its clarity and implementation.
Draft Ordinance B-2— New Ordinance Text Proposed
Emergency Shelter with "by -right" Meal Program t
This draft ordinance includes the SB -2 language similar to draft Ordinance B-1, however
includes provisions for an open meal program under the operation standards of the
ordinance. This language would be codified in the municipal code, and if adopted, can be
modified through an ordinance amendment at any time by the City Council.
City Attorney Analysis of Meal Program Options
ITEM: B-1
DATE: 9_24-13
The City Attorney has reviewed the proposed Emergency Shelter ordinances and offers
the following analysis with respect to enforcement remedies under each ordinance.
City Attorney Analysis: Ordinance 8-1: Meal Program with a conditional use permit
This ordinance gives Council the option to approve the Emergency Shelter Ordinance and
allow for the continuation of the meal program through an approved Conditional Use
Permit (CUP). The following is a summary of the legal enforcement mechanisms that
would be available under this option.
The primary distinction between a "conditional" use and a "by right" use is that the
conditionally permitted use may be revoked or modified by the City following notice and a
public hearing. This administrative process is controlled by the City and can be done
relatively quickly and inexpensively in comparison to a civil abatement or criminal violation
lawsuit. The modification process allows for amendments to the conditions of approval
through a resolution rather than having to adopt an ordinance, which would be the process
to change the operating standards of a permitted use. Alternatively, if the CUP were
revoked in such a proceeding, the burden would fall on the operator to challenge the
validity of the revocation proceeding in court, and the evidentiary burden (substantial
evidence) is very favorable to the City. As such, it is an effective compliance tool and is
the primary reason why certain uses that are more likely to result in potential impacts on
adjacent properties are conditionally permitted rather than permitted by right.
Both the approval and revocation of a CUP requires that certain findings of fact are made.
The key CUP finding will be the following neighborhood compatibility finding:
The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety or welfare of the general public or persons residing
or working in the neighborhood of the use, or be detrimental or injurious to property
or improvements in the vicinity of the use.
So long as ECHO operates the meal program consistent with the neighborhood
compatibility finding, they would be entitled to continue the use.
The revocation or modification of a CUP, however, is typically a last resort option after
other enforcement remedies have failed to gain compliance. Typically, if voluntary
compliance is not achieved following written notice of a violation and possibly a meeting
with the permittee, the City could use the administration citation process available under
Chapter 2 of Title 12 of the Municipal Code. Progressive fines starting at $100 for a first
violation, $200 for a second violation of the same provision, and $500 for each additional
violation of the same provision could be issued until compliance is achieved.
Another enforcement remedy available is a nuisance abatement proceeding under Section
9-8.107 of the Municipal Code. This process is similar to a CUP revocation proceeding in
that is handled administratively through a notice and public hearing process. These
proceedings are typically used when there is a physical condition on the property that is
ITEM: B-1
DATE: 9_24-13
causing a public nuisance, as any resulting abatement order allows the City to enter on to
the property (after obtaining a court order) and to correct the violation. Where, as here,
the potential nuisance issues are more likely to result from the operation of the shelter, this
remedy may not be appropriate.
Finally, a violation of the operating standards in the proposed ordinance could also be
pursued as a criminal violation under Chapters 3 and 4 of Title 1 of the Municipal Code or
in a civil suit under public nuisance laws. The time and costs involved of such
proceedings, however, generally make either one a remedy of last resort.
The Council also has the option to add term limits to the CUP. Term limits (i.e. 3 -5 year
initial term) trigger an automatic renewal hearing process, where the Planning Commission
would have the choice to reapprove the CUP or discontinue the use.
City Attorney Analysis: Ordinance 8-2: Meal Program as a "by right" use
This ordinance gives Council the option to approve the Emergency Shelter Ordinance and
allow for the continuation of the meal program as a "by right" use. The following is a
summary of the legal enforcement mechanisms that would be available under this option.
If the Council were to adopt this proposed ordinance, all of the remedies noted above
(i.e., administrative citation, administrative nuisance abatement, criminal or civil lawsuit)
would be available except for the ability to modify or terminate the use through a permit
modification or revocation proceeding. This is a significant drawback. In order to
modify a permitted zoning use, an ordinance would need to be prepared for
consideration by the Planning Commission at a public hearing, followed by a public
hearing before the City Council, and then a second reading of the ordinance. This
process would take at minimum several months to complete. Similarly, in order to
terminate the use, the City Council would have to adopt an ordinance amending the
Zoning Code to eliminate the meal program as a permitted use (after it is first
considered and recommended by the Planning Commission). In addition, the Council
would likely also need to adopt an amortization schedule that would allow the resulting
non -conforming use to continue for a certain period until it is permanently phased out.
(This process is followed so that the owner or operator of a permitted use cannot claim
that the termination of such use has resulted in a "taking" of a property right).
In short, if there are concerns about compliance with the proposed operating standards
and potential impacts on nearby properties or the community from the proposed meal
program, then establishing the meal program as a permitted use would take away one
of the most important land use tools available — the power of administrative modification
or revocation of the use.
Draft Ordinance C— No content changes from 8/13/13 Hearing
This draft ordinance allows for the development of Single Room Occupancy (SRO) units in
the Commercial Retail (CR) Residential Multi -Family (RMF) zone subject to a CUP.
ITEM: B-1
DATE: 9_24-13
The following table summarizes the proposed amendments to the Municipal Code. The
table provides a summary of the issues, proposed amendment to the code section and
the reasoning behind the amendment. A detailed synopsis is found in the analysis
section of this staff report.
ITEM: B-1
DATE: 9-24-13
Exhibit A - Report In Brief
Item
Existing Code Section
Issues / New Ordinance
Proposed Amendments
9-3.103 Overlay districts established.
Add additional overlay for emergency shelters,
9-3.103 Overlay districts established.
Overlay districts intended to protect public safety and
consistent with the City's Housing Element and
Overlay districts intended to protect public safety and the
the environment and to preserve scenic, cultural and
SB -2 Implementation
environment and to preserve scenic, cultural and historic
historic resources are established as follows:
resources are established as follows:
(a) Overlay districts:
(a) Overlay districts:
(1) Flood Hazard—FH;
(1) Flood Hazard—FH;
(2) Geologic Hazard—GH;
(2) Geologic Hazard—GH;
(3) Historic Site—HS;
(3) Historic Site—HS;
(4) Sensitive Resource—SR;
(4) Sensitive Resource—SR;
(5) Planned Development—PD. (Ord. 68
(5) Planned Development—PD. (Ord. 68 § 9-
§ 9-3.103, 1983)
3.103, 1983)
(6) Emergency Shelters — ES 19-3.901)
2.
Article 3 — RS (Residential Suburban) Zone
Proposed revision of section to make it easier to
Proposed complete revision of Article 3. Proposed to be titled
find allowed / conditionally allowed uses and
Article 3 — Residential Zoning Districts. Section to include
addition of use table that combines all uses for all
all residential lot size standards and provide a use table in
residential zones in one location. This section will
section 9-3.180.
now include all residential uses.
3.
Article 4 — RSF (Residential Single Family) Zone
Proposed revision of this section to eliminate and
Eliminate all text in section and move lot size standards to
combine with a revised Article 3.
Article 3 and move allowed uses / conditionally allowed uses
into a new use table in section 9-3.180.
4.
Article 5 — LSF (Limited Single Family) Zone
Proposed revision of this section to eliminate and
Eliminate all text in section and move lot size standards to
combine with a revised Article 3.
Article 3 and move allowed uses / conditionally allowed uses
into a new use table in section 9-3.180.
5.
Article 6 — RMF (residential Multi -Family Zone
Proposed revision of this section to eliminate and
Eliminate all text in section and move lot size standards to
combine with a revised Article 3.
Article 3 and move allowed uses / conditionally allowed uses
into a new use table in section 9-3.180.
6
9-3.175 Density
Housing element contains policies to preserve
9-3.47-5173 Density — RMF Zone.
The maximum allowable density in the Residential
multi -family housing zones. Proposed minimum
The maximum allowable density in the Residential Multiple
Multiple Family Zone shall be designated on the
dwelling units for RMF -10 zone, similar to RMF-
Family Zone shall be designated on the official zoning maps
ITEM: B-1
DATE: 9-24-13
Item
Existing Code Section
Issues / New Ordinance
Proposed Amendments
official zoning maps as provided by Section 9-
20. Also provide clarification to the maximum
as provided by Section 9-3.104(c) and be established +e
3.104(c).
amount of RMF units in the RMF -20 zone per City
asserdaase consistent with the general plan as follows:
Council direction.
(a) Areas Designated Low Density Multiple Family
Residential. The minimum number of dwelling
units per net acre is two (21. The maximum
number of dwelling units per net acre is ten (10).
(b) Areas Designated High Density Multiple Family
Residential. The minimum number of dwelling units
per net acre is twenty (20). The maximum number
of dwelling units per net acreis twenty-four
(24A.
7.
9-3.175 Density
Eliminate this section as it no longer is an allowed
Proposed section elimination.
(d) Group Quarters. The maximum population
use in the RMF Zone.
density for group quarters shall be as follows:
$
Density Bonus:
Density bonus section needs revision based on
Density Bonus. A density bonus may be granted, subject to
(c) Density Bonus. A density bonus may be
State Housing Law. Proposed elimination of this
approval by the City Council through a master plan of
granted, of up to thirty-five percent (35%)
section and create a new Article for State Density Bonus regulations.
development (CUP), consistent with section 9-3.801
through 9-3.806. ,14) may be
may be granted through conditional use
permit approval in exchange for provision of
granted through nonditional use permit approval in evnhanne
the following in accordance with
Government Code Section 65915:
Code Sep-AKAM 6-594-5:
(1) Ten percent (10%) of the base density
( „I) rep peYn en+ (10%) of the base deps,+„ , p;+�
units for very low-income households;
fpr veru In,ni_innnme hni irohnlrJc•
(2) Twenty percent (20%) of the base
(5) Twenty °'�)o' the base density
density units for low-income
Percen#T20
fAr 'AW
households; or,
Gift„ nernen+ (�.n0/ ) of the hxe density, ini+c
(6)
(3) Fifty percent (50%) of the base density
fpr m„,+er,+e .n
ITEM: B-1
DATE: 9-24-13
Item
Existing Code Section
Issues / New Ordinance
Proposed Amendments
units for moderate income seniors.
9.
9-3.203 Conditional uses — Commercial
Addition of multi -family uses in this zone
The following uses may be allowed in the Commercial
Neighborhood Zone
consistent with General Plan and Housing
Neighborhood Zone. The establishment of conditional uses shall
Element. Addition of "artisan shops" for code
consistency and revised land use definitions.
be as provided by Section 9-2.110 (conditional use permits):
(e) Eating and drinking places with drive-through
facilities. (Ord. 473 § 2, 2005; Ord. 287 § 2, 1995;
Ord. 68 § 9-3.203, 1983);
(f) Multi -Family Dwelling, when located on the 2nd
floor or above:
(g) Artisan Shop
10.
9-3.212 Allowable uses — Commercial
Addition of artisan shop and day care definitions
The following uses shall be allowed in the Commercial
Professional Zone
for code consistency.
Professional Zone. The establishment of allowable uses shall be
as provided by Sections 9-2.108 and 9-2.109:
(x) Schools (see Section 9-6.125);
(y) Utility service center;
(z) Business and vocational schools. (Ord. 547 § 2,
2009; Ord. 300 § 2(1), 1996; Ord. 281 § 2, 1994;
Ord. 68 § 9-3.212, 1983)
(aa) Day Care (see section 9-6.1251
(bb) Artisan Shoas
11.
9-3.212 Conditional uses — Commercial
Addition of multi -family uses in this zone
The following uses may be allowed in the Commercial
Professional Zone
consistent with General Plan and Housing
Professional Zone. The establishment of conditional uses shall
Element.
be as provided by Section 9-2.110;
(j) Furniture, home furnishings and equipment, where
areas of use are greater than two thousand five
hundred (2,500) square feet per store. (Ord. 547 §
ITEM: B-1
DATE: 9-24-13
Item
Existing Code Section
Issues / New Ordinance
Proposed Amendments
2, 2009; Ord. 473 § 2, 2005; Ord. 75 § 2 (2), 1984;
Ord. 68 § 9-3.213, 1983)
(k) Multi -Family Dwelling, when located on the 2nd
floor or above:
12.
9-3.222 Allowable uses — Commercial Retail
Modifications for consistency with revised land
(z) Hotels and motels;
Zone
use descriptions.
(aa) Skilled nursing 4G44 Medical Extended Care
Services (see Section 9-6.134);
(bb) Bed and breakfast;
(cc) Retirement hetes Residential Care Facility for the
Elderly (RCFE►;
(dd) Funeral services;
(ee) Schools (see Section 9-6.125);
(ff) Utility service center;
(gg) Libraries and museums;
(hh) Temporary events (see Section 9-6.177);
(ii) Sexually oriented businesses (see Chapter 5-10).
(Ord. 473 § 2, 2005; Ord. 364 § 2 Exh. B, 1999;
Ord. 310 § 3, Exh. B, 1996; Ord. 300 § 2 (2), 1996;
Ord. 68 § 9-3.222, 1983)
(jj) Artisan Shoa
(kk) Day Care (see Section 9-6.125
13
9-3.223 Conditional uses — Commercial Retail
Addition of multi -family uses in this zone
The following uses may be allowed in the Commercial Retail
Zone
consistent with General Plan and Housing
Zone. The establishment of conditional uses shall be as
Element, and addition of a single room occupancy
unit.
provided by Section 9-2.110 (Conditional use permits):
(s) Personal services—Restricted. (Ord. 552 § 2,
2010; Ord. 473 § 2, 2005; Ord. 364 § 2, Exh. B,
1999; Ord. 310 § 3, Exh. B, 1996; Ord. 68 § 9-
3.223, 1983)
ITEM: B-1
DATE: 9-24-13
Item
Existing Code Section
Issues / New Ordinance
Proposed Amendments
(t) Multi -Family Dwelling, when located on the 2nd
floor or above:
(u) Single Room Occupancy unit (see Section 9-
6M
14.
9-3.262 Downtown district allowable land uses
Modifications for consistency with revised land
See Attachment 4
and permit requirements
use descriptions.
15.
9-3.422 Allowable uses — Public Zone
Modifications for consistency with revised land
use descriptions.
The following uses shall be allowed in the Public Zone. The
establishment of allowable uses shall be as provided by
Sections 9-2.108 and 9-2.109:
Q) Indoor recreation services. (Ord. 308 § 2 (Exh. A),
1996; Ord. 179 § 2, Exh. A, 1988; Ord. 157 § 2,
1987; Ord. 68 § 9-3.422, 1983)
(k) Day Care (see Section 9-6.125)
16.
Addition of Article 25, Emergency Shelter Overlay
This section implements the Emergency shelter
See Attachment 5 or Attachment 6
Zone (New Section).
Overlay Zone (ES) for a site specific overnight
emergency shelter as a "by -right use" at the
existing ECHO site. Includes site design and
development standards for the operation of a
shelter.
17.
Article 29. Land Use Descriptions
This section contains descriptions of the types of
See Attachment 4
land uses which can be established in the various
zoning districts. Staff has reviewed the land use
descriptions in the residential zone and proposed
modifications to some of the descriptions to
modernize and provide definitions for uses that
exists in the code but have no definition.
18.
Article 30 Density Bonus (New Section)
This section is a new section that implements
See Attachment 4
revised state law in regards to density bonus.
19.
9-6.185 — Single Room Occupancies (New
This section has been added to implement the
See Attachment 7
City's Housing Element and State Housing law
ITEM: B-1
DATE: 9-24-13
Item
Existing Code Section
Issues / New Ordinance
Proposed Amendments
Section)
allowing the ability to build or convert structures
into single room occupancies. This section sets
up development standards for this proposed use.
20.
9-9.102 General definitions.
Added additional general definitions for
consistency with newly proposed ordinances and
revisions.
Density Bonus. A density increase over the otherwise
maximum allowable residential density under the applicable
Municipal Code ordinance and Land Use, Open Space. and
Conservation Element of the General Plan as of the date of
application by the developer to the City (Government Code
65915(D). Density Bonuses shall either be in the form of a
"State Density Bonus" as defined by Article 30 in the Chapter
3 Zoning Districts, or as specified in the Land Use. Open
Space, and Conservation Element of the General Plan for
exceptionally high design quality.
Manufactured Housing. Residential structures that are
constructed entirely in the factory. and which since June 15.
1976, have been regulated by the federal Manufactured
Home Construction and Safety Standards Act of 1974 under
the administration of the U.S. Department of Housing and
Urban Development (HUDI.
Mobile Home. A trailer, transportable in one or more
sections, that is certified under the National Manufactured
Housing Construction and Safety Standards Act of 1974,
which is over eight feet in width and 40 feet in length. is tied
down (a) to a permanent foundation on a lot either owned or
leased by the homeowner or (b) is set on piers, with wheels
removed and skirted, in a mobile home park and not
including recreational vehicle, commercial coach or facto rv-
built housing. A mobile home on a ermanent foundation is
ITEM: B-1
DATE: 9-24-13
Item
Existing Code Section
Issues / New Ordinance
Proposed Amendments
included under the definition of "Single -Family Dwellings'.
Single -Room Occupancy Unit (SR0). A structure that
provides separate, single room, residential living units with no
on -premise residential medical care. Units within the
structure may have individual bathroom facilities, shared bath
or toilet facilities for the residents. or any combination
thereof. SRO may include structures commonly called
rooming houses or boarding houses. SRO facilities shall not
be aged restricted. Age restricted SRO facilities shall be
considered a Residential Care Facility for the Elderly (RCFEI.
Supportive Housing. Housing with no limit on length of stay,
that is occupied by the clients of social services. such as
persons with medical or mental health conditions, and that is
linked to on- or of- side services that assist the supportive
housing resident in retaining the housing, improving his or
her health status, and maximizing his or her ability to lie in
and, when possible, work in the community, where no on-site
medical care is provided. This definition excludes housing
for halfway houses intended for occupancy by parolees or
convicted persons, children's homes, halfway houses.
rehabilitation centers, and self-help group homes.
Transitional Housing. Buildings configured as rental
housing developments, but operated under program
requirements that call for the termination of assistance and
recirculation of the assisted unit to another eligible program
recipient at some predetermined future point in time which
ITEM: B-1
DATE: 9-24-13
Item
Existing Code Section
Issues / New Ordinance
Proposed Amendments
shall be no less than six months (Health and Safety Code
50675.2(h)). This definition excludes housing for halfway
houses intended for occupancy by parolees or convicted
persons, children's homes, halfway houses, rehabilitation
centers, and self-help group homes.
21.
Chapter 13 - Reasonable Accommodations (New
Section)
This section implements State Housing Law and
other federal housing relations.
See Attachment 4
SITUATION AND FACTS:
1. Applicant:
2. General Plan Designation
3. Zoning District:
4. Environmental Status
DISCUSSION:
ITEM: B-1
DATE: 9_24-13
City of Atascadero
Citywide
Citywide
Exempt from CEQA (Section 15061.(3) Review
for Exemption; not a project)
Background:
In February of 2011, the City Council adopted the 2007-2014 Housing Element, one of
the seven required elements that comprise the City's General Plan. The State of
California certified the Housing Element in spring of 2011. The Housing Element
requires the City to set goals, policies, and programs to address the community's
housing needs. The State's Regional Housing Needs Allocation (RHNA) process,
implemented by the San Luis Obispo Council of Governments (SLOCOG) determines
how much housing must be planned for during the 2007-2014. The City determines
where to plan for new housing to accommodate anticipated growth.
The Housing Element contains policies to adopt new ordinances and modify sections of
the Zoning Ordinance for consistency with State Housing Law. City staff has been
collaborating with the City's consultant, Lisa Wise Consulting (LWC), on various
strategies in implementing State Housing Law and its effects on the City's residents,
business, and other interested groups.
In March of 2013, City Staff held a Planning Commission workshop to discuss four (4)
policies from the Housing Element that the City would need to adopt, as well as review
the City Council's Affordable Housing Policy. In addition, Staff discussed minor code
text amendments pertaining to housing within the City. Per the direction from the
Planning Commission, Staff has worked with its consultant, Lisa Wise Consulting (LWC)
to prepare amendments to the City's Zoning Ordinance.
The Planning Commission held a public meeting in regards to the proposed ordinance
changes on June 18, 2013. The Planning Commission received public comments and
voted 4-0 recommending approval of the proposed ordinances with no modifications to
Staff's proposed revisions and additional to the Zoning Ordinance.
The City Council held a public hearing in regards to the proposed ordinance changes on
August 13, 2013. The City Council took public testimony and asked questions of Staff in
regards to the meal program and SB -2. Based on the public testimony and Council
ITEM: B-1
DATE: 9_24-13
questions, Council moved to continue this item for further clarification and revisions from
Staff.
Analysis:
Draft Ordinance A
1. Amendment to the City's existing Density Bonus Law
The City of Atascadero adopted the State Density Bonus as a part of its 1983 Zoning
Ordinance adoption after incorporation. The State Density Bonus was enacted in 1979
by the State Legislature to encourage cities to offer bonuses and incentives to housing
developers that will "contribute significantly" to the economic feasibility of lower income
housing in proposed developments. The Density Bonus Law rewards a developer who
agrees to build a certain percentage of low-income housing with the opportunity to build
more residences than would otherwise be permitted by the City's Zoning Ordinance.
The best example of the use of the City's Density Bonus Ordinance is Dove Creek. The
City's General Plan identified the maximum density for the project at 200 units. The
applicants were granted a 35% density bonus above the base density (a total of 70
more units) for providing 10% of the base density units as 30 -year deed restricted very -
low income units (20 units total). The total units developed at Dove Creek were 279
residential units (an additional 9 units were given as a bonus for exceptionally high
quality design, consistent with the City's General Plan). Of these, 259 units were market
rate, 20 units were deed restricted affordable units, with the developer afforded an
additional 59 market rate units above the maximum of 200 units. Currently, 8 units have
been constructed, with an additional 4 units under construction and the remaining to be
developed over the next two years.
To further streamline the development of affordable housing, major overhauls of the
State Density Bonus were enacted in 2002 (SB 1818) and 2008 (AB 2280). These
streamlines provide additional relief from development Standards in the Zoning
Ordinance and new calculations for the percentage of affordable housing units required
to be tied to the amount of density bonus received. The City has not revised its
ordinance to reflect these changes in State Housing Law.
The following amendments to the Zoning Ordinance include the following for
consistency with State Housing laws:
• A minimum number of units in order to qualify for the density bonus (existing
ordinance has no minimum);
• A greater percentage of bonus units for the inclusion of deed restricted very low
income housing;
• Flexibility or relief from certain zoning standards to construct affordable housing
units such as parking demand reduction, setback reductions, etc.
• Provide the ability to waive certain zoning code requirements with Planning
Commission approval;
ITEM: B-1
DATE: 9-24-13
• Provide an application process for the Density Bonus.
In addition to the revised density bonus ordinance, Staff is proposing a definition of
"density bonus" to be codified in the definitions section of the City's Zoning Ordinance
(section 9-9.102). This will properly define what a density bonus is, and provide clarity of
the two types of density bonuses available.
Proposed Text Change:
9-3.14J 172 Density — RMF Zone.
The maximum allowable density in the Residential Multiple Family Zone shall be designated on
the official zoning maps as provided by Section 9-3.104(c) and be os*a� in aceor- ante
consistent with the general plan as follows:
(f) Density Bonus. A density bonus may be granted, subject to approval by the City Council
through a master plan of development (CUP), consistent with section 9-3.801 through (35%) may be granted through eonditional tise pefmit
Code Sectionn 65915:
(7) Ten per-eent 0
) of the base density units f6t! very low income households;(8) Twenty per-eent 0
) of the base density tmits f6r- low ineome hotiseholds; of,
(9) Fifty y opt (501%) of the base density nits for- ,oder to ineeme senior -s.
Article 30. Density Bonus
9-3.801 Purpose.
The purpose of this Section is to comply with State density bonus law (California Government Code (GC)
Section 65915-65918), by providing increased residential densities for projects that guarantee that a
portion of the housing units will be affordable to very low-, low-, or moderate -income households, senior
citizens, or include child care facilities.
(a) Projects that utilize the density bonus are not required to implement the City's Inclusionary
Housing Policy or other inclusionary housing ordinance in effect at the time of issuance of
building permit.
9-3.802 Applicability.
The Drovisions of this Section aDDly to the construction of five (5) or more housing units as a Dart of an
tentative subdivision map, master plan of development (conditional use permit) or other development
application that satisfy one or more of the following criteria:
(a) At least 10 percent of the units are designated for low-income households.
(b) At least five percent of the units are designated for very low-income households.
(c) 100 percent of the units are designated for senior citizens as defined in Section 51.3 and 51.12 of
the Civil Code or mobile home park that limits residency based on age requirements for housing
for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.
ITEM: B-1
DATE: 9-24-13
(d) At least 10 percent of the units in a common interest development are designated for moderate -
income households, provided that all units in the development are offered to the public for
purchase.
9-3.803 Calculating the density bonus.
The density bonus shall be calculated as shown in the table below for very low-, low-, and moderate -
income households. For housingdevelopments meeting the criteria of section 9-3.802(c), the density
bonus shall be 20 .percent of the total number of senior housing units. All density calculations resulting in
fractional units shall be rounded consistent with the City's Municipal Code section 9-1.109.
Percentage of Affordable Units and Corresponding Density Bonus
Very Low -Income Households Earning
< 50% AMI
Low -Income Households Earning
< 80% AMI
Moderate -Income 120% AMI
Persons/Families in Common Interest
Develo meat'
Very Low-
Income Units
Percentage of
Density Bonus'
Low -Income Units
Percentage of
Density Bonus'
Moderate -Income
Units
Percentage of
Density Bonus'
5%
20.0%
10%
20.0%
10%
5.0%
6%
22.5%
11%
21.5%
11%
6.0%
0 °
25.0%
12%
23.0%
12%
7.0%
8%
27.5%
13%
24.5%
13%
8.0%
0 °
30.0%
14%
26.0%
14%
9.0%
10%
32.5%
15%
27.5%
15%
10.0%
0 °
35.0%
16%
29.0%
16%
11.0%
17%
30.5%
17%
12.0%
18%
32.0%
18%
13.0%
19%
33.5%
19%
14.0%
20%
35.0%
20%
15.0%
21%
16.0%
22%
17.0%
23%
18.0%
24%
19.0%
25%
20.0%
26%
21.0%
27%
22.0%
28%
23.0%
29%
24.0%
30%
25.0%
31%
26.0%
32%
27.0%
33%
28.0%
34%
29.0%
35%
30.0%
36%
31.0%
37%
32.0%
38%
33.0%
39%
34.0%
ITEM: B-1
DATE: 9-24-13
40%
' Density bonus is above the highest range of base density.
(a) A proposal for the waiver or reduction of development standards pursuant to this subsection shall
neither reduce nor increase the number of developer incentives to which the applicant is entitled
pursuant to section 9-3.804(bl.
(b) Grounds for denial. In accordance with Government Code Section 65915(e), the City ma�deny
an applicant's request to waive or modify the City's development standards in any of the
following circumstances:
(1) The application does not conform with the requirements of this Section or GC Section 65915-
65918.
(2) The applicant fails to demonstrate that the City's development standards physically preclude
the utilization of a density bonus on a specific site. The City's Design Review Committee or
Planning Commission shall make the appropriate finding_
(3) The waiver or reduction would have a specific, adverse impact, as defined in Government
Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and there is no
feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(4) The waiver or reduction would have an adverse impact on any real property that is listed in
the California Register of Historical Resources.
(5) The waiver or reduction would be contrary to State or Federal law.
9-3.804 Application procedure.
An application for a density bonus, developer incentive, or waiver or modification of development
standards shall include the following information:
(a) Site Plan
(b) Preliminary Architectural Elevations
(c) Preliminary Floor Plans
(d) Preliminary Landscaping Plan
(e) The total number of base units;
(f) The number and location of proposed affordable housing units;
(g) The specific developer incentive(s) sought, if any;
(h) The specific waiver or modification to development standards sought, if any;
(i) If seeking a developer incentive, documentation regarding the necessity of the developer
incentive in order to provide affordable housing costs or rents;
(j) If seeking a waiver or modification of development standards, documentation regarding the
necessity of the waver or modification, including documentation demonstrating that the City's
development standards physically preclude the utilization of a density bonus;
(k) If requesting a density bonus based on land donation in accordance with Government Code
Section 65915(8), information sufficient to permit the City to determine that the proposed
donation conforms with the requirements of Section 65915 and this Code; and
(1) If requesting a density bonus based on the provision of a child day care facility in accordance
with Government Code Section 65915(h), the application must:
(1) Provide the location of the proposed child day care facility and the proposed operator;
ITEM: B-1
DATE: 9-24-13
(2) Agree to operate the child day care facili _ for a period of time that is as long as or longer
than the period of time during which the density bonus units are required to remain
affordable;
(3) Agree to have contracted with a child day care facility operator for operation of the child day
care facility before the first building permit is issued; and
(4) Agree that the child day care facility will be in operation when the first certificate of
occupancy is issued.
(m)Number of developer incentives. The number of developer incentive shall be in
compliance with Table as shown below:
Number of Developer Incentives
Number o 'Develo erincentives
Set Aside Units
Very L ow -In com e
Units
Low -Income Units Moderate -Income Units in Common Interest
Develo mems
1
5%
10% 10%
2
10%
20% 20%
3
15%
30% 30%
' Common interest development includes common interest developments of or in a planned development as damned in Subdivision (k) of Section
1351 of the Civil Code that are offered to the public for purchase.
(n) Developer incentives defined. For the purposes of this Section, concession or incentive
means any of the following that results in identifiable, financially sufficient, and actual
cost reductions:
(1) Reduced site development standards
(2) Modified zoning code
(3) Architectural design _ requirements that exceed the minimum building standards
approved by the California Building Standards Commission as provided in Part 2.5
(commencing with Section 18901) of Division 13 of the Health and Safety Code
(4) A reduction in setback requirements
(5) Reduction of vehicular parking standards
(6) Approval of mixed-use zoning if commercial, office, industrial, or other land uses
will reduce the cost of the housing development and if the commercial, office,
industrial, or other land uses are compatible with the housing, project and the existing
or planned development in the area;
(7) Other regulatory __ developer incentives proposed by the developer;
(8) Other regulatory - developer incentives proposed by the City.
9-3.805 Waivers and modifications of development standards.
(a) Proposal. In accordance with Government Code Section 65915(e), an applicant may
propose a waiver or modification of development standards if it would physically
preclude the construction of a development project under the criteria section 9-3.802 at
the densities or with the developer incentives permitted by this Section. A waiver or
modification of standards shall be reviewed by the City's Design Review Committee and
qpproved by the Planning Commission and/or City Council.
(b) A proposal for the waiver or reduction of development standards pursuant to this
subsection shall neither reduce nor increase the number of developer incentives to
which the applicant is entitled pursuant to section 9-3.804(b).
ITEM: B-1
DATE: 9-24-13
(c) Grounds for denial. In accordance with Government Code Section 65915(e), the City
may deny an applicant's request to waive or modify the City's development standards in
any of the following circumstances:
(1) The application does not conform with the requirements of this Section or GC Section
65915-65918.
(2) The applicant fails to demonstrate that the City's development standards ph, shy
preclude the utilization of a density bonus on a specific site. The City's Design
Review Committee or Planning Commission shall make the appropriate finding_
(3) The waiver or reduction would have a specific, adverse impact, as defined in
Government Code Section 65589.5(d)(2), upon health, safety, or the physical
environment, and there is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact.
(4) The waiver or reduction would have an adverse impact on any real property that is
listed in the California Register of Historical Resources.
(5) The waiver or reduction would be contrary to State or federal law.
9-9.102 General definitions.
Densitv Bonus. A densitv increase over the otherwise maximum allowable residential densitv under the
applicable Municipal Code ordinance and Land Use, Open Space, and Conservation Element of the
General Plan as of the date of application by the developer to the City (Government Code 65915(1)).
Density Bonuses shall either be in the form of a "State Density Bonus" as defined by Article 30
in the Chapter 3, Zoning Districts, or as specified in the Land Use, Open Space, and
Conservation Element of the General Plan for exceptionally high design_quality.
Draft Ordinance A
2. Mixed Use Multi -Family Residential in Commercial Zones
The Planning Commission recommended to Staff to allow for multi -family residential in
the commercial zone as a conditionally permitted use that is consistent with the City's
Housing Element. This proposed Zone Text amendment would allow residential multi-
family residential uses on the second floor in the Commercial Retail (CR), Commercial
Professional (CP) and Commercial Neighborhood (CN) zones as a conditionally allowed
use and horizontal mixed-use subject to approval of Planned Development overlay zone
and General Plan Amendment. This zone text change allows for consistency with the
City's Zoning Ordinance, the adopted Housing Element, and the City's Land Use
section of the General Plan.
Proposed Text Change:
9-3.203 Conditional uses (CN Zone)
The following uses may be allowed in the Commercial Neighborhood Zone. The establishment of
conditional uses shall be as provided by Section 9-2.110 (conditional use permits):
(a) Service stations (see Section 9-6.164);
(b) Food and beverage retail sales, where areas of use are greater than two thousand five
hundred (2,500) square feet per store;
ITEM: B-1
DATE: 9-24-13
(c) General merchandise stores, where areas of use are greater than two thousand five
hundred (2,500) square feet per store;
(d) Eating and drinking places, where areas of use are greater than two thousand five
hundred (2,500) square feet per store;
(e) Eating and drinking places with drive-through facilities. (Ord. 473 § 2, 2005; Ord. 287
& 2. 1995: Ord. 68 & 9-3.203. 1983):
(f) Multi -Family Dwelling, when located on the 2nd floor or above;
9-3.213 Conditional uses (CP Zone)
The following uses may be allowed in the Commercial Professional Zone. The establishment of
conditional uses shall be as provided by Section 9-2.110;
(a) Caretaker's residence (see Section 9-6.104);
(b) Churches and related activities (see Section 9-6.121);
(c) Pipelines;
(d) Eating and drinking places with drive-through facilities;
(e) Food and beverage retail sales, where areas of use are greater than two thousand five
hundred (2,500) square feet per store;
(f) General merchandise stores, where areas of use are greater than two thousand five
hundred (2,500) square feet per store;
(g) Hotels and motels;
(h) Personal services, where areas of use are greater than two thousand five hundred (2,500)
square feet per store;
(i) Building materials and hardware, where areas of use are greater than two thousand five
hundred (2,500) square feet per store (see Section 9-6.165);
(j) Furniture, home furnishings and equipment, where areas of use are greater than two
thousand five hundred (2,500) square feet per store. (Ord. 547 § 2, 2009; Ord. 473 § 2,
2005; Ord. 75 § 2 (2), 1984, Ord. 68 § 9-3.213, 1983)
Multi-Familv Dwelling. when located on the 2nd floor or
9-3.223 Conditional uses.
The following uses may be allowed in the Commercial Retail Zone. The establishment of
conditional uses shall be as provided by Section 9-2.110 (Conditional use permits):
(a) Amusement services;
(b) Bar/tavern;
(c) Caretaker residence (see Section 9-6.104);
(d) Eating and drinking places with drive-through facilities;
(e) Service station (see Section 9-6.164);
(f) Public assembly and entertainment;
(g) Indoor recreation services;
(h) Animal hospitals (see Section 9-6.110);
(i) Auto repair and services (see Section 9-6.168);
0) Churches and related activities (see Section 9-6.121);
(k) Food and kindred products (see Section 9-6.128);
(1) Pipelines;
(m)Outdoor recreation services (see Section 9-6.123);
(n) Sports assembly;
(o) Transit stations and terminals;
(p) Kennels (see Section 9-6.111);
(q) Vehicle and equipment storage (see Section 9-6.183);
(r) Auto dealers (new and used) and supplies (see Section 9-6
(s) Personal services—Restricted. (Ord. 552 § 2, 2010; Ord. 4
Exh. B. 1999. Ord. 310 & 3. Exh. B. 1996. Ord. 68 � 9-3.2
ITEM: B-1
DATE: 9-24-13
163);
73 § 2, 2005; Ord. 364 § 2,
,3. 19831
Draft Ordinance A
3. Establishment of a minimum density in the RMF -10 Zone / RMF Zone
Clarifications.
This proposed amendment would establish a minimum required density in the
Residential Multi -Family (RMF -10) zone to preserve the limited supply of multi -family
zoned land for multi -family uses. As a part of the Housing Element adoption in 2011, the
City Council adopted a minimum 20 units to the acre for the RMF -16 zone (now RMF -
20). The density adjusts based on site topography.
By establishing a minimum, the remaining vacant sites designated RMF -10 would no
longer be allowed to place one (1) residential unit on the site. For example, if a property
owner would develop a vacant piece of property that is approximately '/2 acre in size,
the property owner would be required to develop at the minimum density established by
the zoning ordinance.
Based on Planning Commission direction, Staff has reviewed all vacant parcels that are
zoned with the RMF -10 designation that are not associated with a previous entitlement.
There are approximately eight (8) vacant parcels with this designation. The average lot
size of these parcels is less than '/2 acre. Table 1 shows the properties, their net
acreage, and their maximum density, based on 0-10% average slope, which equates to
10 units to the acre.
ITEM: B-1
DATE: 9-24-13
Table 1 -Existinq Vacant RMF -10 Parcels
Vacant APN
Net Acreage
Maximum Density (RMF -10)
029-301-047
0.26
3
030-491-019
1.06
11
056-383-038
0.33
3
056-383-021
0.37
4
030-221-025
0.20
2
031-231-003
0.52
5
029-105-014
0.45
5
030-491-020
1.00
10
In addition, the existing code provides hillside density maximums:
Table 2 - Existinq Hillside Density maximum for RMF Zone
Average Slope
Low Density Multiple Family
units/acre
High Density Multiple Family
units/acre
0-10.99%
10
20
11-15.99%
7
14
16 20.99%
5
10
21-25.99%
3
6
26 30.0%
2
4
> 30%
1
2
Based on all of these scenarios, Staff is recommending that the minimum number of
dwelling units in the RMF -10 zone be two (2) units per acre.
Staff is also proposing clarification in the code for the maximum number of RMF -20 units.
The Current code does not state the maximum, however based on the February 2011 City
Council adoption of the Housing Element, the City Council adopted the maximum amount
of units within the RMF -20 zone to be twenty-four (24) units to the acre.
Finally, based on review of the RMF standards, section 9-3.175(d) refers to "group
quarters". This use is not allowed in the RMF zone, as it is a reference to bunkhouses, and
mess halls, which is allowed in the Agriculture (A) Zone. Staff is proposing eliminating this
section of code.
ITEM: B-1
DATE: 9_24-13
Proposed Text Change:
9-3.145 172 Density - RMF Zone.
The maximum allowable density in the Residential Multiple Family Zone shall be designated on
the official zoning maps as provided by Section 9-3.104(c) and be es*,L� in aeeerd^fi^e-
consistent with the general plan as follows:
(a) Areas Designated Low Density Multiple Family Residential. The minimum number of
dwelling units per net acre is two (2). The maximum number of dwelling units per net
acre is ten (10).
(b) Areas Designated High Density Multiple Family Residential. The minimum number of
dwelling units per net acre is twenty (20). The maximum number of dwelling units per
net acre is twenty-four (24).
(d) Gfoup Quaftefs. The maximum population density f6t! gt!ottp quafters shall be as
follows!
Alaxi um Population Density
Low density ffitiltifaffli �;,ao„�;,,, 2�'zpe�'�n��zet-acre*
al
High density fnuftifam
�;.�or+;.,1 36 �e�6irsriict riEfe'k
r
(d) For Medical Extended Care Services where residents are
primarily non-ambulatory, the following maximum bed/net acre densities may be
permitted, where subject to planning commission conditional use permit approval:
RMF -10 District Thirty-four (34) beds/net acre
RMF -4-6 20 District Fifty-five (55) beds/net acre
Draft Ordinance A
4. Establishment of a Reasonable Accommodations Ordinance
Staff is proposing an ordinance that provides reasonable accommodation (i.e.
modifications or exceptions) when such accommodations may be necessary to afford
disabled persons equal access to housing. The purpose of the reasonable
accommodation ordinance is to remove constraints to the development, improvement, and
maintenance of housing for persons with disabilities.
A Reasonable Accommodation is typically an adjustment to physical design standards
(e.g., setbacks) to accommodate the placement of wheelchair ramps or other exterior
modifications to a dwelling in response to the needs of a disabled resident. This ordinance
would bring consistency with the City's Zoning Ordinance with State and Federal Housing
Law. The proposed ordinance is similar to what other jurisdictions have done in the area.
ITEM: B-1
DATE: 9-24-13
The proposed ordinance includes application procedures, defines reviewing authority (the
Community Development Director), findings to be for accommodations, and recession of
approval.
Proposed Text Change:
Chapter 13 Resewea_Reasonable Accommodations
9-13.101 Purpose
(a) Enabling legislation. This Chapter provides a procedure to request Reasonable
Accommodation for persons with disabilities seeking equal access to housing under the
California Fair Employment and Housing Act, the Federal Fair Housing Act, and the
Americans with Disabilities Act (ADA) (hereafter the Acts)in the application of zoning
laws and other land use regulations, policies, and procedures.
(b) Adjustment to physical design standards. A Reasonable Accommodation is typically an
adjustment to physical design standards (e.g., setbacks) to accommodate the placement of
wheelchair ramps or other exterior modifications to a dwelling in response to the needs of
a disabled resident.
9-13.102 Applicability
(a) Eligible applicants:
(1) A request for Reasonable Accommodation may be made by any person with a
disability, their representative or any entity, when the application of a zoninglaw aw (i.e.
development standard) or other land use regulation, policy, or practice acts as a
barrier to fair housing opportunities.
(2) A person with a disabilily is a person who has physical or mental impairment that
limits or substantially limits one or more major life activities, anyone who is regarded
as havingthis his type of impairment, or anyone who has a record of this type of
impairment.
(3) This Chapter is intended to apply to those persons who are defined as disabled under
the Acts.
(b) Eligible requests:
(1) A request for Reasonable Accommodation may include a modification or exception
to the practices, rules, and standards for the development, siting, and use of housing
or housing -related facilities that would eliminate regulatory barriers and provide a
person with a disability equal opportunity to housing of their choice.
(2) A request for Reasonable Accommodation shall comply with Section 9-13.103
(Application Requirements).
ITEM: B-1
DATE: 9-24-13
9-13.103 Application Requirements
(a) Filing. An application for a Reasonable Accommodation shall be filed and processed in
compliance with Chapter 9-2 (Applications: Content, Processing and Time Limits).
(b) Required data. The application shall include the following information and materials as a
supplement to the required application:
(1) Applicant's name, address, and telephone number;
(2) Address of the property for which the request is being made;
(3) Assessor Parcel Number (APN)
(4) The current use of the property
(5) The code section(s), regulation(s), policy, or procedure for accommodation requested;
(6) A statement describing why the requested accommodation is necessary to make the
specific housing available to the applicant, including information establishing that the
applicant is disabled under the Acts; and
(7) Other relevant and permissible information as requested by the Community
Development Director or his or her designee
(c) Filing with other land use applications. If the project involves both a request for
Reasonable Accommodation and some other discretionary pproval (e.g. Conditional Use
Permit, Variance, etc.), the applicant shall file the information required by 9-13.1030
and 9-13.103(b), together with the materials required for the other discretionary approval.
(d) Responsibility of the applicant. It is the responsibility of the applicant to establish
evidence in support of the findings required by Section 9-13.106 (Findings and Decision),
9-13.104 Review Authority
(a) Community Development Director. Requests for Reasonable Accommodation shall be
reviewed, and a decision shall be made, by the Community Development Director if no
gpproval is sought other than the request for Reasonable Accommodation. The
Community Development Director may defer a decision to the Design Review
Committee at their discretion.
(b) Other review authority. Requests for Reasonable Accommodation submitted for
concurrent review with another discretionary land use application (e.g., Conditional Use
Permit) shall be reviewed (and approved or denied) by the authority reviewing that
application.
9-13.105 Review Procedures
(a) Community Development Director's review. The Community Development Director
shall make a written decision and either approve, approve with modifications, or deny
request for Reasonable Accommodation.
(b) Other review authority. When reviewed concurrently with another type of discretionary
review, the written decision on whether to approve or deny the request for Reasonable
Accommodation shall be made by the authority responsible for reviewing the other
discretionary review in compliance with the applicable review procedures.
ITEM: B-1
DATE: 9-24-13
(c) The decision to approve or deny the request for Reasonable Accommodation shall be
made in compliance with Section 9-13.106 (Findings and Decision).
9-13.106 Findings and Decision
(a) Findings. The written decision to approve a request for Reasonable Accommodation shall
be based on the following findings:
(1) The housing that is the subject of the request will be used by a person defined as
disabled under the Acts;
(2) The request for Reasonable Accommodation is necessary to make specific housing
available to a person with a disability under the Acts;
(3) The requested Reasonable Accommodation would not impose an undue financial or
administrative burden on the City;
(4) The requested accommodation would not require a fundamental alteration in the
nature of the housing program of the City; and
(5) The establishment, maintenance or operation of the Reasonable Accommodation
activity would not be detrimental to the public health, safety, or welfare of persons
residing or working in the neighborhood of the proposed activity
(b) Conditions of approval. In approving a request for Reasonable Accommodation, the
review authority may impose conditions of approval deemed reasonable and necessary to
ensure that the Reasonable Accommodation will comply with the findings required bX
Subsection A (Findings), above.
9-13.107 Rescission of Approval of Reasonable Accommodation
(a) Rescission:
(1) An approval or conditional approval of an application made in compliance with this
Chapter may be conditioned to provide for its rescission or automatic expiration
under appropriate circumstances (e.g., the individual defined as disabled under the
Acts vacates the subject site, etc.), unless allowed to remain in compliance with
section 9-13.107(b)(Discontinuance),
(2) If rescinded or subject to automatic expiration, the improvement made in compliance
with the originallypproved Reasonable Accommodation shall be removed from the
subject property in compliance with 9-13.107(b)(2).
(b) Discontinuance:
(1) A Reasonable Accommodation shall lapse if the exercise of rights granted by it is
discontinued for at least 365 consecutive dam
(2) If the person(s) initially occupying a residence vacates, the Reasonable
Accommodation shall remain in effect only if the review authority first determines
that:
i. The modification is physically integrated into the residential structure and
cannot be easily removed or altered to comply with this title; or
ii. The modification is to be used by another qualifying individual with a
disability.
(3) The review authority may request that the applicant or the successor(s)-in-interest
provide documentation that subseauent occupants are aualifvinil persons with
disabilities.
ITEM: B-1
DATE: 9_24-13
(4) Failure to provide the documentation within 30 days of the date of a request by the
review authority shall constitute ,grounds for discontinuance by the City of a
previously approved Reasonable Accommodation.
(5) Discontinuance shall require that the improvement made in compliance with the
originallypproved Reasonable Accommodation shall be removed from the subject
property.
9-13.108 Post Decision Procedures
The procedures and requirements of this title in Chapter 2 (Applications: Content, Processing
and Time Limits), and those related to appeals in Chapter 1 (Enactment, Administration and
Amendment), shall apply following the decision on a Reasonable Accommodation application.
Draft Ordinance A
5. Modify land use descriptions, permitted uses, conditionally permitted uses,
and zoning ordinance definitions for code consistency
With the proposed addition of new ordinances, the City's zoning ordinance will need to add
additional definitions and land use descriptions for consistency with these new ordinances.
Staff has reviewed the land use descriptions, permitted uses, and conditionally permitted
uses as a part of this Housing Element Implementation effort for all residential uses.
The existing ordinance is structured so that each individual zoning district lists permitted
and conditionally permitted uses. One must flip back and forth to determine if a use
such as a "farm animal raising" is permitted in the RSF or LSF zones. This makes it
difficult for applicants and staff to interpret uses, especially when assisting customers.
Article 13, Downtown Zone is an example of the type of organization that the City's code
should emulate. Uses are listed with a side by side comparison of where one can locate
within the downtown.
ITEM: B-1
DATE: 9-24-13
9-3.262 Downtown district allowable land uses and permit requirements.
Alloned Uses and Penn it Requirements for Donnton-n Zoning Districts
P Pe m fitted Use
CUP Conditional Use Permit required
— Use not allo- ed
REQUIRED
Specific l se Regulations
-
LXti-D USE' DCPER)BT
�
3LANUFAC UItING& PROCESSLVC USES
Light repair services
P
—
Printing and publishing
P
P
R&D` (Research and development including technology)
P
P
R&D - Biotechnology, chemical pharmaceutical
CUP
CLP
RECREATION. EDUCATION & ASSEMBLY USES
Membership organizations
CUP
—
Amusement services
P
Indoor recreation services
P
—
Libraries, museums, galleries
P
P
Public parks and playgrounds
P
P
Schools - Public
CUP
—
Schools - Business and vocational
CUP
�l
Studios - Art, dance, martial arts, music, etc.
P
. . .
Public amusement and entertainment
CUP
—
RESIDEATL1L USES
Home occupations
P
Live work projects
P5,CUP6
—
Multifamily and single family dwellings
P3
_
Senior citizen housing
CUt
—
The City's Land Use descriptions enable planning staff to make a determination that a
use is permitted within a zoning district. These definitions are the first steps in the
entitlement process and guide planning staff to make decisions on the type of permits
necessary. City Staff has reviewed all land use definitions that are currently allowed and
conditionally allowed for the residential zoning districts.
City Staff discovered some of these uses pre -date the City's incorporation and are no
longer applicable since its adoption in 1983 coupled due to recent updates pertaining to
2nd Units, the City's Single Family dwelling definition update, and new State
Regulations. In addition, redundant uses appear throughout the residential code due to
these various code updates that were added. An example is in the RSF zone where 2nd
units are both allowed and conditionally allowed in the current zoning code-
ITEM: B-1
DATE: 9_24-13
9-3.152 Allowable uses.
The following uses shall be allowed in the Residential Single Family Zone. The establishment of allowable uses shall be as prodded by Sections 9-2.108 and 9 11-19
(a) Farm animal raising (see Section 9-6.112);
(b) Home occupations (see Section 9-6.105);
(c) Residential accessory uses (see Section 9-6.106);
(d) Single-family dwelling:
(e) Mobilehome dwelling (see Section 9-6.142);
(f) Temporary dwelling (see Section 9-6.176);
(g) Accessory storage (see Section 9-6.103);
(h) Collection station (see Section 9-6.130);
(i) Skilled nursing facility where the number of residents under care is six (6) or fewer (see Section 9-6.134);
0) Residential care, where the number of residents under care is six (6) or fewer (see Section 9-6.135);
(k) Agricultural accessory uses (see Section 9-6.109);
(1) Ublity transmission facilities;
(m) Roadside stands (see Section 9-6.117);
n Tem orary events see Section 9-6177):
(o) Secondary residential units (see Chapter 5). (Ord. 454 § 3, 2004; Ord. 68 § 9-3.152, 1983)
9-3.153 Conditional uses.
The following uses maybe allowed in the Residential Single Family Zone. The establishment of conditional uses shall be as provided by Section 9-2.110:
(a) Churches and related activities (see Section 9-6.121);
(b) Schools (see Section 9-6.125);
(c) Mobilehome developments (see Section 9-6.143);
(d) Skilled nursing facility, where the number of residents under care is greater than six (6) (see Section 9-6.134);
(e) Residential care, where the number of residents under care is greater than six (6) (see Section 9-6.135);
(f) Organizational houses;
(g) Pipeline;
(h) Bed and breakfast;
(i) Caretaker residence (see Section 9-6.104);
6) The following uses where established in a residential structure of historical importance are satisfied
(1) Broadcasting studios,
(2) Business support services,
(3) Libraries and museums,
(4) Offices,
(5) Personal services,
(6) School—Business and vocationaL-
(k) Kennels (see Section 9-6.111);
" Residential second units (RSF-Y only) (see Section 9.6106). (Ord. 412 § 3, 2003; Ord 68 § 9-3.153, 1983) 1
This is an illustration of some of the confusion that applicants and residents may have
with the City's current zoning code format and presentation. Consistent with the
Council's 2013 Strategic Goal of promoting common sense regulation and reform, Staff
is proposing the following revisions to the City's residential portion of the Zoning
Ordinance as a part of the Housing Element Update. These reforms include:
• Eliminating land use definitions that are no longer in use throughout the City that
were created as a part of its incorporation thereby reducing any future
neighborhood conflicts that may arise;
• Revise definitions to eliminate redundant land uses;
• Provide more flexibility in defining uses in the residential zones;
• Simplify the City's allowed / conditional uses for ease of use.
ITEM: B-1
DATE: 9_24-13
Staff has provided a list of land use definitions that are currently codified in the
Municipal Code. Staff has placed these uses in a matrix format that is proposed to be
utilized. The number next to the use corresponds to its land use definition, which is
located below the table. A Staff comment is provided where a proposed land use
definition is to be revised or eliminated as a use in the residential zone.
Table 3 - Existing Allowed and Conditionally Allowed Uses In Residential Zones
Allowed Land Uses and Permit
A Allowed Use, Zoning Clearance Required
Requirements
CUP Conditional Use Permit Required
Residential Zones
— Not Permitted
Use
Permitted Uses By Zones
Proposed
Revisions
To Remain
RS RSF LSF RMF
CUP
Agricultural Related Uses
1. Agricultural accessory uses
A
A
To Remain
2. Agricultural processing
CUP
To Remain
3. Animal hospitals
CUP
To Remain
4. Crop production and grazing
CUP
To Remain
5. Farm animal raising
A
A
CUP
To Remain
6. Forestry
CUP
Eliminate use
from residential
7. Horticultural specialties, where no
permanent retail facilities are
provided
A
To Remain
8. Livestock Specialties
CUP
To Remain
Industrial, Manufacturing, Processing
9. Mining CUP
To Remain
10. Petroleum extraction CUP
To Remain
11. Surface mining CUP
To Remain.
Recreation, Education, & Public Assembly
12. Churches and related activities CUP CUP CUP
CUP To Remain
13. Libraries and museums CUP CUP CUP
CUP Eliminate use
from residential
14. Rural sports and group facilities CUP
To Remain
15. Schools CUP CUP CUP
CUP To Remain
16. Schools -business and vocational CUP CUP CUP
CUP To Remain
Residential Uses
17. Accessory Storage
A
A
A
A
To Remain
18. Caretaker residence
CUP
CUP
CUP
Eliminate use
from residential
19. Home occupations
A
A
A
A
To Remain
20. Multiple Family Dwellings
A
Definition to be
revised
21. Mobilehome developments
CUP
CUP
CUP
CUP
Definition to be
revised.
22. Mobilehome dwelling
A
A
A
Proposed to be
eliminated and
ITEM: B-1
DATE: 9_24-13
Allowed Land Uses and Permit
A Allowed Use, Zoning Clearance Required
Requirements
CUP Conditional Use Permit Required
Residential Zones
— Not Permitted
Use
Permitted Uses By Zones
Proposed
Revisions
RS RSF LSF RMF
combined with
single family
dwelling.
23. Primary family housing
Proposed to
eliminate use
24. Organizational Houses
CUP
CUP
CUP
CUP
To Remain
25. Residential Care
A
Definition to be
revised.
Residential care, where the number
A
A
A
of residents under care is six (6) or
fewer
Residential care, where the number
CUP
CUP
CUP
of residents under care is six (6) or
more
26. Residential accessory uses
A
A
A
A
To Remain
27. Residential Second Units (RSF-Y)
CUP
Proposed to
eliminate use
28. Retirement Hotel
CUP
Definition to be
revised
29. Single-family dwelling
A
A
A
A
Definition to be
revised
30. Secondary Residential Units
A
A
A
To Remain
31. Temporary dwelling
A
A
A
A
To Remain
Retail
32. Roadside stands
A
A
To Remain
33. Temporary or seasonal retail sales
A
To Remain
Services -Professional
34. Business Support Services
CUP
CUP
CUP
CUP
Eliminate use
from residential
35. Collection station
A
A
A
A
Eliminate use
from residential
36. Bed and Breakfast
CUP
CUP
CUP
CUP
To Remain
37. Kennels
CUP
CUP
To Remain
38. Personal Services
CUP
CUP
CUP
CUP
Eliminate use
from residential
39. Offices
CUP
CUP
CUP
CUP
Eliminate use
from residential
40. Skilled nursing facility
CUP
Definition to be
revised.
Skilled nursing facility, where the
A
A
A
number of residents under care is six
(6) or fewer
ITEM: B-1
DATE: 9_24-13
Allowed Land Uses and Permit
A Allowed Use, Zoning Clearance Required
Requirements
CUP Conditional Use Permit Required
Residential Zones
— Not Permitted
Use
Permitted Uses By Zones
Proposed
Revisions
6 or more
RS RSF LSF RMF
Skilled nursing facility, where the
CUP
CUP
CUP
number of residents under care is six
6 or more
41. Temporary events
A
A
A
A
To Remain
Transportation, Infrastructure & Communication
42. Broadcast Studio
CUP
CUP
CUP
CUP
Eliminate use
from residential
43. Utility transmission facilities
A
A
A
A
To remain
44. Parking Lots
CUP
To remain
45. Pipeline
CUP
CUP
CUP
To Remain
Pipelines, where pipelines are below
A
the surface and where pipelines are
not used to convey toxic or
hazardous substances other than
gasoline, crude oil, natural gas,
liquefied petroleum gas or liquefied
natural gas
Pipelines, where pipelines are not
CUP
below the surface and where
pipelines are used to convey toxic or
hazardous substances other than
gasoline, crude oil, natural gas,
liquefied petroleum gas or liquefied
natural gas
ITEM: B-1
DATE: 9_24-13
Land Use Description in Residential Zones
1. 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.
2. 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; grain cleaning
and custom grinding; custom grist mills; custom milling of flour, feed and grain; sorting,
grading and packaging of fruits and vegetables; tree nut hulling and shelling; cotton
ginning; and wineries.
3. 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.
4. 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.
5. Farm Animal Raising. The keeping, feeding or grazing of animals as an avocation,
hobby, or school project, subordinate to the principal residential use of a property,
includes species commonly considered as farm animals as well as exotic species, but does
not include household pets. See also "Livestock Specialties."
6. 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.
Staff Comment.-
Forestry
omment.
Forestry is an allowed use in the Agriculture zone, and a conditionally allowed use in
the RS zone. This definition was included as part of the City's initial 1983 Zoning
Ordinance adoption and was retained from the County. There are no forestry
establishments within the RS zone at this time and this use does not seem to lend
itself to current and future uses within the RS zone. Staff recommends removal of
this use in the RS zone but to remain in as an allowed use in Agriculture zone. The
Planning Commission concurred with this assessment.
7. 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.
ITEM: B-1
DATE: 9-24-13
8. 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.
9. 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."
10. 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,
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.
11. Surface Mining (no land use description, per 9-9.102). All or any part of the process
involved in the mining of minerals or construction materials on mined lands by removing
overburden and mining directly from the mineral deposits, open -pit mining of minerals
naturally exposed, mining by the auger method, dredging and quarrying, or surface work
incidental to an underground mine. In addition, surface mining operations include, but are
not limited to:
a. Inplace distillation, retorting, or leaching.
b. The production and disposal of mining waste.
c. Prospecting and exploratory activities.
d. Extractions of natural materials for building, construction, etc.
12. Churches and Related Activities. Religious organization facilities operated for worship
or for promotion of religious activities, including churches and religious Sunday -type
schools. Other establishments maintained by religious organizations, such as educational
institutions, hospitals and other operations that may be considered commercial in nature
if not run by the religious organization (such as a recreational camp) are classified
according to their respective activities.
13. 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.
Staff Comment:
This is a conditionally allowed use (with the current use) if the use is established in a
residential structure of historical importance. This clause was included as a part of
the 1983 Zoning Ordinance adoption. The museums, zoos, art galleries are currently
located in either commercial or public zones. These uses are more conducive to be
located in areas that can accommodate traffic and other neighborhood compatibility
issues. Planning Commission is recommending elimination of this use in the
residential zone.
ITEM: B-1
DATE: 9-24-13
14. 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.
15. 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."
16. 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.
17. 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.
18. Caretaker Residence 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."
Staff Comment:
Planning Commission recommended this land use be eliminated from the residential
section and be revised to specify that this is for a "non-residential" use only. The
rationale for this change is because a 2nd residential unit is already an allowed use
within this zone and by having a caretaker residence, which is a conditionally allowed
use, would create a hardship and additional expense because the residence would
already incur fees from the 2nd unit.
19. Home Occupations. The gainful employment of the occupant of a dwelling, with such
employment activity being subordinate to the residential use of the property.
20. Multiple Family Dwelling. Two (2) or more dwelling units located on a single lot, each
occupied by a single housekeeping unit; includes buildings or groups of buildings
designated as apartments, duplexes, triplexes and condominiums, but not including
motels, hotels, dormitories, or RV parks as herein defined.
Staff Comment:
ITEM: B-1
DATE: 9-24-13
Planning Commission recommends that this definition be revised to include additional
uses and references to newly codified definitions in section 9-9.102 as a part of the
proposed Housing Element ordinance adoptions.
21. 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.
Staff Comment:
Staff is recommending that this land use definition be revised for consistency with State
Housing Law for mobile home developments.
22. Mobilehome Dwelling. A vehicle without self -propulsion designed and equipped as a
dwelling unit to be used with a foundation.
Staff Comment:
Planning Commission recommends the elimination of this land use so that it can be
combined with the single-family dwelling unit definition. The Staff's recommends
eliminating this use because a mobile home or manufactured home is essentially a
single family home in terms of fees, inspections, and plan checks, including this as a
separate definition is no longer necessary.
23. 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,
grandchildren, sisters and brothers of the property owner or spouse of the property owner.
Staff Comment:
Planning Commission recommends the elimination of this land use since it was included
as a part of the 1980 Zoning Ordinance adoption. This use is already defined as a 2nd
unit, an allowed use, and this definition should be eliminated to comply with the law and
use only non-discriminatory occupancy standards.
24. 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.
25. Residential Care. Establishments primarily engaged in the provision of residential,
social and personal care for children, the aged, and special categories of persons with
ITEM: B-1
DATE: 9-24-13
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.
Staff Comment:
Staff and Planning Commission recommend modification of this definition to more
closely align its actual use. In addition, staff is proposing to remove description that are
discriminatory and eliminate "personal care" for children and replace it with a new
definition specifically for "childcare" that clarifies these uses.
26. 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.
27. Residential Second Units: See Secondary Residential Units.
Staff Comment:
Planning Commission recommends elimination of this definition as it is redundant and is
not consistent with 2nd unit ordinance in Chapter 5.
28. 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.
Staff Comment:
Planning Commission and Staff recommends this definition be revised to differentiate
between this type of use and residential care facilities. In addition, the definition's title
will be revised to be a more encompassing "Residential Care Facility for the Elderly
(RCFE)."
29. Single -Family Dwelling. An attached or detached building not to contain more than one
(1) kitchen wherein the occupants of the dwelling unit are living and functioning together
as a single housekeeping unit, meaning that they have established ties and familiarity
with each other, jointly use common areas, interact with each other, membership in the
single housekeeping unit is fairly stable as opposed to transient, and members have some
control over who becomes a member of the single housekeeping unit.
Staff Comment:
Staff is recommending this definition be revised based on new ordinances with
references to section 9-9.102.
ITEM: B-1
DATE: 9_24-13
30. Secondary Residential Unit. Second residential units are defined as residential
occupancy constructions (R) with a kitchen and full bathroom that is accessory to the
primary unit and intended for permanent occupancy by a second housekeeping unit.
31. 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.
32. 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.
33. Temporary or Seasonal Retail Sales. Retail trade establishments primarily engaged in
the 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.
34. 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.
Staff Comment:
This is a conditionally allowed use with the current if the use is established in a
residential structure of historical importance. This clause was included as a part of the
1983 Zoning Ordinance. These uses are not conducive to residential uses and could be
permitted as a home occupation. Planning Commissions recommends elimination of
this use within the residential zones.
35. 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.
Staff Comment:
ITEM: B-1
DATE: 9_24-13
This is currently an allowed use that was included as a part of the 1983 Zoning
Ordinance adoption. Collection stations are typically found in commercial zones and are
not conducive to residential uses. Planning Commission recommends elimination of this
use within the residential zones.
36. 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.
37. 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.
38. Personal Services. Service establishments primarily engaged in providing non-medical
services as a primary use and may include accessory retail sales of products related to the
services provided. These uses include the following: beauty shops (includes permanent
makeup when less than ten percent (10%) of overall sales), barber shops, day spas and
massage therapy where each massage therapist is certified/licensed by a State -recognized
organization, shoe repair shops, dry cleaning pickup stores, clothing rental, tailors,
tanning salons, pet grooming services, and other similar uses.
Staff Comment:
This is a conditionally allowed use with the current if the use is established in a
residential structure of historical importance. This clause was included as a part of the
1983 Zoning Ordinance. Personal services such as barber shops and day spas are
difficult to open in residential zones due to accessibility requirements, and additional
health and sanitary requirements adopted by the State. A resident can perform some of
these personal services through a home occupation permit such as a mobile pet
groomer, mobile shoe repair, tailor etc. Planning Commission recommends elimination
of this use within the residential zones.
39. 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."
Staff Comment:
ITEM: B-1
DATE: 9_24-13
This is a conditionally allowed use with the current if the use is established in a
residential structure of historical importance. This clause was included as a part of the
1983 Zoning Ordinance. Offices within a residential zone are permitted with a home
occupation permit. The City has allowed these types of uses to occur as long as the
resident lives on the property and abides by the home occupation regulations. Planning
Commission recommends elimination of this use within the residential zones.
40. Skilled Nursing Facility. Residential establishments primarily engaged in providing
nursing and health-related personal care, generally on a long-term basis, with in-patient
beds, including skilled nursing facilities; extended care facilities; convalescent and rest
homes.
Staff Comment:
Staff and Planning Commission recommend a refinement to this use to exclude
"residential care facilities" and further clarify the intended use. Staff is also proposing
renaming this use type under the term "Medical Extended Care Services" to better
capture its true use.
41. 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.
42. Broadcasting Studios. Communications uses including radio, television, telegraph and
telephone broadcasting and receiving stations which are facilities and equipment enclosed
entirely within buildings, except for accessory transmission facilities such as antennas,
satellite receiving dishes and similar transmission and receiving apparatus.
Staff Comment:
This is a conditionally allowed use with the current if the use is established in a
residential structure of historical importance. This clause was included as a part of the
1983 Zoning Ordinance. The type of facility is located in non-residential zones. These
uses are more conducive to be located in areas that can accommodate traffic and other
neighborhood compatibility issues. Planning Commission recommends elimination of
this use in the residential zone.
43. 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.
44. Parking Lots. Not Defined.
45. Pipelines. Facilities primarily engaged in the pipeline transportation of crude petroleum;
refined products of petroleum such as gasoline and fuel oils; mixed, manufactured or
ITEM: B-1
DATE: 9_24-13
liquefied petroleum gas; or the pipeline transmission of other commodities, excluding
natural gas.
Proposed Text Change:
The following is the proposed matrix format to be utilized with the revised land use
definitions. It also includes strikeouts of uses that are proposed to be eliminated from
the residential zones. Any changes to land use definitions are reflected in a strikeout
format for deletion of text and an underlined/bold for revised text or new definitions. The
final format is shown in Attachment 4 (Draft Ordinance A).
ITEM: B-1
DATE: 9-24-13
Table 4 - Proposed Allowed and Conditionally Allowed Uses In Residential Zones
Allowed Land Uses and Permit
A Allowed Use, Zoning Clearance Required
Requirements
CUP Conditional Use Permit Required
Residential Zones
— Not Permitted
Use
Permitted Uses By Zones
Special Use
Regulation(s)
RS RSF LSF I RMF
Agricultural Related Uses
1. Agricultural accessory uses
A A
9-6.109
2. Agricultural processing
CUP
3. Animal hospitals
CUP
9-.6.110
4. Crop production and grazing
CUP
9-6.113
5. Farm animal raising
A A
CUP
9-6.112
6 Ferestry
GUR
7. Horticultural specialties,,�^whceFe RO
nnrmannnt rofail fac'lifios a
A
9-6.116
8. Livestock Specialties
CUP
9-6.115
Industrial, Manufacturing, Processing
9. Mining CUP
9-6.159, 9-6.151
10. Petroleum extraction CUP
9-6.148
� Qo'e m�rrirnni^nom CUP
Recreation, Education, & Public Assembly
12. Churches and related activities CUP CUP CUP CUP 9-6.121
13. Libraries and museum& GUR GUR GUR GUR
14. Rural sports and group facilities CUP 9-6.124
15. Schools CUP CUP CUP CUP 9-6.125
16. Schools -business and vocational CUP CUP CUP CUP 9-6.125
Residential Uses
17. Accessory Storage
A
A
A
A
9-6.103
1 Q (`arofaLor residence
CUP
CUP
GUR
19. Home occupations
A
A
A
A
9-6.105
20. Multiple Family Dwellings
A
9-3.175
21. Mobilehome developments
CUP
CUP
CUP
CUP
9-6.142, 9-6.143
22 nnoh iohoma d,^,o"' -
A
A
A
23 Primary fam" hn sinn
24. Organizational Houses
CUP
CUP
CUP
CUP
9-3.175
25 Residential Coro
A
Residential care, where the n mber
of residents under caro is civ (6) nr
fewer six (6) clients and less
A
A
A
A
9-6.135
Residential care, where the number
of residents under caro is six (6) nr
fq- re seven (7) clients or more
CUP
CUP
CUP
A
—
9-6.135
26. Residential accessory uses
A
A
A
A
9-6.106
27Residential Second Units (RS"
GUI
28 Retirement Hefei Residential Care
for the Elderly (RCFE3
CUP
9-3.175
ITEM: B-1
DATE: 9-24-13
Allowed Land Uses and Permit
A Allowed Use, Zoning Clearance Required
Requirements
CUP Conditional Use Permit Required
Residential Zones
— Not Permitted
Use
Permitted Uses By Zones
Special Use
A
Regulation(s)
RS RSF LSF RMF
A
A
29. Single-family dwelling
A
A
A
A
9-6.143, 9-6.184
30. Secondary Residential Units
A
A
A
Chapter 5
31. Temporary dwelling
A
A
A
A
9-6.175
Retail
32. Roadside stands
A
A
9-6.117
33. Temporary or seasonal retail sales
A
9-6.174
Services -Professional
34—Ek iness C.
GUR
GUR
GUR
GUR
35 GelleGtie station
A
A
A
A
36. Bed and Breakfast
CUP
CUP
CUP
CUP
Day Care, six (6) clients or less
A
A
A
A
9-6.125
Day Care, seven (7) clients or
more
CUP
CUP
CUP
CUP
9-6.125
37. Kennels
CUP
CUP
9-6.111
�S2 Dersenol R(QP4
GUR
GUR
GUR
3QTu--vmt� c
GUP
/G+�i�R
GUP
GUP
GUP
40. Skilled RUFSi=R��
GUP
Skilled nursing foGilit„e,,�Te
i �
nmher of residents u nder Gore is sox
6fewer Medical Extended Care
Services, six (6) clients or less
A
A
A
CUP
9-6.134
Skilled- nursing faGilit„'where the
nmher of re� �
� U sidents nder Gore is civ
«`�re Medical Extended Care
Services, seven (7) clients or more
CUP
CUP
CUP
CUP
9-6.134
41. Temporary events
A
A
A
A
9-6.177
Transportation, Infrastructure & Communication
CSP
GUR
CUP
43. Utility transmission facilities
A
A
A
A
44. Parking Lots
CUP
9-4.120
45. Pipeline
CUP
CUP
CUP
Pipelines, where pipelines are below
the surface and where pipelines are
not used to convey toxic or
hazardous substances other than
gasoline, crude oil, natural gas,
liquefied petroleum gas or liquefied
natural gas
A
Pipelines, where pipelines are not
below the surface and where
pipelines are used to convey toxic or
hazardous substances other than
gasoline, crude oil, natural gas,
CUP
ITEM: B-1
DATE: 9-24-13
Allowed Land Uses and Permit
A Allowed Use, Zoning Clearance Required
Requirements
CUP Conditional Use Permit Required
Residential Zones
— Not Permitted
Use
Permitted Uses By Zones
Special Use
Specific Use
Regulations
LAND USE'
Regulation(s)
DO
RS RSF I LSF I RMF
Light repair services
liquefied petroleum gas or liquefied
natural gas
9-3.262 Downtown district allowable land uses and permit requirements.
The following table identifies the land uses allowed by this article in the downtown zoning
districts, and the land use permit required to establish each use. In addition to the land use permit
required by this section, special provisions related to certain land uses may apply, precise plan
approval may also be required for certain uses in compliance with Section 9-1.108. A building
permit is required prior to any construction. Design review approval shall be required for all
permits, consistent with Appendix A of the Downtown Revitalization Plan.
Allowed Uses and Permit Requirements
for Downtown Zoning Districts
P
Permitted Use
CUP
Conditional Use Permit required
—
Use not allowed
PERMIT REQUIRED
Specific Use
Regulations
LAND USE'
DC
DO
MANUFACTURING & PROCESSING USES
Light repair services
P
—
Printing and publishing
P
P
R&D2 (Research and development including
technology)
P
P
R&D - Biotechnology, chemical, pharmaceutical
CUP
CUP
RECREATION, EDUCATION & ASSEMBLY USES
Membership organizations
CUP
—
Amusement services
P
—
Indoor recreation services
P
Libraries, museums, galleries
P
P
Public parks and playgrounds
P
P
Schools – Public
CUP
—
Schools - Business and vocational
CUP
CUP
ITEM: B-1
DATE: 9_24-13
Studios - Art, dance, martial arts, music, etc.
P
CUP
Public amusement and entertainment
CUP
RESIDENTIAL USES
Home occupations
P
P
9-6.105
Live/work pis Units
P5/CUP6
Multifamily and single family dwellings
P3
P3
Age restricted housing
CUP4
RETAIL TRADE
Artisan shops
P
Auto and vehicle dealerships - Indoor display/sales
only
CUP
Building materials and hardware - All activities
indoors
P
—
Eating and drinking places - Without drive-through
P
Bar/Tavern
P
Food and beverage retail sales
P
—
Furniture, home furnishings and equipment
P
—
General merchandise
P
—
Temporary or seasonal sales
P
9-6.174
SERVICES
Automated teller machines (ATMs)
P
P
Banks and financial services - Without drive-
through
CUP
P
Allowed Uses and Permit Requirements
for Downtown Zoning Districts
P
Permitted Use
CUP
Conditional Use Permit required
Use not allowed
PERMIT REQUIRED
Specific Use
Regulations
LAND USE'
DC
DO
SERVICES (cont'd)
Bed and breakfast
CUP
—
Business services
P
P
Child/adult day care centers
—
CUP
Government offices and facilities
P
P
Hotels and motels
CUP
—
ITEM: B-1
DATE: 9_24-13
Health care services
P
P
Offices
P
P
Personal services
P
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE USES
Broadcasting studios
CUP
P
Transit stations and terminals
CUP
CUP
Utility facilities
CUP
CUP
KEY TO ZONING DISTRICT SYMBOLS
DC
Downtown Commercial
DO
Downtown Office
Notes: (Only the notes that apply to this table are shown below.)
' See Section 9-3.701 for land use descriptions. See Section 9-1.106(d) regarding uses not listed.
z Plot Plan approval required (9-2.108). Precise Plan approval (9-2.109) may also be required.
Conditional Use Permit approval required for all projects over 10,000 sf in floor area and multiple family
residential developments consisting of twelve or more units.
3 Residential uses allowed only on second and third floor, except sites north of Olmeda Avenue. If a project is
required to provide a unit in compliance with the Americans with Disabilities Act, the handicapped
accessible unit may be located on a first floor. A first floor unit shall be located in a non -storefront location
within a tenant space.
4 Use allowed only on sites north of Olmeda Avenue.
s Permitted use if the residential quarters are located on the second or third floors.
Conditional Use Permit required if the residential quarters are located on the first floor.
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.
Age Restricted Housing. Residential multi -family or single family units that restrict
occuoancv based on age. This use typically consists of senior housinL, which restricts aLe for
55 and older.
Artisan Shops. A retail store selling art glass, ceramics, iewelry, paintings,
sculpture, and other handcrafted items, where the facility includes an area for the crafting
of the items being sold.
ITEM: B-1
DATE: 9-24-13
Caretaker Residence/Employee Unit. A permanent residence that is secondary or
accessory to the pfineipal primary useactivity oeetHTing an of the property, and. " eafetakef
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 inelu es separate ,,,,arteFs f r
Does not
include housing for caretaker -type employees in the Agriculture Zone which is defined as "Farm
Labor Quarters."
Day Care. Facilities that provide non-medical care and supervision of individuals
for periods of less than 24 hours. These facilities include the following, all of which are
required to be licensed by the California State Department of Social Services or successor
agency. Day Care uses include the following:
1. Child Care Center. Child day care facilities designed and approved to
accommodate 15 or more children. Includes infant centers, preschools, sick -
child centers, and school-age day care facilities. These may be operated in
conjunction with a school or church facility, or as an independent land use.
2. Large Family Day Care Home. As provided by Health and Safety Code Section
1596.78 or successor provision, a home that regularly provides care, protection,
and supervision for seven (7) to 12 children, including up to two (2) children
under the age of 10 years who reside in the home, for periods of less than 24
hours per day, while the parents or guardians are away.
3. Small Family Day Care Home. As provided by Health and Safety Code Section
1596.78 or successor provision, a home that provides family day care for six or
fewer children, including two (2) children under the age of 10 years who reside
in the home.
4. Adult Day Care Facility. A day care facility providing care and supervision for
adult clients.
Live /Work Units. An integrated housing unit and working space, occupied and
utilized by a single household in a structure, either single-family or multi -family, that has
been designed or structurally modified to accommodate joint residential occupancy and
work activity, and which includes:
1. Complete kitchen space and sanitary facilities in compliance with the
Building Code; and
2. Working space reserved for and regularly used by one or more occupants
of the unit.
3. Working space include uses that are either permitted within the zoning
district.
ITEM: B-1
DATE: 9-24-13
Medical Extended Care Services. Residential facilities providing nursing and health-
related care as a primary use with in-patient beds. Examples of these uses include: board
and care homes; convalescent and rest homes; extended care facilities; and skilled nursing
facilities. Long-term personal care facilities that do not emphasize medical treatment are
included under "Residential Care."
Mobilehome Developments. includes -„obilehome parks and mobileh^me subdivisions
--a or- tr-aet of land where two (2) or- more mobilehome lots are !eased, r-ented, or sold
over-ftight or shoi4 term sites foF trailers and en ..0bilehome park provided that stteh
pereent (200%) of the total spaees in the ., ,holey.,, pafk. Any site that is planned and
improved to accommodate two or more mobile homes used for residential purposes, or on
which two or more mobile homes, as the term "mobile home" is defined in California Civil
Code Section 798.3 or successor provision of the California Mobilehome Residency Law,
for non -transient use, are rented, leased, or held out for rent or lease, or were formerly
held out for rent or lease and later converted to a subdivision, cooperative, condominium,
or other form of resident ownership, to accommodate mobile homes used for residential
purposes
Mobilehome Dwelling. A vehiele without self propulsion designed and equipped as
&,elling unit to be ttsed,�vith a foundation.
Multiple Family Dwelling. Two (2) or more dwelling units located on a single lot, each
occupied by a single housekeeping unit; includes buildings or groups of buildings designated
as apartments, duplexes, triplexes and condominiums, but not including motels, hotels,
dormitories, or RV parks as herein defined. Also includes transitional housing, supportive
housing and single room occupancy housing where people live as independently as
possible with the assistance of social services tailored to each person's needs as defined in
section 9-9.102 of the Zoning Ordinance.
Medical Extended Care Services. Residential facilities providing nursing and
health-related care as a primary use with in-patient beds. Examples of these uses include:
board and care homes; convalescent and rest homes; extended care facilities; and skilled
nursing facilities. Long-term personal care facilities that do not emphasize medical care
are defined as "Residential Care."
Residential Care. A single family or multiple family dwelling unit that is licensed or
supervised by a Federal, State, or local health/welfare agency that provides non-medical
care of unrelated persons whom are in need of personal service, supervision, or assistance
essential for sustaining activities of daily living or for the protection of the individual.
Establishments primarily engaged in the pr-ovision of residential, seeial and per-sonal ear -e for
ehildfen, the aged, atid speeial eategor-ies of pefsens with saffle litnits of ability for- self ,
element. Use
includes the following: board and ^^re f e 'hies; children's homes; halfway houses;
rehabilitation centers; self-help group homes.
ITEM: B-1
DATE: 9-24-13
limited to the aged where tio medical care is pr-ovided. Such establishments may pfovide
hoesekeeping and meals to the residents.
Residential Care Facility for the Elderly (RCFE). A housing arrangement chosen
voluntarily by the residents or the residents' guardians, conservators or other responsible
Person(s) where the following occurs: where 75 percent of the residents are at least 62
years of age, or, if younger, have needs compatible with other residents; and where
varying levels of care and supervision are provided, as agreed to at the time of admission
or as determined necessary. RCFE uses may include basic services and community space.
RCFE uses include the following:
1. Assisted Living Facility. A residential building or buildings that also
provide housing, personal and health care, as permitted by the Department of
Social Services, designed to respond to the daily, individual needs of the
residents. Assisted Living Facilities may include kitchenettes (small
refrigerator, sink and/or microwave oven) within individual rooms. Assisted
Living Facilities are required to be licensed by the California Department of
Social Services, and do not include skilled nursing services.
2. Independent Living Center/Senior Apartment. Independent living centers
and senior apartments and are multi -family residential projects reserved for
senior citizens, where common facilities may be provided (for example,
recreation areas), but where each dwelling unit has individual living, sleeping,
bathing, and kitchen facilities.
Single -Family Dwelling. An attached or detached building not to contain more than one
(1) kitchen wherein the occupants of the dwelling unit are living and functioning together as a
single housekeeping unit, meaning that they have established ties and familiarity with each
other, jointly use common areas, interact with each other, membership in the single
housekeeping unit is fairly stable as opposed to transient, and members have some control over
who becomes a member of the single housekeeping unit. Also includes factory -built,
manufactured housing units and mobile homes constructed in compliance with the Title
25 of the California Health and Safety Code, or successor provision; transitional housing
and supportive housing serving six or fewer persons as defined in section 9-9.102 of the
ZoninLL Ordinance.
ineluding skilled nursing > >
eenvaleseent and rest hafnes
9-9.102 General definitions.
Manufactured Housing. Residential structures that are constructed entirely in the
factory, and which since June 15, 1976, have been regulated by the federal Manufactured
Home Construction and Safety Standards Act of 1974 under the administration of the
U.S. Department of Housing and Urban Development (HUD).
ITEM: B-1
DATE: 9_24-13
Mobile Home. A trailer, transportable in one or more sections, that is certified under the
National Manufactured Housing Construction and Safety Standards Act of 1974, which is
over eight feet in width and 40 feet in length, is tied down (a) to a permanent foundation
on a lot either owned or leased by the homeowner or (b) is set on piers, with wheels
removed and skirted, in a mobile home park and not including recreational vehicle,
commercial coach or factory -built housing. A mobile home on a permanent foundation is
included under the definition of "Single -Family Dwellings".
Draft Ordinance 13-1/13-2
6. S13-2 / Emergency Shelter Ordinance
Senate Bill 2 requires that every City and County identify potential site(s) or zones where
new emergency shelter(s) can be located without discretionary review. SB -2 increases
protections for providers seeking to open a new emergency shelter, transitional housing, or
supportive housing development, by limiting the instances in which local governments can
deny such housing types.
SB -2 requires that the City allow an Emergency shelter "by right" meaning that the
emergency shelter could operate without the use of an entitlement permit such as a
conditional use permit (CUP) within a zoning district. If the City wishes to, it can also
choose a site specific property that provides adequate space to provide the emergency
shelter services. In addition, SB -2 requires that the City define transitional and supportive
housing and make this type of housing allowable, by right.
City Staff is proposing to amend the City's Zoning Ordinance to comply with the SB -2
requirements. Currently, an emergency shelter is located at 6370 Atascadero Avenue.
This shelter is operated by the EI Camino Housing Organization (ECHO) and has been in
this location for many years. The exiting shelter serves the community's homeless
population and has a good operational reputation.
The shelter is the only homeless shelter in the northern San Luis Obispo County. Staff has
reviewed the site and size and has determined that the existing ECHO homeless shelter
site is an adequate size to potentially serve the existing and future needs of the
Community's emergency homeless services. The Planning Commission recommended
that Staff utilize a "site specific" location and apply objective management standards for
ECHO or any future operator of that site.
Staff has worked with its consultant to craft standards that would be applicable to the site
specific ECHO location, as well as any future homeless shelters that would need future
approval. In the proposed ordinance Staff has included the following (underlined text
represents modification to ordinance based on Council direction):
Site Specific Standards for ECHO
Proposed Management Standard Proposed Regulation for ECHO Site
Minimum Site Area 1 Acre Min.
ITEM: B-1
DATE: 9-24-13
Maximum Number of Beds
50 Beds Maximum
Parking Requirements
One (1) per 5 beds
One (1) per employee
One (1) bicycle space per 10 beds
No Overnight Stays in Parking Lot
Parking Lot Lighting Required
Landscaping & Fencing
8 -feet solid wall or fence in the rear
6 -feet solid wall or fence on sides
3 -foot maximum transparent fence in front (AMC
9-4.128)
Play Areas required to be fenced per CBC.
On-site Management
One (1) supervisor for every twenty-five (25)
temporary residents during hours of operation
On-site Services
Reserved for temporary residents only; including
but not limited to, permanent shelter assistance,
meal service(s), and counseling for job
placement, education, health care, legal, or
mental health services
Hours of Operation
4 p.m. and 9 a.m., daily. Temporary Residents
permitted for scheduled appointments with case
manager(s) between the hours of 1 p.m. and 4
p.m.
Exceptions for Operator staff, board members,
and contractors
No more than once per month a single special
activity is permitted on site that exceeds the
specified hours of operation
City Staff reviewed the proposed management standards and modified them per City
Council questions and a meeting with ECHO. The proposed ordinance adjusts the on-site
management requiring two (2) supervisors for every twenty-five residents and adjusts the
hours of operation to allow for clients to visit on-site for scheduled appointments between
the hours of 1 pm. and 4pm, allows for exceptions to the operating hours for staff, board
members and contractors, and provides for provisions for special activities that may take
place on-site including fundraisers, neighborhood open houses (not involving shelter
clients), neighborhood meetings (not involving shelter clients), holiday events for shelter
clients, Official government enumeration surveys involving shelter clients.
In addition to these management standards, the City will require ECHO or any operator
that is permitted an Emergency Shelter to enter into an "operations agreement" with the
City. The Operations Agreement allows the City to review rules and regulations that the
emergency shelter will abide by, and provide some flexibility in changing these rules if the
operations need to be adjusted to issues arising in the future, without the need for
amending the zoning code text. The Operations Agreement is to include the following
items:
ITEM: B-1
DATE: 9_24-13
• A list of rules and regulations for overnight occupants
• A security and safety plan;
• Types and descriptions of programs offered on-site;
• Establishment of a neighborhood liaison;
• A dispute resolution process for neighborhood issues;
• Mechanisms for enforcement of the agreement.
The Operations Agreement is to be submitted to the City within 60 days of approval of the
overlay zone or zone change. The City Council will adopt the agreement. As a part of the
operations agreement, the city will require an annual re -submittal of the operations
agreement. Staff will use the operations agreement to resolve any issues involving the
shelter operations. If staff is unable to resolve the issue or the Operations Agreement is
inadequate, the issue will be forwarded to the Planning Commission. The Planning
Commission has recommended this option, however the City Council may weigh in and
modify this provision.
Meal Program
Currently ECHO runs an "open meal" program at their existing site. This meal program is
open to the general public meaning that anyone needing a meal plus those that will be
housed for the evening may be served. The meal program is not a requirement for an
Emergency Shelter, thus it is considered an additional service that ECHO provides.
The meal program is a concern of neighboring residents citing issues such as loitering,
noise, trash, and other complaints from program participants that must leave the site after
the conclusion of the meal at 6 pm. ECHO is working to remedy some of the neighbors'
concerns over the open meal program. Because the meal program is not a State
requirement for an emergency shelter, input from Atascadero PD and the numerous
concerns from neighbors, Staff proposed that the meal program be approved as a
separate CUP, but could continue until a Planning Commission hearing on the matter.
The Council discussed the meal program during their August 13, 2013 meeting. The
discussion revolved around whether to include the meal program as a part of the
ordinance, fold the meal program into the operations agreement or require it as separate
approval as a Conditional Use Permit. Based on direction from this meeting, the Council
requested additional information in regards to a "by right" use and a CUP.
ITEM: B-1
DATE: 9-24-13
Proposed Draft Ordinance B-1 (CUP Required for Meal Program
9-3.103 Overlay districts established.
Overlay districts intended to protect public safety and the environment and to preserve scenic,
cultural and historic resources are established as follows:
2. Overlay districts:
(1) Flood Hazard—FH;
(2) Geologic Hazard—GH;
(3) Historic Site—HS;
(4) Sensitive Resource—SR;
(5) Planned Development—PD. (04 68 § 9 3.103, 1983)
(6) Emergency Shelters – ES (9-3.501)
Article 23. ES (Emergency Shelter) Overlay Zone
9-3.501 Purpose
The Emerizencv Shelter Overlav Zone identifies areas where emergencv shelters may be
permitted without a Conditional Use Permit in compliance with Senate Bill 2 (Statutes of 2007)
and the Housing Element.
9-3.502 Applicability of emergency shelter standards
The standards of this Article apply to emergency shelters located in the Emergency Shelter
Overlay Zone. The emergency shelter overlay zone is applicable to the followingzoning
oning
district(s) or site specific area(s)
(a) Assessor Parcel Number (APN) 030-341-013
9-3.503 Minimum site design and development standards
An emergency shelter is subject to all property development standards of the zoning district in
which it is located except as modified by the following standards:
(a) Minimum site area: One (1) gross acre is the minimum site area.
(b) Intake location. The shelter intake area must be setback a minimum of twenty (20)
feet from the rear property line. Rear property line is defined as Lot A of San Luis
Obispo County Parcel Maps Book 23, pale 76.
(c) Parking:
(1) One (1) vehicle parkin space per five (5) beds must be provided onsite.
(2) One 1 bicycle space per ten ,10) beds must be provided onsite.
(3) One 1 vehicle space per employee must be provided onsite.
(4) Parking area must be shown in a site plan. Parking area must be paved.
(5) Parking area must be lit for security purposes with permanent lighting consistent
with Section 9-4.137 of the Atascadero Municipal Code.
(6) Sleeping in or occupying vehicles as a residence is not permitted on the site.
(d) Landscaping and fencing,
ITEM: B-1
DATE: 9-24-13
(1) Perimeter fencing. Perimeter fencing is required on a per site basis subject to
review and approval by the Design Review Committee. The following Perimeter
fencingis s required for approved shelter(s):
Assessor Parcel Number (APN) 030-341-013: A solid masonry wall eight
(8) feet in height must be located on the rear property lines. A solid wall or
fence six (6) feet in height must be located on the side property lines.
Fencing within the front setback must follow the requirements of Section
9-4.128.
(2) Play areas for children are to be fenced to prevent uncontrolled access to and from
the site. Fencing shall not include any solid materials and must be consistent with
the California Building
(3) On-site landscaping must be installed and maintained in compliance with the
Multi -family, zoning district requirements in Section 9-4.125.
(4) Outdoor areas (yards) must be kept clean and free of debris.
9-3.504 Operating standards
The following operating standards apply to emergency shelters:
(a) Emergency shelter operator. Each shelter shall be operated by an agency or
organization with experience in managing or providing social services.
(b) Maximum number of beds. An emergency shelter shall have a maximum number of
beds for overnight clients served by the facility. This limitation on client beds does
not include accommodations for management, employees, or volunteers. The
following is the maximum number of client beds for approved shelter(s):
(1) Assessor Parcel Number (APN) 030-341-013: 50 beds.
(c) On-site management and supervision.
(1) Assessor Parcel Number (APN) 030-341-013. There shall be a minimum of
one 1 on duty supervisor for every twenty (25) overnight residents during
the operating hours.
(d) Operatinghours.
(1) Assessor Parcel Number (APN) 030-341-013. Hours of operation are limited
to between 4:00 p.m. and 9:00 a.m., daily. Shelter clients and the general
public are not permitted on the premises when the shelter is not operating_
Exceptions:
(i.) Temporary shelter residents are permitted on the premises for scheduled
appointments with case manager(s) between the hours of 12:00 p.m. and
4:00 p.m. dailL.
(ii.) Operator staff, board members, and contractors are not subject to any
time restrictions.
(iii.) Special Activities. No more than once per month a single special
activity is permitted on site that exceeds the specified hours of operation.
Special events include the following_
a. Fund raisers (not involving shelter clients
b. Neighborhood open houses (not involving shelter clients);
c. Neighborhood meetings (not involving shelter clients
ITEM: B-1
DATE: 9-24-13
d. Holiday events for shelter clients; and
e. Official ,government enumeration surveys involvingshelter
clients.
(e) Onsite Management Plan Contents. The operator must prepare and follow an on-site
managementplan that must include the following_
(1) Rules. A list of rules and regulations for overnight clients.
(2) Logs. Provide a methodology for tracking the number of overnight clients.
(3) Security and Safety Plan that will address security and safety of occupants,
loitering control and management of outdoor areas.
(4) Types and descriptions of programs offered onsite.
(5) Required on site signage:
(i.) No loitering signs;
(ii.) No trespassingsign;
ign;
(iii.) No campin signs.
igns.
(6) Identify a neighborhood liaison and provide the contact information for the
liaison.
(7) Hold at least two neighborhood meetings each calendar year.
(8) A dispute resolution process for any neighborhood issues that may arise.
(9) Mechanisms for enforcement.
(f) Management Plan Submittal. Approval and Review.
(1) The initial management plan must be submitted within sixty (60) dgys of 4pproval
of the overlay zone change and thereafter must be submitted for review by the
City annually on February 1St of every year.
(2) The initial management plan must be approved by the City Council.
(3) Annual Review. The management plan will be reviewed annually by staff.
Operations issues that cannot be resolved by staff will be forwarded to the
1D1.,,,,,;— 0.,,,,,,4-4— F —;-- n+ n ,x„1-,14.. l, -4--
(g) Meal Program CUP Requirement and Operating Standards (Assessor Parcel Number
(APN) 030-341-013). Any on-site meal program that is open to theeg neral public
(Open Meal Program)is an ancillary use subject to the approval of a conditional use
permit under Section 9-2.110 of this code. Any such approved Open Meal Program
shall abide by the following operating standards:
(1) Hours of operation. Open Meal Program service operating hours shall be
between 4:00 p.m. and 6:00 p.m., daily. Non-residents participants shall
vacate the site no later than 6:15 p.m.
(2) The operator shall take reason steps to prevent meal recipients for
congregating in an around the site at all times to minimize adverse impacts on
adjacent properties.
(3) Employees and Volunteers. In addition to the required staffing listed in 9-
3.504(c)(1), the Open Meal Program shall operate with a staffing ratio of one
(1) employee or trained volunteer for every ten (10) meal program
ITEM: B-1
DATE: 9-24-13
participants. The operator shall provide training to all volunteers and
employees.
(4) Outdoor Monitors. From 4:00 p.m. to 6:15 p.m. daily, the Open Meal
Program shall include a minimum of one (1) outdoor monitor to supervise
participants in the rear of the property and one (1) outdoor monitor to
supervise participants in the front of the property. Outdoor monitors shall be
considered employees or volunteers for the staffing ratio purposes listed in 9-
3.504(h)(3).
(5) Number of participants served. The maximum number of participants in the
meal program shall not exceed eighty (80) persons served in one day. This
includes both temporary overnight residents, and non-resident participants
(general public).
(6) Participant Screening All Open Meal Program participants must be screened
by the operator prior to admission for meal service.
(7) Log of participants. A log of Open Meal Program participants is required to be
kept daily. The operator must make reasonable efforts to collect the following
information:
(i.) Legal Name.
(ii.) Date of birth.
(iii.) Housing - st
(8) Review of Open Meal Program participants. The operator must make
available a log of Open Meal Program participants for periodic review by the
City.
(9) Neighborhood Dispute Resolution Process. If the operator fails to follow
these operating standards or any other conditions of approval disputes
regarding . such alleged violations or other impacts on the neighborhood will
be addressed as set forth in this subsection.
(i) Aniplaints shall first be reported to the neighborhood liaison.
(ii.) If a resolution does not occur, any complaint may be submitted as a
code violation compliant to the City.
(iii.) Repeated violations to these operating standards or the conditions of
approval may result in a review of the operation of the shelter or the
Open Meal Programy the City Council. Following such review, the
City Council may amend these provisions to further regulate the
shelter and Open Meal Program, including the possible suspension or
revocation of the Open Meal Program.
(h) Optional Conditional Use Permit (CUP). The shelter operator may apply for a CUP
to provide additional services or programs, including daytime service programs
beyond those described in section 9-3.504(d)(1).
9-9.102 General definitions.
ITEM: B-1
DATE: 9-24-13
Transitional Housing. Buildings configured as rental housingdevelopments, but operated under
program requirements that call for the termination of assistance and recirculation of the assisted
unit to another eligible program recipient at some predetermined future point in time, which shall
be no less than six months (Health and Safety Code 50675.2(h)). This definition excludes
housing for halfway houses intended for occupancy by parolees or convicted persons, children's
homes, halfway houses, rehabilitation centers, and self-help group homes.
City Staff has modified this provision from the Planning Commission for
consistency with State Health and Safety Code.
Supportive Housing. Housing with no limit on length of stay, that is occupied by the clients of
social services, such as persons with medical or mental health conditions, and that is linked to
on- or of- side services that assist the supportive housing resident in retaining the housing,
improving his or her health status, and maximizing his or her ability to lie in and, when possible,
work in the community, where no on-site medical care is provided. This definition excludes
housing for halfway houses intended for occupancy by parolees or convicted persons, children's
homes, halfway houses, rehabilitation centers, and self-help group homes.
Proposed Draft Ordinance B-2 (No CUP Required for Meal Program):
9-3.103 Overlay districts established.
Overlay districts intended to protect public safety and the environment and to preserve
scenic, cultural and historic resources are established as follows:
(a) Overlay districts:
(6) Flood Hazard—FH;
(7) Geologic Hazard—GH;
(8) Historic Site—HS;
(9) Sensitive Resource—SR;
(10) Planned Development—PD. (Ord. 68 § 9-3.103, 1983)
(11) Emergency Shelters — ES (9-3.901)
Article 23. ES (Emergency Shelter) Overlay Zone
9-3.505 Purpose
The Emergency Shelter Overlay Zone identifies areas where emergency shelters may be
permitted without a Conditional Use Permit in compliance with Senate Bill 2 (Statutes of 2007)
and the Housing Element.
9-3.506 Applicability of emergency shelter standards
The standards of this Article apply to emergency shelters located in the Emergency Shelter
Overlay Zone. The emergency shelter overlay zone is applicable to the followingzoning
oning
district(s) or site specific area(s):
(a) Assessor Parcel Number (APN) 030-341-013
9-3.507 Minimum site design and development standards
ITEM: B-1
DATE: 9-24-13
An emergency shelter is subject to all property development standards of the zoning district in
which it is located except as modified by the following standards:
(a) Minimum site area: One (1) gross acre is the minimum site area.
(b) Intake location. The shelter intake area must be setback a minimum of twenty (20
feet from the rear property line. Rear property line is defined as Lot A of San Luis
Obispo County Parcel Maps Book 23, page 76.
(c) Parking:
(1) One (1) vehicle parking space per five (5) beds must be provided onsite.
(2) One (1) bicyclepace per ten (10) beds must be provided onsite.
(3) One 1) vehicle space per employee must be provided onsite.
(4) Parking area must be shown in a site plan. Parking area must be paved.
(5) Parking area must be lit for security purposes with permanent lighting consistent
with Section 9-4.137 of the Atascadero Municipal Code.
(6) Sleeper in or occupyi�ng vehicles as a residence is not permitted on the site.
(d) Landscaping and fencing,
(1) Perimeter fencing. Perimeter fencingis s required on a per site basis subject to
review and approval by the Design Review Committee. The following perimeter
fencingis s required for approved shelter(s):
(i.) Assessor Parcel Number (APN) 030-341-013: A solid masonry wall eight
(8) feet in height must be located on the rear property lines. A solid wall or
fence six (6) feet in height must be located on the side property. lines.
Fencing within the front setback must follow the reauirements of Section
MAW -1
(2) Play areas for children are to be fenced to prevent uncontrolled access to and from
the site. Fencing shall not include any solid materials and must be consistent with
the California Building Code.
(3) On-site landscaping must be installed and maintained in compliance with the
Multi -family. zoning district requirements in Section 9-4.125.
(4) Outdoor areas (yards) must be kept clean and free of debris.
9-3.508 Operating standards
The following operating standards apply to emergency shelters:
(a) Emergency shelter operator. Each shelter shall be operated by an agency or
organization with experience in managing or providing social services.
(b) Maximum number of beds. An emergency shelter shall have a maximum number of
beds for overnight clients served by the facility. This limitation on client beds does
not include accommodations for management, employees, or volunteers. The
following is the maximum number of client beds for approved shelter(s):
(1) Assessor Parcel Number (APN) 030-341-013: 50 beds.
(c) On-site management and supervision.
ITEM: B-1
DATE: 9-24-13
(1) Assessor Parcel Number (APN) 030-341-013. There shall be a minimum of
one (1) on duty supervisor for every twenty (25)overnight residents during
the operatinghours.
(d) Operating - hours.
(1) Assessor Parcel Number (APN) 030-341-013. Hours of operation are limited
to between 4:00 n.m. and 9:00 a.m.. dailv. Shelter clients and the general
public are not permitted on the premises when the shelter is not operating.
Exceptions:
(i.) Temporary shelter residents are permitted on the premises for scheduled
appointments with case manager(s) between the hours of 12:00 p.m. and
4:00 p.m. daily.
(ii.) Operator staff, board members, and contractors are not subject to any time
restri cti nn s _
(iii.) Special Activities. No more than once per month a single special activity
is permitted on site that exceeds the specified hours of operation. Special
events include the following:
a. Fund raisers (not involving shelter clientsh
b. Neighborhood open houses (not involving shelter clients)--
c.
lientsc. Neighborhood meetings (not involving shelter clients
d. Holiday events for shelter clients; and
e. Official government enumeration surveys involving shelter
clients.
(e) Onsite Management Plan Contents. The operator must prepare and follow an on-site
managementplan that must include the following_:
(1) Rules. A list of rules and regulations for overnight clients.
(2) Logs. Provide a methodology for tracking the number of overnight clients.
(3) Security and Safety Plan that will address security and safety of occupants,
loitering control and management of outdoor areas.
(4) Types and descriptions of programs offered onsite.
(5) Required on site signage:
(i.) No loitering signs;
(ii.) No trespassingsign;
ign;
(iii.) No campin signs.
igns.
(6) Identify a neighborhood liaison and provide the contact information for the
liaison.
(7) Hold at least two neighborhood meetings each calendar year.
(8) A dispute resolution process for any neighborhood issues that may arise.
(9) Mechanisms for enforcement.
(f) Management Plan Submittal. Approval and Review.
(1) The initial management plan must be submitted within six1(60) dgpproval
of the overlay zone change and thereafter must be submitted for review by the
City annually on February 1St of everyyear.
ITEM: B-1
DATE: 9-24-13
(2) The initial management plan must be approved by the City Council.
(3) Annual Review. The managementplan will be reviewed annually b.. staff.
Operations issues that cannot be resolved by staff will be forwarded to the
Planning Commission for review at a public hearing.
(g) Meal Program Operating Standards (Assessor Parcel Number (APN) 030-341-013).
Any on-site meal program that is open to theeg neral public (Open Meal Program)is
an ancillary use to the emergency shelter and shall abide by the following operating
standards:
(1) Hours of operation. Open Meal Program service operating hours shall be
between 4:00 p.m. and 6:00 p.m., daily. Non-residents participants shall
vacate the site no later than 6:15 p.m.
(2) The operator shall take reason steps to prevent meal recipients for
congregating in an around the site at all times to minimize adverse impacts on
adjacent properties.
(3) Employees and Volunteers. In addition to the required staffing listed in 9-
3.504(c)(1), the Open Meal Program shall operate with a staffing ratio of one
(1) employee or trained volunteer for every ten (10)meal program
participants. The operator shall provide training to all volunteers and
employees.
(4) Outdoor Monitors. From 4:00 p.m. to 6:15 p.m. daily, the Open Meal
Program shall include a minimum of one (1) outdoor monitor to supervise
participants in the rear of the property and one (1) outdoor monitor to
supervise participants in the front of the property. Outdoor monitors shall be
considered employees or volunteers for the staffingratio atio purposes listed in 9-
3.504(h)(3).
(5) Number of participants served. The maximum number of participants in the
meal program shall not exceed eighty (80) persons served in one day. This
includes both temporary overnight residents, and non-resident participants
(general public).
(6) Participant Screening All Open Meal Program participants must be screened
b the he operator prior to admission for meal service.
(i.) No serve list maintained b.. t�perator in cooperation with the
Atascadero Police Department;
(ii.) Evaluation of on-site of behavior;
(iii.) Any additional screening tests as required by perator or City of
Atascadero.
(iv.) Random drugtesting esting and / or breathalyzer test verifing alcohol
sobriety shall be administered on an as needed basis only.
(v.) Failure by participant of any of these pre -admission screenings is
cause for denial of meal service for duration of time as determined by
Operator.
(7) Log of participants. A log of Open Meal Program _ participants is required to be
kept daily. The operator must make reasonable efforts to collect the following
information:
(i.) Legal Name.
ITEM: B-1
DATE: 9_24-13
(ii.) Date of birth.
(iii.) Housing std
(8) Review of Open Meal Program participants. The operator must make
available a log of Open Meal Program participants for periodic review by the
City
(9) Neighborhood Dispute Resolution Process. If the operator fails to follow
these operating standards or any other conditions of approval disputes
regarding such alleged violations or other impacts on the neighborhood will
be addressed as set forth in this subsection.
(i.) Aniplaints shall first be reported to the neighborhood liaison.
(ii.) If a resolution does not occur, anyplaint may be submitted as a
code violation compliant to the City.
(iii.) Repeated violations to these operating standards or the conditions of
aqpproval may result in a review of the operation of the shelter or the
Open Meal Programy the City Council. Following such review, the
City Council may amend these provisions to further regulate the
shelter and Open Meal Program, including the possible suspension or
revocation of the Open Meal Program. _
(h) Optional Conditional Use Permit (CUP). The shelter operator may pply for a CUP
to provide additional services or programs, including daytime service Programs
beyond those described in section 9-3.504(d)(1).
Chapter 9 GENERAL DEFINITIONS
9-9.101 Purpose.
This chapter defines the terms and phrases of this title that are technical or specialized or that
may not reflect common usage. This chapter defines specific land uses only when definitions
more detailed than those provided in Chapter 9-3 are needed to determine the applicability of
standards. Where any of these definitions conflict with other titles of this Code, this chapter
prevails for the purposes of this title. (Ord. 68 § 9-9.101, 1983)
9-9.102 General definitions.
Sunnortive Housing. Housing with no limit on length of stay. that is occupied by the clients of
social services, such as persons with medical or mental health conditions, and that is linked to
on- or of- side services that assist the supportive housing resident in retaining the housing
improving his or her health status, and maximizing his or her ability to lie in and, when possible,
work in the community, where no on-site medical care is provided. This definition excludes
housing for halfway houses intended for occupancy yparolees or convicted persons, children's
homes, halfway houses, rehabilitation centers, and self-help group homes.
Transitional Housing. Buildingsgured as rental housingdevelopments, but operated
under program m requirements that call for the termination of assistance and recirculation of the
assisted unit to another eligible program recipient at some predetermined future point in time,
which shall be no less than six months (Health and Safety Code 50675.2(h)). This definition
ITEM: B-1
DATE: 9-24-13
excludes housing for halfway houses intended for occupancy by or convicted persons,
children's homes, halfway houses, rehabilitation centers, and self-help group homes.
7. Establishment of a Single Room Occupancy Ordinance
Government Code Section 65583(a) requires quantification and analysis of existing and
projected housing needs of extremely low-income (ELI) households. ELI is a subset of
very low-income households and is defined as households that earn 30 percent or less of
area median income. The State requires that the City establish regulations that encourage
and facilitate the development of single -room occupancy units (SROs).
An SRO unit usually is small, between 200 to 350 square feet. These units provide a
valuable source of affordable housing and can serve as an entry point into the housing
market for formerly homeless people. Typically SRO units are created from former hotel or
motel use. As the number of reservations and overnight stays decline with hotel/motel
customers, owners turn to permanent residents that rent these rooms for longer than 30
days. After 30 days, the City may no longer collect its Transient Occupancy Tax (TOT), as
these units are considered a residence versus "transient", consistent with the City's
Municipal Code (3-3.02, Transient Occupancy Tax) and rules and regulations established
by the State Controller's Office.
At the March 2013 Planning Commission meeting, the Commission directed Staff to craft
standards for this use and also allow this use as a "conditionally allowed" use within the
Residential Multi -Family Zone (RMF), consistent with Staff's recommendation. The
Planning Commission also directed Staff to review, if any, commercial zones of this type of
use may affect and/or apply to.
The list below includes all the operating lodging facilities that are currently collecting TOT
from their overnight stay patrons and their lodging types:
Address
Business Name
Lodging Type
Zoning
9400 El Camino Real
Motel 6
Motel / Hotel
CT
3600 El Camino Real
Best Western Colony Inn
Motel / Hotel
CR
6505 Morro Road
Super 8 Motel
Motel / Hotel
CT
5323 El Camino Real
Twin Oaks Studio
Motel
CR
6895 El Camino Real
Rancho Tee Motel
Motel
DC
4900 San Palo Avenue
Mission Cottages
Motel
CT
4600 San Palo Avenue
Casa Del Sol
Motel
CT
6005 El Camino Real
Carlton Hotel
Hotel
DC
9010 West Front
Holiday Inn Express
Hotel
CT
6650 Portola Road
Portola Inn
Bed and Breakfast
LSF
5672 Rosario Avenue
Hummingbird Place
Vacation Rental
RMF -10
10275 Santa Ana Road
Lodge West
Vacation Rental
RS
6550 San Gabriel Road
N/A
Vacation Rental
RS
ITEM: B-1
DATE: 9-24-13
TOT is a key revenue source for the City. The majority of the lodging facilities are located
in the Commercial Tourist (CT) and Downtown Commercial (DC) zones. These facilities
also make up a good portion of rooms available for travelers to the City. For consistency
with the City's economic development goals and continual promotion of tourism in the City,
Staff is recommending that SROs be conditionally allowed in the following zones:
• Residential Multi -Family (RMF -10)
• Residential Multi -Family (RMF -20)
• Commercial Retail (CR)
The Planning Commission, consistent with Staff's opinion, is not recommending the
inclusion of the Downtown Commercial (DC) nor the Commercial Tourist (CT) zones at
this time.
As a part of an ordinance adoption, the City has development standards to ensure
compatibility with surrounding uses, as well as an orderly development of these uses.
Development Standards include parking requirements, minimum and maximum size of
units, common area facilities such as dining rooms, meeting rooms, etc, occupancy limits,
and on-site management.
Proposed Text Change:
9-3.223 Conditional uses.
The following uses may be allowed in the Commercial Retail Zone. The establishment of
conditional uses shall be as provided by Section 9-2.110 (Conditional use permits):
(a) Amusement services;
(b) Bar/tavern;
(c) Caretaker residence (see Section 9-6.104);
(d) Eating and drinking places with drive-through facilities;
(e) Service station (see Section 9-6.164);
(f) Public assembly and entertainment;
(g) Indoor recreation services;
(h) Animal hospitals (see Section 9-6.110);
(i) Auto repair and services (see Section 9-6.168);
(j) Churches and related activities (see Section 9-6.121);
(k) Food and kindred products (see Section 9-6.128);
(1) Pipelines;
(m)Outdoor recreation services (see Section 9-6.123);
(n) Sports assembly;
(o) Transit stations and terminals;
(p) Kennels (see Section 9-6.111);
(q) Vehicle and equipment storage (see Section 9-6.183);
(r) Auto dealers (new and used) and supplies (see Section 9-6.163);
(s) Personal services—Restricted. (Ord. 552 § 2, 2010; Ord. 473 § 2, 2005; Ord. 364 § 2,
Exh. B, 1999; Ord. 310 § 3, Exh. B, 1996; Ord. 68 § 9-3.223, 1983)
ITEM: B-1
DATE: 9_24-13
u) Single Room Occupancv unit (see Section 9-6.184
9-6.184 Single Room Occupancy Units (SRO)
This section applies to single room occupancy (SRO) units, which is a structure that provides
separate, single room, residential living units with no on -premise residential medical care. Units
within the structure may have individual bathroom facilities. shared bath or toilet facilities for
the residents, or any combination thereof.
(a) Development Standards. Each single -room occupancy facility shall comply with all
qpplicable development standards in the zoning district where it is located. In
addition, the following use -specific standards shall apply:
(1) Parking Requirements. 1 space per 4 units, 1 space per employee and additional V2
space for every 2 units for visitor parking. Parking requirements may be modified
by the Planning Commission.
(2) Unit size. Minimum size of a unit shall be 200 square feet with the maximum
size no ereater than 350 sauare feet. Room calculation shall include bathroom
and/or kitchen facilities.
(3) Common area. A minimum of 10 square feet for each unit or 250 square feet,
whichever is greater, shall be provided for a common area. All common area shall
be within the structure. Dining rooms, meeting rooms, recreational rooms, or
other similar areas approved by the Community Development Director may be
considered common areas. Shared bathrooms and kitchens shall not be considered
as common areas.
(4) Occupancy limitations. No more than one person shall occupy a single -room
occupancy unit.
(5) Onsite management. A 24-hour resident manager shall be provided for any single -
room occupancy facility with five (5) or more units.
(6) Facilities. The following are facility standards for SRO developments:
i. Kitchen. Each unit shall be provided at minimum, a kitchen sink serviced
with hot and cold water, aag rbage disposal and a counter top measuring a
minimum of 18 inches wide by 24 inches deep. A complete kitchen
facility available for residents shall be provided on each floor of the
structure. if each individual unit is not provided with a minimum of a
refrigerator and a microwave oven.
ii. Bathroom. Each unit shall have a private toilet in an enclosed
compartment with a door. This compartment shall be a minimum of 15
square feet. If private bathing facilities are not provided for each unit,
shared shower or bathtub facilities shall be provided at a ratio of one for
every seven units or fraction thereof. The shared shower or bathtub facility
shall be on the same floor as the units it is intended to serve and shall be
accessible from a common area or hallway. Each shared shower or bathtub
facility shall be provided with an interior lockable door. Common area
bathroom facilities shall comply with adopted California Building Permit
Standards at the time of permit issuance.
ITEM: B-1
DATE: 9-24-13
iii. Closet. A closet shall be provided for each unit and shall be a minimum
six square feet.
(b) Notwithstanding the provisions of Section 9.7-108, existing nonconforming structures
currently in use for single -room occupancy in zoning districts where the use is
permitted may be altered to comply with the following single -room occupancy
residential development standards without obtaining a Conditional Use Permit.
9-9.102 General definitions.
Single -Room Occupancy Unit (SRO). A structure that provides separate, single room,
residential living units with no on -premise residential medical care. Units within the structure
may have individual bathroom facilities, shared bath or toilet facilities for the residents, or anX
combination thereof. SRO may include structures commonly called rooming houses or boarding
houses. SRO facilities shall not be aged restricted. Age restricted SRO facilities shall be
considered a Residential Care Facility for the Elderly (RCFE).
Proposed Environmental Determination
The California Environmental Quality Act (CEQA) (Section 15061.(3) Review for
Exemption) exempts activities which are covered by the general rule that CEQA applies
only to projects which have the potential for causing a significant effect on the
environment. The proposed Text Amendment will not have any significant adverse
environmental impacts associated with this project application.
Conclusion:
While the City has some latitude in the language of these proposed ordinances, not
adopting the proposed ordinances will cause the City additional Staff time and expenses
for the 2014-2021 Housing Element Update Cycle. The State has implemented a
"Streamlining" review for housing element updates for the 2014-2021 Housing Element
adoption cycle. This "streamline" review would review only changes made in the
Housing Element, and not review areas that have not been changed since its content
would continue to be sufficient to meet the requirements established by the Housing
and Community Development (HCD) department. These proposed ordinances, if
adopted, would make the City in substantial compliance with State Housing Law. This is
a requirement for the City to qualify for "streamline" review, thus reducing the cost to the
City in updating the required Housing Element in 2014.
In addition, Staff has reviewed the City's Zoning Ordinance, particularly the residential
code portion. Planning Commission recommends to the City Council an overhaul of this
portion of the code for consistency with the Council's 2013 Strategic Goal of promoting
common sense regulation and reform. If the Council approves the Zoning Ordinance
revisions to the land use definition and new zoning matrix, Staff will bring similar
revisions to the non-residential portion within the next year.
ITEM: B-1
DATE: 9_24-13
FISCAL IMPACT:
There is no projected fiscal impact with the proposed changes to the City's Zoning
Ordinance.
ALTERNATIVES:
1. The Council could include mandatory review dates or sunset dates into the Open
Meal Program conditional use permit requirements as part of Draft Ordinance 13-
1.
2. Instead of Draft Ordinance B-1, the Council may introduce Draft Ordinance B-2
for first reading, by title only, to approve PLN 2011-1417 (Zone Text Change
ZCH 2011-0163) approving an emergency shelter ordinance in a site specific
location and allow for an open meal program as a "by right" use within the
proposed draft ordinance.
3. The Council may make minor modifications to the proposed text Amendments to
the City Council.
4. The City Council may determine that more information is needed on some aspect
of the proposed amendments and may refer the item back to staff to develop the
additional information. The Council should clearly state the type of information
that is required and move to continue the item to a future date.
5. The Council may deny the proposed amendments. The Council should specify
the reasons for denial and recommend an associated finding with such action.
ITEM: B-1
DATE: 9_24-13
ATTACHMENTS:
Attachment 1:
Site Location — Proposed Emergency Shelter (ES) Overlay Site
Attachment 2:
HCD — SRO information
Attachment 3:
HCD — SB -2 Technical Document
Attachment 4:
Draft Ordinance A
Attachment 5:
Draft Ordinance B-1
Attachment 6:
Draft Ordinance B-2
Attachment 7:
Draft Ordinance C
Attachment 8:
Correspondence from Workforce Housing Coalition of SLO
ITEM: B-1
DATE: 9_24-13
ATTACHMENT 1: Site Location - Emergency Shelter Overlay Site
ITEM: B-1
DATE: 9_24-13
ATTACHMENT 2: HCD SRO Information
Zoning For a Variety of Housing Types 4.Preftu5 Next♦
Skip To. Requisite Analysis I Emergency Shelters I Transitional Housing I Supportive Housing I Farmworker Housing I Mobilehomes and Factory -Built
Housing l Multifamily Rental Housing I Single -Room Occupancy (SRO) Units I SB2 Requirements I Helpful Hints l Sample Analyses l Links l
Last Updated 5/6/2010
Government Code Section 65583 requires the housing element to shall identify adequate sites for a variety of housing types including multifamily rental
housing, factory -built housing, mobilehomes, housing for agricultural employees, supportive housing, single -room occupancy units, emergency
shelters, and transitional housing.
Government Code Section 65583(a)(4) and requires the identification of a zone or zones where emergency shelters are allowed as a permitted use
without a conditional use or other discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for
emergency shelters identified in paragraph (7) of Government Code Section 65583(a), except that each local government shall identify a zone or zones
that can accommodate at least one year-round emergency shelter. Government Code Section 65583(c)(1) requires As part of the analysis of available
sites, a jurisdiction must include an analysis ofzoning that encourages and facilitates a variety of housing types... including emergency shelters and
transitional housing."
Providing development opportunities for a variety of housing types will promote diversity in housing price, style and size, and contributes to neighborhood stability by
offering more affordable and move -up homes and accommodating a diverse income mix -
Single -Room Occupancy (SRO) Units
SROs can provide a valuable form of affordable private housing for lower- income individuals, seniors, and persons with disabilities. An SRO unit usually is small,
between 200 to 350 square feet. These units provide a valuable source of affordable housing and can serve as an entry point into the housing market for formerly
homeless people.
Many older SROs have been lost due to deterioration, hotel conversions, and demolition. Therefore, in addition to identifying zoning and development standards that
will allow and encourage the construction of new SROs, local governments should consider including program actions in their housing elements that committo
preserving and rehabilitating existing residential hotels and other buildings suitable for SROs. Other implementation actions that would encourage both the
development of new SROs and the preservation of existing opportunities include:
• Zoning and permit procedures- The element could include a program action that commits the local government to amending their zoning and building codes,
and permitting procedures to facilitate and encourage new SRO construction. A more streamlined entitlement process helps in providing greater predictability
in the approval and development of new SROs. In terms of preservation, local governments could include programs to promote the rehabilitation of older
(structurally sound) buildings located in appropriate areas, rather than demolition.
• Provide regulatory and fiscal assistance. The element could include a program action that commits the local government to providing funding sources and
regulatory relief to assist non-profit developers in constructing and preserving SRO facilities.
• Implement educational programs. Include a program to outreach to neighborhood groups, stakeholders, advocates, and local businesses regarding the
advantages of providing opportunities for new construction and preservation of SROs.
ITEM: B-1
DATE: 9-24-13
ATTACHMENT 3: SB -2 Technical Documents
Chapter 633, Statutes of 2007 (SB 2) -
Identifying and Analyzing Needs and Resources
Current law, Government Code Section 65583(a)(7), requires an identification and analysis
of the needs of homeless persons and families. The analysis is an essential component of
an effective housing element; however data sources can be limited and vary in estimates of
need. As a result, an analysis should consider a variety of data sources and include
proactive outreach with service providers to examine the degree and characteristics of
homeless needs in the community and surrounding communities. A thorough analysis
includes:
• An estimate or count of the daily average number of persons lacking shelter.
Wherever possible, and to better describe the characteristics of needs, this
figure could be divided into single males, single females and families (one or
more adults with children) as the needs of each subgroup differ significantly.
• As local data or other existing sources permit (see list below), a description of
the percentage of the homeless population who are mentally ill, developmentally
disabled, veterans, runaway or emancipated foster youth, substance abusers,
survivors of domestic violence, and other subpopulations of homeless
considered significant by the jurisdiction.
• An inventory of the resources available within the community including shelters,
transitional housing and supportive housing units by type. The analysis should
estimate the number and type of existing shelter beds, and units of transitional
and supportive housing available.
• Assess the degree of unmet homeless needs, including the extent of need for
emergency shelters. As part of this analysis, SB 2 now clarifies the need
assessment for emergency shelters must consider seasonal and year-round
need. In recognition of local efforts to encourage supportive housing, SB 2
allows jurisdictions with 10 Year Plans to End Chronic Homelessness to reduce
the need for emergency shelters by the number of supportive housing units
identified in an adopted 10 -year plan and that are either vacant or funding has
been identified to allow construction in the housing element planning period.
Resources to identify and analyze homeless needs, include:
• Consolidated plans
• Continuum of care plans
• 10 Year Plans to End Chronic Homelessness
• Interagency Council on Homelessness, Guide to Developing Plans and
Examples(http://www.ich.pov/slocal/index.hfm�
State Department of Housing -7- May 2008
and Community Development
ATTACHMENT 3: SB -2 Technical Documents
ITEM: B-1
DATE: 9_24-13
Chapter 633, Statutes of 2007 (SB 2) -
Local service providers such as continuum of care providers, local homeless
shelter and service providers, food programs, operators of transitional housing
programs, local drug and alcohol program service providers, county mental
health and social service departments, local Salvation Army, Goodwill Industries,
churches and schools, and
15 countywide Designated Local Boards certified by the Department's
Emergency Housing and Assistance Program
(http://www. hcd. ca. go v/fa/ehaA/cntys-with-dlb. htm�.
Identifying Zoning for Emergency Shelters
Prior to enactment of SB 2, housing element law required local governments to identify
zoning to encourage and facilitate the development of emergency shelters. SB 2
strengthened these requirements. Most prominently, housing element law now requires the
identification of a zone(s) where emergency shelters are permitted without a conditional use
permit or other discretionary action. To address this requirement, a local government may
amend an existing zoning district, establish a new zoning district or establish an overlay zone
for existing zoning districts. For example, some communities may amend one or more
existing commercial zoning districts to allow emergency shelters without discretionary
approval. The zone(s) must
provide sufficient
opportunities for new
emergency shelters in the
planning period to meet the
need identified in the
analysis and must in any
case accommodate at least
one year-round emergency
shelter (see more detailed
discussion below)._
When identifying a zone or
analyzing an existing zone
for emergency shelters, the Cloverfield Services Center— Emergency Shelter by OPCC in Santa Monica, CA
element should address the Photo courtesy of OPCC in Santa Monica
compatibility and suitability of the zone. The element should consider what other uses are
permitted in the zone and whether the zone is suitable for residential or emergency shelters.
For example, an industrial zone with heavy manufacturing may have environmental
conditions rendering it unsuitable for residential or shelter uses. In some localities,
manufacturing or industrial zones may be in transition, where older industrial uses are
redeveloping to residential, office or commercial. Transitioning zones may be compatible
State Department of Housing -8- May 2008
and Community Development
ATTACHMENT 3: SB -2 Technical Documents
ITEM: B-1
DATE: 9_24-13
Chapter 633, Statutes of 2007 (SB 2) -
with residential uses and suitable for emergency shelters. Also, a commercial zone allowing
residential or residential compatible services (i.e., social services, offices) would be suitable
for shelters. For example, Sacramento County permits emergency shelters in its commercial
zone along with other residential uses and uses such as retail that are compatible with
residential.
SB 2 clarifies existing law by requiring zoning identified for emergency shelters to include
sufficient capacity to accommodate the need. The identified zone(s) must have sufficient
capacity, when taken as a whole, to meet the need for shelters identified in the housing
element, and have a realistic potential for development or reuse opportunities in the planning
period. Further, capacity for emergency shelters must be suitable and available and account
for physical features (flooding, seismic hazards, chemical contamination, other environmental
constraints, and slope instability or erosion) and location (proximity to transit, job centers, and
public and community services). The element should also address available acreage (vacant
or underutilized) and the realistic capacity for emergency shelters in the zone. For example,
if a jurisdiction identifies the public institution zoning district as the zone where emergency
shelters will be allowed without a conditional use permit, the element should demonstrate
sufficient acreage within the zoning district that could accommodate the actual development
of an emergency shelter. The element could also discuss the potential for reuse or
conversion of existing buildings to emergency shelters.
SB 2 ensures that each local government shares the responsibility to provide opportunities
for the development of emergency shelters. Regardless of the extent of need identified in
the element, local governments must provide zoning to allow at least one year round
emergency shelter, unless the need for emergency shelters is accommodated through
existing shelters or a multi -jurisdictional agreement (see discussion below). This is especially
important given the fact that the homeless population is not always visible in the community,
is sometimes transitory, data resources are frequently inadequate and the availability and
adequacy of services and programs vary significantly by community and can impact the
homeless count.
If a local government's existing zoning does not allow emergency shelters without a
conditional use permit or other discretionary action, the housing element must include a
program to identify a specific zone(s) and amend the zoning code within one year of adoption
of the housing element (65583(a)(4)). The only exceptions permitted to the non -discretionary
zoning requirement are where a jurisdiction demonstrates their homeless needs can be
accommodated in existing shelters, or where the jurisdiction meets all of its need through a
multi -jurisdictional agreement (discussed in later sections).
Where a local government has identified a zone and sufficient capacity to encourage
emergency shelters consistent with the provisions of SB 2, a local government may also
identify additional zones for the development of emergency shelters that require a conditional
use permit.
State Department of Housing -9- May 2008
and Community Development
ITEM: B-1
DATE: 9_24-13
ATTACHMENT 3: SB -2 Technical Documents
Chapter 633, Statutes of 2007 (SB 2) -
Permitting Emergency Shelters without Discretionary Action
To comply with SB 2, localities must have or adopt a zoning classification that permits
emergency shelters in a non -discretionary manner (localities may however apply
development standards pursuant to Section 65583(a)(4)). In such zones, permitted uses,
development standards and permit procedures must include:
Objective development standards that encourage and facilitate the approval of
emergency shelters.
Decision-making criteria such as standards that do not require discretionary
judgment.
Standards that do not render emergency shelters infeasible, and only address
the use as an emergency shelter, not the perceived characteristics of potential
occupants.
Requiring a variance, minor use permit, special use permit or any other discretionary process
does not constitute a non -discretionary process. However, local governments may apply
non -discretionary design review standards.
Emergency Shelter — Jackson, California
Photo courtesy ofAmador-Tuofutnne CofitnunityAction
A local government should not require public
notice of its consideration of emergency shelter
proposals unless it provides public notice of
other non -discretionary actions. For example, if
a local government permits new construction of
a single-family residence without discretionary
action and public notice is not given for these
applications, then a local government should
employ the same procedures for emergency
shelter applications. The appropriate point for
public comment and discretionary action is
when zoning is being amended or adopted for
emergency shelters, not on a project -by -project
basis.
Development Standards to Encourage and Facilitate Emergency Shelters
SB 2 requires that emergency shelters only be subject to those development and
management standards that apply to residential or commercial use within the same zone,
except the local government may apply certain objective standards discussed on the next
page (Government Code Section 65583(a)(4)). For example, a light commercial zone might
permit a range of wholesaler, service repair and business services subject to buildable area
and lot area requirements. In this case, the emergency shelter may be subject only to the
same buildable area and lot area requirements. The same zone might permit residential
uses subject to certain development standard (i.e., lot area, heights, and setbacks)
requirements. In this case, emergency shelters should only be subject to the same
development standards.
State Department of Housing _10- May 2008
and Community Development
ITEM: B-1
DATE: 9_24-13
ATTACHMENT 3: SB -2 Technical Documents
Chapter 633, Statutes of 2007 (SB 2) -
To demonstrate that processing procedures and standards are objective and encourage and
facilitate development of emergency shelters, the housing element must address how:
• zoning explicitly allows the use (meaning the use is specifically described in the
zoning code);
• development standards and permit procedures do not render the use infeasible;
• zoning, development and management standards, permit procedures and other
applicable land -use regulations promote the use through objective; and
predictable standards.
SB 2 allows flexibility for local governments to apply written, objective development and
management standards for emergency shelters as described in statue and below.
• The maximum number of beds or persons permitted to be served nightly by the
facility.
• Off-street parking based upon demonstrated need, provided that the standards
do not require more parking for emergency shelters than for other residential or
commercial uses within the same zone.
• The size and location of exterior and interior on-site waiting and client intake
areas.
• The provision of on-site management.
• The proximity to other emergency shelters
provided that emergency shelters are not
required to be more than 300 feet apart.
• The length of stay.
• Lighting.
• Security during hours that the emergency
shelter is in operation.
These standards must be designed to encourage
and facilitate the development of, or conversion
to, an emergency shelter. For example, a
standard establishing the maximum number of
beds should act to encourage the development of
an emergency shelter; local governments should
establish flexible ranges for hours of operation;
length of stay provision should be consistent with
financing programs or statutory definitions limiting
occupancy to six months (Health and Safety Code
Section 50801) and should not unduly impair
shelter operations. Appropriate management
standards are reasonable and limited to ensure the operation and maintenance of the
property.
State Department of Housing _11- May 2008
and Community Development
ATTACHMENT 4: Draft Ordinance A
DRAFT ORDINANCE A
ITEM: B-1
DATE: 9-24-13
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
APPROVING ZONE TEXT CHANGE T CHANGE 2011-0163 AMENDING
TITLE 9 OF THE ATASCADERO MUNICIPAL CODE
PLN 2011-1417/ZCH 2011-0163
(Citywide/City of Ataseadero)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from the City of Atascadero (6907 El
Camino Real, Atascadero CA 93422), to consider Zone Change Text Amendments regarding the
revisions and reorganization of Article 3 into Residential Zoning Districts; revisions to the
Residential Multi -Family Density standards; introduction of a residential district allowable uses
matrix; Reserving Articles 4, 5, and 6 for future uses; inclusion of new conditionally allowed
residential uses and revised land use definitions in the Commercial Neighborhood (CN),
Commercial Retail (CR) and Commercial Park (CP) zones, revision and additions of land use
descriptions in Article 29; additions to the land use descriptions in Article 29 for code
consistency purposes; revisions to Article 13, Downtown Zone -1 PC (Pedestrian Commercial)
Zone for consistency with revised land use definitions; introduction of Article 30, Density
Bonus, for consistency with State Housing Law; additions to section 9-102 General definitions
for consistency with proposed ordinances; introduction of Chapter 13, Reasonable
Accommodations for consistency with State and Federal Housing and Disability law; and
WHEREAS, a Notice of Exemption was prepared for the project and made available for
public review in accordance with the requirements of the California Environmental Quality Act
(CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to Title 9 Planning and Zoning of the Municipal Code; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and
Zoning Text Change application was held by the Planning Commission of the City of Atascadero
at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and
Zoning Text Amendments; and,
ITEM: B-1
DATE: 9-24-13
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on June 18, 2013, studied and recommended PLN 2011-1417/ZCH 2011-0163 for approval;
and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on September 24, 2013 studied and considered Zone Change 2011-0163; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1: Title 9 of the Atascadero Municipal Code is amended to read as
follows:
Article 3. Residential Zoning Districts
9-3.141 Purpose — Residential Suburban) Zone
This zone is established to provide for large lot residential uses in areas outside the urban
services line or in other areas where large lots are desirable to protect land uses and buildings
subject to inundation, steep slopes or other hazards. (Ord. 68 § 9-3.141, 1983)
The follev�,ifig
allowable ttses
(a) Fafm
shall
animal
ttses shall
be . pfovided
raising
be allowed
by
(see Seetion
in the
Seetions
9
Residential
n 2.108
6. W-2)-,
Sttbufkm
an 9 2.109:
Zone. The establishment of
(hareme
oeeupaiens-(see
Seetion
9-66.105T
(e) Residential
aeeessoi'-y
uses
(see Seetion
9 6.106);
(u-) Single
family
&,el'M
(e) iobilehoi
e dwelling
(see
Seetion
9 614
()r€fn3ofar-y
&,el
(see Seetion
76T
CgI�empo
o -r seasonalr
retail
sales
(see Seetion
9 6.174);
9 6.116__
T
(i) Golleetion
station (see
Seetion
9
,
(see Seetion
9 6.134);
(k) Resideflfial
eafe, wher-e
the
number-
of fesidents
under-
eafe is six (6) or- fewer- (see
Seetion n ti 135);
(1) Air
ural taeeessor-y
uses
(seen
6.1109);
C
s
ITEM: B-1
DATE: 9_24-13
> >
liquefied
,-tett-.,lett,~, g of liquefied , atti,-.,1 g
(o) Temporary events (see Seetion 9 6.177+,
(p) Aeeessor-y storage (see Seetion 9 6.10-3*,
(q) Roadside stands (see See
(r) SeEendary residential (see Chapter 5). (n, -a n 5q 3 , 2004; Or 68 § o 3.14 2,
4-"
(d) Mob lehome
developments
(see ceetio
9 6.143);
(e) Ru --al eAs
and
,
p foe
l;t;es (see ceetio,,
9 6.1-24,
(g) Animal hospitals
(see
Seetion
9 6.1 W*,
(h) Skilled atir-sing
faoility,
where
the number
of
residents
unde-F ear
-e is gt:eater- than six
(6) (see Qeetion 9 6. 1
W,
(i) Residential
eafe,
where
the
number- of fesidents
tiodef
eafe is
greater- than six (6)
;
pipelines,
where
pipelines
afe not below
the
stir-faee
a -Rd where
pipelines are used to
gasoline,0)
emde
oil,
> liquefied
tett-,,lett,,, g t - liquefied
n tttt•.,1
g
(k) Livestoek
sp;✓eialties
(see
Qeetion 9 6.115);
(1) Bed and breakfast;
(o)—Cal=e%aker-
r-esidelie€(see
Seet16n
(q) Or-ganizational
houses;
Ll�i?
(r -)P7 'tf9ie77�,
ektrrf:aet��i��on„
(see
(
Seeti0-4
3� �
,,
(
ITEM: B-1
DATE: 9_24-13
(t) The following uses
(1) Broadeasting studios,
wetv
established in
a residential struetur-e of historieal importanee�L.
(2 Business support ery
0.25
ee-R,-
0.30
(3) Libm6es and museums
0.40
14,000' 16,000'
0.50
(4),_ffiees,
0.60
18,000' 20,000'
0.75
(5) Personal serviees,
0.90
(6) ceh,,businessanC
vocational.(n„a
68 § a 3z43, 1993)
9-3.144 142 Lot size — RS Zone.
The minimum lot size in the Residential Suburban Zone shall be two and one-half (2'/2) acres and
may range up to ten (10) acres depending upon conformance with performance standards
established in this section.
(a) Performance Standards. The following performance standards shall be evaluated for each
lot in determining its minimum lot size:
(1) Distance from the Center of the Community. Using the Atascadero
Administration Building as the center of the community, the lot size factor based
on this performance standard shall be:
Distance*
Lot Size Factor
0 8,000'
0.20
8,000' 10,000'
0.25
10,000' 12,000'
0.30
12,000' 14,000'
0.40
14,000' 16,000'
0.50
16,000' 18,000'
0.60
18,000' 20,000'
0.75
20,000'+
0.90
* To be measured as radial distance using map maintained in Planning Department.
(2) Septic Suitability. Using generalized soils data from the Soil Conservation
Service Reports, the lot size factor based on this performance standard shall be:
SCS Rating*
Lot Size Factor
Well suited
0.50
Moderate
0.75
Slow
1.00
Severe
1.50
ITEM: B-1
DATE: 9-24-13
* Refer to map maintained in Community Development Department.
Percolation tests may be substituted for the Soil Conservation Service Reports. These
shall be prepared by a registered civil engineer or licensed sanitarian. The following conversion
chart shall be used to determine the appropriate lot size factor:
Percolation Rating
Minutes Per Inch
Well suited
Less than 20
Moderate or slow
20 to 39
Slow
40 to 59
Severe
Greater than 60
(3) Average Slope. Using the Basic, Sectional or Contour Measurement Method, the
lot size factor based on this performance standard shall be:
Slope
Lot Size Factor
0-10%
0.50
11-20%
0.75
21 25%
1.00
26-30%
1.25
31 35%
1.75
36-40%
2.00
40%+
2.25
(4) Condition of Access. Using the road right-of-way with the shortest accessible
distance between a lot and an improved collector road, the lot size factor based on
this performance standard shall be:
Condition
Lot Size Factor
City accepted road
0.40
Paved road, less than 15% slope
0.40
Paved road, greater than 15% slope
0.50
All-weather road less than 15% slope
0.75
All-weather road greater than 15% slope
1.00
Unimproved road less than 15% slope
1.25
Unimproved road greater than 15% slope
1.50
ITEM: B-1
DATE: 9-24-13
(5) General Neighborhood Character. Using the average lot size of existing lots
which are zoned for single-family residential use (except that lots larger than
fifteen (15) acres shall be excluded unless they constitute more than twenty-five
percent (25%) of the total number of lots) within a one thousand five hundred
(1,500) foot radius, the minimum lot size factor based on this performance
standard shall be determined by multiplying the average lot size by 0.2.
(b) Determination of Minimum Lot Size. The minimum lot size shall be determined by the
sum of each of the lot size factors for the performance standards set forth in subsection
(a) of this section.
(1) The most current information shall be used to determine the lot size factor. Where
information is not available, the Planning Director shall determine which lot size
factor shall apply.
(2) If more than one (1) lot size factor can be applied to a lot, the less restrictive
factor shall be used.
(3) Lot size factors shall be based on conditions in existence at the time of filing an
application unless information is included with the application which will alter a
lot size factor. (Ord. 113 § 2, 1985; Ord. 68 § 9-3.144, 1983)
Article 4. Reserved
9-3.151 Purpose — RSF (Residential Single Family) Zone.
This zone is established to provide for single family residential areas within the urban services
line. (Ord. 68 § 9-3.151, 1983)
9- 3.152 Allowable uses-.
The following uses shall be allowed in the ResidefAial Single Fafni4y Zone. The establishment o
allowable ti.es shall be as provided by Seetions 9 2. 109 and 9 2.109!
(a) Faiqn animal -nisi ig (see Seetioa 9 6.1 1 2)-;
(b)Romeoccupations (see eetio" 9
(e) RestdefAiali-aeeesser—y uses (seeveeti6"
(d) Single family dwelling;
(e) TN4 tl4ehame dwelling (seeSeetion 9 142T
(t� Tempvrary=dwelling(seeSeetion 9
(g) Aeeessei=storage (seeSeeti6
OG6neetion station (see Seetion 9 6.130);
(i) Skilled i+ur-sin f4eility where the i+umber- of residents tmder- ear -e is six (6) of fewepfsee
Seetio 9 124);
,
v.j
;
(m) Roadside stands (see Seetio 9 6.117);
;
ITEM: B-1
DATE: 9_24-13
.esuss�sfrs+snsa�eeseta��sa. ._Mm.IT�r�R�e=.7�T�>.�•�: . . • i
(b) S
(eWbilelofne
s'l (see
SeEtre„ 9
developments
(seeueetien 9 6.14
(d) Skilled
nursing
facility, where
the number- of residents under- care is gr-eatef than six (6) (see
Sectio 9 6.134);
(e) Residential
eafe, where the
atimber- of r-esidents tinder eafe is gfea4er- than si* (6) (see Seetion 9
6
• •i
(k) Kennels (see Seetion 9 6.1 ,
Z 1C1C2�3)
9-3.1-54 LU Minimum lot size — RSF Zone
The minimum lot size in the Residential Single Family Zone shall be one-half (1/2) acre and may
range up to two and one-half (2 1/2) acres. The size of a lot shall be consistent with the land use
designation set forth in the General Plan and shall be indicated by the symbols set forth in the
following chart, which shall be shown on the official zoning maps as provided by Section 9-
3.104(d).
Symbol
Minimum Lot Size
X
One-half (1/2) acre net area (excluding land needed for street rights-
of-way whether publicly or privately owned).
ITEM: B-1
DATE: 9_24-13
Symbol
Minimum Lot Size
Y
One (1) acre gross area.
Z
One and one-half (1 1/2) to two and one-half (2 1/2) acres gross based
on performance standards set forth in this section.
(a) Performance Standards. The following performance standards shall be evaluated for each
lot which is appended with the "Z" symbol in determining its minimum lot size:
(1) Distance from the Center of the Community. Using the Atascadero
Administration Building as the center of the community, the lot size factor based
on this performance standard shall be:
Distance*
Lot Size Factor
0-4000'
0.08
4000'-6000'
0.10
6000'-8000'
0.12
* To be measured as radial distance using map maintained in the Planning Department.
(2) Septic Suitability. Using generalized soils data from the Soil Conservation
Service Reports, the lot size factor based on this performance standard shall be:
SCS Rating*
Lot Size Factor
Well suited
0.30
Moderate or slow
0.50
Severe
0.70
*Refer to map maintained in Community Development Department.
Percolation tests may be substituted for the soil conservation service reports. These shall be
prepared by a registered civil engineer or licensed sanitarian. The following conversion chart
shall be used to determine the appropriate lot size factor:
Percolation Rating
Minutes Per Inch
Well suited
Less than 20
Moderate
20 to 39
Slow
40 to 59
Severe
Greater than 60
ITEM: B-1
DATE: 9-24-13
(3) Average Slope. Using the basic, sectional or contour measurement method, the lot
size factor based on this performance standard shall be:
Slope
Lot Size Factor
0-20%
0.30
21-30%
0.50
31%+
0.70
(4) Condition of Access. Using the road right-of-way with the shortest accessible
distance between a lot and an improved collector road, the lot size factor based on
this performance standard shall be:
Condition
Lot Size Factor
Paved with slope of less than 15% or City -accepted
0.15
Paved with slope of greater than 15%
0.20
All-weather surface with slope of less than 15%
0.25
All-weather surface with slope of greater than 15%
0.30
Unimproved surface
0.40
(5) General Neighborhood Character. Using the average lot size of existing lots
(except that lots larger than five (5) acres shall be excluded unless they constitute
more than twenty-five percent (25%) of the total number of lots) within a one
thousand (1,000) foot radius, the minimum lot size factor based on this
performance standard shall be determined by multiplying the average lot size by
zero point two (0.2).
(b) Determination of Minimum Lot Size. The minimum lot size shall be determined by the
sum of each of the lot size factors for the performance standards set forth in subsection
(a) of this section.
(1) The most current information shall be used to determine the lot size factor. Where
information is not available, the Planning Director shall determine which lot size
factor shall apply.
(2) If more than one (1) lot size factor can be applied to a lot, the less restrictive
factor shall be used.
(3) Lot size factors shall be based on conditions in existence at the time of filing an
application unless information is included with the application which will alter a
lot size factor. (Ord. 524 § 2, 2008; Ord. 412 § 3, 2003; Ord. 184 § 2, 1989; Ord.
175 § 2, 1988; Ord. 154 § 2, 1987; Ord. 152 § 2, 1987; Ord. 145 § 3, 1987; Ord.
113 § 2, 1985; Ord. 68 § 9-3.154, 1983)
ITEM: B-1
DATE: 9_24-13
9-3.161 Purpose — LSF (Limited Single Family Residential) Zone.
This zone is established to provide for single-family residential areas within the urban services
line where the raising of farm animals would not be allowable. (Ord. 68 § 9-3.161, 1983).
9 3.162 Allowable usesw
The following ttses shall be allowed in the Limited Single Family Residential Zone. The
establishment of allowable tises shall be as pr-ovided by Seetions 9 2.108 and 9 2.1
,
(b) Residential aeeesser-y 9 6.106);
(e) Single family dwelling;
(d) Mobilerl'rome dv�`elcllifig (see Seetion 9 6.142);
(e) Temporary dwelling (seeSeetion 9 6.1
(f) Aeeessor-y storage (see Seetion 9 6.4 0-3*,
(g)—C a1n1eetie�station �eetie�9 ti 1 zmT.
(h) Skilled titit!sing facility, wher-e the number of fesidents Under care is six (6) of! fewet!
(seeSeetion °rr9-6 134);
n6
0) Utility transmission f4eikie-s-,-
(k) Temporary eVefi s(seeSeetie 6.177+,
(1) Seeottdar-y Residential Units (see Chaptef 5). (Ofd. 454 § > ;
4J"
;
(e) Residential
eme, wheFe
the number-
of fvsidetits undeF
eafe is gr-eatef: than six (6) (see
;
(f) Organizzational-hotises
(g`)
(h) Bed and breakfast;
(i)—Caretaker- r-eSfdenee
(see Section 9 6.
WT
ITEM: B-1
DATE: 9-24-13
iff1poftane-e-i
() Br -o deasting studios,
Minimum Lot Size
Symbol
0.08
(2) Business suppoft setwiee-s-,
One-half (1/2) acre net area (excluding land needed for street rights-of-way
6000'-8000'
whether publicly or privately owned).
�() T ;l.f v;es and ,v, o
3
One (1) acre, when sewers are available.
n,
One and one-half (11/2) acres, when sewers are not available.
(4) Offiees,
One and one-half (11/2) to two and one-half (21/2) acres based on performance
standards set forth in this section.
(6) cehool Business
and
voeatio .,l (O -,a
68 § n 2.163,—Trow
9-3.4764M Minimum lot size —LSF Zone.
The minimum lot size in the Limited Residential Single Family Zone shall be twenty thousand
(20,000) square feet with sewer, one-half (1/2) acre where sewer is not available and may range
up to two and one-half (21/2) acres. The size of a lot shall be consistent with the land use
designation set forth in the General Plan and shall be indicated by the symbols set forth in the
following chart, which shall be shown on the official zoning maps as provided by Section 9-
3.104(d).
(a) Performance Standards. The following performance standards shall be evaluated for each
lot which is appended with the "Z" symbol in determining its minimum lot size:
(1) Distance from the Center of the Community. Using the Atascadero
Administration Building as the center of the community, the lot size factor based
on this performance standard shall be:
Distance*
Minimum Lot Size
Symbol
0.08
X
One-half (1/2) acre net area (excluding land needed for street rights-of-way
6000'-8000'
whether publicly or privately owned).
Y
One (1) acre, when sewers are available.
One and one-half (11/2) acres, when sewers are not available.
Z
One and one-half (11/2) to two and one-half (21/2) acres based on performance
standards set forth in this section.
(a) Performance Standards. The following performance standards shall be evaluated for each
lot which is appended with the "Z" symbol in determining its minimum lot size:
(1) Distance from the Center of the Community. Using the Atascadero
Administration Building as the center of the community, the lot size factor based
on this performance standard shall be:
Distance*
Lot Size Factor
0-4000'
0.08
4000'-6000'
0.10
6000'-8000'
0.12
* To be measured as radial distance using map maintained in the Planning Department.
(2) Septic Suitability. Using generalized soils data from the Soil Conservation
Service Reports, the lot size factor based on this performance standard shall be:
ITEM: B-1
DATE: 9_24-13
SCS Rating*
Lot Size Factor
Well suited
0.30
Moderate or slow
0.50
Severe
0.70
* Refer to map maintained in Community Development Department.
Percolation tests may be substituted for the Soil Conservation Service Reports. These shall be
prepared by a registered civil engineer or licensed sanitarian. The following conversion chart
shall be used to determine the appropriate lot size factor:
Percolation Rating
Minutes Per Inch
Well suited
Less than 20
Moderate
20 to 39
Slow
40 to 59
Severe
Greater than 60
(3) Average Slope. Using the Basic, Sectional or Contour Measurement Method, the
lot size factor based on this performance standard shall be:
Slope
Lot Size Factor
020%
0.30
2130%
0.50
31%+
0.70
(4) Condition of Access. Using the road right-of-way with the shortest accessible
distance between a lot and an improved collector road, the lot size factor based on
this performance standard shall be:
Condition
Lot Size Factor
Paved with slope of less than 15% or City -accepted
0.15
Paved with slope of greater than 15%
0.20
All-weather surface with slope of less than 15%
0.25
All-weather surface with slope of greater than 15%
0.30
Unimproved surface
0.40
ITEM: B-1
DATE: 9-24-13
(5) General Neighborhood Character. Using the average lot size of existing lots
(except that lots larger than five (5) acres shall be excluded unless they constitute
more than twenty-five (25) percent of the total number of lots) within a one
thousand (1000) foot radius, the minimum lot size factor based on this
performance standard shall be determined by multiplying the average lot size by
0.2.
(b) Determination of Minimum Lot Size. The minimum lot size shall be determined by the
sum of each of the lot size factors for the performance standards set forth in subsection
(a) of this section.
(1) The most current information shall be used to determine the lot size factor. Where
information is not available, the Planning Director shall determine which lot size
factor shall apply.
(2) If more than one lot size factor can be applied to a lot, the less restrictive factor
shall be used.
(3) Lot size factors shall be based on conditions in existence at the time of filing an
application, unless information is included with the application which will alter a
lot size factor. (Ord. 184 § 2, 1989; Ord. 175 § 2, 1988; Ord. 154 § 2, 1987; Ord.
152 § 2, 1987; Ord. 145 § 3, 1987; Ord. 113 § 2, 1985; Ord. 68 § 9-3.164, 1983)
9-3.171 Purpose — Residential Multiple Family) Zone.
This zone is established to provide for apartment, condominium and townhouse development
where higher density residential development is desired within the urban services line. (Ord. 68
§9-3.171, 1983)
The following uses shall be allowed in the Residential Multiple Family Zone.
establishment of allowable uses shall be as pr-ovidedby Seetions 9 2.108 and 9 2.1
(a) Single family d7welling;
;
,
(d) Home oeeupa ions (see Seetion 9 ,
(e) Gelleefien station (see Seetion 9 6.13",
(f) Multiple famziy'-d7we1h..,'s
(g) Tetnpora dwelling (see Section °�);
(h) Utility tFa-asmission faei4fies-;
0) Temp9events (see�ecdrorn9-6.17�7)(Ora. 149 R 7 1987; Orcr-68R n 34'7�
ITEM: B-1
DATE: 9-24-13
The following uses
establishment of eenditional
(')Chufehes and
may
,
r -elated
be allowed
shall
aae iyities-(see-Seetion
in
be
the
., provided
Residential
Multiple
by Seel
9 6.1244,
o
Family
n 2.110
Zone.
echoers (see-Seetien
(e) Mobilehome
developments
(see
Seetio„
9 6.143)-.
(d) Organizational
(e) Pipelines;
(g) Retirement hote4-;
(h) Beed and breakfast;
(i) Skilled f
0) The fellewing
g f eility
uses
(see
where established
Seetio
n
6.13 4);
in a residential
stfuetufe
of hister-iM
iifrp^
(l) ur^„deasting
studio
(2) Business s
(3) T ;1.«afies and
,4,
(4) Offiees,
(5) Personal se
(6) Sehool business
and
voeatienal;
'fittt--68 § 9 3.173, 1983-
9-3.34 172 Minimum Lot size — RMF Zone.
The minimum lot size in the Residential Multiple Family Zone shall be one-half acre. Smaller lot
sizes may be allowed for planned residential developments, including condominiums and
mobilehome developments, provided that the overall density within the project conforms with
Section 9-3.4-75 172. (Or -d. 69 § 9 3.174, 1983)
9-3.1,15 M Density — RMF Zone.
The maximum allowable density in the Residential Multiple Family Zone shall be designated on
the official zoning maps as provided by Section 9-3.104(c) and be estal� i .,,.,.^,.d. ,,,-
consistent with the general plan as follows:
(d) Areas Designated Low Density Multiple Family Residential. The minimum number of
dwelling units per net acre is two (21. The maximum number of dwelling units per net
acre is ten (10).
(e) Areas Designated High Density Multiple Family Residential. The minimum number of
dwelling units per net acre is twenty (20). The maximum number of dwelling units per
net acre is twenty-four (24).
(f) Hillside Density Standards. The densities permitted by subsections (a) and (b) of this
section shall be modified to the following densities based on-site topography, as follows:
ITEM: B-1
DATE: 9_24-13
Average Slope
Low Density Multiple
Family units/acre
High Density Multiple
Family units/acre
010.99%
10
20
1115.99%
7
14
1620.99%
5
10
2125.99%
3
6
26-30.0%
2
4
> 30%
1
2
Maxi um Population Density
Nigh
density multifam 36 pef��net acme*
�;
r l
(g) For skilled n,,,.sing f edit es Medical Extended Care Services –where residents are
primarily non-ambulatory, the following maximum bed/net acre densities may be
permitted, where subject to planning commission conditional use permit approval:
RMF -10 District Thirty-four (34) beds/net acre
RMF -4-6 20 District Fifty-five (55) beds/net acre
Such approval shall require a finding that the average daily traffic generated by the project would
not exceed that of a multifamily project. The project would be further subject to the "percentage
coverage" constraints of Section 9 3.176 9-3.173(a) of the district. Off-street parking
requirements would be as established by the planning commission.
(h) Sewer Service. Sewer service and the inclusion of property within the urban services line
(USL) shall be a prerequisite to developing multiple family projects to the density
standards of the RMF zone. RA4F zoned „ »�et4ies ,,,,*side of the ,,,.i...,,, ser-viees areas
shall develop in aeeor-danee with the standar-ds of the RS Residefifial Subufban Dis
(i) Density Bonus. A density bonus may be granted, subject to approval by the City Council
through a master olan of development (CUP). consistent with section 9-3.801 throusih 9-
ITEM: B-1
DATE: 9-24-13
As
MOW
(j) In lieu of granting a density bonus, the Planning Commission shall consider other bonus
incentives allowable under Government Code Section 65915. (Ord. 554 § 2, 2011; Ord.
457 § 3, 2004; Ord. 194 § 2 (Exh. A), 1989; Ord. 149 § 2, 1987; Ord. 68 § 9-3.175, 1983)
9-3.#-76 174 Property development standards.
In addition to the standards specified in Chapter 4 of this title, General Site Design and
Development Standards, the following development standards shall apply to mobilehome and
multiple -family residential projects:
(a) Percent Coverage. The maximum percent of a lot that may be covered by structures
(excluding decks less than thirty (30) inches from the ground) shall be forty percent
(40%) for low density multiple -family projects and fifty percent (50%) for high
density multiple -family projects.
(b) Enclosed Storage. Each dwelling unit shall be provided a minimum of one hundred
(100) cubic feet of enclosed storage space, exclusive of closets, which may be located
in either a principal or accessory building.
(c) Outdoor Recreation Areas. For developments of four (4) to seven (7) dwelling units,
outdoor recreational open space shall be provided at a ratio of three hundred (300)
square feet per unit. This open space may be provided either as: (1) a private amenity
designed for exclusive use of a dwelling unit; or (2) as common open space provided
that no individual open space is less than one thousand (1,000) square feet. For
developments of eight (8) or more dwelling units, outdoor recreational open space
shall be provided at a ratio of three hundred (300) square feet per unit. This common
open space may be provided in more than one location provided that no individual
open space area is less than one thousand (1,000) square feet.
(d) Screening Wall. A solid wall or fence not less than six (6) feet in height shall be
placed and maintained on interior lot lines abutting property zoned for single-family
residential use.
(e) Covered Parking. One (1) covered parking space (carport or garage) shall be required
per dwelling unit of the total off-street parking required by Section 9-4.118.
(f) Laundry Facilities. Laundry facilities shall be provided in the form of either: (1)
laundry hook-ups within each individual dwelling unit; or (2) a shared laundry facility
equipped with washers and dryers.
(g) Appearance Review. All projects shall be consistent with the multifamily design and
landscape requirements of the Appearance Review Manual.
(h) Maintenance Requirement. A maintenance agreement for all landscaping, building
exteriors, accessory structures, parking areas and other common facilities shall be
approved by the Community Development Director and City Attorney prior to final
occupancy.
ITEM: B-1
DATE: 9-24-13
(i) RMF -20 properties identified in Table V-48 of the Housing Element shall be
permitted "by right" and will not be subject to conditional use permit or specific plan.
Proposed planned development projects or other relief from property development
standards on these parcels shall be subject to discretionary review per the
requirements of the Municipal Code. (Ord. 554 § 2, 2011; Ord. 457 § 3, 2004; Ord.
149 § 2, 1987)
9-3.180 Residential District Allowable Land Uses
Allowed Land Uses and Permit
Requirements
Residential Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
Not Permitted
U.5 -e
Permitted Uses By Zones
Special Use
Regulation(sl
B$ BSE LSE I BIDE
A
Agricultural Related Uses
Agricultural accessory uses
A
A
9-6.109
Agricultural processing
CUP
Animal hospitals
CUP
9-.6.110
Crop production and grazing
CUP
9-6.113
Farm animal raisin
A
A
CUP
9-6.112
Horticultural specialties
A
9-6.116
Livestock S ecialties
CUP
9-6.115
Industrial, Manufacturing, Processing
Mining
CUP
9-6.159,
9-6.151
Petroleum extraction
CUP
9-6.148
Surface Mining
CUP
9-6.159,
9-6.151
Recreation, Education, & Public Assembly
Churches and related activities
CUP
CUP
CUP
CUP
9-6.121
Rural sports and group facilities
CUP
9-6.124
Schools
CUP
CUP
CUP
CUP
9-6.125
Schools — Business Vocational
CUP
CUP
CUP
CUP
9-6.125
Residential Uses
AccessorStora e
A
A
A
A
9-6.103
Home occu ations
A
A
A
A
9-6.105
Multiple Family Dwellin s
A
9-3.175
Mobilehome developments
CUP
CUP
CUP
CUP
9-6.142,
9-6.143
Organizational Houses
CUP
CUP
CUP
CUP
9-3.175
Residential care six 6 clients and less
A
A
A
A
9-6.135
Residential care seven 7 clients or more
CUP
CUP
CUP
A
9-6.135
Residential accessory uses
A
A
A
A
9-6.106
Residential Care for the Elderly RCFE
CUP
9-3.175
Sin le-famil dwelling
A
A
A
A
9-6.143,
9-6.184
Secondar Residential Units
A
A
A
Cha ter 5
Temporary dwellin
A
A
A
A
9-6.175
Retail
Roadside stands
A
A
9-6.117
Tem orar or seasonal retail sales
A
9-6.174
Services -Professional
ITEM: B-1
DATE: 9-24-13
Allowed Land Uses and Permit
Requirements
Residential Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
Not Permitted
u_s_e
Permitted Uses By Zones
Special Use
Regulation(s)
Day Care six 6 clients or les
8$ RSE LSE. I RMF
A
Bed and Breakfast
CUP
CUP
CUP
CUP
Day Care six 6 clients or les
A
A
A
A
9-6.125
Day Care seven 7 clients or more
CUP
CUP
CUP
CUP
9-6.125
Kennels
CUP
CUP
9-6.111
Medical Extended Care Services. six (6)
A_
A_
A
CUP
9-6.134
clients or less
Medical Extended Care Services. seven (7)
CUP
CUP
CUP
CUP
9-6.134
clients or more
Temporary events
A
A
A
A
9-6.177
Utility transmission facilities
A
A
A
A
Parking Lots
CUP
9-4.120
Pipeline
CUP
CUP
CUP
Pipelines, where pipelines are below the
A
surface and where pipelines are not used to
convey toxic or hazardous substances other
than gasoline, crude oil, natural gas, liquefied
petroleum gas or liquefied natural gas
Pipelines, where pipelines are not below the
CUP
surface and where pipelines are used to
convey toxic or hazardous substances other
than gasoline, crude oil, natural gas, liquefied
petroleum gas or liquefied natural gas
9-3.203 Conditional uses.
The following uses may be allowed in the Commercial Neighborhood Zone. The
establishment of conditional uses shall be as provided by Section 9-2.110 (conditional use permits):
(a) Service stations (see Section 9-6.164);
(b) Food and beverage retail sales, where areas of use are greater than two thousand five
hundred (2,500) square feet per store;
(c) General merchandise stores, where areas of use are greater than two thousand five
hundred (2,500) square feet per store;
(d) Eating and drinking places, where areas of use are greater than two thousand five
hundred (2,500) square feet per store;
(e) Eating and drinking places with drive-through facilities. (Ord. 473 § 2, 2005; Ord. 287
§ 2, 1995; Ord. 68 § 9-3.203, 1983);
(f) Multi -Family Dwelling, when located on the 2nd floor or above:
(g) Artisan Shop
9-3.212 Allowable uses.
The following uses shall be allowed in the Commercial Professional Zone. The establishment
of allowable uses shall be as provided by Sections 9-2.108 and 9-2.109:
ITEM: B-1
DATE: 9-24-13
(cc) Schools (see Section 9-6.125);
(dd) Utility service center;
(ee) Business and vocational schools. (Ord. 547 § 2, 2009; Ord. 300 § 2(1), 1996; Ord.
281 § 2, 1994; Ord. 68 § 9-3.212, 1983)
(ff) Day)Care (see section 9-6.1251
(gg) Artisan Shops
9-3.213 Conditional uses.
The following uses may be allowed in the Commercial Professional Zone. The establishment of
conditional uses shall be as provided by Section 9-2.110;
(a) Caretaker's residence (see Section 9-6.104);
(b) Churches and related activities (see Section 9-6.121);
(c) Pipelines;
(d) Eating and drinking places with drive-through facilities;
(e) Food and beverage retail sales, where areas of use are greater than two thousand five
hundred (2,500) square feet per store;
(f) General merchandise stores, where areas of use are greater than two thousand five
hundred (2,500) square feet per store;
(g) Hotels and motels;
(h) Personal services, where areas of use are greater than two thousand five hundred (2,500)
square feet per store;
(i) Building materials and hardware, where areas of use are greater than two thousand five
hundred (2,500) square feet per store (see Section 9-6.165);
(j) Furniture, home furnishings and equipment, where areas of use are greater than two
thousand five hundred (2,500) square feet per store. (Ord. 547 § 2, 2009; Ord. 473 § 2,
2005; Ord. 75 § 2 (2), 1984; Ord. 68 § 9-3.213, 1983)
(k) Multi -Family Dwelling, when located on the 2nd floor or above;
9-3.222 Allowable uses.
The following uses shall be allowed in the Commercial Retail Zone. The establishment of
allowable uses shall be as provided by Section 9-2.108 (Plot plans) and Section 9-2.109 (Precise
plans):
(a) Broadcast studios;
(b) Building materials and hardware (see Section 9-6.165);
(c) Food and beverage retail sales;
(d) Furniture, home furnishings and equipment;
(e) General merchandise stores;
(f) Mail order and vending;
(g) Temporary or seasonal sales (see Section 9-6.174);
(h) Financial services;
(i) Health care services;
0) Offices;
(k) Small scale manufacturing;
(1) Temporary offices (see Section 9-6.176);
ITEM: B-1
DATE: 9-24-13
(m)Personal services;
(n) Light repair services;
(o) Accessory storage (see Section 9-6.103);
(p) Eating and drinking places;
(q) Membership organizations;
(r) Horticultural specialties (see Section 9-6.116);
(s) Schools—Business and vocational
(t) Utility transmission facilities;
(u) Business support services, where all areas of use are located within a building;
(v) Social and service organizations;
(w) Collection stations (see Section 9-6.130);
(x) Farm equipment and supplies;
(y) Fuel and ice dealers (see Section 9-6.134);
(z) Hotels and motels;
(aa) Skilled n-ufsing f eil Medical Extended Care Services (see Section 9-6.134);
(bb) Bed and breakfast;
(cc) Retirement hole' Residential Care Facility for the Elderly (RCFE);
(dd) Funeral services;
(ee) Schools (see Section 9-6.125);
(ff) Utility service center;
(gg) Libraries and museums;
(hh) Temporary events (see Section 9-6.177);
(ii) Sexually oriented businesses (see Chapter 5-10). (Ord. 473 § 2, 2005; Ord. 364 § 2 Exh.
B, 1999; Ord. 310 § 3, Exh. B, 1996; Ord. 300 § 2 (2), 1996; Ord. 68 § 9-3.222, 1983)
Oj) Artisan Shon
(kk) Day Care (see Section 9-6.125
9-3.223 Conditional uses.
The following uses may be allowed in the Commercial Retail Zone. The establishment of
conditional uses shall be as provided by Section 9-2.110 (Conditional use permits):
(a) Amusement services;
(b) Bar/tavern;
(c) Caretaker residence (see Section 9-6.104);
(d) Eating and drinking places with drive-through facilities;
(e) Service station (see Section 9-6.164);
(f) Public assembly and entertainment;
(g) Indoor recreation services;
(h) Animal hospitals (see Section 9-6.110);
(i) Auto repair and services (see Section 9-6.168);
0) Churches and related activities (see Section 9-6.121);
(k) Food and kindred products (see Section 9-6.128);
(1) Pipelines;
(m)Outdoor recreation services (see Section 9-6.123);
ITEM: B-1
DATE: 9-24-13
(n) Sports assembly;
(o) Transit stations and terminals;
(p) Kennels (see Section 9-6.111);
(q) Vehicle and equipment storage (see Section 9-6.183);
(r) Auto dealers (new and used) and supplies (see Section 9-6.163);
(s) Personal services—Restricted. (Ord. 552 § 2, 2010; Ord. 473 § 2, 2005; Ord. 364 § 2,
Exh. B, 1999; Ord. 310 § 3, Exh. B, 1996; Ord. 68 § 9-3.223, 1983);
(t) Multi -Family Dwelling, when located on the 2nd floor or above:
9-3.262 Downtown district allowable land uses and permit requirements.
The following table identifies the land uses allowed by this article in the downtown
zoning districts, and the land use permit required to establish each use. In addition to the land use
permit required by this section, special provisions related to certain land uses may apply, precise
plan approval may also be required for certain uses in compliance with Section 9-1.108. A
building permit is required prior to any construction. Design review approval shall be required
for all permits, consistent with Appendix A of the Downtown Revitalization Plan.
Allowed Uses and Permit Requirements
for Downtown Zoning Districts
P
Permitted Use
CUP
Conditional Use Permit required
—
Use not allowed
PERMIT REQUIRED
Specific Use
Regulations
LAND USE'
DC
DO
MANUFACTURING & PROCESSING USES
Light repair services
P
Printing and publishing
P
P
R&D2 (Research and development including
technology)
P
P
R&D - Biotechnology, chemical, pharmaceutical
CUP
CUP
RECREATION, EDUCATION & ASSEMBLY USES
Membership organizations
CUP
—
Amusement services
P
—
Indoor recreation services
P
—
Libraries, museums, galleries
P
P
Public parks and playgrounds
P
P
Schools — Public
CUP
—
Schools - Business and vocational
CUP
CUP
-
Studios - Art, dance, martial arts, music, etc.
P
CUP 7
ITEM: B-1
DATE: 9_24-13
Public amusement and entertainment
CUP
RESIDENTIAL USES
Home occupations
P
P
9-6.105
Live/work prejeets-Units
PS/CUP6
Multifamily and single family dwellings
P3
P'
Senior eitizen housing Age restricted housing
CUP'
RETAIL TRADE
Artisan shops
P
Auto and vehicle dealerships - Indoor display/sales
only
CUP
Building materials and hardware - All activities
indoors
P
—
Eating and drinking places - Without drive-through
P
Bar/Tavern
P
Food and beverage retail sales
P
Furniture, home furnishings, and equipment
P
—
General merchandise
P
—
Temporary or seasonal sales
P
—
9-6.174
SERVICES
Automated teller machines (ATMs)
P
P
Banks and financial services - Without drive-
through
CUP
P
Allowed Uses and Permit Requirements
for Downtown Zoning Districts
P
Permitted Use
CUP
Conditional Use Permit required
—
Use not allowed
PERMIT REQUIRED
Specific Use
Regulations
LAND USE'
DC
DO
SERVICES (cont'd)
Bed and breakfast
CUP
—
Business services
P
P
Child/adult day care centers
CUP
Government offices and facilities
P
P
Hotels and motels
CUP
—
Health care services
P
P
ITEM: B-1
DATE: 9-24-13
Offices
P
P
Personal services
P
—
TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE USES
Broadcasting studios
CUP
P
Transit stations and terminals
CUP
CUP
Utility facilities
CUP
CUP
KEY TO ZONING DISTRICT SYMBOLS
DC
Downtown Commercial
DO
Downtown Office
Notes: (Only the notes that apply to this table are shown below.)
1 See Section 9-3.701 for land use descriptions. See Section 9-1.106(d) regarding uses not listed.
2 Plot Plan approval required (9-2.108). Precise Plan approval (9-2.109) may also be required.
Conditional Use Permit approval required for all projects over 10,000 sf in floor area and multiple family
residential developments consisting of twelve or more units.
3 Residential uses allowed only on second and third floor, except sites north of Olmeda Avenue. If a project is
required to provide a unit in compliance with the Americans with Disabilities Act, the handicapped
accessible unit may be located on a first floor. A first floor unit shall be located in a non -storefront location
within a tenant space.
4 Use allowed only on sites north of Olmeda Avenue.
s Permitted use if the residential quarters are located on the second or third floors.
6 Conditional Use Permit required if the residential quarters are located on the first floor.
Note: Where the last column in the tables ("Specific Use Regulations") includes a section
number, the regulations in the referenced section apply to the use. Provisions in other sections of
this article may also apply. (Ord. 552 § 2, 2010; Ord. 473 § 2, 2005; Ord. 421 § 3, 2003; Ord.
375 §3,2001)
9-3.422 Allowable uses.
The following uses shall be allowed in the Public Zone. The establishment of allowable uses
shall be as provided by Sections 9-2.108 and 9-2.109:
(a) Broadcasting studios;
(b) Libraries and museums;
(c) Offices (City, County, State or Federal government or public utilities);
(d) Temporary offices (see Section 9-6.176);
(e) Public assembly and entertainment;
(f) Schools (see Section 9-6.125);
(g) Temporary events (see Section 9-6.177);
(h) Temporary or seasonal retail sales (see Section 9-6.174);
ITEM: B-1
DATE: 9-24-13
(i) Outdoor recreation services;
(j) Indoor recreation services. (Ord. 308 § 2 (Exh. A), 1996; Ord. 179 § 2, Exh. A, 1988;
Ord. 157 § 2, 1987; Ord. 68 § 9-3.422, 1983);
(k) Dav Care (see Section 9-6.125)
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.
Age Restricted Housing. Residential multi -family or single family units that restrict
occupancy based on age. This use typically consists of senior housing which restricts age for 55
and older.
Artisan Shops. A retail store selling art glass, ceramics, jewelry, paintings, sculpture, and
other handcrafted items, where the facility includes an area for the crafting of the items being
sold.
Caretaker Residence/Employee Unit. A permanent residence that is secondary or
accessory to the p ipalrimesaefivivy eecufrifig enof the property, and. " etakof
dwelling 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 inel des separate g„aftors f r
sefvants who are employed by the eeetipant of the pr-ineipal d7welling on the pr-epeft�-. Does not
include housing for caretaker -type employees in the Agriculture Zone which is defined as "Farm
Labor Quarters."
Day Care. Facilities that provide non-medical care and supervision of individuals for
eriods of less than 24 hours. These facilities include the following, all of which are required to
be licensed by the California State Department of Social Services or successor agency. Day Care
uses include the following:
1. Child Care Center. Child day care facilities designed and approved to accommodate
15 or more children. Includes infant centers, preschools, sick -child centers, and
school-age day care facilities. These may be operated in conjunction with a school
or church facility, or as an independent land use.
2. Large Family Day Care Home. As provided by Health and Safety Code Section
1596.78 or successor provision, a home that regularly provides care, protection, and
supervision for seven (7) to 12 children, including up to two (2) children under the
age of 10 years who reside in the home, for periods of less than 24 hours per day,
while the parents or guardians are away.
ITEM: B-1
DATE: 9-24-13
3. Small Family Day Care Home. As provided by Health and Safety Code Section
1596.78 or successor provision, a home that provides family day care for six or
fewer children, includingtwo wo (2) children under the age of 10 years who reside in
the home.
4. Adult Day Care Facility. A day care facility providing care and supervision for
adult clients.
Live /Work Units. An integrated housing unit and working space, occupied and utilized
by a single household in a structure, either single-family or multi -family. that has been designed
or structurally modified to accommodate _joint residential occupancy_ and work activity_ ,and
which includes:
1. Complete kitchen space and sanitary facilities in compliance with the Buildin
Code; and
2. Working space reserved for and regularly used by one or more occupants of the
unit.
3. Working space include uses that are either permitted within the zoning district.
Medical Extended Care Services. Residential facilities providing nursing and health-
related care as a primary use with in-patient beds. Examples of these uses include: board and
care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities.
Long-term personal care facilities that do not emphasize medical treatment are included under
"Residential Care."
Mobilehome Developments. hneludes m,,b leheme parrs and .,,ob leh,,me sii
if oor-twoor-tr-aetmor-eare, ro
Per-eent (20-%) ,f the total s o in the fflob; l eh -0 r o ,. ,,1, Any site that is planned and
improved to accommodate two or more mobile homes used for residential purposes. or on which
two or more mobile homes, as the term "mobile home" is defined in California Civil Code
Section 798.3 or successor provision of the California Mobilehome Residency Law, for non-
transient use, are rented, leased, or held out for rent or lease, or were formerly held out for rent or
lease and later converted to a subdivision, cooperative, condominium, or other form of resident
ownership, to accommodate mobile homes used for residential purposes
Mobileheme Dwelling. A vehiele without self propulsion designed and equipped as
dwelling tmit to be used with a fi3iindatiea.
Multiple Family Dwelling. Two (2) or more dwelling units located on a single lot, each
occupied by a single housekeeping unit; includes buildings or groups of buildings designated
as apartments, duplexes, triplexes and condominiums, but not including motels, hotels,
dormitories, or RV parks as herein defined. Also includes transitional housing, supportive
ITEM: B-1
DATE: 9-24-13
housing and single room occupancy housing where people live as independently as possible
with the assistance of social services tailored to each person's needs as defined in Section 9-
9.102 of the Zoning Ordinance.
Medical Extended Care Services. Residential facilities providing nursing and health-
related care as a primary use with in-patient beds. Examples of these uses include: board and
care homes; convalescent and rest homes: extended care facilities: and skilled nursing
facilities. Long-term personal care facilities that do not emphasize medical care are defined as
"Residential Care."
Residential Care. A single family or multiple family dwelling unit that is licensed or
supervised by a Federal, State, or local health/welfare agency that provides non-medical care
of unrelated persons whom are in need of personal service, supervision, or assistance essential
for sustaining activities of daily living or for the protection of the individual. Establish.,.,o„*�
element.pr-ifnar-ily engaged in the prevision of residential, seeial and personal ear -e far- ehildr-en, the
aged, and speeial eategar-ies of per -sons with some limits of ability for- self ear -e, ineluding
Use includes
the following: board and f edit es; children's homes; halfway houses; rehabilitation
centers; self-help group homes.
Retirement Hetel. Establishments primarily engaged in pr-eviding Wging f4eilities
limited to the aged whefe no medieal ear -e is provided. Stteh establishments may provide
housekeeping and y,. eels to the residents.
Residential Care Facility for the Elderly (RCFE). A housing arrangement chosen
voluntarily by the residents or the residents' guardians, conservators or other responsible
person(s) where the following occurs: where 75 percent of the residents are at least 62 years o f
age, or, if younger, have needs compatible with other residents; and where varying levels of
care and supervision are provided, as agreed to at the time of admission or as determined
necessary. RCFE uses may include basic services and community space. RCFE uses include
the following:
1. Assisted Living Facilitv. A residential building or buildings that also provide
housing, personal and health care, as permitted by the Department of Social
Services, designed to respond to the daily, individual needs of the residents.
Assisted Living Facilities may include kitchenettes (small refrigerator, sink and/or
microwave oven) within individual rooms. Assisted Living Facilities are required to
be licensed by the California Department of Social Services, and do not include
skilled nursing services.
2. Independent Living Center/Senior Apartment. Independent living centers and
senior apartments are multi -family residential projects reserved for senior citizens.
where common facilities may be provided (for example, recreation areas), but
where each dwelling unit has individual living. sleeping. bathing. and kitchen
facilities.
Single -Family Dwelling. An attached or detached building not to contain more than one
(1) kitchen wherein the occupants of the dwelling unit are living and functioning together as a
single housekeeping unit, meaning that they have established ties and familiarity with each
other, jointly use common areas, interact with each other, membership in the single
ITEM: B-1
DATE: 9-24-13
housekeeping unit is fairly stable as opposed to transient, and members have some control over
who becomes a member of the single housekeeping unit. Also includes factory -built.
manufactured housing units and mobile homes constructed in compliance with the Title 25 of
the California Health and Safety Code, or successor provision as defined in section 9-9.102 of
the Zoning Ordinance- transitional housing and supportive housing serving six or fewer
persons as defined in section 9-9.102 of the Zoning Ordinance.
Article 30, Density_ Bonus
9-3.801 Purpose.
The pumose of this Section is to comply with State densitv bonus law (California Government
Code (GC) Section 65915-65918), by providing increased residential densities for projects that
guarantee that a portion of the housing units will be affordable to very low-, low-, or moderate -
income households, senior citizens. or include child care facilities.
(a) Projects that utilize the density bonus are not required to implement the City's
Inclusionary Housing Policy or other inclusionary_ housing ordinance in effect at the time
of issuance of building permit.
9-3.802 A�2plicability.
The provisions of this Section apply to the construction of five (5) or more housing units as a
art of any tentative subdivision map, master plan of development (conditional use permitl or
other development application that satisfy one or more of the following criteria:
(a) At least 10 percent of the units are designated for low-income households.
(b) At least five percent of the units are designated for very low-income households.
(c) 100 percent of the units are designated for senior citizens as defined in Section 51.3 and
51.12 of the Civil Code or mobile home park that limits residency based on age
requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the
Civil Code.
(d) At least 10 percent of the units in a common interest development are designated for
moderate -income households, provided that all units in the development are offered to
the public for purchase.
-3.803 Calculating the density bonus.
The density bonus shall be calculated as shown in the table below for very low-, low-. and
moderate -income households. For housing developments meeting the criteria of section 9-
3.802(c), the density bonus shall be 20 percent of the total number of senior housing units. All
density calculations resulting in fractional units shall be rounded consistent with the Citv's
Municipal Code section 9-1.109.
Percentage of Affordable Units and Corresponding Density Bonus
Very Low -Income Households Earninz < I Low -Income Households Earnin < Moderate-Income120%AMI
ITEM: B-1
DATE: 9-24-13
' Density bonus is above the highest range of base density.
9-3.806 Developer incentives.
(o) Restrictions. When an applicant seeks a density bonus as prescribed by GC Section
65915, the City will grant developer incentives as required, unless it makes any of the
following findings:
(1) The developer incentives are not required in order to provide affordable housing, as
defined in Section 50052.3 of the Health and Safety Code, or for rents for the targeted
units to be set as specified in GC Section 65915(c).
i. The developer incentives would have a specific adverse impact, as defined in
paragraph (2) of Subdivision (d) of Section 65589.5, upon public health and
safety or the physical environment or an any real property that is listed in the
California Register of Historical Resources and for which there is no feasible
method to satisfactorily mitigate or avoid the specific adverse impact without
rendering the development unaffordable to low- and moderate -income
households.
ii. The developer incentives would be contrary to State or federal law.
(p) Number of developer incentives. The number of developer incentive shall bein
compliance with Table as shown below:
Number of Developer Incentives
50%AMI
80% AMI
Persons/Families in Common Interest
Develo ment'
Peru Low -Income Percentage o Density
Units Bonus'
Low -Income Units Percentage of
Densi Bonus
Moderate Income Percentage of
Units Densi Bonus
5%
20.0%
10%
20.0%
10% 5.0%
6%
22.5%
11%
21.5%
11% 6.0%
7%
25.0%
12%
23.0%
12% 7.0%
8%
27.5%
13%
24.5%
13% 8.0%
9%
30.0%
14%
26.0%
14% 9.0%
10%
32.5%
15%
27.5%
15% 10.0%
11%
35.0%
16%
29.0%
16% 11.0%
17%
30.5%
17% 12.0%
18%
32.0%
18% 13.0%
19%
33.5%
19% 14.0%
20%
35.0%
20% 15.0%
21% 16.0%
22% 17.0%
23% 18.0%
24% 19.0%
25% 20.0%
26% 21.0%
27% 22.0%
28% 23.0%
29% 24.0%
30% 25.0%
31% 26.0%
32% 27.0%
33% 28.0%
34% 29.0%
35% 30.0%
36% 31.0%
37% 32.0%
38% 33.0%
39% 34.0%
40% 35.0%
' Density bonus is above the highest range of base density.
9-3.806 Developer incentives.
(o) Restrictions. When an applicant seeks a density bonus as prescribed by GC Section
65915, the City will grant developer incentives as required, unless it makes any of the
following findings:
(1) The developer incentives are not required in order to provide affordable housing, as
defined in Section 50052.3 of the Health and Safety Code, or for rents for the targeted
units to be set as specified in GC Section 65915(c).
i. The developer incentives would have a specific adverse impact, as defined in
paragraph (2) of Subdivision (d) of Section 65589.5, upon public health and
safety or the physical environment or an any real property that is listed in the
California Register of Historical Resources and for which there is no feasible
method to satisfactorily mitigate or avoid the specific adverse impact without
rendering the development unaffordable to low- and moderate -income
households.
ii. The developer incentives would be contrary to State or federal law.
(p) Number of developer incentives. The number of developer incentive shall bein
compliance with Table as shown below:
Number of Developer Incentives
ITEM: B-1
DATE: 9-24-13
` Common interest development includes common interest developments of, or in a planned development as defined in Subdivision ( of Section
1351 of the Civil Code that are offered to the public for purchase.
(q) Developer incentives defined. For the p=oses of this Section, concession or incentive
means any of the following that results in identifiable, financially_ sufficient, and actual
cost reductions:
(1) Reduced site development standards
(2) Modified zoning code
(3) Architectural design requirements that exceed the minimum building standards
approved by the California Building Standards Commission as provided in Part 2.5
commencing with Section 18901) of Division 13 of the Health and Safety Code
(4) A reduction in setback requirements
(5) Reduction of vehicular parking standards
(6) Approval of mixed-use zoning if commercial, office, industrial, or other land uses
will reduce the cost of the housing development and if the commercial, office
industrial or other land uses are compatible with the housing project and the existing
or planned development in the area;
(7) Other regulatory developer incentives proposed by the developer;
(8) Other regulatory developer incentives proposed by the City.
9-3.807 Waivers and modifications of development standards.
(a) Proposal. In accordance with Government Code Section 65915(e), an applicant may
propose a waiver or modification of development standards if it would physically
preclude the construction of a development project under the criteria section 9-3.802 at
the densities or with the developer incentives permitted by this Section. A waiver or
modification of standards shall be reviewed by the City's Design Review Committee and
approved by the Planning Commission and/or City Council.
(b) A proposal for the waiver or reduction of development standards pursuant to this
subsection shall neither reduce nor increase the number of developer incentives to which
the applicant is entitled pursuant to section 9-3.804(bl.
(c) Grounds for denial. In accordance with Government Code Section 65915(e), the City
may deny an applicant's request to waive or modify_ the City's development standards in
any of the following circumstances:
(1) The application does not conform with the requirements of this Section or GC Section
65915-65918.
(2) The applicant fails to demonstrate that the City's development standards physically
preclude the utilization of a density bonus on a specific site. The City's Design
Review Committee or Planning Commission shall make the appropriate finding.
(3) The waiver or reduction would have a specific, adverse impact, as defined in
Government Code Section 65589.5(d)(2), upon health, safety, or the physical
environment, and there is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact.
Units
I 2evelo mentsl
1
5% 10%
1 10%
2
10% 20%
1 20%
3
15% 30%
1 30%
` Common interest development includes common interest developments of, or in a planned development as defined in Subdivision ( of Section
1351 of the Civil Code that are offered to the public for purchase.
(q) Developer incentives defined. For the p=oses of this Section, concession or incentive
means any of the following that results in identifiable, financially_ sufficient, and actual
cost reductions:
(1) Reduced site development standards
(2) Modified zoning code
(3) Architectural design requirements that exceed the minimum building standards
approved by the California Building Standards Commission as provided in Part 2.5
commencing with Section 18901) of Division 13 of the Health and Safety Code
(4) A reduction in setback requirements
(5) Reduction of vehicular parking standards
(6) Approval of mixed-use zoning if commercial, office, industrial, or other land uses
will reduce the cost of the housing development and if the commercial, office
industrial or other land uses are compatible with the housing project and the existing
or planned development in the area;
(7) Other regulatory developer incentives proposed by the developer;
(8) Other regulatory developer incentives proposed by the City.
9-3.807 Waivers and modifications of development standards.
(a) Proposal. In accordance with Government Code Section 65915(e), an applicant may
propose a waiver or modification of development standards if it would physically
preclude the construction of a development project under the criteria section 9-3.802 at
the densities or with the developer incentives permitted by this Section. A waiver or
modification of standards shall be reviewed by the City's Design Review Committee and
approved by the Planning Commission and/or City Council.
(b) A proposal for the waiver or reduction of development standards pursuant to this
subsection shall neither reduce nor increase the number of developer incentives to which
the applicant is entitled pursuant to section 9-3.804(bl.
(c) Grounds for denial. In accordance with Government Code Section 65915(e), the City
may deny an applicant's request to waive or modify_ the City's development standards in
any of the following circumstances:
(1) The application does not conform with the requirements of this Section or GC Section
65915-65918.
(2) The applicant fails to demonstrate that the City's development standards physically
preclude the utilization of a density bonus on a specific site. The City's Design
Review Committee or Planning Commission shall make the appropriate finding.
(3) The waiver or reduction would have a specific, adverse impact, as defined in
Government Code Section 65589.5(d)(2), upon health, safety, or the physical
environment, and there is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact.
ITEM: B-1
DATE: 9-24-13
(4) The waiver or reduction would have an adverse impact on any real property that is
listed in the California Register of Historical Resources.
(5) The waiver or reduction would be contrary to State or federal law.
9-3.808 Application procedure.
An application for a density bonus, developer incentive, or waiver or modification of
development standards shall include the following information:
(a) Site Plan
(b) Preliminary Architectural Elevations
(c) Preliminary Floor Plans
(d) Preliminary Landscaping Plan
(e) The total number of base units;
(f) The number and location of proposed affordable housing units;
(g) The specific developer incentive(s) sought, if any;
(h) The specific waiver or modification to development standards sought, if any;
(i) If seeking a developer incentive, documentation regarding the necessity of the developer
incentive in order to provide affordable housing costs or rents;
(j) If seeking a waiver or modification of development standards, documentation regarding
the necessity of the waver or modification, including documentation demonstrating that
the City's development standards physically preclude the utilization of a density bonus_;
(k) If requesting a density bonus based on land donation in accordance with Government
Code Section 65915(8), information sufficient to permit the City to determine that the
proposed donation conforms with the requirements of Section 65915 and this Code; and
(1) If requesting a density bonus based on the provision of a child day care facility in
accordance with Government Code Section 65915(h), the application must:
(5) Provide the location of the proposed child day care facility and the proposed operator;
(6) Agree to operate the child day care facility for a period of time that is as long as or
longer than the period of time during which the density bonus units are required to
remain affordable;
(7) Agree to have contracted with a child day care facility operator for operation of the
child day care facility before the first building permit is issued: and
(8) Agree that the child day care facility will be in operation when the first certificate of
occupancy is issued.
Chapter 9 GENERAL DEFINITIONS
9-9.101 Purpose.
This chapter defines the terms and phrases of this title that are technical or specialized or that
may not reflect common usage. This chapter defines specific land uses only when definitions
more detailed than those provided in Chapter 9-3 are needed to determine the applicability of
standards. Where any of these definitions conflict with other titles of this Code, this chapter
prevails for the purposes of this title. (Ord. 68 § 9-9.101, 1983)
9-9.102 General definitions.
Densitv Bonus. A densitv increase over the otherwise maximum allowable residential densit
under the applicable Municipal Code ordinance and Land Use, Open Space, and Conservation
ITEM: B-1
DATE: 9-24-13
Element of the General Plan as of the date of application by the developer to the Citv
(Government Code 65915(fl). Density Bonuses shall either be in the form of a "State Density
Bonus" as defined by Article 30 in the Chapter 3, Zoning Districts, or as specified in the Land
Use, Open Space, and Conservation Element of the General Plan for exceptionally high design
uali
Manufactured Housing. Residential structures that are constructed entirely in the factory, and
which since June 15, 1976, have been regulated by the federal Manufactured Home Construction
and Safety Standards Act of 1974 under the administration of the U.S. Department of Housing
and Urban Development (HUM).
Mobile Home. A trailer, transportable in one or more sections, that is certified under the
National Manufactured Housing Construction and Safety Standards Act of 1974, which is over
eight feet in width and 40 feet in length, is tied down (a) to a permanent foundation on a lot
either owned or leased by the homeowner or (b) is set on piers, with wheels removed and skirted,
in a mobile home park and not including recreational vehicle, commercial coach or factory -built
housing. A mobile home on a permanent foundation is included under the definition of "Single -
Family Dwellings".
Chapter 13 Reseraed Reasonable Accommodations
9-13,101 Purpose
(a) Enabling legislation. This Chapter provides a procedure to request Reasonable
Accommodation for persons with disabilities seeking equal access to housing under the
California Fair Employment and Housing Act, the Federal Fair Housing Act, and the
Americans with Disabilities Act (ADA) (hereafter the Acts) in the application of zoning
laws and other land use regulations, policies, and procedures.
(b) Adjustment to physical design standards. A Reasonable Accommodation is typically an
adjustment to physical design standards (e.g., setbacks) to accommodate the placement of
wheelchair ramps or other exterior modifications to a dwelling in response to the needs of
a disabled resident.
-13.102 Applicability
(a) Eligible applicants:
(4) A request for Reasonable Accommodation may be made by any person with a
disability, their representative or any entity, when the application of a zoning law(i.e.
development standard) or other land use regulation, policy, or practice acts as a
barrier to fair housing opportunities.
(5) A person with a disability is a person who has physical or mental impairment that
limits or substantially limits one or more major life activities, anyone who is regarded
as having this type of impairment, or anyone who has a record of this type of
impairment.
ITEM: B-1
DATE: 9-24-13
(6) This Chanter is intended to apply to those persons who are defined as disabled under
the Acts.
(b) Eligible requests:
(3) A request for Reasonable Accommodation may include a modification or exception
to the practices, rules, and standards for the development, siting, and use of housing
or housing -related facilities that would eliminate regulatory barriers and provide a
person with a disability equal opportunity to housing of their choice.
(4) A request for Reasonable Accommodation shall comply with Section 9-13.103
(Application Reguirementsl.
9-13.103 Application Requirements
(a) Filing. An application for a Reasonable Accommodation shall be filed and processed in
compliance with Chapter 9-2 (Applications: Content, Processing and Time Limitsl.
(b) Required data. The application shall include the following information and materials as a
supplement to the required application:
(1) Applicant's name, address, and telephone number;
(2) Address of the property for which the request is being made;
(3) Assessor Parcel Number (APN)
(4) The current use of the property;
(5) The code section(s), regulation(s), policy, or procedure for accommodation requested;
(6) A statement describing why the requested accommodation is necessary to make the
specific housing available to the applicant, including information establishing that the
applicant is disabled under the Acts; and
(7) Other relevant and permissible information as requested by the Community
Development Director or his or her designee
(c) Filing with other land use applications. If the proiect involves both a request for
Reasonable Accommodation and some other discretionary approval (e.g. Conditional Use
Permit, Variance, etc.), the applicant shall file the information required by 9-13.103(a)
and 9-13.103(b), together with the materials required for the other discretionary approval.
(d) Responsibility of the applicant. It is the responsibility of the applicant to establish
evidence in support of the findings required by Section 9-13.106 (Findings and Decision).
9-13.104 Review Authority
(a) Community Development Director. Requests for Reasonable Accommodation shall be
reviewed, and a decision shall be made, by the Community Development Director if no
approval is sought other than the request for Reasonable Accommodation. The
Community Development Director may defer a decision to the Design Review
Committee at their discretion.
(b) Other review authority. Requests for Reasonable Accommodation submitted for
concurrent review with another discretionary land use application (e.g., Conditional Use
ITEM: B-1
DATE: 9_24-13
Permit) shall be reviewed (and approved or denied) by the authority reviewing that
as Dli
9-13,105 Review Procedures
(a) Community Development Director's review. The Community Development Director
shall make a written decision and either approve, approve with modifications, or deny a
request for Reasonable Accommodation.
(b) Other review authority. When reviewed concurrently with another type of discretionary
review, the written decision on whether to approve or deny the request for Reasonable
Accommodation shall be made by the authority responsible for reviewing the other
discretionary review in compliance with the applicable review procedures.
(c) The decision to approve or deny the request for Reasonable Accommodation shall be
made in compliance with Section 9-13.106 (Findings and Decision).
3,106 Findings and Decision
(a) Findings. The written decision to approve a request for Reasonable Accommodation shall
be based on the following findings:
(1) The housing that is the subject of the request will be used by a person defined as
disabled under the Acts;
(2) The request for Reasonable Accommodation is necessary to make specific housing
available to a person with a disability under the Acts;
(3) The requested Reasonable Accommodation would not impose an undue financial or
administrative burden on the City;
(4) The requested accommodation would not require a fundamental alteration in the
nature of the housing program of the City; and
(5) The establishment, maintenance or operation of the Reasonable Accommodation
activity would not be detrimental to the public health, safety, or welfare of persons
residing or working in the neighborhood of the proposed activity.
(b) Conditions of approval. In approving a request for Reasonable Accommodation, the
review authority may impose conditions of approval deemed reasonable and necessary to
ensure that the Reasonable Accommodation will comply with the findings reauired by
Subsection A (Findings), above.
9-13.107 Rescission of Approval of Reasonable Accommodation
(a) Rescission:
(1) An approval or conditional approval of an application made in compliance with this
Chapter may be conditioned to provide for its rescission or automatic expiration
under appropriate circumstances (e.g., the individual defined as disabled under the
Acts vacates the subject site, etc.), unless allowed to remain in compliance with
section 9-13.107(b) (Discontinuance),
(2) If rescinded or subject to automatic expiration, the improvement made in compliance
with the originally approved Reasonable Accommodation shall be removed from the
subject property in compliance with 9-13.107(b)(21.
(b) Discontinuance:
(1) A Reasonable Accommodation shall lapse if the exercise of rights granted by it is
discontinued for at least 365 consecutive days.
ITEM: B-1
DATE: 9-24-13
(2) If the person(s) initially occupying a residence vacates, the Reasonable
Accommodation shall remain in effect only if the review authority first determines
that:
i. The modification is physically integrated into the residential structure and
cannot be easily removed or altered to comply with this title: or
ii. The modification is to be used by another qualifying individual with a
disabili
(3) The review authority may request that the applicant or the successor(s)-in-interest
provide documentation that subsequent occupants are qualifying persons with
disabilities.
(4) Failure to provide the documentation within 30 days of the date of a request by the
review authority shall constitute grounds for discontinuance by the City of a
previously approved Reasonable Accommodation.
(5) Discontinuance shall require that the improvement made in compliance with the
originally approved Reasonable Accommodation shall be removed from the subiect
property.
9-13.108 Post Decision Procedures
The procedures and requirements of this title in Chapter 2 (Applications: Content, Processing
and Time Limits), and those related to appeals in Chapter 1 (Enactment, Administration and
Amendment), shall apply following the decision on a Reasonable Accommodation application.
ITEM: B-1
DATE: 9_24-13
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.
EXHIBIT A: Categorical Exemption
INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.C., Tom O'Malley, Mayor
City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
EXHIBIT A: Categorical Exemption
PLN 2011-1417 / ZCH 2011-0163
Housing Element Implementation
ITEM: B-1
DATE: 9-24-13
CITY OF ATASCADERO
NOTICE OF EXEMPTION
6907 El Camino Real Atascadero, CA 93422 805.461.5000
TO: File
FROM: City of Atascadero
Community Development Department
6907 El Camino Real
Atascadero, CA 93422
SUBJECT: Filing of Notice of Determination in Compliance with CEQA Sections 15061and 15062
Project Title
ZONING ORDINANCE CODE TEXTAMENDMENT
Project Location (Include County)
Citywide. Atascadero, CA 93.122 (San Luis Obispo County)
Project Description
Proposed Zoning Ordinance Text Amendments to portions of Title 9 Planning and Zoning. Proposed text
amendments implement the City's Housing Element and revisions are consistent with the Goals and Policies
of the City's General Plan. Text amendments including the following:
• Revisions and reorganization ofArticle 3 into Residential Zoning Districts (Article 3);
• Revisions to the Residential Multi -Family Density standards (AMC 9-3.175)
• Introduction ofa residential district allowable uses matrix (AMC 9-3.180);
• Reserving Articles 4, 5, and 6 for future uses;
• Inclusion ofnew conditionally allowed residential uses and revised land use definitions in the
Commercial Neighborhood (CN), Commercial Retail (CR) and Commercial Park (CP) zones (AMC
sections 9-3.223, 9-3.203,9-3.213),
• Introduction ofArticle 25, Emergency Shelter Overlay Zone ordinance for consistency with State of
California Senate Bill 2 (Article 23);
• Designated APN 030-341-013 as an Emergency Shelter (FS) overlay zone for implementation ofthe
City's Emergency Shelter Ordinance; regardless ofowner,
• Additions to the land use descriptions in Article 29 for code consistency purposes (AMC 9-3.701);
• Revisions to Article 13, Downtown Zone -1 PC (Pedestrian Commercial) Zone for consistency with
revised land use definitions (AMC 9-3.262);
• Introduction ofArticle 30, Density Bonus, for consistency with State Housing Law (Article 30);
• Introduction of section 9-6.184, Single Room Occupancies ordinance (AMC 9-6.185)
• Introduction of Chapter 13 -Reasonable Accommodations for consistency with State and Federal
Housing and Disability law (AMC 9-13);
• Additions to section 9-102 General definitions for consistency with proposed ordinances;
ITEM: B-1
DATE: 9_24-13
CITY OFATASCADERO
NOTICE OF EXEMPTION
Page 2 of 2
Name of Public Agency Approving, Proiect
City ofAtascadero
Name of Person or Agency Carrying Out Proiect
Community Development Department, City ofAtascadero
Exempt Status:
Reasons why project is exempt:
The California Environmental Quality Act (CEQA) (Section 15061.(3) Review for Exemption) exempts
activities which are covered by the general rule that CEQA applies only to projects, which have the
potential for causing a significant effect on the environment.
Date: June 25, 2013 1-7 / -^
Alfredo R. Castillo, AICP
Assistant Planner
Page 2 of 2
ITEM: B-1
DATE: 9-24-13
ATTACHMENT 5: Emergency Shelter Ordinance (CUP required for Meal Program) Draft Ordinance B-1
DRAFT ORDINANCE B-1
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
APPROVING ZONE TEXT CHANGE T CHANGE 2011-0163 AMENDING
TITLE 9 OF THE ATASCADERO MUNICIPAL CODE
PLN 2011-1417/ZCH 2011-0163
(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, Atascadero CA 93422), to consider Zone Change Text Amendments regarding the
introduction of Article 23, Emergency Shelter Overlay Zone ordinance for consistency with State
of California Senate Bill 2; designated APN 030-341-013 as an Emergency Shelter (ES) overlay
zone for implementation of the City's Emergency Shelter Ordinance regardless of owner;
establishing a conditional use permit requirement for an open meal program; and additions to
Section 9-9.102 for consistency purposes; and,
WHEREAS, a Notice of Exemption was prepared for the project and made available for
public review in accordance with the requirements of the California Environmental Quality Act
(CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to Title 9 Planning and Zoning of the Municipal Code; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and
Zoning Text Change application was held by the Planning Commission of the City of Atascadero
at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and
Zoning Text Amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on June 18, 2013, studied and recommended PLN 2011-1417/ZCH 2011-0163 for approval;
and,
ITEM: B-1
DATE: 9-24-13
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on September 24, 2013 studied and considered Zone Change 2011-0163; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1: Title 9 of the Atascadero Municipal Code is amended to read as
follows:
9-3.103 Overlay districts established.
Overlay districts intended to protect public safety and the environment and to preserve
scenic, cultural and historic resources are established as follows:
(a) Overlay districts:
(1) Flood Hazard—FH;
(2) Geologic Hazard—GH;
(3) Historic Site—HS;
(4) Sensitive Resource—SR;
(5) Planned Development—PD. (Ord. 68 § 9-3.103, 1983)
(6) Emergency Shelters – ES (9-3.901)
Article 23. ES (Emergency Shelter) Overlay Zone
9-3.509 Purpose
The Emerizencv Shelter Overlav Zone identifies areas where emeraencv shelters may be
permitted without a Conditional Use Permit in compliance with Senate Bill 2 (Statutes of 2007)
and the Housing Element.
9-3.510 Applicability of emergency shelter standards
The standards of this Article apply to emergency shelters located in the Emergency Shelter
Overlay Zone. The emergency shelter overlay zone is applicable to the following zoning
districts or site specific areas):
(a) Assessor Parcel Number (APN) 030-341-013
9-3.511 Minimum site design and development standards
An emergency shelter is subject to all property development standards of the zoning district in
which it is located except as modified by the following standards:
(a) Minimum site area: One (1) gross acre is the minimum site area.
(b) Intake location. The shelter intake area must be setback a minimum of twenty (20)
feet from the rear property line. Rear property line is defined as Lot A of San Luis
Obispo County Parcel Maps Book 23, page 76.
(c) Parking:
(1) One (1) vehicle parkin space space per five (5) beds must be provided onsite.
ITEM: B-1
DATE: 9-24-13
(2) One 1) bicycle space per ten (10) beds must be provided onsite.
(3) One (1) vehicle space per employee must be provided onsite.
(4) Parking area must be shown in a site plan. Parking area must be paved.
(5) Parking area must be lit for security purposes with permanent lighting consistent
with Section 9-4.137 of the Atascadero Municipal Code.
(6) Sleeping in or occupying vehicles as a residence is not permitted on the site.
(d) Landscaping and fencing.
(1) Perimeter fencing. Perimeter fencing is required on a per site basis subject to
review and approval by the Design Review Committee. The following perimeter
fencingis s required for approved shelter(s):
Assessor Parcel Number (APN) 030-341-013: A solid masonry wall eight
(8) feet in height must be located on the rear property lines. A solid wall or
fence six 6) feet in height must be located on the side property lines.
Fencing within the front setback must follow the requirements of Section
9-4.128.
(2) Play areas for children are to be fenced to prevent uncontrolled access to and from
the site. Fencing shall not include any solid materials and must be consistent with
the California Building Code.
(3) On-site landscaping must be installed and maintained in compliance with the
Multi -family zoning district requirements in Section 9-4.125.
(4) Outdoor areas (yards) must be kept clean and free of debris.
9-3.512 Operating standards
The following operating standards apply to emergency shelters:
(a) Emergency shelter operator. Each shelter shall be operated by an agency
organization with experience in managing or providing social services.
(b) Maximum number of beds. An emergency shelter shall have a maximum number of
beds for overnight clients served by the facility. This limitation on client beds does
not include accommodations for management, employees, or volunteers. The
following is the maximum number of client beds for approved shelter(s):
(1) Assessor Parcel Number (APN) 030-341-013: 50 beds.
(c) On-site management and supervision.
(1) Assessor Parcel Number (APN) 030-341-013. There shall be a minimum of
one (1) on duty supervisor for every twenty (25,) overnight residents during
the operatinghours.
(d) Operatinghours.
(2) Assessor Parcel Number (APN) 030-341-013. Hours of operation are limited
to between 4:00 p.m. and 9:00 a.m., daily. Shelter clients and theeg neral
public are not permitted on the premises when the shelter is not operating_
Exceptions:
(i.) Temporary shelter residents are permitted on the premises for scheduled
appointments with case manager(s) between the hours of 12:00 p.m. and
4:00 p.m. daily.
ITEM: B-1
DATE: 9-24-13
(ii.) Operator staff, board members, and contractors are not subject to any
time restrictions.
(iii.) Special Activities. No more than once per month a single special
activity is permitted on site that exceeds the specified hours of operation.
Special events include the following:
a. Fund raisers (not involving shelter clients
b. Neighborhood open houses (not involving shelter clients
c. Neighborhood meetings (not involving shelter clients
d. Holiday events for shelter clients; and
e. Official government enumeration surveys involving shelter
clients.
(e) Onsite Management Plan Contents. The operator must prepare and follow an on-site
management plan that must include the following_
(1) Rules. A list of rules and regulations for overnight clients.
(2) Logs. Provide a methodology for tracking the number of overnight clients.
(3) Security and Safety Plan that will address security and safety of occupants,
loitering control and management of outdoor areas.
(4) Types and descriptions of programs offered onsite.
(5) Required on site signage:
(i.) No loitering signs;
(ii.) No trespassing sign;
(iii.) No camping signs.
(6) Identify a neighborhood liaison and provide the contact information for the
liaison.
(7) Hold at least two neighborhood meetings each calendar year.
(8) A dispute resolution process for any neighborhood issues that may arise.
(9) Mechanisms for enforcement.
(f) Management Plan Submittal. Approval and Review.
(1) The initial management plan must be submitted within sixt(60) days of qpproval
of the overlay zone change and thereafter must be submitted for review b. the
City annually on February l st of every year.
(2) The initial management- plan must be approved by the City Council.
(3) Annual Review. The management plan will be reviewed annually b. staff.
Operations issues that cannot be resolved by staff will be forwarded to the
Planning Commission for review at a public hearing_
(g) Meal Program CUP Requirement and Operating Standards (Assessor Parcel Number
(APN) 030-341-013). Any on-site meal program that is open to theeg neral public
(Open Meal Program)is an ancillary use subject to the approval of a conditional use
permit under Section 9-2.110 of this code. Any such approved Open Meal Program
shall abide by the following operating standards.
ITEM: B-1
DATE: 9-24-13
(1) Hours of operation. Open Meal Program service operating hours shall be
between 4:00 p.m. and 6:00 p.m., daily. Non-residents participants shall
vacate the site no later than 6:15 D.M.
(2) The operator shall take reason steps to prevent meal recipients for
congregating in an around the site at all times to minimize adverse impacts on
adjacent properties.
(3) Employees and Volunteers. In addition to the required staffing listed in 9-
3.504(c)(1), the Open Meal Program shall operate with a staffing ratio of one
(1) employee or trained volunteer for every 10, meal program
participants. The operator shall provide training to all volunteers and
employees.
(4) Outdoor Monitors. From 4:00 p.m. to 6:15 p.m. daily, the Open Meal
Program shall include a minimum of one (1) outdoor monitor to supervise
participants in the rear of the property and one (1) outdoor monitor to
supervise participants in the front of the property. Outdoor monitors shall be
considered employees or volunteers for the staffingratio atio purposes listed in 9-
3.504(h)(3).
(5) Number of participants served. The maximum number of participants in the
meal program shall not exceed eighty (80) persons served in one day. This
includes both temporary overnight residents, and non-resident participants
(general public).
(6) Participant Screening. All Open Meal Program participants must be screened
by the operator prior to admission for meal service.
(7) Log of participants. A log of Open Meal Program _ participants is required to be
kept daily. The operator must make reasonable efforts to collect the following
information:
(i.) Legal Name.
(ii.) Date of birth.
(iii.) Housingst
(8) Review of Open Meal Program participants. The operator must make
available a log of Open Meal Program participants for periodic review by the
City
(9) Neighborhood Dispute Resolution Process. If the operator fails to follow
these operating standards or any other conditions of approval disputes
regarding such alleged violations or other impacts on the neighborhood will
be addressed as set forth in this subsection.
(i.) Aniplaints shall first be reported to the neighborhood liaison.
(ii.) If a resolution does not occur, any complaint may be submitted as a
code violation compliant to the City.
(iii.) Repeated violations to these operating standards or the conditions of
approval may result in a review of the operation of the shelter or the
Open Meal Program by the City Council. Following such review, the
City Council may amend these provisions to further regulate the
shelter and Open Meal Program, including the possible suspension or
revocation of the Open Meal Program.
ITEM: B-1
DATE: 9-24-13
(h) Optional Conditional Use Permit (CUP). The shelter operator may apply for a CUP
to provide additional services or programs, including daytime service programs _
beyond those described in section 9-3.504(d)(1).
Chapter 9 GENERAL DEFINITIONS
9-9.101 Purpose.
This chapter defines the terms and phrases of this title that are technical or specialized or that
may not reflect common usage. This chapter defines specific land uses only when definitions
more detailed than those provided in Chapter 9-3 are needed to determine the applicability of
standards. Where any of these definitions conflict with other titles of this Code, this chapter
prevails for the purposes of this title. (Ord. 68 § 9-9.101, 1983)
9-9.102 General definitions.
Supportive Housing. Housing with no limit on length of stay, that is occupied by the clients of
social services, such as persons with medical or mental health conditions, and that is linked to
on- or of- side services that assist the supportive housing resident in retaining the housing,
improving his or her health status, and maximizing his or her ability to lie in and, when possible,
work in the community, where no on-site medical care is provided. This definition excludes
housing for halfway houses intended for occupancybyparolees or convicted persons, children's
homes, halfway houses, rehabilitation centers, and self-help group homes.
Transitional Housing. Buildings configured as rental housingdevelopments, but operated
under program requirements that call for the termination of assistance and recirculation of the
assisted unit to another eligible program recipient at some predetermined future point in time,
which shall be no less than six months (Health and Safety Code section 50675.2(h)). This
definition excludes housing for halfway houses intended for occupancyby_parolees or convicted
persons, children's homes, halfway houses, rehabilitation centers, and self-help group homes.
ITEM: B-1
DATE: 9_24-13
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.
EXHIBIT A: Categorical Exemption
EXHIBIT B: Emergency Shelter Overlay Location
INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.C., Tom O'Malley, Mayor
City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
EXHIBIT A: Categorical Exemption
PLN 2011-1417 / ZCH 2011-0163
Housing Element Implementation
ITEM: B-1
DATE: 9-24-13
CITY OF ATASCADERO
NOTICE OF EXEMPTION
6907 El Camino Real Atascadero, CA 93422 805.461.5000
TO: File
FROM: City of Atascadero
Community Development Department
6907 El Camino Real
Atascadero, CA 93422
SUBJECT: Filing of Notice of Determination in Compliance with CEQA Sections 15061and 15062
Project Title
ZONING ORDINANCE CODE TEXTAMENDMENT
Project Location (Include County)
Citywide. Atascadero, CA 93.122 (San Luis Obispo County)
Project Description
Proposed Zoning Ordinance Text Amendments to portions of Title 9 Planning and Zoning. Proposed text
amendments implement the City's Housing Element and revisions are consistent with the Goals and Policies
of the City's General Plan. Text amendments including the following:
• Revisions and reorganization ofArticle 3 into Residential Zoning Districts (Article 3);
• Revisions to the Residential Multi -Family Density standards (AMC 9-3.175)
• Introduction ofa residential district allowable uses matrix (AMC 9-3.180);
• Reserving Articles 4, 5, and 6 for future uses;
• Inclusion ofnew conditionally allowed residential uses and revised land use definitions in the
Commercial Neighborhood (CN), Commercial Retail (CR) and Commercial Park (CP) zones (AMC
sections 9-3.223, 9-3.203,9-3.213),
• Introduction ofArticle 25, Emergency Shelter Overlay Zone ordinance for consistency with State of
California Senate Bill 2 (Article 23);
• Designated APN 030-341-013 as an Emergency Shelter (FS) overlay zone for implementation ofthe
City's Emergency Shelter Ordinance; regardless ofowner,
• Additions to the land use descriptions in Article 29 for code consistency purposes (AMC 9-3.701);
• Revisions to Article 13, Downtown Zone -1 PC (Pedestrian Commercial) Zone for consistency with
revised land use definitions (AMC 9-3.262);
• Introduction ofArticle 30, Density Bonus, for consistency with State Housing Law (Article 30);
• Introduction of Chapter 13 -Reasonable Accommodations for consistency with State and Federal
Housing and Disability law (AMC 9-13);
• Additions to section 9-102 General definitions for consistency with proposed ordinances;
ITEM: B-1
DATE: 9_24-13
CITY OF ATASCADERO
NOTICE OF EXEMPTION
Page 2 of 2
Name of Public Agency Approving Proiect
City ofAtascadero
Name of Person or Agency Carrying Out Proiect
Community Development Department, City ofAtascadero
Exempt Status:
Reasons whyproject is exempt:
The California Environmental Quality Act (CEQA) (Section 15061.(3) Review for Exemption) exempts
activities which are covered by the general rule that CEQA applies only to projects, which have the
potential for causing a significant effect on the environment.
Date: June 25, 2013 /?z
Alfredo R. Castillo, AlCP
Assistant Planner
Page 2 of 2
EXHIBIT B: Emergency Shelter (ES) Overlay Zone Site
PLN 2011-1417 / ZCH 2011-0163
Housing Element Implementation
N
"i
ITEM: B-1
DATE: 9_24-13
L5
ITEM: B-1
DATE: 9-24-13
ATTACHMENT 6: Emergency Shelter Ordinance (No CUP required for Meal Program) Draft Ordinance B-2
DRAFT ORDINANCE B-2
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
APPROVING ZONE TEXT CHANGE T CHANGE 2011-0163 AMENDING
TITLE 9 OF THE ATASCADERO MUNICIPAL CODE
PLN 2011-1417/ZCH 2011-0163
(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, Atascadero CA 93422), to consider Zone Change Text Amendments regarding the
introduction of Article 23, Emergency Shelter Overlay Zone ordinance for consistency with State
of California Senate Bill 2; designated APN 030-341-013 as an Emergency Shelter (ES) overlay
zone for implementation of the City's Emergency Shelter Ordinance regardless of owner;
establishing the requirements for an open meal program; and additions to Section 9-9.102 for
consistency purposes; and,
WHEREAS, a Notice of Exemption was prepared for the project and made available for
public review in accordance with the requirements of the California Environmental Quality Act
(CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to Title 9 Planning and Zoning of the Municipal Code; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and
Zoning Text Change application was held by the Planning Commission of the City of Atascadero
at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and
Zoning Text Amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on June 18, 2013, studied and recommended PLN 2011-1417/ZCH 2011-0163 for approval;
and,
ITEM: B-1
DATE: 9-24-13
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on September 24, 2013 studied and considered Zone Change 2011-0163; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1: Title 9 of the Atascadero Municipal Code is amended to read as
follows:
9-3.103 Overlay districts established.
Overlay districts intended to protect public safety and the environment and to preserve
scenic, cultural and historic resources are established as follows:
(a) Overlay districts:
(1) Flood Hazard—FH;
(2) Geologic Hazard—GH;
(3) Historic Site—HS;
(4) Sensitive Resource—SR;
(5) Planned Development—PD. (Ord. 68 § 9-3.103, 1983)
(6) Emergency Shelters – ES (9-3.901)
Article 23. ES (Emergency Shelter) Overlay Zone
9-3.513 Purpose
The Emerzencv Shelter Overlav Zone identifies areas where emeraencv shelters may be
Dermitted without a Conditional Use Permit in compliance with Senate Bill 2 (Statutes of 2007)
and the Housing Element.
9-3.514 Applicability of emergency shelter standards
The standards of this Article apply to emergency shelters located in the Emergency Shelter
Overlay Zone. The emergency shelter overlay zone is applicable to the following zoning
districts or site specific areas):
(a) Assessor Parcel Number (APN) 030-341-013
9-3.515 Minimum site design and development standards
An emergency shelter is subject to all property development standards of the zoning district in
which it is located except as modified by the following standards:
(a) Minimum site area: One (1) gross acre is the minimum site area.
(b) Intake location. The shelter intake area must be setback a minimum of twenty (20)
feet from the rear property line. Rear property line is defined as Lot A of San Luis
Obispo County Parcel Maps Book 23, page 76.
(c) Parking:
(1) One (1) vehicle parkin space space per five (5) beds must be provided onsite.
ITEM: B-1
DATE: 9-24-13
(2) One 1) bicycle space per ten (10) beds must be provided onsite.
(3) One (1) vehicle space per employee must be provided onsite.
(4) Parking area must be shown in a site plan. Parking area must be paved.
(5) Parking area must be lit for security purposes with permanent lighting consistent
with Section 9-4.137 of the Atascadero Municipal Code.
(6) Sleeping in or occupying vehicles as a residence is not permitted on the site.
(d) Landscaping and fencing.
(1) Perimeter fencing. Perimeter fencing is required on a per site basis subject to
review and approval by the Design Review Committee. The following perimeter
fencingis s required for approved shelter(s):
(i.) Assessor Parcel Number (APN) 030-341-013: A solid masonry wall eight
(8) feet in height must be located on the rear property lines. A solid wall or
fence six 6) feet in height must be located on the side property lines.
Fencing within the front setback must follow the requirements of Section
9-4.128.
(2) Play areas for children are to be fenced to prevent uncontrolled access to and from
the site. Fencing shall not include anv solid materials and must be consistent with
the California Building Code.
(3) On-site landscaping must be installed and maintained in compliance with the
Multi -family zoning district requirements in Section 9-4.125.
(4) Outdoor areas (yards) must be kept clean and free of debris.
9-3.516 Operating standards
The following operating standards apply to emergency shelters:
(a) Emergency shelter operator. Each shelter shall be operated by an agency or
organization with experience in managing or providing social services.
(b) Maximum number of beds. An emergency shelter shall have a maximum number of
beds for overnight clients served by the facility. This limitation on client beds does
not include accommodations for management, employees, or volunteers. The
following is the maximum number of client beds for approved shelter(s):
(1) Assessor Parcel Number (APN) 030-341-013: 50 beds.
(c) On-site management and supervision.
(1) Assessor Parcel Number (APN) 030-341-013. There shall be a minimum of
one (1) on duty supervisor for every twenty (25) overnight residents during
the operatinghours.
(d) Operatinghours.
(2) Assessor Parcel Number (APN) 030-341-013. Hours of operation are limited
to between 4:00 p.m. and 9:00 a.m., daily. Shelter clients and theeg neral
public are not permitted on the premises when the shelter is not operating_
Exceptions:
ITEM: B-1
DATE: 9-24-13
(i.) Temporary shelter residents are permitted on the premises for scheduled
appointments with case manager(s) between the hours of 12:00 p.m. and
4:00 p.m. &LII.
(ii.) Operator staff, board members, and contractors are not subject to any time
restrictions.
(iii.) Special Activities. No more than once per month a single special activity
is permitted on site that exceeds the specified hours of operation. Special
events include the following:
a. Fund raisers (not involving shelter clients
b. Neighborhood open houses (not involving shelter clients
c. Neighborhood meetings (not involving shelter clients
d. Holiday events for shelter clients; and
e. Official government enumeration survevs involving shelter
clients.
(e) Onsite Management Plan Contents. The operator must prepare and follow an on-site
managementplan that must include the following_
(1) Rules. A list of rules and regulations for overnight clients.
(2) Logs. Provide a methodology for tracking the number of overnight clients.
(3) Security and Safety Plan that will address security and safety of occupants,
loitering control and management of outdoor areas.
(4) Types and descriptions of programs offered onsite.
(5) Required on site signage:
(i.) No loitering signs;
(ii.) No trespassing sign;
(iii.) No campin signs.
igns.
(6) Identify a neighborhood liaison and provide the contact information for the
liaison.
(7) Hold at least two neighborhood meetings each calendar year.
(8) A dispute resolution process for any neighborhood issues that mgy arise.
(9) Mechanisms for enforcement.
(f) Management Plan Submittal. Approval and Review.
(1) The initial management- plan must be submitted within sixty (60) days of qpproval
of the overlay zone change and thereafter must be submitted for review b. the
City annually on February 1 st of everyyear.
(2) The initial management- plan must be approved by the City Council.
(3) Annual Review. The management plan will be reviewed annually by staff.
Operations issues that cannot be resolved by staff will be forwarded to the
Planning Commission for review at a public hearing_
(g) Meal Programperating Standards (Assessor Parcel Number (APN) 030-341-013).
Any on-site meal program that is open to theeg neral public (Open Meal Program)is
an ancillary use to the emeraencv shelter and shall abide by the followiniz oneratiniz
standards:
ITEM: B-1
DATE: 9-24-13
(1) Hours of operation. Open Meal Program service operating hours shall be
between 4:00 p.m. and 6:00 p.m., daily. Non-residents participants shall
vacate the site no later than 6:15 D.M.
(2) The operator shall take reason steps to prevent meal recipients for
congregating in an around the site at all times to minimize adverse impacts on
adjacent properties.
(3) Employees and Volunteers. In addition to the required staffing listed in 9-
3.504(c)(1), the Open Meal Program shall operate with a staffing ratio of one
(1) employee or trained volunteer for every 10, meal program
participants. The operator shall provide training to all volunteers and
employees.
(4) Outdoor Monitors. From 4:00 p.m. to 6:15 p.m. daily, the Open Meal
Program shall include a minimum of one (1) outdoor monitor to supervise
participants in the rear of the property and one (1) outdoor monitor to
supervise participants in the front of the property. Outdoor monitors shall be
considered employees or volunteers for the staffing ratio purposes listed in 9-
3.504(h)(3).
(5) Number of participants served. The maximum number of participants in the
meal program shall not exceed eighty (80) persons served in one day. This
includes both temporary overnight residents, and non-resident participants
(general publicl
(6) Participant Screening. All Open Meal Program participants must be screened
by the operator prior to admission for meal service.
(i.) No serve list maintained b. t�perator in cooperation with the
Atascadero Police Department;
(ii.) Evaluation of on-site of behavior;
(iii.) Any additional screening tests as required by perator or City of
Atascadero.
(iv.) Random drugtg and / or breathalyzer test verifying alcohol
sobriety shall be administered on an as needed basis only.
(v.) Failure by participant of any of these pre -admission screenings is
cause for denial of meal service for duration of time as determined
Operator.
(7) Log of participants. A log of Open Meal Program participants is required to be
kept daily. The operator must make reasonable efforts to collect the following
information:
(iv.) Legal Name.
(v.) Date of birth.
(vi.) Housingst
(8) Review of Open Meal Program participants. The operator must make
available a log of Open Meal Program _ participants for periodic review by the
City
(9) Neighborhood Dispute Resolution Process. If the operator fails to follow
these operating standards or any other conditions of approval disputes
ITEM: B-1
DATE: 9-24-13
reaardina such alleged violations or other impacts on the neighborhood will
be addressed as set forth in this subsection.
(i.) Aniplaints shall first be reported to the neighborhood liaison.
(ii.) If a resolution does not occur, any complaint may be submitted as a
code violation compliant to the City.
(iii.) Repeated violations to these operating standards or the conditions of
qpproval may result in a review of the operation of the shelter or the
Open Meal Program by the City Council. Following such review, the
City Council may amend these provisions to further regulate the
shelter and Open Meal Program, including the ,possible suspension or
revocation of the Open Meal Program.
(h) Optional Conditional Use Permit (CUP). The shelter operator may apply for a CUP
to provide additional services or programs, including daytime service programs
beyond those described in section 9-3.504(d)(1).
Chapter 9 GENERAL DEFINITIONS
9-9.101 Purpose.
This chapter defines the terms and phrases of this title that are technical or specialized or that
may not reflect common usage. This chapter defines specific land uses only when definitions
more detailed than those provided in Chapter 9-3 are needed to determine the applicability of
standards. Where any of these definitions conflict with other titles of this Code, this chapter
prevails for the purposes of this title. (Ord. 68 § 9-9.101, 1983)
9-9.102 General definitions.
Supportive Housing. Housing with no limit on length of stay, that is occupied by the clients of
social services, such as persons with medical or mental health conditions, and that is linked to
on- or of- side services that assist the supportive housing resident in retaining the housing,
improving his or her health status, and maximizing his or her ability to lie in and, when possible,
work in the community, where no on-site medical care is provided. This definition excludes
housing for halfway houses intended for occupancybyparolees or convicted persons, children's
homes, halfway houses, rehabilitation centers, and self-help group homes.
Transitional Housing. Buildings configured as rental housing developments, but operated
under program requirements that call for the termination of assistance and recirculation of the
assisted unit to another eligible program recipient at some predetermined future point in time,
which shall be no less than six months (Health and Safety Code section 50675.2(h)). This
definition excludes housing for halfway houses intended for occupancy by parolees or convicted
persons, children's homes, halfway houses, rehabilitation centers, and self-help group homes.
ITEM: B-1
DATE: 9_24-13
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.
EXHIBIT A: Categorical Exemption
EXHIBIT B: Emergency Shelter Overlay Location
INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
CITY OF ATASCADERO
Marcia McClure Torgerson, C.M.C., Tom O'Malley, Mayor
City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
EXHIBIT A: Categorical Exemption
PLN 2011-1417 / ZCH 2011-0163
Housing Element Implementation
ITEM: B-1
DATE: 9-24-13
CITY OF ATASCADERO
NOTICE OF EXEMPTION
6907 El Camino Real Atascadero, CA 93422 805.461.5000
TO: File
FROM: City of Atascadero
Community Development Department
6907 El Camino Real
Atascadero, CA 93422
SUBJECT: Filing of Notice of Determination in Compliance with CEQA Sections 15061and 15062
Project Title
ZONING ORDINANCE CODE TEXTAMENDMENT
Project Location (Include County)
Citywide. Atascadero, CA 93.122 (San Luis Obispo County)
Project Description
Proposed Zoning Ordinance Text Amendments to portions of Title 9 Planning and Zoning. Proposed text
amendments implement the City's Housing Element and revisions are consistent with the Goals and Policies
of the City's General Plan. Text amendments including the following:
• Revisions and reorganization ofArticle 3 into Residential Zoning Districts (Article 3);
• Revisions to the Residential Multi -Family Density standards (AMC 9-3.175)
• Introduction ofa residential district allowable uses matrix (AMC 9-3.180);
• Reserving Articles 4, 5, and 6 for future uses;
• Inclusion ofnew conditionally allowed residential uses and revised land use definitions in the
Commercial Neighborhood (CN), Commercial Retail (CR) and Commercial Park (CP) zones (AMC
sections 9-3.223, 9-3.203,9-3.213),
• Introduction ofArticle 25, Emergency Shelter Overlay Zone ordinance for consistency with State of
California Senate Bill 2 (Article 23);
• Designated APN 030-341-013 as an Emergency Shelter (FS) overlay zone for implementation ofthe
City's Emergency Shelter Ordinance; regardless ofowner,
• Additions to the land use descriptions in Article 29 for code consistency purposes (AMC 9-3.701);
• Revisions to Article 13, Downtown Zone -1 PC (Pedestrian Commercial) Zone for consistency with
revised land use definitions (AMC 9-3.262);
• Introduction ofArticle 30, Density Bonus, for consistency with State Housing Law (Article 30);
• Introduction of Chapter 13 -Reasonable Accommodations for consistency with State and Federal
Housing and Disability law (AMC 9-13);
• Additions to section 9-102 General definitions for consistency with proposed ordinances;
ITEM: B-1
DATE: 9_24-13
CITY OF ATASCADERO
NOTICE OF EXEMPTION
Page 2 of 2
Name of Public Agency Approving Proiect
City ofAtascadero
Name of Person or Agency Carrying Out Proiect
Community Development Department, City ofAtascadero
Exempt Status:
Reasons whyproject is exempt:
The California Environmental Quality Act (CEQA) (Section 15061.(3) Review for Exemption) exempts
activities which are covered by the general rule that CEQA applies only to projects, which have the
potential for causing a significant effect on the environment.
Date: June 25, 2013 /?z
Alfredo R. Castillo, AlCP
Assistant Planner
Page 2 of 2
EXHIBIT B: Emergency Shelter (ES) Overlay Zone Site
PLN 2011-1417 / ZCH 2011-0163
Housing Element Implementation
N
"i
ITEM: B-1
DATE: 9_24-13
L5
ATTACHMENT 7: Draft Ordinance C
DRAFT ORDINANCE C
ITEM: B-1
DATE: 9-24-13
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
APPROVING ZONE TEXT CHANGE T CHANGE 2011-0163 AMENDING
TITLE 9 OF THE ATASCADERO MUNICIPAL CODE
SINGLE ROOM OCCUPANCY UNIT (SRO) ORDINANCE
PLN 2011-1417/ZCH 2011-0163
(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, Atascadero CA 93422), to consider Zone Change Text Amendments regarding the
introduction of section 9-6.184, Single Room Occupancies unit ordinance; additions to
conditionally allowed uses in Section 9-3.180; addition to conditionally allowed uses in section
9-3.223; and additions to section 9-102 General definitions for consistency with proposed
ordinance; and
WHEREAS, a Notice of Exemption was prepared for the project and made available for
public review in accordance with the requirements of the California Environmental Quality Act
(CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to Title 9 Planning and Zoning of the Municipal Code; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and
Zoning Text Change application was held by the Planning Commission of the City of Atascadero
at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and
Zoning Text Amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on June 18, 2013, studied and recommended PLN 2011-1417/ZCH 2011-0163 for approval;
and,
ITEM: B-1
DATE: 9_24-13
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on September 24, 2013 studied and considered Zone Change 2011-0163; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1: Title 9 of the Atascadero Municipal Code is amended to read as
follows:
9-3.180 Residential District Allowable Land Uses
Allowed Land Uses and Permit
A Allowed Use, Zoning Clearance Required
Requirements
CUP Conditional Use Permit Required
Residential Zones
— Not Permitted
Use
Permitted Uses By Zones
Special Use
Regulation(s)
RS RSF LSF RMF
CUP
Agricultural Related Uses
Agricultural accessory uses
A
A
9-6.109
Agricultural processing
CUP
Animal hospitals
CUP
9-.6.110
Crop production and grazing
CUP
9-6.113
Farm animal raising
A
A
CUP
9-6.112
Horticultural specialties
A
9-6.116
Livestock Specialties
CUP
9-6.115
Industrial, Manufacturing, Processing
Mining
CUP
9-6.159, 9-6.151
Petroleum extraction
CUP
9-6.148
Surface Mining
CUP
9-6.159, 9-6.151
Recreation, Education, & Public Assembly
Churches and related activities
CUP
CUP
CUP
CUP
9-6.121
Rural sports and group facilities
CUP
9-6.124
Schools
CUP
CUP
CUP
CUP
9-6.125
Schools – Business Vocational
CUP
CUP
CUP
CUP
9-6.125
Residential Uses
Accessory Storage
A
A
A
A
9-6.103
Home occupations
A
A
A
A
9-6.105
Multiple Family Dwellings
A
9-3.175
Mobilehome developments
CUP
CUP
CUP
CUP
9-6.142, 9-6.143
Organizational Houses
CUP
CUP
CUP
CUP
9-3.175
Residential care six (6) clients and less
A
A
A
A
9-6.135
Residential care seven (7) clients or more
CUP
CUP
CUP
A
9-6.135
Residential accessory uses
A
A
A
A
9-6.106
Residential Care for the Elderly (RCFE)
CUP
9-3.175
Single-family dwelling
A
A
A
A
9-6.143, 9-6.184
Single Room QccupancyALnit
CUP
9-6.184
Secondary Residential Units
A
A
A
Chapter 5
ITEM: B-1
DATE: 9-24-13
Allowed Land Uses and Permit
A Allowed Use, Zoning Clearance Required
Requirements
CUP Conditional Use Permit Required
Residential Zones
— Not Permitted
Use
Permitted Uses By Zones
Special Use
CUP
Regulation(s)
RS RSF LSF RMF
A
A
Temporary dwelling A A A A 9-6.175
Retail
Roadside stands A A 9-6.117
Temporary or seasonal retail sales A 9-6.174
Services -Professional
Bed and Breakfast
CUP
CUP
CUP
CUP
Day Care, six 6 clients or less
A
A
A
A
9-6.125
Day Care, seven 7 clients or more
CUP
CUP
CUP
CUP
9-6.125
Kennels
CUP
CUP
9-6.111
Medical Extended Care Services, six (6)
clients or less
A
A
A
CUP
9-6.134
Medical Extended Care Services, seven (7)
clients or more
CUP
CUP
CUP
CUP
9-6.134
Temporary events
A
A
A
A
9-6.177
Transportation, Infrastructure & Communication
Utility transmission facilities
A
A
A
A
Parking Lots
CUP
9-4.120
Pipeline
CUP
CUP
CUP
Pipelines, where pipelines are below the
surface and where pipelines are not used to
convey toxic or hazardous substances other
than gasoline, crude oil, natural gas, liquefied
petroleum gas or liquefied natural gas
A
Pipelines, where pipelines are not below the
surface and where pipelines are used to
convey toxic or hazardous substances other
than gasoline, crude oil, natural gas, liquefied
petroleum gas or liquefied natural gas
CUP
9-3.223 Conditional uses.
The following uses may be allowed in the Commercial Retail Zone. The establishment of
conditional uses shall be as provided by Section 9-2.110 (Conditional use permits):
(u) Amusement services;
(v) Bar/tavern;
(w) Caretaker residence (see Section 9-6.104);
(x) Eating and drinking places with drive-through facilities;
(y) Service station (see Section 9-6.164);
(z) Public assembly and entertainment;
(aa) Indoor recreation services;
(bb) Animal hospitals (see Section 9-6.110);
(cc) Auto repair and services (see Section 9-6.168);
(dd) Churches and related activities (see Section 9-6.121);
ITEM: B-1
DATE: 9-24-13
(ee) Food and kindred products (see Section 9-6.128);
(ff) Pipelines;
(gg) Outdoor recreation services (see Section 9-6.123);
(hh) Sports assembly;
(ii) Transit stations and terminals;
Oj) Kennels (see Section 9-6.111);
(kk) Vehicle and equipment storage (see Section 9-6.183);
(11) Auto dealers (new and used) and supplies (see Section 9-6.163);
(mm) Personal services—Restricted. (Ord. 552 § 2, 2010; Ord. 473 § 2, 2005; Ord. 364
§ 2, Exh. B, 1999; Ord. 310 § 3, Exh. B, 1996; Ord. 68 § 9-3.223, 1983);
(nn) Multi -Family Dwelling, when located on the 2nd floor or above;
(oo) Single Room Occupancy unit (see Section 9-6.1841
9-6.185 Single Room Occupancy Units (SRO)
This section applies to a single room occupancy (SRO) unit, which is A structure that provides
separate, single room, residential living units with no on -premise residential medical care. Units
within the structure may have individual bathroom facilities, shared bath or toilet facilities for
the residents, or any combination thereof.
(a) Development Standards. Each single -room occupancy facility shall comply with all
applicable development standards in the zoning district where it is located. In
addition, the following use -specific standards shall apply:
(1) Parking Requirements. 1 space per 4 units, 1 space per employee and additional '/2
space for every 2 units for visitor narking. Parking requirements may be modified
by the Planning Commission.
(2) Unit size. Minimum size of a unit shall be 200 square feet with the maximum
size no greater than 350 square feet. Room calculation shall include bathroom
and/or kitchen facilities.
(3) Common area. A minimum of 10 square feet for each unit or 250 square feet.
whichever is greater, shall be provided for a common area. All common area shall
be within the structure. Dining rooms, meeting rooms, recreational rooms, or
other similar areas approved by the Community Development Director may be
considered common areas. Shared bathrooms and kitchens shall not be considered
as common areas.
(4) Occupancy limitations. No more than one person shall occupy a single -room
occupancy unit.
(5) Onsite management. A 24-hour resident manager shall be provided for any single -
room occupancy facility with five (5) or more units.
(6) Facilities. The following are facility standards for SRO developments:
i. Kitchen. Each unit shall be provided at minimum, a kitchen sink serviced
with hot and cold water, a garbage disposal and a counter top measuring a
minimum of 18 inches wide by 24 inches deep. A complete kitchen
facility available for residents shall be provided on each floor of the
structure, if each individual unit is not provided with a minimum of a
refrigerator and a microwave oven.
ITEM: B-1
DATE: 9-24-13
ii. Bathroom. Each unit shall private toilet in an enclosed compartment with
a door. This compartment shall be a minimum of 15 square feet. If private
bathing facilities are not provided for each unit, shared shower or bathtub
facilities shall be provided at a ratio of one for every seven units or
fraction thereof. The shared shower or bathtub facility shall be on the
same floor as the units it is intended to serve and shall be accessible from
a common area or hallway. Each shared shower or bathtub facility shall be
provided with an interior lockable door. Common area bathroom facilities
shall comply with adopted California Building Permit Standards at the
time of permit issuance.
iii. Closet. A closet shall be provided for each unit and shall be a minimum of
six square feet.
(b) Notwithstanding the provisions of Section 9.7-108, existing nonconforming structures
currently in use for single -room occupancy in zoning districts where the use is
permitted may be altered to comply with the following single -room occupancy
residential development standards without obtaining a Conditional Use Permit.
Chapter 9 GENERAL DEFINITIONS
9-9.101 Purpose.
This chapter defines the terms and phrases of this title that are technical or specialized or that
may not reflect common usage. This chapter defines specific land uses only when definitions
more detailed than those provided in Chapter 9-3 are needed to determine the applicability of
standards. Where any of these definitions conflict with other titles of this Code, this chapter
prevails for the purposes of this title. (Ord. 68 § 9-9.101, 1983)
Single -Room Occupancy Unit (SRO). A structure that provides separate, single room,
residential living units with no on -premise residential medical care. Units within the structure
may have individual bathroom facilities, shared bath or toilet facilities for the residents, or any
combination thereof. SRO may include structures commonly called rooming houses or boarding
houses. SRO facilities shall not be aged restricted. Age restricted SRO facilities shall be
considered a Residential Care Facility for the Elderly (RCFEI.
EXHIBIT A: Categorical Exemption
PLN 2011-1417 / ZCH 2011-0163
Housing Element Implementation
ITEM: B-1
DATE: 9_24-13
CITY OF ATASCADERO
NOTICE OF EXEMPTION
6907 El Camino Real Atascadero. CA 93422 805.161.5000
TO: File
FROM: City of Atascadero
Community Development Department
6907 El Camino Real
Atascadero, CA 93422
SUBJECT: Filing of Notice of Determination in Compliance with CEQA Sections 15061 and 15062
Proiect Title
ZONING ORDINANCE CODE TEXTAMENDMENT
Proiect Location (Include County)
Citywide. Atascadero. CA 93422 (San Luis Obispo County)
Proiect Description
Proposed Zoning Ordinance Text Amendments to portions of Title 9 Planning and Zoning. Proposed text
amendments implement the City's Housing Element and revisions are consistent with the Goals and Policies
of the City's General Plan. Text amendments including the following:
• Revisions and reorganization ofArticle 3 into Residential Zoning Districts (Article 3);
• Revisions to the Residential Multi -Family Density standards (AMC 9-3.175)
• Introduction ofa residential district allowable uses matrix (AMC 9-3.180);
• Reserving Articles 4, 5, and 6 for future uses;
• Inclusion of new conditionally allowed residential uses and revised land use definitions in the
Commercial Neighborhood (CN), Commercial Retail (CR) and Commercial Park (CP) zones (AMC
sections 9-3.223, 9-3.203,9-3.213),
• Introduction ofArticle 25, Emergency Shelter Overlay Zone ordinance for consistency with State of
California Senate Bill 2 (Article 23);
• Designated APN 030-341-013 as an Emergency Shelter (ES) overlay zone for implementation ofthe
City's Emergency Shelter Ordinance; regardless ofowner,
• Additions to the land use descriptions in Article 29 for code consistency purposes (AMC 9-3.701);
• Revisions to Article 13, Downtown Zone -1 PC (Pedestrian Commercial) Zone for consistency with
revised land use definitions (AMC 9-3.262);
• Introduction ofArticle 30, Density Bomrs, for consistency with State Housing Law (Article 30);
• Introduction of section 9-6.184, Single Room Occupancies ordinance (AMC 9-6.185)
• Introduction of Chapter 13 -Reasonable Accommodations for consistency with State and Federal
Housing and Disability law (AMC 9-13);
• Additions to section 9-102 General defmitions for consistency with proposed ordinances;
ITEM: B-1
DATE: 9_24-13
CITY OFATASCADERO
NOTICE OF EXEMPTION
Page 2 of 2
Name of Public Agency Approving, Proiect
City ofAtascadero
Name of Person or Agency Carrying Out Proiect
Community Development Department, City ofAtascadero
Exempt Status:
Reasons why project is exempt:
The California Environmental Quality Act (CEQA) (Section 15061.(3) Review for Exemption) exempts
activities which are covered by the general rule that CEQA applies only to projects, which have the
potential for causing a significant effect on the environment.
Date: June 25, 2013 1-7 / -^
Alfredo R. Castillo, AICP
Assistant Planner
Page 2 of 2
Atascadero City Council
Staff Report — Public Works Department
ITEM NUMBER: B - 2
DATE: 9-24-13
Community Development Block Grant (CDBG)
Funding Reallocations
RECOMMENDATIONS:
Council:
1. Direct staff to eliminate the Community Services Foundation Youth
Scholarships award from the 2013 CDBG cycle, and add the City of
Atascadero Youth Scholarships 2013 to the CDBG cycle; and,
2. Direct staff to include the 2012 funding for the North County Adaptive Sports
Program in the 2013 CDBG cycle.
DISCUSSION:
The City of Atascadero was awarded funding during the 2013 Community Development
Block Grant (CDBG) cycle Atascadero's Youth Scholarship Program. The funding was
allocated to the Atascadero Community Services Foundation. The City is currently in
the process of dissolving the Atascadero Community Services Foundation in an effort to
streamline the process for future scholarships and donations. In order for the
scholarship funding to remain available, the funds must be formally reallocated to the
City. These are administrative reallocations and they do not change the underlying
intent of the programs.
North County Adaptive Sports was awarded funding during the 2012 cycle however
funding was delayed due to a modification in the specific activity for which the funds
were requested. Due to complex regulations from the Department of Housing and
Urban Development (HUD) this activity must now also be included in the 2013 cycle.
This request does not increase or decrease funding for this project but simply adjusts
the funding cycle.
If approved, these recommendations will be forwarded to the County Board of
Supervisors for inclusion in the 2013 Action Plan.
FISCAL IMPACT:
There is no fiscal impact.
Atascadero City Council
ITEM NUMBER: C - 1
DATE: 09/24/13
Staff Report - Community Development Department
Economic Development Hotspots
Council Review and Update
RECOMMENDATION:
Council give direction on reprioritizing Economic Development Hotspot projects.
DISCUSSION:
Background: In 2011, the City Council identified a series of economic development
"Hot Spots" in the community that should be prioritized for City assistance. The idea
was that the Redevelopment Agency (RDA) would provide assistance to prepare these
sites for commercial development. With the loss of RDA, the City's resources to assist
Hot Spots are limited, but creative solutions, like fee deferrals, are still possible. The
following Hot Spot sites were identified:
2011/12 Hot Spot List
1. Home Depot Center
2. Walmart / Annex (Del Rio site)
3. K -Mart Shopping Center corner
4. Downtown / Hoff Property
5. Colony Square
6. Spencer's Center/ DeCou Lumber Property
7. Montecito Road abandoned motel
At the 2013 Council Strategic Planning Meeting the Hot Spot list was reordered. The
Council split the list into active and future projects as follows:
ITEM NUMBER: C - 1
DATE: 09/24/13
2013 Hot Spot List
Status
Future Projects
1. Downtown / Hoff Property
Conditional use permit approved by City
Council in August 2013.
2. Spencer's Center / DeCou Lumber
DeCou site purchased by Don Giessinger.
Property
.
Stylehouse furniture opening in old hardware
store.
•
Spencer's Market closed
3. Montecito Road abandoned motel
.
Abandoned motel units have been
demolished
•
Site marketing package prepared by staff
4. K -Mart Shopping Center corner
.
Sears/K-Mart opposed to corner property
sale. Staff tried several times to suggest
alternatives. Development will be difficult.
•
Taco Bell has passed on site
Active Projects
1. Home Depot Center
.
Spring Hill Suite Hotel under construction
2. Walmart / Annex (Del Rio site)
•
General plan amendment / EIR approved
•
City consultants preparing interchange
roundabout plans.
•
Appeal Lawsuit pending
3. Colony Square
Phase 2 CUP amendment approved
•
Building pad re -fencing done
•
Marketing and tenant recruitment
coordination on-going
Analysis: The purpose of the Hot Spot list is to help focus staff's economic
development efforts. The Council should consider updating and revising the list as
priorities change and projects are completed.
FISCAL IMPACT:
The Hot Spot list does not have a direct fiscal impact on the City, but each project on
the list has the potential for both positive and negative fiscal impacts depending on how
a project is structured. Fiscal decisions on specific projects would require future Council
actions at which time actual fiscal impacts would be analyzed.