HomeMy WebLinkAboutOrdinance 572 CERTIFICATION
I, Marcia McClure T'orgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 572, adopted by the
Atascadero City Council at a regular meeting thereof held on September 24, 2013, and that it has
been duly published pursuant to State Law.
DATED:
Marcia McClurg Torgerson,C.M.C. {
City Clerk
City of Atascadero, California
ORDINANCE NO. 572
AN ORDINANCE OF THE CI'T'Y COUNCIL
OF THE CITE' OF ATASCADERO, CALIFORNIA,
APPROVING ZONE TEXT CHANGE 201.1-0163 AMENDING
TITLE 9 OF THE ATASCADERO MUNICIPAL CODE
SINGLE ROOM OCCUPANCY UNIT (SRO) ORDINANCE
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 (6500 Palma
Avenue, 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 1.8, 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:
City of Atascadero
Ordinance No.572
Page 2 of 4
SECTION 1: Title 9 of the Atascadero Municipal Code is amended to read as follows:
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.;
(e) 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 andrelated 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 9-6.11.1);
(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.. 3 1.0 § 3, Exh. B, 1996; Ord. 68 § 9-3.223, 1983);
(t) Multi-Family Dwelling, when located on the 2nd floor or above;
(u) Single Room Occupancy unit(see Section 9-6.184)
9-6.184 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 %Z
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 greater than 400 square feet. Room calculation shall include bathroom
and/or kitchen facilities.
City of Atascadero
Ordinance No.572
Page 3 of Q
(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 two (2)persons shall occupy a single-room
occupancy unit. Occupancies shall be determined by the Planning Commission as
a conditional use permit condition.
(5) Onsite management. A 24-hour resident manager shall be provided for any single-
room occupancy facility with eight(8) or more tenants.
(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.
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 andshall 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)
City of Atascadero
Ordinance No.572
Page 4 of 4
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(RCFE).
SECTION 2: A summary of this ordinance shall be published twice: at least five days
prior to its final passage in the Atascadero News, a newspaper published and circulated in the
City of Atascadero, and; before the expiration of fifteen (15) days after its final passage, in the
Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of
the full text of this ordinance shall be on file in the City Clerk's Office on and after the date
following introduction and passage and shall be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on September 24, 2013, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
October 8,2013,by the following roll call vote:
AYES: Council Members Fonzi,Kelley and Moreno
NOES: None
ABSTAIN: Mayor Pro Tem Sturtevant and Mayor O'Malley
ABSENT: None
ATTEST: CI OF SCAD IQ
, w f X
Marcia McClure Torgerson, C.M. Roberta Fonzi, Council ber
City Clerk
APPROV TO FORM:
Brian ierik, City Attorney