HomeMy WebLinkAboutOrdinance 454 CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of
Atascadero, hereby certify that the foregoing is the true and correct original of
Ordinance No. 454 adopted by the Atascadero City Council at a regular meeting
thereof held on July 27, 2004 and that it has been duly published pursuant to
State Law.
DATED:
Marcia McClure Torgerson, C .C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 454
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO
MUNICIPAL CODE BY APPROVING ZONING CODE TEXT
AMENDMENT 2004-0079, AMENDING THE REGULATION OF
SECONDARY RESIDENTIAL UNITS AND ACCESSORY STRUCTURES
(Residential Secondary Units)
The City Council hereby finds and declares as follows:
WHEREAS, the Atascadero City Council at a regular meeting held on March 23, 2004
initiated a Zoning Code Text Amendment process to expand the allowable areas for secondary
residential units; and,
WHEREAS, California Government Code Section 65852.2, mandates that cities permit
second units in residential zoning; and,
WHEREAS, the City recognizes opportunities to implement certain policies and
programs of the Atascadero General Plan housing element providing for and regulating second
units; and,
WHEREAS, expansion of the allowable areas for second units is intended to expand
housing opportunities for very-low, low and moderate-income and/or elderly households by
increasing the number of rental units available within existing neighborhoods; and,
WHEREAS, second units are intended to provide livable housing at lower cost while
providing greater security, companionship and family support for the occupants; and,
WHEREAS, Section 15282(1) of California Environmental Quality Act(CEQA)
provides for a Statutory Exemption for the adoption of regulations for second units; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on Tuesday, May 18, 2004, studied and considered said project and
recommended approval to the City Council, and,
WHEREAS, the Atascadero City Council, at a duly noticed Public Hearing held on
Tuesday, June 22, 2004, studied and considered said project, and,
City of Atascadero
Ordinance No. 454
Page 2 of 11
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION. The City Council finds as
follows:
1. The proposed project has been determined to qualify for a Statutory Exemption for
the adoption of regulations for second units consistent with Section 15282(i) of
California Environmental Quality Act(CEQA).
SECTION 2. FINDINGS FOR APPROVAL. The City Council finds as follows:
1. The proposed amendment is in conformance with the adopted General Plan Goals,
Policies, and Programs and the overall intent of the General Plan to provide
additional forms of affordable housing.
SECTION 3. APPROVAL. The City Council approves the amendment to the
Atascadero Municipal Code as follows(shown in strike-through and underline format):
Article 3. RS (Residential Suburban) Zone
9-3.142 Allowable uses.
The following uses shall be allowed in the Residential Suburban Zone. The
establishment of allowable uses shall be as provided by Sections 9-2.107 and 9-2.108:
(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) Mobile home dwelling (see Section 9-6.142);
(f) Temporary dwelling (see Section 9-6.176);
(g) Temporary or seasonal retail sales (see Section 9-6.174);
(h) Horticultural specialties, where no permanent retail facilities are provided (see
Section 9-6.116);
(i) Collection station (see Section 9-6.130);
0) Skilled nursing facility, where the number of residents under care is six or fewer (see
Section 9-6.134);
City of Atascadero
Ordinance No.454
Page 3 of 11
(k) Residential care, where the number of residents under care is six or fewer (see
Section 9-6.135);
(1) Agricultural accessory uses (see Section 9-6.109);
(m) Utility transmission facilities;
(n) 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;
(o) Temporary events (see Section 9-6.177);
(p) Accessory storage (see Section 9-6.103);
(q) Roadside stands (see Section 9-6.117). (Ord. 68 § 9-3.142, 1983)
r Seconda Residential Units see Chapter 5
Article 4. RSF (Residential Single Family) Zone
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 provided by Sections 9-2.107 and 9-2.108:
(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 or fewer (see
Section 9-6.134);
0) Residential care, where the number of residents under care is six or fewer (see
Section 9-6.135);
(k) Agricultural accessory uses (see Section 9-6.109);
(1) Utility transmission facilities;
(m) Roadside stands (see Section 9-6.117);
(n) Temporary events (see Section 9-6.177). (Ord. 68 § 9-3.152, 1983)
(o) Secondary Residential Units (see Chapter 5)
City of Atascadero
Ordinance No. 454
Page 4 of 11
Article 5. LSF (Limited Single Family Residential) Zone
9-3.162 Allowable uses.
The following uses shall be allowed in the Limited Single Family Residential Zone. The
establishment of allowable uses shall be as provided by Sections 9-2.107 and 9-2.108:
(a) Home occupations (see Section 9-6.105);
(b) Residential accessory uses (see Section 9-6.106);
(c) Single-family dwelling;
(d) Mobilehome dwelling (see Section 9-6.142);
(e) Temporary dwelling (see Section 9-6.176);
(f) Accessory storage (see Section 9-6.103);
(g) Collection station (see Section 9-6.130);
(h) Skilled nursing facility, where the number of residents under care is six or fewer (see
Section 9-6.134);
(i) Residential care, where the number of residents under care is six or fewer (see
Section 9-6.135);
0) Utility transmission facilities;
(k) Temporary events (see Section 9-6.177). (Ord. 68 § 9-3.162, 1983)
(I) Secondary Residential Units (see Chapter 5)
Title 9. Chapter 5
Residential Second Units
Sections
9-5.010 Purpose.
9-5.020 Definitions.
9-5.030 Applicability.
9-5.040 Permit required.
9-5.050 General requirements.
9-5.060 Development standards.
9-5.070 Development fees.
9-5.010 Purpose.
(a) This chapter is intended to implement Government Code Section 65852.2,
which mandates that the City permit second units in residential zoning districts
and which provides that the City may impose certain regulations on the
development of second units.
City of Atascadero
Ordinance No.454
Page 5 of 11
(b) The City recognizes opportunities to implement certain policies and programs
of the Atascadero General Plan housing element providing for, and regulating,
second units.
(c) Implementation of this chapter is meant to expand housing opportunities for
very-low, low and moderate-income and/or elderly households by increasing the
number of rental units available within existing neighborhoods. Second units are
intended to provide livable housing at lower cost while providing greater security,
companionship and family support for the occupants.
(d) As mandated in Section 65852.2 of the Government Code, second units that
comply with this chapter are considered not to exceed the density limits
prescribed within this title for residential zoning districts.
9-5.020 Definitions.
(a) Primary Unit. A primary unit is a single-family dwelling unit on a single-family
residential zoned legal lot of record. All other uses and structures on said lot shall be
accessory to the primary unit.
(b) Second 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 household.
(c) Guesthouse. Guesthouses are defined as residential occupancy construction (R)
with no kitchen or cooking facilities and a full bathroom regardless of number or
configuration of rooms and are the same as second units for the purposes of defining
use and calculating fees.
(d) Granny Unit. Granny units are defined as residential occupancy construction (R)
with a kitchen and a full bathroom and are the same as second units for the purposes of
defining use and calculating fees.
(e) Detached Accessory Structure. A detached accessory structure is a structure
located on a residential lot occupied by a primary unit, exclusive of second units.
(f) Studios. Studios are defined as any type of residential occupancy construction (R)
with no kitchens, no cooking facilities and/or no bathing facilities (one water closet is
permitted). Studios shall be limited to 450 square feet. Studios greater than 450
square feet shall be considered second units.
(q)Workshops and Garages. Workshops and garages are defined as utility occupancy
constructions (U) with no kitchens, no cooking facilities and/or no residential occupancy
requirements (i.e. Title 24). A utility bathroom with shower may be installed with a deed
restriction that limits the buildings use to non-residential purposes.
(h) Residential Additions. Residential additions (additions) are defined as an increase
of habitable floor area to a primary residential unit. Additions shall have a continuous,
logical internal connection without doors of conditioned space that provides for access
to all portions of the primary unit and addition. The addition shall not have a secondary
kitchen.
City of Atascadero
Ordinance No.454
Page 6 of 11
(i) Recreational Vehicle. Recreational vehicles are defined as any vehicle, coach,
camper, travel trailer, boat, or similar movable residential facility that does not have a
permanent foundation. Recreational vehicles are not permitted to be used as any type
of second unit or residential accessory use.
9-5.030 Applicability.
(a) Permitted Zoning Districts. Second units shall be allowed in the RS, RSF-Z,
LSF-Z, RSF-Y, LSF-Y, RSF-X and LSF-X zoning districts.
(b) Planned Developments. Second units shall be allowed in single-family Planned
Development overlay districts only when consistent with an approved Master Plan
of Development.
9-5.040 Permit required.
(a) Permit Required. A building permit application shall be required for the
construction or conversion of any second unit.
-5.050 General requirements.
(a)Water Service. Second units shall be served by a public water system.
(b) Sewer Service. Second units shall be served by the City sanitary sewer
system when located on lots with a net area less than 1.0 acre.
(c) Septic Systems. Second units may be served by secondary engineered septic
systems on lots with a net area of 1.0 acre or greater, subject to the approval of
the City Engineer and provision of required expansion areas.
(d) Utility Meters. Separate utility meters may be installed for second units.
(e) Garage Conversions. Garages may be converted to second units provided
that:
1. Replacement of covered off-street parking is provided for the primary dwelling;
and,
2. Off-street parking for the second unit is provided in accordance with this
chapter; and
3. Converted garages meet all building code requirements for a dwelling unit.
(f) Guest House. A second unit may not be developed on a lot containing a guest
house (separate living quarters without kitchen facilities). However, a guest house
may be converted to a second unit, provided that it complies with the regulations
set forth in this chapter and with the regulations for the underlying zoning district.
(g) Recreational Vehicles. Recreational vehicles shall not be used as second
units.
(h) Non-Conforming Use. Only one second unit shall be permitted on a lot. If a lot
contains two single-family dwelling units that were legally established as a non-
conforming use, a third dwelling unit, to be considered a second unit, shall not be
permitted.
City of Atascadero
Ordinance No. 454
Page 7 of 11
(i) Illegal Second Unit. The establishment or continuance of a second unit contrary
to the provisions of this chapter is declared to be unlawful and shall constitute a
misdemeanor and a public nuisance.
9-5.060 Development standards.
Second units shall be subject to all development standards of the RS, RSF-Z,
LSF-Z, RSF-Y, LSF-Y, RSF-X, or LSF-X zoning districts and/or Planned
Development Overlay Districts in which the property is located, except as modified
below:
(a) Floor Area. The total floor area of a second unit shall not exceed eight hundred
(800) square feet on lots with a net area of 0.5 acres or less. The total floor area
of a second unit shall not exceed one thousand (1,000) square feet on lots with a
net area greater than 0.5 acres. All development on a lot, including second units,
must conform to the development standards of the underlying zoning district,
including, but not limited to, setbacks, building separations, maximum lot
coverage, grading limitations, and native tree preservation.
(b) Height. Second units shall conform to the height limits of the underlying zoning
district.
(c) Setbacks. A second unit shall maintain the setbacks required in the underlying
zoning district for a primary dwelling. Detached second units shall not be
considered as detached accessory buildings for the purpose of determining
setbacks.
(d) Building Separations. A minimum separation of ten feet shall be maintained
between the primary dwelling and a detached second unit.
(e) Off-Street Parking. Off-street parking for the second unit shall be provided as
follows and in addition to any required parking for the primary unit:
(1) One covered, off-street parking space, shall be provided for each one-
bedroom second dwelling unit; two off-street parking spaces, covered or
uncovered, shall be provided for each second unit with two or more bedrooms;
(2) The off-street parking spaces for second units must be on a paved surface;
measure ten feet in width if covered, nine feet in width if uncovered, and twenty
feet in depth; tandem spaces may be approved for second units;
(3) Parking spaces for second units may not occupy driveways and back-up areas
that serve garages for the primary dwelling,nor may they occupy circular drives or
hammerhead turn-arounds that serve the primary unit (which are intended to
provide means by which vehicles can enter a street head-first);
(4) Parking spaces for second units may occupy areas for required rear and
interior side yards;
(5) Primary dwellings with three-car garages may allow one bay and the driveway
space in front of the bay to be used for a second unit off-street parking;
(6) If the lot takes access from a collector or arterial street, as designated in the
circulation element of the general plan, parking for second units shall be designed
so that vehicles exit forward into the street.
City of Atascadero
Ordinance No. 454
Page 8 of 11
,(f) The total maximum amount of paving for parking for both the primary and
second unit in a front setback is fifty percent (50%) of the front yard setback area.
(g) Architectural Design. The design of the second unit shall be compatible with
the design and scale of the primary dwelling (using substantially the same
landscaping, color, materials and design on the exterior).
(h) Private Open Space Requirement. A second unit shall have a minimum private
open space area of 250 square feet. This required open space shall not be
located within a required front yard setback. No portion of an open space area
shall have a dimension of less than 10-feet in width.
(i) Attached Second Units. If the second unit is attached to the primary dwelling,
each shall be served by separate outside entrances. The interior wall(s) of an
attached unit which separate it from the main unit shall be fire-rated according to
the most recent uniform building code
9-5.070 Development fees.
Second units, whether attached or detached, shall be considered as single-family
units for purposes of determining Capital Facility Impact fees.
9-6.106 Residential accessory uses.
The standards of this section apply to the specific types of residential accessory
structures listed. Agricultural accessory structures for the keeping of animals are subject
to Section 9-6.112.
(a) AGGessoFy Greenhouse. An aGGessery greeRhouse may GGGUPY up to five hundred
(500) square feet per dwelling LIM oF teR peF-.eRt 0
) of the site, whiGheveF is smaller,
LaFgeF gF'eenheuses rare subject to SeGtien 9 6 116 where allowed
"`.'"� ���. cr-vcvcna crc-arrvTrca-
City of Atascadero
Ordinance No.454
Page 9 of 11
e)deRt-pole.
(10) The unit shall be Gempatible with the surrounding neighboFho
(Ga) Swimming Pools. Swimming pools, including hot tubs, spas, and related
equipment, maybe located within any required side or rear setback, provided that they
are no closer than eighteen (18) inches to a property line (additional setbacks maybe
required by UBC), and provided that they are feeeedfenced as required by Section 9-
6.128.
(db) Detached Accessory Structures.
,
•,
zeneAny detached accessory structure intended for residential accessory uses and
accessory storage:
(1) Limits on Use. An accessory structure may be constructed or used as-a-werler
studio in any resideRtial zeRe solely for noncommercial hobbies or amusements; for
maintenance of the principal structure or yards; for artistic endeavors such as painting,
photography or sculpture; maintenance or mechanical work on vehicles owned or
operated by the occupants; for an approved home occupation; or for other similar
purposes.
(2) Floor Area. A workshep-The gross floor area of a detached accessory structure is
not to eGraupy an area greateF thanexceed fifty percent (50%) of the gross floor area of
the principal structure. (Ord. 412 § 3, 2003: Ord. 68 § 9-6.106, 1983)
(3) Number of Structures. The number of accessory structures requiring a building
permit shall be limited to two (2) structures.
(c) Exceptions to Accessory Structure Standards.
(1) Detached accessory structures that exceed size requirements are subject to the
approval of a Minor Conditional Use permit.
(2) Any detached accessory structure in excess of the two (2) structures permitted is
subject to the approval of a Minor Conditional Use Permit.
9-4.113 Height limitations.
The maximum height for new structures is as follows:
(a) Limitation by Zone.
Zone Maximum Hei9 ht
.mm mm. ,:�.__
�A, RS, RSF, LSF �30 feet
City of Atascadero
Ordinance No. 454
Page 10 of 11
, CP, CR, CS, (35 feet
CT
CPK, IP, I 45 feet
LS, L, P 35 feet
RMF 5 eet(not to
exceed two stories).-
(b) Exceptions to Height Limitations.
(1) Planning Commission Waiver. The height limitations of this section may be modified
through conditional use permit approval, provided the Planning Commission first finds
the project will not result in substantial detrimental effects on the enjoyment and use of
adjoining properties and that the modified height will not exceed the lifesaving
equipment capabilities of the Fire Department.
(2) Height Adjustment. The height limitations specified by subsection (a) of this section
may be adjusted (Section 9-1.112) for a single-family residential building to allow
additional height, to a maximum of forty (40) feet, provided that the required side, rear
and interior setbacks are increased one foot in width for each foot of height over thirty
(30)feet.
(3) Downhill Lot. Where the average front-to-back slope of a lot is greater than one foot
of fall in seven (7)feet of distance from the centerline of the street to the rear face of the
proposed building, up to ten (10) feet may be added to the rear building face, which is to
be excluded from the height measurement (Section 9-4.112).
(4) Uninhabited Structures. The height limits specified in subsection (a) of this section
do not apply to the following structures (measurement of height is to be from the
ground, as set forth in Section 9-4.112):
(i) Radio and television receiving antennas of the type customarily used for home radio
and television receivers, when fifty (50) feet or less in height.
(ii) Transmitting antennas used by licensed amateur (ham) radio operators when fifty
(50) feet or less in height.
(iii) Flagpoles fifty (50)feet or less in height.
(iv)Bafn", Grain elevators, silos, water tanks, windmills, wind generators and all other
similar structures not containing residential uses and located in the A, RS, CR, CS,
CPK, IP and I Zones.
(v) Chimneys no more than one hundred (100) feet in height located in the CPK, IP and
I Zones and all other chimneys and roof vents extending no more than two (2)feet
above the height limit specified in subsection (a) of this section.
(vi) Industrial towers, nonportable equipment and other uninhabited structures no more
than sixty (60) feet in height located in the CPK, IP and I Zones.
(vii) All portable construction equipment.
(viii) Public utility poles and structures for providing electrical and communications
services.
(ix) Solar collectors not more than five (5) feet above the height limit specified in
subsection (a) of this section.
(x) Satellite receiving and similar communication dishes and devices in commercial and
industrial zones, when no more than ten (10) feet above the maximum height in the
zone. (Ord. 68 § 9-4.113, 1983)
City of Atascadero
Ordinance No. 454
Page 11 of 11
SECTION 4: A summary of this Ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice: at least five days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before
the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper
published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall
be on file in the City Clerk's Office on and after the date following introduction and passage and
shall be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on June 22, 2004, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on July 27,
2004,by the following roll call vote:
AYES: Council Members Clay, O'Malley and Scalise
NOES: Council Member Pacas and Mayor Luna
ABSENT: None
ADOPTED: July 27,2004
2r.
F ATASCAD O
By: �-�
Georg Luna,Mayor
ATTEST:
` L�
f-'—
Marcia McClure`Torgerson, C.M.C., ' y Clerk
APPROVED AS TO FORM:
Thomas R. Gibson,Interim Ci