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CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, June 18, 2013 – 7:00 P.M.
City Hall Council Chambers
6907 El Camino Real
Atascadero, California
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson Bentz
Vice Chairperson Schmidt
Commissioner Anderson
Commissioner Colamarino
Commissioner Cooper
Commissioner Dariz
Commissioner Wolff
APPROVAL OF AGENDA
PUBLIC COMMENT
(This portion of the meeting is reserved for persons wishing to address the Commission on any matter not
on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes.
Please state your name for the record before making your presentation. The Commission may take action
to direct the staff to place a matter of business on a future agenda.)
PLANNING COMMISSION BUSINESS
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 Commission or public wishes to comment or ask questions.)
1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING
COMMISSION MEETING ON JUNE 4, 2013.
City of Atascadero Planning Commission Agenda Regular Meeting, June 18, 2013
Page 2 of 5
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COMMUNITY DEVELOPMENT STAFF REPORTS
None
PUBLIC HEARINGS
DISCLOSURE OF EX PARTE COMMUNICATIONS:
Prior to a project hearing Planning Commission Members must disclose any communications they have had on any
quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps,
Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning
Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity
to comment on the ex parte communication.
(For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public
hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited t o provide
testimony to the Commission following the applicant. Speakers should state their name for the record and can address the
Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission
will discuss the item and take appropriate action(s).)
2. LA PLAZA DOWNTOWN RETAIL CENTER
PLN 2013-1466 / CONDITIONAL USE PERMIT 2013-0268 / ROAD
ABANDONMENT 2013-0020 , 6320-6500 EL CAMINO REAL (BEN HOFF LLC)
Property
Owner/Applicant:
Ben Hoff LLC. / Tim Alvord, 2122 Lothar Lane, Templeton, CA 93465
Project Title: PLN 2013-1466 / CUP 2013-0268
La Plaza Center Conditional Use Permit and Road Abandonment
Project Location: 6320-6500 El Camino Real, Atascadero, CA 93422
APN 030-193-003; 030-191-016, 017, 030-191-030; 031 (San Luis Obispo County)
Project
Description:
The application consists of a request for a Conditional Use Permit for three retail
commercial buildings on a 1.5 acre site at 6500 El Camino Real. The project includes
three, two-story retail buildings, a surface parking lot, continuation of an existing cell
tower facility, a height exception of the building, a tree removal permit, a road
abandonment and a sign ordinance exception for a freeway pole sign.
General Plan Designation: Downtown
Zoning: Downtown Commercial
Proposed
Environmental
Determination:
Class 32 – Infill Development Project categorical exemption. The project is the replacing
of existing and destroyed commercial retail building with new commercial retail buildings
in an urbanized, downtown location. There will be no significant new impacts to traffic,
air quality, water quality, or noise as a result of the project and therefore, qualifies for a
Class 32 exemption.
Staff
Recommendation:
Staff recommends approval of the Conditional Use Permit and Road Abandonm ent
subject to conditions of approval.
City of Atascadero Planning Commission Agenda Regular Meeting, June 18, 2013
Page 3 of 5
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3. HOUSING ELEMENT IMPLEMENTATION: CODE & POLICY UPDATES
PLN 2011-1417 / ZCH 2011-0163 (Citywide)
Property
Owner/Applicant:
City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422
Project Title: PLN 2011-1417 / ZCH 2011-0163
Project Location: Citywide, Atascadero, CA 93422
(San Luis Obispo County)
Project
Description:
Proposed Zoning Ordinance Text Amendments to portions of Title 9 Planning and
Zoning. The proposed text amendments consist of both revisions to existing ordinances
and introduction of new ordinances to implement the City’s adopted Housing Element
and implement common sense reform to the City residential portion of the Zoning
Ordinance. The following is a summary of the proposed text amendments:
Amend the City’s Density Bonus Law, for consistency with State Requirements.
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; and the ability to establish a horizontal mixed-
use subject to a Planned Development and General Plan Amendment.
Amend the Residential Multi-Family-10 (RMF-10) zone to establish a minimum
density requirement, similar to the RMF-20 zone and amended text in the RMF
density for clarification.
Establish an ordinance to provide reasonable accommodations to afford
disabled persons equal accessing to residential units.
Establish an ordinance that allow for the development of Single Room
Occupancy (SRO) units.
Establish an ordinance to comply with SB-2, permitting an emergency shelter in
a site specific location (APN 030-341-013) as well as define transitional and
supportive housing in residential zones.
Modify land use descriptions, permitted uses, conditionally permitted uses, and
zoning ordinance definitions for code consistency and simplification of the City’s
Residential Zoning Ordinance.
Proposed
Environmental
Determination:
Exempt from CEQA (Section 15061.(3) Review for Exemption; not a project)
Staff
Recommendation:
Staff recommends that the Planning Commission adopt Resolution PC 2013 -0015,
recommending that the City Council introduce an ordinance for first reading, by title only,
to approve PLN 2011-1417 (Zone Text Change ZCH 2011-0163) based on findings.
City of Atascadero Planning Commission Agenda Regular Meeting, June 18, 2013
Page 4 of 5
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COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
There will be no meeting on July 2, 2013.
The next regular meeting of the Planning Commission is scheduled for July 16, 2013, at
City Hall, Council Chambers, 6907 El Camino Real, Atascadero.
Please note: Should anyone challenge in court any proposed development entitlement listed
on this Agenda, 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 Planning
Commission at, or prior to this public hearing.
City of Atascadero Planning Commission Agenda Regular Meeting, June 18, 2013
Page 5 of 5
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City of Atascadero
WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING
The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m. at City
Hall, Council Chambers, 6907 El Camino Real, Atascadero. Matters are considered by the C ommission in the order
of the printed Agenda.
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 Community Development Department and are available for public inspection during City Hall
business hours at the Front Counter of City Hall, 6907 El Camino Real, Atascadero, and on our website,
www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro
Road. All documents submitted by the public during Commission meetings that are either rea d into the record or
referred to in their statement will be noted in the minutes and available for review in the Community Development
Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting
recordings are available for a fee. Contact the City Clerk for more information (470-3400).
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 ac cessibility to the meeting or
service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business
with the Commission 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 Chairperson and Commission.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any
other individual, absent or present.
This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will
be allowed for Public Comment Portion (unless changed by the Commission).
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 Chairperson will identify the subject, staff will
give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public
comment period is open and will request anyone interested to address the Co mmission 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 Chairperson.
2. Give your name (not required).
3. Make your statement.
4. All comments should be made to the Chairperson and Commission.
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.
If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development
Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a
USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also be provided. You are
required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with
the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy.
The Chairperson will announce when the public comment period is closed, and thereafter, no further public
comments will be heard by the Commission.
PC Action Minutes of 2/19/13
Page 1 of 5
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT ACTION MINUTES
Regular Meeting – Tuesday, June 4, 2013 – 7:00 P.M.
City Hall Council Chambers
6907 El Camino Real, Atascadero, California
CALL TO ORDER - 7:00 p.m.
Chairperson Bentz called the meeting to order at 7:00 p.m. and Vice Chairperson
Schmidt led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Anderson, Cooper, Colamarino, Dariz, Wolff, Vice
Chairperson Schmidt, and Chairperson Bentz
Absent: None
Others Present: Recording Secretary Annette Manier
Staff Present: Community Development Director, Warren Frace
APPROVAL OF AGENDA
MOTION: By Commissioner Dariz and seconded by Commissioner
Wolff to approve the agenda.
Motion passed 7:0 by a roll-call vote.
PUBLIC COMMENT
The following people spoke during public comment: Debra and Mitch Paskin, who
turned in a document in regards to a road issue with Castlerock Development (Exhibit A).
Chairperson Bentz closed the Public Comment period.
ITEM NUMBER: 1
DATE: 6-18-13
PC Action Minutes of 2/19/13
Page 2 of 5
PLANNING COMMISSION BUSINESS
Commissioner Schmidt stated that Castlerock Development is a client of his, and that
when the item comes before the Planning Commission, he will recuse himself.
CONSENT CALENDAR
1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING
COMMISSION MEETING ON MAY 21, 2013.
MOTION: By Commissioner Colamarino and seconded by
Commissioner Wolff to approve the consent
calendar.
Motion passed 7:0 by a roll-call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
2. PLN 2008-1309, TREE REMOVAL PERMIT FOR 5171 VEGA AVE.
Owner/Applicant: Thomas & Gina Carter, 6201 Monterey Court, Atascadero, CA 93422
Certified Arborist: Chip Tamagni, A&T Arborist, PO Box 1311, Templeton, CA 93465
Project Title: PLN 2008-1309 / TRP 2008-0123 Tree Removal Permit for Single-Family
Residence
Project Location: 5171 Vega Avenue, Atascadero, CA 93422
(San Luis Obispo County) APN 030-161-002
Project
Description:
May 2013 Revised Tree Removal permit for the following:
A request to remove two (2) 8-inch DBH Blue Oaks, one (1) 24-inch DBH Live
Oak, and one (1) 13-inch DBH Valley Oak located where a newly proposed
single-family residence is to be located. The trees are required to be removed
in order to accommodate construction of the residence. The trees are in poor to
moderate condition, as evaluated by A&T Arborists.
General Plan Designation: SFR-Z
Zoning District: RSF-Z
Proposed Environmental
Determination:
The revised tree removal is consistent with the approved Mitigated Negative
Declaration 2008-0020. The tree removal is consistent with the Mitigated
Negative Declaration because of the following: the proposed new residential
building is smaller than the original prop osed residence; the proposed structure
moved to a new location on the property; the quantity proposed to be graded
PC Action Minutes of 2/19/13
Page 3 of 5
does not exceed the amount analyzed; and, only four native trees are proposed
to be removed as compared to 30 native trees in the original do cument. The
Mitigated Negative Declaration is available for public review at 6907 El Camino
Real, Community Development Department from 8:30 a.m. to 5:00 p.m. Monday
through Thursday.
Staff Recommendation: Staff recommends the Planning Commission approve PLN 2008-1309 / TRP
2008-0123 to allow the removal of two (2) 8-inch DBH Blue Oak, one (1) 24-inch
DBH Live Oak, and one (1) 13-inch DBH Valley Oak.
Director Frace gave the staff report and there were no questions from the Commission.
PUBLIC COMMENT
None
MOTION: By Vice Chairperson Schmidt and seconded by
Commissioner Colamarino to approve PC
Resolution 2013-0007 approving PLN 2008-
1309/TRP 2013-0123 to allow the removal of two
(2) blue oaks and one live oak measuring 24
inches dbh and one valley oak measuring 13
inches dbh located at 5171 Vega Avenue subject
to Conditions of Approval and Mitigation
Monitoring.
Motion passed 7:0 by a roll-call vote.
3. PLN 2013-1464 / TREE REMOVAL PERMIT FOR 1610 EL CAMINO REAL
Property Owner: TJM Real Estate LLC, 1410 Rossi Road, Templeton, CA 93465
Applicant: Kurt Ourston, 974 Griffin St., Grover Beach, CA 93433
Certified Arborist: Steven Alvarez, A&T Arborist, 1565 El Camino Real, Atascadero, CA
93422
Project Title: PLN 2013-1464 / Tree Removal Permit 2013-0163
Project Location: 1610 El Camino Real, Atascadero, CA 93422
(San Luis Obispo County) APN 049-131-045
Project Description:
The proposed project includes a request to remove one (1) 40-inch DBH
Valley Oak.
PC Action Minutes of 2/19/13
Page 4 of 5
General Plan Designation: Commercial Park (CPK)
Zoning District: Commercial Park (CPK)
Staff Recommendation: Staff recommends the Planning Commission adopt Resolution PC 2013 -
0016 to allow the removal of one (1) 40-inch DBH Valley Oak based on the
required findings and subject to conditions of approval and mitigation.
Director Frace gave the staff report and answered questions from the Commission.
The following person spoke during public comment: Kurt Ourston, applicant. Mr.
Ourtston made a presentation on the future Scare Park temporary event at 1610 El
Camino Real, and answered questions from the Commission.
Chairperson Bentz closed the Public Comment period.
MOTION: By Vice Chairperson Schmidt and seconded by Commissioner
Dariz to approve PC Resolution 2013-0016 approving PLN
2013-1464/TRP 2013-0163 to allow the removal of one (1) valley
oak measuring 40 inches dbh located at 1610 El Camino Real
subject to Conditions of Approval and Mitigation Monitoring,
with a change to Condition 3 to read that the applicant shall
plant a minimum of eight (8) 15-gallong Live Oak trees on-site
and no more than fourteen (14) 15-gallon trees could be
planted as full mitigation payment for the removals.
Motion passed 7:0 by a roll-call vote.
PUBLIC HEARINGS
None
COMMISSIONER COMMENTS AND REPORTS
None
DIRECTORS REPORT
Director Frace gave an update on the Springhill Suites, the Oakhaven project
under construction, and the downtown wayfinding signs. Director Frace stated
that Wysong Construction will be donating their time to install the wayfinding
signs in the downtown area.
The next Planning Commission meeting will be held on June 18, 2013, and the
Commission will hear a Conditional Use Permit on the Hoff property (the previous
PC Action Minutes of 2/19/13
Page 5 of 5
burned down Thrift store) as well as code and policy updates to the Housing
Element.
ADJOURNMENT - 7:38 p.m.
The next regular meeting of the Planning Commission is scheduled for June 18, 2013,
at 7:00 p.m. at City Hall, Council Chambers, 6907 El Camino Real, Atascadero.
MINUTES PREPARD BY:
_____________________________
Annette Manier, Recording Secretary
The following exhibit is available in the Community Development Department:
Exhibit A –Traffic Safety (Paskin)
t:\~ planning commission\pc minutes\pc minutes 2013\pc draft actn minutes 6 4 13.am.docx
1
Atascadero Planning Commission
Staff Report - Community Development Department
Warren Frace, Community Development Director, 470-3402, wfrace@atascadero.org
Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org
PLN 2013-1466
La Plaza Center
Conditional Use Permit 2013-0268 / Road Abandonment 2013-0020
Request to Summarily Vacate a Portion of
Atascadero Mall Ave. and landscape easement along El Camino Real
6322- 6500 El Camino Real
(Wysong Construction / Hoff)
SUBJECT:
A proposed Downtown Commercial mixed-use project that includes 26,500± sf of
commercial retail and office space in three (3) separate buildings and pedestrian plazas,
additional 78 off-street parking spaces, and site landscaping. Project application also
includes a Road Abandonment Application for right-of-way of Atascadero Avenue
(Atascadero Mall) and proposed public improvements within property owned by the City
of Atascadero.
RECOMMENDATION:
DRC Recommends:
1. The Planning Commission adopt Resolution PC 2013 -0019 recommending
approval to the City Council Conditional Use Permit 2013-0258 to allow a 26,500
square foot commercial mixed-use office/retail development, with a height
exception for buildings to exceed 18 -feet in height and a sign ordinance
exception to allow a freeway pole sign.
2. The Planning Commission adopt Resolution PC 2013 -0020 recommending
approval to the City Council Road Abandonment 2013-0020 and abandoning a
portion of right-of-way of Atascadero Avenue to accommodate development and
pedestrian improvements and the abandonment of an unneeded landscape
easement along El Camino Real.
ITEM NUMBER: 2
DATE: 6-18-13
2
ITEM NUMBER:
2
DATE:
6-18-13
Situation and Facts
1. Applicant: Wysong Construction, 7025 Morro Road, Atascadero,
CA 93422
2. Property Owner: Ben Hoff, LLC, 2122 Lothar Lane, Templeton, CA
93465
3. Project Address: 6322 through 6500 El Camino Real, Atascadero, CA
93422; APN 030-193-003; 030-191-016,017,030,031
4. General Plan Designation: Downtown (D)
5. Zoning District: Downtown Commercial (DC)
6. Site Area: 1.5 acres
7. Existing Use: Partially Vacant
(Fire Damage with remaining existing buildings)
8. Environmental Status: Section 15332 Categorical Exemption: Urban Infill
3
ITEM NUMBER:
2
DATE:
6-18-13
DISCUSSION:
Surrounding Land Use and Setting:
North: Downtown Commercial (DC)
South: US Highway 101
East: Downtown Commercial (DC)
West: Downtown Commercial (DC)
Background
In March 2009, a fire destroyed two commercial buildings within the proposed
development. Since that time, a portion of the proposed development sat vacant. A
coffee shop, beauty parlor and cell tower still remain on the site. In 2010, a
redevelopment proposal was brought forth by the applicant and property owner. The
proposal, known as “La Plaza Theaters” consisted of a 39,680± square foot building that
would contain a 10 screen movie theater, retail stores and a sit-down restaurant. This
project went before the City Council and was continued for additional analysis. The
property owner and project applicant formally withdrew their application for
redevelopment of this property in January 2011.
PRIORITY HOT SPOT
Due to its central Downtown location this property has been identified by the City
Council as a priority “Hot Spot” for commercial development Although the City lost
many tools with the elimination of the Redevelopment Agency, the City Council
identified a number of incentives to assist with the developm ent of the site, including:
Waiver of application fees
Full development impact fee credits from destroyed structures
Deferral agreements for any addition development impact fees
Support of road and landscape easement abandonment request
Support for freeway signage
Cooperation on marketing and promotion efforts
Public Works assistance on frontage and drainage improvements
The project does not need a CUP for the use, since it is a retail use under 50,000
square feet. The purpose of the CUP is allow exceptions to the height of the buildings
and the allowance of a freeway pole sign in the Downtown zone. Another benefit of th e
CUP will be to vest a development right prior to new RWQCB regulations going into
effect in September 2013. The CUP’s Master Plan would entitle development
consistent with the adopted site plan and architectural elevations. The applicant also
views the Master Plan as an important tool for the marketing of the property to potential
tenants.
4
ITEM NUMBER:
2
DATE:
6-18-13
DESIGN REVIEW COMMITTEE
On June 12, 2013 the Design Review Committee reviewed the proposed project. The
Committee was very supportive of the proposed project and v oted 5-0 to recommend
the project with the following:
Allow the freeway sign to be taller and larger than the original proposal with a
“balloon” visibility test.
Have the City Engineer review the northern driveway for possible turning
restrictions.
Require solid metal doors on trash enclosure.
Screen on roof top equipment.
These recommendations have been incorporated into the conditions of approval.
Master Plan of Development Summary:
The project proposed demolition of all remaining buildings on the pro perty, excluding
the existing cellular communications tower. The project proposes a total of 26,500±
square feet (sf) of new commercial retail, restaurant and office uses located within three
(3) new buildings. All of the buildings are proposed with secon d stories to allow space
for professional offices and a restaurant terrace overlooking the Sunken Gardens. Due
to a special Downtown height restriction, a height exception will be required. Although,
Downtown retail is not required to provide parking, th e applicant proposes 78 on-site
parking spaces to support both the office and retail activities on -site. Also as a part of
this proposal, the applicant is proposing a 50 -foot tall, freeway pole sign to be located
along the frontage of Highway 101. The application also includes a Road Abandonment
request for a portion of Atascadero Avenue between El Camino Real and Highway 101
as well as a landscape easement along El Camino Real. The following sections provide
additional detail for the proposed project. The proposed project is consistent with the
City’s 2005 Downtown Revitalization Plan Vision.
5
ITEM NUMBER:
2
DATE:
6-18-13
2005 Downtown Revitalization Plan
Hoff Property
Street frontage retail
Parking along
freeway
Plaza across from
Sunken Gardens
6
ITEM NUMBER:
2
DATE:
6-18-13
Proposed Site Plan and Landscaping:
The proposed development includes the demolition of all existing buildings, including
the Atascadero Main Street building. The existing cellar communications tower will
remain. Three (3) new, two-story buildings are being proposed to accommodate new
commercial retail, restaurant and office uses as shown on the following site plan. All of
the buildings offer 360º architecture that will be attractive from all sides.
Project Illustrative Site Plan
7
ITEM NUMBER:
2
DATE:
6-18-13
Technical Site Plan
BUILDING “A”
Building “A” includes a 1st floor restaurant and a 2nd floor bar/lounge. The buildings are
pedestrian oriented with Building “A” oriented to the sidewalk and a proposed plaza.
Building “A” is proposed to be a 1 st floor 5,000 sf restaurant space with a 2nd Floor
upstairs bar and lounge space with a terrace overlooking the Sunken Gardens. Building
“A” is proposed to open up to a new plaza to anchor the development at the corner of
the proposed abandoned right-of-way of Atascadero Mall and El Camino Real.
BUILDING “B”
Building “B” is offset from the sidewalk and is propose to contain access points from
both the sidewalk, and a second pedestrian plaza is to be situated between Building “B”
and Building “C”. This plaza will act as the primary pedestrian access from the off -street
Staff is recommending that the
median area not be abandoned,
and the proposed site
improvement be allowed as
“frontage improvements.
8
ITEM NUMBER:
2
DATE:
6-18-13
parking and include two fountains as focal points and entryways from the parking lot
and El Camino Real between Building “B” and Building “C”.
Building “B” 1st floor is proposed to contain approximately 3,500 sf of retail space. The
2nd floor will contain 3,000 sf dedicated to office uses. Entry to the 2 nd floor would be at
the rear of the building from the parking lot and plaza.
BUILDING “C”
Building “C” would be located towards the end of the properties. Building “C” would be
located near the existing sidewalk, adding to the pedestrian scale of the proposed
development. Building “C” is the largest of the proposed buildings. An Additional 6.500
sf of ground level retail and restaurant space would be located within the building with
4,500 sf of downtown office space on the 2nd floor. Similar to Building “B”, access to the
2nd floor office spaces would be from the rear of the building.
SITE PLAN
The rear of the development would contain 78 off -street parking spaces. A primary
landscape vehicular entryway would be located between Building “A” and Building “B”
with additional access driveways off of El Camino Real. Adjacent to building “C” a
secondary parking lot access off of El Camino Real will be provided. The off -street
parking lot is proposed to be landscaped and incorporate bio -retention swales for
stormwater runoff. A reciprocal access easement will be provided across all of the
driveways to allow future access connections to neighboring parcels. The parking will
not be subject to the reciprocal easements, and can be used at the owner’s discretion.
The conceptual landscaping plan includes new plantings of large deciduous trees in
large planters within the proposed parking areas as well as the rear of the property.
Smaller deciduous trees are proposed to be planted in tree wells fronting El Camino
Real and other key areas in the rear parking lot. Small to medium shrubs that provide
vibrant color and other enhancements to the pedestrian feel of the project are located
along project entries and the plaza features.
A pedestrian plaza will be provided at the corner of Building “A”, across from the
Sunken Gardens. The plaza will feature decorative paving and street furniture that will
complement the restaurant use in Building “A” and enhance the view corridor to the
Sunken Gardens. Eventually the Plaza could be expanded if the properties to the south
are redeveloped.
Architectural Elevations:
The proposed facades of the buildings are similar to colors and materials used at
Colony Square. The proposed designed incorporates elements including mission tile
style roofing, exposed rafter tails, arched porticos, recessed windows, smooth troweled
stucco, and decorative iron elements. The project is designed to resemble multiple
buildings with individually defined storefronts. A variety of awning fabric colors and tile
bulkheads have been proposed to provide accents to individual storefronts and
9
ITEM NUMBER:
2
DATE:
6-18-13
entrances. Colors and materials are consistent with Downtown Design Review
standards.
Building “A” maximum height will be 37-feet with a typical maximum height of 32 -feet.
Building “A” includes a 2nd floor patio area for the proposed bar/lounge use. The patio
area will not be enclosed, but includes a proposed glass railing and will offer views to
the Sunken Gardens and Historic City Hall.
Conceptual Elevation Building “A” Facing El Camino Real
10
ITEM NUMBER:
2
DATE:
6-18-13
Staff Photo Simulation of Buildings “A” View from Sunken Gardens
11
ITEM NUMBER:
2
DATE:
6-18-13
Building “B” and Building “C” share similar architectural styles with a maximum height of
35-feet for both buildings. These building will share a second story connection with a
pedestrian bridge over the courtyard. This bridge will be supported by creatin g rounded
archways that act as an entry to the proposed plaza and creates an inviting pedestrian
connection from the proposed off-street parking area. Proposed storefronts along El
Camino Real include a variety of awning fabric patterns and colors, tile ba se for
recessed storefronts. Buildings “B” and “C” also include a covered arcade with
storefronts that face the proposed parking lot.
Conceptual Front Elevation of Buildings “B” and “C” (Facing El Camino Real)
Conceptual Rear Elevation of Buildings “B” and “C” (Facing Proposed Off-Street)
Parking
12
ITEM NUMBER:
2
DATE:
6-18-13
Staff Photo Simulation of Buildings “B” and “C”
13
ITEM NUMBER:
2
DATE:
6-18-13
Height Exception:
The proposed project is located in a special Downtown Zone that restricts the height of
buildings to 18 feet. This requirement was adopted as part of the Redevelopment Plan
in 2000. The purpose of the restriction was to provide a visual window between the
freeway and the historic City Hall. However, due to the presence of vegetation within the
freeway right-of-way, there is limited visibility of City Hall from the freeway. In addition,
the height restriction significantly reduces the development potential and architectural
desirability of buildings on the west side of El Camino Real.
The applicant is requesting a height exception consistent with section 9 -4.113 of the
Zoning Ordinance to allow 35± foot tall series of building. The proposed buildings will
be similar in size to Colony Square Phase I. Staff is supportive of the exception requ est
and recommends that the DRC review this proposed height exception.
Redevelopment Plan – City of Atascadero
18-foot Height Limit
14
ITEM NUMBER:
2
DATE:
6-18-13
Area of 18-Foot Height Limit
Staff Recommendation:
The Design Review Committee recommend to the Planning Commission approval of the
proposed height exception.
Parking:
Downtown parking continues to be a cyclic issue in Atascadero. When the Carlton Hotel
and restaurant opened in 2004, downtown parking became a signif icant issue. W ith the
economic down turn, downtown parking issue subsided. With the opening of the Colony
Square and the Galaxy Theater, parking has returned as an issue, particularly with the
theater’s busy times (Friday evenings, weekends and holidays) and when the theater
operates promotions such as “$5” Tuesdays.
The Downtown Zoning Ordinance does not require parking for commercial uses in the
downtown north of Atascadero Creek, consistent with Section 9-3.263. The proposed
project does provide a total of 78 spaces that include ADA accessible spots which are
included in the development proposal.
Shaded Area of 18-
foot Height Limit
Proposed project
Area (dashed)
15
ITEM NUMBER:
2
DATE:
6-18-13
Based on the Downtown Parking Model the proposed retail, restaurant , and office uses,
will have a parking peak demand on weekends, with occasional peak demand during
the weekday during the holiday shopping season and major holidays. T he average
weekday parking demand is 163 spaces. The rationale behind the weekday demand is
due to the number of proposed office uses within the development, which tends to
generate demand between the hours of 8am to 5pm. The weekend demand is 164
spaces. The bulk of the demand will come from the retail and restaurant components.
Based on the Downtown Parking Action Plan’s recommendations, projects of this size
should provide 25% of the required parking on -site. In addition, the California Building
Code requires four (4) disable accessible parking spaces to be provided for a project of
this size. The applicant is proposing a total of 78 on -site parking spaces. This exceeds
the recommendation from the Downtown Parking Action Plan (19 spaces
recommended) and the project proposes four (4) accessible parking spaces.
May 2006 City of Atascadero Parking Utilization and Management Study – Action Plan
Action Plan Item A-6
Update the Downtown Parking Ordinance to address the following:
Any parking deficits created by small in-fill developments could be covered through the usage of in-lieu
fees to fund the construction of future public parking. However, if the development is substantial and
will require a large number of parking spaces (50 or more spaces), at least a portion of the
required parking spaces should be provided on-site by the developer. This will help ensure
sufficient parking is provided overall, but also help ensure close, accessible parking is provided. The
remaining portion could be covered through the use of in-lieu fees and public parking. For larger
projects, a minimum of 25% of the required parking should be provided by the developer on-site.
16
ITEM NUMBER:
2
DATE:
6-18-13
Downtown Parking Model
17
ITEM NUMBER:
2
DATE:
6-18-13
Pole Sign Location
Signage:
The project applicant is requesting a freeway oriented pole sign for the proposed
retail/commercial center. Typically Staff would encourage the use of a monument tower
type sign such as the ones at West Front Village, the Home Deport Center, and Mission
Oaks. However, the applicant is proposing a pole sign due to the heavy vegetation that
is located between the proposed project and the highway, which would obscure the
base of the proposed sign.
Staff
recommends
“Downtown
Atascadero”
identification
be provided at
the top of the
sign in
exchange for
the sign
exception.
18
ITEM NUMBER:
2
DATE:
6-18-13
Staff prepared Pole Sign Photo Simulation – sign shown at 50 feet
This pole sign is proposed to have advertising up to 60-feet in height with a decorative
cap and Downtown identification above. The sign would contain advertisement space
for the proposed project that is approximately 120 sf on each side, for a total of 240 sf of
freeway oriented signage. At the DRC meeting the applicant requested the ability to
raise the sign and increase its size to improve visibility. The DRC supported this
request based on the use of a “balloon” visibility test to determine freeway sign lines.
The proposed sign includes space for the City’s Logo and “Downtown Atascadero” to
advertise the Downtown as a destination point.
19
ITEM NUMBER:
2
DATE:
6-18-13
Tree Removal:
A single, small 6-inch white oak tree in good condition is located in the landscape
planter along the El Camino Real frontage. Do to the location of the proposed buildings
and the plaza and the growth characteristics of a white oak tree, this tree is being
recommended for removal. Project is conditioned to pay a $200 mitigation fee
consistent with the Native Tree Ordinance for the removal of the tree. Due to the size of
the tree and the likelihood it was planted as a landscape feature, staff did not require an
arborist report to be prepared.
20
ITEM NUMBER:
2
DATE:
6-18-13
Road Abandonment:
The requested right-of-way abandonment will increase the size of the project area and
allow the construction of Building “A” and the plaza. The requested abandonment is for
two parcels of land:
1.) All of the existing right-of-way on the north side of Atascadero Avenue (also
referred to as “Atascadero Mall”) between El Camino Real and the Highway
101 right-of-way, which is approximately 0.24 acres, as shown below; and
2.) A 10-foot wide City landscape easement along the southwest side of El
Camino Real, which is approximately 0.11 acres, as shown below.
The portion of the Atascadero Avenue right-of-way has served as essentially a driveway
to the adjacent commercial properties since the construction of t he freeway in the mid-
1950’s. This land is legally owned by the Hoff Family, but the City retains a road
easement across the property. The strip of land along El Camino Real was negotiated
for as part of a previous road abandonment proceeding between the Hoff’s and the City
in the early 1990’s for landscape, sidewalk and road purposes.
10 foot road and
landscape
easement on El
Camino Real.
Right-of-Way
abandonment over
Atascadero
Avenue. (also
called Atascadero
Mall)
21
ITEM NUMBER:
2
DATE:
6-18-13
Abandonment Process:
Right-of-way abandonments are governed by the following code sections from the
California Streets and Highways Code and the Atascadero Municipal Code. In order for
the proposed abandonment to be approved, the project must comply with all of the
provisions and requirements set forth in each code section.
CALIFORNIA STREETS AND HIGHWAY CODE REQUIREMENTS
Requirements for summarily vacating a road are found in the Streets and Highways
Code, Section 8331 and 8334, which provides:
8331. The legislative body of a local agency may summarily vacate a street or
highway if both of the following conditions exist:
(a) For a period of five consecutive years, the street or highway has been
impassable for vehicular travel.
(b) No public money was expended for maintenance on the street or
highway during such period.
8334. The legislative body of a local agency may summarily vacate any of the
following:
(a) An excess right-of-way of a street or highway not required for street
or highway purposes.
(b) A portion of a street or highway that lies within property under one
ownership and that does not continue through such ownership or end
touching property of another.
EL CAMINO REAL EASEMENT
The El Camino Real right-of-way under consideration is a 10-foot wide strip of land
created by an offer of dedication per Official Record 88 -O.R.-114, and is in addition to
the standard El Camino Real right-of-way width. The subject portion of right-of-way has
never been constructed or used. The current alignment of El Camino Real and location
of future sidewalks and streetscape features are, and will be, inside the standard 100 -
foot wide El Camino Real right-of-way alignment. In addition no structures have been
built in the right-of-way and the open area has been impassable for five or more years.
ATASCADERO MALL RIGHT-OF-WAY
The Atascadero Ave right-of-way under consideration was created by the original
Atascadero Colony Subdivision map in 1914. In 1982 there was a San Luis Obispo
Superior Court order (2397 OR 908) that required the north half of Atascadero Mall
Avenue between El Camino Real and the freeway be quitclaimed by Gordon Davis (as
successor trustee of the Atascadero Development Syndicate) in favor of the Hoff
Family. The Hoff Family has been paying property taxes on the subject land since the
subject court ruling. Regardless of the court action the public right to use the land as a
22
ITEM NUMBER:
2
DATE:
6-18-13
public street was never waived by San Luis Obispo County, or later the City of
Atascadero.
The subject portion of right-of-way along the north side of Atascadero Mall Avenue has
curb, gutter and sidewalk, and a paved street. The street right-of-way is bisected by a
City owned parcel where the current Main Street Office is located and proposed to be
demolished as a part of this application. The businesses on the south side of
Atascadero Mall Avenue will continue to use the southerly portion of the street to park
and access their property.
It is the staff’s recommendation that the entire right-of-way (0.24 acres) be abandoned
to accommodate the currently proposed project. The proposed abandonment is
acceptable since the City would maintain access via public easements for vehicles and
pedestrians.
CITY REQUIREMENTS
California Government Code Section 65402 requires that all abandonments be
consistent with the legislative bodies General Plan, as follows:
“If a general plan or part thereof has been adopted…no real property shall be…vacated
or abandoned…until the location, purpose and extent of such…street vacation or
abandonment…has been submitted to and reported upon by the planning agency as to
the conformity with said general plan or part thereof.”
El Camino Real is identified in the General Plan Circulation and Bikeway/Trail diagrams
as an arterial road; and, Atascadero Avenue is identified in the General Plan Circulation
and Bikeway/Trail diagrams as a local road. Commercial areas typically front to collector
roads and they are two-way streets with maximum acceptable traffic volumes. The
acceptable traffic volumes are dictated by residential concerns regarding intrusions
rather than traffic capacity considerations. Currently there are three businesses (other
than the existing buildings that are proposed to be demolished as a part of this
application) with driveways on Atascadero Avenue. The existing road way is comprised
of two travel lanes with sidewalk on the eastern side. The 101 freeway borders
Atascadero Avenue to the west.
The Public Works Department has evaluated Atascadero Mall Avenue and has
determined that the current southerly half of the right-of-way and existing improvements
are sufficient to support the surrounding area at build -out. Therefore, abandonment of
the northern portion of the right-of-way would be consistent with the General Plan street
classification and would maintain sufficient traffic capacity for future build -out.
The project has been conditioned to provide a public access and utility easement across
the Atascadero Avenue road area prior to abandonment. This easement has been
prepared and will be recorded prior to Council action (refer to Attachment 7). A
23
ITEM NUMBER:
2
DATE:
6-18-13
condition has also been added to require any buildings or structures to be located
outside the easement.
ZONING DESIGNATION
Staff has determined that when a right-of-way or portion thereof is abandoned, the
zoning shall become the same as the adjacent zoning de signation. The requested
abandonment will be for the benefit of the adjacent parcel and will become part of the
Downtown Commercial zoned parcel. No new parcels will be created as a result of this
abandonment.
Environmental Determination:
Staff has reviewed the project for consistency with the California Environmental Quality
Act (CEQA). Staff is recommending that as a part of project adoption, a Class 32
exemption be applied. The Class 32 exemption, urban infill, is consistent with section
15332 of the California Code of Regulations, and is reserved for projects that are
characterized as “infill” development meeting the following criteria:
a. The project is consistent with the applicable general plan designation and
all applicable general plan policies as well as with applicable zoning
designation and regulations.
Staff Comment:
The proposed project is consistent with its General Plan designation
(Downtown) and all applicable general plan policies, zoning designation
(downtown commercial) and regulations. The applicant is proposing and Staff
is recommending a height waiver exemption from the allowed 18 -feet height
exemption for the accommodation of 2 nd story office uses and a 2nd story
bar/lounge use.
b. The proposed development occurs within city limits on a project site of no
more than five acres substantially surrounded by urban uses.
Staff Comment:
The proposed project is within the City limits of the City of Atascadero. The
proposed project is approximately 1.5 acres and is substantially surrounded
by urban uses. Uses directly adjacent to the site on the north and south
include retail and office uses; uses to the east of the site, across from the
existing El Camino Real right-of-way, includes downtown commercial retail
uses; US Highway 101 abuts the proposed development to the west.
c. The project site has no value as habitat for endangered, rare or
threatened species.
24
ITEM NUMBER:
2
DATE:
6-18-13
Staff Comment:
The proposed project is located in downtown Atascadero on a former
commercial retail site. In March 2009, a fire destroyed two commercial
buildings that were on the site. Final demolition occurred in 2012 of buildings
that were partially destroyed by the fire. The site contains sparse vegetation
such as weeds and other landscape that is no value or criti cal habitat for
endangered, rare, or threatened species, based on a Staff site visit and
consistent with the City’s certified General Plan EIR.
Existing vegetation abutting Highway 101 is within the California Department
of Transportation (Caltrans) and is not proposed to be removed or disturbed.
Any vegetation removal or tree removals will need to be permitted by
Caltrans.
d. Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality.
Staff Comment:
The proposed project does not result in significant effects related to traffic
noise, air quality or water quality. The proposed project consists of the
construction of three (3) new commercial buildings with a total of 7,500 sf of
general office uses;10,000 sf of proposed retail uses; 5,000 sf proposed
restaurant and 4,500 sf proposed lounge / bar. The proposed project is
estimated to generate approximately 1,148 new daily trips with an additional
146 PM peak trips according to the ITE trip generation manual, 8th edition.
The amount of traffic generated does not significantly impact the existing plus
project nor cumulative Level of Service (LOS) along El Camino Real and the
intersections nearest to the project (Traffic Way/El Camino Real; En trada/ El
Camino Real; West Mall/El Camino Real; East Mall / El Camino Real) below a
peak hour LOS C, the assumed threshold for acceptable traffic operations,
consistent with the City’s General Plan.
The proposed project has been analyzed for air quality impacts utilizing the
CALEEMOD air analysis model. The proposed project’s air quality impacts
are below the San Luis Obispo County Air Pollution Control District
(SLOAPCD) threshold of significance for both construction and operational
impacts, as outlined in the agency’s CEQA Air Quality Handbook, April 2012.
The proposed project has been analyzed for water quality impacts. The
project is a redevelopment project of a retail commercial site that is vacant
and underutilized. The project has been conditioned to include low impact
development (LID) measures to reduce stormwater runoff and detain runoff
within proposed swales and additional measures to be approved during the
Building Plan Review stage of the project.
25
ITEM NUMBER:
2
DATE:
6-18-13
e. The site can be adequately served by all re quired utilities and public
services.
Staff Comment:
The proposed project is currently served by all required utilities such as
electric (Pacific Gas and Electric Company), natural gas (Southern California
Gas Company) and telecommunication (Charter Cable / AT&T). Existing
public services at the site include sewer service as provided by the City of
Atascadero and water service by the Atascadero Mutual Water Company
(AMWC). These service providers will continue to provide all utilities to the
site after completion of the project.
Findings - Conditional Use Permit:
The City Council must make the following findings in order to appro ve the Conditional
Use Permit. If the Council chooses to deny the project, one of the following findings
must be sited as the reasons for denial:
1. The proposed project or use is consistent with the General Plan and the City’s
Appearance Review Manual.
Staff Comment:
The project architectural, site design and land use are consistent with the goals
of the General Plan and the design standards of the Appearance Review Manual.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance).
Staff Comment:
As conditioned the project would be consistent with the zoning ordinance
including approval of the height waiver request.
3. 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.
Staff Comment:
The project does have the potential to create parking impacts in the surrounding
neighborhood at full buildout of the project. The proposed project includes 78 off -
street parking spaces. Consistent with the Downtown Parking Plan, the project
needs to provide 25% of its required parking off -street in order to reduce this
impact to an acceptable level. The proposed project exceeds this requirement,
therefore the project will not be detrimental to the surrounding neighborhood.
26
ITEM NUMBER:
2
DATE:
6-18-13
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment:
The proposed project is consistent with the Downtown design guidelines and will
not be detrimental to the surrounding neighborhood uses and character.
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full deve lopment in accordance
with the Land Use Element.
Staff Comment:
Traffic will not have a significant traffic impact on the surround neighborhood
based on the number of average daily trips generated and a PM Peak traffic
generated of 146 trips. These trips will not create a significant impact to
intersections that operate above a LOS C.
Based on staff’s analysis in the preceding sections, it appears that all of the required
findings for approval of a Conditional Use Permit can be made.
Findings – Height Waiver:
The Planning Commission must make the following findings in order to recommend
approval of the Height Waiver to the City Council:
1. The project will not result in substantial detrimental effects on the enjoyment and
use of adjoining properties.
Staff Comment:
The proposed project will not create a significant architectural change in the
downtown and the area surrounding the Sunken Gardens. The proposed project’s
architecture is similar to that of Colony Square. Due to the architecturally character
of the building, and the potential to reduce freeway noise in the Downtown, these
changes would not be detrimental to the enjoyment of surrounding properties.
2. The modified height will not exceed the lifesaving equipment capabilities of the Fire
Department.
Staff Comment:
The proposed building will not exceed 37-feet in height. The proposed height waiver
will not exceed the capabilities of the Fire Department’s equipment.
27
ITEM NUMBER:
2
DATE:
6-18-13
Conclusions:
The proposed project will compliment Downtown, Colony Square, Historic City Hall and
other retail business and restaurants. The project will be a key part of the continued
revitalization of the Downtown in an era without redevelopment monies. Parking is likely
the biggest impact related to the project, but can be minimized with future parking
agreements and shared parking access from neighboring businesses . The proposed
project will require the Planning Commission and Council approval due to the road and
easement abandonments.
The proposed road abandonments meet the criteria of the State Streets and Highways
Code since:
1.) the portion of the El Camino Real right -of-way has not been constructed on
and has been impassable for vehicular travel for a period of five (5) consecutive
years, and no public money has been expended for maintenance on the subject
right-of-way during the stated time period; and
2.) the portions of El Camino Real and Atascadero Mall Avenue right -of-way is
considered excess right-of-ways not required for area circulation.
The abandonment is also consistent with the City’s Circulation Element of the General
Plan and will not reduce or interfere with necessary improvements to the road at build -
out, future bikeways, or planned trails.
FISCAL IMPACT:
The applicant shall pay all fees and expenses to abandon the Right-of-Way. City
Council will be considering issues regarding right -of-way compensation and final terms
of the property transfer.
The retail portions of the project will be revenue positive to the City regarding sales tax
and property tax increases. Additional revenue may be generated by the office uses in
the proposed project as workers dine and shop during business hours
ALTERNATIVES:
1. The Commission may recommend approval of the project with additional or
revised project conditions.
2. The Commission may recommend denial of the project if it is found that the
required findings cannot be made. The Commission’s recommendation to deny
must include a finding for denial.
3. The Commission may continue the hearing and refer the item back to staff for
additional information or analysis. Direction should be given to staff and the
applicant on required information.
28
ITEM NUMBER:
2
DATE:
6-18-13
ATTACHMENTS:
Attachment 1 – Location Map (General Plan & Zoning)
Attachment 2 – Site Photos
Attachment 3 – Proposed Site Plan
Attachment 4 – Draft Resolution PC 2013-0019
Attachment 5 – Draft Resolution PC 2013-0020
29
ITEM NUMBER:
2
DATE:
6-18-13
ATTACHMENT 1: Location Map
PLN 2013-1466 / CUP 2013-0268/RAB 2013-0020
6322-6500 El Camino Real
Zoning: Downtown Commercial (DC)
Land Use Designation: Downtown (D)
Project Site
6322-6500 El
Camino Real
30
ITEM NUMBER:
2
DATE:
6-18-13
ATTACHMENT 2: Site Photos
PLN 2013-1466 / CUP 2013-0268/RAB 2013-0020
6322-6500 El Camino Real
Existing Malibu Brew
View of recent demo of buildings
31
ITEM NUMBER:
2
DATE:
6-18-13
Existing Beauty Supply Store
Atascadero Main Street / Right-of-Way Abandonment Area
32
ITEM NUMBER:
2
DATE:
6-18-13
Existing Cell Phone Tower Facility
33
ITEM NUMBER:
2
DATE:
6-18-13
ATTACHMENT 3: Proposed Site Plan
PLN 2013-1466 / CUP 2013-0268/RAB 2013-0020
6322-6500 El Camino Real
34
ITEM NUMBER:
2
DATE:
6-18-13
ATTACHMENT 4: Draft Resolution PC 2013-0019
PLN 2013-1466 / CUP 2013-0268
6322-6500 El Camino Real
DRAFT RESOLUTION PC 2013-0019
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO RECOMMENDING APPROVAL
PLN 2013-1466 / CUP 2013-0268,
TO ALLOW A 26,500± SQUARE FOOT BUILDINGS
CONTAINING, RETAIL SPACEAND SIT DOWN RESTAURANT SPACE
AND 2nd STORY OFFICE USES
WITH A HEIGHT WAIVER EXCEPTION REQUEST AND
A TREE REMOVAL PERMIT
(HOFF / WYSONG)
WHEREAS, an application was received from Larry M. Wysong, 7025 Morro Road,
Atascadero, CA, 93422, (Applicant), and Ben Hoff LLC, PO Box 928, Atascadero, CA, 9342 3
(Property Owner) for a Conditional Use Permit to allow to allow for a total of 26,500± square
foot buildings containing retail space (10,000 sf); a sit down restaurant (5,000 sf) with an
upstairs bar/lounge (4,500 sf); and office space on the 2nd floor of buildings (7,500 sf) on a 1.5±
acre site, with a height waiver exception request, a sign ordinance exception for a freeway pole
sign and a tree removal permit for one 6-inch White Oak; and,
WHEREAS, the proposed project has a General Plan Designation of Downtown (D) and
is in conformance with the Land Use Element of the General Plan and all other applicable
General Plan policies; and,
WHEREAS, the site is located in the Downtown Commercial (DC) Zone, which allows
for the proposed use; and,
WHEREAS, a Conditional Use Permit is required to allow a height waiver exception in
the DC zone; and,
WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with
CEQA section 15332 Urban Infill; and,
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
proposed Conditional Use Permit application on June 18, 2013, at 7:00 p.m. and considered
testimony and reports from staff, the applicants, and the public.
NOW THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
35
ITEM NUMBER:
2
DATE:
6-18-13
SECTION 1. Findings for Approval of Conditional Use Permit. The Planning
Commission finds as follows:
1. The proposed project or use is consistent with the General Plan and the City’s
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance); and,
3. Due to the size and configuration of the lot, the establishment, and subsequent use of
the additional accessory structures 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; and,
4. That the proposed additional accessory structures will not be inconsistent with the
character or the immediate neighborhood or contrary to its orderly development; and,
5. That the proposed accessory structures will not generate a volume of traffic beyond
the safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
SECTION 2. Findings for approval of Exception of Height Limitations consistent
with Section 9-4.113. The Planning Commission finds as follows:
1. The project will not result in substantial detrimental effects on the enjoyment and use
of adjoining properties; and,
2. The modified height will not exceed the lifesaving equipment capabilities of the Fire
Department.
36
ITEM NUMBER:
2
DATE:
6-18-13
SECTION 3. Findings for Approval of Tree Removal Permit. The Planning
Commission finds as follows:
1. The tree is obstructing proposed improvements that cannot be reasonably designed to
avoid the need for tree removal, as certified by a report from the site planner and
determined by the Community Development Department based on the following
factors:
a. Early consultation with the City,
b. Consideration of practical design alternatives,
SECTION 4. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on June 18, 2013, resolved to recommend that the
City Council approve Conditional Use Permit 2013-0268 with a height waiver and tree removal
permit, subject to the following:
EXHIBIT A: CEQA Notice of Exemption
EXHIBIT B: Conditions of Approval
EXHIBIT C: Proposed Site Plan
EXHIBIT D: Proposed Elevations
EXHIBIT E: Proposed Landscaping Plan
EXHIBIT F: Proposed Freeway Oriented Signage
37
ITEM NUMBER:
2
DATE:
6-18-13
AYES: , ( )
NOES: ( )
ABSENT: ( )
ABSTAINED: ( )
ADOPTED:
CITY OF ATASCADERO, CA
_________________________________________
David Bentz
Planning Commission Chairperson
ATTEST:
___________________________________
Warren Frace
Planning Commission Secretary
38
ITEM NUMBER:
2
DATE:
6-18-13
EXHIBIT A: Categorical Exemption
PLN 2013-1466 / CUP 2013-0268
6322 through 6500 El Camino Real (La Plaza)
39
ITEM NUMBER:
2
DATE:
6-18-13
EXHIBIT A: Categorical Exemption
PLN 2013-1466 / CUP 2013-0268
6322 through 6500 El Camino Real (La Plaza
40
ITEM NUMBER:
2
DATE:
6-18-13
EXHIBIT A: Categorical Exemption
PLN 2013-1466 / CUP 2013-0268
6322 through 6500 El Camino Real (La Plaza)
41
ITEM NUMBER:
2
DATE:
6-18-13
EXHIBIT A: Categorical Exemption
PLN 2013-1466 / CUP 2013-0268
6322 through 6500 El Camino Real (La Plaza)
42
ITEM NUMBER:
2
DATE:
6-18-13
EXHIBIT B: Conditions of Approval
PLN 2013-1466 / CUP 2013-0268
6322 through 6500 El Camino Real (La Plaza)
Exhibit B
Conditions of Approval / Mitigation Monitoring Program
PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El
Camino Real (La Plaza)
Timing
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Planning Conditions
1. The approval of this application shall become final, subject to the
completion of the conditions of approval, fourteen (14) days
following the Planning Commission approval unless prior to the
time, an appeal to the decision is filed as set forth in Section 9-
1.111(b) of the Zoning Ordinance.
On-going PS
2. This Conditional Use Permit shall be for a 26,500± square foot
commercial mixed-use retail development consisting of retail
space (10,000 sf); a sit down restaurant (5,000 sf) with an upstairs
bar/lounge (4,500 sf); and office space on the 2nd floor of buildings
(7,500 sf) on a 1.5± acre site with a freestanding freeway pole
sign.
BP PS
3. The existing cellular communication facility shall remain in place
subject to the conditions of CUP 2002-0062.
On-going PS
4. The Community Development Department shall have the authority
to approve the following minor changes to the project that (1)
modify the site plan project by less than 10%, and/or (2) result in a
superior site design or appearance.
BP PS
5. Approval of this Conditional Use Permit shall be valid for twenty-
four (24) months after its effective date. At the end of the period,
the approval shall expire and become null and void unless the
project has received a building permit or a time extension has
been granted.
BP PS
6. The applicant and/or subsequent owners shall defend, indemnify,
and hold harmless the City of Atascadero or its agents, officers,
and employees against any claim or action brought to challenge
an approval by the City, or any of its entities, concerning the
proposed development.
On going PS
7. The project shall provide a minimum of 70 off street parking
spaces within the project site, for project customers and
employees.
BP PS
8. Prior to the issuance of on-site construction permits, the
applicant shall record reciprocal public access easement on
driveways indicated on Exhibit C.
43
ITEM NUMBER:
2
DATE:
6-18-13
Exhibit B
Conditions of Approval / Mitigation Monitoring Program
PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El
Camino Real (La Plaza)
Timing
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
9. Prior to the issuance of on-site construction permits, the
applicant shall record a pedestrian access easement along the
southern side of the plaza feature in front of Building “A” along
El Camino Real consistent with Exhibit C. The historic “El
Camino Real” bell monument shall be relocated and
incorporated into the plaza.
BP PS
10. An exception to the height limitations of the Downtown
Commercial zoning district shall be allowed for all structures
within the development. Building heights shall not exceed 37-
feet in height consistent with Exhibit D.
BP PS
11. Architectural elevations, colors, materials, and signs shall be
shall be consistent with the character of the elevations shown on
Exhibit E.
BP PS
12. Final colors and exterior finishes shall be submitted to Staff for
review.
BP PS
13. The rear elevation of the building that is visible from US 101
shall include substantive architectural treatments and materials.
BP PS
14. All trash enclosures shall be constructed of masonry with solid
metal gates. The walls and gates shall be architecturally
coordinated with the project architecture.
BP PS
15. All roof top mechanical equipment shall be screen from view in
all directions.
BP PS
16. Final approval of site landscaping, irrigation, plant material,
streetscape, hardscape and site furniture shall be approved by
the Planning Staff and consistent with Exhibit E.
BP PS
17. Complete grading, drainage, utility, storm water management
plans with low impact development bio-swale features and
handicapped accessibility plans shall be submitted at time of
building permit.
BP PS
18. Prior to building permit issuance, a tree mitigation fee of $200
shall be paid for the removal of one 6-inch white oak tree.
BP PS
19. A freeway oriented pole sign shall be permitted on-site with the
maximum height determined by a balloon visibility test, but in no
case shall the total height of the commercial sign area exceed
60-feet above finished grade. Pole sign shall have a decorative
cap, and shall include the City’s Logo and “Downtown
Atascadero” on the face of the sign. The City’s Logo and
“Downtown Atascadero” shall not count against the maximum
signage area of 120 square feet per side and 240 square feet
total signage area.
BP PS
44
ITEM NUMBER:
2
DATE:
6-18-13
Exhibit B
Conditions of Approval / Mitigation Monitoring Program
PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El
Camino Real (La Plaza)
Timing
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
20. The color of the freeway sign pole shall be a dark earthtone
consistent with the City’s Wayfinding Program and Exhibit F.
BP PS
GENERAL PUBLIC WORKS REQUIREMENTS
21. Applicant agrees to develop the site frontage and public
improvements in accordance with City Standard Engineering
Plans and Specifications.
22. Applicant shall file a Parcel Map to merge subject lots in
accordance with the Conditional Use Permit Site Plan.
23. Concurrent with Parcel Map approval, the applicant shall record
a reciprocal access easement and maintenance agreement for
all shared driveways and drive isles between Atascadero Mall
and the Jack-in-the-Box property, as directed by the City
Engineer.
24. Prior to Parcel Map approval, the applicant shall remove existing
structures.
25. Prior to Parcel Map approval applicant shall quitclaim or relocate
easements running through proposed structures, as directed by
the City Engineer.
26. At map check submittal, the applicant shall provide a preliminary
subdivision guarantee. A final subdivision guarantee is required
prior to Final Parcel Map approval.Prior to final parcel map
approval, the applicant is tentatively required to grant
easements on the final map (or if located outside the map
boundary, the applicant shall grant easements by means of
separate document). The easements shall be reviewed and
approved by the City Engineer.
27. Prior to recording the lot merger parcel map, the applicant shall
submit a copy of a valid tax bond. This may be waived by the
City Engineer if a tax bond is not required by the County of San
Luis Obispo for recording purposes.
28. All existing and proposed utility, pipeline, open space, or other
easements are to be shown on the lot merger map. If there are
building or other restrictions related to the easements, they shall
be noted on the parcel map. The applicant shall show all
access restrictions on the parcel map.
29. The applicant shall relocate all public and private utilities that
conflict with the proposed project. The applicant shall provide
45
ITEM NUMBER:
2
DATE:
6-18-13
Exhibit B
Conditions of Approval / Mitigation Monitoring Program
PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El
Camino Real (La Plaza)
Timing
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
easements for the relocated utilities if required by the owners.
30. Prior to final parcel map approval applicant shall submit Will
Serve Letters from all utility companies serving the project site .
Road Abandonment Requirements
31. Prior to issuance of building permits, the applicant shall obtain a
road abandonment for the portion of Atascadero Avenue
overlying 030-193-003. The applicant shall grant back to the
City a public access easement covering the portion of the lot
that will be used for public ingress and egress.
32. Prior to issuance of building permits, the applicant shall
extinguish 1) an easement (88-OR-114) for road purposes
recorded May 22, 1930, shown on Parcel Map CO-68-61, and 2)
a landscape easement granted to the City of Atascadero. The
applicant shall grant back to the City a public access easement
covering the portion of the road easement that will be used for
public ingress and egress.
33. Prior to issuance of building permits, the applicant shall file for
and obtain a lot merger for all parcels affected by the project.
Bonds, Fees and Miscellaneous Requirements
34. Prior to issuance of encroachment permits for public
improvements (street, sewer, storm drain, water), the applicant,
by improvement agreement with the City Engineer, shall
guarantee installation of the improvements through faithful
performance bonds, letters of credit or any other acceptable
means. Building final shall be withheld if the improvements are
not completed.
Grading and Drainage
35. Prior to storm drain plan approval, the applicant shall grant all
easements needed for future maintenance of public storm drain
facilities by the City.
36. Prior to grading permit, the applicant shall obtain approval of a
drainage study for the proposed private onsite and public offsite
storm drain system from the City Engineer. The study shall
demonstrate that runoff generated onsite will not negatively
affect downstream waterways or properties. Onsite retention
and detention basins, including bioswales shall be employed to
the satisfaction of the City Engineer. Offsite storm drain
46
ITEM NUMBER:
2
DATE:
6-18-13
Exhibit B
Conditions of Approval / Mitigation Monitoring Program
PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El
Camino Real (La Plaza)
Timing
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
facilities needed for compliance with City Engineering Standards
identified in the drainage study shall be installed.
37. Prior to issuance of grading permits affecting Caltrans right-of-
way, the applicant shall submit written approval from Caltrans
for the proposed construction within Caltrans right-of- way.
38. Maintenance responsibilities for all drainage devices, and
erosion and sedimentation control devices/systems not
transferable to the City shall be the responsibility of the property
owner.
39. Prior to grading permit, the applicant shall obtain a notarized
Letter of Permission for grading over all easements.
40. Applicant shall submit erosion control plans and a Storm Water
Pollution Prevention Plan (if the area of disturbance is greater
than an acre.
41. The applicant or subsequent property owners shall also be
responsible for providing regularly scheduled maintenance of
the storm drain infrastructure, as directed by the City Engineer.
42. Prior to Parcel Map approval, the applicant shall place a note on
the map, prohibiting the lot owners within this development from
interfering with the established drainage master plan and from
erecting walls, curbs or similar solid constructions, except as
approved by the City Engineer.
Street Improvement Requirements
43. Applicant shall install Downtown Streetscape Standard curbs,
gutters and sidewalks including decorative lights and street
trees along the project frontage on El Camino Real and
Atascadero Mall in accordance with City Standards. The
irrigation system shall be tied into existing City facilities,
including controllers and distribution laterals.
44. The proposed signalization of the intersection of the main
access driveway into the La Plaza site and El Camino Real,
including loop detectors, shall be constructed in accordance with
City Engineering Standards, and approved by the City Engineer.
45. The intersection of the driveways with El Camino Real shall be
modified as necessary to meet site distance, horizontal and
vertical alignment standards of the City Engineering Standards.
47
ITEM NUMBER:
2
DATE:
6-18-13
Exhibit B
Conditions of Approval / Mitigation Monitoring Program
PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El
Camino Real (La Plaza)
Timing
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
46. All pedestrian facilities shall comply with the applicable
requirements of the Americans with Disabilities Act.
47. Prior to any construction (including, but not limited to, drive
approaches, sidewalks, curbs and gutters, etc.), trenching or
grading within public or private street right-of-way, the applicant
shall submit a street improvement plan consistent with the
adopted Downtown Streetscape Standards and the conditions of
approval and obtain encroachment permits from the City
Engineer.
48. Applicant shall submit a composite utility plan, signed by PG&E,
AT&T, Charter Cable TV and Southern California Gas Company
indicating location of all underground utilities within the public
right-of-way to serve the project. Plan shall be reviewed and
approved by the City Engineer prior to approval of public
improvement plans.
49. Prior to building final, all new and existing power lines and
overhead cables less than 34 KV within or fronting the project
site shall be installed underground.
50. Prior to Parcel Map approval, the applicant shall dedicate
sidewalk easements sufficient to encompass ADA requirements
for sidewalks installed with drive approaches in accordance with
the current City standard, or equivalent.
51. Prior to building final, the applicant shall construct full street
improvements to the satisfaction of the City Engineer.
52. Prior to Parcel Map approval, the applicant shall pay fees for
signing and striping of streets as determined by the City
Engineer or shall prepare signing and striping plans f or El
Camino Real, as directed by the City Engineer.
53. Prior to building final, the applicant shall install mailboxes and
posts in accordance with the City’s standards, and secure
approval of the U.S. Postal Service prior to installation.
54. Prior to building final, the applicant shall construct wheelchair
ramps at intersections, as directed by the City Engineer.
Sewer Improvement Requirements
55. Applicant shall pay sewer extension (Annexation), Connection
and Reimbursement fees (if applicable) upon issuance of
building permit.
48
ITEM NUMBER:
2
DATE:
6-18-13
Exhibit B
Conditions of Approval / Mitigation Monitoring Program
PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El
Camino Real (La Plaza)
Timing
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
56. The existing sewer main in Atascadero Mall shall be relocated
as necessary to avoid proposed improvements. Relocated main
shall be located within a 20-foot wide sewer easement to be
dedicated by applicant as directed by City Engineer.
57. Prior to issuance of building permits for each component of the
Conditional Use Permit, the project applicant shall submit plans
to the City for approval that demonstrates compliance with the
City Sanitary Sewer Management Plan, including City standards
for the Fats, Oils and Grease (FOG) Program; and the
installation of adequately sized grease interceptors for all food
service establishments (FSEs).
58. The sewer plans shall be reviewed and approved by the City
Engineer.
59. Existing sewer manhole frame and covers relocated or adjusted
due to street or other construction shall be replaced with current
City Standard Manhole Cover per City Engineering Standards .
60. Prior to issuance of building permits, the applicant shall
construct separate laterals to serve each building.
61. The main-line sewers located in the public/private streets shall
be a publicly maintained. All other sewer lines shall be privately
maintained.
Traffic
62. The project applicant shall implement the following traffic
mitigation measures.
a. Prior to issuance of the final certificate of occupancy for the
project, the intersection of El Camino Real/West Mall
Avenue/ Main Driveway shall be improved with modified
signals and equipment as needed by the project applicant.
b. The project applicant shall revise the improvement plans to
provide for a northbound left-turn lane on El Camino Real at
the new main driveway serving the site. The City Engineer
shall review and approve the lane geometry.
c. Prior to issuance of the final certificate of occupancy for the
project, the applicant shall install bicycle facilities (racks) in
convenient locations. Bicycle storage shall be provided at a
ratio of no less than 1 bicycle space for each 20 vehicular
spaces.
49
ITEM NUMBER:
2
DATE:
6-18-13
Exhibit B
Conditions of Approval / Mitigation Monitoring Program
PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El
Camino Real (La Plaza)
Timing
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
d. Prior to acceptance of improvements to El Camino Real the
project frontage improvements on El Camino Real shall
include Class II bicycle lanes as a component of the signal
installation at El Camino Real.
End conditions
50
ITEM NUMBER:
2
DATE:
6-18-13
EXHIBIT C: Proposed Site Plan
PLN 2013-1466 / CUP 2013-0268
6322 through 6500 El Camino Real (La Plaza)
Provide
pedestrian
easement at
the end of
median
property
Relocate
and
incorporate
El Camino
Real Bell
into plaza.
Provide public
access
easements on
driveways
Existing cellular
communication
facility to remain
Median property
to remain City
owned. Proposed
improvements
and building
demolition to be
permitted with
frontage
improvement
encroachment
permit.
51
ITEM NUMBER:
2
DATE:
6-18-13
EXHIBIT D: Proposed Architecture Elevations
PLN 2013-1466 / CUP 2013-0268
6322 through 6500 El Camino Real (La Plaza)
52
ITEM NUMBER:
2
DATE:
6-18-13
EXHIBIT D: Proposed Architecture Elevations
PLN 2013-1466 / CUP 2013-0268
6322 through 6500 El Camino Real (La Plaza)
53
ITEM NUMBER:
2
DATE:
6-18-13
EXHIBIT D: Proposed Architecture Elevations
PLN 2013-1466 / CUP 2013-0268
6322 through 6500 El Camino Real (La Plaza)
54
ITEM NUMBER:
2
DATE:
6-18-13
EXHIBIT D: Proposed Architecture Elevations
PLN 2013-1466 / CUP 2013-0268
6322 through 6500 El Camino Real (La Plaza)
55
ITEM NUMBER:
2
DATE:
6-18-13
EXHIBIT E: Proposed Landscape Plans
PLN 2013-1466 / CUP 2013-0268
6322 through 6500 El Camino Real (La Plaza)
56
ITEM NUMBER:
2
DATE:
6-18-13
Pole Sign Location
EXHIBIT F: Proposed Freeway Oriented Signage
PLN 2013-1466 / CUP 2013-0268
6322 through 6500 El Camino Real (La Plaza
Sign to include
“Downtown
Atascadero” and City
Logo (excluded from
total signage area and
height restriction)
120 sf of
commercial
signage per side
Total of 240 sf of
commercial
signage
60
feet
max
57
ITEM NUMBER:
2
DATE:
6-18-13
DRAFT RESOLUTION PC 2013-0020
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ATASCADERO RECOMMENDING THE CITY COUNCIL APPROVE
ROAD ABANDONMENT 2013-0020 TO SUMMARILY VACATE
PORTIONS OF: EL CAMINO REAL, AND ATASCADERO MALL
AVENUE PURSUANT TO SECTION 8331 OF THE CALIFORNIA
STREETS AND HIGHWAYS CODE
( Hoff / Wysong )
WHEREAS, an application was received from Larry M. Wysong, 7025 Morro Road,
Atascadero, CA, 93422, (Applicant), and Ben Hoff LLC, PO Box 928, Atascadero, CA, 9342 3
(Property Owner) to abandon an approximate 0.11 acre portion of El Camino Real and a 0.24
acre portion of Atascadero Avenue (also referred to as “Atascadero Mall”), being portions of
Lots 18 and 19, Block H-B, Atascadero Colony Subdivision, City of Atascadero, County of San
Luis Obispo, State of California and filed for record on October 21, 1914 in Book 3 AC at Page
32 of Maps; and
WHEREAS, the current General Plan Designation and Zoning Designation is right-of-
way; and,
WHEREAS, the abandoned portion of the road will become a part of the adjacent
property currently zoned Downtown Commercial; and,
WHEREAS, the project is in conformance with the Circulation Element of the General
Plan and all other applicable General Plan policies; and,
WHEREAS, the proposed right-of-way abandonment is exempt from CEQA review per
section 15305: Minor Alterations in Land Use Limitations.
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
proposed Road Abandonment on April 20, 2010 at 7:00 p.m. and considered testimony, reports
from staff, the applicants, and the public; and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings of Approval for the Road Abandonment. The Planning
Commission finds as follows:
1. The proposed project is consistent with the General Plan.
2. The portions of El Camino Real and Atascadero Mall Avenue right-of-ways proposed to
be abandoned have been determined to be excess right-of-way.
58
ITEM NUMBER:
2
DATE:
6-18-13
3. The portion of El Camino Real right-of-way proposed to be abandoned has been
impassable for vehicular travel for a period of five consecutive years and no public
money has been expended for maintenance on the street during such period.
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on June 13, 2013 resolved to recommend that the
City Council approve Road Abandonment 2013-0020 subject to the following:
EXHIBIT A: Location Map
EXHIBIT B: Road Abandonment Diagram
EXHIBIT C: Conditions of Approval
BE IT FURTHER RESOLVED, that a copy of this Resolution be delivered forthwith
by the Planning Commission Secretary to the City Council of the City of Atascadero.
AYES: , ( )
NOES: ( )
ABSENT: ( )
ABSTAINED: ( )
ADOPTED:
CITY OF ATASCADERO, CA
_________________________________________
David Bentz
Planning Commission Chairperson
ATTEST:
___________________________________
Warren Frace
Planning Commission Secretary
59
ITEM NUMBER:
2
DATE:
6-18-13
Exhibit A: Location map
RAB 2013-0020
Project Area
60
ITEM NUMBER:
2
DATE:
6-18-13
Exhibit B: Road Abandonment diagram
RAB 2013-0020
Landscape
easement to be
abandoned
Roadway
easement to be
abandoned
61
ITEM NUMBER:
2
DATE:
6-18-13
Exhibit C: Conditions of Approval
RAB 2013-0020
Conditions of Approval:
PLN 2013-1466 / RAB 2013-0020
Timing
FM; Final Map
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
City Engineer Conditions
1. Prior to City Council approval of the road abandonment, the applicant shall
prepare and record an easement document granting the City of Atascadero
a public vehicular and pedestrian access, storm drain and sanitary sewer
easements. The document shall except out the area under the footprint of
the proposed building. The easement document shall be accompanied by
a legal description and graphical exhibit. The easement document shall be
found acceptable to the City Engineer prior to re cordation.
Prior to
Recordation
CE
2. Prior to City Council approval of the road abandonment, the applicant shall
have the application reviewed by all applicable public and private utility
companies (cable, telephone, gas, electric, water, wireless
telephone/telecommunications.) The applicant shall obtain a letter from
each utility company which indicates their review of the application and any
required changes. The letter shall identify any new easements and or
abandonments which may be required by the utility company. A copy of
the letters shall be submitted to the City. If public or private utilities, sewer,
water or storm drain utilities are found to conflict with any proposed building
footprint or building appurtenance, the applicant shall relocate the utility at
his or her own cost, prior to City Council approval of the road
abandonment. New easements shall be recorded prior to City Council
approval of the road abandonment. The easement document shall be
found acceptable to the City Engineer prior to recordation.
Prior to
Recordation
CE
3. The applicant shall pay all costs for plan check and right-of-way
abandonment.
Prior to
Recordation
CE
4. The applicant shall submit a Final Parcel Map, per the requirements of the
subdivision Map Act and California Streets and Highway Code, merging the
abandoned portion of the Right-of-Way and the existing parcels, and
granting any public easements for access, utilities, drainage, water or
sewer. The Final Parcel Map shall be submitted after City Council approval
of the Right-of-Way abandonment. The Final Map shall be found
acceptable to the City Engineer prior to City Council acceptance and
approval. The Final Parcel Map shall be in substantial conformance with
the City Council’s action and shall be approved by the City Council prior to
recordation.
Prior to
Recordation
CE
5. The applicant shall submit a tax bond to the City of Atascadero prior to the
City Council’s approval of the Final Map.
Prior to
Recordation
CE
6. Prior to issuance of building permits, the applicant shall obtain a road
abandonment for the portion of Atascadero Avenue overlying 030-193-003.
The applicant shall grant back to the City a public access easement
covering the portion of the lot that will be used for public ingress and
BP CE
62
ITEM NUMBER:
2
DATE:
6-18-13
Conditions of Approval:
PLN 2013-1466 / RAB 2013-0020
Timing
FM; Final Map
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
egress.
7. Prior to issuance of building permits, the applicant shall extinguish 1) an
easement (88-OR-114) for road purposes recorded May 22, 1930, shown
on Parcel Map CO-68-61, and 2) a landscape easement granted to the City
of Atascadero. The applicant shall grant back to the City a public access
easement covering the portion of the road easement that will be used for
public ingress and egress.
BP CE
8. Prior to issuance of building permits, the applicant shall file for and obtain a
lot merger for all parcels affected by the project.
BP CE
t:\- 13 plns\pln 2013-1466 hoff property mixed use \planning commission\sr-pc-hoff.mu.ac version 2.docx
ITEM: 3
DATE: 6-18-13
Atascadero Planning Commission
Staff Report - Community Development Department
Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org
PLN 2011-1417 / ZCH 2011-0163
2007 - 2014 Housing Element
Implementation of Program and Policies
(City of Atascadero)
SUBJECT:
This action consists of proposed Zoning Ordinance Text Amendments to portions of Title
9, Planning and Zoning. The proposed text amendments consist of both revisions to
existing code and introduction of new ordinances to implement the City’s Housing Element
and 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.
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; and the ability to establish a horizontal mixed-use
subject to a Planned Development and General Plan Amendment.
3. Amend the Residential Multi-Family-10 (RMF-10) zone to establish a minimum
density requirement, 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.
5. Establish an ordinance that allow for the development of Single Room Occupancy
(SRO) units.
6. Establish an ordinance to comply with SB-2, permitting an emergency shelter in a
site specific location and define transitional and supportive housing in residential
zones.
7. Modify land use descriptions, permitted uses, conditionally permitted uses, and
zoning ordinance definitions for code consistency and simplification of the City’s
Residential Zoning Ordinance for ease of use and common sense reform.
ITEM: 3
DATE: 6-18-13
RECOMMENDATION:
Staff recommends that the Planning Commission adopt Resolution PC 2013-0016,
recommending that the City Council introduce an ordinance for first reading, by title
only, to approve PLN 2011-1417 (Zone Text Change ZCH 2011-0163) based on
findings.
REPORT-IN-BRIEF:
The following summarizes the six (6) 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: 3
DATE: 6-18-13
Exhibit A - Report In Brief
Item Existing Code Section Issues / New Ordinance Proposed Amendments
1. 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)
Add additional overlay for emergency
shelters, consistent with the City’s
Housing Element and SB-2
Implementation
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)
2. Article 3 – RS (Residential Suburban) Zone Proposed revision of section to make it
easier to find allowed / conditionally
allowed uses and addition of use table
that combines all uses for all residential
zones in one location. This section will
now include all residential uses.
Proposed complete revision of Article 3. Proposed to be titled
Article 3 – Residential Zoning Districts. Section to include
all residential lot size standards and provide a use table in
section 9-3.180.
3. Article 4 – RSF (Residential Single Family) Zone Proposed revision of this section to
eliminate and combine with a revised
Article 3.
Eliminate all text in section and move lot size standards to
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 combine with a revised
Article 3.
Eliminate all text in section and move lot size standards to
Article 3 and move allowed uses / conditionally allowed uses
into a new use table in section 9-3.180.
ITEM: 3
DATE: 6-18-13
Item Existing Code Section Issues / New Ordinance Proposed Amendments
5. Article 6 – RMF (residential Multi-Family Zone Proposed revision of this section to
eliminate and combine with a revised
Article 3.
Eliminate all text in section and move lot size standards to
Article 3 and move allowed uses / conditionally allowed uses
into a new use table in section 9-3.180.
6. 9-3.175 Density
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).
Housing element contains policies to
preserve multi-family housing zones.
Proposed minimum dwelling units for
RMF-10 zone, similar to RMF-20. Also
provide clarification to the maximum
amount of RMF units in the RMF-20
zone per City Council direction.
9-3.175 173 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 established in
accordance 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).
7. 9-3.175 Density
(d) Group Quarters. The maximum population density for
group quarters shall be as follows:
Eliminate this section as it no longer is
an allowed use in the RMF Zone.
Proposed section elimination.
8. Density Bonus:
(c) Density Bonus. A density bonus may be granted, of
up to thirty-five percent (35%) may be granted
through conditional use permit approval in exchange
for provision of the following in accordance with
Government Code Section 65915:
Density bonus section needs revision
based on State Housing Law. Proposed
elimination of this section and create a
new Article for State Density Bonus
regulations.
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 9-3.806. of up to thirty-five percent (35%) may be
granted through conditional use permit approval in exchange
for provision of the following in accordance with Government
ITEM: 3
DATE: 6-18-13
Item Existing Code Section Issues / New Ordinance Proposed Amendments
(1) Ten percent (10%) of the base density units for
very low-income households;
(2) Twenty percent (20%) of the base density units
for low-income households; or,
(3) Fifty percent (50%) of the base density units for
moderate income seniors.
Code Section 65915:
(4) Ten percent (10%) of the base density units
for very low-income households;
(5) Twenty percent (20%) of the base density
units for low-income households; or,
(6) Fifty percent (50%) of the base density units
for moderate income seniors.
9. 9-3.203 Conditional uses – Commercial Neighborhood
Zone
Addition of multi-family uses in this zone
consistent with General Plan and
Housing Element. Addition of “artisan
shops” for code consistency and revised
land use definitions.
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):
(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 Professional Zone
Addition of artisan shop and day care
definitions for code consistency.
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:
(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;
ITEM: 3
DATE: 6-18-13
Item Existing Code Section Issues / New Ordinance Proposed Amendments
Ord. 68 § 9-3.212, 1983)
(aa) Day Care (see section 9-6.125)
(bb) Artisan Shops
11. 9-3.212 Conditional uses – Commercial Professional Zone
Addition of multi-family uses in this zone
consistent with General Plan and
Housing Element.
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;
(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;
12. 9-3.222 Allowable uses – Commercial Retail Zone
Modifications for consistency with
revised land use descriptions.
(z) Hotels and motels;
(aa) Skilled nursing facility Medical Extended Care
Services (see Section 9-6.134);
(bb) Bed and breakfast;
(cc) Retirement hotel 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);
ITEM: 3
DATE: 6-18-13
Item Existing Code Section Issues / New Ordinance Proposed Amendments
(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 Shop
(kk) Day Care (see Section 9-6.125
13. 9-3.223 Conditional uses – Commercial Retail Zone
Addition of multi-family uses in this zone
consistent with General Plan and
Housing Element, and addition of a
single room occupancy unit.
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):
(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;
(u) Single Room Occupancy unit (see Section 9-
6.184)
14. 9-3.262 Downtown district allowable land uses and permit
requirements Modifications for consistency with
revised land use descriptions.
See Attachment 4
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:
(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)
ITEM: 3
DATE: 6-18-13
Item Existing Code Section Issues / New Ordinance Proposed Amendments
(k) Day Care (see Section 9-6.125)
16. Addition of Article 25, Emergency Shelter Overlay Zone
(New Section) This section implements the Emergency
shelter 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.
See Attachment 4
17. Article 29. Land Use Descriptions
This section contains descriptions of the
types of 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.
See Attachment 4
18. Article 30 Density Bonus (New Section) This section is a new section that
implements revised state law in regards
to density bonus.
See Attachment 4
19. 9-6.185 – Single Room Occupancies (New Section) This section has been added to
implement the City’s Housing Element
and State Housing law allowing the
ability to build or convert structures into
single room occupancies. This section
sets up development standards for this
proposed use.
See Attachment 4
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
ITEM: 3
DATE: 6-18-13
Item Existing Code Section Issues / New Ordinance Proposed Amendments
application by the developer to the City (Government Code
65915(f)). 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 (HUD).
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”.
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
ITEM: 3
DATE: 6-18-13
Item Existing Code Section Issues / New Ordinance Proposed Amendments
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).
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. A residential facility designed for a
maximum of 15 people, whom function as a single household
as defined by the City’s single family residential definition,
which provides medium-term accommodations to homeless
individuals and families for up to six months residence. 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: 3
DATE: 6-18-13
Item Existing Code Section Issues / New Ordinance Proposed Amendments
21. Chapter 13 – Reasonable Accommodations (New Section) This section implements State Housing
Law and other federal housing relations.
See Attachment 4
ITEM: 3
DATE: 6-18-13
ITEM: 3
DATE: 6-18-13
SITUATION AND FACTS:
1. Applicant: City of Atascadero
2. General Plan Designation: Citywide
3. Zoning District: Citywide
4. Environmental Status: Exempt from CEQA (Section 15061.(3) Review
for Exemption; not a project)
DISCUSSION:
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.
Analysis:
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 in centives to housing
ITEM: 3
DATE: 6-18-13
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 t he 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;
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.
ITEM: 3
DATE: 6-18-13
Proposed Text Change:
9-3.175 172 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 established in accordance
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 9-
3.806. of up to thirty-five percent (35%) may be granted through conditional use permit
approval in exchange for provision of the following in accordance with Government
Code Section 65915:
(7) Ten percent (10%) of the base density units for very low-income households;
(8) Twenty percent (20%) of the base density units for low-income households; or,
(9) Fifty percent (50%) of the base density units for moderate income seniors.
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 provisions of this Section apply to the construction of five (5) or more housing units as a part of any
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 seniors 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.
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 housing developments meeting the criteria of section 9-3.802(c), the density
ITEM: 3
DATE: 6-18-13
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.
(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(b).
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
Development1
Very Low-
Income Units
Percentage of
Density Bonus1
Low-Income Units Percentage of
Density Bonus1
Moderate-Income
Units
Percentage of
Density Bonus1
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%
1 Density bonus is above the highest range of base density.
ITEM: 3
DATE: 6-18-13
(b) 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.
(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(g), information sufficient to permit the City to determine that the proposed
donation conforms with the requirements of Section 65915 and this Code; and
(l) 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;
(2) 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;
(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
ITEM: 3
DATE: 6-18-13
(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:
(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
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(b).
(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.
Number of Developer Incentives
Number of Developer Incentives
Set Aside Units
Very Low-Income
Units
Low-Income Units Moderate-Income Units in Common Interest
Developments1
1 5% 10% 10%
2 10% 20% 20%
3 15% 30% 30%
1 Common interest development includes common interest developments of, or in a planned development as defined in Subdivision (k) of Section
1351 of the Civil Code that are offered to the public for purchase.
ITEM: 3
DATE: 6-18-13
(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.
9-9.102 General definitions.
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(f)).
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.
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;
(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;
ITEM: 3
DATE: 6-18-13
(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)
(k) Multi-Family Dwelling, when located on the 2nd floor or above;
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);
(l) Pipelines;
(m) Outdoor recreation services (see Section 9-6.123);
(n) Sports assembly;
ITEM: 3
DATE: 6-18-13
(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;
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 u nit on the site. For example, if a property
owner would develop a vacant piece of property that is approximately ½ 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 ½ 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: 3
DATE: 6-18-13
Table 1 –Existing 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 – Existing 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: 3
DATE: 6-18-13
Proposed Text Change:
9-3.175 172 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 established in accordance
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) Group Quarters. The maximum population density for group quarters shall be as
follows:
Maximum Population Density
Low density multifamily
residential 22 persons/net acre*
High density multifamily
residential 36 persons/net acre*
(d) For skilled nursing facilities 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-16 20 District Fifty-five (55) beds/net acre
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
ITEM: 3
DATE: 6-18-13
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.
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 Reserved 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 zoning law (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 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.
(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: 3
DATE: 6-18-13
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 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
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 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
ITEM: 3
DATE: 6-18-13
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).
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 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)(2).
(b) Discontinuance:
(1) A Reasonable Accommodation shall lapse if the exercise of rights granted by it is
discontinued for at least 365 consecutive days.
(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.
ITEM: 3
DATE: 6-18-13
(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 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.
5. 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 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.
ITEM: 3
DATE: 6-18-13
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
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)
Staff 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;
ITEM: 3
DATE: 6-18-13
(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);
(l) 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)
(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 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
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 ½
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 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.
ITEM: 3
DATE: 6-18-13
(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.
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.
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.
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 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).
6. SB-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
ITEM: 3
DATE: 6-18-13
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 El 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:
ITEM: 3
DATE: 6-18-13
Site Specific Standards for ECHO
Proposed Management Standard Proposed Regulation for ECHO Site
Minimum Site Area 1 Acre Min.
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 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
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:
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.
ITEM: 3
DATE: 6-18-13
Proposed Text Change:
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:
1. 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 (9-3.501)
Article 23. ES (Emergency Shelter) Overlay Zone
9-3.501 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.
9-3.502 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 zones shall be applicable to the following zoning
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) Maximum number of beds. An emergency shelter shall have a maximum number of
beds for overnight occupants served by the facility. This shall not include
accommodations for management, employees, or volunteers. The following is the
maximum number of beds for approved shelter(s):
(1) Assessor Parcel Number (APN) 030-341-013: 50 beds.
(c) Parking.
(2) One (1) vehicle parking space per five (5) beds shall be provided onsite.
(3) One (1) bicycle space per ten (10) beds shall be provided onsite.
(4) One (1) vehicle space per employee shall be provided onsite.
(5) Parking area shall be shown in a site plan. Parking area shall be paved.
(6) Parking area shall be lit for security purposes with permanent lighting consistent
with Section 9-4.137 of the Atascadero Municipal Code.
(7) Parking areas shall not be used for overnight stays within vehicles.
ITEM: 3
DATE: 6-18-13
(d) Landscaping and fencing.
(1) Perimeter fencing. Perimeter fencing shall be required on a per site basis subject
to review and approval by the Design Review Committee. The following shall be
the perimeter fencing required for approved shelter(s):
i. Assessor Parcel Number (APN) 030-341-013: A solid masonry wall eight
(8) feet in height shall be located on the rear property lines. A solid wall or
fence six (6) feet in height shall be located on the side property lines.
Fencing within the front setback shall 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 shall be consistent with
the California Building Code.
(3) On-site landscaping shall be installed and maintained in compliance with the
Multi-family zoning district requirements in Section 9-4.125.
(4) Outdoor areas (yards) shall 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) On-site management. There shall be at least one on-site supervisor during the hours of
operation.
(c) Operating hours. Hours of operation shall be limited to between 4 p.m. and 9 a.m.
Loitering shall not be permitted on the shelter site or adjacent sidewalks and streets.
(d) On-site services. Provision of staff and facility services shall be 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.
(e) Optional Conditional Use Permit (CUP). The shelter operator may apply for a CUP to
provide additional services or programs, including daytime service programs and
open meal programs.
9-3.505 Operations Agreement
Emergency shelters shall be required to enter into an operations agreement with the City.
(a) Operations Agreement Content. The operation agreement shall include the following:
(1) Rules. A list of rules and regulations for overnight occupants.
(2) Logs. Provide a methodology for logging overnight occupants that includes their
name, date of birth, and any additional information as approved by the City’s
Police Department.
(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:
ITEM: 3
DATE: 6-18-13
i. No loitering signs
ii. No trespassing sign
iii. No camping signs
(6) Establish a neighborhood liaison that is to include the following:
i. Contact information of liaison within the organization
ii. Hold regular neighborhood meetings no less than two (2) times a calendar
year (January through December).
(7) A dispute resolution process for any neighborhood issues that may arise.
(8) Mechanisms for enforcement
(9) Property maintenance and appearance standards
(10) Any additional information deemed necessary by City Staff.
(b) Operations Agreement Submittal. Approval and Review.
(1) An operations agreement shall be submitted for review by the City annually on
February 1st of every year, or within sixty (60) of approval of overlay or zone
change.
(2) Initial operations agreement shall be approved by City Council.
(3) Annual Review. The Operations Agreement shall be reviewed annually by staff.
Operations issues that cannot be resolved by staff shall be forwarded to the
Planning Commission.
Planning Commission Should make a recommendation on Annual Review
and/or approval of the Operations Agreement.
9-9.102 General definitions.
Transitional Housing. A residential facility designed for a maximum of 15 people, whom
function as a single household as defined by the City’s single family residential definition, which
provides medium-term accommodations to homeless individuals and families for up to six
months residence. 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.
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.
7. 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.
ITEM: 3
DATE: 6-18-13
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 as sisting 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.
9-3.262 Downtown district allowable land uses and permit requirements.
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: 3
DATE: 6-18-13
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 City’s
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;
ITEM: 3
DATE: 6-18-13
Simplify the City’s allowed / conditional uses for ease of use.
Staff has provided a list of land use definitions that are curren tly 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
Requirements
Residential Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
― Not Permitted
Use Permitted Uses By Zones Proposed
Revisions
RS RSF LSF RMF
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.
ITEM: 3
DATE: 6-18-13
Allowed Land Uses and Permit
Requirements
Residential Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
― Not Permitted
Use Permitted Uses By Zones Proposed
Revisions
RS RSF LSF RMF
22. Mobilehome dwelling A A A Proposed to be
eliminated and
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
of residents under care is six (6) or
fewer
A A A
Residential care, where the number
of residents under care is six (6) or
more
CUP CUP CUP
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.
ITEM: 3
DATE: 6-18-13
Allowed Land Uses and Permit
Requirements
Residential Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
― Not Permitted
Use Permitted Uses By Zones Proposed
Revisions
RS RSF LSF RMF
Skilled nursing facility, where the
number of residents under care is six
(6) or fewer
A A A
Skilled nursing facility, where the
number of residents under care is six
(6) or more
CUP CUP CUP
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
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
ITEM: 3
DATE: 6-18-13
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 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.
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: 3
DATE: 6-18-13
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 update. 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. Staff is recommending elimination of this use in the residential zone.
ITEM: 3
DATE: 6-18-13
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:
Staff is recommending that 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 a conditionally allowed use, this creates an undo
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.
ITEM: 3
DATE: 6-18-13
Staff Comment:
Staff is recommending 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:
Staff is recommending elimination of this land use so that it can be combined with the
single-family dwelling unit definition. The rationale behind this is because a mobile
home or manufactured home is treated as if it were 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:
Staff is recommending 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 2 nd 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
some limits or ability for self-care, including mental and physical limitations, but where
ITEM: 3
DATE: 6-18-13
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 is recommending 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:
Staff is recommending 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:
Staff is recommending 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: 3
DATE: 6-18-13
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. Staff is recommending 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:
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
ITEM: 3
DATE: 6-18-13
not conducive to residential uses. Staff is recommending 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. Staff is recommending 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:
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
ITEM: 3
DATE: 6-18-13
resident lives on the property and abides by the home occupation regulations. Staff is
recommending 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 is recommending a refinement to this use to exclude “residentia l 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 c lause 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. Staff is recommending 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
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
ITEM: 3
DATE: 6-18-13
format for deletion of text and an underlined/bold for revised text or new definitions. The
final format is shown in Attachment 5 (Resolution 2012-0016).
Table 4 – Proposed Allowed and Conditionally Allowed Uses In Residential Zones
Allowed Land Uses and Permit
Requirements
Residential Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
― Not Permitted
Use Permitted Uses By Zones Special Use
Regulation(s)
RS RSF LSF 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. Forestry CUP
7. Horticultural specialties, where no
permanent retail facilities are
provided
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
11. Surface mining CUP
Recreation, Education, & Public Assembly
12. Churches and related activities CUP CUP CUP CUP 9-6.121
13. Libraries and museums CUP CUP CUP CUP
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
18. Caretaker residence CUP CUP CUP
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. Mobilehome dwelling A A A
23. Primary family housing
24. Organizational Houses CUP CUP CUP CUP 9-3.175
25. Residential Care A
Residential care, where the number
of residents under care is six (6) or
fewer six (6) clients and less
A A A A 9-6.135
Residential care, where the number
of residents under care is six (6) or
more seven (7) clients or more
CUP CUP CUP A 9-6.135
26. Residential accessory uses A A A A 9-6.106
ITEM: 3
DATE: 6-18-13
Allowed Land Uses and Permit
Requirements
Residential Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
― Not Permitted
Use Permitted Uses By Zones Special Use
Regulation(s)
RS RSF LSF RMF
27. Residential Second Units (RSF-Y) CUP
28. Retirement Hotel Residential Care
for the Elderly (RCFE)
CUP 9-3.175
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. Business Support Services CUP CUP CUP CUP
35. Collection 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
38. Personal Services CUP CUP CUP CUP
39. Offices CUP CUP CUP CUP
40. Skilled nursing facility CUP
Skilled nursing facility, where the
number of residents under care is six
(6) or fewer Medical Extended Care
Services, six (6) clients or less
A A A CUP 9-6.134
Skilled nursing facility, where the
number of residents under care is six
(6) or more 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
42. Broadcast Studio CUP CUP CUP 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 CUP
ITEM: 3
DATE: 6-18-13
Allowed Land Uses and Permit
Requirements
Residential Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
― Not Permitted
Use Permitted Uses By Zones Special Use
Regulation(s)
RS RSF LSF RMF
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
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 USE1 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
ITEM: 3
DATE: 6-18-13
Public parks and playgrounds P P
Schools – Public CUP —
Schools - Business and vocational CUP CUP
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 projects Units P5/CUP6 —
Multifamily and single family dwellings P3 P3
Senior citizen housing 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 USE1 DC DO
SERVICES (cont’d)
Bed and breakfast CUP —
ITEM: 3
DATE: 6-18-13
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
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 Olmed a 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.
5 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)
9-3.701 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
ITEM: 3
DATE: 6-18-13
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 principal primary use activity occurring on a of the property, and . 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.”
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.
ITEM: 3
DATE: 6-18-13
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.
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 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 lea sing 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 . 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 vehicle without self-propulsion designed and equipped as a
dwelling unit to be used with 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 ne eds 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:
ITEM: 3
DATE: 6-18-13
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 age ncy 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, social and personal care for
children, the aged, and special categories of persons with some limits or ability for self -care,
including mental and physical limitations, but where medical care is not a major element . Use
includes the following: board and care facilities ; children’s homes; halfway houses;
rehabilitation centers; self -help group homes.
Retirement Hotel. Establishments primarily engaged in providing lodging facilities
limited to the aged where no medical care is provided . Such establishments may provide
housekeeping and meals to the residents.
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 compa tible 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 Facil ities 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 in clude 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 dw elling 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 ha ve 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
ITEM: 3
DATE: 6-18-13
25 of the California Health and Safet y Code, or successor provision; transitional housing
and supportive housing serving six or fewer persons as defined in section 9-9.102 of the
Zoning Ordinance.
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
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 ).
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 perm anent 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”.
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 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. Staff is recommending an overhaul of this portion of the code for
ITEM: 3
DATE: 6-18-13
consistency with the City’s Council’s 2013 Strategic Goal of promoting common sense
regulation and reform. If the City Council ultimately 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.
ALTERNATIVES:
1. The Commission may recommend modifications of the Text Amendments to the
City Council.
2. The Commission 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 Commission should clearly state the type
of information that is required and move to continue the item to a future date.
3. The Commission may recommend the City Council deny the proposed
amendments. The Commission should specify the reasons for denial and
recommend an associated finding with such action.
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 Resolution 2013-0016
ITEM: 3
DATE: 6-18-13
ATTACHMENT 1: Site Location – Emergency Shelter Overlay Site
Proposed Emergency
Shelter Overlay Site (ES)
Atascadero HS
ITEM: 3
DATE: 6-18-13
ATTACHMENT 2: HCD SRO Information
ITEM: 3
DATE: 6-18-13
ATTACHMENT 3: SB -2 Technical Documents
See Following Attachment
ITEM: 3
DATE: 6-18-13
ATTACHMENT 4: Draft Resolution PC 2013-0016
DRAFT RESOLUTION PC 2013-0016
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL AMEND THE ATASCADERO ZONING
ORDINANCE BY APPROVING ZONE TEXT CHANGE
PLN 2011-1417/ZCH 2011-0163
(Citywide/City of Atascadero)
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, 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; 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; introduction of section 9 -6.184, Single Room
Occupancies ordinance, 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,
ITEM: 3
DATE: 6-18-13
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 considered PLN 2011-1417/ZCH 2011-0163; and,
NOW THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for Approval of a Zone Text Change. The Planning
Commission finds as follows:
1. The Planning and Zoning Text Change is consistent with General Plan policies and
all other applicable ordinances and policies of the City.
2. This Amendment of the Zoning Ordinance will provide for the orderly and efficient
use of lands where such development standards are applicable.
3. The Text Change will not, in itself, result in significant environmental impacts.
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on June 18, 2013, resolved to recommend that the
City Council introduce for first reading by title only, an ordinance that would amend the City
Planning and Zoning Code Text with the following:
EXHIBIT A: Categorical Exemption
EXHIBIT B: Zone Text Change – Title 9 Zoning Ordinance
EXHIBIT C: Emergency Shelter (ES) Overlay Zone Site
ITEM: 3
DATE: 6-18-13
On motion by Commissioner ____________, and seconded by Commissioner ______________,
the foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
David Bentz
Planning Commission Chairperson
Attest:
______________________________
Warren M. Frace
Planning Commission Secretar y
T:\- 10 PLNs\PLN 2010-1364 Citywide Zone Change\PLN 2010-1364 SR.PC.ac.docx
ITEM: 3
DATE: 6-18-13
EXHIBIT A: Categorical Exemption
PLN 2011-1417 / ZCH 2011-0163
Housing Element Implementation
ITEM: 3
DATE: 6-18-13
ITEM: 3
DATE: 6-18-13
EXHIBIT B: Zone Text Change – Title 9 Zoning Ordinance
PLN 2011-1417 / ZCH 2011-0163
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 3. RS (Residential Suburban) Zone Residential Zoning Districts
9-3.141 Purpose – RS (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)
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 9-2.108 and 9-2.109:
(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) 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);
(j) Skilled nursing facility, where the number of residents under care is six (6) or fewer
(see Section 9-6.134);
(k) Residential care, where the number of residents under care is six (6) or fewer (see
Section 9-6.135);
(l) Agricultural accessory uses (see Section 9-6.109);
ITEM: 3
DATE: 6-18-13
(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);
(r) Secondary residential units (see Chapter 5). (Ord. 454 § 3, 2004; Ord. 68 § 9-3.142,
1983)
9-3.143 Conditional uses.
The following uses may be allowed in the Residential Suburban Zone. The establishment of
conditional uses shall be as provided by Section 9-2.110:
(a) Surface mining (see Section 9-6.151);
(b) Churches and related activities (see Section 9-6.121);
(c) Schools (see Section 9-6.125);
(d) Mobilehome developments (see Section 9-6.143);
(e) Rural sports and group facilities (see Section 9-6.124);
(f) Crop production and grazing (see Section 9-6.113);
(g) Animal hospitals (see Section 9-6.110);
(h) Skilled nursing facility, where the number of residents under care is greater than six
(6) (see Section 9-6.134);
(i) Residential care, where the number of residents under care is greater than six (6)
(see Section 9 -6.135);
(j) 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;
(k) Livestock specialties (see Section 9-6.115);
(l) Bed and breakfast;
(m) Agricultural processing;
(n) Forestry;
(o) Caretaker residence (see Section 9-6.104);
(p) Mining (see Section 9-6.159);
(q) Organizational houses;
ITEM: 3
DATE: 6-18-13
(r) Petroleum extraction (see Section 9-6.148);
(s) Kennels (see Section 9-6.111);
(t) The following uses were established in a residential structure of historical importance:
(1) Broadcasting studios,
(2) Business support services,
(3) Libraries and museums,
(4) Offices,
(5) Personal services,
(6) School—business and vocational. (Ord. 68 § 9-3.143, 1983)
9-3.144 142 Lot size – RS Zone.
The minimum lot size in the Residential Suburban Zone shall be two and one-half (2½) 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
ITEM: 3
DATE: 6-18-13
SCS Rating* Lot Size Factor
Moderate 0.75
Slow 1.00
Severe 1.50
* 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
ITEM: 3
DATE: 6-18-13
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
(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. RSF (Residential Single Family) Zone 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 Residential Single Family Zone. The establishment of
allowable uses shall be as provided by Sections 9-2.108 and 9-2.109:
(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);
ITEM: 3
DATE: 6-18-13
(i) Skilled nursing facility where the number of residents under care is six (6) or fewer (see
Section 9-6.134);
(j) 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);
(l) Utility transmission facilities;
(m) Roadside stands (see Section 9-6.117);
(n) Temporary events (see Section 9-6.177);
(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 may be 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);
(j) 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);
(l) Residential second units (RSF-Y only) (see Section 9.6106). (Ord. 412 § 3, 2003; Ord. 68 § 9-
3.153, 1983)
ITEM: 3
DATE: 6-18-13
9-3.154 152 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).
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.
ITEM: 3
DATE: 6-18-13
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
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).
ITEM: 3
DATE: 6-18-13
(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)
Article 5. LSF (Limited Single Family Residential) Zone Reserved
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 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 9-2.108 and 9-2.109:
(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 (6) or fewer
(see Section 9-6.134);
(i) Residential care, where the number of residents under care is six (6) or fewer (see Section
9-6.135);
(j) Utility transmission facilities;
(k) Temporary events (see Section 9-6.177);
(l) Secondary Residential Units (see Chapter 5). (Ord. 454 § 3, 2004; Ord. 68 § 9-3.162,
1983)
9-3.163 Conditional uses.
ITEM: 3
DATE: 6-18-13
The following uses may be allowed in the Limited Single Family Residential 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);
(j) The following uses where established in a residential structure of historical
importance:
(1) Broadcasting studios,
(2) Business support services,
(3) Libraries and museums,
(4) Offices,
(5) Personal services,
(6) School—Business and vocational. (Ord. 68 § 9-3.163, 1983)
9-3.164 162 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 (½) acre where sewer is not available and may range
up to two and one-half (2½) 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 (½) acre net area (excluding land needed for street rights-of-way
whether publicly or privately owned).
Y One (1) acre, when sewers are available.
One and one-half (1½) acres, when sewers are not available.
Z One and one-half (1½) to two and one-half (2½) acres based on performance
ITEM: 3
DATE: 6-18-13
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
(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
ITEM: 3
DATE: 6-18-13
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 (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)
Article 6. RMF (Residential Multiple Family) Zone Reserved
9-3.171 Purpose –RMF (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)
ITEM: 3
DATE: 6-18-13
9-3.172 Allowable uses.
The following uses shall be allowed in the Residential Multiple Family Zone. The
establishment of allowable uses shall be as provided by Sections 9-2.108 and 9-2.109:
(a) Single-family dwelling;
(b) Residential accessory uses (see Section 9-6.106);
(c) Accessory storage (see Section 9-6.103);
(d) Home occupations (see Section 9-6.105);
(e) Collection station (see Section 9-6.130);
(f) Multiple family dwellings;
(g) Temporary dwelling (see Section 9-6.176);
(h) Utility transmission facilities;
(i) Residential care (see Section 9-6.135);
(j) Temporary events (see Section 9-6.177). (Ord. 149 § 2, 1987; Ord. 68 § 9-3.172,
1983)
9-3.173 Conditional uses.
The following uses may be allowed in the Residential Multiple 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) Organizational houses;
(e) Pipelines;
(f) Farm animal raising (see Section 9-6.112);
(g) Retirement hotel;
(h) Bed and breakfast;
(i) Skilled nursing facility (see Section 9-6.134);
(j) The following uses where established in a residential structure of historical
importance:
(1) Broadcasting studios,
(2) Business support services,
(3) Libraries and museums,
(4) Offices,
(5) Personal services,
(6) School—business and vocational;
ITEM: 3
DATE: 6-18-13
(k) Parking lots (see Section 9-4.120). (Ord. 330 § 2 (Exh. A), 1997; Ord. 149 § 2, 1987;
Ord. 68 § 9-3.173, 1983
9-3.174 172 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 9-3.175 172. (Ord. 68 § 9-3.174, 1983)
9-3.175 173 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 established in accordance
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 (2). 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:
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
(d) Group Quarters. The maximum population density for group quarters shall be as
follows:
Maximum Population Density
Low density multifamily
residential 22 persons/net acre*
ITEM: 3
DATE: 6-18-13
Maximum Population Density
High density multifamily
residential 36 persons/net acre*
(g) For skilled nursing facilities 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-16 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. RMF-zoned properties outside of the urban services areas
shall develop in accordance with the standards of the RS Residential Suburban District.
(i) 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 9-
3.806. of up to thirty-five percent (35%) may be granted through conditional use permit
approval in exchange for provision of the following in accordance with Government
Code Section 65915:
(10) Ten percent (10%) of the base density units for very low-income households;
(11) Twenty percent (20%) of the base density units for low-income households; or,
(12) Fifty percent (50%) of the base density units for moderate income seniors.
(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)
9-3.176 174 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
ITEM: 3
DATE: 6-18-13
(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.
(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
Use Permitted Uses By Zones Special Use
Regulation(s)
RS RSF LSF RMF
Agricultural Related Uses
ITEM: 3
DATE: 6-18-13
Allowed Land Uses and Permit
Requirements
Residential Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
― Not Permitted
Use Permitted Uses By Zones Special Use
Regulation(s)
RS RSF LSF RMF
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 Occupancy Unit CUP 9-6.184
Secondary Residential Units A A A Chapter 5
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
ITEM: 3
DATE: 6-18-13
Allowed Land Uses and Permit
Requirements
Residential Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
― Not Permitted
Use Permitted Uses By Zones Special Use
Regulation(s)
RS RSF LSF RMF
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
9-3.203 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:
(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 9-6.125)
(gg) Artisan Shops
ITEM: 3
DATE: 6-18-13
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;
(j) Offices;
(k) Small scale manufacturing;
(l) Temporary offices (see Section 9-6.176);
(m) Personal services;
(n) Light repair services;
(o) Accessory storage (see Section 9-6.103);
(p) Eating and drinking places;
ITEM: 3
DATE: 6-18-13
(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 nursing facility Medical Extended Care Services (see Section 9-6.134);
(bb) Bed and breakfast;
(cc) Retirement hotel 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 Shop
(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);
(j) Churches and related activities (see Section 9-6.121);
(k) Food and kindred products (see Section 9-6.128);
(l) 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);
ITEM: 3
DATE: 6-18-13
(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;
(u) Single Room Occupancy unit (see Section 9-6.184)
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 USE1 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
Public amusement and entertainment CUP —
ITEM: 3
DATE: 6-18-13
RESIDENTIAL USES
Home occupations P P 9-6.105
Live/work projects Units P5/CUP6 —
Multifamily and single family dwellings P3 P3
Senior citizen housing 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 USE1 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: 3
DATE: 6-18-13
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 Olmed a 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.
5 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);
ITEM: 3
DATE: 6-18-13
(h) Temporary or seasonal retail sales (see Section 9-6.174);
(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) Day Care (see Section 9-6.125)
Article 23. ES (Emergency Shelter) Overlay Zone
9-3.501 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.
9-3.502 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 zones shall be applicable to the following zoning
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) Maximum number of beds. An emergency shelter shall have a maximum number of
beds for overnight occupants served by the facility. This shall not include
accommodations for management, employees, or volunteers. The following is the
maximum number of beds for approved shelter(s):
(1) Assessor Parcel Number (APN) 030-341-013: 50 beds.
(c) Parking:
(1) One (1) vehicle parking space per five (5) beds shall be provided onsite.
(2) One (1) bicycle space per ten (10) beds shall be provided onsite.
(3) One (1) vehicle space per employee shall be provided onsite.
(4) Parking area shall be shown in a site plan. Parking area shall be paved.
(5) Parking area shall be lit for security purposes with permanent lighting consistent
with Section 9-4.137 of the Atascadero Municipal Code.
(6) Sleeping or occupying vehicles shall not be permitted on the site.
(d) Landscaping and fencing.
(5) Perimeter fencing. Perimeter fencing shall be required on a per site basis subject
to review and approval by the Design Review Committee. The following shall be
the perimeter fencing required for approved shelter(s):
i. Assessor Parcel Number (APN) 030-341-013: A solid masonry wall eight
(8) feet in height shall be located on the rear property lines. A solid wall or
ITEM: 3
DATE: 6-18-13
fence six (6) feet in height shall be located on the side property lines.
Fencing within the front setback shall follow the requirements of Section
9-4.128.
(6) 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 shall be consistent with
the California Building Code.
(7) On-site landscaping shall be installed and maintained in compliance with the
Multi-family zoning district requirements in Section 9-4.125.
(8) Outdoor areas (yards) shall 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) On-site management. There shall be at least one on-site supervisor during the hours of
operation.
(c) Operating hours. Hours of operation shall be limited to between 4 p.m. and 9 a.m.
Loitering shall not be permitted on the shelter site or adjacent sidewalks and streets.
(d) On-site services. Provision of staff and facility services shall be 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.
(e) Optional Conditional Use Permit (CUP). The shelter operator may apply for a CUP to
provide additional services or programs, including daytime service programs and
open meal programs.
9-3.505 Operations Agreement
Emergency shelters shall be required to enter into an operations agreement with the City.
(c) Operations Agreement Content. The operation agreement shall include the following:
(1) Rules. A list of rules and regulations for overnight occupants.
(2) Logs. Provide a methodology for logging overnight occupants that includes their
name, date of birth, and any additional information as approved by the City’s
Police Department.
(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) Establish a neighborhood liaison that is to include the following:
i. Contact information of liaison within the organization
ITEM: 3
DATE: 6-18-13
ii. Hold regular neighborhood meetings no less than two (2) times a calendar
year (January through December).
(7) A dispute resolution process for any neighborhood issues that may arise.
(8) Mechanisms for enforcement
(9) Property maintenance and appearance standards
(10) Any additional information deemed necessary by City Staff.
(d) Operations Agreement Submittal. Approval and Review.
(1) An operations agreement shall be submitted for review by the City annually on
February 1st of every year, or within sixty (60) of approval of overlay or zone
change.
(2) Initial operations agreement shall be approved by City Council.
(3) Annual Review. The operations agreement shall be reviewed annually by staff.
Operations issues that cannot be resolved by staff shall be forwarded to the
Planning Commission.
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 principal primary use activity occurring on a of the property, and . 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.”
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
ITEM: 3
DATE: 6-18-13
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.
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 mobilehome parks and mobilehome subdivisions
in any area or tra ct 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 . Any site that is planned and
ITEM: 3
DATE: 6-18-13
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 vehicle without self-propulsion designed and equipped as a
dwelling unit to be used with 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 design ated
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 independen tly 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, supe rvision, or assistance essential
for sustaining activities of daily living or for the protection of the individual . Establishments
primarily engaged in the provision of residential, social and personal care for children, the
aged, and special categories of persons with some limits or ability for self -care, including
mental and physical limitations, but where medical care is not a major element . Use includes
the following: board and care facilities ; children’s homes; halfway houses; rehabilitation
centers; self-help group homes.
Retirement Hotel. Establishments primarily engaged in providing lodging facilities
limited to the aged where no medical care is provided. Such establishments may provide
housekeeping and meals to the residents.
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 incl ude
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.
ITEM: 3
DATE: 6-18-13
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
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 ser ving six or fewer
persons as defined in section 9 -9.102 of the Zoning Ordinance.
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
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 provisions of this Section apply to the construction of five (5) or more housing units as a
part of any 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.
ITEM: 3
DATE: 6-18-13
(c) 100 percent of the units are designated for seniors 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.
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 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 City’s
Municipal Code section 9-1.109.
9-3.806
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
Development1
Very Low-Income
Units
Percentage of Density
Bonus1
Low-Income Units Percentage of
Density Bonus1
Moderate-Income
Units
Percentage of
Density Bonus1
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%
1 Density bonus is above the highest range of base density.
ITEM: 3
DATE: 6-18-13
9-3.807 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 be in
compliance with Table as shown below:
(q) 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.
9-3.808 Waivers and modifications of development standards.
Number of Developer Incentives
Number of Developer Incentives
Set Aside Units
Very Low-Income
Units
Low-Income Units Moderate-Income Units in Common Interest
Developments1
1 5% 10% 10%
2 10% 20% 20%
3 15% 30% 30%
1 Common interest development includes common interest developments of, or in a planned development as defined in Subdivision (k) of Section
1351 of the Civil Code that are offered to the public for purchase.
ITEM: 3
DATE: 6-18-13
(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(b).
(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.
(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.
9-3.809 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;
ITEM: 3
DATE: 6-18-13
(k) If requesting a density bonus based on land donation in accordance with Government
Code Section 65915(g), information sufficient to permit the City to determine that the
proposed donation conforms with the requirements of Section 65915 and this Code; and
(l) 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.
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 ½
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 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
ITEM: 3
DATE: 6-18-13
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 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)
9-9.102 General definitions.
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(f)). 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 (HUD).
ITEM: 3
DATE: 6-18-13
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”.
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).
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. A residential facility designed for a maximum of 15 people, whom
function as a single household as defined by the City’s single family residential definition, which
provides medium-term accommodations to homeless individuals and families for up to six
months residence. 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.
Chapter 13 Reserved 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
ITEM: 3
DATE: 6-18-13
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:
(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.
(6) This Chapter 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 Requirements).
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 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.
ITEM: 3
DATE: 6-18-13
(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
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 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).
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
ITEM: 3
DATE: 6-18-13
ensure that the Reasonable Accommodation will comply with the findings required 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)(2).
(b) Discontinuance:
(1) A Reasonable Accommodation shall lapse if the exercise of rights granted by it is
discontinued for at least 365 consecutive days.
(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 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 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.
ITEM: 3
DATE: 6-18-13
EXHIBIT C: Emergency Shelter (ES) Overlay Zone Site
PLN 2011-1417 / ZCH 2011-0163
Housing Element Implementation
Proposed Emergency
Shelter Overlay Site (ES)
APN 030-341-013