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Home My WebLink AboutPC_2010-07-20_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, July 20, 2010 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Moreno Vice Chairperson Bentz Commissioner Colamarino Commissioner Jack Commissioner Schmidt Commissioner Sturtevant Commissioner Ward 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 and address 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.) City of Atascadero Planning Commission Agenda Regular Meeting, July 20, 2010 Page 2of4 1. APPROVAL OF MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING ON MAY 25, 2010. 2. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 15, 2010. 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 to provide testimony to the Commission following the applicant. Speakers should state their name and address 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).) 3. PLN 2010-1370, CONDITIONAL USE PERMIT FOR 8005 SAN RAFAEL ROAD Property Patricia S. Bumbaca, 8005 San Rafael Road, Atascadero, CA 93422 Owner/Applicant: Project Title: PLN 2010-1370 / Conditional Use Permit 2010-0250 Project 8005 San Rafael Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 054-241-032 Project The proposed project consists of a Conditional Use Permit to allow the installation of an Description: HVAC system and wet bar with the construction of an addition to an existing residential accessory structure. General Plan Designation: (RE) Rural Estate Zoning District: (RS) Residential Suburban Proposed Exempt per CEQA Section 15303: New construction or conversion of small structures. Environmental Determination: City of Atascadero Planning Commission Agenda Regular Meeting, July 20, 2010 Page 3 of 4 4. PLN 2010-1364, CITYWIDE ZONING ORDINANCE UPDATE Applicant: City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2010-1370 / Zone Change 2010-0159 Project Citywide Location: Atascadero, CA 93422 Project Proposed Building Code and Zoning Ordinance Text Amendments to portions of Title 8 Description: Building Code and Title 9 Planning and Zoning. Proposed text amendments consist of revisions for clarification purposes with existing department policies and introduction of language that is consistent with the Goals and Policies of the City's General Plan. Text amendments including the following: • Establishment of a Design Review Committee (proposed AMC 9-2.107) • Amend Conditional Use Permit process(AMC 9-2.109); amend land use description for "personal services" • Codify new land use description for "personal services -restricted" • Amend land use description for sexually oriented business" (AMC 9-3.701) • Amend land use description of "recycling and scrap" (AMC 9-3.701) • Modify front setbacks in the RMF zoning district (AMC 9-4.106) • Amend Interior setbacks and open areas (AMC 9-4.109) • Amend Chapter 5 -Second Residential Units • Amend residential accessory structures (AMC 9-6.106) • Elimination of "interim" church uses in the CS and CPK zones (AMC 9-6.121) • Amend of "recycling and scrap" uses and amend additional sections for consistency (AMC 9-6.131, AMC 9-6.140, and AMC 9-6.183) • Amend "Individual Mobile homes" (AMC 9-6.142) • Update non conforming lot definitions (AMC 9-7.113 and 9-7.114) • Revision of the Building Code exemptions to fire sprinklers (AMC 8-3.101) • Amendment uses in the Downtown Office zoning district (AMC 9-3262). Proposed Exempt per CEQA Section 15061.(3) Review for Exemption, not a project. Environmental Determination: COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for August 3, 2010, 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, July 20, 2010 Page 4 of 4 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 EI Camino Real, Atascadero. Matters are considered by the Commission 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 EI 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 read 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 video-taped and 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 accessibility 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 Commission 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 Community 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. ITEM NUMBER: 1 DATE: 7-20-10 CITY OF A TA SCA DERO CITY COUNCIL Special Joint Meeting City of Atascadero City Council and Planning Commission Walmart / The Annex Project Eir Scoping Meeting and Project Review of the Del Rio Road Commercial Area Specific Plan Tuesday, May 25, 2010 Special Meeting follows the conclusion of the Community Forum portion of the May 25, 2010 City Council Regular Session DRAFT MINUTES Mayor Fonzi called the meeting to order at 6:30 p.m. and Council Member Kelley led the Pledge of Allegiance. CC/PC Draft Minutes 05/25/10 Page 1 of 7 ROLL CALL: Present: Council Members Clay, Beraud, Kelley, Mayor Pro Tem O'Malley, and Mayor Fonzi Planning Commissioners Colamarino, Jack, Schmidt, Ward, Sturtevant, Vice Chairperson Bentz, and Chairperson Moreno Absent: None Staff Present: Community Development Director Warren Frace, City Engineer/Public Works Director Russ Thompson, City Manager Wade McKinney, and Deputy City Clerk Annette Manier Others Present: Jason Brandman, Michael Brandman and Associates, EIR Consultant Community Development Director Warren Frace explained the format for the meeting and stated that the first section will be conducted by the EIR Consultant. The project review portion will be conducted by City staff. Director Frace introduced Jason Brandman, EIR Consultant from Michael Brandman Associates. Jason Brandman gave a brief introduction of the firm Michael Brandman Associates, a summary of the project, issues that relate to CEQA, discussion about the Notice of Preparation (NOP), and an overview of the EIR. Jason Brandman answered questions from the Council and Commission. B. PUBLIC HEARING: 1. EIR Scoaina Meetina — Del Rio Road Commercial Area Specific Plan (Walmart / The Annex Project) ■ Fiscal Impact: This commercial project is expected to be revenue positive for the City. ■ Recommendation: Council conduct an EIR scoping meeting consistent with the requirements of the California Environmental Quality Act (CEQA). [Community Development] PUBLIC COMMENT: David Broadwater asked the Council to consider directing Brandman & Associates to address an email regarding the Del Rio Road interchange. Will the EIR address the traffic upgrades and what will the funding through impact fees be? He asked that the following items be addressed: workforce, building materials, lighting, heating and air CC/PC Draft Minutes 05/25/10 Page 2 of 7 conditioning, plug -ins in the parking lot for electric cars, solar panels, and analysis of parking spaces being covered. Fred Collins, Tribal Administrator for the Northern Chumash Tribal Council spoke about Senate Bill 18 (SB18) and mentioned that we hope to come to an agreement when we go into the consultation with the City. He stated that under SB18, the Native American community has the ability to be involved in projects from the beginning, adding that we will be consulted with and we will be heard. George Schroff said he anticipates growth in traffic and has concern about widening the overpass. Eric Greening said that SB18 applies directly to any General Plan Amendment. There are two nations to contact and the Salinan Nation also needs to be contacted. He also spoke about the interchange issues with Caltrans, the funding picture, and timing. Mr. Greening said mitigations have impacts. He agrees with Mr. Broadwater's comments in regards to exploring solar and generating power on site. Randy Lawrence, Obispo Road, stated he is concerned about the intersection on Del Rio and Obispo with the increased traffic. He said this may become more of a problem and there may be an accident. He asked how this will be mitigated. He also expressed concern about pedestrian traffic. Steve Ryburn spoke about water and its importance in development and expressed concern that the Walmart Supercenter will require 6 million gallons of water annually to operate. He asked that the EIR address this issue and stated he would like Walmart be a water -neutral project. Don Dubaw, Del Rio Road, expressed concern about the increased traffic. He stated that in some sections of the roadway, the shoulders are less than two feet wide on the north side of the street, while on the south side of the street, there is zero access and no space for foot traffic. He is concerned about children who are students who walk on the road. Ron Rothman, of Del Rio Neighborhood Concerned Citizens, said they would like the following concerns addressed in the EIR: increased traffic, impacts to EI Camino Real/Del Rio overpass, bridge service levels, storm water run-off, noise levels, lighting, air quality, crime, and high density housing. Finally, he said they do not want to see tax breaks and incentives for mitigating these impacts. Jennifer Monte, resident in Colony Homes, expressed concern about the traffic, the project being placed next to adjacent residential and parks, noise, noise -sensitive land uses, and hazardous materials storage. She asked that the EIR address these issues through a full economic analysis. Lee Perkins said she believes an economic study is needed to answer questions and assess long term impacts. Who will pay for the cost of the increased traffic -- Walmart CC/PC Draft Minutes 05/25/10 Page 3 of 7 or the City? She said if Walmart does not pay, our property taxes will. She asked what is the potential economic impact (how much of local business will go to Walmart?) and what will happen to the existing workforce? She asked if the project would expand in the future and how the project would affect our quality of life? Tom Comar, Spokesperson for SaveAtascadero.com (formerly Oppose Walmart) said the first discussion is about ensuring an unbiased appraisal of the multiple impacts this development will have on our community, our City budget, and tax dollars, and on existing grocery stores. He stated that a reasonable alternative that must be studied in the EIR is a similar size Walmart regular department store without the full grocery store. He said the EIR should also address traffic, noise, glare, hazardous dumping, nighttime deliveries, idling big rigs, crime, and funding of emergency services and police. Fred Frank expressed support for most of the concerns that were addressed, specifically the secondary roads. He said many of the concerns regarding the transfer of mitigation costs should be addressed. Jim Wilkins, President of the Historical Society, stated that he attended the Open House and is excited to work with the Rottman Group and Walmart in preserving the Colony homes that are out there, and getting them placed. Michael Latner said he attended the Open House meeting and has questions about the floor plan, cooling system, the parking lot, and materials used. He asked if there was a formal process for submitting a pilot program including water reclamation systems and measuring the impact of long-term urban decay. Gary Kirkland, Portola Road, said the EIR should cover tax revenue, new jobs, and all economic impacts, both positive and negative. Peter Henderson, resident of the Colony Homes north of the project, expressed concern about The Annex and the ability to merge onto EI Camino Real. He said he is also concerned about lights, noise, pollution, and the impacts on their park. Mayor Fonzi closed the Public Comment period. Jason Brandman said the EIR will address all the issues that were addressed by the public. Mayor Pro Tem O'Malley read a letter into the record from Robert and Marlene Shannon (Exhibit A) The Council and Planning Commissioners made comments on the project. Jason Brandman and Warren Frace answered questions. The consultant will be responsible for formulating responses. CC/PC Draft Minutes 05/25/10 Page 4 of 7 C. MANAGEMENT REPORT: 1. Project Review — Del Rio Road Commercial Area Specific Plan (Walmart / The Annext Project) ■ Fiscal Impact: This commercial project is expected to be revenue positive for the City. • Recommendation: Council take public comment on general project issues and provide staff with any additional project comments not covered under the EIR scoping. [Community Development] Community Development Director Warren Frace gave the staff report and explained that after the Open House, the City received over 80 written comments that were delivered to the Council and Commission. Staff expects the draft EIR to be released in Fall 2010. The entire EIR is expected to be completed in Winter 2010 with hearings in early 2011. PUBLIC COMMENT: Mayor Fonzi announced that Fred Collins will be granted five minutes for public speaking since he is a stakeholder in the project, followed by the younger member of the public. Fred Collins, Tribal Administrator with the Northern Chumash Tribal Council, explained that it is their opinion that the Walmart corporate structure is a criminal corporate structure in dealing with the Native Americans. Mr. Collins introduced Vennise Forte, Chairperson of the Coastal Band, and Lou Silva, an Elder and Chief of the Chumash Nation. Mr. Collins read comments from a statement which he submitted for the record (Exhibit B) and stated they do not support this project. Sondra Flores said she is worried about having so many empty buildings in town and hopes that when Walmart and the theatres come to town, we will have more money and business. Mike Anderson said he looks forward to the project, as this City needs income. He said the buildings are emptying out in our City and many businesses are in favor of Walmart. He said he would like to see Atascadero remain a City and not go back to the County. He said Walmart is trying to be a good neighbor and we should support our community and local jobs. Michael Latner submitted a formal recommendation called "Building a Future Together: How Citizens Can promote More Prosperous Development at Del Rio through the ADE Economic Development Strategy" (Exhibit C) Randy Lawrence talked about a box store district and echoed Len Colamarino's comments. He said we have every reason to be concerned this may become a box CC/PC Draft Minutes 05/25/10 Page 5 of 7 store district. He stated that we know stores are going to close when Walmart comes in, and what will happen to the space, such as K -Mart, when they close? Bob Martz said we have heard arguments for four to five years for and against Walmart. He said we had an election in favor of Walmart so please let Walmart proceed. Lee Perkins said she is in agreement with Len Colamarino and Mr. Lawrence regarding big box developments and is concerned about the architectural style of the store. She stated that Walmart has been asked to provide a living wage for their employees and they have not and there is a class action suit against Walmart because of discrimination against women. She added that Walmart has a history of crime in their parking lots. Tino Santos said he listens to KPRL. He said that for four years, we have been hearing people attack Walmart; 70% of the people want a Walmart and he thanked Walmart for not giving up. He said if you don't like Walmart, stay away from Walmart. Young students need jobs here, and Atascadero needs opportunities. He asked that people stop blaming Walmart for everything. He said Walmart provides jobs and goods, and he is fed up with the same people speaking against it -- it's about time we proceed. Jenna Jordan spoke on behalf of her family in Atascadero. She said tax revenue will help critical services, and Walmart has contributed to neighboring cities for years, such as supporting our Hometown Heroes. She said as long as Walmart supports our local servicemen and women, she will continue to support Walmart. Sonya Serra said in the last 10 days she has visited Walmart twice. She said tThey have what she needs and wants at good prices. While working at Twin Cities Hospital, she verified that Walmart employees have great benefits. She believes that local dollars will stay here if a Walmart comes. Tom Comar suggested the City Council ask that the Walmart building not be allowed to expand in the future, that it pay into a traffic input fund, have no overnight deliveries, no idling delivery trucks, no trash compactors after 10 p.m. or before 7 a.m., no overnight trucks, or campers, address the lighting, pay money up front for emergency services, contribute to Police, establish a demolition escrow account, and a large percentage of their employees should be Atascadero residents. Ron Rothman said hewould like to see the best project for Atascadero and asked about the entrance into Walmart and The Annex. He said these items should be addressed to ensure we get the best scenario. George Schroff said the local Office Depot store suffered the impacts of not having Walmart as an anchor store and other stores struggling waiting for an anchor store. He encouraged the project to move forward as quickly as possible. Ernie Porter stated he has been here for 91 years. He said he supports Walmart because it will allow him to shop at a store where he can buy affordable goods. He said Walmart will provide some jobs. CC/PC Draft Minutes 05/25/10 Page 6 of 7 Gary Kirkland spoke in favor of Walmart. His church teaches we should light a candle and not curse the darkness. He said people here should light a candle; If you think you can do better, open your own store. Donald Cross voiced concern about Walmart abandoning the project. The EIR will bring these considerations to light. He said if this goes on, the field will remain empty. Mayor Fonzi closed the Public Comment period. Mayor Fonzi recessed the meeting at 8:25 p.m. for a break. Mayor Fonzi called the meeting back to order at 8:35 p.m. City Council Members, Planning Commissioners, staff, and the applicant discussed the project further and addressed questions and comments brought up during the public comment portion of the meeting. Mayor Pro Tem O'Malley stated he had an email from Jay DeCou in support of the Walmart project and submitted it for the record. (Exhibit D) WRAP UP Mayor Fonzi thanked the public for their participation and continued future participation in the process. ADJOURNMENT: Mayor Fonzi adjourned the meeting at 8:55 p.m. MINUTES PREPARED BY: Annette Manier Deputy City Clerk / Administrative Assistant The following exhibits are available in the Community Development Department: Exhibit A — Email from Marlene Shannon regarding sound wall Exhibit B — Statement from Northern Chumash Tribal Council Exhibit C — "Building a Future Together" from Michael Latner, PhD Exhibit D — Email from Jay DeCou Approved by PC Approved by Council June 22, 2010 CC/PC Draft Minutes 05/25/10 Page 7 of 7 ITEM NUMBER: 2 DATE: 7-20-10 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting — Tuesday, June 15, 2010 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Moreno called the meeting to order at 7:00 p.m. and Commissioner Schmidt led the Pledge of Allegiance. ROLL CALL Present: Chairperson Moreno, Vice Chairperson Bentz, Commissioners Colamarino, Jack, Schmidt, and Sturtevant Absent: Commissioner Ward (excused) Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace, and Associate Planner Callie Taylor APPROVAL OF AGENDA MOTION: By Commissioner Jack and seconded by Commissioner Sturtevant to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT None PC Draft Action Minutes of 6/15/10 Page 1 of 4 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MAY 4. 2010. MOTION: By Vice Chairperson Bentz and seconded by Commissioner Colamarino to approve the Consent Calendar. Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. PLN 2010-1359, CONDITIONAL USE PERMIT FOR 5850 EL CAMINO REAL Property Owner: William I. Manning, 10855 Santa Lucia Road, Atascadero, CA 93422 Applicant: Charles Elliott, 5850 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2010-1359 / CUP 2010-0249 Project 5850 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) Location: APN 030-181-033 Project The proposed project consists of an application for a Conditional Use Permit to allow Description: indoor auto sales within an existing building at 5850 EI Camino Real. The existing business, Mobley's, is proposing to add motorcycle and ATV sales to the existing retail business. Auto (motorcycle & ATV) service and repair is proposed on site with the CUP as an accessory use to the auto sales. General Plan Designation: Downtown (D) Zoning District: Downtown Commercial (DC) Proposed Class 1, Categorical Exemption Section 15301: Existing Facilities Environmental Determination: PC Draft Action Minutes of 6/15/10 Page 2 of 4 Associate Planner Callie Taylor gave the staff report and answered questions from the Commission. DISCLOSURE OF EX PARTE COMMUNICATIONS: Chairperson Moreno — Visited site and spoke with Charles Elliott, applicant. Commissioner Jack — Visited site and spoke with Charles Elliott, applicant. PUBLIC COMMENT The following citizens spoke during Public Comment: Charles Elliott. Chairperson Moreno closed the Public Comment period. Commissioner Colamarino wants to go on record saying he believes that having bikes outside restricted to 2 wheel vehicles would not be a bad thing. MOTION: By Vice Chairperson Bentz and seconded by Commissioner Sturtevant to adopt PC Resolution 2010- 0014 approving PLN 2010-1359, a Conditional Use Permit Map 2010-0249 a request to allow indoor auto sales within the downtown zone subject to findings and conditions of approval, modifying Condition 7 to say "A minimum of 50% of the floor area of the business shall remain as retail sales. A maximum of 50% of the floor area shall be allowed to be used for vehicle sales, display, and service. The service component shall be accessory to the vehicle sales use and shall not occupy more than 20% of the floor area of the business," addition to Condition 8 "The location of the repair facility shall be restricted to the rear of the building," and adding Conditions 13 to read "The site shall operate in compliance with the Atascadero Noise Ordinance. Off road vehicles and motorcycles shall not be operated in a manner which exceeds the allowable decibels permitted by the Noise Ordinance, and addition of Condition 14 to read "Off road vehicles shall not be driven or operated in the public right-of-way, roads, or alleys." Motion passed 5:1 by a roll -call vote. (Colamarino opposed) PC Draft Action Minutes of 6/15/10 Page 3 of 4 COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt asked questions regarding signs, and Community Development Director Warren Frace answered his questions. DIRECTOR'S REPORT • Director Frace stated that the July 6th meeting may be cancelled, • Director Frace gave an update on current projects within the City. • Director Frace gave an overview of the agenda for July 201H ADJOURNMENT - 8:04 p.m. The next regular meeting of the Planning Commission is scheduled for July 6, 2010, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY: Annette Manier, Recording Secretary \\Cityhall\cdvlpmnt\- PC Minutes\PC Minutes 10\PC Draft Actn Minutes 6 15 10.doc PC Draft Action Minutes of 6/15/10 Page 4 of 4 ITEM NUMBER: 3 DATE: 7-20-10 Atascadero Planning Commission Staff Report - Community Development Department PLN 2010-1370 / CUP 2010-0250 8005 San Rafael HVAC in Accessory Structure (Bumbaca) SUBJECT: The proposed project consists of a Conditional Use Permit to allow the installation of an HVAC system and wet bar as part of an addition to an existing residential accessory structure. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2010-0015 approving Conditional Use Permit 2010-0256 (PLN 2010-1370), to allow an HVAC system and wet bar to be installed in an accessory structure, based on findings and subject to Conditions of Approval, including the removal of the shower. SITUATION AND FACTS: 1. Owner / Applicant: Patricia S. Bumbaca 8005 San Rafael Road, Atascadero, CA 93422 2. Project Address: 8005 San Rafael Road, Atascadero, CA 93422 (San Luis Obispo County) APN 054-241-032 3. General Plan Designation: Rural Estate 4. Zoning District: Residential Suburban 5. Site Area: 0.75 acres 6. Existing Use: Single -Family Residence 7. Environmental Status: Exempt per CEQA Section 15303: New Construction or Conversion of Small Structures DISCUSSION: Background 7930 o64-231-022 1 8100 N Surrounding Land Use and Setting: 7965 North: Residential Suburban S' �4'YS7.OS9 South: Residential Suburban 7995 90 . 8005 East: Residential Suburban 7940 oyp,a r West: Residential Suburban r 800 N q 8100 ry 8005 Project Site d 0 8200 a 1 �ry 8105 8205 The project location is zoned Residential Suburban. The project site is 0.75 acres and is currently developed with a single-family residence and a detached 528 square foot residential accessory structure. The residential accessory structure functions as an on-site location for the owner's home occupation. In 2003, and Administrative Use Permit was approved to allow the applicant to retain one non-resident employee for a home occupation. A building permit for a 440 square foot addition to the accessory structure, with a full bathroom, was approved in March 2010. The building permit was deed restricted to ensure the residential accessory structure would not be used as a second residential unit. ANALYSIS: The Atascadero Municipal Code allows three types of detached structures on a residential property: 1.) second unit, 2.) studio, and 3.) accessory structure/garage. The existing detached structure on the subject property is considered an accessory structure/garage. Accessory structures are allowed to be up to 50 percent of the size of the main house, with a bathroom, however they are a U occupancy and may not have a wet bar or any heating or air conditioning. Studios are allowed with be permitted with an HVAC system; however they are limited to a maximum size of 450 square feet and may not have a shower. Accessory Structure Definitions Utility Door NOT reauired Second Unit Conditioned Space HVAC / Habitable (Kitchen & full Bathroom) ** Studio Conditioned Space HVAC / Non -Habitable (no Kitchen & partial Bath) Accessory Structure Non -Conditioned Space no HVAC / Non -Habitable (no Kitchen & partial Bath) 1000 sf or 800 sf max 450 sf max Size = 50% of primary unit Dev impact fees No Dev Impact Fees No Dev Impact Fees School Fees No School Fees No School Fees HVAC HVAC Wood stove only Full bathroom(s) Toilet and Sink only ** Bathroom w/ utility shower Kitchen No Kitchen or Wet Bar No Kitchen or Wet Bar Multiple Rooms Multiple Rooms limited Multiple Rooms limited Residential Occupancy R — Occupancy restricted / no overnight stay) U — Occupancy Title 24 compliant Title 24 compliant No Title 24 1 per lot 2 per lot total w/o CUP approval Fire Sprinklers No Fire Sprinklers Fire Sprinklers (required if 1000 sq ft or greater) Bedroom egress windows No Egress windows No Egress Windows ** Requires Deed Restriction of Use The applicant has proposed to install an HVAC system a wet bar in the existing accessory structure. With the addition currently under construction, the structure will be 968 square feet. Since the size exceeds the limitation for a studio, and an HVAC system is not allowed in a garage, a Conditional Use Permit has been submitted for Planning Commission review of the proposed accessory structure modifications. The HVAC installation is proposed to substitute the two space heaters which the owner currently uses in the structure when being used for the home occupation office. The applicant believes this to be a fire hazard and would prefer an HVAC system to lessen the risk. A wet bar is proposed to give the employee (approved with AUP 2003-0012) an area to prepare and store food outside of the applicant's primary residential unit. The March 2010 building permit for the accessory structure addition included the construction of a full bathroom with shower. Staff is recommending that the shower be removed from the structure if the HVAC and wet bar are permitted. If a wet bar, HVAC system, and full bathroom are permitted to be installed, the 968 square foot detached structure could result in an unpermitted conversion to an illegal second unit. Staff is recommending installation of a bathroom sink and toilet, without the shower. It is within the Planning Commission's discretion to allow or not allow the shower under this Conditional Use Permit. A modified deed restriction is required prior to building permit issuance for installation of the HVAC system and wet bar (Condition 8). This will ensure the owner, and any subsequent owners, is aware that the accessory structure is not permitted as a residential second unit unless it meets all residential requirements and permit requirements for a residential second unit and pays the appropriate development impact fees. Site Photos Approved addition currently under construction (left); Existing residential accessory structure — interior existing residential accessory structure (right) Approved addition currently under construction — interior Findings Conditional Use Permit A Conditional Use Permit is required for granting of the requested HVAC system and wet bar installation. The Planning Commission must make the following findings to approve the project. If the Commission chooses to deny the project, site specific findings for denial must be sited. 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the Rural Estate designation of the General Plan and the Appearance Review Manual. The existing residential accessory structure, and subsequent elements, cannot be seen from the street. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the project satisfies all zoning code provisions related to residential accessory structures and home occupations with Planning Commission approval of the exceptions. 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 proposed project will not be detrimental to the general public or working persons health, safety, or welfare. There is no history of complaints with the existing home occupation use. 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 existing detached residential accessory structure is consistent with the surrounding neighborhood uses and development. The installation of an HVAC system and wet bar will not affect surrounding neighborhood 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 development in accordance with the Land Use Element. Staff Comment projections and installation of an The proposed project and use is consistent with the traffic road improvements anticipated within the General Plan. The HVAC system and wet bar will not increase traffic circulation or parking needs related to the home occupation. Parking demands are met with off- street parking on-site. 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. Proposed Environmental Determination The proposed project qualifies as Exempt per CEQA Section 15303. A Class 3 Categorical Exemption exempts new construction or conversion of small structures, including garages. Conclusion The proposed project consists of a Conditional Use Permit to allow for the construction and installation of an HVAC system and a wet bar in an existing detached residential accessory structure. A CUP is required as the residential accessory structure does not meet the definitions for an accessory structure as defined by City Code. Staff recommends the removal of the shower in the accessory structure if the HVAC system and wet bar are installed. As described in the preceding sections, the project appears to meet all of the requirements for Planning Commission approval. ALTERNATIVES: 1. The Commission may approve the request for a Conditional Use Permit with minor changes to the project conditions. 2. 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. 3. The Commission may deny the request if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. ATTACHMENTS: Attachment 1: Location Map Attachment 2: Categorical Exemption Attachment 3: Accessory Structure Handout Attachment 4: Draft Resolution PC 2010-0015 ATTACHMENT 1: Location Map �h•lf- ^ �1-026- `t54-8010 O �"y 151-054 7955 01 �oiio 7959 U54-231-018 7963 ',`' \ 05 01E 7965 \ 9945G1 7930 \ 7975 8165 ti •054-231-622 7985 8175 0544.-61-(0 �q rsr-as3 N 7995 ^ 90 8005 05�+z31 7940 oya� 9975 • A >yC 054.231.009 800p 8100n a 8275 o p 8255 fl 8005 c f64 1-007 9985 3r"24 820 4E x� Project Site: 8005 San Rafael Road a 8100 8105 9995 ' 8205 K Z3y-Cps �� • 054-241-022 82 150 O5"VAIC g hoc X217 W 054.241 -roe General Plan: Rural Estate Zoning District: Residential Suburban ATTACHMENT 2: Categorical Exemption CITY OF ATASCADERO NOTICE OF EXEMPTION 6907 El Camino Real Atascadero, CA 93422 805.461.5000 Date Received for Filing TO: ® File FROM: Alfredo R. Castillo, AICP Assistant Planner City of Atascadero 6907 El Camino Real Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Project Title: Conditional Use Permit 2010-0250 Project Location: 8005 San Rafael Road, Atascadero, CA 93422, San Luis Obispo County Project Description: The project consists of an expansion of an existing residential accessory structure with an HVAC system. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Patricia S. Bumbaca (applicant) Exempt Status: ❑ Ministerial (Sec. 15073) ❑ Emergency Project (Sec. 1507 (b) and (c)) ❑ Declared Emergency (Sec. 15061 (a)) ❑ General Rule Exemption (Sec. 15061.c) ® Categorically Exempt (Sec. 15301) Reasons why project is exempt: Class 3 of the California Environmental Quality Act (CEQA) (Section 15303, New Construction or Conversion of Small Structures) exempts the accessory structures including garages, carports, patios, swimming pools, fences and other similar structures. Contact Person: Alfredo R. Castillo, AICP (805) 461-5000 ext. 3436 Date: July 20, 2010 Alfredo R. Castillo, AICP Assistant Planner ATTACHMENT 3: Accessory Structure Handout Section 9-6.106 of the zoning ordinances provides for the establishment of accessory buildings in residential districts. The purpose of this informational handout is to clarify the requirements of workshops and studios for consistency with General Plan policies prohibiting second units and guesthouses as residential accessory uses. Additions to primary structures are allowed and are not subject to the secondary dwelling unit requirements. Additions must have a continuous logical internal connection of conditioned space that provides for access to all portions of the primary structure and addition. The addition shall not have a secondary kitchen. Additions of non -habitable space are not required to maintain a logical interior connection; however, the addition must have a minimum 10 -foot of shared common wall. A breezeway or similar roof connection, regardless of length, shall not be considered to be attached. Accessory Structure Definitions Utility Door / NOT reauired 1 Second Unit Conditioned Space HVAC / Habitable (Kitchen & full Bathroom) ** Studio Conditioned Space HVAC / Non -Habitable (no Kitchen & partial Bath) Accessory Structure Non -Conditioned Space no HVAC / Non -Habitable (no Kitchen & partial Bath) 1000 sf or 800 sf max 450 sf max Size = 50% of primary unit Dev impact fees No Dev Impact Fees No Dev Impact Fees School Fees No School Fees No School Fees HVAC HVAC Wood stove only Full bathroom(s) Toilet and Sink only ** Bathroom w/ utility shower Kitchen No Kitchen or Wet Bar No Kitchen or Wet Bar Multiple Rooms Multiple Rooms limited Multiple Rooms limited Residential Occupancy R — Occupancy restricted / no overnight stay) U — Occupancy Title 24 compliant Title 24 compliant No Title 24 1 per lot 2 per lot total w/o CUP approval Fire Sprinklers No Fire Sprinklers Fire Sprinklers required if 1000 sq ft orgreater) Bedroom egress windows No Egress windows No Egress Windows ** Requires Deed Restriction of Use ATTACHMENT 4: Draft Resolution PC 2010-0015 DRAFT RESOLUTION PC 2010-0015 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2010-1370 / CONDITIONAL USE PERMIT 2010-0250 ON APN 054-241-032 8005 San Rafael (Bumbaca) WHEREAS, an application has been received from Patricia S. Bumbaca, 8005 San Rafael Road, Atascadero, CA 93422, (Applicant and Property Owner) to consider a project consisting of a Conditional Use Permit for installation of an HVAC system and wet bar in an existing residential accessory structure (BLD 2010-08868); and, WHEREAS, the site's General Plan Designation is RE (Rural Estate); and, WHEREAS, the site's current zoning district is RS (Residential Suburban); and, WHEREAS, a Conditional Use Permit is required to allow the installation of an HVAC system and wet bar into a residential accessory structure; and, WHEREAS, the proposed project qualifies for an Categorical exemption consistent with CEQA section 15303 New Construction or Conversion of Small Structures; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit 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 entitlements; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on July 20, 2010, studied and considered Conditional Use Permit 2010- 0250; and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been found Categorically Exempt under Class 3, Section 15303 of the California Environmental Quality Act. SECTION 2. Findings for approval of conditioned residential accessory structure and wet bar. 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. 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; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 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 development in accordance with the Land Use Element. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 20, 2010, resolved to approve Conditional Use Permit 2010-0250 to, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Floor Plan EXHIBIT D: Elevations 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: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Heather Moreno Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval I Mitigation Monitoring Program Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation PLN 2010-1370 /CUP 2010-0250 /Monitoring Measure 8005 SAN RAFAEL BL: Business License PS: Planning Services BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA: City Attorney Planning Department Standard Conditions 1. This Conditional Use Permit shall be for the installation of an Ongoing PS HVAC system and wet bar into an existing residential accessory structure described on the attached exhibits and located at 8005 San Rafael regardless of owner. 2. The approval of this use permit shall become final and effective Ongoing PS for the purposes of issuing building permits 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. 3. The Community Development Department shall have the BP PS, CE authority to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twenty- BP PS 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. 5. The applicant shall defend, indemnify, and hold harmless the Ongoing 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 subdivision. 6. Permit shall be required for installation of HVAC system and bar BP BS sink. 7. Title 24 analysis shall be conducted for HVAC prior to issuance BP BS of building permit. 8. A modification of previously recorded deed restriction shall be BP PS filed and recorded with the County prior to issuance of building permit. 9. The applicant shall remove the shower prior to issuance of final BP PS permit. Removal of shower shall be shown on building permit addendum . EXHIBIT B: Site Plan r mak- p�yi8}6 LF�G1i LRiE* � � I N'N 064•241 -O -M eap5 lakN tm AN n.N ktfytprt>oH �� 4MN4 2,87 aI�G 52c Mewfc fsGt�i!�F ai: -r,7 N H06 19 - AMA GGa iv Er4 hlor}E w hf1.?lYE �� FK'tl� F{E?at' Yi�K,VfJ.h. .h-'� q' 1N:iCK GCFtyfk11G1 ?dfP2`fd�{tic�l Ta'tauSfWE+ 528hFal�r� y0i Ot n ah'Ct IZ144 Por C7"l E 1 tvxzA+a6 rvv 04m% HOPI-;- pu"ifl v �IjL5 (- rRz:T Air, EXHIBIT C. Floor Plan ---- OMIT i FI4� �.• i4�tg �10K.dGC 4 Nt44 j N6Y: Wltin!/�r'° Alum ! vmK 5� c;� .�•i 5141JT4 N:;H N I Mf* W'WV —i IF lerx?'e ' �A �st�Kl'4is 3/{'x24° g7f(i4,b e � {'I,L k4V�'• 0 -p � � � +E°Gail • hU.l�> 2� P°�I HW W/ i of x I r 0 CIUC e y'oc. hN4X EF. h4E.Y G'lEKff°zI.�FN 6idiG W/ 10 MC D•!K.[ Fig!,rgw 6AM"45 ',SIL FOUHr,KTWH na �24dy Shower to be removed Wet bar sink EXHIBIT D: Elevations r 12 AIrr✓ Rt -w r.zIrc �q Nwr Mw) $�w . (1'; wnHA) s N-il� , GUECXi x,'1w. K� h�IyTk VrftFt�! 6IL-AM4 ,TYr HAlwL rlvNr wt? Ther, Ms�cH eau y(k -14F�.1. h{£p Y�Ht9 *m bomr (Hog GGh�-O --- ITEM: 4 DATE: 7/20/10 Atascadero Planning Commission Staff Report - Community Development Department Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org Title 8 Building Code Text Amendments Title 9 Planning and Zoning Text Amendments PLN 2010-1364 / ZCH 2010-0159 (City of Atascadero) SUBJECT: This action consists of proposed Building Code and Zoning Ordinance Text Amendments to portions of Title 8 Building Code and Title 9 Planning and Zoning. The proposed text amendments consist of both revisions for clarification purposes with existing department policies and introduction of language that is consistent with the City's General Plan. The following is a summary of the proposed text amendments: 1. Amend Conditional Use Permit section to redefine when it is necessary for non- residential development (AMC 9-2.109). 2. Establishment and codification of a Design Review Committee (proposed AMC 9- 2.107). 3. Amend land use description for "personal services", codify new land use descriptions for "personal services -restricted" and update land use description for sexually oriented business" for consistency purposes (AMC 9-3.701). 4. Amend the "recycling and scrap" land use description (AMC 9-3.701). 5. Amend front setbacks in the RMF zoning district (AMC 9-4.106). 6. Amend Interior setbacks and open areas for clarification purposes (AMC 9-4.109). 7. Amend Chapter 5 -Second Residential Units to increase the maximum size of second unit living areas to 1200 square feet and for consistency with department policies including codification of "wet bar" definitions, clarification of additions, , and a definition of "unconditioned spaces". 8. Amend residential accessory structures to define exempt structures consistent with the California Building Code (AMC 9-6.106). ITEM: 4 DATE: 7/20/10 9. Elimination of "interim" church uses in the CS and CPK zones (AMC 9-6.121). 10. Amend "recycling and scrap" uses and modification of additional sections for consistency with proposed definition (AMC 9-6.131, AMC 9-6.140, and AMC 9- 6.183). 11.Amend the "Individual Mobilehomes" section to include current terminology of "manufactured homes" (AMC 9-6.142). 12. Amend non conforming lot definitions for clarification purposes (AMC 9-7.113 and 9-7.114). 13. Revision to the Local Building Code Title 8 modifying the requirement for automatic sprinklers in commercial additions to additions exceeding 1000 square feet. (AMC 8-3.101). 14. Revision to the Downtown Office (DO) zoning district to allow for "libraries, museums and galleries" as a permitted use. RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution PC 2010-0016, recommending that the City Council introduce an ordinance for first reading, by title only, to approve PLN 2010-1364 (Zone Text Change ZCH 2010-0159) based on findings. REPORT -IN -BRIEF: The following summarizes the 14 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. DATE: Exhibit A - Report In Brief Item Existing Code Section Issues Proposed Amendments �. 9-2.109 Conditional use permit. There is a concern that requiring a CUP for retail 9-2.109 Conditional use permit. (iii) Nonresidential developments buildings of 10,000 square feet or greater Require a CUP for non-residential development containing 50,000 containing ten thousand (10,000) square feet discourages economic development by increasing square feet or more of building footprint area. or more of building or outdoor storage area, the time and cost of permitting a commercial project. even if such a development is listed as an Require a CUP for outdoor commercial and industrial sales and allowable use in a particular zoning district. One of the primary reasons that the City requires a storage uses of 10,000 square feet or more. CUP is to allow the Planning Commission to review and approve the architectural design and site layout of a project. 2. New Section creating a Design Review The current staff level appearance review process Introduction of the following code section: Committee to be added to the Code does not work well and creates too much controversy between staff and applicants. 9-2.107 Design Review Committee (DRC) A formal Design Review Committee would give the Purpose is to ensure that the physical design of new development Council greater control over the City's architectural maintains the rural character of Atascadero; enhance appearance review standards and provide a more uniform and character; and development is compatible with its surrounding. process for staff and applicants to follow. Projects to be reviewed include the following: • All Multi -family Residential • All non-residential projects • All Public Facility projects and buildings. • Development in an open space zoning district. • Any residential single family residential development requesting a planned development permit. • Development projects requiring a precise plan, conditional use permit, zone change or general plan DATE: Item Existing Code Section Issues Proposed Amendments amendment. Committee would consist of • 2 Planning Commissioners. • 2 City Council members. • 1 at large member from the City with design experience. A standard weekly meeting date would be established but the DRC would meet only as needed. Staff will facilitate the meeting and the applicant will be invited to attend. DRC decisions would be appealable to the Planning Commission. DATE: Item Existing Code Section Issues Proposed Amendments 3. 9-3.701 Personal Services Use Definition 9-3.701 Personal Services Use Definition The definition of personal services is very broad and Non-medical services that include the following: Establishments primarily engaged in has been interpreted to include tattooing, body 0 beauty shops (includes permanent makeup when less providing services generally involving the piercing, fortune telling, checking cashing, and than 10% of overall sales). care of the person which are not medically escort services. barber shops related, including: beauty and barber shops; • day spas and massage therapy where each massage shoe repair shops; saunas and hot tubs; dry Recently a number of tattoo parlors have opened in therapist is licensed by the State cleaning pickup stores and small scale dry the Downtown as permitted personal services. The • shoe repair shops cleaners without pickup and delivery public has raised this as a concern and has • dry cleaning pickup stores services; clothing rental; dating and escort requested the City to consider restricting some of . clothing rental; tailors services; and related activities. these uses. • tanning salons Modification of 9-3.701 Sexually Residents and Council members have expressed • pet grooming services. Oriented Business Definition concern that these types of personal services may 9-3.701 Personal Services Restricted Use Definition create a blighting condition when concentrated in Establishments that may have a blighting and/or deteriorating effect neighborhoods. upon the surrounding area which may need to be dispersed including: • check cashing and/or pay day/same day loans • fortune tellers, psychics • palm, tarot and card readers; • tattoo and body piercing services; • pawn shops • hot tubs and saunas that are not an accessory to a permitted primary use. 9-3.701 Sexually Oriented Business Definition Create consistency with the new Personal Services -restricted definition and Personal Services definition. 4. 9-3.701 Recycling and Scrap Definition 9-3.701 Storage, Recycling and Dismantling of Vehicles and Establishments primarily engaged in This land use definition has become antiquated and Material assembling, breaking up, sorting, temporary no longer reflects current uses. storage and distribution of recyclable or Establishments primarily engaged in the storage, assembling, reusable scrap and waste materials, These newer uses may present a conflict with dismantling, sorting, and distribution of materials, equipment and including auto wreckers engaged in existing neighborhoods. Staff is proposing to vehicles. This use maybe located either outdoors or indoors. dismantling automobiles for scrap. Does not redefine this definition to include impound lots, and Includes but is not limited to, auto wrecking yards, vehicle storage other outdoor uses that may be detrimental when areas, vehicle impounds lots, recyclable / waste material storage DATE: Item Existing Code Section Issues Proposed Amendments include waste disposal sites, which are located adjacent to residential neighborhood and to and transfer facilities. This does, not include waste disposal sites, separately defined. Does not include keep these uses together to utilize special use which are separately defined or temporary storage of toxic or temporary storage of toxic or radioactive regulations radioactive waste materials. waste materials. 5. 9-4.106 Front setbacks. 9-4.106 Front setbacks. (a) A, RS, RSF, LSF and RMF Zones The 25 foot front yard setback in the multi -family Modify the front setbacks in the RMF zone from 25 to 15 feet and Residential Uses in Commercial and residential district is inconsistent with the City's consistent with many of the approved PDs. Industrial Zones. All residential uses except objective to maximize density and many of the infill for second story dwellings over commercial planned development standards. If the development proposes a garage, the minimum front setback and industrial uses shall have a minimum shall be 20 feet. front setback of twenty-five (25) feet, except as follows: 6. 9-4.109 Interior setbacks and open areas. Section b is confusing and difficult to implement for 9-4.109 Interior setbacks and open areas. b Residential Buildings. A principal O g� P� p staff. An accessory building is to be located no closer than six 6 feet Y 9� O residential building (including a multifamily This section is inconsistent with standards set forth from any principal building or as required by the building code. dwelling) is not to be located closer to another principal building than ten (10) feet, in the adopted 2007 California Building Code. A principal residential building (including a multifamily dwelling) is or one-half the height of the taller of the two not to be located closer than ten (10) feet to another principal buildings, whichever is greater. building (residential or non-residential). Add exemptions consistent with the 2007 California Building Code. 7 Chapter 5- Residential Second Units 9-5.020 Definitions. 9-5.020 Definitions. The definitions section of the second unit ordinance Redefine studios as art/office studios. Include language prohibiting provides important distinctions between 2nd units overnight stays. Deed restrictions shall be required for any (f) Studios. Studios are defined as and residential accessory structures. proposed studio with a water closet limiting the use of the studio. any type of residential occupancy Modify the "Workshops and Garages definition to include deed construction (R) with no kitchens, no cooking Since these definitions were adopted in 2004, staff restrictions for plumbing and include provisions for wood burning facilities and/or no bathing facilities (one (1) has discovered some clarifications that would appliances that are approved by the state. water closet is permitted). Studios shall be improve the implementation of this code section. Add additional language to the Residential Additions definition that limited to four hundred fifty (450) square feet. state "doors may not be used to create two separate living spaces" Studios greater than four hundred fifty (450) The proposed amendments would codify existing and further define that "additions must have a minimum 10 -foot of square feet shall be considered second units. Department Policies into this section. shared common wall. A breezeway or similar roof connection of unenclosed or unconditioned space, regardless of length, shall not be DATE: Item Existing Code Section Issues Proposed Amendments (g) Workshops and Garages. considered to be a residential addition." Workshops and garages are defined as utility Staff has received numerous reports about the size Codify the definition of a wet bar and its uses including: occupancy constructions (U) with no restrictions on 2nd units that includes the modular kitchens, no cooking facilities and/or no housing industry as well as properties owners have • A wet bar does not include a stove, built in microwave, residential occupancy requirements (i.e. Title requested that the City increase the maximum size dishwasher, or garbage disposal. 24). A utility bathroom with shower may be restriction for 2nd units. installed with a deed restriction that limits the . A gas line shall not be installed in proximity to a wet bar. buildings use to nonresidential purposes. Under the State definition the maximum size of a 2nd . A wet bar sink shall have a single trap drain size limited to (h) Residential Additions. Residential unit is 1200 square feet of living space, regardless of 1 '/z -inches maximum. additions (additions) are defined as an lot size. increase of habitable floor area to a primary . A wet bar shall include a counter with a maximum eight residential unit. Additions shall have a foot (8') length and not to exceed 24 square feet of total continuous, logical internal connection counter space. without doors of conditioned space that provides for access to all portions of the Add provision for deviation of standards may be approved by the primary unit and addition. The addition shall Planning Commission through the issuance of a Conditional Use not have a secondary kitchen. Permit. 9-5.060 Development standards. Increase the total floor area for a second unit to 1,200 sf for all (a) Floor Area. The total floor area of a units. second unit shall not exceed eight hundred (800) square feet on lots with a net area of Clairify the parking provision that one covered parking spot is 0.5 acres or less. The total floor area of a required for the first bedroom and an additional uncovered or second unit shall not exceed one thousand covered parking spot is required for any additional bedrooms. (1,000) square feet on lots with a net area greater than 0.5 acres. All development on a Add additional language in development standards regarding lot, including second units, must conform to "Unconditioned Spaces." These "structures such as garages and the development standards of the underlying workshops attached to second units shall be accessory to the zoning district, including, but not limited to, second residential unit and shall be limited to an additional 500 setbacks, building separations, maximum lot square feet. Any additional unconditioned space in excess of 500 coverage, grading limitations, and native tree square feet, or any garage area not provided with direct interior preservation. access to the second unit, shall no longer be considered accessory to the second residential unit. " (e) Off-street Parking. Off-street parking for the second unit shall be provided as follows and in addition to any required DATE: Item Existing Code Section Issues Proposed Amendments parking for the primary unit: (1) One covered, off-street parking space, shall be provided for each one (1) bedroom second dwelling unit; two (2) off- street parking spaces, covered or uncovered, shall be provided for each second unit with two (2) or more bedrooms; 8. 9-6.106 Residential accessory uses. Staff is proposing clarification and consistency of 9-6.106 Residential accessory uses. "ubc" "the The standards of this section apply to the residential accessory structures that require a Replaced language that states to adopted building code" specific types of residential accessory structures listed. Agricultural accessory building permit. Added an exception to cover structures that are less than 120 sf structures for the keeping of animals are Codification of this exemption will assist staff and and meet the following requirements, consistent with the 2007 subject to Section 9-6.112. residents with clarity on what types of structures are California Building Code: exempt from a building permit and bring the AMC (d) Exceptions to Accessory Structure consistent with the California Building Code. • The structure does not create a nuisance; Standards. (1) Detached accessory structures that It is permitted under its zoning; exceed size requirements are subject to the approval of a minor conditional use permit. It meets the property's rear and side yard minimum setback requirement of three (3) feet if the structure less (2) Any detached accessory structure than twelve (12) feet in height; in excess of the two (2) structures permitted is subject to the approval of a minor If the structure is more than twelve (12) feet in height, conditional use permit. (Ord. 454 § 3 (part), standard setback shall be required regardless of 2004: Ord. 449 § 1, 2004; Ord. 412 § 3, exemption 2003: Ord. 68 § 9-6.106, 1983) The accessory structure is located outside of the required front yard setback; • A minimum six (6) feet of separation is required between accessory structures regardless of exemption, unless otherwise noted by the adopted building code. If the accessory structures have less than a six (6) foot DATE: Item Existing Code Section Issues Proposed Amendments setback, the aggregate area of the buildings shall be considered one (1) building and shall require a building permit. Added provision requiring a minor conditional use permit if the structure deviates from any of the requirements in this section. Added additional language regarding multiple structures less than a 120 sf that are constructed on the premise that are no longer accessory uses to the primary unit will be determined by the Community Development Director and would require a minor conditional use permit. 9. 9-6.121 Churches and related activities. The code contains a section allowing churches as 9-6.121 Churches and related activities. an interim use in the CS and CPK zones. (c) Interim uses in the CS and CPK Elimination of all interim church uses in the CS and CPK zones. Zones. A church may be allowed as an Staff has been advised by a previous City Attorney interim use in the CS or CPK Zone, subject that the interim use limitations are not legal and to the following standards: unenforceable. (1) Related activities shall be limited to a Sunday school and small meeting rooms; (2) Days and hours of operation shall be limited to Sundays and week nights after normal business hours; (3) The initial entitlement to operate shall be limited to a period not to exceed three (3) years. Thereafter, the Planning Commission may grant a one (1) time extension not to exceed two (2) years. DATE: Item Existing Code Section Issues Proposed Amendments 10. 9-6.131 Recycling and Scrap With the proposed new definition, staff is proposing Renaming section 9-6.131 to match new land use description (d) Site Design and Operation. modification these sections for consistency (refer to item 4). Section now will be known as: Recycling facilities and wrecking yards are purposes. subject to all provisions of Section 9-6.140. 9-6.131Storage, Recycling, and Dismantling of Vehicles and (Ord. 68 § 9-6.131, 1983) These special use requirements enable staff to Materials. 9-6.183 Vehicle Storage better regulate these uses. With the new definition This section applies to commercial parking and combining of uses Modify section (d) to include all outdoor and indoor recycling lots, garage and other establishments engaged in the storage of vehicles for a fee The need for AMC 9 -6.183 -Vehicle Storage would facilities, and impound lots subject to section regulations as well as 1 or without fee as a principal use, whether be obsolete, thus staff is recommending this section Section 9-6.140. owned and operated publicly or privately. be eliminated. Modified section 9-6.140 to make the section consistent with The storage of vehicles for sale is subject to Section 9-6.139. The storage of vehicles in section 9-6.131. commercial and industrial zones is subject to Section 9-6.140. Eliminated section 9-6.183 Vehicle Storage, as it is no longer (a) Limitation on Use. Vehicle storage necessary and is a duplicate of the proposed amended section 9 - establishments in the commercial zones are 6.131. to be limited to the temporary parking of automobiles, buses and self-propelled recreational vehicles. (Ord. 68 § 9-6.183, 1983) 11. 9-6.142 Individual Mobile Homes Rename the section to 9-6.142 Manufactured homes. (3) Roof overhangs, roofing material The terminology of "individual mobile home" is no and exterior siding which shall extend to the longer used. Industry now utilizes the term ground shall be compatible with other "manufactured home". Remove references to mobile homes and replace them with the dwellings existing within the surrounding term "manufactured home" area. At the time of permit application, the The existing code does not allow manufactured Planning Director shall review the housing units that are less than 20 feet in width. Eliminate language in regards to appearance. Enable appearance architectural features and treatment of the review by the Community Development Director. proposed mobilehome with similar features New, attractive manufactured housing units of 15 on existing dwelling within the area and shall feet in width are available and ideally suited as 2nd Amend minimum width from 20 to 15 feet. make the mobilehome compatible. The units. decision of the Planning Director may be DATE: Item Existing Code Section Issues Proposed Amendments appealed to the Planning Commission and the decision of the Planning Commission may be appealed to the City Council, as set forth in Section 9-1.111. (4) Mobilehomes shall have a minimum width of twenty (20) feet. 12. 9-7.113 Nonconforming lot defined. Staff has received numerous calls in regards to uses Modify 9-7.113 Nonconforming lot defined to clarify that a lot is Any lot having an area less than the smallest on legal, non -conforming lots. An update would "legal". minimum parcel size required by this title or assist in clarification of a legal, nonconforming lot. other ordinances, is a nonconforming lot if: Modify section 9-7.114 Use of Nonconforming lots to clarify uses 9-7.114 Use of nonconforming lots. Typically lenders, as well as residents, are confused "rebuilt" are allowed per the zoning code and must meet development with whether existing structures may be or standards. A nonconforming lot may be used for any additions may be permitted on legal, non -conforming use identified as an allowable or conditional lots. Staff proposes these text amendments to use by Chapter 9-3 provided the minimum clarifying the type of structures that are permitted on site area requirements established in non -conforming lots. Chapters 9-3 and 9-6 for particular uses are satisfied. (Ord. 68 § 9-7.114, 1983) 13. 903.2 Where required. An approved Staff has received feedback that the fire sprinkler 2. Throughout an existing building whenever automatic fire sprinkler system shall be requirements for smaller commercial additions is too additions exceed 1,000 square feet (92.9 m2), or a second installed: expensive to comply with and is discouraging story or greater is added, or the occupancy is changed to a business expansion and economic development. more hazardous use. 1. Throughout all new buildings. By modifying these standards to thresholds Exceptions: acceptable to the Fire Department, the City will 2. Throughout an existing continue to meet and achieve its economic building whenever additions development goals. exceed ten (10) percent of the total floor area of the existing building and the total combined floor area will exceed 2,000 square feet (185.8 m2), or a DATE: Item Existing Code Section Issues Proposed Amendments second story or greater is added, or the occupancy is changed to a more hazardous use. 14. 9-3.262 Downtown district allowable land Staff is proposing consistency with the Downtown 9-3.262 Downtown district allowable land uses and permit uses and permit requirements. Commercial (DC) by making "libraries, museums, requirements. DO -Libraries, museums, galleries- not and galleries" an allowed use. These uses are Amend table to allow libraries, museums, and galleries as permitted permitted consistent with existing uses. uses in the Downtown Office SITUATION AND FACTS: 1. Applicant: 2. General Plan Designation 3. Zoning District: 4. Environmental Status DISCUSSION: ITEM: 4 DATE: 7/20/10 City of Atascadero Citywide Citywide Exempt from CEQA (Section 15061.(3) Review for Exemption; not a project) Background: Based on direction from the City Council, Staff has propose a number of revisions to the City's zoning ordinance. The proposed zoning ordinance revisions are grouped into the following components: • Establish a design review process consistent with the General Plan • Amend the Conditional Use Permit (CUP) requirements for non-residential development • Introduction of a "personal services -restricted" land use definition and location of such services in the city. • Revisions and clarifications to the zoning ordinance and building code for consistency with adopted City Council and Community Development Department Staff policies, as well as implementing the goals and policies of the General Plan. Analysis: 1. Establishment of a Design Review Committee (DRC) Staff has gathered information regarding the design review process for projects from surrounding communities in the County, as well as the City's own process. Each city varies in their process for approval of development projects. City's Existing Process An applicant submits an application and pays fees in order for the City to process an application. The application is routed to the appropriate departments for review. During the application review process, staff performs an "appearance review" consistent with the General Plan. This appearance review is required for any multi -family, commercial, industrial, or planned residential development application. In most cases, the appearance review is completed by staff. Neither the Council nor Planning Commission has a chance to review the architectural details and styling unless the project goes ITEM: 4 DATE: 7/20/10 before either governing body as a CUP or Planned Development. Staff works with applicants on project design based on the City's "Appearance Review Manual" and the General Plan. This internal review process puts significant pressure on low level staff to make significant project design decisions that may have significant financial and political implications. Increasing the minimum size for the automatic CUP requirement will exacerbate this issue further. Staff strongly believes that a formal design review committee is the proper way for important community appearance decision to be made and would be similar to surrounding communities processes. Paso Robles An applicant submits a formal application and fees to the department and it is reviewed for completeness and environmental determination. The application then reaches what is known as the Development Review Committee (DRC). The DRC has consists of three (3) planning commission members. The focus of the DRC is to determine conformance of proposed projects with the City's: General Plan, Economic Development Strategy, Zoning Ordinance, Design Guidelines, and other applicable City policies, resolutions, and standards. San Luis Obispo San Luis Obispo requires a separate application for architectural review. This review is completed by an architectural review commission and typically runs concurrently with the development review application for discretionary projects. The architectural review commission reviews and approves projects to which a building permit is or will be issued. Exempt projects include individually built houses, with a few exceptions, as determined by the Community Development Director. Small projects, such as minor sign exceptions, building additions or remodels, or a new or small structure that is minor, or incidental, to a larger, previously approved project, very minor changes or additions to an existing building or other site feature that are determined to be aesthetically insignificant projects and Signs that meet the minimum standards of the sign ordinance that are not be part of a larger project that does require architectural review commission approval. Proposed Design Review Committee Staff is proposing the establishment of a Design Review Committee (DRC). The DRC would provide formal appearance review that is currently performed at the staff level for projects that require an appearance review, as well as additional projects that require additional entitlements such as a Conditional Use Permit, Precise Plan and other types of development consistent with the City's General Plan. The DRC would be similar to an architectural review commission and consist of members from both the City Council and Planning Commission and a design professional from the Community that would serve as an "at large member". The DRC would ensure high quality design of projects that fosters unity and cohesiveness in Atascadero. The DRC would give the City Council ITEM: 4 DATE: 7/20/10 and Planning Commission members a greater control over the architectural standards of the community. The DRC would meet as a committee. The committee will have a standing meeting time once a week and will meet as necessary. The Community Development Director will inform the committee of a meeting to take place one week ahead of time. The Director will provide information to the committee and the applicant is invited to participate. The committee will meet to discuss the design and appearance of the project only and make a decision on the project's appearance. The applicant is informed of the decision through a correspondence, as well as conditions of approval based on the outcome of the committee's meeting. The applicant may appeal a decision of the Design Review Committee to the Planning Commission if no additional discretionary permit is sought. This appeal will be similar to an appeal to the City Council if a project is denied by the Planning Commission. Proposed Text Change: 9-2.107 Design Review Committee. (a) Purpose: The Design Review Committee is established to implement theopals and policies of the General Plan. The intent is to ensure that the physical design of new development meets the following objectives: (1) Maintaining the rural character and identity of Atascadero; (2) Enhancing t_� he appearance and character of the City, reviewing the architecture and site plans for commercial, office, industrial, large single family residential and multi -family residential projects; (3) Ensuring that development is compatible with, surrounding uses and improvements by requiring building designs that provide appropriate visual appearance and site plans to mitigate neighborhood impacts. (b) Design Review CommitteeComposition. The City Council shall appoint the Design Review Committee. The Design Review Committee shall consist of the following (1) Two (2) members of the City Council; (2) Two (2) members of the Planning Commission; (3) One (1) at large member resident of the City. This at large member shall be a resident of the City and be a qualified design professional. If a design professional is unavailable, then Council shall choose an at large member that best fits the intent of the Design Review Committee. ITEM: DATE: 7/20/10 (c) Terms of Service. The Design Review Committee members from the City Council and Planning Commission shall serve a two (2) year term. This service term shall commence at the date of appointment. The at large member resident shall have a service term of two (2) years. This term shall begin at the date of appointment by the City Council. (d) Authority. The Design Review Committee has the authority to approve and make recommendation in regards to the architectural appearance, signage, site plan and landscape plan of the following projects: (1) All Multi -family Residential projects. (2) All non-residential projects including: commercial, office, mixed-use, and industrial developments). (3) All Public Facility projects and buildings. (4) Development in an open space zoning district. (5) Any residential single family residential development requesting a planned development permit. (6) Development projects requiring a precise plan (refer to chapter 9-2.108). (e) Meeting. The Design Review Committee shall convene once a week, as needed. This meeting shall consist of the Committee, the Community Development Director, pertinent city staff members and the applicant. (f) Appearance Review Approval. The Design Review Committee shall take into consideration the following criteria in either approving the design of a project or making recommendations for projects that require Planning Commission approval. The Design Review Committee may require or recommend additional conditions of approval. The following is a list of criteria that the Design Review Committee shall take into consideration: (1) The goals and policies established by the General Plan; (2) Guidelines and standards for development set forth by the Appearance Review Manual; (3) The proposed development plan is compatible with, and is not detrimental to surrounding land uses and improvements provide appropriate visual appearance; (g) Determination. (1) The Community Development Director shall provide the applicant with correspondence regarding the outcome of the meeting, including any additional conditions of approvals that is required or recommended by the Committee. ITEM: DATE: 7/20/10 (h) Compliance. All requirements imposed by Design Review Committee shall be Inco orated into a building permit and com leted prior to pennit final. Failure to comply with he requirements of Development Review Committee constitutes a violation of this code. (i) Appeals. Appeals of decisions from the Design Review Committee shall be made o the Planning Commission and filed within 15 days of the Design Review Committee's decision. Any additional appeals shall be consistent with section 9-1.111 of this chapter. If the Design Review Committee cannot reach a decision on a design review issue the Committee ma refer this issue to the Planning Commission. Exhibit C Proposed Development Process I"= < Proposed Development Process 2.,_ .z Pre -Application Consultation Application Submittal Appearance Review Not Required (SFR Development, LLA, AUP) Project Review I Staff Denial DRC Denial Conditional Use Permit (CUP) requirements ITEM: 4 DATE: 7/20/10 Appearance Review Required) (Muni -F-61). N m Rmidc niaL ,._d lcvciap—L SFR with 50 cu. yd. of Project Review I Design Review Committee (DRC) DRC Approval CUP, PD, TPM, TM, Precise Plans Commission Project Approval The City's zoning ordinance identifies additional review necessary for certain development applications. The City requires a Conditional Use Permit (CUP) for uses conditionally permitted in a zone, as well as for multi -family residential developments of ITEM: 4 DATE: 7/20/10 twelve (12) or more units and non-residential developments with more than ten thousand (10,000) square feet of building or outdoor storage area, even if such a developments are listed as an allowable use in a particular zoning district. These additional CUP requirements require additional entitlement for uses that are "allowed" in the zoning ordinance such as small banks, drug stores, and other smaller commercial uses that exceed more than 10,000 square feet. This additional entitlement may add additional expenses to uses deemed an economic benefit to the City. The intent of this policy is to give City Council members and Planning Commissioners a greater role in approving non-residential projects. By adopting the Design Review Committee and giving the committee a stake in enhancing the appearance and development of the City, the need for a review for small, non-residential development may no longer be warranted. Staff is recommending that larger, non-residential projects, including outdoor storage facilities should still require a CUP (e.g. shopping centers with anchors such a supermarket, drugstore and satellite retail pads, "big box" retail establishments and impound lots) because these projects may impact the quality of life in Atascadero. Staff recommends that non-residential developments containing more than 50,000 square feet (sf) or more of building footprint should require a CUP. These developments at more than 50,000 sf tend to be the larger, neighborhood oriented shopping centers / plazas that begin to draw more issues associated with quality of life impacts, and therefore should be more closely scrutinized by both the Planning Commission and City Council. Proposed Text Change: 9-2.109 Conditional Use Permit. The conditional use permit is the process used to review land use proposals of a nature or magnitude which could significantly affect their surroundings. Such land use proposals include: (i) Uses that are shown as conditional uses in a particular zoning district; or (ii) Multiple -family residential developments consisting of twelve (12) or more units, even if such a development is listed as an allowed use in a particular zoning district; or - ITEM: 4 DATE: 7/20/10 (iii) Nonresidential development containing fifty -thousand (50,000) square feet or more of building footprint area, even if such a development is listed as an allowable use in a particular zoning district; or (iv) Outdoor commercial and industrial sales and storage developments as defined by 9-9.102 of ten thousand (10,000) square feet or more, even if such a development is listed as an allowable use in a particular zoning district. 3. Land use definition for "Personal Services" update and codification of "Personal Services -Restricted" with related update of definitions for consistency purposes Based on direction received from the City Council, staff was asked to review the land use descriptions of personal services and how the City can limit certain types of uses such as tattoo parlors, body piercing, check cashing and fortune telling. Residents and Council members have expressed concern that these types of personal services may create a blighting condition when concentrated in neighborhoods. The existing zoning allows "personal" services in many commercial zones throughout the City either as an allowable use or through a CUP. Staff proposes the following revisions be made to the zoning ordinance similar to other cities in the County that reflect restrictions in the "personal services" category because of the potential neighborhood blighting these uses may create. The following revisions to the zoning ordinance are proposed to clarify the personal services definition, bring consistency with the City's Adult Oriented Business and separate those uses that may induce blight. Proposed Text Change: 9-3.701 Purpose. (Article 29. Land Use descriptions) Personal Services. Service establishments primarily engaged in providing non-medical services inelu hng 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 10% of overall sales), barber shops, '�ety and barber- shops-, day spas and massage therapy where each massage therapist is licensed by the State, shoe repair shops; saunas and hot tubs; dry cleaning pickup stores and small clothing rental; dating and ese014 sefvie€s tailors, tanning salons; and; and rvla4ed ,,etivifie- pet grooming services. To coincide with the revisions of the "personal services" definition, a new definition is proposed for personal services that may be blight inducing. This category includes uses such as tattoo parlors, body piercing, check cashing and other similar uses that "may ITEM: 4 DATE: 7/20/10 have a blighting and/or deteriorating effect upon the surrounding area which may need to be dispersed in order to minimize their adverse impact." These uses are restricted to certain zoning districts in the City. The "personal services -restricted" use would be an "allowed" use in the Commercial Services (CS) zoning district and would be a conditional use in the Commercial Retail (CR), Commercial Park (CPK) and Commercial Neighborhood (CN). The "personal services -restricted" would be prohibited in residential zones, Commercial Professional (CP) and Commercial Tourist (CT) zoning district. Proposed Text Change: 9-3.701 Purpose. (Article 29. Land Use descriptions) Personal Services -Restricted. Service establishments that may have a blighting and/or deteriorating effect upon the surrounding area which may need to be dispersed in order to minimize their adverse impact. Examples of these uses include the following: check cashing and/or pay day/same day loans; fortune tellers, psychics; palm, tarot and card readers; tattoo and body piercing services; pawn shops to which the business of pawn brokering, or the business of lending gpon personal property, pawns or pledges is done; and hot tubs and saunas that are not an accessory to the primary use. With the redefining of "personal services" staff is proposing a clarification in the "sexually oriented business" definition for massage parlors. This clarification is intended to differentiate between a "day spa" as defined by the proposed "personal services" definition and massage parlors. Proposed Text Change: 9-3.701 Purpose. (Article 29. Land Use descriptions) Sexually Oriented Business. Any business defined by the Atascadero Sexually Oriented Business Ordinance (see Chapter 5-10 of this Code) as an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor (excluding State Licensed massage therapy), sexual encounter establishment, or nude model studio is a sexually oriented business. 4. Land use definition for "recycling and scrap" Recycling and scrap uses have evolved over the years to more sophisticated operations since this definition was created. Scraping and recycling now comes in the form of indoor or outdoor uses, and may include a variety of materials ranging from common household items such as aluminum to copper, paper product wastes and recycling operations involving automobiles. These newer uses may present a conflict with existing neighborhoods. Staff is proposing to redefine this definition to include impound lots, and ITEM: 4 DATE: 7/20/10 other outdoor uses that may be detrimental when located adjacent to residential neighborhood and to keep these uses together to utilize special use regulations found in chapter 6. Proposed Text Change: 9-3.701 Purpose. (Article 29. Land Use descriptions) L?oGyGling and SGW Storage, Recycling and Dismantling of Vehicles and Material.. Establishments primarily engaged in the storage, assembling, breaking updismantling, sorting, tempeFary steFage and distribution of materials, equipment and vehicles. This use maybe located either outdoors or indoors. Inclu Je§FeGyGlable or Feusable GGPap and Wa materials but is not limited to, auto wrecking yards, vehicle storage areas, vehicle impounds lots, recyclable / waste material storage and transfer facilities. This does, innli irdiRg auto ,e honkers eRga e d in rdismaRtliRg a temebiles fGF onron Dees not include waste disposal sites, which are separately defined or. noes not in^lu de temporary storage of toxic or radioactive waste materials. 5. Modification of front setback in Residential Multi -family (RMF) Zoning District The 25 foot front yard setback is inconsistent with the City's objective to maximize density and is inconsistent with many of the infill PD standards. Staff is proposing a change to the front setback for the residential multi -family zone as well as residential uses in commercial and industrial zones. Proposed Text Change: 9-4.106 Front setbacks. (a) A, RS, RSF, and LSF arm RMFZones aR d Residential Uses in Gemmorrial onrd ala ',�„es. All residential uses canon# for seGGRd ster„ idwelliRgS `+„or Gemmornial and at uses shall have a minimum front setback of twenty-five (25) feet, except as follows: RMF Zone and residential uses in commercial and industrial zones. All 6. Clarification of Interior Setbacks and Open Areas Staff proposes a clarification of interior setbacks and open area code section. This clarification includes minimum building separation, consistent with the California Building Code, and exemptions to interior setbacks for better use by staff, residents, and developers whom review the code for development projects. ITEM: 4 DATE: 7/20/10 Proposed Text Change: 9-4.109 Interior setbacks and open areas. Detached buildings located on the same site are to be separated as follows: (a) Accessory Buildings. An accessory building is to be located no closer than six (6) feet from any principal building or as required by the building code. (b) Residential Buildings. A principal residential building (including a multifamily dwelling) is not to be located closer than ten (1 0) feet to another principal building (residential or non-residential),than ten ( 10) feet, or- e half the height of toe taller- of the two btfi dings whiehever- is greater-. (c) Exemptions. The following accessory structures are exempt from the provisions outlined in this section. (1) Decks (2) Patio covers and landscape structures (3) Structures under 120 square feet when exempt from a building permit based on adopted building code and consistent with the standards set forth in 9-6.106(b)(3) (4) Similar accessory structures as determined by the Community Development Director_ (ed) Nonresidential Buildings. Set by the Unifeffn Building Code. (Ord. 68 § 9-4.109, 1983) 7. Clarification and Modification of Chapter 5: Residential Second Units Staff has adopted official department policies in regards to the development and use of second units on single family lots. These policies include regulation of studios, wetbars, the use of workshops and garages and unconditioned spaces. These policies are available to the public, however they typically surface during the permit review process and are currently not codified. With this update, staff proposes to codify these policies. In addition, staff is proposing to increase the allowed size of a second unit to the maximum size allowed by the California Department of Housing and Community Development (HCD), which is 1,200 square feet (sf) regardless of lot size. This would encourage existing homeowners to take advantage of larger size second units, as well as assist in contributing to the City's affordable housing stock. ITEM: 4 DATE: 7/20/10 Proposed Text Change: 9-5.020 Definitions. As used in this chapter: (a) Primary Unit. A primary unit is a single-family dwelling unit on a single-family residential zoned legal lot of record. All other uses and structures on said lot shall be accessory to the primary unit. (b) Second Unit. Second residential units are defined as residential occupancy constructions (R) with a kitchen and full bathroom that is accessory to the primary unit and intended for permanent occupancy by a second household. (c) Guesthouse. Guesthouses are defined as residential occupancy construction (R) with no kitchen or cooking facilities and a full bathroom regardless of number or configuration of rooms and are the same as second units for the purposes of defining use and calculating fees. (d) Granny Unit. Granny units are defined as residential occupancy construction (R) with a kitchen and a full bathroom and are the same as second units for the purposes of defining use and calculating fees. (e) Detached Accessory Structure. A detached accessory structure is a structure located on a residential lot occupied by a primary unit, exclusive of second units. (f) Office/Art Studios. Studios are defined as any type of residential occupancy construction (R) with no kitchens, no overnightcooking facilities and/or no bathing facilities (one (1) water closet is permitted). Studios shall be limited to four hundred fifty (450) square feet. Studios greater than four hundred fifty (450) square feet shall be considered second units. Deed restrictions shall be required for any proposed studio with a water closet limiting the use of the studio. (g) Workshops and Garages. Workshops and garages are defined as utility occupancy constructions (U) with no kitchens, no cooking facilities and/or no residential occupancy requirements (i.e. Title 24). A utility bathroom with shower or any other plumbing may be installed with a deed restriction that limits the buildings use to nonresidential purposes. State approved wood burning_ appliances are permissible. Attached structures may be permitted consistent with 9-5.060 and 9-6.106. (h) Residential Additions. Residential additions (additions) are defined as an increase of habitable floor area to a primary residential unit. Additions shall have a continuous, logical internal connection withe,,* doors of conditioned space that provides for access to all portions of the primary unit and addition. Doors may not be used to create two separate living spaces. The addition shall not have a secondary kitchen, however a wet bar is permissible as defined by 9- 5.020.(j). Additions must have a minimum 10 -foot of shared common wall. A breezeway or ITEM: 4 DATE: 7/20/10 similar roof connection of unenclosed or unconditioned space, regardless of length, shall not be considered to be a residential addition... (i) Recreational Vehicle. Recreational vehicles are defined as any vehicle, coach, camper, travel trailer, boat, or similar movable residential facility that does not have a permanent foundation. Recreational vehicles are not permitted to be used as any type of second unit or residential accessory use. (Ord. 454 § 3 (part), 2004) (j) Wet Bar. A wet bar is defined as a small counter equipped with a sink for running water consistent with the following: (1) A wet bar does not include a stove, built in microwave, dishwasher, or garbage disposal. (2) A gas line shall not be installed in proximity to a wet bar. (3) A wet bar sink shall have a single trap drain size limited to 1 '/z -inches maximum. (4) A wet bar shall include a counter with a maximum eight foot (8') length and not to exceed 24 square feet of total counter space. (k) Any deviations from the above standards may be approved by the Planning Commission through the issuance of a Conditional Use Permit. Proposed Text Change: 9-5.060 Development standards. Second units shall be subject to all development standards of the RS, RSF-Z, LSF -Z, RSF-Y, LSF -Y, RSF-X, or LSF -X zoning districts and/or planned development overlay districts in which the property is located, except as modified in this section: (a) Floor Area. The total floor area of a second unit shall not exceed e- & hundred (800) squar-e feet on lots with a net area of 0.5 aer-es or- less. The total floor- area of a seeond unit. shall not exeeed one thousand -two hundred (1,889200) square feet on lots with a net than 0.5 All development on a lot, including second units, must conform to the development standards of the underlying zoning district, including, but not limited to, setbacks, building separations, maximum lot coverage, grading limitations, and native tree preservation. (b) Height. Second units shall conform to the height limits of the underlying zoning district. (c) Setbacks. A second unit shall maintain the setbacks required in the underlying zoning district for a primary dwelling. Detached second units shall not be considered as detached accessory buildings for the purpose of determining setbacks. ITEM: 4 DATE: 7/20/10 (d) Building Separations. A minimum separation of ten (10) feet shall be maintained between the primary dwelling and a detached second unit. (e) Off-street Parking. Off-street parking for the second unit shall be provided as follows and in addition to any required parking for the primary unit: (1) One (1) covered parking spot for the first bedroom. An additional uncovered or covered parking spot is required for any additional bedrooms.One ,., ver -e , off street p,,. 4ag space, shall be provided for- each one (1) bedroom second dwelling unit; two (2) off stfee par -king spaees, eover-ed or- uneover-ed, shall be -provided for- eaeh seeond unit with two (2) 0 more (2) The off-street parking spaces for second units must be on a paved surface; measure ten (10) feet in width if covered, nine (9) feet in width if uncovered, and twenty (20) feet in depth; tandem spaces may be approved for second units; (3) Parking spaces for second units may not occupy driveways and back-up areas that serve garages for the primary dwelling, nor may they occupy circular drives or hammerhead turnarounds that serve the primary unit (which are intended to provide means by which vehicles can enter a street head -first); (4) Parking spaces for second units may occupy areas for required rear and interior side yards; (5) Primary dwellings with three (3) car garages may allow one (1) bay and the driveway space in front of the bay to be used for a second unit off-street parking; (6) If the lot takes access from a collector or arterial street, as designated in the circulation element of the general plan, parking for second units shall be designed so that vehicles exit forward into the street. (f) Unconditioned Spaces. Structures such as garages and workshops attached to second units shall be accessory to the second residential unit and shall be limited to an additional 500 square feet. Any additional unconditioned space in excess of 500 square feet, or any garage area not provided with direct interior access to the second unit, shall no longer be considered accessory to the second residential unit. (gf) The total maximum amount of paving for parking for both the primary and second unit in a front setback is fifty percent (50%) of the front yard setback area. (hg) Architectural Design. The design of the second unit shall be compatible with the design and scale of the primary dwelling (using substantially the same landscaping, color, materials and design on the exterior). Qh) Private Open Space Requirement. A second unit shall have a minimum private open space area of two hundred fifty (250) square feet. This required open space shall not be located within a required front yard setback. No portion of an open space area shall have a dimension of less than ten (10) feet in width. ITEM: 4 DATE: 7/20/10 (1i) Attached Second Units. If the second unit is attached to the primary dwelling, each shall be served by separate outside entrances. The interior wall(s) of an attached unit which separate it from the main unit shall be fire -rated according to the most recent T T„rBuilding Code. (Ord. 454 § 3 (part), 2004) 8. Clarification and Consistency of Residential Accessory Structures Staff is proposing clarification and consistency of residential accessory structures that require a building permit. Codification of this exemption will assist staff and residents with clarity on what types of structures are exempt from a building permit and bring the AMC consistent with the California Building Code. Proposed Text Change: 9-6.106 Residential accessory uses. The standards of this section apply to the specific types of residential accessory structures listed. Agricultural accessory structures for the keeping of animals are subject to Section 9-6.112. (a) Swimming Pools. Swimming pools, including hot tubs, spas, and related equipment, may be located within any required side or rear setback, provided that they are no closer than eighteen (18) inches to a property line (additional setbacks maybe required by UBEthe adopted building code), and provided that they are fenced as required by Section 9- 6.128. (b) Detached Accessory Structures. Any detached accessory structure intended for residential accessory uses and accessory storage: (1) Limits on Use. An accessory structure may be constructed or used solely for noncommercial hobbies or amusements; for maintenance of the principal structure or yards; for artistic endeavors such as painting, photography or sculpture; maintenance or mechanical work on vehicles owned or operated by the occupants; for an approved home occupation; or for other similar purposes. (2) Floor Area. The gross floor area of a detached accessory structure is not to exceed fifty percent (50%) of the gross floor area of the principal structure. (3) Residential accessory structures 120 square feet or less are exempt from requiring a permit if the structure is incidental to the primary use and meets the following requirements: (i) The structure does not create a nuisance; (ii) The use of the structure is permitted under its zoning;. (iii) The structure meets the property's rear and side yard minimum setback requirement of three (3) feet if the structure less than twelve (12) feet in height; ITEM: DATE: 7/20/10 (iv) If the structure is more than twelve (12) feet in height, standard setback shall be required regardless of exemption; (v) The accessory structure is located outside of the required front yard setback; (vi) A minimum six (6) feet of separation is required between accessory structures regardless of exemption, unless otherwise noted by the adopted building code. If the accessory structures have less than a six (6) foot setback, the aggregate area of the buildings shall be considered one (1) building and shall require a building permit. (34) Number of Structures. The number of accessory structures requiring a building permit shall be limited to two (2) structures. (c) Mini -bike, motorcycle, dirt bike or similar two (2) or more wheel motor vehicle riding is allowed subject to the following limitations: (1) No more than two (2) such vehicles shall be operating at the same time. (2) Operation is limited to a maximum of two (2) hours in a day. (i) This limit applies even if only one (1) such vehicle is being operated. (3) Operation is limited to a maximum of eight (8) hours in a week. (i) This limit applies even if only one (1) such vehicle is operated. (ii) A week shall be measured from Monday through Sunday. (4) Notwithstanding the above, no such use shall be allowed prior to noon on Sundays. (5) Any violations to the above-mentioned limitations are subject to cost recovery for responses to disturbances, as listed in Section 9-14.14. (d) Exceptions to Accessory Structure Standards. (1) Detached accessory structures that exeeed sine ,.o, ,iron, encs deviate from requirements are subject to the approval of a minor conditional use permit. (2) Any detached accessory structure in excess of the two (2) structures permitted or when multiple exempt accessory structures (less than 120 square feet) are constructed on the premise that are no longer accessory uses to the primary unit as determined by the Community Development Director is subject to the approval of a minor conditional use permit. (Ord. 454 § 3 (part), 2004: Ord. 449 § 1, 2004; Ord. 412 § 3, 2003: Ord. 68 § 9-6.106, 1983) ITEM: 4 DATE: 7/20/10 9. Elimination of Interim Church Uses Previous City Attorneys have advised the department to eliminate "interim" uses as these uses typically establish a right to remain. Interim uses are hard for staff to enforce, thus staff is recommending removal of "interim" church uses from the code. Proposed Text Change: 9-6.121 Churches and related activities. Religious meeting facilities are subject to the following standards: (a) Location. Church facilities shall be located on a collector or arterial. (b) Limitation on Use. When located in an RS, RSF or LSF Zone, related activities may be limited to a Sunday school, an accessory residence, and small meeting rooms. Schools, gyms and facilities other than the sanctuary designed for large gatherings may be prohibited. (e) interifn uses in the CS and CPK Zones. A ehufeh may be allowed as an interim use i the GSor- rVnu Zone, st fl ;eet •1„ the following stand., ate: Related aetivities shall be limited to a Sunday seheal and sniall meetting f!OOMS; (2) Days and hours of opetution shall be limited to Sundays and week nights afte (3) The inifial eatitlement to oper-ate shall be lifnited to a period not to exeeed three (3) year -s. Thettafter-, the Planning Commission may gt:ant a one (1) tifne extension not to exeeed 10. Update of "recycling and scrap" uses and modification of additional sections for consistency With the proposed new definition, staff is proposing modification of the following sections for consistency purposes. These special use requirements enable staff to better regulate these uses. With the new definition and combining of uses, the need for AMC 9 -6.183 -Vehicle Storage would be obsolete, thus staff is recommending this section be eliminated. ITEM: 4 DATE: 7/20/10 Proposed Text Change: 9-6.131 ReGyG1°n^ and S^rapStorage, Recycling, and Dismantling of Vehicles and Materials. (a) Location. At least five hundred (500) feet from any school, church, hospital, public building, commercial, or residential zone. (b) Minimum Site Area. One acre. (c) Parking Requirement. Two (2) spaces, plus one space for each five thousand (5,000) square feet of use area. (d) Site Design and Operation. All outdoor and indoor recyvlingReeyc4in-g-facilities and wrecking yards, and impound lots are subject to all provisions of Section 9-6.140. (Ord. 68 § 9-6.131, 1983) Proposed Text Change: 9-6.140 Storage yards. Outdoor storage yards, ineltidifitexcludin�the storage of vehicles in ^tea day use parking lot or garage are subject to the provisions of this section. The storage of vehicles in a public or commercial parking lot or garage is subject to Section 9-4.114; the storage of wrecked or abandoned vehicles, or vehicles being dismantled, is subject to Section 9-6. 131, in addition to this section. Proposed Text Change: we AN• • • .� we - 11. Update of "Individual Mobilehomes" The individual mobile homes section was last updated in 1983. Since that time, the quality of design and durability of "mobilehomes" has increased. The term "mobilehome" is no longer used. "Manufactured home" is now commonly used to refer to this type of use. These structures are available in variety of designs and sizes. At the time of the ITEM: 4 DATE: 7/20/10 adoption of the code, a "double -wide" (two 10 -foot long modulars) were the only structures that could meet the required codes to be used as a residence. Manufactures have developed smaller modules that have been approved for residential occupancy. Staff is proposing an update to this code section to allow for smaller manufactured homes, substituting terminology, and streamlining architectural review of these structures. Proposed Text Change: 9-6.142 individual mob"ehomesManufactured homes. When used for permanent residential occupancy, individual fflobileh^fflesmanufactured homes are subject to the standards of this section, in addition to Title 8 of this Code (the building .,,s*metio,, o -diaaaeeBuildin ). Manufactured homes M obileh„mes used as temporary offices or dwellings are subject to Section 9-6.172 et seq. Manufactured home Mobilei,,.v,.o� Y.,, biles ome sales lots are subject to Section 9-6.139. (a) Location. An individual manufactured home ,v,, biles ame is to be located as follows: (1) Within an approved mobilehome park or subdivision; (2) On any single-family residential parcel abject to the manufactured home ,r,, bilehome standards specified in subsection (b) of this section. (b) Manufactured homes M, biles., m -e Standards. (1) If a manufactured home is considered a T4w-mobilehome., the structure shall be certified under the National Mobilehome Construction and Safety Standards Act of 1974. (2) The manufactured home mobilehome shall be placed on an approved permanent foundation system. An approved foundation system shall include any foundation system approved by the State Department of Housing and Community Development or any foundation designed by an engineer or architect in compliance with applicable provisions of the Ullifofffl adopted Building Code. (3) , r-oefing material and exter-ior- siding whieh shall extend to the gr-ou*d shall be eempatible with other- dwelling thin the suffounding At the time of permit application, the Planning Director shall review the architectural features and treatment of the proposed manufactured home with similar features on existing dwelling within the area . The decision of the Planning Director may be appealed to the Planning Commission and the decision of the Planning Commission may be appealed to the City Council, as set forth in Section 9-1.111. (4) Manufactured homes N4, bileh,,,.n shall have a minimum width oft�fifteen (2015) feet. ITEM: 4 DATE: 7/20/10 (5) Utility connections including water, sewer, gas and electric shall be made permanent in the same manner as conventional housing. Utility shutoff valves shall be accessible and shall not be located under the m, bileh,.v, es or behind siding or skirting of a manufactured home. (6) No additions or other structural modifications shall be made to the manufactured home m, bilehome without prior approval from the State Department of Housing and !''.,.,,,,unity Development and the n taseader . Planning Depaftmen the City. (7) An application shall include all information necessary to comply with State of California regulations, as well as other permit information and fees established by the City for its processing of a y,.,, bileheme an application. (8) Prior to the provision of utility services and the issuance of a certification of occupancy, the owner of the a manufactured home m, biles ome shall surrender to the City the certificate of ownership, license plates, or decals, and other department of motor vehicles registration indicia, if applicable. If any of these items are not available, the owner shall submit to the City a "statement of facts" on the appropriate Department of Motor Vehicles form indicating that these items are missing or lost, if applicable. When a manufactured home the m, bile,,ome is new and has never been registered with the Department of Motor Vehicles, the owner shall submit to the City a statement from the v,,, bilehame dealef "i„T he mobretailer selling the structure stating that the F..,, bile,,ome structure is new and has never been registered. (c) Storage. Unoccupied manufactured homes mobs ehomesthat are not fixed to a foundation or a prepared permanent site are to be stored only in a mobs -home sales lot, a storage yard, or in a mobilehome park. (Ord. 68 § 9-6.142, 1983) 12. Clarification of Non -Conforming Lots definition of uses With the tightening of mortgage lending practices, staff has received numerous calls in regards to uses on legal, non -conforming lots. A legal, non -conforming lot is defined as a lot that has been created and recorded with the County that does not meet the City's minimum lot size for a particular zoning district. Typically lenders, as well as residents, are confused with whether existing structures may be "rebuilt” or additions may be permitted on legal, non -conforming lots. Staff proposes the following text change to aid lenders and homeowners with clarifying what type of structures are permitted on non- conforming lots. ITEM: 4 DATE: 7/20/10 Proposed Text Change: 9-7.113 Nonconforming lot defined. Any lot having an area less than the smallest minimum parcel size required by this title or other ordinances, is a legal nonconforming lot if: (a) The lot is shown on a duly approved and recorded subdivision or parcel map; or (b) The lot has, or is eligible for, a certificate of compliance or a conditional certificate of compliance. (Ord. 68 § 9-7.113, 1983) 9-7.114 Use of nonconforming lots. A legal nonconforming lot may be developed for any tisouses identified as an allowable or conditional use by Title 9 -3 -provided the minimum s'�eadevelopment standards established for a particular use i Chapters 9 3 and 9 6 for- pa ftieul ,,. mare satisfied. This includes structures that are partially or completely destroyed that are conforming uses.(ra 69 § 9 7.114, 19934 13. Revision to Building Code for Fire Sprinkler Exceptions Staff is proposing a revision to chapter 3 of the Title 8 -Building of the Atascadero Municipal Code. This revision pertains to the fire sprinkler exceptions for additions to commercial buildings. The existing exemption for additions is currently ten percent (10%) of the total floor area of the existing building. This lower allowance is prohibitive to business owners whom wish to expand existing buildings rather than buying or leasing new buildings. By modifying these standards to thresholds acceptable to the Fire Department, the City will continue to meet and achieve its economic development goals. Proposed Text Change: 8-3.101 Modifications of the California Building Code. 903.2 Where required. An approved automatic fire sprinkler system shall be installed: 1. Throughout all new buildings. Exceptions: 1. Buildings containing Groups B and M occupancies where floor area is not more than 500 square feet (46.45 m2) and located not less than 10 feet from adjacent buildings on the same property and not less than 5 feet from adjacent property lines. ITEM: 4 DATE: 7/20/10 2. Buildings containing Group U occupancies where floor area is less than 1000 square feet (92.9 m 2 ) and located not less than 10 feet from adjacent buildings on the same property and not less than 5 feet from adjacent property lines, unless part of a mixed -occupancy building containing a Group R, Division 3 occupancy. 23. Throughout an existing building whenever additions exceed ten (10) -pefeent of X21,000 square feet (fig 92.9 m'), or a second story or greater is added, or the occupancy is changed to a more hazardous use. 14. Revision to Downtown Office (DO) Permitted Uses Staff is proposing consistency with the Downtown Commercial (DC) by making "libraries, museums, and galleries" an allowed use within this zoning district. These uses are not in conflict with existing uses as well as the Downtown Revitalization Plan. Proposed Text Change: 9-3.262 Downtown district allowable land uses and permit requirements. Allowed Uses and Permit Requirements for Downtown Zoning Districts P Permitted Use CUP Conditional Use Permit required — Use not allowed PERMIT REQUIRED Specific Use Regulations LAND USE (1) DC DO RECREATION, EDUCATION & ASSEMBLY USES Libraries, museums, galleries P —P 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. ITEM: 4 DATE: 7/20/10 CONCLUSIONS: The Text Amendments discussed in the staff report are consistent with General Plan and create consistency and clarification and allow for clear interpretation of the Zoning Ordinance, the primary implementation tool of the General Plan. The creation of the Design Review Committee meets the Goals and Policies associated with enhancing the appearance and rural character of the City. The CUP amendment is consistent with the City's General Plan to retain and expand existing businesses and attract new businesses to improve the availability of goods and services. Land use descriptions are proposed to be updated for logical interpretation and ensuring that development is compatible with existing and surrounding neighborhoods, consistent with the General Plan. Multi -family residential setbacks are proposed to be modified consistent with Planned Developments (PD) that have been approved with similar setbacks and encourages infill development in the urban core. Amendments proposed to the interior setbacks and open areas are provided for clarification purposes for staff and residents, as well as consistency with the 2007 California Building Code (CBC). Update of the Second Residential Unit Chapter brings consistency with adopted Community Development Department policies with the zoning text as well as consistency with State Housing Policies and the 2007 CBC. The proposed amendment to the residential accessory structures defines exempt structures for clarity and consistency with the California Building Code. Updates of "mobilehomes" recycling and scrap and "interim church uses" are updates for consistency with new definitions and State guidelines and interpretations. Amendment to the non -conforming lot definitions is for clarity purposes to define what is a legal lot, as well as permitted and conditionally permitted uses, consistent with the zoning code. The fire sprinkler exception from the CBC amendments is consistent with the General Plan's goals and policies in regards to retaining and expanding existing businesses. The proposed amendment to the Downtown Office (DO) permitted uses allows for libraries, museums, and galleries in this zone which is consistent with the intent of this zone. ITEM: 4 DATE: 7/20/10 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: Proposed Zoning Matrix Modifications Attachment 2: Notice of Exemption Attachment 3: Draft Resolution 2009-0027 ITEM: DATE: 7/20/10 c c; na r H . �D 01 tD lO O) lO 01 1p a) lO Q) D y C C m y�^ n ITEM: DATE: 7/20/10 II<•m N O 3 3 3 N X I. I I I oC n �D n N W W pDl C d d t0 0a Cd o O (D (D N j N N tG D) j j O m O C O , 1 3 3 aS n C r N m D V t0 O C N N D A t0 A 7 d O N N N n O O N O Q �D m C O• N C O O N C N Pe (D dfu N N N 2 r > n = c C N 0. N C ID 77 O tG O y c O N < A D) � ID 0 (n N n -• D° N N A ? O N Dl ci O O. 'y' N N 7 tC N O A Ua N 1D N lD j p �. N < o to R. > D ➢ n> n n D u+C t�nc D > <nC C t�nC tnC (Dj7 NC NC NC N NC nC nC D D Z C n n _ v > C L D > ➢ > D � � v O C7 c r v n n n > C C r () c (i c > c v a 10 10 '," w a N O1 91 91 01 W O1 WCM4 II<•m N O 3 3 3 N X ITEM: 4 DATE: 7/20/10 ATTACHMENT 2: Notice of Exemption CITY OF ATASCADERO NOTICE OF EXEMPTION 6907 El Camino Real Ataseadero, CA 93422 805.461.5000 TO: File FROM: City of Atascadero Community Development Department 6907 El Camino Real Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with CEQA Sections 15061and 15062 Project Title ZONING ORDINANCE CODE TEXT AMENDMENT Proiect Location (Include County) Citywide, Atascadero, CA 93422 (San Luis Obispo County) Project Description Proposed Building Code and Zoning Ordinance Text Amendments to portions of Title 8 Building Code and Title 9 Planning and Zoning. Proposed text amendments consist of revisions for clarification purposes with existing department policies and introduction of language that is consistent with the Goals and Policies of the City's General Plan. Text amendments including the following: • Establishment of a Design Review Committee (proposed AMC 9-2.107) • Amend Conditional Use Permit process(AMC 9-2.109); amend land use description for `personal services" • Codify new land use description for "personal services -restricted" • Amend land use description for sexually oriented business" (AMC 9-3.701) • Amend land use description of "recycling and scrap" (AMC 9-3.701) • Modify front setbacks in the RMF zoning district (AMC 9-4.106) • Amend Interior setbacks and open areas (AMC 9-4.109) • Amend Chapter 5 -Second Residential Units • Amend residential accessory structures (AMC 9-6.106) • Elimination of "interim " church uses in the CS and CPK zones (AMC 9-6.121) • Amend of "recycling and scrap" uses and amend additional sections for consistency (AMC 9-6.131, AMC 9-6.140, and AMC 9-6.183) • Amend "Individual Mobile homes" (AMC 9-6.142) • Update non conforming lot definitions (AMC 9-7.113 and 9-7.114) • Revision of the Building Code exemptions to fire sprinklers (AMC 8-3.101) • Amendment uses in the Downtown Office zoning district (AMC 9-3262). Name of Public Agency Approving Project City ofAtascadero Name of Person or Agency Canyin Out ut Project Community Development Department, City ofAtascadero ITEM: DATE: 7/20/10 ATTACHMENT 2: Notice of Exemption CITY OF ATASCADERO NOTICE OF EXEMPTION Page 2 of 2 Exempt Status: Reasons why project is exempt: The California Environmental Quality Act (CEQA) (Section 15061.(3) Review for Exemption) exempts activities which are covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Date: July 20, 2010 ;' Alfredo R. Castillo, AICP Assistant Planner Page 2 of 2 ITEM: 4 DATE: 7/20/10 ATTACHMENT 3: Draft Resolution PC 2009-0027 DRAFT RESOLUTION PC 2010-0016 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE TEXT CHANGE PLN 2010-1364/ZCH 2010-0159 (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 creation of a Design Review Committee, Conditional Use Permit size limitation revisions, land use descriptions for personal services, personal services -restricted and storage, recycling and dismantling of vehicles and material, modification of front setbacks in the RMF zoning district; modification of interior setbacks and open areas, amendments to Chapter 5 -Second Residential Units, amendments to residential accessory uses, elimination of interim church uses in the CS and CPK zoning districts, revisions to the recycling and scrap uses, elimination of vehicle storage use requirements for consistency purposes, amendments to the mobilehomes use section, amendments to the non -conforming lots section, revisions to the Chapter 3 exceptions for fire sprinklers in Title 8 of the Building Code and revision to permitted uses in the Downtown Office Zoning District 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 8 Building Code and Title 9 Planning and Zoning of the Municipal Code; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and Zoning Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and Zoning Text Amendments; and, ITEM: 4 DATE: 7/20/10 WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on July 20, 2010, studied and considered PLN 2010-1364/ZCH 2010-0159; 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 July 20, 2010, 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: Title 9 Planning and Zoning Proposed Revisions & Consistency — July 2010 Chapter 2: Applications, Content, Processing, and Time Limits 9-2.107 Design Review Committee. (a) Purpose: The Design Review Committee is established to implement the goals and policies of the General Plan. The intent is to ensure that the physical design of new develoament meets the followina obiectives: Maintainina the rural character and identitv of Atascadero: (2) Enhancing the appearance and character of the City, by reviewing the architecture and site plans for commercial, office, industrial, single family residential subject to CEQA and multi -family residential projects; (3) Ensuring that development is compatible with, surrounding uses and improvements by requiring building designs that provide appropriate visual appearance and site plans to mitigate neighborhood impacts. Desian Review Committee—Com ITEM: 4 DATE: 7/20/10 ition. The Citv Council shall appoint the Design Review Committee. The Development Review Committee shall consist of the following: U Two (2) members of the City Council; (2) Two (2) members of the Planning Commission; 3) One (1) at larae member resident of the Citv. This at larae member shall be a resident of the City and be a qualified design professional. If a design professional is unavailable, then Council shall choose an at large member that best fits the intent of the Desian Review Committee. c) Terms of Service. The Desian Review Committee members from the Ci Council and Planning Commission shall serve a two (2) year term. This service term shall commence at the date of appointment. The at large member resident shall have a service term of tvto, (2) vears. This term shall beain at the date of appointment by the City Council. d) Authoritv. The Desian Review Committee has the authoritv to approve and make recommendation in regards to the architectural appearance, signage, site plan and landscape plan of the following projects: (1) All Multi -family Residential projects. (2) All non-residential projects including: commercial, office, mixed-use, < nd1 industrial developments). (3) All Public Facility projects and buildings (4) Development in an open space zoning district. 5) Anv residential sinale familv residential development reauestina a Dlanned development permit. (6) Development projects requiring a precise plan, conditional use permit, zone change or general plan amendment. (e) Meeting. The Design Review Committee shall convene once a week, as needed. This meeting shall consist of the Committee, the Community Development Director, pertinent city staff members and the applicant. -(f) ADDearance Review ADDroval. The Desian Review Committee shall take into consideration the following criteria in either approving the design of a project or making recommendations for projects that require Planning Commission approval. The Design Review Committee may require or recommend additional conditions of approval. ITEM: 4 DATE: 7/20/10 The following is a list of criteria that the Design Review Committee shall take into consideration: The aoals and Dolicies established by the General Plan: (2) Guidelines and standards for development set forth by the Appearance Review Manual: 3) The proposed development plan is compatible with, and is not detrimental to surrounding land uses and improvements provide appropriate visual appearance; _(g) Determination. The Communitv Development Director shall provide the applicant with correspondence regarding the outcome of the meeting, including any additional conditions of approvals that is required or recommended by the Committee. (h) Compliance. All requirements imposed by Design Review Committee shall be incorporated into a building permit and completed prior to permit final. Failure to comply with the requirements of Development Review Committee constitutes a violation of this code. ADDeals. ADDeals of decisions from the Desian Review Committee shall be made to the Planning Commission and filed within 15 days of the Design Review Committee's decision. Any additional appeals shall be consistent with section 9-1.111 of this chapter. If the Design Review Committee cannot reach a decision on a design review issue. the Committee may refer this issue to the Plannina Commission. 9-2.1,07-108 Plot plan. 9-2.488-109 Precise plan. 9-2.149-110 Conditional use permit. The conditional use permit is the process used to review land use proposals of a nature or magnitude which could significantly affect their surroundings. Such land use proposals include: (i) Uses that are shown as conditional uses in a particular zoning district; or (ii) Multiple -family residential developments consisting of twelve (12) or more units, even if such a development is listed as an allowed use in a particular zoning district; or ITEM: DATE: 7/20/10 (iii) Nonresidential development containing fifty -thousand (50,000) square feet or more of building footprint area, even if such a development is listed as an allowable use in a particular zoning district; or (iv) Outdoor commercial and industrial sales and storage developments as defined by 9-9.102 of ten -thousand (10,000) square feet or more, even if such a development is listed as an allowable use in a particular zoning district. 9-2.44111 Approved plans. 9-2.44112 Permit time limits. 9-2.444-113 Substantial site work defined. 9-2.44114 Project completion. 9-2.444-115 Occupancy or use of partially completed projects. 9-2.447-116 Occupancy with incomplete site improvements. 9-2.44-8-117 Extension of entitlement. 9-2.x4118 Lapse of entitlement. 9-2.4119 Applications deemed approved. 9-2.4120 Applications deemed withdrawn. 9-2.4121 Guarantees of performance. Chapter 3: Zoning Districts Article 29. Land Use Descriptions ReGyGliRg and e^r-., Storage, Recycling and Dismantling of Vehicles and Material. Establishments primarily engaged in the storage, assembling, breakiRg updismantling, sorting, and distribution of materials, equipment and vehicles. This use maybe located either outdoors or indoors. Includesrecy^labl^ !2Rd/eF rewsahle SGFap anal write materna;T, but is not limited to, -auto wrecking yards, vehicle storage areas,and vehicle imaounds lots. recvclable / waste material storaae and transfer facilities. This doesDees not include waste disposal sites, which are separately defined. Does RGt i„^ ude,, or temporary storage of toxic or radioactive waste materials. 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 10% of overall sales),and barber shops..; day spas and massage therapy where each massage therapist is license by the State, shoe repair shops; saunas as and hers; dry cleaning pickup stores and small ^Gale dFY Gleaners without niGkup and deliver" ser„i clothing rental; tailors. tannina salons: and datiRa and esGG,SeMGes� andTelated aGtiv ities. pet aroomina services, and other similar uses. Personal Services -Restricted. Service establishments that may have a bliahtina and/or deteriorating effect upon the surrounding area which may need to be dispersed in order to minimize their adverse impact. Examples of these uses include the following: check cashing and/or pay day/same day loans; fortune tellers, psychics; palm, tarot and card readers; tattoo and body piercing services; pawn shops to which the business of pawn brokering, or the ITEM: 4 DATE: 7/20/10 business of lending money upon personal property, pawns or pledges is done, and hot tubs and saunas that are not an accessory to the a-ry a permitted use. Sexually Oriented Business. Any business defined by the Atascadero Sexually Oriented Business Ordinance (see Chapter 5-10 of this Code) as an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor (excluding day spa as defiRed by F)erSeRal sewiGesState licensed massage therapy), sexual encounter establishment, or nude model studio is a sexually oriented business. 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 9-2.109 (Conditional use permits): (a) Amusement services; (b) Bar/tavern; (c) Caretaker residence (see Section 9-6.104); (d) Eating and drinking places with drive-through facilities; (e) Service station (see Section 9-6.164); (f) Public assembly and entertainment; (g) Indoor recreation services; (h) Animal hospitals (see Section 9-6.110); (i) Auto repair and services (see Section 9-6.168); 0) Churches and related activities (see Section 9-6.121); (k) Food and kindred products (see Section 9-6.128); (1) Pipelines; (m) Outdoor recreation services (see Section 9-6.123); (n) Sports assembly; (o) Transit stations and terminals; (p) Kennels (see Section 9-6.111); (q) Vehicle and equipment storage (see Section 9-6.183); (r) Auto dealers (new and used) and supplies (see Section 9-6.163). (Ord. 473 § 2 (part), 2005: Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 310 § 3, Exh. B (part), 1996: Ord. 68 § 9-3.223, 1983) (s) Personal Services - Restricted ITEM: 4 DATE: 7/20/10 9-3.232 Allowable uses. The following uses are allowed in the Commercial Service Zone. The establishment of allowable uses shall be as provided by Section 9-2.107 (Plot plans) and Section 9-2.108 (Precise plans): (a) All uses listed as allowable uses in the CR (Commercial Retail) Zone; (b) Wholesaling and distribution; (c) Light repair services; (d) Apparel and finish products, where areas of use are less than five thousand (5,000) square feet; (e) Electronic and scientific instruments, where areas of use are less than five thousand (5,000) square feet; (f) Furniture and fixtures, where areas of use are less than five thousand (5,000) square feet; (g) Animal hospitals (see Section 9-6.110); (h) Auto repair and services (see Section 9-6.168); (i) Laundries and dry cleaning plants; Q) Stone and cut stone products, where all areas of use are less than five thousand (5,000) square feet; (k) Contract construction services; (1) Food and kindred products (see Section 9-6.128); (m) Kennels (see Section 9-6.111); (n) Sexually oriented businesses (see Chapter 5-10). (Ord. 473 § 2 (part), 2005: Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 300 § 2 (3), 1996; Ord. 169 § 2 (part), Exh. A (part), 1988: Ord. 68 § 9- 3.232, 1983) 0) Personal Services - Restricted 9-3.243 Conditional uses. The following uses may be allowed in the Commercial Tourist Zone. The establishment of conditional uses shall be as provided by Section 9-2.109: (a) Amusement services; (b) Auto, mobilehome and vehicle dealers and supplies (see Section 9-6.163); (c) Bar/tavern; (d) Eating and drinking places with drive-through facilities; (e) Health care services; ITEM: 4 DATE: 7/20/10 (f) Sales lots (see Section 9-6.139); (g) Caretaker's residence (see Section 9-6.104); (h) Pipelines. it Personal Services - Restricted (Ord. 509 § 2, 2007: Ord. 473 § 2 (part), 2005: Ord. 68 § 9-3.243, 1983) 9-3.253 Conditional uses. The following uses may be established in the Commercial Park Zone with Planning Commission approval. The establishment of conditional uses shall be as provided by Chapter 9-2 of this title: (a) Animal hospitals; (b) Auto repair and services (see Section 9-6.168 of this title); (c) Bar/tavern; (d) Chemical products; (e) Concrete, gypsum and plaster products; (f) Eating and drinking places where areas of use are greater than two thousand five hundred (2,500) square feet per store; (g) Eating and drinking places with drive-through facilities; (h) Glass products; (i) Indoor recreational uses; Q) Lumber and wood products; (k) Machinery manufacturing; (1) Membership organizations; (m) Mini -storage; (n) Paper products; (o) Paving materials; (p) Pipelines; (q) Plastics and rubber products; (r) Public assembly and entertainment; (s) Sales lots (see Section 9-6.139 of this title); ITEM: 4 DATE: 7/20/10 (t) Structural clay pottery products; (u) Textile mills; (v) Transit stations and terminals; (w) Vehicle and equipment storage (see Section 9-6.183 of this title); (x) Warehousing; (y) Auto dealers (new and used) and supplies (see Section 9-6.163 of this title). (Ord. 489 § 2 (part), 2006: Ord. 473 § 2 (part), 2005: Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 349 § 3, 1998; Ord. 311 § 3, Exh. B (part), 1996: Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 75 § 2 (3), 1984; Ord. 68 § 9- 3.253, 1983) zl Personal Services - Restricted 9-3.262 Downtown district allowable land uses and permit requirements. Allowed Uses and Permit Requirements for Downtown Zoning Districts P Permitted Use CUP Conditional Use Permit required — Use not allowed PERMIT REQUIRED Specific Use Regulations LAND USE (1) DC DO RECREATION, EDUCATION & ASSEMBLY USES Libraries, museums, galleries P P Chapter 4 General Site and Development Standards 9-4.106 Front setbacks. The front setback is measured at right angles from the nearest point on the front property line to the building line. All structures are to be set back a minimum of twenty- five (25) feet from the nearest point on the front property line, except where this section establishes other requirements. Front setback landscaping and fencing standards are in Sections 9-4.125(a) and 9-4.128 of this chapter, respectively. • RMF Zones •- ITEM: 4 DATE: 7/20/10 over GommerGmal and ind stFoal us shall have a minimum front setback of twenty-five (25) feet, except as follows: (1) Shallow Lots. The front setback shall be a minimum of twenty (20) feet for any lot less than ninety (90) feet deep. (2) Flag Lots. Determination of that portion of the site to constitute the required front yard shall be at the discretion of the applicant. (3) Sloping Lot Adjustment. In any case where the elevation of the natural grade on a lot at a point fifty (50) feet from the centerline of the adjacent street right-of- way is seven (7) feet above or below the elevation of the centerline, a private garage may be located, at the discretion of the applicant, as close as five (5) feet to the street property line, pursuant to Section 9-1.112 of this title, provided that portions of the dwelling other than the garage shall be established at the setback otherwise required. (4) Variable Setback Block. Where a residential block is partially developed with single family dwellings having less than the required front setbacks and no uniform front setback is established, the front setback may be adjusted (Section 9-1.112 of this title) at the option of the applicant, as follows: (i) Prerequisites for Adjustment. Adjustment may be granted only when twenty-five percent (25%) of the lots on the block with the same frontage are developed and the entire block is within a single zone. (ii) Allowed Adjustment. The normally required minimum front setback is to be reduced to the average of the front setbacks of the existing dwellings, which include attached garages but not detached garages, to a minimum of ten (10) feet. RMF Zone and residential uses in commercial and industrial zones. All residential units shall have a minimum setback of fifteen (15) feet. All garages shall have a minimum front setback of twentv (20) feet. (bc) CN, CP, CR, CS, CT, CPK, IP and I Zones. No front setbacks are required. Ground floor residential uses are subject to the setback requirements of subsection (a) of this section. (1) Adjacent to Residential Zone. Where a commercial or industrial zone has a front setback, including a double frontage setback, on a street where more than fifty percent (50%) of the lots in the same block are zoned for residential use, the front setback shall be twenty-five (25) feet, except that a one story building or parking may encroach into one-half (1/2) the required front setback depth. (do) L, LS and P Zone. A minimum ten- (10) foot front setback is required, provided that residential uses are subject to the setback requirements of subsection (a) of this section. (eb) Double Frontage Lots. ITEM: 4 DATE: 7/20/10 (1) Selecting the Setback Location. Where double frontage setback locations are not specified by subdivision requirements or other applicable regulations, the applicant may select the front setback street unless fifty percent (50%) of the lots on a double frontage block are developed with the same front yard orientation. In that case, all remaining lots are to orient their front setbacks with the majority. (2) Double Frontage Setback Requirements. A full front setback is to be provided adjacent to one frontage, and a setback of one-half (1/2) the required front setback depth adjacent to the other frontage. (fe) Establishment of Front Setback on Zoning Map. The Planning Commission may establish greater front setbacks than those required in this section by delineating the setback on the zoning map. Procedures specified by Section 9-1.115 of this title shall be followed in establishing such setbacks. (Ord. 68 § 9-4.106, 1983: Ord 82 § 9-4.106, 1984) 9-4.109 Interior setbacks and open areas. Detached buildings located on the same site are to be separated as follows: (a) Accessory Buildings. An accessory building is to be located no closer than six (6) feet from any principal building or as required by the building code. (b) Residential Buildings. A principal residential building (including a multifamily dwelling) is not to be located closer than ten (10) feet to another principal building (residential or non-residential) than t8R (10) feet, ^r ^no -half the height of the taller of the two b iilding whinheyer is greater. c) Exemptions. The followina accessory structures are exempt from the provisions outlined in this section. (1) Decks 2) Patio covers and landscape structures (3) Structures under 120 square feet when exempt from a building permit based on adopted building code and consistent with the standards set forth in 9- 6.106(b)(3) 4) Similar accessory structures as determined by the Commun Development Director. (Gd) Nonresidential Buildings. Set by the UnifermTBuilding Code. (Ord. 68 § 9- 4.109, 1983) ITEM: 4 DATE: 7/20/10 Chapter 5 Residential Second Units 9-5.020 Definitions. As used in this chapter: ( ) Granny Unit. Granny units are defined as residential occupancy construction (R) with a kitchen and a full bathroom and are the same as second units for the purposes of defining use and calculating fees. ( ) Detached Accessory Structure. A detached accessory structure is a structure located on a residential lot occupied by a primary unit, exclusive of second units. ( ) Office/ Studios. Studios are defined as any type of residential occupancy construction (R) with no overnight stays, kitchens, no cooking facilities and/or no bathing facilities (one (1) water closet is permitted). Studios shall be limited to four hundred fifty (450) square feet. Studios greater than four hundred fifty (450) square feet shall be considered second units. Deed restrictions shall be required for any proposed studio with a water closet limiting the use of the studio. ( ) Workshops and Garages. Workshops and garages are defined as utility occupancy constructions (U) with no kitchens, no cooking facilities and/or no residential occupancy requirements (i.e. Title 24). A utility bathroom with shower or any other plumbing may be installed with a deed restriction that limits the buildings use to nonresidential purposes. State approved wood burning appliances are permissible. Attached structures may be Dermitted consistent with 9-5.060 and 9-6.106. (he) Residential Additions. Residential additions (additions) are defined as an increase of habitable floor area to a primary residential unit. Additions shall have a continuous, logical internal connection of conditioned space that provides for access to all portions of the primary unit and addition. Doors may not be used to ,reate two separate living spaces The addition shall not have a secondary kitchen, however a wet bar is permissible as defined by 9-5.020.(1). Additions must have a minimum 10 -foot of shared common wall. A breezewav or similar roof connection of unenclosed or unconditioned sDace. reaardless of length, shall not be considered to be a residential addition. () Recreational Vehicle. Recreational vehicles are defined as any vehicle, coach, camper, travel trailer, boat, or similar movable residential facility that does not have a permanent foundation. Recreational vehicles are not permitted to be used as any type of second unit or residential accessory use. (Ord. 454 § 3 (part), 2004) (j) Wet Bar. A wet bar is defined as a small counter equipped with a sink for runnina water consistent with the followina: ITEM: 4 DATE: 7/20/10 (1) A wet bar does not include a stove, built in microwave, dishwasher,arg bage disposal. (2) A gas line shall not be installed in proximity to a wet bar. (3) A wet bar sink shall have a sinale tray drain size limited to 1 '/2 -inches maximum. (4) A wet bar shall include a counter with a maximum eiaht foot (8) lenath and not to exceed 24 square feet of total counter space. (k) Any deviations from the above standards may be approved by the Planning Commission through the issuance of a Conditional Use Permit. 9-5.040 Permit required. (a) Permit Required. A building permit application shall be required for the construction or conversion of any second unit. (Ord. 454 § 3 (part), 2004) 9-5.060 Development standards. Second units shall be subject to all development standards of the RS, RSF-Z, LSF -Z, RSF-Y, LSF -Y, RSF-X, or LSF -X zoning districts and/or planned development overlay districts in which the property is located, except as modified in this section: (a) Floor Area. The total floor area of a second unit shall not exceed eig4# hundred drfeet n Inwith aroa of 0.5 aGreS or less. The ttalfloc area of a seneRd Unit shall Rot evneed one thousand -two hundred (4 001,200) square feet on lots with a net area greater than 0.5 aures. All development on a lot, including second units, must conform to the development standards of the underlying zoning district, including, but not limited to, setbacks, building separations, maximum lot coverage, grading limitations, and native tree preservation. (b) Height. Second units shall conform to the height limits of the underlying zoning district. (c) Setbacks. A second unit shall maintain the setbacks required in the underlying zoning district for a primary dwelling. Detached second units shall not be considered as detached accessory buildings for the purpose of determining setbacks. (d) Building Separations. A minimum separation of ten (10) feet shall be maintained between the primary dwelling and a detached second unit. (e) Off-street Parking. Off-street parking for the second unit shall be provided as follows and in addition to any required parking for the primary unit: ITEM: 4 DATE: 7/20/10 (1) bedroom SeGend dwelling unit; two (2) off street parkiRg spaGeS, GOVered er , shall be provided for each seGGRd , snit with two (2) or more hedrooms;One (1) covered parking spot for the first bedroom. An additional uncovered or covered parking spot is required for additional bedrooms. (2) The off-street parking spaces for second units must be on a paved surface; measure ten (10) feet in width if covered, nine (9) feet in width if uncovered, and twenty (20) feet in depth; tandem spaces may be approved for second units; (3) Parking spaces for second units may not occupy driveways and back-up areas that serve garages for the primary dwelling, nor may they occupy circular drives or hammerhead turnarounds that serve the primary unit (which are intended to provide means by which vehicles can enter a street head -first); (4) Parking spaces for second units may occupy areas for required rear and interior side yards; (5) Primary dwellings with three (3) car garages may allow one (1) bay and the driveway space in front of the bay to be used for a second unit off-street parking; (6) If the lot takes access from a collector or arterial street, as designated in the circulation element of the general plan, parking for second units shall be designed so that vehicles exit forward into the street. (f) Unconditioned Spaces. Structures such as garages and,—workshops attached to second units shall be accessory to the second residential unit and shall be limited to an additional 500 square feet. Any additional unconditioned space in excess of 500 square feet, or any garage area not provided with direct interior access to the second unit, shall no longer be considered accessory to the second residential unit. (gf) The total maximum amount of paving for parking for both the primary and second unit in a front setback is fifty percent (50%) of the front yard setback area. (hg) Architectural Design. The design of the second unit shall be compatible with the design and scale of the primary dwelling (using substantially the same landscaping, color, materials and design on the exterior). (ih) Private Open Space Requirement. A second unit shall have a minimum private open space area of two hundred fifty (250) square feet. This required open space shall not be located within a required front yard setback. No portion of an open space area shall have a dimension of less than ten (10) feet in width. Gi) Attached Second Units. If the second unit is attached to the primary dwelling, each shall be served by separate outside entrances. The interior wall(s) of an attached unit which separate it from the main unit shall be fire -rated according to the most recent II I„TBuilding Code. (Ord. 454 § 3 (part), 2004) ITEM: 4 DATE: 7/20/10 Chapter 6 Special Uses 9-6.106 Residential accessory uses. The standards of this section apply to the specific types of residential accessory structures listed. Agricultural accessory structures for the keeping of animals are subject to Section 9-6.112. (a) Swimming Pools. Swimming pools, including hot tubs, spas, and related equipment, may be located within any required side or rear setback, provided that they are no closer than eighteen (18) inches to a property line (additional setbacks maybe required by UB -lithe adopted building code), and provided that they are fenced as required by Section 9-6.128. (b) Detached Accessory Structures. Any detached accessory structure intended for residential accessory uses and accessory storage: (1) Limits on Use. An accessory structure may be constructed or used solely for noncommercial hobbies or amusements; for maintenance of the principal structure or yards; for artistic endeavors such as painting, photography or sculpture; maintenance or mechanical work on vehicles owned or operated by the occupants; for an approved home occupation; or for other similar purposes. (2) Floor Area. The gross floor area of a detached accessory structure is not to exceed fifty percent (50%) of the gross floor area of the principal structure. 3) Residential accessory structures 120 sauare feet or less are exempt from requiring a permit if the structure is incidental to the primary use and meets the following requirements: (i) The structure does not create a nuisance; (ii) The use of the structure is permitted under its zoning; NO The structure meets the property's rear and side yard minimum setback requirement of three (3) feet if the structure less than twelve (12) feet in height; iv) If the structure is more than twelve (12) feet in height, standard setback shall be required regardless of exemption; v) The accessory structure is located outside of the required front yard setback; vi) A minimum six (6) feet of separation is required between accessory structures regardless of exemption, unless otherwise noted by the adopted buildina code. If the accessory structures have less than a six (6 ITEM: 4 DATE: 7/20/10 foot setback, the aggregate area of the buildings shall be considered one (1) building and shall require a building permit. (34) Number of Structures. The number of non-exempt accessory structures requiring a building permit shall be limited to two (2) structures. (c) Mini -bike, motorcycle, dirt bike or similar two (2) or more wheel motor vehicle riding is allowed subject to the following limitations: (1) No more than two (2) such vehicles shall be operating at the same time. (2) Operation is limited to a maximum of two (2) hours in a day. (i) This limit applies even if only one (1) such vehicle is being operated. (3) Operation is limited to a maximum of eight (8) hours in a week. (i) This limit applies even if only one (1) such vehicle is operated. (ii) A week shall be measured from Monday through Sunday. (4) Notwithstanding the above, no such use shall be allowed prior to noon on Sundays. (5) Any violations to the above-mentioned limitations are subject to cost recovery for responses to disturbances, as listed in Section 9-14.14. (d) Exceptions to Accessory Structure Standards. (1) Detached accessory structures that exGeed size rory, iiromor+cdeviate from requirements are subject to the approval of a minor conditional use ep rmit. (2) Any detached accessory structure in excess of the two (2) structures permitted or when multiple exempt accessory structures Jess than 120 square feet, are constructed on the Dremise that are no lonaer accessory uses to the Drimary unit as determined by the Community Development Director is subject to the approval of a minor conditional use permit. (Ord. 454 § 3 (part), 2004: Ord. 449 § 1, 2004; Ord. 412 § 3, 2003: Ord. 68 § 9-6.106, 1983) 9-6.121 Churches and related activities. Religious meeting facilities are subject to the following standards: (a) Location. Church facilities shall be located on a collector or arterial. (b) Limitation on Use. When located in an RS, RSF or LSF Zone, related activities may be limited to a Sunday school, an accessory residence, and small meeting rooms. Schools, gyms and facilities other than the sanctuary designed for large gatherings may be prohibited. ITEM: 4 DATE: 7/20/10 M 0 & T Z I Mrr-T.==M.N1 N."r-M I MSM M r. E three years. Thereafter, the Planning Commission rnay grant a one (I) to 9-6.131 Recycling and sGrap Storage, Recycling and Dismantling of Vehicles and Materials. (a) Location. At least five hundred (500) feet from any school, church, hospital, public building, commercial, or residential zone. (b) Minimum Site Area. One acre. (c) Parking Requirement. Two (2) spaces, plus one space for each five thousand (5000) square feet of use area. (d) Site Design and Operation. All outdoor and indoor Recycling facilities, a -PA wrecking yards, and impound lots are subject to all provisions of Section 9-6.140. (Ord. 68 § 9-6.131, 1983) 9-6.140 Storage yards. Outdoor storage yards, inGlU W g --excluding the storage of vehicles in ^+"man a day use parking lot or garage are subject to the provisions of this section. The storage of vehicles in a public or commercial parking lot or garage is subject to Section 9-4.114; the storage of wrecked, e�abandoned",^'mor vehicles being dismantled, is subject to Section 9-6. 131, in addition to this section. (a) Site Design Standards. (1) Access. There shall be only one access point to a storage yard for each three hundred (300) feet of street frontage. Such access point is to be a maximum width of twenty (20) feet and shall be provided with a solid gate or door. (2) Screening. A storage yard, except a temporary offsite construction yard, is to be screened from public view on all sides by solid wood, painted metal or masonry fencing, with a minimum height of six (6) feet. All required screening shall be continuously maintained in good condition to assure that its intended purpose is accomplished. This requirement may be waived through adjustment (Section 9-1.112), when: (i) The side of a storage yard abuts a railroad right-of-way; or ITEM: 4 DATE: 7/20/10 (ii) The surrounding terrain, existing vegetation intended to remain or other conditions would make fencing ineffective or unnecessary for the purpose of screening the storage yard from the view of public roads. (3) Parking Requirement. None, provided that sufficient usable area is available to accommodate all employee and user parking needs entirely on-site. (4) Site Surfacing. A storage yard shall be surfaced with concrete, asphalt paving, crushed rock, or oiled earth, and be maintained in a dust -free condition. (5) Office Facilities. When no buildings exist or are proposed on a storage yard site, one commercial coach may be utilized for an office, provided that such vehicle is equipped with skirting, and installed pursuant to the permit requirements of Title 8 of this Code (the building and construction ordinance). (b) Operation. Except for vehicles or freestanding equipment, materials within a storage yard are not to be stacked or stored higher than six (6) feet, unless screening requirements have been waived or modified pursuant to subsection (a)(2)(ii) of this section, or unless a higher wall or fence is constructed at the required setback line under an approved building permit. (Ord. 68 § 9-6.140, 1983) 9-6.142 indov0dual mobolehomesManufactured Homes. When used for permanent residential occupancy, oaf mnhilehemesmanufactured homes are subject to the standards of this section, in addition to Title 8 of this Code (the building and cam, co; sari ordinanceBuildin ). Mebilehemes Manufactured homes used as temporary offices or dwellings are subject to Section 9-6.172 et seq. MobilehemManufactured homes in mnhilohnmo sales lots are subject to Section 9-6.139. (a) Location. A manufactured home n individual mebilehemo is to be located as follows: (1) Within an approved mobilehome park or subdivision; (2) On any single-family residential parcel abject subject to the mnhilohnmo standardsmanufactured home standards specified in subsection (b) of this section. (b) Mebileheme Manufactured Home Standards. (1) The -If a manufactured home is considered a mobilehome, the structure shall be certified under the National Mobilehome Construction and Safety Standards Act of 1974. (2) The mnhilehemo manufactured home shall be placed on an approved permanent foundation system. An approved foundation system shall include any foundation system approved by the State Department of Housing and Community ITEM: 4 DATE: 7/20/10 Development or any foundation designed by an engineer or architect in compliance with applicable provisions of the Uniferm adopted Building Code. (3) Reef E)veFhangs, reefing material and exterier sidiRg whiGh shall extend tG the gFOURd shall be GoOmpatible with ether dwelliRgs exiStiRg withiR the surreyndiRg area. At the time of permit application, the Planning Director shall review the architectural features and treatment of the proposed +lehome-manufactured home with similar features on existing dwelling within the area and shall make the mehileheme compatible. The decision of the Planning Director may be appealed to the Planning Commission and the decision of the Planning Commission may be appealed to the City Council, as set forth in Section 9-1.111. (4) Mebilehemes Manufactured homes shall have a minimum width of fifteen (2®15) feet. (54) Utility connections including water, sewer, gas and electric shall be made permanent in the same manner as conventional housing. Utility shutoff valves shall be accessible and shall not be located under the mehilehemes eror behind siding or skirting of a manufactured home. (65) No additions or other structural modifications shall be made to the mehileheme structure without prior approval from the State Department of Housing and COMM Rity Development and the AtasGadere PIaRRiRg Departmontthe City. (76) An application shall include all information necessary to comply with State of California regulations, as well as other permit information and fees established by the City for its processing of a mehilehemeof an application. (87) Prior to the provision of utility services and the issuance of a certification of occupancy, the owner of a manufactured home the mehileheme shall surrender to the City the certificate of ownership, license plates, or decals, and other department of motor vehicles registration indicia, if applicable. If any of these items are not available, the owner shall submit to the City a "statement of facts" on the appropriate Department of Motor Vehicles form indicating that these items are missing or lost, if applicable. When the mehileheme ica manufactured home is new and has never been registered with the Department of Motor Vehicles, the owner shall submit to the City a statement from the mehilehemethe dealer retailer selling the mehilehemestructure stating that the mehileheme structure is new and has never been registered. (c) Storage. Unoccupied mehilehemec manufactured homes that are not fixed to a foundation or a prepared permanent site are to be stored only in a mehileheme sales lot, a storage yard, or in a mobilehome park. (Ord. 68 § 9-6.142, 1983) 9-6.183 VehoGle storage. ITEM: 4 DATE: 7/20/10 Chapter 7 Non -Conforming Uses 9-7.113 Nonconforming lot defined. Any lot having an area less than the smallest minimum parcel size required by this title or other ordinances, is a legal nonconforming lot if: (a) The lot is shown on a duly approved and recorded subdivision or parcel map; or (b) The lot has, or is eligible for, a certificate of compliance or a conditional certificate of compliance. (Ord. 68 § 9-7.113, 1983) 9-7.114 Use of nonconforming_ lots. A legal nonconforming lot may be used developed for app -uses identified as an allowable or conditional use by Chapter Title 9 -3 -provided the minimum-siteea s development standards establishedORChapters a 3 and 9 -for a6 particular uses are are satisfied. This includes structures that are partially or completely destroyed that are conforming uses. (Ord. 68 § Q -7r, 14, 1903) 8-3.101 Modifications of the California Building Code. 903.2 Where required. An approved automatic fire sprinkler system shall be installed: 1. Throughout all new buildings. Exceptions: 1. Buildings containing Groups B and M occupancies where floor area is not more than 500 square feet (46.45 m2) and located not less than 10 feet from adjacent buildings on the same property and not less than 5 feet from adjacent property lines. 2. Buildings containing Group U occupancies where floor area is less than 1000 square feet (92.9 m2) and located not less than 10 feet from adjacent buildings on ITEM: 4 DATE: 7/20/10 the same property and not less than 5 feet from adjacent property lines, unless part of a mixed -occupancy building containing a Group R, Division 3 occupancy. 213. Throughout an existing building whenever additions exceed ten (10) pe. --..t ef the total f!E)E)F aFea of the existiRg buildiRg and the total GGMbiR8d fle-Or area vAd-exceed ? 1,000 square feet (485.8 92.9 m2), or a second story or greater is added, or the occupancy is changed to a more hazardous use. Exception: Group R, Division 3 occupancies where the total combined floor area will not exceed 3,000 square feet (278.7 m2). 34. In additions to existing buildings equipped with an automatic fire sprinkler system. For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the floor area within the surrounding exterior walls shall be considered as one building. An automatic fire sprinkler system need not be installed in spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by fire barriers consisting of not less than 1 -hour fire -resistance -rated walls and 2 -hour fir -resistance -rated floor/ceiling assemblies. ITEM: 4 DATE: 7/20/10 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. 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 Heather Moreno Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary T:\- 10 PLNs\PLN 2010-1364 Citywide Zone Change\PLN 2010-1364 SR.PC.ac.docx