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HomeMy WebLinkAboutPC_2010-08-17_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, August 17, 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, August 17, 2010 Page 2of4 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JULY 20, 2010. COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2010-1376, TREE REMOVAL PERMIT FOR 2950 PASEO DEL LAGO (THE LAKES DEVELOPMENT) Property Owner: The Lakes HOA, 5735 EI Camino Real, Atascadero, CA 93422 Applicant: Shelly Vickery, 3091 Cielo Grande, Atascadero, CA 93422 Certified Arborist: Solid Oak Tree Management, PO Box 13521, San Luis Obispo, CA 93406 Project Title: PLN 2010-1376 / Tree Removal Permit 2010-0142 Project 2950 Paseo Del Lago, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-022-033 Project The applicant has requested to removal of one 34 inch DBH Live Oak tree Description: located in the center planter at the entry to The Lakes Development. The tree has been evaluated by an arborist and it has been determined that the tree's roots have been damaged from prior construction and the tree is in decline. Due to the location of the tree in a high traffic area, the potential failure of limbs creates a hazardous situation. The tree is proposed for removal with mitigation for replanting native trees elsewhere on site. 3. ZONING CODE LAND USE STUDY SESSION PUBLIC HEARINGS None 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).) City of Atascadero Planning Commission Agenda Regular Meeting, August 17, 2010 Page 3 of 4 COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for September 7, 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, August 17, 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: 8-17-10 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting — Tuesday, July 20, 2010 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER - 7:02 p.m. Chairperson Moreno called the meeting to order at 7:02 p.m. and Commissioner Ward led the Pledge of Allegiance. ROLL CALL Present: Chairperson Moreno, Vice Chairperson Bentz, Commissioners Colamarino, Jack, Schmidt, Sturtevant, and Ward Absent: None Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace and Assistant Planner Alfredo Castillo APPROVAL OF AGENDA MOTION: By Commissioner Jack and seconded by Commissioner Sturtevant to approve the agenda. Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT None PC Draft Action Minutes of 7/20/10 Page 1 of 7 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 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. MOTION: By Vice Chairperson Bentz and seconded by Commissioner Jack to approve the Consent Calendar. Motion passed 7.0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 3. PLN 2010-1359, 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: PC Draft Action Minutes of 7/20/10 Page 2 of 7 Assistant Planner Alfredo Castillo gave the staff report and explained that the applicant is using the site as an office. The building permit (BLD 2008-08868) which was approved in March 2010, was deed restricted to ensure the residential accessory structure would not be used as a second residential unit. Staff is recommending that the addition of a full bathroom with shower be removed from the structure if the HVAC and wet bar are permitted. Assistant Planner Alfredo Castillo and Community Development Director Frace answered questions from the Commission. DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Ward visited the subject property, spoke with the contractor, and the site appears to be an office. PUBLIC COMMENT The following citizens spoke during Public Comment: Susan Bumbaca. Chairperson Moreno closed the Public Comment period. MOTION: By Commissioner Colamarino and seconded by Commissioner Sturtevant to adopt PC Resolution 2010- 0015 approving PLN 2010-1370, a Conditional Use Permit Map 2010-0250 a request to allow installation of an HVAC system and wet bar in an existing residential accessory structure (BLD 2010-08868) subject to findings and conditions of approval. Chairperson Moreno reopened the Public Comment period. The following citizens spoke during Public Comment: Susan Bumbaca. Ms. Bumbaca asked the Commission to consider Alternative 1. After further discussion and clarification, Ms. Moreno stated that Ms. Bumbaca could appeal the decision to the City Council. Chairperson Moreno closed the Public Comment period. Motion passed 4:3 by a roll -call vote. (Schmidt, Ward, Bentz opposed) Chairperson Moreno asked staff to make sure Ms. Bumbaca is clear on her options. PC Draft Action Minutes of 7/20/10 Page 3 of 7 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: Assistant Planner Alfredo Castillo gave the staff report. Assistant Planner Castillo and Director Frace answered questions from the Commission. PC Draft Action Minutes of 7/20/10 Page 4 of 7 DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Jack spoke with Michael Sherer relative to these proposed changes. • Commissioner Schmidt contacted Manufactured Home Sales regarding the some of the items that were under the definition of manufactured home sales. PUBLIC COMMENT None Chairperson Moreno closed the Public Comment period. Chairperson Moreno adjourned the meeting at 9:05 p.m. for a break. Chairperson Moreno called the meeting back to order at 9:12 p.m. The Commission discussed and made recommendations on items in the Zoning Code. Director Frace stated that some of the City's definitions are antiquated and suggested that the Commission may want to recommend this for a future Planning Commission Study Session. MOTION: By Commissioner Schmidt and seconded by Commissioner Ward to adopt PC Resolution 2010-0016 approving PLN 2010-1364, a Zone Text Change 2010-0159 with suggested changes. After discussion, the maker of the motion and the 2nd withdrew their motion. Director Frace stated that the Commission could bring the items of 2nd unit covered parking and paving, and amusement services back at a later date on a future agenda. The Planning Commission recommended PLN 2010-1364/ ZCH 2010-0159 to the City Council for approval with the following recommended changes: 1. Recommend change to proposed section 9-2.107.(b)(3) to have an at large member be open to any resident of the City as opposed to an at large member that is a "qualified design professional". The recommendation reads as follows: 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. thefi-The City Council shall choose-qppoint an at large member that best fits the intent, ofat its discretion to serve on the Design Review Committee. 2. Recommend change to article 29 section 9-3.701 for the proposed "personal PC Draft Action Minutes of 7/20/10 Page 5 of 7 services -restricted" land use definition to be more encompassing. The recommendation reads as follows: 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 but not limited to: 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 money upon personal property, pawns or pledges is done, and hot tubs and saunas that are not an accessory to the primary use. 3. Recommend change to section 9-4.109 to remove the word "principal" from the code section. The recommendation reads as follows: (a) Accessory Buildings. An accessory building is to be located no closer than six (6) feet from any pr-ineipal-building or as required by the building code. (b) Residential Buildings. A presidential building (including a multifamily dwelling) is not to be located closer than ten (10) feet to another pr-ifleipal building (residential or non-residential). 4. Recommend change to section 9-5.020 Guesthouse definition to clarify that a bathroom is permitted. The recommendation reads as follows: (c) Guesthouse. Guesthouses are defined as residential occupancy construction (R) with a full bathroom, no kitchen or cooking facilities and a f"" badffee regardless of number or configuration of rooms and are the same as second units for the purposes of defining use and calculating fees. 5. Recommend change to section 9-6.142 (4) manufactured homes widths smaller than 15 feet may be approved with Design Review Committee approval. The recommendation reads as follows: (4) Manufactured homes shall have a minimum width of fifteen (15) feet. Manufactured homes with widths less than fifteen (15) feet may be permitted with approval by the Design Review Committee. 6. Recommend change to section 9-7.113 (b) clarifying that a certificate of compliance (coc) shall be issued prior to the City recognizing that a lot is legal. The recommendation reads as follows: (b) The lot has ewis been issued eligible foF, a certificate of compliance or a conditional certificate of compliance. (Ord. 68 § 9-7.113, 1983) MOTION: By Vice Chairperson Bentz and seconded by Commissioner Sturtevant to adopt PC Resolution 2010- 0016 recommending the City Council introduce an Ordinance for first reading, by title only, to approve PLN PC Draft Action Minutes of 7/20/10 Page 6 of 7 2010-1364, Zone Text Change ZCH 2010-0159 based on findings and modified by Director Frace based on the input from the individual commissioners and including the changes that Director Frace re -iterated with the Chair which was that 2nd unit covered parking and paving issue be re-agendized for a future meeting: Motion passed 7:0 by a roll -call vote. Commissioner Colamarino stated for the record that he is not in favor of any change whatsoever to the covered parking section and paving discussion, or placing it on a future meeting agenda. COMMISSIONER COMMENTS AND REPORTS Commissioner Ward spoke about Wayne Gretter. DIRECTOR'S REPORT • Director Frace gave an update on current projects within the City. • Director Frace gave an overview of the Planning Commission agenda and Eagle Ranch tour scheduled for August 3rd. • Director Frace gave an update on the City Council agenda for July 27, 2010. ADJOURNMENT - 10:36 p.m. The next regular meeting of the Planning Commission is scheduled for August 3, 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 7 20 10.doc PC Draft Action Minutes of 7/20/10 Page 7 of 7 ITEM NUMBER: 2 DATE: 8-17-10 Atascadero Planning Commission Staff Report — Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor(Patascadero.org PLN 2010-1376 Hazardous Tree Removal Permit 2010-0142 2950 Paseo Del Lago (The Lakes HOA / Vickery) SUBJECT: The proposed project includes a request to remove one (1) 34 -inch DBH Live Oak, located at the entrance to The Lakes residential development. The tree is in decline and in poor condition, creating a potential hazard in a high traffic area, as certified by the project arborist. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2010-0017 to allow the removal of one (1) hazardous Live Oak totaling 34 inches DBH subject to conditions of approval. Situation and Facts: 1. Property Owner: The Lakes of Atascadero HOA, c/o Mark IV Property Management, 5735 EI Camino Real #H, Atascadero, CA 93422 2. Applicant: Shelly Vickery 3091 Cielo Grande, Atascadero, CA 93422 3. Project Address: 2950 Paseo Del Lago, Atascadero, CA 93422 APN 049-022-033 4. Certified Arborist: Jeremy Lowney, Solid Oak Tree Management, PO Box 13521 San Luis Obispo Ca, 93406 5. General Plan Designation: Open Space (OS) ITEM NUMBER: 2 DATE: 8-17-10 6. Zoning District: Open Space (OS) 7. Site Area: 0.955 acres 8. Existing Use: Open Space & road right-of-way at front entry of the Lakes Development ANALYSIS: An application has been submitted by The Lakes Homeowners Association for the removal of one (1) 34" Live Oak. The tree is located at the front entry to the Lakes residential development. The entry road to the development was constructed around the subject tree, and the tree was preserved within a small planter area with the original project design. In June of this year, the Lakes HOA retained Jeremy Lowney of Solid Oak Tree Management, a certified arborist, to complete a tree survey all the native trees in the residential development's common open space. The arborist evaluated the trees and made recommendations for trimming and maintenance. The tree survey and email correspondence from the certified arborist, as well as additional evaluation by a consulting Forester are attached to this report. The survey identified tree #2, a 34 -inch Live Oak at the front entry, as a high hazard. The arborist stated that the tree has serious root damage, and recommends that the tree be removed for safety reasons as soon as possible. In phone and email correspondence between the arborist and City staff, the arborist further explained that although the tree still has some live growth in the canopy and is not completely dead, it is in decline and in very poor condition. The damaged and unstable root system will cause the tree to continue to decline. Since the tree is in a high traffic area, an unstable tree or large falling limbs would be a very hazardous situation for cars or pedestrians below. ,ti 34" Live Oak sic,,: proposed for removal7� ITEM NUMBER: 2 DATE: 8-17-10 Tree Mitigation Tree Removal Permit fees are not required for the removal of hazardous trees. The regular fee for a Tree Removal Permit which requires Planning Commission hearing is $755. The fee has been waived for the subject application. The Atascadero Municipal Code requires mitigation for all trees approved for removal. AMC Section 9-11.105 identifies specific conditions of approval which are required with the approval of a tree removal. Planning Commission can approve one or more of the following conditions as mitigation: AMC Section 9-11.105: Tree removal permits shall be conditioned by one or more of the following methods: (i) Depending on the characteristics of the site the applicant may plant replacement trees on site. This method shall include payment in advance for three (3) site inspections during a four (4) year establishment period; (ii) Payment of fee to the Tree Replacement Fund; (iii) Establishment of conservation easements, which will restrict removal of any tree within a designated area of the property. (Ord. 350 § 2 (part), 1998) In accordance with Section 9-11.105 of the Atascadero Native Tree Ordinance, staff has included a condition in the attached resolution which requires either replanting or payment of fees to the tree fund. The applicant shall either replant six (6), five -gallon native trees in the open space of the project site, or make a mitigation payment of $283.33 into the tree fund, or combination thereof. Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 34 -inches 1 2 2 3 3 15 15 Total 34 -inches Total 0 -inches 34 -inches Mitigation Requirement req'd tree replacements: 6 five gal trees req'd tree replacements 0 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees 0 box trees 24" 0 box trees 24" 0 box trees 24" Remaining Mitigation 0 five gal trees Remaining Mitigation 0 five gal trees 0 five gal trees Tree Fund Payment: $ 283.33 Tree Fund Payment: $ f � $ 283.33 1 ITEM NUMBER: 2 DATE: 8-17-10 FINDINGS: In considering any tree removal request, at least one of the required findings must be made. Staff has identified the following finding as appropriate for the application req u est. The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist. CONCLUSIONS: A certified arborist has determined that the subject 34 -inch DBH Live Oak tree is in decline and creates a potential hazard in a high traffic area at the front entry to the Lakes Development. Based on the arborist's evaluation and above analysis, findings can be made to approve the requested removal, subject to the required mitigation. ALTERNATIVES: 1. The Commission may approve the project with additional or revised project conditions. 2. The Commission may deny the project if it is found that the required findings cannot be made. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 — Location Map (General Plan & Zoning) Attachment 2 —Aerial Photo Attachment 3 — Site Photos Attachment 4 — Arborist Tree Survey Attachment 5 — Arborist Email Communication with City Staff Attachment 6 — Letter from Forester, Norman H. Pillsbury, PH. D. Attachment 7 — Draft Resolution PC 2010-0017 ITEM NUMBER: 2 DATE: 8-17-10 ATTACHMENT 1: Location Map (Zoning Map) PLN 2010-1376 / TRP 2010-0142 Open Space at The Lakes development APN 049-022-033 ,t0 / 2955 • Open Space zoning at The Lakes Development / 2965 front entry T N 2950 1 *1 0� (/ 3005 P aseo D e� C ago 3560 M ITEM NUMBER: 2 DATE: 8-17-10 ATTACHMENT 2: Aerial Photo PLN 2010-1376 / TRP 2010-0142 Open Space at The Lakes development APN 049-022-033 a rf � ITEM NUMBER: 2 DATE: 8-17-10 ATTACHMENT 3: Site Photos PLN 2010-1376 / TRP 2010-0142 Open Space at The Lakes development APN 049-022-033 Ik:i. tis §WA .. . , WORD% Visible root decay at the base of the trunk Image of oak tree proposed to be removed 34" Live oak View of tree trunk decay •4 � 1 w f ►t View of tree trunk decay ITEM NUMBER: 2 DATE: 8-17-10 ATTACHMENT 4: Arborist Tree Survey PLN 2010-1376 / TRP 2010-0142 Open Space at The Lakes development APN 049-022-033 TREE SUR VES' MANAGEMENT RECOMMENDA TIONS 7EP--ZF�"4 THE LAKES, ATASCAD E R4 JUNE 2, 2010 BY JEREMY LOWNEY, CERTIFIED ARBORIST #3718 f eremy L,OZ( n elf Arboriculture & Landscaping P.O. BOX 13521, SLO CA 93406 431-0708 ITEM NUMBER: DATE: 8-17-10 ATTACHMENT 4: Arborist Tree Survey PLN 2010-1376 / TRP 2010-0142 Open Space at The Lakes development APN 049-022-033 TITLE PAGE SUMMARY DATA INTERPRETATION TREE INVENTORY DATA SHEETS ITEM NUMBER: 2 DATE: 8-17-10 P9- 3 4 4a -c SUMMARY REPORT OF TREES NEEDING ATTENTION S TREE CHARACTERISTICS MAINTENANCE 6 ITEM NUMBER: DATE: 8-17-10 ATTACHMENT 4: Arborist Tree Survey PLN 2010-1376 / TRP 2010-0142 Open Space at The Lakes development APN 049-022-033 ITEM NUMBER: 2 DATE: 8-17-10 SUMINARY: the Lakes is a remarkable setting full of century oaks! The residents arc lucky to have such a wonderful asset. Some of the Valley Oaks (Quercus 14ohur(j) are over 70 inches in diameter, making them approximately 300 years old. The property is nicely landscaped with many shade trees which give the MOA a comfortable feel that is goxi for thi soul, as well as man• other benefits such as wildlife, shade. temperature ameleoration, clean air, and other aesthetic bcnclits. This report is based upon our survey of all trees ovcr 8" in diameter in the open space areas. The survey and report provides information that will further preserve and protect these valuable trees. The report also offers managcmcnt recommendations to reduce hazards, suggest proper routine pruning, rcmovals, and replanting. "Ihe included spreadsheets are to be used for routine maintenance and monitoring of individual treks. Various attributes of each tree are included, as well as the general location of each tree for simple identification. The oak trccs are numbered by a small aluminum tag (found on the North side above eye level) for ease of identification and information comparison. Contained within this document is information regarding the following: I. Tree Data (Species, Sire, Damages. Pruning needs, Special remarks) 2. Hazards 3. Summary of Trees Needing Immediate Attention 4. Damages 5. Priming 6. General tree management I hope this data will serve you well, and that I can be of service to you for years to come. i suggest that The Lakes inventory the trees every 3 years to monitor their condition and specific needs. if you would like a good tree service recommendation, l would be happy to do so. Thank you for the opportunity to work with your trees and Association. Jeremy Lowney ITEM NUMBER: 2 DATE: 8-17-10 ATTACHMENT 4: Arborist Tree Survey PLN 2010-1376 / TRP 2010-0142 Open Space at The Lakes development APN 049-022-033 DATA INTERPRETATION: phis interpretation is kept simple for ease of understanding for the average person and maintenance personnel. The included spreadsheets are a complete survey of all trees over 8 inches in diameter (or are tagged). The small trees were not identified in the survey because they are not yet a maintenance issue (they can be added in the future). Surve,, Title; Tree Number = Number corresponding to the nwnber on the aluminum tag nailed on the north side of each oak tree. Nails are made of aluminwtt which will not damage the tree. nor damage equipment used for cutting because of the softness of the nails. Location = A brief description of the location or address of each tree. Many are referenced according to the street adjacent Scientific Name = Genus and specie of each tree if available. Common Name DBH = Diameter at Breast Height (4.5 fl above grade) Hazard Rating Three classifications (High. Medium, Low). 4 High = Needs immediate attention. b Medium = Hasa condition whichniabe hazardous, or will be a future problem if not attended to. -0• Low = No known immediate danger. Tree is in good condition according to visual analysis (there may be unforseen flaws within the tree or root system that cannot be detected without further study). Damages = Damage% to the tree or surrounding landscape or structures can vary. Pruning - If pruning is needed, a brief description is given for the type of pruning needed based upon the needs of individual species of trees. Trees needing immediate attention are given a higher hazard rating. Structure prune = prune tree to remove or reduce branches which appear too heavy, weak, are crossing, or are too dense. 0 Thin = Reduce the overall canopy by no more than 30% by removing and reducing branches on the inner and outer crown. •'r Reduce = Cut oft' branch tips to reduce the overall height or spread of the outer crown of the tree. Branches should be cut back to live crotches - also called "drop -crotch -pruning". This is not topping. The amount cut depends upon the specie of tree. Deadwood - Cut out all dead branches and stubs. Lifting = Trimming up the canopy of the tree so that it docs not hang so low to the ground. Streets and sidewalks ought to be cleared 14 feet so that tall vehicles do not damage the tree or the vehicle. Recommendations = Additional information regarding any observed condition in the tree that is significant. Some suggestions may be- given for special conditions. ITEM NUMBER: 2 DATE: 8-17-10 ATTACHMENT 4: Arborist Tree Survey PLN 2010-1376 / TRP 2010-0142 Open Space at The Lakes development APN 049-022-033 SUMMARY REPORT OF TREES NEEDING IMMEDIATE ATTENTION: Trees that require immediate attention are colored Rl 1 ) on the spreadsheet. They can be identified by the number tab on the tree. These trees are hazardous to pedestrians or structures due to a defect in the tree, or they may be dead and liuble to full. The trees colored identify tn-es that have or will have problems. The ones in the spreadsheet are primarily trees that are imbalanced or have poor structure. or may be in a state of decline that indicates root or trunk problems. For example, many of the Purple Robed Locust trees are highlighted in ORANGE because they ane having many problems due to limb failure caused by physical anomalies and gr►wth characteristics that require proper corrective pruning for good structure. They arc also grafted trees that have some gralling problems, causing hath issues at the base. In some areas where the topsoil is washed away, the roots arc exposad to sunlight. causing them to sucker sprout from another species of locust tree root stalk that has abundant thorns. "(hese [roes need soil rebuilt over the roots and cleaning out of suckers. ITEM NUMBER: 2 DATE: 8-17-10 ATTACHMENT 4: Arborist Tree Survey PLN 2010-1376 / TRP 2010-0142 Open Space at The Lakes development APN 049-022-033 TREE CHARACTERISTICS Coast Live Oak: The large live oaks (Quercus agrifoliu), primarily near the entry to the property are very mature trees. The front entry was built around these oaks to take advantage of the aesthetic beauty of these trees. In doing so, the grading, pavement, curbs, and utilities were excavated in the critical root zone (Dripline + half the distance of the dripline). As a result, the trees have significant root damage - most likely introducing pathogens in the roots, and causing the decline in the crowns on some trees. One trees is a hared and should N removed. The others will require frequent pruning to reduce the weight on the branches to minimize branch, root and trunk failure. Mulching the root zone of these trees will also build up an organic layer that is like the natural environment for these trees and will maintain adequate moisture without irrigation. Do not irrigate oaks that are established. Pruning: The proper way to prune a (bast Live Oak is to primarily deadwood the tree. thin or reduce only the heavy branches, but to keep a full crown. This should he done during more dormant periods (though these trees arc evergreen), such as in the tall and winter months. No more than 20% of the live crown should be removed at any time. The large Coast Live Oaks near the entry at 'I he Lakes have been overpruned, causing them to decline and to sucker sprout from the trunks and scaffolding branches where they are exposed to sunlight. Valley Oak: Valley oak (Quercus lolwru) is a very large specie of deciduous oak. It grows in flat areas with deep soils and abundant soil moisture. Some of the trees at The lakes are over 300 years old, over b feet in diameter, and over 80 feet tall. Thee are very large specimens that are a huge asset to the community. Mulching the root none of these trees will also build up an organic layer that is like die natural environment for these trees and will maintain adequate moisture without irrigation. Do not irrigate oaks that are established. Pruning: The proper way to prune a Valley Oak is to dcadwood the tree. thin or reduce only the heavy branches, and to reduce weight on elongated branches that appear to lack structure. Narrow crotches should be pruned out at an early age so that large split -outs do not occur as in many of these large trees. No more than 30% of the live crown should be removed at any time. Pruning should be done during the dormant periods when the leaves Itave fallen. Some of the trees were improperly pruned, leaving big stubs. torn cuts where undercuts were not made, and ovcrpruncd. Suckering has resulted from ovcrpruning in many of the trees. Other: Other species of trees that are young primarily require good structure and safety pruning. Some arras the trees were planted too close together and may require thinning removals in the near future. ITEM NUMBER: 2 DATE: 8-17-10 ATTACHMENT 4: Arborist Tree Survey PLN 2010-1376 / TRP 2010-0142 Open Space at The Lakes development APN 049-022-033 MAINTENANCE: Maintenance of this quantity of trees can be costly. But one must also consider the cost of not maintaining the trees. Non -maintenance leads to failure, unsightly trees, and potential for lawsuits. Maintained trees arc aesthetically pleasing, safe, and increase property values and park values. Early Pruning Pruning trees in the first couple years of planting can help avoid future structure problems, but must be done by qualified professionals. Young trees require very little pruning if given a good structure in the beginning. "Catching up" on mature trees after no or improper pruning is more expensive. A routine maintenance schedule for blocks of trees is suggested, starting with the most har xdous identified trees. Lar eg Trees Maintenance of large trees is much more costly than small trees, at an cxponcntial rate. Some large trees (such as the large oaks) have very valuable benefits and should be well-maintaincd. if pruned properly, they should not need to be pruned more than every 3 years. Putting them on a rotation will likely reduce the overall cost of maintenance. Pruning should be done by certified or quality arborists that have a reputation for proper pruning, riot jL a experience. Pruning of Larggr Trees Pruning is an art and science. Each tree needs to be pruned according to the individual needs of the specie and structure of the tree. Fact and cheap pruning leads to thinning of inner branches and very little "tipping back" of the outer crown of the tree. This leads to elongated and weak branches that arc heavy and prone to fail. pnmine must be done on the outer crown of each tree in most cases. but not topping. Tonpinglcads Lgliyy.>~Lproblems down the road. However. reduction of branchee to alternate leaders is a good practice for reducing the weight of the cro%vn of the tire. Structure pruning (pruning for good spacial arrangement of branches) also helps remove crossing branches and tight "V" crotches which lead to failure. Gencra Deciduous trees (those that lose their leaves in fall) should be pruned only during the dormant season (after leaf -drop). F vergreens can be pruned any time of year, but also do well when pruned in cooler months when sap flow is decreased. Squirrels An overabundance of squirrel activity can lead to some root problems in the oaks. At The Lakes it does not appear that the ground squirrels arc highly invasive or doing damage. They have played an important role in oak forests for a very long time. They even aid in planting acorns for the next generation. ITEM NUMBER: 2 DATE: 8-17-10 ATTACHMENT 4: Arborist Tree Survey PLN 2010-1376 / TRP 2010-0142 Open Space at The Lakes development APN 049-022-033 Coast Live Oak Tree - Lakes of Atascadero Recommendation: Immediate Removal Surveyor: Jeremy Lowney, Arboriculture &- Landscaping Arborist 03718 June, 2010 ITEM NUMBER: DATE: 8-17-10 ATTACHMENT 4: Arborist Tree Survey PLN 2010-1376 / TRP 2010-0142 Opp ITEM NUMBER: 2 DATE: 8-17-10 ATTACHMENT 5: Arborist Email Communication with City Staff PLN 2010-1376 / TRP 2010-0142 Open Space at The Lakes development APN 049-022-033 Dear Callie, The oak is a 34" diameter Coast Live oak located in the center of the road at the entry to the Lakes. The tree was damaged by road construction and resricted to a small planting area. The road covers the root system which will cause the unevitable decline of the tree over time. The tree appears reasonably healthy in the crown now, but the roots have been significantly damaged by the road construction, making this tree unstable and likely to fail in the roots. In addition, the root cutting greatly increases the chances of root decay and increased potential for failure. Because the tree is unstable, and in such a high traffic area, I recommended that the tree be removed. Jeremy La,mey, Certified Arborist #3718 Thank you all for your consideration. I will be available by email if you have any further questions. For the removal of the tree, and future tree pruning or removal needs, I recommend Greenvale Tree Service from SLO unbl I return. Jeremy Lowney ITEM NUMBER: 2 DATE: 8-17-10 ATTACHMENT 6: Norman H. Pillsbury, PH. D. Letter PLN 2010-1376 / TRP 2010-0142 Open Space at The Lakes development APN 049-022-033 NORMAN H. PILLSBURY, PH. D. CONSULTING FORESTER 3101 CIELO GRANDE ATASCADERO, CA 93422 August 9, 2010 The City of Atascadero Atascadero, CA 93422 To Whom it May Concern: This letter is in regard to the coast live oak (Quercus agrijolia N6e) tree located in the middle of the road entry to The Lakes community of Atascadero, otherwise tagged as. Tree #2. 1 have read the arborist report stating that the tree is of low quality and should be removed. I have studied and researched oak trees in central California for over 30 years and I wanted to make sure this tree indeed required removal before doing so. I have examined the tree and found that both the root system and crown are in extremely poor health. The root system has been adequately described by arborist Jeremy Lowncy. thus I'll speak about the condition of its crown. The crown has thinned dramatically in the past two years and with the weight that coast live oak branches obtain, it is no longer safe for our residents to drive under the tree every day as they ingress and egress our only entry gate. A strong wind, or rain with wind, would be capable of breaking loose upper branches potentially causing vehicle damage, and even death. Therefore, from the standpoint of safety, I concur that it must be re- moved. As I am also the President of The Lakes Homeowner's Association, we would like to plant five -to -ten coast live oak seedlings on our common area as a replacement. They would be located near irrigation lines to assure succcess. We have used this strategy in the past when trees required removal or died. Our large oak trees rep- resent our heritage and replanting is the only option for maintaining the aesthetics and wildlife value that they provide over time. If you have any questions, please do not hesitate to ask. Sincerely, Norman H. Pillsbury, Ph. D. Forestry professor. Cal Poly State University Registered Professional Forester, Licensed by the State Board of Forestry, Sacramento (#1807) Member, Society of American Foresters since 1976 (#8255) Co-founder of the Urban Forestry Institute, Cal Poly State University President, The Lakes Homeowner's Association Attachment (photos of tree) ITEM NUMBER: 2 DATE: 8-17-10 ATTACHMENT 6: Norman H. Pillsbury, PH. D. Letter PLN 2010-1376 / TRP 2010-0142 Open Space at The Lakes development APN 049-022-033 Page 2 4.{ Dead branches appearing in the rrown sig- nip- weakness and probability of breakage and dmnage to vehicles below. Note the very sparse and thin tree crown. especialh. compared to adjacent healthy trees. I ITEM NUMBER: 2 DATE: 8-17-10 ATTACHMENT 6: Norman H. Pillsbury, PH. D. Letter PLN 2010-1376 / TRP 2010-0142 Open Space at The Lakes development APN 049-022-033 P.: r Adjacent dense crown (normal) on left. Thin, sparse crown on Tree #2 on right. ITEM NUMBER: 2 DATE: 8-17-10 ATTACHMENT 7: Draft Resolution PC 2010-0017 PLN 2010-1376 / TRP 2010-0142 DRAFT RESOLUTION NO. PC 2010-0017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2010-1376 / TRP 2010-0142, TO ALLOW THE REMOVAL OF ONE (1) HAZARDOUS LIVE OAK TOTALING 34 INCHES DBH LOCATED AT THE FRONT ENTRY TO THE LAKES AT APN 049-022-033 (THE LAKES HOA / VICKERY) WHEREAS, an application was received from The Lakes of Atascadero HOA, c/o Mark IV Property Management, 5735 El Camino Real #H, Atascadero, CA 93422, (Property Owner) and Shelly Vickery, 3091 Cielo Grande, Atascadero, CA 93422 (Applicant), for a Tree Removal Permit to remove one (1) hazardous Valley Oak totaling 34 inches DBH; and, WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on August 17, 2010, at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1. Findings for tree removal. The Planning Commission finds as follows: ■ The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 17, 2010, resolved to approve Tree Removal Permit 2010- 0142, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tree Mitigation Chart ITEM NUMBER: 2 DATE: 8-17-10 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: ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA Heather Moreno Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER: DATE: 8-17-10 EXHIBIT A: Conditions of Approval / Mitigation Monitoring PLN 2010-1376 / TRP 2010-0142 Conditions of Approval Timing Responsibility /Monitoring PLN 2010-1372 / TRP 2010-0142 FM; Final Malp BL: Business License GP: Grading Permit BP: Building Permit PS: Planning Services BS: Building Services FD: Fire Department Open Space at The Lakes development APN 049-022-033 FI: Final Inspection PD: Police Department TO: Temporary Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney Standard Planning Conditions 1. The approval of this application shall become final, subject to the Tree removal PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. The applicant and/or subsequent owners shall defend, indemnify, and hold On going PS harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the proposed development. 3. The applicant shall pay $288.33 into the tree mitigation fund or replant six Tree removal PS (6), 5 -gallon native trees on-site, or combination of fees and replanting. Mitigation shall be paid prior to removal of the tree. ITEM NUMBER: 2 DATE: 8-17-10 EXHIBIT B: Tree Mitigation Chart Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 34 -inches 1 2 2 3 3 15 15 Total 34 -inches Total 0 -inches 34 -inches Mitigation Requirement req'd tree replacements: 6 five gal trees req'd tree replacements 0 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 fifteen gal trees Of ifteen gal trees 0 fifteen gal trees 0 box trees (24") 0 box trees (24") 0 box trees 24" Remaining Mitigation 0 five gal trees Remaining Mitigation 0 five gal trees 0 five gal trees Tree Fund Payment: $ 283.33 Tree Fund Payment: $ f $ 283.33 I ITEM NUMBER: 3 DATE: 5-17-1n A tascadero Planning Commission Staff Report - Community Development Department Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo(patascadero.org Land Use Descriptions Zoning Ordinance Study Session (City of Atascadero) SUBJECT: This is a study session item; no formal action will be taken. This report includes an overview of the adopted Zoning Ordinance land use descriptions and how these fit in the context of allowable uses and conditionally permitted uses within zoning districts. This is an opportunity for the Planning Commission to provide staff with comments and concerns regarding the Zoning Ordinance. BACKGROUND: On July 20, 2010, the Planning Commission recommended for approval Citywide zoning text amendments. During this meeting, several Planning Commissioners expressed interest in further modifying Article 29, Land Use Descriptions. The Planning Commission directed staff to place an item on a future agenda for the Planning Commission to analyze any additional amendments that may be warranted to the Land Use Descriptions, and explore the feasibility of amending additional sections connected to the land use descriptions. Staff has performed initial research on potential land use description amendments in connection with proposed amendments. None of these amendments have materialized into a substantial land use description code text change. This may be an appropriate time for the Planning Commission to direct staff on potential amendments to the land use descriptions and allowable/permitted uses. The intent of these potential amendments including the following: • Make these sections easier to interpret; • Purging uses that are no longer considered viable; • Provide definitions for uses that are allowed/conditionally allowed but have no existing definition; • Potentially examining how this information is presented to the public. ITEM NUMBER: 3 DATE: 8-17-1n ANALYSIS: Land Use Descriptions The Land Use descriptions in Chapter 3 of the Zoning Ordinance contain descriptions of the types of uses that may be permitted in the City. The uses described in this section enable planning staff to make determinations of permitted, conditionally permitted or non -permitted uses for each zoning district. Planning staff utilizes the land use descriptions to provide the correct information to applicants in regards to the entitlement process for a particular use. The existing land use descriptions define very specific uses such as "skilled nursing facilities" to very broad descriptions such as "general merchandise". Portions of this section have already been amended to reflect more modern uses such as the "personal services" while other descriptions have remained in the code despite no presence or ability to locate such facilities within the City Limits such as "fisheries and game preserves." Some of these descriptions reflect uses that were allowed in the County but may not have been located within the City prior to incorporation. Definitions that may need to be reviewed are highlighted as a part of Attachment 1. Additionally, the code contains uses that are permitted, yet no descriptions for such a uses are in the code. This is a particular problem in the Downtown Office (DO) and Downtown Commercial (DC) zoning districts. The following are some uses that are allowed or conditionally permitted but have no definitions or descriptions: • Research and Development (R&D) • Studios -art, dance, martial arts, music, etc. • Live/work projects • Senior Citizen Housing • Artisan Shops • ATMs • Child/Adult Day Care The land use descriptions enable planning staff to make a determination that a use is permitted within a zoning district. These definitions are the first steps in the entitlement process and guide planning staff to make decisions on the type of permits necessary. Some uses will continue to require very strict definitions such as "adult-oriented businesses," "personal services -restricted," and "single-family dwelling" while other uses should be broad to allow discretion by both the Planning Commission and staff interpretation. This includes manufacturing uses, retail uses and office -type uses. The Planning Commission should take this into consideration if providing staff direction on potentially moving forward with additional amendments to this section. ITEM NUMBER: 3 DATE: 8-17-1n Implementation of Land Use Descriptions Staff utilizes land use descriptions to direct applicants on the necessary permits for entitlement. Allowed uses are believed to be consistent with neighborhood character, thus generally have a shorter entitlement process. Uses that are determined to be "allowed" simply require a building permit. An applicant submits a set of plans that is reviewed by staff to determine conformance with applicable performance standards in the Zoning Code and the adopted California Building Code, or simply requires a business permit if no improvements are necessary. Uses that are determined to be "conditionally permitted" require an applicant to seek a Conditional Use Permit (CUP) in order to utilize a particular use on a parcel. Although these uses are allowed, a closer examination of the use is necessary to avoid conflicts with the surrounding neighborhood or conversely, the uses creates potential impacts that staff need to manage, even though the use fits the context of applicable zoning district. The entitlement process consists of first obtaining the CUP, then proceeding to the building permit process and meeting conditions of approval as determined by the Planning Commission. With a potential revision to the land use descriptions, the Planning Commission may direct staff on what uses are appropriate for certain zoning districts. Examples of some uses that may need to be examined include permitting "personal services" in residential zones, or "amusement services" in the Downtown Commercial Zoning District. With revised definitions, the Planning Commission can direct staff to review uses that are permitted or conditionally permitted and ensure that the uses fit the intent of the zoning district. Formatting of the Zoning Ordinance Although the Zoning Ordinance may be difficult to understand for some applicants, the intent is to create a document that any resident or applicant can view and understand the basic fundamentals of what is permitted, what is conditionally permitted or what is not allowed in a particular zoning district. This information should be easily presented in the adopted Zoning Ordinance. The existing ordinance is structured so that each individual zoning district lists permitted and conditionally permitted uses. One must flip back and forth to determine if a use such as a "bar and tavern" is permitted in the Commercial -Retail (CR) and Commercial -Neighborhood (CN) zones. This makes it difficult for applicants and staff to interpret uses, especially when assisting customers at the counter or for those individuals performing due diligence where a business may be located. Article 13, Downtown Zone is an example of the type of organization that the City's code should emulate. Uses are listed with a side by side comparison of where one can locate within the downtown, as illustrated in Attachment 2. This chart, coupled with an easy to read setback chart located directly below uses creates a very easy to use format for staff, residents, and applicants. ITEM NUMBER: 3 DATE: R -17-1n CONCLUSION: Only a few land use descriptions have been modified over the years while others have remained in place that describe uses that are no longer viable in either the retail market or industrial sector. A comprehensive update of our land use descriptions will enable staff to better interpret uses that are more prevalent now and ensure definitions are less rigid for certain uses that City deems as vitally important to its growth and prosperity. With a comprehensive update, staff can properly review whether uses are located in appropriate zones. This review will ensure uses meet residents and the City's expectations for such strategic locations such as the Downtown and the EI Camino Real Commercial Corridor. Finally, an opportunity exists to re -organize the Zoning Code to be more "user friendly". This reorganization should emulate the format of the Downtown Zoning Section and give staff, residents, and applicants the ability to easily review permitted uses within a zoning district, as well as the opportunity to group "use tables" within proper categories such as residential, non- residential, and public facilities/use sections. Staff is recommending that the Planning Commission provide direction to the type of amendments the Commission would like brought forth to a future meeting to bring the City's Zoning Ordinance to a more user friendly and modern format. ATTACHMENTS: Attachment 1: Existing Title 9 -Article 29, Land Use Descriptions Attachment 2: Existing Title 9 -Article 13, Downtown Zone 1 Attachment 3: Existing Permitted and Conditionally Permitted Uses Attachment 4: City Zoning Matrix Handout Attachment 5: Example Use Table City of Arcata ITEM NUMBER DATE: 8-17-10 Attachment 1: Existing Title 9 -Article 29, Land Use Descriptions Article 29. Land Use Descriptions 9-3.701 Purpose. This section contains descriptions of the types of land uses which can be established under this article. The uses described here are allowed in the various zoning districts established. The description of land uses are intended only to list the various land uses included under each general heading and do not explain what permit requirements or performance standards may be applicable to a given use. Accessory Storage. The indoor or outdoor storage of various materials on the same site as a principal building or land use which is other than storage, which supports the activities or conduct of the principal use. Agricultural Accessory Uses. Includes any use that is customarily part of an agricultural activity and is clearly incidental and secondary to that activity and does not change the character of the agricultural use. Agricultural accessory uses include grazing, crop production to feed animals, and related storage of vehicles and personal property, and accessory structures including barns, stables and corrals. Ag Processing. Establishment performing a variety of operations on crops subsequent to their harvest, with the intent of preparing them for market or further processing and packaging at a distance from the agricultural area including: alfalfa cubing; hay baling and cubing; corn shelling; drying of corn, rice, hay, fruits and vegetables; grain cleaning and custom grinding; custom grist mills; custom milling of flour, feed and grain; sorting, grading and packaging of fruits and vegetables; tree nut hulling and shelling; cotton ginning; and wineries. Amusement Services. Establishments providing indoor amusement or entertainment on payment of a fee or admission charge, such as: arcades and coin-operated amusements; card rooms, billiard and pool halls as a primary use; alleys; ice skating and roller skating; dance halls, and ballrooms which are principal uses rather than being subordinate to an eating or drinking place; gymnasiums, reducing salons, health and exercise facilities that do not include courts or similar facilities designed for tennis, handball, racquetball or similar indoor participation sports. Animal Hospitals. Establishments primarily engaged in performing services for animals, including veterinary services and animal hospitals. Does not include kennels, which are listed as a separate category. Apparel and Finished Products. Manufacturing establishments, known as the cutting -up and needle trades, producing clothing and fabricating products by cutting and sewing purchased woven or knit textile fabrics, plastics and furs. Included in the apparel industries are three (3) types of establishments: (i) "regular" or inside factories; (2) contract factories; and (3) apparel jobbers. Regular factories perform all of the usual manufacturing functions within their own plant; the contract factories manufacture apparel from materials owned by others; and apparel jobbers perform the entrepreneurial ITEM NUMBER DATE: 8-17-10 Attachment 1: Existing Title 9 -Article 29, Land Use Descriptions functions of a manufacturing company, such as buying raw materials, designing and preparing samples, arranging for the manufacture of the garments from their materials and selling of the finished apparel. Also includes leather and leather products, tanning and finished products. Custom tailors and dressmakers not operating as a factory are not included. Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments selling new and used automobiles, including, but not limited to, light trucks (US DOT Class 1, 2, and 3), boats (FBSA Class A and Class 1 boats (under twenty-six (26) feet in length)), recreational vehicles, recreational/utility trailers, motorcycles and mopeds. Also includes establishments selling new parts and accessories within a building for the above. Does not include establishments dealing exclusively in used parts. Includes automobile repair shops only when maintained by establishment engaged in the sale of vehicles on the same site. Does not include "service stations," which are separately defined. Auto Repair and Services. Service establishments primarily engaged in the repair, alteration, painting, washing or waxing of automobiles. May also include rental of cars, trucks or trailers; leasing of cars and trucks. Does not include repair shops which are subordinate to and maintained by a vehicle dealership. Bar/Tavern. Establishments where alcoholic beverages are sold for on-site consumption, which is not part of a larger restaurant. Includes bars, taverns, pubs, night clubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery, and other beverage tasting facilities. Does not include adult entertainment businesses. Bed and Breakfast. Transient lodging establishments primarily engaged in providing overnight or otherwise temporary lodging for the general public. Such establishments provide limited meal service, generally breakfast, for lodgers. Broadcasting Studios. Communications uses including radio, television, telegraph and telephone broadcasting and receiving stations which are facilities and equipment enclosed entirely within buildings, except for accessory transmission facilities such as antennas, satellite receiving dishes and similar transmission and receiving apparatus. Building Materials and Hardware. Retail trade establishments primarily engaged in the sale of lumber and other building materials, including paint, wallpaper, glass, hardware, nursery stock, lawn and garden supplies. Includes all such stores selling to the general public, even if sales to contractors account for a larger proportion of total sales. Establishments primarily selling plumbing, heating, and air conditioning equipment and electrical supplies are classified in "Wholesaling and Distribution." ITEM NUMBER DATE: 8-17-10 Attachment 1: Existing Title 9 -Article 29, Land Use Descriptions Business Support Services. Service establishments housed primarily within buildings, which provide particular businesses with services that are maintenance and repair related, service oriented, testing, rental, etc. This group includes: outdoor advertising services; mail advertising services (reproduction and shipping); blueprinting, photocopying, photofinishing, commercial art and design (production); services to structures, such as window cleaning, exterminators, janitorial services; heavy equipment and business equipment repair services including welding repair and armature rewinding and repair (except vehicle repair which is included under "Auto Repair and Service"); computer related services (rental, repair, and maintenance); research and development laboratories, including testing facilities; protective services (other than office -related); equipment rental yards are included under "Vehicle and Equipment Storage" and which include the leasing of tools, machinery and other business items, except vehicles; trading stamp services: repair of large size consumer products including major appliances; and other business services that may be of a "heavy service" nature. Caretaker Residence. A permanent residence that is secondary or accessory to the principal use activity occurring on a property. A caretaker dwelling is used for housing a caretaker employed on the site of any nonresidential use where a caretaker is needed for security purposes or to provide twenty-four (24) hour care or monitoring of plants, animals, equipment, or other conditions on the site. Also includes separate quarters for servants who are employed by the occupant of the principal dwelling on the property. Does not include housing for caretaker -type employees in the Agriculture Zone which is defined as "Farm Labor Quarters." Cemeteries. Interment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries and cemetery, mausoleum and columbarium operations. Excludes funeral parlor and related facilities which are listed under "Funeral Services." Chemical Products. Manufacturing establishments producing basic chemicals and establishments manufacturing products predominantly by chemical processes. Establishments classified in this major group manufactures three (3) general classes of products: (1) basic chemicals such as acids, alkalis, salts, and organic chemicals; (2) chemical products to be used in further manufacture such as synthetic fibers, plastic materials, dry colors, and pigments; (3) finished chemical products to be used for ultimate consumption such as drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries such as paints, fertilizers and explosives. Churches and Related Activities. Religious organization facilities operated for worship or for promotion of religious activities, including churches and religious Sunday -type schools. Other establishments maintained by religious organizations, such as educational institutions, hospitals and other operations that may be considered commercial in nature if not run by the religious organization (such as a recreational camp) are classified according to their respective activities. ITEM NUMBER DATE: 8-17-10 Attachment 1: Existing Title 9 -Article 29, Land Use Descriptions Collection Stations. Facilities for the temporary accumulation and storage of recyclable discarded materials, which are subsequently transported to recycling centers or solid waste disposal sites for further processing. Does not include automobile wrecking yards or any recycling processing facilities, which are listed under "Recycling and Scrap." Does not include temporary storage of toxic, mutagenic or radioactive waste materials. Concrete, Gypsum, and Plaster Products. Manufacturing establishments primarily engaged in producing concrete building block, brick and all types of pre -cast and prefab concrete products. Also includes ready -mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, such as plasterboard. Contract Construction Services. Service establishments primarily engaged in construction, including new work, additions, alterations, and repairs. Construction activities are generally administered or managed from a relatively fixed place of business, but the actual construction work is performed at one or more different sites which may be dispersed geographically. Three (3) broad types of construction activity are covered: building construction by general contractors or by operative builders, other construction by general contractors, and construction by special trade contractors such as electrical, air conditioning and plumbing contractors, or others such as well drilling services. The installation of prefabricated buildings and equipment is also included. Crop Production and Grazing. Agricultural uses including the production of grains, field crops, vegetables, melons, fruits, tree nuts, flower fields and seed production, tree and sod farms, crop services and crop harvesting. Also includes the raising or feeding of beef cattle, sheep and goats by grazing or pasturing. Does not include feedlots, which are not allowed. Eating and Drinking Places. Restaurants and other establishments selling prepared foods and drinks for consumption on the premises, as well as facilities for dancing and other entertainment which are secondary and subordinate to the principal use of the establishment as an eating and drinking place. Also includes lunch counters and refreshment stands selling prepared goods and drinks for immediate consumption. Restaurants, lunch counters, and drinking places operated as subordinate service facilities within other establishments are not included here unless they are operated as leased departments by outside operators. Does not include establishments with drive-through facilities. Eating and Drinking Places with Drive -Through Facilities. Establishments which include points of service where customers are served prepared food without leaving their vehicles. ITEM NUMBER DATE: 8-17-10 Attachment 1: Existing Title 9 -Article 29, Land Use Descriptions Electronic and Scientific Instruments. Manufacturing and establishments producing instruments (including professional and scientific) for measurement, testing, analysis and control, and their associated sensors and accessories; optical instruments and lenses; surveying and drafting instruments; surgical, medical, and dental instruments, equipment, and supplies; ophthalmic goods; photographic equipment and supplies; and watches and clocks; and electrical instruments, components and equipment including integrated circuits, semiconductors, calculators and computers. Farm Animal Raising. The keeping, feeding or grazing of animals as an avocation, hobby, or school project, subordinate to the principal residential use of a property, includes species commonly considered as farm animals as well as exotic species, but does not include household pets. See also "Livestock Specialties." Farm Equipment and Supplies. Establishments primarily engaged in the sale or rental of agricultural machinery and equipment for use in the preparation and maintenance of the soil, the planting and harvesting of crops, and other operations and processes pertaining to work on the farm; also dairy and other livestock equipment. Includes agricultural machinery, dairy farm machinery and equipment, irrigation equipment, poultry equipment and frost protection equipment; hay, grain and feed sales. Farm Labor Quarters. Includes residences, rooming houses and boardinghouses and mess halls for farm workers employed on land owned by the owner of the building site on which the quarters are located. Financial Services. Service establishments primarily engaged in the field of finance, including: banks and trust companies; credit agencies other than banks; brokers and dealers in securities and commodity contracts; security and commodity exchanges; holding (but not predominantly operating) companies; and other investment companies. Fisheries and Game Preserves. Resource extraction operations engaged in commercial fishing (including marine -related animals, mammals, etc.) and the operation of fish hatcheries, fish and game preserves and game propagation. Food and Beverage Retail Sales. Retail trade establishments primarily engaged in selling food for home preparation and consumption, as well as the retail sale of packaged alcoholic beverages for consumption off the premises, including wine tasting facilities which are not on the same site as the winery. ITEM NUMBER DATE: 8-17-10 Attachment 1: Existing Title 9 -Article 29, Land Use Descriptions Food and Kindred Products. Manufacturing establishments engaged in producing or processing foods and beverages for human consumption and certain related products. Includes: (1) meat and poultry products (slaughtering, canning, and curing and by-product processing); (2) dairy products processing; (3) canned and preserved fruit and vegetables and related processing; (4) grain mill products and by- products; (5) bakery products, sugar and confectionery products; (6) fats and oil products; (7) beverages and liquors (except wineries, which are included under "Ag Processing"); and (8) miscellaneous food preparation from raw products. Operations on crops subsequent to their harvest are included under "Ag Processing." Forestry. Establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, and related activities such as reforestation services; also the gathering of gum barks, sap, moss and other forest products. Does not include logging camps. Fuel and Ice Dealers. Retail trade establishments primarily engaged in the sale to consumers of coal, wood, ice, fuel, oil and liquefied petroleum gas (LPG), bottled or in bulk. Funeral Services. Establishments with facilities for the preparation of the dead for burial or cremation and for the holding of funeral observances and services. Accessory facilities may include a cemetery, columbarium or mausoleum. Includes: funeral homes and parlors, mortuaries and related facilities. Furniture and Fixtures. Manufacturing establishments producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Furniture, Home Furnishings and Equipment. Retail trade establishments primarily engaged in selling furnishings for the home, such as furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators and other household electrical and gas appliances. Establishments selling electrical and gas appliances are included only if the major part of their sales consist of articles for home use. Also includes retail sale of office furniture, as well as music stores. General Merchandise Stores. Retail trades included in this group are department stores, variety stores, drug and discount stores, general stores, etc., engaged in retail sales of many lines of new and used merchandise, including: dry goods; apparel and accessories; furniture and home furnishings; small wares; hardware; sporting goods and equipment; bicycles, parts and accessories. Also includes sales of miscellaneous shopping goods such as: books; stationery; jewelry; hobby materials, toys and games; cameras and photographic supplies; gifts, novelties and souvenirs; luggage and leather goods; fabrics and sewing supplies; florists; cigar and newsstands; artists' items (stores for which may include space for crafting operations when such area is subordinate to the retail sales); and other miscellaneous retail shopping goods. ITEM NUMBER DATE: 8-17-10 Attachment 1: Existing Title 9 -Article 29, Land Use Descriptions Glass Products. Manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Does not include artisan and craftsman type operations of a larger scale than home occupations, which are listed under "Small Scale Manufacturing." Health Care Services. Service establishments primarily engaged in furnishing medical, mental health, surgical and other personal health services including: medical, dental and psychiatric offices (mental health) related services, including various types of counseling practiced by licensed individuals other than medical doctors or psychiatrists, or unlicensed individuals, are included under "Offices"; medical and dental laboratories; outpatient care facilities; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included. Also includes hospitals and similar establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services; such establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. Nursing homes and similar long-term personal care facilities are classified in "Residential Care." Home Occupations. The gainful employment of the occupant of a dwelling, with such employment activity being subordinate to the residential use of the property. Horticultural Specialties. Agricultural establishments primarily engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Also includes establishments engaged in the sale of such products, i.e., wholesale and retail nurseries. Hotels, Motels. Commercial transient lodging establishments, including hotels, motor hotels, motels, tourist courts or cabins, primarily engaged in providing overnight or otherwise temporary lodging, with or without meals, for the general public. Such establishments shall not provide kitchen facilities in more than twenty-five percent (25%) of the units. Indoor Recreation Services. Facilities for various indoor sports and recreation, including: bowling alleys; ice skating and roller skating; gymnasiums, health and athletic clubs; tennis, handball, racquetball and similar indoor sports; shooting and archery ranges; recreation and community centers. Kennels. A lot, building, structure, enclosure or premises where four (4) or more dogs or cats (four (4) months of age or older) are kept or maintained, including the keeping of such animals for sale, for commercial breeding or for lodging and care for which a fee is charged. Does not include dogs and cats kept for noncommercial purposes, including hunting and herding livestock, which are allowed as residential accessory uses. ITEM NUMBER DATE: 8-17-10 Attachment 1: Existing Title 9 -Article 29, Land Use Descriptions Laundries and Dry Cleaning Plants. Service establishments primarily engaged in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pickup stores without dry cleaning equipment, which are classified in "Personal Services." Libraries, Museums. Permanent public or quasi -public facilities generally of a noncommercial nature such as libraries, museums, art exhibitions, planetariums, aquariums, botanical gardens, arboretums and zoos. Also includes historic sites and exhibits. Light Repair Services. Service establishments where repair of small consumer products is the principal business activity, including: electrical repair shops; television and radio and other small appliance repair; and watch, clock and jewelry repair. Does not include repair or services that are incidental and accessory to retail sales. Does not include businesses serving the repair needs of heavy equipment, or large size consumer products which are included under "Business Support Services." Livestock Specialties. Agricultural establishments primarily engaged in commercial livestock keeping or feeding as a principal land use which, because of operational characteristics, may generate dust, odors or visual impacts which could have an adverse effect upon adjacent properties. Such uses include dairies, chicken, turkey and other poultry farms; animal specialties (such as rabbit farms and other fur -bearing animals); other specialties such as bee farms, aviaries, worm farms, etc. Lumber and Wood Products. Manufacturing and processing uses, including merchant sawmills, lath mills, shingle mills, cooperage stock mills, planing mills, and plywood mills and veneer mills engaged in producing lumber and basic wood products; and establishments engaged in manufacturing finished articles made entirely or mainly of wood or wood substitutes. Also included are: truss and structural beam assembly; wood containers; pallets and skids; wood preserving; particle board assembly; turning and shaping wood and wood products on a manufacturing basis; mobilehome and modular home assembly. Wood and cabinet shops are included in "Furniture and Fixtures." Craft type shops are included in "Small Scale Manufacturing." ITEM NUMBER DATE: 8-17-10 Attachment 1: Existing Title 9 -Article 29, Land Use Descriptions Machinery Manufacturing. Establishments engaged in manufacturing machinery and equipment such as: engines and turbines; farm and garden machinery and equipment (except for secondary assembly of such products which is included under "Farm Equipment and Supplies"); construction, mining and materials handling machinery and equipment such as bulldozers, cranes, dredging machinery, mining equipment, oil field equipment, passenger and freight elevators, conveyors, industrial trucks and tractors; machine tools such as gear cutting machines, die casting machines, dies, jigs, industrial molds, power -driven hand tools; machinery for use in the food products, textile, woodworking, paper or printing industries; general machinery and equipment such as pumps, roller bearings, industrial furnaces and ovens; office, computing and accounting machines such as typewriters, computers, dictating machines; machinery for refrigeration and service industries such as commercial laundry and dry cleaning equipment, heating, ventilating and air conditioning equipment, commercial cooking and food warming equipment; miscellaneous machinery such as carburetors, pistons and valves. Mail Order and Vending. Establishments primarily engaged in retail sale of products by catalog and mail order. Also includes vending machine distributorships and suppliers. Membership Organizations. Organizations operating on a membership basis for the promotion of the interests of the members, including: business associations; professional membership organizations; labor unions and similar labor organizations; civic, social and fraternal organizations (not lodging); political organizations and other membership organizations. Metal Industries, Primary. Manufacturing establishments engaged in the smelting and refining of ferrous and nonferrous metals from ore, pig, or scrap; in the rolling, drawing, and alloying of ferrous and nonferrous metals; in the manufacture of castings and other basic products of ferrous and nonferrous metals; and in the manufacture of nails, spikes, and insulated wire and cable. Merchant blast furnaces and by-product or beehive coke ovens are also included. Mining. Resource extractions establishments primarily engaged in mining, developing mines or exploring for metallic minerals (ores), coal and nonmetallic minerals (except fuels), or surface mines extracting crushed and broken stone, dimension stone or sand and gravel. See also "Stone and Cut Stone Products." Mini -Storage. Buildings containing individual storage areas rented or leased to the general public. Does not include warehousing or exterior storage facilities. Mobilehome Developments. Includes mobilehome parks and mobilehome subdivisions in any area or tract of land where two (2) or more mobilehome lots are leased, rented, or sold to accommodate mobilehomes used for human occupancy. Includes the renting and leasing of overnight or short-term sites for trailers and campers in a mobilehome park provided that such spaces are included in the maximum allowable density and do not constitute more than twenty percent (20%) of the total spaces in the mobilehome park. ITEM NUMBER DATE: 8-17-10 Attachment 1: Existing Title 9 -Article 29, Land Use Descriptions Mobilehome Dwelling. A vehicle without self -propulsion designed and equipped as a dwelling unit to be used with a foundation. Multiple Family Dwellings. Includes a building, or portion of a building, used and/or designed as a residence for two (2) or more families living independently of each other (includes duplexes, triplexes and apartments). Offices. Establishments engaged in performing a service in a professional office including: engineering, architectural and surveying services; real estate agencies; noncommercial educational, scientific and research organizations; accounting, auditing, and bookkeeping services; authors, writers, artists, etc.; advertising agencies; photography studios and small commercial art studios; employment agencies and stenographic services; reporting services; data processing and computer services; management, public relations, and consulting services; detective agencies and other similar professional services; attorneys; and counseling services provided by individuals other than licensed psychiatrists, which are included under "Health Care Services." Organization Houses. Residential lodging houses operated by membership organizations for the benefit of their constituents and not open to the general public. Also includes fraternity and sorority residential houses and religious residential retreats. Outdoor Recreation Services. Facilities for various outdoor sports and recreation, including: amusement and kiddie parks; golf courses, golf driving ranges and miniature golf courses; skateboard parks; go-cart and miniature auto race tracks; tennis courts, swim and tennis clubs and facilities; play lots, playgrounds and athletic fields; recreation and community centers. Paper Products. Includes the manufacture of pulps from wood, other cellulose fibers, and rags; the manufacture of paper and paperboard; and the manufacture of paper and paperboard into converted products such as paper coated off the paper machine, paper bags, paper boxes, and envelopes. Also includes building paper and building board mills. Paving Materials. Manufacturing establishments producing various common paving and roofing materials, including paving blocks made of asphalt, creosoted wood and various compositions of asphalt and tar. Personal Services. Service establishments primarily engaged in providing non -medical -services ' : as a primary 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; day spas and massage therapy where each massage therapist is license by the State, shoe repair shops; saunas and hot tubs; dry cleaning pickup stores piek-up and delivery serwiees; clothing rental; tailors, tanning salons; and , and related aefivities. pet grooming services, and other similar uses. ITEM NUMBER DATE: 8-17-10 Attachment 1: Existing Title 9 -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, but not limited to: check cashing and/or pay day/same day loans; fortune tellers, psychics; palm, tarot and card readers; tattoo and bodX piercing services; pawn shops to which the business of pawn brokering, or the business of lending money upon personal property, pawns or pledges is done, and hot tubs and saunas that are not an accessory to a permitted use. Petroleum Extraction. Resource extraction establishments primarily engaged in: producing crude petroleum and natural gas; recovering oil from oil sands and shales; producing natural gasoline and cycle condensate. Activities include exploration, drilling, oil and gas well operation and maintenance, operation of natural gas and cycle plants, and the mining and extraction of oil from oil sands and shales. Petroleum Refining and Related Industries. Manufacturing and processing establishments primarily engaged in petroleum refining, and compounding lubricating oils and greases from purchased materials. Also includes manufacture of petroleum coke and fuel briquettes and petroleum bulk stations. Petroleum and petroleum products distributors are included in "Wholesaling and Distribution." Pipelines. Facilities primarily engaged in the pipeline transportation of crude petroleum; refined products of petroleum such as gasoline and fuel oils; mixed, manufactured or liquefied petroleum gas; or the pipeline transmission of other commodities, excluding natural gas. Plastics and Rubber Products. Manufacturing establishments producing rubber products such as: tires; rubber footwear•, mechanical rubber goods; heels and soles; flooring; and rubber sundries from natural, synthetic or reclaimed rubber, gutta percha, balata, or gutta siak. Also includes establishments primarily manufacturing tires (establishments primarily recapping and retreading automobile tires are classified in "Auto, Mobilehome and Vehicle Dealers and Supplies"). Also includes establishments engaged in molding primary plastics for the trade, and manufacturing miscellaneous finished plastics products. Primary Family Housing. A secondary dwelling to a single family dwelling which is limited to occupancy by members of the immediate family of the property owner. Immediate family members shall only include grandparents, parents, children, grandchildren, sisters and brothers of the property owner or spouse of the property owner. Public Assembly and Entertainment. Facilities for public assembly and group entertainment such as: public and semi-public auditoriums; exhibition and convention halls; civic theaters and meeting halls; motion picture theaters; legitimate theater facilities for live theatrical presentations or concerts by bands and orchestras; amphitheaters; meeting halls for rent and similar public assembly uses. ITEM NUMBER DATE: 8-17-10 Attachment 1: Existing Title 9 -Article 29, Land Use Descriptions Recreational Vehicle Parks. Transient lodging establishments primarily engaged in renting, leasing or otherwise providing overnight or short-term sites for trailers, campers, or tents, with or without individual utility hookups, but with other facilities such as public restrooms. Does not include incidental camping areas, which are included under "Rural Sports and Group Facilities." Storage,Recycling and Dismantling of Vehicles and Material. Establishments primarily engaged in the storage, assembling, br-eak4ng updismantling, sorting, and distribution of materials, equipment and vehicles. This use maybe located either outdoors or indoors. Includes „ but is not limited to, -auto wrecking yards, vehicle storage areas,aftd vehicle impounds lots, recyclable / waste material storage and transfer facilities. This doesDees not include waste disposal sites, which are separately defined-.4)ee&+.et Vie, or temporary storage of toxic or radioactive waste materials. Recycling Centers. An establishment, which is larger than a "collection station," that serves as a community -wide center for the collection and/or processing of recyclable materials such as glass, paper, plastic, aluminum and metal cans. Residential Accessory Uses. Includes any use that is customarily part of a residence and is clearly incidental and secondary to a residence and does not change the character of the residential use. Residential accessory uses include the storage of vehicles and other personal property and accessory structures including garages, studios and workshops. Residential Care. Establishments primarily engaged in the provision of residential, social and personal care for children, the aged, and special categories of persons with some limits or ability for self-care, including mental and physical limitations, but where medical care is not a major element. Includes: board and care facilities; children's homes; halfway houses; rehabilitation centers; self-help group homes. Retirement Hotel. Establishments primarily engaged in providing lodging facilities limited to the aged where no medical care is provided. Such establishments may provide housekeeping and meals to the residents. Roadside Stands. Open structures for the retail sale of agricultural products (except hay, grain and feed sales which are included under "Farm Equipment and Supplies") which are located on the site or in the area of the property where the products being sold were grown. Rural Sports and Group Facilities. Establishments supporting special group activities such as: archery, pistol, rifle, and skeet clubs and facilities; dude ranches; health resorts including outdoor hot spring, spa or hot tub facilities; hunting and fishing clubs; recreational camps; group or organized camps; incidental, seasonal camping areas without facilities; equestrian facilities, including riding academies, schools, stables and exhibition facilities. ITEM NUMBER DATE: 8-17-10 Attachment 1: Existing Title 9 -Article 29, Land Use Descriptions Sales Lots. Sales lots consist of any outdoor sales area for permanent display of motorized farm equipment, boats (FBSA Class 3 and 4 boats (over twenty-six (26) feet in length)), heavy commercial trucks (US DOT Class 4 through 8), mobilehomes, construction equipment, or other heavy equipment; outdoor equipment rental yards; or large scale temporary or permanent outdoor sales activities, including, but not limited to, swap meets and flea markets. Schools—Business and Vocational. Business and secretarial schools; vocational schools offering specialized trade and commercial courses; specialized nondegree granting schools, such as: music schools; dramatic schools; language schools; driver education schools; ballet and other dance studios; and establishments furnishing educational courses by mail. Schools. An institution or establishment that provides a program of instruction and teaching services. Includes: preschools, nursery schools and day care centers; elementary and secondary schools serving grades K through 12 (or portions thereof); junior colleges, colleges and universities; and similar education institutions. Does not include Sunday schools which are permitted under "Churches and Related Facilities." Service Stations. Retail trade establishments primarily engaged in the sale of gasoline, which may also provide lubrication, oil change and tune-up services incidental to gasoline sales. May also include a towing service but does not include storage of wrecked or abandoned vehicles, paint spraying body and fender work, or trailer and equipment rental, unless rental uses are allowed in the subject zoning district as "Storage Yards and Sales Lots." Does not include the retail sale of gasoline as a subordinate service to a liquor store unless such sale includes more than two (2) pumps. Sexti Jly-Adult Oriented Business. Any business defined by the Atascadero SexttaH�Adult 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, sexual encounter establishment, or nude model studio is a sexually oriented business. Single Family Dwelling. A detached building designed for and/or occupied exclusively by one family. Does not include mobilehome dwellings which have a separate description. Skilled Nursing Facility. Residential establishments primarily engaged in providing nursing and health-related personal care, generally on a long-term basis, with in-patient beds, including skilled nursing facilities; extended care facilities; convalescent and rest homes. Small Scale Manufacturing. Manufacturing establishments not classified in any other major manufacturing group, including: jewelry, silverware and plated ware; musical instruments; toys; sporting and athletic goods; pens, pencils, and other office and artists' materials; buttons, costume novelties, miscellaneous notions; brooms and brushes; and other miscellaneous manufacturing industries. Also included are artisan and craftsman type operations which are not home occupations, and which are not secondary to on-site retail sales. ITEM NUMBER DATE: 8-17-10 Attachment 1: Existing Title 9 -Article 29, Land Use Descriptions Social and Service Organizations. Public or quasi -public establishments providing social services and rehabilitation services to such as counseling centers, welfare offices, job counseling and training centers, or vocational rehabilitation agencies, persons with social or personal problems requiring special services and to the handicapped and the disadvantaged. Also included are organizations soliciting funds to be used directly for these related services. Also includes establishments engaged in community improvement and neighborhood development. Does not include child day care services which are classified under "Schools." Sports Assembly. Facilities for spectator -oriented specialized group sports assembly that includes: stadiums and coliseums; arenas and field houses; race tracks (auto and animals); motorcycle racing and drag strips; and other sports that are considered commercial. Stone and Cut Stone Products. Manufacturing establishments primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones. Structural Clay and Pottery -Related Products. Manufacturing establishments primarily producing brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, fine earthenware and porcelain electrical supplies and parts. Artist/craftsman uses are included in "Small Scale Manufacturing" or "Home Occupations." Temporary Dwelling. Includes the temporary use of a mobilehome or recreational vehicle as a dwelling unit, following the issuance of a building permit for a permanent residence while the permanent residence is under construction. Temporary Events. Any use of a structure or land for an event for a limited period of time where the site is not to be permanently altered by grading or construction of accessory facilities. Events include: art shows; rodeos; religious revivals; tent camps; outdoor festivals and concerts. Temporary Offices. The utilization of a mobilehome or recreational vehicle as a temporary office during the period of a construction of a permanent office facility on the same site. Temporary or Seasonal Retail Sales. Retail trade establishments primarily engaged in the sale of fireworks; produce; Christmas trees or other seasonal items; or semiannual sales of art or handcrafted items in conjunction with community festivals or art shows. ITEM NUMBER DATE: 8-17-10 Attachment 1: Existing Title 9 -Article 29, Land Use Descriptions Textile Mills. Manufacturing establishments engaged in performing any of the following operations: preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage; manufacturing woven fabric and carpets and rugs from yarn; dying and finishing fiber, yard, fabric, and knit apparel; coating, waterproofing, or otherwise treating fabric; the integrated manufacture of knit apparel and other finished products from yarn; and the manufacture of felt goods, lace goods, nonwoven fabrics and miscellaneous textiles. Transit Stations and Terminals. Passenger stations for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Utility Service Centers. A private or public utility facility providing for customer services (including bill paying), engineering, production and treatment facilities, clerical, and construction crew activities. Includes vehicle, material and equipment parking and storage. Utility Transmission Facilities. Utility transmission lines and distribution facilities, including substations for electric, gas, other energy sources, water, cable television and telephone. Does not include lines serving individual customers. Vehicle and Freight Terminals. Transportation establishments furnishing services incidental to transportation, including: freight forwarding services; transportation arrangement services; parking, crating, inspection and weighing services; freight terminal facilities; joint terminal and service facilities; trucking facilities, including transfer and storage; public warehousing and storage. Includes both railroad transportation and motor freight transportation. Vehicle and Equipment Storage. Service establishments primarily engaged in the business of storing cars, buses and other motor vehicles; recreational vehicles (such as campers, motor homes, boats); construction equipment; and farm equipment. Includes both day use and long-term public and commercial garages, parking lots and structures. Does not include wrecking yards (classified in "Recycling and Scrap"). Warehousing. Establishments primarily engaged in the storage of farm products, furniture, household goods, or other commercial goods of any nature for later distribution to wholesale and retailers. Does not include terminal facilities for handling freight (classified in "Vehicle and Freight Terminals"). Also includes storage or mini -storage facilities offered for rent or lease to the general public. Wholesaling and Distribution. Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as: merchant wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products. ITEM NUMBER DATE: 8-17-10 Attachment 2: Existing Title 9- Article 13, Downtown Zone 1 9-3.262 Downtown district allowable land uses and permit requirements. The following table identifies the land uses allowed by this article in the downtown zoning districts, and the land use permit required to establish each use. In addition to the land use permit required by this section, special provisions related to certain land uses may apply, precise plan approval may also be required for certain uses in compliance with Section 9-1.108. A building permit is required prior to any construction. Design review approval shall be required for all permits, consistent with Appendix A of the Downtown Revitalization Plan. Mloi%ed Uses and Permit Requirements for Downtown Zoning Districts P Permitted Use (J P Conditional Use Permit required Use not allowed PERMIT REQUIRED Specific Use Regulations LAND USE (1) DC DO MANUFACTURING & PROCESSING USES Light repair services P — Printing and publishing 1, P R&D(t) (Research and development including technology) P P R&D - Biotechnology. chemical, pharmaceutical CUP (T P RECREATION, EDUCATION & ASSEMBLY USES Membership organizations CUP Amusement services P Indoor recreation services P Libraries. museums. galleries P Public parks and playgrounds P P Schools - Public CUP — Schools - Business and vocational CUP CUP Studios - An, dance, martial arts, music. etc. P CUP Public amusement and entertainment CUP — RESIDENTIAL USES Home occupations P P 9-6.105 Live/work projects PS/CUP6 Multifamily and single family dwellings P3 P` Senior citizen housing CUP° RETAIL TRADE ITEM NUMBER DATE: 8-17-10 Attachment 2: Existing Title 9- Article 13, Downtown Zone 1 Artisan shops P — Auto and vehicle dealerships - Indoor display/sales only CUP — Building materials and hardware - All activities indoors P Eating and drinking places - Without drive- through P — Bar/Tavem P — Food and beverage retail sales P Furniture, home furnishings and equipment P — General merchandise P — Temporary or seasonal sales P 9-(1.17-1 SERVICES Automated teller machines (ATMs) P P Banks and financial services - Without drive- CUP P through Bed and breakfast CUP Business services P P Child/adult day care centers — CUP Government offices and facilities P P Hotels and motels CUP — Health care services P P Offices P P Personal services P — TRANSPORTATION, COMMUNICATIONS, & INFRASTRUCTURE USES Broadcasting studios CUP P Transit stations and terminals CUP CUP Utility facilities CUP CUP KEY TO ZONING DISTRICT SYMBOLS DC Downtown Commercial DO Downtown Office Notes: (Only the notes that apply to this table are shown below.) t See Section 9-3.701 for land use descriptions. See Section 9-1.106(d) regarding uses not listed. 2 Plot Plan approval required 9-2.107. Precise Plan approval 9-2.108 may also be required. Conditional Use Permit approval required for all projects over 10,000 sf in floor area and multiple family residential developments consisting of twelve or more units. 3 Residential uses allowed only on second and third floor, except sites north of Ohneda Avenue. If a project is required to provide a unit in compliance with the Americans with Disabilities Act, the handicapped accessible unit may be located on a first floor. A first floor unit shall be located in a non -storefront location within a tenant space. 4 Use allowed only on sites north of Ohneda Avenue. 5 Permitted use if the residential quarters are located on the second or third floors. 6 Conditional Use Permit required if the residential quarters are located on the first floor. ITEM NUMBER DATE: 8.17.10 Attachment 3: Existing Permitted and Conditionally Permitted Uses Refer to Attachment 3 ITEM NUMBER DATE: 8.17.10 Attachment 4: Existing Zoning Matrix Refer to Attachment 4 ITEM NUMBER DATE: 8.17-10 Attachment 5: Example Use Table -City of Arcata CITY OF ARCATA MUNICIPAL CODE —TITLE 9— LAND USE CODE Commercial, Industrial, and Public Facility Zoning Districts 9.26.030 TABLE 2-10 I'L 121 UP P Permitted Use, Zoning Clearance required Allowed Land Uses and Permit Requirements UP MUP Minor Use Permit required for Commercial, Industrial, And Public Facility MUP UP Use Permit required (2) Zoning Districts — S Permit determined by specific use regulations MUP MUP — Use not allowed — Conference/convention facility PERMIT REQUIRED BY DISTRICT Specific Use LAND USE 1 CC I CG I CV I CM I IL I IG I PF I Regulations RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Bar, tavern, pub UP UP UP UP UP — Commercial recreation facility - Indoor MUP MUP — MUP MUP — — Commercial recreation facility - Outdoor — MUP MUP — — — — Conference/convention facility UP UP UP P — UP Fitness/health facility MUP P — MUP P — — Library, museum, gallery P P P P — — P Meeting facility, public and private MUP P — MUP MUP — MUP Night club UP UP UP — UP — — Park, playground P — — — — — P School - Elementary, middle, secondary — — — P School - Specialized educationitraining UP MUP — MUP MUP — MUP Sex oriented business — UP UP UP UP UP — 9.40 Sports and entertainment assembly facility — — — — — — UP Studio - Art, dance, martial arts, music, etc. MUP MUP — MUP MUP — — Theater, auditorium MUP MUP MUP MUP RESIDENTIAL USES Caretaker unit — MUP — — MUP MUP — Emergency shelter — UP — — UP UP MUP Group Quarters — UP — — UP UP MUP Home occupation ISI P P — P P — — 9.42.090 Livelwork unit P P — P P — — 9.42.100 Multi -family housing P(3) P(3) — P(3) P — — 9.42.110 Residential care facility, 7 or more clients MUP MUP — MUP — — MUP Single-family dwelling P(3) P(3) — P(3) P Transitional housing P(3) P(3) — P(3) P UP MUP Kev to Zonina District Svmbols CC Commercial -Central IL Industrial -Limited CG Commercial - General IG Industrial -General CV Commercial - Visitor Serving PF Public Facility CM Commercial - Mixed Use Center Notes: (1) See Article 10 (Glossary) for land use definitions. (2) Use Permit required for any proposed retail use with either: (a) a floor greater than 30,000 sf; or (b) physical alteration of eight or more acres; or (c) generation of 1,000 or more vehicle trips per day. See also Section 9.26.060. (3) Residential units should only be located above the nonresidential uses or at ground level behind the street -fronting nonresidential uses pursuant to Section 9.42.110. Article 2–Zoning Districts & Allowable Land Uses October 2008 2-32