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