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Home My WebLink AboutPC_2006-07-18_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, July 18, 2006 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Beraud Vice Chairperson O'Keefe Commissioner Fonzi Commissioner Jones Commissioner Kelley Commissioner Porter Commissioner Slane PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA 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. 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 five 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) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) City of Atascadero Planning Commission Agenda Regular Meeting July 18, 2006 Page 2 of 5 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 20, 2006. PUBLIC HEARINGS (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 five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. PLN 2006-0110/ZCH 2006-0117, TITLE 9 PLANNING & ZONING TEXT AMENDMENTS Applicant: City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422 Project Title: Zone Change 2006-0117 & PLN 2006-0110, Title 9 Planning & Zoning Text Amendments Project Citywide Location: (San Luis Obispo County) APN 030-461-042 Project The project consists of a revision to portions of Title 9 Planning and Zoning, of the Atascadero Description: Municipal Code (AMC). The proposed Text Amendments consist of three amendments that encompass the following: 1.) Zone Text Change to include "utility service centers" as a conditional use in the Industrial and Industrial Park Zones (AMC 9-3.303 & 9-3.313) 2.) Sign Ordinance update to elaborate on banner sign standards, include free standing "A -frame" signs, and clarify monument sign height on private commercial properties (AMC 9-15.002, 9-15.003, & 9-15.005) 3.) Text update to exterior lighting standards (AMC 9-4.137) Proposed Based on the initial study prepared for the project, a Negative Declaration is proposed. The proposed Environmental Negative Declaration is available for public review at 6907 El Camino Real, Community Development Determination: Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. 3. PLN 2099-0449/TTM-2005-0073 Owner: La Tierra Ventures, LLC, 219 S. Halcyon Rd., Arroyo Grande, CA 93420 Project Title: PLN 2099-0449/TTM 2005-0073: La Tierra Condominium Conversion Project 9331 Musselman Dr., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-461-042 Project The proposed project consists of an application for a Tentative Tract Map to convert thirty-six (36) Description: existing apartments to condominium airspace units. The underlying lot is approximately two (2) acres with five existing residential two-story buildings. The buildings consist of twenty-four 832 square feet two-bedroom units and twelve 624 square feet one -bedroom units. The proposed plans to update the site to meet condominium standards include the addition of 100 square foot decks to the upstairs units and separate water meters for each unit. Several native live oak trees will remain on the site. General Plan Designation: High Density Residential Zoning District: Residential Multiple -Family — 16 Proposed Categorical Exemption, Class 1 — Exempts the division of existing multiple family residences into Environmental common interest ownership. Determination: City of Atascadero Planning Commission Agenda 4. PLN 2099-0740/TTM-2005-0075 Regular Meeting July 18, 2006 Page 3 of 5 Applicant: Lee and Joy Gustafson 885 Wild Oats Way, Templeton, CA 93465 Project Title: PLN 2099-0740/TTM 2005-0075 Project 5547 Tunitas Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-082-013 Project The proposed project consists of a condominium map to create 4 airspace condos on one common lot. Description: The existing site consists of four residential apartment units which are proposed to be converted to Description: condominiums. Two of the units have attached garages and two have detached garages. All units share access from Tunitas Avenue. The project is currently served by City sewer and Atascadero Mutual Water Company. General Plan Designation: Medium Density Residential Zoning District: Residential Multiple -Family — 10 Proposed Categorical Exemption, Class 1 — Exempts the division of existing multiple family residences into Environmental common interest ownership. Determination: COMMUNITY DEVELOPMENT STAFF REPORTS 5. PRELIMINARY REVIEW, RIDGEWAY COURT PLANNED DEVELOPMENT STUDY SESSION Owners: Jim & Adrienne Beck, 5825 Ridgeway Court, Atascadero, CA 93422 Gary & Mary Tharp, 12250 San Antonio Road, Atascadero, CA 93422 Project Title: Preliminary Review of the Ridgeway Court Planned Development Project 5825 Ridgeway Court, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-322-022, 023, 024 Project Staff is requesting Planning Commission direction prior to formal review of the project based on the Description: issues and concerns listed in the Staff Report. 6. ANNUAL HOUSING REPORT The State of California requires all cities to file an annual Housing Report to the Department of Housing and Community Development (HCD). The purpose of the Housing Report is to monitor the implementation of the City's General Plan Housing Element and progress toward meeting the City's Regional Housing Needs Allocation (RHNA). City of Atascadero Planning Commission Agenda COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT Regular Meeting July 18, 2006 Page 4 of 5 The next regular meeting of the Planning Commission will be on August 1, 2006 at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting July 18, 2006 Page 5 of 5 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 Annex business hours at the Community Development counter 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. 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, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. 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 AGENDA ITEMS 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 podium. If you wish to speak for, against, or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 5 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will 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 Chairperson 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 Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). CALL TO ORDER ITEM NUMBER: 1 DATE: 7-18-06 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, June 20, 2006 — 7:00 P.M. Vice Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner Slane led the Pledge of Allegiance. ROLL CALL Present: Commissioners Fonzi, Kelley, Porter, Slane and Vice Chairperson O'Keefe Absent: Commissioner Jones and Chairperson Beraud Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, Deputy Public Works Director David Athey, Associate Planner Kelly Gleason, Associate Planner Kerry Margason and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner Porter and seconded by Commissioner Kelley to approve the agenda. Motion passed 5:0 by a roll -call vote. PUBLIC COMMENT None PC Draft Minutes 06/20/06 Page 1 of 12 CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 6, 2006. MOTION: By Commissioner Kelley and seconded by Commissioner Porter to approve Item #1. Motion passed 4:0 by a roll -call vote. (Fonzi abstained) PUBLIC HEARINGS 2. PLN 2099-1020/CUP 2005-0150/TTM 2006-0088 Owner: Eugene Barre, PO Box 776, Templeton, CA 93465 Project Title: Zone Change 2005-0097, CUP 2005-0150, TTM 2006-0088, Planned Development 25 Project 8255 San Andres Avenue, Atascadero, CA 93422 Location• (San Luis Obispo County) APN 030-292-022 Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, Description• and Tentative Tract Map for the construction of four new single-family duets on individual lots that will be developed under the requirements of the Planned Development overlay #25. One existing home is to remain on-site. The existing home qualifies as a historic colony home. Nine native trees are proposed for removal. The project will take access off of San Andres Ave., full frontage improvements will be provided. General Plan Designation: Medium Density Residential Zoning District: Residential Multi -Family -10 (RMF -10) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review from Determination: 5/25/06 through 6/14/06 at 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. Deputy Public Works Director David Athey reviewed the revised conditions of approval. (Exhibit A) Ex Parte Communications ■ Vice Chairperson O'Keefe stated she had visited the site with the applicant's engineer and Associate Planner Kelly Gleason. PUBLIC COMMENT Pamela Jardini, applicant's representative, stated they are in agreement with the staff report and conditions of approval. Ms. Jardini answered questions of the Commission. Vice Chairperson O'Keefe closed the Public Comment period. PC Draft Minutes 06/20/06 Page 2 of 12 There was Commission discussion regarding moving the houses closer to the street front to save trees and decrease the height of the stem wall, replacing the garage planned for the Colony Home with a trellis structure mimicking the existing porch of the home, moving guest parking further to the back and away from the Colony Home, and increasing the open space easement at the back. Ms. Jardini, speaking for the applicant agreed with these changes. MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to adopt Resolution PC 2006-0058 recommending the City Council certify Proposed Mitigated Negative Declaration 2006-0019; and, adopt Resolution PC 2006-0059 recommending the City Council introduce an ordinance for fist reading by title only, to approve Zone Change 2005-0097 based on findings; and, adopt Resolution PC 2006-0060 recommending the City Council approve Conditional Use Permit 2005-0150 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution PC 2006-0061 recommending the City Council approve Vesting Tentative Tract Map 2006-0088 based on findings and subject to Conditions of Approval and Mitigation Monitoring, and with inclusion of the revised conditions of approval that were handed in later. Due to the Colony Home and the layout of the Colony Home on this property as well as the topography of the trees, the Planning Commission is making an exception to the following conditions: 1) the parking garage behind the Colony Home to be removed and a parking structure of some type be placed on the south side of the lot, 2) the two parking spaces to the north of home be placed up along the north property line in trade off for landscaping to come down next to the house, and 3) the houses in the back will be moved forward and the open easement will be adjusted to expand accordingly. Motion passed 5:0 by a roll -call vote. 3. PLN-2099-0671/TPM-2005-0079 SANTA YSABEL CONDO MAP Owners• David Graves, DLG Development, 4155 Carrizo Road, Atascadero, CA 93422 Royce Construction & Development, Inc., 10780 Vista Rd., Atascadero, CA 93422 Project Title: TPM 2005-0079: Condominium map to establish three airspace units Project 7195 Santa Ysabel Ave. Atascadero, CA 93422 Location• (San Luis Obispo County) APN 030-011-017 Project The proposed project consists of a condominium map to create 3 airspace condos on one common lot. The site contains one existing house which is proposed to remain. All units will PC Draft Minutes 06/20/06 Page 3 of 12 Description: share access from Santa Ysabel Ave. The project will be served by City sewer. Project Title: General Plan Designation: High Density Residential Project Location: Zoning District: Residential Multi -Family -16 (RMF -16) Proposed Categorical Exemption; Class 3 Environmental Determination: Commissioner Fonzi stepped down from consideration of this item stating that she has had financial dealings with one of the applicants. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. A revised resolution was handed out with additional engineering conditions. (Exhibit B) PUBLIC COMMENT Royce Eddings, applicant, spoke about the positive aspects of the project and answered questions of the Commission. Ron Halterman asked if these units would be rentals and expressed concern about the standard of the neighborhood if they were. He also asked if the drainage had been addressed. Ms. Gleason stated the map application allows the owner of the project to sell the units individually, and Mr. Athey indicated the Public Works staff had looked at the drainage which includes a drainage basin at the front and back of the property. Vice Chairperson O'Keefe closed the Public Comment period. MOTION: By Commissioner Porter and seconded by Commissioner Kelley to adopt Resolution PC 2006-0062 approving Tentative Parcel Map 2005-0079, a request to establish three (3) airspace units on one common lot, based on findings and subject to conditions of approval and with inclusion of the revised engineering conditions. Motion passed 4:0 by a roll -call vote. (Fonzi abstained) 4. PLN-2099-0404/TTM-2005-0079 MADERA LANE CONDO MAP Owner: Royce Construction, Inc., Royce Eddings, 10780 Vista Road, Atascadero, CA 93422 Project Title: TTM 2005-0079: Condominium Map to establish four airspace units Project Location: 5900 Madera Lane., Atascadero, CA 93422 (San Luis Obispo County) APN 049-151-061 PC Draft Minutes 06/20/06 Page 4 of 12 Project The proposed project consists of a condominium map to create 4 airspace condos on one Description- common lot. The site contains one existing house which is proposed to remain. All units will share access from Madera Ct. The project will be served by City sewer. General Plan Designation: High Density Residential Zoning District: Residential Multi -Family -16 (RMF -16) Proposed Categorical Exemption; Class 3 Environmental Determination: Commissioner Fonzi stepped down from consideration of this item stating that she had a financial transaction with one of applicants within the last 12 months. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. A revised resolution was handed out with additional engineering conditions. (Exhibit C) Ms. Gleason indicated that the following is to be added to the last sentence of revised Condition No. 12: including drainage improvements to Madera Lane. PUBLIC COMMENT Eric Gobler, applicant's engineer, answered questions of the Commission. Royce Eddings, applicant, answered questions of the Commission. Christy Gabler explained that if someone has to work through the DRE to close a project like this and sell the property, a maintenance easement/agreement will be required. Vice Chairperson O'Keefe closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner Slane to adopt Resolution PC 2006-0063 approving Tentative Tract Map 2005-0079, to establish four airspace condominium units on one common lot, based on findings and subject to conditions, and adding Condition No. 12 as presented earlier, and another condition that a disclosure be made up explaining the easement use of the approach road from EI Camino to the property, and that staff has approval to work with the applicant on replacing the London Plane tree to another acceptable tree. Motion passed 4:0 by a roll -call vote. (Fonzi abstained) Commissioner Fonzi rejoined the meeting. PC Draft Minutes 06/20/06 Page 5 of 12 COMMUNITY DEVELOPMENT STAFF REPORTS 5. CONDITIONAL USE PERMIT 2004-0137 AMENDMENT, APPEARANCE REVIEW STUDY SESSION Owner: J. P. Patel, 3600 EI Camino Real, Atascadero, CA 93422 Project Title: Conditional Use Permit 2004-0137 Amendment Project 9700 EI Camino Real, Atascadero, CA 93422 Location: APN 056-081-032 (San Luis Obispo County) General Plan Designation: General Commercial Zoning District: Commercial Tourist Project Preliminary review of a proposed hotel building and associated improvements. Description: Community Development Director Warren Frace explained the purpose of this study session. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT J.P. Patel, applicant, stated he was open to any comments the Commissioners have to make. Mr. Patel answered questions of the Commission. Royce Eddings stated he knows this property well and thinks it is an ideal location for the number of stories requested. Ted Jacobson indicated he owns the property at the front of this project and spoke about the adequacy of the parking on the site. Prakesh Patel stated there is a large oak tree at the front entrance that provides good screening for the building. Vice Chairperson O'Keefe closed the Public Comment period. Commissioner Comments: 1. Height Commissioner Fonzi: As long as the Fire Chief is satisfied with the safety issues and can service the building she does not have a problem with the height. Due to the project's location on the lower side of the freeway, she does not think it will have a visual impact. PC Draft Minutes 06/20/06 Page 6 of 12 Commissioner Kelley: Would like more feedback from the Fire Department on how they would handle an emergency on the 4th floor. He wants to know how those on the 4th floor would be rescued if the 2nd and 3rd floor were on fire. Commissioner Porter: As long as the fire chief has deemed that they can service the building, he has no problem with the height. He stated a lot can be done to reduce the visual impact. Commissioner Slane: Concerned with the height for fire safety issues and questioned if this were permitted what about the future, would more stories be allowed? He stated it was a nice design and color, but he is concerned that Atascadero has no ladder truck at this time and it would be an additional burden on the community to buy one. Chairperson O'Keefe: Has concerns with the height. She stated the West Front project is 3 stories but it slopes down, while this goes uphill. She would like a visual analysis of the impacts comparing what is seen from the freeway for the West Front Hotel and what is seen from the freeway and side road for this project. She is also concerned about setting a precedent and whether the Fire Department can accommodate the building with their current equipment. 2. Color and Materials Commissioner Fonzi: It is hard to visualize what the project would look like based on the information she received. She would like to see this in color; a 3-d model would be helpful. Commissioner Slane: As long as the colors are earth tones and in Colony -style colors, it would be acceptable. Commissioner Kelley: This is acceptable if it blends in with everything else. He would like to see an enhanced entry in the renderings. Commissioner Porter: The colors are fine. Chairperson O'Keefe: Requested inclusion in the color renderings of the contrasting elements of the driveway, blacktop, etc. She would also like to see examples where different elements are added to the renderings. 3. Articulation and Ornamentation Commissioner Fonzi: She can't visualize awnings on this project, so if staff feels this would be an improvement she would like to see a rendering of it. The windows appear to be rather small, a larger band would be more pleasing overall. PC Draft Minutes 06/20/06 Page 7 of 12 Commissioner Kelley: Is confident that staff will address these issues during the normal processing. Commissioner Slane: The project should be done well if Marriott is doing it, so he does not have a problem with the applicant working with staff to resolve these issues. Commissioner Porter: Agreed with Commissioner Slane's comments. Vice Chairperson O'Keefe: Would like to see some comparative renderings. If there are two or three different examples with these elements expanded upon, it would be helpful. 4. Site Plan / Landscaping Commissioner Kelley: Is concerned about the parking; the overlay of the two and the time periods, etc. must be looked at further. Commissioner Fonzi: Is concerned about parking and would like to see more information about how it will be dealt with and the number of parking spaces compared to what is supposed to be there if there wasn't the adjacent office use. She stated asphalt driveways are hot in the summer and she would like to see more trees in the parking lot and as a buffer along the frontage road. Vice Chairperson O'Keefe: Has a problem with the lack of landscaping, what is seen from the freeway is mostly blacktop. Regarding parking, she is not as concerned because the adjacent property has a different use and it will be used at a different time of day. Commissioner Porter: Would like to see an overhead view of this landscaping compared to the surrounding properties. He stated this landscaping is not much different from the Chevron station, post office, etc. Commissioner Kelley: Is concerned with the traffic at this intersection which is already fairly impacted, and will have more impacts in the future. He would like to see alternative ways to divert traffic in the area. Vice Chairperson O'Keefe recessed the hearing at 8:37 p.m. Vice Chairperson O'Keefe called the meeting back to order at 8:43 p.m. Vice Chairperson O'Keefe reopened Item #5 to allow the applicant to respond to issues raised by the Commission. Paul Hawket, applicant's architect, clarified several issues raised during Commission discussion: 1) applicant has met with the Fire Department and discussed the servicing of this project, 2) the building is a one-hour, fully sprinklered building, 3) the position of PC Draft Minutes 06/20/06 Page 8 of 12 the building has been adjusted to address concerns raised by the Fire Department, 4) the brick is 25% of the surface area of the project fagade, 5) the color selection can be looked at, but the applicant must consider the Marriott review process, 6) the landscape percentage is 14% on their side of the property, 7) certain areas will incorporate colored pavement, 8) there is a large oak that is the same height as the building and takes up a lot of the fagade from the street, and 9) the applicant will provide a shading coefficient diagram of how the trees will work to cool the pavement. Mr. Hawkin answered questions of the Commission. 6. PLN 2099-0922 ZCH 2005-0107 CUP 2005-0171 TTM 2004-0059 APPEARANCE REVIEW STUDY SESSION Owners: Gary & Mary Tharp, 5255 Traffic Way, Atascadero, CA 93422 Applicant: Jim Beck, 8665 Morro Road, Ste. E, Atascadero, CA 93422 Project Title: PLN 2099-0922, ZCH 2005-0107, CUP 2005-0171, TTM 2004-0059 Project 2865 Ferrocarril Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-022-011 General Plan Designation: SE (Suburban Estates) Zoning District: RS (Residential Suburban) Project A request for 6 lot subdivision of a 13.5 acre parcel with a Planned Development 16 overlay. Description: Chico Road would be extended to serve a cluster of five 1 -acre lots. An existing residence would remain on approximately 8 acres and would continue to take access off of Ferrocarril Road. The project proposes an open space area and an equestrian trail to access the Salinas River. Proposed A Mitigated Negative Declaration will be prepared for the project. Environmental Determination: Ex Parte Communications ■ Vice Chairperson O'Keefe stated she walked the site with the applicant, Associate Planner Kerry Margason and Community Development Director Warren Frace. Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Barak Miles, land surveyor and applicant's representative, answered questions of the Commission. Commissioner Kelley stated that 1 '/2 acres is more practical for this project as horses on an acre intrude into the privacy of the neighbors. PC Draft Minutes 06/20/06 Page 9 of 12 Commissioner Fonzi stated she likes the idea that they are clustering the homes to preserve some of the character of the area and the sensitive areas. She thinks a larger lot size would be more desirable if it fits in with the Ferrocaril neighborhood. Commissioner O'Keefe stated she would like to see the equestrian trail along the Water Company's property rather than having the horses going through the cul-de-sac. Christy Gabler stated that overall this is a great project for the neighborhood. She asked several questions regarding off site and on site improvements. She thinks the equestrian trail is an excellent addition to this end of Ferrocaril and that it would be nice to have signs to let people know where to park and how long. Lisa Garrison indicated that the equestrian trail is a good idea. She questioned how construction traffic would access the project. Leo Pederson stated he has no objection to this project in principle, but is concerned about the drainage across his property. Mr. Peterson submitted a letter outlining his comments. (Exhibit D) He asked that a condition be added that would require additional grading so water would not back up onto his lot. Terry Divine stated he is opposed to the equestrian trail coming up to his fence line and would prefer it go along the water main area. Jim Beck, applicant, explained why they had opted for one acre lots, but said he would probably reconfigure the lots to be closer to 1 '/4 acre. Regarding the equestrian trial, he thinks it is better to go along the drainage area and away from the fence of the Lakes. Vice Chairperson O'Keefe closed the Public Comment period. Staff addressed issues raised during the Public Comment period. Commissioner Kelley suggested this could be made a private road to restrict public use and prevent people from parking horse trailers on it. COMMISSIONER COMMENTS AND REPORTS Vice Chairperson O'Keefe submitted an Arborist's report for two dead trees on Cason and Coromar Streets. (Exhibit E) She explained that the arborist's original recommendations had not been followed, and pointed out that this is why monitoring and follow up is important. Commissioner Kelley suggested that information about native trees should be provided to potential home buyers. PC Draft Minutes 06/20/06 Page 10 of 12 DIRECTOR'S REPORT 7. COLONY SQUARE MIXED USE GRANERY TREE Community Development Director Warren Frace gave the report and answered questions of the Commission. Commissioner Kelley stated that if the tree was unsafe it should go. Commissioner Fonzi indicated she would like to have another arborist look at the tree and that it should be saved if possible, however if it must go she would like to see something done such as a photo record or some use of the tree within the project rather than just having it hauled away and disposed of. Vice Chairperson O'Keefe stated it would have been helpful to have the arborist's report. She commented that if the tree is becoming a hazard it should be removed before construction so that a new tree could get started. She suggested a sign could be placed giving a history of the tree and what it represents to the community. Commissioner Kelley suggested that if the tree must be removed it could be replaced with a tree information center at the site. PUBLIC COMMENT Tom Jess, architect for project, read from the arborist's summary letter that stated the tree is a serious hazard and must be removed now. Vice Chairperson O'Keefe closed the Public Comment period. Vice Chairperson O'Keefe requested staff set up an appointment with Eric Greening to allow him to read both reports, as he felt strongly about it and should be apprised of the issue. Commissioner Kelley stated he would like to leave the meeting with the understanding that staff has the approval to okay the removal of this tree due to it being an extreme hazard. Director Frace stated the applicant and staff would work on a mitigation solution and on getting the information out to the public. Commissioner Fonzi would like some thought put into what happens to the tree once it is cut down. She suggested asking the public for ideas of what could be done with the tree. Director Frace stated this item would be agendized for the next Commission meeting, and that a tree fence will be put up right away. PC Draft Minutes 06/20/06 Page 11 of 12 Director Frace reminded the Commission that the July 4th meeting has been cancelled. He reported that staff is looking at doing a joint ethics training session in the fall at City Hall. ADJOURNMENT Vice Chairperson O'Keefe adjourned the meeting at 9:50 p.m. to the next regularly scheduled meeting of the Planning Commission on July 18, 2006. MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A — Revised Draft Resolution, Item #2 Exhibit B — Revised Draft Resolution, Item #3 Exhibit C — Revised Draft Resolution, Item #4 Exhibit D — Leo Pederson, letter Exhibit E — A&T Arborists, report \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 06\PC Draft Minutes 6-20-06.gp.doc PC Draft Minutes 06/20/06 Page 12 of 12 ITEM NUMBER: 2 DATE: 7-18-06 Atascadero Planning Commission Staff Report - Community Development Department Title 9 Planning and Zoning Text Amendment ZCH 2006-0117 / PLN 2006-0110 (City of Atascadero) SUBJECT: Proposed Zoning Ordinance text change to the Industrial Zoning District, the Sign Ordinance, and the Exterior Lighting Standards, consisting of an amendment to portions of Title 9, Planning and Zoning, of the Atascadero Municipal Code. RECOMMENDATION: Staff recommends the Planning Commission adopt Resolution PC 2006-0057, recommending that the City Council introduce an ordinance for first reading, by title only, to approve Zone Change 2006-0117 based on findings. SITUATION AND FACTS: 1. Applicant: City of Atascadero 2. General Plan Designation: Citywide 3. Zoning District: Citywide 4. Environmental Status: Initial Study and Proposed Negative Declaration #2006-0023. ITEM NUMBER: 2 DATE: 7-18-06 DISCUSSION: Summary: The three proposed text amendments made to Title 9 (Planning and Zoning Ordinance) include: 1.) Zone text change to include "utility service centers" in the Industrial and Industrial Park Zoning districts. 2.) Sign ordinance update related to banner signs, free standing portable and "A -frame" signs, and monument signs. 3.) Text update to exterior lighting standards. Analysis: 1_.) Zone Text Change The proposed zone text change consists of adding "utility service center" as a conditionally allowable use to the Industrial and Industrial Park zones. A "utility service center" is defined as "a private or public utility facility providing for customer services (including bill paying), engineering, clerical and construction crew activities. Includes vehicle, material and equipment parking and storage." Currently, utility service centers are permitted as an allowable use in the Commercial Professional and Commercial Retail zones, and a conditionally allowable use in the Public zone only. The Atascadero Mutual Water Company (AMWC) currently owns and operates a service yard and office buildings on the Industrial zoned property immediately north of the Highway 41 bridge over the Salinas River. Numerous water mains and their appurtenances, maintenance buildings, and material and equipment storage operate on the property. The facility is currently operating on site as an existing use, but is not permitted to make changes because utility service centers are not included in either the allowable or conditional uses of the Industrial zone in the Municipal Code. The AMWC is a participant in the Nacimiento Water Project, which as currently approved, will deliver water from Nacimiento Lake to the AMWC service area. The AMWC must treat the water in accordance with the Department of Health Services regulations before distributing it to its share holders. One of the treatment alternatives that the AMWC is considering is a conventional treatment plant on the Industrial zoned property they currently operate. AMWC is also considering the relocation of its administrative offices to this property. The proposed text amendment to the Zoning Ordinance includes changes made to Title 9-3.313 (Conditional uses in the Industrial Zone) and 9-3.303 (Conditional uses in the Industrial Park Zone). The amendment will add utility service centers to the list of conditional uses in these zones. Changes are also made to section 9-3.701 (Purpose) to add to the definition of utility service centers. The definition of "utility service center" will be amended to include "production and treatment facilities." These additions will allow the current and anticipated uses of the AMWC on this site. L. Ivo O Jia s� A 0 s 0>o 0 oa'5 eo'0e14ah�ho ago Viejo, sea eja a° s�raaa�veen4e haeeoue P v m , c` � o . ,.,�... - v, sao oa s C Amy �0oJ oti\oa o Dotoses P Jag aL L J / Qea�o e�4 r � Sao Arroyo Avenue l �Jc / �J \ � as Avera Fresno - 4 Rvenue Mart to Avenue c�itaSgyeh4e 1 qui Olmeda Avenue Je e� Q-°Sat�O P ,N aalh e w L ,caE°'D tie Printed 6/13/20( s Printed by: City of Ata ITEM NUMBER: 2 DATE: 7-18-06 � CITY OF ATASCADERO e aOCJ mrJOM ercedes Ma9ro IP Oma � 7 �yc/L6Oh h, e °sO,r Serena Court :1 a, ero - GIS Division IF - I: Industrial - IP: Industrial Park Atascadero Mutual Water Company Property Road i % I ITEM NUMBER: 2 DATE: 7-18-06 2.) Sign Text Amendment On May 9, 2006, the Signage Task Force submitted a Management Report at the request of City Council. The report outlined portions of the sign ordinance in need of updating and provided recommendations for a sign text amendment. The proposed text amendment to the Sign Ordinance includes changes made to Title 9-15.002 (Definitions), 9-15.003 (Applicability), and 9-15.005 (Allowed Signs). The proposed amendment will update portions of the banner sign requirements and include requirements to allow free standing portable signs consistent with Council's request. In order to clarify the ordinance further, the height of monument signs will be clarified in the ordinance. 1 VALET PARKIN _ i r Carlton Valet Sign: Portable Sign Currently, the sign ordinance prohibits the use of portable signs not permanently affixed to the ground or a building, including "A -frame" signs. The task force is recommending that the ordinance be updated to allow one portable sign, including an A -frame sign, per street frontage. Size restrictions for these signs are recommended for both safety and appearance reasons and are based on the size of the Carlton valet sign. The maximum size of the signs would be two feet wide by five feet tall, and the minimum height would be three feet. Portable signs must be located on the business's property or within the boundaries of the shopping center or commercial complex, unless an encroachment permit is obtained. The city would allow a 90 day amnesty period with no fee for encroachment permits of existing portable signs. These recommendations are included in the proposed text changed, and a general definition of portable signs is added to the ordinance. The ordinance would also be amended to remove portable signs from the list of prohibited signs. By changing portable signs from a prohibited sign to an allowable sign in both the Commercial and Industrial zones, as well as the Downtown Districts, an increased number of this type of sign is to be expected. Many Atascadero businesses currently display portable and A -frame signs illegally, sometimes in unsafe locations such as sidewalks, parking lots, and busy streets. By including this type of sign in the allowable sign section, the City will be able to regulate their size and location. Portable signs will be required to remain on the business's property. By not allowing these signs to be in the right of way, the City is able to reduce its liability for these safety hazards. If a ITEM NUMBER: 2 DATE: 7-18-06 business owner wants to place the sign outside of their property boundaries, they may apply for an encroachment permit and the city will be able to evaluate if they proposed location would be a safety hazard or not. CUSTOM IMPRINTED - APPARAL SIGNS REAL ESr. SALES • �li' HOME Lo, 0,41VNERS Portable A -frame signs The Signage Task Force has also identified the requirements of banner signs as a section in need of clarification and expansion. The text update would extend the allowable time for a banner sign to remain up from twenty days to thirty days, and require that the sign then remain down for sixty days before another one can replace it. The text change would also expand the requirements of banner signs to require that the signs be secured flat against a building or structure. Banners would be allowed to remain up during the entire sign permit process. Temporary events, such as the farmers market, would be exempt from the limited size and number of banner signs. The last issue of the signage text change would be to clarify the height requirement of monument signs in the ordinance. Currently, contradictory height requirements for monument signs are listed in the ordinance. In section 9-15.002 (Definitions) a monument sign is defined as "A freestanding sign not exceeding six (6) feet in height..." Section 9-15.005 (Allowed Signs) more specifically states the "Maximum size of monument sign is not to exceed sixty (60) square feet, and a maximum height of ten (10) feet from the natural grade." Since this second description is the most recent addition to the sign ordinance, staff is proposing that the first description, which limits maximum height at six feet, be removed from the ordinance. This would clarify and streamline the ordinance, removing the discrepancy and allowing all monument signs to be up to ten feet in height. ITEM NUMBER: DATE: A tascadero City Council Management Report - Community Development Department Signage Task Force Council Direction 5-9-06 Banner Sign Update • Time Frame: allow banners up for 30 days then down for 60 days • Quantity: allow one (1) banner per public street frontage • Mounting: banners must be secured flat against a building or secure structure. • Exceptions: Banners may remain up during the entire sign permit and installation process. • Public Info: Provide business owners notification if banners can be converted into permanent signs especially along freeways. • Temporary Events: Special exception for size and number of banners for temporary non profit type events (eg farmers market). A -Frame Sign Update 7-1 SLAA • Quantity: allow one (1) A -frame sign per street frontage • Size: maximum size shall be two (2) feet wide by four (4) feet tall or size of Carlton Valet sign. • Location: A -frame signs must be located on business's property or within the boundaries of the shopping center or commercial complex. • Exceptions: encroachment permits are required for A -Frame signs located in the public right-of-way. Applicant to sign an acceptance of liability for signs in ROW. (The City will allow a 90 -day amnesty period with no fee for encroachment permits of existing A -frame signs.) ITEM NUMBER: 2 DATE: 7-18-06 3.) Exterior Lighting Standards The 2002 update to the General Plan Land Use, Open Space, and Conservation Element, identified areas of the Municipal Code in need of clarification and updating. Policy 1.4 of the Land Use Element states that the City it will "Ensure that `darkness' remain a rural characteristic by requiring that all exterior lighting does not result in significant off-site spillage or glare." Policy program 1.4:1. states: "Amend and maintain the Sign and Zoning Ordinances to require that all nondecorative exterior lighting shall be shielded to direct light toward buildings or the ground." The proposed text amendment to the Chapter 4 of the Municipal Code (General Site Design and Development Standards) will include these changes to Title 9-4.137 (Exterior Lighting) to correspond with the General Plan requirements. Proposed Environmental Determination An Initial Study and proposed Negative Declaration for the project has been prepared with the recommended findings that there will be no significant adverse environmental impacts associated with this project application. CONCLUSIONS: The proposed text amendments are consistent with the General Plan, which is implemented by the Zoning Ordinance. The first portion of the proposed changes will allow for utility service centers, with Planning Commission approval, in the Industrial and Industrial Park Zones. The second portion of the proposed text amendment will clarify the Sign Ordinance requirements, and the third will clarify the Exterior Lighting Standards. ALTERNATIVES: 1. The Commission may recommend modifications of the text amendments to the City council. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the project. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. ITEM NUMBER DATE: 7-18-06 PREPARED BY: Callie Ford, Assistant Planner ATTACHMENTS: Attachment 1: Initial Study and Draft Negative Declaration Attachment 2: Draft Resolution 2006-0065 Attachment 3: Draft Resolution 2006-0057 ITEM NUMBER: DATE: 7-18-06 ATTACHMENT 1: Initial Study and Negative Declaration 2006-0023 SEE FOLLOWING ITEM NUMBER: 2 DATE: 7-18-06 ATTACHMENT 2: Draft Resolution PC 2006-0065 DRAFT RESOLUTION PC 2006-0065 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED NEGATIVE DECLARATION 2006-0023 PREPARED FOR ZONE CHANGE 2006-0117 (Citywide/City of Atascadero) WHEREAS, an application has been received from the City of Atascadero (6907 El Camino Real), to consider a project consisting of Zone Change Text Amendments; and, WHEREAS, an Initial Study and Proposed Negative Declaration 2006-0023 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on July 18, 2006 following the close of the review period to consider the Initial Study and Proposed Negative Declaration; and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to recommend that the City Council certify Proposed Negative Declaration 2006-0023 based on the following Findings: 1. The Proposed Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, ITEM NUMBER: 2 DATE: 7-18-06 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 7-18-06 ATTACHMENT 3: Draft Resolution PC 2006-0057 DRAFT RESOLUTION PC 2006-0057 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2006-0117 TO ESTABLISH A ZONE TEXT CHANGE, SIGN ORDINANCE TEXT CHANGE, AND EXTERIOR LIGHTING STANARDS TEXT CHANGE (Citywide/City of Atascadero) WHEREAS, an application has been received from the City of Atascadero (6907 El Camino Real), to consider Zone Change Text Amendments to conditionally allow utility service centers in Industrial Zones and Industrial Park Zones, a Sign Ordinance Text Change to clarify standards for banner signs, portable signs, and monument signs, and an Exterior Lighting Text Change to coincide with the General Plan requirements; and, WHEREAS, an Initial Study and Draft Negative Declaration 2006-0023 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to Title 9 Planning and Zoning of the Municipal Code; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and Zoning Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and Zoning text amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on July 18, 2006, studied and considered Zone Change 2006-0117; and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: ITEM NUMBER DATE: 7-18-06 SECTION 1. Findings for Approval of a Zone Text Change. The Planning Commission finds as follows: 1. The Planning and Zoning text change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the Zoning Ordinance, Sign Ordinance, and Exterior Lighting Standards will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The text change will not, in itself, result in significant environmental impacts. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 18, 2006 resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would amend the City Planning and Zoning code text with the following: Chapter 3 ZONING DISTRICTS Article 17. IP (Industrial Park) Zone 9-3.303 Conditional uses. The following uses may be allowed in the Industrial Park Zone. The establishment of conditional uses shall be provided by Section 9-2.109 (Conditional use permits): (a) Agricultural processing; (b) Chemical products; (c) Concrete, gypsum, and plaster products; (d) Caretaker residence (see Section 9-6.104); (e) Glass products manufacturing; (f) Machinery manufacturing; (g) Lumber and wood products; (h) Paving materials; (i) Pipelines; 0) Plastic and rubber products; (k) Recycling and scrap (see Section 9-6.131); (1) Schools—business and vocational (see Section 9.6.125); (m) Textile mills; (n) Transit stations and terminals; (o) Vehicle and freight terminals; (p) Paper products; (q) Structural clay pottery products; (r) Indoor recreation; (s) Recycling centers (see Section 9-6.132); (t) Utility service centers; ITEM NUMBER DATE: 7-18-06 (ut) Sales lots (see Section 9-6.139). (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 237 § 1 (D) (part), 1992; Ord. 77 § 1 (2), 1984: Ord. 68 § 9-3.303, 1983) Article 18. 1 (Industrial) Zone 9-3.313 Conditional uses. The following uses may be allowed in the Industrial Zone. The establishment of conditional uses shall be as provided by Section 9-2.109 (Conditional use permits): (a) Chemical products; (b) Caretaker residence (see Section 9-6.104); (c) Petroleum refining and related products; (d) Textile mill; (e) Metal industries—primary; (f) Pipelines; (g) Recycling and scrap (see Section 9-6.131); (h) School—business and vocational (see Section 9-6.125); (i) Transit stations and terminals; 0) Vehicle and freight terminals; (k) Plastic and rubber products; (1) Recycling centers (see Section 9-6.132); (m) Utility service centers; (nm) Sales lots (see Section 9-6.139). (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 237 § 1 (D) (part), 1992; Ord. 68 § 9-3.313, 1983) 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; fruit and ITEM NUMBER: 2 DATE: 7-18-06 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 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, 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. ITEM NUMBER: 2 DATE: 7-18-06 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." 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. ITEM NUMBER: 2 DATE: 7-18-06 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. 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 precast 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. 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, ITEM NUMBER DATE: 7-18-06 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. Establishments (except for wine tasting facilities) may include no more than two (2) gas pumps as an accessory use. 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 ITEM NUMBER DATE: 7-18-06 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. 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. ITEM NUMBER: 2 DATE: 7-18-06 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. 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: 7-18-06 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. 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). ITEM NUMBER: 2 DATE: 7-18-06 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 services generally involving the care of the person which are not medically related, including: beauty and barber shops; shoe repair shops; saunas and hot tubs; dry cleaning pickup stores and small scale dry cleaners without pickup and delivery services; clothing rental; dating and escort services; and related activities. 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 ITEM NUMBER DATE: 7-18-06 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. 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." Recycling and Scrap. Establishments primarily engaged in assembling, breaking up, sorting, temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap. Does not include waste disposal sites, which are separately defined. Does not include 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. ITEM NUMBER DATE: 7-18-06 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. Sales Lots. Sales lots consist of any outdoor sales area for permanent display of recreational vehicles, recreational and utility trailers, motorized farm equipment, boats, heavy commercial trucks (over one ton), 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. Sexually Oriented Business. Any business defined by the Atascadero Sexually Oriented Business Ordinance (see Chapter 5-10 of this Code) as an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, 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 inpatient 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 ITEM NUMBER: 2 DATE: 7-18-06 type operations which are not home occupations, and which are not secondary to on-site retail sales. 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 include: 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. 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. ITEM NUMBER DATE: 7-18-06 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. (Ord. 489 § 2 (part), 2006; Ord. 473 § 2 (part), 2005: Ord. 427 § 1, 2003; Ord. 364 § 2 (part), Exh. A (part), 1999: Ord. 303 § 2 (Exh. A), 1996; Ord. 300 § 2 (6), 1996; Ord. 237 § 1 (C), 1992; Ord. 68 § 9-3.701, 1983) Chapter 15 SIGNS 9-15.002 Definitions. For the purposes of this chapter, the following definitions shall apply: (a) Abandoned Signs. A sign is abandoned when for a period of ninety (90) days or more, there is no sign copy appearing on the sign, or where the establishment with which the sign is associated has ceased operation, or where it is relatively clear that the sign has been forsaken or deserted. Any sign which is a conforming sign not in use, but which could be re -used in conjunction with the ownership or operation of a new business on a property, shall not fall under the definition of abandoned. ITEM NUMBER DATE: 7-18-06 (b) Alteration. Any change of size, shape, illumination, position, location, construction or supporting structure of an existing sign. (c) Animated Sign. A sign with action or motion, rotating, flashing or color changes, excepting therefrom wind actuated elements such as flags, banners, streamers, whirligigs or other similar devices, and public service signs such as time and temperature units. (d) Balloon, Inflatable Signs, or Inflatable Attention -getting Devices. Any air or gas filled device located, attached, or tethered to the ground, site, merchandise, building, or roof and used for the purpose of signage, advertising, or attention -getting. (e) Banner. Any sign of lightweight fabric or similar material that is attached to a building or other structure erected for another purpose. Flags, as defined in this Section, shall not be considered banners. (f) Building Complex. A building or group of buildings on one (1) or more lots or building sites containing three (3) or more separate businesses or industrial uses and sharing common parking facilities. (g) Building Face. The outermost surface of any exterior wall of a building, but not including cornices, bay windows, balconies, or other architectural features which extend beyond the general outermost surface of such exterior wall. (h) Canopy Sign. Any sign that is part of a projecting awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance or window or outdoor service area, or otherwise attached to a building face. (i) Changeable Copy Sign. A sign with changeable copy, regardless of the method of attachment or the materials of construction. 0) Commercial Speech. Any message, the prevailing thrust of which is to propose a commercial transaction. (k) Commercial Signage. Any sign with wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. (1) Corner Clear Zone. The area at a street corner inscribed by a line drawn between points established by measuring back fifteen (15) feet from the beginning of the curb radius along the curb line, or edge of pavement when there is no curb, and the face of the curb or edge of pavement. (m) Dormer. A structure located above the height of a wall projecting from a sloping roof that is enclosed on both sides and top, and does not project above top of the roof structure. (n) Dwelling Unit. Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation. (o) Enforcement Officer. Any City official or agent designated by the City Manager as having authority to enforce the provisions of this Article. (p) Flag. A device, generally made of flexible materials, usually cloth, paper or plastic, usually used as a symbol of a government, school, or religion, and not containing a commercial message. (q) Freestanding Sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground which are independent from any building or other structure. This definition may include pole signs, ground signs and monument signs. ITEM NUMBER: 2 DATE: 7-18-06 (r) Ground Sign. Any freestanding sign greater than six (6) feet in height and supported wholly by uprights, braces, or poles in or upon the ground and where any supports or angle irons are enclosed in a wood, plastic, metal or other decorative form, such that the angle irons or supports are not visible. The entire bottom of a ground sign is generally in contact or in close proximity to the ground. (s) Height. The height of any sign shall be the measurement from the top of the sign cabinet, including all ornamentation and supports, to the existing grade beneath the sign. (t) Illegal Sign. Any sign placed without all required governmental approval and/or permits at the time said sign was placed or is an existing sign which was not constructed in accordance with the ordinances and other applicable laws in effect on the date of construction, did not receive government approval or permits, or a legal nonconforming sign that has exceeded its authorized amortization period. (u) Illuminated Sign. Any sign employing the use of lighting sources for the purpose of decorating, outlining, accentuating or brightening the sign area. (v) Incidental Sign. A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as no parking, entrance, loading only, telephone and other similar directives. A sign that also includes a commercial message is not considered incidental. (w) Institutional. Uses whose primary function is furtherance of the public health, safety and welfare, generally, but not exclusively non-commercial in nature, including, but not limited to the following: hospitals and similar health care facilities, airports, cemeteries, recreational clubs and lodges, museums, theaters and similar cultural institutions, churches and similar religious institutions, detention facilities, fire and police stations, emergency shelters, marinas, parks and similar recreational facilities, schools and similar educational institutions, public utility facilities other than business offices. (x) Legal Non -Conforming Sign. A sign which was legal when first erected, with all necessary permits, but due to a change in the law it became nonconforming. (y) Lot. Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership. (z) Lot Frontage. Those portions of a lot or building site which abut a public street. For purposes of determining frontage on corner lots and through lots, all sides of a lot abutting a public street (excluding an alley) shall be considered frontage. (aa) Marquee. A permanent roofed structure attached to and supported by the building and projecting beyond the building face. (bb) Monument Sign. A freestanding sign which is supported by a base which extends the entire length of the sign area and is an integral part of the design. (cc) Multi -Faced Sign. A sign with two or more sign faces where any two sign faces are oriented such that they have an interior angle of greater than forty-five (45) degrees from each other. (dd) Non -Commercial Signage. Any signage which is not determined to be commercial signage, as defined herein. (ee) Non -Commercial Speech. Any message which is not determined to be commercial speech as defined herein. ITEM NUMBER: 2 DATE: 7-18-06 (ff) Non -Structural Trim. The molding, battens, caps, nailing strips, lattice, cutouts, or letters and walkways which are attached to the sign structure. (gg) Obscene Signs. Signage when taken as a whole, which to the average person applying contemporary statewide standards, appeals to the prurient interest and as a whole depicts or describes in a patently offensive way sexual conduct which lacks serious literary, artistic, political or scientific value. (hh) Off -Site Commercial Signage. Signage that is not located on the site of the business, accommodations, services, or commercial activity served by the sign. (ii) On -Site Commercial Signage. A sign advertising the business, accommodations, services or commercial activities provided on the site on which the sign is located. Oj) Permanent Sign. Any legal sign designed or used in excess of forty-five (45) days. (kk) Permitted Sign. Signs permitted pursuant to this Article. (11) Pole Signs. A sign wholly supported by one or more poles and otherwise separated from the ground by air. (mm) Portable Sign or A -frame Sign. Any freestanding, moveable sign. (nnt) Prohibited Signs. Signs specified in Section 9-15.003(d) of this article or any sign not specified in Section 9-15.005 nor in compliance with the design criteria for this Article. (oonn) Projecting Sign. A sign which projects more than twelve (12) inches from the exterior face of a building wall or facade and which uses the building wall as its primary source of support. (ppeo) Project Entrance Sign. An on-site sign used to identify the name of an apartment housing complex, mobile home park, condominium subdivision or other residential subdivision. (q_gpp) Public Service Sign. A non-commercial sign that provides general information that benefits the public, such as electronic changeable time and temperature units. The renewal of any part of an existing sign for the purpose of its maintenance. (rrqq) Roof Sign. A sign erected upon or above a roof (angled surface) or a parapet of a building or structure, and not contained within a dormer (flat surface). (ssrf) Setback Area. The setback area shall be that area defined as the required minimum yard as specified by the Zoning Ordinance for each Zoning District, unless a specific setback is designated within this Article. (ttss) Sign. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public, with the exception of the following. (1) Such devices not exceeding one (1) square foot in area and bearing only property numbers, post box number, names of occupants or other similar identification on a site. (2) Flags and other insignia of any government not displaying a commercial message. (3) Legal notices, identification, informational or directional/traffic controlling devices erected or required by government agencies. (4) Decorative or architectural features of buildings, except letters, trademarks or moving parts. (5) Holiday decorations and lights. ITEM NUMBER DATE: 7-18-06 (6) Government traffic controlling devices are not considered signs for purposes of this article due to their distinct purpose. (uutt) Sign Area. The entire area contained within the frame, cabinet or fixture, including all ornamentation or decoration used to attract attention. In the case of pole signs, that area above the supporting column, provided such supporting column is not decorated or displayed with advertising. The area of signs painted on walls, individual letter signs, trough signs, and other directly illuminated signs, shall be calculated on the basis of the smallest rectangle, circle or spherical figure that will enclose the entire copy area of the sign. The area of any two (2) or more faced signs or type signs having any interior angle of more than forty-five (45) degrees (multi -faces signs) shall be the total area of all faces or panels. If all interior angles are forty-five (45) degrees or less, the greatest sized panel or face shall only be counted as the sign area. (vvtm) Sign Copy. Any words, letters, numbers, figures, designs or other symbolistic representation incorporated into a sign with the purpose of attracting attention to the subject matter. (www) Sign Face. The surface of the sign upon, against, or through which the message is displayed or illustrated on the sign. (xx) Sign Structure. Any structure that supports or is capable of supporting any sign as defined in this Section. A sign structure may be a single pole and may or may not be an integral part of the building. (yyxx) Site. A lot, or group of contiguous lots, with or without development, in single ownership, or having multiple owners, all of whom join in an application for signage. (zzy-y) Street. A public or private highway, road or thoroughfare which affords the principal means of access to adjacent lots. (Ord. 400 § 1 (part), 2002: Ord. 255 § 2 (part), 1992) 9-15.003 Applicability. (a) General. (1) The provisions of this chapter are applicable to all signs constructed or altered after the effective date of the ordinance codified in this chapter. (2) Nonconforming signs shall be revised to conform to the provisions of this chapter where an entitlement for construction other than minor additions or interior alterations is occurring or where a change of use occurs. (3) All signs that are not specifically exempted from this chapter are subject to the appearance review guidelines and an approved sign permit. (4) Neon signs visible from the public right-of-way, and change in copy or materials for existing signs requires Appearance Review by the Planning Division. (5) The sign design standards herein are intended to be the maximum standards allowable without an administrative use permit or conditional use permit. (b) Permits required. (1) Except as hereinafter provided, no sign shall be constructed, displayed or altered without an approved sign permit. Signs are permitted under the various use classifications or locations specified in this chapter. ITEM NUMBER: 2 DATE: 7-18-06 (2) The application requirements, processing, review and approval for a sign permit shall be as set forth in Section 9-15.009 of this chapter. (3) When signs are proposed for a project subject to entitlement approval, a separate sign permit is not required. The application for entitlement and sign shall include complete information per Section 9-15.009 of this chapter, and any other information determined to be necessary for Planning Division review. (c) Exempt Signs. (1) Agricultural Signs. Unlighted, with an aggregate area of thirty-two (32) square feet. One (1) sign per street frontage. (2) Construction Signs. With an aggregate area of forty (40) square feet, not exceeding eight (8) feet in height. One (1) sign per street frontage. (3) Directory Signs. Wall mounted for pedestrian use, with an aggregate area of twenty (20) square feet, not exceeding eight (8) feet in height. (4) Holiday Signs. Holiday and special event decorations, for a single holiday, may be in place up to sixty (60) days. (5) Real Estate Signs. Located on a lot for sale, lease or rent. Aggregate area up to six (6) square feet. Sign must be removed fourteen (14) days after sale or transaction has occurred. One (1) sign per street frontage. (6) Hazard Signs. As long as a hazard exists. (7) Residential Signs and Home Occupations. With an aggregate area of four (4) square feet. Apartment, condominium projects with five (5) or more units, and subdivisions may have an aggregate sign area up to ten (10) square feet. (8) Window Signs. With an aggregate area not exceeding four (4) square feet, at public entrances. (9) Official Government Flags. Signs, flags and notices. (10) Window Lettering. Limited to lettering and graphics with an aggregate area not to exceed fifty percent (50%) of the window area. (11) Landscaped Signs. Consistent with Section 9-4.127. (12) Safety and Directional Signs. With an aggregate area not exceeding four (4) square feet. Such signs shall be pedestrian scale. The City has a compelling interest in ensuring traffic and pedestrian safety. To directly advance that interest, such safety and directional signs are allowed. (13) Banner or Temporary Signs. Constructed from nonpermanent material, (e.g. paper, canvas, vinyl, etc.). Li.lEach business may have one (1) banner sign per public street frontage, with an aggregate area of forty (40) square feet. ii. Temporary signs may be in place for a maximum of thirty x(302-0) days, and then must be down a minimum of 60 days before a new banner may go up. Temp �t be put , more the onee evefy . ty (tin) days. - ii -) aysii.) Banners must be secured flat against a building or secure structure. GO Banners may remain up during the entire sign permit process. (v.)Exemption from specified size and number of banners for temporary non-profit type events (eg farmers market.) ITEM NUMBER DATE: 7-18-06 (14) Redevelopment Projects. Any sign program approved and entered into by the Community Redevelopment Agency of Atascadero, so long as the program is otherwise consistent with the General Plan of the City of Atascadero. (d) Prohibited Signs. (1) Off -Premises signs that direct attention to a business, service or product not sold or offered on the premises on which the sign is located, including billboards; (2) Abandoned Signs. A sign is abandoned where for a period of ninety (90) days or more, there is no sign copy appearing on the sign or where the establishment to which the sign is attached has ceased operation and where it is clear that the sign has been forsaken and deserted or where the sign is fifty percent (50%) or more deteriorated, damaged or destroyed; (3) Confusing signs that simulate in color or design any traffic sign, signal or which makes use of words, symbols or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic; (4) Animated, moving, flashing, blinking, reflecting, glaring or revolving, or any other similar sign, except electronic message boards displaying time or temperature or the display of non-commercial notice services and free speech messages; (5) Roof signs; (6) Snipe signs or any other sign attached to a tree, utility pole, fence post, etc.; (7) Signs on vehicles when the vehicle is parked or placed for the primary purpose of displaying said sign except a sign painted directly upon, magnetically affixed to or permanently affixed to the body or other integral part of the vehicle. Such signs shall not be used as a billboard. Such signs may contain non-commercial messages; (8) -Pet4able ff.m. anently affixed to the gr-ound or- a building, and that are not. othe- ise allowed in this el ( -9) Inflatable signs. (Ord. 400 § 1 (part), 2002: Ord. 255 § 2 (part), 2002) 9-15.005 Allowed signs. (a) Commercial and Industrial Zones. The aggregate sign square footage allowed per site is one hundred twenty-five (125) square feet. This sign square footage may be divided by using more than one type of sign, provided that the aggregate sign square footage allowed per sign does not exceed the following standards: (1) Wall sign. One (1) wall sign per building face with public street frontage or parking lot frontage (except those facing a residential zone) per business (up to two (2) businesses at the same location). Maximum size for wall signs may not exceed one (1) square foot per lineal foot of business frontage or forty (40) square feet, whichever is less. (2) Monument Sign. One (1) monument sign per two hundred (200) lineal feet of public street frontage per site (except streets adjacent to a residential zone). Maximum size of monument sign is not to exceed sixty (60) square feet, and a maximum height of ten (10) feet from the natural grade. ITEM NUMBER DATE: 7-18-06 (3) Suspended Sign. One (1) suspended sign, with an aggregate area not exceeding fifteen (15) square feet, and a minimum ground clearance of eight (8) feet or as regulated by the Uniform Sign Code. (4) Projecting Sign. One (1) projecting sign with an aggregate area not to exceed fifteen (15) square feet. Minimum ground clearance must be eight (8) feet, or as regulated by the Uniform Sign Code. Projecting signs may not be closer than five (5) feet to a public right-of-way. (5) Tenant Sign. Centers with three (3) or more tenants may have one (1) tenant wall sign per business street frontage (except streets adjacent to a residential zone). The aggregate area of tenant signs is not to exceed one (1) square foot per lineal foot of business frontage, or twenty (20) square feet, whichever is less per tenant. Centers may have one (1) center identification monument sign per two hundred (200) lineal feet of street frontage, with a maximum sign area of sixty (60) square feet. Major tenants (ten thousand (10,000) square feet or more) may have one hundred fifty percent (150%) more wall sign area. (6) Freeway signs. In addition to the signs allowed above, sites located adjacent to Highway 101 or a Highway 101 frontage road may be authorized, through administrative use permit, approval to use a freeway oriented sign as provided below: (i.) Businesses located on freeway frontage of Highway 101, and that are a restaurant, service station, provide lodging, or are a dealer of new automobiles, may have a pole mounted freeway oriented sign with an area not to exceed one (1) square foot of sign area per lineal foot of freeway oriented building frontage up to one hundred fifty (15 0) square feet, whichever is less. Pole mounted signs shall not exceed fifty (50) feet in height or the minimum height necessary for effective visibility (see Section 9-15.006(c)). (ii.) Where the principal use is planned shopping, office or industrial complex with five (5) or more tenants, a building mounted freeway oriented sign may be allowed with a maximum area not to exceed one (1) square foot for each lineal foot of building frontage up to sixty (60) square feet per principal tenant, whichever is less. (iii.) Where the building area of a single tenant building exceeds ten thousand (10,000) square feet, a building mounted freeway oriented sign may be allowed with a maximum area not to exceed one (1) square foot for each lineal foot of building frontage up to sixty (60) square feet, whichever is less. Where the building area of a single tenant building is less than ten thousand (10,000) square feet, a building mounted freeway oriented sign may be allowed with a maximum area of forty (40) square feet with a maximum letter height of fourteen (14) inches. Freeway wall signs shall be constructed of individual three-dimensional letters or logos. Rectangular box or cabinet signs shall not be allowed along the US 101 frontage. Signs may be internally illuminated pan channel letters. (7) Gas Station Canopies. In addition to the signs allowed above, a maximum of twenty (20) square feet signs, logos and or color banding shall be permitted on no more than two (2) sides of a pump island canopy structure. The remainder of the pump canopy fascia shall be of an architectural treatment consistent with site architecture. (8) Off Site Subdivision Signs. Subdivision tracts of twenty (20) or more lots may be permitted to install off site directional advertising signage subject to the approval of an administrative use permit subject to the following conditions: ITEM NUMBER DATE: 7-18-06 (i) The subdivision tract shall be located within the City of Atascadero. (ii.) No more than three (3) signs shall be allowed with a maximum height of fifteen (15) feet and sixty (60) square feet of sign area. (iii.) No flags, banners or other decorations shall be affixed to the sign. (iv.) The signs shall not be illuminated. (v.) All signs shall be located on private property with written permission from the property owner provided to the City. (vii.) A building permit shall be obtained for the signs. (viii.) The signs shall be removed prior to final occupancy of the last unit in the tract or after a period of three (3) years whichever is less. The applicant may apply annually for a one-year time extension for active construction projects. (9) Portable Signs and A -frame Signs. One 1) Portable sign per street frontage. Maximum size of portable sign is not to exceed two (2) feet wide by four (4) feet tall. Minimum height is 3 feet tell. Portable and A -frame signs must be located on the business's property or within the boundaries of the shopping center or commercial complex, unless an encroachment permit is obtained for a portable sign located in the public right of way. (b) Downtown Districts. (1) Applicability. Signs within the downtown zoning districts are subject to all applicable requirements of the City's Sign Ordinance, except as provided by this Section. (2) Design Review. The design, materials, illumination and location of all signs shall be reviewed for consistency with the Downtown Design Guidelines. (3) Maximum allowed sign area. Each business shall be allowed a total of one (1) square foot of sign area per linear foot of the street frontage occupied by the business, with a minimum total of twenty (20) square feet allowed for each business, and a maximum total sign area of fifty (50) square feet. (4) Standards for specific types of signs. (i) Wall Signs. a. Maximum number. Each business may have one (1) wall sign, except corner buildings, which may have two (2). A single facade may have a wall sign or awning sign (Subsection D.2), but not both. b. Height. Wall signs shall be located below the top of the parapet or roofline on single story buildings and below the second floor sill on multi -story buildings. c. Placement and materials. The sign may be painted directly on a wall, formed of individual letters attached to a wall, or consist of a sign panel attached to the wall, provided that the design is consistent with the architectural style and features of the building fagade. Internally illuminated "can" signs are not allowed. (ii) Awning Signs. Awning signs may be used instead of allowable wall signs on the same building facade. A logo/insignia or name may be painted, silk-screened, or appliqued onto the awning. a. Sign area. The area of signage on an awning shall not exceed twenty-five percent (25%) of the area of the awning face. ITEM NUMBER DATE: 7-18-06 b. Projection and clearance. Awnings may project a maximum of five (5) feet into the public right-of-way and shall maintain a minimum vertical clearance from the ground of eight (8) feet. c. Design. Awnings shall be securely attached to the buildings and well maintained. No supports or poles may be located in the public right-of-way. Awnings shall complement the building they are attached to. (iii) Projecting Signs. Projecting signs maybe allowed as follows: a. Maximum number and area. Each business within the Downtown is allowed a projecting sign in addition to the wall signs allowed by this section. 1. If the projection is two (2) sided, each side of the sign shall be used in the total allowable area calculation (subsection (C)). 2. No projecting signs shall exceed nine (9) square feet in area per side. b. Projection and Clearance. Projecting signs may extend five (5) feet into the public right-of-way and must maintain a minimum vertical clearance of eight (8) feet. c. Alternative Use of Decorative Pennants. Decorative individual pennants (not strings of pennants) may be used as an alternative to an allowed projecting sign. Only fabric pennants may be used. The image may be painted, silk screened or appliqued on the fabric. Any business logo or insignia shall be included within the total allowable projecting sign area. All decorative pennants shall be well maintained and of professional quality. (iv) Monument Signs. Uses occupying over ten thousand (10,000) square feet may be allowed a monument sign in compliance with the Sign Ordinance, in addition to the sign area and types of signs allowed by this section. Maximum size of monument sign is not to exceed sixty (60) square feet, and a maximum height of ten (10) feet from the natural rg, ade• (v) Window Graphics. Window graphics shall not exceed twenty percent (20%) of the storefront window area, or twenty (20) square feet, whichever is less. Window graphics are not counted as part of the maximum sign area allowed a business. (vi) Multi -Tenant Directory Signs. Multi -tenant directory signs shall not exceed seventy- two (72) inches per tenant. The multi -tenant directory signs are allowed in addition to the sign area and types of signs allowed by this section, provided that the design is consistent with the architectural style and features of the building facade. (vii) Building Name Sign. A building name sign shall not exceed twenty (20) square feet. The building name sign shall be limited to buildings with at least three tenants and shall identify the building, not a business within the building. The building name sign is allowed in addition to the sign area and types of signs allowed by this section, provided that the design is consistent with the architectural style and features of the building fagade. (viii) Portable Signs and A -frame Signs. One (1) Portable sign per street frontage. Maximum size of portable sign is not to exceed two (2) feet wide by four (4) feet tall. Minimum height is 3 feet tell. Portable and A -frame signs must be located on the business's property or within the boundaries of the shopping center or commercial complex, unless an encroachment permit is obtained for a portable sign located in the public right of way. ITEM NUMBER DATE: 7-18-06 (c) Public and Recreation Zones. The following signs are allowed in the P, and L Zones, provided that the aggregate area of signs per site does not exceed one hundred (100) square feet. (1) Wall Sign. One (1) wall sign for each public street frontage for business or tenants with a sign area maximum of ten percent (10%) of the building face or up to a maximum of forty (40) square feet, whichever is less. (2) Suspended Sign. One (1) suspended sign for each public street frontage, with a maximum area of ten (10) square feet for each business or tenant. (3) Monument Sign. One (1) monument sign for each business per three hundred (300) lineal feet of public street frontage. Monument signs may have a maximum sign area of forty (40) square feet, and a maximum height of tenfiV-e-(10-5) feet from the natural grade. (d) All Zoning Districts. The following signs may be allowed, either by conditional use permit or administrative use permit, as specified, in all zoning districts. (1) Community Identification Sign. Community identification signs may be allowed, by conditional use permit, on arterial streets entering the City with a maximum area of eighty (80) square feet and a maximum height of twelve (12) feet. Such signs may include the name of the City, names of civic or religious organizations, and names and locations of City facilities. Such signs shall not contain the names of businesses of commercial products. (2) Information Kiosks. Kiosks for the permanent and/or temporary display of information including community and civic activities, and advertising for local commercial establishments may be allowed. Approval of the size, location, and maintenance requirements for such kiosks shall be established through administrative use permit. (3) Changeable Copy Sign. Approval of the size, location, purpose, design, and content of changeable copy signs shall be by conditional use permit or administrative use permit as provided in Section 9-15.003 (d)(7). (4) Public Transit Facilities. At the discretion of the Community Services Director, advertising signs may be placed on buses and designated bus stop benches used in connection with a public transit program provided by the City of Atascadero. Signs on buses shall be limited to one on each side, neither of which exceeds six (6) square feet. Signs on benches shall be limited to one (1) sign which shall be placed on the back of the bench and which shall not exceed ten (10) inches by thirty-six (3 6) inches. Additional signs and/or modification signs associated with public transit facilities may be approved through conditional use permit process. (Ord. 400 § 1 (part), 2002: Ord. 376 § 2 (Exh. A), 2000; Ord. 354 § 1, 1998; Ord. 255 § 2 (part), 1992) Chapter 4 GENERAL SITE DESIGN AND DEVELOPMENT STANDARDS 9-4.137 Exterior lighting. ITEM NUMBER: 2 DATE: 7-18-06 The standards of this section are applicable to all outdoor night -lighting sources installed after the effective date of this title, except for street lights located within public rights-of- way and all uses established in the Agriculture zone. An electrical permit may be required by Title 8. (a) Illumination Only. Outdoor lighting shall be used for the purpose of illumination only and shall not be designed for or used as an advertising display, except as provided by Sections 9-4.130 et seq. (b) Nondecorative Exterior Lighting Shielded. right Difeeted onto Lot-. All nondecorative exterior lighting shall be shielded to direct light toward buildin s or the ,ground. Light sources shall be designed and adjusted to direct light away from any road or street and away from any property or buildings loutside the ownership of the applicant. (c) Minimization of Light Intensity. No light or glare shall be transmitted or reflected in such concentration or intensity as to be detrimental or harmful to persons or to interfere with the use of surrounding properties or streets. WLight Sources to be Shielded. (d) Decorative Exterior Lighting Shielded. Where lights are used for the purpose of illuminating or accenting building walls, signs, flags, architectural features, or landscaping, the light source is to be shielded so as not to be directly visible from off-site. (e4-) Ground Illuminating Lights. Any light source used for ground area illumination except incandescent lamps of one hundred fifty (150) watts or less and light produced directly by the combustion of natural gas or other fuels, shall be shielded from above in such a manner that the edge of the shield is level with or below the lowest edge of the light source. Where any light source intended for ground illumination is located at a height greater than eight (8) feet, the required shielding is to extend below the lowest edge of the light source a distance sufficient to block the light source from the view of any residential use within one thousand (1000) feet of the light fixture. _(2) Elevated Feattife 111timination. Where lights are tised for- the pufpose of ilitiminati building wails, signs, flags, afehiteetufal featufes, ot! landseaping, the ligh setffee is to be shielded so as fiet to be dir-eedy visible ffem ag site. (fe) Height of Light Fixtures. Freestanding outdoor lighting fixtures shall not exceed the allowed height of the tallest building on the site, pursuant to Section 9-4.111. (Ord. 68 § 9-4.137, 1983) ITEM NUMBER: 2 DATE: 7-18-06 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 3 DATE: 7-18-06 Planning Commission Staff Report Public Hearing Tentative Tract Map 2005-0073 (Tract 2776) 9331 Musselman Drive (La Tierra Ventures) SUBJECT: A Tentative Tract Map application to convert thirty-six (36) existing apartments to condominium air space units on an existing lot of record. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2006-0067 approving Tentative Tract Map 2005-0073 (Tract 2776), a request to establish thirty-six (36) airspace units on one common lot. SITUATION AND FACTS: 1. Applicant/Owners: La Tierra Ventures, 219 S. Halcyon Road, Arroyo Grande, CA 93420 2. Project Address: 9331 Musselman Drive, Atascadero, CA 93422 APN: 030-461-042 3. General Plan Designation: High Density Residential (HDR) 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status Residential Multi -family - 16 (Maximum 16 du/ac) 2.05 acre (approximately 89,441 square feet) Thirty-six residences, currently occupied Class 1(k) Categorical Exemption \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0073 Condo Conversion @ 9331 Musselman Dr\TTM 2005- 0073.PC Staff Report.KM.doc ITEM NUMBER: 3 DATE: 7-18-06 DISCUSSION: Background: The property is located to the east of EI Camino Real, on the north side of Musselman Drive within the RMF -16 Zoning District. The neighborhood is composed of both small single-family developments and multi -family units. The parcel is relatively flat and is currently developed with the thirty-six residences. City sewer serves the property and Atascadero Mutual Water Company provides water service. Condominium Design: The proposed map will convert thirty-six existing apartments to thirty-six (36) airspace units on one legal lot of record. There are twenty-four 2 -bedroom units and twelve 1 - bedroom units ranging in size from 624 to 832 square feet. The units are in five buildings (four 8-plexes and one duplex) with '/2 the units on the upper floors and '/2 the units on the lower floors. Lot Coverage: High-density multi -family residential projects are limited to 50% lot coverage by structures. This lot is approximately 89,441 square feet (net) in area, and the structures (including carports) cover approximately 30,000 square feet or 33% of the lot. Parking: The development provides the required 73 parking spaces, 36 of which are covered and 2 handicapped spaces consistent with the Municipal Code. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0073 Condo Conversion @ 9331 Musselman Dr\TTM 2005- 0073.PC Staff Report.KM.doc ITEM NUMBER DATE: 7-18-06 Open Space: The Municipal Code requires that multi -family developments of 8 units or more provide outdoor recreational open space at a ratio of three hundred (300) square feet per unit. This project provides approximately 370 square feet per unit, not including individual balcony areas. A condition to enhance the picnic area has been added to the draft resolution for the project (condition 13). Picnic Area to be enhanced with Landscaping \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0073 Condo Conversion @ 9331 Musselman Dr\TTM 2005- 0073.PC Staff Report.KM.doc ITEM NUMBER: 3 DATE: 7-18-06 Laundry and Trash Facilities: The individual units share a laundry facility, located near the entrance to the project. In addition, the units share a dumpster, located near the picnic area on the east side of the project. Existing Trees: The applicants submitted a Tree Inspection Report, prepared by Dave's Tree Service on November 7, 2005. The report recommends trimming and canopy for two trees and indicates a third may require future removal. Condition 14 requires that all tree maintenance be accomplished and that a separate tree removal permit be processed at the time it is determined the tree should be removed. Condominium Conversion Requirements: The City's Municipal Code requires that the structures, driveways, landscaped areas, common areas, and facilities be refurbished and restored to a safe and usable condition. All deficiencies are to be corrected prior to recordation of the Final Map (Title 11, Subdivisons; Chapter 12). Based on the Property Condition Report and the Pest Inspection Report, the project has been conditioned to restore and/or refurbish all thirty-six units to a safe and usable state, prior to recordation of the final map and/or the condominium plan. See conditions 14 through 18. Public Improvements: The project has been conditioned to slurry seal Musselman Drive along the property frontage (Condition 42). The project has been conditioned to repair or replace the damaged concrete driveway approach as the northern entrance to the project (Condition 44). Environmental Review: As proposed, the project qualifies for a exempts from CEQA review the division residences into common -interest ownership. Consistency: Class 1(k) categorical exemption, which of existing multiple family or single-family The proposed condominium conversion project, as conditioned, is consistent with the General Plan High Density Residential Land Use Designation, the Residential Multi- family Zoning regulations and the applicable provisions of the Subdivision Map Act for conversion projects. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0073 Condo Conversion @ 9331 Musselman Dr\TTM 2005- 0073.PC Staff Report.KM.doc ITEM NUMBER: 3 DATE: 7-18-06 CONCLUSION: The proposed condominium map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance and the airspace configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Tentative Tract Map as conditioned. ALTERNATIVES: 1. The Commission may approve the project subject to additional or revised project conditions. The Commission's motion to approve must include any new or revised project conditions. 2. The Commission may deny the project if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 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. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 — Tree Inspection Report Attachment 2 -- Draft Resolution PC 2006-0067 Exhibit A — CEQA Exemption Exhibit B — Conditions of Approval Exhibit C - Tentative Tract Map 2776 \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0073 Condo Conversion @ 9331 Musselman Dr\TTM 2005- 0073.PC Staff Report.KM.doc ITEM NUMBER DATE: 7-18-06 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2005-0073 9331 Musselman Drive Zone: Residential Multi -family - 16 du/ac (RMF -16) Land Use Designation: High Density Residential (HDR) \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0073 Condo Conversion @ 9331 Musselman Dr\TTM 2005- 0073.PC Staff Report.KM.doc ITEM NUMBER DATE: 7-18-06 ATTACHMENT 2: Tree Inspection Report TPM 2005-0073 (TRACT 2776) 9331 Musselman Drive THE FOLLOWING THREE REPORTS DISCUSS THE TREE ISSUE, THE ROOF CONDITION AND THE CONDITION OF THE FURNACES FOR ALL THE UNITS DAVE'S TREE SERVICE 625 Jameson Ct. Arroyo Grande, CA 93420 805.481. 1038 Arborist Report November 7, 2005 Field Notes Goodell/Cocks Property Musselman, Atascadero 1. Tree 1 Quercus agrifolia — Coast Live Oak Located in lawn, opposite laundry room, 20'-25' in from street Several old cuts (6"+) have decayed Cavity opens at base Decay column likely extends up trunk and into primary scaffolds Wall of healthy tissue at least 6" at drill sites Thin canopy and reduce height by 10"+/- (with 2"-3" diameter cuts) 2. Tree 2 Quercus lobata — Valley Oak Located in planter at center of complex between parking (surrounded by pyracartha & lawn) Circumference of approx. 10" Approx. 30 decayed w/open cavity Center of tree was dead at 2 drill sites 5" above grade Granary tree used by woodpeckers Woodpecker nesting site in 2 of 3 primary scaffolds Trenching within 10' of trunk (underground telephone boxes) This oak will probably need to be removed 3. Tree 3 Quercus agrifolia — Coast Live Oak Located in backyard of unit 30 Entire trunk is completely hollow (I could stand inside this tree.) Entire canopy appears to be composed of suckers arising at the top of what is left of the trunk Most of the branches have been reduced Wall of healthy tissue at least 6" at drill sites Thin and reduce Reduce upper and lower limbs over yard of unit 30, reduce upper limb hard or remove \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0073 Condo Conversion @ 9331 Musselman Dr\TTM 2005- 0073.PC Staff Report.KM.doc ITEM NUMBER: 3 DATE: 7-18-06 ATTACHMENT 2: Tree Inspection Report - Page 2 TPM 2005-0073 (TRACT 2776) 9331 Musselman Drive .'� c'cwwc sci:z urr x i Tree 3 — Not Shown ,.�N inti A \00\ vnr /moi• �-(; .•\' /k �\\`. _•• OWNEi WOW vw,m Ai \ W f i` mak• , \ y 1\ \"; \„'' I Tree 2 Tree 1 •� � � m�� \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0073 Condo Conversion @ 9331 Musselman Dr\TTM 2005- 0073.PC Staff Report.KM.doc ITEM NUMBER: 3 DATE: 7-18-06 ATTACHMENT 3: Draft Resolution PC 2006-0067 TPM 2005-0073 (TRACT 2776) 9331 Musselman Drive DRAFT RESOLUTION NO. PC 2006-0067 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE TRACT MAP 2005-0073, ESTABLISHING THIRTY-SIX AIRSPACE UNITS ON ONE COMMON LOT AT 9331 MUSSELMAN DRIVE (LA TIERRA VENTURES) WHEREAS, an application was received from La Tierra Ventures, 219 S. Halcyon Road, Arroyo Grande, CA 93420 (Owner/Applicant), to consider a Tentative Tract Map for conversion of thirty-six existing dwellings to airspace condominiums on one common lot); and, WHEREAS, a Categorical Exemption (Class 1(k)) was prepared for the project in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the site's General Plan Designation is High Density residential (HDR); and, WHEREAS, the site's zoning district is RMF -16 (Residential Multi -family — 16 du/ac); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject tentative tract map application was held by the Planning Commission of the City of Atascadero, at which both oral and documentary evidence was admitted on behalf of said projects; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for approval of condominium conversion map. The Planning Commission finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0073 Condo Conversion @ 9331 Musselman Dr\TTM 2005- 0073.PC Staff Report.KM.doc ITEM NUMBER: 3 DATE: 7-18-06 4. The design and improvement of the proposed map will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The map is consistent with the character of the immediate neighborhood. 6. The design of the condominium map will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed condominium map design and type of improvements proposed will not cause serious public health problems. 8. The proposed conversion will not displace a significant number of low-income or moderate -income households or senior citizens at a time when no equivalent housing is readily available in the City. 9. The current tenants have been notified in writing of the applicant's intent to convert the existing residence to a condominium, in accordance with Section 66452 of the California Subdivision Map Act. 10. Each tenant and each person applying for the rental of the units shall receive all applicable notices and rights now or hereafter required by Section 66427. 11. Each tenant will be notified within 10 days of approval of the final tract map for the proposed conversion. 12. The applicant will give 180 days' written notification to each tenant of owner's intention to convert prior to termination of tenancy due to the proposed conversion. 13. Each of the tenants will be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. This right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. SECTION 2. Approval, The Planning Commission of the City of Atascadero, in a regular session assembled on July 18, 2006 resolved to approve Tentative Tract Map 2005-0073 (TRACT 2776) subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Tract Map 2005-0073 (TRACT 2776) \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0073 Condo Conversion @ 9331 Musselman Dr\TTM 2005- 0073.PC Staff Report.KM.doc ITEM NUMBER: 3 DATE: 7-18-06 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 Ellen Beraud Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0073 Condo Conversion @ 9331 Musselman Dr\TTM 2005- 0073.PC Staff Report.KM.doc ITEM NUMBER: 3 DATE: 7-18-06 EXHIBIT A: Proposed Categorical Exemption TPM 2005-0073 CITY OF ATAS CADER O NOTICE OF EXEMPTION 6907 El Camino Real Atascadero, CA 93422 805.461.5000 July 3, 2006 TO: County Clerk, County of San Luis Obispo FROM: Kerry Margason, Associate Planner City of Atascadero 6907 El Camino Real Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Project Title: Tract 2776, a 36 -Unit Condominium Conversion Project Project Location (Include Co.): 9331 Musselman Drive, Atascadero, 93422; San Luis Obispo County Project Description: Conversion of 36 existing residential rental units to common interest home ownership units. Name of Public Agency pproving Project: City of Atascadero Name of Person or Agency CqMng Out Project: La Tierra Ventures, LLC, 219 S. Halcyon Road, Arroyo Grande, CA 93420 (805) 473-3300 Exempt Status: ❑ Ministerial (Sec. 15073) ❑ Emergency Project (Sec. 1507 (b) and (c)) ❑ Declared Emergency (Sec. 15061 (a)) ❑ General Rule Exemption (Sec. 1506 Lc) ® Categorically Exempt (Sec. 15301(c)) Reasons why project is exempt: Class 1 of the California Environmental Quality Act (CEQA) (Section 15301, Existing Facilities) exempts the division of existing multiple family residences into common interest ownership. Contact Person: Kerry Margason, Associate Planner, (805) 461-5000, ext. 3442 Date: July 3, 2006 Kerry Margason, Associate Planner \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0073 Condo Conversion @ 9331 Musselman Dr\TTM 2005- 0073.PC Staff Report.KM.doc ITEM NUMBER DATE: 7-18-06 EXHIBIT B: Conditions of Approval / Mitigation Monitoring TPM 2005-0073 Conditions of Approval Timing Responsibility /Monitoring TPM 2005-0073 PS: Planning Services BS: Building Services Address: 9331 Musselman Drive BL: Business License GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Permit FI: Final Inspection CE: City Engineer WW: Wastewater TO: Temporary Occupancy CA: City Attorney F0: Final Occupancy Standard Planning Conditions 1. The approval of this application shall become final, subject to the FM PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority FM PS to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Tract Map. 4. A tract map drawn in substantial conformance with the approved FM PS tentative tract map and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless the City Ongoing CA of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. The tract map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Planning Conditions 7. Prior to final map, the applicant shall submit CC&Rs for review and FM PS/PW approval by the Community Development Department. The CC&R's shall record with the Final Tract Map/Condominium Plan and shall include the following: a. Exclusive use easements for private yard areas, if any. b. Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. C. Provisions for financing maintenance and upkeep of all \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0073 Condo Conversion @ 9331 Musselman Dr\TTM 2005- 0073.PC Staff Report.KM.doc ITEM NUMBER DATE: 7-18-06 Conditions of Approval Timing Responsibility /Monitoring TPM 2005-0073 PS: Planning Services BS: Building Services Address: 9331 Musselman Drive BL: Business License GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Perrnit FI: Final Inspection CE: City Engineer WW: Wastewater TO: Temporary Occupancy CA: City Attorney FO: Final Occupancy common areas. d. A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. e. Fencing details and requirements for maintenance. f. Parking requirements, if any. g. A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 8. This map shall be for the approval of 36 airspace units on one FM PS common lot. There shall be no further division of the property. 9. All provisions for conversion of rental units to condominium units, as FM PS detailed in the California Subdivision Map Act shall be complied with and documentation shall be provided to the Community Development Department for review and approval. 10. Prior to recordation of the final tract map, the applicant shall submit FM PS/PW a condominium plan for recording concurrently with the final tract map. A qualified licensed professional shall prepare the final tract map and the condominium plan. 11. Prior to final map recordation, all smoke alarms shall be replaced FM PS and tested to confirm all devices are in good working order. The developer shall submit documentation from a licensed contractor or civil engineer stating all fire safety devices are installed and operating correctly. 12. Each of the tenants will be given notice of an exclusive right to Ongoing PS contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. This right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. 13. Prior to recordation of the Final Map, the applicant shall submit a FM PS landscaping plan for enhancing the picnic area in the northeast corner of the project. 14. Prior to recordation of the Final Map, the applicant shall FM PS implement the recommendations of the tree inspection prepared by Dave's Tree Service and dated November 5, 2005. If it is determined at a future time that Tree 2 must be removed, the applicant shall apply for a tree removal permit. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0073 Condo Conversion @ 9331 Musselman Dr\TTM 2005- 0073.PC Staff Report.KM.doc ITEM NUMBER DATE: 7-18-06 Conditions of Approval Timing Responsibility /Monitoring TPM 2005-0073 PS: Planning Services BS: Building Services Address: 9331 Musselman Drive BL: Business License GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Perrnit FI: Final Inspection CE: City Engineer WW: Wastewater TO: Temporary Occupancy CA: City Attorney F0: Final Occupancy Building Department Conditions 15. Prior to recordation of the final tract map, the applicant shall FM BS obtain all necessary building permits to complete the repairs recommended in the Property Condition Report, prepared by Powers Construction, dated June 6, 2006. 16. Prior to recordation of the final tract map, the applicant shall FM PS obtain a termite report and all necessary building permits to complete the repairs as may be recommended in the report. 17. Prior to recordation of the final tract map, all necessary repairs FM BS shall be reinspected by the licensed contractor of record. 18. Prior to recordation of the final tract map, final inspections shall FM BS be completed for all items as outlined in the reports referred in conditions above. 19. All recommendations for tree maintenance, as prepared by FM PS Dave's Tree Service, dated November 7, 2005 shall be implemented, except for the removal of the Valley Oak in the planter at the center of the complex. If necessary, the applicant shall apply for the tree removal under a separate permit. City Engineer Standard Conditions 20. All public improvements shall be constructed in conformance with FM PW the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 21. In the event that the applicant is allowed to bond for the public FM PW improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 22. An engineer's estimate of probable cost shall be submitted for FM PW review and approval by the City Engineer to determine the amount of the bond. 23. The Subdivision Improvement Agreement shall record concurrently FM PW with the Final Tract Map. 24. An encroachment permit shall be obtained prior to the issuance of a BP PW building permit. 25. A six (6) foot Public Utility Easement (PUE) shall be provided FM PW contiguous to the Musselman Drive property frontage. 26. The applicant shall be responsible for the relocation and/or alteration BP PW of existing utilities. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0073 Condo Conversion @ 9331 Musselman Dr\TTM 2005- 0073.PC Staff Report.KM.doc ITEM NUMBER DATE: 7-18-06 Conditions of Approval Timing Responsibility /Monitoring TPM 2005-0073 PS: Planning Services BS: Building Services Address: 9331 Musselman Drive BL: Business License GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Perrnit FI: Final Inspection CE: City Engineer WW: Wastewater TO: Temporary Occupancy CA: City Attorney FO: Final Occupancy 27. The applicant shall install all new utilities (water, gas, electric, cable BP PW TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 28. The applicant shall monument all property corners for construction FM PW control and shall promptly replace them if disturbed. 29. The applicant shall acquire title interest in any off-site land that may FM PW be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 30. Slope easements shall be provided as needed to accommodate cut FM PW or fill slopes. 31. Drainage easements shall be provided as needed to accommodate FM PW both public and private drainage facilities. 32. A preliminary subdivision guarantee shall be submitted for review in FM PW conjunction with the processing of the final tract map. 33. All existing and proposed utility, pipeline, open space, or other FM PW easements are to be shown on the final tract map. If there are building or other restrictions related to the easements, they shall be noted on the tract map. The applicant shall show all access restrictions on the final tract map. 34. The final tract map shall be signed by the City Engineer prior to the FM PW map being placed on the agenda for City Council acceptance. 35. Prior to recording the final tract map, the applicant shall submit a FM PW map drawn in substantial conformance with the approved tentative tract map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 36. Prior to recording the final tract map, the applicant shall set FM PW monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the final tract map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 37. Prior to recording the final tract map, the applicant shall pay all FM PW outstanding plan check/inspection fees. 38. Prior to recording the final tract map, the applicant shall complete all FM PW improvements required by these conditions of approval. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0073 Condo Conversion @ 9331 Musselman Dr\TTM 2005- 0073.PC Staff Report.KM.doc ITEM NUMBER DATE: 7-18-06 Conditions of Approval Timing Responsibility /Monitoring TPM 2005-0073 PS: Planning Services BS: Building Services Address: 9331 Musselman Drive BL: Business License GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Perrnit FI: Final Inspection CE: City Engineer WW: Wastewater TO: Temporary Occupancy CA: City Attorney F0: Final Occupancy 39. Prior to recording the final tract map, the applicant shall have the FM PW map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the tract map. 40. Upon recording the final tract map, the applicant shall provide the FM PW City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 41. Prior to the final inspection of any public improvements, the BP PW applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 42. Prior to the final inspection, the applicant shall submit a written BP PW certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. City Engineer Project Conditions 43. The applicant shall slurry seal Musselman Drive across the entire FM PW frontage of the property, to a width of '/z the street plus 10 feet, as determined by the City Engineer. 44. Applicant to repair or replace northerly driveway approach per City Standard 423. Atascadero Mutual Water Company Project Conditions 45. The applicant shall obtain a "Will Serve" letter from AMWC for FM AMWCo. each of the newly created condominium units within the subdivision. 46. The applicant shall install separate water meters for each of the BP AMWCo. newly condominium units within subdivision. Separate landscape irrigation meters shall be installed for open space or common area landscaping. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0073 Condo Conversion @ 9331 Musselman Dr\TTM 2005- 0073.PC Staff Report.KM.doc ITEM NUMBER: 3 DATE: 7-18-06 EXHIBIT C: Tentative Tract Map TRACT 2776 TPM 2005-0073 \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0073 Condo Conversion @ 9331 Musselman Dr\TTM 2005- 0073.PC Staff Report.KM.doc ITEM NUMBER: 4 DATE: 7-18-06 Planning Commission Staff Report Public Hearing Tentative Tract Map 2005-0075, PLN 2099-0740 (Tract 2757) 5547 Tunitas Avenue (Gustafson) SUBJECT: Tentative Tract Map application to convert four (4) existing apartments to condominium air space units over an existing lot of record. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2006-0066 approving Tentative Tract Map 2005-0075 (Tract 2757), a request to establish four (4) airspace units on one common lot. SITUATION AND FACTS: 1. Applicant/Owners: Lee and Joy Gustafson, 885 Wild Oats Way, Templeton, CA 93465 2. Project Address: 5547 Tunitas Avenue, Atascadero, CA 93422 APN: 029-082-013 3. General Plan Designation: Medium Density Residential (MDR) 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status Residential Multi -family - 10 (Maximum 10 du/ac) 53 acre (approximately 23,102 square feet) Four residences, currently occupied Class 1 Categorical Exemption \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0075 Tunitas\TTM 2005-0075.PC Staff Report.KM.doc ITEM NUMBER: 4 DATE: 7-18-06 DISCUSSION: Background: The property is located on the east side of Tunitas Avenue, north of Olmeda Avenue and south of Bajada Road within the RMF -10 Zoning District. The property is located in a neighborhood which consists of both single-family and multi -family units. The parcel is relatively flat and is currently developed with the four residences. City sewer serves the property and Atascadero Mutual Water Company provides water service. Condominium Design: The proposed map will convert four existing apartments to four (4) airspace units on one legal lot of record. The four units are different in size and layout. Unit one is 1,489 square feet with 3 bedrooms and 2 baths. Unit two is 968 square feet with 2 bedrooms and 1 bath. Units three and four are 1,130 square feet each with 2 bedrooms and 1 bath. Medium -density multi -family residential projects are limited to 40% lot coverage by structures. This lot is approximately 23,102 square feet (net) in area, and the structures cover approximately 4,715 square feet or 21 % of the lot. The development provides the 11 required parking spaces with five spaces within individual garages, five tandem spaces in front of the garages and one parallel space on the south side of the development. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0075 Tunitas\TTM 2005-0075.PC Staff Report.i<M.doc ITEM NUMBER: 4 DATE: 7-18-06 ,'f rNwlo UW aawAno m i LEGEND ��; ♦ =_ _ ,-�^'" OWNER Parking Spaces 1 TMTAT,K TRACT MAP Private Open Space Areas -- TRACT 2757 • :: w'Z: a.. IEE «ISTD Private open space for the units is located in the rear and side yard areas of the units and equals or exceeds the 100 square feet minimum requirement. In addition, each unit has 100 square feet of storage space within the individual garages. Each unit will be responsible for its associated landscaping and solid waste containers as outlined in the Conditions, Covenants and Restrictions for the project (see Condition 7a -g). Condominium Conversion Reauirements: The City's Municipal Code requires the structures, driveways, landscaped areas, common areas, and facilities be refurbished and restored to a safe and usable condition. All deficiencies are to be corrected prior to recordation of the Final Map (Title 11, Subdivisons; Chapter 12). Project conditions have been included in the draft resolution to address the recommendations of the Property Condition Report and the Pest Inspection Report. The conditions are to be completed prior to recordation of the Final Map and the condominium plan. See conditions 15 and 16. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0075 Tunitas\TTM 2005-0075.PC Staff Report.KM.doc ITEM NUMBER: 4 DATE: 7-18-06 In addition, conditions have also been added to address the pavement deterioration (condition 16). Public Improvements: The project has been conditioned to slurry seal Tunitas Avenue along the property frontage (Condition 47). Environmental Review: As proposed, the project qualifies for a Class 1(k) categorical exemption, which exempts from CEQA review the division of existing multiple -family or single-family residences into common -interest ownership. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0075 Tunitas\TTM 2005-0075.PC Staff Report.i<M.doc ITEM NUMBER: 4 DATE: 7-18-06 Consistency: The proposed condominium conversion project, as conditioned, is consistent with the General Plan Medium Density Residential Land Use Designation, the Residential Multi - Family Zoning regulations, and the applicable provisions of the Subdivision Map Act for conversion projects. CONCLUSION: The proposed condominium map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance, and the airspace configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Tentative Tract Map as conditioned. ALTERNATIVES: 1. The Commission may approve the project subject to additional or revised project conditions. The Commission's motion to approve must include any new or revised project conditions. 2. The Commission may deny the project if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 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. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2006-0066 Exhibit A — CEQA Exemption Exhibit B — Conditions of Approval Exhibit C - Tentative Tract Map TRACT 2757 \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0075 Tunitas\TTM 2005-0075.PC Staff Report.i<M.doc ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2005-0075 5547 Tunitas Avenue I RMF -10 I Rosario Avenue i ITEM NUMBER: 4 DATE: 7-18-06 Zone: Residential Multi -family - 10 du/ac (RMF -10) Land Use Designation: Medium Density Residential (MDR) \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0075 Tunitas\TTM 2005-0075.PC Staff Report.KM.doc ITEM NUMBER: 4 DATE: 7-18-06 ATTACHMENT 2: Draft Resolution PC 2006-0066 TPM 2005-0075 (TRACT 2757) 5547 Tunitas Avenue DRAFT RESOLUTION NO. PC 2006-0066 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE TRACT MAP 2005-0075, ESTABLISHING FOUR AIRSPACE UNITS ON ONE COMMON LOT AT 5547 TUNITAS AVENUE (GUSTAFSON) WHEREAS, an application was received from Lee and Joy Gustafson, 885 Wild Oats Way, Templeton, CA 93465 (Owner/Applicant), to consider a Tentative Tract Map for conversion of four existing dwellings to airspace condominiums on one common lot); and, WHEREAS, a Categorical Exemption (Class 1(k)) was prepared for the project in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the site's General Plan Designation is Medium Density residential (MDR); and, WHEREAS, the site's Zoning District is RMF -10 (Residential Multi -Family — 10 du/ac); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero, at which both oral and documentary evidence was admitted on behalf of said projects; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for approval of condominium conversion map. The Planning Commission finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0075 Tunitas\TTM 2005-0075.PC Staff Report.KM.doc ITEM NUMBER: 4 DATE: 7-18-06 4. The design and improvement of the proposed map will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The map is consistent with the character of the immediate neighborhood. 6. The design of the condominium map will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed condominium map design and type of improvements proposed will not cause serious public health problems. 8. The proposed conversion will not displace a significant number of low-income or moderate -income households or senior citizens at a time when no equivalent housing is readily available in the City. 9. The current tenants have been notified in writing of the applicant's intent to convert the existing residence to a condominium, in accordance with Section 66452 of the California Subdivision Map Act. 10. Each tenant and each person applying for the rental of the units shall receive all applicable notices and rights now or hereafter required by Section 66427. 11. Each tenant will be notified within 10 days of approval of the final tract map for the proposed conversion. 12. The applicant will give 180 days' written notification to each tenant of owner's intention to convert prior to termination of tenancy due to the proposed conversion. 13. Each of the tenants will be given notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. This right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. SECTION 2. Approval, The Planning Commission of the City of Atascadero, in a regular session assembled on July 18, 2006 resolved to approve Tentative Tract Map 2005-0075 (TRACT 2757) subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Tract Map 2005-0075 (TRACT 2757) \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0075 Tunitas\TTM 2005-0075.PC Staff Report.KM.doc ITEM NUMBER: 4 DATE: 7-18-06 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 Ellen Beraud Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0075 Tunitas\TTM 2005-0075.PC Staff Report.KM.doc ITEM NUMBER: 4 DATE: 7-18-06 EXHIBIT A: Proposed Categorical Exemption TPM 2005-0075 CITY OF ATASCADERO NOTICE OF EXEMPTION 6907 El Camino Real Atascadero, CA 93422 805.461.5000 July 3, 2006 TO: County Clerk, County of San Luis Obispo FROM: Kerry Margason, Associate Planner City of Atascadero, 6907 El Camino Real Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Project Title: Tract 2757, a 4 -Unit Condominium Conversion Project Project Location (Include Co.): 5547 Tunitas Avenue, Atascadero, 93422; San Luis Obispo County Project Description: Conversion of 4 existing residential rental units to common interest home ownership units. Name of Public Agency pproving Project: City of Atascadero Name of Person or A _gency Carrying Carrying Out Project: Lee and Joy Gustafson, 885 Wild Oats Way, Templeton, CA 93465 (805) 434-2689 Exempt Status: ❑ Ministerial (Sec. 15073) ❑ Emergency Project (Sec. 1507 (b) and (c)) ❑ Declared Emergency (Sec. 15061 (a)) ❑ General Rule Exemption (Sec. 15061.c) ® Categorically Exempt (Sec. 15301(c)) Reasons why project is exempt: Class 1 of the California Environmental Quality Act (CEQA) (Section 15301, Existing Facilities) exempts the division of existing multiple family residences into common interest ownership. Contact Person: Kerry Margason, Associate Planner, (805) 461-5000, ext. 3442 Date: July 3, 2006 Kerry Margason, Associate Planner \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0075 Tunitas\TTM 2005-0075.PC Staff Report.KM.doc ITEM NUMBER DATE: 7-18-06 EXHIBIT B: Conditions of Approval / Mitigation Monitoring TPM 2005-0075 Conditions of Approval Timing Responsibility /Monitoring TPM 2005-0075 PS: Planning Services BS: Building Services Address: 5547 Tunitas Avenue BL: Business License GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Permit FI: Final Inspection CE: City Engineer WW: Wastewater TO: Temporary Occupancy CA: City Attorney F0: Final Occupancy Standard Planning Conditions 1. The approval of this application shall become final, subject to the FM PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority FM PS to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Tract Map. 4. A tract map drawn in substantial conformance with the approved FM PS tentative tract map and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless the City Ongoing CA of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. The tract map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Planning Conditions 7. Prior to final map, the applicant shall submit CC&Rs for review and FM PS/PW approval by the Community Development Department. The CC&R's shall record with the Final Tract Map/Condominium Plan and shall include the following: a. Exclusive use easements for private yard areas. b. Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. C. Provisions for financing maintenance and upkeep of all \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0075 Tunitas\TTM 2005-0075.PC Staff Report.KM.doc ITEM NUMBER DATE: 7-18-06 Conditions of Approval Timing Responsibility /Monitoring TPM 2005-0075 PS: Planning Services BS: Building Services Address: 5547 Tunitas Avenue BL: Business License GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Perrnit FI: Final Inspection CE: City Engineer WW: Wastewater TO: Temporary Occupancy CA: City Attorney FO: Final Occupancy common areas. d. A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. e. Fencing details and requirements for maintenance. f. Individual unit's responsibility for keeping all trash receptacles within the unit's garage or other private storage area, outside the view of the public street. g. Individual unit's responsibility to park vehicles in the unit's garage, leaving the guest parking spaces open for guests and the driveway open for emergency vehicle access. h. A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. i. Maintenance of all onsite drainage features. 8. This map shall be for the approval of 4 airspace units on one FM PS common lot. There shall be no further division of the property. 9. All provisions for conversion of rental units to condominium units, as FM PS detailed in the California Subdivision Map Act shall be complied with and documentation shall be provided to the Community Development Department for review and approval. 10. Prior to recordation of the final tract map, the applicant shall submit FM PS/PW a condominium plan for recording concurrently with the final tract map. A qualified licensed professional shall prepare the final tract map and the condominium plan. 11. Prior to final map recordation, all smoke alarms shall be replaced FM PS and tested to confirm all devices are in good working order. The developer shall submit documentation from a licensed contractor or civil engineer stating all fire safety devices are operating correctly. 12. Prior to final map recordation, all garage doors openers shall be FM PS replaced and tested to confirm all devices are in good working order. The developer shall submit documentation from a licensed contractor or civil engineer stating all garage door opening devices are operating correctly. 13. Prior to final map recordation, the garage firewall on Unit B shall be FM PS inspected and repaired or replaced as necessary. See 1st paragraph on page 2 of the report prepared by Bob Keulen Construction, dated June 27, 2005. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0075 Tunitas\TTM 2005-0075.PC Staff Report.KM.doc ITEM NUMBER DATE: 7-18-06 Conditions of Approval Timing Responsibility /Monitoring TPM 2005-0075 PS: Planning Services BS: Building Services Address: 5547 Tunitas Avenue BL: Business License GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Perrnit FI: Final Inspection CE: City Engineer WW: Wastewater TO: Temporary Occupancy CA: City Attorney F0: Final Occupancy 14. Each of the tenants will be given notice of an exclusive right to Ongoing PS contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. This right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. Building Department Conditions 15. Prior to recordation of the final tract map, the applicant shall FM BS obtain all necessary building permits to complete the repairs recommended in the Wood Destroying Pests and Organisms Inspection Report, prepared by KEY Termite and Pest Control, dated July 21, 2005 and on file in the Community Development Department. 16. Prior to recordation of the final tract map, the applicant shall obtain all necessary building permits to complete the repairs, including concrete and pavement work recommended in the Property Condition Report, prepared by Bob Keulen Construction, dated June 27, 2005 and on file in the Community Development Department. 17. Prior to recordation of the final tract map, all necessary repairs FM BS shall be reinspected by the licensed contractor of record and KEY Termite and Pest Control. 18. Prior to recordation of the final tract map, final inspections shall FM BS be completed for all items as outlined in the reports referred in Conditions 16 and 17. City Engineer Standard Conditions 19. All public improvements shall be constructed in conformance with FM PW the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 20. In the event that the applicant is allowed to bond for the public FM PW improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 21. An engineer's estimate of probable cost shall be submitted for FM PW review and approval by the City Engineer to determine the amount of the bond. 22. The Subdivision Improvement Agreement shall record concurrently FM PW with the Final Tract Map. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0075 Tunitas\TTM 2005-0075.PC Staff Report.KM.doc ITEM NUMBER DATE: 7-18-06 Conditions of Approval Timing Responsibility /Monitoring TPM 2005-0075 PS: Planning Services BS: Building Services Address: 5547 Tunitas Avenue BL: Business License GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Perrnit FI: Final Inspection CE: City Engineer WW: Wastewater TO: Temporary Occupancy CA: City Attorney F0: Final Occupancy 23. An encroachment permit shall be obtained prior to the issuance of a BP PW building permit. 24. A six (6) foot Public Utility Easement (PUE) shall be provided FM PW contiguous to the Tunitas Avenue property frontage. 25. The applicant shall be responsible for the relocation and/or alteration BP PW of existing utilities. 26. The applicant shall install all new utilities (water, gas, electric, cable BP PW TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 27. The applicant shall monument all property corners for construction FM PW control and shall promptly replace them if disturbed. 28. The applicant shall acquire title interest in any off-site land that may FM PW be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 29. Slope easements shall be provided as needed to accommodate cut FM PW or fill slopes. 30. Drainage easements shall be provided as needed to accommodate FM PW both public and private drainage facilities. 31. A preliminary subdivision guarantee shall be submitted for review in FM PW conjunction with the processing of the final tract map. 32. All existing and proposed utility, pipeline, open space, or other FM PW easements are to be shown on the final tract map. If there are building or other restrictions related to the easements, they shall be noted on the tract map. The applicant shall show all access restrictions on the final tract map. 33. The final tract map shall be signed by the City Engineer prior to the FM PW map being placed on the agenda for City Council acceptance. 34. Prior to recording the final tract map, the applicant shall submit a FM PW map drawn in substantial conformance with the approved tentative tract map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 35. Prior to recording the final tract map, the applicant shall set FM PW monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the final tract map, that corners have been set or shall be set by a date specific \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0075 Tunitas\TTM 2005-0075.PC Staff Report.KM.doc ITEM NUMBER DATE: 7-18-06 Conditions of Approval Timing Responsibility /Monitoring TPM 2005-0075 PS: Planning Services BS: Building Services Address: 5547 Tunitas Avenue BL: Business License GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Perrnit FI: Final Inspection CE: City Engineer WW: Wastewater TO: Temporary Occupancy CA: City Attorney F0: Final Occupancy and that they will be sufficient to enable the survey to be retraced. 36. Prior to recording the final tract map, the applicant shall pay all FM PW outstanding plan check/inspection fees. 37. Prior to recording the final tract map, the applicant shall complete all FM PW improvements required by these conditions of approval. 38. Prior to recording the final tract map, the applicant shall have the FM PW map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the tract map. 39. Upon recording the final tract map, the applicant shall provide the FM PW City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 40. Prior to the final inspection of any public improvements, the BP PW applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 41. Prior to the final inspection, the applicant shall submit a written BP PW certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. City Engineer Project Conditions 42. The applicant shall slurry seal Tunitas Avenue across the entire FM PW frontage of the property, to a width of/z the street plus 10 feet. 43. Atascadero Mutual Water Company Project Conditions 44. Before recordation of the final map, the applicant shall submit FM AMWCo. plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All new water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 45. Before the start of construction on the water system BP AMWCo. improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0075 Tunitas\TTM 2005-0075.PC Staff Report.i<M.doc ITEM NUMBER DATE: 7-18-06 Conditions of Approval Timing Responsibility /Monitoring TPM 2005-0075 PS: Planning Services BS: Building Services Address: 5547 Tunitas Avenue BL: Business License GP: Grading Permit FD: Fire Department PD: Police Department BP: Building Perrnit CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary Occupancy CA: City Attorney F0: Final Occupancy agreement. 46. Before issuance of building permits, the applicant shall obtain a FM AMWCo. "Will Serve" letter from AMWC for the newly created lots within the subdivision. 47. Separate water meters for domestic water service are required AMWCo. for each individual condominium unit. 48. The applicant shall obtain a separate landscape -irrigation meter AMWCo. from AMWC for the common areas within the project. Landscaping for common areas shall be drought -tolerant. The landscaping for common areas shall conform to the mitigation measures noted in Table II -7, Hydrology and Water Quality, of the General Plan 2025. The applicant shall keep the use of turf grass in common area landscaping and in other areas to a minimum. 49. Before construction of the water system improvements, AMWC FM AMWCo. shall review and approve the landscape plans for the common areas within the project. 50. The applicant is responsible for designing and constructing water FM AMWCo. system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0075 Tunitas\TTM 2005-0075.PC Staff Report.KM.doc ITEM NUMBER: 4 DATE: 7-18-06 EXHIBIT C: Tentative Tract Map TRACT 2757 TPM 2005-0075 li It gf It t a ki 11 r z 91 lilt i I II 3 €n¢ I . ? IIIA I I II l � � c \'III\`, IM's• �yj \III\�\ IIII �I Pa M3�2 \ \\ sa �� r I j "_� '•'•?il11\\\I lir � �p�¢a _+ `sby 8 FXXi j I� 4 q r�\IIII\{III{Il fill I 2, s l' uy y y I I 1 II <. O �89� i¢!I It It I I{I I;ii a ig !R qR 5- i l n I I 1 g syr bill r 1 Il 15 y6iA N �?i! II i iIII ia'� \ � � I ;'-•�,� a 11 1.I IIII g a"�� b� ®ipP jag Jig it l alyK ®pp&ig: if lit � � � � � •�\;,, 431! 11 III I IN I � _ t � �s �i i //' ♦ p2p@ \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0075 Tunitas\TTM 2005-0075.PC Staff Report.KM.doc L\m•� gs...g.....��a,...k.l I h qI \\Cityhall\cdvlpmnt\- TTM - Tentative Tract Maps\TTM 05\TTM 2005-0075 Tunitas\TTM 2005-0075.PC Staff Report.KM.doc ITEM NUMBER: 2 DATE: 7-18-06 Atascadero Planning Commission Staff Report - Community Development Department Title 9 Planning and Zoning Text Amendment ZCH 2006-0117 / PLN 2006-0110 (City of Atascadero) SUBJECT: Proposed Zoning Ordinance text change to the Industrial Zoning District, the Sign Ordinance, and the Exterior Lighting Standards, consisting of an amendment to portions of Title 9, Planning and Zoning, of the Atascadero Municipal Code. RECOMMENDATION: Staff recommends the Planning Commission adopt Resolution PC 2006-0057, recommending that the City Council introduce an ordinance for first reading, by title only, to approve Zone Change 2006-0117 based on findings. SITUATION AND FACTS: 1. Applicant: City of Atascadero 2. General Plan Designation: Citywide 3. Zoning District: Citywide 4. Environmental Status: Initial Study and Proposed Negative Declaration #2006-0023. ITEM NUMBER: 2 DATE: 7-18-06 DISCUSSION: Summary: The three proposed text amendments made to Title 9 (Planning and Zoning Ordinance) include: 1.) Zone text change to include "utility service centers" in the Industrial and Industrial Park Zoning districts. 2.) Sign ordinance update related to banner signs, free standing portable and "A -frame" signs, and monument signs. 3.) Text update to exterior lighting standards. Analysis: 1_.) Zone Text Change The proposed zone text change consists of adding "utility service center" as a conditionally allowable use to the Industrial and Industrial Park zones. A "utility service center" is defined as "a private or public utility facility providing for customer services (including bill paying), engineering, clerical and construction crew activities. Includes vehicle, material and equipment parking and storage." Currently, utility service centers are permitted as an allowable use in the Commercial Professional and Commercial Retail zones, and a conditionally allowable use in the Public zone only. The Atascadero Mutual Water Company (AMWC) currently owns and operates a service yard and office buildings on the Industrial zoned property immediately north of the Highway 41 bridge over the Salinas River. Numerous water mains and their appurtenances, maintenance buildings, and material and equipment storage operate on the property. The facility is currently operating on site as an existing use, but is not permitted to make changes because utility service centers are not included in either the allowable or conditional uses of the Industrial zone in the Municipal Code. The AMWC is a participant in the Nacimiento Water Project, which as currently approved, will deliver water from Nacimiento Lake to the AMWC service area. The AMWC must treat the water in accordance with the Department of Health Services regulations before distributing it to its share holders. One of the treatment alternatives that the AMWC is considering is a conventional treatment plant on the Industrial zoned property they currently operate. AMWC is also considering the relocation of its administrative offices to this property. The proposed text amendment to the Zoning Ordinance includes changes made to Title 9-3.313 (Conditional uses in the Industrial Zone) and 9-3.303 (Conditional uses in the Industrial Park Zone). The amendment will add utility service centers to the list of conditional uses in these zones. Changes are also made to section 9-3.701 (Purpose) to add to the definition of utility service centers. The definition of "utility service center" will be amended to include "production and treatment facilities." These additions will allow the current and anticipated uses of the AMWC on this site. L. Ivo O Jia s� A 0 s 0>o 0 oa'5 eo'0e14ah�ho ago Viejo, sea eja a° s�raaa�veen4e haeeoue P v m , c` � o . ,.,�... - v, sao oa s C Amy �0oJ oti\oa o Dotoses P Jag aL L J / Qea�o e�4 r � Sao Arroyo Avenue l �Jc / �J \ � as Avera Fresno - 4 Rvenue Mart to Avenue c�itaSgyeh4e 1 qui Olmeda Avenue Je e� Q-°Sat�O P ,N aalh e w L ,caE°'D tie Printed 6/13/20( s Printed by: City of Ata ITEM NUMBER: 2 DATE: 7-18-06 � CITY OF ATASCADERO e aOCJ mrJOM ercedes Ma9ro IP Oma � 7 �yc/L6Oh h, e °sO,r Serena Court :1 a, ero - GIS Division IF - I: Industrial - IP: Industrial Park Atascadero Mutual Water Company Property Road i % I ITEM NUMBER: 2 DATE: 7-18-06 2.) Sign Text Amendment On May 9, 2006, the Signage Task Force submitted a Management Report at the request of City Council. The report outlined portions of the sign ordinance in need of updating and provided recommendations for a sign text amendment. The proposed text amendment to the Sign Ordinance includes changes made to Title 9-15.002 (Definitions), 9-15.003 (Applicability), and 9-15.005 (Allowed Signs). The proposed amendment will update portions of the banner sign requirements and include requirements to allow free standing portable signs consistent with Council's request. In order to clarify the ordinance further, the height of monument signs will be clarified in the ordinance. 1 VALET PARKIN _ i r Carlton Valet Sign: Portable Sign Currently, the sign ordinance prohibits the use of portable signs not permanently affixed to the ground or a building, including "A -frame" signs. The task force is recommending that the ordinance be updated to allow one portable sign, including an A -frame sign, per street frontage. Size restrictions for these signs are recommended for both safety and appearance reasons and are based on the size of the Carlton valet sign. The maximum size of the signs would be two feet wide by five feet tall, and the minimum height would be three feet. Portable signs must be located on the business's property or within the boundaries of the shopping center or commercial complex, unless an encroachment permit is obtained. The city would allow a 90 day amnesty period with no fee for encroachment permits of existing portable signs. These recommendations are included in the proposed text changed, and a general definition of portable signs is added to the ordinance. The ordinance would also be amended to remove portable signs from the list of prohibited signs. By changing portable signs from a prohibited sign to an allowable sign in both the Commercial and Industrial zones, as well as the Downtown Districts, an increased number of this type of sign is to be expected. Many Atascadero businesses currently display portable and A -frame signs illegally, sometimes in unsafe locations such as sidewalks, parking lots, and busy streets. By including this type of sign in the allowable sign section, the City will be able to regulate their size and location. Portable signs will be required to remain on the business's property. By not allowing these signs to be in the right of way, the City is able to reduce its liability for these safety hazards. If a ITEM NUMBER: 2 DATE: 7-18-06 business owner wants to place the sign outside of their property boundaries, they may apply for an encroachment permit and the city will be able to evaluate if they proposed location would be a safety hazard or not. CUSTOM IMPRINTED - APPARAL SIGNS REAL ESr. SALES • �li' HOME Lo, 0,41VNERS Portable A -frame signs The Signage Task Force has also identified the requirements of banner signs as a section in need of clarification and expansion. The text update would extend the allowable time for a banner sign to remain up from twenty days to thirty days, and require that the sign then remain down for sixty days before another one can replace it. The text change would also expand the requirements of banner signs to require that the signs be secured flat against a building or structure. Banners would be allowed to remain up during the entire sign permit process. Temporary events, such as the farmers market, would be exempt from the limited size and number of banner signs. The last issue of the signage text change would be to clarify the height requirement of monument signs in the ordinance. Currently, contradictory height requirements for monument signs are listed in the ordinance. In section 9-15.002 (Definitions) a monument sign is defined as "A freestanding sign not exceeding six (6) feet in height..." Section 9-15.005 (Allowed Signs) more specifically states the "Maximum size of monument sign is not to exceed sixty (60) square feet, and a maximum height of ten (10) feet from the natural grade." Since this second description is the most recent addition to the sign ordinance, staff is proposing that the first description, which limits maximum height at six feet, be removed from the ordinance. This would clarify and streamline the ordinance, removing the discrepancy and allowing all monument signs to be up to ten feet in height. ITEM NUMBER: DATE: A tascadero City Council Management Report - Community Development Department Signage Task Force Council Direction 5-9-06 Banner Sign Update • Time Frame: allow banners up for 30 days then down for 60 days • Quantity: allow one (1) banner per public street frontage • Mounting: banners must be secured flat against a building or secure structure. • Exceptions: Banners may remain up during the entire sign permit and installation process. • Public Info: Provide business owners notification if banners can be converted into permanent signs especially along freeways. • Temporary Events: Special exception for size and number of banners for temporary non profit type events (eg farmers market). A -Frame Sign Update 7-1 SLAA • Quantity: allow one (1) A -frame sign per street frontage • Size: maximum size shall be two (2) feet wide by four (4) feet tall or size of Carlton Valet sign. • Location: A -frame signs must be located on business's property or within the boundaries of the shopping center or commercial complex. • Exceptions: encroachment permits are required for A -Frame signs located in the public right-of-way. Applicant to sign an acceptance of liability for signs in ROW. (The City will allow a 90 -day amnesty period with no fee for encroachment permits of existing A -frame signs.) ITEM NUMBER: 2 DATE: 7-18-06 3.) Exterior Lighting Standards The 2002 update to the General Plan Land Use, Open Space, and Conservation Element, identified areas of the Municipal Code in need of clarification and updating. Policy 1.4 of the Land Use Element states that the City it will "Ensure that `darkness' remain a rural characteristic by requiring that all exterior lighting does not result in significant off-site spillage or glare." Policy program 1.4:1. states: "Amend and maintain the Sign and Zoning Ordinances to require that all nondecorative exterior lighting shall be shielded to direct light toward buildings or the ground." The proposed text amendment to the Chapter 4 of the Municipal Code (General Site Design and Development Standards) will include these changes to Title 9-4.137 (Exterior Lighting) to correspond with the General Plan requirements. Proposed Environmental Determination An Initial Study and proposed Negative Declaration for the project has been prepared with the recommended findings that there will be no significant adverse environmental impacts associated with this project application. CONCLUSIONS: The proposed text amendments are consistent with the General Plan, which is implemented by the Zoning Ordinance. The first portion of the proposed changes will allow for utility service centers, with Planning Commission approval, in the Industrial and Industrial Park Zones. The second portion of the proposed text amendment will clarify the Sign Ordinance requirements, and the third will clarify the Exterior Lighting Standards. ALTERNATIVES: 1. The Commission may recommend modifications of the text amendments to the City council. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the project. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. ITEM NUMBER DATE: 7-18-06 PREPARED BY: Callie Ford, Assistant Planner ATTACHMENTS: Attachment 1: Initial Study and Draft Negative Declaration Attachment 2: Draft Resolution 2006-0065 Attachment 3: Draft Resolution 2006-0057 ITEM NUMBER: DATE: 7-18-06 ATTACHMENT 1: Initial Study and Negative Declaration 2006-0023 SEE FOLLOWING ITEM NUMBER: 2 DATE: 7-18-06 ATTACHMENT 2: Draft Resolution PC 2006-0065 DRAFT RESOLUTION PC 2006-0065 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED NEGATIVE DECLARATION 2006-0023 PREPARED FOR ZONE CHANGE 2006-0117 (Citywide/City of Atascadero) WHEREAS, an application has been received from the City of Atascadero (6907 El Camino Real), to consider a project consisting of Zone Change Text Amendments; and, WHEREAS, an Initial Study and Proposed Negative Declaration 2006-0023 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on July 18, 2006 following the close of the review period to consider the Initial Study and Proposed Negative Declaration; and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to recommend that the City Council certify Proposed Negative Declaration 2006-0023 based on the following Findings: 1. The Proposed Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, ITEM NUMBER: 2 DATE: 7-18-06 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 7-18-06 ATTACHMENT 3: Draft Resolution PC 2006-0057 DRAFT RESOLUTION PC 2006-0057 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2006-0117 TO ESTABLISH A ZONE TEXT CHANGE, SIGN ORDINANCE TEXT CHANGE, AND EXTERIOR LIGHTING STANARDS TEXT CHANGE (Citywide/City of Atascadero) WHEREAS, an application has been received from the City of Atascadero (6907 El Camino Real), to consider Zone Change Text Amendments to conditionally allow utility service centers in Industrial Zones and Industrial Park Zones, a Sign Ordinance Text Change to clarify standards for banner signs, portable signs, and monument signs, and an Exterior Lighting Text Change to coincide with the General Plan requirements; and, WHEREAS, an Initial Study and Draft Negative Declaration 2006-0023 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to Title 9 Planning and Zoning of the Municipal Code; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and Zoning Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and Zoning text amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on July 18, 2006, studied and considered Zone Change 2006-0117; and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: ITEM NUMBER DATE: 7-18-06 SECTION 1. Findings for Approval of a Zone Text Change. The Planning Commission finds as follows: 1. The Planning and Zoning text change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the Zoning Ordinance, Sign Ordinance, and Exterior Lighting Standards will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The text change will not, in itself, result in significant environmental impacts. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 18, 2006 resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would amend the City Planning and Zoning code text with the following: Chapter 3 ZONING DISTRICTS Article 17. IP (Industrial Park) Zone 9-3.303 Conditional uses. The following uses may be allowed in the Industrial Park Zone. The establishment of conditional uses shall be provided by Section 9-2.109 (Conditional use permits): (a) Agricultural processing; (b) Chemical products; (c) Concrete, gypsum, and plaster products; (d) Caretaker residence (see Section 9-6.104); (e) Glass products manufacturing; (f) Machinery manufacturing; (g) Lumber and wood products; (h) Paving materials; (i) Pipelines; 0) Plastic and rubber products; (k) Recycling and scrap (see Section 9-6.131); (1) Schools—business and vocational (see Section 9.6.125); (m) Textile mills; (n) Transit stations and terminals; (o) Vehicle and freight terminals; (p) Paper products; (q) Structural clay pottery products; (r) Indoor recreation; (s) Recycling centers (see Section 9-6.132); (t) Utility service centers; ITEM NUMBER DATE: 7-18-06 (ut) Sales lots (see Section 9-6.139). (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 237 § 1 (D) (part), 1992; Ord. 77 § 1 (2), 1984: Ord. 68 § 9-3.303, 1983) Article 18. 1 (Industrial) Zone 9-3.313 Conditional uses. The following uses may be allowed in the Industrial Zone. The establishment of conditional uses shall be as provided by Section 9-2.109 (Conditional use permits): (a) Chemical products; (b) Caretaker residence (see Section 9-6.104); (c) Petroleum refining and related products; (d) Textile mill; (e) Metal industries—primary; (f) Pipelines; (g) Recycling and scrap (see Section 9-6.131); (h) School—business and vocational (see Section 9-6.125); (i) Transit stations and terminals; 0) Vehicle and freight terminals; (k) Plastic and rubber products; (1) Recycling centers (see Section 9-6.132); (m) Utility service centers; (nm) Sales lots (see Section 9-6.139). (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 237 § 1 (D) (part), 1992; Ord. 68 § 9-3.313, 1983) 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; fruit and ITEM NUMBER: 2 DATE: 7-18-06 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 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, 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. ITEM NUMBER: 2 DATE: 7-18-06 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." 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. ITEM NUMBER: 2 DATE: 7-18-06 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. 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 precast 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. 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, ITEM NUMBER DATE: 7-18-06 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. Establishments (except for wine tasting facilities) may include no more than two (2) gas pumps as an accessory use. 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 ITEM NUMBER DATE: 7-18-06 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. 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. ITEM NUMBER: 2 DATE: 7-18-06 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. 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: 7-18-06 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. 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). ITEM NUMBER: 2 DATE: 7-18-06 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 services generally involving the care of the person which are not medically related, including: beauty and barber shops; shoe repair shops; saunas and hot tubs; dry cleaning pickup stores and small scale dry cleaners without pickup and delivery services; clothing rental; dating and escort services; and related activities. 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 ITEM NUMBER DATE: 7-18-06 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. 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." Recycling and Scrap. Establishments primarily engaged in assembling, breaking up, sorting, temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap. Does not include waste disposal sites, which are separately defined. Does not include 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. ITEM NUMBER DATE: 7-18-06 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. Sales Lots. Sales lots consist of any outdoor sales area for permanent display of recreational vehicles, recreational and utility trailers, motorized farm equipment, boats, heavy commercial trucks (over one ton), 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. Sexually Oriented Business. Any business defined by the Atascadero Sexually Oriented Business Ordinance (see Chapter 5-10 of this Code) as an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, 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 inpatient 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 ITEM NUMBER: 2 DATE: 7-18-06 type operations which are not home occupations, and which are not secondary to on-site retail sales. 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 include: 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. 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. ITEM NUMBER DATE: 7-18-06 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. (Ord. 489 § 2 (part), 2006; Ord. 473 § 2 (part), 2005: Ord. 427 § 1, 2003; Ord. 364 § 2 (part), Exh. A (part), 1999: Ord. 303 § 2 (Exh. A), 1996; Ord. 300 § 2 (6), 1996; Ord. 237 § 1 (C), 1992; Ord. 68 § 9-3.701, 1983) Chapter 15 SIGNS 9-15.002 Definitions. For the purposes of this chapter, the following definitions shall apply: (a) Abandoned Signs. A sign is abandoned when for a period of ninety (90) days or more, there is no sign copy appearing on the sign, or where the establishment with which the sign is associated has ceased operation, or where it is relatively clear that the sign has been forsaken or deserted. Any sign which is a conforming sign not in use, but which could be re -used in conjunction with the ownership or operation of a new business on a property, shall not fall under the definition of abandoned. ITEM NUMBER DATE: 7-18-06 (b) Alteration. Any change of size, shape, illumination, position, location, construction or supporting structure of an existing sign. (c) Animated Sign. A sign with action or motion, rotating, flashing or color changes, excepting therefrom wind actuated elements such as flags, banners, streamers, whirligigs or other similar devices, and public service signs such as time and temperature units. (d) Balloon, Inflatable Signs, or Inflatable Attention -getting Devices. Any air or gas filled device located, attached, or tethered to the ground, site, merchandise, building, or roof and used for the purpose of signage, advertising, or attention -getting. (e) Banner. Any sign of lightweight fabric or similar material that is attached to a building or other structure erected for another purpose. Flags, as defined in this Section, shall not be considered banners. (f) Building Complex. A building or group of buildings on one (1) or more lots or building sites containing three (3) or more separate businesses or industrial uses and sharing common parking facilities. (g) Building Face. The outermost surface of any exterior wall of a building, but not including cornices, bay windows, balconies, or other architectural features which extend beyond the general outermost surface of such exterior wall. (h) Canopy Sign. Any sign that is part of a projecting awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance or window or outdoor service area, or otherwise attached to a building face. (i) Changeable Copy Sign. A sign with changeable copy, regardless of the method of attachment or the materials of construction. 0) Commercial Speech. Any message, the prevailing thrust of which is to propose a commercial transaction. (k) Commercial Signage. Any sign with wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. (1) Corner Clear Zone. The area at a street corner inscribed by a line drawn between points established by measuring back fifteen (15) feet from the beginning of the curb radius along the curb line, or edge of pavement when there is no curb, and the face of the curb or edge of pavement. (m) Dormer. A structure located above the height of a wall projecting from a sloping roof that is enclosed on both sides and top, and does not project above top of the roof structure. (n) Dwelling Unit. Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation. (o) Enforcement Officer. Any City official or agent designated by the City Manager as having authority to enforce the provisions of this Article. (p) Flag. A device, generally made of flexible materials, usually cloth, paper or plastic, usually used as a symbol of a government, school, or religion, and not containing a commercial message. (q) Freestanding Sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground which are independent from any building or other structure. This definition may include pole signs, ground signs and monument signs. ITEM NUMBER: 2 DATE: 7-18-06 (r) Ground Sign. Any freestanding sign greater than six (6) feet in height and supported wholly by uprights, braces, or poles in or upon the ground and where any supports or angle irons are enclosed in a wood, plastic, metal or other decorative form, such that the angle irons or supports are not visible. The entire bottom of a ground sign is generally in contact or in close proximity to the ground. (s) Height. The height of any sign shall be the measurement from the top of the sign cabinet, including all ornamentation and supports, to the existing grade beneath the sign. (t) Illegal Sign. Any sign placed without all required governmental approval and/or permits at the time said sign was placed or is an existing sign which was not constructed in accordance with the ordinances and other applicable laws in effect on the date of construction, did not receive government approval or permits, or a legal nonconforming sign that has exceeded its authorized amortization period. (u) Illuminated Sign. Any sign employing the use of lighting sources for the purpose of decorating, outlining, accentuating or brightening the sign area. (v) Incidental Sign. A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as no parking, entrance, loading only, telephone and other similar directives. A sign that also includes a commercial message is not considered incidental. (w) Institutional. Uses whose primary function is furtherance of the public health, safety and welfare, generally, but not exclusively non-commercial in nature, including, but not limited to the following: hospitals and similar health care facilities, airports, cemeteries, recreational clubs and lodges, museums, theaters and similar cultural institutions, churches and similar religious institutions, detention facilities, fire and police stations, emergency shelters, marinas, parks and similar recreational facilities, schools and similar educational institutions, public utility facilities other than business offices. (x) Legal Non -Conforming Sign. A sign which was legal when first erected, with all necessary permits, but due to a change in the law it became nonconforming. (y) Lot. Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership. (z) Lot Frontage. Those portions of a lot or building site which abut a public street. For purposes of determining frontage on corner lots and through lots, all sides of a lot abutting a public street (excluding an alley) shall be considered frontage. (aa) Marquee. A permanent roofed structure attached to and supported by the building and projecting beyond the building face. (bb) Monument Sign. A freestanding sign which is supported by a base which extends the entire length of the sign area and is an integral part of the design. (cc) Multi -Faced Sign. A sign with two or more sign faces where any two sign faces are oriented such that they have an interior angle of greater than forty-five (45) degrees from each other. (dd) Non -Commercial Signage. Any signage which is not determined to be commercial signage, as defined herein. (ee) Non -Commercial Speech. Any message which is not determined to be commercial speech as defined herein. ITEM NUMBER: 2 DATE: 7-18-06 (ff) Non -Structural Trim. The molding, battens, caps, nailing strips, lattice, cutouts, or letters and walkways which are attached to the sign structure. (gg) Obscene Signs. Signage when taken as a whole, which to the average person applying contemporary statewide standards, appeals to the prurient interest and as a whole depicts or describes in a patently offensive way sexual conduct which lacks serious literary, artistic, political or scientific value. (hh) Off -Site Commercial Signage. Signage that is not located on the site of the business, accommodations, services, or commercial activity served by the sign. (ii) On -Site Commercial Signage. A sign advertising the business, accommodations, services or commercial activities provided on the site on which the sign is located. Oj) Permanent Sign. Any legal sign designed or used in excess of forty-five (45) days. (kk) Permitted Sign. Signs permitted pursuant to this Article. (11) Pole Signs. A sign wholly supported by one or more poles and otherwise separated from the ground by air. (mm) Portable Sign or A -frame Sign. Any freestanding, moveable sign. (nnt) Prohibited Signs. Signs specified in Section 9-15.003(d) of this article or any sign not specified in Section 9-15.005 nor in compliance with the design criteria for this Article. (oonn) Projecting Sign. A sign which projects more than twelve (12) inches from the exterior face of a building wall or facade and which uses the building wall as its primary source of support. (ppeo) Project Entrance Sign. An on-site sign used to identify the name of an apartment housing complex, mobile home park, condominium subdivision or other residential subdivision. (q_gpp) Public Service Sign. A non-commercial sign that provides general information that benefits the public, such as electronic changeable time and temperature units. The renewal of any part of an existing sign for the purpose of its maintenance. (rrqq) Roof Sign. A sign erected upon or above a roof (angled surface) or a parapet of a building or structure, and not contained within a dormer (flat surface). (ssrf) Setback Area. The setback area shall be that area defined as the required minimum yard as specified by the Zoning Ordinance for each Zoning District, unless a specific setback is designated within this Article. (ttss) Sign. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public, with the exception of the following. (1) Such devices not exceeding one (1) square foot in area and bearing only property numbers, post box number, names of occupants or other similar identification on a site. (2) Flags and other insignia of any government not displaying a commercial message. (3) Legal notices, identification, informational or directional/traffic controlling devices erected or required by government agencies. (4) Decorative or architectural features of buildings, except letters, trademarks or moving parts. (5) Holiday decorations and lights. ITEM NUMBER DATE: 7-18-06 (6) Government traffic controlling devices are not considered signs for purposes of this article due to their distinct purpose. (uutt) Sign Area. The entire area contained within the frame, cabinet or fixture, including all ornamentation or decoration used to attract attention. In the case of pole signs, that area above the supporting column, provided such supporting column is not decorated or displayed with advertising. The area of signs painted on walls, individual letter signs, trough signs, and other directly illuminated signs, shall be calculated on the basis of the smallest rectangle, circle or spherical figure that will enclose the entire copy area of the sign. The area of any two (2) or more faced signs or type signs having any interior angle of more than forty-five (45) degrees (multi -faces signs) shall be the total area of all faces or panels. If all interior angles are forty-five (45) degrees or less, the greatest sized panel or face shall only be counted as the sign area. (vvtm) Sign Copy. Any words, letters, numbers, figures, designs or other symbolistic representation incorporated into a sign with the purpose of attracting attention to the subject matter. (www) Sign Face. The surface of the sign upon, against, or through which the message is displayed or illustrated on the sign. (xx) Sign Structure. Any structure that supports or is capable of supporting any sign as defined in this Section. A sign structure may be a single pole and may or may not be an integral part of the building. (yyxx) Site. A lot, or group of contiguous lots, with or without development, in single ownership, or having multiple owners, all of whom join in an application for signage. (zzy-y) Street. A public or private highway, road or thoroughfare which affords the principal means of access to adjacent lots. (Ord. 400 § 1 (part), 2002: Ord. 255 § 2 (part), 1992) 9-15.003 Applicability. (a) General. (1) The provisions of this chapter are applicable to all signs constructed or altered after the effective date of the ordinance codified in this chapter. (2) Nonconforming signs shall be revised to conform to the provisions of this chapter where an entitlement for construction other than minor additions or interior alterations is occurring or where a change of use occurs. (3) All signs that are not specifically exempted from this chapter are subject to the appearance review guidelines and an approved sign permit. (4) Neon signs visible from the public right-of-way, and change in copy or materials for existing signs requires Appearance Review by the Planning Division. (5) The sign design standards herein are intended to be the maximum standards allowable without an administrative use permit or conditional use permit. (b) Permits required. (1) Except as hereinafter provided, no sign shall be constructed, displayed or altered without an approved sign permit. Signs are permitted under the various use classifications or locations specified in this chapter. ITEM NUMBER: 2 DATE: 7-18-06 (2) The application requirements, processing, review and approval for a sign permit shall be as set forth in Section 9-15.009 of this chapter. (3) When signs are proposed for a project subject to entitlement approval, a separate sign permit is not required. The application for entitlement and sign shall include complete information per Section 9-15.009 of this chapter, and any other information determined to be necessary for Planning Division review. (c) Exempt Signs. (1) Agricultural Signs. Unlighted, with an aggregate area of thirty-two (32) square feet. One (1) sign per street frontage. (2) Construction Signs. With an aggregate area of forty (40) square feet, not exceeding eight (8) feet in height. One (1) sign per street frontage. (3) Directory Signs. Wall mounted for pedestrian use, with an aggregate area of twenty (20) square feet, not exceeding eight (8) feet in height. (4) Holiday Signs. Holiday and special event decorations, for a single holiday, may be in place up to sixty (60) days. (5) Real Estate Signs. Located on a lot for sale, lease or rent. Aggregate area up to six (6) square feet. Sign must be removed fourteen (14) days after sale or transaction has occurred. One (1) sign per street frontage. (6) Hazard Signs. As long as a hazard exists. (7) Residential Signs and Home Occupations. With an aggregate area of four (4) square feet. Apartment, condominium projects with five (5) or more units, and subdivisions may have an aggregate sign area up to ten (10) square feet. (8) Window Signs. With an aggregate area not exceeding four (4) square feet, at public entrances. (9) Official Government Flags. Signs, flags and notices. (10) Window Lettering. Limited to lettering and graphics with an aggregate area not to exceed fifty percent (50%) of the window area. (11) Landscaped Signs. Consistent with Section 9-4.127. (12) Safety and Directional Signs. With an aggregate area not exceeding four (4) square feet. Such signs shall be pedestrian scale. The City has a compelling interest in ensuring traffic and pedestrian safety. To directly advance that interest, such safety and directional signs are allowed. (13) Banner or Temporary Signs. Constructed from nonpermanent material, (e.g. paper, canvas, vinyl, etc.). Li.lEach business may have one (1) banner sign per public street frontage, with an aggregate area of forty (40) square feet. ii. Temporary signs may be in place for a maximum of thirty x(302-0) days, and then must be down a minimum of 60 days before a new banner may go up. Temp �t be put , more the onee evefy . ty (tin) days. - ii -) aysii.) Banners must be secured flat against a building or secure structure. GO Banners may remain up during the entire sign permit process. (v.)Exemption from specified size and number of banners for temporary non-profit type events (eg farmers market.) ITEM NUMBER DATE: 7-18-06 (14) Redevelopment Projects. Any sign program approved and entered into by the Community Redevelopment Agency of Atascadero, so long as the program is otherwise consistent with the General Plan of the City of Atascadero. (d) Prohibited Signs. (1) Off -Premises signs that direct attention to a business, service or product not sold or offered on the premises on which the sign is located, including billboards; (2) Abandoned Signs. A sign is abandoned where for a period of ninety (90) days or more, there is no sign copy appearing on the sign or where the establishment to which the sign is attached has ceased operation and where it is clear that the sign has been forsaken and deserted or where the sign is fifty percent (50%) or more deteriorated, damaged or destroyed; (3) Confusing signs that simulate in color or design any traffic sign, signal or which makes use of words, symbols or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic; (4) Animated, moving, flashing, blinking, reflecting, glaring or revolving, or any other similar sign, except electronic message boards displaying time or temperature or the display of non-commercial notice services and free speech messages; (5) Roof signs; (6) Snipe signs or any other sign attached to a tree, utility pole, fence post, etc.; (7) Signs on vehicles when the vehicle is parked or placed for the primary purpose of displaying said sign except a sign painted directly upon, magnetically affixed to or permanently affixed to the body or other integral part of the vehicle. Such signs shall not be used as a billboard. Such signs may contain non-commercial messages; (8) -Pet4able ff.m. anently affixed to the gr-ound or- a building, and that are not. othe- ise allowed in this el ( -9) Inflatable signs. (Ord. 400 § 1 (part), 2002: Ord. 255 § 2 (part), 2002) 9-15.005 Allowed signs. (a) Commercial and Industrial Zones. The aggregate sign square footage allowed per site is one hundred twenty-five (125) square feet. This sign square footage may be divided by using more than one type of sign, provided that the aggregate sign square footage allowed per sign does not exceed the following standards: (1) Wall sign. One (1) wall sign per building face with public street frontage or parking lot frontage (except those facing a residential zone) per business (up to two (2) businesses at the same location). Maximum size for wall signs may not exceed one (1) square foot per lineal foot of business frontage or forty (40) square feet, whichever is less. (2) Monument Sign. One (1) monument sign per two hundred (200) lineal feet of public street frontage per site (except streets adjacent to a residential zone). Maximum size of monument sign is not to exceed sixty (60) square feet, and a maximum height of ten (10) feet from the natural grade. ITEM NUMBER DATE: 7-18-06 (3) Suspended Sign. One (1) suspended sign, with an aggregate area not exceeding fifteen (15) square feet, and a minimum ground clearance of eight (8) feet or as regulated by the Uniform Sign Code. (4) Projecting Sign. One (1) projecting sign with an aggregate area not to exceed fifteen (15) square feet. Minimum ground clearance must be eight (8) feet, or as regulated by the Uniform Sign Code. Projecting signs may not be closer than five (5) feet to a public right-of-way. (5) Tenant Sign. Centers with three (3) or more tenants may have one (1) tenant wall sign per business street frontage (except streets adjacent to a residential zone). The aggregate area of tenant signs is not to exceed one (1) square foot per lineal foot of business frontage, or twenty (20) square feet, whichever is less per tenant. Centers may have one (1) center identification monument sign per two hundred (200) lineal feet of street frontage, with a maximum sign area of sixty (60) square feet. Major tenants (ten thousand (10,000) square feet or more) may have one hundred fifty percent (150%) more wall sign area. (6) Freeway signs. In addition to the signs allowed above, sites located adjacent to Highway 101 or a Highway 101 frontage road may be authorized, through administrative use permit, approval to use a freeway oriented sign as provided below: (i.) Businesses located on freeway frontage of Highway 101, and that are a restaurant, service station, provide lodging, or are a dealer of new automobiles, may have a pole mounted freeway oriented sign with an area not to exceed one (1) square foot of sign area per lineal foot of freeway oriented building frontage up to one hundred fifty (15 0) square feet, whichever is less. Pole mounted signs shall not exceed fifty (50) feet in height or the minimum height necessary for effective visibility (see Section 9-15.006(c)). (ii.) Where the principal use is planned shopping, office or industrial complex with five (5) or more tenants, a building mounted freeway oriented sign may be allowed with a maximum area not to exceed one (1) square foot for each lineal foot of building frontage up to sixty (60) square feet per principal tenant, whichever is less. (iii.) Where the building area of a single tenant building exceeds ten thousand (10,000) square feet, a building mounted freeway oriented sign may be allowed with a maximum area not to exceed one (1) square foot for each lineal foot of building frontage up to sixty (60) square feet, whichever is less. Where the building area of a single tenant building is less than ten thousand (10,000) square feet, a building mounted freeway oriented sign may be allowed with a maximum area of forty (40) square feet with a maximum letter height of fourteen (14) inches. Freeway wall signs shall be constructed of individual three-dimensional letters or logos. Rectangular box or cabinet signs shall not be allowed along the US 101 frontage. Signs may be internally illuminated pan channel letters. (7) Gas Station Canopies. In addition to the signs allowed above, a maximum of twenty (20) square feet signs, logos and or color banding shall be permitted on no more than two (2) sides of a pump island canopy structure. The remainder of the pump canopy fascia shall be of an architectural treatment consistent with site architecture. (8) Off Site Subdivision Signs. Subdivision tracts of twenty (20) or more lots may be permitted to install off site directional advertising signage subject to the approval of an administrative use permit subject to the following conditions: ITEM NUMBER DATE: 7-18-06 (i) The subdivision tract shall be located within the City of Atascadero. (ii.) No more than three (3) signs shall be allowed with a maximum height of fifteen (15) feet and sixty (60) square feet of sign area. (iii.) No flags, banners or other decorations shall be affixed to the sign. (iv.) The signs shall not be illuminated. (v.) All signs shall be located on private property with written permission from the property owner provided to the City. (vii.) A building permit shall be obtained for the signs. (viii.) The signs shall be removed prior to final occupancy of the last unit in the tract or after a period of three (3) years whichever is less. The applicant may apply annually for a one-year time extension for active construction projects. (9) Portable Signs and A -frame Signs. One 1) Portable sign per street frontage. Maximum size of portable sign is not to exceed two (2) feet wide by four (4) feet tall. Minimum height is 3 feet tell. Portable and A -frame signs must be located on the business's property or within the boundaries of the shopping center or commercial complex, unless an encroachment permit is obtained for a portable sign located in the public right of way. (b) Downtown Districts. (1) Applicability. Signs within the downtown zoning districts are subject to all applicable requirements of the City's Sign Ordinance, except as provided by this Section. (2) Design Review. The design, materials, illumination and location of all signs shall be reviewed for consistency with the Downtown Design Guidelines. (3) Maximum allowed sign area. Each business shall be allowed a total of one (1) square foot of sign area per linear foot of the street frontage occupied by the business, with a minimum total of twenty (20) square feet allowed for each business, and a maximum total sign area of fifty (50) square feet. (4) Standards for specific types of signs. (i) Wall Signs. a. Maximum number. Each business may have one (1) wall sign, except corner buildings, which may have two (2). A single facade may have a wall sign or awning sign (Subsection D.2), but not both. b. Height. Wall signs shall be located below the top of the parapet or roofline on single story buildings and below the second floor sill on multi -story buildings. c. Placement and materials. The sign may be painted directly on a wall, formed of individual letters attached to a wall, or consist of a sign panel attached to the wall, provided that the design is consistent with the architectural style and features of the building fagade. Internally illuminated "can" signs are not allowed. (ii) Awning Signs. Awning signs may be used instead of allowable wall signs on the same building facade. A logo/insignia or name may be painted, silk-screened, or appliqued onto the awning. a. Sign area. The area of signage on an awning shall not exceed twenty-five percent (25%) of the area of the awning face. ITEM NUMBER DATE: 7-18-06 b. Projection and clearance. Awnings may project a maximum of five (5) feet into the public right-of-way and shall maintain a minimum vertical clearance from the ground of eight (8) feet. c. Design. Awnings shall be securely attached to the buildings and well maintained. No supports or poles may be located in the public right-of-way. Awnings shall complement the building they are attached to. (iii) Projecting Signs. Projecting signs maybe allowed as follows: a. Maximum number and area. Each business within the Downtown is allowed a projecting sign in addition to the wall signs allowed by this section. 1. If the projection is two (2) sided, each side of the sign shall be used in the total allowable area calculation (subsection (C)). 2. No projecting signs shall exceed nine (9) square feet in area per side. b. Projection and Clearance. Projecting signs may extend five (5) feet into the public right-of-way and must maintain a minimum vertical clearance of eight (8) feet. c. Alternative Use of Decorative Pennants. Decorative individual pennants (not strings of pennants) may be used as an alternative to an allowed projecting sign. Only fabric pennants may be used. The image may be painted, silk screened or appliqued on the fabric. Any business logo or insignia shall be included within the total allowable projecting sign area. All decorative pennants shall be well maintained and of professional quality. (iv) Monument Signs. Uses occupying over ten thousand (10,000) square feet may be allowed a monument sign in compliance with the Sign Ordinance, in addition to the sign area and types of signs allowed by this section. Maximum size of monument sign is not to exceed sixty (60) square feet, and a maximum height of ten (10) feet from the natural rg, ade• (v) Window Graphics. Window graphics shall not exceed twenty percent (20%) of the storefront window area, or twenty (20) square feet, whichever is less. Window graphics are not counted as part of the maximum sign area allowed a business. (vi) Multi -Tenant Directory Signs. Multi -tenant directory signs shall not exceed seventy- two (72) inches per tenant. The multi -tenant directory signs are allowed in addition to the sign area and types of signs allowed by this section, provided that the design is consistent with the architectural style and features of the building facade. (vii) Building Name Sign. A building name sign shall not exceed twenty (20) square feet. The building name sign shall be limited to buildings with at least three tenants and shall identify the building, not a business within the building. The building name sign is allowed in addition to the sign area and types of signs allowed by this section, provided that the design is consistent with the architectural style and features of the building fagade. (viii) Portable Signs and A -frame Signs. One (1) Portable sign per street frontage. Maximum size of portable sign is not to exceed two (2) feet wide by four (4) feet tall. Minimum height is 3 feet tell. Portable and A -frame signs must be located on the business's property or within the boundaries of the shopping center or commercial complex, unless an encroachment permit is obtained for a portable sign located in the public right of way. ITEM NUMBER DATE: 7-18-06 (c) Public and Recreation Zones. The following signs are allowed in the P, and L Zones, provided that the aggregate area of signs per site does not exceed one hundred (100) square feet. (1) Wall Sign. One (1) wall sign for each public street frontage for business or tenants with a sign area maximum of ten percent (10%) of the building face or up to a maximum of forty (40) square feet, whichever is less. (2) Suspended Sign. One (1) suspended sign for each public street frontage, with a maximum area of ten (10) square feet for each business or tenant. (3) Monument Sign. One (1) monument sign for each business per three hundred (300) lineal feet of public street frontage. Monument signs may have a maximum sign area of forty (40) square feet, and a maximum height of tenfiV-e-(10-5) feet from the natural grade. (d) All Zoning Districts. The following signs may be allowed, either by conditional use permit or administrative use permit, as specified, in all zoning districts. (1) Community Identification Sign. Community identification signs may be allowed, by conditional use permit, on arterial streets entering the City with a maximum area of eighty (80) square feet and a maximum height of twelve (12) feet. Such signs may include the name of the City, names of civic or religious organizations, and names and locations of City facilities. Such signs shall not contain the names of businesses of commercial products. (2) Information Kiosks. Kiosks for the permanent and/or temporary display of information including community and civic activities, and advertising for local commercial establishments may be allowed. Approval of the size, location, and maintenance requirements for such kiosks shall be established through administrative use permit. (3) Changeable Copy Sign. Approval of the size, location, purpose, design, and content of changeable copy signs shall be by conditional use permit or administrative use permit as provided in Section 9-15.003 (d)(7). (4) Public Transit Facilities. At the discretion of the Community Services Director, advertising signs may be placed on buses and designated bus stop benches used in connection with a public transit program provided by the City of Atascadero. Signs on buses shall be limited to one on each side, neither of which exceeds six (6) square feet. Signs on benches shall be limited to one (1) sign which shall be placed on the back of the bench and which shall not exceed ten (10) inches by thirty-six (3 6) inches. Additional signs and/or modification signs associated with public transit facilities may be approved through conditional use permit process. (Ord. 400 § 1 (part), 2002: Ord. 376 § 2 (Exh. A), 2000; Ord. 354 § 1, 1998; Ord. 255 § 2 (part), 1992) Chapter 4 GENERAL SITE DESIGN AND DEVELOPMENT STANDARDS 9-4.137 Exterior lighting. ITEM NUMBER: 2 DATE: 7-18-06 The standards of this section are applicable to all outdoor night -lighting sources installed after the effective date of this title, except for street lights located within public rights-of- way and all uses established in the Agriculture zone. An electrical permit may be required by Title 8. (a) Illumination Only. Outdoor lighting shall be used for the purpose of illumination only and shall not be designed for or used as an advertising display, except as provided by Sections 9-4.130 et seq. (b) Nondecorative Exterior Lighting Shielded. right Difeeted onto Lot-. All nondecorative exterior lighting shall be shielded to direct light toward buildin s or the ,ground. Light sources shall be designed and adjusted to direct light away from any road or street and away from any property or buildings loutside the ownership of the applicant. (c) Minimization of Light Intensity. No light or glare shall be transmitted or reflected in such concentration or intensity as to be detrimental or harmful to persons or to interfere with the use of surrounding properties or streets. WLight Sources to be Shielded. (d) Decorative Exterior Lighting Shielded. Where lights are used for the purpose of illuminating or accenting building walls, signs, flags, architectural features, or landscaping, the light source is to be shielded so as not to be directly visible from off-site. (e4-) Ground Illuminating Lights. Any light source used for ground area illumination except incandescent lamps of one hundred fifty (150) watts or less and light produced directly by the combustion of natural gas or other fuels, shall be shielded from above in such a manner that the edge of the shield is level with or below the lowest edge of the light source. Where any light source intended for ground illumination is located at a height greater than eight (8) feet, the required shielding is to extend below the lowest edge of the light source a distance sufficient to block the light source from the view of any residential use within one thousand (1000) feet of the light fixture. _(2) Elevated Feattife 111timination. Where lights are tised for- the pufpose of ilitiminati building wails, signs, flags, afehiteetufal featufes, ot! landseaping, the ligh setffee is to be shielded so as fiet to be dir-eedy visible ffem ag site. (fe) Height of Light Fixtures. Freestanding outdoor lighting fixtures shall not exceed the allowed height of the tallest building on the site, pursuant to Section 9-4.111. (Ord. 68 § 9-4.137, 1983) ITEM NUMBER: 2 DATE: 7-18-06 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 6 DATE: 7-18-06 Atascadero Planning Commission Staff Report - Community Development Department Annual Housing Report Calendar Year 2005 RECOMMENDATIONS: Staff Recommends: The Planning Commission receives and files the attached annual housing report. DISCUSSION: Background The State of California requires all cities to file an annual Housing Report to the Department of Housing and Community Development (HCD). The purpose of the housing report is to monitor the implementation of the City's General Plan Housing Element and progress toward meeting the City's Regional Housing Needs Allocation (RHNA). Summary The City of Atascadero has made tremendous progress in meeting the goal of providing a variety of housing opportunities for the public since the adoption of the General Plan in 2002. The Council has tasked staff with a number of priorities related to housing production and general plan implementation including: ■ Implement the General Plan's Smart Growth Principles ■ Increase the amount of affordable housing ■ Implement an inclusionary housing program ■ Allow mixed use development in commercial zones ■ Encourage infill and reinvestment of under-utiltized areas ■ Create a 2nd Unit housing program and amnesty program ■ Expand the use of the density bonus program for affordable housing ■ Cooperate with outside agencies on affordable housing projects ■ Improve the permitting process with the Permit Streamlining program The City has made significant progress on all of these priorities. Section 2 of the attached report provides a detailed description of the progress and accomplishments related to these tasks. One of the primary goals of the General Plan is to utilize Smart Growth principles to encourage infill development within the urban core rather than permit development at the periphery of town. The Urban Form diagram of the 2002 General Plan identified the urban core as the areas along EI Camino Real and Morro Road with Downtown as the central node for the community. General Plan Policy LOC 1.1.1 calls for the preservation of community "elbow room" and rural character by maintaining large lots at the perimeter of town and directing new development into the Urban Core. Goal LOC 1. Protect and preserve the rural atmosphere of the community by assuring "elbow room" for residents by means of maintenance of large lot sizes which increase in proportion to distance beyond the Urban Core. Policy 1.1. Preserve the rural atmosphere of the community and assure "elbow room" in areas designated for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside areas and existing neighborhoods. FIGURE 11-3: Urban form of Afascadero Mixed Use Rural / Suburban Residential (2.5 ac min lots) Family Neighborhoods Inc,.Sing Elbow Room Q i Greenbelt v W+L--- .�....wwr ununnultllllllllllluunnunnun� 71111 �.�vrair +sW#Ria * ITH o 'Nee""ww'+Mt Since the adoption of the General Plan in 2002 the City has approved land use entitlements for approximately 1,700 dwelling units. The following diagram indicates that the vast majority of these new units are located within the Urban Core, consistent with the General Plan's Smart Growth Principles. City of Mascadero ALJ approved Pesidenflal Projeris 5 City Ba.ndnta. iP Ow o..a•f.rvrtosW.N�wn ` LxW Iiw Onlyn.l{otn PR Rv�.gwae.nl 1 �r �ti � _ � �'� EpRa Qi .O iln ra iwnl S ., tlFRy �.r^.1Rry6n r!-ila.Ye rl ` E � SRi By.F.etf w.aei �- i � �.}M 4.swnD�YF R.oYFntl VrOOFYtp 4 -10F NRh...k R.stvq�rd WN+M 1� 3 l .. ^S �-•` ' � RE I�Nt RwrMn 36 -k MP— ll aD O zz-rg- m m 64R _— ew.Zm _— +Ali1RW4 Wa.. .. .. ... ..n aNYbxw- tii99Aw r nw s'.n 'lffir3Sd/F— W49 epylr k�✓twi6.5-- ae;sss,� r.a,.... � 8 5 ire i na.nlPWrrdW �'u�l.re I�.W� PwW W.wtr + 33` \�\[� 0 ', pVrM..YFr Y..tFnF tp.hrw.• ... or wn u. ry�r �.... vJR�asa iCrA I .14 .,.w Pan una u.. worm. t.S000 fcr amy.Ra.l M.ry W—E w.nh s.rw�.m.x�ae a...• !i Analysis The year 2004 was approximately half way through the RHNA time period. The RHNA allocates approximately 180 dwelling units per year to the City of Atascadero. As of December 31, 2004, Atascadero had met approximately 46% of its housing allocation, and has met or exceeded the requirement for above moderate or market rate housing. As of December 31, 2005, Atascadero saw an additional 121 residential units completed. Currently the City has met approximately 43% (up from 35%) of the requirement for moderate housing, and 16% for low housing (up from 6%). These percentages only reflect units that have been finaled and don't reflect future entitled units or the many units currently under construction. Most of these units were approved prior to the adoption of the inclusionary affordable housing policy. Staff expects additional very low, low, and moderate units will be completed in the coming year (2006) increasing the City's percentage of very low, low, and moderate income units as projects approved under the inclusionary policy complete construction. Several projects which received entitlement in 2004/2005 included provisions for approximately 58-86 very low units. These units have not been completed to date, although approximately 50% are in the building permit stage or under construction. TABLE 6 — City of Atascadero's Share of the RHNA* *All numbers are based on building permits completed in 2005 (finaled). ** The Low category includes all second residential units and guest houses. *** The moderate category includes all non -deed restricted multi -family units. SINGLE FAMILY UNITS BY INCOME CATEGORY YEAR VERY LOW LOW** MODERATE*** ABOVE MODERATE TOTALS Target Actual Target Actual Target Actual Target Actual Target Actual 2001 46 0 34 5 41 0 61 94 182 99 2002 45 0 34 4 41 91 61 177 181 272 2003 46 0 33 6 40 3 60 132 179 141 2004 45 0 33 1 40 2 60 131 178 134 2005 46 0 33 26 40 34 61 61 180 121 2006 46 0 34 0 40 0 60 0 180 0 2007 46 0 34 0 40 0 61 0 181 0 2008 (6 Mnths) 25 0 19 0 22 0 33 0 98 0 TOTAL 345 0 254 42 304 130 456 595 1,359 767 *All numbers are based on building permits completed in 2005 (finaled). ** The Low category includes all second residential units and guest houses. *** The moderate category includes all non -deed restricted multi -family units. Since the adoption of the General Plan in 2002, the City has approved entitlements for approximately 1,732 dwelling units. The following table includes the project approval dates, total number of units and a break down of affordable units (a full size copy is included in the Annual Report). In summary, 13% of the total approved units are required to be affordable which equates to 98 moderate income units, 39 low income units, and 87 very low income units. City of Atascadero - General Plan Housing Element Residential ..it. Approved $incu July 2002 Income Category Propel Name I Appliornon Monter gets Appraseo Tolel P"W& W unit, Abase Mod Montle Low very Low Senior Mind use Onits Downtown Mists 1 2 Apple Va Y PC+ 19 -Den Rb Road W00en1ege $= Plan SP -1 mi M-00� ZCH 20M MI n6.1"ss,�i: 10ri54o 70 units 279 units _ _ 56 wlsi 729 Leis 14_una o"S 34 ails Suras 0I1 tun 3 La Costa M20 ZCH 2=-=7 IVILQ7 40 Units 32urns 3 ems Ours O Wr --- 4 Montectio P618 GPA 2033-0OX =&Ml 40 units 35 Vas 2 Wits O WKS 0 5 The CdonyP617 _ Ziii 26L+2-007@ 10"x102 39 units 36 Lens. IWAS Dugs 0 - - 6 Dove Creek PD 12 ZCN 200}0049 031001 2791iM$ 259tna, 0sras 9urvts 20_. 7 The Colony PD. 17 ZN 20a14033 0511101 32 units 25 ants burrs Owns 9 Cordnar P617 (Pine Mountain TDR) CPA2WCW 0.92301 16 anis II snot 6 Vas 0 WIs O 9 7755 Navapoa PD -7 zCH=-0(M 0411304 6 units 6 unes 0 Sets 0WAS 0 Wit 10 7506 Navajos M7 ZCH 20060017 091404 4 units 4 Leas aunts Duras 0 11 Marquda PD -7 ICH 2003-0010 MUM 4wits 4Was 0"ll Duras 0uM 12 DeArsza Estates P69 ICH X 3,M 102143 26 units 21 vis 5 un" o t4rs.. 0 0 we 13 Rochate Condo Map TTM 200/0060 1 WWI W units 49 ungs 6 WAS 5 Wrs 2 60 unt 14 Oak CMwe PDA7 ZCH 2004-0002 10"!$84 24 units 20 urs omits i2 Leas or) (4 Leets, 15 Moro Rd Muea-Use P622 GIRAM-M13 07M44 - _ _ 4 units 4 Lees Du'W 0 ads 0 _4WAS 16 TUnilas PD.] ZCH 2YXi-0015 112583 4 ungs 4 wits Duras D ads 0 17 Soulhsid® Was Aparknents CUP CUP 2000,6095 10114X1 84 surds 64 until 119 uraa eq 7 Vit _ 18 GOispO Rtl P617 ZCH2O360016 012764 8 units 6 arts 2urE O Vis 0 un is San imrdo P4 PD -7 ZCH 2O00.pO'.3 1711oosl 6units Saar Ousts otun8 oua 20'Tuttilasmosano PD -7 ICH 2003-007) OY27101 4 units 4 VS Own oWAS oLee 21 North FenOoarre _ GPA 2033400 1NNsw 44 units Dunes Ou 3 Duras 0 22 3P Meadow* LLA 20100006 Maw 111 units 111 Wad. 0Was ouis o _23 E-waks Ridge Homes P20030116 G1 MOWN 42 units 43030, Dugs 0uits 0 24 5310 Carnino Road P617 IC112ppe{1079 0125005 12 IouraB 2uis o aura 0 25 W-tpac Mixed Use WA 206400011 1020 45 Via Wwen 4unts 3wrs 2 46 w. 26 HdsstnO AulhOlity SM -W Hotel CUP2MMll9 124X1, -- 19 un4s Duras 0uras OWS 19 u11i1 19 W,t5 27 Atascadero Ave•Virnage Horned ZC2031-M 11ti2M 12 was 10 Wits tuts ounce OVii, -- 28 9105 San Diego Pfd 16 - ZCM'2002.OMI aim 5 wits 5105 0 ids O Vas Omni! 29 5690 RCRarip Ave ZCH 2D)3affi 0913% $unns Sups OVns 0Lnu 0 - 30 72W soma YSalie1 P67 ZCH 2001-0017 0449[3 towns Sur" 1WIy Duras 0 31 5245 EI Canino Rear 9PA2D3$Wl1 0403Ci 2units D urds NOS am" 0 turas 32 Ala=olvo ChdsL4m Hortps -. CUP 6LM 071641 20 units O units 0 Vets Mullets, 0 M uras 33 5002 Traffic Way CWM"122 04001 Sums Sunda ours 0Ora Dun Sun 34 6205 Tecodda Ave C290W14i Ia07A)1. $ snits 6 units 0 Wits Owns 0 35 7392 Santa Ysahel Mi 2031-009] Oise! Waits Muss ours Ouas 0 36 §t 965 EI Canting Real (ECIC) 2090 Ferrocartil CiP 20010106 Rai 2002.0 0P9 O6fWp1 0&i 7102 32 units 16 Units Olxns 16 Lens 01x4u O urs Ours O Was 92 0 - 37 Chm Rd "K% ArrtenOneril) ZCH 2X&CM1 094209 2units 2teas Owns 0Me!; 0 -- - 41 cohme (Pie MM) GPA 20=009 030901 5 units Suds bums 0 Wits 0 39 Pie""CI;Amendrnem) Ifil 203.0075 030095 2 units 2Met 0 Vis _ 0 units 4 39 1505 EI Carnw R eat PD -17 ZCH 2O04 QM WSW 6 units 6ur5 O Vi9 0 ams 0 _ 42V RidgeI CUP2gM-0146 062005. 99 units. 89 units ours.. Danita D --44 Pn05010 CUP 2(1046155 0170 4un4S 41a1115 (Wills 0UNS oWa 43 Navaiea Condos CUP20O5A151 OV21146 4 units 3Lea5 I ungs 0MISS 0 40 1156 EI Camilo Real (Oak Haven) ICH 27069089 066941 62 units 53 Lens 5 Wets 2MM 2 4e MatthantrTemida Condos GPA2003-0014 OVZ745 12 units to WNs s urns 1 WAS 0 47 West Fronl GPA 20030005 10"1145 32 uritis 26 3WAS 21Ars _ 1 46 Unda Mata PD0.28 _ _ ZCH 2005-0103 01CM 5 units 5 Wq o Vis 9 ute5 O _ 50 8350 SantaYnez Avenue CUP 3006-6191 05006 4 unitS 4011115 0 0 Vas _ 0 un 45 Cdenysguare CUP 21411-0127 63ISM 67 units 67 Vas 6to*$ Duras 0L" 67 49 San Andres. Atascadero, Navapa Avi ICH 20040115 _ _ n pOcaM 11 Wni15 13 ums o WBCs 0 WAS 0 W04 &570 EI Corte ZCH200,0112 n purees 10 units 10 Was 0 Vis 0unils 01Sania"Voet L52 {';'al ZCH 200101i6 npmcees i2anis 12 Leas OLens 003MM 45. 0 tntq Ferrocarril(Beck) 1 San Andres ,acre ICHZ050107 ZCH_ opWeS1 inpoSissl bunts 5 units 6ures 5 units oVas 0 units OWNW D wns I o o Wits - Total 1732 units 1496 units I es units 3E units 117 Mnfta D9 units 51 units �__' 86% 6°% 2% 5% !e'/i066] ('nnr,h isinn In a region with declining housing production and decreasing affordability, the City of Atascadero has made significant progress toward providing its share of housing. The projects that have been approved to date appear to be adequate to meet the City's RHNA from 2001 — 2008. Housing construction in the Dove Creek, Apple Valley, and Woodridge projects is expected to continue into 2006-07. FISCAL IMPACT: None. ATTACHMENTS: Attachment 1: Annual Housing Report Attachment 1: Annual Housing Report 2005 City of Atascadero Annual Housing Report Calendar Year 2005 June 2006 CITY OF ATASCADERO CITY COUNCIL Tom O'Malley, Mayor Becky Pacas, Mayor Pro Tem George Luna, Councilmember Jerry Clay, Councilmember PLANNING COMMISSION Ellen Beraud, Chairperson Joan O'Keefe, Vice Chairperson Greg Porter, Commissioner Roberta Fonzi, Commissioner Bob Kelley, Commissioner Gregory Slane, Commissioner Tom Jones, Commissioner COMMUNITY DEVELOPMENT DEPARTMENT Warren Frace, Director Steve McHarris, Deputy Director Kerry Margason, Contract Planner TABLE OF CONTENTS INTRODUCTION................................................................................................ 1 SECTION 1 - GOALS AND POLICIES Housing Element Goals and Policies....................................................... 3 SECTION 2 — DESCRIPTION OF HOUSING PROGRAMS AND PROGRAM ACCOMPLISHMENTS Redevelopment Set Aside Housing Fund Program ................................. 8 Inclusionary Housing Policy..................................................................... 8 MixedUse Policy..................................................................................... 12 Second Residential Unit Ordinance......................................................... 12 Second Unit Amnesty Policy.................................................................... 12 Section 8 Housing Voucher Program ...................................................... 13 Cooperation with Other Agencies............................................................ 13 CDBGFunding........................................................................................ 13 DensityBonus......................................................................................... 14 HistoricalPreservation............................................................................. 15 Energy Conservation............................................................................... 16 SECTION 3 — PROGRESS TOWARDS REGIONAL HOUSING NEEDS ALLOCATION, REDUCTION OF GOVERNMENTAL CONSTRAINTS AND OTHER ACCOMPLISHMENTS Progress Towards the Regional Housing Needs Plan Allocation ............ 18 Reduction of Governmental Constraints .................................................. 19 Additional Accomplishments.................................................................... 19 SECTION 4 — SUMMARY AND RECOMMENDED HOUSING PRIORITIES FOR 2005 Summary................................................................................................. 21 Recommended Housing Priorities for 2005 ............................................. 22 TABLES Table 1 — Quantified Objectives of the Housing Element ................................... 6 Table 1A — Quantified Objectives Accomplished ................................................ 23 Table 2 — Redevelopment Housing Funds Received ......................................... 8 Table 3 — Inventory of Affordable Housing Deed Restrictions ............................ 10-11 Table 4 — CDBG Funds Disbursement............................................................... 14 Table 5 — Density Bonus Projects...................................................................... 15 Table 6 — City of Atascadero's Share of the Regional Housing Needs Allocation18 Table 7 — Condominium Projects....................................................................... 19 FIGURES Figure 1 — Issued Building Permits 2005............................................................ 21 EXHIBITS Exhibit A — City Map with Key Points Located ii INTRODUCTION The past few years have been an exciting time for the City of Atascadero's housing programs. The City Council has taken several actions to promote a variety of housing products and provide affordable housing for our workforce. These actions include: ■ Updating the General Plan and Housing Element in 2002 ■ Adoption of an "Inclusionary Housing" Program in 2003 ■ Adoption of a "Mixed Use" Program in 2004 ■ Adoption of a Second Residential Unit ordinance in 2004 ■ Adoption of a Second Unit Amnesty policy in 2004 ■ Adoption of Equity Sharing Program for moderate income units 2005 ■ Authorization to Begin Process for Inclusionary Housing Ordinance 2005 ■ Authorization to Begin Process for Condominium Conversion Ord. 2005 All of these actions contribute to Atascadero's housing programs and enable the City to move forward in implementation of the City Council adopted Housing Element. The purpose of this report is to: ■ Comply with Section 65400 of the Government Code; and, ■ Provide the City Council with a summary of the progress made towards reaching the goals of the Housing Element for the year 2005; and, ■ Acknowledge the goals which continue to need the attention of the City Council in order to fully implement the Housing Element. The City has continued to coordinate a high volume of entitlement and building permit requests through 2005. Staff moved into permanent offices in early December 2005, after two years in emergency "makeshift" facilities following the San Simeon Earthquake. In December of 2003, the City of Atascadero was hit with a 6.5 magnitude earthquake. The existing City Hall was severely damaged and rendered unsafe for occupation. It was necessary for City staff to relocate and become functional again, in a very short amount of time, in order to address the immediate health and safety issues of the community. During the first six to eight months following the earthquake, City staff was focused on the recovery effort. The following six to eight months were spent making the interim City Hall facilities functional, while continuing to process a high volume of permit requests. Now, in the new City Hall, staff continues to see a high level of permit activity. This report is formatted to meet the recommendations of the State Department of Housing and Community Development. The Housing Element goals and policies are listed in Section 1, followed by a brief description of the City's current housing programs and accomplishments in Section 2. Section 3 describes the progress achieved in meeting the Regional Housing Needs Allocation, reducing Governmental Constraints on development and a brief discussion of other housing accomplishments. Section 4 is a summary of the City's achievements and Staff recommended housing program priorities for 2006. SECTION 1 GOALS AND POLICIES HOUSING ELEMENT GOALS AND POLICIES GOAL HOS 1: PROMOTE DIVERSE AND HIGH QUALITY HOUSING OPPORTUNITIES TO MEET THE NEEDS OF ALL SEGMENTS OF THE COMMUNITY Policy 1.1: Encourage steady production of new housing, including mixed-use projects in commercial land use areas, to meet the needs of all household types in the City. Policy 1.2: Encourage a variety of high quality housing types in multi -family areas. GOAL HOS 2: INCREASE HOME OWNERSHIP OPPORTUNITIES Policy 2.1: Promote development and construction of new housing units for ownership, especially by low and moderate income families. Policy 2.2: Promote and encourage availability of new housing units to first time homebuyers. GOAL HOS 3: ENSURE THAT AN ADEQUATE AMOUNT OF RENTAL HOUSING EXISTS Policy 3.1: Ensure that the proportion of low and moderate rental housing is not significantly reduced. Policy 3.2: Prioritize construction of additional assisted housing units. GOAL HOS 4: PROTECT AND CONSERVE THE EXISTING HOUSING STOCK AND NEIGHBORHOODS Policy 4.1: Encourage conservation and preservation of neighborhoods and sound housing, including places and buildings of historical and architectural significance. Policy 4.2 Encourage conservation and preservation of houses that have historical and architectural significance. Policy 4.3: Encourage attractive architecture and site landscaping that respect terrain and native trees. Policy 4.4: Protect housing affordability where it currently exists. GOAL HOS 5: ENCOURAGE ENERGY CONSERVATION MEASURES IN NEW AND EXISTING HOMES Policy 5.1: Continue to make residents aware of available energy saving techniques and public utility rebates. Policy 5.2: Encourage solar and other innovative energy designs when consistent with State and local ordinances. GOAL HOS 6: IMPROVE HOUSING OPPORTUNITIES AND LIVING CONDITIONS FOR PEOPLE WITH LOW AND MODERATE INCOMES AND THOSE WITH SPECIAL NEEDS Policy 6.1: Ensure that all persons regardless of race, religion, age, sex, marital status, ancestry, national origin, or color have equal access to sound and affordable housing. Policy 6.2: Encourage lending institutions to provide loans for projects for special needs groups, including one -parent households. Policy 6.3: Encourage multi -family projects that provide affordable housing. Policy 6.4: Encourage the development of multi -bedroom units for families. Policy 6.5: Ensure that persons with disabilities have adequate access to housing. GOAL HOS 7: EXPAND HOUSING ASSISTANCE EFFORTS Policy 7.1: Support rental assistance programs. GOAL HOS 8: DECREASE NON-GOVERNMENTAL CONSTRAINTS ON HOUSING PRODUCTION Policy 8.1: Encourage interplay between lending institutions, the real estate and development community and the City to better understand and address non-governmental constraints and facilitate production of affordable housing. Policy 8.2: Help lower development costs where feasible, especially for low and moderate income housing units. GOAL HOS 9: DECREASE GOVERNMENTAL CONSTRAINTS ON HOUSING PRODUCTION Policy 9.1: Review projects in as timely a manner as possible, while maintaining adequate public involvement and fulfilling the appropriate requirements of State and local laws. GOAL HOS 10: ENSURE AN ADEQUATE SUPPLY OF LAND FOR NEW HOUSING PRODUCTION Policy 10.1: Encourage infill and intensification in areas suitable for housing within the USL. Policy 10.2: Consider revising the Zoning Ordinance to allow mixed use projects outside the downtown area. The Housing Element includes Quantified Objectives, as shown in Table 1 below, and as defined by the City Council, to aid in tracking the progress of meeting the stated goals and objectives. Table 1: Annual Quantified Objectives, 2001-2008 Program Objective Income Level Very Low Low Moderate Total New Construction 1.1 (2) Downtown mixed use 1 8 9 1.1 (3) Small lot single-family 10 10 1.1 (4) PD in SFR -X Zone 12 12 1.1 (5) Specific Plans for large projects 5 5 1.1 (7) Mobile and group homes 3 3 1.1 (8) Support Apartment Construction 2 6 16 24 2.1 (1) Density bonus 1 4 5 2.1 (2) PD -7 for small lot sub'ds. 5 12 17 2.2(l) Mort. Credit Cert. pgm. 2 2 2.2(2) Inclusionary ordinance 3 3 3.1 (3) Second units in SFR -Y 3 3 3.1 (4) Mixed-use projects 3 4 7 3.2 (1) Pub./private partnerships 3 3 6.4(2) Large family units 3 3 Conservation 3.1 (2) Non-profit involvement 2 2 Rehabilitation 4.1 (3) Federal grant programs 14 14 4.2(3) RDA funds 6 6 4.4(l) No net loss of aff. units 0 Total Planned I Year 46 32 50 128 Total Required / Year 1 461 32 46 124 SECTION 2 DESCRIPTION OF HOUSING PROGRAMS AND PROGRAM ACCOMPLISHMENTS Redevelopment Set Aside Housing Fund Program: The City Council established a Community Redevelopment Agency and adopted a Redevelopment Plan (Plan) in July 1999. A revision to the Redevelopment Plan in May 2003 clarified and refined the Agency's voting requirements. Some of the objectives of the Plan are to revitalize the downtown area, improve/correct existing infrastructure deficiencies, and expand and/or improve the community's housing stock in the redevelopment area. Program Accomplishments (Ongoing Program): As this is a relatively new program, redevelopment funds are still limited. As shown in Table 2 — Redevelopment Housing Funds Received below, the City has received approximately $1,096,005 in funds for the Low/Moderate Housing Set Asides. To date approximately $1,098,029 has been received with approximately $2,000 spent in administrative costs. Given the high cost of property in Atascadero and the high construction costs, these monies would not be sufficient to fund an actual residential project of any size. To date, the funds are accruing and, over the next year or two, Staff, in conjunction with the Housing Committee, will be outlining programs for the Redevelopment Board of Directors' review to best determine how to use the funds to implement the Redevelopment Plan. Table 2 - Redevelopment Housing Funds Received YEAR 1999 Funds In Housing Set Aside Program First Year of Plan, No funds received 2000-2001 $70,367 2001-2002 $153,109 2002-2003 $190,576 2003-2004 $265,446 2004-2005 $418,531 TOTAL TO DATE 1 $1,098,029 Inclusionary Housing Program: In June of 2003, the City Council adopted an "Inclusionary Housing" Program that required all development projects needing a "legislative" approval to deed restrict 20% of the proposed residential units for affordable housing. The required 20% is to be distributed as 20% Very Low, 37% Low and 43% Moderate in multi -family and commercial mixed use zoning districts and 100% Moderate in single family residential zoning districts. Projects proposing ten (10) units or less may, at the developer's option, pay in -lieu fees at 5.0% of the construction valuation for each residential unit or fractional unit in the project. Projects proposing eleven (11) or more residential units must have City Council approval to use the in -lieu fee option. Deed restrictions are for a period of 30 years. The program also requires that the affordable units be of comparable quality and dispersed throughout the project. Program Accomplishments (Ongoing Program): In 2003 and 2004, the City processed several entitlement permits that required inclusionary housing or in -lieu fees. Many of these projects are still in the process of recording final maps and applying for building permits. In 2003, deed restrictions were obtained for three (3) units, all at the moderate level. Building permits were completed for three moderate deed restricted units in 2003 (two of the moderate units from 2003 and one moderate unit that began construction in 2002). In 2005, there were 27 moderate level deed restricted units. Approximately 20 of these units were completed and sold in early 2006. Exhibit A, attached to this report, shows the location of the units and provides a tabulation of the type of deed restriction obtained. Exhibit A locates both projects which have been approved, but are still in the final map and/or building permit stages and projects which have completed the construction process. Many of the units listed in Exhibit A will not come on line until 2005/2006. As of June 30, 2005, the City had collected in -lieu fees in the amount of $83,649. The first in -lieu payment was received August 16, 2004. Table 3 — In -lieu Housing Funds YEAR 2004 In -lieu Housing Funds First Year of Program, No funds received 06/30/2005 $83,649 06/30/2006 $0 06/30/2007 $0 TOTAL TO DATE $0 This housing program contributes to the implementation of Housing Element Goals 2, 6 and 8. Mixed Use Policy: Provisions for mixed use residential/commercial development were added to the General Plan during the update process in 2002. In April 2004, the City Council adopted a mixed use application processing policy. This policy allows for Vertical Mixed Use through a Zone Change/Planned Development application and Horizontal Mixed Use through a General Plan Amendment. Program Accomplishments (Ongoing Program): The City processed its first mixed use entitlement in 2004 as a General Plan Amendment for a horizontal mixed use project. The project allowed for a commercial use on a main thoroughfare, with a duplex unit behind the store. Since that time, the City has processed approximately 3 additional mixed use projects, resulting in 318 units. Exhibit A, attached, shows the location of the mixed use projects and provides a tabulation of the residential units for each project. This housing program contributes to the implementation of Housing Element Goals 1, 2, and 10. Second Residential Unit Ordinance: On July 27, 2004, the City Council adopted a "Secondary Residential Units and Accessory Structures" Ordinance, that became effective August 27, 2004. Previous to this ordinance, second units were only allowed in the Single Family, One Acre Minimum Zoning District, when the property was verified to be one acre net. The new ordinance allows for second units in all residential zoning districts, subject to development standards regulating square footage, parking and wastewater requirements. Program Accomplishments (Ongoing Program): The City's updated Second Residential Unit Ordinance became effective on August 27, 2004. Under the new ordinance, approximately 4 permits were submitted for processing in 2004 and 3 have been completed in 2005. These second units are incorporated into Table 6, as "Low" income units. This housing program contributes to the implementation of Housing Element Goals 3, 4, 6, 9 and 10. Second Unit Amnesty Program: In addition to the Second Unit Ordinance, the City Council adopted a Second Unit Amnesty Policy that provides for registration of second units and guesthouses that were constructed or converted without entitlement or construction permits. The Amnesty Program runs from September 1, 2004 until September 1, 2008. Program Accomplishments (Ends September 1, 2006): Since the implementation of the Second Unit Amnesty Program on September 1, 2004, the City has completed one (1) permit for non -permitted conversions of second units. It is anticipated that several permits will be processed in 2005 and completed in 2006. This housing program contributes to the implementation of Housing Element Goal 4. Section 8 Housing Voucher Program: This is a state funded program, administrated by the Housing Authority of San Luis Obispo (HASLO). Income qualified households may have a portion of their residential rental costs subsidized by the program. Program Accomplishments (Ongoing Program): This program is administered by the Housing Authority of San Luis Obispo (HASLO). HASLO has administered the program since the mid-1970s. As of June 1, 2006, HASLO has 263 units (14%) within the City of Atascadero under Voucher contract out of a total of 1,808 units County -wide. This is 3 units less in Atascadero than what was available in 2004 (266 units for 15% of the total), with an increase of 33 units County -wide. This housing program contributes to the implementation of Housing Element Goal 3. Cooperation with Other Agencies: This is a flexible, informal policy that allows the City to work with public and/or non-profit agencies in the procurement and/or construction of various affordable housing products to meet the needs of multi -family, single-family and senior households. Program Accomplishments (Ongoing Program): In 2004, the City worked with the Economic Opportunity Commission (EOC) processing an entitlement permit that allows for a 32 -bed overnight shelter in its Residential Suburban zoning district. To date, the project has not been built, however, EOC has indicated that they are working on grant funding, and construction plans may be submitted in Summer 2006. Housing Authority of the City of San Luis Obispo HASLO processed entitlement permits for a 19 -unit senior housing project. The conditional use permit was approved in December 2003. Building permits have been submitted for this project and Staff is currently working with HASLO to find ways to reduce construction costs. The entire project will be deed restricted to require that the units be rented for no more than 60% of the median County income level, qualifying the units as "lower" income. The City works closely with HASLO in the administration of the Section 8 program, certification of eligible households for deed restricted units, and exploring ways and means to promote and provide affordable housing within the City. The City also holds a commissioner's seat on San Luis Obispo Housing Trust Fund's Commission. This housing program contributes to the implementation of Housing Element Goals 1, 3, 6 and 7. CDBG Funding: Community Development Block Grant (CDBG) funding is provided by the Federal Government to communities. These grants are intended to benefit low and moderate income groups, address slums or blight and/or meet a particularly urgent community development need. Program Accomplishments (Ongoing Program): In keeping with the goals (and requirements) of the CBDG program, the City uses these funds to support and assist youth, housing, health, and code enforcement programs, in addition to urban renewal projects. As shown in Table 4 — CDBG Funds Disbursement, approximately 20% of the CBDG funds for 2003 and 2004 were awarded to various housing programs, including the EI Camino Homeless Organization (ECHO). This organization provides overnight shelter to homeless individuals and works with the Economic Opportunity Commission (EOC) of San Luis Obispo County to provide ongoing services designed to help individuals into permanent housing situations. CBDG grants were also awarded to the North County Women's Resource Center (NCWRC) for renovation of their emergency shelter. Table 4 - CDBG Funds Disbursement Program Category 2003 Award Percent 2004 Award Percent 2005 Award Percent 2006 Award Percent Americans with Disabilities Act $22,000 9% $67,679 30% $228,492 40% $84,525 32% Youth Services $49,100 22% $7,000 3% $14,000 2% $8,235 3% Health Services $6,000 3% $2,000 1% $8,000 1% $2,500 1% Housing Services $17,900 8% $27,345 12% $29,240 5% $43,000 16% Redevelopment/Economic Development $5,500 o 2 /o $26,500 0 12 /o $198,965 0 35 /o $50,000 0 19/o Code Enforcement $85,000 37% $50,000 22% $50,000 9% $50,000 19% Administration $42,174 19% $45,131 20% $45,138 8% $27,209 10% **TOTALS $227,674 100% $225,655 100% $573,833 100% $265,469 100% *Literacy Council grants are included in the economic development funds **Code Enforcement grants include substandard housing enforcement funds This housing program contributes to the implementation of Housing Element Goal 6. Density Bonus: The City provides a density bonus program that allows for a 35% increase over the base density when deed restricted affordable housing is provided in a project. In addition to the 35% increase, an additional 15% increase may be awarded for a project that provides exceptional architectural design. Program Accomplishments (Ongoing Program): Over the course of the last few years, several projects have been through the entitlement process which included density bonuses. The City allows for an additional 10% density increase over the State requirement of 25% when inclusionary housing is included in a project. Multi -family projects with exceptional architectural design may receive an additional 15% density increase, for a potential total of a 50% increase over base density. Table 5 - Density Bonus Projects shows the projects which have received bonus densities in the last few years. Table 5 — Density Bonus Projects * Zoning Designations RS = Residential Suburban; RSF-X = Residential Single Family, .5 acre minimum; Mixed = Residential and Commercial Use; RMF -16 = Residential Multi -family, 16 units per acre; CR = Commercial Retail This housing program contributes to the implementation of Housing Element Goals 1, 2, 6 and 8. Historical Preservation: Historical preservation was a noted concern of the Atascadero community during the general plan update process. To address this concern, the City Council adopted a historical preservation goal in the housing element. In conjunction with infill development in some of Atascadero's older neighbors, the City Council has applied an historical overlay district on five (5) of the remaining Colony houses. Base 25% 35% Bonus/ 15% Bonus Total Date Zoning* Density State Inclusionary for Excp. Units Approved Project Bonus Housing Arch Quality North Ferrocarril RS 12 4 16 10/08/02 (ZCH 2002-0029) Apple Colony RSF-X 56 14 70 08/12/03 (ZCH 2002-0035) Woodridge (ZCH 2003-0041) RSF-X 247 22 9 278 09/23/03 Southside Villas Apts RMF -16 64 22 86 10/07/03 (CUP 2003-0095) EI Camino Senior Hotel CR 14 5 19 12/02/03 (CUP 2003-0119) The Colony 2 PD 17 RSF-X 28 3 31 05/11/04 ZCH 2003-0063 Dove Creek PD -12 Mixed 200 70 9 279 08/17/04 ZCH 2003-0049 Oak Grove PD 17 (ZCH 2004-0082) RSF-X 21 3 24 09/28/04 7685 Navajoa (CUP 2005-0151) RMF -10 3 1 4 06/21/05 4705 EI Camino Real (GPA 2005-0016) RMF -16 27 9 4 40 01/17/06 TOTALS 672 21 129 25 847 * Zoning Designations RS = Residential Suburban; RSF-X = Residential Single Family, .5 acre minimum; Mixed = Residential and Commercial Use; RMF -16 = Residential Multi -family, 16 units per acre; CR = Commercial Retail This housing program contributes to the implementation of Housing Element Goals 1, 2, 6 and 8. Historical Preservation: Historical preservation was a noted concern of the Atascadero community during the general plan update process. To address this concern, the City Council adopted a historical preservation goal in the housing element. In conjunction with infill development in some of Atascadero's older neighbors, the City Council has applied an historical overlay district on five (5) of the remaining Colony houses. Program Accomplishments (Ongoing Program): The recently updated General Plan Housing Element includes a goal to protect and conserve the existing housing stock and neighborhoods. Conservation and preservation of neighborhoods and sound housing, including places and buildings of historical and architectural significance is a major policy of this goal. The City of Atascadero was subdivided by E.G. Lewis in the early 1900's and marketed as a "utopian farming community." Several of the original lots were sold and developed with "colony" homes which still exist today. Preservation of these homes, where feasible, is important for maintaining a connection to the original principles upon which Atascadero was built. This housing program contributes to the implementation of Housing Element Goal 4. Energy Conservation: This program strives to inform residents of available energy saving techniques and alternative and/or innovative energy designs. Program Accomplishments (Ongoing Program): The City uses public information brochures and other materials to inform residents of energy saving techniques and allows for the construction of solar and wind generated facilities. In 2005, the Building Department completed six (3) permits for construction of solar - powered energy systems for homes and businesses and four (4) solar permits for swimming pools. A system for recycling of construction "waste" is being considered by the Building Department and is expected to come online in 2006. This program will consist of public education and reference materials in support of a "construction waste handler." SECTION 3 PROGRESS TOWARDS REGIONAL HOUSING NEEDS ALLOCATION, REDUCTION OF GOVERNMENTAL CONSTRAINTS AND OTHER ACCOMPLISHMENTS Progress Towards the Regional Housing Needs Plan Allocation: The City of Atascadero recently adopted an updated housing element in June 2002. The updated element was completed prior to the final calculations on the Regional Housing Needs Plans (RHNP) by the San Luis Obispo Council of Governments (SLOCOG). The final RHNP (adopted in January 2003) is shown in Table 2, below, as the "Target" for the various income levels. The "Actual" column shows the number of residential building permits completed for the various income groups. The table includes the timeframe for meeting the RHNP, in order to show the City's overall progress. The "Actual" column is based on completed building permits. TABLE 6 — City of Atascadero's Share of the RHNP (Based on "finaled" Building Permits for 1/1/05-12/31/05) * The Low category includes all second residential units and guest houses. ** The moderate category includes all non -deed restricted multi -family units. The year 2004 was approximately half way through the RHNP time period. As of December 31, 2004, Atascadero has met approximately 46% of its housing allocation, and has met or exceeded the requirement for above moderate or market rate housing. Currently the City has met approximately 42% of the requirement for moderate housing, and 17% for low housing. Several projects which received entitlement in 2004 include provisions for approximately 58 very low units. These units will not come on line until 2006/2007, depending on the individual developer's timeframes. Overall, the City has met approximately 56% of the total RHNP as of December 31, 2005. In addition, 329 residential building permits were issued in 2005 and have not been completed to date. If all units are completed in 2006, the City's housing total will be 1,096 or 81% of the RHNP. SINGLE FAMILY UNITS BY INCOME CATEGORY YEAR VERY LOW LOW** MODERATE*** ABOVE MODERATE TOTALS Target Actual Target Actual Target Actual Target Actual Target Actual 2001 46 0 34 5 41 0 61 94 182 99 2002 45 0 34 4 41 91 61 177 181 272 2003 46 0 33 6 40 3 60 132 179 141 2004 45 0 33 1 40 2 60 131 178 134 2005 46 0 33 26 40 34 61 61 180 121 2006 46 0 34 0 40 0 60 0 180 0 2007 46 0 34 0 40 0 61 0 181 0 2008 6 Mnths) 25 0 19 0 22 0 33 0 98 0 TOTAL 345 0 254 42 304 130 456 595 1,359 767 * The Low category includes all second residential units and guest houses. ** The moderate category includes all non -deed restricted multi -family units. The year 2004 was approximately half way through the RHNP time period. As of December 31, 2004, Atascadero has met approximately 46% of its housing allocation, and has met or exceeded the requirement for above moderate or market rate housing. Currently the City has met approximately 42% of the requirement for moderate housing, and 17% for low housing. Several projects which received entitlement in 2004 include provisions for approximately 58 very low units. These units will not come on line until 2006/2007, depending on the individual developer's timeframes. Overall, the City has met approximately 56% of the total RHNP as of December 31, 2005. In addition, 329 residential building permits were issued in 2005 and have not been completed to date. If all units are completed in 2006, the City's housing total will be 1,096 or 81% of the RHNP. Reduction of Governmental Constraints: Over the past few years, the City of Atascadero has implemented several new programs and policies to reduce governmental constraints on housing production. While these programs and policies are difficult to quantify, the feedback from developers and others in the housing production community is generally favorable. The new programs and policies include: ■ Improved tracking process for permits under review with public access over the internet ■ Weekly inter -departmental plan check review meeting ■ Completion of a four (4) prong permit streamlining program ■ One stop permit center ■ On line permit center with public information ■ Target dates for plan check reviews ■ Intake meetings to insure that complete applications are submitted ■ Housing Committee to research and make recommendations to the City Council on potential housing programs ■ Second Unit Ordinance ■ Second Unit Amnesty program These programs contribute specifically to the implementation of Housing Element Goal 9 and generally to Goals 3, 4, 6, and 10. Additional Accomplishments: The City has seen an increased interest in condominium subdivisions. Many of these subdivisions have taken place on under- utilized multi -family zoned parcels. Table 7 — Condominium Projects below, shows the number and type of condominium projects processed in the last few years. Table 7 — Condominium Projects Street/Project Base Converted New Total Date Number Year Zoning Units Units Units Approved 5750 Olmeda 2003 RMF -16 2 2 02/18/04 TPM 2003-0054 7287 Santa Ysabel 2004 RMF -16 1 2 3 05/21/04 TPM 2004-0056 7930 Santa Ysabel 2004 RMF -16 1 2 3 09/23/04 TPM 2004-0062 7685 Sinaloa 2004 RMF16 1 (Colony) 2 3 01/05/05 TPM 2004-0064 5740 Rosario 2004 RMF -16 3 0 3 11/05/04 TPM 2004-0063 ------------------------------------------------------ 6655 Tecorida 2004 RMF -10 4 4 06/20/04 TTM 2004-0049 6205 Tecorida 2004 8 8 12/07/04 Previous TTM 2004-0057 Woodridge Multi - Family 2004 35 35 05/18/04 TTM 2004-0047 N. Ferrocaril 2004 LS/PD 60 60 11/03/04 TTM 2004-0056 8320 Santa Ynez 2004 RMF -10 4 4 03/01/04 TTM 2004-0063 5750 Rosario 2005 3 3 10/18/06 TPM 2005-0070 8290 Santa Ynez 2005 RMF -10 3 3 04/21/06 TPM 2005-0076 7925 Santa Ynez 2005 RMF -16 4 4 09/20/05 TTM 2005-0070 6901, 6905 ECR 2005 67 67 10/04/05 TTM 2005-0071 8350 Santa Ynez 2005 RMF -10 1 3 05/02/06 TTM 2005-0077 Navarrete 2005 RMF -10 4 4 02/07/06 TTM 2005-0080 Musselman In 2005 RMF -16 36 36 TTM 2005-0073 Process Marchant 2005 RMF -10 12 12 09/27/05 GPA 2005-0014 7865 Navajoa 2005 RMF -10 4 4 06/21/05 CUP 2005-0151 Total New Dwelling Units 42 201 245 In conjunction with the condominium projects, 165 entitlement permits were submitted for processing in 2005. These entitlement permits resulted in approval of approximately 144 new dwelling units for the City. In addition to the above activities, in 2005, the Building Department completed 14 of the 72 residential building permits issued in 2004 as a result of the San Simeon Earthquake with a total valuation of $436,600. City of Atascadero - General Plan Housing Element RF%idcnlial units Approved Sintc Juiy 2002' Propct Mame Appliralion Rumo r Date Approved Toul Resldemlal Units Appm d Abo" land Income Caicg9ry ruderale Cow very Low Sew Minrd Use Units DOwmrwr Msm lousing use urns 1 2 Apple VaBay PCrt9•C�ea R�a.ROatl__ Woodridge $pacific PWn SP -1 jCH 2ppE-0635 2C0.{ 2LYC+gIIF '<1S't,"rt73 i0A5g3 70 unilE 279 orbs $8 W15' 729 Wits! 1e_uf:r5 3! units 6Wls 0 3 W Costa PD -20 Ilii 2DQ2-0@27 tIy14A3 40 uniLS 22 uya 3 tms @lsws D1ry --- ! fAonteceo PoxlB GPA 2Q(tl40U1 tCi2S63 dp units �vAs, tubs Ouras Qrn - - -" 5 The Cdony P617 Zrill2(g2472A tMf47S2 38 urns 36 was gums aunts 6 twist B Lk7v0 Crean PC -12 ZW 20030049 982804 279 aorta 2591na -. Orlbs own p take 7 Ttie Ccurly 2 PD- 17 7ra147LCi4b63 py1 Lp1 32 orbs 2s r 6.m 0 oats 9 B Caromar PG1T (Fine Mountain TDR) (7A 2pp3@Q09 OS73W 76 orbs 13 arts 5urs 4 WAS p use 9 7755 fVavapa FCa7 ZCIi 20924(06 _ @Ary3Ni BpnilS 8 Q i pasts 0 10 75011 Navajos po'7 ICH 2OD9-0M7 09't4k'il 4 w345 a una 9wrs @uys D1M 71 Marppta Pp -7 ICH 2O00-0OeD tpn4pa 4rmits aunts Drell Dunda OrXn 12 UeAra� Eslatas P69 ICri 2IXX;-0089 1gR11D9 26 unit5 21 WAS 5una Ours _ - 0 * Dub 13 RodleMe Condo Map TTM 2fpe-0p6fi ildt4RM 60 units 49 WAS SUMS Sows 2 wills fi0W 16 Oak Greve P®-17 IC7141014082 iq•lZgl _ 24 urwa 20 arts @ WAS 12 urik or] [a ands] 15 Morro Re MieebFi50_ PC)<22 GPA 2QD4{y113 dilZ7g1 a units e ora;, 0 wy5 0 uys p a rrys 18 TuniWS Pp.7 7pi �p3-ppg5 tl1r95�} d Unbi auMg prly5 quirts 6 E7 SadhsiAe Villas Aparur�entg CUP WP2gD3q@BS IDBLRi 84 ands 64 oars guys- J13+sMapei 1 1& Obispo Rd PC417 ZCH 2DD9A01B g127A11 8unils buns 2unra: Orrrys Dub 79 SanJ�dO RQ Pf}T ICFs 2003�gLB9 12J1DOs Sums Suns butts -0 Liras Dunt 20 TuraSJRDsartO PCY.7 ICJ°12CA0-0079 4r27Aa 4unils 4uma Ou63 Drswa qua 21 11orlA Fetrpcam GPA 2gdLGDD09 t$10w dd unity Kurys QumS DwyS 0 22 3F A1gapOwa LLA 2gOp-G706 9710YW 117 oras Sit orbs Olbbs Dubs D - _ 23 ErrlerBkl ftidpe Homes LVF 20034116 @%plgl 42 orbs c}rldg. OUMs _ Out" OLM - 24 5310 Carso Road P617 ZC112p01Cffr8 Dt7�D5: 12 arra 10 uws 2 rrys q una 9 25 Westpac Mined llaa C'P'A 2patDD08 1p2504 65 amts &S uba d urns 3 units 3 _ 65 26 F1p/3inpAulltOfitySeQigfkdel CVPa(I(40119 I 1@unms puns DunYs. pats _ 19 _ 19 27 Ataswdero Ave-YVMapeHomas 2CH 2OD4WB8 g272D5 12 arils _ 10 ants 2'lsya Quna b whill 28 9705 San Gigpo PO 18 ICH 2002-0031 4Plt eAO 5unil4 Sums quHa' QuMa 0 29 -5690 Rosario Ave ISD°I 20D3gOrda 06r130y 5 units Sims q oma Q Ulla _ D 90 7250 Santa Yaabel Pp -7 PCH [gOt4917 _ 4as�asp 1p units 9urrs 1WI.; purbs 011,115 " 31 5215 EI Camino Reay GPA 2!}70-0015 p!D'3rM Yrmtlm Qrni6 2urbs Guys D guys 32 AlascaderD ChdsUart Hemel qA9� D7i08lpd 20 ants Dues Qurra 20 oma 0 26 ra7k 33 5002 Traffic Way C1A2gba41 � OaN7101 5 ants 5 as Duras own q 5w" 34 62DS Temrida Rva CW 2W1-01ft _ tl,aWpl 8 ungs B alts Daws Dugs q _ 35 7392 Santa Ysahel ICH 2ODfA090 gT/15D5dunila fabs _ Dubs DrrMa Q.. 38 985 EI Camino Rgdl {FOCI L'i1P 2DLn-0lOB Q99&DI' --.. Lin quos gums Qunla 32 -. 51 200p Ferrgwrnl 2di x-0928 0dY1Tp2 16 units 15 abs autos 0urd5 @ - 37 Clliw Rd tLah05 Arr�Sn@mgnl_Y ICH 97SagOfif 2 units tubs 0 ane bum D P'revieu5 j !1 GgWna4�e Mn] GPiA.'b094009 090894 6units Subs Qrdla b�Alas p . 38 R,arriza Cl (Amendrrled) 7cT1$1D3op75 D998At6 2 units 2unta Ourys - q uys D 39 '7565EI Camino R eat PGt'7 IC112W1-0OB3 83'1595 6 orbs 6rimi puts Daws q un 42 Emerald Rcetlpeu CUP2X"146 gOSOB05 99 orbs 89 ants _ Days Dards Qum dd PinO $0tp G1PI(ru�155 OS<17�V5 41m45 9uY15 4ums Drdya Duty 43 Navajae'C;p1A04 CUP 2U6-0151 DCJ29A5 duras 3Wls 1u� Dvba 0iiiii !D 1156 EI Canino Real (Oak Flaven) 21312006-0098 06V806 - - -- - 62 Wails 53 abs 5 urit7 2urra 2 !6 Alarchan9Tecalrida Condos GPA $pp5-{lpla (�7q5 _ 12units. 10 urMa 1 ants i ie1S5 p - Was dT Weal Frons G°A 2Dtt+0D06 10111415 32 urns 28 3vy3 2uyTuni _ aB Lfnda 4isla PCF2& Zfil�,iDCbgtlDS D5,V2175 5urits Stel4s @Ws gla�it 8350 Sano Ynez Avenue CUP 20084181 OS�DOrgB 4 urns d � 0 ora 0 net CannyS®uareCI,1P 2(g1.p12T g8115V6 87 orbs 87 uys Outs@uy B7 San Afrdres, A.4aswderO. IJa+eajwAvILH2D1K4t15nTlns Yf was 0uata A45 8570 EI CMe2CH 2@06-0t 12 InlOWtils10aryl D antsSanta YSdeel (fat01) ICH 20054110in P'e�•'12 rmils12 ursq oma 0 um Ferrowml{eadlJ San AMrBa game M%#7(Ip501D7 2CH 26154097 manda6uM3, 5 .rrvrts 5 unns DWIa p units Gun Q and Total 7732 antes 1668 un ka 9S lrnlb 3i! arks sf7 uuila 9 401 g Sawl 86% 6% 2% 5% i T2 ulrl� SECTION 4 SUMMARYAND RECOMMENDED HOUSING PRIORITIES FOR 2005 SUMMARY: The City has enacted several programs and approved entitlement permits for several projects that contribute to the implementation of all of the Housing Element goals. As seen in Figure 1, below, over the past five years, Atascadero has seen a significant increase in development activity involving both large and small projects. Building permits issued increased 43% from 2000 to 2004 and held steady for 2005. This activity has provided opportunities for implementation of housing programs designed to meet the requirements of the Housing Element goals. In addition, this activity has given the City a greater diversity in its housing products, from apartments to new subdivisions. Figure 1 — Issued Building Permits 2000-2005 Building Permits Issued 2000-2005 1200 - 1000 m 800 Cn 0 600 E m a 400 200 0 2000 2001 2002 2003 2004 2005 Year The year 2004 was approximately halfway through the time period for meeting the requirements of the Regional Needs Housing Allocation and for implementation of the current Housing Element, which is required to be updated in 2009. To date, the City has met 46% of its Regional Housing Allocation (RHA) and if all the projects which currently have entitlement are built, the City can expect to meet and exceed 100% of the overall RHA. Table 1A — Quantified Objectives Accomplished, shows how the City is meeting the goals of the Housing Element by income level. The Quantified Objectives was officially adopted in June of 2002. Consequently, many of the target numbers for 2001 and 2002 were not met. In 2003, substantial progress was made in reaching the target numbers, which carried forward throughout 2004 and 2005. Programs 2.2 (1), 4.1 (3), 4.2 (3), and 4.4 (1) are the only programs where progress has not been made. Staff is recommending that the City Council establish these programs as a priority for 2006. The following table, Table 9 — Percentage of Quantified Objectives Met shows how the City is doing overall in meeting the quantified objectives. Additional detail can be found in Table 1A which shows the actual breakout of each of the programs' categories. TABLE 9 — Percentage of Quantified Objectives Met Program Description Target 2001-2006 Actual 2001-2006 Percent Accomplished 1.1 2 Downtown Mixed Use 36 5 14% 1.1 3 Small Lot Single Family 40 8 20% 1.1 4 PD in SFR -X Zone PD -17 48 118 245% 1.1 (5) Specific Plan for Large Projects 20 279 1,395% 1.1 7 Mobile and Group Homes 12 32 266% 1.1 (8) Support Apartment Construction 96 105 109% 2.1 1 Density Bonus 20 139 695% 2.1 2 PD -7 for Small Lot Subdivision 68 37 54% 2.2(l) Mort a e Credit Cert. Program 8 0 0% 2.2(2) Inclusionary Ordinance 12 200 1,666% 3.1 (3) Second Units in SFR -Y 12 9 75% 3.1 (4) Mixed Use Projects 28 323 1,154% 3.2(l) Public/Private Partnerships 12 25 208% 6.4(2) Large Family Units 12 4 33% 3.1 (2) Non-profit Involvement 8 19 236% 4.1 (3) Federal Grant Program 56 0 0% 4.2(3) RDA Funds 6 0 0% 4.4(l) No Net Loss of Affordable Units 0 0 0% Based on the objectives that have been met and those that are still outstanding, a "road map" can be designed to help focus the attention of the City Council, over the next five years, to fully implement the Housing Element. Recommended Housing Priorities for 2005: Again, referring to Table 1A on the following page, it is apparent that several identified programs in the Housing Element still need to be implemented. These programs include the Downtown Mixed Use, the Mortgage Credit Certification Program, No Net Loss of Affordable Units, and the federal grant and redevelopment funding programs. Community Development Staff is recommending the City Council establish the following housing program priorities for the year 2006: 1. Five year update of the General Plan Housing Element 2. Certification of the 2002 Housing Element Update of the General Plan. 3. Establishment of the Mortgage Credit Certification Program. 4. Approval of an Inclusionary Housing Ordinance 5. Approval of a Condominium/Mobile Home Conversion Ordinance 6. Research of housing entities that will purchase units which are near the expiration date of their affordable deed restriction 7. Identification and evaluation of housing programs, within the Redevelopment Plan area, that could be funded with Redevelopment Agency monies 8. Update the Density Bonus Ordinance to reflect State law changes effective January 1, 2005. \\Cityhall\cdvlpmnt\-- Affordable Housing\Annual Housing Reports\Annual Report 2005 for 7-18-06 PC.doc