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HomeMy WebLinkAboutPC_2005-01-04_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting January 4, 2005 — 7:00 P.M. City of Atascadero Pavilion on the Lake 9315 Pismo Ave. - Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Kelley Vice Chairperson Porter Commissioner Fonzi Commissioner Jones Commissioner Peterson Commissioner Beraud Commissioner O'Keefe APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to 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) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON DECEMBER 7, 2004. 2. ACCEPTANCE OF FINAL MAP 2004-0100: 7287 SANTA YSABEL AVE. (TPM 2004-0056) COMMUNITY DEVELOPMENT STAFF REPORTS 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).) 3. TENTATIVE PARCEL MAP 2004-0064, SINALOA CONDOS Applicant: Christopher & Jacquelyn Seaberg, 2165 Wilton Drive, Cambria, CA 93428, Phone: 927-0765 Kelly & Theresa Farris, 4680 Shadow Canyon Road, Templeton, CA 93465, Phone: 239-0389 Project Title: Sinaloa Condos, Tentative Parcel Map 2004-0064 for 3 Air Space Condominiums on 1 common lot. Project 7685 Sinaloa Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-131-020 Project The proposed project consists of an application for a Tentative Parcel Map to create 3 Air Space Description: Condominiums on 1 common lot. The parcel is currently developed with an existing Atascadero Colony single-family residence and 2 new homes are proposed for construction. The new homes will be approximately 1,400 square feet with attached garages of approximately 200 square feet. The existing 1,400 square foot home will remain in its present size and location with the addition of a detached 260 square foot garage. No native trees will be removed. Proposed General Plan Designation: High Density Residential (16 units/acre) Environmental Zoning District: Residential Multiple Family— RMF -16 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Negative Declaration was available for public review from 11/9/04 through 11/29/04 at 6905 Determination: El Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. 4. ZONE CHANGE 2004-0094, COMMERCIAL ZONING DISTRICTS Applicant: City of Atascadero, 6905 El Camino Real, Suite 6, Atascadero, CA 93422 Phone: 461-5000 Project Title: Zone Change 2004-0094, Zone Text Amendment Project Commercial Zoning Districts Location: Project The proposed project consists of an application for a Zone Text Amendment to update allowable and Description conditionally allowed uses within Commercial Zoning Districts throughout the City, consistent with the General Plan. General Plan Land Use Designation: General Commercial (GC) Zoning: Commercial Tourist (CT), Commercial Retail (CR), Commercial Neighborhood (CN), Commercial Park (CPK), Commercial Service (CS), Commercial Professional (CP) 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 from 12/10/04 through 12/29/04 at 6905 El Determination: Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on January 18, 2005, at the Pavilion on the Lake, 9315 Pismo Avenue, 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. IICityhalllcdvlpmntl-- PC AgendaslPC 20051PC Agenda. 1-04-05. word. am. doc 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 the Pavilion on the Lake, 9315 Pismo Ave., 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). CITY OF A TASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting December 7, 2004 — 7:00 P.M. CALL TO ORDER ITEM NUMBER: 1 DATE: 1-4-05 Chairperson Kelley called the meeting to order at 7:00 p.m. and Commissioner O'Keefe led the Pledge of Allegiance. ROLL CALL Present: Commissioners Beraud, Fonzi, O'Keefe, Peterson and Chairperson Kelley Absent: Commissioners Jones and Porter Staff Present: Community Development Director Warren Frace, Public Works Director Steve Kahn, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason, Assistant Planner Lisa Wilkinson and Recording Secretary Grace Pucci. APPROVAL OF AGENDA MOTION: By Commissioner O'Keefe and seconded by Commissioner Beraud to approve the agenda. Motion passed 5:0 by a roll -call vote. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 16, 2004. 2. APPROVAL OF THE 2005 PLANNING COMMISSION MEETING SCHEDULE MOTION: By Commissioner Fonzi and seconded by Commissioner Beraud to approve Items #1 and 2. Motion passed 5:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 3. APPEARANCE REVIEW — EMERALD RIDGE ARCHITECTURAL AND SITE PLAN REVIEW Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Peter Laughlin, applicant, spoke about the project and answered questions of the Commission. Lenny Grant, project Architect, spoke about the architecture of the project and answered questions of the Commission. Chairperson Kelley closed the Public Comment period. There was Commission discussion regarding inclusion of a tot park in the project. MOTION: By Commissioner O'Keefe and seconded by Commissioner Peterson to approve the revised elevations and site plan with the additional condition that a tot park with play equipment be included when the design comes in for the second development if the project moves along within a reasonable length of time, or that it be included sooner if the project is delayed. Motion passed 5:0 by a roll -call vote. 4. TREE REMOVAL PERMIT 2004-0065 Applicant: City of Atascadero, Public Works Department, 6905 El Camino Real, Suite 6, Atascadero CA 93422, Phone: 461-5000 Project Title: Tree Removal Permit 2004-0065 Project Bridge located betweenl365 and 1350 Garcia Road Location: Project A request to remove six (6) Live Oaks, two (2) Valley Oaks, and one (1) Toyon, in Description: conjunction with the Garcia Road and Bridge expansion located between 1365 and 1350 Garcia Road. Assistant Planner Lisa Wilkinson gave the staff report. Public Works Director Steve Kahn provided a brief history of the project and requested tree removals, and answered questions of the Commission. PUBLIC COMMENT Steven Alvarez, arborist, answered questions of the Commission. Dan Dulitz, adjacent property owner, asked several questions including; does the tree protection plan cover the entire project, were the calculations for tree removals based on a designation of single family or a road project, can he provide input into where the tree would be planted, and commented that he did not receive notification of tonight's hearing. Public Works Director Steve Kahn addressed the issues raised by Mr. Dulitz. Chip Tamagni, arborist, spoke about the tree inventory and protection for the project. Chairperson Kelley closed the Public Comment period. MOTION: By Commissioner Beraud and seconded by Commissioner O'Keefe to adopt Resolution PC 2004-0133 to approve the request to remove nine native trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance with the following changes to the Conditions of Approval: 1. Condition No. 1: The applicant shall pay $1,217 $2,434 as a portion of the mitigation required for tree removal. 2. Condition No. 2: The applicant shall plant five (5) ten 10 15 -gallon non -deciduous native trees and three -(3) six 6 15 -gallon deciduous native trees at locations recommended by the project arborist. In addition, the City is to work with the adjacent property owners regarding the placement of the replacement trees. 3. Condition No. 3: Monitoring shall be as per the Tree Ordinance. 4. Condition No. 4: add to condition to also avoid impacts to tree #8, 27, and 31 as identified by the arborist's report. Motion passed 5:0 by a roll -call vote. PUBLIC HEARINGS 5. ZONE CHANGE 2004-0078, CONDITIONAL USE PERMIT 2004-0126, TENTATIVE TRACT MAP 2004-0048, FOR A 12 -LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION Applicant: Scott Griffin, 5310 Carrizo Rd., Atascadero, CA 93422 Project Title: Zone Change 2004-0078, Conditional Use Permit 2004-0126, Tentative Tract Map 2004-0048 for a 12 -lot Single -Family Residential Subdivision. Project 5310 Carrizo Rd, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-101-022 Project The proposed project consists of an application for a Planned Development Overlay Description: Zone, Conditional Use Permit, and Tentative Tract Map for a 12 -Lot Residential Subdivision on a 3 -acre parcel under the requirements of PD -17 Overlay Zoning District. The average lot size is 9,674 square feet. The new homes will range in size from 1,248 square feet to 1,725 square feet. The project includes one home per lot each with a two -car garage. One existing on-site colony house will be retained on site. General Plan Designation: Single Family Residential -X Zoning District: Residential Single Family -X Proposed Based on the Initial Study prepared for the project, a Mitigated Negative Declaration Environmental is proposed. The proposed Mitigated Negative Declaration is available for public Determination: review at 6905 El Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 .m., Monday through Friday. Associate Planner Kelly Gleason provided the staff report and answered questions of the Commission. PUBLIC COMMENT Russ Thompson, applicant's representative, discussed the changes made to the project and answered questions of the Commission. Scott Griffin, applicant, stated that he is willing to work with staff in any way required. Robert Amor asked if the potential buyers of these houses would be required to sign a disclosure that there are animals present in the neighborhood. Jamie Warner stated he was pleased with the changes and questioned the configuration of the driveway and whether it would ever be changed into a road. Jon Loken indicated he hoped the project would go through as proposed. Kay Loken stated she would like to be sure the driveway will be for pedestrian access only and questioned the number of homes that would be affordable. Bill Obermeyer said he appreciated the changes and questioned the type of fencing that would adjoin his property and who would be responsible for its maintenance. Chairperson Kelley closed the Public Comment period. City Engineer Steve Kahn requested a change to Condition of Approval No. 43 to allow phasing of the final map. Mr. Thompson indicated that this is acceptable to the applicant. PUBLIC COMMENT Jon Loken stated that the idea of feeling any sympathy for the applicant's hard work has no merit. Chairperson Kelley closed the Public Comment period. MOTION: By Commissioner Peterson and seconded by Commissioner O'Keefe to adopt Resolution PC 2004-0123 recommending that the City Council certify Proposed Mitigated Negative Declaration 2004-0030; and, adopt Resolution PC 2004-0124 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2004-0078 based on findings; and, adopt Resolution PC 2004-0125 recommending that the City Council approve Conditional Use Permit 2004- 0126 to include the Master Plan of Development based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution PC 2004-0126 recommending the City Council approve Vesting Tentative Tract Map 2003-0048 based on findings and subject to Conditions of Approval and Mitigation Monitoring and with the following added to Condition of Approval No. 43 (page 152): A phased final map will be allowed. The phasing will be based on lots that can provide access. Motion passed 5:0 by a roll -call vote. 6. TENTATIVE TRACT MAP 2004-0057, CONDITIONAL USE PERMIT 2004-0141 AMENDMENT, TECORIDA AVENUE CONDOS Applicant: Kelly Gearhart, Atascadero Homeowners, LLC, 7025 Morro Rd., Atascadero, CA 93422, Phone: 461-7504 Project Title: TTM 2004-0057/CUP 2004-0141 Amendment: Tecorida Ave. Condos Project Tecorida Ave, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-292-066, 030-213-008 Project The proposed project consists of an application for a Conditional Use Permit Description: Amendment and Tentative Tract Map to establish 8 condominium units in a proposed multi -family development. The project proposes an open space/tree preservation easement over an existing drainage way on site. General Plan Designation: High Density Multi -Family Zoning District: Residential Multi -Family — 16 / PD -10 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration Environmental is proposed. The proposed Mitigated Negative Declaration is available for public Determination: review from 11/18/04 through 12/7/04 at 6905 El Camino Real, Suite 6, 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. PUBLIC COMMENT Kelly Gearhart, applicant, answered questions of the Commission. Chairperson Kelley closed the Public Comment period. Commissioner O'Keefe stated concern with the grading plan and its lack of tree protection. MOTION: By Commissioner Fonzi and seconded by Commissioner Peterson to adopt Resolution PC 2004-0134 certifying Proposed Mitigated Negative Declaration 2004-0046 and approving the Master Plan of Development based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution PC 2004-0135 approving Tentative Tract Map 2004-0057 to establish 8 residential condominium units based on findings and subject to Conditions of Approval and Mitigation Monitoring. Motion passed 4:1 by a roll -call vote. (O'Keefe opposed) Commissioner O'Keefe stated for the record that she voted against the motion because the tree protection plan was not included. COMMISSIONER COMMENTS AND REPORTS Commissioner Beraud asked if there will be a report on the Tausig plan. Community Development Director Warren Frace stated staff is not ready to bring that report before the Commission at this time. Additionally, Commissioner Beraud reported on the presentation made at Cal Poly and discussed the strategies they are promoting. Commissioner O'Keefe read from a publication from the Atascadero Mutual Water Company and commended their advocacy for the residents of Atascadero. Commissioner Fonzi, thanked staff for the color copies in the staff reports. Chairperson Kelley wished staff, the Commission and those present a happy New Year and a merry Christmas. DIRECTOR'S REPORT Director Frace announced the City's Christmas Party will be held this Saturday at the Lake Pavilion. ADJOURNMENT Chairperson Kelley adjourned the meeting at 8:35 p.m. to the next regularly scheduled meeting of the Planning Commission on January 4, 2005. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 04\PC Draft Minutes. 12-07-04.gp.doc ITEM NUMBER: 2 DATE: 1-4-05 Atascadero Planning Commission Staff Report - Public Works Department Final Map Acceptance Final Map 2004-0100 (Parcel Map AT 04-0022) [TPM 2004-0056] 7287 Santa Ysabel (Greg Ravatt / Wilson Land Surveys) RECOMMENDATION: Staff recommends: Planning Commission accept Final Map 2004-0100 (Parcel Map AT 04-0022) DISCUSSION: The Planning Commission approved Tentative Parcel Map 2004-0056 on May 18, 2004. The Parcel Map was approved based on findings and subject o conditions contained in Planning Commission Resolution 2004-0048. Pursuant to California Government Code Section 66440 the approving legislative body (Planning Commission) cannot deny a final map that is consistent with an approved tentative map. The legislative body is also required to accept, accept subject to improvement or reject, on behalf of the public, any real property offered for dedication for public use in conformity with the terms of the offer of dedication. There are no offers of dedication on this map. Staff has determined that the Final Parcel Map is consistent with approved Tentative Parcel Map. PREPARED BY: Jeff van den Eikhof, Deputy Public Works Director ATTACHMENTS: Exhibit A: Final Map 2004-0100 (Parcel Map AL 04-0022) 12/17/04 FMP 2004-0100 Exhibit A Final Map 2004-0100 (Parcel Map AT 04-0022) 7287 Santa Ysabel Greg Ravatt / Wilson Land Surveys T. C 9 ITEM NUMBER: 2 DATE: 1-4-05 12/17/04 FMP 2004-0100 ITEM NUMBER: 3 DATE: 01/04/05 Atascadero Planning Commission Staff Report — Community Development Department Tentative Parcel Map 2004-0064 (AT 04-0343) 7685 Sinaloa Avenue (Seaberg / Farris) SUBJECT: A proposed condominium map over an existing lot of record to create three airspace units on one common lot. Building permits have been submitted for the development of two units (Building Permits 2004-4348 and 4349). There is an existing Colony House on the property. Staff Recommends: The Planning Commission adopt Resolution PC 2005-0001 approving Tentative Parcel Map 2004-0064 (AT 04-0343), a request to establish three airspace units on one common lot, based on findings and subject to conditions. SITUATION AND FACTS: 1. Applicant/Owners: Chris and Jacquelyn Seaberg 2165 Wilton Dr., Cambria, CA 93428 Kelly and Theresa Farris 4680 Shadow Canyon Rd., Templeton, CA 93465 2. Project Address: 7685 Sinaloa Avenue, Atascadero, CA 93422 3. General Plan Designation: High Density Residential 4. Zoning District: Residential Multi -family - 16 (Maximum 16 du/ac) 5. Site Area: .23 acre (approximately 10,341 square feet, net) 6. Existing Use: One residence, currently vacant 7. Environmental Status: Mitigated Negative Declaration \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER: 3 DATE: 01/04/05 DISCUSSION: Background: The property fronts on Sinaloa Avenue, with a mixture of both single-family and multi- family residences to the north, east, west and south. The land use designation is HDR (High Density Residential, 16 units per acre) and the Zoning District is RMF -16 (Residential Multi -Family, 16 units per acre). The parcel is relatively flat with two native trees and an existing Colony House. City sewer will serve the property, and water is available from the Atascadero Mutual Water Company. Colony House: The Property Condition Report, (prepared by Bob Dillon, General Contractor) and photographic information indicate that the house retains a high level of integrity and is "remarkably close to original." The existing Colony Home was built in 1929 of wood frame construction with a plaster interior. The wood siding is a 2 7/8 pattern of clear redwood shiplap/bevel siding and is all original. The house was constructed as part of the original development of the Atascadero Colony and is important to the history and continuity of the community. Conditions \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER: 3 DATE: 01/04/05 have been included in the attached approval resolution that will help to insure that the historical integrity of this house is preserved through the recordation of a deed restriction (Condition 10 and Mitigation Measure 5.a.1). Condominium Desian: The proposed map will create three airspace units on one legal lot of record. Each unit will have a one -car garage and a small, private yard of 100 square feet or greater. There are five guest parking spaces, three of which are tandem spaces in front of the proposed garages and two of which are parallel spaces along the east property line. The subdivision is consistent with the General Plan High Density Residential Land Use Designation and Residential Multi -Family Zoning regulations, based on performance standards. e{ • Arborm's Report Pg 10 l LC& K -JI. II • IYS?II II \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER: 3 DATE: 01/04105 The new units for the project will be two-story, with hardi-plank siding and decorative garage doors in keeping with general look of the existing Colony House. 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, Subdivisions; Chapter 12). Based on the Property Condition Report and the Pest Inspection Report, the Colony House has recently been updated with new foundation walls and a resurfacing of the interior plaster walls. Key Termite and Pest Control certified the property "free of visible evidence of active infestation" in June of 2004. The General Contractor recommends that additional electrical circuits be added and that the heating ducts be replaced over the next few years. Public Improvements: The project has been conditioned to construct curb, gutter and sidewalk along the Sinaloa Avenue frontage. Environmental Review: A Mitigated Negative Declaration is attached to this report for the Planning Commission \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER: 3 DATE: 01/04105 review. 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 certify the proposed Mitigated Negative Declaration and approve the Tentative Parcel Map as conditioned. ALTERNATIVES: 1. The Commission may approve the map subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the map 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. I 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 2005-0001 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER DATE: 01/04105 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2004-0064 7685 Sinaloa Avenue \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER DATE: 01/04/05 ATTACHMENT 2: Draft Resolution PC 2004-0048 TPM 2004-0064 7685 Sinaloa Avenue DRAFT RESOLUTION NO. PC 2005-0001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE PARCEL MAP 2004-0064 (AT 04-0343), ESTABLISHING THREE AIRSPACE UNITS ON ONE COMMON LOT 7685 SINALOA AVENUE (SEABERG/FARRIS) WHEREAS, an application was received from Chris and Jacquelyn Seaberg, 2165 Wilton Dr., and Kelly and Theresa Farris, 4680 Shadow Canyon Rd., Templeton, CA 93465 (Owner/Applicant), for a Tentative Parcel Map to establish three airspace units on one common lot; and, WHEREAS, the proposed project has a General Plan Designation of High Density residential (HDR) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Multi -family — 16 du/ac (RMF -16) which allows for the proposed use and density when certain findings are made; and, WHEREAS, a Mitigated Negative Declaration was prepared for the project in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Mitigated Negative Declaration and the proposed Tentative Parcel Map application on January 4, 2005 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Certification of Mitigated Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2004- 0042 based on the following findings: 1. The Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment; and 3. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER: 3 DATE: 01/04/05 4. The project does not have impacts which are individually limited, but cumulatively considerable; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. 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. 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. Each tenant received written notification of intention to convert at least 60 days prior to the filing of the tentative map pursuant to Section 66452. 10. Each tenant and each person applying for the rental of the units has received 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 map for the proposed conversion. 12. The applicant has given a written statement promising to 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 has been, or 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 3. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2004-0064 to establish three airspace units on one common lot, subject to the following Conditions and Exhibits: \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER: 3 DATE: 01/04/05 EXHIBIT A: Proposed Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2004-0064 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 Bob Kelley Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER DATE: 01/04105 EXHIBIT A: Proposed Mitigated Negative Declaration TPM 2004-0064 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER DATE: 01/04105 EXHIBIT B: Conditions of Approval / Mitigation Monitoring TPM 2004-0064 Conditions of Approval Timing Responsibility Mitigation TPM 2004-0064 /Monitoring Measure PS: Planning Services Address: 7685 Sinaloa Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Standard Planning Conditions 1. The approval of this application shall become final, subject to the PM PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two years PM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless an a final map has been recorded or 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 PM 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 Parcel Map. 4. A parcel map drawn in substantial conformance with the approved PM PS tentative 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 parcel map shall be subject to additional fees for park or PM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Planning Conditions 7. Prior to final map, the applicant shall submit CC&R's for review and FM PS/Pw approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a. Exclusive use easements for the private yard areas. b. Provisions for maintenance of all common areas including access, parking, street trees, any fencing and landscaping. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER DATE: 01/04105 Conditions Of Approval Timing Responsibility Mitigation TPM 2004-0064 /Monitoring Measure PS: Planning Services Address: 7685 Sinaloa Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy c. A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. d. Provision for screening and maintenance of individual trash receptacles. e. 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 airspace units only. The final FM PS map shall show one common lot and three airspace units. 9. Prior to recordation of the final parcel map, the applicant shall FM PS submit a condominium plan for recording concurrently with the final parcel map. A qualified licensed professional shall prepare the final parcel map and the condominium plan. 10. Prior to recordation of the final parcel map, the applicant shall FM/ongoing PS submit a deed restriction for the Colony House parcel, for review and approval by the Community Development Department and for recording concurrently with the final parcel map that requires all future remodeling, maintenance and construction work on the Colony House to incorporate the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. The standards shall apply to the exterior rehabilitation of the Colony house, proposed improvements, and landscaping. 11. Should the units be constructed and rented prior to the recordation FM PS of the final map, all requirements set forth in Government Code Section 66427.1 shall be met. 12. A final landscape plan shall be submitted for review and approval FM PS/BS by the Community Development Department. The landscape plan shall incorporate the use of native species and limit turf areas in order to reduce water needs. 13. The maximum percent of coverage for the lot, excluding decks less FO PS than 30 inches from the ground, shall be 50%. 14. Each unit will be provided a minimum of 100 square feet of FO PS/BS enclosed storage space, exclusive of closets. 15. Each unit will be responsible for its individual trash receptacle and FO PS/BS shall keep it screened from public view, except on trash pickup day. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER DATE: 01/04105 Conditions Of Approval Timing Responsibility Mitigation TPM 2004-0064 /Monitoring Measure PS: Planning Services Address: 7685 Sinaloa Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 16. Prior to final inspection for the proposed units, the owner shall plant FO PS/BS one 15 -gallon oak tree at the southwest corner of the property. 17. In all areas of the driveway near native oak trees, the owner shall FO PS/BS use decorative pavers. The remainder of the driveway shall be decorative concrete to be approved by Community Development Staff prior to installation. 18. If exterior lighting is proposed, it shall be designed to eliminate BP PS 1.c.1 any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 16 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. 19. The project shall be conditioned to comply with all applicable BP PS/BS 3.a.b.c. District regulations pertaining to the control of fugitive dust (PM - 10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plan notes shall list the following regulations: a. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. b. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. d. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. e. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. f. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast -germinating native grass seed and watered until vegetation becomes established. g. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods, approved in advance by the APCD. h. All roadways, driveways, sidewalks, etc. to be paved shall \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER DATE: 01/04105 Conditions Of Approval Timing Responsibility Mitigation TPM 2004-0064 /Monitoring Measure PS: Planning Services Address: 7685 Sinaloa Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. i. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. j. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. k. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. 1. Wheel washers are required when significant offsite import or export of fill is involved. m. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. 20. Mitigation Measure 4.e.1: All mitigation recommended in the BP PS 4.e.1 Arborists Report of July 8, 2004 shall be implemented during construction and following all construction activities. All tree pruning shall be done 30 days prior to the start of construction, and the impacted tree shall be treated with systemic growth stimulant to prevent shock. Tree protection shall be placed around both native trees on site. Fencing shall be placed at a minimum of 4 feet from the trunk of the 44" Coastal Live on the property's southern boundary. The Contractor shall designate a place for storage of equipment, supplies, stockpiling, and waste or rubble storage well outside the driplines of both native trees. Impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.105 will be required for all trees impacted by 50% or more. 21. Mitigation Measure 4.e.2: The building permit site plan shall BP PS 4.e.2 identify all protection and enhancement measures recommended by the Certified Arborist in the Arborist's Report. Tree protection fencing shall be installed at the locations called out in the Arborist's Report. 22. Mitigation Measure 4.e.4: The developer shall contract with a BP PS 4.e.4 certified arborist during all phases of project implementation. The certified arborist shall be responsible for monitoring the project during all phases of construction through project completion, as follows: a. A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER DATE: 01/04105 Conditions Of Approval Timing Responsibility Mitigation TPM 2004-0064 /Monitoring Measure PS: Planning Services Address: 7685 Sinaloa Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy b. Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. c. As specified by the arborist report and City staff: ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching to preserve and protect roots that are larger than 1 inch in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 2 inches in diameter or larger are not to be cut until inspected and approved by the on- site arborist. ■ Minimize removing or storing topsoil around the base of the tree and the root zone. ■ Do not pile any topsoil against the trunk of the trees. ■ Avoid soil compaction around the tree trunks and/or within the dripline of the trees. d. Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the Arborist Report was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. 23. Mitigation Measure 5.a.1: The proposed project shall BP PS 5.a.1 incorporate the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. The standards shall apply to the exterior rehabilitation of the Colony house, construction of the new garage for the colony house, design of the proposed two homes, and proposed improvements, including landscaping and decorative paving for the new driveway, to the overall project site, subject to staff review and approval. 24. Mitigation Measure 5.a.2: Final design of the new detached BP PS 5.a.2 garage for the colony house shall be compatible with the existing colony house and single -car garage, including \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER DATE: 01/04105 Conditions Of Approval Timing Responsibility Mitigation TPM 2004-0064 /Monitoring Measure PS: Planning Services Address: 7685 Sinaloa Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy matching exterior materials and colors. 25. Mitigation Measure 5.a.3: The proposed project shall include BP PS 5.a.3 Covenants, Conditions and Restrictions (CC&R's) or an equivalent mechanism that incorporate the condominium development conditions of approval to ensure that the site retains the historic qualities (historic buildings, architecture, colors, materials, fencing, and landscaping) over time. 26. Mitigation Measure 5.b: Should any cultural resources be BP PS 5.b. unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. 27. Mitigation Measure 6.b.1: The grading permit application plans BP PS/CE 6.b.1 shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. 28. Mitigation Measure 6.c.d: A soils report shall be required to BP BS 6.c.d. be submitted with a future building permit by the building department. 29. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention BP CE 8.e.f.1 Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. 30. Mitigation Measure 8.e.f.2: The developer is responsible for BP CE/BS 8.e.f.2 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. 31. Mitigation Measure 11.d: All construction activities shall BP BS/PS 11.d. comply with the City of Atascadero Noise Ordinance for hours of operation. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER DATE: 01/04105 Conditions Of Approval Timing Responsibility Mitigation TPM 2004-0064 /Monitoring Measure PS: Planning Services Address: 7685 Sinaloa Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. City Engineer Standard Conditions 32. All public improvements shall be constructed in conformance FM/FO PW with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 33. 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. 34. 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. 35. The Subdivision Improvement Agreement shall record FM PW concurrently with the Final Map. 36. An encroachment permit shall be obtained prior to the issuance BP PW of building permit. 37. A six (6) foot Public Utility Easement (PUE) shall be provided FM PW contiguous to the Sinaloa Avenue property frontage. 38. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 39. The applicant shall install all new utilities (water, gas, electric, BP PW cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER DATE: 01/04105 Conditions Of Approval Timing Responsibility Mitigation TPM 2004-0064 /Monitoring Measure PS: Planning Services Address: 7685 Sinaloa Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 40. The applicant shall monument all property corners for FM PW construction control and shall promptly replace them if disturbed. 41. The applicant shall acquire title interest in any off-site land that FM PW may 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. 42. Slope easements shall be provided as needed to accommodate FM PW cut of fill slopes. 43. Drainage easements shall be provided as needed to FM PW accommodate both public and private drainage facilities. 44. A preliminary subdivision guarantee shall be submitted for review FM PW in conjunction with the processing of the parcel map. 45. All existing and proposed utility, pipeline, open space, or other FM PW easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 46. The final map shall be signed by the City Engineer prior to the FM PW map being placed on the agenda for City Council acceptance. 47. Prior to recording the parcel map, the applicant shall submit a FM PW map drawn in substantial conformance with the approved tentative 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. 48. Prior to recording the parcel 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 parcel 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. 49. Prior to recording the parcel map, the applicant shall pay all FM PW outstanding plan check/inspection fees. 50. Prior to recording the parcel map, the applicant shall complete all FM PW improvements required by these conditions of approval. 51. Prior to recording the parcel map, the applicant shall have the FM PW map reviewed by all applicable public and private utility \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER DATE: 01/04105 Conditions Of Approval Timing Responsibility Mitigation TPM 2004-0064 /Monitoring Measure PS: Planning Services Address: 7685 Sinaloa Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 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 parcel map. 52. Upon recording the final map, the applicant shall provide the City FM PW with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 53. 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. 54. 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 55. All frontage improvements shall be constructed on Sinaloa BP PW Avenue. Improvements shall include widening Sinaloa Avenue and constructing curb, gutter and sidewalk along the property frontage. 56. Applicant shall slurry seal Sinaloa Avenue along the entire FM/BP PW property frontage, from the centerline plus ten feet. 57. Driveway approach shall be constructed to current ADA FM/BP PW regulations. This includes a 4 -foot landing at the back of the driveway approach. Proposed public pedestrian easement shall be increased to include landing. 58. Buildings shall be connected by three individual 4" sewer FM/BP PW laterals, or a single 6" sewer lateral. 59. All sewer laterals serving buildings where the finish floor is less FM/BP PW than 12 -inches above the next upstream manhole shall be fitted with a backflow prevention device. 60. A drainage report prepared by a civil engineer shall be submitted FM/BP PW for review and approval of the City Engineer, prior to building permit issuance or recordation of the final map. A detention basin shall be provided for all increased runoff in accordance with the City Municipal Code and Engineering Standards. Atascadero Mutual Water Company Project Conditions \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER DATE: 01/04105 Conditions Of Approval Timing Responsibility Mitigation TPM 2004-0064 /Monitoring Measure PS: Planning Services Address: 7685 Sinaloa Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 57. Before recordation of the final map, the applicant shall submit FM AMWC 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. 58. Before the start of construction on the water system FM AMWC 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" agreement. 59. Before issuance of building permits, the applicant shall obtain a FM AMWC "Will Serve" letter from AMWC for the newly created lots within the subdivision. 60. Separate water meters for domestic water service are required FM AMWC for each individual condominium unit. 61. The applicant shall obtain a separate landscape -irrigation meter FM AMWC 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. 62. Before construction of the water system improvements, AMWC FM AMWC shall review and approve the landscape plans for the common areas within the project. 63. The applicant is responsible for designing and constructing FM AMWC water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc EXHIBIT C: Tentative Parcel Map TPM 2004-0064 .n P�- Z8 D ITEM NUMBER: 3 DATE: 01/04105 J IF P J C7 b��r 88 gig t g �g N C9 dl a d� litg -- gal iiifP�ii� lai n7l. a3 l8 I J IF P \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc J C7 b��r 88 gig t g �g N C9 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 04\TPM 2004-0064 7685 Sinaloa Ave\PC Staff Report.km.doc ITEM NUMBER: 4 DATE: 1-04-05 Atascadero Planning Commission Staff Report — Community Development Department Commercial Zoning Text Amendment Zone Change 2004-0094 (City of Atascadero) SUBJECT: The proposed Zone Change consists of a Text Amendment to update uses allowed and conditionally allowed within the Commercial Zoning Districts consistent with the General Plan. RECOMMENDATION: Staff Recommends: 1. The Planning Commission adopt Resolution PC 2005-0002, recommending that the City Council introduce an ordinance for first reading, by title only, to approve Zone Change 2004-0094 based on findings. SITUATION AND FACTS: 1. Applicant: 2. General Plan Designation 3. Zoning District: 4. Environmental Status City of Atascadero Citywide, currently applies to: General Commercial (GC) Commercial Park (CPK) Service Commercial (SC) Citywide, currently applies to: Commercial Retail (CR) Commercial Tourist (CT) Commercial Park (CPK) Commercial Services (CS) Proposed Mitigated Negative Declaration 2004-0045 ITEM NUMBER: 4 DATE: 1-04-05 DISCUSSION: Background The City's General Plan, adopted in 2002, contains policies which focus on updating allowed and conditionally allowed uses within Commercial Zoning Districts. Additionally, the General Plan calls for expanding uses within the Commercial Tourist Zone, defining bars, dance halls, night clubs, and drive through restaurants as conditionally allowed uses, and abating uses solely devoted to outdoor storage. Summary The proposed Zone Text Amendment is as follows: • Allow Office and Retail uses to the CT Zoning District. • Conditionally allow Amusement Services; Bar/Tavern; and Eating and drinking places with drive-through facilities to the CT Zoning District. • Conditionally allow drive-through services to CR, CT, CN, CP, and CPK Zoning Districts. • Change vehicle & equipment storage from allowed use to conditionally allowed use in the CR Zoning District. • Change storage yards from allowed use to conditionally allowed use in the CS Zoning District. • Add Bar/tavern; eating and drinking places with drive-through facilities; and vehicle and Equipment Storage to conditionally allowed uses in the CR Zoning District. • Add Financial services; Furniture, home furnishings, and equipment; General merchandise stores, Offices to the CT Zoning District. • Add Bar/tavern; eating and drinking places where areas of use are greater than two thousand five hundred (2,500) square feet per store; and eating and drinking places with drive-through facilities to conditionally allowed uses in the CPK Zoning District. • Adjustments to the following use definitions: Bar/Tavern, Eating and Drinking Places, Eating and Drinking Places with drive-through facilities. ITEM NUMBER: 4 DATE: 1-04-05 Analysis Exaandina Uses within the Commercial Tourist Zonina District: The Zoning Ordinance currently limits office and retail use within the Commercial Tourist Zone, permitting such uses only when they are subordinate to an allowed use. General Plan Policy 13.3.3 supports an expansion of allowable uses within this zone. The proposed amendment will allow office and retail uses independent of another use within the Commercial Tourist Zone. The amendment will create additional development opportunities for existing vacant and under-utilized sites and will allow smaller parcels to develop with small-scale retail and office uses. Bars, Dance Halls, and Night Clubs: Dance Halls and Night Clubs are currently included in the "Amusement Services" land use definition and are defined as principal uses which are not part of a eating and drinking establishment. Also included in the land use definition for "Amusement Services" are bowling alleys, pool halls, skating rinks, ballrooms, card rooms, exercise facilities, and gymnasiums. As these uses can have potential impacts to adjacent uses, General Plan Policy LOC 3.1.11 calls for an update to the Zoning Ordinance to ensure that conditional use permit approval is required for these uses. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as use compatibility, architectural and site design, signage, noise, hours of operation, buffering, and specific standards of the Zoning Ordinance. At this time, amusement services are conditionally allowed in the Commercial Retail and Commercial Service Zoning Districts and are currently allowed in the Commercial Tourist Zoning Districts. The proposed Zone Text Amendment would update the Commercial Tourist Zoning District to require a Conditional Use Permit for such uses. In addition, the proposed Zone Text update recognizes the distinction between bars and other listed types of amusement services creating a new land use definition for establishments primarily engaged in the sale of alcohol. Bars and similar uses are proposed as conditional uses within the Commercial Retail, Commercial Tourist, and Commercial Park Zoning Districts. Drive-throuah Restaurants: Currently, drive-through restaurants are included in the definition for Eating and Drinking places. The proposed Zone Text Amendment would update the land use definitions to add drive-through restaurants as a separate use, allowing restaurants with drive-through services to be added as a conditional use to Commercial Zones while maintaining eating and drinking establishments without a drive-through component as an allowed use. The proposed Zone Text Amendment would establish drive-through restaurants as a conditionally allowed use within the Commercial Retail, Commercial Tourist, Commercial Neighborhood, Commercial Professional, and Commercial Park Zoning Districts. ITEM NUMBER: 4 DATE: 1-04-05 Making drive-through restaurants a conditional use will allow the Planning Commission and public to address concerns related to such uses and mitigate any potential impacts that the use might have on the surrounding neighborhood. Outdoor Storaae Uses: General Plan Policy 1.3.7 calls for the abatement of uses solely devoted to outdoor storage. The proposed amendments include requirements for a Conditional Use Permit for "Storage Yards" within the Commercial Service Zone and requirements for a Conditional Use Permit for "Vehicle and equipment storage" within the Commercial Retail Zone. General Plan Consistency Staff finds the proposed Text Amendment to be consistent with the 2002 General Plan's goals and policies as noted in LOC 1, 3, 13, and 14: LOC 1.3.7 Develop a program to abate uses solely devoted to outdoor storage. LOC 3.1.5 Develop incentives to attract new businesses to under utilized locations along El Camino Real. LOC 3.1.11 Amend and maintain the zoning ordinance to require Conditional Use Permit approvals of bars, dance halls, night clubs, drive through restaurants, and service stations. LOC 13.3.3 Update and maintain the zoning ordinance to allow additional uses in the Tourist Commercial Zone. LOC 14.4 Ensure the City regulations and processes support economic development opportunities. CONCLUSION: The proposed Zone Text Amendment to update allowed and conditionally allowed uses within Commercial Zones is consistent with General Plan Land Use and Economic Development Policies. The Zoning Code update will establish additional review of potential impacts and expand opportunities for development within specific commercial areas. ALTERNATIVES: 1. The Planning Commission may add to or modify conditions for the proposed project. 2. The Planning Commission may recommend denial of the proposed Zoning Code Amendment. ITEM NUMBER: 4 DATE: 1-04-05 3. The Planning Commission may continue the hearing and refer the project back to staff for further analysis. Direction should be given to staff and the applicant on required additional information. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Draft Planning Commission Resolution 2005-0002 Attachment 2: Draft Resolution PC 2004-0044 DRAFT RESOLUTION PC 2005-0002 A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2004-0094 TO UPDATE ALLOWED AND CONDITIONALLY ALLOWED USES IN COMMERCIAL ZONES. (ZCH 2004-0094 - Zoning Text Amendment) WHEREAS, an application has been received from the City of Atascadero (6905 El Camino Real, Suite 6, Atascadero, CA 93422), to consider a project consisting of a zone text change to update code sections related to allowed and conditionally allowed uses in commercial zoning districts; and, WHEREAS, the City of Atascadero's 2025 General Plan incorporated a series of Smart Growth goals that include efficient use and reuse of existing lands and for more compact, pedestrian scaled development through intensification of commercially designated land uses; and, WHEREAS, the General Plan contains Policies and Programs to provide a sound economic base to sustain the City's unique character by establishing a range of employment and business opportunities and generate sufficient revenue to support adequate levels of public services, and environment, social and educational quality and to retain and expand existing businesses and attract new businesses to improve the availability of goods and services; and, WHEREAS, the General Plan contains Policies and Programs to provide public and Planning Commission review of uses which may have potential impacts to surrounding uses and neighborhoods; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2004-0045 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 the Zoning Ordinance to protect the health, safety and welfare of its citizens by applying orderly development of the City; 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 Zone 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 Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 4, 2005, studied and considered Zone Change 2004-0094, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Certification of Mitigated Negative Declaration 2004- 0045. The Planning Commission finds as follows: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated 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. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. 5. The project does not have impacts which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for Approval of Zone Text Change 2004-0094. The Planning Commission finds as follows: 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the zoning ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The zone change will not, in itself, result in significant environmental impacts. SECTION 3. Zone Text Change. The City Zoning Ordinance Title 9 is hereby amended as follows (underlined and bolded): 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 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 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. 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 manufacture three general classes of products: (1) basic chemicals such as acids, alkalis, salts, and organic chemicals; (2) chemical products to be used in further manufacture such as synthetic fibers, plastic materials, dry colors, and pigments; (3) finished chemical products to be used for ultimate consumption such as drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries such as paints, fertilizers, and explosives. Churches and Related Activities. Religious organization facilities operated for worship or for promotion of religious activities, including churches and religious Sunday -type schools. Other establishments maintained by religious organizations, such as educational institutions, hospitals and other operations that may be considered commercial in nature if not run by the religious organization (such as a recreational camp) are classified according to their respective activities. 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 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, 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 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 byproduct processing); (2) dairy products processing; (3) canned and preserved fruit and vegetables and related processing; (4) grain mill products and byproducts; (5) bakery products, sugar and confectionery products; (6) fats and oil products; (7) beverages and liquors (except wineries, which are included under "Ag Processing"); and (8) miscellaneous food preparation from raw products. Operations on crops subsequent to their harvest are included under "Ag Processing." Forestry. Establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, and related activities such as reforestation services; also the gathering of gum barks, sap, moss and other forest products. Does not include logging camps. Fuel and Ice Dealers. Retail trade establishments primarily engaged in the sale to consumers of coal, wood, ice, fuel oil and liquefied petroleum gas (LPG), bottled or in bulk. Funeral Services. Establishments with facilities for the preparation of the dead for burial or cremation and for the holding of funeral observances and services. Accessory facilities may include a cemetery, columbarium or mausoleum. Includes: funeral homes and parlors, mortuaries, and related facilities. Furniture and Fixtures. Manufacturing establishments producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Furniture, Home Furnishings and Equipment. Retail trade establishments primarily engaged in selling furnishings for the home, such as furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators and other household electrical and gas appliances. Establishments selling electrical and gas appliances are included only if the major part of their sales consist of articles for home use. Also includes retail sale of office furniture, as well as music stores. General Merchandise Stores. Retail trades included in this group are department stores, variety stores, drug and discount stores, general stores, etc., engaged in retail sales of many lines of new and used merchandise, including: dry goods; apparel and accessories; furniture and home furnishings; small wares; hardware; sporting goods and equipment; bicycles, parts and accessories. Also includes sales of miscellaneous shopping goods such as: books; stationery; jewelry; hobby materials, toys and games; cameras and photographic supplies; gifts, novelties and souvenirs; luggage and leather goods; fabrics and sewing supplies; florists; cigar and newsstands: artists' items (stores for which may include space for crafting operations when such area is subordinate to the retail sales); and other miscellaneous retail shopping goods. Glass Products. Manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Does not include artisan and craftsman type operations of a larger scale than home occupations, which are listed under "Small Scale Manufacturing." Health Care Services. Service establishments primarily engaged in furnishing medical, mental health, surgical and other personal health services including: medical, dental and psychiatric offices (mental health) related services including various types of counseling practiced by licensed individuals other than medical doctors or psychiatrists, or unlicensed individuals, are included under "Offices"); medical and dental laboratories; outpatient care facilities; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included. Also includes hospitals and similar establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services; such establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. Nursing homes and similar long-term personal care facilities are classified in "Residential Care." Home Occupations. The gainful employment of the occupant of a dwelling, with such employment activity being subordinate to the residential use of the property. Horticultural Specialties. Agricultural establishments primarily engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Also includes establishments engaged in the sale of such products, i.e., wholesale and retail nurseries. Hotels, Motels. Commercial transient lodging establishments including hotels, motor hotels, motels, tourist courts or cabins, primarily engaged in providing overnight or otherwise temporary lodging, with or without meals, for the general public. Such establishments shall not provide kitchen facilities in more than twenty-five (25%) percent 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; recreation and community centers. Kennels. A lot, building, structure, enclosure or premises where four or more dogs or cats (four 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; mobile home and modular home assembly. Wood and cabinet shops are included in "Furniture and Fixtures." Craft type shops are included in "Small Scale Manufacturing." 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 byproduct 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. Mobile home Developments. Includes mobile home parks and mobile home subdivisions in any area or tract of land where two or more mobile home lots are leased, rented, or sold to accommodate mobile homes used for human occupancy. Includes the renting and leasing of overnight or short-term sites for trailers and campers in a mobile home park provided that such spaces are included in the maximum allowable density and do not constitute more than twenty (20%) percent of the total spaces in the mobile home park. Mobile home 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 or more families living independently of each other (includes duplexes, triplexes and apartments). Offices. Establishments engaged in performing a service in a professional office including: engineering, architectural and surveying services; real estate agencies; noncommercial educational, scientific and research organizations; accounting, auditing, and bookkeeping services; authors, writers, artists, etc.; advertising agencies; photography studios and small commercial art studios; employment agencies and stenographic services; reporting services; data processing and computer services; management, public relations, and consulting services; detective agencies and other similar professional services; attorneys; and counseling services provided by individuals other than licensed psychiatrists, which are included under "Health Care Services." Organization Houses. Residential lodging houses operated by membership organizations for the benefit of their constituents and not open to the general public. Also includes fraternity and sorority residential houses and religious residential retreats. Outdoor Recreation Services. Facilities for various outdoor sports and recreation, including: amusement and kiddie parks; golf courses, golf driving ranges and miniature golf courses; skateboard parks; go-cart and miniature auto race tracks; tennis courts, swim and tennis clubs and facilities; play lots, playgrounds and athletic fields; recreation and community centers. Paper Products. Includes the manufacture of pulps from wood, other cellulose fibers, and rags; the manufacture of paper and paperboard; and the manufacture of paper and paperboard into converted products such as paper coated off the paper machine, paper bags, paper boxes, and envelopes. Also includes building paper and building board mills. Paving Materials. Manufacturing establishments producing various common paving and roofing materials, including paving blocks made of asphalt, creosoted wood and various compositions of asphalt and tar. Personal Services. Service establishments primarily engaged in providing 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 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. 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 (1) 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 pumps. Sexually Oriented Business. Any business defined by the Atascadero Sexually Oriented Business Ordinance (see Chapter 5-10) 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 craftsmantype 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. Utility Service Centers. 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. 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 motorfreight 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, motorhomes, 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 ministorage 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. 9-3.203 Conditional uses. The following uses may be allowed in the Commercial Neighborhood Zone. The establishment of conditional uses shall be as provided by Section 9-2.109 (conditional use permits): (a) Service Stations (see Section 9-6.164); (b) Food and beverage retail sales, where areas of use are greater than two thousand five hundred (2,500) square feet per store; (c) General merchandise stores, where areas of use are greater than two thousand five hundred (2,500) square feet per store; (d) Eating and drinking places, where areas of use are greater than two thousand five hundred (2,500) square feet per store; (e) Eating and drinking places with drive-through facilities. 9-3.213 Conditional uses. The following uses may be allowed in the Commercial Professional Zone. The establishment of conditional uses shall be as provided by Section 9-2.109; (a) Caretaker's residence (see Section 9-6.104); (b) Churches and related activities (see Section 9-6.121); (c) Pipelines; (e) Easting and drinking places with drive-through facilities; (f) Food and beverage retail sales, where areas of use are greater than two thousand five hundred (2,500) square feet per store; (g) General merchandise stores, where areas of use are greater than two thousand five hundred (2,500) square feet per store; (h) Personal services, where areas of use are greater than two thousand five hundred (2,500) square feet per store; (i) Building materials and hardware, where areas of use are greater than two thousand five hundred (2,500) square feet per store (see Section 9-6.165); 0) Furniture, home furnishings and equipment, where areas of use are greater than two thousand five hundred (2,500) square feet per store. 9-3.222 Allowable uses. The following uses shall be allowed in the Commercial Retail Zone. The establishment of allowable uses shall be as provided by Section 9-2.107 (Plot plans) and Section 9-2.108 (Precise plans): (a) Broadcast studios; (b) Building materials and hardware (see Section 9-6.165); (c) Food and beverage retail sales; (d) Furniture, home furnishings and equipment; (e) General merchandise stores; (f) Mail order and vending; (g) Temporary or seasonal sales (see Section 9-6.174); (h) Financial services; (i) Health care services; 0) Offices; (k) Small scale manufacturing; (1) Temporary offices (see Section 9-6.176); (m) Personal services; (n) Light repair services; (o) Accessory storage (see Section 9-6.103); (p) Eating and drinking places; (q) Membership organizations; (r) Horticultural specialties (see Section 9-6.116); (s) Schools --business and vocational (see Section 9-6.125); (t) Utility transmission facilities; (u) Business support services, where all areas of use are located within a building; (v) Social and service organizations; (w) Collection stations (see Section 9-6.130); (x) Farm equipment and supplies; (y) Fuel and ice dealers (See Section 9-6.134); (z) Hotels and motels; (aa) Skilled nursing facility (see Section 9-6.134); (bb) Bed and breakfast; (cc) Retirement hotel; (dd) Funeral services; (ee) Schools (see Section 9-6.125) ; (ff) Utility service center; (gg) Libraries and museums; (hh) Temporary events (see Section 9-6.177); (ii) Sexually oriented businesses (see Chapter 5-10). 9-3.223 Conditional uses. The following uses may be allowed in the Commercial Retail Zone. The establishment of conditional uses shall be as provided by Section 9-2.109 (Conditional use permits): (a) Amusement services; (b) Bar/tavern (c) Caretaker residence (see Section 9-6.104); (d) Eating and drinking places with drive-through facilities; (e) Service station (see Section 9-6.164); (f) Public assembly and entertainment; (g) Indoor recreation services; (h) Animal hospitals (see Section 9-6.110); (i) Auto repair and services (see Section 9-6.168); 0) Churches and related activities (see Section 9-6.121); (k) Food and kindred products (see Section 9-6.128); (1) Pipelines; (m) Outdoor recreation services (see Section 9-6.123); (n) Sports assembly; (o) Transit stations and terminals; (p) Kennels (see Section 9-6.111); (q) Vehicle and Equipment Storage (see Section 9-6.183); (r) Auto dealers (new and used) and supplies (see Section 9-6.163). 9-3.232 Allowable uses. The following uses are allowed in the Commercial Service Zone. The establishment of allowable uses shall be as provided by Section 9-2.107 (Plot plans) and Section 9-2.108 (Precise plans): (a) All uses listed as allowable uses in the CR (Commercial Retail) Zone; (b) Wholesaling and distribution; (c) Light repair services; (d) Apparel and finish products, where areas of use are less than five thousand (5,000) square feet; (e) Electronic and scientific instruments, where areas of use are less than five thousand (5,000) square feet; (f) Furniture and fixtures, where areas of use are less than five thousand (5,000) square feet; (g) Animal hospitals (see Section 9-6.110); (h) Auto repair and services (see Section 9-6.168); (i) Laundries and dry cleaning plants; 0) Stone and cut stone products, where all areas of use are less than five thousand (5,000) square feet; (k) Contract construction services; (1) Food and kindred products (see Section 9-6.128); (m) Kennels (see Section 9-6.111); (n) Sexually oriented businesses (see Chapter 5-10). 9-3.233 Conditional Uses. The following uses may be allowed in the Commercial Service Zone. The establishment of conditional uses shall be as provided by Section 9-2.109 (Conditional use permits): (a) Amusement services; (b) Warehousing; (c) Vehicle and freight terminal; (d) Service stations (see Section 9-6.164); (e) Caretaker residence (see Section 9-6.104); (f) Transit stations and terminals; (g) Public assembly and entertainment; (h) Indoor recreation services; (i) Outdoor recreation services (see Section 9-6.123); 0) Apparel and finish products, where areas of use exceed five thousand (5,000) square feet; (k) Sports assembly; (1) Electronic and scientific instruments, where areas of use exceed five thousand (5,000) square feet; (m) Furniture and fixtures, where areas of use exceed five thousand (5,000) square feet; (n) Glass products manufacturing; (o) Pipelines; (p) Stone and cut stone products, where all areas of use exceed five thousand (5,000) square feet; (q) Auto dealers (new and used) and supplies (see Section 9-6.163.); (r) Storage yards (see Section 9-6.140). 9-3.242 Allowable uses. The following uses shall be allowed in the Commercial Tourist Zone. The establishment of allowable uses shall be as provided by Sections 9-2.107 and 9-2.108: (a) Eating and drinking places; (b) Financial services; (c) Furniture, home furnishings, and equipment; (d) General merchandise stores; (e) Hotels and motels; (f) Service station (see Section 9-6.164); (g) Accessory storage (see Section 9-6.103); (h) Utility transmission facilities; (i) Libraries and museums; 0) Outdoor recreation services (see Section 9-6.123); (k) Offices; (1) Sports assembly; (m) Temporary events (see Section 9-6.177); (n) Transit stations and terminals; (o) Collection station (see Section 9-6.130); (p) Recreational vehicle park (see Section 9-6. 180); (q) Roadside stands (see Section 9-6.117); (r) Temporary and seasonal sales (see Section 9-6.174); (s) Public assembly and entertainment; (t) The following only apply when clearly subordinate and incidental to an allowable use as provided in this section: (1) Food and beverage retail sales, (2) Personal services, (3) Auto repair and services (see Section 9-6.168); (u) Bed and breakfast; (v) Indoor recreation services. (Ord. 68 § 9-3.242, 1983) 9-3.243 Conditional uses. The following uses may be allowed in the Commercial Tourist Zone. The establishment of conditional uses shall be as provided by Section 9-2.109: (a) Amusement services; (b) Auto, mobilehome and vehicle dealers and supplies (see Section 9-6.163); (c) Bar/tavern (d) Eating and drinking places with drive-through facilities; (e) Sales lots (see Section 9-6.139); (f) Caretaker's residence (see Section 9-6.104); (g) Pipelines. (Ord. 68 § 9-3.243, 1983) 9-3.252 Allowable uses. The following uses shall be allowed in the Commercial Park Zone. The establishment of allowable uses shall be as provided by Chapter 2 of this title: (a) Apparel and finished products; (b) Accessory storage (see Section 9-6.103); (c) Broadcasting studios; (d) Building materials and hardware (see Section 9-6.165); (e) Business support services; (f) Contract construction services; (g) Electronic and scientific instruments; (h) Farm equipment and supplies; (i) Food and kindred products (see Section 9-6.128); 0) Fuel and ice dealers (see Section 9-6.129); (k) Furniture and fixtures; (1) Horticultural specialties (see Section 9-6.116); (m) Laundries and dry cleaning plants; (n) Light repair services; (o) Mail order and vending; (p) Roadside stands (see Section 9-6.117); (q) Schools --business and vocational (see Section 9-6.125); (r) Small scale manufacturing; (s) Stone and cut stone products; (t) Temporary events (see Section 9-6.177); (u) Temporary or seasonal sales (see Section 9-6.174); (v) Utility transmission facilities; (w) Wholesaling and distribution; (x) The following uses when established in conjunction with a commercial center containing at least one major commercial tenant with a minimum of twenty thousand (20,000) square feet of floor area: (1) Financial services, (2) Food and beverage retail sales, (3) Furniture, home furnishings and equipment, (4) General merchandise store. (y) Eating and drinking places of up to two thousand five hundred (2,500) square feet; (z) Office; (aa) Health care services. 9-3.253 Conditional uses. The following uses may be established in the Commercial Park Zone. The establishment of conditional uses shall be as provided by Chapter 2 of this title: (a) Animal hospitals; (b) Auto repair and services (see Section 9-6.168); (c) Bar/tavern; (d) Chemical products; (e) Concrete, gypsum and plaster products; (f) Eating and drinking places where areas of use are greater than two thousand five hundred (2,500) square feet per store; (g) Eating and drinking places with drive-through facilities; (f) Glass products; (g) Lumber and wood products; (h) Machinery manufacturing; (i) Membership organizations; 0) Mini storage; (k) Paper products; (1) Paving materials; (m) Pipelines; (n) Plastics and rubber products; (o) Public assembly and entertainment; (p) Sales lots (see Section 9-6.139); (q) Structural clay pottery products; (r) Textile mills; (s) Transit stations and terminals; (t) Vehicle and equipment storage (see Section 9-6.183); (u) Warehousing; (v) Auto dealers (new and used) and supplies (see Section 9-6.163). SECTION 4. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 4, 2005, resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would amend the zoning ordinance text as follows: 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: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Bob Kelley Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- ZCH - Zone Change\ZC 04\ZCH 2004-0094 Commercial zones text amendment\ZCH 2004-0094.PC-SR.kg.doc