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HomeMy WebLinkAboutPC_2016-09-06_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, September 6, 2016 – 7:00 P.M. City Hall Council Chambers, 4th floor 6500 Palma Avenue Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jan Wolff Vice Chairperson Duane Anderson Commissioner David Bentz Commissioner Mark Dariz Commissioner Jerel Seay Commissioner Charles Bourbeau Commissioner Dennis Schmidt APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) PLANNING COMMISSION BUSINESS CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF DRAFT ACTION MINUTES OF AUGUST 16, 2016 City of Atascadero Planning Commission Agenda Regular Meeting, September 6, 2016 Page 2 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited t o provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. PLN 2016-1607, CONDITIONAL USE PERMIT FOR 7525 GABARDA ROAD Property Owner: Douglas and Heidi Fapp, 7525 Gabarda Rd., Atascadero, CA 93422 Representative: Ryan Tannehill, PO Box 4750, Paso Robles, CA 93447 Project Title: PLN 2016-1607 / CUP 2016-0300 Project Location: 7525 Gabarda Rd., Atascadero, CA 93422 ( San Luis Obispo County) APN 028-411-007 Project Description: The application is for a conditional use permit to allow the construction o f a garage/barn structure that is larger than 50% of the size of the primary structure. The proposed accessory structure is a 988 square -foot metal building with a maximum height of 17 feet and 10 inches. It will be placed in the rear of the property at the northeast corner. General Plan Designation: Suburban Estate (SE) Zoning District: Residential Suburban (RS) City Staff: Katie Banister, Assistant Planner, kbanister@atascadero.org, Phone: 470-3480 Proposed Environmental Determination: The project qualifies for a Class 3 exemption from the California Environmental Quality Act (CEQA): New construction or conversion of small structures (Section 15303) for the construction of accessory structures including garages. Staff Recommendation: The Planning Commission adopt Resolution PC 2016-A approving Conditional Use Permit 2016-0300 allowing a 988 square-foot detached accessory structure based on findings and subject to conditions of approval. City of Atascadero Planning Commission Agenda Regular Meeting, September 6, 2016 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website PUBLIC HEARINGS (CONTINUED) DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communic ation. (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 wil l be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed , and the Commission will discuss the item and take appropriate action(s).) 3. PLN 2016-1608, SIGN ORDINANCE UPDATES COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on September 20, 2016 at City Hall Council Chambers, 6500 Palma 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. Applicant: City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422 Project Title: PLN 2016-1608 / ZCH 2016-0182 Project Location: Citywide Project Description: The proposed project consists of repealing Chapter 15 of Title 9, of the Atascadero Municipal Code (Signs) and replacing with a new Chapter 15, Signage. This Chapter is commonly known as the “Sign Ordinance.” City Staff: Alfredo Castillo, Associate Planner, acastillo@atascadero.org, Phone: 470-3436 Proposed Environmental Determination: The project is exempt from CEQA based on Section 15061.(3) “General Rule” since CEQA applies only to projects which have the potential for causing a significant effect on the environment. Staff Recommendation: The Planning Commission adopt PC Resolution 2016-A recommending to the City Council amendments to Title 9 of the Atascadero Municipal Code, Zoning Ordinance repealing of Chapter 15 (Sign Ordinance) to be replaced with a revised and amended Chapter 15 – Signs. City of Atascadero Planning Commission Agenda Regular Meeting, September 6, 2016 Page 4 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday o f each month at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. 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 Comm unity Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone intere sted to address the Commission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. PC Draft Action Minutes of 8/16/16 Page 1 of 4 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, August 16, 2016 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:01 p.m. Vice Chairperson Anderson called the meeting to order at 7:00 p.m. and Commissioner Seay led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Dariz, Bourbeau, Seay, Schmidt and Vice Chairperson Anderson Absent: Chairperson Wolff (excused absence) Others Present: Recording Secretary, Stefanie Farmer Staff Present: Community Development Director, Phil Dunsmore Associate Planner, Alfredo Castillo APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Dariz to approve the Agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None Vice Chairperson Anderson closed the Public Comment period. PLANNING COMMISSION BUSINESS None ITEM NUMBER: 1 DATE: 9-6-16 1 PC Draft Action Minutes of 8/16/16 Page 2 of 4 CONSENT CALENDAR 1. APPROVAL OF DRAFT ACTION MINUTES OF JULY 19, 2016 2. PLN 2007-1245, DEL RIO ROAD COMMERCIAL AREA SPECIFIC PLAN – VTPM Time Extension MOTION: By Commissioner Dariz and seconded by Commissioner Bentz to approve the consent calendar. Motion passed 6:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None Property Owner/Applicant: Walmart Stores Inc., 2001 S.E. 10th Street, Bentonville, AR 72716-0550 Project Title: Del Rio Road Commercial Area Specific Plan – Vesting Tentative Parcel Map Extension Project Location: 2055 El Camino Real, Atascadero, CA 93422 APN 049-112-002, 018, 019, 022, 036, 039, 049-151-005, 036, 037, 040, 041 (San Luis Obispo County) Project Description: One (1) year time extension of Vesting Tentative Parcel Map 2009 -0095 (AT 09-0073) for the creation of four (4) parcels, consistent with the Del Rio Road Commercial Area Specific Plan (SP-2) City Staff: Alfredo Castillo, Associate Planner, acastillo@atascadero.org, Phone: 470-3436 Staff Recommendation: Staff recommends the Planning Commission adopt PC Resolution 2016 -A approving a one (1) year time extension of Vesting Tentative Parcel Map, extending vesting tentative map entitlements for an additional year. Tentative Parcel Map would expire July 12, 2017. Proposed Environmental Determination: The project is consistent with the adopted EIR and mitigation monitoring program for the Del Rio Road Commercial Area Specific Plan (SCH #2010051034). 2 PC Draft Action Minutes of 8/16/16 Page 3 of 4 PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing, Planning Commission Members must disclose any communications they have had on any quasi- judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be inv ited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and th e Commission will discuss the item and take appropriate action(s).) 3. PLN 2016-1594, AMENDING LAND USE DEFINITIONS (CITYWIDE) EX PARTE COMMUNICATIONS: Commissioner Bourbeau asked questions to Associate Planner Castillo over the phone. Community Development Director Dunsmore gave a brief overview on the item, and stated that staff will eventually publish a color zoning handbook. Associate Planner Castillo gave the staff report and answered questions from the Commission. PUBLIC COMMENT None Vice Chairperson Anderson closed the Public Comment period. Applicant: City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422 Project Title: PLN 2016-1594 / ZCH 2016-0181 Project Location: Citywide Atascadero, CA 93422 (San Luis Obispo County) Project Description: The proposed project consists of amendments to Article 1 and repealing Articles 2 through 21 and Article 29 of Chapter 3, Title 9 of the Atascadero Municipal Code and replacing these sections with Articles 2 through 5. The intent of the amendment is to reorganize the Zoning Ordinance for increased legibility while accommodating the revised land use definitions. Staff Recommendation: The Planning Commission adopt PC Resolution 2016-A recommending to the City Council amendments to Title 9 of the Atascadero Municipal Code, Zoning Ordinance, amendments to Article 1 and repealing of Articles 2 through 21 and Article 29 to be replaced with the following section:  Article 2 – Agriculture & Residential Zoning Districts;  Article 3 – Non-Residential Zoning Districts;  Article 4 – Public Zoning Districts;  Article 5 – Land Use Definitions;  Articles 6 through 22 – Reserved  Article 29 – Reserved. Proposed Environmental Determination: The project is exempt from CEQA based on Section 15061.(3) “General Rule” since CEQA applies only to projects which have the potential for causing a significant effect on the environment. 3 PC Draft Action Minutes of 8/16/16 Page 4 of 4 Commissioner Schmidt recommended that when the presentation is made to Council in the future, it is made the same way, but the zoning handbook should be kept separately from that discussion completely. Commissioners were pleased with the changes and agreed that this simplified document makes items easy to interpret for staff and the public. MOTION: By Commissioner Bentz and seconded by Commissioner Dariz that the Planning Commission adopt PC Resolution 2016-A recommending that the City Council introduce an ordinance for first reading, by title only, to approve PLN 2016-1594 based on findings. Motion passed 6:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt talked about the consent calendar, and stated that this item could have been pulled if the Commission wanted to pull it . Commissioner Bentz also responded to the question about consent calendar. DIRECTORS REPORT Community Development Director Dunsmore updated the Commission on the Walmart time extension and announced that the next Planning Commission hearing is scheduled for September 6, 2016, and the Commission will hear the sign regulations. ADJOURNMENT – 8:34 p.m. The next regular meeting of the Planning Commission is scheduled for September 6, 2016, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Stefanie Farmer, Planning Intern 4 Atascadero Planning Commission Staff Report - Community Development Department Stefanie Farmer, Planning Intern, 470-3466, sfarmer@atascadero.org Katie Banister, Assistant Planner, 470-3480, kbanister@atascadero.org PLN 2016-1607 / CUP 2016-0300 Oversized Accessory Structure 7525 Gabarda Road (Fapp) SUBJECT: The project is a detached accessory structure in excess of fifty percent (50%) of the gross floor area of the primary residence in the Residential Suburban (RS) zoning district. RECOMMENDATION: Staff Recommends: The Planning Commission (PC) adopt Resolution PC 2016-A approving Conditional Use Permit (CUP) 2016-0300 allowing a 988 square-foot detached accessory structure based on findings and subject to conditions of approval. DISCUSSION: Situation & Facts 1. Applicant & Owner: Douglas & Heidi Fapp, 7525 Gabarda Road, Atascadero, CA 93422 2. Project Address: 7525 Gabarda Road, Atascadero, CA 93422 APN 028-411-007 3. General Plan Designation: Suburban Estate (SE) 4. Zoning District: Residential Suburban (RS) 5. Site Area: 0.91 acres 6. Existing Use: Single-Family residence ITEM NUMBER: 2 DATE: 9-6-16 5 7. Environmental Status: Section 15303 Categorical Exemption: New Construction or Conversion of Small Structures Background The site is located near Curbaril Avenue on Gabarda Road to the east of the railroad tracks. The property is less than one acre in the Residential Suburban zone and is a relatively flat lot. Location and Zoning Surrounding Land Use and Setting: North: Residential Suburban (RS) South: Wastewater Facility Residential Suburban (RS) East: Residential Suburban (RS) West: Railroad & Curbaril Ave Residential Single-Family (RSF-Y) The 1,324 square-foot residence with an attached 428 square -foot garage (1752 total square feet) was constructed in 1998. The applicant intends to place a detached steel Project Site 7525 Gabarda Road Jim Green Trail Stadium Park Curbaril Ave RS District El Camino Real Wastewater Facility RSF-Y District 6 building at the rear of the property. The applicant plans to plant a small orchard on the property. The steel building will be used to store agricultural supplies needed for the orchard, along with hay and feed for goats and chickens, and a recreational vehicle. Aerial Photograph ANALYSIS: Residential Accessory Use Atascadero Municipal Code (AMC) Section 9-6.106 limits residential properties to two detached accessory structures requiring building permits. These structures can be as large as 50% of the size of the primary residence. Deviation from these standards requires a minor Conditional Use Permit (CUP). The floor area of the proposed 988 square-foot structure is approximately 56% of the size of the primary residence. Without a CUP, the maximum size for a detached accessory structure on this property would be 876 square feet of floor area. The structure is defined as a workshop or garage by AMC Section 9-5.020, and is categorized as an unconditioned, utility (U) occupancy space. There are currently multiple temporary storage structures located in the back of the property near the proposed barn. The structures are metal poles with cloth material Project Site 7525 Gabarda Rd Proposed location of new accessory structure 7 covers. The applicant intends to remove the existing temporary accessory structures when the new structure replaces them. Native Trees There are two native trees located on the south-eastern side of the proposed structure, which may be impacted by development of this site. All proposed construction activities are outside the dripline of these trees and tree protection fencing will be installed to prevent as much disturbance as possible. No native tree removals are proposed. Driveway Fire Department standards require a driveway to the accessory structure. The driveway must be at least 12 feet wide and have an all -weather surface. In addition, a Fire Department turnaround on an all-weather surface must be located in proximity to the structure. Neighborhood Compatibility The proposed accessory structure will be located at the rear of the property; there will be little to no visibility from public streets. The proposed structure is approximately 18 feet in height at the peak of the roofline, and will be visible from neighboring residences. Front of property with dirt road access Proposed structure The proposed metal building is designed with materials similar to other accessory buildings in the neighborhood and has a neutral color scheme. Neighboring properties are close to or over one acre in size and have an overall characteristic of containing at least one accessory structure and a variety of farm animals. Photographs of neighboring accessory buildings are included below: Northern neighboring property Eastern neighboring property 8 Southern neighboring property ENVIRONMENTAL DETERMINATION: The project qualifies for a Categorical Exemption under CEQA Sec tion 15303, New Construction or Conversion of Small Structures, specifically the construction of accessory structures including garages. CONCLUSION: The applicant is proposing a detached accessory structure with a gross floor area in excess of 50% of the gross floor area of the primary structure. The proposed design and placement of the structure is generally consistent with the character of the neighborhood. ALTERNATIVES: 1. The Commission may include modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission must specify the reasons for denial of the project and make an associated finding with such action. ATTACHMENTS: Attachment 1: Site Photographs Attachment 2: Applicant Statement of Justification Attachment 3: Draft Resolution PC 2016-A 9 ATTACHMENT 1: Site Photographs PLN 2016-1607 / CUP 2016-0300 Primary Residence Existing Driveway Access Way Through Property Northern Property Line Facing Back Towards House (Southwest) Northwest Property Line Eastern Property Line Proposed Accessory Structure Structure to be removed Structures to be removed 10 ATTACHMENT 2: Applicant’s Statement of Justification PLN 2016-1607 / CUP 2016-0300 11 ATTACHMENT 3: Draft Resolution PC 2016-A PLN 2016-1607 / CUP 2016-0300 DRAFT RESOLUTION PC 2016-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2016-0300 (PLN 2016-1607) ALLOWING A DETACHED ACCESSORY STRUCTURE WHICH EXCEEDS FIFTY PERCENT OF THE SIZE OF THE PRIMARY RESIDENCE 7525 GABARDA ROAD / APN 028-411-007 (FAPP) WHEREAS, an application has been received from Douglas and Heidi Fapp (7525 Gabarda Road, Atascadero, CA 93422), Applicant and Owner, to consider a Conditional Use Permit (CUP 2016-0300) to allow a 988 square foot detached accessory structure, which is larger than 50% of the gross floor area of the principal structure; and, WHEREAS, the site’s General Plan designation is Suburban Estate (SE); and, WHEREAS, the site’s zoning is Residential Suburban (RS); and, WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA Section 15303: New construction or conversion of small structures; 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 Minor Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on September 6, 2016, studied and considered the Conditional Use Permit 2016-0300; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 12 1. The proposed project has been found Categorically Exempt under Class 3, Section 15303, New construction or conversion of small structures, of the California Environmental Quality Act. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed use is consistent with the General Plan; and Detached accessory structures are consistent with the Suburban Estates designation of the General Plan. The size, use and appearance, are compatible with the surrounding neighborhood as required by Land Use, Open Space and Conservation Element Program 1.1.6. 2. The proposed project satisfies all applicable provisions of the Title (Zoning Ordinance), and As proposed, the project will meet the property’s setback, height and other site design requirements. The use of the structure will be limited to uses permitted by the Zoning Ordinance. The project, with Planning Commission approval of the CUP for a size exception, satisfies all applicable provisions of the zoning ordinance related to residential accessory structures. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and The storage of a recreational vehicle, feed for animals, and agricultural supplies are typical of residential suburban neighborhoods. The structure will be constructed to meet the standards of the building code. 4. That the proposed project will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and The structure will be located at the rear of the property and the neighborhood contains other similar accessory buildings. The proposed use of the structure is compatible with the neighborhood. 5. That the proposed project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element; and The addition of a residential workshop/garage will not contribute additional traffic in the neighborhood. 6. That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. 13 Consistent with City policy, the accessory structure may not be used as an additional residential unit. Detached accessory structures are permitted in the residential districts. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session, assembled on September 6, 2016 resolved to approve Conditional Use Permit 2016-0300 subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Floor Plan EXHIBIT E: Elevations On motion by Commissioner_____________, and seconded by Commissioner_______________ the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jan Wolff Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 14 EXHIBIT A: Notice of Exemption PLN 2016-1607 / CUP 2016-0300 15 EXHIBIT B: Conditions of Approval PLN 2016-1607 / CUP 2016-0300 Conditions of Approval PLN 2016-1607 / CUP 2016-0300 7525 Gabarda Road Detached Accessory Structure Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Services Conditions 1. This Conditional Use Permit shall allow for the construction of a 988 square foot detached accessory structure at 7525 Gabarda Road, described on the attached exhibits and located on APN 028-411-007, regardless of owner. Ongoing PS 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Ongoing PS 3. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. BP PS 4. The Community Development Department shall have the authority to approve minor changes to the project that (1) modify the site plan project by less than 10%, and/or (2) result in a superior site design or appearance. BP PS, CE 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the construction or use of the detached accessory structure. Ongoing PS 6. Architectural elevations shall be consistent with Exhibit D. Exterior building and roof colors shall be neutral color scheme, similar to as shown in attached exhibits FI PS 7. All utilities servicing the accessory structure shall be installed underground. BP PS, BS 8. Building height shall not exceed 20 feet. BP PS, BS 9. The accessory structure shall not be used as a secondary residential unit. The accessory structure shall not have cooking facilities including a kitchen or wet bar. No overnight stays are permitted. Ongoing PS 10. Existing temporary accessory structures on the property shall be removed. FI PS 16 Conditions of Approval PLN 2016-1607 / CUP 2016-0300 7525 Gabarda Road Detached Accessory Structure Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Building Services Conditions 11. A building permit is required before construction of the accessory structure shall begin. BP BS Public Works Department Conditions 12. A storm water control plan shall be submitted to the City, to be approved by the City Engineer. BP CE 13. Erosion control and dust control shall be in place at all times during ground disturbing activities. Said control measures shall remain in place until 70% or more of the disturbed surfaces show signs of re - vegetation, to the satisfaction of the City Engineer. If hydro -seeding is used on-site, the seed mixture shall be comprised of a mix of native grass and plant species, to be approved by the Community Development Director and City Engineer. BP CE Fire Department Conditions 14. The detached accessory structure shall comply with all Fire Department standards and requirements including driveway length, width, surface and slope, dry line and fire truck turnaround. BP FD 15. A Knox Box to allow Fire Department access shall be required if a locking gate is installed over the driveway. BP FD 16. The driveway to the accessory structure shall be at least 12 feet wide and given an all-weather surface (gravel road base 4-6 inches thick) or as approved by the Fire Department. BP FD, PS 17. The Fire Department turnaround shall be given an all-weather surface (gravel road base 4-6 inches thick) with a cross-slope not to exceed XX %. BP FD 17 EXHIBIT C: Site Plan PLN 2016-1607 / CUP 2016-0300 Proposed oversized accessory structure Existing residence Fire turnaround Existing all- weather surface driveway Existing temporary structures to be removed Tree protection fencing 18 EXHIBIT D: Conceptual Floor Plan PLN 2016-1607 / CUP 2016-0300 26 feet 38 feet 19 EXHIBIT E: Elevations PLN 2016-1607 / CUP 2016-0300 10 feet 17 feet & 10 inches 20 ITEM: 3 DATE: 9-6-16 Atascadero Planning Commission Staff Report - Community Development Department Phil Dunsmore, AICP, Community Development Director, 470-3488, pdunsmore@atascadero.org Alfredo R. Castillo, AICP, Associate Planner, 470-3436, acastillo@atascadero.org Title 9 Planning and Zoning Text Amendments – Sign Ordinance PLN 2016-1608 (City of Atascadero) SUBJECT: This action consists of proposed Zoning Ordinance Text Amendments to the City’s Sign Ordinance, contained in Title 9 Planning and Zoning, based on feedback received from the City Council, business owners, and sign companies. RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution PC 2016-A, recommending that the City Council introduce an ordinance for first reading, by title only, to approve PLN 2016-1608 based on findings. SITUATION AND FACTS: 1. Applicant: City of Atascadero, 6500 Palma Ave. Atascadero, CA 93422 2. General Plan Designation: Citywide 3. Zoning District: Citywide 4. Environmental Status: Exempt from CEQA (Section 15061.(3)(b). No significant environmental impact. 21 ITEM: 3 DATE: 9-6-16 DISCUSSION: Background: As part of the City Council’s 2014 Strategic Planning process, the Council discussed the appearance of the City’s commercial district along El Camino Real and Morro Road. At the February 11, 2014 City Council meeting, the Council agreed that the appearance of the commercial district along El Camino Real needs to be im proved and that temporary and unpermitted signs were a concern. In the fall of 2014, the City along with the Chamber of Commerce completed a business walk and business appearance outreach meeting. At the January 2015 meeting, City Council members express ed a desire that staff plan for “consultation and education” of local businesses in this effort. Based on the feedback and comments from the City Council, staff devised an approach that mirrored the successful business walk efforts. The following strategies were developed that reflected this consultation and education approach that the City Council had mentioned in their comments:  Creating a positive business friendly approach and branding signage clean -up as “Improve Atascadero Signage Campaign” and create an easy to use webpage to disseminate information;  City staff provide outreach with local media to discuss the signage campaign and help promote signage clean-up of the corridor;  Rather than mail out notices, City staff would walk the City’s business corridor and hand out letters, listen to business owners, and help discuss the signage ordinance;  Create easy to use handouts that both City staff and the Chamber of Commerce can provide to existing and future business owners;  Track and log business that had sign violations and follow-up with additional business visits or phone calls;  Provide a signage symposium in conjunction with the Atascadero Chamber of Commerce to discuss City signage regulations and ways businesses can promote themselves;  Commend businesses that have come into compliance by providing them recognition through a certificate and recognition on the City’s website. As the campaign rolled out, City staff visited businesses over a two week span. Initial follow-up visits have been ongoing since the campaign began in spring of 2015. Business visits and subsequent follow-ups have been time consuming, yet yielded positive results as the amount of temporary signage such as banner signs, a -frame signs, feather flags, and other illegal signage has been reduced substantially. 22 ITEM: 3 DATE: 9-6-16 Staff continues to outreach to businesses in regards to signage. On July 1 , 2016, staff visited over 30 businesses and asked for the removal of approximately 35 temporary signs that were found to be inconsistent with the City’s Sign regulations. The site visits utilized a positive approach in an attempt to assist businesses with better signage while helping them understand the Citywide goal of a professional image. Evolution of the Sign Ordinance Amendments Staff has created a draft Sign Ordinance based what we have learned from the sign campaign and on feedback from the following sources:  Staff input in regards to managing the Sign Ordinance based on customer inquiries and use of the code;  Updates based on recent case law (Sign Content –Attachment 1)  Business Owner feedback in regards to the lack of understanding of the City ’s Sign Ordinance and limitations of the Sign Ordinance to properly advertise business locations;  Signage Company feedback on proposed regulations and ways to modify the Ordinance to allow for additional signage types;  Input from the Chamber of Commerce in regards to continuing a partnership with the City in providing information on signage, lower fees, and overall cooperative spirit in ensuring business owner success in Atascadero. Analysis: 1. Organization The most significant change to the proposed ordinance is the reorganization of the City’s Sign Ordinance. The current Ordinance structure is inefficient in its format. This has made for an Ordinance that is difficult for staff and applicants to mine for information and added to the business community’s comment that the Ordinance is “too difficult to understand.” The graphic below illustrates the existing table of contents of the Sign Ordinance and the need for reorganization. 23 ITEM: 3 DATE: 9-6-16 Existing Ordinance Content List Proposed Sign Ordinance Content List Definitions should be placed in the rear. Text heavy & hard to determine when and where a sign is allowed Deals with non- commercial signage, however unclear as written Required sign permit materials should be placed up front Moved definitions to end Clear and concise clause sections to reflect new case law Placed all types of signs in easy to use tables Clearly identified signage that is prohibited in the City Permit requirements now placed at the beginning of ordinance Clearly identify signage that is exempt from permits Permit exempt signs & prohibited signs are buried in text 24 ITEM: 3 DATE: 9-6-16 2. Revisions to Exempt Signage The exempt sign section has been revised to be content neutral, consistent with the 2015 Supreme Court Case Reed v. Town of Gilbert (Attachment 1). Sign descriptions that have been revised include: Existing Content Based Signage Type Proposed Content-Neutral Type Sign Example Agriculture Signs Signs in Agriculture Zones Construction Signs Signs on properties under construction Holiday Signs Decorations Real Estate Signs Temporary For Sale Signs Election Signs Non-Commercial Signage Additional exempt signage (signs not requiring a permit) have been added to allow for additional sign options. In most cases, these permit exempt signage contain criteria that must be followed in order to be permit exempt. 25 ITEM: 3 DATE: 9-6-16 Proposed New Exempt Signage Type Brief Description Sign Example Projected Image Sign Images, generated by an electronic device that projects text, graphics, etc for a temporary amount of time. Temporary Non- Commercial Sign Signs that display a non- commercial message, for a temporary duration of time Perforated Window Film A type of window graphic used by businesses to attract customers Art & Murals Non-Commercial messages that are painted on walls or facades, however an AUP is required prior to installation. The AUP is fee exempt. 3. Clarification of Prohibited Sign Types Staff is proposing additional signs that are to be prohibited within the City. The additional signs that proposed to be prohibited are not consistent with the established intent of the City’s Sign Ordinance The intent is codified as follows: 26 ITEM: 3 DATE: 9-6-16 Intent of the City’s Sign Ordinance The intent is not proposed to be modified and staff has reviewed the following signs and determined, with input from the Chamber and signage companies, the following signs are to be prohibited: Signage Types Proposed to Be Prohibited Example Digital Display / LED Messaging New Wall mounted cabinet signs Feather Flag 27 ITEM: 3 DATE: 9-6-16 4. Additional Sign Options Added Based on feedback received from business owners, sign companies, and experience in the field through business visits, staff is proposing additional sign types be codified and allowed within the City. The following are additional signage options that will b e allowed in the City: Signage on City Right-of-Way Proposed New Signage Special Requirements Example Private Light Pole Sign  May be utilized for temporary banner or signage  Does not count towards total aggregate sign area.  Light Pole required to be on private property.  A maximum of two (2) signs per pole.  Signage on poles need to be placed within decorative frames or brackets. Multi-Tenant Freestanding  Two (2) or more tenants required.  Minimum base height four (4) feet for visibility.  Base will not count towards sign face.  Bases to be located in a landscape planter. Grounded Monument Signs  Minimum base height of one (1) foot for visibility.  Base does not count towards sign area.  Base to have decorative hardscaping and architecture of the building(s) it serves.  Bases shall be located in a landscape planter.  Allow in the Downtown Zones 28 ITEM: 3 DATE: 9-6-16 5. Increasing allowable signage on properties As a part of the analysis of the City’s Sign Ordinance and feedback received, it became clear that the current Ordinance is too restrictive in terms of signage and arbitrary for some of the signage types. Staff is proposing the following overall amendments to the Sign Ordinance.  Increase the overall aggregate sign area for non-residential zones, except for the Downtown to 150 square feet (sf);  Allow additional signage types in the non -residential zones such as awning signs, building name signs, and tenant directional signs;  Allowed the ability for monument signage in the Downtown zones ;  Increase the amount of wall signage permitted based on building frontage versus 20 sf in the Downtown and 40 sf in non-residential zones. 6. Substitution / Severability Clause As a part of ensuring content neutrality, as well as ensuring the City has a Signage Ordinance in place due to any future case law, staff is recommending inclusion of two clauses. The first is what is known as a substitution clause. The substitution clause ensures that all allowed types of signs that are permitted in any zone, can be changed out with a non-commercial message, as long as it meets the requirements of said sign. The following is an example of the substitution clause: Subdivision Identification  Allowed in developments of five (5) units or more.  Establish min. Base heights.  towards sign face area.  Bases to be located in a landscape planter and on private property.  Signs shall front on either an designated arterial or collector road.  Meets monument sign min. 10 sf;  Can be used interchangeably with other business  Can carry a non-commercial message 29 ITEM: 3 DATE: 9-6-16 The clause is the City’s “first line of defense” to ensure content neutrality, or simply, the regulation of time, place, manner versus any content. The clause language is proposed as follows: 9-15.016 Substitution Clause Notwithstanding any provision of this section to the contrary, the extent that this section allows a sign containing a commercial message, a non-commercial signage shall be allowed to the same extent. The non-commercial message may occupy the entire sign area or any portion thereof, and may substitute or be combined with the commercial message. The sign message may be changed from commercial to non-commercial message to another, as frequently as desired by the sign’s owner, provided that the sign is not prohibited and the sign continues to comply with all requirements of this section. The 2nd clause to be included is the severability clause. Currently, the City’s Sign Ordinance does not have such a clause. As it stands, it is conceivable that the current ordinance could be challenged and deemed invalid, due to its current content based regulations that make it inconsistent with recent court rulings. Staff is proposing to codify a severability clause to ensure that the code remains in place, while the portion of the code that is deemed invalid would no longer be enforced. The following is the proposed language: 9-15.017 Severability Clause If any section, subsection, sentence, clause, or phase of this sign ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this sign ordinance. The City Council of the City of Atascadero hereby declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or phase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phases be declared invalid. Proposed Environmental Determination The California Environmental Quality Act (CEQA) (Section 15061.(3), (b)) exempts activities which are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed text amendment will not have any significant adverse environmental impacts associated with this project application. CONCLUSIONS The proposed amendments to the Sign Ordinance started in summer of 2013 and continued through 2014, a signage campaign in 2015, and finally ordinance revisions. The proposed ordinance revisions have not been created in a vacuum, but rather represented over a year and half of outreach with our Chamber of Commerce, local 30 ITEM: 3 DATE: 9-6-16 businesses, and sign companies. The results of the “Improve Atascadero Signage” campaign are evident throughout the El Camino Real corridor and other areas. The proposed Sign Ordinance revisions are a reflection of balance that needed to be completed in the Sign Ordinance and allow for better solutions for our existing and future businesses. ALTERNATIVES 1. The Commission may recommend modifications of the text amendments to the City Council. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny some or all of the proposed text amendments. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. ATTACHMENTS: Attachment 1: Reed v. Town of Gilbert – Lisa Wise Handout Attachment 2: Draft Resolution 2016-A 31 ITEM: 3 DATE: 9-6-16 ATTACHMENT 1: Reed v. Town of Gilbert – Lisa Wise Handout 32 ITEM: 3 DATE: 9-6-16 ATTACHMENT 2: Draft Resolution PC 2016-A DRAFT RESOLUTION PC 2016-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE ATASCADERO MUNICIPAL CODE BY APPROVING PLN 2016-1608/ZCH 2013-0169 TITLE 9 ZONING ORDINANCE CODE TEXT AMENDMENTS (Citywide/City of Atascadero) WHEREAS, an application has been received from the City of Atascadero (6500 Palma Ave., Atascadero, CA 93422), to consider Zone Change Text Amendments to Title 9, Chapter 15 that includes repeal and replace of Chapter 15, known as the Sign Ordinance; and WHEREAS, a Notice of Exemption was prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact these amendments to Title 9 Planning and Zoning of the Municipal Code; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and Zoning Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and Zoning Text Amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on August 16, 2016, studied and considered PLN 2016-1608; and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Text Change. The Planning Commission finds as follows: 33 ITEM: 3 DATE: 9-6-16 1. The Planning and Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The Text Change will not, in itself, result in significant environmental impacts. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 6, 2016, resolved to recommend that the City Council introduce for first reading by title only, an Ordinance that would amend the City Planning and Zoning Code Text with the following: EXHIBIT A: Categorical Exemption EXHIBIT B: Zone Text Change – Chapter 15 – Signs 34 ITEM: 3 DATE: 9-6-16 On motion by Commissioner ____________, and seconded by Commissioner ______________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jan Wolff Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary T:\- 16 PLNs\PLN 2016-1608 Sign Ordinance\Planning Commission\PLN 2016-1608SR.PC.ac.docx 35 ITEM: 3 DATE: 9-6-16 EXHIBIT A: Categorical Exemption PLN 2013-1462 / ZCH 2013-0168 Title 9 Zoning Ordinance Text Amendments 36 ITEM: 3 DATE: 9-6-16 EXHIBIT B: Zone Text Change – Title 9 Zoning Ordinance PLN 2016-1608 – Sign Ordinance Revisions Chapter 15 SIGNS Sections: 9-15.001 Title and intent. 9-15.002 DefinitionsIntent. 9-15.003 Applicability. 9-15.004 Sign Exempt Signsdesign standards. 9-15.005 Allowed signs.Sign Permits Required 9-15.006 Exceptions to sign standards. 9-15.007006 Sign construction standards.Prohibited Signs 9-15.008007 Sign maintenance.Allowed Signs By Zone 9-15.009008 Sign permit application package.Types of Signs & Standards 9-15.010009 Legal nonconforming signs.Freeway Signs 9-15.010 Sign Materials, Design & Calculations 9-15.011 Code enforcement.Design Exceptions 9-15.012.1 Private placement on right-of-way.Sign Maintenance and Abandoned Signs 9-15.012.2 Sign area. 9-15.012.3 Height. 9-15.012.4 Posting on structures. 9-15.013 Private placement.Non-Conforming Signs 9-15.014 Code Enforcement 9-15.015 Signs on City Property 9-15.016 Substitution Clause 9-15.017 Severability Clause 9-15.018 Definitions 9-15.001 Title and intent. This chapter shall be known and cited as the Sign Ordinance of the City of Atascadero. This chapter is based on the City’s responsibility to protect the general public’s health, safety and welfare. The spirit of this chapter is based on the City’s desire to protect the economy and aesthetics of the community. The City finds that it is in the interest of both aesthetics and traffic safety that sign information be kept to a minimum. 9-15.002 Intent The purpose of this chapter is to establish sign regulations that are intended to: (a) Maintain and improve the aesthetic environment and overall community appearance to foster the City’s ability to attract sources of economic development and growth; (b) Encourage the effective use of signs as a means of communication in the City and reduce possible traffic and safety hazards from confusing or distracting signs; 37 ITEM: 3 DATE: 9-6-16 (c) Implement quality sign design standards that are consistent with the City’s General Plan, Zoning Ordinance and Appearance Review Guidelines; (d) Enable fair and consistent enforcement of these sign regulations; (e) Minimize possible adverse impacts of signs on private and public property in order to maintain property values and to maintain a positive City image; (f) Enhance traffic safety by ensuring that signage does not distract, obstruct or otherwise impede traffic circulation and to safeguard and preserve the health, property, and public welfare of Atascadero residents through prohibiting, regulating, and controlling the density, location, and maintenance of signs.; (g) Permit noncommercial signage wherever other signage is permitted within Chapter 9-15 subject to the same standards and total maximum allowances for a site of each sign type specified in this chapter. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.003 Applicability. (a) General. (1a) The provisions of this chapter are applicable to all signs constructed or altered after the effective date of the ordinance codified in this chapterof the ordinance codifying this chapter. (2b) Nonconforming signs shall be revised to conform to the provisions of this chapter where an entitlement for construction other than minor additions or interior alterations is occurring or where a change of use occurs. (3c) All signs that are not specifically exempted from this chapter are subject to the appearance review guidelines and an approved sign permit. (4) Neon signs visible from the public right-of-way, and change in copy or materials for existing signs requires appearance review by the planning division. (5d) The sign design standards herein are intended to be the maximum standards allowable without an administrative use permit or conditional use permit. 9-15.004 Exempt Signs Types of exempt signage. The following sign types are exempt from building permits consistent with the provided standards. Size and placement standards noted below and in subsequent sections must be adhered to in order to qualify as exempt. (a) Signs on Properties Under Construction. With an aggregate area of forty (40) square feet, attached to a fence or construction related structure, not exceeding eight (8) feet in height, and made of a lightweight material such as vinyl. One (1) sign per street frontage. (b) Directory Signs. Wall mounted for pedestrian use, with an aggregate area of twenty (20) square feet, not exceeding eight (8) feet in heightplaced lower that 65-feet on the wall surface. (c) Non-illuminated Decorations. Special event decorations, may be in place up to sixty (60) days, except for signage listed in section 9-15.006. (d) Hazard Signs. As long as a hazard exists. (e) Residential Signs and Home Occupations. With an aggregate area of fourtwo (42) square feet. 38 ITEM: 3 DATE: 9-6-16 (f) Window Signs and Lettering. Limited to lettering, graphics and perforated window film. Maximum area of ½ of the window, where permitted, per tTable 15.-1 and Table 15.2. With an aggregate area not exceeding four (4) square feet, at public entrancesPosting of signs related to the operation of the business not to exceed (4) square feet (hours, restaurant ratings, etc) are excluded from aggregate sign calculations. not included in this maximum area (g) Official Government Flags. Signs, flags and notices. (i) Window Lettering. Limited to lettering, graphics and perforated window film, per Table 15-1. (jih) Landscaped Signs. Consistent with Section 9-4.127. (kji) Official Safety and Directional Signs. Safety and directional signage that is consistent with the Manual on Uniform Traffic Control Devices, California edition (MUTCD) and shall not interfere with sight distance requirements or path of travel. kOfficial Cityand/or signage /orlM.(nmj) Temporary signage in accordance with Table 15.1 and Table 15.2. (onk) Vehicle Signs. Painted signs, magnetic signs, decals, or logo wrap adhered to a vehicle, unless parked for the primary purpose of displaying the sign, refer to section 9- 15.006(g). 9-15.004005 Sign Sign design standards.Permits Required (a) Except as hereinafter provided, no permanent sign shall be constructed, displayed or altered without an approved sign building permit. Signs are permitted under the various use classifications or locations specified in this chapter. (b) The application requirements, processing, review and approval for a sign permit shall be as set forth in Section 9-15.004 of this chapter..005(d)Where noted in this code, additional Planning Entitlements may be required for signage that does not conform to the specified sign regulations or when noted as required based on signage type or location. (c1) When signs are proposed for a project subject to entitlement approval, a separate sign permitentitlement is not required. The application for entitlement and sign shall include complete information per Section 9-15.009 of this chapterthis section, and any other information determined to be necessary for planning divisioncommunity development department review. (ad) Permit RequirementsApplication. Applications for a sign building permit for the establishment, alteration or relocation of a sign shall be made to the City, and shall include the following items for processing: (1) Sign Application Form. Include the name and business address of the applicant and/or property owner and name and address of agent if applicable, assessor parcel number, legal description, type and number of sign(s), applicant and property owners’ signature and agent’s signature. (2) Site Plan. Showing location of all existing structures on site, and location of . Show location of proposed sign(s) with all distances to structures and property lines noted. . Note distance of monument signs to structures and public right-of-way, if applicable. Show any grading required for monument signs. (3) Elevations. Provide drawings of all building elevations, specifying all dimensions of signs, including lettering, length, height, width and debt of projecting letters if applicable. Provide building elevations showing location of existing and proposed si gns on walls, including dimensions to building structural features such as roof, windows, doors and finished grade. If For 39 ITEM: 3 DATE: 9-6-16 a monument sign, show plan and side views of proposed sign. Also provide all structural support elevations and details. (4) Colors and Materials Board. Provide samples of proposed colors and materials, and/or a color rendering for all signs including rendering of full building elevations for sign program applications. If a master sign program is required, provide colored drawings for proposed signs on building wall elevations. Include manufacturer’s color and materials’ names. (5) Structural Calculations. When applicable, provide all structural specifications and calculations calculations by a licensed architect or civil engineeras required by the Chief Building Official or their designee. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) (a) Agricultural Zone Signage. Unlighted, with an aggregate area of thirty-two (32) square feet. One (1) sign per street frontage. (b) Signage on properties under construction. With an aggregate area of forty (40) square feet, not exceeding eight (8) feet in height. One (1) sign per street frontage. (c) Directory Signs. Wall mounted for pedestrian use, with an aggregate area of twenty (20) square feet, not exceeding eight (8) feet in height. (d) Decorations. Special event decorations, may be in place up to sixty (60) days, except for signage listed in section 9-15.007. (e) Hazard Signs. As long as a hazard exists. (f) Residential Signs and Home Occupations. With an aggregate area of four (4) square feet. (g) Window Signs. With an aggregate area not exceeding four (4) square feet, at public entrances. (h) Official Government Flags. Signs, flags and notices. (i) Window Lettering. Limited to lettering and graphics with an aggregate area not to exceed fifty percent (50%) of the window area. (j) Landscaped Signs. Consistent with Section 9-4.127. (k) Safety and Directional Signs. With an aggregate area not exceeding four (4) square feet. Such signs shall be pedestrian scale. The City has a compelling interest in ensuring traffic and pedestrian safety. To directly advance that interest, such safety and directional signs are allowed (a) Sign Faces Counted. Where a sign has two (2) faces containing sign copy, which are oriented back to back and separated by not more than twenty-four (24) inches at any point, the area of the sign shall be measured using one (1) sign face only. (b) Wall Mounted Letters. Where a sign is composed of letters individually mounted or painted on a building wall, without a border or decorative enclosure, the sign area is that of the smallest area within which all letters and words can be enclosed. (c) Three-Dimensional Signs. Where a sign consists of one (1) or more three- dimensional objects such as balls, cubes, clusters of objects, or sculptural or statute-type trademarks, the sign area shall be measured as the area of the smallest rectangle within which the object(s) can be enclosed, when viewed from a point where the largest area of the object(s) can be seen. (d) Sign Materials and Design. Signs shall utilize materials, colors, and design motifs that are compatible with the architecture and color of the buildings on-site and adjacent properties. (See Appearance Review Guidelines) 40 ITEM: 3 DATE: 9-6-16 (e) Sign Messages. Sign messages shall be limited to the identification of the business or the type of activity conducted on the premises. Sign messages shall use a minimum of graphics, letters, numbers etc., to convey the business at the subject location. (f) Sign Programs. A master sign program must be provided for locations with three (3) or more tenants or businesses. (g) Franchise and Logo Signs. Businesses that are part of a franchise or corporation may not exceed the maximum sign area allowed in their zone including franchise or logo signs. (h) Monument Signs. All monument signs must have either landscaping or decorative hardscaping at their base to soften the appearance and incorporate the signs into their surroundings. (i) Color banding. The installation or painting of high croma color banding on buildings and structures shall be defined as a sign and shall be subject to the same size restrictions as other signs. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) (a) Illumination. Signs shall be indirectly lighted by continuous, stationary, shielded light sources, directed solely at the sign, or internal to it. All light sources for signs are to be shielded so as not to be directly visible from off-site. (1) When located in the Corner Clear Zone, the sign shall not exceed thirty (30) inches in height. (2) Signs shall not obstruct a motorist’s view of pedestrian or vehicular traffic, traffic-control signs, or signals, or otherwise represent a hazard to vehicular or pedestrian traffic. (3) Signs shall not impede a pedestrian’s free use of the sidewalk. (4) Signs shall be securely affixed to the property on which they are placed. (5) Signs may not be posted without the permission of the property owner. (b) Code Standards. All signs established in this City must comply with all current editions of the Uniform Building Code, Uniform Electrical Code, and Uniform Sign Code for anchoring, foundations, windloads, illumination, and design standards. Awning Signs and projecting signs require structural plans to be done by a licensed architect or civil engineer. 9-15.006. Prohibited Signs Prohibited Signs. The Following sign types are prohibited within the City of Atascadero. (a) Off-premises signs that direct attention to a business, service or product not sold or offered on the premises on which the sign is located, including billboards, except as approved through agreement with the Redevelopment Agency and except as noted below for off-site subdivision signage; (b) Abandoned Signs. A sign is considered abandoned where when any of the following is met: (i) For for a period of ninety (90) days or more, there is no sign copy appearing on the sign; (ii) or Wwhere the establishment to which the sign is attached has ceased operation and where it is clear that the sign has been forsaken and desertedis no longer use; (ii) W or where the sign is fifty percent (50%) or more deteriorated, damaged or destroyed to 50% or greater of the replacement value of the structure/sign; (c) Confusing signs that simulate in color or design any traffic sign, or signal, or which makes use of words, symbols, or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic; 41 ITEM: 3 DATE: 9-6-16 (d) Digital display / LED messaging signs including Animatedanimated, moving, flashing, blinking, reflecting, glaring, or revolving, or any other similar sign, except electronic message boards displaying time, temperature, or required prices of gasoline or similar fuels, or the display of noncommercial notices or messages; (e) Roof signs; (f) Snipe signs or any other sign attached to a tree, utility pole, fence post, etc.; (g) Commercial Signs on vehicles when the vehicle is parked for the purpose of displaying said sign and /or directing traffic to a business when any of the following is met: (i) Location. Vehicle(s) is parked off-premise; (ii) Time. Vehicle is parked for a duration of more than two (2) hours within a 24- hour period of time, off-premise. (h) Inflatable signs; (i) Digital display / LED messaging signs; (ji) Wall mounted cabinet signage where the frame or external structure is a box, either in rectangular, square, or similar box like appearance, and the sign face is flat and/or the background is light colored and non-decorative in nature, with little or no articulation and comprised of plastic, or other similar type of material; (kj) Feather flag signage; (lk) Signage, including non-commercial signage that is placed or encroaches into the right-of-way without a valid encroachment permit or prior approval of the City Engineer or their designee for the purpose of safety or traffic control. 9-15.007 Allowed Signs By Zone (a). Permitted Signs by Zones. The following are the signs types that are permitted by zone as shown in Table 15.1. Table 15.1 – Allowed Sign Types Based On Zone Sign Type P Permitted Sign** AUP Administrative Use Permit Required**  (blank) Not Permitted **building permit requirements per section 9-15.005 and 9-15.007** Total Aggregate sign Area (square feet) and may be divided by using one (1) or more sign Types Based on Sign Type Based on Sign Type 150 sf 50 sf 100 sf Ag Zone Residential Zones Non-Residential Zones (CS, CN, CR, CPK, CT, IP, I) Downtown Zones (DC, DO) Public Zones (P, OS, L, LS) 1. A-Frame P P P P 2. Art & Wall Murals AUP AUP AUP AUP AUP 3. Awning P P P P 4. Banner P P P 5. Building Name P P P P P 6. Changeable Copy AUP AUP AUP AUP AUP 7. Freeway Oriented1 AUP 42 ITEM: 3 DATE: 9-6-16 Table 15.1 – Allowed Sign Types Based On Zone Sign Type P Permitted Sign** AUP Administrative Use Permit Required**  (blank) Not Permitted **building permit requirements per section 9-15.005 and 9-15.007** Total Aggregate sign Area (square feet) and may be divided by using one (1) or more sign Types Based on Sign Type Based on Sign Type 150 sf 50 sf 100 sf Ag Zone Residential Zones Non-Residential Zones (CS, CN, CR, CPK, CT, IP, I) Downtown Zones (DC, DO) Public Zones (P, OS, L, LS) 8. Home Occupation P P 9. Information Kiosks 10. Private Light Pole P P P P 11. Monument Sign P P P P 12. Multi-Tenant Freestanding P P 13. Projecting P P P 14. Projected Image P P P P 15. Off-Site Subdivision AUP AUP 16. Neighborhood Identification P 17. Single Tenant Freestanding Sign P P P 18. Suspended P P P P 19. Temporary For-Sale P P P P 20. Temporary Non- Commercial P P P P 21. Tenant Directional P P P P 22. Wall P P P P 23. Window Lettering P P P P Notes: 1 Freeway signs are regulated by section 9-15.009 9-15.008 Types of Signs & Standards (a) Allowed Signs and Standards. The following signs are permitted within the City of Atascadero as shown in Table 15.21 and including size, number of signs, and maximum size standards. Additional standards may be applicable as contained in this chapter. Allowed Signage Types – Table 15.2 Sign Type Permit Required Zones Allowed Max. Sign Area1 Number of sign(s) permitted Max. Height2 Special Requirements 1. A-Frame None All Zoning Districts 10 sf 1 per street 5 ft. (a) Must be located outside of Right- of-way and on business property, 43 ITEM: 3 DATE: 9-6-16 Allowed Signage Types – Table 15.2 Sign Type Permit Required Zones Allowed Max. Sign Area1 Number of sign(s) permitted Max. Height2 Special Requirements except Residential frontage except as allowed by encroachment permit in the East Mall and West Mall parkway area. (b) Minimum height is 3-feet. 2. Art and Murals Yes All Zoning Districts N/A N/A N/A (a) AUP required prior to installation for review limited to size, placement, and duration. 3. Awning Yes All Zoning Districts except Residential 50% of awning face 1 per Business Based on building height (a) Minimum vertical clearance from the ground of eight (8) feet. May project a maximum of five (5) feet into the public right-of-way (b) Maintain a minimum vertical clearance from the ground of eight (8) feet.May project a maximum of five (5) feet into the public right-of-way with approved encroachment permit A projection into the right-of-way requires issuance of an encroachment permit. (c) Shall be securely attached to the buildings and well maintained. (d) No supports or poles may be located in the public right-of-way. (e) Shall complement the building they are attached to. 4. Banner No All Zoning Districts except Ag & Residential 40 sf 1 per Public street frontage N/A (a) May be in place for a maximum of thirty (30) days. (b) All banners must be down a minimum of sixty (60) days before any new banner may go up (c) Banners must be secured flat against a building or secure structure placed in the ground. (d) Nonprofit events shall be exempt from size and number of banners (e.g., farmers market). 5. Building Name Identification Yes All Zoning Districts except Ag & Residential 20 sf 1 per building Based on building height (a) Signage used to identify the building not the tenant(s). 6. Changeable Copy Yes All Zoning Districts l Based on AUP 1 per business 12 ft. (a) AUP required. (b) Size of changeable copy to be determined by the AUP. (c) Design of changeable copy sign shall be determined by AUP. (d) Sign is non-digital. 7. Freeway Oriented Yes N/A* N/A* N/A* *Refer to section 9-15.010 44 ITEM: 3 DATE: 9-6-16 Allowed Signage Types – Table 15.2 Sign Type Permit Required Zones Allowed Max. Sign Area1 Number of sign(s) permitted Max. Height2 Special Requirements 8. Home Occupation No All Ag & Residential Zones 42 sf 1 per homeresid ential unit 4 ft (a) Requires issuance of a valid business license prior to placement. (b) Signage is permitted as a part of a residential occupancy in a mixed-use development. 9. Information Kiosks Yes All Zoning Districts Based on AUP Based on AUP Based on AUP (a) For the permanent and / or temporary display of information. (b) Limited to civic activities, advertising for local events. (c) AUP required. 10. Private Light Pole3 Yes Non- Residential Zones / Public Zones/ Public Zones 6 sf for each pole 25% of the total number of light poles; Based on Light Pole Height (a) A permanent light pole within a parking lot or property may be utilized for temporary banner or signage that does not count towards total aggregate sign area. (b) Eight (8) feet minimum vertical clearance or as required by the California Building Code, whichever is greater. (c) Light Pole located on private property. (d) A maximum of two (2) signs per pole. (e) Temporary sSignage on poles shall be placed within decorative frames or brackets. 11. Monument Sign Yes All Zoning Districts Except Residential 60 sf CN, CP, CR, CS, CT, CPK, IP, I 1 per 200 lineal foot 6 ft. (a) Minimum base height shall be one (1) foot. (b) Maximum base height shall be four (4 feet) (c) Base does not count towards sign face area. (d) Base shall have decorative hardscaping and shall be consistent with the architecture of the building(s) it serves. (e) Bases shall be located in a landscape planter. (f) Cabinet type signs shall be prohibited. (g) Monument signs in DO/DC require a building to be setback a min. of 10-feet from back of walk. (h) Bases shall be located in a landscape planter and setback three (3) feet from the back of sidewalk in the DO/DC zone. 50 sf L,LS,P,OS 40 sf DC, DO, AG 12. Multi-Tenant Freestanding Yes Non- Residential Zones 50 sf + 1 per property 12 ft (a) Two (2) or more tenants required. (b) Minimum base height shall be 45 ITEM: 3 DATE: 9-6-16 Allowed Signage Types – Table 15.2 Sign Type Permit Required Zones Allowed Max. Sign Area1 Number of sign(s) permitted Max. Height2 Special Requirements additional 10 sf per tenant Max. 100 sf four (4) feet. (c) Base does not count towards sign face. (d) Base Articulation. Base shall be consistent with architecture of multi-tenant building. (e) Bases shall be located in a landscape planter and setback five (5) feet from the back of sidewalk. (f) Cabinet monument type shall be prohibited. (g) A singular pole is prohibited. 13. Projecting Yes All Zoning Districts except Ag & Residential 15 sf 1 per business N/A (a) Minimum ground clearance must be eight (8) feet, or as regulated by the California Building Code. (b) May encroach up to five (5) feet within the public right-of-way with issuance of an encroachment permit. 14. Projected Image No* *Electrical permit may be required. All Zoning Districts except Ag l N/A 1 per business / residence N/A (a) Laser lights or projected image signs used to project an image, logo, or other graphic in a building, structure, sidewalk or other surface. (b) Project image signs may be in place a maximum of thirty (30) calendar days and not be utilized for a minimum of sixty (60) days thereafter. (c) Installation of new electrical components shall be consistent with the California Building Code or successor code. (d) Flashing , distracting lights shall not be utilized. 15. Off-Site Subdivision Yes Ag & Residential Zones / Non- Residential Zones w/ AUP 40 sf 3 per subdivision 10 ft. (a) Subdivision tracts of five (5) or more lots may be permitted to install off-site directional advertising signage. (b) Subject to the approval of an AUP. (c) Subdivision shall be located within the City of Atascadero. (d) No flags, banners or other decorations shall be affixed to the sign. (e) The signs shall not be illuminated. (f) All signs shall be located on private property with written permission from the property 46 ITEM: 3 DATE: 9-6-16 Allowed Signage Types – Table 15.2 Sign Type Permit Required Zones Allowed Max. Sign Area1 Number of sign(s) permitted Max. Height2 Special Requirements owner provided to the City. (g) The signs shall be removed prior to final occupancy of the last unit in the tract or after a period of three (3) years whichever is less. (h) The applicant may apply annually for a one (1) year time extension for active construction projects. 16. Neighborhood Identification Yes Residential Zones 36 sf 1 per arterial / collector street frontage 6 ft (a) Residential Single Family / Multi- Family Developments of five (5) units or more. (b) Minimum base height shall be one (1) foot. (c) Maximum base height shall be three (3 feet) (d) Base does not count towards sign face area. (e) Base shall have decorative hardscaping and shall be consistent with the architecture of the building(s) it serves. (f) Bases shall be located in a landscape planter on private property, (g) Cabinet type signs shall be prohibited. (h) Signs shall front on either an designated arterial or collector road. 17. Single Tenant Freestanding Yes All Zoning Districts except Residential 60 sf 1 per property 6 ft (a) Sign face shall be elevated, a minimum of one (1) foot off the ground. (b) Bases shall be located in a landscape planter and setback a minimum of two (2) feet from the back of sidewalk. (c) Cabinet monument type shall be prohibited. (d) A singular pole is prohibited. (e) Signs in DO/DC require a building to be setback a min. of 10-feet from back of walk. 18. Suspended Yes All Zoning Districts except Ag & Residential 15 sf 1 per public street frontage N/A (a) Minimum ground clearance of eight (8) feet or as regulated by the California Building Code or successor code. 47 ITEM: 3 DATE: 9-6-16 Allowed Signage Types – Table 15.2 Sign Type Permit Required Zones Allowed Max. Sign Area1 Number of sign(s) permitted Max. Height2 Special Requirements 19. Temporary For-Sale No All Zoning Districts 6 sf all other lots 1 sign per street frontage; 1 sign per highway frontage 6 ft. (a) Signs must be removed fourteen (14) days after use is no longer requiredclose of sale. 32 sf for lots fronting a highway 20. Temporary Non- Commercial No All Zoning Districts 6 sf for yard sign 1 per property 5 ft (a) A maximum of nine (9) months. (b) Must be removed a minimum of ninety (90) days before any new non-commercial signage may be placed. (c) Prohibited in the public right-of- way. 32 sf freestanding 21. Tenant Directional No All Zoning Districts N/A N/A 5 ft. (a) Does not count against total aggregate sign area. (b) Design shall be consistent with the architectural style and features of the building façade. 22. Wall Yes All Zoning Districts except Residential 40 sf in P, L, LS zones 1 per building face with a public street frontage or parking lot Based on building height (a) May not exceed one (1) square foot per lineal foot of building frontage. (b) For tenants greater than 10,000 square feet in size, an additional one hundred and fifty percent (150%) more sign area may be permitted. (c) Wall signs shall be located below the top of the parapet or roofline on single story buildings and below the second floor sill on multi-story buildings. (d) Painted signs do not require building permits but required planning review. Based on building frontage for all other non- residential zones 23. Window Lettering / Perforated Window Film / Window Graphics No All Zoning Districts except Ag & Residential Not to exceed 1/2 of window area in all other zones * * *See section 9-15.004(f) Not to exceed 1/3 of window area in DC/DO Zone Notes: 1. Maximum Sign Area measured in square feet (sf). 2. Maximum Height measured in feet (ft) and from finished grade for all sign types. 3. Additional Light Pole signage regulations contained in subsection 9-15.0087(b)(2). 48 ITEM: 3 DATE: 9-6-16 (b) Special Sign Types and Criteria. The following are additional signage types defined by the City and criteria required for their uses. (1) Gas Station Canopies. In addition to the signs allowed above, a maximum of twenty (20) square feet of signs, logos and or color banding shall be permitted on no more than two (2) sides of a pump island canopy structure. The remainder of the pump canopy fascia shall be of an architectural treatment consistent with site architecture. (2) Light Pole Signage. The following shall be prohibited to be placed on light poles: (a) Posting of signage or messages above the height of the light pole structure; (b) Digital display message signs; (c) Internally illuminated signage; (d) Changeable copy signage; (e) Faded, torn, or otherwise damaged signage.-elements (13) Banner or Temporary Signs. Constructed from nonpermanent material, (e.g. paper, canvas, vinyl, etc.). (i) Maximum Number and Area. Each business may have one (1) banner sign per public street frontage, with a maximum area of forty (40) square feet. (ii) Limits on Time Displayed. Temporary signs may be in place for a maximum of thirty (30) days. All banners must be down a minimum of sixty (60) days before any new banner may go up. Banners may remain up during the entire permanent sign permit process. (iii) Placement. Banners must be secured flat against a building or secure structure. (iv) Exceptions. Nonprofit events shall be exempt from size and number of banners (e.g., farmers market). (b) Portable Signs and A-frame Signs. (1) One (1) portable sign per street frontage. (2) Maximum size of portable sign is not to exceed two (2) feet wide by five (5) feet tall. Minimum height is three (3) feet tall. (3) Portable and A-frame signs must be located on the business’s property. (1) Time Displayed. Sixty (60) days before and ten (10) days after any official local, state, regional, or national authorized election. Such signage may carry any form of noncommercial message, consistent with this section. (2) Sign Area. The maximum allowable sign area is six (6) square feet per sign for yard signage. A maximum of thirty-two (32) square feet for freestanding signs (8) Off-Site Subdivision Signs. Subdivision tracts of twenty (20) or more lots may be permitted to install off-site directional advertising signage subject to the approval of an administrative use permit subject to the following conditions: (i) The subdivision tract shall be located within the City of Atascadero; (ii) No more than three (3) signs shall be allowed with a maximum height of fifteen (15) feet and sixty (60) square feet of sign area; (iii) No flags, banners or other decorations shall be affixed to the sign; (iv) The signs shall not be illuminated; (v) All signs shall be located on private property with written permission from the property owner provided to the City; (vi) A building permit shall be obtained for the signs; (vii) The signs shall be removed prior to final occupancy of the last unit in the tract or after a period of three (3) years whichever is less. The applicant may apply annually for a one (1) year time extension for active construction projects. 49 ITEM: 3 DATE: 9-6-16 (14) Redevelopment Projects. Any sign program approved and entered into by the Community Redevelopment Agency of Atascadero, so long as the program is otherwise consistent with the General Plan of the City of Atascadero. 9-15.005 Allowed signs. (d) All Zoning Districts. The following signs may be allowed, either by conditional use permit or administrative use permit, as specified, in all zoning districts. (1) Community Identification Sign. Community identification signs may be allowed, by conditional use permit, on arterial streets entering the City with a maximum area of eighty (80) square feet and a maximum height of twelve (12) feet. Such signs may include the name of the City, names of civic or religious organizations, and names and locations of City facilities. Such signs shall not contain the names of businesses of commercial products. (2) Information Kiosks. Kiosks for the permanent and/or temporary display of information including community and civic activities, and advertising for local commercial establishments may be allowed. Approval of the size, location, and maintenance requirements for such kiosks shall be established through administrative use permit. (3) Changeable Copy Sign. Approval of the size, location, purpose, design, and content of changeable copy signs shall be by conditional use permit or administrative use permit as provided in Section 9 -15.003(d)(7). (4) Advertising on Public Transit Facilitiesies. At the discretion of the Community Services Director, advertising signs may be placed on buses and designated bus stop benches used in connection with a public transit program provided by the City of Atascadero. Signs on buses shall be limited to one (1) on each side, neither of which exceeds six (6) square feet. Signs on benches shall be limited to one (1) sign which shall be placed on the back of the bench and which shall not exceed ten (10) inches by thirty-six (36) inches. Additional signs and/or modification signs associated with public transit facilities may be approved through conditional use permit process. (Ord. 499 § 2, 2006; Ord. 400 § 1, 2002; Ord. 376 § 2 (Exh. A), 2000; Ord. 354 § 1, 1998; Ord. 255 § 2, 1992) 9-15.009 Freeway Signs (6) Freeway Signs. In addition to the signs allowed abovein Table 15-1 and Table 15- 2, sitesFreeway oriented signs shall adhere to the below standards. located adjacent to Highway 101 or a Highway 101 frontage road may be authorized, through administrative use permit, approval to use a freeway oriented sign as provided below:Approval of an AUP shall be required for all Freeway oriented signage. (ai) Businesses located on freeway frontage of Highway 101, and that are a restaurant, service station, provide lodging, or are a dealer of new automobiles, may have a pole mounted freeway oriented sign with an area not to exceed one (1) square foot of sign area per lineal foot of freeway oriented building frontage up to one hundred fifty (150) square feet, whichever is less. Pole mounted signs shall not exceed fifty (50) feet in height or the minimum height necessary for effective visibility (see Section 9-15.00611(c)). 50 ITEM: 3 DATE: 9-6-16 (bii) Where the principal use is planned shopping, office or industrial complex with five (5) or more tenants, a building-mounted freeway oriented sign may be allowed with a maximum area not to exceed one (1) square foot for each lineal foot of building frontage up to sixty (60) square feet per principal tenant, whichever is less. (ciii) Where the building area of a single tenant building exceeds ten thousand (10,000) square feet, a building-mounted freeway oriented sign may be allowed with a maximum area not to exceed one (1) square foot for each lineal foot of building frontage up to sixty (60) square feet, whichever is less. (d) Where the building area of a single tenant building is less than ten thousand (10,000) square feet, a building-mounted freeway oriented sign may be allowed with a maximum area of forty (40) square feet with a maximum letter height of fourteen (14) inches. (e) Freeway wall signs shall be constructed of individual three-dimensional letters or logos. Rectangular box or cabinet signs shall not be allowed along the US 101 frontage. Signs may be internally illuminated pan channel letters or externally lit individual letters. 9-15.010 Sign Materials, Design & Calculations (a) Sign Faces Counted. Where a sign has two (2) faces containing sign copy, which are oriented back to back and separated by not more than twenty-four (24) inches at any point, the area of the sign shall be measured using one (1) sign face only. (b) Wall Mounted Letters/Logos. Where a sign is composed of letters individually mounted or painted on a building wall, without a border or decorative enclosure, the sign area is that of the smallest area within which all letters and words can be enclosed. (c) Three-Dimensional Signs. Where a sign consists of one (1) or more three- dimensional objects such as balls, cubes, clusters of objects, or sculptural or statute-type trademarks, the sign area shall be measured as the area of the smallest rectangle within which the object(s) can be enclosed, when viewed from a point where the largest area of the object(s) can be seen. (d) Sign Materials and Design. Signs shall utilize materials, colors, and design motifs that are compatible with the architecture and color of the buildings on-site and adjacent properties. (See Appearance Review Guidelines) (e) Sign Messages. Sign messages shall be limited to the identification of the business or the type of activity conducted on the premises. (f) Sign Programs. A master sign program must be provided for locations with five (5) or more tenants or businesses. Such programs shall be approved by an AUP or concurrently with at eh CUP for the development. Sign programs may also include wayfinding programs or civic sign programs. (g) Franchise and Logo Signs. Businesses that are part of a franchise or corporation may not exceed the maximum sign area allowed in their zone including franchise or logo signs. (h) Illumination. Signs shall be indirectly lighted by continuous, stationary, shielded light sources, directed solely at the sign, or internal to it. All light sources for signs are to be shielded so as not to be directly visible from off-site. (i) Temporary Freestanding Signage. Temporary signs freestanding signage displaying either a commercial or non-commercial message shall adhere to the following criteria: (1) When located in the Corner Clear Zone, the sign shall not exceed thirty (30) inches in height. 51 ITEM: 3 DATE: 9-6-16 (2) Signs shall not obstruct a motorist’s view of pedestrian or vehicular traffic, traffic-control signs, or signals, or otherwise represent a hazard to vehicular or pedestrian traffic. (3) Signs shall not impede a pedestrian’s free use of the sidewalk. (4) Signs shall be securely affixed to the property on which they are placed. (5) Signs may not be posted without the permission of the property owner. (j) Code Standards. All signs established in this City must comply with all current editions of the California Building Code, or successor adopted building code for anchoring, foundations, windloads, illumination, and design standards. Awning Signs and projecting signs require structural plans to be done by a licensed architect or civil engineer. 9-15.006011 Exceptions to sign standardsDesign Exceptions. The sign area or other limitations of this chapter may be modified, increased or decreased through approval of an administrative use permit. In reviewing an administrative use permit, the following criteria findings shall be consideredmade: (a) The need for such signing is based on the purposes set forth in Section 9- 15.001002; (b) The opportunity to combine signs for more than one (1) use on a single sign structure has been considered; (c) For freeway oriented signs, the sign area and height are the minimum needed to achieve adequate visibility along the freeway due to highway ramp locations and grade differences; and (d) Conformance with all other applicable codes and ordinances of the City, including, but not limited to, the Zoning Ordinance, General Plan and its several elements, and the appearance review guidelines. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992)  9-15.007 Sign construction standards. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.008012 Sign maintenance and Abandoned Signs. All signs established in this City are subject to this code regarding safety, maintenance, and repair. All signs are to be properly maintained in a safe and legible condition at all times. Any sign that is fifty percent (50%) or more damaged of the replacement cost of the sign or deteriorated, must be repaired and brought into conformance with this chapter will be presumed to be abandoned as defined in Section 9-15.003018.(d)(2). (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992)  9-15.009 Sign permit application package. 9-15.010013 Legal nonconforming Non-conforming signs. The use of a legal nonconforming sign may continue as follows: (a) Free-Standing and Attached Signs. A legal nonconforming sign shall not be: (1) Increased in area; 52 ITEM: 3 DATE: 9-6-16 (2) Moved from its location on the effective date of the ordinance codified in this title unless required by law or pursuant to this title; (3) Be provided with increased or intensified lighting; (4) Changed to an advertisement for a business not occupying the premises or a product not sold on the premises. (b) Sign Copy. The advertising copy on a legal nonconforming sign may be changed, except as provided by subsections (a), (c) and (d) of this section. (c) Discontinued Use. If the use of a building or land associated with a legal nonconforming sign is discontinued for a period of three six (36) months or more, any signing signage except for an off-premises sign shall be removed and thereafter conform to the provisions of the chapter. (d) Public Nuisances. Any nonconforming sign which is found to present danger to the public or becomes abandoned due to disrepair or lack of proper maintenance may be declared a public nuisance and abated as set forth in Chapter 9-8 (Enforcement). (e) Destroyed Signs. If a legal nonconforming sign is destroyed to the extent of fifty percent (50%) or more of its replacement cost prior to its destruction by fire, explosion or act of God, it may be restored only if it is brought into full conformance with the provisions of this chapter. If the sign is damaged to the extent of less than fifty percent (50%) of its replacement cost, it may be restored to its former legal nonconforming status. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 9-15.011014 Code Eenforcement. The provisions of this chapter shall be enforced pursuant to Section 9-8.101 et seq., of Title 9. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992 and Title 12, Code Enforcement or its successor code. )  9-15.012.4 Posting on structures. All signage within the public right-of-way shall be self-supporting and freestanding. No temporary sign shall be posted on any streetlight, utility pole, post, pole, or structure supporting a traffic-control sign or signal, fire hydrant, or similar structures in the public right-of-way. (a) Safety of Placement. Temporary signs posted in the public right-of-way shall meet the following criteria: (1) When located in the Corner Clear Zone, the sign shall not exceed thirty (30) inches in height. (2) Signs shall not obstruct a motorist’s view of pedestrian or vehicular traffic, traffic-control signs, or signals, or otherwise represent a hazard to vehicular or pedestrian traffic. (3) Signs shall not impede a pedestrian’s free use of the sidewalk. (4) Signs shall be securely affixed to the property on which they are placed. (5) Signs may not be posted without the permission of the property owner. (b) No permit nor deposit is required for the posting of temporary signs on public property by the City. (Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 53 ITEM: 3 DATE: 9-6-16 9-15.013015 Private placement.Signs on City Property Any sign placed on property owned by the City of Atascadero, or within the right-of-way of a dedicated public street without the permission of the City may be removed by the City without prior notice. This section shall not be interpreted to violate the First Amendment to the Constitution of the United States. 9-15.016 Substitution Clause Notwithstanding any provision of this section to the contrary, the extent that this section allows a sign containing a commercial message, a non-commercial message shall be allowed to the same extent. The non-commercial message may occupy the entire sign area or any portion thereof, and may substitute or be combined with the commercial message. The sign message may be changed from commercial to non-commercial message to another, as frequently as desired by the sign’s owner, provided that the sign is not prohibited and the sign continues to comply with all requirements of this section. 9-15.017 Severability Clause If any section, subsection, sentence, clause, or phase of this sign ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this sign ordinance. The City Council of the City of Atascadero hereby declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or phase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phases be declared invalid. 9-15.002018 Definitions. For the purposes of this chapter, the following definitions shall apply: (a) Abandoned Signs. A sign is abandoned when for a period of ninety (90) days or more, there is no sign copy appearing on the sign, or where the establishment with which the sign is associated has ceased operation for a period of ninety (90) days or more, or where it is relatively clear that the sign has been forsaken or deserted. Any sign which is a conforming sign not in use, but which could be re-used in conjunction with the ownership or operation of a new business on a property, shall not fall under the definition of abandoned. (b) Alteration. Any change of size, shape, illumination, position, location, construction or supporting structure of an existing sign. (c) Animated Sign. A sign with action or motion, rotating, flashing or color changes, excepting therefrom wind actuated elements such as flags, banners, streamers, whirligigs or other similar devices, and public service signs such as time and temperature units. (d) Balloon, Inflatable Signs, or Inflatable Attention-getting Devices. Any air or gas filled device located, attached, or tethered to the ground, site, merchandise, building, or roof and used for the purpose of signage, advertising or attention-getting. (e) Banner. Any sign of lightweight fabric or similar material that is attached to a building or other structure erected for another purpose. Flags, as defined in this section, shall not be considered banners. 54 ITEM: 3 DATE: 9-6-16 (f) Building Complex. A building or group of buildings on one (1) or more lots or building sites containing three (3) or more separate businesses or industrial uses and sharing common parking facilities. (g) Building Face. The outermost surface of any exterior wall of a building, but not including cornices, bay windows, balconies, or other architectural features which extend beyond the general outermost surface of such exterior wall. Building Frontage. Building Face that fronts a public street or shared common parking area within a commercial center, measured in linear feet from the edge of wall to the edge of wall. Cabinet Sign. Also referred to as “can sign”. A sign that contains all the text and/or logo symbols on the display face of an enclosed cabinet (h) Canopy Sign. Any sign that is part of a projecting awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance or window or outdoor service area, or otherwise attached to a building face. (i) Changeable Copy Sign. A sign with changeable copy, regardless of the method of attachment or the materials of construction, that is non-digital. (j) Commercial Speech. Any message, the prevailing thrust of which is to propose a commercial transaction. (k) Commercial Signage. Any sign with wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. (l) Corner Clear Zone. The area at a street corner inscribed by a line drawn between points established by measuring back fifteen (15) feet from the beginning of the curb radius along the curb line, or edge of pavement when there is no curb, and the face of the curb or edge of pavement. Construction. A property that has been issued a building permit by the City of Atascadero for activities related to demolition, remodel, or new construction of a property. Digital Display. The portion of a sign message made up of internally illuminated components capable of changing a message periodically. Digital displays may include but not limited to LCD, LED, plasma, or high intensity displays (hid). (m) Dormer. A structure located above the height of a wall projecting from a sloping roof that is enclosed on both sides and top, and does not project above top of the roof structure. (n) Dwelling Unit. Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation. (o) Enforcement Officer. Any City official or agent designated by the City Manager as having authority to enforce the provisions of this article. (p) Flag. A device, generally made of flexible materials, usually cloth, paper or plastic, usually used as a symbol of a government, school, or religion, and not containing a commercial message. (q) Freestanding Sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground which are independent from any building or other structure. This definition may include pole signs, ground signs and monument signs. Feather Flag. Also known as a blade sign, teardrop sign, or similar type of temporary signage that is constructed of cloth, canvas, plastic fabric, or similar lightweight, non-rigid 55 ITEM: 3 DATE: 9-6-16 material and that is supported by a single vertical pole mounted into the ground or portable structure for means of advertsing. (r) Ground Sign. Any freestanding sign greater than six (6) feet in height and supported wholly by uprights, braces, or poles in or upon the ground and where any supports or angle irons are enclosed in a wood, plastic, metal or other decorative form, such that the angle irons or supports are not visible. The entire bottom of a ground sign is generally in contact or in close proximity to the ground. (s) Height. The height of any sign shall be the measurement from the top of the sign cabinet, including all ornamentation and supports, to the existing grade beneath the sign. (t) Illegal Sign. Any sign placed without all required governmental approval and/or permits at the time such sign was placed or is an existing sign which was not constructed in accordance with the ordinances and other applicable laws in effect on the date of construction, did not receive government approval or permits, or a legal nonconforming sign that has exceeded its authorized amortization period. (u) Illuminated Sign. Any sign employing the use of lighting sources for the purpose of decorating, outlining, accentuating or brightening the sign area. (v) Incidental Sign. A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as no parking, entrance, loading only, telephone and other similar directives. A sign that also includes a commercial message is not considered incidental. (w) Institutional. Uses whose primary function is furtherance of the public health, safety and welfare, generally, but not exclusively noncommercial in nature, including, but not limited to the following: hospitals and similar health care facilities, airports, cemeteries, recreational clubs and lodges, museums, theaters and similar cultural institutions, churches and similar religious institutions, detention facilities, fire and police stations, emergency shelters, marinas, parks and similar recreational facilities, schools and similar educational institutions, public utility facilities other than business offices. (x) Legal Nonconforming Sign. A sign which was legal when first erected, with all necessary permits, but due to a change in the law it became nonconforming. Light Pole Signage. A temporary banner or sign that id designed to be attached to a permanent light pole and where the temporary sign element can be changed without modifying the structure. (y) Lot. Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership. (z) Lot Frontage. Those portions of a lot or building site which abut a public street. For purposes of determining frontage on corner lots and through lots, all sides of a lot abutting a public street (excluding an alley) shall be considered frontage. (aa) Marquee. A permanent roofed structure attached to and supported by the building and projecting beyond the building face. (bb) Monument Sign. A freestanding sign which is supported by a base which extends the entire length of the sign area and is an integral part of the design. 56 ITEM: 3 DATE: 9-6-16 (cc) Multi-Faced Sign. A sign with two or more sign faces where any two sign faces are oriented such that they have an interior angle of greater than forty-five (45) degrees from each other. Murals. A large picture, image (including but not limited to painted art) which is painted, constructed, or affixed directing only a vertical building wall, which may or may not contain text, logos, and/or symbols. May also include a mural sign. (dd) Noncommercial Signage. Any signage which is not determined to be commercial signage, as defined herein. (ee) Noncommercial Speech. Any message which is not determined to be commercial speech as defined herein. (ff) Nonstructural Trim. The molding, battens, caps, nailing strips, lattice, cutouts, or letters and walkways which are attached to the sign structure. (gg) Obscene Signs. Signage when taken as a whole, which to the average person applying contemporary statewide standards, appeals to the prurient interest and as a whole depicts or describes in a patently offensive way sexual conduct which lacks serious literary, artistic, political or scientific value. (hh) Off-Site Commercial Signage. Signage that is not located on the site of the business, accommodations, services, or commercial activity served by the sign. (ii) On-Site Commercial Signage. A sign advertising the business, accommodations, services or commercial activities provided on the site on which the sign is located. (jj) Permanent Sign. Any legal sign designed or used in excess of forty-five (45) days. (kk) Permitted Sign. Signs permitted pursuant to this article. (ll) Pole Signs. A sign wholly supported by one (1) or more poles and otherwise separated from the ground by air. (mm) Portable Sign or A-frame Sign. Any freestanding, moveable sign. (nn) Prohibited Signs. Signs specified in Section 9-15.003(d)007 of this chapter or any sign not specified in Section 9-15.0058 through 9-15.010, nor in compliance with the design criteria for this chapter. (oo) Projecting Sign. A sign which projects more than twelve (12) inches from the exterior face of a building wall or facade and which uses the building wall as its primary source of support. (pp) Project Entrance Sign. An on-site sign used to identify the name of an apartment housing complex, mobilehome park, condominium subdivision or other residential subdivision. Projected Image Sign. A sign which involves an image projected on the face of a wall, structure, sidewalk, or other surface from a distant electronic device such that the image does not originate from the plan of the wall, structure, sidewalk, or other surface. (qq) Public Service Sign. A noncommercial sign that provides general information that benefits the public, such as electronic changeable time and temperature units. The renewal of any part of an existing sign for the purpose of its maintenance. (rr) Roof Sign. A sign erected upon or above a roof (angled surface) or a parapet of a building or structure, and not contained within a dormer (flat surface). (ss) Setback Area. The setback area shall be that area defined as the required minimum yard as specified by the Zoning Ordinance for each Zoning District, unless a specific setback is designated within this chapter. 57 ITEM: 3 DATE: 9-6-16 (tt) Sign. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public, with the exception of the following: (1) Such devices not exceeding one (1) square foot in area and bearing only property numbers, post box number, names of occupants or other similar identification on a site; (2) Flags and other insignia of any government not displaying a commercial message; (3) Legal notices, identification, informational or directional/traffic controlling devices erected or required by government agencies; (4) Decorative or architectural features of buildings, except letters, trademarks or moving parts; (5) Holiday decorations and lights; (6) Government traffic controlling devices are not considered signs for purposes of this chapter due to their distinct purpose. (uu) Sign Area. The entire area contained within the frame, cabinet or fixture, including all ornamentation or decoration used to attract attention. In the case of pole signs, that area above the supporting column, provided such supporting column is not decorated or displayed with advertising. The area of signs painted on walls, individual letter signs, trough signs, and other directly illuminated signs, shall be calculated on the basis of the smallest rectangle, circle or spherical figure that will enclose the entire copy area of the sign. The area of any two (2) or more faced signs or type signs having any interior angle of more than forty-five (45) degrees (multi-faces signs) shall be the total area of all faces or panels. If all interior angles are forty-five (45) degrees or less, the greatest sized panel or face shall only be counted as the sign area. (vv) Sign Copy. Any words, letters, numbers, figures, designs or other symbolistic representation incorporated into a sign with the purpose of attracting attention to the subject matter. (ww) Sign Face. The surface of the sign upon, against, or through which the message is displayed or illustrated on the sign. (xx) Sign Structure. Any structure that supports or is capable of supporting any sign as defined in this section. A sign structure may be a single pole and may or may not be an integral part of the building. (yy) Site. A lot, or group of contiguous lots, with or without development, in single ownership, or having multiple owners, all of whom join in an application for signage. (zz) Street. A public or private highway, road or thoroughfare which affords the principal means of access to adjacent lots. Temporary For Sale Sign. Temporary signage for properties that are for sale or rent. Yard Sign. A sign no larger than five (5) square feet in size comprised of light weight material such as vinyl, canvas, fabric, or other similar materials that are staked, or framed in the ground.(Ord. 499 § 2, 2006; Ord. 400 § 1, 2002; Ord. 255 § 2, 1992) 58