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CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
REGULAR MEETING
Tuesday, November 7, 2017
6:00 P.M.
Historic City Hall Council Chambers
6500 Palma Avenue, 4th Floor
Atascadero, California 93422
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson Duane Anderson
Vice Chairperson Jerel Seay
Commissioner Ryan Betz
Commissioner Mark Dariz
Commissioner Josh Donovan
Commissioner Jan Wolff
Commissioner Tom Zirk
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.)
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 MINUTES OF PLANNING COMMISSION MEETING ON
OCTOBER 17, 2017
City of Atascadero Planning Commission Agenda Regular Meeting, Nov. 7, 2017
Page 2 of 5
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PLANNING COMMISSION BUSINESS
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 2017-1661 FOR 3215 EL CAMINO REAL (AUTUMNLY PRESCHOOL)
Property Owner: Shelley Hanlon, 3215 El Camino Real, Atascadero, CA 93422
Applicant: Same as above
Project Title: PLN 2017-1661 / CUP 2017-0320
Project Location: 3215 El Camino Real, Atascadero, CA 93422
APN 049-163-017 (San Luis Obispo County)
Project
Description:
The proposed project is a daycare center / preschool with a capacity of 35 children. The business
will include outdoor play areas and a parking area.
General Plan Designation: RE
Zoning District: RS
Proposed
Environmental
Determination:
Categorically exempt from CEQA as a Class 3 Exemption for the construction or conversion of
small structures (CEQA Guidelines Section 15303).
City Staff: Katie Banister, Assistant Planner, kbanister@atascadero.org, Phone: 470-3480
Staff
Recommendation:
Staff recommends the Planning Commission adopt PC Resolution 2017-A approving a
Conditional Use Permit allowing a child care center use and development plan for the
property, based on findings and subject to conditions.
City of Atascadero Planning Commission Agenda Regular Meeting, Nov. 7, 2017
Page 3 of 5
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3. PLN 2017-1650 CITYWIDE ZONING ORDINANCE TEXT CHANGES
(CONTINUTED FROM OCTOBER 17, 2017)
4. PLN 2017-1649 FOR 6500 EL CAMINO REAL (Z3 LLC)
(TO BE CONTINUED TO NOVEMBER 21, 2017)
Applicant: City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422
Project Title: PLN 2017-1650 / ZCH 2017-0186
Project Location: Citywide, Atascadero, CA 93422 (San Luis Obispo County)
Project
Description:
The proposed amendments include minor revisions to zoning text to correct inconsistencies and
typographical errors, and to update zoning definitions for consistency with the General Plan.
Proposed
Environmental
Determination:
Exempt 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.
City Staff: Katie Banister, Assistant Planner, kbanister@atascadero.org, Phone: 470-3480
Staff
Recommendation:
Staff recommends the Planning Commission adopt PC Resolution 2017-A recommending the
City Council introduce an ordinance for first reading, by title only, to approve PLN 2017 -
1650, based on findings.
Property Owner: Mike Zappas, 8189 San Dimas Lane, Atascadero, CA 93422
Representative: Pat Blote, RRM Design Group, 3765 S. Higuera, SLO, CA 93401
Project Title: PLN 2017-1649 – La Plaza Redevelopment
Project Location: 6500 El Camino Real, Atascadero, CA 93422, APN 030-193-001,003,017,016, 031,030,033
(San Luis Obispo County)
Project
Description:
The applicant proposes a mixed use development project on previously developed properties
within Downtown Atascadero. The proposed project includes:
18,000 square feet (sf) of commercial-type uses on the first floor;
9,700 sf of office space on 2nd and 3rd floors of a separate building;
40 air space condominium residential units on 2nd and 3rd floors;
11,761 sf pedestrian plaza located on Atascadero Mall.
General Plan Designation: D
Zoning District: DC
Proposed
Environmental
Determination:
A Notice of Intent to Adopt Mitigated Negative Declaration is being circulated from 10/18/17 to
11/7/17 and is available at www.atascadero.org.
City Staff: Alfredo R. Castillo AICP, Assoc. Planner, acastillo@atascadero.org, Phone: 470-3436
Staff
Recommendation:
To Be Continued To November 21, 2017
City of Atascadero Planning Commission Agenda Regular Meeting, Nov. 7, 2017
Page 4 of 5
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COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting will be on November 21, 2017, at 6:00 p.m. 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.
City of Atascadero Planning Commission Agenda Regular Meeting, Nov. 7, 2017
Page 5 of 5
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City of Atascadero
WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING
The Planning Commission meets in regular session on the first and third Tuesday of each month at 6:00 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 Community
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 interested to address the Co mmission 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 Minutes of 10/17/17
Page 1 of 7
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting – Tuesday, October 17, 2017 – 6:00 P.M.
City Hall Council Chambers
6500 Palma Avenue, Atascadero, California
CALL TO ORDER - 6:00 p.m.
Chairperson Anderson called the meeting to order at 6:00 p.m. and Commissioner Seay
led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Betz, Dariz, Donovan, Seay, Wolff, Zirk, and
Chairperson Anderson
Absent: None
Others Present: Recording Secretary, Annette Manier
Staff Present: Community Development Director, Phil Dunsmore
Senior Planner, Callie Taylor
Associate Planner, Alfredo Castillo
APPROVAL OF AGENDA
MOTION: By Commissioner Zirk and seconded by Commissioner
Wolff to approve the Agenda.
Motion passed 7:0 by a roll-call vote.
PUBLIC COMMENT
None
Chairperson Anderson closed the Public Comment period.
CONSENT CALENDAR
1. APPROVAL OF DRAFT MINUTES OF PLANNING COMMISSION MEETING ON
SEPTEMBER 19, 2017
ITEM NUMBER: 1
DATE: 11-7-17
1
PC Draft Minutes of 10/17/17
Page 2 of 7
MOTION: By Commissioner Dariz and seconded by
Commissioner Betz to approve the Consent
Calendar, with one change on the first page
to change the word “Special” to “Regular.”
Motion passed 6:0 by a roll-call vote.
(Seay abstained).
PLANNING COMMISSION BUSINESS
None
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 Perm its,
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 Com mission
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).)
2. PLN 2017-1651 FOR 7300 EL CAMINO REAL DRIVE-THROUGH RESTAURANT
Property Owner: Dynamic Investments, LLC, 1725 21st Street, Santa Monica, CA 90404
Applicant: Pamela Jardini, Planning Solutions
Project Title: PLN 2017-1651 / CUP 2017-0315 / DRC 2017-0103
Project Location: 7300 El Camino Real, Atascadero, CA 93422
APN 030-222-048 (San Luis Obispo County)
Project
Description:
The proposed project includes construction of a 2,520 square foot drive-through
restaurant with outdoor patio area. The existing building (vacant Coco’s Restaurant)
would be demolished.
General Plan Designation: SC
Zoning District: CS
Proposed
Environmental
Determination:
Categorically exempt from CEQA (Section 15303, CEQA Guidelines)
City Staff: Callie Taylor, Senior Planner, ctaylor@atascadero.org, Phone: 470-3448
Staff
Recommendation:
Staff recommends the Planning Commission adopt PC Resolution 2017 -A approving
a Conditional Use Permit for the construction of a drive-through restaurant with
outdoor patio area, signage, tree removal, and shared parking reduction, based on
findings and subject to Conditions of Approval.
2
PC Draft Minutes of 10/17/17
Page 3 of 7
EX PARTE COMMUNICATIONS
Commissioner Dariz and Chairperson Anderson both stated that they heard this item at
the Design Review Committee (DRC).
Senior Planner Taylor gave the staff report, stated this project went to the DRC, and
answered questions from the Commission. Senior Planner Taylor stated that Public
Works Department could look at the trees and line of sight when the applicant comes in
for building permits.
PUBLIC COMMENT
The following members of the public spoke during public comment: Pamela Jardini and
Robert Gross. Ms. Jardini and Mr. Gross answered questions from the Commission.
Chairperson Anderson closed the Public Comment period.
MOTION: By Vice Chairperson Seay and seconded by
Commissioner Donovan to adopt PC
Resolution 2017-A approving PLN 2017-
1651/CUP 2017-0315 approving a
Conditional Use Permit to allow a drive-
through restaurant, proposed signage,
shared parking reduction, and native tree
removal at 7300 El Camino Real, based on
findings and subject to Conditions of
Approval.
Motion passed 7:0 by a roll-call vote.
3. PLN 2017-1655 FOR 6850, 6925, AND 6907 MORRO ROAD (SENECA FAMILY OF
AGENCIES)
Property Owner: Seneca Family of Agencies, 8750 Mountain Blvd., Oakland, CA 94605
Applicant: Pamela Jardini, Planning Solutions
Project Title: PLN 2017-1655 / CUP 2017-0314
Project Location: 6850 Morro Road, 6925 and 6907 Atascadero Ave., Atascadero, CA 93422
APN 030-282-018, 032, 043 (San Luis Obispo County)
Project Description:
The application includes a social service use, offices, daycare services, educational
training and potential residential uses. Seneca provides community based services
including a children’s clinic, child advocacy, child development training and emergency
foster care programs. The two (2) existing buildings would be utilized and an outdoor
play area would be installed for the clients. The use would span three (3) separate
parcels, which are zoned Commercial Retail (CR) and Residential Multi-Family (RMF-
20).
General Plan Designation: General Commercial (GC) and High Density Residential
(HDR)
Zoning District: Commercial Retail (CR) and Residential Multi-Family (RMF-20)
3
PC Draft Minutes of 10/17/17
Page 4 of 7
Senior Planner Taylor presented the staff report.
EX PARTE COMMUNICATIONS
Commissioner Donovan saw a presentation about the Kinship Center in his Leadership
class through the Chamber of Commerce last year. Commissioner Dariz toured the
facility approximately 6 months ago, and the Kiwanis Club (of which he is a member of),
offered their services to help clean up the site where the fence is.
Senior Planner Taylor and Community Development Director Dunsmore answered
questions from the Commission.
PUBLIC COMMENT
The following members of the public spoke during public comment: Pamela Jardini . Ms.
Jardini answered questions from the Commission.
Chairperson Anderson closed the Public Comment period.
MOTION: By Commissioner Donovan and seconded
by Commissioner Dariz to adopt PC
Resolution 2017-A approving PLN 2017-
1655/CUP 2017-0314 approving a
Conditional Use Permit for social service
use, offices, childcare services, educational
training, and residential uses on three (3)
parcels zoned Multi-family Residential and
Commercial Retail, based on findings and
subject to Conditions of Approval.
Motion passed 7:0 by a roll-call vote.
4. PLN 2017-1658 FOR 7735 EL CAMINO REAL (STEPHEN WAGNER)
Proposed
Environmental
Determination:
Categorically exempt from CEQA (Section 15301, CEQA Guidelines, Class 1
exemption)
City Staff: Callie Taylor, Senior Planner, ctaylor@atascadero.org, Phone: 470-3448
Staff
Recommendation:
Staff recommends the Planning Commission adopt PC Resolution 2017-A approving
a Conditional Use Permit for a social service use, offices, daycare services,
educational training and potential residential uses on three (3) parcels zoned Multi -
family Residential and Commercial.
Property Owner: Stephen and Janine Wagner, 3305 Colima Road, Atascadero, CA 93422
Representative: Gary Miyamoto, PO Box 1886, Atascadero, CA 93423
Project Title: PLN 2017-1658 / CUP 2017-0318
Project Location: 7735 El Camino Real, Atascadero, CA 93422, APN 008-286-004 (San Luis Obispo
County)
4
PC Draft Minutes of 10/17/17
Page 5 of 7
EX PARTE COMMUNICATIONS
Commissioner Donovan stated that he knows Mr. Wagner, but has no ex-parte in regards
to this project.
Associate Planner Castillo gave the staff report and stated that after visiting the site today,
staff is proposing revised conditions (Condition #5 and Condition #7), as follows in red:
Condition #5:
Landscaping plan shall include trash enclosure details for a six (6) foot high,
decorative wood fence to screen enclosure that surrounds the enclosure with a wood
gate. “Dog-eared” fences are not considered decorative. Enclosure shall include
space for dedicated trashcans for both office and residential uses. As an option, a
decorative concrete or brick wall designed for compatibility with the period of
construction for the residence (circa 1915) may be allowed.
Condition #7:
Fencing shall be repaired replaced, along the side and rear property lines with
decorative wood fencing, maximum 6-feet in height. “Dog-eared” fences are not
considered decorative fencing. As an option, a decorative concrete or brick wall
designed for compatibility with the period of construction for the residence (circa 1915)
may be allowed. New fencing required adjacent to existing non-residential uses shall
be a maximum 4-foot in height and consist of decorative fencing such as wood
capped, picket fencing, etc.
Associate Planner Castillo answered questions from the Commission.
PUBLIC COMMENT
The following members of the public spoke during public comment: Stephen Wagner. Mr.
Wagner answered questions from the Commission.
Chairperson Anderson closed the Public Comment period.
Project Description:
The applicant proposes a conversion of non-residential uses on a 2nd floor of a historic
colony home into a 691 square foot residential apartment. The applicant proposes
minor exterior modifications and interior improvements. The Atascadero M unicipal
Code allows for multi-family residential uses in certain commercial zones with
approval of a Conditional Use Permit.
General Plan Designation: GC Zoning District: CP
Proposed
Environmental
Determination:
Categorically exempt from CEQA (Section 15301, CEQA Guidelines, Class 1
exemption)
City Staff: Alfredo R. Castillo AICP, Assoc. Planner, acastillo@atascadero.org, Phone: 470-
3436
Staff
Recommendation:
Staff recommends the Planning Commission adopt PC Resolution 2017-A, approving
a Conditional Use Permit to allow for an upstairs residence in a converted historic
colony home.
5
PC Draft Minutes of 10/17/17
Page 6 of 7
MOTION: By Commissioner Wolff and seconded by
Vice Chairperson Seay to adopt PC
Resolution 2017-A approving PLN 2017-
1658/CUP 2017-0318 approving a
Conditional Use Permit to allow for an
upstairs residence in a converted historic
colony home, with changes to Condition #5
adding “As an option, a decorative concrete
or brick wall designed for compatibility with
the period of construction for the residence
(circa 1915) may be allowed, AND with
changes to Condition #7 to change the word
“replaced” to “repaired”, remove the word
“decorative”, remove “Dog-eared fences are
not considered decorative fencing. As an
option, a decorative concrete or brick wall
designed for compatibility with the period of
construction for the residence (circa 1915)
may be allowed” and adding the words “New
fencing required adjacent to existing non-
residential uses shall be a maximum 4-foot
in height and consist of decorative fencing
such as wood capped, picket fencing, etc.”
Motion passed 7:0 by a roll-call vote.
5. PLN 2015-1650, CITYWIDE ZONING ORDINANCE TEXT CHANGES
(TO BE CONTINUED TO NOV. 7, 2017)
Community Development Director stated that this item will be continued to a date certain
and will be heard on November 7, 2017.
Property
Owner/Applicant:
City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422
Project Title: PLN 2017-1650 / ZCH 2017-0186
Project Location: Citywide
Project Description:
The proposed amendments include minor revisions to zoning text to correct
inconsistencies, typographical errors and to update zoning definitions for consistency
with the General Plan.
Proposed
Environmental
Determination:
Exempt by the general rule that CEQA applies only to projects that have the potential for
causing significant effect on the environment. (Section 15061(b)(3) No significant
environmental impact, CEQA Guidelines).
City Staff: Katie Banister, Assistant Planner, kbanister@atascadero.org, Phone: 470-3480
Staff
Recommendation:
Continue to a date certain, November 7, 2017.
6
PC Draft Minutes of 10/17/17
Page 7 of 7
COMMISSIONER COMMENTS AND REPORTS
Chairperson Anderson stated that the Zoning Handbook given out to Commissioners is
very helpful.
DIRECTOR’S REPORT
Community Development Director Dunsmore stated that the next meeting is scheduled
for November 7, 2017, and on that agenda will be zoning code text updates, the La Plaza
project, and a Preschool facility.
Community Development Director Dunsmore gave an update on the former Carl's Jr.
sign, the Creekside building, Eagle Ranch, and the new bridge.
ADJOURNMENT – 7:04 p.m.
The next Regular meeting of the Planning Commission is scheduled for November 7,
2017, at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero.
MINUTES PREPARED BY:
____________________________
Annette Manier, Recording Secretary
Administrative Assistant
7
ITEM 2 | 11/07/2017
Child Care Center
PLN 2017-1661 / Hanlon
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
Atascadero Planning Commission
Staff Report – Community Development Department
PLN 2017-1661
Autumnly Preschool
RECOMMENDATION(S):
Planning Commission adopt PC Resolution 2017-A approving Conditional Use Permit
2017-0320 allowing a child care center with capacity for 35 children in the Residential
Suburban zoning district.
Project Info In-Brief: The project is the conversion of a single-family residence into a
child care center with up to 35 children. The residence is located on a shared driveway
with access from El Camino Real. Alterations would include an improved parking lot,
outdoor play areas, interior remodel, and accessible paths of travel.
PROJECT
ADDRESS: 3215 El Camino Real Atascadero, CA APN 049-163-017
PROJECT
PLANNER
Katie Banister
Assistant Planner 470-3480 kbanister@atascadero.org
APPLICANT Shelley Hanlon, 3215 El Camino Real, Atascadero, CA 93422
PROPERTY
OWNER Shelley Hanlon, 3215 El Camino Real, Atascadero, CA 93422
GENERAL PLAN
DESIGNATION:
ZONING
DISTRICT:
SITE
AREA EXISTING USE PROPOSED USE
RE RS 0.6
acres
Single-family
residence Child care center
ENVIRONMENTAL DETERMINATION
☐ Environmental Impact Report SCH: ___________________________
☐ Negative / Mitigated Negative Declaration No. ___________
☒ Categorical Exemption CEQA – Guidelines Section 15303
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
8
ITEM 2 | 11/07/2017
Child Care Center
PLN 2017-1661 / Hanlon
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
DISCUSSION:
Existing Surrounding Uses / Parcel Configurations: The property is located on the east
side of El Camino Real between Del Rio and San Anselmo Roads. Northside Church of
Christ is immediately north of the site. Properties to the west of El Camino Real are in
the Commercial Park zoning district with existing light industrial, RV sales, and
warehousing businesses. Properties to the east and south of the site, including one on
a shared driveway with the project, are single-family residences
Existing Zoning Existing Aerial / Surrounding
North: South: East: West:
RS RS RS El Camino Real
CPK
Summary:
The project is the conversion of a single-family residence within a residential zone into a
child care center. The applicant is seeking state licensing for a facility for up to 35
children. Internal alterations would include the removal of several walls to create
classrooms and providing ramps and accessible bathrooms for the disabled. Outdoors,
the applicant proposes two improved parking areas, two outdoor play areas, and
accessible paths of travel.
Analysis:
“Child care centers” are defined in the Atascadero Municipal Code (AMC 9-3.500) as
“Child day care facilities designed and approved to acc ommodate fifteen (15) or more
children. Includes infant centers, nursery schools, preschools, sick -child centers, and
school-age day care facilities. These may be operated in conjunction with a school or
church facility, or as an independent land use.” Child care centers are conditionally
9
ITEM 2 | 11/07/2017
Child Care Center
PLN 2017-1661 / Hanlon
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
allowed in the residential zones, including the Residential Suburban zoning district
(AMC 9-3.230).
AMC 9-6.125, Schools and Preschools, lists City requirements for child care centers:
The site must be at least 6,000 square feet in size.
The property proposed for Autumnly Preschool is 0.6 acres, or approximately
26,000 square feet.
Outdoor play areas must be enclosed with fencing at least 4 feet in height,
and 6 feet in height on “any property line abutting a residential use on an
adjoining lot.”
The applicant proposes 6-foot fences around play areas on property lines. Staff
has provided fencing-related conditions in the draft resolution.
Parking requirements for preschools with more than 10 children must be
established by the Planning Commission. Smaller facilities must
accommodate 2 parking spaces for pick-up and drop-off at the preschool.
The State mandates specific teacher-to-child ratios for child care centers.
Autumnly Preschool will have students 2-6 years of age, which requires one
teacher for every 12 students. When an aide is present, the same teacher can
be responsible for 18 children. For a 35-child facility, between 3 and 4 adult
workers will be required. Administrative staff would be in addition.
The Institute of Transportation Engineers (ITE) Trip General Manual estimates a
daycare center with 35 students will generate 28 morning trips and 28 afternoon
trips. In contrast, a single family residence is expected to generate a total of 10
daily trips. However not all child care clients will arrive at the same time; drop-off
and pick-up is typically staggered at daycare centers. Staff recommends the
Planning Commission require a minimum of 8 on-site parking spaces, one of
which must be a van-accessible space. This would provide one parking space
for each of the four required teachers and four parking spaces for child drop -off
(one parking space for every 9 children).
The municipal code requires 9-foot wide by 18-foot deep parking spaces on an
asphalt, concrete, brick, or masonry surface with a maximum of 5% finished
grade. Accessible spaces have additional requirements for slope and accessible
paths of travel to the business. Spaces at a 90-degree angle require 24 feet of
aisle for backing up. Ten percent of the interior of parking areas must be
landscaped. Shade trees are required in parking areas at a 30 -foot interval.
Landscape fingers are required every eight parking spaces in a lot.
The applicant has provided a site plan that shows 10 -11 on-site parking spaces.
The existing parking area is approximately 50 feet wide, with an additional 30
feet of space available between the parking area and a native tree close to El
Camino Real, for a total of 80 feet of width. This is adequate space for about 8
parking spaces; however, the property slopes down from the residence toward
El Camino Real. The lot will require additional grading and possibly a retaining
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wall to provide proper slope. The Planning Commission does have the authority
to approve more steeply sloping parking spaces. Staff recommends the typical
cross slope standard be observed, as the parking lot will be used by families with
children.
The applicant has identified additional space at the rear of the property for
parking (indicated as “3-4 spaces” on the site plan). In order to utilize this area,
the parking spaces must be fully outside the access easement that benefits 3245
El Camino Real and must also m eet the same slope requirements as the lower
parking area. If a fire department turnaround is required, it may need to be
located in this area precluding parking.
Site Plan with driveway and parking dimensions.
See resolution exhibit for the full site plan.
Existing ~8-foot wide
landscaping strip
Existing ~10-foot
wide asphalt
driveway
Existing parking:
~26 feet deep
Existing parking:
~50 feet wide
Distance to the
dripline of native
tree: ~30 feet
Access Easement:
25.49 feet wide
Proposed additional
parking spaces
School Building
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The property has a 114-foot front property line adjacent to El Camino Real. The
building is about 150 feet from the road up a steeply sloping driveway. The
frontage is currently unimproved and not well suited to maneuvering young
children in and out of vehicles; however there is space for approximately 3 cars
to park in front of the property. Due to the possibility of the need for additional
short term parking for the daycare center, staff is recommending the Planning
Commission require roadbase surfaced shoulder improvements to better
accommodate on-street parking. A discussion is included in the Frontage
Improvements section below.
One van-accessible parking space will be required with an accessible path of travel to
the school. The applicant proposes to place this space just outside the existing garage
door, where there is a concrete apron. The concrete has been sloped to move water
away from the foundation of the house and may need to be reworked to provide the
proper slope.
Staff has provided parking-related conditions in the draft resolution.
Shared Driveway
The project is located on a residential driveway shared with the residence at 3245 El
Camino Real, which is located behind the subject site. The driveway is on the subject
property within a 25-foot wide access easement. Preschool traffic can use the
driveway, but must not preclude access for the neighbor. City engineering standards
require a minimum 20-foot wide driveway for commercial uses. The existing driveway is
approximately 10 feet wide. Staff has provided conditions requiring an adequate
driveway in the draft resolution.
Frontage improvements
Frontage improvements including, curb, gutter, sidewalk, and pavement to complete the
adjacent side of the road are required by AMC 9-4-159 when the value of proposed
improvements exceeds 25% of the assessed value of existing improvements. At this
time, it is unclear whether proposed improvements will exceed this threshold. Due to
the expected daily trips the child care center is expected to generate, if standard
frontage improvements are not required, staff recommends minor grading and a
roadbase shoulder be required to accommodate overflow morning and afternoon
parking.
Staff has provided conditions in the draft resolution related to frontage improvements.
Fencing
AMC 9-4.128 requires a 6-foot solid fence or wall between commercial and residential
uses. Schools have a similar fencing requirement for outdoor play areas as noted
above. With the exception of the northern property line shared with the church, the site
has existing property line fencing. A fence is proposed on the northern property line
and parallel to the front property line. In the RS zoning district, AMC 9 -4.128 allows
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fencing within the front setback to a maximum height of 5 feet when the top two feet
retains 80% visibility.
The Planning Commission may modify the fencing requirements, including allowing
taller fences within the front setback, if findings can be made. If the applicant proposes
a 6-foot tall fence within the front setback, staff recommends the Planning Commission
require the fence to be at least 20 feet from the front property line to provide adequate
space for landscaping. Staff has provided a condition in the draft resolution.
Signage
The applicant proposes a 24-square-foot sign to be attached to the front fence. In the
Residential Suburban zoning district, neither wall signs nor free -standing signs are
permitted. The Planning Commission may modify signage requirements if findings are
made. Staff recommends the sign be separate from the fence as a single-tenant
freestanding or ground monument-type sign with landscaped base that is oriented
perpendicularly to El Camino Real to provide for the best visibility.
Septic
The existing single-family residence is served by an onsite septic-disposal system
(septic tank and leach field). The City sewer runs down El Camino Real in front of the
property and is available to the property. The applica nt received a report in June, 2017,
stating the existing system is fully functioning; however the system was designed for a
single-family residence. Staff has provided conditions to require an engineer to
determine whether the system will be able to meet the demand of the proposed
preschool. If the system is inadequate, the property will be required to attach to the City
sewer. Regardless of the outcome of the engineer’s det ermination, if the system were
ever to fail, the property will be required to attach to the City sewer.
Landscaping
AMC 9-4. 125 requires the following area to be landscaped: setbacks, unused areas,
parking areas, and trash enclosures. In addition, street trees are required at a 30 -foot
interval. A landscape plan has not yet been prepared. Staff has provided a condition in
the draft resolution requiring the applicant to work with staff during the building permit
process to prepare a suitable landscape plan with landscaping between the front fence
and El Camino Real (including street trees), the side setbacks, and around the parking
area (including shade trees).
Lighting
The applicant proposes installing 5 solar lights that stand approximately 7-8 feet tall
along the driveway and parking areas. The location of the lights is indicated as an
asterisk labeled “Solar Street Lights” on the site plan, which is Exhibit C of the draft
resolution. Attachment 3 to this staff report has several images of the type of light
proposed. Staff recommends the lights be turned off at the close of busines s each day
to reduce impact on neighboring residences. Lights which might spill onto neighboring
properties should be shielded to prevent the spill. Staff has provided light-related
conditions in the draft resolution.
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Garbage
AMC 9-4.129 requires commercial uses to provide a garbage enclosure outside the
front setback. The enclosure must be between 3 and 6 feet in height and constructed
as a solid fence or wall. The floor must be concrete or other impervious surface. Staff
has included a condition in the draft resolution for the project to provide a garbage
enclosure.
ENVIRONMENTAL DETERMINATION:
The proposed project is Categorically Exempt (Class 3) from the provisions of the
California Environmental Quality Act (California Public Resources Code §§ 21000, et
seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000,
et seq.) pursuant to CEQA Guidelines Section 15303, because it is the conversion of an
existing building with only minor alterations are proposed. This exemption is included in
the draft resolution (Attachment 3).
FINDINGS:
To approve Conditional Use Permit 2017-0320 (PLN 2017-1650), the Planning
Commission must make the following findings. These findings and the facts to support
these findings are included in the attached resolution (Attachment 3).
Conditional Use Permit (AMC Section 9-2.110)
1. That the proposed project or use is consistent with the General Plan ; and
2. That proposed project or use satisfies all applicable provisions of this title; and
3. That 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
4. That the proposed project or use will not be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development; and
5. That the proposed use or 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
6. That the proposed project is in compliance with any pertinent city policy or criteria
adopted by ordinance or resolution of the city council.
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Fencing (AMC Section 9-4.128)
7. That specifically identified characteristics of the site or site vicinity would make
required fencing or screening unnecessary or ineffective.
Signage (AMC Section 9-15.011)
8. That the sign is consistent with the purposes set forth in Section 9-15.002; and
9. That the opportunity to combine signs for more than one (1) use on a single sig n
structure has been considered; and
10. That 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
11. Conformance with all other applicable codes and ordinance of the City, including,
but not limited to, the Zoning Ordinance, General Plan and its several elements,
and the appearance review guidelines.
ALTERNATIVES:
1. The Planning Commission may include modifications to the project and/or
conditions of approval for the project. Any proposed modifications , including
conditions of approval, should be clearly re-stated in any vote on any of the
attached resolutions.
2. The Planning Commission may determine that more information is needed on
some aspect of the project and may refer the item back to the applican t and staff
to develop the additional information. The Commission should clearly state the
type of information that is required. A motion, and approval of that motion, is
required to continue the item to a future date.
3. The Planning Commission may deny the project. The Commission must specify
what findings cannot be made, and provide a brief oral statement, based on the
Staff Report, oral testimony, site visit, correspondence, or any other rationale
introduced and deliberated by the Planning Commission.
ATTACHMENTS:
1. Site Photos
2. Conceptual Floor Plan
3. Conceptual Exterior Light Fixtures
4. Draft Resolution 2017-A
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ATTACHMENT 1: Site Photos
PLN 2017-1661
View of the Driveway from El Camino Real
Gravel Parking Area on Fill Material (about 50 feet wide and 26 feet deep)
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Existing Driveway and Landscape Strip on the Southern Property Line
Viewed from the Gravel Parking Area
Proposed Upper Parking Area
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Proposed Location of Accessible Parking Space
Typical Fencing
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Church of Christ on Left, Proposed Preschool on Right, Viewed from El Camino Real
Commercial Park Zoned Properties to the West of El Camino Real
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ATTACHMENT 2: Conceptual Floor Plan
PLN 2017-1661
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ATTACHMENT 3: Conceptual Exterior Light Fixtures
PLN 2017-1661
The applicant proposes placing this type of light in 5 locations indicated as “Solar Street Light”
on the site plan included as Exhibit C in the draft resolution.
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ATTACHMENT 4: Draft Resolution PC 2017-A
PLN 2017-1661
DRAFT PC RESOLUTION 2017-A
CONDITIONAL USE PERMIT
RESOLUTION OF THE PLANNING COMMISSION
APPROVING A CHILD CARE CENTER IN THE RESIDENTIAL
SUBURBAN ZONING DISTRICT
PLN 2017-1661
AUTUMNLY PRESCHOOL
HANLON
WHEREAS, an application has been received from Shelley Hanlon, 3215 El Camino
Real, Atascadero, CA 93422 (owner and applicant), to consider Planning Application PLN 2017-
1661, for a conditional use permit, on a 0.6 acre site located at 3215 El Camino Real,
Atascadero, CA 93422 (APN 049-163-017); and
WHEREAS, the site’s current General Plan Land Use Designation is Rural Estates (RE);
and
WHEREAS, the site’s current Zoning District is Residential Suburban (RS); and
WHEREAS, establishing a Child Care Center use requires the adoption of a Conditional
Use Permit in the RS zoning district; and
WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with
CEQA Guidelines 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 was held by the Planning
Commission of the City of Atascadero at which hearing evidence, oral and documentary, was
admitted on behalf of Conditional Use Permit 2017-0320; and
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on November 7, 2017, studied and considered PLN 2017-1661.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Atascadero makes the following findings, determinations and recommendations with respect
to the proposed conditional use permit:
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SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as
follows:
1. The proposed project is Categorically Exempt (Class 3) from the provisions of the
California Environmental Quality Act (California Public Resources Code §§ 21000, et
seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§
15000, et seq.) pursuant to CEQA Guidelines Section 15303, for new construction or
conversion of small structures. A notice of exemption is included as Exhibit A.
SECTION 2. Findings for approval of Conditional Use Permit and Master Plan of
Development. The Planning Commission finds as follows:
1. That the proposed project or use is consistent with the General Plan; and
Fact. The project is consistent with the Land Use, Open Space and Circulation (LOC) Policies
and Programs 1.1 for guiding new development into the urban core; 1.1.7 for infill development;
1.3.2 for screening residential uses from non -residential uses; 1.4.1 for screening exterior lights;
2.1 and 2.1.1 for neighborhood compatibility; 2.1.3 and 7.2.3 for providing street trees; 7.1 and
7.2.1 for maintaining the majority of native trees on site; 7.2.4 for providing shade trees; 8.5.3 for
providing on-site stormwater management; 13.1 for convenient location of services; and 15.1 for
directing growth to an area with existing City services.
2. That the proposed project or use satisfies all applicable provisions of this title; and
Fact. The site exceeds minimum size requirements, will be fenced from adjacent residential uses,
and adequate parking will be provided.
3. That 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
Fact. The site is located in the Residential Suburban zoning district, which is typically large rural
lots used for single-family residences; however the site is located on El Camino Real, the primary
arterial of Atascadero, across El Camino Real from light manufacturing and RV sales uses and
next door to a church. Adjacent property owners will experience some impacts from the business
including an increase in noise from outdoor play areas and increased used of a shared driveway.
The business must comply with State of California regulations pertaining to community care and
the City noise ordinance. The project is conditioned to provide adequate on -site parking and
signage to inform clients of the approved parking areas.
4. That the proposed project or use will not be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development; and
Fact. While the preschool is located in a residential area, the site is located on El Camino Real,
the primary arterial of Atascadero, across El Camino Real from light manufacturing and RV sales
uses and next door to a church.
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5. That the proposed use or 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
Fact. El Camino Real has a level of service rating of “A” between Curbaril and Del Rio Roads.
The intersection of San Anselmo and Highway 101 experiences as low as an F level of service
rating during the afternoon peak hour; however the intersection of San Anselmo with El Camino
Real has a level of service rating of B. The site is expected to produce more trips than a single -
family residence, but will not have a significant impact on the function of El Camino Real or
nearby intersections.
6. That the proposed project is in compliance with any pertinent City policy or criteria
adopted by ordinance or resolution of the City Council.
Fact. The City has no adopted policies regarding child care centers or preschools.
SECTION 3. Finding for Planning Commission Fencing Modification. The Planning
Commission finds as follows:
1. That specifically identified characteristics of the site or site vicinity would make required
fencing or screening unnecessary or ineffective.
Fact. The property is adjacent to El Camino Real, the primary arterial road of the City. Most
commercial uses do not have a front setback. Due to the neighboring residential uses, slope of
the lot and the need for fencing surrounding outdoor play areas of the child care center, a slightly
reduced front setback to a fence is appropriate in this location.
SECTION 4. Findings for Signage Design Exception. The Planning Commission finds as
follows:
1. That the sign is consistent with the purposes set forth in Section 9-15.002; and
Fact: The proposed sign maintains the aesthetic environmental of Atascadero, the staff-
proposed orientation will be an effective advertisement for services offered, the applicant
will work with staff to provide a quality sign. While not typically permitted in the
residential zones, this free-standing sign is appropriate for a commercial business on El
Camino Real. The sign will not have a confusing message or distracting appearance.
The business will have a single sign.
2. That the opportunity to combine signs for more than one (1) use on a single sign structure
has been considered; and
Fact: There are no other commercial uses requiring free-standing signs in the vicinity.
3. That 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
Fact: The proposed sign is not freeway oriented.
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4. Conformance with all other applicable codes and ordinance of the City, including, but not
limited to, the Zoning Ordinance, General Plan and its several elements, and the
appearance review guidelines.
Fact: See similar findings above.
SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on November 7, 2017 resolved to approve the Conditional Use Permit 2017-
0320 subject to the following:
1. EXHIBIT A: Notice Of Determination
2. EXHIBIT B: Conditions of Approval
3. EXHIBIT C: Site Plan
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
______________________________
Duane Anderson
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
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EXHIBIT A: Notice of Exemption
PLN 2017-1661
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EXHIBIT B: Conditions of Approval
PLN 2017-1661
Conditions of Approval
Autumnly Preschool
3215 El Camino Real
CUP 2017-0320
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
1. Conditional Use Permit 2017-0320 shall be for a child care center use as
described in attached Exhibit C located at 3215 El Camino Real (assessor’s
parcel number 049-163-017), 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 that time, an appeal to the decision is filed as set forth in
Section 9-1.111(b) of the Zoning Ordinance.
Ongoing PS
3. The Community Development Department shall have the authority to approve the
following minor changes to the project that (1) modify the site plan project by less
than 10%, (2) result in a superior site design or appearance, and/or (3) address a
construction design issue that is not substantive to the conditional use permit.
Ongoing PS
4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months
after its effective date. The approval shall expire and become null and void
unless the project has received a building permit, business license or a time
extension.
BP or BL PS
5. The owner and 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 this
conditional use permit.
Ongoing CA
Planning Services
6. The child care center shall be limited to a total capacity of thirty-five (35) students.
Increasing the capacity of the center shall require an amendment to this
conditional use permit.
Ongoing PS
7. Six (6) -foot tall fences or walls in good condition shall be maintained between the
child care center and adjacent residential uses. Outdoor play areas shall be
enclosed with fencing a minimum of four (4) feet in height.
Ongoing PS
8. Any fence placed within the front setback shall be at least 20 feet from the front
property line and a maximum of 6 feet in height.
BP PS
9. The owner shall provide a minimum of eight (8) parking spaces located on a
concrete or asphalt surface. All parking spaces shall meet minimum parking and
loading requirements of Atascadero Municipal Code Section 9-4.114, including,
but not limited to, parking space dimensions, striping, slope, and back-up aisle
dimensions.
BP PS
10. The owner shall provide a paved driveway at least twenty (20) feet in width or as
approved by the City Fire Marshall.
BP PS, FD
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11. The owner shall provide signage informing clients of acceptable and
unacceptable parking areas to prevent impacts to the residents of neighboring
properties.
BP PS
12. One (1) twenty-four (24) square-foot single-tenant freestanding or ground
monument sign (as described in AMC Section 9-15.008) shall be permitted. The
sign may be placed within the front setback. The top of the sign shall not exceed
six (6) feet in height (measured as the vertical distance from the from the top of
the structure to the highest point of the finished grade under the sign). The sign
shall be separated from any front fence by at least one (1) foot. The sign shall be
oriented generally perpendicular to El Camino Real and have sign copy on two
(2) sides. The owner shall provide landscaping at the base of the sign. The sign
shall not impair sight distance.
BP PS
13. The owner shall work with staff to provide a landscaping and irrigation plan, in
compliance with adopted water efficient landscape standards, which includes:
Landscaping between the front property line and any front fence, or the
entire front setback, whichever is greater; and
Landscaping of the southern side property line between the property line
and driveway; and
Re-vegetation of any cut or fill slopes associated with the parking area; and
Landscaping of the northern side setback unless fence is placed on the
property line; and
Between the parking area and outdoor play area where space permits, and
Shade trees at a thirty (30) –foot interval adjacent to the parking area (s);
and
Street trees at a thirty (30) –foot interval adjacent to El Camino Real, not
including the area occupied by the existing oak trees. Redwood is not an
acceptable street tree.
BP PS
14. The owner shall consult with a certified arborist to prune the large oak tree at
the entry to the property to improve the health of the tree and to provide
improved sight distance for cars exiting the property.
BP PS
15. The landscaping and irrigation plan shall be implemented before occupancy
may occur, or a bond or similar financial guarantee shall be provided by the
owner to the City.
BP PS
16. A garbage enclosure shall be provided outside the front setback and in
conformance with AMC Section 9-4.129.
BP PS
17. All exterior lighting shall conform to the lighting standards of AMC Section 9-
4.137 including providing shielding where appropriate to prevent light spill on
neighboring uses.
Ongoing PS
18. Any exterior light fixtures installed on a post more than 2 feet in height shall be
turned off at the close of business or eight (8) o’clock each day, whichever is
earlier.
Ongoing PS
19. Any exterior lights installed on the building shall not be used after ten (10) pm
each day except with a motion detecting sensor that may turn on the light
briefly for safety purposes only.
Ongoing PS
20. The child care center use shall conform to the standards of the City Noise
Ordinance (Atascadero Municipal Code Title 9, Chapter 14).
Ongoing PS
Building Services
21. New buildings shall conform to all Building Code requirements including
permitting, room sizes, restrooms, exiting, path of travel, etc. Inclusion of the floor
plan with this conditional use permit does not provide relief from standard Building
Codes in place at the time of submittal of building permits.
BP BS
22. The owner or applicant shall obtain a building permit prior to beginning any
demolition or construction work on site.
BP BS
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Public Works
23. The applicant must demonstrate that the existing on-site wastewater disposal
system has sufficient size and capacity to serve the new use. Said system
cannot be expanded or modified to accommodate the new use. If modification
or expansion is required, the system shall be abandoned and the subject
property shall connect to the public sewer in El Camino Real.
24. New frontage improvements are required to be installed, consistent with City
Standards, if any remodel of the existing structure exceeds 25 -percent of the
total value of all existing site improvements as determined by the County
Assessor. Should frontage improvements be required, improvements shall
consist of:
a. An integral curb-gutter-sidewalk, and driveway approach, per City
Standards, aligned to provide a roadway width of 84-feet curb to curb or to
the satisfaction of the City Engineer
b. Pavement widening on El Camino Real to match the new frontage
improvements.
c. A pavement transition or other similar improvements necessary to
integrate the new road improvements with the existing improvements
located on either side of the subject property. Pavement tapers shall be a
minimum length to width ratio of 5:1, unless approved otherwise by the
City Engineer.
A public improvement plan would be required, prepared by a registered
civil engineer, and shall include at a minimum a Title sheet, Topographic
Survey, Plan & Profile sheet(s), typical cross section, actual cross
sections spaced sufficiently to demonstrate the design integrates with the
existing pavement (25 – 50 feet intervals), construction notes, details, and
erosion control sheets.
25. If City Standard frontage improvements are not required by condition 23
above, the owner shall provide a minimum 8-foot width roadbase shoulder
adjacent to the asphalt paving of El Camino Real designed to the satisfaction
of the City Engineer. An encroachment permit shall be required for work within
the El Camino Real right-of-way.
26. If City Standard frontage improvements are not required by condition 23
above, the owner shall build a new driveway approach to City Standard. An
encroachment permit shall be required for any work within the El Camino Real
right-of-way.
27. Upon submittal of an application for a building permit that includes new or
replaced impervious surfaces, a Storm Water Control Plan (SWCP) must be
completed and filed with the City in accordance with the State regulations
(Regional Water Quality Control Board Res. No. R3-2013-0032). If a SWCP is
required, it must be prepared using the City standard form available from the
Building Permit Counter.
Fire Department
28. If the driveway is 150 feet or longer, the owner shall provide a fire engine
turnaround.
BP FS
29. The owner shall provide an automatic fire alarm system designed to NFPA 72
standards.
BP FS
29
ITEM 2 | 11/07/2017
Child Care Center
PLN 2017-1661 / Hanlon
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
EXHIBIT C: Site Plan
PLN 2017-1642
Provide street trees
at a 30-foot interval
Provide a minimum
of 8 on-site parking
spaces on a paved
surface
Provide a driveway at
least 20-feet wide
Provide shade trees
at a 30-foot interval
adjacent to the
parking area
Additional parking
may be provided here
if outside the access
easement and the
area is not required for
a fire department
turnaround
Provide frontage
improvements or a
new driveway
approach depending
on the valuation of
improvements
30
ITEM 3 | 11/07/2017
Zoning Text Amendments
PLN 2017-1650 / City of Atascadero
Atascadero Planning Commission
Staff Report - Community Development Department
Phil Dunsmore, Community Development Director, 470-3488, pdunsmore@atascadero.org
Katie Banister, Assistant Planner, 470-3480, kbanister@atascadero.org
Title 9 Planning and Zoning Text Amendments
PLN 2017-1650
(City of Atascadero)
SUBJECT:
This action consists of proposed Zoning Ordinance Text Amendments to correct errors
and inconsistencies IN Title 9, Zoning Regulations of the City of Atascadero.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt Resolution PC 2017-A,
recommending the City Council introduce an ordinance for first reading, by title only, to
approve PLN 2017-1650, 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(b)(3). No
significant environmental impact.
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DISCUSSION:
Background:
In August of 2016, the Planning Commission recommended the City Council adopt a
substantial update to the zoning regulations, which included changes to land use
definitions and “clean-up” of inconsistencies between the code and the general plan. In
September of 2016, the City Council approved these amendments. At that time, staff
noted that an annual update of the zoning regulations may be essential to continue to
keep the document responsive to the community while maintaining consistency with the
General Plan. Since that major update, staff has discovered additional cleanup items
that need to be addressed.
Staff endeavors to bring amendments to the Planning Commission and City Council to
address these issues on an annual basis or as the need arises. The primary intent is to
maintain a set of zoning regulations that implement the City’s General Plan while
creating an accurate document that is easily interpreted by both the publi c and staff.
Analysis:
The following discussion summarizes the proposed text updates/clarifications as
illustrated in the following categories:
1. Clean-up of inconsistencies
Staff proposes minor amendments to correct inaccurate cross references and
inconsistencies. The proposed amendments include the following (see Attachment 1):
Correct references to "adjustments”, which are now termed ”administrative use
permits” (Section 9-1.112), and the chapters of the Zoning Ordinance that may
be modified through an administrative use permit (multiple sections); and
Correct references to the old native tree regulations (formerly Section 4 -4.155,
now Chapter 9-11) (multiple sections); and
Eliminate redundant use of the word “that” in the required findings fo r conditional
use permits (Section 9-2.110); and
Apply the correct name to the high density multiple-family zoning district to reflect
the existing maximum density (RMF-24) (multiple sections); and
Correct references to the United States Department of Agriculture Soil
Conservation Service (SCS), which is now the Natural Resources Conservation
Service (NRCS) (Article 2 of Chapter 9-3); and
Correct the numbering of footnotes in the non-residential land use table (Section
9-3.330); and
Correct a typo in the “general retail” land use category requiring a conditional use
permit for projects 50,00 square feet in size (should read 50,000 square feet) in
the non-residential land use table (Section 9-3.330); and
Correct the Special Use Regulation reference for “temporary or seasonal sales”
(Section 9-3.330); and
Correct the misspelling of “contract construction services” in the non-residential
land use table (Section 9-3.330); and
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Provide clarification to the “Sloping Lot Adjustment” subsection (Section 9-4.106);
and
Correct references to the old Sign Ordinance section numbers (Section 9 -3.347,
Section 9-6.105); and
Correct references to the incorrect special-use section for schools in the
“required number of parking spaces” section (reads Section 9-6.123, should be
Section 9-6.125) (Section 9-4.118); and
Correct references to the old noise regulations (formerly Section 9-4.143, now
Chapter 9-14) (Section 9-6.105); and
Correct a reference to special use standards for agricultural accessory structures
(formerly Section 9-6.112, should be Section 9-6.109) (Section 9-6.106); and
Correct a reference to a special use standard (Section 9 -6.128), which should be
a reference to the development standard for fencing and screening (Section 9 -
4.128) (Section 9-6.106); and
Correct section titles in the agricultural uses: specialized section (Section 9-
6.108); and
Expand the animal hospital special use standards to apply in all commercial
zones where animal hospitals are permitted (Section 9 -6.110); and
Correct a poorly calculated example for farm Animal Equivalency Units (Section
9-6.112); and
Rename the “roadside stands” special-use section to “agricultural produce
stands” and expand the residential zones where the standards apply in
conformance with the Chapter 3 allowable land uses tables (Section 9-6.117);
and
Within the sign regulations, correct inconsistent language describing zoning
districts (section 9-15.008); and
Correct inconsistencies between the allowed signs by zone table (Table 15.1)
and types of signs and standards table (Table 15.2) (Sections 9-15.007 and 9-
15.008).
2. Land use definitions and uses allowed in zoning districts
The proposed refinements to the land use definitions fix inconsistencies and errors that
were identified following the significant updates that occurred last year with the overhaul
of the zoning regulations. The past year has allowed staff the chance to put the new
definitions to use, thereby allowing staff to discover where refinements are necessary:
Replace “medical marijuana cultivation” with “personal cannabis cultivation” to
comply with state law and recent code adoption (Section 9-3.230); and
Allow “parks and playgrounds” in all residential zoning districts with approval
of an administrative use permit (Section 9-3.330); and
Remove the error that indicates “livestock specialties” is an allowed use in
the commercial zoning districts (Section 9-3.330); and
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Provide clarity to the definitions of “amusement services” and “indoor
recreation services” and where the uses are permitted (Section 9-3.330 and
9-3.500); and
Correct the text to indicate that temporary events are an allowed use in the
downtown and require a conditional use permit for temporary uses with a long
set-up or break-down period (Section 9-3.330); and
Allow “eating and drinking places” and “microbrewery – brewpub” in all
commercial and industrial zoning districts (Section 9-3.330); and
Conditionally allow “tasting room” in the Downtown Office and Industrial Park
zoning districts (Section 9.3.330); and
Add clarification to where smoke shops may not be allowed by c reating the
“retail sales – restricted” land use definition to include pawn shops and smoke
shops, and specifying that they be allowed in the same zoning districts as
“personal services – restricted” (Sections 9-3.330 and 9-3.500); and
Allow “animal hospitals” in the Commercial Professional zoning district when
no animals are housed overnight (Section 9-3.330); and
Allow daycare centers for children and adults in the Commercial
Neighborhood zoning district and remove them from the Commercial Service
zoning district (Section 9-3.330); and
Allow “small family day care” and conditionally allow “large family day care” in
some commercial zones within conforming and legal non -conforming
residences (Section 9-3.330); and
Remove “large family day care” as an allowed use in the Downtown Office
zoning district where residential uses are not permitted (Section 9 -3.330); and
Add “laundromat / coin-operated laundry” as a separate land use definition
(Sections 9-3.330 and 9-3.500); and
Add note to the “parking lot” land use definition that long term parking is
classified as a “vehicle and equipment storage” (9-3.500), and
Move card rooms and billiard and pool halls from “amusement services” to the
“personal services – restricted” land use category. Currently, amusement
services are not an allowed use within the C-T zone, where Outlaws
Cardroom is located. This amendment would allow Outlaws to be a
conforming use. (Section 9-3.500); and
Differentiate between “business support services” and “contract construction
services” (Section 9-3.500); and
Clarify language limiting the “general retail” land use to occur primarily within
a building, and add note that stores selling certain types of merchandise are
considered “retail sales-restricted” (Section 9-3.500); and
Clarify confusing language in the definition of “health care services” regarding
unlicensed professionals (Section 9-3.500).
3. Modification of development standards
Staff proposes the following clarifications to development standards, which provide
details on how various land uses must provide for items such as setbacks, parking,
density and other physical limitations. The clarifications proposed below align the
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zoning with the current general plan and provide clarity to the RMF zone density,
flag lots and parking for offices.
Illustrate existing minimum and maximum density on slopes in the High-
Density Multiple-Family zoning district (Section 9-3.252); and
Add clarity to the definition of a front setbacks for flag lots (Sections 9-4.106);
and
Remove the requirement to increase interior setbacks when adjusting the
allowed height of buildings (Section 9-4.113); and
Remove the definition of the term “office space” in the “required number of
parking spaces” section and eliminate the per-office parking requirements for
offices, instead requiring parking based on total area similar to other land
uses (Section 9-4.118); and
Add a definition for flag lot and correct figure numbering errors caused by
adding a figure for flag lot (Section 9-9.102).
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.
CONCLUSION
The proposed text amendments are consistent with the General Plan and are part of
annual effort to align the zoning regulations with City policy while ensuring the City has
an accurate and legible code. Each year, a series of zoning amendments will be
explored in order to keep the zoning ordinance a “living document” that can be
responsive to economic development and the latest changes to state and local policies.
At a later date, staff will be returning with amendments that will examine ground-floor
downtown land uses and storage uses along Highway 101 and El Camino Real i n an
effort to continue to stimulate economic development , while maintaining a high quality
commercial core.
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ITEM 3 | 11/07/2017
Zoning Text Amendments
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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
proposed revisions and may refer the item back to 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: Proposed Zoning Regulation Amendments with Tracked
Changes
Attachment 2: Draft Resolution 2017-A
T:\- 17 PLNS\PLN 2017-1650 ZCH\PLN 2017-1650_SR.PC.kb.docx
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ITEM 3 | 11/07/2017
Zoning Text Amendments
PLN 2017-1650 / City of Atascadero
ATTACHMENT 1: Proposed Zoning Regulation Amendments with Tracked Changes
PLN 2017-1650 / ZCH 2017-0186
9-1.112 Administrative use permit.
An administrative use permit is intended to allow for public review of land use proposals
which are not of sufficient magnitude or complexity to warrant a Planning Commission hearing,
but which could have a noticeable impact in the neighborhood. It provides flexibility in the
regulation of certain standards set forth in Chapters 9-4, 9-6, 9-14 and 9-15 of this title. This
procedure ensures public review of proposed uses so that they will be compatible with existing
or desired conditions in their neighborhoods.
(a) When Allowed. When a standard of Chapter 9-4, 9-6, 9-14 or 9-15 identifies specific
circumstances under which reduction or modification of the standards may be appropriate, an
applicant may make application for an administrative use permit.
9-2.108 Plot plan.
A plot plan is a ministerial approval. When a plot plan is required by this title to authorize a
project proposal, its approval certifies that the land use or development will satisfy all applicable
provisions of this title. Plot plan approval is required when a development or use of land is listed
in a particular zoning district as an allowable use and when it is determined by the Planning
Director that the development project, or the establishment of a use of land which is not a
development project, is eligible for a categorical exemption pursuant to Public Resources Code
Section 21084 and the State EIR Guidelines. Approval of a plot plan enables issuance of a
building permit under Title 8 of this Code, or the establishment of a land use which does not
require a building permit, but is still subject to the standards of this title.
(a) Plot Plan Application. Plot plan applications shall include the forms provided by the
Planning Department, and the drawings listed in subsection (b) of this section. Drawings must be
neatly and accurately prepared and at a scale acceptable to the Planning Director which will
enable ready identification and recognition of submitted information.
(b) Plot Plan Content. Drawings filed with plot plan applications shall include the
following, using multiple sheets if necessary:
(1) Site Location and Dimensions. Location, exterior boundaries and dimensions of the
entire property which is the subject of the application shall be depicted. The scale of the drawing
and a north arrow shall be indicated. An area location map showing the proposed project site and
its distance from nearby cross streets, and natural or man-made landmarks, as necessary to
readily locate the site, may be included.
(2) Street Improvements. The location, name, width, and pavement type of adjacent
street(s) or alleys as well as the location of existing or proposed curbs, gutter or sidewalk
improvements, if any, shall be indicated.
(3) Buildings and Structures. The location, dimensions, and use of all existing and
proposed structures on the property, including accessory structures, decks, balconies, fences,
walls and other structural elements that protrude into yard areas shall be indicated. When the use
of a proposed structure is not certain at the time of application, the occupancy-type as defined by
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the Uniform Building Code may be substituted for use. The height of buildings and structures
and elevations (relative height) of the finish floor to the edge of the pavement or road at the
driveway entrance shall be shown.
(4) Utilities. The location, dimensions and type of utilities proposed including water
supply, sewage disposal facilities, electricity, gas or similar shall be shown.
(5) On-Site Improvements. The location and dimensions of existing or proposed
driveways and parking areas (enclosed or open), including type of surfacing materials, and
identification of any driveway grades over twelve percent (12%) shall be made. The location and
dimensions of areas proposed for grading and landscaping shall also be indicated.
(6) Landforms. The generalized location of any major topographic or man-made features
on the site, such as rock outcrops, bluffs, streams and watercourses, or graded areas shall be
shown.
(7) Additional Information. Shall be included with plot plan applications in the following
specific cases:
(i) Grading Plan. When required by Section 9-4.138;
(ii) Drainage Plan. When required by Section 9-4.148;
(iii) Sign Information. When any use is proposed to have signs, a description of their
location, size, design and copy shall be provided;
(iv) Trees. Applications shall show the location of trees existing on the site in or within
fifty (50) feet of the area proposed for grading or other construction, which are eight (8) inches
or larger in diameter at four (4) feet above natural grade. Trees proposed to be removed shall be
specifically identified. Any tree removal is subject to the requirements of Section 9-4.155
Chapter 9-11.
(c) Plot Plan Review and Approval. The Planning Director shall approve a plot plan
application when the proposed project or use satisfies all applicable provisions of this title. (Ord.
552 § 2, 2010; Ord. 68 § 9-2.107, 1983)
9-2.110 Conditional use permit.
(b) Because of the intensity of such uses, public review and input into decisions on
whether to approve such proposals is needed. That input is given in a public hearing before the
Planning Commission. The conditional use permit is a discretionary approval and the Planning
Commission may approve or disapprove a conditional use permit or may adopt additional
conditions of approval. Conditional use permit applications may be denied by the Planning
Commission because of specific findings identified through public hearing testimony or because
of provisions of this title. When conditional use permit approval is required, preparation and
processing of the application shall be as follows:
(1) Conditional Use Permit Content. The content of a conditional use permit application is
to be the same as required for the precise plan use by Section 9-2.109(a).
(2) Conditional Use Permit Processing. Conditional use permit applications shall be
submitted to the Planning Department and shall be processed as follows:
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(i) Environmental Determination. A conditional use permit application accepted for
processing as set forth in Section 9-2.102 shall receive an environmental determination as
required by the California Environmental Quality Act (CEQA). The Planning Department shall
process the application concurrently with the environmental determination.
(ii) Staff Report. The Planning Department shall prepare a staff report which:
a. Describes the characteristics of the proposed land use or development project, as well
as the project site and its surroundings; and
b. References applicable policies and regulations; and
c. Determines whether the proposed use or project satisfies at minimum the provisions of
this title; and
d. Recommends whether, and on what basis the proposal should be approved,
conditionally approved or disapproved.
(iii) Public Hearing. The Planning Director shall schedule the conditional use permit for
public hearing before the Planning Commission as set forth in Section 9-1.110.
(3) Approval. The authority to take final action on a conditional use permit as set forth in
this subsection is assigned to the Planning Commission, provided that such decisions may be
appealed to the City Council (Section 9-1.111, Appeal).
(i) Conditions of Approval. After the conclusion of a public hearing, the Planning
Commission may approve, conditionally approve, or disapprove the conditional use permit. In
conditionally approving a conditional use permit, the Planning Commission shall designate such
conditions to satisfy any requirements of CEQA, and to:
a. Secure compliance with the objectives and requirements of this title and the General
Plan; and
b. Designate time limits or phasing schedules other than those specified in Section 9-
2.112 for the completion of projects when deemed appropriate.
(ii) Additional Conditions. In addition to the conditions of Section 9-2.110(b)(3)(i), the
Planning Commission may adopt other conditions, including but not limited to:
a. Requiring that security be provided to guarantee performance and/or compliance with
conditions of approval, as set forth in Section 9-2.121;
b. Requiring installation of specific on-site or off-site improvements;
c. Requiring periodic review or limiting the permit to a specified period of time;
d. Requiring that the permit be personal to the applicant or be applicable to the property;
e. Any other conditions as are judged by the Planning Commission to be necessary to
achieve compatibility between the proposed use and its site, its immediate surroundings, and the
community.
(iii) Effect of Conditions. Whenever a conditional use permit approval is granted or
amended subject to conditions, use or enjoyment of the conditional use permit approval in
violation, or without observance of any conditions shall constitute a violation of this title. In the
event of such a violation, the approval may be revoked or modified as provided in Section 9-
8.105. The duration of conditions is established in Section 9-2.118. Any change in the conditions
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of approval of a conditional use permit shall only be allowed after following all procedures
undertaken for the original approval.
(iv) Required Findings. If the Planning Commission approves or conditionally approves a
conditional use permit, it shall first find that:
a. The proposed project or use is consistent with the General Plan; and
b. The proposed project or use satisfies all applicable provisions of this title; and
c. 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
d. That the proposed project or use will not be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development; and
e. That the proposed use or 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
f. That the proposed project is in compliance with any pertinent city policy or criteria
adopted by ordinance or resolution of the city council; and
g. Any additional findings deemed necessary.
9-3.104 Symbols used.
(c) Density in Residential Multiple-Family Zoning District. A number specifying the
maximum permitted number of dwelling units per net acre in multiple-family residential zoning
districts shall be appended to the base zoning district to designate the density on the official
zoning maps (Section 9-1.102). Example: Residential Multiple-Family allowing twenty-four
(204) units per net acre within a Historic Site overlay area would show on the official zoning
maps as RMF/204 (HS).
9-3.230 Agriculture & Residential district allowable land uses.
Table 3-1 identifies the uses of land allowed this Zoning Code in each agriculture and
residential district, and the planning permit required to establish each use, in compliance with
Section 9-1 and Section 9-2 of this code. Where the last column in the tables (“Specific Use
Regulations”) includes a section number, the regulations in the referenced section apply to the
use. Provisions in other sections of this article may also apply.
Table 3-1 – Agriculture & Residential Land Uses
Allowed Land Uses and Permit Requirements
Agriculture / Residential Zones
A Allowed Use, Zoning Clearance Required
AUP Administrative Use Permit
CUP Conditional Use Permit Required
Not Permitted
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Permitted Uses By Zones Special Use
Regulation(s)
A RS RSF LSF RMF
Agricultural Related Uses
Agricultural Accessory Uses A A A 9-6.109
Agricultural Produce Stands A A A AUP AUP 9-6.117
Agriculture Employee Housing A 9-6.107
Farm animal raising A A A AUP 9-6.112
Horticultural specialties A A 9-6.116
Large Scale Ag Manufacturing A CUP 9-6.103
Livestock Specialties A CUP 9-6.115
Medical Marijuana Personal Cannabis
Cultivation
A A A A A 9-6.186 9-17
Small Scale Ag Processing A A A AUP AUP 9-6.103
Natural Resources and Processing
Resource Extraction CUP CUP 9-6.147- 9.6-61
Residential Uses
Multi-Family Housing A 9-3.175
Manufactured Home / Mobile Home A A A A A 9-6.143
Mobile Home Parks CUP CUP CUP CUP 9-6.142, 9-6.143
Organizational Houses CUP CUP CUP CUP 9-3.175
Residential accessory uses A A A A 9-6.106
Single-family dwelling A A A A 9-6.143, 9-6.184
Secondary Residential Units A A A 9.5
Temporary dwelling A A A A 9-6.175
Recreation, Education, & Public Assembly
Churches and related activities CUP CUP CUP CUP 9-6.121
Parks & Playgrounds AUP AUP AUP AUP
Schools CUP CUP CUP CUP 9-6.125
Schools – Business and Vocational CUP CUP CUP CUP 9-6.125
Temporary events A A A A A 9-6.177
Tourism, Lodging, & Dining
Bed and Breakfast CUP CUP CUP CUP
Services-Professional
Day Care – Small Family Day Care Home A A A A 9-6.125
Day Care – Large Family Day Care / Child
Care Center
CUP CUP CUP CUP 9-6.125
Kennels CUP CUP 9-6.111
Medical Extended Care Services, six (6)
clients or less
A A A CUP 9-6.134
Medical Extended Care Services, seven
(7) clients or more
CUP CUP CUP CUP 9-6.134
Residential Care, six (6) clients or less A A A A 9-6.135
Residential Care, seven (7) clients or
more
CUP CUP CUP CUP 9-6.135
RCFE – Assisted Living, six (6) clients or
less
A A A A 9-6.135
RCFE – Assisted Living, seven (7) clients
or more
CUP CUP CUP CUP 9-6.135
RCFE – Independent Living Center / CUP
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Table 3-1 – Agriculture & Residential Land Uses
Allowed Land Uses and Permit Requirements
Agriculture / Residential Zones
A Allowed Use, Zoning Clearance Required
AUP Administrative Use Permit
CUP Conditional Use Permit Required
Not Permitted
Permitted Uses By Zones Special Use
Regulation(s)
A RS RSF LSF RMF
Senior Apartments
RCFE – Retirement Hotel CUP
Transportation, Infrastructure & Communication
Pipelines Utility Infrastructure CUP CUP CUP CUP CUP
Utility Transmission Facilities A A A A A
Wireless Communication Facilities CUP CUP CUP CUP CUP
Notes:
Zoning Districts Abbreviations
A – Agriculture; RS-Residential Suburban ; RSF-Residential Single Family Residential ; LSF – Limited
Single Family Residential ; RMF – Residential Multi-Family
(Ord. 602 § 2, 2016)
9-3.242 Minimum lot size—RS Zone.
The minimum lot size in the Residential Suburban Zone shall be two and one-half (2 1/2)
acres and may range up to ten (10) acres depending upon conformance with performance
standards established in this section.
(a) Performance Standards. The following performance standards shall be evaluated for
each lot in determining its minimum lot size:
(1) Distance from the Center of the Community. Using the Atascadero Administration
Building as the center of the community, the lot size factor based on this performance standard
shall be:
Distance* Lot Size Factor
0 — 8,000′ 0.20
8,000′ — 10,000′ 0.25
10,000′ — 12,000′ 0.30
12,000′ — 14,000′ 0.40
14,000′ — 16,000′ 0.50
16,000′ — 18,000′ 0.60
18,000′ — 20,000′ 0.75
20,000′ + 0.90
* To be measured as radial distance using map maintained in Planning Department.
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(2) Septic Suitability. Using generalized soils data from the Soil Natural Resources
Conservation Service Reports, the lot size factor based on this performance standard shall be:
SNRCS Rating* Lot Size Factor
Well suited 0.50
Moderate 0.75
Slow 1.00
Severe 1.50
* Refer to map maintained in Community Development Department.
Percolation tests may be substituted for the Soil Natural Resources Conservation Service
Reports. These shall be prepared by a registered civil engineer or licensed sanitarian. The
following conversion chart shall be used to determine the appropriate lot size factor:
9-3.243 Minimum lot size—RSF Zone.
(a) Performance Standards. The following performance standards shall be evaluated for
each lot which is appended with the “Z” symbol in determining its minimum lot size:
(1) Distance from the Center of the Community. Using the Atascadero Administration
Building as the center of the community, the lot size factor based on this performance standard
shall be:
Distance* Lot Size Factor
0—4,000′ 0.08
4,000′—6,000′ 0.10
6,000′—8,000′ 0.12
* To be measured as radial distance using map maintained in the Planning Department.
(2) Septic Suitability. Using generalized soils data from the Soil Natural Resources
Conservation Service Reports, the lot size factor based on this performance standard shall be:
SNRCS Rating* Lot Size Factor
Well suited 0.30
Moderate or slow 0.50
Severe 0.70
* Refer to map maintained in Community Development Department.
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Percolation tests may be substituted for the soil conservation service Natural Resources
Conservation Service reports. These shall be prepared by a registered civil engineer or licensed
sanitarian. The following conversion chart shall be used to determine the appropriate lot size
factor:
9-3.244 Minimum lot size—LSF Zone.
(a) Performance Standards. The following performance standards shall be evaluated for
each lot which is appended with the “Z” symbol in determining its minimum lot size:
(1) Distance from the Center of the Community. Using the Atascadero Administration
Building as the center of the community, the lot size factor based on this performance standard
shall be:
Distance* Lot Size Factor
0—4,000′ 0.08
4,000′—6,000′ 0.10
6,000′—8,000′ 0.12
* To be measured as radial distance using map maintained in the Planning Department.
(2) Septic Suitability. Using generalized soils data from the Soil Natural Resources
Conservation Service Reports, the lot size factor based on this performance standard shall be:
SNRCS Rating* Lot Size Factor
Well suited 0.30
Moderate or slow 0.50
Severe 0.70
* Refer to map maintained in Community Development Department.
Percolation tests may be substituted for the Soil Natural Resources Conservation Service
Reports. These shall be prepared by a registered civil engineer or licensed sanitarian. The
following conversion chart shall be used to determine the appropriate lot size factor:
9-3.252 Density—RMF Zone.
The maximum allowable density in the Residential Multiple-Family Zone shall be
designated on the official zoning maps as provided by Section 9-3.104(c) and be consistent with
the General Plan for new residential subdivisions as follows:
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(a) Areas Designated Low Density Multiple-Family Residential. The minimum number of
dwelling units per net acre is two (2). The maximum number of dwelling units per net acre is ten
(10).
(b) Areas Designated High Density Multiple-Family Residential. The minimum number
of dwelling units per net acre is twenty (20). The maximum number of dwelling units per net
acre is twenty-four (24).
(c) Hillside Density Standards. The densities permitted by subsections (a) and (b) of this
section shall be modified to the following densities based on site topography, as follows:
Average Slope Low Density
Multiple-Family
(units/acre)
High Density Multiple-Family (units/acre)
Minimum Maximum
0—10.99% 10 20 24
11—15.99% 7 14 17
16—20.99% 5 10 12
21—25.99% 3 6 7
26—30.0% 2 4 5
> 30% 1 2 2
(d) For medical extended care services, where residents are primarily nonambulatory, the
following maximum bed/net acre densities may be permitted, where subject to Planning
Commission conditional use permit approval:
RMF-10 District 34 beds/net acre
RMF-240 District 55 beds/net acre
9-3.262 Property development standards—RMF.
(i) RMF-204 properties identified in Appendix 1, Table V-45 (Vacant Residential Parcels
RMF-20), of the General Plan Housing Element shall be permitted “by right” and will not be
subject to conditional use permit or specific plan. Proposed planned development projects or
other relief from property development standards on these parcels shall be subject to
discretionary review per the requirements of the Municipal Code.
(Ord. 602 § 2, 2016)
9-3.330 Nonresidential district allowable land uses.
Table 3-2 identifies the uses of land allowed by this Zoning Code in each nonresidential
district, and the planning permit required to establish each use, in compliance with Chapters 9-1
and 9-2 of this code. Where the last column in the tables (“Specific Use Regulations”) includes a
section number, the regulations in the referenced section apply to the use. Provisions in other
sections of this article may also apply.
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Table 3-2 – Non-Residential Use Table
Allowed Land
Uses and Permit
Requirements
Non-Residential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Use Permitted Uses By Zones Special Use
Regulation(
s)
CN CP CR CS CT CPK DC DO IP I
Agricultural Resources
Agricultural
Produce Stands
A A A A 9-6.117
Farm Equipment
& Supplies
A A A A A
Farmer’s Market CUP CUP CUP CUP CUP A A
Horticultural
specialties
A A A A A 9-6.116
Large Scale Ag
Manufacturing
CUP CU
P
A 9-6.103
Livestock
Specialties
A CUP 9-6.115
Residential Uses
Age Restricted
Housing
CUP
Care Taker’s
Residence /
Employee Unit
CUP CUP CUP
Live/Work Unit A31
Multi-family
Dwellings
CUP12 CUP2 CUP12 CUP2 A31 A31
Single-family
dwelling
A31 A31
Single-Room
Occupancy Units CUP 9-6.184
Recreation, Education, & Public Assembly
Amusement
Services
CUPA CUPA CUPA A A A
Churches &
Related Activities
CUP CUP 9-6.121
Indoor
Recreation
Services
CUP CUP CUP A
A A CUP CU
P
CU
P
Libraries,
Museums
A A A A A A
Membership
Organizations
A A CUP CUP
Outdoor
Recreation
Services
CUP CUP A 9-6.123
Parks &
Playgrounds
A A
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Table 3-2 – Non-Residential Use Table
Allowed Land
Uses and Permit
Requirements
Non-Residential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Use Permitted Uses By Zones Special Use
Regulation(
s)
CN CP CR CS CT CPK DC DO IP I
Public Assembly
& Entertainment
CUP CUP A CUP CUP
Schools -
Business &
Vocational
A A A A CUP CUP CU
P
CU
P
9-6.125
Schools A A A CUP CUP 9-6.125
Recreation, Education, & Public Assembly
Social & Service
Organizations
A A A
Sports Assembly CUP CUP A
Temporary
Events
A/CUP
3
CUP A/CUP
3
A/CUP
3
A/CU
P 3
A/CUP
3
A/CUP
3
A/CUP
3
A A 9-6.177
Tourism, Lodging, & Dining
Bar/Tavern CUP CUP CUP A
Bed and
Breakfast
CUP CUP CUP CUP
Drive-Through
Sales or
Services
CUP CUP CUP CUP CUP CUP 9-4.122
Eating &
Drinking Places
A A A A A A A A A A
Hotels, Motels CUP A A A CUP
Microbrewery -
Brewpub A CUP A A A A A A A CU
P A
Recreational
Vehicle Parks
A 9-6.180
Tasting Room A CUP A A A A A CUP CU
P
CU
P
Retail Trade and Sales54
Accessory
Storage
A A A A A A A 9-6.103
Adult Oriented
Business
A A A A 9-16
Artisan Foods
and Products
A A A A45 A A
Auto Dealers
(New & Used) &
Supplies
CUP CUP CUP CUP CUP 9.6.163
Building
Materials &
A A A A A A 9-6.165
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Table 3-2 – Non-Residential Use Table
Allowed Land
Uses and Permit
Requirements
Non-Residential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Use Permitted Uses By Zones Special Use
Regulation(
s)
CN CP CR CS CT CPK DC DO IP I
Hardware
Fuel Dealer A A A A A 9-6.129
General Retail A A A A A A A
General Retail
greater than
50,000 sf
CUP CUP CUP CUP CUP CUP CUP
Mobile eating
and drinking
vendors6
A A A A A A A A
Retail Sales -
Restricted
A CUP CUP
Sales Lots CUP CUP CU
P
CU
P
9-6.139
Service Stations CUP CUP CUP A 9-6.164
Temporary or
Seasonal Sales
A A A A A A A A A 9-6.1746
Services-Business, Financial & Professional
ATM A A A A A A A A A A
Financial
Services &
Banks
A A A A A A CUP A
Government
Offices &
Facilities
A A A A A A A A A A
Health Care
Services
A A A CUP A A A
Offices A A A A A A A A
Temporary
Offices
A A A 9-6.176
General Services
Animal Hospitals CUP7 CUP A CUP 9-6.110
Auto Repair and
Services
CUP A A CUP A A 9-6.168
Business
Support Services
A A A A A A A A
Contract
Construction
Services
A A8 A A
Day Care
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Table 3-2 – Non-Residential Use Table
Allowed Land
Uses and Permit
Requirements
Non-Residential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Use Permitted Uses By Zones Special Use
Regulation(
s)
CN CP CR CS CT CPK DC DO IP I
Childcare
Center
A A A A CUP 9-6.125
Large Family
Day Care
ACUP
9
ACUP
9
A CUP 9-6.125
Small Family
Daycare
A9 A9 A9 A9 A39
Adult Day
Care Facility
A A A A CUP
Kennels CUP A 9-6.111
Laundromat /
Coin-Operated
Laundry
A A A A A CUP CUP A A
Medical
Extended Care
Services: 6
Residents or
Less
A A 9-6.134
Medical
Extended Care
Services: 7
Residents or
More
A A 9-6.134
Mini-Storage CUP CUP A A
Mortuary
Services
A A
Personal
Services A A A A A CUP A
Personal Service
Restricted
A CUP CUP
Printing &
Publishing
CUP CUP A A A
RCFE – Assisted
Living
A A A 9-6.135
RCFE –
Independent
living / Senior
Apartments
CUP CUP CUP 9-6.135
RCFE –
Retirement Hotel
CUP CUP CUP 9-6.135
Residential Care:
6 Residents or
Less
A31 A31 9-6.135
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Table 3-2 – Non-Residential Use Table
Allowed Land
Uses and Permit
Requirements
Non-Residential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Use Permitted Uses By Zones Special Use
Regulation(
s)
CN CP CR CS CT CPK DC DO IP I
Vehicle &
Equipment
Storage54
CUP CUP A A 9-6.183
Industrial, Wholesale, Manufacturing Uses
Brewery –
Production
CUP CUP A A
Collection
Stations
A A A A A A A A 9-6.130
Laundries & Dry
Cleaning Plants
A A A A
Medical
Research
CUP A A CUP A A
Manufacturing &
Processing -
Low Intensity
CUP CUP A A A A
Manufacturing &
Processing –
High Intensity54
CUP CUP AU
P
AU
P
Recycling &
Scrap
CU
P
CU
P
9-6.131
Recycling
Centers
CU
P
CU
P
9-6.132
Research &
Development
CUP A A CUP A A A
Storage,
Recycling and
Dismantling of
Vehicles and
Material
CUP A A 9-6.131
Warehousing CUP CUP A A
Wholesaling &
Distribution
Center54
AUP AUP A A A A
Winery -
Boutique
A A A A A A A
Winery –
Production
CUP CUP A A
Transportation Communication & Infrastructure
Broadcast
Studios
A A
Data and
Computer
AUP AUP CUP A A
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Table 3-2 – Non-Residential Use Table
Allowed Land
Uses and Permit
Requirements
Non-Residential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Use Permitted Uses By Zones Special Use
Regulation(
s)
CN CP CR CS CT CPK DC DO IP I
Services Center
Parking Lots AUP AUP AUP AUP AUP AUP AUP AUP AU
P
AU
P
Telecommunicati
on Facility
CUP CUP CUP CUP CUP CUP CUP CUP CU
P
CU
P
Transit Stations CUP CUP A CUP CUP CUP CU
P
CU
P
Utility Facilities CUP CUP CUP CUP CUP CUP CU
P
CU
P
Vehicle & Freight
Terminals
CUP CU
P
CU
P
Utility
Infrastructure
A A CUP A A A CUP CUP A A
Notes: (Only t These notes apply only to this tTable 3-2 below).
1 3 Residential uses allowed only on second and third floors, except sites north of Olmeda Avenue . If a project is
required to provide a unit in compliance with the Americans with Disabilities Act, the handicapped accessible
unit may be located on a first floor. A first floor unit shall be located in a non-storefront location within a tenant
space.
1 Multi-family dwellings permitted when located on the second floor or above.
2 Multi-Ffamily dwellings permitted when located on the second floor or above, or within an existing residential
structure of historical significance.
3 Temporary events requiring more than 3 days for onsite setup and teardown require the approval of a
conditional use permit (Section 9-2.110).
4 5 Outdoor commercial and industrial sales and storage developments (as defined by Section 9-9.102) of ten
thousand (10,000) square feet or more require the approval of a conditional use permit (Section 9 -2.110), even
if such a development is listed as an allowable use in a particular zoning district.
5 4 Handcrafted and artisan food production shall be ancillary to the retail component.
6 Mobile Food vending permitted if use is located outside of right-of-way and located on private property
7 When no overnight stays of animals are included.
8 No outdoor storage permitted.
9 Permitted when in association with conforming and legal non-conforming residences.
Zoning District
Abbreviations
CN – Commercial Neighborhood; CP – Commercial Professional; CR – Commercial Retail; CS – Commercial
Service; CT – Commercial Tourist; CPK – Commercial Park; DC – Downtown Commercial; DO – Downtown
Office; IP – Industrial Park ; I – Industrial
(Ord. 602 § 2, 2016)
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9-3.347 DC/DO Zone.
The following are property development standards for both the DC and DO zoning districts,
in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this
title.
Development Feature
Requirement by Zoning District
DC DO
Downtown Commercial Downtown Office
Minimum lot size No minimum
Setbacks Minimum and maximum setbacks required. See Section 9-
4.103 for setback requirement, allowed projections into
setbacks, and exceptions to setbacks.
Front None allowed, except for
building insets designed to
accommodate outdoor eating and
seating areas, and except for East
and West Mall between El
Camino Real and Palma Avenue,
where a minimum of 20 feet is
required.
As required by Section 9-
4.106 when adjacent to a
residential zone, none
required otherwise.
Sides (each) None required
Rear None required
Creek To be determined through Design Review
Height limit 45 feet not to exceed 3 stories; 18
feet on the west side of El
Camino Real between Atascadero
Creek and the lot line common to
Lots 19 and 20, Block H-B,
Atascadero Colony Map.
35 feet
Landscaping As required by Section 9-4.124 et seq. (Landscaping,
screening and fencing)
Off-street parking None required, except as required
by Section 9-4.114 for hotels,
motels, and residential uses, and
for all development east of
Atascadero Creek.
As required by Sections 9-
4.114 et seq.
Signs See Chapter 9-15Section 9-15.005(b)
Density 20 dwelling units/acre maximum 20 dwelling units/acre
maximum
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(Ord. 602 § 2, 2016)
9-3.500 Definitions.
As used in Title 9, the following terms and phrased shall have the meaning ascribed to them
in this Section, unless the context in which they are used clearly requires otherwise.
A. Definitions “A”
Accessory Storage. The indoor or outdoor storage of various materials on the same site as a
principal building or land use which is other than storage, which supports the activities or
conduct of the principal use.
Adult-Oriented Business. Any business defined by Chapter 19 of Title 9 in the Atascadero
Municipal Code, or subsequent code section, as an adult arcade, adult bookstore, adult novelty
store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater,
massage parlor (excluding State-licensed massage therapy), sexual encounter establishment, or
nude model studio is an adult oriented business.
Age Restricted Housing. Residential multifamily or single-family units that restrict
occupancy based on age. This use typically consists of senior housing which restricts age for
fifty-five (55) and older.
Agricultural Accessory Uses. Uses that are customarily part of an agricultural activity
including structures that are designed to house farm implements, hay, grain, poultry, livestock, or
other horticulture products, including noncommercial greenhouse that are incidental and
secondary to a residential use. This does not include garages, workshops, or other similar
residential accessory structures.
Agricultural Produce Stands. Open structures for the retail sale of agricultural products
(except hay, grain and feed sales which are included under “Farm Equipment and Supplies”)
which are grown on the site in residential or agriculture zones. This does not include farmers’
markets or “seasonal sales” located in nonresidential zoning districts, defined under “temporary
sales.”
Agriculture Employee Housing. Includes single-family dwellings, or other lodging
accommodations provided as a part of farming operations, as regulated under the California
Health and Safety Code, employees on land owned by the owner of the building site on which
the lodging is located.
Amusement Services. Establishments providing indoor amusement, or entertainment, or
personal enrichment services on payment of a fee or admission charge, such as: arcades and
coin-operated amusements; card rooms, billiard and pool halls as a primary use; alleys; ice
skating and roller skating; dance halls, and ballrooms which are principal uses rather than being
subordinate to an eating or drinking place; gymnasiums, reducing salons, health and exercise
facilities including yoga, dance, martial arts and similar small studios that do not include courts
or similar facilities; designed for tennis, handball, racquetball or similar indoor participation
sports. and music and arts and crafts instruction. Athletic facilities with basketball, racquetball
or similar indoor participation sports are classified as “indoor recreation services”.
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Animal Hospitals. Establishments primarily engaged in performing services for animals,
including veterinary services and animal hospitals. Does not include kennels, which are listed as
a separate category.
Artisan Foods and Products. An establishment that specializes in artisan food production,
art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, where the facility
includes a retail component.
Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments
selling new and used automobiles, including, but not limited to, light trucks (US DOT Class 1, 2,
and 3), boats (FBSA Class A and Class 1 boats (under twenty-six (26) feet in length)),
recreational vehicles, recreational/utility trailers, motorcycles and mopeds. Also includes
establishments selling new parts and accessories within a building for the above. Does not
include establishments dealing exclusively in used parts. Includes automobile repair shops only
when maintained by establishment engaged in the sale of vehicles on the same site. Does not
include “service stations,” which are separately defined.
Auto Repair and Services. Service establishments primarily engaged in the repair,
alteration, painting, washing or waxing of automobiles, and lube services. May also include
rental of cars, trucks or trailers; leasing of cars and trucks. Does not include repair shops which
are subordinate to and maintained by a vehicle dealership.
Automated Teller Machine (ATM). Computerized, self-service machines used by banking
customers for financial transactions, including deposits, withdrawals and fund transfers, without
face-to-face contact with financial institutions personnel. The machines may be located at or
within banks, or in other locations.
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B. Definitions “B”
Bar/Tavern. Establishments where alcoholic beverages are sold for on-site consumption,
which is not part of a larger restaurant. Includes bars, taverns, pubs, night clubs, and similar
establishments where any food service is subordinate to the sale of alcoholic beverages. Does not
include adult entertainment businesses or uses defined under microbreweries or tasting rooms.
Bed and Breakfast. Transient lodging establishments primarily engaged in providing
overnight or otherwise temporary lodging for the general public. Such establishments provide
limited meal service, generally breakfast, for lodgers.
Brewery – Production. An establishment which produces ales, beers, meads, hard ciders,
and/or similar beverages on-site. Production breweries are classified as a use which requires a
Class 01 type licensure from Alcohol Beverage Control (ABC). Breweries may also serve
beverages on-site, and sell beverages for off-site consumption in keeping with the regulations of
the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF).
Broadcasting Studios. Commercial and public communications uses including radio,
television broadcasting and receiving stations and studios with facilities entirely within
buildings. Does not include antennas and towers, which are defined under “telecommunications
facilities.”
Building Materials and Hardware. Retail trade establishments primarily engaged in the
sale of lumber and other building materials, including paint, wallpaper, glass, hardware, nursery
stock, lawn and garden supplies. Includes all such stores selling to the general public, even if
sales to contractors account for a larger proportion of total sales. Establishments primarily selling
plumbing, heating, and air conditioning equipment and electrical supplies are classified in
“wholesaling and distribution centers.”
Business Support Services. An establishment or business located entirely within a building
that is open to customer visitation and with limited or no storage, which and provides services to
other business including, but not limited to:
• Blueprinting and reprographics, copying and quick printing services;
• Computer related services repair and rental;
• Private mail and mailbox service not affiliated with federal mailing agency;
• Co-working spaces, incubator-type services that provide office-type working spaces
for a fee.
• Protective services (other than office related) and security system services;
• Outdoor advertising and signage services;
• Services to structures such as window cleaning, exterminators, janitorial services and
other similar types.
C. Definitions “C”
Caretaker Residence/Employee Unit. A permanent residence that is secondary or
accessory to the primary use of the property, and used for housing a caretaker employed on the
site of any nonresidential use where a caretaker is needed for security purposes or to provide
twenty-four (24) hour care or monitoring of plants, animals, equipment, or other conditions on
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the site. Does not include housing for caretaker-type employees in the Agriculture Zone which is
defined as “agriculture employee housing.”
Cemeteries. Interment establishments engaged in subdividing property into cemetery lots
and offering burial plots or air space for sale. Includes animal cemeteries and cemetery,
mausoleum and columbarium operations. Excludes funeral parlor and related facilities which are
listed under “mortuary services.”
Churches and Related Activities. Religious organization facilities operated for worship or
for promotion of religious activities, including churches and religious Sunday-type schools.
Other establishments maintained by religious organizations, such as educational institutions,
hospitals and other operations that may be considered commercial in nature if not run by the
religious organization (such as a recreational camp) are classified according to their respective
activities.
Collection Stations. Facilities for the temporary accumulation and storage of recyclable
discarded materials, which are subsequently transported to recycling centers or solid waste
disposal sites for further processing. Does not include automobile wrecking yards or any
recycling processing facilities, which are listed under “recycling and scrap.” Does not include
temporary storage of toxic, mutagenic or radioactive waste materials.
Contract Construction Services Facilities. Office uses with indoor/or outdoor facilities
operated by, or on behalf of a building contractor, exterminator, janitorial service or similar for
storage of large equipment, vehicles, and/or other materials commonly used in the individual
contractor’s type of business and can include the storage of materials used for repair and
maintenance of contractor’s own equipment; and buildings or structures for uses by the
contractor.
D. Definitions “D”
Data and Computer Services/Center. A use where the majority of the space is occupied
by computers and/or related equipment and where information is processed, transferred, and/or
stored (also commonly referred to as “server farms.)” Data and computer service/centers may
contain data technology centers, internet service providers (ISPs), network operation centers,
web hosting facilities and other similar establishments primarily engaged in providing direct
access through telecommunication networks to computer-held information.
Day Care. Facilities that provide nonmedical care and supervision of individuals for
periods of less than twenty-four (24) hours. These facilities include the following, all of which
are required to be licensed by the California State Department of Social Services or successor
agency. Day care uses include the following:
• Child Care Center. Child day care facilities designed and approved to accommodate
fifteen (15) or more children. Includes infant centers, nursery schools, preschools, sick-child
centers, and school-age day care facilities. These may be operated in conjunction with a
school or church facility, or as an independent land use.
• Large Family Day Care Home. As provided by Health and Safety Code Section
1596.78 or successor provision, a home that regularly provides care, protection, and
supervision for seven (7) to twelve (12) children, including up to two (2) children under the
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age of ten (10) years who reside in the home, for periods of less than twenty-four (24) hours
per day, while the parents or guardians are away.
• Small Family Day Care Home. As provided by Health and Safety Code Section
1596.78 or successor provision, a home that provides family day care for six (6) or fewer
children, including two (2) children under the age of ten (10) years who reside in the home.
• Adult Day Care Facility. A day care facility providing care and supervision for adult
clients.
Drive-Through Sales or Services. A facility where food or other products may be
purchased or where services may be obtained by motorists without leaving their vehicles.
Examples of drive-through sales facilities include fast-food restaurants, drive-through coffee,
photo-stores, pharmacies, etc. Examples of drive-through service facilities include drive-through
bank teller windows, automated teller machines (ATM), dry cleaners/laundromats, etc., but do
not include service stations or other vehicle services, which are separately defined.
E. Definitions “E”
Eating and Drinking Places. Restaurants and other establishments selling prepared foods
and drinks for consumption on the premises, as well as facilities for dancing and other
entertainment which are secondary and subordinate to the principal use of the establishment as
an eating and drinking place. Also includes lunch counters and refreshment stands selling
prepared goods and drinks for immediate consumption. Restaurants, lunch counters, and drinking
places operated as subordinate service facilities within other establishments are not included here
unless they are operated as leased departments by outside operators. Does not include
establishments with drive-through facilities or uses defined under adult oriented business.
EV Charging Site. Electric Vehicle (EV) charging site includes level one, level two, and
level three charging sites that are an accessory use to a primary use, such as a parking lot,
building, or multi-family residence. These charging sites are incidental uses and may or may not
charge a fee for use. Does not include stand-alone EV charging station as defined in “service
stations.”
F. Definitions “F”
Farm Animal Raising. The keeping, feeding or grazing of animals as an avocation, hobby,
or school project, subordinate to the principal residential use of a property, includes species
commonly considered as farm animals as well as exotic species, but does not include household
pets. This includes the raising or feeding of beef cattle, sheep and goats by grazing or pasturing.
Does not include uses defined as “livestock specialties.”
Farm Equipment and Supplies. Establishments primarily engaged in the sale or rental of
agricultural machinery and equipment for use in the preparation and maintenance of the soil, the
planting and harvesting of crops, and other operations and processes pertaining to work on the
farm; also dairy and other livestock equipment including trailers. Includes agricultural
machinery, dairy farm machinery and equipment, irrigation equipment, poultry equipment and
frost protection equipment; hay, grain and feed sales.
Farmers’ Market. The temporary and intermittent use of a public or private property for
the outdoor sales of food and farm produce in compliance with California Food and Agriculture
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Code Section 1392 et seq., and artisan products or similar farmers’ markets products that include
multiple sales vendors.
Financial Services. Service establishments primarily engaged in the field of finance,
including: banks and trust companies; credit agencies other than banks; brokers and dealers in
securities and commodity contracts; security and commodity exchanges; holding (but not
predominantly operating) companies; and other investment companies.
Fuel Dealers. Retail trade establishments primarily engaged in the sale to consumers of
liquefied petroleum gas (LPG), propane, bottled or other fuels in bulk. Does not include
accessory uses as part of a service station.
G. Definitions “G”
General Retail. Stores and shops selling either many lines of merchandise, or specialized
type of merchandise, where the retail sales are conducted within the entire footprint of primarily
within a building. Examples include, but not limited to:
• Antique stores, second hand stores, jewelry stores, hobby materials, specialty stores;
• Art galleries, art supplies, collectibles, hobby materials;
• Bicycles, toys, games, sporting goods and equipment;
• Department stores, drug stores, pharmacies, supermarkets, groceries stores, specialty
food markets, membership warehouse clubs;
• Florists, house plant stores (indoor sales), small house wares;
• Home furniture stores, consumer electronic/audio visual goods, bookstores, home
and/or office appliance stores (excludes wholesale sales not open to the general public);
• New clothing, shoes, and accessory retail stores;
• Stationary, dry goods, fabric stores and sewing supplies, and variety stores;
• Stand-alone convenience markets (excludes fuel sales), warehouse retail stores,
building supply hardware stores where outdoor sales are limited to under ten thousand
(10,000) square feet.
Pawn shops and retail stores that sell smoking, tobacco and vaping products as the primary use
are included in “retail sales–restricted.”
Government Offices and Facilities. Administrative, clerical, or public contact and/or
service offices of recognized local, state, or federal agencies. Includes post offices, City Hall,
municipal corporation yards, etc.
H. Definitions “H”
Health Care Services. Service establishments primarily engaged in furnishing medical,
mental health, surgical and other personal health services including: medical, dental, and
psychiatric offices (mental health) related services, including various types of counseling
practiced by licensed individuals other than medical doctors or psychiatrists, or unlicensed
individuals, are included under “offices”; medical and dental laboratories; outpatient care
facilities; and allied health services. Associations or groups primarily engaged in providing
medical or other health services to members are included. Also includes hospitals and similar
establishments primarily engaged in providing diagnostic services, extensive medical treatment
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including surgical and other hospital services; such establishments have an organized medical
staff, inpatient beds, and equipment and facilities to provide complete health care. Nursing
homes and similar long-term personal care facilities are classified in “residential care.”
Unlicensed individuals are included under “offices.”
Home Occupations. The gainful employment of the occupant of a dwelling, with such
employment activity being subordinate to the residential use of the property.
Horticultural Specialties. Businesses engaged in the production of ornamental plants, tree
farms, and other products, grown under cover or outdoors. Also includes establishments engaged
in the sale or on-site production of such product.
Hotels, Motels. Commercial transient lodging establishments, including hotels, motor
hotels, motels, tourist courts or cabins, primarily engaged in providing overnight or otherwise
temporary lodging, with or without meals, for the general public. Such establishments shall not
provide kitchen facilities in more than twenty-five percent (25%) of the units.
I. Definitions “I”
Indoor Recreation Services. Facilities for various indoor sports and recreation, including:
bowling alleys; ice skating and roller skating; gymnasiums, health and athletic clubs; tennis,
handball, racquetball and similar indoor sports; shooting and archery ranges; recreation and
community centers. Smaller fitness studios without courts are classified as “personal enrichment
services”.
J. Definitions “J”
K. Definitions “K”
Kennels. A lot, building, structure, enclosure or premises where four (4) or more dogs or
cats (four (4) months of age or older) are kept or maintained, including the keeping of such
animals for sale, for commercial breeding or for lodging and care. Does not include dogs and
cats kept for noncommercial purposes.
L. Definitions “L”
Large Scale Ag Manufacturing. The large scale processing of agriculture products
subsequent to their harvest, with the intent of preparing them for market or further processing
including: alfalfa cubing; hay baling and cubing; corn shelling; drying of corn, rice, hay, fruits
and vegetables; grain cleaning and custom grinding; custom grist mills; custom milling of flour,
feed and grain; sorting, grading and packaging of fruits and vegetables; tree nut hulling and
shelling; cotton ginning; and wineries in excess of one thousand (1,000) square feet in total use
area. This does not include the growing, harvesting, and production of medical marijuana, or
legally approved uses of marijuana by either the State of California or Federal Government.
Laundries and Dry Cleaning Plants. Service establishments primarily engaged in high
volume laundry and garment services, including: power laundries (family and commercial);
garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and
upholstery cleaners. Does not include coin-operated laundries or dry cleaning pickup stores
without dry cleaning equipment, which are classified in “personal services.”
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Laundromat / Coin-Operated Laundry. Facilities providing washing and drying
machines for use by customers for a fee as a primary use. Dry cleaning pick-up stores are
classified as “personal services”.
Libraries, Museums. Permanent public or quasi-public facilities generally of a
noncommercial nature such as libraries, museums, art exhibitions, planetariums, aquariums,
botanical gardens, arboretums and zoos. Also includes historic sites and exhibits.
Livestock Specialties. Agricultural establishments primarily engaged in commercial
livestock keeping or feeding as a principal land use which, because of operational characteristics,
may generate dust, odors or visual impacts which could have an adverse effect upon adjacent
properties. Such uses include dairies; chicken, turkey and other poultry farms; animal specialties
(such as rabbit farms and other fur-bearing animals); other specialties such as bee farms, aviaries,
worm farms, etc.
Live/Work Units. An integrated housing unit and working space, occupied and utilized by
a single household in a structure, either single-family or multifamily, that has been designed or
structurally modified to accommodate joint residential occupancy and work activity, and which
includes:
• Complete kitchen space and sanitary facilities in compliance with the Building Code;
• Working space reserved for and regularly used by one or more occupants of the unit;
• Working space includes uses that are permitted within the zoning district.
M. Definitions “M”
Manufacturing, Repair, and Processing – High Intensity. A facility or establishment that
accommodates manufacturing processes that involve and/or produce building materials,
fabricated metal products, machinery, and other similar manufacturing uses, where the intensity
or scale of operations is determined to be greater than those classified under “manufacturing and
processing – low intensity,” but where impacts to surrounding neighborhoods, businesses, and
the community may cause a significant impact. Uses may have an indoor setting, however uses
may also be conducted outdoors. Examples of manufacturing and processing uses that are
considered high-intensity include the following, but are not limited to:
• Machinery manufacturing that makes or process raw materials into products;
• Metal fabrication and welding shops engaged in the production and/or assembly of
metal, and other similar metal shops;
• Manufacturing that cuts, shapes, and/or finishes building materials used in home or
nonresidential construction;
• Chemical product manufacturing that produces or uses basic chemicals and other
establishments creating products predominantly by chemical processes;
• Product manufacturing that produces bulk concrete, asphalt, and other paving
materials;
• Paving and roof materials manufacturing of various common paving and petroleum-
based roofing materials including bulk asphalt, paving blocks made of asphalt, creosote
wood, and various compositions of asphalt and tar;
• Plastics, other synthetics and rubber manufacturing;
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• Primary metal industries engaged in smelting, refining of ferrous and nonferrous
metals;
• Other similar heavy intensive uses.
Manufacturing, Repair, and Processing – Low Intensity. A facility or business that
engages in the assembly, fabrication, and conversion of already processed raw materials into
products, where the operational characteristics of the manufacturing process and the materials
used are unlikely to cause significant impacts to the existing surrounding neighborhood or
businesses in a indoor setting. Examples of manufacturing and processing uses that are
considered low intensity include the following, but are not limited to:
• Artisan manufacturing and production where no retail component exists;
• Production, assembly, and/or repair where no raw materials are manufactured;
• Production and assembly of precision electronics and scientific instruments, including
on-site offices;
• Producing or processing of foods and beverages for human consumption where no
retail component exists and does not include noxious odors or excessive noise and no
slaughter occurs on-site;
• Repair and service of small consumer products;
• Small scale manufacturing where assembling and/or manufacturing is completed by
hand or precision tools;
• Small product manufacturing not classified in another major manufacturing group.
Medical Extended Care Services. Residential facilities providing nursing and health-
related care as a primary use with in-patient beds. Examples of these uses include: board and
care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities.
Long-term personal care facilities that do not emphasize medical treatment are included under
“residential care.”
Medical Marijuana. See Section 9-6.186.
Medical Research. Establishment related to medical and/or dental research, testing and
analysis, including but not limited to trial and clinical research. Biomedical and pharmaceutical
research and development facilities are not included in this definition. Medical research does not
include the storage or use of quantities of hazardous materials nor any toxic gas. Additionally,
medical research may include storage and use of etiological (biological) agents up to and
including Risk Group 2 or Bio Safety Level 2 (Center for Disease Control). Typically uses are a
part of a campus-like setting such as a business park or stand-alone building.
Membership Organizations. Organizations operating on a membership basis for the
promotion of the interests of the members, including: business associations; professional
membership organizations; labor unions and similar labor organizations; civic, social and
fraternal organizations (not lodging); political organizations and other membership
organizations.
Micro-Brewery/Brewpub. An establishment that produces ales, beers, meads, hard
ciders/and or similar beverages to serve on-site. Sale of beverages for off-site consumption is
also permitted consistent with the regulations of the Alcohol Beverage Control (ABC) and
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Bureau of Alcohol, Tobacco, and Firearms (ATF). Food service for on-site consumption is
allowed as an ancillary use. Brewpubs and microbreweries are considered small operations
consistent with ABC license type 23, 40, or 42 or State similar licensures.
Mini-Storage. Buildings containing individual storage areas rented or leased to the general
public. Does not include warehousing or exterior storage facilities.
Mobile Eating and Drinking Vendors. Any vehicle, wagon, or pushcart that is self-
propelled or can be pushed/pulled down a street or sidewalk, on which food is displayed,
prepared, or processed for the purpose of selling food or drinks to a consumer.
Mobile Home/Manufactured Home. A modular structure that is transportable in one or
more sections, that is certified under the Nation Manufactured Housing Construction and Safety
Standards Act of 1974, is tied down to a permanent foundation with wheels removed and skirted.
A mobile home on a permanent foundation is considered a single-family dwelling.
Mobile Home Park. Any site that is planned and improved to accommodate two (2) or
more mobile homes used for residential purposes, or on which two (2) or more mobile homes, as
the term “mobile home” is defined in California Civil Code Section 798.3 or successor provision
of the California Mobilehome Residency Law, for nontransient use, are rented, leased, or held
out for rent or lease, or were formerly held out for rent or lease and later converted to a
subdivision, cooperative, condominium, or other form of resident ownership, to accommodate
mobile homes used for residential purposes.
Mortuary Services. Establishments with facilities for the preparation of the dead for burial,
cremation and for the holding of funeral observances and services. Accessory facilities may
include a cemetery, columbarium or mausoleum. Includes: funeral homes and parlors, mortuaries
and related facilities.
Multiple-Family Dwelling. Two (2) or more dwelling units located on a single lot, each
occupied by a single housekeeping unit; includes buildings or groups of buildings designated as
apartments, duplexes, triplexes and condominiums, but not including motels, hotels, dormitories,
or RV parks as herein defined. Also includes transitional housing, supportive housing and single
room occupancy housing where people live as independently as possible with the assistance of
social services tailored to each person’s needs as defined in Section 9-9.102 of the Zoning
Ordinance. This does not include secondary units in single-family zoning districts.
N. Definitions “N”
O. Definitions “O”
Offices. Establishments engaged in performing a service in a professional office including:
engineering, architectural and surveying services; real estate agencies; noncommercial
educational, scientific and research organizations; accounting, auditing, and bookkeeping
services; authors, writers, artists, etc.; advertising agencies; photography studios and small
commercial art studios; employment agencies and stenographic services; reporting services; data
processing and computer services; management, public relations, and consulting services;
detective agencies and other similar professional services; attorneys; and counseling services
provided by individuals other than licensed psychiatrists, which are included under “health care
services.”
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Organization Houses. Residential lodging houses operated by membership organizations
for the benefit of their constituents and not open to the general public. Also includes fraternity
and sorority residential houses and religious residential retreats.
Outdoor Recreation Services. Facilities for various outdoor sports and recreation,
including: amusement and kiddie parks; golf courses, golf driving ranges and miniature golf
courses; skateboard parks; go-cart and miniature auto race tracks; tennis courts, swim and tennis
clubs and facilities; play lots, playgrounds and athletic fields; recreation and community centers.
P. Definitions “P”
Parking Lot. An open area, excluding a street or other public right-of-way, for the
exclusive use of parking as a primary use for automobiles and available to either to the public or
patrons of adjacent buildings or structures. Parking lots can either be free for use, or may charge
a fee for compensation. Long-term parking and storage of inoperable vehicles is classified in
“vehicle and equipment storage”.
Parks and Playgrounds. A public outdoor recreational facility that may provide a variety
of recreational activities including playground equipment, open space areas for passive
recreation including hiking and biking trails, zoos, picnicking, and sport and active recreation
facilities dedicated for use to the public.
Personal Services. Service establishments primarily engaged in providing nonmedical
services as a primary use and may include accessory retail sales of products related to the
services provided. These uses include the following: beauty shops (includes permanent makeup
when less than ten percent (10%) of overall sales), barber shops, day spas and massage therapy
where each massage therapist is certified/licensed by a State-recognized organization, shoe repair
shops, dry cleaning pickup stores, clothing rental, tailors, tanning salons, pet grooming services,
nail salons, and other similar uses.
Personal Services—Restricted. Service establishments that may have a blighting and/or
deteriorating effect upon the surrounding area which may need to be dispersed in order to
minimize their adverse impact. Examples of these uses include, but are not limited to, the
following: check cashing and/or payday/same day loans; smoking, tobacco and vaping products
as a primary use; fortunetellers, psychics; palm, tarot and card readers; card rooms, billiard and
pool halls as a primary use; tattoo and body piercing services; pawn shops, to which the business
of pawn brokering, or the business of lending money upon personal property, pawns or pledges
is done; and hot tubs and saunas that are not an accessory to a permitted use.
Printing and Publishing. An establishment engaged in printing letter press, lithography
gravure, screen offset or electrostatic copying and other establishments serving the printing trade
such as bookbinding, typesetting, engraving, photoengraving, and electrotyping. The use also
includes establishments that publish newspapers, books, and periodicals; establishments
manufacturing business forms and binding devices. “Quick printing” services are included in the
definition “business support services.”
Public Assembly and Entertainment. Facilities for public assembly and group
entertainment such as: public and semi-public auditoriums; exhibition and convention halls; civic
theaters and meeting halls; motion picture theaters; legitimate theater facilities for live theatrical
presentations or concerts by bands and orchestras; amphitheaters; meeting halls for rent and
similar public assembly uses.
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Q. Definitions “Q”
R. Definitions “R”
Recreational Vehicle Parks. Transient lodging establishments primarily engaged in
renting, leasing or otherwise providing overnight or short-term sites for trailers, campers, or
tents, with or without individual utility hookups, but with other facilities such as public
restrooms. Does not include incidental camping areas, which are included under “rural sports and
group facilities.”
Recycling and Scrap. Establishments primarily engaged in assembling, breaking up,
sorting, temporary storage and distribution of recyclable or reusable scrap and waste materials,
including auto wreckers engaged in dismantling automobiles for scrap. Does not include waste
disposal sites, which are separately defined. Does not include temporary storage of toxic or
radioactive waste materials.
Recycling Centers. An establishment, which is larger than a “collection station,” that
serves as a community-wide center for the collection and/or processing of recyclable materials
such as glass, paper, plastic, aluminum and metal cans.
Research and Development. Research and development offices, devoted to scientific and
engineering research and the design, development and testing of new technology and products;
usually includes laboratory space or small-scale manufacturing operations.
Residential Accessory Uses. Includes any use that is customarily part of a residence and is
clearly incidental and secondary to a residence and does not change the character of the
residential use. Residential accessory uses include the storage of vehicles and other personal
property and accessory structures including garages, studios and workshops.
Residential Care. A single-family or multiple-family dwelling unit that is licensed or
supervised by a Federal, State, or local health/welfare agency that provides nonmedical care of
unrelated persons who are in need of personal service, supervision, or assistance essential for
sustaining activities of daily living or for the protection of the individual. Use includes the
following: children’s homes; halfway houses; rehabilitation centers; self-help group homes.
Residential Care Facility for the Elderly (RCFE). A housing arrangement chosen
voluntarily by the residents or the residents’ guardians, conservators or other responsible
person(s) where the following occurs: where seventy-five percent (75%) of the residents are at
least sixty-two (62) years of age, or, if younger, have needs compatible with other residents; and
where varying levels of care and supervision are provided, as agreed to at the time of admission
or as determined necessary. RCFE uses may include basic services and community space. RCFE
uses include the following:
• Assisted Living Facility. A residential building or buildings that also provide housing,
personal and health care, as permitted by the Department of Social Services, designed to
respond to the daily, individual needs of the residents. Assisted living facilities may include
kitchenettes (small refrigerator, sink and/or microwave oven) within individual rooms.
Assisted living facilities are required to be licensed by the California Department of Social
Services, and do not include medical extended care services.
• Independent Living Center/Senior Apartment. Independent living centers and
senior apartments are multifamily residential projects reserved for senior citizens, where
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common facilities may be provided (for example, recreation areas), but where each dwelling
unit has individual living, sleeping, bathing, and kitchen facilities.
• Retirement Hotel. Establishments primarily engaged in providing lodging facilities
limited to the aged where no medical care is provided. Such establishments may provide
housekeeping and meals to the residents.
Resource Extraction. Uses primarily engaged in resource extraction, including, but not
limited to, mining, developing mines or exploring for metallic minerals (ores), coal and
nonmetallic minerals), or surface mines extracting crushed and broken stone, dimension stone or
sand and gravel.
Retail Sales–Restricted. Stores and shops selling products that may have a blighting and/or
deteriorating effect upon the surrounding area and may need to be dispersed in order to minimize
their adverse impact. Examples of these uses include, but are not limited to, the following:
selling smoking, tobacco and vaping products as a primary use; and pawn shops, to which the
business of pawn brokering, or the business of lending money upon personal property, pawns or
pledges is done.
Rural Sports and Group Facilities. Establishments supporting special group activities
such as: archery, pistol, rifle, and skeet clubs and facilities; dude ranches; health resorts
including outdoor hot spring, spa or hot tub facilities; hunting and fishing clubs; recreational
camps; group or organized camps; incidental, seasonal camping areas without facilities;
equestrian facilities, including riding academies, schools, stables and exhibition facilities.
S. Definitions “S”
Sales Lots. Sales lots consist of any outdoor sales area for permanent display of motorized
farm equipment, boats (FBSA Class 3 and 4 boats (over twenty-six (26) feet in length)), heavy
commercial trucks (US DOT Class 4 through 8), mobilehomes, construction equipment, or other
heavy equipment; outdoor equipment rental yards.
Schools. An institution or establishment that provides a program of instruction and teaching
services. Includes: preschools, elementary and secondary schools serving grades K through 12
(or portions thereof); junior colleges, colleges and universities; and similar education institutions.
Does not include Sunday schools which are permitted under “churches and related facilities.”
Schools—Business and Vocational. Business and secretarial schools; vocational schools
offering specialized trade and commercial courses; specialized nondegree granting schools, such
as: music schools; dramatic schools; language schools; driver education schools; ballet and other
dance studios; and establishments furnishing educational courses by mail.
Secondary Residential Unit. Second residential units are defined as residential occupancy
constructions (R) with a kitchen and full bathroom that is accessory to the primary unit and
intended for permanent occupancy by a second housekeeping unit.
Service Stations. Retail trade establishments primarily engaged in the sale of gasoline,
which may also provide lubrication, oil change and tune-up services incidental to gasoline sales.
May also include a towing service but does not include storage of wrecked or abandoned
vehicles. Does not include uses defined as auto repair and service, or vehicle equipment storage.
Single-Family Dwelling. An attached or detached building not to contain more than one (1)
kitchen wherein the occupants of the dwelling unit are living and functioning together as a single
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housekeeping unit, meaning that they have established ties and familiarity with each other,
jointly use common areas, interact with each other, membership in the single housekeeping unit
is fairly stable as opposed to transient, and members have some control over who becomes a
member of the single housekeeping unit. Also includes factory-built, manufactured housing units
and mobile homes constructed in compliance with Title 25 of the California Health and Safety
Code, or successor provision as defined in Section 9-9.102 of the Zoning Ordinance; transitional
housing and supportive housing serving six (6) or fewer persons as defined in Section 9-9.102 of
the Zoning Ordinance.
Single Room Occupancy Unit (SRO). A structure that provides separate, single room,
residential living units with no on-premises residential medical care. Units within the structure
may have individual bathroom facilities, shared bath or toilet facilities for the residents, or any
combination thereof. SRO may include structures commonly called rooming houses or boarding
houses. SRO facilities shall not be age restricted. Age restricted SRO facilities shall be
considered a residential care facility for the elderly (RCFE).
Small Scale Ag Processing. The small scale processing of agriculture products grown or
produced on-site, bottling, canning, or storage of agriculture products grown and processed on-
site, where the processing or storage shall not exceed one thousand (1,000) square feet (sf) in
total use areas. This does not include tasting rooms.
Social and Service Organizations. Public or quasi-public establishments providing social
services and rehabilitation services to such as counseling centers, welfare offices, job counseling
and training centers, or vocational rehabilitation agencies, persons with social or personal
problems requiring special services and to the handicapped and the disadvantaged. Also included
are organizations soliciting funds to be used directly for these related services. Also includes
establishments engaged in community improvement and neighborhood development. Does not
include child day care services which are classified under “schools.”
Sports Assembly. Facilities for spectator-oriented specialized group sports assembly that
includes: stadiums and coliseums; arenas and field houses; race tracks (auto and animals);
motorcycle racing and drag strips; and other sports that are considered commercial.
Storage, Recycling and Dismantling of Vehicles and Material. Establishments primarily
engaged in the storage, assembling, dismantling, sorting, and distribution of materials, equipment
and vehicles. This use may be located either outdoors or indoors and includes, but is not limited
to, auto wrecking yards, vehicle storage areas, vehicle impound lots, recyclable/waste material
storage and transfer facilities. This does not include waste disposal sites, which are separately
defined, or temporary storage of toxic or radioactive waste materials.
T. Definitions “T”
Tasting Room. Establishment that allows for beer, wine, or spirit tasting on-site with off-
site sales directly to the public. Tasting rooms must meet the requirements of the Alcoholic
Beverage Control (ABC) license type (Type 02, Type 23, Type 40, Type 42 or Type 74 license,
or similar). Tasting rooms may operate within a large scale brewing, winery, or distillery facility
as an ancillary.
Telecommunication Facility. Public, commercial and private electromagnetic and
photoelectrical transmission, broadcast, repeater and receiving stations for radio, television,
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telegraph, telephone, cellular data network, and wireless communication towers (cellular
phones), including commercial earth stations for satellite-based communications. Includes
antennas, commercial satellite dish antennas, and equipment buildings. Does not include
telephone, telegraph, and cable television transmission facilities utilizing hard-wired or direct
cable connections. Does not include data processing centers.
Temporary Dwelling. Includes the temporary use of a mobilehome or recreational vehicle
as a dwelling unit, following the issuance of a building permit for a permanent residence while
the permanent residence is under construction.
Temporary Events. Any use of a structure or land for an event for a limited period of time
where the site is not to be permanently altered by grading or construction of accessory facilities.
Events include: art shows; rodeos; religious revivals; tent camps; outdoor festivals and concerts.
Temporary Offices. The utilization of a mobilehome or recreational vehicle as a temporary
office during the period of a construction of a permanent office facility on the same site.
Temporary or Seasonal Retail Sales. Retail trade establishments primarily engaged in the
sale of Christmas trees or other seasonal items; or semiannual sales of art or handcrafted items in
conjunction with community festivals or art shows. Does not include farmers’ markets or
agricultural roadside stands.
Transitional Housing. Buildings configured as rental housing developments, but operated
under program requirements that call for the termination of assistance and recirculation of the
assisted unit to another eligible program recipient at some predetermined future point in time,
which shall be no less than six (6) months (Health and Safety Code Section 50675.2(h)). This
definition excludes housing for halfway houses intended for occupancy by parolees or convicted
persons, children’s homes, halfway houses, rehabilitation centers, and self-help group homes.
Transit Stations. Passenger stations for vehicular, bus, and rail mass transit systems; also
terminal facilities providing maintenance and service for the vehicles operated in the transit
system.
U. Definitions “U”
Utility Facilities. A fixed-base structure or facility serving as a junction point for
transferring electric utility services from one transmission voltage to another or to local
distribution and service voltages, and similar facilities for water supply, natural gas distribution,
wastewater pump station, fiber optics junction box, or other similar facilities that are not
exempted from land use permit requirements by California Government Code Section 53091 or
successor code.
Utility Infrastructure. Pipelines for water, natural gas, sewage collection and disposal; and
facilities for the transmission of electrical energy for sale, including transmission lines for a
public utility company. Also include telephone, cable television, and other communications
transmission facilities utilizing direct physical conduits. Does not include offices or service
center as defined under “offices” or distribution substations (“utility facilities”).
V. Definitions “V”
Vehicle and Equipment Storage. Service establishments primarily engaged in the business
of storing cars, buses and other motor vehicles; recreational vehicles (such as campers, motor
homes, boats); construction equipment; and farm equipment. Includes both day use and long-
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term public and commercial garages, parking lots and structures. Does not include wrecking
yards, which are (classified in “recycling and scrap”).
Vehicle and Freight Terminals. Transportation establishments furnishing services
incidental to transportation, including: freight forwarding services; transportation arrangement
services; parking, crating, inspection and weighing services; freight terminal facilities; joint
terminal and service facilities; trucking facilities, including transfer and storage; public
warehousing and storage. Includes both railroad transportation and motor freight transportation.
W. Definitions “W”
Warehousing. Uses engaged in storage of manufactured products, supplies, and equipment
excluding bulk storage of materials that are flammable or explosive or that present hazards, or
conditions commonly recognizable as offensive. Does not include personal storage as defined as
“mini-storage”.
Wholesaling and Distribution Centers. Establishments engaged in selling merchandise to
retailers; to industrial, commercial, institutional, farm, or professional business users; or to other
wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to
such persons or companies.. Also includes storage, processing, packaging, and shipping facilities
for mail order and e-commerce retail establishments.
Winery – Boutique. Winery or distillery production for no more than three thousand
(3,000) cases of wine per year. Uses include fruit processing, fermentation pressing, barrel and
bottle storage, bottling, wine tasting, and direct retail sale of wine. Does not include winery
production in residential zones, which is defined as small scale agriculture.
Winery – Production. Winery or distillery production of more than three thousand one
(3,001) cases of wine per year. Uses include fruit processing, fermentation pressing, barrel and
bottle storage, bottling, wine tasting, and direct retail sale of wine. This also includes uses that
produce 3,001 cases of beverages or less, but do not meet the requirements for “winery –
boutique,” “winery – production,” or “brewery – production.”
X. Definitions “X”
Y. Definitions “Y”
Z. Definitions “Z”
(Ord. 602 § 2, 2016)
9-4.106 Front setbacks.
The front setback is measured at right angles from the nearest point on the front property
line to the building line. All structures are to be set back a minimum of twenty-five (25) feet
from the nearest point on the front property line, except where this section establishes other
requirements. Front setback landscaping and fencing standards are in Sections 9-4.125(a) and 9-
4.128 of this chapter, respectively.
(a) A, RS, RSF, and LSF Zones. All residential uses shall have a minimum front setback
of twenty-five (25) feet, except as follows:
(1) Shallow Lots. The front setback shall be a minimum of twenty (20) feet for any lot
less than ninety (90) feet deep.
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(2) Flag Lots and Lots without Street Frontage. Determination of that portion of the site to
constitute the required front yard within the flag shall be at the discretion of the applicant. The
front setback of the flag of the lot shall be a minimum of 10 feet. The front setback within the
accessway shall be as in subsection (a) of this section.
(3) Sloping Lot Adjustment. In any case wWhere the elevation of the natural grade on a
lot at a point fifty (50) feet from the centerline of the adjacent street right-of-way is seven (7) feet
above or below the elevation of the centerline, a private garage may be located, at the discretion
of the applicant, as close as five (5) feet to the street property line, subject to the approval of an
administrative use permit pursuant to (Section 9-1.112 of this title), provided that portions of the
dwelling other than the garage shall be established at the setback otherwise required.
(4) Variable Setback Block. Where a residential block is partially developed with single-
family dwellings having less than the required front setbacks and no uniform front setback is
established, the front setback may be adjusted (Section 9-1.112 of this title) at the option of the
applicant, as follows:
(i) Prerequisites for Adjustment. Adjustment may be granted only when twenty-five
percent (25%) of the lots on the block with the same frontage are developed and the entire block
is within a single zone.
(ii) Allowed Adjustment. The normally required minimum front setback is to be reduced
to the average of the front setbacks of the existing dwellings, which include attached garages but
not detached garages, to a minimum of ten (10) feet.
(5) The Design Review Committee (DRC) may grant an exemption to the front setback
requirement based on neighborhood compatibility for structures that meet the following criteria:
(i) Structures are no greater than ten (10) feet in height;
(ii) Structures do not exceed front yard coverage of more than fifty percent (50%);
(iii) Structures do not impair sight distances for vehicular traffic as reviewed by the City
Engineer.
(b) RMF Zone and Residential Uses in Commercial and Industrial Zones. All residential
units shall have a minimum setback of fifteen (15) feet. All garages shall have a minimum front
setback of twenty (20) feet.
(c) CN, CP, CR, CS, CT, CPK, IP and I Zones. No front setbacks are required. Ground
floor residential uses are subject to the setback requirements of subsection (a) of this section.
(1) Adjacent to Residential Zone. Where a commercial or industrial zone has a front
setback, including a double frontage setback, on a street where more than fifty percent (50%) of
the lots in the same block are zoned for residential use, the front setback shall be twenty-five (25)
feet, except that a one-story building or parking may encroach into one-half (1/2) the required
front setback depth.
(d) L, LS and P Zone. A minimum ten (10) foot front setback is required, provided that
residential uses are subject to the setback requirements of subsection (a) of this section.
(e) Flag Lots. Any accessway adjacent to a public street shall be subject to the front
setback requirements of subsections (a), (b), (c), and (d) of this section. Determination of that
portion of the site to constitute the required front yard within the flag shall be at the discretion of
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the applicant. The front setback of the flag of the lot shall be subject to the side setback
requirements of Section 9-4.107 of this chapter.
(f) Double Frontage Lots.
(1) Selecting the Setback Location. Where double frontage setback locations are not
specified by subdivision requirements or other applicable regulations, the applicant may select
the front setback street unless fifty percent (50%) of the lots on a double frontage block are
developed with the same front yard orientation. In that case, all remaining lots are to orient their
front setbacks with the majority.
(2) Double Frontage Setback Requirements. A full-front setback is to be provided
adjacent to one frontage, and a setback of one-half (1/2) the required front setback depth adjacent
to the other frontage.
(g)(f) Establishment of Front Setback on Zoning Map. The Planning Commission may
establish greater front setbacks than those required in this section by delineating the setback on
the zoning map. Procedures specified by Section 9-1.115 of this title shall be followed in
establishing such setbacks. (Ord. 578 § 1, 2013; Ord. 552 § 2, 2010; Ord. 68 § 9-4.106, 1983:
Ord 82 § 9-4.106, 1984)
9-4.113 Height limitations.
The maximum height for new structures is as follows:
(a) Limitation by Zone.
Zone Maximum Height
A, RS, RSF, LSF 30 feet
CN, CP, CR, CS, CT 35 feet
CPK, IP, I 45 feet
LS, L, P 35 feet
RMF 30 feet (not to exceed two stories)
(b) Exceptions to Height Limitations.
(1) Planning Commission Waiver. The height limitations of this section may be modified
through conditional use permit approval, provided the Planning Commission first finds the
project will not result in substantial detrimental effects on the enjoyment and use of adjoining
properties and that the modified height will not exceed the lifesaving equipment capabilities of
the Fire Department.
(2) Height Adjustment. The height limitations specified by subsection (a) of this section
may be adjusted by approval of an administrative use permit (Section 9-1.112) for a single-
family residential building to allow additional height, to a maximum of forty (40) feet, provided
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that the required side, and rear and interior setbacks are increased one (1) foot in width for each
foot of height over thirty (30) feet.
9-4.115 Off-street parking required.
(e) Shared On-Site Parking Adjustment. Where two (2) or more nonresidential uses are on
a single site, the number of parking spaces may be reduced through adjustment administrative
use permit approval (Section 9-1.112) at a rate of five percent (5%) for each separate use, up to a
maximum of twenty percent (20%); as long as the total number of spaces is not less than
required for the use requiring the largest number of spaces.
(f) Shared Peak-Hour Parking. In addition to the reduction of required parking allowed by
subsection (e) of this section, where two (2) or more uses have distinct and differing peak traffic
usage periods (for example, a theater and a bank), the required number of parking spaces may be
reduced through conditional use permit approval, provided that the parking lots of each use are
located within three hundred (300) feet of each other (as measured along the most direct
pedestrian path). The amount of reduction may be up to seventy-five percent (75%) of the
amount of spaces required for the most intensive of the two (2) or more uses sharing the parking.
(g) On-Street Parking Adjustment. Where a proposed driveway from a street to a new
parking area would eliminate on-street parking spaces equal to or greater in number than the off-
street spaces required, the requirement for off-street spaces may be eliminated through
adjustment administrative use permit approval (Section 9-1.112 of this title) where the access or
proposed building cannot reasonably be redesigned to avoid a net loss of parking.
4.118 Required number of parking spaces.
All land uses requiring approval under this title shall provide off-street parking spaces as specified in
subsections (b) and (c) of this section:
(a) Use of Charts. The charts in subsection (c) of this section determine the number of parking
spaces required for each use of land, as follows:
(1) Uses Not Listed. For uses not specifically listed in this subsection that do not have parking
requirements set by Chapter 9-6, the same parking and loading space is required as for the most similar
use of equivalent intensity; except where a use not listed requires conditional use permit approval, in
which case the amount of parking and loading space required shall be as determined by the Planning
Commission.
(2) Parking and Loading Intensity. Parking lot and loading bay intensity describes the rate of
vehicle turnover in parking and loading areas. Turnover factors are assigned to each use by the charts in
subsection (c) of this section. High intensity areas have rapid turnover; medium intensity areas are those
where vehicles are parked from two (2) to four (4) hours; low intensity areas have minimum turnover and
few repeat users, such as long-term and employee parking lots. Loading bay intensity is used in Section 9-
4.121.
(3) Mixed Use Sites. Where a site contains more than one principal land use (such as a shopping
center), the amount of parking required shall be the total of that required for each individual use, except as
otherwise provided by Section 9-4.115.
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(4) Mixed Function Buildings. Where a building occupied by a single use contains several
functions, such as sales, office and storage areas, parking shall be as required for the principal use for the
gross floor area (total area of all internal functions); except that when storage areas are larger than two
thousand (2000) square feet, the parking requirement is to be determined separately for those areas, as
specified for warehousing.
(5) Terms Used in Charts.
(i) Active Use Area. All developed areas of a site and buildings except storage, parking and
landscaping.
(ii) Floor Area. Gross floor area within build- ings.
(iii) Office Space. Any private interior offices or each one hundred fifty (150) square feet of open
work area.
(iv) Site Area. Gross site area.
(iv) Use Area. All developed areas of a site and buildings, except parking and landscaping.
(vi) Number of Spaces. Where Section 9-4.118 (c) sets parking requirements based on building area
(square footage), site or use area, the number of spaces is to be as set forth for each footage increment
specified or fraction thereof.
(3) Cultural., Educational, and Recreation Uses:
Use Parking Spaces
Required
Parking Lot
Intensity
Loading Bay
Intensity
Active Recreation
Facilities:
Amusement
parks/fairgrounds
1 per 75 s.f. of use
area
Medium Medium
Arcades (games) and
billiards
1 per 100 s.f. of
floor area
Medium N.A.
Bowling alleys 4 per lane Medium Low
Dance Clubs 1 per 25 s.f. of dance
floor
Medium N.A.
Dance studios 1 per 200 s.f. of
floor area
Low N.A.
Golf studios 5 per hole plus any
required for
clubhouse uses
Low N.A.
Golf driving ranges
(separate from golf
courses)
2 per tee Low N.A.
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Miniature golf 2 per hole Medium N.A.
Skateboard parks 1 per 500 s.f. of use
area
Medium N.A.
Skating rinks 1 per 400 s.f. of use
area
Medium N.A.
Swimming pools
(public or member)
1 per 100 s.f. of pool
area, and 1 per 300
s.f. of deck area
Medium N.A.
Tennis courts,
racquetball
2 per court Medium N.A.
Libraries 1 per 500 s.f. Medium N.A.
Public Assembly:
Exhibit facilities
(including museums)
1 per 150 s.f. of
exhibit floor
High Low
Seated spectator
facilities (including a
church, theater, other
auditoriums and
meeting halls, sports
assembly)
1 per 4 fixed seats,
or 1 per 40 s.f. of
spectator area if
seats not fixed
High Low
Schools:
Preschools, day care See Section 9-
6.1235.
Elementary and high
school
See Section 9-
6.1235.
Business and
vocational
See Section 9-
6.1235.
College and
University
As determined by
Planning
Commission
(8) Service Uses. Parking required for a service use is to be a minimum of two (2) spaces for
each use or separate tenancy, except where more spaces are required as follows:
Use Parking Spaces
Required
Parking Lot
Intensity
Loading Bay
Intensity
Auto repair and 4 per service bay, 1
per 1,000 s.f. of
Medium Low
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service outdoor active use
area
Equipment rental 1 per 500 s.f. of
floor area, 1 per
2,000 s.f. of
outdoor use area
Medium Low
Copying and
reproduction
1 per 400 s.f. of
floor area
Medium Low
Contract
construction
services
1 per 500 s.f. of
floor area
Low Low
Correctional
institutions
As determined by
Planning
Commission
Financial services
service desk
5 per teller
window, 3 per
High Low
Health care 1 space per 200 s.f.
of floor area, but
not less than 2
spaces per office
space and
examination room
High Low
Hospitals 1 per bed, 1 per
office space
High Low
Laundries and
Dry Cleaning
Plants:
1 per 1,000 s.f. of
floor area, plus 2
per office space
Low High
Pick-up 2 per check stand High Low
Offices:
Accounting,
advertising,
agencies,
architecture,
government,
insurance law
offices, real estate
1 per 400 s.f. but
not less than 2 per
office space
Medium N.A.
Other offices 1 per 500 s.f. of
floor area
Low N.A.
Photography 1 per 400 s.f. of Low N.A.
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studios,
commercial art
studios
floor area
Post offices 5 per service
window, 1 per 500
s.f. of floor area
other than customer
area
High High
Personal Services:
Barbershops 2 per chair Medium N.A.
Beauty shops 3 per chair Medium N.A.
Dry Cleaners 1 per 500 s.f. of
floor area
Medium Low
Funeral and
crematory services
1 per 4 seats in
each assembly
room, 2 per office
or 1 per 40 s.f. of
floor area in
assembly rooms,
whichever is
greater
Medium Medium
Health spas 1 per 300 s.f. of
floor area
Medium N.A.
Laundromats 1 per 2 washers High N.A.
Other personal
services
1 per 500 s.f. of
floor area
Medium N.A.
Public safety
facilities
As determined by
Planning
Commission
Repair service
(consumer)
1 per 400 s.f. of
floor area
Low Low
Waste disposal site As determined by
Planning
Commission
9-4.119 Parking lot construction standards.
(e) Slope. The finished grade of a parking lot is not to exceed five percent (5%) slope,
unless approved by adjustment an administrative use permit (Section 9-1.112 of this title).
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9-4.120 Off-site parking.
(a) Where it is not feasible to provide sufficient on-site parking, an adjustment
administrative use permit (Section 9-1.112) may be granted to allow the required parking to be
located off-site, provided that:
9-4.127 Landscaping plans.
(b) Landscaping Plan Content. Landscaping plans are to be neatly and accurately drawn,
at an appropriate scale, that will enable ready identification and recognition of information
submitted. Where a project covers only a portion of a site, the landscaping plan need show only
the areas where existing soil contours and vegetation will be disturbed by construction or use, or
other areas where landscaping is required. Landscaping plans shall show:
(1) The location of all trees existing in or within fifty (50) feet of areas proposed for
grading or other construction that are eight (8) inches or larger in diameter at four (4) feet above
natural grade. Trees proposed to be removed are to be identified (see Section 9-4.155 of this
chapter 9-11.105 for tree removal standards);
9-4.128 Fencing and screening.
(b) Exceptions to Fencing and Screening Requirements.
(1) Buildings Abutting Property Lines. Required screening or fencing may be omitted
along any lot line where a building wall exists immediately abutting the lot line.
(2) Location Adjustment. Where property fencing or screening is required, the location
may be adjusted by approval of an administrative use permit (see Section 9-1.112 of this title), so
the fencing may be constructed at or within the setback line, provided the areas between the
fence and the property lines are landscaped, or in rural areas, retained in their natural vegetative
state.
9-6.105 Home occupations.
(c) Employees. No person other than members of the household residing on the premises
may be employed and working on the site, except that employees, including independent
contractors, partners, and similar employee-type relationships, may be permitted through
administrative use permit approval by adjustment (Section 9-1.112) as follows:
(1) The number of employees shall be unlimited, if the following criteria can be complied
with:
(i) The employees do not work at or report to the site of the home occupation during, or
immediately before or after, the normal operating hours of the business.
(ii) No additional vehicles, equipment, or outside storage shall occur at the residence as a
result of the increased number of employees.
(2) A maximum of two employees, if the following criteria can be complied with:
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(i) No additional client vehicles are generated to the premises as a result of the increased
number of employees.
(ii) The function of the employees in working on the site is to provide direct service to the
employee rather than to the clients of the business.
(iii) It is necessary for the operation of the business to have the employees working at the
site of the home occupation.
(iv) Any additional vehicles, equipment, or outside storage can be maintained on the site in
compliance with subsection (a) of this section.
(v) The allowance of employees will not have any adverse effect on the surrounding
residential area.
(d) Hours of Operation. Hours of operation are unrestricted except that home occupations
which generate sounds audible from off-site shall be limited to the hours from 7:00 a.m. to 7:00
p.m., provided that such home occupation complies with the standards of Section 9-4.163Chapter
9-14.
(e) Limits on the Kinds of Home Occupations Allowable. Subject to all of the standards of
this section, allowable home occupations consist of:
(1) Office-type personal or business services (including personal instruction such as music
lessons or contracting services not involving on-site storage of materials or equipment) that do
not involve the presence of more than one client vehicle at any one time;
(2) Handcraft or artwork production, including but not limited to pottery and ceramics,
artistic glass or metalwork, electronic components, woodcarving and woodworking (except for
mass-production operations such as cabinet shops), antique furniture restoration, painting and
photography, except when such use involves on-site use of equipment requiring more than
standard household electrical current at 110 or 220 volts or that produces noise (see Section 9-
4.163Chapter 9-14), dust, odor or vibration detrimental to occupants of adjoining dwellings.
(3) The personal sale of cosmetics, personal or household products (except appliances), or
other goods or products; when such sales occur on the premises of the purchaser, provided that
wholesale sales may occur pursuant to subsection (f) of this section, or occur off the premises in
some other approved location.
(f) Sale of Products. On-site retail sales of the products of a home occupation are
prohibited, except:
(1) Garage sales or the sale of handcrafted items and artwork produced on-site are allowed
not more than twice per year, for a maximum of two days per sale; and
(2) Home distributors of cosmetics and personal or household products may supply other
approved home occupation proprietors.
(g) Signing. One identification sign with a maximum area of two square feet may be
erected pursuant to Section 9-4.132(b)(15)Chapter 9-15. A commercial vehicle carrying any sign
identifying the home occupation and parked on or adjacent to the residential site visible from the
public street is included in determining the maximum allowable area of on-site fixed signs.
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9-6.106 Residential accessory uses.
The standards of this section apply to the specific types of residential accessor y structures
listed. Agricultural accessory structures for the keeping of animals are subject to Section 9-
6.112109.
(a) Swimming Pools. Swimming pools, including hot tubs, spas, and related equipment,
may be located within any required side or rear setback, provided that they are no closer than
eighteen (18) inches to a property line (additional setbacks may be required by the adopted
building code), and provided that they are fenced as required by Section 9-64.128.
9-6.108 Agricultural uses: Specialized.
Specialized agricultural uses other than crop production are subject to the provisions of the
following sections:
9-6.109 Agricultural accessory buildings.
9-6.110 Animal hospitals and kennels.
9-6.111 Kennels.
9-6.112 Domestic Farm animal raising.
9-6.113 Interim agricultural uses.
9-6.115 Livestock specialties.
9-6.116 Nursery Horticultural specialties.
9-6.117 Roadside Agricultural produce stands.
(Ord. 68 § 9-6.108, 1983)
9-6.110 Animal hospitals.
Animal husbandry facilities, including animal and veterinary hospitals, are subject to the
following standards:
(a) Building Setbacks. Any building used to treat or board animals shall comply with the
following additional setbacks. Any other buildings shall comply with the setbacks established for
the particular zoning district in which the use is located.
(1) A and RS Zone. Setbacks shall be the same as for agricultural accessory buildings
(Section 9-6.109) provided that the front setback may be reduced to twenty-five (25) feet and the
rear setback may be reduced to ten (10) feet, if there are no door or window openings along the
common property line with the adjacent residential use.
(2) CR and CS Commercial Zones. None.
9-6.112 Farm animal raising.
The raising or keeping of animals incidental to a residential use is allowed subject to the
standards of this section, provided that these standards do not apply to domesticated household
pets such as cats and dogs.
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(a) Minimum Site Area. The minimum site area of a parcel used for farm animal raising
shall be as specified in this subsection, unless a smaller site area is allowed as set forth in
subsection (h) of this section. Adjacent parcels may be used to achieve the minimum site area by
adjustment administrative use permit approval (Section 9-1.112) provided that there is a written
agreement with the owner of the adjacent parcel(s); that said adjacent property is accessible for
use by the animals for corrals, pens, pasturing or similar activity; that said adjacent property is
not necessary to comply with minimum site area or animal density requirements for animals on
its own site; and that any such adjustment shall only be valid for the duration of the agreement.
(1) Large Animals.
(i) Horses, burros, donkeys, and similar equines: One acre.
(ii) Cows, steer, and similar bovines: One acre.
(iii) Pigs and swine: One acre.
(2) Small Animals.
(i) Goats, sheep and similar ovines: One-half acre.
(ii) Poultry (and similar ground birds): None.
(iii) Rabbits (and other noncarnivorous animals of similar size): None.
(iv) Turkeys: One-half acre.
(v) Birds (including pigeons and other caged birds): None.
(b) Setbacks. All buildings used to house farm animals including livestock and poultry
buildings, barns, stables, lofts, coops, and similar accessory structures are subject to the setback
requirements of Section 9-6.109. All other animal enclosures including corrals, pens, feed areas,
paddocks, uncovered stables and similar enclosures are subject to the setback requirements of
this subsection. The occasional grazing of domestic animals in these setbacks is allowed
provided that the pasture area is adequately fenced or that the grazing animal is securely
restrained. Setbacks shall be measured from the nearest building used for residential purposes on
adjacent property. Animals may be maintained at lesser setbacks when they were established
prior to the residence on the adjacent property provided that the animals are continuously in
compliance with subsection (c) of this section. If the animals are not so maintained, they may be
required to comply with these setbacks.
(1) Large Animals.
(i) Equines: Fifty (50) feet.
(ii) Bovines: Fifty (50) feet.
(iii) Swine: One hundred (100) feet.
(2) Small Animals.
(i) Ovines: Fifty (50) feet.
(ii) Poultry: Twenty-five (25) feet.
(iii) Rabbits: Twenty-five (25) feet.
(iv) Turkeys: Fifty (50) feet.
(v) Birds: None.
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(c) Maintenance. All buildings housing domestic animals, all animal enclosures, and all
pasture areas shall be maintained free from litter, garbage and the accumulation of manure.
Premises shall be maintained in a neat and sanitary manner. If farm animals are not maintained
in compliance with these standards, or are otherwise allowed to become a nuisance, the Planning
Department shall initiate enforcement proceedings as provided by Chapter 9-8.
(d) Special Requirements. The keeping of specific domestic animals is subject to the
special standards in this subsection in addition to other standards set forth in this section.
(1) Equines. None.
(2) Bovines. None.
(3) Swine. The maximum number of swine allowed on any parcel is three (3) sows and
one boar. A greater number of swine constitute a hog ranch which is not permitted in any zoning
district.
(4) Ovine. None.
(5) Poultry. All poultry shall be contained in coops or pens and not be allowed to run free
on a site. The maximum number of poultry allowed on any parcel is forty (40) (two animal
equivalency units). A greater number of poultry constitute a chicken ranch and shall be subject to
Section 9-6.115 if allowed by a particular zoning district.
(6) Rabbits. All rabbits shall be contained in coops or pens and not be allowed to run free
on a site. The maximum number of rabbits allowed on any parcel is forty (40) (two animal
equivalency units). A greater number of rabbits constitute a rabbit farm and shall be subject to
Section 9-6.115 if allowed by a particular zoning district.
(7) Turkeys. All turkeys shall be contained in coops or pens and not be allowed to run free
on a site. The maximum number of turkeys allowed on any parcel is eight (8) (four animal
equivalency units). A greater number of turkeys constitute a turkey ranch and shall be subject to
Section 9-6.115 if allowed by a particular zoning district.
(8) Birds. None.
(e) Establishment of Animal Equivalency Units. Animal equivalency units are established
in this subsection in order to define relationships among domestic animals of various sizes for
use in determining allowable animal density.
(1) Large Animals.
(i) Equines: Each equine equals one animal equivalency unit.
(ii) Bovines: Each bovine equals one animal equivalency unit.
(iii) Swine: Each swine equals one animal equivalency unit.
(2) Small Animals.
(i) Ovine: Two (2) ovine equal one animal equivalency unit.
(ii) Twenty (20) poultry equal one animal equivalency unit.
(iii) Rabbits: Twenty (20) rabbits equal one animal equivalency unit.
(iv) Turkeys: Two (2) turkeys equal one animal equivalency unit.
(v) Birds: Not applicable.
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(f) Allowable Animal Density. The maximum allowable animal density for a site is
established by this subsection, unless a larger number is allowed as set forth in subsection (h) of
this section.
(1) A Zone. No density limitations.
(2) RS Zone. Three (3) animal equivalency units per acre, provided that, for the first two
(2) acres, no more than one large animal shall be allowed for each full half acre.
(3) RSF Zone. Two (2) animal equivalency units per acre, provided that no more than one
large animal shall be allowed for each full half acre.
(g) Method of Calculating Animal Density. The method of calculating animal density is
established by this subsection. The lot size (in gross acres) is multiplied by the allowable animal
density (in animal equivalency units per acre) for the particular zoning district. The product is the
maximum number of animal equivalency units allowed on the site. As an example, a 1.4 1.9 acre
parcel in the RS Zone would allow 5.6 5.7 animal equivalency units which can be rounded off to
six (6) as provided by Section 9-1.109(b)(4). This would allow two (2) equivalency units for
large animals and four (4) equivalency units for small animals.
(1) Birds. Birds shall not be restricted as to density and shall not affect the allowable
animal density on a parcel.
(2) Fraction of an Equivalency Unit. Since rounding off to whole numbers is provided for
(Section 9-1.109), there will be no fractional equivalency units. Small animal equivalency units
may not be divided between the various small animal subcategories. For example, ten (10)
rabbits does not equal 0.5 animal equivalency units and ten (10) rabbits and ten (10) poultry do
not add together as one animal equivalency unit.
(3) Unweaned Offsprings. Unweaned offsprings are permitted and shall not affect the
allowable animal density on a parcel.
(h) Modification of Certain Standards. The minimum site area and allowable animal
density standards set forth in this section may be adjusted through administrative use permit
approval (see Section 9-1.112) subject to compliance with the criteria set forth in this section,
except that these standards may also be modified through conditional use permit approval (see
Section 9-2.110) if these criteria cannot be satisfied. The setback, maintenance and special
requirements standards may not be modified by adjustment or conditional use permit.
9-6.117 Roadside stands Agricultural produce stands.
These standards apply to the retail sale of agricultural products except hay, grain and feed,
in open structures constructed for agricultural product merchandising. Temporary or seasonal
sales are also subject to Section 9-6.174.
(a) Limitation on Use.
(1) RS Residential Zones. Where stands are permitted, Aall products sold must be grown
on the site of the stand, on adjacent contiguous parcels, or on other agricultural parcels in the city
owned or leased by the owner of the site on which the stand is located. Permanent roadside
stands are not allowed.
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9-6.140 Storage yards.
Outdoor storage yards, excluding the storage of vehicles in a day use parking lot or garage,
are subject to the provisions of this section. The storage of vehicles in a public or commercial
parking lot or garage is subject to Section 9-4.114; the storage of wrecked, abandoned or
vehicles being dismantled, is subject to Section 9-6.131, in addition to this section.
(a) Site Design Standards.
(1) Access. There shall be only one (1) access point to a storage yard for each three
hundred (300) feet of street frontage. Such access point is to be a maximum width of twenty (20)
feet and shall be provided with a solid gate or door.
(2) Screening. A storage yard, except a temporary offsite construction yard, is to be
screened from public view on all sides by solid wood, painted metal or masonry fencing, with a
minimum height of six (6) feet. All required screening shall be continuously maintained in good
condition to assure that its intended purpose is accomplished. This requirement may be waived
through adjustment administrative use permit approval (Section 9-1.112), when:
9-9.102 General definitions.
. . .
Lot, flag. A lot which lies substantially behind another lot and is served by an accessway or access
easement (see Figure 9-F).
FIGURE 9-F: FLAG LOT
. . .
Setback. An open area on a lot between a building and a property line unoccupied and unobstructed
from the ground upward, except as otherwise provided in Section 9-4.103 (see Figure 9-FG).
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FIGURE 9-FG: SETBACKS AND BUILDABLE AREA
Setback, front. An open area without structures, extending across the front of a lot between the side
property lines. The front of a lot is the most narrow dimension of the lot parallel to a street and adjacent to
that street, except as provided for flag lots with both fee title and easement access strips where applicant
may determine that portion of the flag site to constitute the front yard.
. . .
Zero lot line development. A residential project where dwelling units on individual lots of record
are located so they all abut one side property line, without a setback (see Figure 9-GH).
FIGURE 9-GH: ZERO LOT LINE DEVELOPMENT
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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 sSign Area (square feet) and
(may be divided by using one (1) or more sign Ttypes)
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 Oriented
Facing1
AUP
8. Home Occupation P P
9. Information Kiosks AUP AUP AUP AUP AUP
10. Private Light Pole P P P P
11. Ground 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 AUP
16. Neighborhood
Identification
P P
17. Single Tenant
Freestanding Sign
P P P P
18. Suspended P P P P
19. Temporary For-Sale P P P P P
20. Temporary Non-
Commercial
P P P P P
21. Tenant Directional P P P P P
22. Wall P P P P P
23. Window Lettering P P P P
Notes:
1 Freeway signs are regulated by section 9-15.009
(Ord. 609 § 2, 2017; Ord. 604 § 2, 2016)
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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 15.2. 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
except
Residential
10 sf 1 per street
frontage
5 ft. (a) Must be located outside of Right-of-
way on business property, 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.
(b) May project a maximum of five (5)
feet into the public right-of-way
with approved 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 * * * *Refer to section 9-15.010
8. Home Occupation No All Ag &
Residential
Zones
2 sf 1 per
residential
unit
4 ft (a) Requires issuance of a valid
business license prior to placement.
(b) Signage is permitted as a part of a
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Allowed Signage Types – Table 15.2
Sign Type Permit
Required
Zones
Allowed
Max. Sign
Area1
Number of
sign(s)
permitted
Max.
Height2 Special Requirements
Zoning
Districts
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 All
Zoning
Districts
except
Residential
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) Signage on poles shall be placed
within decorative frames or
brackets.
11. Ground
Monument Sign
Yes All Zoning
Districts
Eexcept
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
Zoning
Districts
Zones
50 sf
+ additional
10 sf per
tenant
Max. 100 sf
1 per
property
12 ft (a) Two (2) or more tenants required.
(b) Minimum base height shall be 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
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Allowed Signage Types – Table 15.2
Sign Type Permit
Required
Zones
Allowed
Max. Sign
Area1
Number of
sign(s)
permitted
Max.
Height2 Special Requirements
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 and
Non-
Residential
Zones
Zoning
Districts
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 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
Zoning
Districts
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.
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Allowed Signage Types – Table 15.2
Sign Type Permit
Required
Zones
Allowed
Max. Sign
Area1
Number of
sign(s)
permitted
Max.
Height2 Special Requirements
(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) Freestanding Ssigns in DO/DC
require a building to be setback a
min. of ten (10-) feet from the back
of sidewalk.
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.
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 close 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.
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Allowed Signage Types – Table 15.2
Sign Type Permit
Required
Zones
Allowed
Max. Sign
Area1
Number of
sign(s)
permitted
Max.
Height2 Special Requirements
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 9-15.007(b)(2).
(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. (Ord. 609 § 2, 2017; Ord. 604
§ 2, 2016)
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ATTACHMENT 2: Draft Resolution PC 2107-A
PLN 2017-1650 / ZCH 2017-0186
DRAFT RESOLUTION PC 2017-A
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY
COUNCIL AMEND THE ATASCADERO MUNICIPAL CODE BY
APPROVING PLN 2017-1650 / ZCH 2017-0186
TITLE 9 ZONING ORDINANCE CODE TEXT AMENDMENTS
(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; 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 for
consistency with the General Plan and to maintain a clear and legible set of Zoning Regulations
that is easily interpreted by the public and staff; 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 November 7, 2017, studied and considered PLN 2017-1650; and,
NOW THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
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SECTION 1. Findings for Approval of a Zone Text Change. The Planning
Commission finds as follows:
1. The Planning and Zoning Text Change is consistent with General Plan policies and
all other applicable ordinances and policies of the City.
2. 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 November 7, 2017, 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 – Title 9 Zoning Ordinance
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner ____________, and seconded by Commissioner ______________,
the foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Duane Anderson
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
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EXHIBIT A: CEQA Exemption
PLN 2017-1650 / ZCH 2017-0186
Title 9 Zoning Ordinance Text Amendments
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EXHIBIT B: Zone Text Change – Title 9 Zoning Ordinance
PLN 2013-1462 / ZCH 2013-0168
9-1.112 Administrative use permit.
An administrative use permit is intended to allow for public review of land use proposals
which are not of sufficient magnitude or complexity to warrant a Planning Commission hearing,
but which could have a noticeable impact in the neighborhood. It provides flexibility in the
regulation of certain standards set forth in Chapters 9-4, 9-6, 9-14 and 9-15 of this title. This
procedure ensures public review of proposed uses so that they will be compatible with existing
or desired conditions in their neighborhoods.
(a) When Allowed. When a standard of Chapter 9-4, 9-6, 9-14 or 9-15 identifies specific
circumstances under which reduction or modification of the standards may be appropriate, an
applicant may make application for an administrative use permit.
9-2.108 Plot plan.
A plot plan is a ministerial approval. When a plot plan is required by this title to authorize a
project proposal, its approval certifies that the land use or development will satisfy all applicable
provisions of this title. Plot plan approval is required when a development or use of land is listed
in a particular zoning district as an allowable use and when it is determined by the Planning
Director that the development project, or the establishment of a use of land which is not a
development project, is eligible for a categorical exemption pursuant to Public Resources Code
Section 21084 and the State EIR Guidelines. Approval of a plot plan enables issuance of a
building permit under Title 8 of this Code, or the establishment of a land use which does not
require a building permit, but is still subject to the standards of this title.
(a) Plot Plan Application. Plot plan applications shall include the forms provided by the
Planning Department, and the drawings listed in subsection (b) of this section. Drawings must be
neatly and accurately prepared and at a scale acceptable to the Planning Director which will
enable ready identification and recognition of submitted information.
(b) Plot Plan Content. Drawings filed with plot plan applications shall include the
following, using multiple sheets if necessary:
(1) Site Location and Dimensions. Location, exterior boundaries and dimensions of the
entire property which is the subject of the application shall be depicted. The scale of the drawing
and a north arrow shall be indicated. An area location map showing the proposed project site and
its distance from nearby cross streets, and natural or man-made landmarks, as necessary to
readily locate the site, may be included.
(2) Street Improvements. The location, name, width, and pavement type of adjacent
street(s) or alleys as well as the location of existing or proposed curbs, gutter or sidewalk
improvements, if any, shall be indicated.
(3) Buildings and Structures. The location, dimensions, and use of all existing and
proposed structures on the property, including accessory structures, decks, balconies, fences,
walls and other structural elements that protrude into yard areas shall be indicated. When the use
of a proposed structure is not certain at the time of application, the occupancy-type as defined by
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the Uniform Building Code may be substituted for use. The height of buildings and structures
and elevations (relative height) of the finish floor to the edge of the pavement or road at the
driveway entrance shall be shown.
(4) Utilities. The location, dimensions and type of utilities proposed including water
supply, sewage disposal facilities, electricity, gas or similar shall be shown.
(5) On-Site Improvements. The location and dimensions of existing or proposed
driveways and parking areas (enclosed or open), including type of surfacing materials, and
identification of any driveway grades over twelve percent (12%) shall be made. The location and
dimensions of areas proposed for grading and landscaping shall also be indicated.
(6) Landforms. The generalized location of any major topographic or man-made features
on the site, such as rock outcrops, bluffs, streams and watercourses, or graded areas shall be
shown.
(7) Additional Information. Shall be included with plot plan applications in the following
specific cases:
(i) Grading Plan. When required by Section 9-4.138;
(ii) Drainage Plan. When required by Section 9-4.148;
(iii) Sign Information. When any use is proposed to have signs, a description of their
location, size, design and copy shall be provided;
(iv) Trees. Applications shall show the location of trees existing on the site in or within
fifty (50) feet of the area proposed for grading or other construction, which are eight (8) inches
or larger in diameter at four (4) feet above natural grade. Trees proposed to be removed shall be
specifically identified. Any tree removal is subject to the requirements of Chapter 9-11.
(c) Plot Plan Review and Approval. The Planning Director shall approve a plot plan
application when the proposed project or use satisfies all applicable provisions of this title. (Ord.
552 § 2, 2010; Ord. 68 § 9-2.107, 1983)
9-2.110 Conditional use permit.
(b) Because of the intensity of such uses, public review and input into decisions on
whether to approve such proposals is needed. That input is given in a public hearing before the
Planning Commission. The conditional use permit is a discretionary approval and the Planning
Commission may approve or disapprove a conditional use permit or may adopt additional
conditions of approval. Conditional use permit applications may be denied by the Planning
Commission because of specific findings identified through public hearing testimony or because
of provisions of this title. When conditional use permit approval is required, preparation and
processing of the application shall be as follows:
(1) Conditional Use Permit Content. The content of a conditional use permit application is
to be the same as required for the precise plan use by Section 9-2.109(a).
(2) Conditional Use Permit Processing. Conditional use permit applications shall be
submitted to the Planning Department and shall be processed as follows:
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(i) Environmental Determination. A conditional use permit application accepted for
processing as set forth in Section 9-2.102 shall receive an environmental determination as
required by the California Environmental Quality Act (CEQA). The Planning Department shall
process the application concurrently with the environmental determination.
(ii) Staff Report. The Planning Department shall prepare a staff report which:
a. Describes the characteristics of the proposed land use or development project, as well
as the project site and its surroundings; and
b. References applicable policies and regulations; and
c. Determines whether the proposed use or project satisfies at minimum the provisions of
this title; and
d. Recommends whether, and on what basis the proposal should be approved,
conditionally approved or disapproved.
(iii) Public Hearing. The Planning Director shall schedule the conditional use permit for
public hearing before the Planning Commission as set forth in Section 9-1.110.
(3) Approval. The authority to take final action on a conditional use permit as set forth in
this subsection is assigned to the Planning Commission, provided that such decisions may be
appealed to the City Council (Section 9-1.111, Appeal).
(i) Conditions of Approval. After the conclusion of a public hearing, the Planning
Commission may approve, conditionally approve, or disapprove the conditional use permit. In
conditionally approving a conditional use permit, the Planning Commission shall designate such
conditions to satisfy any requirements of CEQA, and to:
a. Secure compliance with the objectives and requirements of this title and the General
Plan; and
b. Designate time limits or phasing schedules other than those specified in Section 9-
2.112 for the completion of projects when deemed appropriate.
(ii) Additional Conditions. In addition to the conditions of Section 9-2.110(b)(3)(i), the
Planning Commission may adopt other conditions, including but not limited to:
a. Requiring that security be provided to guarantee performance and/or compliance with
conditions of approval, as set forth in Section 9-2.121;
b. Requiring installation of specific on-site or off-site improvements;
c. Requiring periodic review or limiting the permit to a specified period of time;
d. Requiring that the permit be personal to the applicant or be applicable to the property;
e. Any other conditions as are judged by the Planning Commission to be necessary to
achieve compatibility between the proposed use and its site, its immediate surroundings, and the
community.
(iii) Effect of Conditions. Whenever a conditional use permit approval is granted or
amended subject to conditions, use or enjoyment of the conditional use permit approval in
violation, or without observance of any conditions shall constitute a violation of this title. In the
event of such a violation, the approval may be revoked or modified as provided in Section 9-
8.105. The duration of conditions is established in Section 9-2.118. Any change in the conditions
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of approval of a conditional use permit shall only be allowed after following all procedures
undertaken for the original approval.
(iv) Required Findings. If the Planning Commission approves or conditionally approves a
conditional use permit, it shall first find that:
a. The proposed project or use is consistent with the General Plan; and
b. The proposed project or use satisfies all applicable provisions of this title; and
c. 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
d. The proposed project or use will not be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development; and
e. The proposed use or 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
f. The proposed project is in compliance with any pertinent city policy or criteria adopted
by ordinance or resolution of the city council; and
g. Any additional findings deemed necessary.
9-3.104 Symbols used.
(c) Density in Residential Multiple-Family Zoning District. A number specifying the
maximum permitted number of dwelling units per net acre in multiple-family residential zoning
districts shall be appended to the base zoning district to designate the density on the official
zoning maps (Section 9-1.102). Example: Residential Multiple-Family allowing twenty-four (24)
units per net acre within a Historic Site overlay area would show on the official zoning maps as
RMF/20 (HS).
9-3.230 Agriculture & Residential district allowable land uses.
Table 3-1 identifies the uses of land allowed this Zoning Code in each agriculture and
residential district, and the planning permit required to establish each use, in compliance with
Section 9-1 and Section 9-2 of this code. Where the last column in the tables (“Specific Use
Regulations”) includes a section number, the regulations in the referenced section apply to the
use. Provisions in other sections of this article may also apply.
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Table 3-1 – Agriculture & Residential Land Uses
Allowed Land Uses and Permit Requirements
Agriculture / Residential Zones
A Allowed Use, Zoning Clearance Required
AUP Administrative Use Permit
CUP Conditional Use Permit Required
Not Permitted
Permitted Uses By Zones Special Use
Regulation(s)
A RS RSF LSF RMF
Agricultural Related Uses
Agricultural Accessory Uses A A A 9-6.109
Agricultural Produce Stands A A A AUP AUP 9-6.117
Agriculture Employee Housing A 9-6.107
Farm animal raising A A A AUP 9-6.112
Horticultural specialties A A 9-6.116
Large Scale Ag Manufacturing A CUP 9-6.103
Livestock Specialties A CUP 9-6.115
Personal Cannabis Cultivation A A A A A 9-17
Small Scale Ag Processing A A A AUP AUP 9-6.103
Natural Resources and Processing
Resource Extraction CUP CUP 9-6.147- 9.6-61
Residential Uses
Multi-Family Housing A 9-3.175
Manufactured Home / Mobile Home A A A A A 9-6.143
Mobile Home Parks CUP CUP CUP CUP 9-6.142, 9-6.143
Organizational Houses CUP CUP CUP CUP 9-3.175
Residential accessory uses A A A A 9-6.106
Single-family dwelling A A A A 9-6.143, 9-6.184
Secondary Residential Units A A A 9.5
Temporary dwelling A A A A 9-6.175
Recreation, Education, & Public Assembly
Churches and related activities CUP CUP CUP CUP 9-6.121
Parks & Playgrounds AUP AUP AUP AUP
Schools CUP CUP CUP CUP 9-6.125
Schools – Business and Vocational CUP CUP CUP CUP 9-6.125
Temporary events A A A A A 9-6.177
Tourism, Lodging, & Dining
Bed and Breakfast CUP CUP CUP CUP
Services-Professional
Day Care – Small Family Day Care Home A A A A 9-6.125
Day Care – Large Family Day Care / Child
Care Center
CUP CUP CUP CUP 9-6.125
Kennels CUP CUP 9-6.111
Medical Extended Care Services, six (6)
clients or less
A A A CUP 9-6.134
Medical Extended Care Services, seven
(7) clients or more
CUP CUP CUP CUP 9-6.134
Residential Care, six (6) clients or less A A A A 9-6.135
Residential Care, seven (7) clients or
more
CUP CUP CUP CUP 9-6.135
RCFE – Assisted Living, six (6) clients or A A A A 9-6.135
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Table 3-1 – Agriculture & Residential Land Uses
Allowed Land Uses and Permit Requirements
Agriculture / Residential Zones
A Allowed Use, Zoning Clearance Required
AUP Administrative Use Permit
CUP Conditional Use Permit Required
Not Permitted
Permitted Uses By Zones Special Use
Regulation(s)
A RS RSF LSF RMF
less
RCFE – Assisted Living, seven (7) clients
or more
CUP CUP CUP CUP 9-6.135
RCFE – Independent Living Center /
Senior Apartments
CUP
RCFE – Retirement Hotel CUP
Transportation, Infrastructure & Communication
Pipelines Utility Infrastructure CUP CUP CUP CUP CUP
Utility Transmission Facilities A A A A A
Wireless Communication Facilities CUP CUP CUP CUP CUP
Notes:
Zoning Districts Abbreviations
A – Agriculture; RS-Residential Suburban ; RSF-Residential Single Family Residential ; LSF – Limited
Single Family Residential ; RMF – Residential Multi-Family
(Ord. 602 § 2, 2016)
9-3.242 Minimum lot size—RS Zone.
The minimum lot size in the Residential Suburban Zone shall be two and one-half (2 1/2)
acres and may range up to ten (10) acres depending upon conformance with performance
standards established in this section.
(a) Performance Standards. The following performance standards shall be evaluated for
each lot in determining its minimum lot size:
(1) Distance from the Center of the Community. Using the Atascadero Administration
Building as the center of the community, the lot size factor based on this performance standard
shall be:
Distance* Lot Size Factor
0 — 8,000′ 0.20
8,000′ — 10,000′ 0.25
10,000′ — 12,000′ 0.30
12,000′ — 14,000′ 0.40
14,000′ — 16,000′ 0.50
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16,000′ — 18,000′ 0.60
18,000′ — 20,000′ 0.75
20,000′ + 0.90
* To be measured as radial distance using map maintained in Planning Department.
(2) Septic Suitability. Using generalized soils data from the Natural Resources
Conservation Service Reports, the lot size factor based on this performance standard shall be:
NRCS Rating* Lot Size Factor
Well suited 0.50
Moderate 0.75
Slow 1.00
Severe 1.50
* Refer to map maintained in Community Development Department.
Percolation tests may be substituted for the Natural Resources Conservation Service
Reports. These shall be prepared by a registered civil engineer or licensed sanitarian. The
following conversion chart shall be used to determine the appropriate lot size factor:
9-3.243 Minimum lot size—RSF Zone.
(a) Performance Standards. The following performance standards shall be evaluated for
each lot which is appended with the “Z” symbol in determining its minimum lot size:
(1) Distance from the Center of the Community. Using the Atascadero Administration
Building as the center of the community, the lot size factor based on this performance standard
shall be:
Distance* Lot Size Factor
0—4,000′ 0.08
4,000′—6,000′ 0.10
6,000′—8,000′ 0.12
* To be measured as radial distance using map maintained in the Planning Department.
(2) Septic Suitability. Using generalized soils data from the Natural Resources
Conservation Service Reports, the lot size factor based on this performance standard shall be:
NRCS Rating* Lot Size Factor
Well suited 0.30
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Moderate or slow 0.50
Severe 0.70
* Refer to map maintained in Community Development Department.
Percolation tests may be substituted for the Natural Resources Conservation Service reports.
These shall be prepared by a registered civil engineer or licensed sanitarian. The following
conversion chart shall be used to determine the appropriate lot size factor:
9-3.244 Minimum lot size—LSF Zone.
(a) Performance Standards. The following performance standards shall be evaluated for
each lot which is appended with the “Z” symbol in determining its minimum lot size:
(1) Distance from the Center of the Community. Using the Atascadero Administration
Building as the center of the community, the lot size factor based on this performance standard
shall be:
Distance* Lot Size Factor
0—4,000′ 0.08
4,000′—6,000′ 0.10
6,000′—8,000′ 0.12
* To be measured as radial distance using map maintained in the Planning Department.
(2) Septic Suitability. Using generalized soils data from the Natural Resources
Conservation Service Reports, the lot size factor based on this performance standard shall be:
NRCS Rating* Lot Size Factor
Well suited 0.30
Moderate or slow 0.50
Severe 0.70
* Refer to map maintained in Community Development Department.
Percolation tests may be substituted for the Natural Resources Conservation Service
Reports. These shall be prepared by a registered civil engineer or licensed sanitarian. The
following conversion chart shall be used to determine the appropriate lot size factor:
9-3.252 Density—RMF Zone.
The maximum allowable density in the Residential Multiple-Family Zone shall be
designated on the official zoning maps as provided by Section 9-3.104(c) and be consistent with
the General Plan for new residential subdivisions as follows:
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(a) Areas Designated Low Density Multiple-Family Residential. The minimum number of
dwelling units per net acre is two (2). The maximum number of dwelling units per net acre is ten
(10).
(b) Areas Designated High Density Multiple-Family Residential. The minimum number
of dwelling units per net acre is twenty (20). The maximum number of dwelling units per net
acre is twenty-four (24).
(c) Hillside Density Standards. The densities permitted by subsections (a) and (b) of this
section shall be modified to the following densities based on site topography, as follows:
Average Slope Low Density
Multiple-Family
(units/acre)
High Density Multiple-Family (units/acre)
Minimum Maximum
0—10.99% 10 20 24
11—15.99% 7 14 17
16—20.99% 5 10 12
21—25.99% 3 6 7
26—30.0% 2 4 5
> 30% 1 2 2
(d) For medical extended care services, where residents are primarily nonambulatory, the
following maximum bed/net acre densities may be permitted, where subject to Planning
Commission conditional use permit approval:
RMF-10 District 34 beds/net acre
RMF-24 District 55 beds/net acre
9-3.262 Property development standards—RMF.
(i) RMF-24 properties identified in Appendix 1, Table V-45 (Vacant Residential Parcels
RMF-20), of the General Plan Housing Element shall be permitted “by right” and will not be
subject to conditional use permit or specific plan. Proposed planned development projects or
other relief from property development standards on these parcels shall be subject to
discretionary review per the requirements of the Municipal Code.
(Ord. 602 § 2, 2016)
9-3.330 Nonresidential district allowable land uses.
Table 3-2 identifies the uses of land allowed by this Zoning Code in each nonresidential
district, and the planning permit required to establish each use, in compliance with Chapters 9-1
and 9-2 of this code. Where the last column in the tables (“Specific Use Regulations”) includes a
section number, the regulations in the referenced section apply to the use. Provisions in other
sections of this article may also apply.
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Table 3-2 – Non-Residential Use Table
Allowed Land
Uses and Permit
Requirements
Non-Residential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Use Permitted Uses By Zones Special Use
Regulation(s) CN CP CR CS CT CPK DC DO IP I
Agricultural Resources
Agricultural
Produce Stands
A A A A 9-6.117
Farm Equipment
& Supplies
A A A A A
Farmer’s Market CUP CUP CUP CUP CUP A A
Horticultural
specialties
A A A A A 9-6.116
Large Scale Ag
Manufacturing
CUP CUP A 9-6.103
Residential Uses
Age Restricted
Housing
CUP
Care Taker’s
Residence /
Employee Unit
CUP CUP CUP
Live/Work Unit A1
Multi-family
Dwellings
CUP2 CUP2 CUP2 CUP2 A1 A1
Single-family
dwelling
A1 A1
Single-Room
Occupancy Units
CUP 9-6.184
Recreation, Education, & Public Assembly
Amusement
Services
A A A A A A
Churches &
Related Activities
CUP CUP 9-6.121
Indoor
Recreation
Services
CUP CUP CUP A
A CUP CUP CUP
Libraries,
Museums A A A A A A
Membership
Organizations
A A CUP CUP
Outdoor
Recreation
Services
CUP CUP A 9-6.123
Parks &
Playgrounds
A A
Public Assembly
& Entertainment
CUP CUP A CUP CUP
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Table 3-2 – Non-Residential Use Table
Allowed Land
Uses and Permit
Requirements
Non-Residential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Use Permitted Uses By Zones Special Use
Regulation(s) CN CP CR CS CT CPK DC DO IP I
Schools -
Business &
Vocational
A A A A CUP CUP CUP CUP 9-6.125
Schools A A A CUP CUP 9-6.125
Recreation, Education, & Public Assembly
Social & Service
Organizations A A A
Sports Assembly CUP CUP A
Temporary
Events
A/
CUP3
CUP A/
CUP3
A/
CUP3
A/
CUP3
A/
CUP3
A/
CUP3
A/
CUP3
A A 9-6.177
Tourism, Lodging, & Dining
Bar/Tavern CUP CUP CUP A
Bed and
Breakfast
CUP CUP CUP CUP
Drive-Through
Sales or
Services
CUP CUP CUP CUP CUP CUP 9-4.122
Eating & Drinking
Places A A A A A A A A A A
Hotels, Motels CUP A A A CUP
Microbrewery -
Brewpub
A CUP A A A A A A A A
Recreational
Vehicle Parks
A 9-6.180
Tasting Room A CUP A A A A A CUP CUP CUP
Retail Trade and Sales4
Accessory
Storage
A A A A A A A 9-6.103
Adult Oriented
Business
A A A A 9-16
Artisan Foods
and Products
A A A A5 A A
Auto Dealers
(New & Used) &
Supplies
CUP CUP CUP CUP CUP 9.6.163
Building
Materials &
Hardware
A A A A A A 9-6.165
Fuel Dealer A A A A A 9-6.129
General Retail A A A A A A A
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Table 3-2 – Non-Residential Use Table
Allowed Land
Uses and Permit
Requirements
Non-Residential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Use Permitted Uses By Zones Special Use
Regulation(s) CN CP CR CS CT CPK DC DO IP I
General Retail
greater than
50,000 sf
CUP CUP CUP CUP CUP CUP CUP
Mobile eating
and drinking
vendors6
A A A A A A A A
Retail Sales -
Restricted
A CUP CUP
Sales Lots CUP CUP CUP CUP 9-6.139
Service Stations CUP CUP CUP A 9-6.164
Temporary or
Seasonal Sales
A A A A A A A A A 9-6.174
Services-Business, Financial & Professional
ATM A A A A A A A A A A
Financial
Services &
Banks
A A A A A A CUP A
Government
Offices &
Facilities
A A A A A A A A A A
Health Care
Services A A A CUP A A A
Offices A A A A A A A A
Temporary
Offices
A A A 9-6.176
General Services
Animal Hospitals CUP7 CUP A CUP 9-6.110
Auto Repair and
Services
CUP A A CUP A A 9-6.168
Business
Support Services
A A A A A A A A
Contract
Construction
Services
A A8 A A
Day Care
Childcare
Center
A A A CUP 9-6.125
Large Family
Day Care
CUP9 CUP9 9-6.125
Small Family
Daycare
A9 A9 A9 A9 A9
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Table 3-2 – Non-Residential Use Table
Allowed Land
Uses and Permit
Requirements
Non-Residential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Use Permitted Uses By Zones Special Use
Regulation(s) CN CP CR CS CT CPK DC DO IP I
Adult Day
Care Facility
A A A CUP
Kennels CUP A 9-6.111
Laundromat /
Coin-Operated
Laundry
A A A A A CUP CUP A A
Medical
Extended Care
Services: 6
Residents or
Less
A A 9-6.134
Medical
Extended Care
Services: 7
Residents or
More
A A 9-6.134
Mini-Storage CUP CUP A A
Mortuary
Services
A A
Personal
Services
A A A A A CUP A
Personal Service
Restricted
A CUP CUP
Printing &
Publishing
CUP CUP A A A
RCFE – Assisted
Living
A A A 9-6.135
RCFE –
Independent
living / Senior
Apartments
CUP CUP CUP 9-6.135
RCFE –
Retirement Hotel
CUP CUP CUP 9-6.135
Residential Care:
6 Residents or
Less
A1 A1 9-6.135
Vehicle &
Equipment
Storage4
CUP CUP A A 9-6.183
Industrial, Wholesale, Manufacturing Uses
Brewery –
Production CUP CUP A A
Collection A A A A A A A A 9-6.130
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Table 3-2 – Non-Residential Use Table
Allowed Land
Uses and Permit
Requirements
Non-Residential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Use Permitted Uses By Zones Special Use
Regulation(s) CN CP CR CS CT CPK DC DO IP I
Stations
Laundries & Dry
Cleaning Plants
A A A A
Medical
Research
CUP A A CUP A A
Manufacturing &
Processing -
Low Intensity
CUP CUP A A A A
Manufacturing &
Processing –
High Intensity4
CUP CUP AUP AUP
Recycling &
Scrap
CUP CUP 9-6.131
Recycling
Centers
CUP CUP 9-6.132
Research &
Development
CUP A A CUP A A A
Storage,
Recycling and
Dismantling of
Vehicles and
Material
CUP A A 9-6.131
Warehousing CUP CUP A A
Wholesaling &
Distribution
Center4
AUP AUP A A A A
Winery -
Boutique
A A A A A A A
Winery –
Production
CUP CUP A A
Transportation Communication & Infrastructure
Broadcast
Studios
A A
Data and
Computer
Services Center
AUP AUP CUP A A
Parking Lots AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP
Telecommunicati
on Facility
CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP
Transit Stations CUP CUP A CUP CUP CUP CUP CUP
Utility Facilities CUP CUP CUP CUP CUP CUP CUP CUP
Vehicle & Freight
Terminals
CUP CUP CUP
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Table 3-2 – Non-Residential Use Table
Allowed Land
Uses and Permit
Requirements
Non-Residential
Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Not Permitted
Use Permitted Uses By Zones Special Use
Regulation(s) CN CP CR CS CT CPK DC DO IP I
Utility
Infrastructure
A A CUP A A A CUP CUP A A
Notes: (These notes apply only to Table 3-2).
1 Residential uses allowed only on second and third floors, except sites north of Olmeda Avenue. If a project is
required to provide a unit in compliance with the Americans with Disabilities Act, the handicapped accessible
unit may be located on a first floor. A first floor unit shall be located in a non-storefront location within a tenant
space.
2 Multi-family dwellings permitted when located on the second floor or above, or within an existing residential
structure of historical significance.
3 Temporary events requiring more than 3 days for onsite setup and teardown require the approval of a
conditional use permit (Section 9-2.110).
4 Outdoor commercial and industrial sales and storage developments (as defined by Section 9 -9.102) of ten
thousand (10,000) square feet or more require the approval of a conditional use permit (Section 9 -2.110), even
if such a development is listed as an allowable use in a particular zoning district.
5 Handcrafted and artisan food production shall be ancillary to the retail component.
6 Mobile Food vending permitted if use is located outside of right -of-way and located on private property
7 When no overnight stays of animals are included.
8 No outdoor storage permitted.
9 Permitted when in association with conforming and legal non -conforming residences.
Zoning District
Abbreviations
CN – Commercial Neighborhood; CP – Commercial Professional; CR – Commercial Retail; CS – Commercial
Service; CT – Commercial Tourist; CPK – Commercial Park; DC – Downtown Commercial; DO – Downtown
Office; IP – Industrial Park ; I – Industrial
(Ord. 602 § 2, 2016)
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9-3.347 DC/DO Zone.
The following are property development standards for both the DC and DO zoning districts,
in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this
title.
Development Feature
Requirement by Zoning District
DC DO
Downtown Commercial Downtown Office
Minimum lot size No minimum
Setbacks Minimum and maximum setbacks required. See Section 9-
4.103 for setback requirement, allowed projections into
setbacks, and exceptions to setbacks.
Front None allowed, except for
building insets designed to
accommodate outdoor eating and
seating areas, and except for East
and West Mall between El
Camino Real and Palma Avenue,
where a minimum of 20 feet is
required.
As required by Section 9-
4.106 when adjacent to a
residential zone, none
required otherwise.
Sides (each) None required
Rear None required
Creek To be determined through Design Review
Height limit 45 feet not to exceed 3 stories; 18
feet on the west side of El
Camino Real between Atascadero
Creek and the lot line common to
Lots 19 and 20, Block H-B,
Atascadero Colony Map.
35 feet
Landscaping As required by Section 9-4.124 et seq. (Landscaping,
screening and fencing)
Off-street parking None required, except as required
by Section 9-4.114 for hotels,
motels, and residential uses, and
for all development east of
Atascadero Creek.
As required by Sections 9-
4.114 et seq.
Signs See Chapter 9-15
Density 20 dwelling units/acre maximum 20 dwelling units/acre
maximum
(Ord. 602 § 2, 2016)
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9-3.500 Definitions.
As used in Title 9, the following terms and phrased shall have the meaning ascribed to them
in this Section, unless the context in which they are used clearly requires otherwise.
A. Definitions “A”
Accessory Storage. The indoor or outdoor storage of various materials on the same site as a
principal building or land use which is other than storage, which supports the activities or
conduct of the principal use.
Adult-Oriented Business. Any business defined by Chapter 19 of Title 9 in the Atascadero
Municipal Code, or subsequent code section, as an adult arcade, adult bookstore, adult novelty
store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater,
massage parlor (excluding State-licensed massage therapy), sexual encounter establishment, or
nude model studio is an adult oriented business.
Age Restricted Housing. Residential multifamily or single-family units that restrict
occupancy based on age. This use typically consists of senior housing which restricts age for
fifty-five (55) and older.
Agricultural Accessory Uses. Uses that are customarily part of an agricultural activity
including structures that are designed to house farm implements, hay, grain, poultry, livestock, or
other horticulture products, including noncommercial greenhouse that are incidental and
secondary to a residential use. This does not include garages, workshops, or other similar
residential accessory structures.
Agricultural Produce Stands. Open structures for the retail sale of agricultural products
(except hay, grain and feed sales which are included under “Farm Equipment and Supplies”)
which are grown on the site in residential or agriculture zones. This does not include farmers’
markets or “seasonal sales” located in nonresidential zoning districts, defined under “temporary
sales.”
Agriculture Employee Housing. Includes single-family dwellings, or other lodging
accommodations provided as a part of farming operations, as regulated under the California
Health and Safety Code, employees on land owned by the owner of the building site on which
the lodging is located.
Amusement Services. Establishments providing indoor amusement, entertainment, or
personal enrichment services on payment of a fee or admission charge, such as: arcades and
coin-operated amusements; dance halls, and ballrooms which are principal uses rather than being
subordinate to an eating or drinking place; health and exercise facilities including yoga, dance,
martial arts and similar small studios that do not include courts or similar facilities; and music
and arts and crafts instruction. Athletic facilities with basketball, racquetball or similar indoor
participation sports are classified as “indoor recreation services”.
Animal Hospitals. Establishments primarily engaged in performing services for animals,
including veterinary services and animal hospitals. Does not include kennels, which are listed as
a separate category.
Artisan Foods and Products. An establishment that specializes in artisan food production,
art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, where the facility
includes a retail component.
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Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments
selling new and used automobiles, including, but not limited to, light trucks (US DOT Class 1, 2,
and 3), boats (FBSA Class A and Class 1 boats (under twenty-six (26) feet in length)),
recreational vehicles, recreational/utility trailers, motorcycles and mopeds. Also includes
establishments selling new parts and accessories within a building for the above. Does not
include establishments dealing exclusively in used parts. Includes automobile repair shops only
when maintained by establishment engaged in the sale of vehicles on the same site. Does not
include “service stations,” which are separately defined.
Auto Repair and Services. Service establishments primarily engaged in the repair,
alteration, painting, washing or waxing of automobiles, and lube services. May also include
rental of cars, trucks or trailers; leasing of cars and trucks. Does not include repair shops which
are subordinate to and maintained by a vehicle dealership.
Automated Teller Machine (ATM). Computerized, self-service machines used by banking
customers for financial transactions, including deposits, withdrawals and fund transfers, without
face-to-face contact with financial institutions personnel. The machines may be located at or
within banks, or in other locations.
B. Definitions “B”
Bar/Tavern. Establishments where alcoholic beverages are sold for on-site consumption,
which is not part of a larger restaurant. Includes bars, taverns, pubs, night clubs, and similar
establishments where any food service is subordinate to the sale of alcoholic beverages. Does not
include adult entertainment businesses or uses defined under microbreweries or tasting rooms.
Bed and Breakfast. Transient lodging establishments primarily engaged in providing
overnight or otherwise temporary lodging for the general public. Such establishments provide
limited meal service, generally breakfast, for lodgers.
Brewery – Production. An establishment which produces ales, beers, meads, hard ciders,
and/or similar beverages on-site. Production breweries are classified as a use which requires a
Class 01 type licensure from Alcohol Beverage Control (ABC). Breweries may also serve
beverages on-site, and sell beverages for off-site consumption in keeping with the regulations of
the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF).
Broadcasting Studios. Commercial and public communications uses including radio,
television broadcasting and receiving stations and studios with facilities entirely within
buildings. Does not include antennas and towers, which are defined under “telecommunications
facilities.”
Building Materials and Hardware. Retail trade establishments primarily engaged in the
sale of lumber and other building materials, including paint, wallpaper, glass, hardware, nursery
stock, lawn and garden supplies. Includes all such stores selling to the general public, even if
sales to contractors account for a larger proportion of total sales. Establishments primarily selling
plumbing, heating, and air conditioning equipment and electrical supplies are classified in
“wholesaling and distribution centers.”
Business Support Services. An establishment or business located entirely within a building
that is open to customer visitation and with limited or no storage, which provides services to
other business including, but not limited to:
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• Blueprinting and reprographics, copying and quick printing services;
• Computer related services repair and rental;
• Private mail and mailbox service not affiliated with federal mailing agency;
• Co-working spaces, incubator-type services that provide office-type working spaces
for a fee.
C. Definitions “C”
Caretaker Residence/Employee Unit. A permanent residence that is secondary or
accessory to the primary use of the property, and used for housing a caretaker employed on the
site of any nonresidential use where a caretaker is needed for security purposes or to provide
twenty-four (24) hour care or monitoring of plants, animals, equipment, or other conditions on
the site. Does not include housing for caretaker-type employees in the Agriculture Zone which is
defined as “agriculture employee housing.”
Cemeteries. Interment establishments engaged in subdividing property into cemetery lots
and offering burial plots or air space for sale. Includes animal cemeteries and cemetery,
mausoleum and columbarium operations. Excludes funeral parlor and related facilities which are
listed under “mortuary services.”
Churches and Related Activities. Religious organization facilities operated for worship or
for promotion of religious activities, including churches and religious Sunday-type schools.
Other establishments maintained by religious organizations, such as educational institutions,
hospitals and other operations that may be considered commercial in nature if not run by the
religious organization (such as a recreational camp) are classified according to their respective
activities.
Collection Stations. Facilities for the temporary accumulation and storage of recyclable
discarded materials, which are subsequently transported to recycling centers or solid waste
disposal sites for further processing. Does not include automobile wrecking yards or any
recycling processing facilities, which are listed under “recycling and scrap.” Does not include
temporary storage of toxic, mutagenic or radioactive waste materials.
Contract Construction Services. Office uses with indoor/or outdoor facilities operated by,
or on behalf of a building contractor, exterminator, janitorial service or similar for storage of
large equipment, vehicles, and/or other materials commonly used in the individual contractor’s
type of business and can include the storage of materials used for repair and maintenance of
contractor’s own equipment; and buildings or structures for uses by the contractor.
D. Definitions “D”
Data and Computer Services/Center. A use where the majority of the space is occupied
by computers and/or related equipment and where information is processed, transferred, and/or
stored (also commonly referred to as “server farms.)” Data and computer service/centers may
contain data technology centers, internet service providers (ISPs), network operation centers,
web hosting facilities and other similar establishments primarily engaged in providing direct
access through telecommunication networks to computer-held information.
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Day Care. Facilities that provide nonmedical care and supervision of individuals for
periods of less than twenty-four (24) hours. These facilities include the following, all of which
are required to be licensed by the California State Department of Social Services or successor
agency. Day care uses include the following:
• Child Care Center. Child day care facilities designed and approved to accommodate
fifteen (15) or more children. Includes infant centers, nursery schools, preschools, sick-child
centers, and school-age day care facilities. These may be operated in conjunction with a
school or church facility, or as an independent land use.
• Large Family Day Care Home. As provided by Health and Safety Code Section
1596.78 or successor provision, a home that regularly provides care, protection, and
supervision for seven (7) to twelve (12) children, including up to two (2) children under the
age of ten (10) years who reside in the home, for periods of less than twenty-four (24) hours
per day, while the parents or guardians are away.
• Small Family Day Care Home. As provided by Health and Safety Code Section
1596.78 or successor provision, a home that provides family day care for six (6) or fewer
children, including two (2) children under the age of ten (10) years who reside in the home.
• Adult Day Care Facility. A day care facility providing care and supervision for adult
clients.
Drive-Through Sales or Services. A facility where food or other products may be
purchased or where services may be obtained by motorists without leaving their vehicles.
Examples of drive-through sales facilities include fast-food restaurants, drive-through coffee,
photo-stores, pharmacies, etc. Examples of drive-through service facilities include drive-through
bank teller windows, automated teller machines (ATM), dry cleaners/laundromats, etc., but do
not include service stations or other vehicle services, which are separately defined.
E. Definitions “E”
Eating and Drinking Places. Restaurants and other establishments selling prepared foods
and drinks for consumption on the premises, as well as facilities for dancing and other
entertainment which are secondary and subordinate to the principal use of the establishment as
an eating and drinking place. Also includes lunch counters and refreshment stands selling
prepared goods and drinks for immediate consumption. Restaurants, lunch counters, and drinking
places operated as subordinate service facilities within other establishments are not included here
unless they are operated as leased departments by outside operators. Does not include
establishments with drive-through facilities or uses defined under adult oriented business.
EV Charging Site. Electric Vehicle (EV) charging site includes level one, level two, and
level three charging sites that are an accessory use to a primary use, such as a parking lot,
building, or multi-family residence. These charging sites are incidental uses and may or may not
charge a fee for use. Does not include stand-alone EV charging station as defined in “service
stations.”
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F. Definitions “F”
Farm Animal Raising. The keeping, feeding or grazing of animals as an avocation, hobby,
or school project, subordinate to the principal residential use of a property, includes species
commonly considered as farm animals as well as exotic species, but does not include household
pets. This includes the raising or feeding of beef cattle, sheep and goats by grazing or pasturing.
Does not include uses defined as “livestock specialties.”
Farm Equipment and Supplies. Establishments primarily engaged in the sale or rental of
agricultural machinery and equipment for use in the preparation and maintenance of the soil, the
planting and harvesting of crops, and other operations and processes pertaining to work on the
farm; also dairy and other livestock equipment including trailers. Includes agricultural
machinery, dairy farm machinery and equipment, irrigation equipment, poultry equipment and
frost protection equipment; hay, grain and feed sales.
Farmers’ Market. The temporary and intermittent use of a public or private property for
the outdoor sales of food and farm produce in compliance with California Food and Agriculture
Code Section 1392 et seq., and artisan products or similar farmers’ markets products that include
multiple sales vendors.
Financial Services. Service establishments primarily engaged in the field of finance,
including: banks and trust companies; credit agencies other than banks; brokers and dealers in
securities and commodity contracts; security and commodity exchanges; holding (but not
predominantly operating) companies; and other investment companies.
Fuel Dealers. Retail trade establishments primarily engaged in the sale to consumers of
liquefied petroleum gas (LPG), propane, bottled or other fuels in bulk. Does not include
accessory uses as part of a service station.
G. Definitions “G”
General Retail. Stores and shops selling either many lines of merchandise, or specialized
type of merchandise, where the retail sales are conducted primarily within a building. Examples
include, but not limited to:
• Antique stores, second hand stores, jewelry stores, hobby materials, specialty stores;
• Art galleries, art supplies, collectibles, hobby materials;
• Bicycles, toys, games, sporting goods and equipment;
• Department stores, drug stores, pharmacies, supermarkets, groceries stores, specialty
food markets, membership warehouse clubs;
• Florists, house plant stores (indoor sales), small house wares;
• Home furniture stores, consumer electronic/audio visual goods, bookstores, home
and/or office appliance stores (excludes wholesale sales not open to the general public);
• New clothing, shoes, and accessory retail stores;
• Stationary, dry goods, fabric stores and sewing supplies, and variety stores;
• Stand-alone convenience markets (excludes fuel sales), warehouse retail stores,
building supply hardware stores where outdoor sales are limited to under ten thousand
(10,000) square feet.
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Pawn shops and retail stores that sell smoking, tobacco and vaping products as the primary use
are included in “personal services–restricted.”
Government Offices and Facilities. Administrative, clerical, or public contact and/or
service offices of recognized local, state, or federal agencies. Includes post offices, City Hall,
municipal corporation yards, etc.
H. Definitions “H”
Health Care Services. Service establishments primarily engaged in furnishing medical,
mental health, surgical and other personal health services including: medical, dental, and
psychiatric offices (mental health) related services, including various types of counseling
practiced by licensed individuals other than medical doctors or psychiatrists, medical and dental
laboratories; outpatient care facilities; and allied health services. Associations or groups
primarily engaged in providing medical or other health services to members are included. Also
includes hospitals and similar establishments primarily engaged in providing diagnostic services,
extensive medical treatment including surgical and other hospital services; such establishments
have an organized medical staff, inpatient beds, and equipment and facilities to provide complete
health care. Nursing homes and similar long-term personal care facilities are classified in
“residential care.” Unlicensed individuals are included under “offices.”
Home Occupations. The gainful employment of the occupant of a dwelling, with such
employment activity being subordinate to the residential use of the property.
Horticultural Specialties. Businesses engaged in the production of ornamental plants, tree
farms, and other products, grown under cover or outdoors. Also includes establishments engaged
in the sale or on-site production of such product.
Hotels, Motels. Commercial transient lodging establishments, including hotels, motor
hotels, motels, tourist courts or cabins, primarily engaged in providing overnight or otherwise
temporary lodging, with or without meals, for the general public. Such establishments shall not
provide kitchen facilities in more than twenty-five percent (25%) of the units.
I. Definitions “I”
Indoor Recreation Services. Facilities for various indoor sports and recreation, including:
bowling alleys; ice skating and roller skating; gymnasiums, health and athletic clubs; tennis,
handball, racquetball and similar indoor sports; shooting and archery ranges; recreation and
community centers. Smaller fitness studios without courts are classified as “personal enrichment
services”.
J. Definitions “J”
K. Definitions “K”
Kennels. A lot, building, structure, enclosure or premises where four (4) or more dogs or
cats (four (4) months of age or older) are kept or maintained, including the keeping of such
animals for sale, for commercial breeding or for lodging and care. Does not include dogs and
cats kept for noncommercial purposes.
L. Definitions “L”
Large Scale Ag Manufacturing. The large scale processing of agriculture products
subsequent to their harvest, with the intent of preparing them for market or further processing
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including: alfalfa cubing; hay baling and cubing; corn shelling; drying of corn, rice, hay, fruits
and vegetables; grain cleaning and custom grinding; custom grist mills; custom milling of flour,
feed and grain; sorting, grading and packaging of fruits and vegetables; tree nut hulling and
shelling; cotton ginning; and wineries in excess of one thousand (1,000) square feet in total use
area. This does not include the growing, harvesting, and production of medical marijuana, or
legally approved uses of marijuana by either the State of California or Federal Government.
Laundries and Dry Cleaning Plants. Service establishments primarily engaged in high
volume laundry and garment services, including: power laundries (family and commercial);
garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and
upholstery cleaners. Does not include coin-operated laundries or dry cleaning pickup stores
without dry cleaning equipment, which are classified in “personal services.”
Laundromat / Coin-Operated Laundry. Facilities providing washing and drying
machines for use by customers for a fee as a primary use. Dry cleaning pick-up stores are
classified as “personal services”.
Libraries, Museums. Permanent public or quasi-public facilities generally of a
noncommercial nature such as libraries, museums, art exhibitions, planetariums, aquariums,
botanical gardens, arboretums and zoos. Also includes historic sites and exhibits.
Livestock Specialties. Agricultural establishments primarily engaged in commercial
livestock keeping or feeding as a principal land use which, because of operational characteristics,
may generate dust, odors or visual impacts which could have an adverse effect upon adjacent
properties. Such uses include dairies; chicken, turkey and other poultry farms; animal specialties
(such as rabbit farms and other fur-bearing animals); other specialties such as bee farms, aviaries,
worm farms, etc.
Live/Work Units. An integrated housing unit and working space, occupied and utilized by
a single household in a structure, either single-family or multifamily, that has been designed or
structurally modified to accommodate joint residential occupancy and work activity, and which
includes:
• Complete kitchen space and sanitary facilities in compliance with the Building Code;
• Working space reserved for and regularly used by one or more occupants of the unit;
• Working space includes uses that are permitted within the zoning district.
M. Definitions “M”
Manufacturing, Repair, and Processing – High Intensity. A facility or establishment that
accommodates manufacturing processes that involve and/or produce building materials,
fabricated metal products, machinery, and other similar manufacturing uses, where the intensity
or scale of operations is determined to be greater than those classified under “manufacturing and
processing – low intensity,” but where impacts to surrounding neighborhoods, businesses, and
the community may cause a significant impact. Uses may have an indoor setting, however uses
may also be conducted outdoors. Examples of manufacturing and processing uses that are
considered high-intensity include the following, but are not limited to:
• Machinery manufacturing that makes or process raw materials into products;
• Metal fabrication and welding shops engaged in the production and/or assembly of
metal, and other similar metal shops;
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• Manufacturing that cuts, shapes, and/or finishes building materials used in home or
nonresidential construction;
• Chemical product manufacturing that produces or uses basic chemicals and other
establishments creating products predominantly by chemical processes;
• Product manufacturing that produces bulk concrete, asphalt, and other paving
materials;
• Paving and roof materials manufacturing of various common paving and petroleum-
based roofing materials including bulk asphalt, paving blocks made of asphalt, creosote
wood, and various compositions of asphalt and tar;
• Plastics, other synthetics and rubber manufacturing;
• Primary metal industries engaged in smelting, refining of ferrous and nonferrous
metals;
• Other similar heavy intensive uses.
Manufacturing, Repair, and Processing – Low Intensity. A facility or business that
engages in the assembly, fabrication, and conversion of already processed raw materials into
products, where the operational characteristics of the manufacturing process and the materials
used are unlikely to cause significant impacts to the existing surrounding neighborhood or
businesses in a indoor setting. Examples of manufacturing and processing uses that are
considered low intensity include the following, but are not limited to:
• Artisan manufacturing and production where no retail component exists;
• Production, assembly, and/or repair where no raw materials are manufactured;
• Production and assembly of precision electronics and scientific instruments, including
on-site offices;
• Producing or processing of foods and beverages for human consumption where no
retail component exists and does not include noxious odors or excessive noise and no
slaughter occurs on-site;
• Repair and service of small consumer products;
• Small scale manufacturing where assembling and/or manufacturing is completed by
hand or precision tools;
• Small product manufacturing not classified in another major manufacturing group.
Medical Extended Care Services. Residential facilities providing nursing and health-
related care as a primary use with in-patient beds. Examples of these uses include: board and
care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities.
Long-term personal care facilities that do not emphasize medical treatment are included under
“residential care.”
Medical Marijuana. See Section 9-6.186.
Medical Research. Establishment related to medical and/or dental research, testing and
analysis, including but not limited to trial and clinical research. Biomedical and pharmaceutical
research and development facilities are not included in this definition. Medical research does not
include the storage or use of quantities of hazardous materials nor any toxic gas. Additionally,
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medical research may include storage and use of etiological (biological) agents up to and
including Risk Group 2 or Bio Safety Level 2 (Center for Disease Control). Typically uses are a
part of a campus-like setting such as a business park or stand-alone building.
Membership Organizations. Organizations operating on a membership basis for the
promotion of the interests of the members, including: business associations; professional
membership organizations; labor unions and similar labor organizations; civic, social and
fraternal organizations (not lodging); political organizations and other membership
organizations.
Micro-Brewery/Brewpub. An establishment that produces ales, beers, meads, hard
ciders/and or similar beverages to serve on-site. Sale of beverages for off-site consumption is
also permitted consistent with the regulations of the Alcohol Beverage Control (ABC) and
Bureau of Alcohol, Tobacco, and Firearms (ATF). Food service for on-site consumption is
allowed as an ancillary use. Brewpubs and microbreweries are considered small operations
consistent with ABC license type 23, 40, or 42 or State similar licensures.
Mini-Storage. Buildings containing individual storage areas rented or leased to the general
public. Does not include warehousing or exterior storage facilities.
Mobile Eating and Drinking Vendors. Any vehicle, wagon, or pushcart that is self-
propelled or can be pushed/pulled down a street or sidewalk, on which food is displayed,
prepared, or processed for the purpose of selling food or drinks to a consumer.
Mobile Home/Manufactured Home. A modular structure that is transportable in one or
more sections, that is certified under the Nation Manufactured Housing Construction and Safety
Standards Act of 1974, is tied down to a permanent foundation with wheels removed and skirted.
A mobile home on a permanent foundation is considered a single-family dwelling.
Mobile Home Park. Any site that is planned and improved to accommodate two (2) or
more mobile homes used for residential purposes, or on which two (2) or more mobile homes, as
the term “mobile home” is defined in California Civil Code Section 798.3 or successor provision
of the California Mobilehome Residency Law, for nontransient use, are rented, leased, or held
out for rent or lease, or were formerly held out for rent or lease and later converted to a
subdivision, cooperative, condominium, or other form of resident ownership, to accommodate
mobile homes used for residential purposes.
Mortuary Services. Establishments with facilities for the preparation of the dead for burial,
cremation and for the holding of funeral observances and services. Accessory facilities may
include a cemetery, columbarium or mausoleum. Includes: funeral homes and parlors, mortuaries
and related facilities.
Multiple-Family Dwelling. Two (2) or more dwelling units located on a single lot, each
occupied by a single housekeeping unit; includes buildings or groups of buildings designated as
apartments, duplexes, triplexes and condominiums, but not including motels, hotels, dormitories,
or RV parks as herein defined. Also includes transitional housing, supportive housing and single
room occupancy housing where people live as independently as possible with the assistance of
social services tailored to each person’s needs as defined in Section 9-9.102 of the Zoning
Ordinance. This does not include secondary units in single-family zoning districts.
N. Definitions “N”
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O. Definitions “O”
Offices. Establishments engaged in performing a service in a professional office including:
engineering, architectural and surveying services; real estate agencies; noncommercial
educational, scientific and research organizations; accounting, auditing, and bookkeeping
services; authors, writers, artists, etc.; advertising agencies; photography studios and small
commercial art studios; employment agencies and stenographic services; reporting services; data
processing and computer services; management, public relations, and consulting services;
detective agencies and other similar professional services; attorneys; and counseling services
provided by individuals other than licensed psychiatrists, which are included under “health care
services.”
Organization Houses. Residential lodging houses operated by membership organizations
for the benefit of their constituents and not open to the general public. Also includes fraternity
and sorority residential houses and religious residential retreats.
Outdoor Recreation Services. Facilities for various outdoor sports and recreation,
including: amusement and kiddie parks; golf courses, golf driving ranges and miniature golf
courses; skateboard parks; go-cart and miniature auto race tracks; tennis courts, swim and tennis
clubs and facilities; play lots, playgrounds and athletic fields; recreation and community centers.
P. Definitions “P”
Parking Lot. An open area, excluding a street or other public right-of-way, for the
exclusive use of parking as a primary use for automobiles and available to either to the public or
patrons of adjacent buildings or structures. Parking lots can either be free for use, or may charge
a fee for compensation. Long-term parking and storage of inoperable vehicles is classified in
“vehicle and equipment storage”.
Parks and Playgrounds. A public outdoor recreational facility that may provide a variety
of recreational activities including playground equipment, open space areas for passive
recreation including hiking and biking trails, zoos, picnicking, and sport and active recreation
facilities dedicated for use to the public.
Personal Services. Service establishments primarily engaged in providing nonmedical
services as a primary use and may include accessory retail sales of products related to the
services provided. These uses include the following: beauty shops (includes permanent makeup
when less than ten percent (10%) of overall sales), barber shops, day spas and massage therapy
where each massage therapist is certified/licensed by a State-recognized organization, shoe repair
shops, dry cleaning pickup stores, clothing rental, tailors, tanning salons, pet grooming services,
nail salons, and other similar uses.
Personal Services—Restricted. Service establishments that may have a blighting and/or
deteriorating effect upon the surrounding area which may need to be dispersed in order to
minimize their adverse impact. Examples of these uses include, but are not limited to, the
following: check cashing and/or payday/same day loans; fortunetellers, psychics; palm, tarot and
card readers; card rooms, billiard and pool halls as a primary use; tattoo and body piercing
services; and hot tubs and saunas that are not an accessory to a permitted use.
Printing and Publishing. An establishment engaged in printing letter press, lithography
gravure, screen offset or electrostatic copying and other establishments serving the printing trade
such as bookbinding, typesetting, engraving, photoengraving, and electrotyping. The use also
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includes establishments that publish newspapers, books, and periodicals; establishments
manufacturing business forms and binding devices. “Quick printing” services are included in the
definition “business support services.”
Public Assembly and Entertainment. Facilities for public assembly and group
entertainment such as: public and semi-public auditoriums; exhibition and convention halls; civic
theaters and meeting halls; motion picture theaters; legitimate theater facilities for live theatrical
presentations or concerts by bands and orchestras; amphitheaters; meeting halls for rent and
similar public assembly uses.
Q. Definitions “Q”
R. Definitions “R”
Recreational Vehicle Parks. Transient lodging establishments primarily engaged in
renting, leasing or otherwise providing overnight or short-term sites for trailers, campers, or
tents, with or without individual utility hookups, but with other facilities such as public
restrooms. Does not include incidental camping areas, which are included under “rural sports and
group facilities.”
Recycling and Scrap. Establishments primarily engaged in assembling, breaking up,
sorting, temporary storage and distribution of recyclable or reusable scrap and waste materials,
including auto wreckers engaged in dismantling automobiles for scrap. Does not include waste
disposal sites, which are separately defined. Does not include temporary storage of toxic or
radioactive waste materials.
Recycling Centers. An establishment, which is larger than a “collection station,” that
serves as a community-wide center for the collection and/or processing of recyclable materials
such as glass, paper, plastic, aluminum and metal cans.
Research and Development. Research and development offices, devoted to scientific and
engineering research and the design, development and testing of new technology and products;
usually includes laboratory space or small-scale manufacturing operations.
Residential Accessory Uses. Includes any use that is customarily part of a residence and is
clearly incidental and secondary to a residence and does not change the character of the
residential use. Residential accessory uses include the storage of vehicles and other personal
property and accessory structures including garages, studios and workshops.
Residential Care. A single-family or multiple-family dwelling unit that is licensed or
supervised by a Federal, State, or local health/welfare agency that provides nonmedical care of
unrelated persons who are in need of personal service, supervision, or assistance essential for
sustaining activities of daily living or for the protection of the individual. Use includes the
following: children’s homes; halfway houses; rehabilitation centers; self-help group homes.
Residential Care Facility for the Elderly (RCFE). A housing arrangement chosen
voluntarily by the residents or the residents’ guardians, conservators or other responsible
person(s) where the following occurs: where seventy-five percent (75%) of the residents are at
least sixty-two (62) years of age, or, if younger, have needs compatible with other residents; and
where varying levels of care and supervision are provided, as agreed to at the time of admission
or as determined necessary. RCFE uses may include basic services and community space. RCFE
uses include the following:
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• Assisted Living Facility. A residential building or buildings that also provide housing,
personal and health care, as permitted by the Department of Social Services, designed to
respond to the daily, individual needs of the residents. Assisted living facilities may include
kitchenettes (small refrigerator, sink and/or microwave oven) within individual rooms.
Assisted living facilities are required to be licensed by the California Department of Social
Services, and do not include medical extended care services.
• Independent Living Center/Senior Apartment. Independent living centers and
senior apartments are multifamily residential projects reserved for senior citizens, where
common facilities may be provided (for example, recreation areas), but where each dwelling
unit has individual living, sleeping, bathing, and kitchen facilities.
• Retirement Hotel. Establishments primarily engaged in providing lodging facilities
limited to the aged where no medical care is provided. Such establishments may provide
housekeeping and meals to the residents.
Resource Extraction. Uses primarily engaged in resource extraction, including, but not
limited to, mining, developing mines or exploring for metallic minerals (ores), coal and
nonmetallic minerals), or surface mines extracting crushed and broken stone, dimension stone or
sand and gravel.
Retail Sales–Restricted. Stores and shops selling products that may have a blighting and/or
deteriorating effect upon the surrounding area which may need to be dispersed in order to
minimize their adverse impact. Examples of these uses include, but are not limited to, the
following: selling smoking, tobacco and vaping products as a primary use; pawn shops, to which
the business of pawn brokering, or the business of lending money upon personal property, pawns
or pledges is done.
Rural Sports and Group Facilities. Establishments supporting special group activities
such as: archery, pistol, rifle, and skeet clubs and facilities; dude ranches; health resorts
including outdoor hot spring, spa or hot tub facilities; hunting and fishing clubs; recreational
camps; group or organized camps; incidental, seasonal camping areas without facilities;
equestrian facilities, including riding academies, schools, stables and exhibition facilities.
S. Definitions “S”
Sales Lots. Sales lots consist of any outdoor sales area for permanent display of motorized
farm equipment, boats (FBSA Class 3 and 4 boats (over twenty-six (26) feet in length)), heavy
commercial trucks (US DOT Class 4 through 8), mobilehomes, construction equipment, or other
heavy equipment; outdoor equipment rental yards.
Schools. An institution or establishment that provides a program of instruction and teaching
services. Includes: preschools, elementary and secondary schools serving grades K through 12
(or portions thereof); junior colleges, colleges and universities; and similar education institutions.
Does not include Sunday schools which are permitted under “churches and related facilities.”
Schools—Business and Vocational. Business and secretarial schools; vocational schools
offering specialized trade and commercial courses; specialized nondegree granting schools, such
as: music schools; dramatic schools; language schools; driver education schools; ballet and other
dance studios; and establishments furnishing educational courses by mail.
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Secondary Residential Unit. Second residential units are defined as residential occupancy
constructions (R) with a kitchen and full bathroom that is accessory to the primary unit and
intended for permanent occupancy by a second housekeeping unit.
Service Stations. Retail trade establishments primarily engaged in the sale of gasoline,
which may also provide lubrication, oil change and tune-up services incidental to gasoline sales.
May also include a towing service but does not include storage of wrecked or abandoned
vehicles. Does not include uses defined as auto repair and service, or vehicle equipment storage.
Single-Family Dwelling. An attached or detached building not to contain more than one (1)
kitchen wherein the occupants of the dwelling unit are living and functioning together as a single
housekeeping unit, meaning that they have established ties and familiarity with each other,
jointly use common areas, interact with each other, membership in the single housekeeping unit
is fairly stable as opposed to transient, and members have some control over who becomes a
member of the single housekeeping unit. Also includes factory-built, manufactured housing units
and mobile homes constructed in compliance with Title 25 of the California Health and Safety
Code, or successor provision as defined in Section 9-9.102 of the Zoning Ordinance; transitional
housing and supportive housing serving six (6) or fewer persons as defined in Section 9-9.102 of
the Zoning Ordinance.
Single Room Occupancy Unit (SRO). A structure that provides separate, single room,
residential living units with no on-premises residential medical care. Units within the structure
may have individual bathroom facilities, shared bath or toilet facilities for the residents, or any
combination thereof. SRO may include structures commonly called rooming houses or boarding
houses. SRO facilities shall not be age restricted. Age restricted SRO facilities shall be
considered a residential care facility for the elderly (RCFE).
Small Scale Ag Processing. The small scale processing of agriculture products grown or
produced on-site, bottling, canning, or storage of agriculture products grown and processed on-
site, where the processing or storage shall not exceed one thousand (1,000) square feet (sf) in
total use areas. This does not include tasting rooms.
Social and Service Organizations. Public or quasi-public establishments providing social
services and rehabilitation services to such as counseling centers, welfare offices, job counseling
and training centers, or vocational rehabilitation agencies, persons with social or personal
problems requiring special services and to the handicapped and the disadvantaged. Also included
are organizations soliciting funds to be used directly for these related services. Also includes
establishments engaged in community improvement and neighborhood development. Does not
include child day care services which are classified under “schools.”
Sports Assembly. Facilities for spectator-oriented specialized group sports assembly that
includes: stadiums and coliseums; arenas and field houses; race tracks (auto and animals);
motorcycle racing and drag strips; and other sports that are considered commercial.
Storage, Recycling and Dismantling of Vehicles and Material. Establishments primarily
engaged in the storage, assembling, dismantling, sorting, and distribution of materials, equipment
and vehicles. This use may be located either outdoors or indoors and includes, but is not limited
to, auto wrecking yards, vehicle storage areas, vehicle impound lots, recyclable/waste material
storage and transfer facilities. This does not include waste disposal sites, which are separately
defined, or temporary storage of toxic or radioactive waste materials.
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T. Definitions “T”
Tasting Room. Establishment that allows for beer, wine, or spirit tasting on-site with off-
site sales directly to the public. Tasting rooms must meet the requirements of the Alcoholic
Beverage Control (ABC) license type (Type 02, Type 23, Type 40, Type 42 or Type 74 license,
or similar). Tasting rooms may operate within a large scale brewing, winery, or distillery facility
as an ancillary.
Telecommunication Facility. Public, commercial and private electromagnetic and
photoelectrical transmission, broadcast, repeater and receiving stations for radio, television,
telegraph, telephone, cellular data network, and wireless communication towers (cellular
phones), including commercial earth stations for satellite-based communications. Includes
antennas, commercial satellite dish antennas, and equipment buildings. Does not include
telephone, telegraph, and cable television transmission facilities utilizing hard-wired or direct
cable connections. Does not include data processing centers.
Temporary Dwelling. Includes the temporary use of a mobilehome or recreational vehicle
as a dwelling unit, following the issuance of a building permit for a permanent residence while
the permanent residence is under construction.
Temporary Events. Any use of a structure or land for an event for a limited period of time
where the site is not to be permanently altered by grading or construction of accessory facilities.
Events include: art shows; rodeos; religious revivals; tent camps; outdoor festivals and concerts.
Temporary Offices. The utilization of a mobilehome or recreational vehicle as a temporary
office during the period of a construction of a permanent office facility on the same site.
Temporary or Seasonal Retail Sales. Retail trade establishments primarily engaged in the
sale of Christmas trees or other seasonal items; or semiannual sales of art or handcrafted items in
conjunction with community festivals or art shows. Does not include farmers’ markets or
agricultural roadside stands.
Transitional Housing. Buildings configured as rental housing developments, but operated
under program requirements that call for the termination of assistance and recirculation of the
assisted unit to another eligible program recipient at some predetermined future point in time,
which shall be no less than six (6) months (Health and Safety Code Section 50675.2(h)). This
definition excludes housing for halfway houses intended for occupancy by parolees or convicted
persons, children’s homes, halfway houses, rehabilitation centers, and self-help group homes.
Transit Stations. Passenger stations for vehicular, bus, and rail mass transit systems; also
terminal facilities providing maintenance and service for the vehicles operated in the transit
system.
U. Definitions “U”
Utility Facilities. A fixed-base structure or facility serving as a junction point for
transferring electric utility services from one transmission voltage to another or to local
distribution and service voltages, and similar facilities for water supply, natural gas distribution,
wastewater pump station, fiber optics junction box, or other similar facilities that are not
exempted from land use permit requirements by California Government Code Section 53091 or
successor code.
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Utility Infrastructure. Pipelines for water, natural gas, sewage collection and disposal; and
facilities for the transmission of electrical energy for sale, including transmission lines for a
public utility company. Also include telephone, cable television, and other communications
transmission facilities utilizing direct physical conduits. Does not include offices or service
center as defined under “offices” or distribution substations (“utility facilities”).
V. Definitions “V”
Vehicle and Equipment Storage. Service establishments primarily engaged in the business
of storing of cars, buses and other motor vehicles; recreational vehicles (such as campers, motor
homes, boats); construction equipment; and farm equipment. Does not include wrecking yards,
which are classified in “recycling and scrap”.
Vehicle and Freight Terminals. Transportation establishments furnishing services
incidental to transportation, including: freight forwarding services; transportation arrangement
services; parking, crating, inspection and weighing services; freight terminal facilities; joint
terminal and service facilities; trucking facilities, including transfer and storage; public
warehousing and storage. Includes both railroad transportation and motor freight transportation.
W. Definitions “W”
Warehousing. Uses engaged in storage of manufactured products, supplies, and equipment
excluding bulk storage of materials that are flammable or explosive or that present hazards, or
conditions commonly recognizable as offensive. Does not include personal storage as defined as
“mini-storage”.
Wholesaling and Distribution Centers. Establishments engaged in selling merchandise to
retailers; to industrial, commercial, institutional, farm, or professional business users; or to other
wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to
such persons or companies.. Also includes storage, processing, packaging, and shipping facilities
for mail order and e-commerce retail establishments.
Winery – Boutique. Winery or distillery production for no more than three thousand
(3,000) cases of wine per year. Uses include fruit processing, fermentation pressing, barrel and
bottle storage, bottling, wine tasting, and direct retail sale of wine. Does not include winery
production in residential zones, which is defined as small scale agriculture.
Winery – Production. Winery or distillery production of more than three thousand one
(3,001) cases of wine per year. Uses include fruit processing, fermentation pressing, barrel and
bottle storage, bottling, wine tasting, and direct retail sale of wine. This also includes uses that
produce 3,001 cases of beverages or less, but do not meet the requirements for “winery –
boutique,” “winery – production,” or “brewery – production.”
X. Definitions “X”
Y. Definitions “Y”
Z. Definitions “Z”
(Ord. 602 § 2, 2016)
9-4.106 Front setbacks.
The front setback is measured at right angles from the nearest point on the front property
line to the building line. All structures are to be set back a minimum of twenty-five (25) feet
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from the nearest point on the front property line, except where this section establishes other
requirements. Front setback landscaping and fencing standards are in Sections 9-4.125(a) and 9-
4.128 of this chapter, respectively.
(a) A, RS, RSF, and LSF Zones. All residential uses shall have a minimum front setback
of twenty-five (25) feet, except as follows:
(1) Shallow Lots. The front setback shall be a minimum of twenty (20) feet for any lot
less than ninety (90) feet deep.
(2) Flag Lots and Lots Without Street Frontage. Determination of that portion of the site
to constitute the required front yard within the flag shall be at the discretion of the applicant.
The front setback of the flag of the lot shall be 10 feet. The front setback within the accessway
shall be as in subsection (a) of this section.
(3) Sloping Lot Adjustment. Where the elevation of the natural grade on a lot at a point
fifty (50) feet from the centerline of the adjacent street right-of-way is seven (7) feet above or
below the elevation of the centerline, a private garage may be located, at the discretion of the
applicant, as close as five (5) feet to the street property line, subject to approval of an
administrative use permit (Section 9-1.112 of this title), provided that portions of the dwelling
other than the garage shall be established at the setback otherwise required.
(4) Variable Setback Block. Where a residential block is partially developed with single-
family dwellings having less than the required front setbacks and no uniform front setback is
established, the front setback may be adjusted (Section 9-1.112 of this title) at the option of the
applicant, as follows:
(i) Prerequisites for Adjustment. Adjustment may be granted only when twenty-five
percent (25%) of the lots on the block with the same frontage are developed and the entire block
is within a single zone.
(ii) Allowed Adjustment. The normally required minimum front setback is to be reduced
to the average of the front setbacks of the existing dwellings, which include attached garages but
not detached garages, to a minimum of ten (10) feet.
(5) The Design Review Committee (DRC) may grant an exemption to the front setback
requirement based on neighborhood compatibility for structures that meet the following criteria:
(i) Structures are no greater than ten (10) feet in height;
(ii) Structures do not exceed front yard coverage of more than fifty percent (50%);
(iii) Structures do not impair sight distances for vehicular traffic as reviewed by the City
Engineer.
(b) RMF Zone and Residential Uses in Commercial and Industrial Zones. All residential
units shall have a minimum setback of fifteen (15) feet. All garages shall have a minimum front
setback of twenty (20) feet.
(c) CN, CP, CR, CS, CT, CPK, IP and I Zones. No front setbacks are required. Ground
floor residential uses are subject to the setback requirements of subsection (a) of this section.
(1) Adjacent to Residential Zone. Where a commercial or industrial zone has a front
setback, including a double frontage setback, on a street where more than fifty percent (50%) of
the lots in the same block are zoned for residential use, the front setback shall be twenty-five (25)
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feet, except that a one-story building or parking may encroach into one-half (1/2) the required
front setback depth.
(d) L, LS and P Zone. A minimum ten (10) foot front setback is required, provided that
residential uses are subject to the setback requirements of subsection (a) of this section.
(e) Flag Lots. Any accessway adjacent to a public street shall be subject to the front
setback requirements of subsections (a), (b), (c), and (d) of this section. Determination of that
portion of the site to constitute the required front yard within the flag shall be at the discretion of
the applicant. The front setback of the flag of the lot shall be subject to the side setback
requirements of Section 9-4.107 of this chapter.
(f) Double Frontage Lots.
(1) Selecting the Setback Location. Where double frontage setback locations are not
specified by subdivision requirements or other applicable regulations, the applicant may select
the front setback street unless fifty percent (50%) of the lots on a double frontage block are
developed with the same front yard orientation. In that case, all remaining lots are to orient their
front setbacks with the majority.
(2) Double Frontage Setback Requirements. A full-front setback is to be provided
adjacent to one frontage, and a setback of one-half (1/2) the required front setback depth adjacent
to the other frontage.
(g) Establishment of Front Setback on Zoning Map. The Planning Commission may
establish greater front setbacks than those required in this section by delineating the setback on
the zoning map. Procedures specified by Section 9-1.115 of this title shall be followed in
establishing such setbacks. (Ord. 578 § 1, 2013; Ord. 552 § 2, 2010; Ord. 68 § 9-4.106, 1983:
Ord 82 § 9-4.106, 1984)
9-4.113 Height limitations.
The maximum height for new structures is as follows:
(a) Limitation by Zone.
Zone Maximum Height
A, RS, RSF, LSF 30 feet
CN, CP, CR, CS, CT 35 feet
CPK, IP, I 45 feet
LS, L, P 35 feet
RMF 30 feet (not to exceed two stories)
(b) Exceptions to Height Limitations.
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(1) Planning Commission Waiver. The height limitations of this section may be modified
through conditional use permit approval, provided the Planning Commission first finds the
project will not result in substantial detrimental effects on the enjoyment and use of adjoining
properties and that the modified height will not exceed the lifesaving equipment capabilities of
the Fire Department.
(2) Height Adjustment. The height limitations specified by subsection (a) of this section
may be adjusted by approval of an administrative use permit (Section 9-1.112) for a single-
family residential building to allow additional height, to a maximum of forty (40) feet, provided
that the required side and rear setbacks are increased one (1) foot in width for each foot of height
over thirty (30) feet.
9-4.115 Off-street parking required.
(e) Shared On-Site Parking Adjustment. Where two (2) or more nonresidential uses are on
a single site, the number of parking spaces may be reduced through administrative use permit
approval (Section 9-1.112) at a rate of five percent (5%) for each separate use, up to a maximum
of twenty percent (20%); as long as the total number of spaces is not less than required for the
use requiring the largest number of spaces.
(f) Shared Peak-Hour Parking. In addition to the reduction of required parking allowed by
subsection (e) of this section, where two (2) or more uses have distinct and differing peak traffic
usage periods (for example, a theater and a bank), the required number of parking spaces may be
reduced through conditional use permit approval, provided that the parking lots of each use are
located within three hundred (300) feet of each other (as measured along the most direct
pedestrian path). The amount of reduction may be up to seventy-five percent (75%) of the
amount of spaces required for the most intensive of the two (2) or more uses sharing the parking.
(g) On-Street Parking Adjustment. Where a proposed driveway from a street to a new
parking area would eliminate on-street parking spaces equal to or greater in number than the off-
street spaces required, the requirement for off-street spaces may be eliminated through
administrative use permit approval (Section 9-1.112 of this title) where the access or proposed
building cannot reasonably be redesigned to avoid a net loss of parking.
9-4.118 Required number of parking spaces.
All land uses requiring approval under this title shall provide off-street parking spaces as specified in
subsections (b) and (c) of this section:
(a) Use of Charts. The charts in subsection (c) of this section determine the number of parking
spaces required for each use of land, as follows:
(1) Uses Not Listed. For uses not specifically listed in this subsection that do not have parking
requirements set by Chapter 9-6, the same parking and loading space is required as for the most similar
use of equivalent intensity; except where a use not listed requires conditional use permit approval, in
which case the amount of parking and loading space required shall be as determined by the Planning
Commission.
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(2) Parking and Loading Intensity. Parking lot and loading bay intensity describes the rate of
vehicle turnover in parking and loading areas. Turnover factors are assigned to each use by the charts in
subsection (c) of this section. High intensity areas have rapid turnover; medium intensity areas are those
where vehicles are parked from two (2) to four (4) hours; low intensity areas have minimum turnover and
few repeat users, such as long-term and employee parking lots. Loading bay intensity is used in Section 9-
4.121.
(3) Mixed Use Sites. Where a site contains more than one principal land use (such as a shopping
center), the amount of parking required shall be the total of that required for each individual use, except as
otherwise provided by Section 9-4.115.
(4) Mixed Function Buildings. Where a building occupied by a single use contains several
functions, such as sales, office and storage areas, parking shall be as required for the principal use for the
gross floor area (total area of all internal functions); except that when storage areas are larger than two
thousand (2000) square feet, the parking requirement is to be determined separately for those areas, as
specified for warehousing.
(5) Terms Used in Charts.
(i) Active Use Area. All developed areas of a site and buildings except storage, parking and
landscaping.
(ii) Floor Area. Gross floor area within build- ings.
(iii) Site Area. Gross site area.
(iv) Use Area. All developed areas of a site and buildings, except parking and landscaping.
(v) Number of Spaces. Where Section 9-4.118 (c) sets parking requirements based on building area
(square footage), site or use area, the number of spaces is to be as set forth for each footage increment
specified or fraction thereof.
(3) Cultural, Educational, and Recreation Uses:
Use Parking Spaces
Required
Parking Lot
Intensity
Loading Bay
Intensity
Active Recreation
Facilities:
Amusement
parks/fairgrounds
1 per 75 s.f. of use
area
Medium Medium
Arcades (games) and
billiards
1 per 100 s.f. of
floor area
Medium N.A.
Bowling alleys 4 per lane Medium Low
Dance Clubs 1 per 25 s.f. of dance
floor
Medium N.A.
Dance studios 1 per 200 s.f. of Low N.A.
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floor area
Golf studios 5 per hole plus any
required for
clubhouse uses
Low N.A.
Golf driving ranges
(separate from golf
courses)
2 per tee Low N.A.
Miniature golf 2 per hole Medium N.A.
Skateboard parks 1 per 500 s.f. of use
area
Medium N.A.
Skating rinks 1 per 400 s.f. of use
area
Medium N.A.
Swimming pools
(public or member)
1 per 100 s.f. of pool
area, and 1 per 300
s.f. of deck area
Medium N.A.
Tennis courts,
racquetball
2 per court Medium N.A.
Libraries 1 per 500 s.f. Medium N.A.
Public Assembly:
Exhibit facilities
(including museums)
1 per 150 s.f. of
exhibit floor
High Low
Seated spectator
facilities (including a
church, theater, other
auditoriums and
meeting halls, sports
assembly)
1 per 4 fixed seats,
or 1 per 40 s.f. of
spectator area if
seats not fixed
High Low
Schools:
Preschools, day care See Section 9-6.125.
Elementary and high
school
See Section 9-6.125.
Business and
vocational
See Section 9-6.125.
College and
University
As determined by
Planning
Commission
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(8) Service Uses. Parking required for a service use is to be a minimum of two (2) spaces for
each use or separate tenancy, except where more spaces are required as follows:
Use Parking Spaces
Required
Parking Lot
Intensity
Loading Bay
Intensity
Auto repair and
service
4 per service bay, 1
per 1,000 s.f. of
outdoor active use
area
Medium Low
Equipment rental 1 per 500 s.f. of
floor area, 1 per
2,000 s.f. of
outdoor use area
Medium Low
Copying and
reproduction
1 per 400 s.f. of
floor area
Medium Low
Contract
construction
services
1 per 500 s.f. of
floor area
Low Low
Correctional
institutions
As determined by
Planning
Commission
Financial services
service desk
5 per teller
window, 3 per
High Low
Health care 1 space per 200 s.f.
of floor area
High Low
Hospitals 1 per bed, 1 per
office space
High Low
Laundries and
Dry Cleaning
Plants:
1 per 1,000 s.f. of
floor area, plus 2
per office space
Low High
Pick-up 2 per check stand High Low
Offices:
Accounting,
advertising,
agencies,
architecture,
government,
insurance law
offices, real estate
1 per 400 s.f. Medium N.A.
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Other offices 1 per 500 s.f. of
floor area
Low N.A.
Photography
studios,
commercial art
studios
1 per 400 s.f. of
floor area
Low N.A.
Post offices 5 per service
window, 1 per 500
s.f. of floor area
other than customer
area
High High
Personal Services:
Barbershops 2 per chair Medium N.A.
Beauty shops 3 per chair Medium N.A.
Dry Cleaners 1 per 500 s.f. of
floor area
Medium Low
Funeral and
crematory services
1 per 4 seats in
each assembly
room, 2 per office
or 1 per 40 s.f. of
floor area in
assembly rooms,
whichever is
greater
Medium Medium
Health spas 1 per 300 s.f. of
floor area
Medium N.A.
Laundromats 1 per 2 washers High N.A.
Other personal
services
1 per 500 s.f. of
floor area
Medium N.A.
Public safety
facilities
As determined by
Planning
Commission
Repair service
(consumer)
1 per 400 s.f. of
floor area
Low Low
Waste disposal site As determined by
Planning
Commission
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9-4.119 Parking lot construction standards.
(e) Slope. The finished grade of a parking lot is not to exceed five percent (5%) slope,
unless approved by an administrative use permit (Section 9-1.112 of this title).
9-4.120 Off-site parking.
(a) Where it is not feasible to provide sufficient on-site parking, an administrative use
permit (Section 9-1.112) may be granted to allow the required parking to be located off-site,
provided that:
9-4.127 Landscaping plans.
(b) Landscaping Plan Content. Landscaping plans are to be neatly and accurately drawn,
at an appropriate scale, that will enable ready identification and recognition of information
submitted. Where a project covers only a portion of a site, the landscaping plan need show only
the areas where existing soil contours and vegetation will be disturbed by construction or use, or
other areas where landscaping is required. Landscaping plans shall show:
(1) The location of all trees existing in or within fifty (50) feet of areas proposed for
grading or other construction that are eight (8) inches or larger in diameter at four (4) feet above
natural grade. Trees proposed to be removed are to be identified (see Section 9-11.105 for tree
removal standards);
9-4.128 Fencing and screening.
(b) Exceptions to Fencing and Screening Requirements.
(1) Buildings Abutting Property Lines. Required screening or fencing may be omitted
along any lot line where a building wall exists immediately abutting the lot line.
(2) Location Adjustment. Where property fencing or screening is required, the location
may be adjusted by approval of an administrative use permit (see Section 9-1.112 of this title), so
the fencing may be constructed at or within the setback line, provided the areas between the
fence and the property lines are landscaped, or in rural areas, retained in their natural vegetative
state.
9-6.105 Home occupations.
(c) Employees. No person other than members of the household residing on the premises
may be employed and working on the site, except that employees, including independent
contractors, partners, and similar employee-type relationships, may be permitted through
administrative use permit approval (Section 9-1.112) as follows:
(1) The number of employees shall be unlimited, if the following criteria can be complied
with:
(i) The employees do not work at or report to the site of the home occupation during, or
immediately before or after, the normal operating hours of the business.
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(ii) No additional vehicles, equipment, or outside storage shall occur at the residence as a
result of the increased number of employees.
(2) A maximum of two employees, if the following criteria can be complied with:
(i) No additional client vehicles are generated to the premises as a result of the increased
number of employees.
(ii) The function of the employees in working on the site is to provide direct service to the
employee rather than to the clients of the business.
(iii) It is necessary for the operation of the business to have the employees working at the
site of the home occupation.
(iv) Any additional vehicles, equipment, or outside storage can be maintained on the site in
compliance with subsection (a) of this section.
(v) The allowance of employees will not have any adverse effect on the surrounding
residential area.
(d) Hours of Operation. Hours of operation are unrestricted except that home occupations
which generate sounds audible from off-site shall be limited to the hours from 7:00 a.m. to 7:00
p.m., provided that such home occupation complies with the standards of Chapter 9-14.
(e) Limits on the Kinds of Home Occupations Allowable. Subject to all of the standards of
this section, allowable home occupations consist of:
(1) Office-type personal or business services (including personal instruction such as music
lessons or contracting services not involving on-site storage of materials or equipment) that do
not involve the presence of more than one client vehicle at any one time;
(2) Handcraft or artwork production, including but not limited to pottery and ceramics,
artistic glass or metalwork, electronic components, woodcarving and woodworking (except for
mass-production operations such as cabinet shops), antique furniture restoration, painting and
photography, except when such use involves on-site use of equipment requiring more than
standard household electrical current at 110 or 220 volts or that produces noise (see Chapter 9-
14), dust, odor or vibration detrimental to occupants of adjoining dwellings.
(3) The personal sale of cosmetics, personal or household products (except appliances), or
other goods or products; when such sales occur on the premises of the purchaser, provided that
wholesale sales may occur pursuant to subsection (f) of this section, or occur off the premises in
some other approved location.
(f) Sale of Products. On-site retail sales of the products of a home occupation are
prohibited, except:
(1) Garage sales or the sale of handcrafted items and artwork produced on-site are allowed
not more than twice per year, for a maximum of two days per sale; and
(2) Home distributors of cosmetics and personal or household products may supply other
approved home occupation proprietors.
(g) Signing. One identification sign with a maximum area of two square feet may be
erected pursuant to Chapter 9-15. A commercial vehicle carrying any sign identifying the home
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occupation and parked on or adjacent to the residential site visible from the public street is
included in determining the maximum allowable area of on-site fixed signs.
9-6.106 Residential accessory uses.
The standards of this section apply to the specific types of residential accessory structures
listed. Agricultural accessory structures for the keeping of animals are subject to Section 9-6.109.
(a) Swimming Pools. Swimming pools, including hot tubs, spas, and related equipment,
may be located within any required side or rear setback, provided that they are no closer than
eighteen (18) inches to a property line (additional setbacks may be required by the adopted
building code), and provided that they are fenced as required by Section 9-4.128.
9-6.108 Agricultural uses: Specialized.
Specialized agricultural uses other than crop production are subject to the provisions of the
following sections:
9-6.109 Agricultural accessory buildings.
9-6.110 Animal hospitals.
9-6.111 Kennels.
9-6.112 Farm animal raising.
9-6.113 Interim agricultural uses.
9-6.115 Livestock specialties.
9-6.116 Horticultural specialties.
9-6.117 Agricultural produce stands.
(Ord. 68 § 9-6.108, 1983)
9-6.110 Animal hospitals.
Animal husbandry facilities, including animal and veterinary hospitals, are subject to the
following standards:
(a) Building Setbacks. Any building used to treat or board animals shall comply with the
following additional setbacks. Any other buildings shall comply with the setbacks established for
the particular zoning district in which the use is located.
(1) A and RS Zone. Setbacks shall be the same as for agricultural accessory buildings
(Section 9-6.109) provided that the front setback may be reduced to twenty-five (25) feet and the
rear setback may be reduced to ten (10) feet, if there are no door or window openings along the
common property line with the adjacent residential use.
(2) Commercial Zones. None.
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9-6.112 Farm animal raising.
The raising or keeping of animals incidental to a residential use is allowed subject to the
standards of this section, provided that these standards do not apply to domesticated household
pets such as cats and dogs.
(a) Minimum Site Area. The minimum site area of a parcel used for farm animal raising
shall be as specified in this subsection, unless a smaller site area is allowed as set forth in
subsection (h) of this section. Adjacent parcels may be used to achieve the minimum site area by
administrative use permit approval (Section 9-1.112) provided that there is a written agreement
with the owner of the adjacent parcel(s); that said adjacent property is accessible for use by the
animals for corrals, pens, pasturing or similar activity; that said adjacent property is not
necessary to comply with minimum site area or animal density requirements for animals on its
own site; and that any such adjustment shall only be valid for the duration of the agreement.
(1) Large Animals.
(i) Horses, burros, donkeys, and similar equines: One acre.
(ii) Cows, steer, and similar bovines: One acre.
(iii) Pigs and swine: One acre.
(2) Small Animals.
(i) Goats, sheep and similar ovines: One-half acre.
(ii) Poultry (and similar ground birds): None.
(iii) Rabbits (and other noncarnivorous animals of similar size): None.
(iv) Turkeys: One-half acre.
(v) Birds (including pigeons and other caged birds): None.
(b) Setbacks. All buildings used to house farm animals including livestock and poultry
buildings, barns, stables, lofts, coops, and similar accessory structures are subject to the setback
requirements of Section 9-6.109. All other animal enclosures including corrals, pens, feed areas,
paddocks, uncovered stables and similar enclosures are subject to the setback requirements of
this subsection. The occasional grazing of domestic animals in these setbacks is allowed
provided that the pasture area is adequately fenced or that the grazing animal is securely
restrained. Setbacks shall be measured from the nearest building used for residential purposes on
adjacent property. Animals may be maintained at lesser setbacks when they were established
prior to the residence on the adjacent property provided that the animals are continuously in
compliance with subsection (c) of this section. If the animals are not so maintained, they may be
required to comply with these setbacks.
(1) Large Animals.
(i) Equines: Fifty (50) feet.
(ii) Bovines: Fifty (50) feet.
(iii) Swine: One hundred (100) feet.
(2) Small Animals.
(i) Ovines: Fifty (50) feet.
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(ii) Poultry: Twenty-five (25) feet.
(iii) Rabbits: Twenty-five (25) feet.
(iv) Turkeys: Fifty (50) feet.
(v) Birds: None.
(c) Maintenance. All buildings housing domestic animals, all animal enclosures, and all
pasture areas shall be maintained free from litter, garbage and the accumulation of manure.
Premises shall be maintained in a neat and sanitary manner. If farm animals are not maintained
in compliance with these standards, or are otherwise allowed to become a nuisance, the Planning
Department shall initiate enforcement proceedings as provided by Chapter 9-8.
(d) Special Requirements. The keeping of specific domestic animals is subject to the
special standards in this subsection in addition to other standards set forth in this section.
(1) Equines. None.
(2) Bovines. None.
(3) Swine. The maximum number of swine allowed on any parcel is three (3) sows and
one boar. A greater number of swine constitute a hog ranch which is not permitted in any zoning
district.
(4) Ovine. None.
(5) Poultry. All poultry shall be contained in coops or pens and not be allowed to run free
on a site. The maximum number of poultry allowed on any parcel is forty (40) (two animal
equivalency units). A greater number of poultry constitute a chicken ranch and shall be subject to
Section 9-6.115 if allowed by a particular zoning district.
(6) Rabbits. All rabbits shall be contained in coops or pens and not be allowed to run free
on a site. The maximum number of rabbits allowed on any parcel is forty (40) (two animal
equivalency units). A greater number of rabbits constitute a rabbit farm and shall be subject to
Section 9-6.115 if allowed by a particular zoning district.
(7) Turkeys. All turkeys shall be contained in coops or pens and not be allowed to run free
on a site. The maximum number of turkeys allowed on any parcel is eight (8) (four animal
equivalency units). A greater number of turkeys constitute a turkey ranch and shall be subject to
Section 9-6.115 if allowed by a particular zoning district.
(8) Birds. None.
(e) Establishment of Animal Equivalency Units. Animal equivalency units are established
in this subsection in order to define relationships among domestic animals of various sizes for
use in determining allowable animal density.
(1) Large Animals.
(i) Equines: Each equine equals one animal equivalency unit.
(ii) Bovines: Each bovine equals one animal equivalency unit.
(iii) Swine: Each swine equals one animal equivalency unit.
(2) Small Animals.
(i) Ovine: Two (2) ovine equal one animal equivalency unit.
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(ii) Twenty (20) poultry equal one animal equivalency unit.
(iii) Rabbits: Twenty (20) rabbits equal one animal equivalency unit.
(iv) Turkeys: Two (2) turkeys equal one animal equivalency unit.
(v) Birds: Not applicable.
(f) Allowable Animal Density. The maximum allowable animal density for a site is
established by this subsection, unless a larger number is allowed as set forth in subsection (h) of
this section.
(1) A Zone. No density limitations.
(2) RS Zone. Three (3) animal equivalency units per acre, provided that, for the first two
(2) acres, no more than one large animal shall be allowed for each full half acre.
(3) RSF Zone. Two (2) animal equivalency units per acre, provided that no more than one
large animal shall be allowed for each full half acre.
(g) Method of Calculating Animal Density. The method of calculating animal density is
established by this subsection. The lot size (in gross acres) is multiplied by the allowable animal
density (in animal equivalency units per acre) for the particular zoning district. The product is the
maximum number of animal equivalency units allowed on the site. As an example, a 1.9 acre
parcel in the RS Zone would allow 5.7 animal equivalency units which can be rounded off to six
(6) as provided by Section 9-1.109(b)(4). This would allow two (2) equivalenc y units for large
animals and four (4) equivalency units for small animals.
(1) Birds. Birds shall not be restricted as to density and shall not affect the allowable
animal density on a parcel.
(2) Fraction of an Equivalency Unit. Since rounding off to whole numbers is provided for
(Section 9-1.109), there will be no fractional equivalency units. Small animal equivalency units
may not be divided between the various small animal subcategories. For example, ten (10)
rabbits does not equal 0.5 animal equivalency units and ten (10) rabbits and ten (10) poultry do
not add together as one animal equivalency unit.
(3) Unweaned Offsprings. Unweaned offsprings are permitted and shall not affect the
allowable animal density on a parcel.
(h) Modification of Certain Standards. The minimum site area and allowable animal
density standards set forth in this section may be adjusted through administrative use permit
approval (see Section 9-1.112) subject to compliance with the criteria set forth in this section,
except that these standards may also be modified through conditional use permit approval (see
Section 9-2.110) if these criteria cannot be satisfied. The setback, maintenance and special
requirements standards may not be modified by adjustment or conditional use permit.
9-6.117 Agricultural produce stands.
These standards apply to the retail sale of agricultural products except hay, grain and feed,
in open structures constructed for agricultural product merchandising. Temporary or seasonal
sales are also subject to Section 9-6.174.
(a) Limitation on Use.
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(1) Residential Zones. Where stands are permitted, all products sold must be grown on the
site of the stand, on adjacent contiguous parcels, or on other agricultural parcels in the city
owned or leased by the owner of the site on which the stand is located. Permanent roadside
stands are not allowed.
9-6.140 Storage yards.
Outdoor storage yards, excluding the storage of vehicles in a day use parking lot or garage,
are subject to the provisions of this section. The storage of vehicles in a public or commercial
parking lot or garage is subject to Section 9-4.114; the storage of wrecked, abandoned or
vehicles being dismantled, is subject to Section 9-6.131, in addition to this section.
(a) Site Design Standards.
(1) Access. There shall be only one (1) access point to a storage yard for each three
hundred (300) feet of street frontage. Such access point is to be a maximum width of twenty (20)
feet and shall be provided with a solid gate or door.
(2) Screening. A storage yard, except a temporary offsite construction yard, is to be
screened from public view on all sides by solid wood, painted metal or masonry fencing, with a
minimum height of six (6) feet. All required screening shall be continuously maintained in good
condition to assure that its intended purpose is accomplished. This requirement may be waived
through administrative use permit approval (Section 9-1.112), when:
9-9.102 General definitions.
A-weighted sound level. The sound level in decibels as measured on a sound level meter using the
A-weighting network. The level so read is designated “db(A)” or “dbA.”
Above grade. Any elevation higher than the natural ground contour.
Access. The safe, adequate, usable means of vehicular or pedestrian entrance or exit to a site.
Agriculture. The science and art of farming, producing crops, floriculture, horticulture and animal
husbandry.
Agricultural accessory building. An uninhabited structure, designed and built to store farming
animals, implements, supplies, or products (not including commercial greenhouses or buildings for
agricultural processing activities), which is not used by the public.
Agricultural products. Food and fibre in their raw, unprocessed state (except for such field
processing that may occur in conjunction with harvesting) and ornamental plant materials.
Air contaminant. Any combination of smoke, charred paper, dust, soot, carbon, noxious acids,
fumes, gases, or particulate matter.
Ambient noise level. The composite of all noises from all sources near and far. In this context, the
ambient noise level is the normal or existing level of environmental noise at a given location.
Apartment. A room or flat occupied or designed to be occupied by one (1) family for living or
sleeping purposes with cooking facilities.
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Apartment house or multiple dwelling unit. A building or portion of a building designed or used
for occupancy by three (3) or more families living independently of each other and containing three (3) or
more dwelling units.
Appeal, scope of. The matters to be heard on appeals filed pursuant to this title shall be confined to
the project as proposed to the original or first decision maker, without change. However, the applicant, or
person appearing on appeal, shall not be prevented from submitting information concerning the
unchanged proposal which had not been submitted with the original proposal.
Arcade. Any site or business providing in part or as a whole, an amusement service consisting of
coin-operated games or devices, where more than five (5) coin-operated games or devices are present or
where more than twenty-five (25) percent of the public area is used for the placement or operation of such
games or devices.
Archeological resource. Any Native American or pre-Columbian artifact or human remains.
Basement. That portion of a building between the floor and ceiling that is partly below and partly
above grade so located that the vertical distance from grade to the floor below is less than the vertical
distance from grade to ceiling.
Billboard. See “Sign, off-premises.”
Boardinghouse. A boardinghouse is a structure where lodging and meals are furnished for
compensation to at least five (5) persons.
Buildable area (developable area). The area of the site in which structures may be located, not
including required yard areas (see Figure 9-A).
Building. Any structure having a roof supported by columns and/or walls and intended for shelter,
housing, and/or enclosure of any person, animal or chattel, but not including tents or mobilehomes.
Building, accessory. A detached subordinate building the use of which is incidental to that of a main
building on the same lot.
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Building and construction ordinance. Title 8 of this code.
Building face. The exterior walls of a building extending vertically from the building line.
Building height. The vertical distance from the average level of the highest and lowest point of that
portion of the lot or building site covered by the building to the topmost point of the structure, excluding
chimneys or vents (see Figure 9-B).
Building, main or principal. A building where the principal use of its lot and or building site is
conducted.
Building site. The area within a lot of record (or contiguous lots under single ownership) actually
proposed for development with buildings or structures, including areas immediately adjacent to the
buildings or structures to an extent equivalent to any required setback areas.
Carport. A permanent roofed structure with not more than two (2) enclosed sides, which is used or
intended to be used for automobile shelter or storage.
Channel. The area occupied by the normal flow of an intermittent of perennial stream during
nonflood conditions.
Combustible liquid. Any liquid having a flash point at or above one hundred (100) degrees
Fahrenheit and below two hundred (200) degrees Fahrenheit, including, but not limited to, diesel fuel,
kerosene and Jet A.
Commercial coach. A vehicle, with or without motive power, including any mobilehome or
recreational vehicle, designed and equipped for human occupancy.
Commission. The Planning Commission of the City.
Common wall development. Two (2) residences on adjoining lots, constructed so that they abut
each other at their common property line (see Figure 9-C).
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Communication towers. Any tower or other structure erected for the purpose of radio, television or
microwave transmission or line-of-sight relay devices.
Community sewer system. A sewage effluent collection network, treatment and disposal facilities
provided within a prescribed service boundary, which results in the primary, secondary, or tertiary
treatment of such effluent.
Community water system. A water storage and distribution network for the provision of potable
water to the public for human consumption within a prescribed service boundary, operated and
maintained by the Atascadero Mutual Water Company.
Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar
action, for or of rights-of-way, structures, utilities or similar property.
Construction permit. Any or all of the various entitlements established by Title 8 of this code that
authorize commencement of construction activities, including but not limited to building permits, grading
permits, electrical and plumbing permits, demolition permits and moving permits.
Convalescent hospital. A place or institution which provides for bed care or for chronic
convalescent care for two (2) or more persons, exclusive of relatives, who by reason of illness or physical
infirmity are unable to care for themselves.
Council. The City Council of the City.
County. The County of San Luis Obispo.
Coverage. Site or lot coverage means the extent of a lot of record occupied by structures and paving.
Crop production. Includes the following crop types and activities and further defined as indicated:
(a) Specialty Crops. Strawberries, herb crops, flower seed and cut flower crops (open field), kiwi
vines, edible pod peas, bushberry crops, Christmas trees and other outdoor ornamentals, intensive
horticulture, sod farms, clover seed, hops, and wholesale nurseries (see separate definition).
(b) Row Crops. All vegetable truck crops except edible pod peas. Includes lima and snap beans.
(c) Orchards. All fruit and nut tree crops. Does not include kiwi, berry, or other vine crops.
(d) Field Crops. Beans other than snap or lima beans, barley, oats, safflower, wheat, grain and hay
including alfalfa, silage and grain corn, sugar beets, melons, cotton.
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(e) Rangeland. Grazing of livestock on grasses without irrigation.
(f) Pasture (Irrigated). Grazing of livestock on irrigated grasses.
(g) Vineyards. Grapevines.
(h) Preparation For Cultivation. Land-contouring, clearing, irrigation construction and other
preparation of soil for crops.
(i) Field Processing. Mechanical processing of crops in the field at harvest, when such activities
do not involve a permanent structure. Such activities include, but are not limited to, hay baling and field
crushing of grapes.
Dance club or nightclub. Establishment providing for live or recorded music and an area for
dancing, including disco.
Dance studio or school. An establishment where instruction in the dance arts (ballet, modern dance
or any other dance form) is provided students for a fee, except where instruction in predominantly social
dance is provided on the premises of a dance club as defined by this title
Density. The measure of the ratio of population to the area of land occupied by that population,
which may be expressed as dwelling units per acre, families per acre, persons per acre, or conversely as
acres per dwelling unit or square feet per dwelling unit. “Gross density” is the number of lots derived
from dividing the area of a site by the area required for each lot or dwelling unit. “Net density” is the
number of lots resulting from subtracting the area required for streets from the total area of the undivided
site, and then dividing the remaining area by the area required for each lot.
Density bonus. A density increase over the otherwise maximum allowable residential density under
the applicable Municipal Code ordinance and Land Use, Open Space, and Conservation Element of the
General Plan as of the date of application by the developer to the City (Government Code Section
65915(f)). Density bonuses shall either be in the form of a “State Density Bonus” as defined by Article 30
in Chapter 3, Zoning Districts, or as specified in the Land Use, Open Space, and Conservation Element of
the General Plan for exceptionally high design quality.
Development. Any activity or alteration of the landscape, its terrain contour or vegetation, including
the erection or alteration of buildings or structures. New development is any construction, or alteration of
an existing structure or land use, or establishment of a land use after the effective date of this title.
Discretionary permit. An entitlement that may be issued under the provisions of this title, but
requires the exercise of judgment and the resolution of factual issues to determine if the application and
requested entitlement conform with the provisions of this title. Generally, a discretionary permit consists
of any entitlement that requires a decision to approve, approve subject to conditions or disapprove, based
on the judgment of the Planning Commission after a hearing (see “Ministerial Permit”).
Drainage facilities. Constructed improvements for the storage or conveyance of storm runoff in
drainage channels, including channels, culverts, ponds, storm drains, drop-inlets, outfalls, basins, pumps,
gutter inlets, manholes, and conduits.
Dredging. Mechanical alteration of the grade of bottom sediments in any body of water.
Drive-in restaurant. Any building or structure in which food or drink are prepared for service to
customers outside such buildings or structure or to customers occupying vehicles outside such structure,
even though food and drink are served to customers inside such building or structure. Shall include self-
service restaurants for food take-out.
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Driveway. A road providing access to a site or land use from a street. A driveway serves no more
than four (4) separately owned parcels (see also, “Road, Private”).
Dude ranch. Transient guest occupancy facilities incidental to a working ranch, which may include
other accessory recreational facilities and common eating facilities open to overnight guests only.
Dwelling unit. An independent, attached or detached residential building designed to house and
provide living space, including kitchen and bathroom facilities, for an individual family.
Entitlement. Authority acquired by an applicant after receiving approval of an application. For the
purposes of this title, land use entitlements are the plot plan, precise plan and conditional use permit (see
“Zoning Approval”).
Exploration. The search for minerals by geological, geophysical, geochemical or other techniques
including, but not limited to, sampling, assaying, drilling, or any surface or underground works used to
determine the type, extent, or quantity of minerals present (includes prospecting).
Extraction. The removal from the earth of oil, gas or geothermal resources by drilling, pumping or
other means, whether for exploration or production purposes.
Family. A “family” is a “single housekeeping unit” defined as the functional equivalent of a
traditional family, whose members are an interactive group of persons jointly occupying a single dwelling
unit, and where, if the unit is rented, all adult
residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written
lease with joint use and responsibility for the premises, and the makeup of the household occu-pying the
unit is determined by the residents of the unit rather than the landlord or property manager.
Family, immediate. Relatives of an applicant or spouse of applicant, limited to grandparents,
parents, children, and siblings.
Flammable liquid. Liquids with flash points below one hundred (100) degrees Fahrenheit,
including, but not limited to, gasoline, acetone, benzene, ethyl ether and ethyl alcohol.
Flash point. The minimum temperature of a liquid at which sufficient vapor is given off to form an
ignitable mixture with the air near the surface of the liquid.
Flood, 100-year. A flood inundation event, the extent of which has a statistical probability of
occurring once every one hundred (100) years.
Flood fringe. That portion of the floodplain outside the floodway.
Floodplain. Land that has been or may be hereafter covered by flood water, including but not
limited to the one hundred (100) year flood.
Flood profile, storm. A graph or longitudinal profile showing the relationship of the water-surface
elevation of a flood event to location along a stream or river.
Floodproofing. Any combination of structural provisions or adjustments in areas subject to flooding
primarily to reduce or eliminate flood damage to properties, water and sanitary facilities, structures, and
the contents of buildings in a flood hazard area.
Floodway. The channel of a river or other watercourse and the adjacent land areas that must be
reserved to discharge the one hundred (100) year flood without cumulatively increasing the water surface
elevation more than one (1) foot.
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Floor area. Includes the total floor area of each floor of all buildings on a site, including internal
circulation, storage and equipment space, as measured from the outside faces of the exterior walls,
including halls, lobbies, stairways, elevator shafts, enclosed porches and balconies.
Frontage. A property line of a lot that abuts a street. Primary frontage is indicated by the street for
which the property is given a street number. Secondary frontage includes all other frontages.
Garage, private. A building for storing self-propelled vehicles that is not open to the public, which
may include an accessory workshop.
Garage, public. Any premises (except a private garage) used for the storage and/or care of self-
propelled vehicles, or where such vehicles are equipped for sale or lease.
General Plan. The City of Atascadero General Plan, including all elements thereof and all
amendments thereto.
Government Code. The Government Code of the State of California.
Grazing. For the purposes of this title, grazing means the keeping for commercial purposes of cattle,
horses or sheep using feed produced on the site.
Greenhouse. See “Nursery.”
Guesthouse. Sleeping facilities detached from a principal residence and occupied for the sole use of
members of the family, temporary guests or persons temporarily employed on the premises; which may
include a bathroom and other living space, but not kitchen facilities.
Health Department. The County of San Luis Obispo Health Department under contract to the City
of Atascadero.
Home occupation. Any use customarily conducted entirely within a dwelling or building accessory
thereto and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the
structure for dwelling purposes and which use does not change the character thereof and does not
adversely affect the uses permitted in the zone of which it is a part.
Hospital. An institution providing physical or mental health services inpatient or overnight
accommodations and medical or surgical care of the sick or injured.
Hotel. A building containing six (6) or more rooms intended or designed to be used, or which are
used, rented or hired out to be occupied for sleeping purposes by guests.
Impulsive sound. Sound of short duration, usually less than one (1) second, with an abrupt onset
and rapid decay. Examples of sources of impulsive sound include explosions, hammering, and discharge
of firearms.
Inoperative vehicle. Any vehicle which is not currently registered or which is not capable of self-
propulsion.
Irrigated. A lot having existing wells, water storage, and/or drip irrigation system adequate to
support any crop suited to the soil type and climate of a site.
Junk yard. An area improved or unimproved in excess of two hundred (200) square feet:
(a) Upon or in which is stored or kept junk salvage materials, scrap metals, inoperative vehicles
and equipment or any combination thereof; or
(b) Upon or in which vehicles, equipment or other property is dismantled or wrecked; or
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(c) Upon or in which salvage materials, inoperative vehicles or equipment, or parts therefrom, or
scrap metals, or any combination thereof, is kept for resale.
Materials or equipment kept on any premises for use in the construction of any building on such
premises, and any materials or equipment customarily used on a farm or ranch, and so situated, shall not
be deemed “junk” or “salvage material” within the meaning of this section.
Light source. A device that produces illumination, including incandescent light bulbs, fluorescent
and neon tubes, halogen and other vapor lights and reflecting surfaces or refractors incorporated into a
lighting fixture. Any translucent enclosure of a light source is considered to be part of the light source.
Loading space. A space used exclusively for loading or unloading of other than passengers from
vehicles into the floor area, use area, or storage area of a building.
Lot, corner: Side and front. A corner lot is located immediately adjacent to the intersection of two
(2) public vehicular rights-of-way, including railroads. The narrowest frontage of a corner lot facing the
street is the front and the longest frontage facing the intersecting street is side, regardless of the direction
in which the dwelling faces (see Figure 9-D).
Lot depth. The horizontal distance between the front and rear lot lines, measured in the mean
direction of the side lot lines.
Lot, double-frontage. A lot extending between two (2) streets, so that both front and rear yards abut
a street (see Figure 9-E).
Lot, flag. A lot which lies substantially behind another lot and is served by an accessway
or access easement (see Figure 9-F).
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FIGURE 9-F: FLAG LOT
Lot, key. The lot located immediately adjacent to a corner lot, oriented so the narrowest dimension
of one of the corner lot side yards is adjacent to the narrowest dimension of the front yard of the key lot
(see Figure 9-D).
Lot width. Distance between interior property lines measured along the front setback line.
Manufactured housing. Residential structures that are constructed entirely in the factory, and which
since June 15, 1976, have been regulated by the Federal Manufactured Home Construction and Safety
Standards Act of 1974 under the administration of the U.S. Department of Housing and Urban
Development (HUD).
Mined lands. Includes the surface, subsurface. and groundwater of an area where surface mining
operations will be, are being, or have been conducted, including all accessory access roads, land
excavations, workings, mining waste, and areas where structures, facilities, and surface mining
equipment, machines, tools or other material or property are located.
Minerals. Any naturally occurring chemical element, compound or groups of elements and
compounds, formed from inorganic processes or organic substances, including, but not limited to, coal,
granite, limestone, metals, peat, “redrock” sand and gravel, tar sand and bituminous sandstone, but
excluding geothermal resources, natural gas, and petroleum.
Mining waste. Includes residual soil, minerals, liquid, vegetation, tailings, abandoned equipment,
tools, other materials or physical conditions directly resulting from or displaced by mining.
Ministerial permit. Any permit that may be issued under the provisions of this title without review
by the Planning Commission or City Council. A ministerial decision involves only the evaluation of a
proposal with respect to fixed standards or objective measurements, without the use of subjective criteria.
Mobile home. A trailer, transportable in one (1) or more sections, that is certified under the National
Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight (8) feet in
width and forty (40) feet in length, is tied down: (a) to a permanent foundation on a lot either owned or
leased by the homeowner; or (b) is set on piers, with wheels removed and skirted, in a mobile home park
and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a
permanent foundation is included under the definition of “single-family dwellings.”
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Nonresidential use. All uses of land including agricultural, communication, cultural, educational,
recreation, manufacturing, processing, resource extraction, retail trade, services, transient lodging,
transportation and wholesale trade uses.
Nursery school. See “Preschool.”
Obstruction in floodway. Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, bridge, conduit, culvert, building, wire fence, rock, gravel,
refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or flood
hazard areas that may impede, retard or change direction of flow, either in itself, or by catching or
collecting debris carried by such water, or that is placed where it might be carried downstream and
damage life or property.
Occupant. The person occupying, or otherwise in real or apparent charge and control of, a premises.
Official plan line. A line adopted by the City Council to indicate the area proposed to be acquired
for an enlarged right-of-way.
Open area. All areas of a lot not included within the definition of floor area: parking, recreation
spaces, passive open areas landscaped areas and other open, unpaved areas of the site.
Outdoor activity area. Any part of a site where commercial, industrial, recreation or storage
activities related to the principal use of a site are conducted outdoors, except for parking.
Owner. The person or persons, firm, corporation or partnership that is the owner of record of a
premises identified on the last equalized assessment roll.
Ownership. Ownership of one (1) or more parcels of land (or possession under a contract to
purchase or under a lease the term of which is not less than ten (10) years) by a person or persons, firm,
corporation or partnership, individually, jointly, in common or in any other manner whereby such
property is under single or unified control.
Parcel.
(a) A parcel of real property shown on a subdivision or plat map, required by the Subdivision Map
Act or local ordinance adopted pursuant thereto, to be recorded before sale of parcels shown on the map
or plot, at the time the map was recorded;
(b) A parcel of real property that has been issued a certificate of compliance pursuant to
Government Code Section 66499.35; or
(c) A parcel of real property not described in subsection (a) or (b) of this definition, provided the
parcel resulted from a separate conveyance or from a decree of a court of competent jurisdiction which
was recorded before the requirement of the filing of the subdivision map by the Subdivision Map Act or
local ordinance adopted pursuant thereto.
Person. Any individual, firm, copartnership, corporation, company, association, joint stock
association, city, county, state or district; and includes any trustee, receiver, assignee, or other similar
representatives thereof.
Planning Department. The City of Atascadero Planning Department, including the Planning
Director and all subordinate employees.
Planning Director. The Planning Director of the City of Atascadero. As used in this title, Planning
Director may include designated staff of the Planning Department when acting in an official capacity.
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Porch. Outdoor steps, stairs, and/or a raised platform less than one hundred (100) square feet in area,
located immediately adjacent to the entry of a building for the purpose of providing pedestrian access
from the outdoor ground elevation to a building interior. If the platform portion of a porch, not including
steps, is more than one hundred (100) feet, it is considered a deck.
Preschool. Any type of group child day care programs including nurseries for children of working
mothers, nursery schools for children under the minimum age for education in public schools, parent
cooperative nursery schools and programs covering afterschool care for school children provided such
establishments are institutional in character and are licensed by the State or County and conducted in
accordance with State requirements.
Project. Any land use, activity, construction or development which is required to be authorized by a
zoning approval pursuant to this title before beginning construction or establishment of the use.
Property line. The recorded boundary of a lot of record.
Property line, front. The recorded boundary between the front yard of a lot of record and the
abutting public or private street right-of-way.
Property line, interior. The recorded boundary between two (2) or more lots of record.
Property line, street frontage. The recorded boundary between a lot of record and a street right-of-
way.
Public Resources Code. The Public Resources Code of the State of California.
Public utility. A company regulated by the California Public Utilities Commission.
Reader board. A sign that accommodates changeable copy and which displays information on
activities and events on the premises, but not including a marquee.
Reclamation. The process of land treatment that minimizes and mitigates otherwise unavoidable or
existing water degradation, air pollution, damage to aquatic or wildlife habitat flooding, erosion, and other
adverse effects from surface or underground mining operations, including adverse surface effects
incidental to underground mines, so that mined lands are reclaimed and restored to a usable condition
readily adaptable for alternate land uses and that will constitute no danger to public health or safety. The
process may extend to affected lands surrounding mined lands, and may require backfilling, grading,
resoiling, revegetation, soil compaction, stabilization, or other measures.
Reclamation plan. A mine operator’s completed and approved plan for reclaiming the lands
affected by mining operations conducted after January 1, 1976, as called for in Section 2772 of the Public
Resources Code.
Recreational vehicle. A motorhome, house car, travel trailer, truck camper or camping trailer, with
or without motive power, designed for human habitation or recreational or emergency occupancy, eight
(8) feet or less in width and forty (40) feet or less in length.
Recycling facility. Any lot or portion of a lot used for the purpose of outdoor storage, sorting,
handling, processing, dismantling, wrecking, keeping or sale of inoperative, discarded, wrecked, or
abandoned appliances, vehicles, boats, building materials, machinery, equipment, or parts thereof,
including but not limited to scrap materials, wood, lumber, plastic, fiber, or other tangible materials that
cannot, without further reconditioning, be used for their original purposes. Includes wrecking yards for
vehicles.
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Residential care facility. Any facility, place, or building that is maintained and operated to provide
nonmedical residential care or day care, services for children or adults (except for preschools which are
separately defined) who are physically handicapped or mentally retarded.
Resource extraction well. Any facility constructed or installed for the purpose of extracting
minerals from the earth that occur in a fluid or gaseous state, or minerals converted to a gaseous or
semifluid state through extraction processes, which involve the penetration of subterranean regions by
means of drilling apparatus. For the purposes of this definition only, mineral resources include oil, gas,
geothermal steam, or other subterranean deposits, except water. Extraction wells as defined herein may be
for purposes of exploration or production.
Rest home. See “Residential care facility.”
Revegation. Any combination of mechanical or other means by which a graded surface is returned
to a condition where it supports significant natural vegetation.
Right-of-way. A road, alley, pedestrian or other access right-of-way with width described in
recorded documents.
Road, private. A road providing vehicular access to four (4) or more lots of record that is not in the
City-maintained road system.
Road, public. A road providing vehicular access that is in the City-maintained road system.
Scrap. Used metal including appliances and machine parts, which can be recycled or reused only
with repair, refurbishing, or attachment to other such materials.
Sedimentation. The addition of soil materials through erosion to a stream or water body that
increases the turbidity of the water.
Setback. An open area on a lot between a building and a property line unoccupied and unobstructed
from the ground upward, except as otherwise provided in Section 9-4.103 (see Figure 9-G).
FIGURE 9-G: SETBACKS AND BUILDABLE AREA
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Setback, front. An open area without structures, extending across the front of a lot between the side
property lines. The front of a lot is the most narrow dimension of the lot parallel to a street and adjacent to
that street, except as provided for flag lots with both fee title and easement access strips where applicant
may determine that portion of the flag to constitute the front yard.
Setback, interior. Any open area of a site not within a required front, rear, or side setback area (see
Figure 9-F).
Setback line. The line formed by the measurement of required front, side, or rear yard areas required
by this title. All setback lines together define the buildable area.
Setback, rear. A primarily open area without principal structures, extending across the full width of
the lot and measured between the rear line of the lot and the nearest line of the building (see Figure 9-F).
Setback, side. A primarily open area without principal structures, between the side line of the lot
and the nearest line of the building and extending between the required front and rear setbacks (see Figure
9-F).
Sign. Any visual device or representation designed or used for communicating a message, or
identifying or attracting attention to a premises, product, service, person, organization, business or event,
not including such devices visible only from within a building.
Sign area. The area of the smallest rectangle within which a single sign face can be enclosed.
Sign copy. The information content of a sign, including text, illustrations, logos, and trademarks.
Sign, directory. A sign identifying the location of occupants of a building or group of buildings
which are divided into rooms or suites used as separate offices, studios or shops.
Sign, exterior-illuminated. Any sign, any part of which is illuminated from an exterior artificial
light source mounted on the sign, another structure, or the ground.
Sign face. The visible portions of a sign including all characters and symbols, but excluding
structural elements not an integral part of the display.
Sign, freestanding. A sign not attached to any buildings and having its own support structure.
Sign, freeway identification. An on-site sign permitted for a highway-oriented use.
Sign height. The vertical distance from average adjacent ground level to the top of the sign
including the support structure and any design elements.
Sign, identification. Any sign identifying an occupant, apartment, residence, school, church, or
certain business uses and not advertising any product or service.
Sign, interior-illuminated. A sign with any portion of the sign face or outline illuminated by an
interior light source.
Sign, monument. A self-supported sign with its base on the ground, not exceeding six (6) feet in
height.
Sign, nonilluminated. A sign illuminated only incidentally by ambient light conditions.
Sign, off-premises. A sign directing attention to a business, service, product, or entertainment not
sold or offered on the premises on which the sign is located.
Sign, political. A sign drawing attention to or communicating a position on any issue, candidate, or
measure in any national, State, local or school campus election.
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Sign, price. A sign on the premises of a gasoline service station, identifying the cost and type or
grade of motor fuel only.
Sign, roof. Any sign located on, or attached to the roof of a building.
Sign, suspended. A sign attached to and located below any permanent eave, roof, or canopy.
Sign, temporary. A sign used not more than sixty (60) days, or other period limited by the duration
of a temporary use.
Sign, wall. A single-faced sign painted on or attached to a building or wall, no part of which extends
out from or above a wall more than six (6) inches.
Sign, window. A sign displayed within a building or attached to a window but visible through a
window or similar opening for the primary purpose of exterior visibility.
Single room occupancy unit (SRO). A structure that provides separate, single room, residential
living units with no on-premises residential medical care. Units within the structure may have individual
bathroom facilities, shared bath or toilet facilities for the residents, or any combination thereof. SRO may
include structures commonly called rooming houses or boarding houses. SRO facilities shall not be age
restricted. Age restricted SRO facilities shall be considered a residential care facility for the elderly
(RCFE).
Site area, gross. The total area of a legally created parcel (or contiguous parcels of land in single or
joint ownership when used in combination for a building or permitted group of buildings), including any
ultimate street right-of-way, existing rights-of-way deeded to the parcel, and all easements, except open
space easements, across the site.
Site area, net. The gross site area minus any ultimate street rights-of-way and all easements, except
open easements, that limit the surface use of the site for building construction.
Site area, usable. Net site area minus any portions of the site that are precluded from building
construction by natural features or hazards, such as areas subject to inundation.
Slope, average. The characteristic slope over an area of land, expressed in percent as the ratio of
vertical rise to horizontal distance. Average slope is to be determined based on the most accurate
available topographic information for each proposed new lot. One of the following methods for
determining average slope is to be used:
(a) Basic Method. Where a line drawn between highest and lowest points on a parcel is adequate to
represent direction and extent of slope for the entire parcel, the difference in elevation between the high
and low points, divided by the distance between the points, will determine the average slope.
(b) Sectional Method. Where the parcel contains distinct sections of differing slope, the average
slope of each section may be determined according to either the basic method in subsection (a) of this
definition or the contour measurement method in subsection (c) of this definition. The average slope of
each section is then used in proportion of the section’s area to the total area to determine the average
slope of the entire parcel.
(c) Contour Measurement Method. Where precise measurement of the average slope is required
due to varied slope conditions or complex topography, the following formula will be used:
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S= (2.29 X 10 - 3) I L
A
Where S = Average slope of parcel in percent
A = Total number of acres in the parcel (or section of parcel)
L = Length of contour lines in scaled feet
I = Vertical distance of contour interval in feet
Sound level meter. Any instrument including a microphone, amplifier, output meter and frequency
weighing networks for the measurement of sound levels, which meets or exceeds the requirements
pertinent for type S2A meters in ANSI specifications for sound level meters, S1.4-1971, or the most
recent revision thereof.
State Board. The State Mining and Geology Board, in the Department of Conservation, State of
California.
State Geologist. The individual holding office as structured in Section 677 of the Public Resources
Code.
Storage area. An area proposed or used for the outdoor storage of supplies or equipment, or goods
for sale, lease, or incidental use.
Story. Usable floors of a building, except that where this ordinance uses stories as a measurement of
a building height. Basements or building floors six (6) feet or more below street level are not included.
Structural alteration. Any change in the supporting members of a building, such as bearing walls,
columns, beams or girders.
Structure. Any artifact constructed or erected, the use of which requires attachment to the ground,
including any building, but not including fences or walls six (6) feet or less in height.
Structure, accessory. A structure, the use of which is incidental to that of a principal structure on
the same lot. May be either detached or attached if part of the principal structure.
Subject site. A parcel or parcels of land which are the intended or actual location of a land use or
land development project which is the subject of an application for zoning approval, construction permit,
variance or adjustment, or an amendment to the land use element.
Substation. Any public utility electrical substation, pumping station, pressure regulating station, or
similar facility.
Supportive housing. Housing with no limit on length of stay, that is occupied by the clients of
social services, such as persons with medical or mental health conditions, and that is linked to on- or off-
site services that assist the supportive housing resident in retaining the housing, improving his or her
health status, and maximizing his or her ability to live in and, when possible, work in the community,
where no on-site medical care is provided. This definition excludes housing for halfway houses intended
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for occupancy by parolees or convicted persons, children’s homes, halfway houses, rehabilitation centers,
and self-help group homes.
Surface mining operations. All or any part of the process involved in the mining of minerals or
construction materials on mined lands by removing overburden and mining directly from the mineral
deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and
quarrying, or surface work incidental to an underground mine. In addition, surface mining operations
include, but are not limited to:
(a) Inplace distillation, retorting, or leaching.
(b) The production and disposal of mining waste.
(c) Prospecting and exploratory activities.
(d) Extractions of natural materials for building, construction, etc.
Temporarily deactivated operation. A surface mine that has been closed down and which the
operator has maintained in the expectation of reopening it when conditions justify.
Terrace.
(a) In the case of a grading or surface mining operation, a terrace is a relatively level step
constructed in the face of a graded slope surface for drainage and maintenance purposes.
(b) A terrace is also an outdoor living or activity area constructed with tile, asphalt, concrete or
other paving laid upon continuous base material or fill, placed directly on grade.
Transitional housing. Buildings configured as rental housing developments, but operated under
program requirements that call for the termination of assistance and recirculation of the assisted unit to
another eligible program recipient at some predetermined future point in time, which shall be no less than
six (6) months (Health and Safety Code Section 50675.2(h)). This definition excludes housing for
halfway houses intended for occupancy by parolees or convicted persons, children’s homes, halfway
houses, rehabilitation centers, and self-help group homes.
Use. The purpose for which a parcel of land, a premises or building is designed, arranged or
intended, or for which it is or may be occupied or maintained.
Use, accessory. A use accessory to any permitted use and customarily a part thereof, which is clearly
incidental and secondary to the permitted use and does not change the character of the main use.
Use, allowable. A use of land identified in Chapter 9-3 being appropriate in a given zoning district
subject to the standards of this title.
Use, approved. A use of land authorized to be constructed and/or established through issuance of an
approved plot plan, precise plan or conditional use permit.
Use, area. The area of a site used for buildings (main or accessory) and storage area or other
incidental use, but not including parking or landscaping.
Use area, active. All portions of a site and buildings included in the use area, except storage,
parking and landscaping.
Use, new. A use of land which is proposed to be established or constructed after the adoption of this
title.
Use, principal or main. The primary purpose for which a building, structure, or lot is designed,
arranged, or intended, or for which they may be used, occupied, or maintained under this title.
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Use, structural. A use of land accompanied by a building or structure (not including fences), on the
same lot of record.
Wall, building. The length of a building wall is the horizontal distance from corner to corner
measured from a plan parallel to the appropriate side, rear or front lot lines.
Watercourse. The normal channel or limits of an intermittent or perennial stream, or other body of
water, during nonflood conditions.
Yard. An open space, other than a court, on a lot which space is unoccupied and unobstructed from
the ground upward.
Zero lot line development. A residential project where dwelling units on individual lots of record
are located so they all abut one side property line, without a setback (see Figure 9-H).
FIGURE 9-H: ZERO LOT LINE DEVELOPMENT
Zoning approval. Same as entitlement. (Ord. 572 § 1, 2013; Ord. 571 § 1, 2013; Ord. 570 § 1, 2013;
Ord. 554 § 2, 2011; Ord. 237 § 1(B), 1992; Ord. 82 § 9-9.102, 1984; Ord. 75 § 2(1), 1984; Ord. 68 § 9-
9.102, 1983)
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)
(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)
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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)
(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 Facing1 AUP
8. Home Occupation P P
9. Information Kiosks AUP AUP AUP AUP AUP
10. Private Light Pole P P P P
11. Ground Monument
Sign
P P P P
12. Multi-Tenant
Freestanding
P
13. Projecting P P P
14. Projected Image P P P P
15. Off-Site Subdivision AUP AUP AUP
16. Neighborhood
Identification
P
17. Single Tenant
Freestanding Sign
P P P P
18. Suspended P P P
19. Temporary For-Sale P P P P P
20. Temporary Non-
Commercial
P P P P P
21. Tenant Directional P P P P P
22. Wall P P P P
23. Window Lettering P P P
Notes:
1 Freeway signs are regulated by section 9-15.009
(Ord. 609 § 2, 2017; Ord. 604 § 2, 2016)
9-15.008 Types of Signs & Standards
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(c) Allowed Signs and Standards. The following signs are permitted within the City of
Atascadero as shown in Table 15.2. 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
except
Residential
10 sf 1 per street
frontage
5 ft. (c) Must be located outside of Right-of-
way on business property, except as
allowed by encroachment permit in
the East Mall and West Mall
parkway area.
(d) Minimum height is 3-feet.
2. Art and Murals Yes All Zoning
Districts
N/A N/A N/A (b) 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
(f) Minimum vertical clearance from
the ground of eight (8) feet.
(g) May project a maximum of five (5)
feet into the public right-of-way
with approved encroachment permit
(h) Shall be securely attached to the
buildings and well maintained.
(i) No supports or poles may be located
in the public right-of-way.
(j) 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 (e) May be in place for a maximum of
thirty (30) days.
(f) All banners must be down a
minimum of sixty (60) days before
any new banner may go up
(g) Banners must be secured flat against
a building or secure structure placed
in the ground.
(h) Nonprofit events shall be exempt
from size and number of banners
(e.g., farmers market).
5. Building Name
Identification
Yes All Zoning
Districts
20 sf 1 per
building
Based on
building
height
(b) Signage used to identify the building
not the tenant(s).
6. Changeable
Copy
Yes All Zoning
Districts
Based on
AUP
1 per
business
12 ft. (e) AUP required.
(f) Size of changeable copy to be
determined by the AUP.
(g) Design of changeable copy sign
shall be determined by AUP.
(h) Sign is non-digital.
7. Freeway Facing Yes * * * *Refer to section 9-15.010
8. Home
Occupation
No All Ag &
Residential
Zoning
Districts
2 sf 1 per
residential
unit
4 ft (c) Requires issuance of a valid
business license prior to placement.
(d) Signage is permitted as a part of a
residential occupancy in a mixed-use
development.
9. Information Yes All Zoning Based on Based on Based on (d) For the permanent and / or
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Allowed Signage Types – Table 15.2
Sign Type Permit
Required
Zones
Allowed
Max. Sign
Area1
Number of
sign(s)
permitted
Max.
Height2 Special Requirements
Kiosks Districts AUP AUP AUP temporary display of information.
(e) Limited to civic activities,
advertising for local events.
(f) AUP required.
10. Private Light
Pole3
Yes All Zoning
Districts
except
Residential
6 sf for each
pole
25% of the
total
number of
light poles;
Based on
Light
Pole
Height
(f) 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.
(g) Eight (8) feet minimum vertical
clearance or as required by the
California Building Code, whichever
is greater.
(h) Light Pole located on private
property.
(i) A maximum of two (2) signs per
pole.
(j) Signage on poles shall be placed
within decorative frames or
brackets.
11. Ground
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. (i) Minimum base height shall be one
(1) foot.
(j) Maximum base height shall be four
(4 feet)
(k) Base does not count towards sign
face area.
(l) Base shall have decorative
hardscaping and shall be consistent
with the architecture of the
building(s) it serves.
(m) Bases shall be located in a
landscape planter.
(n) Cabinet type signs shall be
prohibited.
(o) Monument signs in DO/DC require
a building to be setback a min. of
10-feet from back of walk.
(p) 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
Zoning
Districts
50 sf
+ additional
10 sf per
tenant
Max. 100 sf
1 per
property
12 ft (h) Two (2) or more tenants required.
(i) Minimum base height shall be four
(4) feet.
(j) Base does not count towards sign
face.
(k) Base Articulation. Base shall be
consistent with architecture of multi-
tenant building.
(l) Bases shall be located in a landscape
planter and setback five (5) feet
from the back of sidewalk.
(m) Cabinet monument type
156
ITEM 3 | 11/07/2017
Zoning Text Amendments
PLN 2017-1650 / City of Atascadero
Allowed Signage Types – Table 15.2
Sign Type Permit
Required
Zones
Allowed
Max. Sign
Area1
Number of
sign(s)
permitted
Max.
Height2 Special Requirements
shall be prohibited.
(n) A singular pole is prohibited.
13. Projecting Yes All Zoning
Districts
except Ag
&
Residential
15 sf 1 per
business
N/A (c) Minimum ground clearance must be
eight (8) feet, or as regulated by the
California Building Code.
(d) 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
N/A 1 per
business /
residence
N/A (e) Laser lights or projected image signs
used to project an image, logo, or
other graphic in a building,
structure, sidewalk or other surface.
(f) 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.
(g) Installation of new electrical
components shall be consistent with
the California Building Code or
successor code.
(h) Flashing, distracting lights shall not
be utilized.
15. Off-Site
Subdivision
Yes Ag,
Residential
and Non-
Residential
Zoning
Districts
40 sf 3 per
subdivision
10 ft. (i) Subdivision tracts of five (5) or
more lots may be permitted to install
off-site directional advertising
signage.
(j) Subject to the approval of an AUP.
(k) Subdivision shall be located within
the City of Atascadero.
(l) No flags, banners or other
decorations shall be affixed to the
sign.
(m) The signs shall not be
illuminated.
(n) All signs shall be located on private
property with written permission
from the property owner provided to
the City.
(o) 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.
(p) The applicant may apply annually
for a one (1) year time extension for
active construction projects.
16. Neighborhood
Identification
Yes Residential
Zoning
Districts
36 sf 1 per
arterial /
collector
street
frontage
6 ft (i) Residential Single Family / Multi-
Family Developments of five (5)
units or more.
(j) Minimum base height shall be one
(1) foot.
(k) Maximum base height shall be three
(3 feet)
157
ITEM 3 | 11/07/2017
Zoning Text Amendments
PLN 2017-1650 / City of Atascadero
Allowed Signage Types – Table 15.2
Sign Type Permit
Required
Zones
Allowed
Max. Sign
Area1
Number of
sign(s)
permitted
Max.
Height2 Special Requirements
(l) Base does not count towards sign
face area.
(m) Base shall have decorative
hardscaping and shall be consistent
with the architecture of the
building(s) it serves.
(n) Bases shall be located in a landscape
planter on private property,
(o) Cabinet type signs shall be
prohibited.
(p) 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 (f) Sign face shall be elevated, a
minimum of one (1) foot off the
ground.
(g) Bases shall be located in a landscape
planter and setback a minimum of
two (2) feet from the back of
sidewalk.
(h) Cabinet monument type shall be
prohibited.
(i) A singular pole is prohibited.
(j) Freestanding signs in DO/DC
require a building to be setback a
min. of ten (10) feet from the back
of sidewalk.
18. Suspended Yes All Zoning
Districts
except Ag
&
Residential
15 sf 1 per public
street
frontage
N/A (b) Minimum ground clearance of eight
(8) feet or as regulated by the
California Building Code or
successor code.
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. (b) Signs must be removed fourteen
(14) days after close 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 (d) A maximum of nine (9) months.
(e) Must be removed a minimum of
ninety (90) days before any new
non-commercial signage may be
placed.
(f) Prohibited in the public right-of-
way.
32 sf
freestanding
21. Tenant
Directional
No All Zoning
Districts
N/A N/A 5 ft. (c) Does not count against total
aggregate sign area.
(d) Design shall be consistent with the
architectural style and features of the
building façade.
158
ITEM 3 | 11/07/2017
Zoning Text Amendments
PLN 2017-1650 / City of Atascadero
Allowed Signage Types – Table 15.2
Sign Type Permit
Required
Zones
Allowed
Max. Sign
Area1
Number of
sign(s)
permitted
Max.
Height2 Special Requirements
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
(e) May not exceed one (1) square foot
per lineal foot of building frontage.
(f) For tenants greater than 10,000
square feet in size, an additional one
hundred and fifty percent (150%)
more sign area may be permitted.
(g) 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.
(h) 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:
4.Maximum Sign Area measured in square feet (sf).
5.Maximum Height measured in feet (ft) and from finished grade for all sign types.
6.Additional Light Pole signage regulations contained in subsection 9-15.007(b)(2).
(d) 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. (Ord. 609 § 2, 2017; Ord. 604
§ 2, 2016)
159