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HomeMy WebLinkAboutOrdinance 614ORDINANCE NO. 614 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE TITLE 9 ZONING REGULATIONS WHEREAS, an application has been received from the City of Atascadero (6500 Palma Ave., Atascadero, CA 93422), to consider Zoning Regulations Text Amendments to Title 9, Chapters 1-4, 6, 9 and 15 (PLN 2017-1650 / ZCH 2017-0186); and WHEREAS, the amendment to the Zoning Regulations will provide for the orderly and efficient interpretation of land use policies where such development standards are applicable; 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 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, the Planning Commission has determined that it is in the best interest of the City to enact these amendments to Title 9, Zoning Regulations of the Atascadero Municipal Code; and, WHEREAS, a timely and properly noticed public hearing, on the subject of amending the Zoning Regulations, 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 recommends that the City Council approve the proposed amendments; and, WHEREAS, the City Council of the City of Atascadero, at a public hearing held on November 28, 2017, studied and considered PLN 2017-1650. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. The City Council 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. City of Atascadero Ordinance No.614 Page 2 of 87 3.The Text Change will not,in itself,result in significant environmental impacts. SECTION 3.A categorical exemption for the Zoning Regulations amendments has been prepared and adopted as shown in Exhibit A on file in the City Clerk’s Office and incorporated herein by reference. SECTION 4.Atascadero Municipal Code Title 9 Zoning Regulations is amended as detailed in Exhibit B on file in the City Clerk’s Office and incorporated herein by reference. SECTION 5.The City Council of the City of Atascadero,in a regular session assembled on November 28,2017 resolved to introduce for first reading,by title only,an Ordinance amending Atascadero Municipal Code Title 9 Zoning Regulations as shown in Exhibit B on file in the City Clerk’s Office and incorporated herein by reference. SECTION 6.A summary of this Ordinance,approved by the City Attorney,together with the ayes and noes,shall be published twice:at least five days prior to its final passage in the Atascadero News,a newspaper published and circulated in the City of Atascadero,and;before the expiration of fifteen (15)days after its final passage in the Atascadero News,a newspaper published and circulated in the City of Atascadero.A copy of the lull text of this Ordinance shall be on file in the City Clerk’s office on and after the date following introduction and passage and shall be available to any interested member of the public. SECTION 7.This Ordinance shall take effect 30 days from the date of final passage. INTRODUCED at a regular meeting of the City Council held on November 28,2017,and PASSED and ADOPTED by the City Council of the City of Atascadero,State of California,on December 12,2017,by the following roll call vote: AYES:Council Members Bourbeau,Moreno,Sturtevant,Mayor Pro Tern Fonzi and Mayor O’Malley NOES:None ABSTAIN:None ADOPTED:December 12,2017 APPROVED AS TO FORM: Brian A.Pierik,City Attorney City of Atascadero Ordinance No. 614 Page 3 of 87 EXHIBIT A. Notice of Exemption City of Atascadero Ordinance No. 614 Page 4 of 87 EXHIBIT B: Proposed Amendments to Title 9 Zoning Regulations Amend the following subsections of Chapter 1, Section 9-1.112; and Chapter 2, Sections 9- 2.108 and 9-2.110; and Chapter 3, Sections 9-3.104, 9-3.230, 9-3.242, 9-3.243, 9-3.244, 9- 3.252, 9-3.262, 9-3.330, 9-3.347, and 9-3.500; Chapter 4, 9-4.106, 9-4.113, 9-4.115, 9-4.118, 9- 4.119, 9-4.120, 9-4.127, and 9-4.128; Chapter 6, Sections 9-6.105, 9-6.106, 9-6.108, 9-6.110, 9-6.112, 9-6.117, and 9-6.140; Chapter 9, Section 9-9.102; and Chapter 15, Sections 9-15.007 and 9-15.008 as shown: 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. (b) Application. An administrative use permit application shall be filed with the Community Development Department as an attachment to its respective project application, and shall include appropriate supporting materials. Supporting materials shall include, but not be limited to, a plot plan, written description of activities proposed, rationale for relaxation or modification of the applicable standard, and mailing labels with the names and addresses for all property owners located within three hundred (300) feet of the subject property. The hearing officer may require additional information as necessary. (c) Processing. The Community Development Department hearing officer shall hold a public hearing to review whether findings can be made to approve the application. Notice of the hearing shall be given to adjacent property owners as provided in Section 9-1.110. Approval of the application may be made contingent upon conditions of approval. The applicant, or any aggrieved party, may appeal the hearing officer’s decision and/or conditions of approval to the Planning Commission. The hearing officer’s decisions shall be final unless appealed as provided in Section 9-1.111 of this title. An additional fee shall not be charged if the application for administrative use permit is considered in conjunction with a plot plan, precise plan or conditional use permit. (d) Findings for Approval. An administrative use permit shall be approved only if the following findings are made in the affirmative by the hearing officer: (1) Modification of the applicable standard will not result in a project that is inconsistent with the General Plan; (2) Modification of the applicable standard will not result in a project that is inconsistent with the character of the immediate neighborhood or contrary to its orderly development; (3) Modification of the applicable standard will not result in a project that is not in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; and (4) Modification of the applicable standard will not result in the authorization of a use not otherwise allowed; and (5) Any other findings deemed necessary. City of Atascadero Ordinance No. 614 Page 5 of 87 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 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; City of Atascadero Ordinance No. 614 Page 6 of 87 (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. 9-2.110 Conditional use permit. (a) The conditional use permit is the process used to review land use proposals of a nature or magnitude which could significantly affect their surroundings. Such land use proposals include: (1) Uses that are shown as conditional uses in a particular zoning district; or (2) Multiple-family residential developments consisting of twelve (12) or more units, even if such a development is listed as an allowed use in a particular zoning district; or (3) Nonresidential development containing fifty thousand (50,000) square feet or more of building footprint area, even if such a development is listed as an allowable use in a particular zoning district; or (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, even if such a development is listed as an allowable use in a particular zoning district. (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: (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. City of Atascadero Ordinance No. 614 Page 7 of 87 (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 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 City of Atascadero Ordinance No. 614 Page 8 of 87 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. (4) Effective Date. The approval of a conditional use permit shall become final and effective for the purposes of issuing a construction permit or establishing a nonstructural use 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). 9-3.104 Symbols used. (a) Zoning Districts. The letter symbols listed after each zoning district in Section 9-3.102(a) through (c) shall be used to designate the location of various zoning districts on the official zoning maps (Section 9-1.102). (b) Overlay Districts. The letter symbols listed after each overlay district in Section 9-3.103(a) shall be appended to the base zoning district and be placed in parentheses thereafter to designate the location of various overlay districts on the official zoning maps (Section 9-1.102). Example: Residential Suburban as the base zone within a Flood Hazard and Geologic Hazard overlay area would show on the official zoning maps as RS (FH) (GH). (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-24 (HS). (d) Minimum Lot Size in Residential and Agricultural Zoning District Areas. A symbol specifying the minimum lot size in acres in certain residential zoning districts shall be appended to the base zoning district and be placed following a hyphen thereafter where necessary to designate the minimum lot size on the official zoning maps (see Section 9-1.102). Example: Residential Single-Family with a one-half (1/2) acre minimum lot size in a Flood Hazard Overlay Zone would show on the official zoning maps as RSF-X(FH). Minimum lot size will not always be shown on the official maps especially in zoning districts where the minimum size is uniform, in circumstances where Chapter 9-6 establishes minimum sizes for some, but not all, uses within a zoning district, and where performance standards identified for certain zoning districts in this chapter are used to establish the minimum lot size. 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. City of Atascadero Ordinance No. 614 Page 9 of 87 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 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 / Senior Apartments CUP City of Atascadero Ordinance No. 614 Page 10 of 87 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 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 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. City of Atascadero Ordinance No. 614 Page 11 of 87 (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: Percolation Rating Minutes Per Inch Well suited Less than 20 Moderate or slow 20 to 39 Slow 40 to 59 Severe Greater than 60 (3) Average Slope. Using the Basic, Sectional or Contour Measurement Method, the lot size factor based on this performance standard shall be: Slope Lot Size Factor 0 — 10% 0.50 11 — 20% 0.75 21 — 25% 1.00 26 — 30% 1.25 31 — 35% 1.75 36 — 40% 2.00 40% + 2.25 City of Atascadero Ordinance No. 614 Page 12 of 87 (4) Condition of Access. Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be: Condition Lot Size Factor City accepted road 0.40 Paved road, less than 15% slope 0.40 Paved road, greater than 15% slope 0.50 All-weather road, less than 15% slope 0.75 All-weather road, greater than 15% slope 1.00 Unimproved road, less than 15% slope 1.25 Unimproved road, greater than 15% slope 1.50 (5) General Neighborhood Character. Using the average lot size of existing lots which are zoned for single-family residential use (except that lots larger than fifteen (15) acres shall be excluded unless they constitute more than twenty-five percent (25%) of the total number of lots) within a one thousand five hundred (1,500) foot radius, the minimum lot size factor based on this performance standard shall be determined by multiplying the average lot size by two-tenths (0.2). (b) Determination of Minimum Lot Size. The minimum lot size shall be determined by the sum of each of the lot size factors for the performance standards set forth in subsection (a) of this section, however in no case shall the minimum lot size be less than two and one-half (2-1/2) acres in size. (1) The most current information shall be used to determine the lot size factor. Where information is not available, the Planning Director shall determine which lot size factor shall apply. (2) If more than one (1) lot size factor can be applied to a lot, the less restrictive factor shall be used. (3) Lot size factors shall be based on conditions in existence at the time of filing an application unless information is included with the application which will alter a lot size factor. 9-3.243 Minimum lot size—RSF Zone. The minimum lot size in the Residential Single-Family Zone shall be one-half (1/2) acre and may range up to two and one-half (2-1/2) acres. The size of a lot shall be consistent with the land use designation set forth in the General Plan and shall be indicated by the symbols set forth in the following chart, which shall be shown on the official zoning maps as provided by Section 9-3.104(d). Symbol Minimum Lot Size X 1/2 acre net area (excluding land needed for street rights-of-way whether publicly or privately owned). Y 1 acre gross area. Z 1-1/2 to 2-1/2 acres gross based on performance standards set forth in this section. City of Atascadero Ordinance No. 614 Page 13 of 87 (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: Percolation Rating Minutes Per Inch Well suited Less than 20 Moderate 20 to 39 Slow 40 to 59 Severe Greater than 60 (3) Average Slope. Using the basic, sectional or contour measurement method, the lot size factor based on this performance standard shall be: Slope Lot Size Factor 0—20% 0.30 21—30% 0.50 31%+ 0.70 City of Atascadero Ordinance No. 614 Page 14 of 87 (4) Condition of Access. Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be: Condition Lot Size Factor Paved with slope of less than 15% or City-accepted 0.15 Paved with slope of greater than 15% 0.20 All-weather surface with slope of less than 15% 0.25 All-weather surface with slope of greater than 15% 0.30 Unimproved surface 0.40 (5) General Neighborhood Character. Using the average lot size of existing lots (except that lots larger than five (5) acres shall be excluded unless they constitute more than twenty-five percent (25%) of the total number of lots) within a one thousand (1,000) foot radius, the minimum lot size factor based on this performance standard shall be determined by multiplying the average lot size by two -tenths (0.2). (b) Determination of Minimum Lot Size. The minimum lot size shall be determined by the sum of each of the lot size factors for the performance standards set forth in subsection (a) of this section. (1) The most current information shall be used to determine the lot size factor. Where information is not available, the Planning Director shall determine which lot size factor shall apply. (2) If more than one (1) lot size factor can be applied to a lot, the less restrictive factor shall be used. (3) Lot size factors shall be based on conditions in existence at the time of filing an application unless information is included with the application which will alter a lot size factor. 9-3.244 Minimum lot size—LSF Zone. The minimum lot size in the Limited Residential Single-Family Zone shall be twenty thousand (20,000) square feet with sewer, one-half (1/2) acre where sewer is not available and may range up to two and one-half (2-1/2) acres. The size of a lot shall be consistent with the land use designation set forth in the General Plan and shall be indicated by the symbols set forth in the following chart, which shall be shown on the official zoning maps as provided by Section 9-3.104(d). Symbol Minimum Lot Size X 1/2 acre net area (excluding land needed for street rights-of-way whether publicly or privately owned). Y 1 acre, when sewers are available. 1-1/2 acres, when sewers are not available. Z 1-1/2 to 2-1/2 acres based on performance standards set forth in this section. (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: City of Atascadero Ordinance No. 614 Page 15 of 87 (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: Percolation Rating Minutes Per Inch Well suited Less than 20 Moderate 20 to 39 Slow 40 to 59 Severe Greater than 60 (3) Average Slope. Using the Basic, Sectional or Contour Measurement Method, the lot size factor based on this performance standard shall be: Slope Lot Size Factor 0—20% 0.30 21—30% 0.50 31%+ 0.70 City of Atascadero Ordinance No. 614 Page 16 of 87 (4) Condition of Access. Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be: Condition Lot Size Factor Paved with slope of less than 15% or City-accepted 0.15 Paved with slope of greater than 15% 0.20 All-weather surface with slope of less than 15% 0.25 All-weather surface with slope of greater than 15% 0.30 Unimproved surface 0.40 (5) General Neighborhood Character. Using the average lot size of existing lots (except that lots larger than five (5) acres shall be excluded unless they constitute more than twenty-five percent (25%) of the total number of lots) within a one thousand (1,000) foot radius, the minimum lot size factor based on this performance standard shall be determined by multiplying the average lot size by two -tenths (0.2). (b) Determination of Minimum Lot Size. The minimum lot size shall be determined by the sum of each of the lot size factors for the performance standards set forth in subsection (a) of this section. (1) The most current information shall be used to determine the lot size factor. Where information is not available, the Planning Director shall determine which lot size factor shall apply. (2) If more than one (1) lot size factor can be applied to a lot, the less restrictive factor shall be used. (3) Lot size factors shall be based on conditions in existence at the time of filing an application unless information is included with the application which will alter a 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: (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). City of Atascadero Ordinance No. 614 Page 17 of 87 (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 Such approval shall require a finding that the average daily traffic generated by the project would not exceed that of a multifamily project. The project would be further subject to the “percentage coverage” constraints of subsection (a) of the district. Off-street parking requirements would be as established by the Planning Commission. (e) Sewer Service. Sewer service and the inclusion of property within the urban services line (USL) shall be a prerequisite to developing multiple-family projects to the density standards of the RMF zone. (f) Density Bonus. A density bonus may be granted, subject to approval by the City Council through a master plan of development (CUP), consistent with Sections 9-3.801 through 9-3.806. (g) In lieu of granting a density bonus, the Planning Commission shall consider other bonus incentives allowable under Government Code Section 65915. 9-3.262 Property development standards—RMF. In addition to the standards specified in Chapter 4 of this title, General Site Design and Development Standards, the following development standards shall apply to mobile home and multiple-family residential projects: (a) Percent Coverage. The maximum percent of a lot that may be covered by structures (excluding decks less than thirty (30) inches from the ground) shall be forty percent (40%) for low density multiple- family projects and fifty percent (50%) for high density multiple-family projects. (b) Enclosed Storage. Each dwelling unit shall be provided a minimum of one hundred (100) cubic feet of enclosed storage space, exclusive of closets, which may be located in either a principal or accessory building. City of Atascadero Ordinance No. 614 Page 18 of 87 (c) Outdoor Recreation Areas. For developments of four (4) to seven (7) dwelling units, outdoor recreational open space shall be provided at a ratio of three hundred (300) square feet per unit. This open space may be provided either as: (1) a private amenity designed for exclusive use of a dwelling unit; or (2) as common open space provided that no individual open space is less than one thousand (1,000) square feet. For developments of eight (8) or more dwelling units, outdoor recreational open space shall be provided at a ratio of three hundred (300) square feet per unit. This common open space may be provided in more than one (1) location provided that no individual open space area is less than one thousand (1,000) square feet. (d) Screening Wall. A solid wall or fence not less than six (6) feet in height shall be placed and maintained on interior lot lines abutting property zoned for single-family residential use. (e) Covered Parking. One (1) covered parking space (carport or garage) shall be required per dwelling unit of the total off-street parking required by Section 9-4.118. (f) Laundry Facilities. Laundry facilities shall be provided in the form of either: (1) laundry hook- ups within each individual dwelling unit; or (2) a shared laundry facility equipped with washers and dryers. (g) Appearance Review. All projects shall be consistent with the multifamily design and landscape requirements of the Appearance Review Manual. (h) Maintenance Requirement. A maintenance agreement for all landscaping, building exteriors, accessory structures, parking areas and other common facilities shall be approved by the Community Development Director and City Attorney prior to final occupancy. (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. 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. City of Atascadero Ordinance No. 614 Page 19 of 87 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 Schools -Business & Vocational A A A A CUP CUP CUP CUP 9-6.125 City of Atascadero Ordinance No. 614 Page 20 of 87 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 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/ CUP 3 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 A A A 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 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 City of Atascadero Ordinance No. 614 Page 21 of 87 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 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 A A A Day Care Childcare Center A A A CUP 9-6.125 Large Family Day Care CUP8 CUP8 9-6.125 Small Family Daycare A8 A8 A8 A8 A8 Adult Day Care Facility A A A CUP Kennels CUP A 9-6.111 Laundromat / Coin-Operated Laundry A A A A A CUP A A Medical Extended Care Services: 6 Residents or Less A A 9-6.134 Medical Extended Care Services: 7 A A 9-6.134 City of Atascadero Ordinance No. 614 Page 22 of 87 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 Residents or More 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 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 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 City of Atascadero Ordinance No. 614 Page 23 of 87 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 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 Telecommunicatio n 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 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 or 3 days for 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 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 City of Atascadero Ordinance No. 614 Page 24 of 87 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. Refer to 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 Refer to Chapter 9-15 Density 20 dwelling units/acre maximum 20 dwelling units/acre maximum City of Atascadero Ordinance No. 614 Page 25 of 87 9-3.500 Definitions. As used in Title 9, the following terms and phrases 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”. Card rooms, billiard and pool halls as a primary use are classified as “Personal services-restricted”. 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. City of Atascadero Ordinance No. 614 Page 26 of 87 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: • 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. City of Atascadero Ordinance No. 614 Page 27 of 87 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. 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 City of Atascadero Ordinance No. 614 Page 28 of 87 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 Code Section 1392 et seq., and artisan products or similar farmers’ markets products that include multiple sales vendors. City of Atascadero Ordinance No. 614 Page 29 of 87 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; • Stationery, 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, medical and dental laboratories; outpatient care facilities; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included. Also includes hospitals and similar establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services; such establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. Nursing homes and similar long-term personal care facilities are classified in “residential care.” Home Occupations. The gainful employment of the occupant of a dwelling, with such employment activity being subordinate to the residential use of the property. City of Atascadero Ordinance No. 614 Page 30 of 87 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 “amusement 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.” 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. City of Atascadero Ordinance No. 614 Page 31 of 87 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; • 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; City of Atascadero Ordinance No. 614 Page 32 of 87 • 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 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 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 City of Atascadero Ordinance No. 614 Page 33 of 87 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.” 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 Cannabis Cultivation. As defined by Chapter 9-17. 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%) City of Atascadero Ordinance No. 614 Page 34 of 87 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 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 City of Atascadero Ordinance No. 614 Page 35 of 87 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 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, in 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.” City of Atascadero Ordinance No. 614 Page 36 of 87 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 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 City of Atascadero Ordinance No. 614 Page 37 of 87 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, 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 City of Atascadero Ordinance No. 614 Page 38 of 87 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. 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” 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: City of Atascadero Ordinance No. 614 Page 39 of 87 (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 a minimum of 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 the 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 by approval of an administrative use permit (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 f ront 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 City of Atascadero Ordinance No. 614 Page 40 of 87 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. 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 that the required side and rear setbacks are increased one (1) foot in width for each foot of height over thirty (30) feet. (3) Downhill Lot. Where the average front-to-back slope of a lot is greater than one (1) foot of fall in seven (7) feet of distance from the centerline of the street to the rear face of the proposed building, up to ten (10) feet may be added to the rear building face, which is to be excluded from the height measurement (Section 9-4.112). City of Atascadero Ordinance No. 614 Page 41 of 87 (4) Uninhabited Structures. The height limits specified in subsection (a) of this section do not apply to the following structures (measurement of height is to be from the ground, as set forth in Section 9-4.112): (i) Radio and television receiving antennas of the type customarily used for home radio and television receivers, when fifty (50) feet or less in height. (ii) Transmitting antennas used by licensed amateur (ham) radio operators when fifty (50) feet or less in height. (iii) Flagpoles fifty (50) feet or less in height. (iv) Grain elevators, silos, water tanks, windmills, wind generators and all other similar structures not containing residential uses and located in the A, RS, CR, CS, CPK, IP and I Zones. (v) Chimneys no more than one hundred (100) feet in height located in the CPK, IP and I Zones and all other chimneys and roof vents extending no more than two (2) feet above the height limit specified in subsection (a) of this section. (vi) Industrial towers, nonportable equipment and other uninhabited structures no more than sixty (60) feet in height located in the CPK, IP and I Zones. (vii) All portable construction equipment. (viii) Public utility poles and structures for providing electrical and communications services. (ix) Solar collectors not more than five (5) feet above the height limit specified in subsection (a) of this section. (x) Satellite receiving and similar communication dishes and devices in commercial and industrial zones, when no more than ten (10) feet above the maximum height in the zone. 9-4.115 Off-street parking required. All uses requiring an entitlement shall be provided off-street parking as set forth in this section, except parking lots in the following situations: (a) Compact Car Spaces. Lots with twenty (20) or more spaces may substitute compact car spaces for up to twenty percent (20%) of the total number of spaces. Compact car spaces shall be a minimum of eight (8) by fourteen (14) feet in size. Compact spaces shall be designated by painting the word “compact” or similar, on the surface of the space. (b) Motorcycle Parking. Lots with twenty (20) or more spaces may replace regular spaces with motorcycle spaces at a ratio of one (1) motorcycle space for each twenty (20) spaces. Motorcycle spaces shall be a minimum size of three (3) by six (6) feet. Motorcycle spaces shall be designated by painting the word “motorcycle,” or similar, on the surface of the space. (c) Bicycle Spaces. Lots with twenty (20) or more spaces may substitute a bicycle rack providing space for at least five (5) bicycles at a ratio of one (1) bicycle rack for each twenty (20) spaces. It is recommended that all shopping centers provide some bicycle spaces in the project. (d) Parking District. Parking requirements may be modified within a parking district where the district provides adequate parking within the limits of the district and the parking requirements of a new use are accommodated by the parking district. City of Atascadero Ordinance No. 614 Page 42 of 87 (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. (h) Planning Commission Modification. The parking standards of this title may be modified through conditional use permit approval based upon specific findings of fact that the characteristics of a use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by this title and that reduced parking will be adequate to accommo date on the site all parking needs generated by the use. 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. City of Atascadero Ordinance No. 614 Page 43 of 87 (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 buildings. (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. (b) Company Vehicles. Commercial or industrial uses shall provide one parking space for each company vehicle which is parked on the site during normal business hours. Such space may be located within a building. (c) Parking Requirements by Land Uses. (1) Agricultural Uses. Except for the specific uses listed in this subsection, improved off - street parking and loading spaces are not required for an agricultural use, as long as sufficient usable area is provided to meet the parking needs of all employees, visitors and loading activities entirely on the site of the use. Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Ag. Processing: Packing and processing 1 per 1,000 s.f. of use area Low High Wineries 1 per 1,000 s.f. of active use area and 1 per 3,000 s.f. of storage, and 1 per 100 s.f. of tasting room Low / Medium High Animal husbandry, farm equipment and supplies 1 per 500 s.f. of floor area, and 1 per 1,000 s.f. of outdoor use Low Low (2) Communication Uses. Broadcasting studios are to provide parking as required for offices (see subdivision (8) of this subsection). Transmission facilities are not required to have identified spaces, as long as sufficient usable area is provided to meet the parking needs of all employees entirely on the site of the use. City of Atascadero Ordinance No. 614 Page 44 of 87 (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. 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 1 per 4 fixed seats, or 1 per 40 s.f. of spectator area if High Low City of Atascadero Ordinance No. 614 Page 45 of 87 auditoriums and meeting halls, sports assembly) seats not fixed Schools: Preschools, day care As required by Section 9-6.125. Elementary and high school As required by Section 9-6.125. Business and vocational As required by Section 9-6.125. College and University As determined by Planning Commission (4) Manufacturing and Processing Uses. Parking lot turnover is low; loading by intensity is medium. Parking spaces are required as follows: (i) One space per five hundred (500) square feet of active use area within a building; and (ii) One space per one thousand (1000) square feet of storage area within a building; and (iii) One space per two thousand (2000) square feet of outdoor active use area; and (iv) One space per five thousand (5000) square feet of outdoor storage area. (5) Residential Uses. Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Active Recreation Facilities: Single-family dwellings (including mobilehomes) 2 per dwelling, except 1 per dwelling is required where the site is less than 4,000 s.f. in area N.A. N.A. Multifamily dwellings (including condominiums and other attached ownership dwellings) Residential Parking: Low N.A. 1 b.r. unit: 1.5 spaces City of Atascadero Ordinance No. 614 Page 46 of 87 2 b.r. unit: 2.0 spaces each additional bedroom: 0.5 space Guest Parking: 1 space per 5 units, or fraction thereof Group quarters (including boarding houses, rooming houses, dormitories, and organizational houses) 1 per bed, plus Low N.A. 1 per eight beds (6) Resource Extraction. No improved parking is required, provided that sufficient usable area is available to accommodate all employee and visitor vehicles entirely on the site. (7) Retail Trade Uses. Parking required for a retail use shall 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 and vehicle dealers 1 per 400 s.f. of showroom, 2 per service bay, 1 per 3,000 s.f. of outdoor use area Medium Medium Building materials and hardware, nurseries 1 per 500 s.f. of floor space, 1 per 3,000 s.f. of outdoor use area Medium Medium Eating and Drinking Places: Restaurants and bars (on-site consumption. With dancing facilities, are also to meet dance club parking requirements) City of Atascadero Ordinance No. 614 Page 47 of 87 Customer Spaces: 1 per patron table, High Medium 1 per 2 counter stools, plus Employee Spaces: 1 per 6 tables, 1 per 100 s.f. of kitchen Fast food (includes drive-ins. If patron tables provided, use must also meet restaurant customer space requirement) 1 per 25 s.f. of kitchen High Medium Food and beverage retail sales 1 per 200 s.f. of floor area, 1 per checkstand High Medium Furniture, home furnishings and equipment 1 per 500 s.f. of sales area, 1 per 1,000 s.f. of storage area Low Medium General merchandise stores 1 per 300 s.f. of sales area, 1 per 600 s.f. of storage area Medium Low Mail order and vending 1 per 1,000 s.f. of use area Low Low (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 City of Atascadero Ordinance No. 614 Page 48 of 87 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. 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 Medium Low City of Atascadero Ordinance No. 614 Page 49 of 87 floor area 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) Transient Lodgings. Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Hotels, motels 2 spaces, plus 1 per unit, plus 1 per 10 units High Low (10) Transportation Uses. Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Public utility terminals None, provided sufficient usable area is available to accommodate all employee and visitor Low Low City of Atascadero Ordinance No. 614 Page 50 of 87 vehicles entirely on- site Transit stations and terminals 1 per 20 s.f. of waiting area, 1 per 300 s.f. of office space; additional spaces as required for accessory uses (restaurants, etc.) High High Truck stops 1 per 1,000 s.f. of use area for first 5,000 s.f., 1 per 3,000 s.f. of use thereafter Medium High Vehicle and freight terminals 2 per loading bay, 1 per 300 s.f. of office space High High Vehicle storage None, provided sufficient usage area is available to accommodate all employee and visitor vehicles entirely on- site Low Low (11) Wholesale Trade. Warehousing: Commercial storage 1 per 2,000 s.f. of use area for first 10,000 s.f., 1 per 5,000 s.f. of use area thereafter Low High Ministorage 2 spaces for manager office Low Low Wholesaling and distribution 1 per 1,000 s.f. of use area for first 10,000 s.f. of use area, 1 per 3,000 s.f. of use thereafter Low High City of Atascadero Ordinance No. 614 Page 51 of 87 9-4.119 Parking lot construction standards. All parking areas containing three (3) or more off-street parking spaces are to be improved as follows, except as otherwise provided by this section. (a) Surfacing. All parking areas are to be surfaced with an asphalt, concrete, chip seal, or crushed rock surface, as specified in the following chart or as required by property development standards listed in this Code. Where concrete or asphalt is required, brick or other masonry paving units may be substituted, including turf block. Minimum Required Surface Parking Lot Turnover Location High Medium Low Inside urban services line Asphalt or concrete Asphalt or concrete Asphalt or concrete Outside urban services line Asphalt or concrete Asphalt or concrete Crushed rock or chip seal (b) Lining and Marking. Parking spaces in paved parking areas shall be marked with paint striping, a minimum of two (2) inches in width. Parking spaces in other types of lots may be identified by wheel stop barriers. (c) Wheel Stops. Wheel stops or continuous concrete or asphalt curbing are required in all parking lots to define the perimeter of the parking area and to protect landscaping from vehicle encroachment. In addition, wheel stops are required for each parking space in a high turnover parking lot. Wheel stops shall be provided as follows: (1) Materials and Installation. Wheel stops shall be constructed of concrete, continuous concrete curbing, asphalt, timber, or other durable material not less than six (6) inches in height, or an approved functional equivalent. Wheel stops are to be securely installed and maintained as a safeguard against damage to adjoining vehicles, machinery or abutting property. (2) Setback. Wheel stops or other vehicle barriers shall be located approximately three (3) feet from the front of the parking space. (3) Functional Equivalent. Wherever possible, functional equivalents in the form of raised sidewalks or curbs surrounding planters or similar may be used in lieu of wheel stops. (d) Vertical Clearance. Covered parking spaces are to have a vertical clearance of at least seven (7) feet six (6) inches above the parking lot surface for all uses, except residential. (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). (f) Landscaping. A minimum of ten percent (10%) of the interior of all parking lots shall be landscaped, in addition to any perimeter landscaping required by subsection (g) of this section. Shade trees are to be provided at approximately thirty- (30) foot intervals along parking rows. Landscape fingers shall be a minimum of six (6) feet wide shall be provided every eight (8) parking spaces. These landscaping requirements do not apply to parking lots that are underground or within buildings. (g) Screening. City of Atascadero Ordinance No. 614 Page 52 of 87 (1) From Residential Areas. Parking lots that abut a residential zone shall be separated from such property by a landscaping strip with a minimum width of five (5) feet and a six- (6) foot high solid fence or wall. (2) From Streets. Parking lots abutting a public street shall be separated from the street ri ght-of- way by a landscaping strip with a minimum width of ten (10) feet; and, where parking spaces are arranged to head toward the street, by a minimum three- (3) foot high solid fence decorative wall or landscape equivalent located on the parking lot side of the landscaping strip. 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: (1) The most distant parking space is not more than four hundred (400) feet from the use; and (2) The site of the parking lot is in the same ownership as the principal use, or is under a recorded lease or similar agreement, with the use that provides that the parking will exist as long as the use it serves, unless the parking is replaced with other spaces that satisfy the requirements of this title; and (3) The site of the parking is not located in a residential zone unless the principal use requiring the parking is allowable in a residential zone. Where any such principal use is subject to conditional use permit approval, the off-site parking shall be subject to conditional use permit approval. (b) Where off-site parking is a conditionally allowed use in a multiple family zoning district, the following criteria and minimum design standards shall be applied: (1) The site for the proposed off-site parking shall be adjacent to the commercial use; (2) The off-site parking shall be maintained for employee use only and shall be supplemental to the normally required parking provided on the commercial site; (3) The off-site parking shall not be used to increase the density of commercial development normally allowed; (4) All vehicular access to the off-site parking area shall be from the commercial site. No access to the off-site parking lot shall be taken from a residential street; (5) A minimum of one-half (½) of the site shall be developed for residential use. The residential use shall be so situated that the off-site parking lot is not visible form the street. A minimum of one-half (½) of the allowable residential density shall be provided. (6) The residential portion of the site shall be developed prior to use of the off-site parking facility; (7) Site specific design standards such as landscaping, lighting, and security shall be established through the conditional use permit process. 9-4.127 Landscaping plans. The purpose of a landscaping plan is to identify the placement and type of plant materials as features of project design. By detailing the plantings and method of irrigation proposed, a landscaping plan provides an effective means for evaluating whether chosen plant materials will: survive in the climate and soils of a given site; satisfy the functional objectives of landscaping (such as erosion control, screening City of Atascadero Ordinance No. 614 Page 53 of 87 and shade) within a reasonable time; and whether a proposed irrigation system will adequately support landscaping while conserving water. Landscaping plans shall be prepared, processed and used as follows: (a) Where Required. Landscaping plans are required for all approved precise plan and conditional use permit applications prior to issuance of a building permit, except for: (1) Residential projects of two (2) units or less; (2) Agricultural uses not involving buildings and agricultural accessory buildings. (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 (refer to Section 9-11.105 for tree removal standards); (2) Any shrubs or plants identified as rare, endangered or critical by the San Luis Obispo County Native Plant Society; (3) Proposed landscaping details, including the location, species, container size, and number of trees, shrubs and groundcover, and provisions for irrigation; (4) Details and location of proposed fencing, entries, trash collection areas and freestanding signs; (5) Walkways, plazas and sitting areas, play areas, including related street furniture and permanent outdoor equipment; (6) Outdoor light fixtures, including their location, height and wattage; (7) Irrigation system details, where an automatic irrigation system is proposed or required. Irrigation plan details shall include: (i) A plan and schedule of equipment, including gate valve, backflow preventer, control valves, piping, sprinkler heads, meter size and location, (ii) Water source, including type, size of service connection, flow in gallons per minute (GPM), static water pressure in pounds per square inch (PSI), and maximum pressure in PSI required to operate the irrigation circuit with the greatest pressure loss in the system. (c) Landscaping Plan Review and Approval. (1) Timing of Review. Landscaping plans shall be reviewed and approved prior to the issuance of a building permit which they accompany. (2) Method of Review. Planning Department review of landscaping and irrigation plans will be by a registered landscape architect or other person(s) designated by the Planning Director; provided, however, that when the landscaping plans are prepared by a landscape architect, licensed landscape contractor or nurseryman, the landscape plan review will be limited to an evaluation of landscaping impacts on adjoining properties and public ways, verification of plant material placement, the adequacy of irrigation proposals, and compliance with applicable provisions of this title. (3) Criteria for Approval. Landscaping and irrigation plans shall be approved when: City of Atascadero Ordinance No. 614 Page 54 of 87 (i) The proposed plant and materials will survive in the climate and soils of the site; (ii) The proposed plant materials and their planned locations will satisfy the landscaping requirements of Section 9-4.127 of this chapter (e.g., screening, shade, maintenance of permeable soil); (iii) The proposed means of irrigation will adequately support the landscaping materials proposed. 9-4.128 Fencing and screening. Standards for fencing and screening are established by this section to protect certain uses from intrusion, to protect the public from uses that may be hazardous, and to increase compatibility between different land uses by visual screening. Fencing is the enclosure of an area by the materials identified in subsection (c) of this section. Screening is the enclosure of an area by a visual barrier, which may include solid fencing or other materials, as specified in subsection (c) of this section. (a) Fencing and Screening—Where Required. Within the urban services line, the uses and areas listed in this subsection shall be fenced and/or screened, as indicated. Unless otherwise specified, fencing and screening are to be a minimum height of six (6) feet. Fencing and screening materials of a height greater than three (3) feet shall not be located within a required front setback or side setback adjacent to a street. (1) Mechanical Equipment. When located outside of a building, support equipment, including air conditioning and heating devices, but not including plumbing or exhaust vents, or chimneys, shall be screened to the height of the particular piece of equipment, as follows: (i) Roof-Mounted Equipment. To be screened by architectural features from the view of abutting streets. (ii) Equipment at Grade. When located on the ground adjacent to a building, mechanical equipment shall be screened by landscaping, a solid wall or fencing from the view of the street or surrounding properties. This subsection does not apply to single-family residential uses. (2) Outdoor Storage. To be screened on all sides by a wall or fencing. (3) Public Utility Substations. To be screened on all sides in a manner that will provide an effecti ve visual barrier as well as the necessary safety clearances required by order of the California Public Utilities Commission. (4) Side and Rear Lot Lines. The side and rear property lines of all nonresidential uses are to be screened as follows: (i) Adjacent to a Residential Use or Zone. A solid wall or fencing shall be located on side and rear property lines of any nonresidential or nonagricultural use abutting a residential use or zone. (5) Swimming Pools. Yard areas with private swimming pools are to be fenced to discourage unsupervised access and use by small children. Such fencing is to be constructed per building code requirements. (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. City of Atascadero Ordinance No. 614 Page 55 of 87 (2) Location Adjustment. Where property fencing or screening is required, the location may be adjusted by approval of an administrative use permit (refer to 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. (3) Planning Commission Modification. Any of the requirements of this section may be waived or modified through conditional use permit approval, provided the Planning Commission first finds that specifically identified characteristics of the site or site vicinity would make required fencing or screening unnecessary or ineffective. (c) Standards for Fencing and Screening Materials. All fencing and screening shall be allowed as follows: (1) Height. Fence and screen height shall be permitted as follows: (i) RS/RR/RSF-Z/RSF-Y (with one (1) acre net or larger) Zones. a. Fencing within a required front or corner yard setback may be up to five (5) feet in height, provided that the top two (2) feet remain a minimum of eighty percent (80%) visibility. The fence shall not impair safe sight distance for vehicular traffic nor result in any other potential adverse impact on human health and safety (refer to engineering standard: Minimum Sight Distance for Driveways and Intersecting Roads with Stop Control). b. Fencing associated with agriculture type activities including, but not limited to, “deer fencing” and other fencing that is a minimum of eighty percent (80%) visible may be up to seven (7) feet in height. Chain link fencing, wrought iron fencing, and any other decorative type of fencing is not considered “agriculture” type fencing for the purposes of this subsection. c. Fencing within a required side or rear setback may be a maximum of six (6) feet in height. (ii) RSF-Y (less than one (1) acre net) /RSF-X/LSF-Z/LSF-Y/LSF-X/RMF-10/RMF-20. a. Fencing within a required front or corner yard setback can be a maximum of four (4) feet in height. b. Fencing within a required side or rear yard setback shall be a maximum of six (6) feet in height. (iii) Gateposts and other superstructures over site entrances and exits may be up to twelve (12) feet in height. (iv) Height Measurement. Fencing and screening materials shall be measured from the finished grade of the uphill lot. (2) The Design Review Committee (DRC) may grant an exemption to the front setback fencing requirement to a maximum of six (6) feet in height if proposed fence would be consistent with the neighborhood character and does not impair site distance for vehicular traffic, as reviewed by the City Engineer. (3) Permit to Exceed Height. A minor conditional use permit approval is required where fencing is proposed to be greater than six (6) feet in height within or outside any required setback, with the exception of fencing described in subsection (c)(1)(i)(b). (4) Screening Materials Substitution. Where screening is required to be a solid wall or fence, the following materials may be substituted through adjustment (see Section 9-1.112 of this title), except where screening is required adjacent to a residential use or zone: (i) Landscape Screen. Screening plant materials may be substituted for a wall or fence, where: City of Atascadero Ordinance No. 614 Page 56 of 87 a. Proposed plant materials are certified in writing by a registered landscape architect as having the capability of achieving sixty percent (60%) of total view blockage within eighteen (18) months of planting, and one hundred percent (100%) of total view blockage within thirty-six (36) months of planting; and b. The applicant agrees in writing to install solid fencing after the expiration of thirty-six (36) months, in the event that the landscaping has not totally blocked the view of areas required to be screened. (ii) Berms. A landscaped berm may be substituted for a wall or fence, provided that the combination of berm and landscaping is no less than the required height of the fence or wall, and that the berm is constructed with a maximum slope of three to one (3:1), with side slopes designed and planted to prevent erosion, and with a rounded surface a minimum of two (2) feet in width at the highest poi nt of the berm, extending the length of the berm. The berm shall be planted with shrubs, lawn or groundcover. (iii) Chain-Link Fencing. Vinyl-coated, chain-link fencing with evergreen landscape screen planting may be substituted for a solid wall or fence in commercial and industrial zones, except where screening fencing is required adjacent to residential uses and zones. 9-6.105 Home occupations. An accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods or services is subject to the standards of this section. (a) Appearance, Visibility and Location. The standards of this section determine what physical changes may occur in a dwelling unit to accommodate a home occupation and where on a residential site a home occupation may be conducted. (1) Changes to the Dwelling. The home occupation is not to change the residential character of the outside appearance of the building, either: (i) By the use of colors, materials, lighting, signs or by the construction of accessory structures or garages visible from off-site and not of similar character as the residence; or (ii) By the emission of noise, glare, flashing lights, vibrations or odors not commonly experienced in residential areas. (2) Display of Products. The display of home occupation products for sale, in a manner visible from the public street or adjoining properties, is prohibited. (3) Outdoor Activities. On sites of less than one (1) acre, the use shall be conducted entirely within a principal or accessory structure except instructional activities that may be performed outdoors. Outdoor storage of materials related to the home occupation is allowed only on one (1) acre or larger (except as otherwise provided by Section 9-6.103), where such storage is to be screened from view of any street or adjacent property. (4) Use of Garage or Accessory Structure. The use of a garage or accessory structure is allowed subject to Section 9-6.106, except that the conduct of the home occupation shall not preclude the use of the garage for vehicle parking. (b) Area Devoted to a Home Occupation. The home occupation shall be incidental and subordinate to the principal use of the site as a residence. City of Atascadero Ordinance No. 614 Page 57 of 87 (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 (refer to 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: (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 (refer to 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: City of Atascadero Ordinance No. 614 Page 58 of 87 (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 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. (h) Parking and Traffic. Traffic generated by a home occupation is not to exceed the volume normally expected for a residence in a residential neighborhood. All parking needs of the home occupation are to be met off the street. For purposes of this section, normal residential traffic volume means up to ten (10) trips per day. This subsection does not apply to garage or handcraft sales pursuant to subsection (f)(1) of this section. 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. (b) Detached Accessory Structures. Any detached accessory structure intended for residential accessory uses and accessory storage. (1) Limits on Use. An accessory structure may be constructed or used solely for noncommercial hobbies or amusements; for maintenance of the principal structure or yards; for artistic endeavors such as painting, photography or sculpture; maintenance or mechanical work on vehicles owned or operated by the occupants; for an approved home occupation; or for other similar purposes. (2) Floor Area. The gross floor area of a detached accessory structure is not to exceed fifty percent (50%) of the gross floor area of the principal structure. (3) Residential accessory structures one hundred twenty (120) square feet or less are exempt from requiring a permit if the structure is incidental to the primary use and meets the following requirements: (i) The structure does not create a nuisance; (ii) The use of the structure is permitted under its zoning; (iii) The structure meets the property’s rear and side yard minimum setback requirement of three (3) feet if the structure is less than twelve (12) feet in height; (iv) If the structure is more than twelve (12) feet in height, standard setback shall be required regardless of exemption; (v) The accessory structure is located outside of the required front yard setback; (vi) A minimum six (6) feet of separation is required between accessory structures regardless of exemption, unless otherwise noted by the adopted Building Code. If the accessory structures have less City of Atascadero Ordinance No. 614 Page 59 of 87 than a six (6) foot setback, the aggregate area of the buildings shall be considered one (1) building and shall require a building permit. (4) Number of Structures. The number of non-exempt accessory structures requiring a building permit shall be limited to two (2) structures. (c) Mini-bike, motorcycle, dirt bike or similar two (2) or more wheel motor vehicle riding is allowed subject to the following limitations: (1) No more than two (2) such vehicles shall be operating at the same time. (2) Operation is limited to a maximum of two (2) hours in a day—Limit applies even if only one (1) such vehicle is being operated. (3) Operation is limited to a maximum of eight (8) hours in a week. (i) This limit applies even if only one (1) such vehicle is operated; (ii) A week shall be measured from Monday through Sunday. (4) Notwithstanding the above, no such use shall be allowed prior to noon on Sundays. (5) Any violations to the above-mentioned limitations are subject to cost recovery for responses to disturbances, as listed in Section 9-14.14. (d) Exceptions to Accessory Structure Standards. (1) Detached accessory structures that deviate from requirements are subject to the approval of a minor conditional use permit. (2) Any detached accessory structure in excess of the two (2) structures permitted or when multiple exempt accessory structures (less than one hundred twenty (120) square feet) are constructed on the premises that are no longer accessory uses to the primary unit as determined by the Community Development Director is subject to the approval of a minor conditional use permit. 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. City of Atascadero Ordinance No. 614 Page 60 of 87 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. (b) Outside Animal Enclosures. Any outside animal enclosures which are accessory to animal husbandry facilities shall have a one hundred (100) foot setback from adjacent property for any enclosures used for boarding of large animals and shall have a twenty-five (25) foot setback for any outside areas used for short-term treatment activity. Boarding of small animals in outside enclosures shall not be permitted. (c) Noise Control. As provided by Section 9-4.163. (d) Access. Shall be from a paved road. (e) Operation. The premises shall be continuously maintained in a clean and sanitary condition by daily removal of waste and by the use of spray and disinfectants to prevent the accumulation of flies, the spread of disease or offensive odor. Incineration is not permitted. 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. City of Atascadero Ordinance No. 614 Page 61 of 87 (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. (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. City of Atascadero Ordinance No. 614 Page 62 of 87 (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. (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) 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 City of Atascadero Ordinance No. 614 Page 63 of 87 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 (refer to 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 (refer to Section 9-2.110) if these criteria cannot be satisfied. The setback, maintenance and special requirements standards may not be modified by administrative use permit or conditional use permit. (1) Youth Projects. An adjustment not to exceed one additional animal equivalency unit per acre or an adjustment to reduce the minimum site area by no more than twenty-five (25) percent may be granted for a youth project sponsored by a recognized organization, subject to the following criteria: (i) The project is for a limited duration with a known termination date at which time the project animal will be removed from the site and the site brought into conformance with all applicable standards; and (ii) There is an adult project supervisor who has reviewed and approved, in writing, the project and who can take corrective action if necessary regarding the project; and (iii) All other standards of the section including setbacks, maintenance and special standards applicable to the project are and will be continuously satisfied; and (iv) The site otherwise conforms to the standards set forth in the section; and (v) All animals maintained on the site are owned by the residents of the premises; and (vi) The youth involved in the project has demonstrated in prior adjustments, if applicable, the responsibility to maintain the project in a satisfactory manner. (2) Small-scale Breeding. An adjustment not to exceed one animal equivalency unit for each of the first two (2) acres and two (2) animal equivalency units for each remaining acre may be granted for small- scale breeding for commercial purposes which does not exceed the special standards of subsection (d) of this section, subject to the following criteria: (i) The site is located outside the urban services line; and (ii) The site contains a minimum of three (3) acres; and (iii) Secure enclosures are provided for any stud animals; and (iv) Setbacks for any agricultural accessory buildings and animal enclosures are one hundred (100) feet from adjacent property lines; and (v) A business license and home occupation permit (Section 9-6.105) can be secured. (i) Other Animals. Domestic animals not specified in this section shall be reviewed by the Planning Director and shall be placed in the category which the animals most closely resemble. City of Atascadero Ordinance No. 614 Page 64 of 87 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. (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. (2) A Zone. At least fifty (50) percent of all products for sale 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. (3) Temporary Stands. A temporary roadside stand is a facility where retail sales are conducted for a period less than sixty (60) days. A temporary stand maintained for a period greater than sixty (60) days which is in a vacant or unused condition for a period exceeding fourteen (14) days is to be entirely removed from the site or shall be authorized as a permanent stand. It may be reestablished at any time pursuant to this section. Reestablishment of a temporary stand previously authorized does not require a new permit in an A Zone, provided that all structures and parking areas are exactly as originally approved, and a building permit is obtained if required by the building and construction ordinance (Title 8 of this code). (b) Location. A roadside stand in a residential zone is to be located on a collector or arterial, at least two hundred (200) feet from any residence other than that of the applicant. (c) Sales Area. To be limited to five hundred (500) square feet. (d) Setbacks. (1) Temporary Stand. None required, except when parking is proposed in front of a stand, setbacks are to be adequate to assure safe parking for at least three (3) vehicles in front of or nearby the stand, outside the public road right-of-way. (2) Permanent Stand. (i) Front Setback. Twenty-five (25) feet. (ii) Side and Rear Setbacks. Twenty-five (25) feet. (e) Parking. Temporary stands are to provide three (3) off-street spaces. Permanent stands are to provide five (5) spaces, located in off-street area accessed by a driveway a minimum of eighteen (18) feet wide. The parking area for a permanent stand is to be surfaced with crushed rock or better. 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. City of Atascadero Ordinance No. 614 Page 65 of 87 (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: (i) The side of a storage yard abuts a railroad right-of-way; or (ii) The surrounding terrain, existing vegetation intended to remain or other conditions would make fencing ineffective or unnecessary for the purpose of screening the storage yard from the view of public roads. (3) Parking Requirement. None, provided that sufficient usable area is available to accommodate all employee and user parking needs entirely on-site. (4) Site Surfacing. A storage yard shall be surfaced with concrete, asphalt paving, crushed rock, or oiled earth, and be maintained in a dust-free condition. (5) Office Facilities. When no buildings exist or are proposed on a storage yard site, one (1) commercial coach may be utilized for an office, provided that such vehicle is equipped with skirting, and installed pursuant to the permit requirements of Title 8 of this code (the Building and Construction Ordinance). (b) Operation. Except for vehicles or freestanding equipment, materials within a storage yard are not to be stacked or stored higher than six (6) feet, unless screening requirements have been waived or modified pursuant to subsection (a)(2)(ii) of this section, or unless a higher wall or fence is constructed at the required setback line under an approved building permit. 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. City of Atascadero Ordinance No. 614 Page 66 of 87 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. 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). City of Atascadero Ordinance No. 614 Page 67 of 87 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. 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. City of Atascadero Ordinance No. 614 Page 68 of 87 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). 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. City of Atascadero Ordinance No. 614 Page 69 of 87 (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. (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. City of Atascadero Ordinance No. 614 Page 70 of 87 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. 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 occupying 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. City of Atascadero Ordinance No. 614 Page 71 of 87 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. 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. City of Atascadero Ordinance No. 614 Page 72 of 87 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 (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). City of Atascadero Ordinance No. 614 Page 73 of 87 Lot, flag. A lot which lies substantially behind another lot and is served by an accessway or access easement (refer to Figure 9-F). 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.” City of Atascadero Ordinance No. 614 Page 74 of 87 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. City of Atascadero Ordinance No. 614 Page 75 of 87 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. City of Atascadero Ordinance No. 614 Page 76 of 87 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 (refer to Figure 9-G). FIGURE 9-G: SETBACKS AND BUILDABLE AREA City of Atascadero Ordinance No. 614 Page 77 of 87 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. City of Atascadero Ordinance No. 614 Page 78 of 87 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: S= (2.29 X 10 - 3) I L A City of Atascadero Ordinance No. 614 Page 79 of 87 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 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) In place distillation, retorting, or leaching. City of Atascadero Ordinance No. 614 Page 80 of 87 (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. 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. City of Atascadero Ordinance No. 614 Page 81 of 87 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 (refer to Figure 9-H). FIGURE 9-H: ZERO LOT LINE DEVELOPMENT Zoning approval. Same as entitlement. City of Atascadero Ordinance No. 614 Page 82 of 87 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) 1. A-Frame P P P P 2. Art & 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 City of Atascadero Ordinance No. 614 Page 83 of 87 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 Yes All Zoning Districts 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 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 Zoning Districts 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 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. City of Atascadero Ordinance No. 614 Page 84 of 87 Allowed Signage Types – Table 15.2 Sign Type Permit Required Zones Allowed Max. Sign Area1 Number of sign(s) permitted Max. Height2 Special Requirements (b) Limited to civic activities, advertising for local events. (c) 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 (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 except Residential 60 sf CN, CP, CR, CS, CT, CPK, IP, I 1 per 200 lineal foot 6 ft. (a) Minimum base height shall be one (1) foot. (b) Maximum base height shall be four (4 feet) (c) Base does not count towards sign face area. (d) Base shall have decorative hardscaping and shall be consistent with the architecture of the building(s) it serves. (e) Bases shall be located in a landscape planter. (f) Cabinet type signs shall be prohibited. (g) Monument signs in DO/DC require a building to be setback a min. of 10-feet from back of walk. (h) Bases shall be located in a landscape planter and setback three (3) feet from the back of sidewalk in the DO/DC zone. 50 sf L,LS,P,OS 40 sf DC, DO, AG 12. Multi-Tenant Freestanding Yes Non- Residential Zoning Districts 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 planter and setback five (5) feet from the back of sidewalk. (f) Cabinet monument type shall be prohibited. (g) A singular pole is prohibited. City of Atascadero Ordinance No. 614 Page 85 of 87 Allowed Signage Types – Table 15.2 Sign Type Permit Required Zones Allowed Max. Sign Area1 Number of sign(s) permitted Max. Height2 Special Requirements 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 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 and Non- Residential 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 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. (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 City of Atascadero Ordinance No. 614 Page 86 of 87 Allowed Signage Types – Table 15.2 Sign Type Permit Required Zones Allowed Max. Sign Area1 Number of sign(s) permitted Max. Height2 Special Requirements 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 signs in DO/DC require a building to be setback a minimum 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. 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. City of Atascadero Ordinance No. 614 Page 87 of 87 Allowed Signage Types – Table 15.2 Sign Type Permit Required Zones Allowed Max. Sign Area1 Number of sign(s) permitted Max. Height2 Special Requirements Based on building frontage for all other non- residential zones (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. 23. Window Lettering No All Zoning Districts except Ag & Residential Not to exceed 1/2 of window area in all other zones * * *Refer to 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.