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HomeMy WebLinkAboutPC_2019-03-19_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. CITY OF ATASCADERO PLANNING COMMISSION AGENDA REGULAR MEETING Tuesday, March 19, 2019 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Tom Zirk Vice Chairperson Mark Dariz Commissioner Duane Anderson Commissioner Ellen Béraud Commissioner Michael Shaw Commissioner Jeff van den Eikhof Commissioner Jan Wolff APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserve d for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. DRAFT MINUTES OF FEBRUARY 19, 2019  Recommendation: Commission approve the February 19, 2019 Minutes. COMMUNITY DEVELOPMENT STAFF REPORTS None. City of Atascadero Planning Commission Agenda Regular Meeting, March 19, 2019 Page 2 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testim ony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. 2. TENTATIVE PARCEL MAP FOR 8559 / 8565 SANTA ROSA ROAD (THIS ITEM WILL BE CONTINUED TO A FUTURE DATE) The proposed project is the subdivision of two (2) existing residential parcels. Three (3) lots would be created in the Residential Single-Family (RSF-Y) zoning district.  Ex-Parte Communications:  Recommendation: Approve the project with conditions. (SBDV18-0150) 3. CITYWIDE ZONING ORDINANCE AMENDMENTS The proposed project is for annual zoning text updates to the Atascadero Municipal Code to align the Zoning Code with the General Plan, fix inconsistencies, and provide for permit streamlining.  Ex-Parte Communications:  Recommendation: Approve the project with conditions. (ZCH19-0023) COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on April 2, 2019, at 6:00 p.m. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to, this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting, March 19, 2019 Page 3 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. PC Draft Minutes of 2/19/19 Page 1 of 4 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, February 19, 2019 – 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:02 p.m. Chairperson Seay called the meeting to order at 6:02 p.m. and Vice Chairperson Zirk led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Betz, Dariz, Donovan, Vice Chairperson Zirk, and Chairperson Seay Absent: Commissioner Wolff (excused absence) Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore Associate Planner, Katie Banister APPROVAL OF AGENDA MOTION: By Commissioner Anderson and seconded by Commissioner Betz to approve the Agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Seay closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF DRAFT MINUTES OF PLANNING COMMISSION MEETING ON JANUARY 15, 2019 ITEM NUMBER: 1 DATE: 3-19-19 1 PC Draft Minutes of 2/19/19 Page 2 of 4 MOTION: By Commissioner Anderson and seconded by Commissioner Dariz to approve the Consent Calendar. Motion passed 6:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None. PLANNING COMMISSION BUSINESS A. Administration of Oaths of Office Administration of Oath of Offices to new Planning Commissioners by the City Clerk’s Office. Roll Call: City Clerk Lara Christensen administered Oaths of Office to new Planning Commissioners Ellen Béraud, Jeff van den Eikhof, and Michael Shaw. PRESENTATION: B. Recognition of outgoing Planning Commission members Josh Donovan, Jerel Seay and Ryan Betz. Director Dunsmore thanked Commission members Donovan, Seay and Betz for their contributions to the Commission and the City. Vice Chairperson Zirk reconvened the meeting at 6:05 p.m. as the new Commissioners took their seats at the dais. Recording Secretary Manier performed roll call with new Commissioners seated. New Commissioners and returning Commissioners made brief introductions about their backgrounds. PLANNING COMMISSION REORGANIZATION: C. Election of Chairperson and Vice Chairperson The Commission will select a Chairperson and Vice Chairperson. Vice Chairperson Zirk accepted nominations for Chairperson. MOTION: By Commissioner Béraud and seconded by Commissioner Anderson to nominate Vice Chairperson Zirk as Chairperson. Vice Chairperson Zirk accepted the nomination. 2 PC Draft Minutes of 2/19/19 Page 3 of 4 Motion passed 6:0 by a roll-call vote. Chairperson Zirk accepted nominations for Vice Chairperson. MOTION: By Commissioner Anderson and seconded by Commissioner Shaw to nominate Commissioner Dariz as Vice Chairperson. Commissioner Dariz accepted the nomination. Motion passed 6:0 by a roll-call vote. Vice Chairperson Zirk was seated as Chairperson and Commissioner Dariz was seated as Vice Chairperson at the dais. PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. 1. TENTATIVE PARCEL MAP FOR 5425 PESCADO CT. The proposed project is the subdivision of a 3-acre lot in the Residential Single- Family (RSF-Z) zoning district.  Ex-Parte Communications:  Recommendation: Approve the project with conditions. (SBDV18-0109) EX PARTE COMMUNICATIONS None. Associate Planner Banister gave the staff report and answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke during public comment: Dale McCrudden. Mr. McCrudden read a letter into the record (Exhibit A) which had already been distributed to the Commission. A map was received from Dale and Lynn McCrudden (Exhibit B) and was distributed to the Commission. Chairperson Zirk closed the Public Comment period. Director Dunsmore explained that there were very few options with this parcel and its buildable area. Staff’s recommendation was that the environmental impacts should be mitigated as per the General Plan, CEQA, and Hillside Grading Guidelines. Staff answered questions from the Commission. 3 PC Draft Minutes of 2/19/19 Page 4 of 4 Chairperson Zirk re-opened the Public Comment Period PUBLIC COMMENT The following members of the public spoke during public comment: Dale McCrudden. Chairperson Zirk closed the Public Comment period. MOTION: By Commissioner Béraud and seconded by Vice Chairperson Dariz to adopt PC Resolution 2019-A certifying MND 2018-0014 and approving SBDV18-0109, Tentative Parcel Map AT 18-0086, to subdivide one residential parcel into two residential parcels, at 5425 Pescado Court, based on findings and subject to mitigation and Conditions of Approval. Motion passed 6:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None DIRECTOR’S REPORT Director Dunsmore announced that the next meeting scheduled for March 5, 2019, will be cancelled. Director Dunsmore gave an update on projects within the City, which includes amending the Specific Plan at Del Rio Road. ADJOURNMENT – 7:29 p.m. The next meeting of the Planning Commission scheduled for March 5, 2019, at 6:00 p.m. will be cancelled. The next Regular meeting of the Planning Commission is scheduled for March 19, 2019, at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant The following Exhibits are available in the Community Development Department: Exhibit A – Letter from Dale and Lynn McCrudden Exhibit B – Map from Dale and Lynn McCrudden Adopted 4 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero Atascadero Planning Commission Staff Report - Community Development Department Kelly Gleason, Senior Planner, 470-3446, kgleason@atascadero.org Title 9 Planning and Zoning Text Amendments ZCH19-0023 (City of Atascadero) SUBJECT: This action consists of proposed Zoning Ordinance Text Amendments to Title 9, Zoning Regulations of the City of Atascadero, to further align the code with the General Plan, correct inconsistencies and allow for process streamlining. RECOMMENDATION: Staff recommends that the Planning Commission adopt the Draft Resolution, recommending the City Council introduce an ordinance for first reading, by title only, to approve amendments to Title 9 of the Atascadero Municipal Code, based on findings. SITUATION AND FACTS: 1. Applicant: City of Atascadero, 6500 Palma Ave. Atascadero, CA 93422 2. General Plan Designation: Citywide 3. Zoning District: Citywide 4. Environmental Status: Exempt from CEQA (Section 15061(b)(3). No significant environmental impact. 5 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero DISCUSSION: Background: In August of 2016, the Planning Commission recommended the City Council adopt a substantial update to the zoning regulations, which included changes to land use definitions and “clean-up” of inconsistencies between the code and the General Plan. In September of 2016, the City Council approved these amendments. At that time, staff noted that an annual update of the zoning regulations may be essential to contin ue to keep the document responsive to the community while continuing to refine consistency with the General Plan. An annual update and refinement was completed in 2017; however, due to staffing and workload, the 2018 update is now being completed. This amendment aims to clarify a number of inconsistencies, gain closer alignment with General Plan policies and clarify land uses such as storage uses and fuel station uses within commercial zones. Analysis: The following discussion summarizes the proposed text updates/clarifications as illustrated in the following categories: 1. Clarification to add performance standards instead of use permit approval to Animal Density Standards for youth projects The Municipal Code currently allows for modification of the minimum lot size for farm animal raising associated with youth projects through approval of an Administrative Use Permit. This permit process currently costs almost $1,000 and requires a public hearing to be held. The City recognizes that this process is too onerous for many youth and their families to go through and deters compliance with the requirements. The City does understand that animal raising can have negative impacts on the surrounding neighbors and the proposed text change adds standardized requirements to ensure that these impacts are minimized and to ensure consistency and clarity for all participants. The standardized requirements are based on the findings that are already a part of the City’s code. The code is prop osed to be amended as shown in Exhibit A and includes standard conditions that would normally be required with a use permit when considering reductions to minimum lot size to maintain farm animals. The amendments do not allow adjustments to setbacks from oth er properties nor reduce the standards to maintain the site in an appropriate manner. 6 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero 2. Mobile Food Vending The current non-residential use chart restricts mobile food vending to private property only; however, the public safety code allows vendors to stop in the right -of-way for a period of fifteen minutes or less if hailed by a patron. With the growth of the food truck industry and trends toward using food trucks to supplement permanent businesses, staff is proposing code changes to provide greater flexibility for the use of food trucks consistent with the vehicle code and temporary event requirements. Food trucks that are more permanent in nature are not affected by the proposed code amendments and will remain governed by any applicable building code and commercial development requirements. 3. CPK Storage Uses / Commercial Retail - Vehicle Storage Use, Fueling Stations The 2016 and 2017 zone text amendments have focused on ensuring that uses for each zone remain consistent with the intent of the General Plan. The Commercial Park and Commercial Retail zoning districts are the City’s most visible properties and the most valuable in terms of commerce. These properties line El Camino Real and Highway 101 and give Atascadero its character. Zoning amendments are needed to ensure that the Commercial Park and Retail zones remain available for quality projects that support our local economy while reflecting our image and staying true to the General Plan. Currently, the Zoning Ordinance allows industrial and storage uses to occupy the areas along highway 101. However, the zoning also requires that any land use that includes 10,000 sf or more of outdoor storage automatically require a conditional use permit. This discrepancy commonly creates misunderstandings and results in land uses in locations not intended by the General Plan. Instead, uses such as construction yards, vehicle storage, contractor’s yards, and similar high intensity uses that involve little or no public visitation, low employee counts, and high amounts of outdoor storage should be subject to conditional approval and are more suitable in service commercial and industrial zones. The General Plan envisions the Commercial Park (CPK) zoning district for indoor land uses that involve office parks, tech companies, small scale manufacturing, and business park developments. The entirety of the zoning designation is located at the north end of the City (north of Del Rio) between El Camino Real and Highway 101. This district was not intended to be utilized for outdoor storage or contractor’s yards. The Commercial Retail zoning district dominates a majority of El Camino Real and is envisioned to accommodate shopping and customer based service uses that have a high degree of interaction with the public. There are a few uses listed in the current use table that do not support this goal. Instead, such uses are appropriate in the Commercial Service, Industrial, or other zones, preserving our valuable retail land for restaurants, retail, light services, and mixed-use projects. 7 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero In order to preserve the intent of the General Plan, the following uses are proposed to be modified:  Change building materials and hardware, contract construction services, farm equipment and supplies, and horticultural specialties, from an allowed use to a conditional use permit in the commercial zones. This will allow for use permit review for uses that have an outdoor storage component.  Add horticultural specialties as an allowed use in the Industrial and Industrial Park zone where large outdoor operations are appropriate.  Change service stations from an allowed to a conditionally allowed use in the CT zone. Service stations generally have traffic and aesthetic concerns that necessitate additional review to ensure neighborhood compatibility.  Remove vehicle and equipment storage, fuel dealer uses from the CR zone. These uses are appropriate in Commercial-Service and Industrial zones.  Change fuel dealer to a conditional use permit in the CPK zone to allow for additional review of outdoor storage spaces.  Change medical extended care services and assisted living developments to conditional use permits to allow for review of surrounding use compatibility. Also eliminate these uses from the Commercial Service and Commercial Neighborhood zoning districts for consistency with the General Plan. For all commercial zones, notes clarifying the requirement for conditional use permit approval if outdoor storage is equal to or greater than 1000 -square feet are proposed as follows:  Accessory Storage, general retail, fuel dealer, collection stations, building materials and hardware, vehicle and equipment storage, winery – production, printing & publishing, winery – boutique, wholesaling & distribution center. The City is also currently preparing a plan for the El Camino Corridor that will look at appropriate uses and zoning designations for a majority of the properties along El Camino Real. We anticipate that additional changes will be proposed in the future Citywide General Plan update based on the recommendations of this plan. This minor update is a first step in ensuring that uses listed for the retail district achieve the goals and vision described in the General Plan. 8 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero 4. Lot Posting Requirements for Subdivisions The Municipal Code currently requires sites proposed for subdivision to be posted once the map is deemed complete. An application is deemed complete once the City receives enough information to complete their analysis. This posting is an additional step in the process that is unnecessary and not required by the Subdivision map Act or other State law. The proposed text amendment eliminates this additional lot posting. Sites will continue to be posted prior to any public hearing per state and local requirements. 5. Neighborhood Notice Radii for Development Projects The California Environmental Quality Act and the Atascadero Municipal Code require noticing to all owners within 300-feet of a proposed project boundary. The Municipal Code increases the noticing radius to 1,000-feet for subdivisions within the RS zone due to the large lot sizes and need to extend notification beyond the adjoining parcels. It has been the City’s practice to notice all projects within the RS zone at the 1,000-foot radius, although it is only technically required for subdivisions. As this is City policy and not codified, the City cannot pass along the cost of the additional mailings to the applicants. This usually results in a minor additional cost associated with postage of the notices. The mailing and label generation fee generally stay the same as the cost is a flat fee within a given range of parcels required to be noticed. The proposed update would codify the City’s policy and require 1,000-foot noticing for all projects in the RS zone that require a public hearing allowing the City to recoup postage costs. 6. Minimum Lot Sizes in Commercial Zoning Districts The Municipal Code currently does not establish minimum lot sizes in the commercial zoning districts. This allows for flexible ownership configurations within larger integrate d commercial developments. However, the lack of a minimum lot size is problematic when commercial subdivisions are used for the purpose of separating a non -conforming use from a new development or when subdivisions are proposed without a comprehensive development plan. Resulting parcels can often be too small to accommodate reasonable uses as envisioned by the General Plan and as listed in the Zoning Ordinance. This perpetuates vacant, underutilized, or non -conforming lots to exist with no incentive or realistic plan to develop. The proliferation of small lots along our commercial corridor is one of several factors that have reduced the economic potenti al of our commercial corridor. Establishing logical minimum lot sizes for commercial districts will help the City preserve our Commercial Land for the uses that were envisioned by the General Plan. The proposed code text establishes a one-half (1/2) acre minimum lot size in the Commercial Neighborhood, Commercial Professional, and Commercial retail zoning districts. The commercial retail zone generally sees uses that are indoor focused and only have a need for parking outside of the building. A one -half acre minimum lot size 9 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero will allow maximum development flexibility while retaining appropriate land area for parking and other required site improvements. Staff is recommending a one (1) acre minimum lot size in the Commercial Service and Commercial Tourist zoning districts. This will ensure that uses such as auto repair and light manufacturing in the Commercial Service zone, and large scale hotels and restaurants in the Commercial Tourist zone will have enough site area to accommodate required ancillary improvements. A two (2) acre minimum lot size is proposed for the Industrial and Industrial Park zoning districts. Parcels in this zone are intended for larger scale uses that can have a sizable outdoor component. A two acre minimum will allow parcels to be marketable for their intended uses. Within each zoning district, exceptions to the minimum lot size are included for subdivisions that are part of a planned commercial or industrial center development. In additional, a finding must be made that smaller lot sizes will not be detrimental to the purpose of the zoning district. 7. Clarification of approval process for Condominium maps. Section 12 of Title 9 refers to tentative and final maps as required for processing of a condominium map. The intent was to include both Parcel or Tract maps as part of this process based on the number of parcels and units requested as part of the subdivision or any allowed mapping exemptions listed in the Subdivision Map Act; however, the Subdivision Map Act only uses the term “final map” in relation to a Tract Map, using the term Parcel Map to designate the map that records to finalize a tentative parcel map. With this inconsistency between the Subdivision map Act and City code, our condominium code section can be interpreted incorrectly. The proposed changes clarify that Parcel Maps are included in this process for condominium subdivisions as applicable. Proposed Environmental Determination The California Environmental Quality Act (CEQA) (Section 15061.(3), (b)) exempts activities which are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed text amendment will not have any significant adverse environmental impacts. CONCLUSION The proposed text amendments are consistent with the General Plan and are part of an annual effort to align the zoning regulations with City policy while ensuring the City has an accurate and legible code. Each year, a series of zoning amendments will be explored in order to keep the zoning ordinance a “living document” that can be responsive to economic development and the latest changes to state and local policies. 10 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero ALTERNATIVES 1. The Commission may recommend modifications of the text amendments to the City Council. 2. The Commission may determine that more information is needed on some proposed revisions and may refer the item back to staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny some or all of the proposed text amendments. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. ATTACHMENTS: Attachment 1: Proposed Zoning Regulation Amendments with Tracked Changes Attachment 2: Draft Resolution T:\- ZCH Zone Change\ZCH19-0023 Title 9 updates\2019 Title 9 updates.docx 11 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero ATTACHMENT 1: Proposed Zoning Regulation Amendments with Tracked Changes ZCH19-0023 1. Farm Animal Raising 9-6.112 Farm animal raising (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 (1) 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. Mobile Food Vending 9-3.330 Nonresidential district allowable land uses. Notes: (These notes apply only to Table 3-2). 6 Mobile food vending permitted if use is located outside of right-of-way and located on private property with owner’s permission and City review of parking and access on-site. Mobile food trucks used as part of an event may be permitted in the right-of-way with the issuance of an Event Permit. 9-6.174 Seasonal or temporary sales. Seasonal sales include the retail sale of seasonal products such as produce and Christmas trees. Temporary sales include retail trade activities of short duration which involve the sale of other products. Both types of sales occur outdoors or in locations not otherwise designated by this title as being appropriate for permanent retail trade facilities. Such activities are subject to the provisions of this section. (a) Licensing Requirement. Business license clearance is required for all seasonal or temporary sales, except sidewalk sales when conducted by merchants with previously approved annual business licenses; and 12 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero (b) Temporary Sales Generally. Temporary sales of items other than seasonal agricultural products are allowed only in conjunction with temporary events (Section 9-6.177), except: (1) The temporary sale of handcrafted items and artwork, produced by an authorized home occupation are allowable as set forth in Section 9-6.105. (2) Sidewalk or Temporary sales are allowed in commercial zones when: (i) Conducted by the merchants of shops abutting the sidewalk; and (ii) Authorized by an encroachment permit (if using the public sidewalk or are a mobile vendor in the right-of-way); and (iii) Such sales are conducted no more frequently than one (1) two (2) day period in every ninety (90) days. 3. CPK Storage Uses / Commercial Retail - Vehicle Storage Use 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. Table 3-2 – Nonresidential Use Table Allowed Land Uses and Permit Requirements Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special 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 and Supplies A CUP A CUP A CUP A A Farmers’ Market CUP CUP CUP CUP CUP A A Horticultural Specialties A CUP A CUP A CUP A CUP A CUP A A 9-6.116 Large Scale Ag CUP CUP A 9-6.103 13 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Manufacturing Residential Uses Age Restricted Housing CUP Caretaker’s Residence/Employee Unit CUP CUP CUP Live/Work Unit A1 Multifamily Dwelling CUP2 CUP2 CUP2 CUP2 A1 A1 Single-Family Dwelling A1 A1 Single-Room Occupancy Units CUP 9-6.184 Recreation, Education, and Public Assembly Amusement Services A A A A A A Churches and 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 and Playgrounds A A Public Assembly and Entertainment CUP CUP A CUP CUP 14 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Schools – Business and Vocational A A A A CUP CUP CUP CUP 9-6.125 Schools A A A CUP CUP 9-6.125 Social and Service Organizations A A A Sports Assembly CUP CUP A Temporary Events A/ CUP3 CUP A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 A A 9-6.177 Tourism, Lodging, and 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 and 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 A4 A4 A4 A4 A4 A4 A4 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 and Used) and Supplies CUP CUP CUP CUP CUP 9-6.163 15 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Building Materials and Hardware A CUP A CUP A4 A CUP A4 A4 9-6.165 Fuel Dealer A A4 A CUP A4 A4 9-6.129 General Retail A4 A4 A4 A4 A4 A4 A4 General Retail Greater than 50,000 sf CUP CUP CUP CUP CUP CUP CUP Mobile Eating and Drinking Vendors6 A A A A A A A A Retail Sales— Restricted A CUP CUP Sales Lots CUP CUP CUP CUP 9-6.139 Service Stations CUP CUP CUP A CUP 9-6.164 Temporary or Seasonal Sales A A A A A A A A A 9-6.174 Services—Business, Financial and Professional ATM A A A A A A A A A A Financial Services and Banks A A A A A A CUP A Government Offices and Facilities A A A A A A CUP9 A A A Health Care Services A A A CUP A CUP9 A Offices A A A A A A CUP9 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 16 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Business Support Services A A A A A A A A Contract Construction Services A A CUP A A Day Care Childcare Center A A A CUP 9-6.125 Large Family Day Care CUP8 CUP8 9-6.125 Small Family Day Care 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 CUIP A A Medical Extended Care Services: 6 Residents or Less A CUP A CUP 9-6.134 Medical Extended Care Services: 7 Residents or More A CUP A CUP 9-6.134 Mini-Storage CUP CUP A A Mortuary Services A A Personal Services A A A A A CUP A Personal Service Restricted A CUP CUP Printing and Publishing CUP CUP A4 A4 A4 RCFE – Assisted A A A 9-6.135 17 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Living CUP 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 and Equipment Storage4 CUP CUP A4 A4 9-6.183 Industrial, Wholesale, Manufacturing Uses Brewery – Production CUP CUP A A Collection Stations A4 A4 A4 A4 A4 A4 A4 A4 9-6.130 Laundries and Dry Cleaning Plants A A A A Medical Research CUP A A CUP A A Manufacturing and Processing - Low Intensity CUP CUP A A A A Manufacturing and Processing – High Intensity4 CUP CUP AUP AUP Recycling and Scrap CUP CUP 9-6.131 Recycling Centers CUP CUP 9-6.132 Research and Development CUP A A CUP A A A Storage, Recycling and Dismantling of Vehicles and Material CUP A A 9-6.131 18 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Warehousing CUP CUP A A Wholesaling and Distribution Center4 AUP AUP A4 A4 A4 A4 Winery – Boutique A4 A4 A4 A4 A4 A4 A4 Winery – Production CUP CUP A4 A4 Transportation Communication and 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 Telecommuni-cation 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 and Freight Terminals CUP CUP CUP Utility Infrastructure A A CUP A A A CUP CUP A A 4. Lot Posting Requirements for Subdivisions 11-4.06 Notice of planning commission hearing on tentative map. The Planning Commission shall hold a public hearing on the tentative map, and notice thereof shall be given as provided in Section 66451.3 of the Map Act, except those subdivisions proposed within an area zoned Residential Suburban (RS), where all owners of real property within a one thousand (1,000) foot radius of the subject property shall receive notice as provided herein. Any interested person may appear at such hearing and shall be heard. Each street frontage of property to be subdivided shall be clearly posted by the applicant with a “Notice of Intent to Subdivide” provided by the Community Development Department at the time that a complete application for subdivision is filed 5. Neighborhood Notice Radii for Development Projects 19 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero 9-1.110 Public hearings. When a public hearing before the Planning Commission or the City Council is required by this title, such hearing shall be conducted as follows: (a) Notice of Hearing. Notice of a public hearing shall include the time and place of the hearing, a general description of the request, the location of the site, and any additional information which the Planning Director deems appropriate. Such notice shall be given at least ten (10) days before the hearing by first class mail with postage prepaid to all persons whose names and addresses appear on the last equalized assessment rolil as owning property within three hundred (300) feet from the exterior boundaries of the parcel which is the subject of the hearing, except for projects in the RS zoning district which shall require that notices be sent to all such properties within a one thousand feet (1000) from the exterior boundaries of the project site. Such notice shall also be published at least once at least ten (10) days before the hearing in a newspaper of general circulation, published and circulated in the City, or if there is none, it shall be posted in at least three (3) public places in the City. 6. Minimum Lot Sizes in Commercial Zoning Districts 9-3.340 Property development standards. New subdivisions, land uses, structures, and alterations to existing land uses and structures shall be designed, constructed and established in compliance with the Sections 9-3.461 through 9-3.450 9-3.341 through 9-3.444, in addition to applicable standards (e.g., landscaping, parking, fencing, etc.) in Chapter 9-4, and Special Land Use Regulation in Chapter 9-6 of this title. (Ord. 602 § 2, 2016) 9-3.341 CN Zone. The following are property development standards for the CN in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Neighborhood Zone. The minimum lot size in the Commercial Neighborhood Zone shall be one half (1/2) acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Neighborhood Zone. (b) Multifamily Dwellings. Multifamily dwellings are permitted with a minor conditional use permit when located on the second floor or above. 9-3.342 CP Zone. The following are property development standards for the CP in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Professional Zone. The minimum lot size in the Commercial Professional Zone shall be one half (1/2) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Professional Zone. 9-3.343 CR Zone. 20 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero The following are property development standards for the CR in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Retail Zone. The minimum lot size in the Commercial Retail Zone shall be one half (1/2) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Retail Zone. (b) Parking. Parking areas designated to have vehicles facing El Camino Real or the freeway shall be screened with a landscaped berm a minimum of thirty (30) inches in height. (c) Setback. A minimum freeway setback of ten (10) feet shall be provided. Said setback area shall be landscaped. (d) Utilities. All new and existing utilities shall be installed underground. 9-3.344 CS Zone. The following are property development standards for the CS in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Service Zone. The minimum lot size in the Commercial Service Zone shall be one (1) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Service Zone. 9-3.345 CT Zone. The following are property development standards for the CT in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. There shall be no minimum lot size in the Commercial Tourist Zone. The minimum lot size in the Commercial Tourist Zone shall be one (1) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Tourist Zone. 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 21 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero Setbacks Minimum and maximum setbacks required. See Section 9-4.103 for setback requirement, allowed projections into setbacks, and exceptions to setbacks. Front None allowed, except for building insets designed to accommodate outdoor eating and seating areas, and except for East 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, residential uses, offices, government offices and facilities, and health care services, and for all development east of Atascadero Creek. As required by Section 9-4.114 et seq. Signs See Chapter 9-15 Density 20 dwelling units/acre maximum 20 dwelling units/acre maximum 9-3.348 IP Zone. The following are property development standards for the IP zoning district, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title. (a) Lot Size. There shall be no minimum lot size in the Industrial Park Zone. The minimum lot size in the Industrial Park Zone shall be two (2) acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Industrial Park Zone. 9-3.349 I Zone. The following are property development standards for the I zoning district, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title. 22 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero (a) Lot Size. There shall be no minimum lot size in the Industrial Zone. The minimum lot size in the Industrial Zone shall be two (2) acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Industrial Zone. 7. Clarification of approval process for Condominium maps. 9-12.104 Required approvals. No condominium project or condominium conversion shall be permitted unless a conditional use permit is approved pursuant to the provisions of this chapter and Section 9-2.110 of this Code. Condominium projects and condominium conversions shall also require a Tentative Map or Vesting Tentative Map tentative and final a Final Map or Parcel Map map pursuant to Title 11 of this Code, and shall be subject to all applicable provisions of the Subdivision Map Act, Title 11 of this Code, and all other applicable state and local laws and ordinances. Provisions for notice, hearing, and appeal shall be as specified in Title 9 and Title 11 of this Code for conditional use permits and tentative maps, respectively, except as modified by the provisions of this chapter. (Ord. 523 § 2, 2007) 23 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero ATTACHMENT 2: Draft Resolution ZCH19-0023 DRAFT RESOLUTION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL AMEND TITLE 9 OF THE ATASCADERO MUNICIPAL CODE TITLE 9 ZONING ORDINANCE CODE TEXT AMENDMENTS CITY OF ATASCADERO (ZCH19-0023) WHEREAS, an application has been received from the City of Atascadero (6500 Palma Ave., Atascadero, CA 93422), to consider Zone Change Text Amendments to Title 9; and WHEREAS, a Notice of Exemption was prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact these amendments to Title 9 Planning and Zoning of the Municipal Code for consistency with the General Plan and to maintain a clear and legible set of Zoning Regulations that is easily interpreted by the public and staff; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and Zoning Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and Zoning Text Amendments; and, WHEREAS, the Planning Commission of the Cit y of Atascadero, at a Public Hearing held on March 19, 2019, studied and considered ZCH19-0023; and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: 24 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero SECTION 1. Findings for Approval of a Zone Text Change. The Planning Commission finds as follows: 1. The Planning and Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The Text Change will not, in itself, result in significant environmental impacts. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 19, 2019, resolved to recommend that the City Council introduce for first reading by title only, an Ordinance that would amend the City Planning and Zoning Code Text with the following: EXHIBIT A: Categorical Exemption EXHIBIT B: Zone Text Change – Title 9 Zoning Ordinance BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner ____________, and seconded by Commissioner ______________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Tom Zirk Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 25 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero EXHIBIT A: CEQA Exemption ZCH19-0023 Title 9 Zoning Ordinance Text Amendments EXHIBIT B: Zone Text Change – Title 9 Zoning Ordinance 26 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero ZCH19-0023 9-6.112 Farm animal raising (h) Modification of Certain Standards. The minimum site area and allowable animal density standards set forth in this section may be adjusted 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 conditional use permit. (1) Youth Projects. An adjustment not to exceed one (1) 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. 9-3.330 Nonresidential district allowable land uses. Notes: (These notes apply only to Table 3-2). 6 Mobile food vending permitted on private property with owner’s permission and City review of parking and access on-site. Mobile food trucks used as part of an event may be permitted in the right-of-way with the issuance of an Event Permit. 9-6.174 Seasonal or temporary sales. Seasonal sales include the retail sale of seasonal products such as produce and Christmas trees. Temporary sales include retail trade activities of short duration which involve the sale of other products. Both types of sales occur outdoors or in locations not otherwise designated by this title as being appropriate for permanent retail trade facilities. Such activities are subject to the provisions of this section. (a) Licensing Requirement. Business license clearance is required for all seasonal or temporary sales, except sidewalk sales when conducted by merchants with previously approved annual business licenses; and (b) Temporary Sales Generally. Temporary sales of items other than seasonal agricultural products are allowed only in conjunction with temporary events (Section 9-6.177), except: (1) The temporary sale of handcrafted items and artwork, produced by an authorized home occupation are allowable as set forth in Section 9-6.105. 27 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero (2) Sidewalk or Temporary sales are allowed in commercial zones when: (i) Conducted by the merchants of shops abutting the sidewalk; and (ii) Authorized by an encroachment permit (if using the public sidewalk or are a mobile vendor in the right-of-way); and (iii) Such sales are conducted no more frequently than one (1) two (2) day period in every ninety (90) days. 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. Table 3-2 – Nonresidential Use Table Allowed Land Uses and Permit Requirements Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special 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 and Supplies CUP CUP CUP A A Farmers’ Market CUP CUP CUP CUP CUP A A Horticultural Specialties CUP CUP CUP CUP CUP A A 9-6.116 Large Scale Ag Manufacturing CUP CUP A 9-6.103 Residential Uses Age Restricted Housing CUP Caretaker’s Residence/Employee CUP CUP CUP 28 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Unit Live/Work Unit A1 Multifamily Dwelling CUP2 CUP2 CUP2 CUP2 A1 A1 Single-Family Dwelling A1 A1 Single-Room Occupancy Units CUP 9-6.184 Recreation, Education, and Public Assembly Amusement Services A A A A A A Churches and 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 and Playgrounds A A Public Assembly and Entertainment CUP CUP A CUP CUP Schools – Business and Vocational A A A A CUP CUP CUP CUP 9-6.125 Schools A A A CUP CUP 9-6.125 Social and Service Organizations A A A Sports Assembly CUP CUP A 29 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Temporary Events A/ CUP3 CUP A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 A A 9-6.177 Tourism, Lodging, and 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 and 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 A4 A4 A4 A4 A4 A4 A4 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 and Used) and Supplies CUP CUP CUP CUP CUP 9-6.163 Building Materials and Hardware CUP CUP A4 CUP A4 A4 9-6.165 Fuel Dealer A4 CUP A4 A4 9-6.129 General Retail A4 A4 A4 A4 A4 A4 A4 General Retail Greater than 50,000 CUP CUP CUP CUP CUP CUP CUP 30 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I sf Mobile Eating and Drinking Vendors6 A A A A A A A A Retail Sales— Restricted A CUP CUP Sales Lots CUP CUP CUP CUP 9-6.139 Service Stations CUP CUP CUP CUP 9-6.164 Temporary or Seasonal Sales A A A A A A A A A 9-6.174 Services—Business, Financial and Professional ATM A A A A A A A A A A Financial Services and Banks A A A A A A CUP A Government Offices and Facilities A A A A A A CUP9 A A A Health Care Services A A A CUP A CUP9 A Offices A A A A A A CUP9 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 CUP A A Day Care Childcare Center A A A CUP 9-6.125 31 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Large Family Day Care CUP8 CUP8 9-6.125 Small Family Day Care 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 CUP CUP 9-6.134 Medical Extended Care Services: 7 Residents or More A CUP 9-6.134 Mini-Storage CUP CUP A A Mortuary Services A A Personal Services A A A A A CUP A Personal Service Restricted A CUP CUP Printing and Publishing CUP CUP A4 A4 A4 RCFE – Assisted Living CUP 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 32 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Vehicle and Equipment Storage4 CUP A4 A4 9-6.183 Industrial, Wholesale, Manufacturing Uses Brewery – Production CUP CUP A A Collection Stations A4 A4 A4 A4 A4 A4 A4 A4 9-6.130 Laundries and Dry Cleaning Plants A A A A Medical Research CUP A A CUP A A Manufacturing and Processing - Low Intensity CUP CUP A A A A Manufacturing and Processing – High Intensity4 CUP CUP AUP AUP Recycling and Scrap CUP CUP 9-6.131 Recycling Centers CUP CUP 9-6.132 Research and Development CUP A A CUP A A A Storage, Recycling and Dismantling of Vehicles and Material CUP A A 9-6.131 Warehousing CUP CUP A A Wholesaling and Distribution Center4 AUP AUP A4 A4 A4 A4 Winery – Boutique A4 A4 A4 A4 A4 A4 A4 Winery – Production CUP CUP A4 A4 Transportation Communication and Infrastructure Broadcast Studios A A 33 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required  Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Data and Computer Services Center AUP AUP CUP A A Parking Lots AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP Telecommunication 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 and Freight Terminals CUP CUP CUP Utility Infrastructure A A CUP A A A CUP CUP A A 11-4.06 Notice of planning commission hearing on tentative map. The Planning Commission shall hold a public hearing on the tentative map, and notice thereof shall be given as provided in Section 66451.3 of the Map Act, except those subdivisions proposed within an area zoned Residential Suburban (RS), where all owners of real property within a one thousand (1,000) foot radius of the subject property shall receive notice as provided herein. Any interested person may appear at such hearing and shall be heard. 9-1.110 Public hearings. When a public hearing before the Planning Commission or the City Council is required by this title, such hearing shall be conducted as follows: (a) Notice of Hearing. Notice of a public hearing shall include the time and place of the hearing, a general description of the request, the location of the site, and any additional information which the Planning Director deems appropriate. Such notice shall be given at least ten (10) days before the hearing by first class mail with postage prepaid to all persons whose names and addresses appear on the last equalized assessment roll as owning property within three hundred (300) feet from the exterior boundaries of the parcel which is the subject of the hearing, except for projects in the RS zoning district which shall require that notices be sent to all such properties within a one thousand feet (1000) from the exterior boundaries of the project site. Such notice shall also be published at least once at least ten (10) days before the hearing in a newspaper of general circulation, published and circulated in the City, or if there is none, it shall be posted in at least three (3) public places in the City. 34 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero 9-3.340 Property development standards. New subdivisions, land uses, structures, and alterations to existing land uses and structures shall be designed, constructed and established in compliance with the Sections 9-3.341 through 9-3.444, in addition to applicable standards (e.g., landscaping, parking, fencing, etc.) in Chapter 9-4, and Special Land Use Regulation in Chapter 9-6 of this title. (Ord. 602 § 2, 2016) 9-3.341 CN Zone. The following are property development standards for the CN in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. The minimum lot size in the Commercial Neighborhood Zone shall be one half (1/2) acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Neighborhood Zone. (b) Multifamily Dwellings. Multifamily dwellings are permitted with a minor conditional use permit when located on the second floor or above. 9-3.342 CP Zone. The following are property development standards for the CP in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. The minimum lot size in the Commercial Professional Zone shall be one half (1/2) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Professional Zone. 9-3.343 CR Zone. The following are property development standards for the CR in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. The minimum lot size in the Commercial Retail Zone shall be one half (1/2) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Retail Zone. (b) Parking. Parking areas designated to have vehicles facing El Camino Real or the freeway shall be screened with a landscaped berm a minimum of thirty (30) inches in height. (c) Setback. A minimum freeway setback of ten (10) feet shall be provided. Said setback area shall be landscaped. (d) Utilities. All new and existing utilities shall be installed underground. 9-3.344 CS Zone. The following are property development standards for the CS in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: 35 ITEM 3 | 3/19/19 Zoning Text Amendments ZCH19-0023 / City of Atascadero (a) Lot Size. The minimum lot size in the Commercial Service Zone shall be one (1) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Service Zone. 9-3.345 CT Zone. The following are property development standards for the CT in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title: (a) Lot Size. The minimum lot size in the Commercial Tourist Zone shall be one (1) acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Tourist Zone. 9-3.348 IP Zone. The following are property development standards for the IP zoning district, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title. (a) Lot Size. The minimum lot size in the Industrial Park Zone shall be two (2) acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Industrial Park Zone. 9-3.349 I Zone. The following are property development standards for the I zoning district, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title. (a) Lot Size. The minimum lot size in the Industrial Zone shall be two (2) acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Industrial Zone. 9-12.104 Required approvals. No condominium project or condominium conversion shall be permitted unless a conditional use permit is approved pursuant to the provisions of this chapter and Section 9-2.110 of this Code. Condominium projects and condominium conversions shall also require a Tentative Map or Vesting Tentative Map and a Final Map or Parcel Map pursuant to Title 11 of this Code, and shall be subject to all applicable provisions of the Subdivision Map Act, Title 11 of this Code, and all other applicable state and local laws and ordinances. Provisions for notice, hearing, and appeal shall be as specified in Title 9 and Title 11 of this Code for conditional use permits and tentative maps, respectively, except as modified by the provisions of this chapter. 36