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Home My WebLink AboutPC Resolution 2019-0004err e-� MAR, I y 2019 CITY OF ATASCADERO PLANNING PC RESOLUTION 2019-0004 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 City 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: SECTION 1. Finding_,s 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 Anderson, and seconded by Commissioner Wolff, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Beraud, Shaw, van den Eikhof, Wolff, Zirk (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Vice Chairperson Dariz (1) ADOPTED: March 19, 2019 CITY [ 4TASCA CA Tom Zirk Planning Commission Chairperson Attest: �--� Phil Dunsmore Planning Commission Secretary EXHIBIT A: CEQA Exemption ZCH 19-0023 Title 9 Zoning Ordinance Text Amendments EXHIBIT B: Zone Text Change - Title 9 Zoning Ordinance C= OF ATAS DERO NOTICE OF EXEMPTION Atasialasra,cl 9342-2 805.451.:v9 o TO: Fd, FROM. Katie Banister Assistant Planner Citi: of Atascadero 660 Palma Avenue Atascadero. CA93422 MJECT: Filing ofNoticeofDetenninationinCompliance vkithSection 1If2ofthePublicResources Code. Project Title: ZCH19-0023 FroiectApplicant; City of ktascackro Proj ect LocatiorL6:QDPahmA-%,e,Ataseadero, CA9342-2, SarnLuis Obispo Courr RojectDescpjti10 Zoning Ordinance -Text Updates including revisions to the land use definitions. development standards, andeliminatinginconsiftencies found in Title 9 oftheAtascadero'4iuricip21 Code. The applicationdoesnotirLelude tlse comtructicnofarn! prof ect_ `dame ofPublicAeencvmoi sash• --'Project Cit; ofAtascadero Name ofPerson cr6genS Canains�?�atPn3j ect Cit.; ofAAascadero Enenapn'Statu=: 0 -'ani d(Sx.0 Emesymcy Presje:t .1.5Y- Co) acz(z)) ❑ 0 Cps-.alRule � 0 rat mcaII±aE=Wt4sac.15X3) Reasons izl,,projectisexerrpt The Cmideline=-aIF the CaliforriaEmironrnenaiQialityAct XE -QA (Section 151361.(3),(1 j) exempts activities that are cowredbl; the general rule that CEQAapplies only topro}ects,;xhich have thepote tial for causing a significant effect on the en,&onment.The proposed text arnendmenty;-Z not have any significant adverse em,ironmen tal impacts a sso sated with this prof a ct application ContactPerson: Kel1y Ole ason(S0 )4 i0-344, 6 Date: March 11, 2019 Felly Gleason Senior Plarmer 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. (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 A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required Nonresidential AUP Administrative Use Permit Required Zones ❑ Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS I CT CPK DC DO 1P I Agricultural Resources Agricultural Produce A A A A 9-6.117 Stands Farm Equipment and CUP CUP CUP A A Supplies Farmers' Market CUP CUP CUP CUP CUP A A Horticultural CUP CUP CUP CUP CUP A A 9-6.116 Specialties Large Scale Ag CUP CUP A 9-6.103 Manufacturing Residential Uses Age Restricted CUP Housing Caretaker's CUP CUP CUP Residence/Employee Unit A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required Nonresidential AUP Administrative Use Permit Required Zones ❑ Not Permitted Permitted Uses By Zones Special CN CP CR CS CT CPK DC DO IP I Regulation(s) Live/Work Unit Al Multifamily CUP2 CUPz CUPZ CUPZ A' A' Dwelling Single -Family A' A' Dwelling Single -Room CUP 9-6.184 Occupancy Units Recreation, Education, and Public Assembly Amusement A A A A A A Services Churches and CUP CUP 9-6.121 Related Activities Indoor Recreation CUP CUP CUP A A CUP CUP CUP Services Libraries, Museums A A A A A A Membership A A CUP CUP Organizations Outdoor Recreation CUP CUP A 9-6.123 Services Parks and A A Playgrounds Public Assembly CUP CUP A CUP CUP and Entertainment Schools — Business A A A A CUP CUP CUP CUP 9-6.125 and Vocational Schools A A A CUP CUP 9-6.125 Social and Service A A A Organizations Sports Assembly CUP CUP A Temporary Events A/ CUP A/ A/ A/ A/ A/ A/ A A 9-6.177 CUP, CUP, CUP, CUP, CUP, CUP, CUP, A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required Nonresidential AUP Administrative Use Permit Required Zones ❑ Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP I CR CS CT CPK DC I DO IP I Tourism, Lodging, and Dining Bar/Tavern CUP CUP CUP A Bed and Breakfast CUP CUP CUP CUP Drive -Through Sales CUP CUP CUP CUP CUP CUP 9-4.122 or Services Eating and Drinking A A A A A A A A A A Places Hotels, Motels CUP A A A CUP Microbrewery — A CUP A A A A A A A A Brewpub Recreational Vehicle A 9-6.180 Parks 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 A A A A 9-16 Business Artisan Foods and A A A AS A A Products Auto Dealers (New CUP CUP CUP CUP CUP 9-6.163 and Used) and Supplies Building Materials CUP CUP A4 CUP A4 A4 9-6.165 and Hardware Fuel Dealer A4 CUP A4 A4 9-6.129 General Retail A4 A4 A4 A4 A4 A4 A4 General Retail CUP CUP CUP CUP CUP CUP CUP Greater than 50,000 sf Mobile Eating and A A A A A A A A Drinking Vendors 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 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 CUPS A A A Health Care Services A A A CUP A CUPS A Offices A A A A A A CUPS A Temporary Offices A A A 9-6.176 General Services Animal Hospitals CUP' 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 Large Family Day Care CUP$ CUP$ 9-6.125 Small Family Day Care A8 As A8 A8 A8 A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required Nonresidential AUP Administrative Use Permit Required Zones ❑ Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Adult Day Care A A A CUP Facility Kennels CUP A 9-6.111 Laundromat/Coin- A A A A A CUP A A Operated Laundry Medical Extended CUP 9-6.134 Care Services: 6 Residents or Less Medical Extended CUP 9-6.134 Care Services: 7 Residents or More Mini -Storage CUP CUP A A Mortuary Services A A Personal Services A A A A A CUP A Personal Service A CUP CUP Restricted Printing and CUP CUP A4 A4 A4 Publishing RCFE — Assisted CUP 9-6.135 Living RCFE — Independent CUP CUP CUP 9-6.135 Living/Senior Apartments RCFE — Retirement CUP CUP CUP 9-6.135 Hotel Residential Care: 6 A' A' 9-6.135 Residents or Less Vehicle and CUP A4 A4 9-6.183 Equipment Storage4 Industrial, Wholesale, Manufacturing Uses Brewery — CUP CUP A A Production A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required Nonresidential AUP Administrative Use Permit Required Zones ❑ Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Collection Stations A4 A4 A4 A4 A4 A4 A4 A4 9-6.130 Laundries and Dry A A A A Cleaning Plants Medical Research CUP A A CUP A A Manufacturing and CUP CUP A A A A Processing - Low Intensity Manufacturing and CUP CUP AUP AUP Processing — High Intensity4 Recycling and Scrap CUP CUP 9-6.131 Recycling Centers CUP CUP 9-6.132 Research and CUP A A CUP A A A Development Storage, Recycling CUP A A 9-6.131 and Dismantling of Vehicles and Material Warehousing CUP CUP A A Wholesaling and AUP AUP A4 A4 A4 A4 Distribution Center 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 AUP AUP CUP A A Services Center Parking Lots AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP Telecommunication CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP Facility I Transit Stations CUP i CUP A CUP CUP I CUP CUP CUP 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. 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. A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required Nonresidential AUP Administrative Use Permit Required Zones ❑ Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT I CPK DC DO IP I Utility Facilities CUP CUP CUP CUP CUP CUP CUP CUP Vehicle and Freight CUP CUP CUP Terminals Utility Infrastructure A A CUP A A A 1 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. 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: (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. \\cityhall\cdvlpmnt\- zch zone change\2019\zchl9-0023 title 9 updates\4.0 resolutions\pc resolution.docx