HomeMy WebLinkAboutPC Resolution 2019-0034NOV 2019
CITY OF ATASCADERO
PC RESOLUTION 2019-0034 PLANNING
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL
AMEND TITLE 9 OF THE ATASCADERO MUNICIPAL CODE
CHAPTERS 2, 3, 4, AND 6
CITY OF ATASCADERO
(CPP19-0080)
WHEREAS, an application has been received from the City of Atascadero (6500 Palma
Ave., Atascadero, CA 93422), to consider Code Text Amendments; 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 Title 4, 8, 9,
and 11 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
Zoning Text Amendments.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Atascadero make the following findings, determinations and recommendations with respect to the
proposed Zoning Code Text Amendment and Official Zoning Map Amendment:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, at a Public
Hearing held on November 19, 2019 considered the proposed zoning text amendments.
SECTION 3. Findings. The Planning Commission makes the following findings, determinations
and approvals with respect to the Municipal Code Text Amendments:
1. The Title 9 text amendments are consistent with General Plan policies and all
other applicable ordinances and policies of the City.
FACT: The proposed Title 9 text amendments align the code requirements with
the vision, intent, and policies of the adopted General Plan.
2. These Amendments of the Zoning Ordinance will provide for the orderly and
efficient use of lands where such development standards are applicable.
FACT: The proposed Title 9 text amendment provides for orderly development
within accordance with the adopted General Plan for the compatible use of the
property based on neighborhood characteristics.
The Title 9 text amendment will not in itself result in significant environmental
impacts.
FACT: The proposed text changes are minor and do not trigger any environmental
impacts.
SECTION 4. Title 9 of the City of Atascadero Municipal Code is hereby amended by new
Title 9 language as follows.
AMC 9-4.110
9-4.110 Projections into required setbacks.
Uncovered Decks. When constructed with a height more than thirty (30) inches above the
surrounding finish grade, a wood deck may extend into required setbacks as follows (decks less
than thirty (30) inches high are exempt from these requirements).—See Section 9-4.104(,::t)):
(1) Front Setback. A deck is not to be located therein.
(2) Side Setback. As determined by the Uniform Building Code.
(3) Rear Setback. A deck may occupy up to thirty percent (30%) of a required rear
setback, but is to extend no closer than three (3) feet to the rear property line.
(b) Fire Escapes. A ladder or stairs designed to be used exclusively as an upper floor
fire escape may project into a required setback only as provided by the Uniform Building Code.
(c) Roof and Wall Features. Cantilevered and projecting architectural features
including chimneys, bay windows, balconies, cornices, eaves, rain gutter, signs (where allowed),
display windows, and solar collectors may project into a required setback only as allowed by the
Uniform Building Code.
(d) Porches.
(1) Front Porch. A covered front porch may project up to six (6) feet into a required front
setback, provided that the floor level of the porch is to be no higher than the ground level of the
building. An unenclosed front porch is not limited on its projection, provided it is one hundred
(100) square feet or less in area.
(2) Side Porch. A porch and/or outside stairway may be located in a required side setback
provided the porch is not roofed or enclosed below the steps and does not extend into the side
setback more than allowed by the Uniform Building Code.
(3) Rear Porch. A porch in the required rear setback is subject to the same limitations as a
deck, pursuant to subsection (a)(3) of this section.
(e) Flag Lots. Six (6) foot fences shall be allowed within the front yard setback area,
but in no case shall a six (6) foot fence be allowed within an area connecting the required front
yard setback areas for any adjoining lots. Trash enclosures may encroach into the front yard
setback area but shall maintain a five (5) foot setback from adjoining property lines and shall not
be located within the access strip.
AMC 9-9.102 General Definitions
Driveway. A road providing access to a site or land use from a street. A driveway serves no
more than feuf (4) five (5) separately owned parcels (see also "Road, private").
Road, private. A road providing vehicular access to {4}five 5) or more lots of record that
is not in the City -maintained road system.
AMC 9-2.107
9-2.107 Design Review Committee.
(a) Purpose. The Design Review Committee is established to implement the goals and
policies of the General Plan. The intent is to ensure that the physical design of new development
meets the following objectives:
(1) Maintaining the rural character and identity of Atascadero;
(2) Enhancing the appearance and character of the City, by reviewing the architecture and
site plans for commercial, office, industrial, single-family residential subject to CEQA and
multifamily residential projects;
(3) Ensuring that development is compatible with surrounding uses and improvements by
requiring building designs that provide appropriate visual appearance and site plans to mitigate
neighborhood impacts.
(b) Design Review Committee—Composition. The City Council shall appoint the Design
Review Committee. The Design Review Committee shall consist of the following:
(1) Two (2) members of the City Council;
(2) Two (2) members of the Planning Commission;
(3) One (1) at large member resident of the City. This at large member shall be a resident
of the City. The Council shall choose an at large member that best fits the intent of the Design
Review Committee.
(c) Terms of Service. The Design Review Committee members from the City Council and
Planning Commission shall serve a two (2) year term. This service term shall commence at the
date of appointment. The at large member resident shall have a service term of two (2) years.
This term shall begin at the date of appointment by the City Council.
(d) Authority. The Design Review Committee has the authority to approve and make
recommendation in regards to the architectural appearance, signage, site plan and landscape plan
of the following projects:
(1) All multifamily residential projects;
(2) All nonresidential projects, including commercial, office, mixed-use, and industrial
developments;
(3) All public facility projects and buildings;
(4) Development in an open space zoning district;
(5) Any residential single-family residential development requesting a planned
development permit;
(6) Development projects requiring a preeiseplan conditional use permit, zone change or
general plan amendment.
(e) Meeting. The Design Review Committee shall convene once a week, as needed. This
meeting shall consist of the Committee, the Community Development Director, pertinent City
staff members and the applicant.
(f) Appearance Review Approval. The Design Review Committee shall take into
consideration the following criteria in either approving the design of a project or making
recommendations for projects that require Planning Commission approval. The Design Review
Committee may require or recommend additional conditions of approval. The following is a list
of criteria that the Design Review Committee shall take into consideration:
(1) The goals and policies established by the General Plan;
(2) Guidelines and standards for development set forth by the Appearance Review
Manual;
(3) The proposed development plan is compatible with, and is not detrimental to,
surrounding land uses and improvements provide appropriate visual appearance.
(g) Determination.
(1) The Community Development Director shall provide the applicant with
correspondence regarding the outcome of the meeting, including any additional conditions of
approvals that is required or recommended by the Committee.
(h) Compliance. All requirements imposed by the Design Review Committee shall be
incorporated into a building permit and completed prior to permit final. Failure to comply with
the requirements of the Design Review Committee constitutes a violation of this code.
(i) Appeals. Appeals of decisions from the Design Review Committee shall be made to
the Planning Commission and filed within fourteen days (14) fifteen (15) days of
the Design Review Committee's decision. Any additional appeals shall be consistent with
Section 9-1.111 of this chapter. If the Design Review Committee cannot reach a decision on
a design review issue, the Committee may refer this issue to the Planning Commission. (Ord. 552
§ 2, 2010)
AMC 9-12.105
9-12.105 Special application requirements for condominium projects and condominium
conversions.
A conditional use permit application for a condominium project shall be completed and
submitted along with a eempleted an environmental assessment form completed to the
satisfaction of the Community Development Director and all other information as described on
the checklist attached to the application.
An application for a tentative map or tentative parcel map shall be submitted concurrently
with the conditional use permit application. The tentative map or tentative parcel map shall be
accompanied by all information described in the checklist attached to the application.
Where the information requirements for a conditional use permit and tentative map conflict,
the requirements for the greatest amount of information shall apply. (Ord. 523 § 2, 2007)
AMC 9-3.341 through 9-3.347
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. (Ord. 620 § 4, 2019; Ord. 602 § 2, 2016)
(c) Fire backflow devices: Fire backflow devices are required to be integrated into the site or
building design, and are prohibited in any public right-of-way, and must be accessible to Fire
Department and Water Company personnel at all times.
(d) Fire Department connections shall be installed in accordance with the NFPA standard
applicable to the system design and shall comply with Sections 912.2 through 912.7 of the
California Fire Code.
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. (Ord. 620
§ 4, 2019; Ord. 602 § 2, 2016)
(b) Fire backflow devices: Fire backflow devices are required to be integrated into the site or
building design, and are prohibited in any public right-of-way, and must be accessible to Fire
Department and Water Company personnel at all times.
(c) Fire Department connections shall be installed in accordance with the NFPA standard
applicable to the system design and shall comply with Sections 912.2 through 912.7 of the
California Fire Code.
AMC 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 often (10) feet shall be provided. Said setback area
shall be landscaped.
(d) Utilities. All new and existing utilities shall be installed underground. (Ord. 620 § 4, 2019;
Ord. 602 § 2, 2016)
(e) Fire backflow devices: Fire backflow devices are required to be integrated into the site or
building design, and are prohibited in any public right-of-way, and must be accessible to Fire
Department and Water Company personnel at all times.
(f) Fire Department connections shall be installed in accordance with the NFPA standard
applicable to the system design and shall comply with Sections 912.2 through 912.7 of the
California Fire Code.
AMC 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. (Ord. 620 § 4, 2019;
Ord. 602 § 2, 2016)
(b) Fire backflow devices: Fire backflow devices are required to be integrated into the site or
building design, and are prohibited in any public right-of-way, and must be accessible to Fire
Department and Water Company personnel at all times.
(c) Fire Department connections shall be installed in accordance with the NFPA standard
applicable to the system design and shall comply with Sections 912.2 through 912.7 of the
California Fire Code.
AMC 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. (Ord. 620 § 4, 2019;
Ord. 602 § 2, 2016)
(b) Fire backflow devices: Fire backflow devices are required to be integrated into the site or
building design, and are prohibited in any public right-of-way, and must be accessible to Fire
Department and Water Company personnel at all times.
(c) Fire Department connections shall be installed in accordance with the NFPA standard
applicable to the system design and shall comply with Sections 912.2 through 912.7 of the
California Fire Code.
AMC 9-3.346 CPK Zone
The following are property development standards for the CPK 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 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 Commercial Park Zone.
(b) Parking. Customer and employee parking areas designed 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. This may be modified through the conditional use permit process.
(c) Setback. A minimum freeway setback shall be provided. Said setback shall be landscaped.
This may be modified through the conditional use permit process.
(d) Utilities. All new and existing utilities shall be installed underground. (Ord. 602 § 2, 2016)
(e) Fire backflow devices: Fire backflow devices are required to be integrated into the site or
building design, and are prohibited in any public right-of-way, and must be accessible to Fire
Department and Water Company personnel at all times.
(f) Fire Department connections shall be installed in accordance with the NFPA standard
applicable to the system design and shall comply with Sections 912.2 through 912.7 of the
California Fire Code.
AMC 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.
Requirement by Zoning District
DC
DO
Development Feature
Downtown Commercial
Downtown Office
Minimum lot size
No minimum
Setbacks
Minimum and maximum setbacks required. See Section 9-4.103 for
setback requirement, allowed projections into setbacks, and exceptions to
setbacks.
Front
None allowed, except for building
As required by Section 9-4.106
insets designed to accommodate
when adjacent to a residential
outdoor eating and seating areas, and
zone, none required otherwise.
except for East Mall between El
Camino Real and Palma Avenue,
where a minimum of 20 feet is
required.
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
35 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.
Landscaping
As required by Section 9-4.124 et seq. (Landscaping, screening and
fencing)
Off-street parking
None required, except as required by
As required by Section 9-4.114
Section 9-4.114 for hotels, motels,
et seq.
residential uses, offices, government
offices and facilities, and health care
services, and for all development east
of Atascadero Creek.
Signs
See Chapter 9-15
Density
20 dwelling units/acre maximum
20 dwelling units/acre
maximum
Fire Backflow Devices
(a) Fire backflow devices: Fire backflow devices are required to be
integrated into the site or building design, and are prohibited in any
public right-of-way, and must be accessible to Fire Department and
Water Company personnel at all times.
(b) Fire Department connections shall be installed in accordance
with the NFPA standard applicable to the system design and shall comply
with Sections 912.2 through 912.7 of the California Fire Code.
AMC 9-4.118
(4) Mixed Function Buildings. Where a building occupied by a single use contains several
functions, such as sales, office and storage areas, parking shall be as required for the principal
use for the gross floor area (total area of all internal functions); except that when storage areas
are larger than two thousand (2000) square feet, the parking requirement is to be determined
separately for those areas, as specified for warehousing.
(5) Assigned parking. For projects where a parking reduction is granted, assigned parking spaces
are prohibited.
(6) Terms Used in Charts.
AMC 9-3.500 Definitions
Contract Construction Services (Indoor). Office uses with or without indoor storage facilities
with ;,,,aoaf. or- ,,,,4,aoor- f4ei ities operated by, or on behalf of, a building contractor, exterminator,
janitorial service or similar. ror- storage of large egquipne44, vchiele , an&e�the terms
eommonly used in the individual eor.4faeter-'s type of business a -Rd ea -n inelude the stofage of
matefials used er- repair- and main4€naaee-ef eontraeter-'s eqi e A; and buildings or
t,.,,,.ttffes for uses by the eonl,,,,,,*,,, Can include the indoor storage of materials used for repair
and maintenance of contractor's own equipment; and for uses by the contractor. All uses must be
located within an approved, permitted building. Outdoor storage of construction related vehicles,
fleet, or accessory storage (other than an approved parking lot for employees or fleet vehicles) is
limited to 10 percent of the floor area of the fully enclosed building utilized for the business.
Contract Construction Services (Outdoor). Office uses with outdoor facilities operated bv. or
on behalf of, a building contractor, exterminator, janitorial service, or similar. Outdoor uses may
include storage of large equipment, vehicles, and/or other materials commonly used in the
individual contractor's type of business and can include the storage of materials used for repair
and maintenance of contractor's own equipment and mai° include accessory buildings or
structures for uses by the contractor. An on-site office buildingis s required. All applicable
development standards listed in the code as well as standards for outdoor storage uses must be
met.
Vehicle and Equipment Storage (Indoor). Service establishments primarily engaged in the
business of storing cars, buses and other motor vehicles; recreational vehicles (such as campers,
motor homes, boats); construction equipment; and farm equipment. Does not include wrecking
yards, which are classified in "recycling and scrap." All uses of the site must be located within
an approved, permitted building and outdoor storage shall be limited to 10 percent of the floor
area of the building utilized for the business.
Vehicle and Equipment Storage (Outdoor). Service establishments primarily engaged in the
business of storing cars, buses and other motor vehicles; recreational vehicles (such as campers,
motor homes, boats); construction equipment; and farm equipment. Does not include wrecking
yards, which are classified in "recycling and scrap." Storage of oversized commercial vehicles is
also subiect to section 9-6.103.
Accessory Storage. The indoor or outdoor storage of various materials on the same site as a
principal building or land use which is other than storage, which supports the activities or
conduct of the principal use. Outdoor accessory storage is limited to 10 percent of the floor area
of the principal building in accordance 9-6.103.
9-6.103 Accessory storage.
Where the principal building or use on a site is some use other than storage,
and storage accessory to that use is also located on the site, the accessory storage is subject to the
following standards (see also Section 9-6.140). A zoning approval is not required to
establish accessory storage except when subsections (b) and (g) of this section requires such
approval for a specific type of storage.
Where the principal building or use on a site is some use other than storage, and storage
accessory to that use is also located on the site, the accessory storage is subject to the following
standards (see also Section 9-6.140). A zoning approval is not required to establish accessory
storage except when subsections (b) and (g) of this section requires such approval for a specific
type of storage.
(a) Outdoor accessory storage is limited to 10 percent of the floor area of the principal building_
(1,) Any size modification for outdoor accessory storage over 10 percent of principal floor
area will require a conditional use permit.
(ab) Building Materials and Equipment. Building materials and equipment being used in a
construction project on the same or adjacent site may be stored on or adjacent to the construction
site as long as a valid building permit is in effect for construction on the premises. Building
materials and equipment include stockpiles of construction materials, tools, equipment, and
building component assembly operations. When storage is proposed on a lot adjacent to the
construction site, the application for the project is to also describe the storage site. Temporary
storage of construction materials on a site not adjacent to the construction is subject to Section 9-
6.175.
(bc) Commercial Vehicles. This subsection applies to the accessory storage of vehicles used
for shipping and/or the delivery of freight and products in support of a business or used for other
commercial activity, when such vehicles are larger than a standard passenger car, pickup truck or
van. Storage means parking a commercial vehicle longer than for a single weeknight, weekend or
holiday. The storage of vehicles as a principal use is subject to the standards of Section 9-6.183.
(1) Commercial vehicles are to be stored in GN and ry Zones in an enclosed building
„ed king or- leading unless otherwise allowed by the provisions of this code.
(2) Gommer-eial or- agr-ietthtffal vehieles may be stored in the GS, 1P, 1 and GPK Zones
without regulation other- than the standards of Seetion 9 4.114-.
(32) Agrieu!Wr-al vehieles may be stored outdoors in any zone when agr4ettitufal aetivities
eeeur- on site but only within the buildable area of a site. This r-equifement does not apply to fffm
vehie'e , eale, ships. The storage of agricultural vehicles in the A Zone is unrestricted.
(53) Other eCommercial vehicles may be allowed in residential zones where the resident
of the premises can show that:
(i) The site is of sufficient size to allow parking of the vehicle in the buildable area of the
site; and
(ii) The number of such vehicles is limited to a maximum of one (1); and
(iii) The vehicle can be maintained on the site in a manner which will not be disturbing to
nearby residents as a result of unsightly appearance, excessive noise, or operation between 9:00
p.m. and 7:00 a.m.; and
(iv) The vehicle due to its size, length or weight will not damage streets leading to the site
beyond normal levels and will not create traffic safety problems due to maneuvering necessary to
enter and exit the site; and
(v) There are no other suitable locations available to store the vehicle.
(c) Inoperative Vehicles. The storage or keeping of inoperative vehicles is subject to the
following. Nothing in this title shall be construed as preventing the abatement of an inoperative
vehicle which is found to be a nuisance:
(1) Vehicles Under Commercial Repair. The repair of vehicles is allowed only in
commercial or industrial zones as provided by Chapter 9-3, except for repair of a personal
vehicle by the vehicle owner on a site owned or rented by the vehicle owner. The storage of
inoperative vehicles in a commercial or industrial zone for the purposes of repair, alteration,
painting, impoundment or temporary storage by a towing service is subject to Section 9-6.168.
(2) Wrecked and Abandoned Vehicle Dismantling or Storage. Any area used for the
dismantling of inoperative vehicles or for the storage of wrecked or abandoned vehicles not
being dismantled or repaired is subject to Section 9-6.131.
(3) Automobiles Stored in Residential Areas. The storage of inoperative vehicles in a
residential zone is limited to one vehicle when stored outdoors. Such storage may be located only
where it is within the buildable area of the site. Inoperative vehicles may be abated as set forth in
Chapter 9-8. Storage of such vehicles within an approved accessory building (Section 9-6.106) is
not subject to limitation on the number of vehicles.
(d) Accessory Storage of Flammable and Combustible Liquids. The accessory storage of
flammable and combustible liquids is subject to the following standards:
(1) Limitations on Quantity. The quantity of flammable or combustible liquids stored on a
site shall be limited as follows:
(i) Residential Zones. Ten (10) gallons, unless authorized through precise plan approval.
Excluded from this requirement is the storage of flammable liquids in the fuel tanks of self-
propelled vehicles, mobile power or heat generators or similar equipment and the storage of
paints, oils, varnishes or combustible mixtures when such liquids are stored for maintenance,
painting or similar purposes. The storage of propane or other fuels which provide energy to heat
a residence is also excluded from this limitation, when such storage is in tanks directly connected
to the residence for consumption or when the quantity is limited to a reasonable reserve for
personal use which is stored in an approved manner.
(ii) Agricultural, Commercial and Industrial Zones. Storage shall be limited to the
following quantities on any single building site, unless greater quantities are authorized through
conditional use permit approval:
Type of Storage
Type of Liquid Above Ground Underground
Combustible 1,000 gallons Unlimited
Flammable 1,000 gallons 20,000 siallons
(2) Setbacks. Aboveground storage facilities for flammable or combustible liquids shall
be set back a minimum of fifty (50) feet from any property line and from any residential use on
the same property.
(3) Additional Standards.
(i) All storage of bulk flammable liquids shall be underground; except as specified by
subsection (d)(1)(i) of this section; except where a refining or similar industrial use has been
allowed in the CPK, IP or I Zone; and except, where an automobile service station or other
approved vendor of flammable liquids stores such liquids for sale in approved quantities and
containers.
(ii) All aboveground storage of flammable and combustible liquids shall be within types
of containers approved by the Fire Department.
(iii) Access, circulation and emergency fire equipment requirements of the Fire
Department shall be provided or installed within thirty (30) days where such need has been
identified and posted by the Fire Department.
(e) Recreational Vehicles in Residential Zones. The storage of recreational vehicles or
dependent trailers or RV equipment (camper shells, etc.), airplanes, and boats is permitted as an
accessory use in the RSF, LSF, RMF, RS, or A Zones as follows (the storage of recreational
vehicles in other zones is subject to Section 9-6.183; the storage of mobile homes is subject to
Section 9-6.142(c)):
(1) Location of Storage. Recreational vehicles are not to be stored in the required front
setback area.
(2) Use. Recreational vehicles are not to be used for living, sleeping or housekeeping
purposes except as provided by Section 9-6.176.
(f) Scrap and Junk. The outdoor storage of scrap, junk and miscellaneous articles and
materials accessory to another use is limited to a maximum area of two hundred (200) square
feet, with a maximum height of five (5) feet unless such storage is entirely within a six (6) foot
high solid wood or masonry fence or within a building. Such storage shall be located only where
it is within the buildable area of the lot. The storage of scrap and junk as a principal use is
subject to the standards of Section 9-6.131.
(g) Cargo Containers. Cargo containers (also referred to as "Seatrains" or shipping
containers) are defined as a prefabricated metal structure designed for use as an enclosed truck
trailer in accordance with Department of Transportation (DOT) standards. This does not include
architecturally modified cargo containers used as a building material. The use of cargo containers
for accessory storage purposes is permitted based on the following standards:
(1) Use of Cargo Containers.
(i) Cargo containers shall be utilized for accessory storage only. Occupancy shall be
limited to a "U" occupancy consistent with the California Building Code (CBC) or its successor
title.
(ii) Cargo containers shall not be used for permanent or temporary human occupancies,
including, but not limited to, living, sleeping or other residential uses.
(2) Number of Cargo Containers Permitted.
(i) One (1) cargo container may be permitted on a commercial, industrial or single-family
residential lot over one (1) gross acre in size, subject to Design Review Committee (DRC)
review for neighborhood compatibility and approval of a building permit.
(ii) Two (2) or more cargo containers may be permitted with a minor conditional use
permit (CUP) on a commercial, industrial, or single-family residential lot over one (1) gross acre
in size, subject to Planning Commission review for neighborhood compatibility and approval of
a building permit.
(3) Standards for Cargo Containers.
(i) Building Permit. A building permit is required for cargo containers over one hundred
twenty (120) square feet in size. A cargo container which is one hundred twenty (120) square
feet or less, is exempt from building permit requirements provided it meets property line and
structure setbacks required by this title and does not have any utility connections.
(ii) Setbacks. Cargo containers shall be located in the rear half of the property in
commercial, industrial and residential zones. Cargo containers shall not be permitted within the
front or street facing side yard setback of a residential property. Setbacks shall be consistent with
underlying zone setback requirements and is consistent with the preceding subsections (1) and
(2)•
(iii) Foundation. Cargo containers shall be anchored on a foundation system capable of
withstanding all imposed vertical and horizontal loads and consistent with all applicable codes.
Any alterations to the container shall be designed and detailed by a licensed design professional.
All foundations and alterations shall be approved by the Chief Building Official.
(iv) The cargo container may not occupy any required parking areas or obstruct any Fire
Department access ways.
(4) Exemptions.
(i) Use of cargo containers for temporary on-site storage associated with a construction
project is exempt from this section (refer to subsection (alb)).
(ii) Use of cargo containers for temporary commercial storage may be allowed with the
approval of an administrative use permit for a period not to exceed four (4) months.
9-4.109 Interior setbacks and open areas.
Detached buildings located on the same site are to be separated as follows:
(a) Non -Habitable Structures Aeeessory BUildings. An building is to be le ated
Weser- than si* (6) feet ffe I . . . . a! building of as feEltiked by the Builditig Code. Minimum (5)
foot setback required for enclosed structures. No minimum setback for open -sided structures.
(b) Habitable Structures Residen4i a' Buildings. residential L. ^ ,,ildi g (ine udifi g
L 1
multifamily dwelling) is not to be loeated eleser- than ten (10) feet to another- building (r-esidential
or
esideiAia". Minimum (5) foot setback required.
(c) Exemptions. The following aeeessery structures are exempt from the provisions
outlined in this section:
(1) Decks;
(2) Patio covers and landscape structures;
(3) Structures under one hundred twenty (120) square feet when exempt from a building
permit based on the adopted Building Code and consistent with the standards set forth in Section
9-6.106(b)(3);
(4) Similar accessory structures as determined by the Community Development Director.
9-6.106 Residential accessory uses.
The standards of this section apply to the specific types of residential accessory structures
listed. Agricultural accessory structures for the keeping of animals are subject to Section 9-6.109.
(a) Swimming Pools. Swimming pools, including hot tubs, spas, and related equipment,
may be located within any required side or rear setback, provided that they are no closer than
eighteen (18) inches to a property line (additional setbacks may be required by the adopted
building code), and provided that they are fenced as required by Section 9-4.128.
(b) Detached Accessory Structures. Any detached accessory structure intended for
residential accessory uses and accessory storage.
(1) Limits on Use. An accessory structure may be constructed or used solely for
noncommercial hobbies or amusements; for maintenance of the principal structure or yards; for
artistic endeavors such as painting, photography or sculpture; for maintenance or mechanical
work on vehicles owned or operated by the occupants; for an approved home occupation; or for
other similar purposes.
(2) Floor Area. The gross floor area of a detached accessory structure is not to exceed fifty
percent (50%) of the gross floor area of the principal structure.
(3) Residential accessory structures one hundred twenty (120) square feet or less are
exempt from requiring a permit if the structure is incidental to the primary use and meets the
following requirements:
(i) The structure does not create a nuisance;
(ii) The use of the structure is permitted under its zoning;
(iii) The structure meets the property's rear and side yard minimum setback requirement of
three (3) feet if the structure is less than twelve (12) feet in height;
(iv) If the structure is more than twelve (12) feet in height, standard setback shall be
required regardless of exemption;
(v) The accessory structure is located outside of the required front yard setback;
(vi) A minimum six (ti) feet of se atio is required bet -Ween aeeessor-y struetwes
regardless of exemption, tmiess other -wise noted by the adopted Building Code. if the aeeessor-y
s4ttetur-es have less than a six (6) foot sethaek, the aggregate area of the buildings shall be
eonsider-eda (1` building and shat ro e ., building perm *. A minimum (5) foot setback is
required. If structures are abutting, the aggregate area of the buildings shall be considered one
(1) building and shall require a building permit.
(4) Number of Structures. The number of non-exempt accessory structures requiring a
building permit shall be limited to two (2) structures.
(c) Mini -bike, motorcycle, dirt bike or similar two (2) or more wheel motor vehicle riding
is allowed subject to the following limitations:
(1) No more than two (2) such vehicles shall be operating at the same time.
(2) Operation is limited to a maximum of two (2) hours in a day—Limit applies even if
only one (1) such vehicle is being operated.
(3) Operation is limited to a maximum of eight (8) hours in a week.
(i) This limit applies even if only one (1) such vehicle is operated;
(ii) A week shall be measured from Monday through Sunday.
(4) Notwithstanding the above, no such use shall be allowed prior to noon on Sundays.
(5) Any violations to the above-mentioned limitations are subject to cost recovery for
responses to disturbances, as listed in Section 9-14.14.
(d) Exceptions to Accessory Structure Standards.
(1) Detached accessory structures that deviate from requirements are subject to the
approval of a minor conditional use permit.
(2) Any detached accessory structure in excess of the two (2) structures permitted or when
multiple exempt accessory structures (less than one hundred twenty (120) square feet) are
constructed on the premises that are no longer accessory uses to the primary unit as determined
by the Community Development Director is subject to the approval of a minor conditional use
permit.
9-3.330 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
Amended:
Table Changed to alphabetical order.
Table 3-2 — Nonresidential Use Table
Allowed Land Uses and Permit Requirements
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
Nonresidential
Zones
❑ Not Permitted
Permitted Uses By Zones
Special
Regulation(s)
CN
CP
CR
CS
CT
CPK
DC
DO
IP
I
Accessory Storage
A4
A4
A4
A4
9-6.103
Adult Day Care
A
A
A
CUP
Facility
Adult Oriented
A
A
A
A
9-16
Business
Age Restricted
CUP
Housing
Agricultural Produce
Stands
A
A
A
A
9-6.117
Amusement
Services
A
A
A
A
A
A
Animal Hospitals
CUP'
CUP
A
CUP
9-6.110
Artisan Foods and
A
A
A
A5
A
A
Products
ATM
A
A
A
A
A
A
A
A
A
A
Auto Dealers (New
and Used) and
CUP
CUP
CUP
CUP
CUP
9-6.163
Supplies
Auto Repair and
Services
CUP
A
A
CUP
A
A
9-6.168
Bar/Tavern
CUP
CUP
CUP
A
Bed and Breakfast
CUP
CUP
CUP
CUP
Brewery —
CUP
CUP
A
A
Production
Broadcast Studios
A
A
Building Materials
and Hardware w/
outdoor sales or
CUP
CUP
CUP
CUP
CUP
CUP
9-6.165
storage area 10,000
sf or greater
Building Materials
and Hardware w/
outdoor sales or
A
A
A
A
A
A
9-6.165
storage area less
than 10,000 sf
Business Support
Services
A
A
A
A
A
A
A
A
Caretaker's
Residence/Employee
CUP
CUP
CUP
Unit
Childcare Center
A
A
A
CUP
9-6.125
Churches and
Related Activities
CUP
CUP
9-6.121
Collection Stations
A4
A4
A4
A4
A4
A4
A4
A4
9-6.130
Contract
Construction
Services Indoor Y4
sales afea less than
10,QQQ s€
A
A
A
A
Contract
Construction
Services Outdoor
�eei=storage
n nnn
T
Sf OF atef
CUP
CUP
CUP
Data and Computer
Services Center
AUP
AUP
CUP
A
A
Day Care
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
Farm Equipment and
Supplies w/ outdoor
storage or sales area
CUP
CUP
CUP
CUP
CUP
10,000 sf or greater
Farm Equipment and
Supplies w/ outdoor
storage or sales
A
A
A
A
A
area less than
10,000 sf
Farmers' Market
CUP
CUP
CUP
CUP
CUP
A
A
Financial Services
and Banks
A
A
A
A
A
A
CUP
A
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
sf
Government Offices
A
A
A
A
A
A
CUPS
A
A
A
and Facilities
Health Care Services
A
A
A
CUP
A
CUPS
A
Horticultural
Specialties w/
outdoor storage or
CUP
CUP
CUP
CUP
CUP
CUP
CUP
9-6.116
sales area 10,000 sf
or greater
Horticultural
Specialties w/
outdoor sales or
A
A
A
A
A
9-6.116
storage area less
than 10,000 sf
Hotels, Motels
CUP
A
A
A
CUP
Indoor Recreation
CUP
CUP
CUP
A
A
CUP
CUP
CUP
Services
Kennels
CUP
A
9-6.111
Large Family Day
CUP,
CUP"
9-6.125
Care
Large Scale Ag
Manufacturing
CUP
CUP
A
9-6.103
Laundries and Dry
Cleaning Plants
A
A
A
A
Laundromat/Coin-
CUP
CUP
CUP
CUP
CUP
CUP
A
A
Operated Laundry
Libraries, Museums
A
A
A
A
A
A
Live/Work Unit
A'
Manufacturing and
Processing — High
CUP
CUP
AUP
AUP
Intensity°
Manufacturing and
Processing - Low
CUP
CUP
A
A
A
A
Intensity
Medical Extended
Care Services: 6
CUP
CUP
CUP
CUP
CUP
CUP
9-6.134
Residents or Less
Medical Extended
Care Services: 7
CUP
9-6.134
Residents or More
Medical Research
CUP
A
A
CUP
A
A
Membership
Organizations
A
A
CUP
CUP
Microbrewery —
A
CUP
A
A
A
A
A
A
A
A
Brewpub
Mini -Storage
CUP
CUP
A
A
Mobile Eating and
A
A
A
A
A
A
A
A
Drinking Vendorsb
Mortuary Services
A
A
Multifamily
CUP2
CUP2
CUP2
CUP2
Al
A'
Dwelling
Occupancy Units
Offices
A
A
A
A
A
A
CUPS
A
Outdoor Recreation
Services
CUP
CUP
A
9-6.123
Parking Lots
AUP
AUP
AUP
AUP
AUP
AUP
AUP
AUP
AUP
AUP
Parks and
Playgrounds
A
A
Personal Service
Restricted
A
CUP
CUP
Personal Services
A
A
A
A
A
CUP
A
Printing and
CUP
CUP
A4
A4
A4
Publishing
Public Assembly
and Entertainment
CUP
CUP
A
CUP
CUP
RCFE — Assisted
Living
CUP
9-6.135
RCFE — Independent
Living/Senior
CUP
CUP
CUP
9-6.135
Apartments
RCFE — Retirement
CUP
CUP
CUP
9 6.135
Hotel
Recreational Vehicle
Parks
A
9-6.180
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
Residential Care: 6
A}AZ
4}A`
9-6.135
Residents or Less
Retail Sales—
Restricted
A
CUP
CUP
Sales Lots
CUP
CUP
CUP
CUP
9-6.139
Schools
A
A
A
CUP
CUP
9-6.125
Schools — Business
and Vocational
A
A
A
A
CUP
CUP
CUP
CUP
9-6.125
Service Stations
CUP
CUP
CUP
CUP
9-6.164
Single -Family
A'
A'
Dwelling
Single -Room
CUP
9-6.184
Small Family Day
A8
A8
A8
As
A8
Care
Social and Service
Organizations
A
A
A
Sports Assembly
CUP
CUP
A
Storage, Recycling
and Dismantling of
Vehicles and
CUP
A
A
9-6.131
Material
Tasting Room
A
CUP
A
A
A
A
A
A
A
A
Telecommunication
Facility
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Temporary Events
CUP3
CUP
CUP3
CUP3
CUP3
CUPS
CUPS
CUPS
A
A
9-6.177
Temporary Offices
A
A
A
9-6.176
Temporary or
A
A
A
A
A
A
A
A
A
9-6.174
Seasonal Sales
Transit Stations
CUP
CUP
A
CUP
CUP
CUP
CUP
CUP
Utility Facilities
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
Utility Infrastructure
A
A
CUP
A
A
A
CUP
CUP
A
A
Vehicle and
Equipment Storage
CUP
A4
A4
9-6.183
(Indoor)°
Vehicle and
Equipment Storage
CUP4
CUP4
(Outdoor)'
Vehicle and Freight
CUP
CUP
CUP
Terminals
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
Notes: (These notes apply only to Table 3-2).
1 Residential uses allowed only on second and third floors. If a project is required to provide a unit in compliance with the
Americans with Disabilities Act, the handicapped accessible unit may be located on a first floor. A first floor unit shall be located
in a non -storefront location within a tenant space.
2 Multifamily dwellings permitted when located on the second floor or above, or within an existing residential structure of
historical significance.
3 Temporary events requiring more than 3 days for onsite setup and teardown require the approval of a conditional use permit
(Section 9-2.110).
4 Outdoor commercial and industrial sales and storage developments (as defined by Section 9-9.102) of 10,000 square feet or
more require the approval of a conditional use permit (Section 9-2.110), even if such a development is listed as an allowable use
in a particular zoning district.
5 Handcrafted and artisan food production shall be ancillary to the retail component.
6 Mobile food vending permitted 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.
7 When no overnight stays of animals are included.
8 Permitted when in association with conforming and legal nonconforming residences.
9 Allowed above ground floor. Conditional use permit required on ground floor on Palma, East Mall, West Mall Entrada,
Traffic Way and on El Camino Real north of Atascadero Creek as designated in Figure 3-1, subject to all of the following
findings:
a. The location and setting of the existing building is not ideal for pedestrian uses such as restaurants, retail or related uses.
b. The existing building and site improvements are designed exclusively for office uses and could not accommodate other uses.
c. The proposed new office use will be a significant contribution to economic development by providing new jobs, pedestrian
traffic, and active uses in the downtown.
d. The proposed new office will meet parking, accessibility, and property development standards and will not result in new
parking along Atascadero Creek, East Mall or West Mall.
e. The proposed new office building will provide a storefront and other architectural features that complement the pedestrian
scale and retail environment desired within the downtown.
Zoning District Abbreviations
CN
— Commercial Neighborhood
CP
— Commercial Professional
CR
— Commercial Retail
CS
— Commercial Service
CT
— Commercial Tourist
CPK — Commercial Park
DC
— Downtown Commercial
DO
— Downtown Office
IP —
Industrial Park
I — Industrial
Figure 3-1
Table 3-3 Public Zone Uses
Allowed Land Uses and Permit Requirements
Table alphabetized
Public Zones
A Allowed Use, Zoning Clearance Required
CUP Conditional Use Permit Required
AUP Administrative Use Permit Required
❑ Not Permitted
Permitted Uses By Zones
Special Use Regulation(s)
L
LS
P
OS
Accessory Storage
A
A
9-6.103
Adult Day Care Facility
CUP
Agricultural Accessory Uses
A
Amusement Services
A
CUP
ATM
A
Bed and Breakfast
A
A
Broadcast Studios
A
Caretaker's Residence/Employee Unit
CUP
9-6.184
Cemeteries
CUP
CUP
CUP
Childcare Center
CUP
9-6.125
Churches and Related Activities
CUP
9-6.121
Collection Stations
A
A
A
9-6.130
Day Care
Eating and Drinking Places
CUP
CUP
Farmers' Market
A
A
A
Government Offices and Facilities
A
Health Care Services
CUP
Home Occupation
A
Horticultural Specialties
CUP
Hotels, Motels
CUP
Indoor Recreation Services
CUP
CUP
A
Libraries, Museums
A
A
A
Medical Extended Care Services: 6 Residents or Less
CUP
9-6.134
Medical Extended Care Services: 7 Residents or More
CUP
9-6.134
Membership Organizations
A
CUP
Mortuary Services
CUP
Outdoor Recreation Services
A
CUP
A
9-6.123
Parking Lots
A
Parks and Playgrounds
A
A
A
A
Recreational Vehicle Parks
CUP
CUP
CUP
9-6.180
Residential Accessory Uses
A
9-6.106
Residential Care: 6 Residents or Less
CUP
9-6.125
Residential Care: 7 Residents or More
CUP
9-6.125
Schools
A
9-6.125
Schools—Business and Vocational
A
CUP
9-6.125
Single -Family Dwelling
A
CUP
Sports Assembly
CUP
Telecommunication Facilities
CUP
CUP
CUP
Temporary Dwelling
A
9-6.176
Temporary Events
A
A
A
9-6.177
Temporary Offices
A
Transit Stations
CUP
CUP
Utility Facilities
A
A
A
CUP
Utility Infrastructure
CUP
CUP
CUP
CUP
Accessory Storage
A
A
9-6.103
Agricultural Accessory Uses
A
Amusement Services
A
CUP
Animal Hospitals
CUP
ATM
A
Bed and Breakfast
A
A
Broadcast Studios
A
Zoning Districts Abbreviations
L — Recreation
LS — Special Recreation
P — Public
OS — Open Space
(Ord. 602 § 2, 2016)
9-6.140 Storage yards.
Outdoor storage yards, excluding the storage of vehicles in a day use parking lot or garage,
are subject to the provisions of this section. The storage of vehicles in a public or commercial
parking lot or garage is subject to Section 9-4.114; the storage of wrecked, abandoned or
vehicles being dismantled, is subject to Section 9-6.131, in addition to this section.
(a) Site Design Standards.
(1) Access. There shall be only one (1) access point to a storage yard for each three
hundred (300) feet of street frontage. Such access point is to be a maximum width of twenty (20)
feet and shall be provided with a solid gate or door.
(2) Screening. A storage yard, except a temporary offsite construction yard, is to be
screened from public view on all sides by solid wood, painted metal or masonry fencing, with a
minimum height of six (6) feet. All required screening shall be continuously maintained in good
condition to assure that its intended purpose is accomplished. This requirement may be waived
through administrative use permit approval (Section 9-1.112), when:
(i) The side of a storage yard abuts a railroad right-of-way; or
(ii) The surrounding terrain, existing vegetation intended to remain or other conditions
would make fencing ineffective or unnecessary for the purpose of screening the storage yard
from the view of public roads.
(3) Parking Requirement. None, provided that sufficient usable area is available to
accommodate all employee and user parking needs entirely on-site.
(4) Site Surfacing. A storage yard shall be surfaced with concrete, asphalt paving, crushed
rock, or ailed or other all weather surfaces as approved by the City and be maintained in a
dust -free condition.
(5) Of ee Faeilifies. When no buildings exist o re pr-oposed on a storage yard Site, on-
skiAing, and installed pur-stian4 to th tkemei4s of Title 8 of this Code (the Building
(b) Operation. Except for vehicles or freestanding equipment, materials within a storage
yard are not to be stacked or stored higher than six (6) feet, unless screening requirements have
been waived or modified pursuant to subsection (a)(2)(ii) of this section, or unless a higher wall
or fence is constructed at the required setback line under an approved building permit.
SECTION 5. CEQA. The proposed Title 9 zoning text change is exempt from the
California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq.,
because it can be seen with certainty that there is no possibility that the enactment of this Ordinance
would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA
Guidelines §§ 15378(b)(4), 15061(b)(3).
SECTION 6. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on November 19, 2019, resolved to recommend that
the City Council introduce for first reading by title only, an Ordinance that would amend the City
Title 9 Text.
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 van den Eikhof, the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Anderson, Keen, van den Eikhof, Wolff, Dariz (5)
NOES: None (0)
ABSTAIN: None
(0)
ABSENT: Shaw, Zirk (2)
ADOPTED: November 19, 2019
;CITY OF ATASC Crk Dariz
Planning Commission Vice Chairperson
Attest:
Phil Dunsmore
Planning Commission Secretary