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HomeMy WebLinkAboutOrdinance 635I . I t qy 1, 1 4 9 ORDINANCE NO. 635 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING TITLE 9, PLANNING AND ZONING, CHAPTERS 2, 31,49 AND 6 OF THE ATASCADERO MUNICIPAL CODE (CPP19-0080) 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, the Planning Commission of the City of Atascadero, at a Public Hearing held on November 19, 2019, studied and considered the proposed amendments; and WHEREAS, the Planning Commission of the City of Atascadero has recommended approval of the amendments; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Title 9 Zoning Text Change amendments was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said amendments. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing, The City Council of the City of Atascadero, at a Public Hearing held on January 28, 2020 considered the proposed zoning text amendments. SECTION 3. Findings. The City Council makes the following findings, determinations and approvals with respect to the Municipal Code Text Amendments: FINDING: 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. FINDING: These Amendments of the Zoning Ordinance will provide for the v orderly and efficient use of lands where such development standards are applicable. City of Atascadero Ordinance No. 635 Page 2 of 3 FACT: The proposed Title 9 text amendment provides for orderly development l l within accordance with the adopted General Plan for the compatible use of the property based on neighborhood characteristics. FINDING: 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. 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 §15061(b)(3). SECTION 5. Approval. The City Council of the City of Atascadero, in a regular session assembled on January 14, 2020, resolved to introduce for second reading by title only, an Ordinance that would amend Title 9 of the City of Atascadero Municipal Code as detailed in Exhibit A attached hereto and incorporated herein by this reference. SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 7. Preservation. Repeal of any provision of the AMC or of any previous Code Sections; does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the AMC or other City Ordinance by this Ordinance will be rendered void and cause such previous AMC provision or other City Ordinance to remain in full force and effect for all purposes. SECTION 9. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 10. Notice. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Atascadero's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. 7 City of Atascadero Ordinance No. 635 Page 3 of 3 SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption. INTRODUCED at a regular meeting of the City Council held on January 28, 2020, and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California, on February 11, 2020. A S \ ^ 1 Lra K' hn ensen, Clerk VAP OCEDiIRM'= Brian A. Piers c, City Attorney n 7 CITY OF ATASCADERO Hea—ther' oreno, Mayor Exhibit A 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(a)): (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 five (5) separately owned parcels (see also "Road, private"). Road, private. A road providing vehicular access to 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 ofAtascadero; (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. n (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 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. I J (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: I I (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) 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. AMC 9-12.105 I I 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 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. 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. (c) Fire backflow devices. Fire backflow devices are required to be integrated into the site or building design, are prohibited in any public right-of-way, and must also be accessible to Fire Department and Water Company personnel at all times. (d) Fire connection devices. 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. (b) Fire backflow devices. Fire backflow devices are required to be integrated into the site or building design, are prohibited in any public right-of-way, and must also be accessible to Fire Department and Water Company personnel at all times. (c) Fire connection devices. 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: I` J (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. (e) Fire backflow devices. Fire backflow devices are required to be integrated into the site or building design, are prohibited in any public right-of-way, and must also be accessible to Fire Department and Water Company personnel at all times. (f) Fire connection devices. 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 I! 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. (b) Fire backflow devices. Fire backflow devices are required to be integrated into the site or building design, are prohibited in any public right-of-way, and must also be accessible to Fire nDepartment and Water Company personnel at all times. (c) Fire connection devices. 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. (b) Fire backflow devices. Fire backflow devices are required to be integrated into the site or building design, are prohibited in any public right-of-way, and must also be accessible to Fire Department and Water Company personnel at all times. (c) Fire connection devices. 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. (e) Fire backflow devices. Fire backflow devices are required to be integrated into the site or building design, are prohibited in any public right-of-way, and must also be accessible to Fire Department and Water Company personnel at all times. (f) Fire connection devices. 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. AMC 9-4.118 Requirement by,ZoningDistrict ' Development Feature " DC DO "Dowutown'Commercial DoryntownOftice . 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 94.106 insets designed to accommodate when adjacent to a residential outdoor eating and seating areas, and zone, none required otherwise. except for East Mall between EI 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 EI 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) Oft-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, are prohibited in any public right-of-way, and must also be accessible to Fire Department and Water Company personnel at all times. (b) Fire connection devices. 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 nuse 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 operated by, or on behalf of, a building contractor, exterminator, janitorial service or similar. Can include the indoor storage of materials used for repair and maintenance of contractor's own equipment and for use 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 by, 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. May also include accessory buildings or structures for uses by the contractor. An on-site office building is 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 subject 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. Any size modification for outdoor accessory storage over 10 percent of principal floor area will require a conditional use permit. (b) 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. (c) Commercial Vehicles. This subsection applies to the accessory storage of vehicles used for j 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 an enclosed building unless otherwise allowed by the provisions of this code. (2) The storage of agricultural vehicles in the A Zone is unrestricted. (3) Commercial 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. n(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 n following quantities on any single building site, unless greater quantities are authorized through conditional use permit approval: (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 Typ e of Storage T e of Liquid Above Ground Underground Combustible 1,000 gallons Unlimited Flammable 1,000 gallons 20,000 gallons (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. l (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 (b)). (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. I I 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 Minimum (5) foot setback required for enclosed structures. No minimum setback for open -sided structures. (b) Habitable Structures Minimum (5) foot setback required. (c) Exemptions. The following 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 (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 3-2 — Nonresidential Use Table Allowed Land Uses and Permit Requirements n 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 CN CP CR I CS CT CPK DC DO IP I Regulation(s) Accessory Storage A° CUP 4 A^ CUP 4 CUP 4 A^ A° 9-6.103 n 5 n n Adult Day Care A A A CUP Facility Adult Oriented Business A A A A 9-16 Age Restricted Housing CUP Agricultural Produce Stands A A A A 9-6.117 Amusement A A A A A A Services Animal Hospitals CUP7 CUP A CUP 9-6.110 Artisan Foods and A A A AS 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 CUP A A CUP A A 9-6.168 . Services - Bar/Tavern CUP CUP CUP A Bed andBreakfastCUP CUP CUP CUP Brewery— Production CUP CUP A A 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 p 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 A° A4 A4 A4 A4 A4 A4 A4 9-6.130 Contract Construction A A A A Services jlndoor) Contract Construction CUP CUP CUP Services (Outdoor) Data and Computer Services Center A UP 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 n r n 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 A A A A A A CUP A and Banks Fuel Dealer A^ CUP A° A^ 9-6.129 General Retail A^ A^ A° A° A° A° A^ 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 Services CUP CUP CUP A A CUP CUP CUP Kennels CUP A 9-6.111 Large Family Day CUPS CUPS 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- Operated d Laundry Operated Laundry CUP CUP CUP CUP CUP CUP A A Libraries, Museums A A A A A A - Live/Work Unit At Manufacturing and Processing — High CUP CUP AUP AUP Intensity4 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 p A CUP CUP Microbrewery— Brewpub A CUP A A A A A A A A Mini -Storage CUP CUP A A Mobile Eating and Drinking Vendorsb A A A A A A A A Mortuary Services A A 7 7 7 n n Multifamily CUP, CUP, CUP, CUP, Al A] Dwelling Occupancy Units Offices A A A A A A CUP, A Outdoor Recreation CUP CUP A 9-6.123 Services Parking Lots AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP Parks and A A Playgrounds Personal Service A CUP CUP Restricted Personal Services A A A A A CUP A Printing and CUP CUP A° A4 A^ Publishing Public Assembly CUP CUP A CUP CUP and Entertainment RCFE — Assisted CUP 9-6.135 Living RCFE — Independent Living/Senior CUP CUP CUP 9-6.135 Apartments RCFE- Retirement Hotel CUP CUP CUP 9-6.135 Recreational Vehicle Parks A 9-6.180 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 Residential Care: 6 Residents or Less A, Az 9-6.135 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 Dwelling At A] Single -Room CUP 9-6.184 Small Family Day A$ pe pa Ae As 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 CUPS CUP cup, CUP, CUP, CUP, CUP, CUP, A A 9-6.177 Temporary Offices A A A 9-6.176 Temporary or Seasonal Sales A A A A A A A A A 9-6.174 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 r 7 r Vehicle and Zoning District Abbreviations CN — Commercial Neighborhood CP'— Commercial Professional " CR— Commercial Retail Equipment Storage A CUP A4 A4 9-6.183 (Indoor)' Vehicle and Equipment Storage CUP 4 CUP 4 CUP 4 9-6.183 (Outdoor)4 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 EI 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. CS — Commercial Service 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 A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Public Zones ❑ Not Permitted Permitted Uses By Zones Special Use Regulation(s) L I LS I P OS Accessory Storage A A 9-6.103 Adult Day Care Facility CUP Agricultural Accessory Uses A Amusement Services A CUP n n n Animal Hospitals 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 Mini -Storage 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 I A A 9-6.177 Temporary Offices A Transit Stations CUP CUP Utility Facilities A A A CUP Utility Infrastructure CUP CUP CUP CUP Zoning Districts Abbreviations L — Recreation LS — Special Recreation P — Public OS — Open Space 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) I` 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 other all weather surfaces as approved by the City and be maintained in a dust -free condition. (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. (� STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss CITY OF ATASCADERO ) I, LARA K. CHRISTENSEN, City Clerk of the City of Atascadero, DO HEREBY CERTIFY that Ordinance No. 635 was duly introduced at a regular meeting held January 28, 2020 and adopted at a regular meeting of the City Council held on the 11th day of February, 2020 by the following roll call vote, to wit: AYES: Council Members Fonzi, Funk, Newsom and Mayor Moreno NOES: Mayor Pro Tem Bourbeau ABSENT: None ---------- RA . C RIS IN tT1'- ERf� I hereby certify that the foregoing is the original of Ordinance No. 635 duly passed and adopted by the Atascadero City Council at their regular meeting held on February 11, 2020 and that summaries of the Ordinance were published on February 2, 2020 and February 16, 2020 in The Tribun e� OFf4N8E4�CI CLER-K P"