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HomeMy WebLinkAboutOrdinance 6703-5.105 Cardrooms. (a) License Required. It shall be unlawful for any person for him or herself, or for any other person, to engage in or carry on, maintain or conduct, or cause to be engaged in, carried on, maintained, or conducted, any cardroom in the City without first having secured a license from the City to do so according to each and every requirement of this section or without complying with each and every regulation set forth in this section pertaining to such cardroom. Each licensee and operator of a cardroom shall employ only those persons who have obtained a work permit as defined and set forth herein. (b) Definitions. (1) Act. “Act” shall mean the Gambling Control Act as codified in Division 8, Chapter 5 of the California Business and Professions Code (commencing with Section 19800). (2) Applicant. “Applicant” means every person who applies for a license to operate a cardroom and every individual who requests a permit as provided for by this chapter. (3) Billiard Parlor. For the purpose of this chapter, a “billiard parlor” or “pool room” includes a fixed place of business of any kind where billiards, pool, snooker or eight-ball or other similar games tables are maintained on the premises, whether or not coin-operated. (4) Card Games. “Card games” as used in this chapter means all forms of card games authorized by the State of California. (5) Cardroom. “Cardroom” as used in this chapter means any building or structure, or any portion of a building or structure, or any premises or place where any person or persons are allowed to play a card game as defined in this section. (6) Card Table. “Card table” as used in this chapter means a card table within a business premises where there is carried on any card game for compensation, which game is not unlawful under the provisions of California Penal Code Section 330, or any other provision of law. (7) Chief of Police. “Chief of Police” means the Chief of Police and designee. (8) Director of Administrative Services. “Director of Administrative Services” shall be the Director and designee. (9) Employee. “Employee” means every individual, employed either as an agent, employee, or otherwise, of the licensee, as defined in this section, or under the direction and control of the licensee of any cardroom, with or without compensation. Anyone who is required to routinely enter into the card playing area during the course of his or her duties is considered an employee. The term “employee” does not include a bartender, culinary worker or other person not directly connected with the cardroom operation. Ordinance No. 670 Exhibit A (10) License. “License” as used in this chapter means a grant from the City Council authorizing a person as defined in this section to operate a cardroom within the City of Atascadero. (11) Licensee. “Licensee” means the person, as defined in this chapter, to whom a cardroom license has been issued pursuant to this chapter. (12) Person. “Person” means and includes any individual, partnership, corporation or combination, business entity or combination thereof. (13) Work Permit. “Work permit” means a grant of permission from the Director of Administrative Services to an individual allowed by this chapter to work as an employee in a cardroom within the City of Atascadero. (c) License—Application—Bond. To apply for a cardroom license, a person shall take the following steps: (1) Every applicant for a license shall first obtain a State gambling license as required by the Gambling Control Act and the implementing regulations (California Code of Regulations, Title 11, Division 3, Chapter 1, Article 1, Section 2000 et seq.). Every applicant shall fully comply with the Act and the implementing regulations including, but not limited to, Section 2050 of Title 11 of the California Code of Regulations that requires an owner or a key employee, as defined by the Act, to be on the premises, at all times that the establishment is open to the public unless the Division of Gambling Control authorizes availability by telephone. Key employees must obtain a key employee license as required by the Act; (2) File with the City Clerk a written application, signed by the applicant, setting forth the nature of the business that he or she wishes to engage in and the place where he or she proposes to establish such business, including the particular building, and room or rooms; (3) The true and correct name and address of each applicant of the building or structure within which the cardroom is proposed to be maintained shall be included with the license application. Written consent from the owner of the building or structure is required on the application; (4) Submit a bond surety in a form approved by by an authorized surety company to be approved by the City Council Director of Administrative Services in the penal sum amount of five hundred dollars ($500.00) payable to the City. The following condition shall be added to a cardroom license regarding the surety, when approved by the City: (i) Neither the applicant nor anyone in his or her employ in such business will violate any ordinance of this City or any law of this State, or of the United States of America, or any political subdivision or agency thereof, during the time for which such license is granted. That upon a violation of the condition of such surety, the same shall be and become due and payable to such City and the penalty thereof may be recovered in a civil action. The conviction of, or plea of guilty by, the person to whom such license is issued, or anyone in his or her employ in such Ordinance No. 670 Exhibit A business for the violation of any such ordinance or law, shall ipso facto work a forfeiture of such surety, and any such conviction or plea of guilty shall be conclusive evidence of such forfeiture, and in the event of such conviction or plea of guilty the license shall be canceled; (5) That the applicant verify with the Director of Community Development, that the subject property zoning permits the proposed cardroom use; (6) A statement that the applicant understands and agrees that the application shall be considered by the City Council Director of Administrative Services after evidence has been presented to the City that provides clear indication of a clean criminal record a full investigation and reports, including any available criminal and arrest and conviction offender information, have been made by the Chief of Police, other City officials or their authorized representatives. A statement that the applicant authorizes the City or its authorized agents to update the investigation and background information on an annual basis if the application is approved. (d) Standards for Issuance. The City Council Administrative Services Director shall consider and determine whether to issue a license to operate a cardroom subject to the following conditions: (1) No more than a total of six (6) card tables shall be licensed to operate within the City under the provisions of this chapter. (2) No one (1) permittee shall be authorized to operate more than a total of six (6) card tables within the City. (3) No more than six (6) card tables shall be operated and maintained within any single business premises within the City. (4) No card table license shall be issued unless the location for the cardroom(s) is in compliance with all applicable zoning and building regulations of the City. The Community Development Department shall review all applications to verify compliance with the Zoning Code. The Council Community Development Director shall consider the effect of the operation of a cardroom on other sensitive uses located in the vicinity of the cardroom, including but not limited to schools, public parks or recreational areas, public buildings with programs for minors, and religious institutions. (5) No cardroom license shall be transferable to another location or permittee without the approval of the City Council Administrative Services Director. Playing of all games shall be confined to those designated areas of the cardroom premises as may be set forth in the cardroom license. No playing of any games shall be permitted at any other location within or upon the cardroom premises. (6) No cardroom license shall be issued to any person who has been convicted of any felony, nor to any association, partnership or corporation of which any owner thereof has been convicted of a felony. Ordinance No. 670 Exhibit A (7) In addition to any other restrictions provided by law, no card table license shall be issued to anyone who is disqualified from holding a State gambling license for any of the reasons specified in California Business and Professions Code Section 19859. (8) Applicant shall provide to the City copies of all written reports filed with the Division of Gambling Control pursuant to the Act or Title 11 of the California Code of Regulations. (e) Cardroom Work Permit—Application and Denial. (1) Cardroom employees must obtain a cardroom work permit from the Director of Administrative Services or designee of the City of Atascadero. For the purposes of this chapter, “cardroom enterprise employees” are defined as any natural person employed in the operation of a gambling enterprise, including without limitation, dealers, floor personnel, security employees, courtroom personnel, cage personnel, collection personnel, surveillance personnel, data- processing personnel, appropriate maintenance personnel, waiters and waitresses, and secretaries, or any other natural person whose employment duties require or authorize access to restricted gambling establishment areas. Applications for cardroom work permits shall be submitted under oath and contain the past criminal record, if any, of the applicant, and such information as may be deemed necessary by the Chief to determine whether the applicant is a proper person to be issued a cardroom work permit. The application also shall be accompanied by fingerprints, a recent photograph of the applicant and an amount equal to any fingerprint processing fee required by the City. (2) A cardroom work permit shall not be issued to any person who would be disqualified from holding a State gambling license for the reasons specified in paragraphs (a) through (g), inclusive of subdivision (a) of Section 19859 of the Act, or regarding whom the Division of Gambling Control of the State of California has filed an objection to the City. (3) The Director of Administrative Services or designee may deny issuance of cardroom work permit for any further cause deemed reasonable by the Director. The action of the Director denying a cardroom work permit on the basis of this section shall be subject to appeal to the City Council. Notice of such appeal shall be filed with the City Clerk within ten (10) days after the notice of denial of the permit. Upon failure to file notice of appeal within the ten (10) day period, the action of the Director denying the permit shall be final and conclusive. (4) Cardroom work permits shall be prominently displayed in the cardrooms by any cardroom employees when they are working. (5) Each application for a cardroom work permit shall be accompanied by a fee as established by City Council resolution. The fee shall not be returned in the event that the permit is refused, revoked, or suspended, as provided in this chapter. The permit shall be valid for one (1) year from the date of issue; however, it may be prorated quarterly. The date of expiration shall be prominently displayed on the face of the permit. (6) The holder of a cardroom work permit shall not be restricted as to place of employment. Ordinance No. 670 Exhibit A (7) A statement shall be signed by the applicant stating that the applicant understands and agrees that the application shall be considered by the Director of Administrative Services after a full investigation and reports, including any available criminal and arrest and conviction offender information, have been made by the Chief of Police and other City officials or authorized representatives. A statement shall be signed by the applicant stating that the applicant authorizes the City or authorized agents to update the investigation and background information on an annual basis if the application is approved. (f) Permit Revocation or Suspension. The Director may revoke or suspend, and take possession of any cardroom work permit issued under this chapter, upon any violation of the provisions of this chapter. The action of the Director shall be subject to appeal to the Council. Notice of such appeal shall be filed with the City Clerk within ten (10) days after notice of the revocation or suspension action. Upon failure to file notice of appeal within the ten (10) day period, the revocation or suspension of the cardroom work permit shall be final and conclusive. (ge) Revocation of Licenses. The City Council shall have the right to revoke any cardroom license when the possessor thereof has violated, or permitted the violation of, any of the terms of this chapter. The City Council may also revoke any cardroom license when the business being operated is not being conducted in accordance with the public health, safety or welfare or when, in the discretion of the City Council, it is found that the continued operation of such business will create or is creating a policy problem for the City. Prior to revoking any cardroom license, the City Council shall cause to be served on the applicant a notice of its intention to do so at least five (5) days prior to the date upon which it intends to consider the matter of such revocation, and also stating the right of the licensee to appear before the City Council and to show cause why such license should not be revoked. The decision of the City Council with respect to such revocation shall be final. (hf) Attendance by Minors. No person under the age of twenty-one (21) shall be employed in or allowed to frequent, remain in or visit any room or premises wherein is conducted or operated any card table licensed under the provisions of this chapter. (ig) Patron Security and Safety in and Around a Cardroom Establishment. (1) Each applicant for a cardroom license, at the time of application, and annually thereafter, at the time of cardroom license renewal, shall present a plan for security and safety of patrons of the cardroom in and around the cardroom establishment. The plan shall set forth such provisions as are necessary to ensure the safety and security of patrons, including measures taken or instituted to avoid follow-home robberies. The holder of a cardroom license shall be liable for the safety and security of patrons to the fullest extent under the law. Any effort on the part of a cardroom licensee to limit such liability shall be clearly posted in such a manner as to give adequate notice to patrons. The plan shall include a detailed summary of all known incidents involving or affecting patron security and safety in and around the cardroom establishment for the preceding year. (2) The Chief of Police or designee may require, in his or her discretion, all cardroom licensees to implement reasonable security measures to insure the safety of patrons including, but Ordinance No. 670 Exhibit A not limited to, hiring private uniformed security guards. If security guards are required, the Chief of Police shall determine the number and hours of coverage. (3) During all hours of operation, doors at the cardroom establishment shall be unlocked and accessible to the general public and open to police inspection. Cardrooms shall be located and so arranged that card tables and the players at the tables are plainly visible from the door opening of the cardroom when the door is opened. No wall, partition, screen, or similar structure between the front door opening and any card table located in the cardroom shall be permitted if it interferes with such visibility. (jh) Transfer and Assignment. Any transfer or assignment of any license shall be considered for all purposes in the same manner as a new application for a cardroom license in the City, and all the provisions of this chapter applicable to new and original applications shall apply. (ki) Annual Fee. Licenses shall be issued on an annual basis. The annual license fee, payable each fiscal year beginning July 1, 2006, shall be established by resolution of the City Council. The fees shall be payable to the City after the Council has approved the issuance of the license but prior to the issuance of the license. The operator of a cardroom shall pay the license fee set forth in this section regardless of the license fees he or she might pay for other businesses. If the same person operates two (2) or more cardrooms, he or she shall pay on each cardroom the license fee set forth in this section and shall have a separate license for each cardroom. (lj) Police Access to Premises. The City Council finds that it is necessary and in the public interest that law enforcement officers have access to any premises in which a card table is being operated under the terms of this chapter. Any premises for which a license has been issued under the provision of this chapter shall be deemed to constitute a public place, and all police officers and peace officers shall at all times have access thereto during business hours. (mk) Hours of Operation. Unless the hours of operation for a cardroom are restricted in the cardroom permit, a cardroom may operate twenty-four (24) hours per day. Each permittee shall clearly post the hours of operation of the cardroom so as to provide law enforcement and cardroom patrons adequate notice of the hours of operation. If alcohol is served on the premises (with the proper licenses from the Department of Alcohol Beverage Control), all alcoholic beverages shall cease being served between the hours of 2:00 a.m. and 6:00 a.m. each day. (nl) Bets or Wagers. There is no limit on the amount of a single bet or wager unless the cardroom posts notice of a limit. Cardrooms shall establish wagering limits in accordance with such limitations as may be set from time to time by the State of California and the City of Atascadero. The City of Atascadero may set wagering limits by resolution adopted by the cCity cCouncil. Wagering limits, or a notice of no limit, shall be clearly posted to give patrons adequate notice of the rules related to wagering. (1) No cardroom owner, operator, or employee shall permit any of the following: Ordinance No. 670 Exhibit A (i) Bets made by any owner, operator, or employee while on duty when any member of the general public is waiting to play in an approved game. (ii) Bets made by a shill or dummy player. (2) Wagering at any table shall be limited to table stakes. No side bets shall be permitted. Table limits shall be posted in a location observable from the table. The cardroom shall set individual table stake limits, not to exceed the wagering limit. Table limits may be changed with not less than thirty (30) minutes notice to the patrons. (om) Penalties for Violations. Any violation of this chapter shall constitute a misdemeanor, and any person found guilty thereof shall, upon conviction or plea of guilty, be punished by a fine pursuant to Chapter 3 of Title 1 of the Municipal Code or by imprisonment in the jail of the City, or in the jail of the County of San Luis Obispo, for not more than three (3) months, or by both such fine and imprisonment, and when a fine is imposed the judgment may direct that the defendant be imprisoned in the county jail until such fine is satisfied at the rate established by the county. (pn) Severability. If any section, subsection, sentence, clause, phrase or portion of this section is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this section. The City Council of the City of Atascadero hereby declares that it would have adopted this section and each subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any one (1) or more subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional. Ordinance No. 670 Exhibit A 9-1.110 Public Hearings When a public hearing before the Design Review Committee, Planning Commission, or the City Council is required by this title, such hearing shall be conducted as follows: (a) Notice of Hearing. Notice of a public hearing shall include the time and place of the hearing, a general description of the request, the location of the site, and any additional information which the Planning Director deems appropriate. Such notice shall be given at least ten (10) days before the hearing by first class mail with postage prepaid to all persons whose names and addresses appear on the last equalized assessment roll as owning property within three hundred (300) feet from the exterior boundaries of the parcel which is the subject of the hearing, except for projects in the RS zoning district which shall require that notices be sent to all such properties within a one thousand feet (1000) from the exterior boundaries of the project site. Such notice shall also be published at least once at least ten (10) days before the hearing in a newspaper of general circulation, published and circulated in the City, or if there is none, it shall be posted in at least three (3) public places in the City. (1) If the number of notices required is greater than one thousand (1,000), as an alternative to the notice required by Section 9-1.110(a), such notice shall be given at least ten (10) days prior to hearing by placing a display advertisement of at least one-fourth (1/4) page in a newspaper of general circulation in the City or by placing an insert with any generalized mailing by the City, such as billing for City services, to property owners in the area required to be notified. (2) Persons filing a written request to receive any such notice shall be given notice by first class mail, A fee may be charged to recover the cost of such mailing. (b) Scheduling of Hearing. When an application has been accepted as complete for processing, received staff review, and a recommendation on the Environmental Determination or Environmental Impact Report has been completed, it shall be scheduled for public hearing on the next available Planning Commission agenda reserved for such matters. Appeals shall be scheduled on the Planning Commission or City Council agenda, as applicable, within thirty (30) days of receipt of the appeal. A public hearing on an application or appeal may be continued to a date specific without providing additional notice. 9-1.111 Appeal. Decisions of the Planning Department or Planning Commission may be appealed by an applicant, any aggrieved person, the Planning Commission, or the City Council, and/or individual members of the Planning Commission or City Council. Decisions of the Planning Commission may be appealed by an applicant, any aggrieved person, or the City Council, and/or any individual member of the City Council. An appeal shall be filed in writing, setting forth the reasons for the appeal. An appeal shall be accompanied by any fees required. Appeal fees shall not be required for appeals initiated by the Planning Commission, or City Council, or any individual members thereof. Ordinance No. 670 Exhibit B When an appeal has been filed, accompanied by required fees, the Planning Director will prepare a report on the matter and determine a hearing date for the appeal for consideration by the appropriate body within thirty (30) days of receipt of the appeal. The hearing body may affirm, affirm in part, or reverse the action, decision or determination which is the subject of the appeal, based upon findings of fact regarding the particular case. Such findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with the provisions of this title. Appeals relating to matters which are resolvable through adjustment, variance or amendment of this title shall be processed according to the procedures of Sections 9-1.112, 9-1.113, 9-1.114 and 9-1.115, respectively. (a) Planning Department Actions. Determinations on the meaning or applicability of the provisions of this title which are believed to be in error, and cannot be resolved with staff, and any decision of the Planning Department to approve or deny an application may be appealed to the Planning Commission. The Planning Department shall provide the Planning Commission and City Council with notification of its actions. Appeals, accompanied by required fees, shall be filed with the Secretary of the Planning Commission within fourteen (14) days after the decision of the Planning Department. The appeal will be decided by the Planning Commission following a public hearing conducted in accordance with Section 9-1.110. (b) Planning Commission Decisions. Any decision of the Planning Commission may be appealed to the City Council by filing a letter of appeal accompanied by required fees with the City Clerk within fourteen (14) days of the action of the Planning Commission. The Planning Department shall provide the City Council with notification of Planning Commission actions. Appeals will be decided by the City Council following a public hearing conducted pursuant to Section 9-1.110. 9-3.230 Agriculture and residential district allowable land uses. Table 3-1 identifies the uses of land allowed this Zoning Code in each agriculture and residential district, and the planning permit required to establish each use, in compliance with Section 9-1 and Section 9-2 of this code. Where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this article may also apply. Ordinance No. 670 Exhibit B Table 3-1 – Agriculture and Residential Land Uses Allowed Land Uses and Permit Requirements Agriculture/Residential Zones A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit CUP Conditional Use Permit Required Not Permitted Permitted Uses By Zone Special Use Regulation(s) A RS RSF LSF RMF Natural Resources and Processing Resource Extraction CUP CUP 9- 6.147— 9.6- 161 Residential Uses Multifamily Housing A 9-3.175 Manufactured Home/Mobile Home A A A A A 9-6.143 Mobile Home Parks CUP CUP CUP CUP 9-6.142, 9- 6.143 Organizational Houses CUP CUP CUP CUP 9-3.175 Residential Accessory Uses A A A A 9-6.106 Single-Family Dwelling A A A A 9-6.143, 9- 6.184 Secondary Residential Units A A A 9.5 Temporary Dwelling A A A A 9-6.175 Recreation, Education, and Public Assembly Churches and Related Activities CUP CUP CUP CUP 9-6.121 Parks and Playgrounds AUP AUP AUP AUP Schools CUP CUP CUP CUP 9-6.125 Schools – Business and Vocational CUP CUP CUP CUP 9-6.125 Temporary Events A A A A A 9-6.177 Tourism, Lodging, and Dining Bed and Breakfast CUP CUP CUP CUP Services-Professional Day Care – Small Family Day Care Home A A A A 9-6.125 Day Care – Large Family Day Care A A A A 9-6.125 Child Care Center CUP CUP CUP CUP 9-6.125 Kennels CUP CUP 9-6.111 Medical Extended Care Services, 6 Clients or Less A A A CUP 9-6.134 Ordinance No. 670 Exhibit B Agriculture/Residential Zones A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit CUP Conditional Use Permit Required Not Permitted Permitted Uses By Zone Special Use Regulation(s) A RS RSF LSF RMF Medical Extended Care Services, 7 Clients or More CUP CUP CUP CUP 9-6.134 Residential Care, 6 Clients or Less A A A A 9-6.135 Residential Care, 7 Clients or More CUP CUP CUP CUP 9-6.135 RCFE – Assisted Living, 6 Clients or Less A A A A 9-6.135 RCFE – Assisted Living, 7 Clients or More CUP CUP CUP CUP 9-6.135 RCFE – Independent Living Center/Senior Apartments CUP RCFE – Retirement Hotel CUP Transportation, Infrastructure and Communication Pipelines Utility Infrastructure CUP CUP CUP CUP CUP Utility Transmission Facilities A A A A A Wireless Communication Facilities CUP CUP CUP CUP CUP Zoning Districts Abbreviations A – Agriculture LSF – Limited Single-Family Residential RS – Residential Suburban RMF – Residential Multifamily RSF – Residential Single-Family Residential 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. Ordinance No. 670 Exhibit B Table 3-2 – Nonresidential Use Table Allowed Land Uses and Permit Requirements Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Accessory Storage A4 CUP 4 A4 CUP 4 CUP 4 A4 A4 9-6.103 Adult Day Care Facility A A A CUP Adult Oriented Business A A A A 9-16 Age Restricted Housing CUP Agricultural Produce Stands A A A A 9-6.117 Amusement Services A A A A A A Animal Hospitals CUP7 CUP A CUP 9-6.110 Artisan Foods and Products A A A A5 A A ATM A A A A A A A A A A Auto Dealers (New and Used) and Supplies CUP CUP CUP CUP CUP 9-6.163 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 – Production CUP CUP A A Broadcast Studios A A Building Materials and Hardware w/ outdoor sales or storage area 10,000 sf or greater CUP CUP CUP CUP CUP CUP 9-6.165 Building Materials and Hardware w/ outdoor sales or storage area less than 10,000 sf A A A A A A 9-6.165 Business Support Services A A A A A A A A Ordinance No. 670 Exhibit B Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Caretaker’s Residence/ Employee Unit CUP CUP CUP 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) A A A A Contract Construction Services (Outdoor) 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 10,000 sf or greater CUP CUP CUP CUP CUP Farm Equipment and Supplies w/ outdoor storage or sales area less than 10,000 sf A A A A A 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 sf CUP CUP CUP CUP CUP CUP CUP Government Offices and Facilities A A A A A A CUP9 A A A Health Care Services A A A CUP A CUP9 A Ordinance No. 670 Exhibit B Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Horticultural Specialties w/ outdoor storage or sales area 10,000 sf or greater CUP CUP CUP CUP CUP CUP CUP 9-6.116 Horticultural Specialties w/ outdoor sales or storage area less than 10,000 sf A A A A A 9-6.116 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 Care CUP8 CUP8 9-6.125 Large Scale Ag Manufacturing CUP CUP A 9-6.103 Laundries and Dry Cleaning Plants A A A A Laundromat/Coin- Operated Laundry CUP CUP CUP CUP CUP CUP A A Libraries, Museums A A A A A A Live/Work Unit A1 Manufacturing and Processing – High Intensity4 CUP CUP AUP AUP Manufacturing and Processing – Low Intensity CUP CUP A A A A Medical Extended Care Services: 6 Residents or Less CUP CUP CUP CUP CUP CUP 9-6.134 Medical Extended Care Services: 7 Residents or More CUP 9-6.134 Medical Research CUP A A CUP A A Membership Organizations A A CUP CUP Microbrewery – Brewpub A CUP A A A A A A A A Mini-Storage CUP CUP A A Ordinance No. 670 Exhibit B Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Mobile Eating and Drinking Vendors6 A A A A A A A A Mixed-Use Development CUP1 CUP1 CUP1 CUP1 A1 A1 Mortuary Services A A A A Multifamily Dwelling CUP2 CUP2 CUP2 CUP2 A1 A1 Offices A A A A A A CUP9 A Outdoor Recreation Services CUP CUP A AUP 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 Publishing CUP CUP A4 A4 A4 Public Assembly and Entertainment CUP CUP A CUP CUP RCFE – Assisted Living CUP 9-6.135 RCFE – Independent Living/Senior Apartments CUP CUP CUP 9-6.135 RCFE – Retirement Hotel CUP CUP CUP 9-6.135 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 Residents or Less A2 A2 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 Ordinance No. 670 Exhibit B Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Schools – Business and Vocational A A A A CUP CUP CUP CUP 9-6.125 Service Stations CUP CUP CUP CUP 9-6.164 Single-Family Dwelling A1 A1 Single-Room Occupancy Units CUP 9-6.184 Small Family Day Care A8 A8 A8 A8 A8 Social and Service Organizations A A A Sports Assembly CUP CUP A Storage, Recycling and Dismantling of Vehicles and Material CUP CUP CUP 9-6.131 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 A/ CUP3 CUP A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 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 Towing Services10 CUP A10 A10 9-6.167 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 (Indoor)4 A CUP A4 A4 9-6.183 Vehicle and Equipment Storage (Outdoor)4 CUP 4 CUP4 CUP4 9-6.183 Vehicle and Freight Terminals CUP CUP CUP Warehousing CUP CUP A A Wholesaling and Distribution Center4 AUP AUP A4 A4 A4 A4 Winery – Boutique A4 A4 A4 A4 A4 A4 A4 Ordinance No. 670 Exhibit B Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I 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 comply with the Americans with Disabilities Act and does not have an elevator, one accessible unit may be located on the ground floor in conjunction with commercial space and shall not exceed the greater of: • 500 sf; or • 10% of the size of the ground floor commercial space not to exceed 1,000 sf. 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 on ground floor south of Atascadero Creek. 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. Ordinance No. 670 Exhibit B 10 Outdoor storage of towing related vehicles, towed vehicles, or accessory storage (other than an approved parking lot for employees or fleet vehicles) over eight thousand (8,000) square feet shall require 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. 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 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. Ordinance No. 670 Exhibit B Development Feature Requirement by Zoning District DC DO 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 insets designed to accommodate outdoor eating and seating areas, and except for East Mall between El Camino Real and Palma Avenue, where a minimum of 20 feet is required. As required by Section 9- 4.106 when adjacent to a residential zone, none required otherwise. Sides (each) None required Rear None required Creek To be determined through Design Review Height limit 45 feet not to exceed 3 stories; 18 feet on the west side of El Camino Real between Atascadero Creek and the lot line common to Lots 19 and 20, Block H-B, Atascadero Colony Map. 35 feet Landscaping As required by Section 9-4.124 et seq. (Landscaping, screening and fencing) Off-street parking None required, except as required by Section 9-4.114 for hotels, motels, residential uses, offices, government offices and facilities, and health care services, and for all development east of Atascadero Creek. As required by Section 9- 4.114 et seq. Signs See Chapter 9-15 Density 24 dwelling units/acre maximum 24 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. Ordinance No. 670 Exhibit B 9-3.500 Definitions. Update the following definitions: Business Support Services. An establishment or business located entirely within a building that is open to customer visitation and with limited or no storage, which provides services to other businesses including, but not limited to: • Blueprinting and reprographics, copying and quick printing services; • Computer related services, repair and rental; • Private mail and mailbox service not affiliated with Federal mailing agency; ` Large Family Day Care Home. As provided by Health and Safety Code Section 1596.78 or successor provision, a home that regularly provides care, protection, and supervision for seven (7) to fourteen (14) children, including children under the age of ten (10) years who reside in the home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away. Offices. Establishments engaged in performing a service in a professional office including: engineering, architectural and surveying services; real estate agencies; noncommercial educational, scientific and research organizations; accounting, auditing, and bookkeeping services; authors, writers, artists, etc.; advertising agencies; photography studios and small commercial art studios; employment agencies and stenographic services; reporting services; data processing and computer services; management, public relations, and consulting services; detective agencies and other similar professional services; attorneys; co-working spaces, incubator-type services that provide office-type working spaces for a fee, and counseling services provided by individuals other than licensed psychiatrists, which are included under “health care services.” Personal Services—Restricted. Service establishments providing the following uses: Examples of these uses include, but are not limited to, the following: check cashing and/or payday/same day loans; fortunetellers, psychics; palm, tarot and card readers; card rooms, billiard and pool halls as a primary use; and tattoo and body piercing services. Service Stations. Retail trade establishments primarily engaged in the sale of gasoline, which may also provide lubrication, oil change and tune-up services incidental to gasoline sales. Does not include a towing service or storage of wrecked or abandoned vehicles. Does not include uses defined as auto repair and service, or vehicle equipment storage. Temporary Events. Any use of a structure or land for an event for a limited period of time where the site is not to be permanently altered by grading or construction of accessory facilities. Events include, but are not limited to: art shows; rodeos; outdoor festivals, concerts. Does not include the temporary staging of food trucks or outdoor sales associated with existing, permitted businesses, where circulation and access is not impacted. Ordinance No. 670 Exhibit B Towing Services. An establishment that provides vehicle towing services and accessory temporary outdoor storage for the vehicles it tows, which shall only include: (1) mechanically operable/drivable, licensed vehicles that are to be claimed by titleholders or their agents; and/or (2) wrecked Motor Vehicles awaiting insurance adjustments and transport to repair shops. This term excludes: Auto Repair and Services that have a tow truck on-site; Recycling and Scrap Services; Service Stations; Impound Yards; Storage, Recycling and Dismantling of Vehicles and Material; and Vehicle and Equipment Storage. 9-4.107 Side setbacks. The side setback is measured at right angles to the side property line to form a setback line parallel to the side property line, which extends between the front and rear setback areas, or primary street and secondary street setback areas for double frontage lots. The minimum side setback is to be as follows: (a) A, RS, RSF, LSF and RMF Zones and Residential Uses in Commercial and Industrial Zones. All residential uses except for second story dwellings over commercial and industrial uses shall have a minimum side setback of five (5) feet, except as follows: (1) Common Wall Development. Any two (2) dwelling units, and/or their accessory garages, may be constructed on adjoining lots without setbacks between them provided that: (i) The setback has been eliminated through subdivision map or conditional use permit approval; (ii) A common wall or party wall agreement, deed restriction, or other enforceable restriction has been recorded; (iii) The side setbacks opposite the common wall property line are not less than two (2) times the minimum width required by this section; and (iv) Common wall construction is in compliance with the Uniform Building Code. (2) Zero Lot Line Development. A group of dwelling units on adjoining lots may be established so that all units abut one (1) side property line, provided that: (i) The setback has been eliminated for an entire block through subdivision map or conditional use permit approval; (ii) The modified setback requirements for the block are recorded as part of a land division map, deed restriction, or other enforceable restriction; (iii) The side setback shall not be eliminated or reduced on the street side of a corner lot; and Ordinance No. 670 Exhibit B (iv) Side setbacks opposite the zero setback property line are not less than twice the minimum required by this section. (3) Access Easements. All access easements shall have a minimum setback of five (5) feet, measured from the edge of the easement. (4) Additional Height for Buildings in RMF. Multifamily dwellings exceeding twenty-five (25) feet in height shall have a ten (10) foot setback for all portions of the building over twenty- five (25) feet in height. (b) CN, CP, CR, CS, CT, CPK, IP, I and P Zones. No side setbacks are required. Ground floor residential uses are subject to the setback requirements of subsection (a) of this section. (c) L and LS Zones. A minimum five (5) foot side setback is required. 9-4.108 Rear setbacks. The rear setback is measured at right angles to the rear property line to form a setback line parallel to the rear property line. (a) A, RS, RSF, LSF, and RMF Zones and Permitted Ground Floor Residential Uses in Commercial and Industrial Zones. All residential uses except for second story dwellings over commercial and industrial uses shall have a minimum rear setback of ten (10) feet, except as follows: (b) CN, CP, CR, CS, CT, CPK, IP and I Zones. No rear setback is required in commercial or industrial zones, except as follows: (1) Adjacent to an Alley. The secondary frontage setback shall be a minimum of five (5) feet, except where the alley provides vehicular access to the interior of the building, in which case the setback shall be ten (10) feet. (2) Adjacent to Residential Use Zone. Where the rear property line abuts a residential zone or use, no rear setback is required for buildings or portions of buildings which do not exceed twelve (12) feet in height within ten (10) feet of the rear property line. The rear setback shall be a minimum of ten (10) feet for buildings or portions of buildings which exceed twelve (12) feet in height. (c) L, LS and P Zones. A minimum of ten (10) foot rear setback is required. 9-4.118 Required number of parking spaces. All land uses requiring approval under this title shall provide off-street parking spaces as specified in subsections (b) and (c) of this section: Ordinance No. 670 Exhibit B (a) Use of Charts. The charts in subsection (c) of this section determine the number of parking spaces required for each use of land, as follows: (1) Uses Not Listed. For uses not specifically listed in this subsection that do not have parking requirements set by Chapter 9-6, the same parking and loading space is required as for the most similar use of equivalent intensity; except where a use not listed requires conditional use permit approval, in which case the amount of parking and loading space required shall be as determined by the Planning Commission. (2) Parking and Loading Intensity. Parking lot and loading bay intensity describes the rate of vehicle turnover in parking and loading areas. Turnover factors are assigned to each use by the charts in subsection (c) of this section. High intensity areas have rapid turnover; medium intensity areas are those where vehicles are parked from two (2) to four (4) hours; low intensity areas have minimum turnover and few repeat users, such as long-term and employee parking lots. Loading bay intensity is used in Section 9-4.121. (3) Mixed Use Sites. Where a site contains more than one principal land use (such as a shopping center), the amount of parking required shall be the total of that required for each individual use, except as otherwise provided by Section 9-4.115. (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 (2,000) 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. (i) Active Use Area. All developed areas of a site and buildings except storage, parking and landscaping. (ii) Floor Area. Gross floor area within buildings. (iii) Site Area. Gross site area. (iv) Use Area. All developed areas of a site and buildings, except parking and landscaping. (v) Number of Spaces. Where subsection (c) sets parking requirements based on building area (square footage), site or use area, the number of spaces is to be as set forth for each footage increment specified or fraction thereof. Ordinance No. 670 Exhibit B (b) Company Vehicles. Commercial or industrial uses shall provide one parking space for each company vehicle which is parked on the site during normal business hours. Such space may be located within a building. (c) Parking Requirements by Land Uses. (1) Agricultural Uses. Except for the specific uses listed in this subsection, improved off- street parking and loading spaces are not required for an agricultural use, as long as sufficient usable area is provided to meet the parking needs of all employees, visitors and loading activities entirely on the site of the use. Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Ag. processing: packing and processing 1 per 1,000 s.f. of use area Low High Wineries 1 per 1,000 s.f. of active use area and 1 per 3,000 s.f. of storage, and 1 per 100 s.f. of tasting room Low / Medium High Animal husbandry, farm equipment and supplies 1 per 500 s.f. of floor area, and 1 per 1,000 s.f. of outdoor use Low Low (2) Communication Uses. Broadcasting studios are to provide parking as required for offices (see subdivision (8) of this subsection). Transmission facilities are not required to have identified spaces, as long as sufficient usable area is provided to meet the parking needs of all employees entirely on the site of the use. (3) Cultural, Educational, and Recreation Uses. Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Active Recreation Facilities Amusement parks/fairgrounds 1 per 75 s.f. of use area Medium Medium Arcades (games) and billiards 1 per 100 s.f. of floor area Medium N.A. Bowling alleys 4 per lane Medium Low Dance clubs 1 per 25 s.f. of dance floor Medium N.A. Dance studios 1 per 200 s.f. of floor area Low N.A. Golf courses 5 per hole plus any required for clubhouse uses Low N.A. Ordinance No. 670 Exhibit B Golf driving ranges (separate from golf courses) 2 per tee Low N.A. Miniature golf 2 per hole Medium N.A. Skateboard parks 1 per 500 s.f. of use area Medium N.A. Skating rinks 1 per 400 s.f. of use area Medium N.A. Swimming pools (public or member) 1 per 100 s.f. of pool area, and 1 per 300 s.f. of deck area Medium N.A. Tennis courts, racquetball 2 per court Medium N.A. Libraries 1 per 500 s.f. Medium N.A. Public Assembly Exhibit facilities (including museums) 1 per 150 s.f. of exhibit floor High Low Seated spectator facilities (including a church, theater, other auditoriums and meeting halls, sports assembly) 1 per 4 fixed seats, or 1 per 40 s.f. of spectator area if seats not fixed High Low Schools Preschools, day care As required by Section 9-6.125. Elementary and high school As required by Section 9-6.125. Business and vocational As required by Section 9-6.125. College and University As determined by Planning Commission (4) Manufacturing and Processing Uses. Parking lot turnover is low; loading by intensity is medium. Parking spaces are required as follows: (i) One (1) space per five hundred (500) square feet of active use area within a building; and (ii) One (1) space per one thousand (1,000) square feet of storage area within a building; and (iii) One (1) space per two thousand (2,000) square feet of outdoor active use area; and (iv) One (1) space per five thousand (5,000) square feet of outdoor storage area. (5) Residential Uses. Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Ordinance No. 670 Exhibit B Single-family dwellings (including mobilehomes) 2 per dwelling, except 1 per dwelling is required where the site is less than 4,000 s.f. in area N.A. N.A. Multifamily dwellings (including condominiums and other attached ownership dwellings) Residential Parking Low N.A. 1 b.r. unit: 1.5 spaces 2 b.r. unit: 2.0 spaces each additional bedroom: 0.5 space Guest Parking 1 space per 5 units, or fraction thereof Group quarters (including boarding houses, rooming houses, dormitories, and organizational houses) 1 per bed, plus Low N.A. 1 per eight beds (6) Resource Extraction. No improved parking is required, provided that sufficient usable area is available to accommodate all employee and visitor vehicles entirely on the site. (7) Retail Trade Uses. Parking required for a retail use shall be a minimum of two (2) spaces for each use or separate tenancy, except where more spaces are required as follows: Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Auto and vehicle dealers 1 per 400 s.f. of showroom, 2 per service bay, 1 per 3,000 s.f. of outdoor use area Medium Medium Building materials and hardware, nurseries 1 per 500 s.f. of floor space, 1 per 3,000 s.f. of outdoor use area Medium Medium Eating and Drinking Places Restaurants and bars (on-site consumption. With dancing facilities, are also to meet dance club parking requirements) Customer Spaces High Medium 1 per table, 1 per 2 counter stools, plus Employee Spaces 1 per 6 tables, 1 per 100 s.f. of kitchen Fast food (includes drive-ins. If patron tables provided, use must 1 per 25 s.f. of kitchen High Medium Ordinance No. 670 Exhibit B also meet restaurant customer space requirement) Food and beverage retail sales 1 per 200 s.f. of floor area, 1 per checkstand High Medium Furniture, home furnishings and equipment 1 per 500 s.f. of sales area, 1 per 1,000 s.f. of storage area Low Medium General merchandise stores 1 per 300 s.f. of sales area, 1 per 600 s.f. of storage area Medium Low Mail order and vending 1 per 1,000 s.f. of use area Low Low (8) Service Uses. Parking required for a service use is to be a minimum of two (2) spaces for each use or separate tenancy, except where more spaces are required as follows: Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Auto repair and service 4 per service bay, 1 per 1,000 s.f. of outdoor active use area Medium Low Equipment rental 1 per 500 s.f. of floor area, 1 per 2,000 s.f. of outdoor use area Medium Low Copying and reproduction 1 per 400 s.f. of floor area Medium Low Contract construction services 1 per 500 s.f. of floor area Low Low Correctional institutions As determined by Planning Commission Financial services 5 per teller window, 3 per service desk High Low Health care 1 space per 200 s.f. of floor area High Low Hospitals 1 per bed, 1 per office space High Low Laundries and Dry Cleaning Plants 1 per 1,000 s.f. of floor area, plus 2 per office space Low High Pick-up 2 per check stand High Low Offices Accounting, advertising, agencies, architecture, government, insurance, law, offices, real estate 1 per 400 s.f. Medium N.A. Other offices 1 per 500 s.f. of floor area Low N.A. Photography studios, commercial art studios 1 per 400 s.f. of floor area Low N.A. Ordinance No. 670 Exhibit B Post offices 5 per service window, 1 per 500 s.f. of floor area other than customer area High High Personal Services Barbershops 2 per chair Medium N.A. Beauty shops 3 per chair Medium N.A. Dry cleaners 1 per 500 s.f. of floor area Medium Low Funeral and crematory services 1 per 4 seats in each assembly room, 2 per office or 1 per 40 s.f. of floor area in assembly rooms, whichever is greater Medium Medium Health spas 1 per 300 s.f. of floor area Medium N.A. Laundromats 1 per 2 washers High N.A. Other personal services 1 per 500 s.f. of floor area Medium N.A. Public safety facilities As determined by Planning Commission Repair service (consumer) 1 per 400 s.f. of floor area Low Low Waste disposal site As determined by Planning Commission (9) Transient Lodgings. Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Hotels, motels 2 spaces, plus 1 per unit, plus 1 per 10 units High Low (10) Transportation Uses. Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Public utility terminals None, provided sufficient usable area is available to accommodate all employee and visitor vehicles entirely on-site Low Low Transit stations and terminals 1 per 20 s.f. of waiting area, 1 per 300 s.f. of office space; additional spaces as required for accessory uses (restaurants, etc.) High High Truck stops 1 per 1,000 s.f. of use area for first 5,000 s.f., 1 per 3,000 s.f. of use thereafter Medium High Ordinance No. 670 Exhibit B Vehicle and freight terminals 2 per loading bay, 1 per 300 s.f. of office space High High Vehicle storage None, provided sufficient usage area is available to accommodate all employee and visitor vehicles entirely on-site Low Low (11) Wholesale Trade. Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Warehousing Commercial storage 1 per 2,000 s.f. of use area for first 10,000 s.f., 1 per 5,000 s.f. of use area thereafter Low High Ministorage 2 spaces for manager office Low Low Wholesaling and distribution 1 per 1,000 s.f. of use area for first 10,000 s.f. of use area, 1 per 3,000 s.f. of use thereafter Low High 9-4.123 Driveway standards for single-family residential uses. Driveways for single-family residences shall be improved as follows in order to make adequate provision for access including that necessary for emergency vehicles: (a) Surfacing. Private driveways with an average slope of twelve (12) percent or more shall be surfaced with asphalt or concrete while private driveways with an average slope of less than twelve (12) percent shall be provided with an all-weather surface. No driveway shall be allowed to exceed an average slope of twenty (20) percent unless adjusted (Section 9-1.112) upon a determination that no other feasible alternative is available. Plan and profile drawings may be required by the Planning Director in order to determine the average slope. (b) Width. Private driveways shall have a minimum width of twelve (12) feet. (c) Vertical Clearance. Private driveways shall have a vertical clearance of fourteen (14) feet. 9-4.128 Fencing and screening. Standards for fencing and screening are established by this section to protect certain uses from intrusion, to protect the public from uses that may be hazardous, and to increase compatibility between different land uses by visual screening. Fencing is the enclosure of an area Ordinance No. 670 Exhibit B by the materials identified in subsection (c) of this section. Screening is the enclosure of an area by a visual barrier, which may include solid fencing or other materials, as specified in subsection (c) of this section. (a) Fencing and Screening—Where Required. Within the urban services line, the uses and areas listed in this subsection shall be fenced and/or screened, as indicated. Unless otherwise specified, fencing and screening are to be a minimum height of six (6) feet. Fencing and screening materials of a height greater than three (3) feet shall not be located within a required primary, secondary, or corner street setback. (1) Utility and Mechanical Equipment. When located outside of a building, support equipment, including all roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems, but not including plumbing or exhaust vents, or chimneys, shall be screened to the height of the particular piece of equipment, as follows: (i) Roof-Mounted Equipment. To be screened by architectural features from the view of abutting streets. (ii) Equipment at Grade. All exterior support equipment shall be screened or incorporated into the design of buildings so as to minimize visual impact from the public right-of-way or adjacent residential zones. Screening materials shall be consistent with the exterior colors and materials of the building or shall include evergreen landscaping that will grow to fully screen the equipment within 6 months of installation. This subsection does not apply to single-family residential uses. (a) The Design Review Committee (DRC) may grant an exception to these requirements. In granting a request for an exception, the Design Review Committee (DRC) shall find that screening is infeasible due to health and safety or utility requirements. (2) Outdoor Storage. To be screened on all sides by a wall or fencing. (3) Public Utility Substations. To be screened on all sides in a manner that will provide an effective visual barrier as well as the necessary safety clearances required by order of the California Public Utilities Commission. (4) Side and Rear Lot Lines. The side and rear property lines of all nonresidential uses are to be screened as follows: (i) Adjacent to a Residential Use or Zone. A solid wall or fencing shall be located on side and rear property lines of any nonresidential or nonagricultural use abutting a residential use or zone. (5) Swimming Pools. Yard areas with private swimming pools must be constructed per building code requirements. Ordinance No. 670 Exhibit B (b) Exceptions to Fencing and Screening Requirements. (1) Buildings Abutting Property Lines. Required screening or fencing may be omitted along any lot line where a building wall exists immediately abutting the lot line. (2) Location Adjustment. Where property fencing or screening is required, the location may be adjusted by approval of an administrative use permit (refer to Section 9-1.112 of this title), so the fencing may be constructed at or within the setback line, provided the areas between the fence and the property lines are landscaped, or in rural areas, retained in their natural vegetative state. (3) Planning Commission Modification. Any of the requirements of this section may be waived or modified through conditional use permit approval, provided the Planning Commission first finds that specifically identified characteristics of the site or site vicinity would make required fencing or screening unnecessary or ineffective. (c) Standards for Fencing and Screening Materials. All fencing and screening shall be allowed as follows: (1) Height. Fence and screen height shall be permitted as follows: (i) RS/RR/RSF-Z/RSF-Y (with One (1) Acre Net or Larger) Zones. a. Fencing within a required street setback may be up to five (5) feet in height, provided that the top two (2) feet remain a minimum of eighty percent (80%) visibility. The fence shall not impair safe sight distance for vehicular traffic nor result in any other potential adverse impact on human health and safety (refer to engineering standard: Minimum Sight Distance for Driveways and Intersecting Roads with Stop Control). b. Fencing associated with agriculture type activities, including, but not limited to, “deer fencing” and other fencing that is a minimum of eighty percent (80%) visible may be up to seven (7) feet in height. Chain link fencing, wrought iron fencing, and any other decorative type of fencing is not considered “agriculture” type fencing for the purposes of this subsection. c. Fencing within a required side or rear setback may be a maximum of six (6) feet in height. (ii) RSF-Y (Less Than One (1) Acre Net) /RSF-X/LSF-Z/LSF-Y/LSF-X/RMF-10/RMF- 20. a. Fencing within a required primary, secondary, or corner street setback can be a maximum of four (4) feet in height. b. Fencing within a required side or rear yard setback shall be a maximum of six (6) feet in height. Ordinance No. 670 Exhibit B (iii) Residential Gates. a. Gates are permitted in single-family residential zoning districts for private driveways. b. Gates shall be setback a minimum of twenty (20) feet from the right-of-way in accordance with engineering standards. c. Gates shall be a maximum of twelve (12) feet in height and shall remain residential in nature. d. Gateposts and other superstructures over site entrances and exits may be up to twelve (12) feet in height. e. Gates shall comply with emergency access standards. f. Gates shall not swing open toward the street unless the maximum swing is not closer than sixteen (16) feet from the edge of the right-of-way. g. Gates or associated structures shall comply with minimum sight-distance standards. h. A construction permit shall be required for all gates that exceed six (6) feet in height or contain electrical components. (iv) Height Measurement. Fence height shall be measured from the adjacent grade of the downhill side of the wall, fence, or hedge. a. Where fences or walls are located on retaining walls or berms, the height of the retaining wall or berm shall be considered as part of the overall height of the fence or wall if the retaining wall or berm exceeds two (2) feet in height. b. If a retaining wall is terraced and separated by five (5) feet of horizontal space or greater, they shall be considered individual walls for the purposes of measuring height. (v) CN/CP/CR/CS/CT/CPK/DC/DO. a. Barbed wire/ razor wire/ concertina wire shall not be located in commercial zones. This does not apply to agricultural fencing utilized in a low height four (4) feet in height or less within a rural setting to enclose livestock. (vi) IP/I zones. a. Barbed, razor, or concertina wire is subject to approval of the Design Review Committee (section 9-2.107) if findings can be made that it will not negatively impact the health and welfare of the surrounding area and its appearance is consistent with surrounding properties and land uses. Ordinance No. 670 Exhibit B (2) The Design Review Committee (DRC) may grant an exemption to the front setback fencing requirement to a maximum of six (6) feet in height if proposed fence would be consistent with the neighborhood character and does not impair site distance for vehicular traffic, as reviewed by the City Engineer. (3) Permit to Exceed Height. A minor conditional use permit approval is required where fencing is proposed to be greater than six (6) feet in height within or outside any required setback, with the exception of fencing described in subsection (c)(1)(i)(b) or subsection (c)(1)(ii)(a). (4) Screening Materials Substitution. Where screening is required to be a solid wall or fence, the following materials may be substituted subject to the approval of the Community Development Director, except where screening is required adjacent to a residential use or zone: (i) Landscape Screen. Screening plant materials may be substituted for a wall or fence, where: a. Notwithstanding section 9-4.128(a)(1)(ii), proposed plant materials are certified in writing by a registered landscape architect as having the capability of achieving sixty percent (60%) of total view blockage within eighteen (18) months of planting, and one hundred percent (100%) of total view blockage within thirty-six (36) months of planting; and b. The applicant agrees in writing to install solid fencing after the expiration of thirty-six (36) months, in the event that the landscaping has not totally blocked the view of areas required to be screened. (ii) Berms. A landscaped berm may be substituted for a wall or fence, provided that the combination of berm and landscaping is no less than the required height of the fence or wall, and that the berm is constructed with a maximum slope of three to one (3:1), with side slopes designed and planted to prevent erosion, and with a rounded surface a minimum of two (2) feet in width at the highest point of the berm, extending the length of the berm. The berm shall be planted with shrubs, lawn or groundcover. (iii) Chain-Link Fencing. Vinyl-coated, chain-link fencing with evergreen landscape screen planting may be substituted for a solid wall or fence in commercial and industrial zones, except where screening fencing is required adjacent to residential uses and zones 9-6.105 Home occupations. An accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods or services is subject to the standards of this section. (a) Appearance, Visibility and Location. The standards of this section determine what physical changes may occur in a dwelling unit to accommodate a home occupation and where on a residential site a home occupation may be conducted. Ordinance No. 670 Exhibit B (1) Changes to the Dwelling. The home occupation is not to change the residential character of the outside appearance of the building, either: (i) By the use of colors, materials, lighting, signs or by the construction of accessory structures or garages visible from off-site and not of similar character as the residence; or (ii) By the emission of noise, glare, flashing lights, vibrations or odors not commonly experienced in residential areas. (2) Display of Products. The display of home occupation products for sale, in a manner visible from the public street or adjoining properties, is prohibited. (3) Outdoor Activities. On sites of less than one (1) acre, the use shall be conducted entirely within a principal or accessory structure except instructional activities that may be performed outdoors. Outdoor storage of materials related to the home occupation is allowed only on parcels one (1) acre or larger (except as otherwise provided by Section 9-6.103), where such storage is to be screened from view of any street or adjacent property. (4) Use of Garage or Accessory Structure. The use of a garage or accessory structure is allowed subject to Section 9-6.106, except that the conduct of the home occupation shall not preclude the use of the garage for vehicle parking unless any required replacement parking can be accommodated on site. (b) Area Devoted to a Home Occupation. The home occupation shall be incidental and subordinate to the principal use of the site as a residence. (c) Employees. No person other than members of the household residing on the premises may be employed and working on the site, except that employees, including independent contractors, partners, and similar employee-type relationships, may be permitted through administrative use permit approval (refer to Section 9-1.112) as follows: (1) The number of employees shall be unlimited, if the following criteria can be complied with: (i) The employees do not work at or report to the site of the home occupation during, or immediately before or after, the normal operating hours of the business. (ii) No additional vehicles, equipment, or outside storage shall occur at the residence as a result of the increased number of employees. (2) A maximum of two (2) employees, if the following criteria can be complied with: (i) No additional client vehicles are generated to the premises as a result of the increased number of employees. Ordinance No. 670 Exhibit B (ii) The function of the employees in working on the site is to provide direct service to the employer rather than to the clients of the business. (iii) It is necessary for the operation of the business to have the employees working at the site of the home occupation. (iv) Any additional vehicles, equipment, or outside storage can be maintained on the site in compliance with subsection (a) of this section. (v) The allowance of employees will not have any adverse effect on the surrounding residential area. (d) Hours of Operation. Hours of operation are unrestricted except that home occupations which generate sounds audible from offsite shall be limited to the hours from 7:00 a.m. to 7:00 p.m., provided that such home occupation complies with the standards of Chapter 9-14. (e) Limits on the Kinds of Home Occupations Allowable. Subject to all of the standards of this section, allowable home occupations consist of: (1) Office-type personal or business services (including personal instruction such as music lessons or contracting services not involving on-site storage of materials or equipment) that do not involve the presence of more than one (1) client vehicle at any one (1) time; (2) Handcraft or artwork production, including, but not limited to, pottery and ceramics, artistic glass or metalwork, electronic components, woodcarving and woodworking (except for mass-production operations such as cabinet shops), antique furniture restoration, painting and photography, except when such use involves on-site use of equipment requiring more than standard household electrical current at one hundred ten (110) or two hundred twenty (220) volts or that produces noise (refer to Chapter 9-14), dust, odor or vibration detrimental to occupants of adjoining dwellings; (3) The personal sale of cosmetics, personal or household products (except appliances), or other goods or products; when such sales occur on the premises of the purchaser, provided that wholesale sales may occur pursuant to subsection (f) of this section, or occur off the premises in some other approved location; and (4) Small-scale agricultural accessory uses and horticultural specialties. (f) Sale of Products. On-site retail sales of the products of a home occupation are prohibited, except: (1) Garage sales or the sale of handcrafted items and artwork produced on site are allowed not more than twice per year, for a maximum of two (2) days per sale; (2) Home distributors of cosmetics and personal or household products may supply other approved home occupation proprietors; and Ordinance No. 670 Exhibit B (3) Agricultural produce stands are permitted consistent with Section 9-6.117. (g) Signing. One (1) identification sign with a maximum area of two (2) square feet may be erected pursuant to Chapter 9-15. A commercial vehicle carrying any sign identifying the home occupation and parked on or adjacent to the residential site visible from the public street is included in determining the maximum allowable area of on-site fixed signs. (h) Parking and Traffic. Traffic generated by a home occupation is not to exceed the volume normally expected for a residence in a residential neighborhood. All parking needs of the home occupation are to be met off the street. For purposes of this section, normal residential traffic volume means up to ten (10) trips per day. This subsection does not apply to garage or handcraft sales pursuant to subsection (f)(1) of this section. (i) Oversized/ Heavy Equipment Storage. Storage of oversized equipment is limited to one item that may be stored onsite. Heavy equipment includes, but is not limited to self-propelled, self-powered or pull-type equipment and machinery, weighing 5,000 pounds or more, primarily employed for construction, industrial, and forestry uses (e.g., water tender, backhoe, mini- excavator, and SWECO tractor). Any on-site storage of heavy equipment associated with a home occupation may only be approved if the following condition are met: (1) Equipment must be entirely screened from the public right-of-way and adjacent parcels. (2) The City Engineer must determine there is adequate access and that the equipment will not unreasonably impact surrounding public streets. 9-6.106 Residential accessory uses. The standards of this section apply to the specific types of residential accessory uses and structures as listed. Standards for agricultural accessory structures are subject to Section 9-6.109. Agricultural accessory structures for the keeping of animals are subject to Section 9-6.112. (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. Ordinance No. 670 Exhibit B (2) Floor Area. The maximum gross floor area of a detached accessory structure is not to exceed one hundred percent (100%) of the gross floor area of the principal structure, up to two thousand (2,000) square feet, whichever is less. (3) Appearance and Design. An accessory structure that exceeds fifty percent (50%) of the gross floor area of the principal structure shall adhere to the following criteria: (i) Accessory structure shall not be located between the primary structure and the public roadway, unless no purpose of the location limitation is served based on the size, topography, or unique situation of the property; (ii) Accessory structure shall be compatible with the pattern of development in the neighborhood (there are similar structures on adjacent properties, and properties are of a size, nature and topography so as to not create a significant aesthetic impact); (iii) Accessory structure is compatible or complementary with the architectural style of the primary structure; (iv) The accessory structure is located on a conforming lot or a lot that is one (1) acre (net) or greater; (v) The accessory structure can be built to avoid substantial grading and the removal of significant native trees; (vi) The accessory structure does not block sunlight for adjacent properties, alter site distance for roads or driveways, nor substantially alter the visual quality of the property; (vii) The accessory structure shall be located no closer than ten (10) feet to the side property line as measured from the nearest roof eave; and (viii) The accessory structure shall be located no closer than forty (40) feet to the nearest residential dwelling on an adjacent property. (4) Exceptions. The following exceptions shall apply to the size and/or design criteria limitations: (i) The size of an accessory structure may be increased above the size limitations with an approval of an Administrative Use Permit (ii) If a structure cannot meet the design criteria for an accessory structure exceeding 50% of the gross floor area of the primary structure, exceptions may be granted through the approval of an Administrative Use Permit. (5) 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: Ordinance No. 670 Exhibit B (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 between structures. If structures are abutting, the aggregate area of the buildings shall be considered one (1) building and shall require a building permit; and (vii) Hoop Structures/Greenhouses. Limited to two (2) per residential property. Additional structures may be approved with DRC approval. (6) Offices/Art Studio. Offices or art studios are defined as any type of residential occupancy construction (R) with no kitchens, no overnight stays, cooking facilities and/or no bathing facilities (one (1) water closet is permitted). Studios shall be limited to four hundred fifty (450) square feet. Studios greater than four hundred fifty (450) square feet shall be considered accessory or urban dwelling units. Deed restrictions shall be required for any proposed office or art studio with plumbing limiting the use of the studio. (7) Number of Structures. The number of nonexempt accessory structures requiring a building permit shall be limited to three (3) 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. Ordinance No. 670 Exhibit B (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) Notwithstanding section 9-6.106(b)(4), detached accessory structures that deviate from requirements are subject to the approval of a minor conditional use permit. (2) Minor Use Permit Required: A minor Use Permit shall be required for the following: (i) Any detached accessory structure in excess of the three (3) structures permitted (ii) 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. (e) Agricultural Accessory Uses. This subsection applies to small-scale agricultural uses that are incidental to a primary use in Residential Zoning Districts. (1) Hobby crop production and processing. Incidental crop production and small-scale processing is permitted subordinate to the residential use of the property. Any accessory structures used for this purpose must comply with accessory structure standards of this section. (i) Agriculture intended for commercial use must also comply with home occupations standards as listed in Section 9-6.105. (2) Produce stands are permitted in compliance with Section 9-6.117. (3) Farm animal raising is permitted in compliance with Section 9-6.112. 9-6.125 Schools, preschools, and child day care facilities. The provisions of this section apply to preschools and public and private schools providing instruction for preschool through twelfth grade children; business and vocational schools; and to preschools and other facilities including individual homes where day-care services are provided to more than six (6) children. (a) Elementary and High Schools. (1) Location. No closer than one thousand (1,000) feet to CS, CPK, IP and I Zones or five hundred (500) feet from a CR Zone. (2) Parking. Off-street parking is to be provided at a ratio of two (2) spaces for each classroom, and one space for one hundred (100) square feet of administrative or clerical office space. Except that where Section 9-4.114 would require more spaces for an on-site auditorium, stadium, gymnasium or other public or sports assembly facility, the larger number of spaces is to be provided. Ordinance No. 670 Exhibit B (b) Business and Vocational Schools. (1) Limitation on Use. Business and vocational schools are allowed in the IP Zones only when the curriculum offered is primarily in subjects relating to industry and/or manufacturing. (2) Parking. Off-street parking is to be provided at a ratio of one (1) space per seat in the largest classroom or instructional area, in addition to spaces required for any proposed auditorium by Section 9-4.114. (c) Preschools and Child Day Care. The following standards apply in addition to the state licensing requirements in Title 22 of the California Administrative Code. (1) Minimum Site Area – Preschools and Child Care Centers. Six thousand (6,000) square feet where a facility is to accommodate fifteen (15) or more children. (2) Site Design Standards. (i) Fencing. All outdoor play areas are to be enclosed with fencing a minimum of four (4) feet high: provided that such fencing is to be solid and a minimum of six (6) feet in height on any property line abutting a residential use on an adjoining lot. (ii) Parking and Loading Requirement. For facilities with six (6) or less children, no requirement other than that normally required for a residence; for facilities with seven (7) to fourteen (14) children, one (1) space per employee, two (2) guest spaces, and an off-street drop- off area that can accommodate at least two (2) cars must be provided in addition to the parking normally required for the residence; to be established through conditional use permit approval for facilities with more than fourteen (14) children. 9-6.135 Residential care facilities. (a) Minimum Site Area. Ten thousand (10,000) square feet is the minimum site area for more than six (6) boarders. (b) Fencing. Any play areas for children are to be fenced to prevent uncontrolled access to and from the site. (c) Parking. Non-medical facilities shall meet multi-family parking standards. For facilities with medical care, parking is to be provided as set forth in Section 9-6.134(b). 9-6.167 Towing Services Establishments defined as towing services are subject to the following standards: (a) Location Criteria. The location shall be as follows: 1. Street Characteristics. A towing service shall be approved only on an arterial or collector road. Ordinance No. 670 Exhibit B (b) Site Design Criteria. In addition to the other applicable standards of this title, the following are applicable to service stations: (1) A minimum 10-foot wide landscape setback shall be provided along all street frontages. If the towing service and vehicle storage yard is utilizing an existing building with less than 10 feet between the building and any right-of-way, the provided setback shall be landscaped. (2) All outdoor storage areas shall be screened from the right of way and adjacent properties by a minimum six-foot high solid fence or masonry wall around the entire perimeter of the outdoor storage area. (3) Outdoor storage areas that abut a residential zone shall be separated from such property by a landscaping strip with a minimum width of ten (10) feet. (4) All parking areas are to be surfaced with an asphalt, concrete, or crushed rock surface. (5) Outdoor vehicle storage shall be limited to 8,000 square feet. A larger outdoor storage area shall be subject to the review and approval of a conditional use permit and shall be at least than 300 feet from a residential zoning district. 9-6.177 Temporary events. Where allowed, temporary events are subject to the standards of this section; except when such events occur in theaters, convention centers, meeting halls, or as part of a City sponsored event on public property. Swap meets are subject to the standards of Section 9-6.139. (a) General Requirements. (1) Public Events. No permit is required for free events held at a public park or on other land in public ownership when conducted under the management of a public agency. (2) Commercial Events. Temporary commercial outdoor events require the approval of a Temporary Event Permit and are subject to the provisions of this section and regulations governing business licenses. (3) Parades. Parades and other temporary events within the public right-of-way are not subject to these Temporary Event standards, provided that all requirements of the City Engineer and Police Department are met. (b) Time Limit. A temporary event may be held in a single location for a period no longer than twenty (20) cumulative days per year unless a longer time period is approved through an Administrative Use Permit. (c) Site Design Standards. Ordinance No. 670 Exhibit B (1) Access. Outdoor temporary events shall be provided with unobstructed access from the event site to a publicly maintained road and must provide adequate access to emergency services throughout the event site, subject to review and approval of the City Fire Marshal. (2) Parking. Adequate off-street parking shall be provided for the proposed event, except that temporary events in the Downtown Commercial zoning district shall not require off-street parking. All parking areas shall be on a non-flammable surface. (3) Restrooms. Establishment of temporary food services (food trucks) shall have access to approved restrooms on site. Restroom facilities located off-site within 200 feet of the food service may be approved, subject to the approval of the Building Official. (4) Installation of electrical service or fixtures governed by the building code for a temporary event site shall be subject to City review of a construction permit, unless otherwise exempted by the City Building Official. (5) Tents or related structures that are greater than 400 square feet shall require a construction permit, subject to the approval of the Fire Marshal. (d) Guarantee of Site Restoration. A bond or cash deposit may be required for approval of a temporary event to guarantee site restoration after use, and operation in accordance with the standards of this title. The guarantee shall cover both operation and restoration and is subject to the provisions of Section 9-2.121. 9-9.102 General definitions. Update the following definitions: Residential additions. Residential additions (additions) are defined as an increase of floor area to a residential unit, including attached uninhabitable space. Habitable residential additions shall have a continuous, logical internal connection of conditioned space that provides for access to all portions of the unit and addition. Doors or other partitions may not be used to create two (2) separate living spaces. The addition shall not have a secondary kitchen; however, a wet bar is permissible as defined herein. Habitable additions must have a minimum ten (10) feet of shared common wall Uninhabitable additions must have a minimum of ten (10) feet of shared common wall. Structures connected by a breezeway or other open sided elements are considered detached structures. Ordinance No. 670 Exhibit B 3-5.105 Cardrooms. (a) License Required. It shall be unlawful for any person for him or herself, or for any other person, to engage in or carry on, maintain or conduct, or cause to be engaged in, carried on, maintained, or conducted, any cardroom in the City without first having secured a license from the City to do so according to each and every requirement of this section or without complying with each and every regulation set forth in this section pertaining to such cardroom. Each licensee and operator of a cardroom shall employ only those persons who have obtained a work permit as defined and set forth herein. (b) Definitions. (1) Act. “Act” shall mean the Gambling Control Act as codified in Division 8, Chapter 5 of the California Business and Professions Code (commencing with Section 19800). (2) Applicant. “Applicant” means every person who applies for a license to operate a cardroom and every individual who requests a permit as provided for by this chapter. (3) Billiard Parlor. For the purpose of this chapter, a “billiard parlor” or “pool room” includes a fixed place of business of any kind where billiards, pool, snooker or eight-ball or other similar games tables are maintained on the premises, whether or not coin-operated. (4) Card Games. “Card games” as used in this chapter means all forms of card games authorized by the State of California. (5) Cardroom. “Cardroom” as used in this chapter means any building or structure, or any portion of a building or structure, or any premises or place where any person or persons are allowed to play a card game as defined in this section. (6) Card Table. “Card table” as used in this chapter means a card table within a business premises where there is carried on any card game for compensation, which game is not unlawful under the provisions of California Penal Code Section 330, or any other provision of law. (7) Chief of Police. “Chief of Police” means the Chief of Police and designee. (8) Director of Administrative Services. “Director of Administrative Services” shall be the Director and designee. (9) Employee. “Employee” means every individual, employed either as an agent, employee, or otherwise, of the licensee, as defined in this section, or under the direction and control of the licensee of any cardroom, with or without compensation. Anyone who is required to routinely enter into the card playing area during the course of his or her duties is considered an employee. The term “employee” does not include a bartender, culinary worker or other person not directly connected with the cardroom operation. Ordinance No. 670 Exhibit A (10) License. “License” as used in this chapter means a grant from the City Council authorizing a person as defined in this section to operate a cardroom within the City of Atascadero. (11) Licensee. “Licensee” means the person, as defined in this chapter, to whom a cardroom license has been issued pursuant to this chapter. (12) Person. “Person” means and includes any individual, partnership, corporation or combination, business entity or combination thereof. (13) Work Permit. “Work permit” means a grant of permission from the Director of Administrative Services to an individual allowed by this chapter to work as an employee in a cardroom within the City of Atascadero. (c) License—Application—Bond. To apply for a cardroom license, a person shall take the following steps: (1) Every applicant for a license shall first obtain a State gambling license as required by the Gambling Control Act and the implementing regulations (California Code of Regulations, Title 11, Division 3, Chapter 1, Article 1, Section 2000 et seq.). Every applicant shall fully comply with the Act and the implementing regulations including, but not limited to, Section 2050 of Title 11 of the California Code of Regulations that requires an owner or a key employee, as defined by the Act, to be on the premises, at all times that the establishment is open to the public unless the Division of Gambling Control authorizes availability by telephone. Key employees must obtain a key employee license as required by the Act; (2) File with the City Clerk a written application, signed by the applicant, setting forth the nature of the business that he or she wishes to engage in and the place where he or she proposes to establish such business, including the particular building, and room or rooms; (3) The true and correct name and address of each applicant of the building or structure within which the cardroom is proposed to be maintained shall be included with the license application. Written consent from the owner of the building or structure is required on the application; (4) Submit a bond surety in a form approved by by an authorized surety company to be approved by the City Council Director of Administrative Services in the penal sum amount of five hundred dollars ($500.00) payable to the City. The following condition shall be added to a cardroom license regarding the surety, when approved by the City: (i) Neither the applicant nor anyone in his or her employ in such business will violate any ordinance of this City or any law of this State, or of the United States of America, or any political subdivision or agency thereof, during the time for which such license is granted. That upon a violation of the condition of such surety, the same shall be and become due and payable to such City and the penalty thereof may be recovered in a civil action. The conviction of, or plea of guilty by, the person to whom such license is issued, or anyone in his or her employ in such Ordinance No. 670 Exhibit A business for the violation of any such ordinance or law, shall ipso facto work a forfeiture of such surety, and any such conviction or plea of guilty shall be conclusive evidence of such forfeiture, and in the event of such conviction or plea of guilty the license shall be canceled; (5) That the applicant verify with the Director of Community Development, that the subject property zoning permits the proposed cardroom use; (6) A statement that the applicant understands and agrees that the application shall be considered by the City Council Director of Administrative Services after evidence has been presented to the City that provides clear indication of a clean criminal record a full investigation and reports, including any available criminal and arrest and conviction offender information, have been made by the Chief of Police, other City officials or their authorized representatives. A statement that the applicant authorizes the City or its authorized agents to update the investigation and background information on an annual basis if the application is approved. (d) Standards for Issuance. The City Council Administrative Services Director shall consider and determine whether to issue a license to operate a cardroom subject to the following conditions: (1) No more than a total of six (6) card tables shall be licensed to operate within the City under the provisions of this chapter. (2) No one (1) permittee shall be authorized to operate more than a total of six (6) card tables within the City. (3) No more than six (6) card tables shall be operated and maintained within any single business premises within the City. (4) No card table license shall be issued unless the location for the cardroom(s) is in compliance with all applicable zoning and building regulations of the City. The Community Development Department shall review all applications to verify compliance with the Zoning Code. The Council Community Development Director shall consider the effect of the operation of a cardroom on other sensitive uses located in the vicinity of the cardroom, including but not limited to schools, public parks or recreational areas, public buildings with programs for minors, and religious institutions. (5) No cardroom license shall be transferable to another location or permittee without the approval of the City Council Administrative Services Director. Playing of all games shall be confined to those designated areas of the cardroom premises as may be set forth in the cardroom license. No playing of any games shall be permitted at any other location within or upon the cardroom premises. (6) No cardroom license shall be issued to any person who has been convicted of any felony, nor to any association, partnership or corporation of which any owner thereof has been convicted of a felony. Ordinance No. 670 Exhibit A (7) In addition to any other restrictions provided by law, no card table license shall be issued to anyone who is disqualified from holding a State gambling license for any of the reasons specified in California Business and Professions Code Section 19859. (8) Applicant shall provide to the City copies of all written reports filed with the Division of Gambling Control pursuant to the Act or Title 11 of the California Code of Regulations. (e) Cardroom Work Permit—Application and Denial. (1) Cardroom employees must obtain a cardroom work permit from the Director of Administrative Services or designee of the City of Atascadero. For the purposes of this chapter, “cardroom enterprise employees” are defined as any natural person employed in the operation of a gambling enterprise, including without limitation, dealers, floor personnel, security employees, courtroom personnel, cage personnel, collection personnel, surveillance personnel, data- processing personnel, appropriate maintenance personnel, waiters and waitresses, and secretaries, or any other natural person whose employment duties require or authorize access to restricted gambling establishment areas. Applications for cardroom work permits shall be submitted under oath and contain the past criminal record, if any, of the applicant, and such information as may be deemed necessary by the Chief to determine whether the applicant is a proper person to be issued a cardroom work permit. The application also shall be accompanied by fingerprints, a recent photograph of the applicant and an amount equal to any fingerprint processing fee required by the City. (2) A cardroom work permit shall not be issued to any person who would be disqualified from holding a State gambling license for the reasons specified in paragraphs (a) through (g), inclusive of subdivision (a) of Section 19859 of the Act, or regarding whom the Division of Gambling Control of the State of California has filed an objection to the City. (3) The Director of Administrative Services or designee may deny issuance of cardroom work permit for any further cause deemed reasonable by the Director. The action of the Director denying a cardroom work permit on the basis of this section shall be subject to appeal to the City Council. Notice of such appeal shall be filed with the City Clerk within ten (10) days after the notice of denial of the permit. Upon failure to file notice of appeal within the ten (10) day period, the action of the Director denying the permit shall be final and conclusive. (4) Cardroom work permits shall be prominently displayed in the cardrooms by any cardroom employees when they are working. (5) Each application for a cardroom work permit shall be accompanied by a fee as established by City Council resolution. The fee shall not be returned in the event that the permit is refused, revoked, or suspended, as provided in this chapter. The permit shall be valid for one (1) year from the date of issue; however, it may be prorated quarterly. The date of expiration shall be prominently displayed on the face of the permit. (6) The holder of a cardroom work permit shall not be restricted as to place of employment. Ordinance No. 670 Exhibit A (7) A statement shall be signed by the applicant stating that the applicant understands and agrees that the application shall be considered by the Director of Administrative Services after a full investigation and reports, including any available criminal and arrest and conviction offender information, have been made by the Chief of Police and other City officials or authorized representatives. A statement shall be signed by the applicant stating that the applicant authorizes the City or authorized agents to update the investigation and background information on an annual basis if the application is approved. (f) Permit Revocation or Suspension. The Director may revoke or suspend, and take possession of any cardroom work permit issued under this chapter, upon any violation of the provisions of this chapter. The action of the Director shall be subject to appeal to the Council. Notice of such appeal shall be filed with the City Clerk within ten (10) days after notice of the revocation or suspension action. Upon failure to file notice of appeal within the ten (10) day period, the revocation or suspension of the cardroom work permit shall be final and conclusive. (ge) Revocation of Licenses. The City Council shall have the right to revoke any cardroom license when the possessor thereof has violated, or permitted the violation of, any of the terms of this chapter. The City Council may also revoke any cardroom license when the business being operated is not being conducted in accordance with the public health, safety or welfare or when, in the discretion of the City Council, it is found that the continued operation of such business will create or is creating a policy problem for the City. Prior to revoking any cardroom license, the City Council shall cause to be served on the applicant a notice of its intention to do so at least five (5) days prior to the date upon which it intends to consider the matter of such revocation, and also stating the right of the licensee to appear before the City Council and to show cause why such license should not be revoked. The decision of the City Council with respect to such revocation shall be final. (hf) Attendance by Minors. No person under the age of twenty-one (21) shall be employed in or allowed to frequent, remain in or visit any room or premises wherein is conducted or operated any card table licensed under the provisions of this chapter. (ig) Patron Security and Safety in and Around a Cardroom Establishment. (1) Each applicant for a cardroom license, at the time of application, and annually thereafter, at the time of cardroom license renewal, shall present a plan for security and safety of patrons of the cardroom in and around the cardroom establishment. The plan shall set forth such provisions as are necessary to ensure the safety and security of patrons, including measures taken or instituted to avoid follow-home robberies. The holder of a cardroom license shall be liable for the safety and security of patrons to the fullest extent under the law. Any effort on the part of a cardroom licensee to limit such liability shall be clearly posted in such a manner as to give adequate notice to patrons. The plan shall include a detailed summary of all known incidents involving or affecting patron security and safety in and around the cardroom establishment for the preceding year. (2) The Chief of Police or designee may require, in his or her discretion, all cardroom licensees to implement reasonable security measures to insure the safety of patrons including, but Ordinance No. 670 Exhibit A not limited to, hiring private uniformed security guards. If security guards are required, the Chief of Police shall determine the number and hours of coverage. (3) During all hours of operation, doors at the cardroom establishment shall be unlocked and accessible to the general public and open to police inspection. Cardrooms shall be located and so arranged that card tables and the players at the tables are plainly visible from the door opening of the cardroom when the door is opened. No wall, partition, screen, or similar structure between the front door opening and any card table located in the cardroom shall be permitted if it interferes with such visibility. (jh) Transfer and Assignment. Any transfer or assignment of any license shall be considered for all purposes in the same manner as a new application for a cardroom license in the City, and all the provisions of this chapter applicable to new and original applications shall apply. (ki) Annual Fee. Licenses shall be issued on an annual basis. The annual license fee, payable each fiscal year beginning July 1, 2006, shall be established by resolution of the City Council. The fees shall be payable to the City after the Council has approved the issuance of the license but prior to the issuance of the license. The operator of a cardroom shall pay the license fee set forth in this section regardless of the license fees he or she might pay for other businesses. If the same person operates two (2) or more cardrooms, he or she shall pay on each cardroom the license fee set forth in this section and shall have a separate license for each cardroom. (lj) Police Access to Premises. The City Council finds that it is necessary and in the public interest that law enforcement officers have access to any premises in which a card table is being operated under the terms of this chapter. Any premises for which a license has been issued under the provision of this chapter shall be deemed to constitute a public place, and all police officers and peace officers shall at all times have access thereto during business hours. (mk) Hours of Operation. Unless the hours of operation for a cardroom are restricted in the cardroom permit, a cardroom may operate twenty-four (24) hours per day. Each permittee shall clearly post the hours of operation of the cardroom so as to provide law enforcement and cardroom patrons adequate notice of the hours of operation. If alcohol is served on the premises (with the proper licenses from the Department of Alcohol Beverage Control), all alcoholic beverages shall cease being served between the hours of 2:00 a.m. and 6:00 a.m. each day. (nl) Bets or Wagers. There is no limit on the amount of a single bet or wager unless the cardroom posts notice of a limit. Cardrooms shall establish wagering limits in accordance with such limitations as may be set from time to time by the State of California and the City of Atascadero. The City of Atascadero may set wagering limits by resolution adopted by the cCity cCouncil. Wagering limits, or a notice of no limit, shall be clearly posted to give patrons adequate notice of the rules related to wagering. (1) No cardroom owner, operator, or employee shall permit any of the following: Ordinance No. 670 Exhibit A (i) Bets made by any owner, operator, or employee while on duty when any member of the general public is waiting to play in an approved game. (ii) Bets made by a shill or dummy player. (2) Wagering at any table shall be limited to table stakes. No side bets shall be permitted. Table limits shall be posted in a location observable from the table. The cardroom shall set individual table stake limits, not to exceed the wagering limit. Table limits may be changed with not less than thirty (30) minutes notice to the patrons. (om) Penalties for Violations. Any violation of this chapter shall constitute a misdemeanor, and any person found guilty thereof shall, upon conviction or plea of guilty, be punished by a fine pursuant to Chapter 3 of Title 1 of the Municipal Code or by imprisonment in the jail of the City, or in the jail of the County of San Luis Obispo, for not more than three (3) months, or by both such fine and imprisonment, and when a fine is imposed the judgment may direct that the defendant be imprisoned in the county jail until such fine is satisfied at the rate established by the county. (pn) Severability. If any section, subsection, sentence, clause, phrase or portion of this section is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this section. The City Council of the City of Atascadero hereby declares that it would have adopted this section and each subsection, sentence, clause, phrase or portion thereof, irrespective of the fact any one (1) or more subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional. Ordinance No. 670 Exhibit A 9-1.110 Public Hearings When a public hearing before the Design Review Committee, Planning Commission, or the City Council is required by this title, such hearing shall be conducted as follows: (a) Notice of Hearing. Notice of a public hearing shall include the time and place of the hearing, a general description of the request, the location of the site, and any additional information which the Planning Director deems appropriate. Such notice shall be given at least ten (10) days before the hearing by first class mail with postage prepaid to all persons whose names and addresses appear on the last equalized assessment roll as owning property within three hundred (300) feet from the exterior boundaries of the parcel which is the subject of the hearing, except for projects in the RS zoning district which shall require that notices be sent to all such properties within a one thousand feet (1000) from the exterior boundaries of the project site. Such notice shall also be published at least once at least ten (10) days before the hearing in a newspaper of general circulation, published and circulated in the City, or if there is none, it shall be posted in at least three (3) public places in the City. (1) If the number of notices required is greater than one thousand (1,000), as an alternative to the notice required by Section 9-1.110(a), such notice shall be given at least ten (10) days prior to hearing by placing a display advertisement of at least one-fourth (1/4) page in a newspaper of general circulation in the City or by placing an insert with any generalized mailing by the City, such as billing for City services, to property owners in the area required to be notified. (2) Persons filing a written request to receive any such notice shall be given notice by first class mail, A fee may be charged to recover the cost of such mailing. (b) Scheduling of Hearing. When an application has been accepted as complete for processing, received staff review, and a recommendation on the Environmental Determination or Environmental Impact Report has been completed, it shall be scheduled for public hearing on the next available Planning Commission agenda reserved for such matters. Appeals shall be scheduled on the Planning Commission or City Council agenda, as applicable, within thirty (30) days of receipt of the appeal. A public hearing on an application or appeal may be continued to a date specific without providing additional notice. 9-1.111 Appeal. Decisions of the Planning Department or Planning Commission may be appealed by an applicant, any aggrieved person, the Planning Commission, or the City Council, and/or individual members of the Planning Commission or City Council. Decisions of the Planning Commission may be appealed by an applicant, any aggrieved person, or the City Council, and/or any individual member of the City Council. An appeal shall be filed in writing, setting forth the reasons for the appeal. An appeal shall be accompanied by any fees required. Appeal fees shall not be required for appeals initiated by the Planning Commission, or City Council, or any individual members thereof. Ordinance No. 670 Exhibit B When an appeal has been filed, accompanied by required fees, the Planning Director will prepare a report on the matter and determine a hearing date for the appeal for consideration by the appropriate body within thirty (30) days of receipt of the appeal. The hearing body may affirm, affirm in part, or reverse the action, decision or determination which is the subject of the appeal, based upon findings of fact regarding the particular case. Such findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with the provisions of this title. Appeals relating to matters which are resolvable through adjustment, variance or amendment of this title shall be processed according to the procedures of Sections 9-1.112, 9-1.113, 9-1.114 and 9-1.115, respectively. (a) Planning Department Actions. Determinations on the meaning or applicability of the provisions of this title which are believed to be in error, and cannot be resolved with staff, and any decision of the Planning Department to approve or deny an application may be appealed to the Planning Commission. The Planning Department shall provide the Planning Commission and City Council with notification of its actions. Appeals, accompanied by required fees, shall be filed with the Secretary of the Planning Commission within fourteen (14) days after the decision of the Planning Department. The appeal will be decided by the Planning Commission following a public hearing conducted in accordance with Section 9-1.110. (b) Planning Commission Decisions. Any decision of the Planning Commission may be appealed to the City Council by filing a letter of appeal accompanied by required fees with the City Clerk within fourteen (14) days of the action of the Planning Commission. The Planning Department shall provide the City Council with notification of Planning Commission actions. Appeals will be decided by the City Council following a public hearing conducted pursuant to Section 9-1.110. 9-3.230 Agriculture and residential district allowable land uses. Table 3-1 identifies the uses of land allowed this Zoning Code in each agriculture and residential district, and the planning permit required to establish each use, in compliance with Section 9-1 and Section 9-2 of this code. Where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this article may also apply. Ordinance No. 670 Exhibit B Table 3-1 – Agriculture and Residential Land Uses Allowed Land Uses and Permit Requirements Agriculture/Residential Zones A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit CUP Conditional Use Permit Required Not Permitted Permitted Uses By Zone Special Use Regulation(s) A RS RSF LSF RMF Natural Resources and Processing Resource Extraction CUP CUP 9- 6.147— 9.6- 161 Residential Uses Multifamily Housing A 9-3.175 Manufactured Home/Mobile Home A A A A A 9-6.143 Mobile Home Parks CUP CUP CUP CUP 9-6.142, 9- 6.143 Organizational Houses CUP CUP CUP CUP 9-3.175 Residential Accessory Uses A A A A 9-6.106 Single-Family Dwelling A A A A 9-6.143, 9- 6.184 Secondary Residential Units A A A 9.5 Temporary Dwelling A A A A 9-6.175 Recreation, Education, and Public Assembly Churches and Related Activities CUP CUP CUP CUP 9-6.121 Parks and Playgrounds AUP AUP AUP AUP Schools CUP CUP CUP CUP 9-6.125 Schools – Business and Vocational CUP CUP CUP CUP 9-6.125 Temporary Events A A A A A 9-6.177 Tourism, Lodging, and Dining Bed and Breakfast CUP CUP CUP CUP Services-Professional Day Care – Small Family Day Care Home A A A A 9-6.125 Day Care – Large Family Day Care A A A A 9-6.125 Child Care Center CUP CUP CUP CUP 9-6.125 Kennels CUP CUP 9-6.111 Medical Extended Care Services, 6 Clients or Less A A A CUP 9-6.134 Ordinance No. 670 Exhibit B Agriculture/Residential Zones A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit CUP Conditional Use Permit Required Not Permitted Permitted Uses By Zone Special Use Regulation(s) A RS RSF LSF RMF Medical Extended Care Services, 7 Clients or More CUP CUP CUP CUP 9-6.134 Residential Care, 6 Clients or Less A A A A 9-6.135 Residential Care, 7 Clients or More CUP CUP CUP CUP 9-6.135 RCFE – Assisted Living, 6 Clients or Less A A A A 9-6.135 RCFE – Assisted Living, 7 Clients or More CUP CUP CUP CUP 9-6.135 RCFE – Independent Living Center/Senior Apartments CUP RCFE – Retirement Hotel CUP Transportation, Infrastructure and Communication Pipelines Utility Infrastructure CUP CUP CUP CUP CUP Utility Transmission Facilities A A A A A Wireless Communication Facilities CUP CUP CUP CUP CUP Zoning Districts Abbreviations A – Agriculture LSF – Limited Single-Family Residential RS – Residential Suburban RMF – Residential Multifamily RSF – Residential Single-Family Residential 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. Ordinance No. 670 Exhibit B Table 3-2 – Nonresidential Use Table Allowed Land Uses and Permit Requirements Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Accessory Storage A4 CUP 4 A4 CUP 4 CUP 4 A4 A4 9-6.103 Adult Day Care Facility A A A CUP Adult Oriented Business A A A A 9-16 Age Restricted Housing CUP Agricultural Produce Stands A A A A 9-6.117 Amusement Services A A A A A A Animal Hospitals CUP7 CUP A CUP 9-6.110 Artisan Foods and Products A A A A5 A A ATM A A A A A A A A A A Auto Dealers (New and Used) and Supplies CUP CUP CUP CUP CUP 9-6.163 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 – Production CUP CUP A A Broadcast Studios A A Building Materials and Hardware w/ outdoor sales or storage area 10,000 sf or greater CUP CUP CUP CUP CUP CUP 9-6.165 Building Materials and Hardware w/ outdoor sales or storage area less than 10,000 sf A A A A A A 9-6.165 Business Support Services A A A A A A A A Ordinance No. 670 Exhibit B Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Caretaker’s Residence/ Employee Unit CUP CUP CUP 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) A A A A Contract Construction Services (Outdoor) 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 10,000 sf or greater CUP CUP CUP CUP CUP Farm Equipment and Supplies w/ outdoor storage or sales area less than 10,000 sf A A A A A 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 sf CUP CUP CUP CUP CUP CUP CUP Government Offices and Facilities A A A A A A CUP9 A A A Health Care Services A A A CUP A CUP9 A Ordinance No. 670 Exhibit B Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Horticultural Specialties w/ outdoor storage or sales area 10,000 sf or greater CUP CUP CUP CUP CUP CUP CUP 9-6.116 Horticultural Specialties w/ outdoor sales or storage area less than 10,000 sf A A A A A 9-6.116 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 Care CUP8 CUP8 9-6.125 Large Scale Ag Manufacturing CUP CUP A 9-6.103 Laundries and Dry Cleaning Plants A A A A Laundromat/Coin- Operated Laundry CUP CUP CUP CUP CUP CUP A A Libraries, Museums A A A A A A Live/Work Unit A1 Manufacturing and Processing – High Intensity4 CUP CUP AUP AUP Manufacturing and Processing – Low Intensity CUP CUP A A A A Medical Extended Care Services: 6 Residents or Less CUP CUP CUP CUP CUP CUP 9-6.134 Medical Extended Care Services: 7 Residents or More CUP 9-6.134 Medical Research CUP A A CUP A A Membership Organizations A A CUP CUP Microbrewery – Brewpub A CUP A A A A A A A A Mini-Storage CUP CUP A A Ordinance No. 670 Exhibit B Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Mobile Eating and Drinking Vendors6 A A A A A A A A Mixed-Use Development CUP1 CUP1 CUP1 CUP1 A1 A1 Mortuary Services A A A A Multifamily Dwelling CUP2 CUP2 CUP2 CUP2 A1 A1 Offices A A A A A A CUP9 A Outdoor Recreation Services CUP CUP A AUP 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 Publishing CUP CUP A4 A4 A4 Public Assembly and Entertainment CUP CUP A CUP CUP RCFE – Assisted Living CUP 9-6.135 RCFE – Independent Living/Senior Apartments CUP CUP CUP 9-6.135 RCFE – Retirement Hotel CUP CUP CUP 9-6.135 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 Residents or Less A2 A2 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 Ordinance No. 670 Exhibit B Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I Schools – Business and Vocational A A A A CUP CUP CUP CUP 9-6.125 Service Stations CUP CUP CUP CUP 9-6.164 Single-Family Dwelling A1 A1 Single-Room Occupancy Units CUP 9-6.184 Small Family Day Care A8 A8 A8 A8 A8 Social and Service Organizations A A A Sports Assembly CUP CUP A Storage, Recycling and Dismantling of Vehicles and Material CUP CUP CUP 9-6.131 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 A/ CUP3 CUP A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 A/ CUP3 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 Towing Services10 CUP A10 A10 9-6.167 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 (Indoor)4 A CUP A4 A4 9-6.183 Vehicle and Equipment Storage (Outdoor)4 CUP 4 CUP4 CUP4 9-6.183 Vehicle and Freight Terminals CUP CUP CUP Warehousing CUP CUP A A Wholesaling and Distribution Center4 AUP AUP A4 A4 A4 A4 Winery – Boutique A4 A4 A4 A4 A4 A4 A4 Ordinance No. 670 Exhibit B Nonresidential Zones A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Not Permitted Permitted Uses By Zones Special Regulation(s) CN CP CR CS CT CPK DC DO IP I 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 comply with the Americans with Disabilities Act and does not have an elevator, one accessible unit may be located on the ground floor in conjunction with commercial space and shall not exceed the greater of: • 500 sf; or • 10% of the size of the ground floor commercial space not to exceed 1,000 sf. 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 on ground floor south of Atascadero Creek. 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. Ordinance No. 670 Exhibit B 10 Outdoor storage of towing related vehicles, towed vehicles, or accessory storage (other than an approved parking lot for employees or fleet vehicles) over eight thousand (8,000) square feet shall require 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. 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 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. Ordinance No. 670 Exhibit B Development Feature Requirement by Zoning District DC DO 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 insets designed to accommodate outdoor eating and seating areas, and except for East Mall between El Camino Real and Palma Avenue, where a minimum of 20 feet is required. As required by Section 9- 4.106 when adjacent to a residential zone, none required otherwise. Sides (each) None required Rear None required Creek To be determined through Design Review Height limit 45 feet not to exceed 3 stories; 18 feet on the west side of El Camino Real between Atascadero Creek and the lot line common to Lots 19 and 20, Block H-B, Atascadero Colony Map. 35 feet Landscaping As required by Section 9-4.124 et seq. (Landscaping, screening and fencing) Off-street parking None required, except as required by Section 9-4.114 for hotels, motels, residential uses, offices, government offices and facilities, and health care services, and for all development east of Atascadero Creek. As required by Section 9- 4.114 et seq. Signs See Chapter 9-15 Density 24 dwelling units/acre maximum 24 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. Ordinance No. 670 Exhibit B 9-3.500 Definitions. Update the following definitions: Business Support Services. An establishment or business located entirely within a building that is open to customer visitation and with limited or no storage, which provides services to other businesses including, but not limited to: • Blueprinting and reprographics, copying and quick printing services; • Computer related services, repair and rental; • Private mail and mailbox service not affiliated with Federal mailing agency; ` Large Family Day Care Home. As provided by Health and Safety Code Section 1596.78 or successor provision, a home that regularly provides care, protection, and supervision for seven (7) to fourteen (14) children, including children under the age of ten (10) years who reside in the home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away. Offices. Establishments engaged in performing a service in a professional office including: engineering, architectural and surveying services; real estate agencies; noncommercial educational, scientific and research organizations; accounting, auditing, and bookkeeping services; authors, writers, artists, etc.; advertising agencies; photography studios and small commercial art studios; employment agencies and stenographic services; reporting services; data processing and computer services; management, public relations, and consulting services; detective agencies and other similar professional services; attorneys; co-working spaces, incubator-type services that provide office-type working spaces for a fee, and counseling services provided by individuals other than licensed psychiatrists, which are included under “health care services.” Personal Services—Restricted. Service establishments providing the following uses: Examples of these uses include, but are not limited to, the following: check cashing and/or payday/same day loans; fortunetellers, psychics; palm, tarot and card readers; card rooms, billiard and pool halls as a primary use; and tattoo and body piercing services. Service Stations. Retail trade establishments primarily engaged in the sale of gasoline, which may also provide lubrication, oil change and tune-up services incidental to gasoline sales. Does not include a towing service or storage of wrecked or abandoned vehicles. Does not include uses defined as auto repair and service, or vehicle equipment storage. Temporary Events. Any use of a structure or land for an event for a limited period of time where the site is not to be permanently altered by grading or construction of accessory facilities. Events include, but are not limited to: art shows; rodeos; outdoor festivals, concerts. Does not include the temporary staging of food trucks or outdoor sales associated with existing, permitted businesses, where circulation and access is not impacted. Ordinance No. 670 Exhibit B Towing Services. An establishment that provides vehicle towing services and accessory temporary outdoor storage for the vehicles it tows, which shall only include: (1) mechanically operable/drivable, licensed vehicles that are to be claimed by titleholders or their agents; and/or (2) wrecked Motor Vehicles awaiting insurance adjustments and transport to repair shops. This term excludes: Auto Repair and Services that have a tow truck on-site; Recycling and Scrap Services; Service Stations; Impound Yards; Storage, Recycling and Dismantling of Vehicles and Material; and Vehicle and Equipment Storage. 9-4.107 Side setbacks. The side setback is measured at right angles to the side property line to form a setback line parallel to the side property line, which extends between the front and rear setback areas, or primary street and secondary street setback areas for double frontage lots. The minimum side setback is to be as follows: (a) A, RS, RSF, LSF and RMF Zones and Residential Uses in Commercial and Industrial Zones. All residential uses except for second story dwellings over commercial and industrial uses shall have a minimum side setback of five (5) feet, except as follows: (1) Common Wall Development. Any two (2) dwelling units, and/or their accessory garages, may be constructed on adjoining lots without setbacks between them provided that: (i) The setback has been eliminated through subdivision map or conditional use permit approval; (ii) A common wall or party wall agreement, deed restriction, or other enforceable restriction has been recorded; (iii) The side setbacks opposite the common wall property line are not less than two (2) times the minimum width required by this section; and (iv) Common wall construction is in compliance with the Uniform Building Code. (2) Zero Lot Line Development. A group of dwelling units on adjoining lots may be established so that all units abut one (1) side property line, provided that: (i) The setback has been eliminated for an entire block through subdivision map or conditional use permit approval; (ii) The modified setback requirements for the block are recorded as part of a land division map, deed restriction, or other enforceable restriction; (iii) The side setback shall not be eliminated or reduced on the street side of a corner lot; and Ordinance No. 670 Exhibit B (iv) Side setbacks opposite the zero setback property line are not less than twice the minimum required by this section. (3) Access Easements. All access easements shall have a minimum setback of five (5) feet, measured from the edge of the easement. (4) Additional Height for Buildings in RMF. Multifamily dwellings exceeding twenty-five (25) feet in height shall have a ten (10) foot setback for all portions of the building over twenty- five (25) feet in height. (b) CN, CP, CR, CS, CT, CPK, IP, I and P Zones. No side setbacks are required. Ground floor residential uses are subject to the setback requirements of subsection (a) of this section. (c) L and LS Zones. A minimum five (5) foot side setback is required. 9-4.108 Rear setbacks. The rear setback is measured at right angles to the rear property line to form a setback line parallel to the rear property line. (a) A, RS, RSF, LSF, and RMF Zones and Permitted Ground Floor Residential Uses in Commercial and Industrial Zones. All residential uses except for second story dwellings over commercial and industrial uses shall have a minimum rear setback of ten (10) feet, except as follows: (b) CN, CP, CR, CS, CT, CPK, IP and I Zones. No rear setback is required in commercial or industrial zones, except as follows: (1) Adjacent to an Alley. The secondary frontage setback shall be a minimum of five (5) feet, except where the alley provides vehicular access to the interior of the building, in which case the setback shall be ten (10) feet. (2) Adjacent to Residential Use Zone. Where the rear property line abuts a residential zone or use, no rear setback is required for buildings or portions of buildings which do not exceed twelve (12) feet in height within ten (10) feet of the rear property line. The rear setback shall be a minimum of ten (10) feet for buildings or portions of buildings which exceed twelve (12) feet in height. (c) L, LS and P Zones. A minimum of ten (10) foot rear setback is required. 9-4.118 Required number of parking spaces. All land uses requiring approval under this title shall provide off-street parking spaces as specified in subsections (b) and (c) of this section: Ordinance No. 670 Exhibit B (a) Use of Charts. The charts in subsection (c) of this section determine the number of parking spaces required for each use of land, as follows: (1) Uses Not Listed. For uses not specifically listed in this subsection that do not have parking requirements set by Chapter 9-6, the same parking and loading space is required as for the most similar use of equivalent intensity; except where a use not listed requires conditional use permit approval, in which case the amount of parking and loading space required shall be as determined by the Planning Commission. (2) Parking and Loading Intensity. Parking lot and loading bay intensity describes the rate of vehicle turnover in parking and loading areas. Turnover factors are assigned to each use by the charts in subsection (c) of this section. High intensity areas have rapid turnover; medium intensity areas are those where vehicles are parked from two (2) to four (4) hours; low intensity areas have minimum turnover and few repeat users, such as long-term and employee parking lots. Loading bay intensity is used in Section 9-4.121. (3) Mixed Use Sites. Where a site contains more than one principal land use (such as a shopping center), the amount of parking required shall be the total of that required for each individual use, except as otherwise provided by Section 9-4.115. (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 (2,000) 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. (i) Active Use Area. All developed areas of a site and buildings except storage, parking and landscaping. (ii) Floor Area. Gross floor area within buildings. (iii) Site Area. Gross site area. (iv) Use Area. All developed areas of a site and buildings, except parking and landscaping. (v) Number of Spaces. Where subsection (c) sets parking requirements based on building area (square footage), site or use area, the number of spaces is to be as set forth for each footage increment specified or fraction thereof. Ordinance No. 670 Exhibit B (b) Company Vehicles. Commercial or industrial uses shall provide one parking space for each company vehicle which is parked on the site during normal business hours. Such space may be located within a building. (c) Parking Requirements by Land Uses. (1) Agricultural Uses. Except for the specific uses listed in this subsection, improved off- street parking and loading spaces are not required for an agricultural use, as long as sufficient usable area is provided to meet the parking needs of all employees, visitors and loading activities entirely on the site of the use. Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Ag. processing: packing and processing 1 per 1,000 s.f. of use area Low High Wineries 1 per 1,000 s.f. of active use area and 1 per 3,000 s.f. of storage, and 1 per 100 s.f. of tasting room Low / Medium High Animal husbandry, farm equipment and supplies 1 per 500 s.f. of floor area, and 1 per 1,000 s.f. of outdoor use Low Low (2) Communication Uses. Broadcasting studios are to provide parking as required for offices (see subdivision (8) of this subsection). Transmission facilities are not required to have identified spaces, as long as sufficient usable area is provided to meet the parking needs of all employees entirely on the site of the use. (3) Cultural, Educational, and Recreation Uses. Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Active Recreation Facilities Amusement parks/fairgrounds 1 per 75 s.f. of use area Medium Medium Arcades (games) and billiards 1 per 100 s.f. of floor area Medium N.A. Bowling alleys 4 per lane Medium Low Dance clubs 1 per 25 s.f. of dance floor Medium N.A. Dance studios 1 per 200 s.f. of floor area Low N.A. Golf courses 5 per hole plus any required for clubhouse uses Low N.A. Ordinance No. 670 Exhibit B Golf driving ranges (separate from golf courses) 2 per tee Low N.A. Miniature golf 2 per hole Medium N.A. Skateboard parks 1 per 500 s.f. of use area Medium N.A. Skating rinks 1 per 400 s.f. of use area Medium N.A. Swimming pools (public or member) 1 per 100 s.f. of pool area, and 1 per 300 s.f. of deck area Medium N.A. Tennis courts, racquetball 2 per court Medium N.A. Libraries 1 per 500 s.f. Medium N.A. Public Assembly Exhibit facilities (including museums) 1 per 150 s.f. of exhibit floor High Low Seated spectator facilities (including a church, theater, other auditoriums and meeting halls, sports assembly) 1 per 4 fixed seats, or 1 per 40 s.f. of spectator area if seats not fixed High Low Schools Preschools, day care As required by Section 9-6.125. Elementary and high school As required by Section 9-6.125. Business and vocational As required by Section 9-6.125. College and University As determined by Planning Commission (4) Manufacturing and Processing Uses. Parking lot turnover is low; loading by intensity is medium. Parking spaces are required as follows: (i) One (1) space per five hundred (500) square feet of active use area within a building; and (ii) One (1) space per one thousand (1,000) square feet of storage area within a building; and (iii) One (1) space per two thousand (2,000) square feet of outdoor active use area; and (iv) One (1) space per five thousand (5,000) square feet of outdoor storage area. (5) Residential Uses. Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Ordinance No. 670 Exhibit B Single-family dwellings (including mobilehomes) 2 per dwelling, except 1 per dwelling is required where the site is less than 4,000 s.f. in area N.A. N.A. Multifamily dwellings (including condominiums and other attached ownership dwellings) Residential Parking Low N.A. 1 b.r. unit: 1.5 spaces 2 b.r. unit: 2.0 spaces each additional bedroom: 0.5 space Guest Parking 1 space per 5 units, or fraction thereof Group quarters (including boarding houses, rooming houses, dormitories, and organizational houses) 1 per bed, plus Low N.A. 1 per eight beds (6) Resource Extraction. No improved parking is required, provided that sufficient usable area is available to accommodate all employee and visitor vehicles entirely on the site. (7) Retail Trade Uses. Parking required for a retail use shall be a minimum of two (2) spaces for each use or separate tenancy, except where more spaces are required as follows: Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Auto and vehicle dealers 1 per 400 s.f. of showroom, 2 per service bay, 1 per 3,000 s.f. of outdoor use area Medium Medium Building materials and hardware, nurseries 1 per 500 s.f. of floor space, 1 per 3,000 s.f. of outdoor use area Medium Medium Eating and Drinking Places Restaurants and bars (on-site consumption. With dancing facilities, are also to meet dance club parking requirements) Customer Spaces High Medium 1 per table, 1 per 2 counter stools, plus Employee Spaces 1 per 6 tables, 1 per 100 s.f. of kitchen Fast food (includes drive-ins. If patron tables provided, use must 1 per 25 s.f. of kitchen High Medium Ordinance No. 670 Exhibit B also meet restaurant customer space requirement) Food and beverage retail sales 1 per 200 s.f. of floor area, 1 per checkstand High Medium Furniture, home furnishings and equipment 1 per 500 s.f. of sales area, 1 per 1,000 s.f. of storage area Low Medium General merchandise stores 1 per 300 s.f. of sales area, 1 per 600 s.f. of storage area Medium Low Mail order and vending 1 per 1,000 s.f. of use area Low Low (8) Service Uses. Parking required for a service use is to be a minimum of two (2) spaces for each use or separate tenancy, except where more spaces are required as follows: Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Auto repair and service 4 per service bay, 1 per 1,000 s.f. of outdoor active use area Medium Low Equipment rental 1 per 500 s.f. of floor area, 1 per 2,000 s.f. of outdoor use area Medium Low Copying and reproduction 1 per 400 s.f. of floor area Medium Low Contract construction services 1 per 500 s.f. of floor area Low Low Correctional institutions As determined by Planning Commission Financial services 5 per teller window, 3 per service desk High Low Health care 1 space per 200 s.f. of floor area High Low Hospitals 1 per bed, 1 per office space High Low Laundries and Dry Cleaning Plants 1 per 1,000 s.f. of floor area, plus 2 per office space Low High Pick-up 2 per check stand High Low Offices Accounting, advertising, agencies, architecture, government, insurance, law, offices, real estate 1 per 400 s.f. Medium N.A. Other offices 1 per 500 s.f. of floor area Low N.A. Photography studios, commercial art studios 1 per 400 s.f. of floor area Low N.A. Ordinance No. 670 Exhibit B Post offices 5 per service window, 1 per 500 s.f. of floor area other than customer area High High Personal Services Barbershops 2 per chair Medium N.A. Beauty shops 3 per chair Medium N.A. Dry cleaners 1 per 500 s.f. of floor area Medium Low Funeral and crematory services 1 per 4 seats in each assembly room, 2 per office or 1 per 40 s.f. of floor area in assembly rooms, whichever is greater Medium Medium Health spas 1 per 300 s.f. of floor area Medium N.A. Laundromats 1 per 2 washers High N.A. Other personal services 1 per 500 s.f. of floor area Medium N.A. Public safety facilities As determined by Planning Commission Repair service (consumer) 1 per 400 s.f. of floor area Low Low Waste disposal site As determined by Planning Commission (9) Transient Lodgings. Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Hotels, motels 2 spaces, plus 1 per unit, plus 1 per 10 units High Low (10) Transportation Uses. Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Public utility terminals None, provided sufficient usable area is available to accommodate all employee and visitor vehicles entirely on-site Low Low Transit stations and terminals 1 per 20 s.f. of waiting area, 1 per 300 s.f. of office space; additional spaces as required for accessory uses (restaurants, etc.) High High Truck stops 1 per 1,000 s.f. of use area for first 5,000 s.f., 1 per 3,000 s.f. of use thereafter Medium High Ordinance No. 670 Exhibit B Vehicle and freight terminals 2 per loading bay, 1 per 300 s.f. of office space High High Vehicle storage None, provided sufficient usage area is available to accommodate all employee and visitor vehicles entirely on-site Low Low (11) Wholesale Trade. Use Parking Spaces Required Parking Lot Intensity Loading Bay Intensity Warehousing Commercial storage 1 per 2,000 s.f. of use area for first 10,000 s.f., 1 per 5,000 s.f. of use area thereafter Low High Ministorage 2 spaces for manager office Low Low Wholesaling and distribution 1 per 1,000 s.f. of use area for first 10,000 s.f. of use area, 1 per 3,000 s.f. of use thereafter Low High 9-4.123 Driveway standards for single-family residential uses. Driveways for single-family residences shall be improved as follows in order to make adequate provision for access including that necessary for emergency vehicles: (a) Surfacing. Private driveways with an average slope of twelve (12) percent or more shall be surfaced with asphalt or concrete while private driveways with an average slope of less than twelve (12) percent shall be provided with an all-weather surface. No driveway shall be allowed to exceed an average slope of twenty (20) percent unless adjusted (Section 9-1.112) upon a determination that no other feasible alternative is available. Plan and profile drawings may be required by the Planning Director in order to determine the average slope. (b) Width. Private driveways shall have a minimum width of twelve (12) feet. (c) Vertical Clearance. Private driveways shall have a vertical clearance of fourteen (14) feet. 9-4.128 Fencing and screening. Standards for fencing and screening are established by this section to protect certain uses from intrusion, to protect the public from uses that may be hazardous, and to increase compatibility between different land uses by visual screening. Fencing is the enclosure of an area Ordinance No. 670 Exhibit B by the materials identified in subsection (c) of this section. Screening is the enclosure of an area by a visual barrier, which may include solid fencing or other materials, as specified in subsection (c) of this section. (a) Fencing and Screening—Where Required. Within the urban services line, the uses and areas listed in this subsection shall be fenced and/or screened, as indicated. Unless otherwise specified, fencing and screening are to be a minimum height of six (6) feet. Fencing and screening materials of a height greater than three (3) feet shall not be located within a required primary, secondary, or corner street setback. (1) Utility and Mechanical Equipment. When located outside of a building, support equipment, including all roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems, but not including plumbing or exhaust vents, or chimneys, shall be screened to the height of the particular piece of equipment, as follows: (i) Roof-Mounted Equipment. To be screened by architectural features from the view of abutting streets. (ii) Equipment at Grade. All exterior support equipment shall be screened or incorporated into the design of buildings so as to minimize visual impact from the public right-of-way or adjacent residential zones. Screening materials shall be consistent with the exterior colors and materials of the building or shall include evergreen landscaping that will grow to fully screen the equipment within 6 months of installation. This subsection does not apply to single-family residential uses. (a) The Design Review Committee (DRC) may grant an exception to these requirements. In granting a request for an exception, the Design Review Committee (DRC) shall find that screening is infeasible due to health and safety or utility requirements. (2) Outdoor Storage. To be screened on all sides by a wall or fencing. (3) Public Utility Substations. To be screened on all sides in a manner that will provide an effective visual barrier as well as the necessary safety clearances required by order of the California Public Utilities Commission. (4) Side and Rear Lot Lines. The side and rear property lines of all nonresidential uses are to be screened as follows: (i) Adjacent to a Residential Use or Zone. A solid wall or fencing shall be located on side and rear property lines of any nonresidential or nonagricultural use abutting a residential use or zone. (5) Swimming Pools. Yard areas with private swimming pools must be constructed per building code requirements. Ordinance No. 670 Exhibit B (b) Exceptions to Fencing and Screening Requirements. (1) Buildings Abutting Property Lines. Required screening or fencing may be omitted along any lot line where a building wall exists immediately abutting the lot line. (2) Location Adjustment. Where property fencing or screening is required, the location may be adjusted by approval of an administrative use permit (refer to Section 9-1.112 of this title), so the fencing may be constructed at or within the setback line, provided the areas between the fence and the property lines are landscaped, or in rural areas, retained in their natural vegetative state. (3) Planning Commission Modification. Any of the requirements of this section may be waived or modified through conditional use permit approval, provided the Planning Commission first finds that specifically identified characteristics of the site or site vicinity would make required fencing or screening unnecessary or ineffective. (c) Standards for Fencing and Screening Materials. All fencing and screening shall be allowed as follows: (1) Height. Fence and screen height shall be permitted as follows: (i) RS/RR/RSF-Z/RSF-Y (with One (1) Acre Net or Larger) Zones. a. Fencing within a required street setback may be up to five (5) feet in height, provided that the top two (2) feet remain a minimum of eighty percent (80%) visibility. The fence shall not impair safe sight distance for vehicular traffic nor result in any other potential adverse impact on human health and safety (refer to engineering standard: Minimum Sight Distance for Driveways and Intersecting Roads with Stop Control). b. Fencing associated with agriculture type activities, including, but not limited to, “deer fencing” and other fencing that is a minimum of eighty percent (80%) visible may be up to seven (7) feet in height. Chain link fencing, wrought iron fencing, and any other decorative type of fencing is not considered “agriculture” type fencing for the purposes of this subsection. c. Fencing within a required side or rear setback may be a maximum of six (6) feet in height. (ii) RSF-Y (Less Than One (1) Acre Net) /RSF-X/LSF-Z/LSF-Y/LSF-X/RMF-10/RMF- 20. a. Fencing within a required primary, secondary, or corner street setback can be a maximum of four (4) feet in height. b. Fencing within a required side or rear yard setback shall be a maximum of six (6) feet in height. Ordinance No. 670 Exhibit B (iii) Residential Gates. a. Gates are permitted in single-family residential zoning districts for private driveways. b. Gates shall be setback a minimum of twenty (20) feet from the right-of-way in accordance with engineering standards. c. Gates shall be a maximum of twelve (12) feet in height and shall remain residential in nature. d. Gateposts and other superstructures over site entrances and exits may be up to twelve (12) feet in height. e. Gates shall comply with emergency access standards. f. Gates shall not swing open toward the street unless the maximum swing is not closer than sixteen (16) feet from the edge of the right-of-way. g. Gates or associated structures shall comply with minimum sight-distance standards. h. A construction permit shall be required for all gates that exceed six (6) feet in height or contain electrical components. (iv) Height Measurement. Fence height shall be measured from the adjacent grade of the downhill side of the wall, fence, or hedge. a. Where fences or walls are located on retaining walls or berms, the height of the retaining wall or berm shall be considered as part of the overall height of the fence or wall if the retaining wall or berm exceeds two (2) feet in height. b. If a retaining wall is terraced and separated by five (5) feet of horizontal space or greater, they shall be considered individual walls for the purposes of measuring height. (v) CN/CP/CR/CS/CT/CPK/DC/DO. a. Barbed wire/ razor wire/ concertina wire shall not be located in commercial zones. This does not apply to agricultural fencing utilized in a low height four (4) feet in height or less within a rural setting to enclose livestock. (vi) IP/I zones. a. Barbed, razor, or concertina wire is subject to approval of the Design Review Committee (section 9-2.107) if findings can be made that it will not negatively impact the health and welfare of the surrounding area and its appearance is consistent with surrounding properties and land uses. Ordinance No. 670 Exhibit B (2) The Design Review Committee (DRC) may grant an exemption to the front setback fencing requirement to a maximum of six (6) feet in height if proposed fence would be consistent with the neighborhood character and does not impair site distance for vehicular traffic, as reviewed by the City Engineer. (3) Permit to Exceed Height. A minor conditional use permit approval is required where fencing is proposed to be greater than six (6) feet in height within or outside any required setback, with the exception of fencing described in subsection (c)(1)(i)(b) or subsection (c)(1)(ii)(a). (4) Screening Materials Substitution. Where screening is required to be a solid wall or fence, the following materials may be substituted subject to the approval of the Community Development Director, except where screening is required adjacent to a residential use or zone: (i) Landscape Screen. Screening plant materials may be substituted for a wall or fence, where: a. Notwithstanding section 9-4.128(a)(1)(ii), proposed plant materials are certified in writing by a registered landscape architect as having the capability of achieving sixty percent (60%) of total view blockage within eighteen (18) months of planting, and one hundred percent (100%) of total view blockage within thirty-six (36) months of planting; and b. The applicant agrees in writing to install solid fencing after the expiration of thirty-six (36) months, in the event that the landscaping has not totally blocked the view of areas required to be screened. (ii) Berms. A landscaped berm may be substituted for a wall or fence, provided that the combination of berm and landscaping is no less than the required height of the fence or wall, and that the berm is constructed with a maximum slope of three to one (3:1), with side slopes designed and planted to prevent erosion, and with a rounded surface a minimum of two (2) feet in width at the highest point of the berm, extending the length of the berm. The berm shall be planted with shrubs, lawn or groundcover. (iii) Chain-Link Fencing. Vinyl-coated, chain-link fencing with evergreen landscape screen planting may be substituted for a solid wall or fence in commercial and industrial zones, except where screening fencing is required adjacent to residential uses and zones 9-6.105 Home occupations. An accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods or services is subject to the standards of this section. (a) Appearance, Visibility and Location. The standards of this section determine what physical changes may occur in a dwelling unit to accommodate a home occupation and where on a residential site a home occupation may be conducted. Ordinance No. 670 Exhibit B (1) Changes to the Dwelling. The home occupation is not to change the residential character of the outside appearance of the building, either: (i) By the use of colors, materials, lighting, signs or by the construction of accessory structures or garages visible from off-site and not of similar character as the residence; or (ii) By the emission of noise, glare, flashing lights, vibrations or odors not commonly experienced in residential areas. (2) Display of Products. The display of home occupation products for sale, in a manner visible from the public street or adjoining properties, is prohibited. (3) Outdoor Activities. On sites of less than one (1) acre, the use shall be conducted entirely within a principal or accessory structure except instructional activities that may be performed outdoors. Outdoor storage of materials related to the home occupation is allowed only on parcels one (1) acre or larger (except as otherwise provided by Section 9-6.103), where such storage is to be screened from view of any street or adjacent property. (4) Use of Garage or Accessory Structure. The use of a garage or accessory structure is allowed subject to Section 9-6.106, except that the conduct of the home occupation shall not preclude the use of the garage for vehicle parking unless any required replacement parking can be accommodated on site. (b) Area Devoted to a Home Occupation. The home occupation shall be incidental and subordinate to the principal use of the site as a residence. (c) Employees. No person other than members of the household residing on the premises may be employed and working on the site, except that employees, including independent contractors, partners, and similar employee-type relationships, may be permitted through administrative use permit approval (refer to Section 9-1.112) as follows: (1) The number of employees shall be unlimited, if the following criteria can be complied with: (i) The employees do not work at or report to the site of the home occupation during, or immediately before or after, the normal operating hours of the business. (ii) No additional vehicles, equipment, or outside storage shall occur at the residence as a result of the increased number of employees. (2) A maximum of two (2) employees, if the following criteria can be complied with: (i) No additional client vehicles are generated to the premises as a result of the increased number of employees. Ordinance No. 670 Exhibit B (ii) The function of the employees in working on the site is to provide direct service to the employer rather than to the clients of the business. (iii) It is necessary for the operation of the business to have the employees working at the site of the home occupation. (iv) Any additional vehicles, equipment, or outside storage can be maintained on the site in compliance with subsection (a) of this section. (v) The allowance of employees will not have any adverse effect on the surrounding residential area. (d) Hours of Operation. Hours of operation are unrestricted except that home occupations which generate sounds audible from offsite shall be limited to the hours from 7:00 a.m. to 7:00 p.m., provided that such home occupation complies with the standards of Chapter 9-14. (e) Limits on the Kinds of Home Occupations Allowable. Subject to all of the standards of this section, allowable home occupations consist of: (1) Office-type personal or business services (including personal instruction such as music lessons or contracting services not involving on-site storage of materials or equipment) that do not involve the presence of more than one (1) client vehicle at any one (1) time; (2) Handcraft or artwork production, including, but not limited to, pottery and ceramics, artistic glass or metalwork, electronic components, woodcarving and woodworking (except for mass-production operations such as cabinet shops), antique furniture restoration, painting and photography, except when such use involves on-site use of equipment requiring more than standard household electrical current at one hundred ten (110) or two hundred twenty (220) volts or that produces noise (refer to Chapter 9-14), dust, odor or vibration detrimental to occupants of adjoining dwellings; (3) The personal sale of cosmetics, personal or household products (except appliances), or other goods or products; when such sales occur on the premises of the purchaser, provided that wholesale sales may occur pursuant to subsection (f) of this section, or occur off the premises in some other approved location; and (4) Small-scale agricultural accessory uses and horticultural specialties. (f) Sale of Products. On-site retail sales of the products of a home occupation are prohibited, except: (1) Garage sales or the sale of handcrafted items and artwork produced on site are allowed not more than twice per year, for a maximum of two (2) days per sale; (2) Home distributors of cosmetics and personal or household products may supply other approved home occupation proprietors; and Ordinance No. 670 Exhibit B (3) Agricultural produce stands are permitted consistent with Section 9-6.117. (g) Signing. One (1) identification sign with a maximum area of two (2) square feet may be erected pursuant to Chapter 9-15. A commercial vehicle carrying any sign identifying the home occupation and parked on or adjacent to the residential site visible from the public street is included in determining the maximum allowable area of on-site fixed signs. (h) Parking and Traffic. Traffic generated by a home occupation is not to exceed the volume normally expected for a residence in a residential neighborhood. All parking needs of the home occupation are to be met off the street. For purposes of this section, normal residential traffic volume means up to ten (10) trips per day. This subsection does not apply to garage or handcraft sales pursuant to subsection (f)(1) of this section. (i) Oversized/ Heavy Equipment Storage. Storage of oversized equipment is limited to one item that may be stored onsite. Heavy equipment includes, but is not limited to self-propelled, self-powered or pull-type equipment and machinery, weighing 5,000 pounds or more, primarily employed for construction, industrial, and forestry uses (e.g., water tender, backhoe, mini- excavator, and SWECO tractor). Any on-site storage of heavy equipment associated with a home occupation may only be approved if the following condition are met: (1) Equipment must be entirely screened from the public right-of-way and adjacent parcels. (2) The City Engineer must determine there is adequate access and that the equipment will not unreasonably impact surrounding public streets. 9-6.106 Residential accessory uses. The standards of this section apply to the specific types of residential accessory uses and structures as listed. Standards for agricultural accessory structures are subject to Section 9-6.109. Agricultural accessory structures for the keeping of animals are subject to Section 9-6.112. (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. Ordinance No. 670 Exhibit B (2) Floor Area. The maximum gross floor area of a detached accessory structure is not to exceed one hundred percent (100%) of the gross floor area of the principal structure, up to two thousand (2,000) square feet, whichever is less. (3) Appearance and Design. An accessory structure that exceeds fifty percent (50%) of the gross floor area of the principal structure shall adhere to the following criteria: (i) Accessory structure shall not be located between the primary structure and the public roadway, unless no purpose of the location limitation is served based on the size, topography, or unique situation of the property; (ii) Accessory structure shall be compatible with the pattern of development in the neighborhood (there are similar structures on adjacent properties, and properties are of a size, nature and topography so as to not create a significant aesthetic impact); (iii) Accessory structure is compatible or complementary with the architectural style of the primary structure; (iv) The accessory structure is located on a conforming lot or a lot that is one (1) acre (net) or greater; (v) The accessory structure can be built to avoid substantial grading and the removal of significant native trees; (vi) The accessory structure does not block sunlight for adjacent properties, alter site distance for roads or driveways, nor substantially alter the visual quality of the property; (vii) The accessory structure shall be located no closer than ten (10) feet to the side property line as measured from the nearest roof eave; and (viii) The accessory structure shall be located no closer than forty (40) feet to the nearest residential dwelling on an adjacent property. (4) Exceptions. The following exceptions shall apply to the size and/or design criteria limitations: (i) The size of an accessory structure may be increased above the size limitations with an approval of an Administrative Use Permit (ii) If a structure cannot meet the design criteria for an accessory structure exceeding 50% of the gross floor area of the primary structure, exceptions may be granted through the approval of an Administrative Use Permit. (5) 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: Ordinance No. 670 Exhibit B (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 between structures. If structures are abutting, the aggregate area of the buildings shall be considered one (1) building and shall require a building permit; and (vii) Hoop Structures/Greenhouses. Limited to two (2) per residential property. Additional structures may be approved with DRC approval. (6) Offices/Art Studio. Offices or art studios are defined as any type of residential occupancy construction (R) with no kitchens, no overnight stays, cooking facilities and/or no bathing facilities (one (1) water closet is permitted). Studios shall be limited to four hundred fifty (450) square feet. Studios greater than four hundred fifty (450) square feet shall be considered accessory or urban dwelling units. Deed restrictions shall be required for any proposed office or art studio with plumbing limiting the use of the studio. (7) Number of Structures. The number of nonexempt accessory structures requiring a building permit shall be limited to three (3) 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. Ordinance No. 670 Exhibit B (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) Notwithstanding section 9-6.106(b)(4), detached accessory structures that deviate from requirements are subject to the approval of a minor conditional use permit. (2) Minor Use Permit Required: A minor Use Permit shall be required for the following: (i) Any detached accessory structure in excess of the three (3) structures permitted (ii) 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. (e) Agricultural Accessory Uses. This subsection applies to small-scale agricultural uses that are incidental to a primary use in Residential Zoning Districts. (1) Hobby crop production and processing. Incidental crop production and small-scale processing is permitted subordinate to the residential use of the property. Any accessory structures used for this purpose must comply with accessory structure standards of this section. (i) Agriculture intended for commercial use must also comply with home occupations standards as listed in Section 9-6.105. (2) Produce stands are permitted in compliance with Section 9-6.117. (3) Farm animal raising is permitted in compliance with Section 9-6.112. 9-6.125 Schools, preschools, and child day care facilities. The provisions of this section apply to preschools and public and private schools providing instruction for preschool through twelfth grade children; business and vocational schools; and to preschools and other facilities including individual homes where day-care services are provided to more than six (6) children. (a) Elementary and High Schools. (1) Location. No closer than one thousand (1,000) feet to CS, CPK, IP and I Zones or five hundred (500) feet from a CR Zone. (2) Parking. Off-street parking is to be provided at a ratio of two (2) spaces for each classroom, and one space for one hundred (100) square feet of administrative or clerical office space. Except that where Section 9-4.114 would require more spaces for an on-site auditorium, stadium, gymnasium or other public or sports assembly facility, the larger number of spaces is to be provided. Ordinance No. 670 Exhibit B (b) Business and Vocational Schools. (1) Limitation on Use. Business and vocational schools are allowed in the IP Zones only when the curriculum offered is primarily in subjects relating to industry and/or manufacturing. (2) Parking. Off-street parking is to be provided at a ratio of one (1) space per seat in the largest classroom or instructional area, in addition to spaces required for any proposed auditorium by Section 9-4.114. (c) Preschools and Child Day Care. The following standards apply in addition to the state licensing requirements in Title 22 of the California Administrative Code. (1) Minimum Site Area – Preschools and Child Care Centers. Six thousand (6,000) square feet where a facility is to accommodate fifteen (15) or more children. (2) Site Design Standards. (i) Fencing. All outdoor play areas are to be enclosed with fencing a minimum of four (4) feet high: provided that such fencing is to be solid and a minimum of six (6) feet in height on any property line abutting a residential use on an adjoining lot. (ii) Parking and Loading Requirement. For facilities with six (6) or less children, no requirement other than that normally required for a residence; for facilities with seven (7) to fourteen (14) children, one (1) space per employee, two (2) guest spaces, and an off-street drop- off area that can accommodate at least two (2) cars must be provided in addition to the parking normally required for the residence; to be established through conditional use permit approval for facilities with more than fourteen (14) children. 9-6.135 Residential care facilities. (a) Minimum Site Area. Ten thousand (10,000) square feet is the minimum site area for more than six (6) boarders. (b) Fencing. Any play areas for children are to be fenced to prevent uncontrolled access to and from the site. (c) Parking. Non-medical facilities shall meet multi-family parking standards. For facilities with medical care, parking is to be provided as set forth in Section 9-6.134(b). 9-6.167 Towing Services Establishments defined as towing services are subject to the following standards: (a) Location Criteria. The location shall be as follows: 1. Street Characteristics. A towing service shall be approved only on an arterial or collector road. Ordinance No. 670 Exhibit B (b) Site Design Criteria. In addition to the other applicable standards of this title, the following are applicable to service stations: (1) A minimum 10-foot wide landscape setback shall be provided along all street frontages. If the towing service and vehicle storage yard is utilizing an existing building with less than 10 feet between the building and any right-of-way, the provided setback shall be landscaped. (2) All outdoor storage areas shall be screened from the right of way and adjacent properties by a minimum six-foot high solid fence or masonry wall around the entire perimeter of the outdoor storage area. (3) Outdoor storage areas that abut a residential zone shall be separated from such property by a landscaping strip with a minimum width of ten (10) feet. (4) All parking areas are to be surfaced with an asphalt, concrete, or crushed rock surface. (5) Outdoor vehicle storage shall be limited to 8,000 square feet. A larger outdoor storage area shall be subject to the review and approval of a conditional use permit and shall be at least than 300 feet from a residential zoning district. 9-6.177 Temporary events. Where allowed, temporary events are subject to the standards of this section; except when such events occur in theaters, convention centers, meeting halls, or as part of a City sponsored event on public property. Swap meets are subject to the standards of Section 9-6.139. (a) General Requirements. (1) Public Events. No permit is required for free events held at a public park or on other land in public ownership when conducted under the management of a public agency. (2) Commercial Events. Temporary commercial outdoor events require the approval of a Temporary Event Permit and are subject to the provisions of this section and regulations governing business licenses. (3) Parades. Parades and other temporary events within the public right-of-way are not subject to these Temporary Event standards, provided that all requirements of the City Engineer and Police Department are met. (b) Time Limit. A temporary event may be held in a single location for a period no longer than twenty (20) cumulative days per year unless a longer time period is approved through an Administrative Use Permit. (c) Site Design Standards. Ordinance No. 670 Exhibit B (1) Access. Outdoor temporary events shall be provided with unobstructed access from the event site to a publicly maintained road and must provide adequate access to emergency services throughout the event site, subject to review and approval of the City Fire Marshal. (2) Parking. Adequate off-street parking shall be provided for the proposed event, except that temporary events in the Downtown Commercial zoning district shall not require off-street parking. All parking areas shall be on a non-flammable surface. (3) Restrooms. Establishment of temporary food services (food trucks) shall have access to approved restrooms on site. Restroom facilities located off-site within 200 feet of the food service may be approved, subject to the approval of the Building Official. (4) Installation of electrical service or fixtures governed by the building code for a temporary event site shall be subject to City review of a construction permit, unless otherwise exempted by the City Building Official. (5) Tents or related structures that are greater than 400 square feet shall require a construction permit, subject to the approval of the Fire Marshal. (d) Guarantee of Site Restoration. A bond or cash deposit may be required for approval of a temporary event to guarantee site restoration after use, and operation in accordance with the standards of this title. The guarantee shall cover both operation and restoration and is subject to the provisions of Section 9-2.121. 9-9.102 General definitions. Update the following definitions: Residential additions. Residential additions (additions) are defined as an increase of floor area to a residential unit, including attached uninhabitable space. Habitable residential additions shall have a continuous, logical internal connection of conditioned space that provides for access to all portions of the unit and addition. Doors or other partitions may not be used to create two (2) separate living spaces. The addition shall not have a secondary kitchen; however, a wet bar is permissible as defined herein. Habitable additions must have a minimum ten (10) feet of shared common wall Uninhabitable additions must have a minimum of ten (10) feet of shared common wall. Structures connected by a breezeway or other open sided elements are considered detached structures. Ordinance No. 670 Exhibit B