HomeMy WebLinkAboutOrdinance 552 r
CERTIFICATION
1, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Mascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 552, adopted by the
Atascadero City Council at a regular meeting thereof held on September 14, 2010, and that it has
r been duly published pursuant to State Law.
DATED: �! e?Z— O Y Wt(�.� /�f"l�lAnt< Ib
Marcia McClure Torgerson,C.M.0
City Clerk
City of Atascadero, California
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ORDINANCE NO 552
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
APPROVING ZONE TEXT CHANGE 2010-0159 AMENDING TITLE 8 AND
TITLE 9 OF THE ATASCADERO MUNICIPAL CODE
PLN 2010-1364/ZCH 2010-0159
(Citywide/City of Atascadero)
The City Council hereby finds and declares as follows
WHEREAS, an application has been received from the City of Atascadero (6907 El
Camino Real, Atascadero CA 93422), to consider Zone Change Text Amendments regarding the
creation of a Design Review Committee, Conditional Use Permit size limitation revisions, land
use descriptions for personal services, personal services-restricted and storage, recycling and
dismantling of vehicles and material, modification of front setbacks in the RMF zoning district;
modification of interior setbacks and open areas, amendments to Chapter 5-Second Residential
Units, amendments to residential accessory uses, elimination of interim church uses in the CS
and CPK zoning districts, revisions to the recycling and scrap uses, elimination of vehicle
storage use requirements for consistency purposes, amendments to the mobilehomes use section,
amendments to the non-conforming lots section, revisions to the Chapter 3 exceptions for fire
sprinklers in Title 8 of the Building Code and revision to permitted uses in the Downtown Office
Zoning District and,
WHEREAS, a Notice of Exemption was prepared for the project and made available for
public review in accordance with the requirements of the California Environmental Quality Act
(CEQA), and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to Title 8 Building Code and Title 9 Planning and Zoning of the
Municipal Code, and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act(CEQA) have been adhered to, and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and
Zoning Text Change application was held by the Planning Commission of the City of Atascadero
at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and
Zoning Text Amendments, and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on July 20, 2010, studied and recommended PLN 2010-1364/ZCH 2010-0159 for approval,
war and,
City of Atascadero
Ordinance No 552
Page 2 of 23
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WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on August 10, 2010 studied and considered Zone Change 2010-0159, and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS
SECTION 1 Title 8 of the Atascadero Municipal Code is amended to read as follows
903.2 Where required An approved automatic fire sprinkler system shall be
installed
1 Throughout all new buildings
Exceptions
1 Buildings containing Groups B and M occupancies where floor area
is not more than 500 square feet (46 45 m2) and located not less
than 10 feet from adjacent buildings on the same property and not
less than 5 feet from adjacent property lines
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2 Buildings containing Group U occupancies where floor area is less
than 2000 square feet (92 9 m2) and located not less than 10 feet
from adjacent buildings on the same property and not less than 5
feet from adjacent property lines, unless part of a mixed-occupancy
building containing a Group R, Division 3 occupancy
2 Throughout an existing building whenever additions exceed ten (10) percent of
the total floor area of the existing building and the total combined floor area will
exceed 2,000 square feet (185 8 m2), or a second story or greater is added, or
the occupancy is changed to a more hazardous use
Exceptions
1 Group R, Division 3 occupancies where the total combined floor
area will not exceed 3,000 square feet (278 7 m2)
2 Group B and M occupancies whenever single or multiple additions
will not exceed 1,000 square feet (92 9 m2) beyond the size of the
structure on the effective date of this regulation or the total
combined floor area will not exceed 5,000 square feet (464 5 m2),
and a second story or greater is not added, and the occupancy is
not changed to a more hazardous use
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City of Atascadero
Ordinance No 552
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3 In additions to existing buildings equipped with an automatic fire
sprinkler system
For the purpose of requiring the automatic fire sprinkler systems specified in this
chapter, the floor area within the surrounding exterior walls shall be considered as one
building
An automatic fire sprinkler system need not be installed in spaces or areas in
telecommunications buildings used exclusively for telecommunications equipment,
associated electrical power distribution equipment, batteries and standby engines,
provided those spaces or areas are equipped throughout with an automatic fire alarm
system and are separated from the remainder of the building by fire barriers consisting
of not less than 1-hour fire-resistance-rated walls and 2-hour fir-resistance-rated
floor/ceiling assemblies
SECTION 2 Title 9 of the Atascadero Municipal Code is amended to read as follows
Chapter 2 Applications, Content, Processing, and Time Limits
9-2.107 Design Review Committee
(a) Purpose The Design Review Committee is established to implement the
goals and policies of the General Plan The intent is to ensure that the physical design
of new development meets the following objectives
(1) Maintaining the rural character and identity of Atascadero,
(2) Enhancing the appearance and character of the City, by reviewing the
architecture and site plans for commercial, office, industrial, single family residential
subject to CEQA and multi-family residential projects,
(3) Ensuring that development is compatible with, surrounding uses and
improvements by requiring building designs that provide appropriate visual appearance
and site plans to mitigate neighborhood impacts
(b) Design Review Committee—Composition The City Council shall appoint
the Design Review Committee The Development Review Committee shall consist of
the following
(1) Two (2) members of the City Council,
(2) Two (2) members of the Planning Commission,
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Ordinance No 552
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a' (3) One (1) at large member resident of the City This at large member shall
be a resident of the City The Council shall choose an at large member that best fits the
intent of the Design Review Committee
(c) Terms of Service The Design Review Committee members from the City
Council and Planning Commission shall serve a two (2) year term This service term
shall commence at the date of appointment The at large member resident shall have a
service term of two (2) years This term shall begin at the date of appointment by the
City Council
(d) Authority The Design Review Committee has the authority to approve
and make recommendation in regards to the architectural appearance, signage, site
plan and landscape plan of the following projects
(1) All Multi-family Residential projects
(2) All non-residential projects including commercial, office, mixed-use, and
industrial developments)
(3) All Public Facility projects and buildings
(4) Development in an open space zoning district.
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(5) Any residential single family residential development requesting a planned
development permit.
(6) Development projects requiring a precise plan, conditional use permit,
zone change or general plan amendment.
(e) Meeting The Design Review Committee shall convene once a week, as
needed This meeting shall consist of the Committee, the Community Development
Director, pertinent city staff members and the applicant.
(f) Appearance Review Approval The Design Review Committee shall take
into consideration the following criteria in either approving the design of a project or
making recommendations for projects that require Planning Commission approval The
Design Review Committee may require or recommend additional conditions of approval
The following is a list of criteria that the Design Review Committee shall take into
consideration
(1) The goals and policies established by the General Plan,
(2) Guidelines and standards for development set forth by the Appearance
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Review Manual,
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Ordinance No 552
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am (3) The proposed development plan is compatible with, and is not detrimental
to surrounding land uses and improvements provide appropriate visual appearance,
(g) Determination
(1) The Community Development Director shall provide the applicant with
correspondence regarding the outcome of the meeting, including any additional
conditions of approvals that is required or recommended by the Committee
(h) Compliance All requirements imposed by Design Review Committee shall
be incorporated into a building permit and completed prior to permit final Failure to
comply with the requirements of Development Review Committee constitutes a violation
of this code
(i) Appeals Appeals of decisions from the Design Review Committee shall
be made to the Planning Commission and filed within 15 days of the Design Review
Committee's decision Any additional appeals shall be consistent with section 9-1 111
of this chapter If the Design Review Committee cannot reach a decision on a design
review issue, the Committee may refer this issue to the Planning Commission
9-2 108 Plot plan
9-2 109 Precise plan
9-2 110 Conditional use permit.
The conditional use permit is the process used to review land use proposals of a
nature or magnitude which could significantly affect their surroundings Such land use
proposals include
(i) Uses that are shown as conditional uses in a particular zoning district; or
(ii) Multiple-family residential developments consisting of twelve (12) or more
units, even if such a development is listed as an allowed use in a particular zoning
district, or
(iii) Nonresidential development containing fifty-thousand (50,000) square feet
or more of building footprint area, even if such a development is listed as an allowable
use in a particular zoning district; or
(iv) Outdoor commercial and industrial sales and storage developments as
defined by 9-9 102 of ten-thousand (10,000) square feet or more, even if such a
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development is listed as an allowable use in a particular zoning district.
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Ordinance No 552
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am 9-2.111 Approved plans
9-2.112 Permit time limits
9-2.113 Substantial site work defined
9-2 114 Project completion
9-2 116 Occupancy or use of partially completed projects
9-2 116 Occupancy with incomplete site improvements
9-2 117 Extension of entitlement.
9-2.118 Lapse of entitlement.
9-2.119 Applications deemed approved
9-2.120 Applications deemed withdrawn
9-2.121 Guarantees of performance
Chapter 3 Zoning Districts
Article 29 Land Use Descriptions
Storage, Recycling and Dismantling of Vehicles and Material Establishments
primarily engaged in the storage, assembling, dismantling, sorting, and distribution of
materials, equipment and vehicles This use maybe located either outdoors or indoors
Includes, but is not limited to, auto wrecking yards, vehicle storage areas, vehicle
impounds lots, recyclable /waste material storage and transfer facilities This does not
include waste disposal sites, which are separately defined, or temporary storage of toxic
or radioactive waste materials
Personal Services Service establishments primarily engaged in providing non-
medical services as a primary use and may include accessory retail sales of products
related to the services provided These uses include the following beauty shops
(includes permanent makeup when less than 10% of overall sales), barber shops, day
spas and massage therapy where each massage therapist is certified/licensed by a
State recognized organization, shoe repair shops, dry cleaning pickup stores, clothing
rental, tailors, tanning salons, and pet grooming services, and other similar uses
Personal Services-Restricted Service establishments that may have a blighting
and/or deteriorating effect upon the surrounding area which may need to be dispersed
in order to minimize their adverse impact. Examples of these uses include, but not
limited to the following check cashing and/or pay day/same day loans, fortune tellers,
psychics, palm, tarot and card readers, tattoo and body piercing services, pawn shops
to which the business of pawn brokering, or the business of lending money upon
personal property, pawns or pledges is done, and hot tubs and saunas that are not an
accessory to a permitted use
-Adult Oriented Business Any business defined by the Atascadero Sexually Oriented
Business Ordinance (see Chapter 5-10 of this Code) as an adult arcade, adult
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bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion
picture theater, adult theater, massage parlor (excluding State licensed massage
therapy), sexual encounter establishment, or nude model studio is a sexually oriented
business
9-3 223 Conditional uses.
The following uses may be allowed in the Commercial Retail Zone The
establishment of conditional uses shall be as provided by Section 9-2 109 (Conditional
use permits)
(a) Amusement services,
(b) Bar/tavern,
(c) Caretaker residence (see Section 9-6 104),
(d) Eating and drinking places with drive-through facilities,
(e) Service station (see Section 9-6 164),
(f) Public assembly and entertainment;
(g) Indoor recreation services,
(h) Animal hospitals (see Section 9-6 110),
(i) Auto repair and services (see Section 9-6 168),
0) Churches and related activities (see Section 9-6 121),
(k) Food and kindred products (see Section 9-6 128),
(1) Pipelines,
(m) Outdoor recreation services (see Section 9-6 123),
(n) Sports assembly,
(o) Transit stations and terminals,
(p) Kennels (see Section 9-6 111),
(q) Vehicle and equipment storage (see Section 9-6 183),
am
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Ordinance No 552
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+� (r) Auto dealers (new and used) and supplies (see Section 9-6 163) (Ord 473 §
2 (part), 2005 Ord 364 § 2 (part), Exh B (part), 1999 Ord 310 § 3, Exh B (part),
1996 Ord 68 § 9-3 223, 1983)
(s) Personal Services-Restricted
9-3 232 Allowable uses
The following uses are allowed in the Commercial Service Zone The
establishment of allowable uses shall be as provided by Section 9-2 107 (Plot plans)
and Section 9-2 108 (Precise plans)
(a) All uses listed as allowable uses in the CR (Commercial Retail) Zone,
(b) Wholesaling and distribution,
(c) Light repair services,
(d) Apparel and finish products, where areas of use are less than five thousand
(5,000) square feet;
(e) Electronic and scientific instruments, where areas of use are less than five
thousand (5,000) square feet;
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(f) Furniture and fixtures, where areas of use are less than five thousand (5,000)
square feet;
(g) Animal hospitals (see Section 9-6 110),
(h) Auto repair and services (see Section 9-6 168),
(i) Laundries and dry cleaning plants,
0) Stone and cut stone products, where all areas of use are less than five
thousand (5,000) square feet;
(k) Contract construction services,
(1) Food and kindred products (see Section 9-6 128),
(m) Kennels (see Section 9-6 111),
(n) Personal Services-Restricted,
for
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Ordinance No 552
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(o) Sexually oriented businesses (see Chapter 5-10) (Ord 473 § 2 (part), 2005
Ord 364 § 2 (part), Exh B (part), 1999 Ord 300 § 2 (3), 1996, Ord 169 § 2 (part), Exh
A (part), 1988 Ord 68 § 9-3 232, 1983)
9-3 243 Conditional uses
The following uses may be allowed in the Commercial Tourist Zone The
establishment of conditional uses shall be as provided by Section 9-2 109
(a) Amusement services,
(b) Auto, mobilehome and vehicle dealers and supplies (see Section 9-6 163),
(c) Bar/tavern,
(d) Eating and drinking places with drive-through facilities,
(e) Health care services,
(f) Sales lots (see Section 9-6 139),
(g) Caretaker's residence (see Section 9-6 104),
(h) Pipelines,
(i) Personal Services-Restricted
(Ord 509 § 2, 2007 Ord 473 § 2 (part), 2005 Ord 68 § 9-3 243, 1983)
9-3.253 Conditional uses.
The following uses may be established in the Commercial Park Zone with Planning
Commission approval The establishment of conditional uses shall be as provided by
Chapter 9-2 of this title
(a) Animal hospitals,
(b) Auto repair and services (see Section 9-6 168 of this title),
(c) Bar/tavern,
(d) Chemical products,
(e) Concrete, gypsum and plaster products,
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Ordinance No 552
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(f) Eating and drinking places where areas of use are greater than two thousand
five hundred (2,500) square feet per store,
(g) Eating and drinking places with drive-through facilities,
(h) Glass products,
(i) Indoor recreational uses,
0) Lumber and wood products,
(k) Machinery manufacturing,
(1) Membership organizations,
(m) Mini-storage,
(n) Paper products,
(o) Paving materials,
(p) Pipelines,
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(q) Plastics and rubber products,
(r) Public assembly and entertainment;
(s) Sales lots (see Section 9-6 139 of this title),
(t) Structural clay pottery products,
(u) Textile mills,
(v) Transit stations and terminals,
(w) Vehicle and equipment storage (see Section 9-6 183 of this title),
(x) Warehousing,
(y) Auto dealers (new and used) and supplies (see Section 9-6 163 of this title),
(Ord 489 § 2 (part), 2006 Ord 473 § 2 (part), 2005 Ord 364 § 2 (part), Exh B (part),
1999 Ord 349 § 3, 1998, Ord 311 § 3, Exh B (part), 1996 Ord 169 § 2 (part), Exh B
(part), 1988 Ord 75 § 2 (3), 1984, Ord 68 § 9-3 253, 1983)
City of Atascadero
Ordinance No 552
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9M (z) Personal Services-Restricted
9-3 262 Downtown district allowable land uses and permit requirements
Allowed Uses and Permit P Permitted Use
Requirements for Downtown Zoning CUP Conditional Use Permit required
Districts — Use not allowed
PERMIT REQUIRESpecific Use
D
LAND USE (1) DC DO Regulations
RECREATION, EDUCATION & ASSEMBLY USES
Libraries, museums, galleries I P P
Chapter 4 General Site and Development Standards
9-4 106 Front setbacks
The front setback is measured at right angles from the nearest point on the front
property line to the building line All structures are to be set back a minimum of twenty-
five (25) feet from the nearest point on the front property line, except where this section
establishes other requirements Front setback landscaping and fencing standards are in
Sections 9-4 125(a) and 9-4 128 of this chapter, respectively
(a) A, RS, RSF, and LSF Zones All residential uses shall have a minimum
front setback of twenty-five (25) feet, except as follows
(1) Shallow Lots The front setback shall be a minimum of twenty (20) feet for
any lot less than ninety (90) feet deep
(2) Flag Lots Determination of that portion of the site to constitute the
required front yard shall be at the discretion of the applicant.
(3) Sloping Lot Adjustment. In any case where the elevation of the natural
grade on a lot at a point fifty (50) feet from the centerline of the adjacent street right-of-
way is seven (7) feet above or below the elevation of the centerline, a private garage
may be located, at the discretion of the applicant, as close as five (5) feet to the street
property line, pursuant to Section 9-1 112 of this title, provided that portions of the
dwelling other than the garage shall be established at the setback otherwise required
(4) Variable Setback Block. Where a residential block is partially developed
,, with single family dwellings having less than the required front setbacks and no uniform
City of Atascadero
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front setback is established, the front setback may be adjusted (Section 9-1 112 of this
title) at the option of the applicant, as follows
(i) Prerequisites for Adjustment. Adjustment may be granted only when
twenty-five percent (25%) of the lots on the block with the same frontage are developed
and the entire block is within a single zone
(ii) Allowed Adjustment. The normally required minimum front setback is to be
reduced to the average of the front setbacks of the existing dwellings, which include
attached garages but not detached garages, to a minimum of ten (10) feet.
(b) RMF Zone and residential uses in commercial and industrial zones All
residential units shall have a minimum setback of fifteen (15) feet. All garages shall
have a minimum front setback of twenty (20) feet.
(c) CN, CP, CR, CS, CT, CPK, IP and I Zones No front setbacks are
required Ground floor residential uses are subject to the setback requirements of
subsection (a) of this section
(1) Adjacent to Residential Zone Where a commercial or industrial zone has
a front setback, including a double frontage setback, on a street where more than fifty
percent (50%) of the lots in the same block are zoned for residential use, the front
setback shall be twenty-five (25) feet, except that a one story building or parking may
encroach into one-half (1/2) the required front setback depth
(d) L, LS and P Zone A minimum ten- (10) foot front setback is required,
provided that residential uses are subject to the setback requirements of subsection (a)
of this section
(e) Double Frontage Lots
(1) Selecting the Setback Location Where double frontage setback locations
are not specified by subdivision requirements or other applicable regulations, the
applicant may select the front setback street unless fifty percent (50%) of the lots on a
double frontage block are developed with the same front yard orientation In that case,
all remaining lots are to orient their front setbacks with the majority
(2) Double Frontage Setback Requirements A full front setback is to be
provided adjacent to one frontage, and a setback of one-half (1/2) the required front
setback depth adjacent to the other frontage
(f) Establishment of Front Setback on Zoning Map The Planning
Commission may establish greater front setbacks than those required in this section by
delineating the setback on the zoning map Procedures specified by Section 9-1 115 of
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Ordinance No 552
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this title shall be followed in establishing such setbacks (Ord 68 § 9-4 106, 1983 Ord
82 § 9-4 106, 1984)
9-4 109 Interior setbacks and open areas
Detached buildings located on the same site are to be separated as follows
(a) Accessory Buildings An accessory building is to be located no closer than
six (6) feet from any principal building or as required by the building code
(b) Residential Buildings A residential building (including a multifamily
dwelling) is not to be located closer than ten (10) feet to another building (residential or
non-residential)
(c) Exemptions The following accessory structures are exempt from the
provisions outlined in this section
(1) Decks
(2) Patio covers and landscape structures
(3) Structures under 120 square feet when exempt from a building permit
based on adopted building code and consistent with the standards set forth in 9-
6 106(b)(3)
(4) Similar accessory structures as determined by the Community
Development Director
(d) Nonresidential Buildings Set by the Building Code (Ord 68 § 9-4 109,
1983)
Chapter 5 Residential Second Units
9-5.020 Definitions.
As used in this chapter-
(a) Primary Unit. A primary unit is a single-family dwelling unit on a single-
family residential zoned legal lot of record All other uses and structures on said lot shall
be accessory to the primary unit.
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am (b) Second Unit. Second residential units are defined as residential
occupancy constructions (R) with a kitchen and full bathroom that is accessory to the
primary unit and intended for permanent occupancy by a second household
(c) Guesthouse Guesthouses are defined as residential occupancy
construction (R) with a full bathroom, no kitchen or cooking facilities regardless of
number or configuration of rooms and are the same as second units for the purposes of
defining use and calculating fees
(d) Granny Unit. Granny units are defined as residential occupancy
construction (R) with a kitchen and a full bathroom and are the same as second units for
the purposes of defining use and calculating fees
(e) Detached Accessory Structure A detached accessory structure is a
structure located on a residential lot occupied by a primary unit, exclusive of second
units
(f) Office/Art Studios 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 second units Deed restrictions shall be required for any
low proposed studio with a water closet limiting the use of the studio
(g) Workshops and Garages Workshops and garages are defined as utility
occupancy constructions (U) with no kitchens, no cooking facilities and/or no residential
occupancy requirements (i e Title 24) A utility bathroom with shower or any other
plumbing may be installed with a deed restriction that limits the buildings use to
nonresidential purposes State approved wood burning appliances are permissible
Attached structures may be permitted consistent with 9-5 060 and 9-6 106
(h) Residential Additions Residential additions (additions) are defined as an
increase of habitable floor area to a primary residential unit. Additions shall have a
continuous, logical internal connection of conditioned space that provides for access to all
portions of the primary unit and addition Doors may not be used to create two separate
living spaces
The addition shall not have a secondary kitchen, however a wet bar is permissible as
defined by 9-5 020 0) Additions must have a minimum 10-foot of shared common wall A
breezeway or similar roof connection of unenclosed or unconditioned space, regardless
of length, shall not be considered to be a residential addition
(i) Recreational Vehicle Recreational vehicles are defined as any vehicle,
coach, camper, travel trailer, boat, or similar movable residential facility that does not
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Ordinance No 552
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am have a permanent foundation Recreational vehicles are not permitted to be used as
any type of second unit or residential accessory use (Ord 454 § 3 (part), 2004)
(j) Wet Bar A wet bar is defined as a small counter equipped with a sink for
running water consistent with the following
(1) A wet bar does not include a stove, built in microwave, dishwasher, or garbage
disposal
(2) A gas line shall not be installed in proximity to a wet bar
(3) A wet bar sink shall have a single trap drain size limited to 1 Y2-inches
maximum
(4) A wet bar shall include a counter with a maximum eight foot (8') length and not
to exceed 24 square feet of total counter space
(k) Any deviations from the above standards may be approved by the
Planning Commission through the issuance of a Conditional Use Permit.
(1) A wet bar does not include a stove, built in microwave, dishwasher, or garbage
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disposal
(2) A gas line shall not be installed in proximity to a wet bar
(3) A wet bar sink shall have a single trap drain size limited to 1 Y2-inches
maximum
(4) A wet bar shall include a counter with a maximum eight foot (8') length and not
to exceed 24 square feet of total counter space
(k) Any deviations from the above standards may be approved by the
Planning Commission through the issuance of a Conditional Use Permit.
9-5.040 Permit required.
(a) Permit Required A building permit application shall be required for the
construction or conversion of any second unit. (Ord 454 § 3 (part), 2004)
9-5.060 Development standards
Second units shall be subject to all development standards of the RS, RSF-Z,
LSF-Z, RSF-Y, LSF-Y, RSF-X, or LSF-X zoning districts and/or planned development
overlay districts in which the property is located, except as modified in this section
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aw (a) Floor Area The total floor area of a second unit shall not exceed one
thousand-two hundred (1,200) square feet. All development on a lot, including second
units, must conform to the development standards of the underlying zoning district,
including, but not limited to, setbacks, building separations, maximum lot coverage,
grading limitations, and native tree preservation
(b) Height. Second units shall conform to the height limits of the underlying
zoning district.
(c) Setbacks A second unit shall maintain the setbacks required in the
underlying zoning district for a primary dwelling Detached second units shall not be
considered as detached accessory buildings for the purpose of determining setbacks
(d) Building Separations A minimum separation of ten (10) feet shall be
maintained between the primary dwelling and a detached second unit.
(e) Off-street Parking Off-street parking for the second unit shall be provided
as follows and in addition to any required parking for the primary unit.
(1) One (1) covered parking spot for the first bedroom An additional
uncovered or covered parking spot is required for any additional bedrooms
(2) The off-street parking spaces for second units must be on a paved
surface, measure ten (10) feet in width if covered, nine (9) feet in width if uncovered,
and twenty (20) feet in depth, tandem spaces may be approved for second units,
(3) Parking spaces for second units may not occupy driveways and back-up
areas that serve garages for the primary dwelling, nor may they occupy circular drives
or hammerhead turnarounds that serve the primary unit (which are intended to provide
means by which vehicles can enter a street head-first),
(4) Parking spaces for second units may occupy areas for required rear and
interior side yards,
(5) Primary dwellings with three (3) car garages may allow one (1) bay and
the driveway space in front of the bay to be used for a second unit off-street parking,
(6) If the lot takes access from a collector or arterial street, as designated in
the circulation element of the general plan, parking for second units shall be designed
so that vehicles exit forward into the street.
(f) Unconditioned Spaces Structures such as garages andworkshops
attached to second units shall be accessory to the second residential unit and shall be
limited to an additional 500 square feet Any additional unconditioned space in excess
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Page 17 of 23
aw of 500 square feet, or any garage area not provided with direct interior access to the
second unit, shall no longer be considered accessory to the second residential unit.
(g) The total maximum amount of paving for parking for both the primary and
second unit in a front setback is fifty percent (50%) of the front yard setback area
(h) Architectural Design The design of the second unit shall be compatible
with the design and scale of the primary dwelling (using substantially the same
landscaping, color, materials and design on the exterior)
(i) Private Open Space Requirement. A second unit shall have a minimum
private open space area of two hundred fifty (250) square feet. This required open space
shall not be located within a required front yard setback. No portion of an open space
area shall have a dimension of less than ten (10) feet in width
(j) Attached Second Units If the second unit is attached to the primary
dwelling, each shall be served by separate outside entrances The interior wall(s) of an
attached unit which separate it from the main unit shall be fire-rated according to the
most recent Building Code (Ord 454 § 3 (part), 2004)
Chapter 6 Special Uses
9-6 106 Residential accessory uses.
The standards of this section apply to the specific types of residential accessory
structures listed Agricultural accessory structures for the keeping of animals are subject
to Section 9-6 112
(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 maybe
required by the adopted building code), and provided that they are fenced as required
by Section 9-6 128
(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, maintenance
or mechanical work on vehicles owned or operated by the occupants, for an approved
home occupation, or for other similar purposes
City of Atascadero
Ordinance No 552
Page 18 of 23
+� (2) Floor Area The gross floor area of a detached accessory structure is not
to exceed fifty percent (50%) of the gross floor area of the principal structure
(3) Residential accessory structures 120 square feet or less are exempt from
requiring a permit if the structure is incidental to the primary use and meets the following
requirements
(i) The structure does not create a nuisance,
(ii) The use of the structure is permitted under its zoning,
(iii) The structure meets the property's rear and side yard minimum setback
requirement of three (3) feet if the structure less than twelve (12) feet in
height;
(iv) If the structure is more than twelve (12) feet in height, standard setback
shall be required regardless of exemption,
(v) The accessory structure is located outside of the required front yard
setback,
(vi) A minimum six (6) feet of separation is required between accessory
structures regardless of exemption, unless otherwise noted by the
adopted building code If the accessory structures have less than a six (6)
foot setback, the aggregate area of the buildings shall be considered one
(1) building and shall require a building permit
(4) Number of Structures The number of non-exempt accessory structures
requiring a building permit shall be limited to two (2) structures
(c) Mini-bike, motorcycle, dirt bike or similar two (2) or more wheel motor
vehicle riding is allowed subject to the following limitations
(1) No more than two (2) such vehicles shall be operating at the same time
(2) Operation is limited to a maximum of two (2) hours in a day
(i) This 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
City of Atascadero
Ordinance No 552
Page 19 of 23
aw (4) Notwithstanding the above, no such use shall be allowed prior to noon on
Sundays
(5) Any violations to the above-mentioned limitations are subject to cost
recovery for responses to disturbances, as listed in Section 9-14 14
(d) Exceptions to Accessory Structure Standards
(1) Detached accessory structures that deviate from requirements are subject
to the approval of a minor conditional use permit.
(2) Any detached accessory structure in excess of the two (2) structures
permitted or when multiple exempt accessory structures (less than 120 square feet) are
constructed on the premise that are no longer accessory uses to the primary unit as
determined by the Community Development Director is subject to the approval of a
minor conditional use permit. (Ord 454 § 3 (part), 2004 Ord 449 § 1, 2004, Ord 412
§ 3, 2003 Ord 68 § 9-6 106, 1983)
9-6 121 Churches and related activities
Religious meeting facilities are subject to the following standards
(a) Location Church facilities shall be located on a collector or arterial
(b) Limitation on Use When located in an RS, RSF or LSF Zone, related
activities may be limited to a Sunday school, an accessory residence, and small
meeting rooms Schools, gyms and facilities other than the sanctuary designed for large
gatherings may be prohibited
9-6 131 Storage, Recycling and Dismantling of Vehicles and Materials.
(a) Location At least five hundred (500) feet from any school, church,
hospital, public building, commercial, or residential zone
(b) Minimum Site Area One acre
(c) Parking Requirement. Two (2) spaces, plus one space for each five
thousand (5000) square feet of use area
(d) Site Design and Operation All outdoor and indoor Recycling facilities,
wrecking yards, and impound lots are subject to all provisions of Section 9-6 140 (Ord
68 § 9-6 131, 1983)
City of Atascadero
Ordinance No 552
Page 20 of 23
+rr.
9-6 140 Storage yards
Outdoor storage yards, excluding the storage of vehicles in a day use parking lot
or garage, are subject to the provisions of this section The storage of vehicles in a
public or commercial parking lot or garage is subject to Section 9-4 114, the storage of
wrecked, abandoned or vehicles being dismantled, is subject to Section 9-6 131, in
addition to this section
(a) Site Design Standards
(1) Access There shall be only one access point to a storage yard for each
three hundred (300) feet of street frontage Such access point is to be a maximum width
of twenty (20) feet and shall be provided with a solid gate or door
(2) Screening A storage yard, except a temporary offsite construction yard, is
to be screened from public view on all sides by solid wood, painted metal or masonry
fencing, with a minimum height of six (6) feet. All required screening shall be
continuously maintained in good condition to assure that its intended purpose is
accomplished This requirement may be waived through adjustment (Section 9-1 112),
when
(i) The side of a storage yard abuts a railroad right-of-way; or
(ii) The surrounding terrain, existing vegetation intended to remain or other
conditions would make fencing ineffective or unnecessary for the purpose of screening
the storage yard from the view of public roads
(3) Parking Requirement. None, provided that sufficient usable area is
available to accommodate all employee and user parking needs entirely on-site
(4) Site Surfacing A storage yard shall be surfaced with concrete, asphalt
paving, crushed rock, or oiled earth, and be maintained in a dust-free condition
(5) Office Facilities When no buildings exist or are proposed on a storage
yard site, one commercial coach may be utilized for an office, provided that such vehicle
is equipped with skirting, and installed pursuant to the permit requirements of Title 8 of
this Code (the building and construction ordinance)
(b) Operation Except for vehicles or freestanding equipment, materials within
a storage yard are not to be stacked or stored higher than six (6) feet, unless screening
requirements have been waived or modified pursuant to subsection (a)(2)(ii) of this
City of Atascadero
Ordinance No 552
Page 21 of 23
section, or unless a higher wall or fence is constructed at the required setback line
under an approved building permit. (Ord 68 § 9-6 140, 1983)
9-6 142 Manufactured Homes
When used for permanent residential occupancy, manufactured homes are
subject to the standards of this section, in addition to Title 8 of this Code (Building)
Manufactured homes used as temporary offices or dwellings are subject to Section 9-
6 172 et seq Manufactured homes in sales lots are subject to Section 9-6 139
(a) Location A manufactured home is to be located as follows
(1) Within an approved mobilehome park or subdivision,
(2) On any single-family residential parcel subject to the manufactured home
standards specified in subsection (b) of this section
(b) Manufactured Home Standards
(1) If a manufactured home is considered a mobilehome, the structure shall
be certified under the National Mobilehome Construction and Safety Standards Act of
1974
(2) The manufactured home shall be placed on an approved permanent
foundation system An approved foundation system shall include any foundation system
approved by the State Department of Housing and Community Development or any
foundation designed by an engineer or architect in compliance with applicable
provisions of the adopted Building Code
(3) At the time of permit application, the Planning Director shall review the
architectural features and treatment of the proposed manufactured home with similar
features on existing dwelling within the area The decision of the Planning Director may
be appealed to the Planning Commission and the decision of the Planning Commission
may be appealed to the City Council, as set forth in Section 9-1 111
(4) Manufactured homes shall have a minimum width of fifteen (15) feet.
Manufactured homes with widths less than fifteen (15) feet may be permitted with
approval by the Design Review Committee
(4) Utility connections including water, sewer, gas and electric shall be made
permanent in the same manner as conventional housing Utility shutoff valves shall be
accessible and shall not be located under or behind siding or skirting of a manufactured
home
ow
City of Atascadero
Ordinance No 552
Page 22 of 23
�r. (5) No additions or other structural modifications shall be made to the
structure without prior approval from the State Department of Housing and the City
(6) An application shall include all information necessary to comply with State
of California regulations, as well as other permit information and fees established by the
City for its processing of an application
(c) Storage Unoccupied manufactured homes that are not fixed to a
foundation or a prepared permanent site are to be stored only in a sales lot, a storage
yard, or in a mobilehome park. (Ord 68 § 9-6 142, 1983)
Chapter 7 Non-Conforming Uses9-7 113 Nonconforming lot defined
Any lot having an area less than the minimum parcel size required by this title or
other ordinances, is a legal nonconforming lot if-
(a) The lot is shown on a duly approved and recorded subdivision or parcel
map, or
(b) The lot has been issued a certificate of compliance or a conditional
am certificate of compliance
9-7 114 Use of nonconforming lots
A legal nonconforming lot may be developed for uses identified as an allowable
or conditional use by Title 9provided the minimum development standards established
for a particular use are satisfied This includes structures that are partially or completely
destroyed that are conforming uses
am
City of Atascadero
Ordinance No 552
Page 23 of 23
aw SECTION 3 A summary of this ordinance, approved by the City Attorney, together with the
ayes and noes, shall be published twice at least five days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and, before
the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper
published and circulated in the City of Atascadero A copy of the full text of this ordinance shall
be on file in the City Clerk's Office on and after the date following introduction and passage and
shall be available to any interested member of the public
INTRODUCED at a regular meeting of the City Council held on August 10, 2010, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on September
14, 2010, by the following roll call vote
AYES Council Members Clay, Kelley, O'Malley and Mayor Fonzi
NOES Council Member Beraud
ABSTAIN None
ABSENT None
CITY OF ATASCADERO
+r
Roberta Fonzi, Mayor
ATTEST
rytAl-L&-v, ry1�
Marcia McClure Torgerson, C.M.0 , Cfy Clerk
APPROVED AS TO FORM
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Brian A. Pierik, City Attorney
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