HomeMy WebLinkAboutOrdinance 570 CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 570, adopted by the
Atascadero City Council. at a regular meeting thereof held on September 24, 2013, and that it has
been duly published pursuant to State Lay.
Marcia McClure TorgArso:s,
City Clerk
City of Atascadero,California
ORDINANCE NO. 570
AN ORDINANCE OF THE CITY COUNCIL
OF THE CI'T'Y OF AT'ASCADERO, CALIFORNIA,
APPROVING ZONE TEXT CHANGE 2011-0163 AMENDING
TITLE 9 OF THE ATASCADERO MUNICIPAL CODE
PLN 2011-1417/ZCI3 201.1-0163
(Citywide/City of Ataseadero)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from the City of Atascadero (6500 Palma
Avenue, Atascadero CA 93422), to consider Zone Change Text Amendments regarding the
revisions and reorganization of Article 3 into Residential Zoning Districts; revisions to the
Residential Multi-Family Density standards; introduction of a residential district allowable uses
matrix; Reserving Articles 4, 5, and 6 for future uses; inclusion of new conditionally allowed
residential uses and revised land use definitions in the Commercial Neighborhood (CN),
Commercial Retail (CR) and Commercial Park (CP) zones, revision and additions of land use
descriptions in Article 29; additions to the land use descriptions. in Article 29 for code
consistency purposes; revisions to Article 13, Downtown Zone-1 PC (Pedestrian Commercial)
Zone for consistency with revised land use definitions; introduction of Article 30, Density
Bonus, for consistency with State Housing Law; additions to section 9-102 General definitions
for consistency with proposed ordinances; introduction of Chapter 13, Reasonable
Accommodations for consistency with State and Federal Housing and Disability law; 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 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 June 18, 2013, studied and recommended PLN 2011-1417/ZCH 2011-0163 for approval;
and,
City of Atascadero
Ordinance No.570
Page 2 of 31
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held.on September 24, 2013 studied and considered Zone Change 2011-0163; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADEBO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1: Title 9 of the Atascadero Municipal Code is amended to read as follows:
Article 3. Residential Zoning Districts
9-3.141 Purpose– RS(Residential Suburban) Zone
This zone is established to provide for large lot residential uses in areas outside the urban
services line or in other areas where large lots are desirable to protect land uses and buildings
subject to inundation, steep slopes or other hazards. (Ord. 68 § 9-3.141, 1983)
9-3.142 Lot size– RS Mane.
The minimum lot size in the Residential Suburban Zone shall be two and one-half(2'/z) acres and
may range up to ten(10) acres depending upon conformance with performance standards
established in this section.
(a) Performance Standards. The following performance standards shall be evaluated for each
lot in determining its minimum lot size:
(1) Distance from the Center of the Community. Using the Atascadero
Administration Building as the center of the community,the lot size factor based
on this performance standard shall be:
Distance* Lot Size Factor
0—8,000' 0.20
8,000,— 10,000' 0.25
10,000'— 12,000' 0.30
12,000'— 14,000' 0.40
14,000'— 16,000' 0.50
16,000'— 18,000' 0.60
18,000'—20,000' 0.75
20,000'+ 0.90
* To be measured as radial distance using map maintained in Planning Department.
(2) Septic Suitability. Using generalized soils data from the Soil Conservation
Service Reports,the lot size factor based on this performance standard shall be:
City of Ataseadero
Ordinance No.570
Page 3 of 31.
SCS Dating* Lot Size Factor
Well suited 0.50
Moderate 0.75
Slow 1.00
Severe 1.50
* Refer to map maintained in Community Development Department.
Percolation tests may be substituted for the Soil Conservation Service Reports. These
shall be prepared by a registered civil engineer or licensed sanitarian. The following conversion
chart shall be used to determine the appropriate lot size factor:
Percolation Dating Minutes Per Inch
Well suited Less than 20
Moderate or slow 20 to 39
Slow 40 to 59
Severe Greater than 60
(3) Average Slope. Using the Basic, Sectional or Contour Measurement Method,the
lot size factor based on this performance standard shall be:
Slope Lot Size Factor
0- 10% 0.50
11 -20% 0.75
21 -25% 1.00
26 -30% 1.25
31 — 35% 1.75
36 -40% 2.00
40% + 2.25
(4) Condition of Access. Using the road right-of-way with the shortest accessible
distance between a lot and an improved collector road, the lot size factor based on
this performance standard shall be:
Condition Lot Size Factor
City accepted road 0.40
Paved road, less than 15% slope 0.40
City of Atascadero
Ordinance No.570
Page 4 of 31
Paved road, greater than 15%slope 0.50
All-weather road less than 15%slope 0.75
All-weather road greater than 15% slope 1.00
Unimproved road less than 15% slope 1.25
Unimproved road greater than 15% slope 1.50
(5) General Neighborhood Character. Using the average lot size of existing lots
which are zoned for single-family residential use (except that lots larger than
fifteen(15) acres shall be excluded unless they constitute more than twenty-five
percent(25%)of the total number of lots)within a one thousand five hundred
(1,500) foot radius, the minimum lot size factor based on this performance
standard shall be determined by multiplying the average lot size by 0.2.
(b) Determination of Minimum Lot Size. The minimum lot size shall be determined by the
sum of each of the lot size factors for the performance standards set forth in subsection
(a) of this section.
(1) The most current information shall be used to determine the lot size factor. Where
information is not available,the Planning Director shall determine which lot size
factor shall apply.
(2) If more than one(1)lot size factor can be applied to a lot,the less restrictive
factor shall be used.
(3) Lot size factors shall be based on conditions in existence at the time of filing an
application unless information is included with the application which will alter a
lot size factor. (Ord. 113 § 2, 1985; Ord. 68 § 9-3.144, 1.983)
Article 4. Reserved
9-3.151 Purpose— RSF (Residential Single Family) Zone.
This zone is established to provide for single family residential areas within the urban services
line. (Ord. 68 § 9-3.1.51, 1983)
9-3.152 Minimum lot size—RSF Zane
The minimum lot size in the Residential Single Family Zone shall be one-half(1/2)acre and may
range up to two and one-half(2 1/2) acres. The size of a lot shall be consistent with the land use
designation set forth in.the General Plan and shall be indicated by the symbols set forth in the
following chart,which shall be shown on the official zoning maps as provided by Section 9-
3.104(d).
Symbol Minimum Lot Size
X One-half(1/2) acre net area(excluding land needed for street rights-
of-way
ights-
ofway whether publicly or privately owned).
Y One(1) acre gross area.
Z One and one-half(1 1/2)to two and one-half(2 1/2)acres gross based
on performance standards set forth in this section.
City of Ataseadero
Ordinance Pio. 570
Page.5 of 31
(a) Performance Standards. The following performance standards shall be evaluated for each
lot which is appended with the"Z"symbol in determining its minimum lot size:
(1) Distance from the Center of the Community. Using the Atascadero
Administration Building as the center of the community, the lot size factor based
on this performance standard shall be:
Distance" Lot Size Factor
0-4000' 0.08
4000'--6000' 0.10
6000'-8000' 0.12
* To be measured as radial distance using map maintained in the Planning Department.
(2) Septic Suitability.Using generalized soils data from the Soil Conservation
Service Reports,the lot size factor based on this performance standard shall be:
SCS Dating* Lot Size Factor
Well suited 0.30
Moderate or slow 0.50
Severe 0.70
*Refer to map maintained in Community Development Department.
Percolation tests may be substituted for the soil conservation service reports. These shall be
prepared by a registered civil engineer or licensed sanitarian. The following conversion chart
shall be used to determine the appropriate lot size factor:
Percolation bating Minutes Per Inch
Well suited Less than 20
Moderate 20 to 39
Slow 40 to 59
Severe Greater than 60
(3) Average Slope. Using the basic, sectional or contour measurement method,the lot
size factor based on this performance standard shall be:
Slope Lot Size Factor
0-20% 0.30
City of Atascadero
Ordinance No.570
Page 6 of 31
Slope Lot Size Factor
21-30% 0.50
0.70
(4) Condition of Access. Using the road right-of-way with the shortest accessible
distance between a lot and an improved collector road,the lot size factor based on
this performance standard shall be:
Condition Lot Size Factor
Paved with slope of less than 15%or City-accepted 0.15
Paved with slope of greater than 15% 0.20
All-weather surface with slope of less than 15% 0.25
All-weather surface with slope of greater than 15% 0.30
Unimproved surface 0.4.0
(5) General Neighborhood Character. Using the average lot size of existing lots
(except that lots larger than five(5) acres shall be excluded unless they constitute
more than twenty-five percent(25%)of the total number of lots) within a one
thousand (1,000) foot radius,the minimum lot size factor based on this
performance standard shall be determined by multiplying the average lot size by
zero point two(0.2).
(b) Determination of Minimum Lot Size. The minimum lot size shall be determined by the
sum of each of the lot size factors for the performance standards set forth in subsection
(a)of this section.
(1) The most current information shall be used to determine the lot size factor. Where
information is not available,the Planning Director shall determine which lot size
factor shall apply.
(2) if more than one (1) lot size factor can be applied to a lot,the less restrictive
factor shall be used.
(3) Lot size factors shall be based on conditions in existence at the time of filing an
application unless information is included with the application which will alter a
lot size factor. (Ord. 524 § 2, 2008; Ord. 412 § 3, 2003; Ord. 184 § 2, 1989; Ord.
175 § 2, 1988; Ord. 154 § 2, 1987; Ord. 152 § 2, 1987; Ord. 145 § 3, 1987; Ord.
113 § 2, 1985; Ord. 68 § 9-3.154, 1983)
Article 5. Reserved
9-3.161 Purpose—LSF(Limited Single Family Residential)Zone.
This zone is established to provide for single-family residential areas within the urban services
line where the raising of farm animals would not be allowable. (Ord. 68 § 9-3.161, 1983).
City of Atascadero
Ordinance No.570
Page 7 of 31.
9-3.162 Minimum lot size—LSF Zone.
The minimum lot size in the Limited Residential Single Family Zone shall be twenty thousand
(20,000) square feet with sewer, one-half(%2) acre where sewer is not available and may range
up to two and one-half(2'/z)acres. The size of a lot shall be consistent with the land use
designation set forth in the General Plan and shall be indicated by the symbols set forth in the
following chart,which shall be shown on the official zoning maps as provided by Section 9-
3.104(d).
Minimum Lot Size
Symbol
X One-half('/2)acre net area(excluding land needed for street rights-of-way
whether publicly or privately owned).
Y One (1)acre,when sewers are available.
One and one-half(1%2) acres, when sewers are not available.
Z One and one-half(1'/z)to two and one-half(2'/2) acres based on performance
standards set forth in this section.
(a) Performance Standards. The following performance standards shall be evaluated for each
lot which is appended with the"Z" symbol in determining its minimum lot size:
(1) Distance from the Center of the Community. Using the Atascadero
Administration Building as the center of the community,the lot size factor based
on this performance standard shall be:
Distance* Lot Size Factor
0-4000' 0.08
4000'-6000' 0.10
6000'-8000' 0.12
To be measured as radial distance using map maintained in the Planning Department.
(2) Septic Suitability. Using generalized soils data from the Soil Conservation
Service Reports, the lot size factor based on this performance standard shall be:
SCS Rating* Lot Size Factor
Well suited 0.30
Moderate or slow 0.50
Severe 0.70
* Refer to map maintained in Community Development Department.
City of Atascadero
Ordinance No.570
Page 8 of 31
Percolation tests may be substituted for the Soil Conservation Service Reports. These shall be
prepared by a registered civil engineer or licensed sanitarian. The following conversion chart
shall be used to determine the appropriate lot size factor:
Percolation Rating Minutes Per Inch
Well suited Less than 20
Moderate 20 to 39
Slow 40 to 59
Severe Greater than 60
(3) Average Slope. Using the Basic, Sectional or Contour Measurement Method,the
lot size factor based on this performance standard shall be:
Slope Lot Size Factor
0-20% 0.30
21-30% 0.50
31%+ 0.70
(4) Condition of Access. Using the road right-of-way with the shortest accessible
distance between a lot and an improved collector road, the lot size factor based on
this performance standard shall be:
Condition Lot Size Factor
Paved with slope of less than 15%or City-accepted 0.15
Paved with slope of greater than 15% 0.20
All-weather surface with slope of less than 15% 0.25
All-weather surface with slope of greater than 15% 0.30
Unimproved surface 0.40
(5) General Neighborhood Character. Using the average lot size of existing lots
(except that lots larger than five(5) acres shall be excluded unless they constitute
more than twenty-five (25)percent of the total number of lots)within a one
thousand(1000) foot radius,the minimum lot size factor based on this
performance standard shall be determined by multiplying the average lot size by
0.2.
(b) Determination of Minimum Lot Size. The minimum lot size shall be determined by the
sum of each of the lot size factors for the performance standards set forth in subsection
(a) of this section.
City of Atascadero
Ordinance No. 570
Page 9 of 31
(1) The most current information shall be used to determine the lot size factor. Where
information is not available,the Planning Director shall determine which lot size
factor shall apply.
(2) If more than one lot size factor can be applied to a lot,the less restrictive factor
shall be used.
(3) Lot size factors shall be based on conditions in existence at the time of filing an
application,unless information is included with the application which will alter a
lot size factor. (Ord. 184 § 2, 1989; Ord. 175 § 2, 1988; Ord. 154 § 2, 1987; Ord.
152 § 2, 1987; Ord. 145 § 3, 1987; Ord. 113 § 2, 1985; Ord. 68 § 9-3.164, 1983)
Article 6. Reserved
9-3.17 . Purpose—RMF (Residential Multiple Family) Zone.
This zone is established to provide for apartment, condominium and townhouse development
where higher density residential development is desired within the urban services line. (Ord. 68
§9-3.171, 1.983)
9-3.172 Minimum loot size— RMF Zone.
The minimum lot size in the Residential Multiple Family Zone shall be one-half acre. Smaller lot
sizes may be allowed for planned residential developments,including condominiums and
mobilehome developments,provided that the overall density within the project conforms with
Section 9-3.172.
9-3.173 Density— RMF Zone.
The maximum allowable density in the Residential Multiple Family Zone shall be designated on
the official zoning maps as provided by Section 9-3.104(c) and be consistent with the general
plan as follows:
(a) Areas Designated Low Density Multiple Family Residential. The minimum number of
dwelling units per net acre is two (2). The maximum number of dwelling units per net
acre is ten(10).
(b) Areas Designated High Density Multiple Family Residential. The minimum number of
dwelling units per net acre is twenty (20). The maximum number of dwelling units per
net acre is twenty-four(24).
(c) Hillside Density Standards. The densities permitted by subsections(a) and (b)of this
section shall be modified to the following densities based on-site topography, as follows:
Average Slope Low Density Multiple High Density Multiple
Family units/acre Fancily units/acre
0-10.99% 10 20
11-15.99% 7 14
16-20.99% 5 10
21-25.99% 3
City of Atascadero
Ordinance No.570
Page 10 of 31
Average Slope Low Density Multiple High Density Multiple
Family units/acre Family units/acre
26--30.0% 2 4
> 30% 1 2
(d) For Medical Extended Care Services—where residents are primarily non-ambulatory,the
following maximum bed/net acre densities may be permitted,where subject to planning
commission conditional use permit approval:
RMF-10 District Thirty-four(34) beds/net acre
RMF-4-6 20 District Fifty-five (55)beds/net acre
Such approval shall require a finding that the average daily traffic generated by the project would
not exceed that of a multifamily project. The project would be further subject to the"percentage
coverage" constraints of Section 9-3.173(a) of the district. Off-street parking requirements would
be as established by the planning commission.
(e) Sewer Service. Sewer service and the inclusion of property within the urban services line
(USL) shall be a prerequisite to developing multiple family projects to the density
standards of the RMF zone.
(f) Density Bonus. A density bonus may be granted, subject to approval by the City Council
through a master plan of development(CUP), consistent with section 9-3.801 through 9-
3.806.
(g) In lieu of granting a density bonus, the Planning Commission shall consider other bonus
incentives allowable under Government Code Section 65915. (Ord. 554 § 2, 2011; Ord.
457 § 3, 2004; Ord. 194 § 2(Exh. A), 1989; Ord. 149 § 2, 1987; Ord. 68 § 9-3.175, 1983)
3-3.174 Property development standards.
In addition to the standards specified in Chapter 4 of this title, General Site Design and
Development Standards, the following development standards shall apply to mobile home and
multiple-family residential projects:
(a) Percent Coverage. The maximum percent of a lot that may be covered by structures
(excluding decks less than thirty (30) inches from the ground) shall be forty percent
(40%) for low density multiple-family projects and fifty percent(50%) for high
density multiple-family projects.
(b) Enclosed Storage. Each dwelling unit shall be provideda minimum of one hundred
(100) cubic feet of enclosed storage space, exclusive of closets, which may be located
in either a principal or accessory building.
Citv of Ataseadero
Ordinanee No.574
Page I I of 31
(c) Outdoor Recreation Areas. For developments of four(4)to seven (7) dwelling units,
outdoor recreational open space shall be provided at a ratio of three hundred(300)
square feet per unit. This open space may be provided either as: (1)a private amenity
designed for exclusive use of a dwelling unit; or(2)as common open space provided
that no individual open space is less than one thousand(1,000)square feet. For
developments of eight(8) or more dwelling units, outdoor recreational open space
shall be provided at a ratio of three hundred(300) square feet per unit. This common
open space may be provided in more than one location provided that no individual
open space area is less than one thousand(1,000) square feet.
(d) Screening Wall. A solid wall or fence not less than six(6) feet in height shall be
placed and maintained on interior lot lines abutting property zoned for single-family
residential use.
(e) Covered Parking. One (1)covered parking space (carport or garage) shall be required
per dwelling unit of the total off-street parking required by Section 9-4.118.
(f) Laundry Facilities. Laundry facilities shall be provided in the form of either: (1)
laundry hook-ups within each individual dwelling unit; or(2)a shared laundry facility
equipped with washers and dryers.
(g) Appearance Review. All projects shall be consistent with the multifamily design and
landscape requirements of the Appearance Review Manual.
(h) Maintenance Requirement. A maintenance agreement for all landscaping, building
exteriors, accessory structures, parking areas and other common facilities shall be
approved by the Community Development Director and City Attorney prior to final
occupancy.
(i) RMI'-20 properties identified in Table V-48 of the Housing Element shall be
permitted"by right"and will not be subject to conditional use permit or specific plan.
Proposed planned development projects or other relief from property development
standards on.these parcels shall be subject to discretionary review per the
requirements of the Municipal Code. (Ord. 554 § 2,2011; Ord. 457 § 3, 2004; Ord.
149 § 2, 1.987)
9-3.180 Residential District Allowable Land Uses
Allowed Land Uses and Permit A Allowed Use, Zoning Clearance Required
Requirements CUP Conditional Use Permit Required
Residential Zones Not Permitted
Use Permi ted Uses By Zones Special Use
Regulation(s)
RS RSF LSF RMF
N ......
Agricultural accessory uses A A 9-6.109
Agricultural processing CUP
Animal hospitals CUP 9-.6.110
Crop production and grazing CUP 9-6.113
Farm animal raising A A CUP 9-6.112
Horticultural specialties A 9-6.116
Livestock Specialties CUP 9-6.115
City of Atascadcro
Ordinance No.570
Page 12 of 31
Allowed Land Uses and Permit A Allowed Use, Zoning Clearance Required
Requirements CUP Conditional Use Permit Required
Residential Zones — Not Permitted
Use Permittee! Uses By Zones Special Use
Regulation(s)
RS RSF LSF RMF
Minin CUP 9-6.159, 9-6.151
Petroleum extraction CUP 9-6.148
Surface Mining CUP 9-6.159. 9-6.151
Churches and related activities CUP CUP CUP CUP 9-6A21
Rural sports
_andou facilities CUP 9-6.124
Schools CUP CUP CUP CUP 9-6.125
Schools– Business Vocational CUP CUP CUP CUP 9-6,125
Accessory Storage A A A A 9-6.103
Home occupations A I A A A 9-6.105
Multiple Family Dwellings A 9-3.175
Mobilehome developments CUP CUP CUP CUP 9-6.142, 9-6.143
Organizational Houses CUP CUP CUP CUP 9-3.175
Residentiai care six 6 clients and less A A A A 9-6.135
Residential care seven (ZI clients or more CUP CUP CUP A 9-6.135
Residential-accessory uses A A A A 9-6.106
Residential Care for the Elderly RCFE) CUP 9-3.175
Single-family dwelling A A A A 9-6.143, 9-6.184
Secondary Residential Units A A A Chapter 5
Temporar4 dwellin A A A A 9-6.175
ti�.�y`". Y,`-,`. `Y.S.� •r-"�C�yz4`Z.��-v�t„`."'Sti.2.,.;�1 S..cv;=.,� L;�`,� ti�"����`��">�"?'�'A `ti`.... ,'�:. :•.w.^',.� Z.f
°.....��.�:�... :`� :,.,,!s,':.,'1�...-..v.:.�"�r 1h=..��;...4�""�,.v"`}'",'a`S'_^J`'.`ti-'��--"'��;��i','`.:r.���:.^``-�"�`a.:.° .��.�\�.'S`?.S_''o�•,�".~,ati`u•2'F•.y'`ti�'�ti`•��,.
Roadside stands A A 9-6.117
Tem ora or seasonal retail sales A 9-6.174
Bed and Breakfast CUP CUP CUP CUP
Day Care, six (6) clients or less A A A A 9-6.125
Day Care, seven 7 clients or more CUP CUP CUP CUP 9-6.125
Kennels CUP CUP 9-6.111
Medical Extended Care Services, six(6) A A A CUP 9-6.134
clients or less
Medical Extended Care Services, seven(7) CUP CUP f CUP CUP 9-6.134
clients or more
Temp ora ry events A A A A 9-6.177
t
Utility transmission facilities A A A A
Parking Lots CUP 9-4.120
Pipeline CUP CUP CUP
Pipelines, where pipelines are below the A
surface and where pipelines are not used to
convey toxic or hazardous substances other
than gasoline, crude oil, natural gas, liquefied
petroleum gas or liquefied natural gas
City of Atascadero
Ordinance No.570
Page 13 of 31
Allowed Land Uses and Permit A Allowed Use, Zoning Clearance Required
Requirements CUP Conditional Use Permit Required
Residential Zones Not Permitted
Use Permitted Uses By Zones ._. Special Use
Regulation(s)
RS RSF LSF I RIVIF
Pipelines,where pipelines are not below the CUP
surface and where pipelines are used to
convey toxic or hazardous substances other
than gasoline, crude oil, natural gas, liquefied
petroleum gas or liquefied natural gas
9-3.203 Conditional uses.
The following uses may be allowed in the Commercial Neighborhood Zone.The
establishment of conditional uses shall be as provided by Section 9-2.110(conditional use permits):
(a) Service stations(see Section 9-6.164);
(b) Food and beverage retail sales,where areas of use are greater than two thousand five
hundred(2,500) square feet per store;
(c) General merchandise stores,where areas of use are greater than two thousand five
hundred(2,500) square feet per store;
(d) Eating and drinking places, where areas of use are greater than.two thousand five
hundred(2,500) square feet per store;
(e) Eating and drinking places with drive-through facilities. (Ord. 473 § 2, 2005; Ord. 287
§ 2, 1995; Ord. 68 § 9-3.203, 1983);
(f) Multi-Family Dwelling, when located on the 2nd floor or above;
(g) Artisan Shop
9-3.212 Allowable uses.
The following uses shall be allowed in the Commercial Professional Zone.The establishment
of allowable uses shall be as provided by Sections 9-2.108 and 9-2.109:
(x) Schools(see Section 9-6.125);
(y) Utility service center;
(z) Business and vocational schools. (Ord. 547 § 2, 2009; Ord. 300 § 2(1), 1996; Ord. 281
§ 2, 1994; Ord. 68 § 9-3.212, 1983)
(aa) Day Care (see section 9-6.125)
(bb) Artisan Shops
9-3.213 Conditional uses.
The following uses may be allowed in the Commercial Professional Zone. The establishment of
conditional uses shall be as provided by Section 9-2.110;
(a) Caretaker's residence (see Section 9-6.104);
(b) Churches and related activities(see Section 9-6.121);
(c) Pipelines;
(d) Eating and drinking places with drive-through facilities;
City of Atascadero
Ordinance No.570
Page 14 of 31
(e) Food and beverage retail sales, where areas of use are greater than two thousand five
hundred(2,500) square feet per store;
(f) General merchandise stores, where areas of use are greater than two thousand five
hundred(2,500) square feet per store;
(g) Hotels and motels;
(h) Personal services,where areas of use are greater than two thousand five hundred(2,500)
square feet per store;
(i.) Building materials and hardware,where areas of use are greater than two thousand five
hundred(2,500) square feet per store (see Section 9-6.165);
(j) Furniture, home furnishings and equipment, where areas of use are greater than two
thousand five hundred (2,500) square feet per store. (Ord. 547 § 2,2009; Ord. 473 § 2,
2005; Ord. 75 § 2 (2), 1984; Ord. 68 § 9-3.213, 1983)
(k) Multi-Family Dwelling, when located on the 2nd floor or above;
9-3.222 Allowable uses.
The following uses shall. be allowed in the Commercial Retail Zone. The establishment of
allowable uses shall be as provided by Section 9-2.108 (Plot plans)and Section 9-2.109(Precise
plans):
(a) Broadcast studios;
(b) Building materials and hardware(see Section 9-6.165);
(c) Food and beverage retail sales;
(d) Furniture,home furnishings and equipment;
(e) General merchandise stores;
(f) Mail order and vending;
(g) Temporary or seasonal sales(see Section 9-6.174);
(h) Financial services;
(i) Health care services;
0) Offices;
(k) Small scale manufacturing;
(1) Temporary offices (see Section 9-6.176);
(m)Personal services;
(n) Light repair services;
(o) Accessory storage (see Section 9-6.103);
(p) Eating and drinking places;
(q) Membership organizations;
(r) Horticultural specialties (see Section 9-6.116);
(s) Schools—Business and vocational
(t) Utility transmission facilities;
(u) Business support services,where all areas of use are located within a building;
(v) Social and service organizations;
(w)Collection stations (see Section 9-6.130);
(x) Farm equipment and supplies;
(y) Fuel and ice dealers(see Section 9-6.134);
(z) Hotels and motels;
(aa) Medical Extended Care Services (see Section 9-6.134);
City of Atascadero
Ordinance No.570
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(bb) Bed and breakfast;
(cc) Residential Care Facility for the Elderly(RCFE);
(dd) Funeral.services;
(ee) Schools(see Section 9-6.125);
(ff)Utility service center;
(gg) Libraries and museums;
(hh) Temporary events (see Section 9-6.177);
(ii) Sexually oriented businesses(see Chapter 5-10). (Ord. 473 § 2, 2005; Ord. 364 § 2 Exh.
B, 1999; Ord. 310 § 3,Exh, B, 1996; Ord. 300 § 2 (2), 1996; Ord. 68 § 9-3.222, 1983)
Oj) Artisan Shop
(kk) Day Care (see Section 9-6.125
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 9-2.110 (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 9-6.1.21);
(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);
(r) Auto dealers(new and used)and supplies(see Section 9-6.163);
(s) Personal services—Restricted. (Ord. 552 § 2,2010; Ord. 473 § 2, 2005; Ord. 364 § 2,
Exh. B, 1999; Ord. 310 § 3, Exh. B, 1996; Ord. 68 § 9-3.223, 1983);
(t) Multi-Family Dwelling, when located on the 2nd floor or above;
3-3.262 Downtown district allowable land uses and permit requirements.
The following table identifies the land uses allowed by this article in the downtown
zoning districts, and the land use permit required to establish each use. In addition to the land use
permit required by this section, special provisions related to certain land uses may apply,precise
plan approval may also be required for certain uses in compliance with Section 9-1.108. A
City of Atascadero
Ordinance No.570
Page .1.6 of 31
building permit is required prior to any construction. Design review approval shall be required
for all permits, consistent with Appendix A of the Downtovam Revitalization Plan.
P Permitted Use
Allowed Uses and Permit Requirements CUP Conditional.Use Permit required
for Downtown Zoning Districts
Use not allowed.
PERMIT REQUIRED
Specific Use
LAND USE' DC DO Regulations
MANUFACTURING& PROCESSING USES
Light repair services P —
Printing and publishing P P
R&DZ(Research and development including P P
technology)
R&D-Biotechnology,chemical,pharmaceutical CUP CUP
RECREATION,EDUCATION c& ASSEMBLY USES
Membership organizations CUP —
Amusement services P —
Indoor recreation services P —
Libraries,museums,galleries P P
Public parks and playgrounds P P
Schools—Public CUP
Schools-Business and vocational CUP CUP -
Studios-Art,dance,martial arts,music,etc. P CUP
Public amusement and entertainment CUP —
RESIDENTIAL USES
Home occupations P P 9-6.105
Dive/work units PS/CUP, —
Multifamily and single family dwellings P., P3
Age restricted housing CUP, —
RETAIL TRADE
Artisan shops P —
Auto and vehicle dealerships-Indoor display/sales CUP
only
City of Ataseadero
Ordinance No.570
Page 17 of 31
Building materials and hardware-All activities P —
indoors
Eating and drinking places- Without drive-through P —
Bar/Tavern P -
Food and beverage retail sales P —
Furniture,home furnishings,and equipment P —
General merchandise P —
Temporary or seasonal sales P 9-6.174
SERVICES
Automated teller machines(ATMs) P P
Banks and financial services- Without drive- CUP P
through
P Permitted Use
Allowed Uses and Permit Requirements CUP Conditional Use Permit required
for.Downtown Zoning Districts
Use not allowed
PERMIT REQUIRED Specific Use
LAND USE` DC DO Regulations
SERVICES(cont'd)
Bed and breakfast CUP —
Business services P P
Child/adult day care centers — CUP
Government offices and facilities P P
Hotels and motels CUP —
Health care services P P
Offices P P
Personal services P —
TRANSPORTATION,COMMUNICATIONS& INFRASTRUCTURE USES
Broadcasting studios CUP P
Transit stations and terminals CUP CUP
Utility facilities CUP CUP
KEY TO ZONING DISTRICT SYMBOLS
DC Downtown Commercial
DO Downtown Office
Notes: (Only the notes that apply to this table are shown below.)
City of Atascadero
Ordinance No.570
Page 18 of 31
' See Section 9-3.701 for land use descriptions. See Section 9-1.106(d)regarding uses not listed.
z Plot Plan approval required(9-2.1.08).Precise Plan approval(9-2.109)may also be required..
Conditional Use Permit approval required for all projects over 1.0,000 sf in floor area and.multiple family
residential developments consisting of twelve or more units.
3 Residential uses allowed only on second and third floor,except sites north of Olmeda Avenue.If a project is
required to provide a unit in compliance with the Americans with Disabilities Act,the handicapped
accessible unit may be located on a first floor.A first floor unit shall be located in a non-storefront location
within a tenant space.
4 Use allowed only on sites north of Olmeda Avenue.
5 Permitted use if the residential quarters are located on the second or third floors.
6 Conditional Use Permit required if the residential quarters are located on the first floor.
Note: 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. (Ord. 552 § 2, 2010; Ord. 473 § 2,2005; Ord. 421 § 3, 2003; Ord.
375 § 3, 2001)
9-3.422 Allowable uses.
The following uses shall be allowed in the Public Zone. The establishment of allowable uses
shall be as provided by Sections 9-2.108 and 9-2.109:
(a) Broadcasting studios;
(b) Libraries and museums;
(c) Offices (City, County, State or Federal government or public utilities);
(d) Temporary offices (see Section 9-6.176);
(e) Public assembly and entertainment;
(f) Schools(see Section 9-6.125);
(g) Temporary events (see Section 9-6.177);
(h). Temporary or seasonal retail sales (see Section 9-6.174);
(i) Outdoor recreation services;
(j) Indoor recreation services. (Ord. 308 § 2 (Exh. A), 1996; Ord. 1.79 § 2, Exh. A, 1988;
Ord. 157 § 2, 1987; Ord. 68 § 9-3.422, 1983);
(k) Day Care (see Section 9-6.125)
Article 29. Land Use Descriptions
9-3.7£11. purpose.
This section contains descriptions of the types of land uses which can be established under this
article. The uses described here are allowed in the various zoning districts established. The
description of land uses are intended only to list the various land uses included under each
general heading and do not explain what permit requirements or performance standards may be
applicable to a given use.
City of Atascadero
Ordinance No.570
Page 19 of 31
Age Restricted Housing. Residential multi-family or single family units that restrict
occupancy based on age. This use typically consists of senior housing which restricts age for 55
and older.
Artisan Shops. A retail store selling art glass, ceramics,jewelry,paintings, sculpture,and
other handcrafted items, where the facility includes an area for the crafting of the items being
sold.
Caretaker Residence/Employee Unit. A permanent residence that is secondary or
accessory to the primary use of the property,and used for housing a caretaker employed on the
site of any nonresidential use where a caretaker is needed for security purposes or to provide
twenty-four(24)hour care or monitoring of plants, animals, equipment, or other conditions on
the site. Does not include housing for caretaker-type employees in the Agriculture Zone which is
defined as "Farm Labor Quarters."
Day Care. Facilities that provide non-medical care and supervision of individuals for
periods of less than 24 hours. These facilities include the following, all of which are required to
be licensed by the California State Department of Social Services or successor agency. Day Care
uses include the following:
1. Child Care Center. Child day care facilities designed and approvedto accommodate
15 or more children. Includes infant centers, preschools, sick-child centers, and
school-age day care facilities. These may be operated in conjunction with a school
or church facility, or as an independent land use.
2. 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 12 children, including up to two (2) children under the
age of 10 years who reside in the home, for periods of less than 24 hours per day,
while the parents or guardians are away.
3. Small Family Day Care Horne. As provided by Health and Safety Code Section
1596.78 or successor provision, a home that provides family day care for six or
fewer children, including two (2) children under the age of 10 years who reside in
the home.
4. Adult Day Care Facility. A day care facility providing care and supervision for
adult clients.
Live/Work Units. An integrated housing unit and working space, occupied and utilized
by a single household in a structure, either single-family or multi-family,that has been designed
or structurally modified to accommodate joint residential occupancy and work activity, and
which includes:
1. Complete kitchen space and sanitary facilities in compliance with the Building
Code; and
City of Atascadero
Ordinance No. 570
Page 20 of 31
2. Working space reserved for and regularly used by one or more occupants of the
unit.
3. Working space include uses that are either permitted within the zoning district.
Medical Extended Care Services. Residential facilities providing nursing and health-
related care as a primary use with in-patient beds. Examples of these uses include: board and
care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities.
Long-term personal care facilities that do not emphasize medical treatment are included under
"Residential Care."
Mobilehome Developments. Any site that is planned and improved to accommodate two
or more mobile homes used for residential purposes, or on which two or more mobile homes, as
the term"mobile home"is defined in California Civil Code Section 798.3 or successor provision
of the California Mobilehome Residency Law, for non-transient use, are rented, leased, or held
out for rent or lease, or were formerly held out for rent or lease and later converted to a
subdivision,cooperative, condominium, or other form of resident ownership,to accommodate
mobile homes used for residential purposes.
Multiple Family Dwelling. Two (2) or more dwelling units located on a single lot, each
occupied by a single housekeeping unit; includes buildings or groups of buildings designated
as apartments, duplexes,triplexes and condominiums, but not including motels, hotels,
dormitories, or RV parks as herein defined. Also includes transitional housing, supportive
housing and single room occupancy housing where people live as independently as possible
with the assistance of social services tailored to each person's needs as defined in Section 9-
9.102 of the Zoning Ordinance.
Medical Extended Care Services. Residential facilities providing nursing and health-
related care as a primary use with in-patient beds. Examples of these uses include: board and
care homes; convalescent and rest homes; extended care facilities; and skilled nursing
facilities. Long-term personal care facilities that do not emphasize medical care are defined as
"Residential Care."
Residential Care. A single family or multiple family dwelling unit that is licensed or
supervised by a Federal, State, or local health/welfare agency that provides non-medical care
of unrelated persons whom are in need of personal service, supervision, or assistance essential
for sustaining activities of daily living or for the protection of the individual. Use includes the
following: children's homes; halfway houses; rehabilitation centers; self-help group homes.
Residential Care Facility for the Elderly(RCFE). A housing arrangement chosen
voluntarily by the residents or the residents' guardians, conservators or other responsible
person(s) where the following occurs: where 75 percent of the residents are at least 62 years of
age, or, if younger, have needs compatible with other residents; and where varying levels of
care and supervision are provided, as agreed to at the time of admission or as determined
necessary. RCFE uses may include basic services and community space. RCFE uses include
the following:
i
City of Atascadero
Ordinance No. 570
Page 21 of 31
1. Assisted Living Facility. A residential building or buildings that also provide
housing, personal and health care, as permitted by the Department of Social
Services, designed to respond to the daily, individual needs of the residents.
Assisted Living Facilities may include kitchenettes (small refrigerator, sink and/or
microwave oven) within individual rooms. Assisted Living Facilities are required to
be licensed by the California Department of Social Services, and do not include
skilled nursing services.
2. Independent Living Center./Senior Apartment. Independent living centers and
senior apartments are multi-family residential projects reserved for senior citizens,
where common facilities may be provided (for example, recreation areas), but
where each dwelling unit has individual living, sleeping, bathing, and kitchen
facilities.
Single-Family Dwelling. An attached or detached building not to contain more than one
(1) kitchen wherein the occupants of the dwelling unit are living and functioning together as a
single housekeeping unit, meaning that they have established ties and familiarity with each
other,jointly use common areas, interact with each other, membership in the single
housekeeping unit is fairly stable as opposed to transient, and members have some control over
who becomes a member of the single housekeeping unit. Also includes factory-built,
manufactured housing units and mobile homes constructed in compliance with the Title 25 of
the California Health and Safety Code, or successor provision as defined in section 9-9.102 of
the Zoning Ordinance; transitional housing and supportive housing serving six or fewer
persons as defined in section 9-9.102 of the Zoning Ordinance.
Article 30. Density Bonus
9-3.801 Purpose.
The purpose of this Section is to comply with State density bonus law(California Government
Code(GC) Section 65915-65918),by providing increased residential densities for projects that
guarantee that a portion of the housing units will be affordable to very low-, low-, or moderate-
income households, senior citizens, or include child care facilities.
(a) Projects that utilize the density bonus are not required to implement the City's
Inclusionary Housing Policy or other inclusionary housing ordinance in effect at the time
of issuance of building permit.
9-3.802 Applicability.
The provisions of this Section apply to the construction of five(5) or more housing units as a
part of any tentative subdivision map,master plan of development(conditional use permit) or
other development application that satisfy one or more of the following criteria:
(a) At least 10 percent of the units are designated for low-income households.
(b) At least five percent of the units are designated for very low-income households.
(c) 100 percent of the units are designated for seniors citizens as defined in Section 51.3 and
51.12 of the Civil Code or mobile home park that limits residency based on age
requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the
Civil Code.
City of Atascadero
Ordinance No.570
Page 22 of 31
(d) At least 10 percent of the units in a common interest development are designated for
moderate-income households,provided that all units in the development are offered to
the public for purchase.
9-3.803 Calculating the density bonus.
The density bonus shall be calculated as shown in the table below for very low-, low-,and
moderate-income households. For housing developments meeting the criteria of section 9-
3.802(c),the density bonus shall be 20 percent of the total number of senior housing units. All
density calculations resulting in fractional units shall be rounded consistent with the City's
Municipal Code section 9-1.109.
Percentage of Affordable Units and Corresponding Density Bonus
Very Low-Income Households Earnim< Loin-Income Households Earning< Moderate-Income 120%AMI
50%AMI 80%AMI Persons/Families in Common Interest
Develo menti
Very Low-Income Percentage of Density Low-Income Units Petc to e o Moderate-Income 1'ercenta�e Of
Units Bonus' Density Bomxst Units Densi Boma'
5% 20.0% � 20.0% LM 5.0%
6% 22j% 11% 21.5% 11% §.0%
7% 25.0010 12% 23.0% 12% 7.0%
8% 27.5% 13% 24.5% 13% n°/a
9% 30.0% 14% 26.0% 14% 9.0%
€0% 32.5% 15% 27.5% 1 10.0%
€1% 35.0.0 16% 29.0% 16% 11.0%
17% 30.5% 17916 12.0%
18% 32.0% 18% 13.0%
19% 33.5% 19% 14.0%
20'16 35.0% 20% 15.0%
21% 16.0%
22% 170%
23% 18.0%
24% 19.0%
25% 20.0%
26% 21.0%
27% 22.0%
28,110 23.0%
29% 24.0%
30% 25.0%
31% 26.0%
32% 27.0%
33% 28.0%
34% 29.0%
35% 30.0.0
0 31.0%
37% 32,0016
33.0•
39% 34.0%
LO-YO 35.0%
' Density bonus is above the highest range of base density.
9-3.804 Developer incentives.
(a) Restrictions. When an applicant seeks a density bonus as prescribed by GC Section
65915,the City will grant developer incentives as required, unless it makes any of the
j following findings:
City of Atascadero
Ordinance No.570
Page 23 of 31
(1) The developer incentives are not required in order to provide affordable housing, as
defined in Section 50052.3 of the Health and Safety Code, or for rents for the targeted
units to be set as specified in GC Section 65915(c).
i. The developer incentives would have a specific adverse impact, as defined in
paragraph(2)of Subdivision (d) of Section 65589.5,upon public health and
safety or the physical environment or an any real property that is listed in the
California Register of Historical Resources and for which there is no feasible
method to satisfactorily mitigate or avoid the specific adverse impact without
rendering the development unaffordable to low- and moderate-income
households.
ii. The developer incentives would be contrary to State or federal. law.
(b) Number of developer incentives. The number of developer incentive shall be in
compliance with Table as shown below:
Plumber of Developer incentives
Set Aside Units
Very Low-Income Low-Income Units Moderate-Income Units in Common Interest
amber o Devdo er Incentives Units Developments'
1 S% 10% LO
2 10% 20% 20%
3 1 15% 30% 30'0
'Common interest development includes common interest developments of or in a planned development as defined in Subddvision W of Section
13510
f the Civil Code that are offered io the Public for purchase.
(c) Developer incentives defined. For the purposes of this Section, concession or incentive
means any of the following that results in identifiable, financially sufficient,and actual
cost reductions:
(1) Reduced site development standards
(2) Modified zoning code
(3) Architectural design requirements that exceed the minimum building standards
approved by the California Building Standards Commission as provided in Part 2.5
(commencing with. Section 18901) of Division 13 of the Health and Safety Code
(4) A reduction in setback requirements
(5) Reduction of vehicular parking standards
(6) Approval of mixed-use zoning if commercial, office, industrial, or other land uses
will reduce the cost of the housing development and if the commercial, office,
industrial,or other land uses are compatible with the housing project and the existing
or planned development in the area;
(7) Other regulatory developer incentives proposed by the developer;
(8) Other regulatory developer incentives proposed by the City.
3-3.805 Waivers and modifications of development standards.
(a) Proposal. In accordance with Government Code Section 65915(e), an applicant may
propose a waiver or modification of development standards if it would physically
preclude the construction of a development project under the criteria section 9-3.802 at
the densities or with the developer incentives permitted by this Section. A waiver or
modification of standards shall be reviewed by the City's Design Review Committee and
approved by the Planning Commission and/or City Council.
City of Atascadero
Ordinance No.570
Page 24 of 31
(b) A proposal for the waiver or reduction of development standards pursuant to this
subsection shall neither reduce nor increase the number of developer incentives to which
the applicant is entitled pursuant to section 9-3.804(b).
(c) Grounds for denial. In accordance with Government Code Section 65915(e), the City
may deny an applicant's request to waive or modify the City's development standards in
any of the following circumstances:
(1) The application does not conform with the requirements of this Section or GC Section
65915-65918.
(2) The applicant fails to demonstrate that the City's development standards physically
preclude the utilization of a density bonus on a specific site. The City's Design
Review Committee or Planning Commission shall make the appropriate finding.
(3) The waiver or reduction.would have a specific, adverse impact, as defined in
Government Code Section 65589.5(d)(2),upon health, safety,or the physical
environment, and there is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact.
(4) The waiver or reduction would have an adverse impact on any real property that is
listed in the California Register of Historical Resources.
(5) The waiver or reduction would be contrary to State or federal law.
9-3.806 Application procedure.
An application for a density bonus, developer incentive, or waiver or modification of
development standards shall include the following information:
(a) Site Plan
(b) Preliminary Architectural Elevations
(c) Preliminary Floor Plans
(d) Preliminary Landscaping Plan
(e) The total number of base units;
(f) The number and location of proposed affordable housing units;
(g) The specific developer incentive(s) sought, if any;
(h) The specific waiver or modification to development standards sought,if any;
(i) If seeking a developer incentive, documentation regarding the necessity of the developer
incentive in order to provide affordable housing costs or rents;
(j) If seeking a waiver or modification of development standards, documentation regarding
the necessity of the waver or modification, including documentation demonstrating that
the City's development standards physically preclude the utilization of a density bonus;
(k) If requesting a density bonus based on land donation in accordance with Government
Code Section 65915(g), information sufficient to permit the City to determine that the
proposed donation conforms with the requirements of Section 65915 and this Code; and
(1) If requesting a density bonus based on the provision of a child day care facility in
accordance with Government Code Section 65915(h), the application must:
(1) Provide the location of the proposed child day care facility and the proposed operator;
(2) Agree to operate the child day care facility for a period of time that is as long as or
longer than the period of time during which the density bonus units are required to
remain affordable;
City of Atascadero
Ordinance No.570
Page 25 of 31.
(3) Agree to have contracted with a child day care facility operator for operation of the
child day care facility before the first building permit is issued; and
(4) Agree that the child day care facility will be in operation when the first certificate of
occupancy is issued.
Chapter 9 GENERA. DEFINITIONS
9-9.101 Purpose.
This chapter defines the terms and phrases of this title that are technical or specialized or that
may not reflect common usage. This chapter defines specific land uses only when definitions
more detailed than those provided in Chapter 9-3 are needed to determine the applicability of
standards. Where any of these definitions conflict with other titles of this Code,this chapter
prevails for the purposes of this title. (Ord. 68 § 9-9.101, 1983)
9-9.102 General definitions.
:Density Bonus. A density increase over the otherwise maximum allowable residential density
under the applicable Municipal Code ordinance and Land Use, Open Space, and Conservation
Element of the General Plan as of the date of application by the developer to the City
(Government Code 65915(£)). Density Bonuses shall either be in the form of a"State Density
Bonus"as defined by Article 30 in the Chapter 3,Zoning Districts, or as specified in the Land
Use, Open Space, and Conservation Element of the General Plan for exceptionally high design
quality.
Manufactured Housing. Residential structures that are constructed entirely in the factory, and
which since June 15, 1976, have been regulated by the federal Manufactured Home Construction
and Safety Standards Act of 1974 under the administration of the U.S. Department of Housing
and Urban Development(HUD).
Mobile Home. A trailer, transportable in one or more sections,that is certified under the
National Manufactured Housing Construction and Safety Standards Act of 1974,which is over
eight feet in width and 40 feet in length, is tied down(a)to a permanent foundation on a lot
either owned or leased by the homeowner or(b) is set on piers, with wheels removed and skirted,
in a mobile home park and not including recreational vehicle, commercial coach or factory-built
housing. A mobile home on a permanent foundation is included under the definition of"Single-
Family Dwellings".
Chapter 13 Reasonable Accommodations
9-1.3.101 Purpose
(a) Enabling legislation. This Chapter provides a procedure to request Reasonable
Accommodation for persons with disabilities seeking equal access to housing under the
California Fair Employment and Housing Act,the Federal Fair Housing Act, and the
Americans with Disabilities Act(ADA) (hereafter the Acts)in the application of zoning
laws and other land use regulations,policies, and procedures.
City of Atascadero
Ordinance leo. 570
Page 26 of 3.1.
(b) Adjustment to physical design standards. A Reasonable Accommodation is typically an
adjustment to physical design standards(e.g., setbacks)to accommodate the placement of
wheelchair ramps or other exterior modifications to a dwelling in response to the needs of
a disabled.resident.
9-13.102 Applicability
(a) Eligible applicants:
(1) A request for Reasonable Accommodation may be made by any person with a
disability,their representative or any entity, when the application of a zoning Iaw(i.e.
development standard)or other land use regulation,policy, or practice acts as a
barrier to fair housing opportunities.
(2) A person with a disability is a person who has physical or mental impairment that
limits or substantially limits one or more major life activities, anyone who is regarded
as having this type of impairment, or anyone who has a record of this type of
impairment.
(3) This Chapter is intended to apply to those persons who are defined as disabled under
the Acts.
(b) Eligible requests:
(1) A request for Reasonable Accommodation may include a modification or exception
to the practices, rules,and standards for the development, siting, and use of housing
or housing-related facilities that would eliminate regulatory barriers and provide a
person with a disability equal opportunity to housing of their choice.
(2) A request for Reasonable Accommodation shall comply with Section 9-13.103
(Application Requirements).
3-13.103 Application Requirements
(a) Filing. An application for a Reasonable Accommodation shall be filed and processed in
compliance with Chapter 9-2 (Applications: Content, Processing and Time Limits).
(b) Required data. The application shall include the following information and materials as a
supplement to the required application:
(1) Applicant's name, address,and telephone number;
(2) Address of the property for which the request is being made;
(3) Assessor Parcel Number(APN)
(4) The current use of the property;
(5) The code section(s),regulation(s),policy, or procedure for accommodation requested;
(6) A statement describing why the requested accommodation is necessary to make the
specific housing available to the applicant, including information establishing that the
applicant is disabled under the Acts; and
(7) Other relevant and permissible information as requested by the Community
Development Director or his or her designee
(c) Filing with other land use applications. If the project involves both a request for
Reasonable Accommodation and some other discretionary approval (e.g. Conditional Use
Permit,Variance, etc.), the applicant shall file the information required by 9-1.3.103(a)
and 9-13.103(b),together with the materials required for the other discretionary approval.
City of Atascadero
Ordinance No.570
Mage 27 of 31
(d) Responsibility of the applicant. It is the responsibility of the applicant to establish
evidence in support of the findings required by Section 9-13.106 (Findings and Decision),
9-13.104 Review Authority
(a) Community Development Director. Requests for Reasonable Accommodation shall be
reviewed, and a decision shall be made, by the Community Development Director if no
approval is sought other than the request for Reasonable Accommodation. The
Community Development Director may defer a decision to the Design Review
Committee at their discretion.
(b) Other review authority. Requests for Reasonable Accommodation submitted for
concurrent review with another discretionary land use application(e.g.,Conditional Use
Permit) shall be reviewed(and approved or denied) by the authority reviewing that
application.
9-13.105 Review Procedures
(a) Community Development Director's review. The Community Development Director
shall make a written decision and either approve, approve with modifications, or deny a
request for Reasonable Accommodation.
(b) Other review authority. When reviewed concurrently with.another type of discretionary
review,the written decision on whether to approve or deny the request for Reasonable
Accommodation shall be made by the authority responsible for reviewing the other
discretionary review in compliance with the applicable review procedures.
(c) The decision to approve or deny the request for Reasonable Accommodation shall be
made in compliance with Section 9-13.106(Findings and Decision).
9-13.106 Findings and Decision
(a) Findings. The written decision to approve a request for Reasonable Accommodation shall
be based on the following findings:
(1) The housing that is the subject of the request will be used by a person defined as
disabled under the Acts;
(2) The request for Reasonable Accommodation is necessary to make specific housing
available to a person with a disability under the Acts;
(3) The requested Reasonable Accommodation would not impose an undue financial or
administrative burden on the City;
(4) The requested accommodation would not require a fundamental alteration in the
nature of the housing program of the City; and
(5) The establishment, maintenance or operation of the Reasonable Accommodation
activity would not be detrimental to the public health, safety, or welfare of persons
residing or working in the neighborhood of the proposed activity.
(b) Conditions of approval. In approving a request for Reasonable Accommodation,the
review authority may impose conditions of approval deemed reasonable and necessary to
ensure that the Reasonable Accommodation will comply with the findings required by
Subsection A (Findings), above.
City of Atascadero
Ordinance No.570
Page 28 of 31.
9-13.107 Rescissions of Approval of Reasonable Accommodation
(a) Rescission:
(1) An approval or conditional approval of an application made in compliance with this
Chapter may be conditioned to provide for its rescission or automatic expiration
under appropriate circumstances (e.g.,the individual defined as disabled under the
Acts vacates the subject site, etc.), unless allowed to remain in compliance with
section 9-13.107(b) (Discontinuance),
(2) If rescinded or subject to automatic expiration, the improvement made in compliance
with the originally approved Reasonable Accommodation shall be removed from the
subject property in compliance with 9-13.107(b)(2).
(b) Discontinuance:
(1) A Reasonable Accommodation shall lapse if the exercise of rights granted by it is
discontinued for at least 365 consecutive days.
(2) If the person(s) initially occupying a residence vacates,the Reasonable
Accommodation shall remain in effect only if the review authority first determines
that:
i. The modification is physically integrated into the residential structure and
cannot be easily removed or altered to comply with this title; or
ii. The modification is to be used by another qualifying individual with a
disability.
(3) The review authority may request that the applicant or the successor(s)-in-interest
provide documentation that subsequent occupants are qualifying persons with
disabilities.
(4) Failure to provide the documentation within 30 days of the date of a request by the
review authority shall constitute grounds for discontinuance by the City of a
previously approved Reasonable Accommodation.
(5) Discontinuance shall require that the improvement made in compliance with.the
originally approved Reasonable Accommodation shall be removed from the subject
property.
9-13.108 post Decision Procedures
The procedures and requirements of this title in Chapter 2(Applications: Content, Processing
and Time Limits),and those related to appeals in Chapter 1 (Enactment,Administration and
Amendment), shall apply following the decision on a Reasonable Accommodation application.
SECTION 3: A summary of this ordinance 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.
EXHIBIT A: Categorical Exemption.
City of Atascadero
Ordinance No. 570
Page 29 of 31
INTRODUCED at a regular meeting of the City Council held on September 24, 2013, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
October 8, 2013,by the following roll call vote:
AYES: Council Members Fonzi, Kelley, Moreno and Mayor O'Malley
NOES: None
ABSTAIN: Mayor Pro Tem Sturtevant
ABSENT: None
ATTEST: ITY OF ATASCADERO
Wane
Marcia McClure Torgerson, C.M. Tom O'Malle ayor
City Clerk
APPRQ• D AS FORM:
j!
Brian Pierik, City Attorney
City of Ataseadero
Ordinance No. 570
Page 30 of 31
EXH1131T A- _._ Categorical Exemption
PLN 2011-14'17 1 ZCH X1'11-0163
Mousing Element llmp@ementation —�
t\I�P�J
f"�gaE.f I. lBlg�
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')7��'j(�L CITY
�/F 8A}-ll�jAJ1g✓�-16/$Qi/�®g ERO
TION
6907 El Camino Real Atascadero,CA 93422 805.461.5000
TO: File
FRONS City of.Atascadero
Community Development Department
6907 El Camino Real
Atascadero,CA 93422
SUBJECT: Filing of Notice.of Determination in Compliance with CEQA Sections 1.5061and 1.5462
Project Title
ZONING ORDINANCE CODE TEXT AMENDMENT
Proiect Location llndude County.)
Citywide,Atascadero,CA 93422(San Luis Obispo County)
Proiect Descrinti6n
Proposed Zoning Ordinance Text Amendments to portions of7Wle 9 Planning and Zoning.Proposed text
amendments implement the City's Housing Element and revisions are consistent with the Goals and Policies
ofthe City's General Plan.Text amendments including the following:
• Revisions and reorganization ofArticle 3 into Residential Zoning Districts(Article 3);
• Revisions fo the Residential Multi-Family Density standards(AMC 9-3.175)
• Introduction ofa residential district allowable uses matrix(AMC 9-3.180);
• Reserving Articles 4,5,and 6 for futury rises;
• Inclusion ofnew canditionallyallowed residential uses and revised land use definitions in the
Commercial Neighborhood(CN),Commercial Retail(CR)and Commercial Park(CP)zones(AMC
sections 9-3.223,9.3.203,9-3.213),
• Introduction ofArticle 25,Emergency Shelter Overlay Zone ordinance for consistency with State q1'
Calt,'fomia Senate Bill 2(Article 23);
• Designated APN 030-341-013 as an Emergency Shelter(ES)overlay zone fir implementation of'the
City's F,mergencyShelter Ordinance;regardless ofowner;
• Additions to the land use descriptions in Article 29 for code consistency purposes(AM('9-3.701);
• Revisions to Article 13;Downtown Zone-1 PC(Pedestrian Commercial)Zane for consistency with
revised land use definitions(AMC 9-3.262);
• Introduction ofArticle 30,Density Bonus,for consistency with State Housing law(Article 30);
• Introduction of section 9-6.184,Single Room Occupancies ordinance(AMC 9-6.185)
• Introduction afOiVer 13-Reasonable Accommodations for consistency with State and Federal
Housing and Disability law(AMC 9-13);
• Additions to section 9-102 General definitions for consistency with proposed ordinances;
City of Ataseadero
Ordinance No.570
Page 31 of 31
CITY OF ATAAS(ADERO
NOTICE OF FXEMPTT'ON
Page 2 of 2
Maine of Public A-stenov Awrovinje ftiect
Ciry o fAtascadero
Narne of Person or Aj±encv.Carei<nst Out.Proiect
Communih,I)evelapmentl)et)artmeni,C'ityofkascadem
E..cmtlt�utatllS:
Reasons Kph}-project is exempt:
"Tire California Environmental Qualky Act(CEQA)(Section 15051.(3)Raview for Exemption)exempts
acAivities which in covered by the general rule that C.F:QA applies only to projects.which have the
potential forcausing a significant effect on the evironunnt.
Date: .Tune 25,2013 � n
Alfredo R.Castillo,Al.CP
Assistant Planner
Page 2 of 2