HomeMy WebLinkAboutOrdinance 578 CERTIFICATION
1, Marcia McCiure Torgerson, C.M.C., City Clerk of the City of Ataseadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 578, adopted by the
Atascadero City Council at a regular meeting thereof held on November 12, 2013, and that it has
been duly published pursuant to State Law.
DATED:
Marcia McClure Tor gersou, C.M.C.
City Clerk
City of Atascadero, California
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ORDINANCE NO. 578
AN ORDINANCE OF THE CITY COUNCIL
F THE CITY OF ATASCA.DE R , CALIFORNIA,
AMENDING THE ATASCADE O MUNICIPAL CODE BY APPROVING
PLN 2413--1462/ZCH 2013-0168 TITLE 9 ZONING ORDINANCE CODE
TEXT AMENDMENTS
(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
Ave.,Atascadero, CA 93422),to consider Zone Change Text Amendments to allow multi-family
residential uses in structures of historical significance as a conditionally allowed use in the
Commercial Professional and Commercial Services (CS) zones; Amend section 9-4.106 front
setback standards to allow exceptions to these standards with Design Review Committee (DRC)
approval; amend section 9-4.115, off-street parking, for consistency with the 2013 California
Building Code; amend section 9-4.128 fencing and screening to allow fence height exceptions
with DRC approval and allow fences up to four (4) feet in height within the front setback of
parcels less than one (1) acre in size; amend section 9-4.139 through 9-4.154 Grading and
drainage standards for consistency with State Post Construction Stormwater regulations; amend
section 9-4.159 and 9-4.160 Streets, to allow frontage improvement exceptions for certain
residential projects and clarification of improvements; Amend section 9-6.103 to allow for cargo
containers as accessory structures with issuance of a building permit subject to DRC and/or CUP
review; and amend section 9-11.105, exempting emergency septic system repairs from the
Native Tree Ordinance.
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 recommended to the City Council that it is in
the best interest of the City to enact these amendments 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,
City of Atascadero
Ordinance No. 578
Page 2 of 28
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on October 15, 2013, studiedand considered PLN 2013-1462/ZCH 2013-0168 and
recommended approval to the City Council; and,
WHEREAS, the City Council of the City of Ataseadero, at a Public Hearing held on
November 12, 2013, studied and considered PLN 2013-1462/ZCH 2013-0168 and recommended
approval to the City Council;and,
NOW THEREFORE, THE CITE' COUNCIL OF THE CITE' OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Title 9 of the Atascadero Municipal Code is amended to read as follows.
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;
(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/or within an
existing residential structure of historical significance
City sof Atascader'o
Ordinance No. 578
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9-3.233 Conditional Uses.
The following uses may be allowed in the Commercial Service Zone. The establishment of
conditional uses shall be as provided by Section 9-2.110 (Conditional use permits):
(a) Amusement services;
(b) Warehousing;
(c) Vehicle and freight terminal;
(d) Service stations(see Section 9-6.164);
(e) Caretaker residence(see Section 9-6.104);
(f) Transit stations and terminals;
(g) Public assembly and entertainment;
(h) Indoor recreation services;
(i) Outdoor recreation services(see Section 9-6.123);
(j) Apparel and finish products, where areas of use exceed five thousand(5,000)
square feet;
(k) Sports assembly;
(1) Electronic and scientific instruments,where areas of use exceed five thousand
(5,000) square feet;
(m) Furniture and fixtures,where areas of use exceed five thousand(5,000)square
feet;
(n) Glass products manufacturing;
(o) Pipelines;
(p) Stone and cut stone products, where all areas of use exceed five thousand(5,000)
square feet;
(q) Auto dealers(new and used) and supplies(see Section 9-6.163);
(r) Storage yard(see Section 9-6.140). (Ord. 549 § 2, 2010; Ord. 494 § 3, 2006; Ord.
473 § 2,2005; Ord. 364 § 2, Exh. B, 1999; Ord. 237 § 1(D), 1992; Ord. 169 § 2,
Exh. A, 1988; Ord.. 68 § 9-3.233, 1983)
(s) Multi-Family Dwelling within an existing residential structure of historical
significance.
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(x) 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
City of Atascadero
Ordinance No. 578
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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 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.
(5) The Design Review Committee(DRC)may grant an exemption to the
front setback requirement based on neighborhood compatibility for
structures that meet the following criteria:
(i) Structures are no greater than ten(10) feet in height;
(ii) Structures do not exceed front yard coverage of more than fifty
(50)percent.
(iii) Structures do not impair sight distances for vehicular traffic as
reviewed by the City Engineer.
(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.
City of Ataseadero
Ordinance No. 578
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(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 this
title shall be followed in establishing such setbacks. (Ord. 552 § 2,2010; Ord. 68
§ 9-4.106, 1983: Ord 82 § 9-4.106, 1984)
9-4.115 Off-street parking required.
All uses requiring an entitlement shall be provided off-street parking as set forth in this section,
except parking lots in the following situations:
(a) Compact Car Spaces. Lots with twenty (20) or more spaces may substitute
compact car spaces for up to twenty percent (20%)of the total number of spaces.
Compact car spaces shall be a minimum of eight(8)by fourteen(14) feet in size.
Compact spaces shall be designated by painting the word"compact"or similar,
on the surface of the space.
(b) Motorcycle Parking. Lots with twenty(20)or more spaces may replace regular
spaces with motorcycle spaces at a ratio of one(1)motorcycle space for each
twenty(20) spaces. Motorcycle spaces shall be a minimum size of three (3)by
six(6) feet. Motorcycle spaces shall be designated by painting the word
"motorcycle," or similar, on the surface of the space.
(c) Bicycle Spaces. Lots with twenty (20) or more spaces may substitute a bicycle
rack providing space for at least five(5)bicycles at a ratio of one (1)bicycle rack
for each twenty(20) spaces. It is recommended that all shopping centers provide
some bicycle spaces in the project.
(d) Parking District. Parking requirements may be modified within a parking district
where the district provides adequate parking within the limits of the district and
the parking requirements of a new use are accommodated by the parking district.
(e) Shared On-site Parking Adjustment. Where two or more nonresidential uses are
on a single site, the number of parking spaces may be reduced through
adjustment (Section 9-1.112) at a rate of five (5)percent for each separate use,
up to a maximum of twenty percent (20%); as long as the total number of spaces
is not less than required for the use requiring the largest number of spaces.
City of Atascadero
Ordinance No. 578
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(f) Shared Peak-Hour Parking. In addition to the reduction of required parking
allowed by subsection(f) of this section,where two (2) or more uses have distinct
and differing peak traffic usage periods(for example,a theater and a bank),the
required number of parking spaces may be reduced through conditional use
permit approval,provided that the parking lots of each use are located within.
three hundred(300) feet of each other(as measured along the most direct
pedestrian path). The amount of reduction may be up to seventy-five percent
(75%)of the amount of spaces required for the most intensive of the two (2) or
more uses sharing the parking.
(g) On-Street Parking Adjustment. Where a proposed driveway from a street to a new
parking area would eliminate on-street parking spaces equal to or greater in
number than the off-street spaces required,the requirement for off-street spaces
may be eliminated through adjustment(Section 9-1.112 of this title) where the
access or proposed building cannot reasonably be redesigned to avoid a net loss of
parking.
(h) Planning Commission Modification. The parking standards of this title may be
modified through conditional use permit approval based upon specific findings of
fact that the characteristics of a use or its immediate vicinity do not necessitate the
number of parking spaces,type of design, or improvements required by this title
and that reduced parking will be adequate to accommodate on the site all parking
needs generated by the use. (Ord. 136 § 94.115, 1986; Ord. 68 § 9-4.115, 198
9-4.128 Fencing and screening.
Standards for fencing and screening are established by this section to protect certain uses
from intrusion,to protect the public from uses that may be hazardous, and to increase
compatibility between different land uses by visual screening. Fencing is the enclosure of
an area by the materials identified in subsection(c)of this section. Screening is the
enclosure of an area by a visual barrier, which may include solid fencing or other
materials, as specified in subsection(c)of this section.
(a) Fencing and Screening: Where Required. Within the urban services line, the uses
andareas listed.in this subsection shall be fenced and/or screened, as indicated.
Unless otherwise specified,fencing and screening are to be a minimum height of
six(6)feet. Fencing and screening materials of a height greater than three(3) feet
shall not be located within a required front setback or side setback adjacent to a
street.
(1) Mechanical Equipment. When located outside of a building, support
equipment, including air conditioning and heating devices,but not
including plumbing or exhaust vents, or chimneys, shall be screened to the
height of the particular piece of equipment,as follows:
(i) Roof-Mounted Equipment. To be screened by architectural
features from the view of abutting streets.
(ii) Equipment at Grade. When located on the ground adjacent to a
building, mechanical equipment shall be screened by landscaping,
City of Atascadero
Ordinance No. 578
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a solid wall or fencing from the view of the street or surrounding
properties.
This subsection does not apply to single family residential uses.
(2) Outdoor Storage. To be screened on all sides by a wall or fencing.
(3) Public Utility Substations. To be screened on all sides in a manner that
will provide an effective visual barrier as well as the necessary safety
clearances required by order of the California Public Utilities
Commission.
(4) Side and Rear Lot Lines. The side and rear property lines of all
nonresidential uses are to be screened as follows:
(i) Adjacent to a Residential Use or Zone. A solid wall or fencing
shall be located on side and rear property lines of any
nonresidential or nonagricultural use abutting a residential use or
zone.
(5) Swimming Pools. Yard areas with private swimming pools are to be
fenced to discourage unsupervised access and use by small children. Such
fencing is to be constructed per building code requirements.
(b) Exceptions to Fencing and Screening Requirements.
(1) Buildings Abutting Property Lines. Required screening or fencing may be
omitted along any lot line where a building wall exists immediately
abutting the lot line.
(2) Location Adjustment. Where property fencing or screening is required,the
location may be adjusted(see Section 9-1.112 of this title), so the fencing
may be constructed at or within the setback line,provided the areas
between the fence and the property lines are landscaped, or in rural areas,
retained in their natural vegetative state.
(3) Planning Commission Modification. Any of the requirements of this
section may be waived or modified through conditional use permit
approval, provided the Planning Commission first finds that specifically
identified characteristics of the site or site vicinity would make required
fencing or screening unnecessary or ineffective.
(c) Standards for Fencing and Screening Materials. All fencing andscreening shall be
allowed as follows:
(1) Height. Fence and screen height shall be permitted as follows
(i) RS/RR/RSF-Z/RSF-Y (with one(1) acre net or larger)Zones.
a. Fencing within a required front or corner yard setback may be
up to five(5) feet in height, provided that the top two(2) feet
remain a minimum of eighty percent(80%)visibility. The
fence shall not impair safe sight distance for vehicular traffic
nor result in any other potential adverse impact on human
health and safety(refer to engineering standard: Minimum
Sight Distance for Driveways and Intersecting Roads with Stop
Control).
City of Atascadero
Ordinance No. 578
Page 8 of 28
b. Fencing associated with agriculture type activities including
but not limited to "deer fencing"and other fencing that is a
minimum of eighty-percent visible may be up to seven(7) feet
in height. Chain link fencing, wrought iron fencing, and any
other decorative type of fencing is not considered"agriculture"
type fencing for the purposes of this subsection.
c. Fencing within a required side or rear setback may be a
maximum of six (6) feet in height.
(ii) RSF-Y (less than one (1) acre net)/R.SF-X/LSF-Z/LSF-Y/LSF-
X/RMF-10/RMF-20.
a. Fencing within a required front or corner yard setback can be a
maximum of four(4) feet in height.
b. Fencing within a required side or rear yard setback shall be a
maximum of six(6) feet in height.
(iii) Gateposts and other superstructures over site entrances and exits
may be up to twelve(12) feet in height.
(iv) Height Measurement. Fencing and screening materials shall be
measured from the finished grade of the uphill lot.
(2) The Design Review Committee(DRC)may grant an exemption to the
front setback fencing requirement to a maximum of six(6) feet in height if
proposed fence would be consistent with the neighborhood character and
does not impair site distance for vehicular traffic, as reviewed by the City
Engineer.
(3) Permit to Exceed Height. A minor conditional use permit approval is
required where fencing is proposed to be greater than six (6) feet in height
within or outside any required setback, with the exception of fencing
described in subsection 94.128.(c).(1).(i).b.
(4) Screening Materials Substitution. Where screening is required to be a solid
wall or fence,the following materials may be substituted through
adjustment(see Section 9-1.112 of this title),except where screening is
required adjacent to a residential use or zone:
(i) Landscape Screen. Screening plant materials may be substituted
for a wall or fence, where:
a. Proposed plant materials are certified in writing by a registered
landscape architect as having the capability of achieving sixty
percent(60%)of total view blockage within eighteen(18)
months of planting, and one hundred percent(100%)of total
view blockage within thirty-six (36)months of planting; and
b. The applicant agrees in writing to install solid fencing after the
expiration of thirty-six(36) months, in the event that the
landscaping has not totally blocked the view of areas required
to be screened.
(ii) Berms. A landscaped berm may be substituted for a wall or fence,
provided that the combination of berm and landscaping is no less
than the required height of the fence or wall, and that the berm is
City of Atascadero
Ordinance No. 578
Page 9 of 28
constructed with a maximum slope of three-to-one (3:1), with side
slopes designed and planted to prevent erosion;and with a rounded
surface a minimum of two (2) feet in width at the highest point of
the berm, extending the length of the berm. The berm shall be
planted with shrubs, lawn or groundcover.
(iii) Chain-Link Fencing. Vinyl-coated, chain-link fencing with
evergreen landscape screen planting may be substituted for a solid
wall or fence in commercial and industrial zones, except where
screening fencing is required adjacent to residential uses and
zones. (Ord. 554 § 2,2011; Ord. 547 § 2,2009; Ord. 482 § 2,
2005; Ord. 68 § 9-4.128, 1983)
9-4.139 Grading pian required.
In any case where a proposed project requiring a precise plan or conditional use permit approval
involves fifty (50)or more cubic yards of earth moving,the application shall include a grade
plan containing the information specified by this section. If engineered grading(Section 9-
4.141(b)) is to occur,then the grading plan shall also include all information required by Section
9-4.141. A grading plan shall be neatly and accurately drawn to scale,including the following
information:
(a) Existing ground contours or elevations of the site at two (2) foot intervals.
(b) Contours or site elevations after grading is completed, including any
modifications to drainage channels.
(c) Any required retaining walls or other means of retaining cuts or fills.
(d) Elevations of the edge of the pavement or road at driveway entrance.
(e) Elevation of the finish floor of the garage or other parking area.
(f) Elevations at the base of building corners.
(g) Area of disturbance in square feet.
(h) Quantities of cut and fill.
(i) Erosion control notes and details.
0) Drainage structures and other drainage design features.
(k) Sections showing grading, showing any retaining walls, cut and fill.slopes, pads,
building structures and drainage structures.
(1) Grading notes, details or other information required by the City Engineer.
9-4.141 Grading permit: Application content.
To apply for a grading permit, a plot plan application shall be submitted together with the
additional information required by this section. Where grading requiring a permit is proposed in
conjunction with a precise plan or conditional use permit request,those applications may be used
to satisfy grading permit information requirements as long as all required information.is
submitted.
Cita of,4tascadero
Ordinance No. 578
Page 10 of 20
(a) Minor Grading. Where Section 9-4.1.40 requires a grading permit and the grading
will move less than five hundred(500)cubic yards and is located on slopes less
than twenty percent(20%); the application for a grading permit is to include the
following:
(1) Contour Information.
(i) For sites with slopes of ten percent(10%) or less, generalized
existing contours and drainage channels, including areas of the
subject site(and adjoining properties)that will be affected by the
disturbance either directly or through drainage alterations.
(ii) For sites with slopes greater than ten percent(10%) and less than
thirty percent(30%), details of area drainage and accurate
contours of existing ground at two (2) foot intervals; for slopes
thirty percent(30%) or greater, contours at five (5) foot intervals.
(2) Location of any buildings or structures existing or proposed on the site
within fifty(50) feet of the area that may be affected by the proposed
grading operations.
(3) Proposed use of the site necessitating grading.
(4) Limiting dimensions,elevations or finished contours to be achieved by the
grading, slopes of cut and fill areas and proposed drainage channels and
related construction.
(5) Drainage plan in compliance with Municipal Codes Section 9-4.148 and
the City of Atascadero Drainage Standards.
(6) Where required by the Building Official, a soil engineering report,
including date regarding the nature,distribution and strength of existing
soils, conclusions and recommendations for grading procedures and
criteria for corrective measures when necessary and opinions and
recommendations covering adequacy of sites to be developed by the
proposed grading.
(7) Where required by the Building Official, an engineering geology report,
including a description of site geology, conclusions and recommendations
regarding the effect of geologic conditions on the proposed development,
and opinions and recommendations covering the adequacy of sites to be
developed by the proposed grading.
(8) Intended means of revegetation, including the location, species, container
size and quantity of plant materials proposed, and the proposed time of
planting.
(9) Where required by the Building Official,protective measures to be taken
during construction, such as hydro-mulching,berms(temporary or
permanent), interceptor ditches,subsurface drains,terraces, and/or
sediment traps in order to prevent erosion of the cut faces of excavations
or of the sloping surfaces of fills.
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Ordinance No. 578
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(b) Engineered Grading. Where the grading will move five hundred(500) cubic yards
or more, is located on slopes of twenty(20) percent or greater,or is located within
a Geologic Hazard Overlay Zone or Flood Hazard Overlay Zone,the grading plan
shall be prepared and certified by a registered civil engineer and shall include
specifications covering construction and material requirements in addition to the
information required for minor grading. (Ord. 99 §2 (1), 1985; Ord. 68 § 9-4.141,
1983)
9-4.144 Grading standards.
All excavations and fills are to be conducted in accord with the following standards,when
applicable:
(a) Grading Near Watercourses. Grading, dredging, or diking may not alter any
intermittent or perennial stream or natural body of water shown on any USGS 7
1/2 minute map or designated by another State or Federal agency with jurisdiction
over said waters, except as permitted through approval of a drainage plan and
appropriate State and Federal Permits. Watercourses are to be protected as
follows:
(1) Watercourses shall not be obstructed unless an alternate drainage facility is
approved.
(2) Fills placed within watercourses shall have suitable protection against
erosion during flooding.
(3) Grading equipment shall not cross or disturb channels containing live
streams without siltation control measures approved by the City Engineer
in place.
(4) Excavated materials shall not be deposited or stored in or alongside a
watercourse where the materials can be washed away by high water or
storm runoff.
(b) Revegetation. Where natural vegetation has been removed through grading in areas
not affected by the landscaping requirements(Section 9-4.124 et seq.)and that
shall not be occupied by structures, such areas shall be replanted as set forth in this
subsection to prevent erosion after construction activities are completed.
(1) Preparation for Revegetation. Topsoil removed from the surface in
preparation for grading and construction shall be stored on or near the site
and protected from erosion while grading operations are underway,provided
that such storage may not be located where it would cause suffocation of
root systems of trees intended to be preserved. After completion of such
grading, topsoil shall be restored to exposed cut and fill embankments or
building pads to provide a suitable base for seeding and planting.
(2) Methods of Revegetation. Acceptable methods of revegetation include
hydro-mulching, or the planting of rye grass, barley or other seed with
equivalent germination rates. Where lawn or turf grass is to be established,
lawn grass seed or other appropriate landscaping cover shall.be sown at not
City of Atascadero
Ordinance No. 578
Wage 12 of 28
less than four(4) pounds to each one thousand(1,000) square feet of land
area. Other revegetation methods offering equivalent protection may be
approved by the Building Official. Plant materials shall be watered at
intervals sufficient to assure survival and growth. Native plant materials are
encouraged to reduce irrigation demands.
(c) Off-site Effects. Grading operations shall be conducted to prevent damaging
effects of erosion, sediment production and dust on adjacent property,including
public and private rights-of-way. (Ord. 68 § 94.144, 1983)
9-4.145 Sedimentation and erosion control.
(a) Sedimentation and Erosion Control Plan Required. A sedimentation and erosion
control plan is required when:
(1) Land is disturbed for any non-agricultural purpose.
(2) Grading which may affect adjacent property or private rights-of=-way
which is proposed to be conducted or left in an unfinished state during the
period from October 15th through April 15th.
(3) Land disturbance activities are conducted in geologically unstable areas,
on slopes in excess of thirty(30)percent, on soils rated as having severe
erosion hazard, or within fifty(50) feet of any watercourse shown on the
most current 7 1/2 minute USGS quadrangle map or designated by a State
or Federal agency with jurisdiction over watercourse delineation.
(4)The placing or disposal of soil,silt,bark, slash, sawdust or other organic or
earthen materials from logging, construction and other soil disturbance
activities above or below the anticipated high water line of a watercourse
where they may be carried into such waters by rainfall or runoff in
quantities deleterious to fish, wildlife or other beneficial uses.
(b) Sedimentation and Erosion Control Plan Preparation and Processing.
Sedimentation and erosion control plans shall address both temporary and final
measures and shall be submitted to the City Engineer for review and approval.
These plans,when required, shall be prepared by a registered civil engineer when
grading exceeds 500 cubic yards. Plans for land disturbance of one acre or larger
shall be developed and signed by an appropriately licensed individual in
accordance with the State Water Resources Control Board requirements. These
plans shall be in accordance with the City Standard Improvement Specifications
and Drawings, and may be incorporated into and approved as part of a grading,
drainage or other improvement plans, but must be clearly identified as an erosion
and sedimentation control plan.
(c) Plan Check. Inspection, and Completion. Where required by the City Engineer,
the applicant shall execute a plan check and inspection agreement with the City
and the sedimentation and erosion control facilities inspected and approved before
a certificate of occupancy is issued.
Citgo of Atascadero
Ordinance Pio. 578
Page 13 of 28
(d) Sedimentation and Erosion Control Measures. The control of sedimentation and
erosion shall include but not be limited to the use of the following:
(1) Slope Surface Stabilization.
(i) Temporary mulching, seeding or other suitable stabilization
measures approved by the City Engineer shall be used to protect
exposed erodible areas during construction,
(ii) Earth or paved interceptors and diversions shall be installed at the
top of cut or fill slopes where there is a potential for erosive
surface runoff.
(2) Erosion and Sedimentation Control Devices. In order to prevent polluting
sedimentation discharges, erosion and sediment control devices shall be
installed as required by the City Engineer for all grading and filling.
Control devices and measures which may be required include, but are not
limited to:
(i) Energy absorbing structures or devices to reduce the velocity of
runoff water.
(ii) Sedimentation controls such as sediment debris basin and traps.
(iii) Dispersal of water runoff from developed areas over large
undisturbed areas.
(iv) Multiple discharge points to reduce the volume of runoff over
localized areas.
(3) Final Erosion Control Measures. Within thirty(30)days after completion
of grading, or prior to building final, requiring a sedimentation and erosion
control plan,all surfaces disturbed by vegetation removal, grading,haul
roads, or other construction activity that alters natural vegetative cover,
shall be revegetated to control erosion,unless covered with impervious or
other improved surfaces authorized by approved plans. Erosion controls
may include any combination of mechanical or vegetative measures. (Ord.
68 § 9-4.145, 1983)
9-4.149 Drainage plan required.
Drainage plans shall be submitted with or be made part of plot plan,precise plan,
conditional use permit or grading permit application for a project that:
(a) Involves a land disturbance (grading or removal of vegetation down to duff or
bare soil by any method) of more than one acre; or
(b) Will result in an impervious surface of more than one thousand(1,000)square
feet; or
(c) Is subject to local ponding due to soil conditions and lack of identified drainage
channels; or
City of Atascariero
Ordinance No. 578
Page 14 of 28
(d) Is located in an area identified by the City Engineer as having a history of
flooding or erosion that may be further aggravated by or have a harmful effect on
the project; or
(e) Is located within a designated Flood Hazard overlay zone; or
(f) Involves land disturbance or placement of structures within fifty (50) feet of any
watercourse shown on the most current USGS 7 1/2 minute quadrangle map, or
designated by a State or Federal agency with jurisdiction over watercourse
delineation; or
(g) Involves hillside development on slopes steeper than ten(10)percent or
driveways over twelve (12)percent slope. (Ord. 68 § 9-4.149, 1983)
9-4.151 Drainage plata preparation and content.
Drainage plans are to be neatly and accurately drawn, at an appropriate scale that will
enable ready identification and recognition of submitted information. Drainage plans
must be prepared by an appropriately licensed profession as required by the City
Engineering Standards or as required by the City Engineer.
(a) Basic Drainage Plan Contents.A drainage plan shall include the following
information about the site:
(1) Flow lines of surface waters onto and off the site.
(2) Existing and finished contours at two (2)foot intervals or other
topographic information approved by the City Engineer.
(3) Building pad, finished floor and street elevations, existing and proposed.
(4) Existing and proposed drainage channels including drainage swales,
ditches and berms.
(5) Location, calculations and design of any proposed facilities for storage or
for conveyance of runoff into indicated drainage channels, including
sumps,basins, channels, culverts,ponds, storm drains, and drop inlets.
(6) Estimates of existing and increased runoff resulting from the proposed
improvements.
(7) Proposed erosion and sedimentation control measures.
(8) Proposed flood proofing measures where determined to be necessary by
the City Engineer.
(9) 100-year flood elevations if the property is in flood hazard area.
(10) The drainage plan must show compliance with the City Drainage
Standards and the Central Coast Water Board's Post Construction
Stormwater Management Requirements for Development Projects in the
Central. Coast Region(upon adoption by the City Council). This includes
Cit} of Atascadero
Ordinance No. 578
Wage 15 of 28
all projects that add 1,000 square feet of impervious surface to the
property.
(b) Engineered Plan Content. Engineered drainage plans shall include an evaluation
of the effects of projected runoff on adjacent properties and existing drainage
facilities and systems in addition to the information required by subsection(a) of
this section. (Ord. 68 § 9-4.151, 1983)
9-4.154 Drainage standards.
(a) Design and Construction. Drainage systems and facilities subject to drainage plan
review and approval that shall be located in the City or existing or future public
right-of-way shall be designed and constructed as set forth in the City Engineering
Department Standard Improvement Specifications Drainage Standards and
Drawings and the Central Coast Water Board's Post Construction Stormwater
Management Requirements for Development Projects in the Central Coast Region
(upon adoption by the City Council). All systems and facilities subject to
drainage plan review and approval shall be designed in accordance with the City's
Drainage Standards, Central Coast Waxer Board's Post Construction Stormwater
Management Requirements(upon adoption by the City Council), and good
engineering practices.
(b) Natural Channels and Runoff. Proposed projects may include design provisions to
retain off-site natural drainage patterns and limit peak runoff to predevelopment
levels when required by the City Engineer.
(c) Flood Hazard Areas. Buildings are not permitted in an area determined by the
City Engineer to be subject to flood hazard by reason of inundation,overflow or
erosion, except where provisions are made to eliminate such hazards to the
satisfaction of the City Engineer. Such provisions may include providing adequate
drainage facilities,protective walls, suitable fill, raising the floor level of the
building or by other means. The placement of the building and other structures
(including walls and fences) on the building site shall be such that water or
mudflow will not be a hazard to the building or adjacent property. The City
Engineer in the application of this standard shall enforce as a minimum the
current federal flood plain management regulations as defined in Title 24, Chapter
X, Subchapter B, National Flood Insurance Program,Part 1910. (Ord. 68 § 9-
4.154, 1983)
9-4.159 Curbs, gutters and sidewalks.
The installation of curb, gutter and sidewalks shall be as set forth in this section.
(a) When Required. Curb,gutter and sidewalk is required to be installed as set forth
in this section when:
(1) The value of any structures proposed during a period of twelve(12)
months(as indicated by all building permits issued for the site during the
twelve(12)month period)exceeds twenty-five percent(25%)of the total
City of Atascadero
Ordinance No. 578
Page 16 of 28
value of all improvements existing on the site as determined by the
assessment roll at the time the first of the building permits is applied for.
(2) A new structure is moved onto a site (rather than constructed in place)
where street frontage improvements would be required by subsection(b)
of this section.
(b) Where Required. Within the urban services line, concrete curb, gutter, and
sidewalk is required with any project in the following areas:
(1) In all commercial zones, except in commercial areas oriented to highway
travel unless pedestrian, vehicular and use characteristics of the project
and surrounding area indicate a need for the improvements.
(2) In the RMF Zones, except that area with a permitted density of ten(1 Q)
units or less may not be required to provide the improvements unless
pedestrian,vehicular and use characteristics of the project and surrounding
area indicate a need for the improvements. In RMF Zones with a permitted
density of ten(14)units or less per acre, asphalt or similar shoulder
improvements shall be provided to accommodate pedestrian needs.
(3) In all industrial zones, except that sidewalks may not be required unless
pedestrian, vehicular and use characteristics of the project and surrounding
area indicate a need for the improvements.
(4) In areas designated by any Curb, Gutter and Sidewalk Plan adopted by the
City Council.
(5) In Planned Developments except where an alternative pedestrian path
system is proposed and accepted by the City Engineer.
(6) Along El Camino Real.
(7) Along Morro Road(Capistrano Avenue to San Gabriel Road)
(c) Extent of Improvements. Curb, gutter and sidewalk improvements shall be
constructed as required by this section along the entire street frontage of the site
and also along the street frontage of any adjoining lots in the same ownership as
the site.
(d) Exceptions. Curb, gutter and sidewalk improvement requirements may be waived,
modified or delayed as follows,provided that waiver of such improvement
requirements shall not grant relief from the requirements of this Code governing
encroachment on City rights-of-way:
(1) Incompatible Grade. The improvements required by this section may be
waived or modified by the City Engineer when, in the opinion of the City
Engineer,the finish grades of the project site and adjoining street are
incompatible for the purpose of accommodating such improvements.
(2) Incompatible Development. The required improvements may be waived
by joint decision of the Planning Director and City Engineer where they
determine,based upon the zoning districts of this title, existing land uses
in the site vicinity, and existing and projected needs for drainage and
City of Atascadero
Ordinance No. 578
Page 17 of 28
traffic control that such improvements would be incompatible with the
ultimate development of the area.
(3) Premature Development. The required improvements may be delayed
when the City Engineer determines that they would be premature to the
development of the area,provided that the applicant shall post a bond or
other acceptable performance guarantee and construct the improvements
within a period of one (1)year or such other time established by the City
Engineer.
(4) Minor Projects Curb Gutter and Sidewalk Not Required-Development of
second units, residential remodels,residential additions, residential
reconstruction and residential accessory structures on single-family
residential zoned lots(RS/RSF/LSF)that are not part of a tentative
subdivision.map project shall be exempt from curb,gutter, and sidewalk
installation requirements. Where roads do not currently exist,the applicant
must comply with Section 9-4.160. If curb, gutter, and sidewalk
improvements are not required, grading or other improvements within the
public right-of-way may still be required by the City Engineer as part of
the driveway encroachment permit if needed for safety,public utility
service, site distance,or drainage as related solely to the proposed
driveway encroachment, in accordance with City Engineering Standards.
(e) Design and Construction Standards. Curb, gutter and sidewalk improvements
shall be constructed to the grade and specifications required by the City Engineer.
Improvement plan drawings shall be submitted to the City Engineer for approval
prior to construction of improvements and shall be designed and constructed as
set forth in the City Engineering Department Standard Improvement
Specifications and Drawings. A drainage plan may be required in conjunction
with improvement plans.No drainage shall be allowed across public sidewalks or
driveways. All grading and construction is to occur at the expense of the
developer, including placement of base and surfacing between the lip of the new
gutter and the existing pavement as necessary to complete the street surface. The
new surfacing between the gutter and existing pavement is to be at least equal in
kind to that presently in place. These improvements shall include paved
transitions to provide for existing road drainage as well as drainage to or from the
proposed site.
(f) Timing of installation. All required improvements are to be completed as set forth
in Sections 9-2.114 and 9-2.116 prior to occupancy.
(g) Plan Check and Inspection. When required by the City Engineer, a plan check and
inspection agreement shall be entered into.
(h) Appeal. Any person aggrieved by the requirements of this section shall have the
right of appeal to the City Council as provided by Section 9-1.111. (Ord. 68 § 9-
4.159, 1983)
9-4.160 Streets.
City of Ataacadero
Ordinance No. 578
Page 18 of 28
The installation and maintenance of asphalt road paving, asphalt berm and drainage
facilities shall be constructed along the frontage of a development project(residential
subdivision, commercial, industrial, individual residential lots, etc.)as follows:
(a) Frontage street construction. If the frontage street is not improved or paved along
the development project frontage,the developer will be required to construct half
('/2)width plus ten(10)feet to the City of Atascadero Engineering Standards.
(b) Frontage Street Maintenance. If the street is in need of maintenance,per the City
Engineer, along the development project frontage,the developer will be required
to repair the road along the street property frontage to a width of half('/a) width
plus ten(10) feet. The repairs may include overlay,pothole repair, crack seal and
or slurry seal. This requirement does not apply to second units, residential
remodels,residential additions, residential reconstruction and residential
accessory structures on single-family residential zoned lots(RS/RSF/LSF)that
are not part of a tentative subdivision map. If frontage or offsite improvements
are not required, grading or other improvements within the public right-of-way
may still be required by the City Engineer as part of the driveway and or utility
encroachment permit if needed for safety,public utility service, site distance, or
drainage as related solely to the proposed driveway encroachment, in accordance
with City Engineering Standards.
(c) Subdivisions.A new subdivision shall construct and provide for future
maintenance of all interior subdivision roads and related facilities. The project
shall also provide well-paved City standard access roads from a collector or
arterial to the subdivision and repair existing underpaved or poor condition
interior or frontage roads.
(d) Commercial and Industrial Projects. The project shall construct all roads fronting
the project to City standard. If the road fronting the project is an arterial or
collector,the width of the road constructed shall be wide enough to allow for safe
travel, turning movements and transitions,to the approval of the City Engineer.
The project shall provide well-paved City standard access roads from a collector
or arterial to project and repair existing underpaved or poor condition frontage
roads. Repair may include overlay,pothole repair, crack seals or slurry seal.
(e) If existing buildings are on the property, the required improvements will be
constructed if the value of the proposed buildings and site improvements is
twenty-five percent(25%) or greater than the value of existing buildings and site
improvements as determined by the San Luis Obispo County Tax assessor.
(f) Damage Occurring from Construction. Any existing public street which is
damaged as a result of on-site or off-site construction shall be reconstructed, or
repaired if damage is not extensive,to the satisfaction of the City Engineer prior
to issuance of a certificate of occupancy.
(g) Extent of Improvements. Street improvements, not including curb, gutter and
sidewalk unless necessary for proper drainage control, may be required beyond
the frontage of the property when traffic generated by the development of a site is
determined to warrant such improvement in order to provide for adequate access
and traffic safety.
City of Atascadero
Ordinance No. 578
Fuge 19 of 29
(h) The City Engineer may allow cash payment or bonding for the improvement if it
is in the best interest of the community and provide for orderly development of
the circulation system. (Ord. 398, 2002)
9-6.103 Accessory storage.
Where the principal building or use on a site is some use other than storage, and storage
accessory to that use is also located on the site,the accessory storage is subject to the
following standards(see also Section 9-6.140).A zoning approval is not required to
establish accessory storage except when subsection(b) and(g) of this section requires
such approval for a specific type of storage.
(a) Building Materials and Equipment. Building materials and equipment being used
in a construction project on the same or adjacent site may be stored on or adjacent
to the construction site as long as a valid building permit is in effect for
construction on the premises. Building materials and equipment include stockpiles
of construction materials,tools, equipment, and building component assembly
operations. When storage is proposed on a lot adjacent to the construction site, the
application for the project is to also describe the storage site. Temporary storage
of construction materials on a site not adjacent to the construction is subject to
Section 9-6.175.
(b) Commercial Vehicles. This subsection applies to the accessory storage of vehicles
used for shipping and/or the delivery of freight and products in support of a
business or used for other commercial activity,when such vehicles are larger than
a standard passenger car,pickup truck or van. Storage means parking a
commercial vehicle longer than for a single weeknight,weekend or holiday. The
storage of vehicles as a principal use is subject to the standards of Section 9-
6.183.
(1) Commercial vehicles are to be stored in the CN and CR Zones in an
enclosed building or in a screened parking or loading area.
(2) Commercial or agricultural vehicles may be stored in the CS,IP, I and
CPK Zones without regulation other than the standards of Section 9-4.114.
(3) Agricultural vehicles may be stored outdoors in any zone when
agricultural activities occur on site but only within the buildable area of a
site. This requirement does not apply to farm vehicle dealerships. The
storage of agricultural vehicles in the A Zone is unrestricted.
(4) Commercial or agricultural vehicles shall be allowed in conjunction with
an approved home occupation when in compliance with the standards of
Section 9-6.105.
(5) Other commercial vehicles may be allowed in residential zones where the
resident of the premises can show that:
(i) The site is of sufficient size to allow parking of the vehicle in the
buildable area of the site; and
(ii) The number of such vehicles is limited to a maximum of one; and
(iii) The vehicle can be maintained on the site in a manner which will
not be disturbing to nearby residents as a result of unsightly
City of Atascaderc
Ordinance No. 578
Page 20 of 28
appearance, excessive noise, or operation between 9:00 p.m. and
7:00 a.m.; and
(iv) The vehicle due to its size, length or weight will not damage streets
leading to the site beyond normal levels and will not create traffic
safety problems due to maneuvering necessary to enter and exit the
site; and
(v) There are no other suitable locations available to store the vehicle.
(c) Inoperative Vehicles. The storage or keeping of inoperative vehicles is subject to
the following.Nothing in this title shall be construed as preventing the abatement
of an inoperative vehicle which is found to be a nuisance:
(1) Vehicles Under Commercial Repair. The repair of vehicles is allowed only
in commercial or industrial zones as provided by Chapter 9-3, except for
repair of a personal vehicle by the vehicle owner on a site owned or rented
by the vehicle owner. The storage of inoperative vehicles in a commercial
or industrial zone for the purposes of repair, alteration,painting,
impoundment or temporary storage by a towing service is subject to
Section 9-6.168.
(2) Wrecked and Abandoned Vehicle Dismantling or Storage. Any area used
for the dismantling of inoperative vehicles or for the storage of wrecked or
abandoned vehicles not being dismantled or repaired is subject to Section
9-6.131.
(3) Automobiles Stored in Residential Areas. The storage of inoperative
vehicles in a residential zone is limited to one vehicle when stored
outdoors. Such storage may be located only where it is within the
buildable area of the site. Inoperative vehicles may be abated as set forth
in Chapter 9-8. Storage of such vehicles within an approved accessory
building(Section 9-6.106) is not subject to limitation on the number of
vehicles.
(d) Accessory Storage of Flammable and Combustible Liquids. The accessory storage
of flammable and combustible liquids is subject to the following standards:
(1) Limitations on Quantity. The quantity of flammable or combustible liquids
stored on a site shall be limited as follows:
(i) Residential Zones. Ten(10)gallons, unless authorized through
precise plan approval. Excluded from this requirement is the
storage of flammable liquids in the fuel tanks of self-propelled
vehicles,mobile power or heat generators or similar equipment and
the storage of paints,oils,varnishes or combustible mixtures when
such liquids are stored for maintenance,painting or similar
purposes. The storage of propane or other fuels which provide
energy to heat a residence is also excluded from this limitation,
when such storage is in tanks directly connected to the residence
for consumption or when the quantity is limited to a reasonable
reserve for personal use which is stored in an approved manner.
City of Atascadero
Ordinance No. Sag
Page 21 of 20
(ii) Agricultural, Commercial and Industrial Zones. Storage shall be
limited to the following quantities on any single building site,
unless greater quantities are authorized through conditional use
permit approval:
Type of Storage
Type of Liquid Above Ground Underground
Combustible 1,000 gallons Unlimited
Flammable 1;000 gallons 20,000 gallons
(2) Setbacks. Aboveground storage facilities for flammable or combustible
liquids shall be set back a minimum of fifty(50) feet from any property
line and from any residential use on the same property.
(3) Additional Standards.
(i) All storage of bulk flammable liquids shall be underground; except
as specified by subsection(d)(1)(i)of this section; except where a
refining or similar industrial use has been allowed in the CPK, IP
or I Zone; and except,where an automobile service station or other
approved vendor of flammable liquids stores such liquids for sale
in approved quantities and containers.
(ii) All aboveground storage of flammable andcombustible liquids
shall be within types of containers approved by the Fire
Department.
(iii) Access, circulation and emergency fire equipment requirements of
the Fire Department shall be provided or installed within thirty
(30) days where such need has been identified and posted by the
Fire Department.
(e) Recreational Vehicles in Residential Zones. The storage of recreational:vehicles
or dependent trailers or RV equipment(camper shells, etc.), airplanes, and boats
is permitted as an accessory use in the RSF, LSF,RMF, RS, or A Zones as
follows(the storage of recreational vehicles in other zones is subject to Section 9-
6.183;the storage of mobile homes is subject to Section 9-6.142(c)):
(1) Location of Storage. Recreational vehicles are not to be stored in the
required front setback area.
(2) Use. Recreational vehicles are not to be used for living, sleeping or
housekeeping purposes except as provided by Section 9-6.176.
(f) Scrap and Junk. The outdoor storage of scrap,junk and miscellaneous articles and
materials accessory to another use is limited to a maximum area of two hundred
(200) square feet, with a maximum height of five(5) feet unless such storage is
entirely within a six (6) foot high solid wood or masonry fence or within a
City of Atascadero
Ordinance No. 578
Page 22 of 28
building. Such storage shall be located only where it is within the buildable area
of the lot. The storage of scrap and junk as a principal use is subject to the
standards of Section 9-6.131. (Ord. 68 § 9-6.103, 1983)
(g) Cargo Containers. Cargo Containers(also referred to as"Seatrains" or shipping
containers) are defined as a prefabricated metal structure designed for use as an
enclosed truck trailer in accordance with Department of Transportation(DOT)
standards. The use of cargo containers for accessory storage purposes is permitted
based on the following standards:
(1) Use of Cargo Containers.
(i). Cargo Containers shall be utilized for accessory storage only.
Occupancy shall be limited to a"U" occupancy consistent with the
California Building Code(CBC)or its successor title.
(ii.) Cargo containers shall not be used for permanent or temporary
human occupancies, including but not limited to living, sleeping or
other residential uses.
(2) Number of Cargo Containers Permitted.
(i). One (1)cargo container may be permitted on a commercial, industrial
or single family residential lot over one (1) gross acre in size,
subject to Design Review Committee(DRC)review for
neighborhood compatibility and approval of a building permit.
(ii). Two (2)or more cargo containers may be permitted with a minor
Conditional Use Permit(CUP) on a commercial, industrial, or
single family residential lot over one (1) gross acre in.size, subject
to Planning Commission review for neighborhood compatibility
and approval of a building permit.
(3) Standards for Cargo Containers.
(i). Building Permit. A building permit is required for cargo containers
over 120 square feet in size.A cargo container which is a 120
square feet or less, is exempt from building permit requirements
provided it meets property line and structure setbacks required by
this title and does not have any utility connections.
(ii). Setbacks. Cargo containers shall be located in the rear half of the
property in commercial,industrial and residential zones. Cargo
containers shall not be permitted within the front or street facing
side yard setback of a residential property. Setbacks shall be
consistent with underlying zone setback requirements and is
consistent with the preceding subsections(1)and(2).
(iii). Foundation. Cargo containers shall be anchored on a foundation
system capable of withstanding all imposed vertical and horizontal
loads and consistent with all applicable codes. Any alterations to
the container shall be designed and detailed by a licensed design
professional. All foundations and alterations shall be approved by
the Chief Building Official.
City of Atascadero
Ordinance No. 578
Page 23 of 28
(iv). The cargo container my not occupy any required parking areas or
obstruct any fire department access ways.
(4) Exemptions.
(i). Use of cargo containers for temporary on-site storage associated
with a construction project is exempt from this section(refer to
section 9-6.103(a)).
(ii) Use of cargo containers for temporary commercial storage may be
allowed with the approval of an Administrative Use Permit for a
period not to exceed four(4) months.
9-3.1.105 Tree removal,
(a) Permit Required. Except as set forth in subsection(b) below, a tree removal
permit shall be required for the removal of any deciduous native tree two (2)
inches dbh or greater and four(4)inches dbh or greater for all other protected
native trees, and for pruning of more than twenty-five percent(25%) of the live
canopy in native trees. Any private or public entity doing regular maintenance in
the City may seek a blanket pruning permit that may be renewed on a yearly
basis.
(b) Exemptions. The following are exempt from the permit requirements of this
chapter:
(1) Emergency situations which cause hazardous or dangerous conditions that
have serious potential to cause immediate damage to persons or
improvements on real property. Such situations must be reported to the
City within forty-eight(48)hours;
(2) Trees planted, grown and maintained as part of a licensed nursery or tree
farm business;
(3) Tree pruning that affects less than twenty-five percent(25%) of a tree's
live canopy within one year's time. The pruning shall be done according
to current tree pruning standards as adopted by the International Society of
Arboriculture;
(4) Trees removed as part of an approved'Vee management plan";
(5) Single family residences in single family zoning districts where a
permanent dwelling exists and building or grading permits are not being
sought.
(6) Emergency septic system repair and/or replacement in a single family
zoning district,where a septic system has failed as determined by the City
Engineer and is considered a hazard to the health, safety, and welfare of
the homeowner and adjacent property owners.
(c) Application for Tree Removal.
(1) Early Consultation. All applicants are encouraged to consult with the
Community Development Department before site development that may
involve any tree removal. Early consultation shall be a factor used in
determining whether proposed improvements can be reasonably designed
to avoid the need for tree removal.
City of Atascadero
Ordinance No. 578
Page 24 of 28
(2) Content. The content of the tree removal application and permit shall be in
a form as established by the Community Development Director. The
applicant must provide the factual data to make the required finding(s) as
required in this chapter.
(3) Fees. Application fees shall be established by resolution of the City
Council. Fees shall not be required for applications for the removal of
dead or diseased trees, as defined in subsection(d)(2)(i)of this section.
(4) Arborist Report. When applicable by this chapter, the applicant is required
to submit a tree condition report prepared by an arborist selected and
retained by the City. The applicant shall reimburse the City for all costs
related to the preparation of the report.
(5) Posting. All native trees proposed for removal shall be identified by the
applicant for field inspection as set forth in.the Guidelines. When a tree
removal permit is issued,the City shall post a copy of the permit in City
Hall and the applicant will post a copy on-site for a public appeal period of
five(5)business days.
(d) Review and Approval.
(1) Authority. The Planning Commission shall make decisions regarding all
tree removal application requests involving trees twenty-four(24) inches
dbh or larger. All other tree removal application decisions will be made by
the Community Development Department.
(2) Required Findings. At least one of the following findings must be made in
order to approve a tree removal application:
(i) The tree is dead, diseased or injured beyond reclamation, as
certified by a tree condition report from an arborist;
(ii) The tree is crowded by other healthier native trees; thinning
(removal)would promote healthier growth in the txees to remain,
as certified by a tree condition report from an arborist;
(iii) The tree is interfering with existing utilities and/or structures, as
certified by a report from the site planner;
(iv) The tree is inhibiting sunlight needed for existing and/or proposed
active or passive solar heating or cooling, as certified by a report
from the site planner;
(v) The tree is obstructing proposed improvements that cannot be
reasonably designed to avoid the need for tree removal, as certified
by a report from the site planner and determined by the
Community Development Department based on the following
factors:
a. Early consultation with.the City,
b. Consideration of practical design alternatives,
C. Provision of cost comparisons(from applicant)for practical
design alternatives,
d. if saving tree eliminates all reasonable use of the property,
or
City of Atascadero
Ordinance No. 578
Fuge 25 of 28
e. If saving the tree requires the removal of more desirable
trees.
(3) Evaluative Criteria for Tree Removal. The following criteria will.be
considered when evaluating each tree removal application:
(i) The potential effect that tree removal could have on topography,
knowing that hilltops,ravines, streambeds and other natural
watercourses are more environmentally sensitive than flat or gentle
sloping lands;
(ii) The potential effect that tree removal could have on soil retention
and erosion from increased flow of surface waters;
(iii) The potential effect that tree removal could have on the ambient
and future noise level;
(iv) The potential effect that tree removal could have on the ability of
existing vegetation to reduce air movement and wind velocity;
(v) The potential effect that tree removal could have on significantly
reducing available wildlife habitat or result in the displacement of
desirable species;
(vi) Aesthetics;
(vii) The number, size, species,condition and location of trees to be
removed;
(viii) The special need to protect existing blue and valley oaks because
of regeneration problems;
(ix) The cumulative environmental effects of tree removal.
(4) Conditions of Approval. Tree removal permits shall be conditioned by one
or more of the following methods:
(i) Depending on the characteristics of the site the applicant may plant
replacement trees on site. This method shall include payment in
advance for three (3) site inspections during a four(4) year
establishment period;
(ii) Payment of fee to the Tree Replacement Fund;
(iii) Establishment of conservation easements, which will restrict
removal of any tree within a designated area of the property. (Ord.
350 § 2, 1998)
City of Atascadero
Ordinance No. 578
Page 26 of 28
SECTION 2.: 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.
EXHIBIT A: Categorical Exemption
INTRODUCED at a regular meeting of the City Council held on November 12, 2013, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
December 10,2013, by the following roll call vote:
AYES: Council Members Fonzi, Kelley and Moreno, Mayor Pro Tem Sturtevant and
Mayor O'Malley
NOES: None
ABSTAIN: None
ABSENT: None
CIT F SCADERO
Tom O'M lle}> ayor
ATTEST:
Marcia McClure Torgerson, C.M.C., Cit Q lerk
APPROVED A FORM:
Brian fferik, Ci Attorney
City of Atascadero
Ordinance No. 578
Page 27 of 28
EXHIBIT A- Categorical Exemption
PLM 2013-1462 1 ZCH 2N3-0166
Title 9 Zoning Ordinance Text Amendments
If
CITY OF ATASCADERO
NOTICE OFENEMP770N
&500�1,)31Ma:Avcn= Atascadero,CA 93422 805.461.5000
TO. vile
FROM city of Atascadero
Conlin
DovelopmentNpartnient
6500=-Mr6nue
Atascadere,CA 93422
SUBJECT: Flkng-00ofic"f DderminaticotriCompUarim with CEQ-k.S"ons IM61and TWZ
PriciiectTkIe
ZONING ORDINANCE CODE MYTAMEADMENT
Proiect Location(Include CountA
Citywide;Arascadero,CA 93422(&?nLuzs Obispo County)
Project DescNodon
YYVS action 00774jS1$qfpkopbsed 26nind-0dhtdno.e. Text knendnients To Tithe'9 Plannij7g and Zonil2k
Code to.ihof6UofWi?g SeCtOns:-
0 residenbW uses mi .the CM-19,zone',as oondifionilly allpv4 um.,
0 Ainkaidsebfi.oh 04-10-610fit setback standard.s to 4ov exceptions with DRC.approval;
• Amend section 941d.28 teheing. and to allow fence height exceptions with DRC
approval and allow fences up to four(1)feet in height Within the frontsetback of pArceis less than
one(1)-a.cre in size,
• Amend section 9-4,139*through 9-4.154.Grading add drainage standards'for consistency with
SiateNsf Construtlion Stormwater regulations;
• Amend section 9-4.160 Stwig,to allow*fmniage improvement exceptions.forcertain residential
projects and clarification ofirnproVentonts;
• Amend section;.
• Amend section 9-6.103 to allow f6r catgo containers as accessory structures with.issuance of a
• Amend section'9-11-105., eXerriptnig 60W.gericy septic system repairs ficm,lbO Nkfi* Ttoe,
Ordinance.
City of Atascadero
Ordinance No. 578
Page 28 of 28
MY OF ATASCADERO
NOTICE OF EX EMPHON
Page 2 of 2
Name of Public Agency Approving Proiect
City qfAtascadero
Flame of Pe
,rsSM or Aggemw CmMnp-Out Project
Community Develqpmeyd Ihpartmqg,00)qfkascadero
Exempt,Status:
Reasons why project is exempt.
I'lle Califirnilt Enviroinnental Quality Act(PEQA)(Sedion 1506 i.(3Xb)Review for Exemption exempts
activities which are covered by the general rule that CEQA applies only to projects, Ii
. W1 4Dh halve the
potential for causing a significant effect ca the environment
Date: October 4,2013
Alfredo R.Castillo,AICD
Assistant Planner.
P46 2 of:2