HomeMy WebLinkAboutPC_2026-05-05_AgendaPacket CITY OF ATASCADERO PLANNING COMMISSION AGENDA
MEETING INFORMATION:
The Planning Commission meeting will be held in the City Council Chambers and in-person attendance will be
available at that location.
HOW TO OBSERVE THE MEETING REMOTELY:
To observe remotely, residents can livestream the meeting on Zoom. The video recording of the meeting will be
available through the City’s website and on the City’s YouTube Channel. To observe remotely using the Zoom platform
please visit:
https://us02web.zoom.us/j/83250238111
HOW TO SUBMIT PUBLIC COMMENT:
Public comment may be provided in-person.
Written public comments are accepted at pc-comments@atascadero.org. Comments should identify the Agenda Item
Number in the subject line of the email. Such comments will be forwarded to the Planning Commission and made a part
of the administrative record. To ensure distribution to the Planning Commission before consideration of an item,
please submit comments not later than 12:00 p.m. the day of the meeting. All correspondence will be distributed to the
Planning Commission, posted on the City’s website, and be made part of the official public record of the meeting. Please
note, comments will not be read into the record. Please be aware that communications sent to the Planning Commission
are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt
from disclosure under applicable law. Communications will not be edited for redactions and will be printed/posted as
submitted.
AMERICANS WITH DISABILITIES ACT ACCOMMODATIONS:
Any member of the public who needs accommodations should contact the City Clerk’s Office at
cityclerk@atascadero.org or by calling 805-470-3400 at least 48 hours prior to the meeting or time when
services are needed. The City will use their best efforts to provide reasonable accommodations to afford as
much accessibility as possible while also maintaining public safety in accordance with the City procedure for
resolving reasonable accommodation requests.
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS:
California Government Code section 84308 (“Levine Act”) requires a party to or participant in a proceeding
involving a license, permit, or other entitlement, including all contracts other than competitively bid, labor, or
personal employment contracts, to disclose any contribution of more than $500 that the party or participant (or
their agent) has made to a member of the Planning Commission within the prior 12 months. The Planning
Commission Member(s) who receive such a contribution are disqualified and not able to participate in the
proceedings and are also required to disclose that fact for the official record of the subject
proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient
Planning Commission Member and may be made either in writing to the City Clerk before the agenda item or
by verbal disclosure during consideration. The Levine Act also prohibits, during the proceeding and for 12
months following a final decision, a party to or participant in (or their agent) a proceeding involving a license,
permit, or other entitlement, including all contracts other than competitively bid, labor, or personal employment
contracts, from making a contribution of more than $500 to any member of the Planning Commission or anyone
running for City Council.
Planning Commission agendas and minutes may be viewed on the City's website:
www.atascadero.org/agendas
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda
are on file in the office of the Community Development Department and are available for public inspection on
our website, www.atascadero.org. Resolutions will be allocated a number once they are approved by the
Planning Commission. The Minutes of this meeting will reflect these numbers. All documents submitted by
the public during Commission meetings that are made a part of the record or referred to in their statement will
be noted in the Minutes and available for review by contacting the Community Development Department. All
documents will be available for public inspection by appointment during City Hall business hours.
CITY OF ATASCADERO
PLANNING COMMISSION
AGENDA
Tuesday, May 5, 2026, 6:00 p.m.
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
Pages
A.CALL TO ORDER
1.Pledge of Allegiance
B.ROLL CALL
Chairperson Anderson
Vice Chairperson Pennachio
Commissioner Ferrell
Commissioner Heath
Commissioner Jones
Commissioner Keen
Commissioner O'Malley
C.PUBLIC COMMENT
(This portion of the meeting is reserved for persons wishing to address the
Commission on any matter not on this agenda and over which the Commission
has jurisdiction. Speakers are limited to three minutes. Please state your name
for the record before making your presentation. The Commission may take
action to direct the staff to place a matter of business on a future agenda.)
D.CONSENT CALENDAR
(All items on the Consent Calendar are considered to be routine and non-
controversial by City staff and will be approved by one motion if no member of
the Commission or public wishes to comment or ask questions.)
1.Draft Minutes Planning Commission 4-21-26 3
Recommendation: Planning Commission approve the April 21, 2026
Minutes.
E.PLANNING COMMISSION BUSINESS
None
F.COMMUNITY DEVELOPMENT STAFF REPORTS
1.Zoning Code Update - Commercial Zones and Uses 6
Recommendation: Planning Commission receive information on specific
land uses and development standards for commercial zoning districts.
G.PUBLIC HEARINGS
(For each of the following items, the public will be given an opportunity to speak.
After a staff report, the Chair will open the public hearing and invite the applicant
or applicant’s representative to make any comments. Members of the public will
be invited to provide testimony to the Commission following the applicant.
Speakers should state their name for the record and can address the
Commission for three minutes. After all public comments have been received,
the public hearing will be closed, and the Commission will discuss the item and
take appropriate action(s).
1.Appeal of Nonconforming Use Determination for 4990 Traffic Way
(APL26-0020)
36
Recommendation: Planning Commission adopt Draft Resolution A
denying the appeal and upholding staff’s determination that the right to
continue the previous non-conforming Outdoor Vehicle and Equipment
Storage Use at 4990 Traffic Way (APN 028-102-002) has expired per the
Atascadero Municipal Code Chapter 9-7.
H.COMMISSIONER COMMENTS AND REPORTS
On their own initiative, Commissioners may make a brief announcement or a
brief report on their own activities.
I.DIRECTOR'S REPORT
J.ADJOURNMENT
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PC 5/5/2026 | Item D1
PC Draft Minutes of 4/21/2026
Page 1 of 3
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
April 21, 2026, 6:00 p.m.
City Hall Council Chambers, Fourth Floor
6500 Palma Avenue, Atascadero, California
_____________________________________________________________________
A. CALL TO ORDER
Chairperson Anderson called the meeting to order at 6:00 P.M.
1. Pledge of Allegiance
Commissioner Ferrell led the Pledge of Allegiance.
B. ROLL CALL
Chairperson Anderson
Vice Chairperson Pennachio
Commissioner Ferrell
Commissioner Heath
Commissioner Jones
Commissioner Keen
Commissioner O'Malley
Present: Chairperson Anderson, Vice Chairperson Pennachio, Commissioners
Ferrell, Jones, O'Malley
Absent: Commissioners Heath and Keen
Staff Present: Community Development Director Phil Dunsmore, Planning
Manager Kelly Gleason, Recording Secretary Crystal Horn
C. PUBLIC COMMENT
Chairperson Anderson opened the Public Comment period.
The following person spoke on this item: None
Chairperson Anderson closed the Public Comment period.
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PC 5/5/2026 | Item D1
PC Draft Minutes of 4/21/2026
Page 2 of 3
D. CONSENT CALENDAR
Chairperson Anderson opened the Public Comment period.
The following person spoke on this item: None
Chairperson Anderson closed the Public Comment period.
1. Draft Minutes Planning Commission 3-17-26
Recommendation: Planning Commission approve the March 17, 2026
Minutes.
MOTION BY: Commissioner Jones
SECOND BY: Commissioner Ferrell
AYES (5): Chairperson Anderson, Vice Chairperson Pennachio,
Commissioner O'Malley, Commissioner Jones, and Commissioner Ferrell
ABSENT (2): Commissioner Keen, and Commissioner Heath
Motion Passed (5 to 0)
E. PLANNING COMMISSION BUSINESS
None
F. COMMUNITY DEVELOPMENT STAFF REPORTS
1. Zoning Code Update-Mixed-Use Zones and Standards
Recommendation: Planning Commission receive an update on the Zoning
Code Update project and receive information about next steps.
Community Development Director Dunsmore introduced the item and he
and Planning Manager Gleason presented information on Zones MU1,
MU2, and MU4.
Commissioner Jones declared a potential conflict of interest on Zone MU3
due to owning property in this mixed-use zoned area, recused himself
from the discussion on Zone MU3, and left the dais at 6:31 pm for the
remainder of the meeting.
G. PUBLIC HEARINGS
Ex Parte: None
Chairperson Anderson opened the Public Comment period.
The following person spoke on this item: None
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PC Draft Minutes of 4/21/2026
Page 3 of 3
Chairperson Anderson closed the Public Comment period.
H. COMMISSIONER COMMENTS AND REPORTS
None
I. DIRECTOR'S REPORT
Community Development Director Dunsmore provided an update on current
projects and events.
J. ADJOURNMENT
Chairperson Anderson adjourned the meeting at 6:58 PM
MINUTES PREPARED BY:
____________________________
Crystal Horn, Recording Secretary
Administrative Assistant
APPROVED:
Page 5 of 79
CITY OF ATASCADERO
PLANNING COMMISSION STAFF REPORT Item F1
TO: PHIL DUNSMORE, COMMUNITY DEVELOPMENT DIRECTOR
FROM: KELLY GLEASON, PLANNING MANAGER
PREPARED BY: KELLY GLEASON, PLANNING MANAGER
SUBJECT: Zoning Code Update – Commercial Zones and Uses
RECOMMENDATION:
Planning Commission receive information on specific land uses and development standards for
commercial zoning districts.
BACKGROUND:
The new General Plan includes five commercial Placetypes (land use districts) which would be
implemented by multiple zoning districts. These include the following Placetypes: Mixed Use,
Downtown Mixed Use, Commercial, Industrial, and Innovation/Flex. This discussion focuses on
the remaining commercial Placetypes, primarily focusing on what is allowed in each district and
suggested refinements to the land use definitions.
DISCUSSION:
Commercial Placetypes in the new General Plan include Commercial, Innovation/Flex, and
Industrial designations. The Placetypes were established to simplify, reimagine, and support
economic growth and development within key areas focusing on retail synergy, placemaking,
resident serving areas, and quality job growth.
Each Placetype corresponds to a zoning district or districts that provide opportunities for land
uses that support and grow the uses envisioned for each area.
Placetype: Zoning District
Commercial:
o Commercial (C)
o Commercial Service (CS)
Innovation/Flex: Commercial Innovation (CI)
Industrial: Industrial (I)
Department: Community
Development
Date: 05/05/2026
Placement: Management
Report
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05/05/26 | Item F1 | Staff Report
Each zone will accommodate a slightly different mix of uses informed by the General Plan
Placetypes. The land use definitions in the new Zoning Code respond to current trends and
nomenclature. Definitions are consolidated where there is overlap and dissected where size and
scale call for differentiation. A map of the commercial zoning districts is included as Attachment
1.
LAND USE DEFINITIONS:
The land use definitions listed in the current Zoning Code have been updated periodically to
respond to State laws and emerging trends. However, the comprehensive Zoning Code Update
project aligns the definitions with the new General Plan Placetypes, marrying future land uses
with the vision for each zoning district while recognizing the pattern of existing land uses.
The main objectives of updates to this section are to:
Combine duplicative definitions
Modify definitions to respond to size, scale, or use
Add new definitions that match General Plan Placetypes
The draft land use definitions are shown in Attachment 2. Specific changes of note include:
Clearly defining agricultural uses including hobby or agricultural accessory uses in as
allowed in residential zones.
Separating Car Washes from Vehicle Repair and Services
Separating out Kennels, Veterinary Services, and Grooming with specific attention to on-
site overnight boarding and animal enclosures that are inside of a building or exterior
Adding a definition for a commercial or “Commissary” kitchen
Separation of Amusement Services which currently include yoga studios, bowling alleys,
and gyms.
Aligning Care Facility and Low-Barrier Navigation Center definitions with current State law
Separating definitions for medical clinics and standard doctor’s offices
Adding definitions for horizontal and vertical mixed-use
Clarifying differences between small and larger recycling facilities.
Creating a separate definition for Tattoo Artists and Body Piercing Services.
Adding a definition for showrooms
Clearly defined land uses will assist business owners and the public in determining where certain
types of businesses can locate. In addition, acknowledging the nuance between certain
businesses and identifying scale in determining use compatibility will allow the City to better align
the zoning districts and land use tables. These updates are designed to spur economic
development while responding to existing land uses and trends.
COMMERCIAL ZONING DISTRICTS:
The zoning districts build on the foundation of the Placetypes identified in the General Plan and
further refine uses and development standards. The following list identifies each zoning district
and provides an excerpt from the General Plan related to the vision for each area.
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Commercial (C): Key Nodes focused along El Camino Real.
Commercial uses include regional- and local-serving retail, restaurants, office, tourist, and
service businesses with easy access to and from residential neighborhoods. Development
is characterized by single-use commercial buildings, multi-tenant shopping centers, and
office buildings. Commercial tenants may include businesses targeted toward visitors to
Atascadero, such as breweries, distilleries, and recreation hubs.
Commercial Service (CS): El Camino Real south of Curbaril and South of San Anselmo.
The Commercial Service zoning district is similar to the Commercial zoning district but
would allow for more vehicle related service businesses and uses that may require some
level of outdoor use areas.
Commercial Innovation (CI): El Camino Real north of San Anselmo and Del Rio; South of
Morro Road to Santa Rosa.
The Innovation/Flex Placetype relates to one zoning district, the Commercial Innovation
(CI) zoning district, which is intended to promote opportunities for startup businesses and
head-of household jobs and provide spaces that can be adaptable to a variety of
compatible uses as workforce trends evolve. This zoning district should attract
concentrations of production, design, and maker-space businesses as well as uses that
support those businesses and the people that work there. Uses with outdoor storage are
not permitted except in appropriate locations and limited quantities, and all subject to
discretionary review.
Industrial (I): Traffic Way and Sycamore Road.
Industrial uses typically include heavy and moderately intense manufacturing,
distribution, and vehicle-related uses. Development consists of varying-sized industrial
buildings, either as standalone businesses or as part of an integrated development. These
areas are intended to support industry that contributes to the fiscal health of the City.
LAND USE TABLES
The Land Use Table identifies which uses are Allowed (A) or Conditionally Allowed (AUP or CUP).
If a column is blank, the applicable use is not allowed. A full list of the proposed Land Use Table
is included in Attachment 3.
COMMERCIAL INNOVATION DEVELOPMENT STANDARDS
The new Commercial Innovation (CI) Zoning District is envisioned to become the City’s job and
production center. Very similar to the existing Commercial Park Zone, this District is also
envisioned to accommodate some types of resident and visitor serving uses such as winemaking,
breweries, coffee roasting, and similar businesses. To achieve this vision, future development
needs to provide for tenant spaces that can accommodate a variety of uses and respond to
business trends over time. Generally, this means taller ceilings and opportunities for roll-up door
spaces. Development standards beyond the typical setback requirements are proposed for this
zone. Standards are proposed as follows:
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Development Standard CI Zoning District
Minimum Lot Size 2 acres
Maximum Height 35 ft
Minimum Front Setback As needed to accommodate street tree setbacks
Minimum Side/Rear Setbacks None required except transitions to adjacent single-family
zoning district (existing standard) and 10 ft setback if
adjacent to multi-family zoning district (proposed).
Fences and Storage No fences allowed within 10 ft of the primary public street
frontage property line.
Outdoor storage limited to 10% of the floor area of the
principal building and must be located greater than 50 ft
from the primary public street frontage property line and 20
ft from any secondary street frontage property line.
Floor to Ceiling Ground Floor
Height
16 ft
Building Façade – Parking
lot/loading aisle facing
Storefronts/Access Bays wide enough to accommodate 12
ft x 12 ft roll-up doors required
Design requirements may be met with:
• Roll-up doors
• Sliding industrial doors or large operable storefront
systems
• Adequate framing and clear space to accommodate
a 12x12 roll-up door in the future
Must provide direct access to interior floor area
Minimum 1 storefront/access bay every 40 ft
Public Street Frontage Primary public street frontage must include transparent
openings (e.g., transparent doors, windows, glazed roll-up
doors) that constitute a minimum of 20% of the building
façade area
These design standards are intended to generate flexible use spaces that maintain visual
screening and pedestrian orientation along the street frontages with flexibility to accommodate
light-industrial spaces and equipment with some storage farther into the site. Implementation of
design standards will result in buildings that can be flexible to uses over time and respond to
market trends and tenant needs with a focus on the ability to accommodate light industrial,
artisan production, research and development, and light manufacturing.
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NEXT STEPS
Staff will refine and integrate standards and uses into the updated zoning code. The next zoning
code update check-in will be a comprehensive look at all code changes and review of any
outstanding changes of note from the previous discussions. These topics are scheduled for
Planning Commission and City Council review in June. This will present another opportunity for
review and feedback prior to the formal adoption process.
CONCLUSION
Reimagining the commercial zoning districts in alignment with new Placetypes identified in the
General Plan provides an opportunity to refine land uses and ensure that the vision outlined in
the General Plan is implemented. Land Use definitions that respond to emerging trends, local
historical land uses, and State laws are key to supporting economic goals. Establishing a clear
framework for staff and decision makers will provide clarity to applicants and the community and
identify the components needed to achieve the City’s land use and economic goals. Staff is
seeking general input from the Planning Commission and public on these portions of the zoning
code.
REVIEWED BY OTHERS:
This item has been reviewed by the Community Development Director, the Administrative
Services Director, and the City Attorney.
REVIEWED AND APPROVED FOR PLANNING COMMISSION AGENDA
Phil Dunsmore, Community Development Director
ATTACHMENTS:
1. Commercial Land Use Map
2. Proposed Land Use Definitions
3. Proposed Land Use Tables
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Proposed Commercial Districts
Urban Services Boundary
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1
Chapter 8: Definitions
CHAPTER 8. DEFINITIONS
ARTICLE 04 – LAND USE DEFINITIONS
9-8.04.010 – Land Use Definitions
This Article contains descriptions of the types of land uses that can be established in the various zoning districts. The
descriptions 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. See Section 9-
1.04.020(e) (Interpretations of Allowable Uses).
9-8.04.020 “A” Definitions
Accessory Dwelling Unit. Dwelling unit accessory to a primary dwelling unit with complete kitchen and bathroom for
one or more persons regulated by California Government Code Sections 66310 – 66342 and Article 9-4.02 (Accessory
Dwelling Units). See Article 9-4.02 (Accessory Dwelling Units) for use standards specific to this use.
Accessory Storage. The indoor or outdoor storage of various materials on the same site as a principal building or
land use which is other than storage, which supports the activities or conduct of the principal use. Outdoor accessory
storage is further regulated by Article 9-4.60 (Storage-Accessory), including a limitation on size.
Adult Oriented Business. Any business defined by Section 5-10.102 (Definitions) of Title 5, or Section 9-4.06.020
(Adult-Oriented Businesses) of this Title as an adult business, or any massage parlor (excluding State-licensed
massage therapy), sexual encounter establishment, or nude model studio. "Adult-oriented business" does not include
those uses or activities, the regulation of which is preempted by State law. See Article 9-4.06 (Adult Business Uses)
for use standards specific to this use.
Agricultural Processing – Large Scale. The large scale processing of agriculture products subsequent to their
harvest, with the intent of preparing them for market or further processing including: alfalfa cubing; hay baling and
cubing; corn shelling; drying of corn, rice, hay, fruits and vegetables; grain cleaning and custom grinding; custom grist
mills; custom milling of flour, feed and grain; sorting, grading and packaging of fruits and vegetables; tree nut hulling
and shelling; cotton ginning. This use classification excludes “Winery – Boutique,” “Winery – Production,” “Brewery –
Production,” and “Brewery – Micro-Brewery/Brewpub,” which are defined separately. This does not include the growing,
harvesting, and production of marijuana, or legally approved uses of marijuana by either the State of California or
Federal Government. Outdoor accessory storage is further regulated by Article 9-4.60 (Storage-Accessory), including
a limitation on size.
Agriculture – Accessory Use. Small-scale and/or hobby agricultural activities incidental to the primary residential use
of the property. Includes the keeping, feeding, or grazing of animals as an avocation, hobby, or school project,
subordinate to the principal residential use of a property, includes species commonly considered as farm animals as
well as exotic species, but does not include household pets. This includes the raising or feeding of animals as regulated
under Section 9-4.08.030 (Farm Animal Raising). This does not include uses defined as "Livestock Specialties." See
Article 9-4.08 (Agricultural Uses) for use standards specific to this use.
Agriculture – Primary Use. The tilling of soil, the raising of crops, horticulture, farm animal raising, and related uses
as a primary use. Does not include farm animal raising for those animals defined as "Livestock Specialties." See also
“Horticulture Specialties.” See Article 9-4.08 (Agricultural Uses) for use standards specific to this use.
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2
Chapter 8: Definitions
Agricultural Produce Stand. Open structure for the retail sale of agricultural products (except hay, grain, and feed
sales which are included under "Farm Equipment and Supplies"), which are grown on the site in residential or
agriculture zoning districts. This use does not include ”Farmers' Market” or seasonal sales located in nonresidential
zoning districts, defined under "Temporary or Seasonal Retail Sales.” See Section 9-4.08.060 (Agricultural Produce
Stands) for use standards specific to this use.
Agriculture Employee Housing – Small. Single-family dwelling, or similar other lodging accommodations provided
as a part of farming operations, for employee housing per Section 17021.5 of the California Health and Safety Code
for six or fewer employees, for employees on land owned by the owner of the building site on which the lodging is
located. See Employee Housing Act, Sections 17000 et seq. of the California Health and Safety Code.
Agriculture Employee Housing – Large. Lodging accommodations provided as a part of farming operations, per
Section 17021.6 of the California Health and Safety Code consisting of no more than 36 beds in a group quarters or
12 units or spaces designed for use by a single family or household, for employees on land owned by the owner of the
building site on which the lodging is located.
Animal Care Services - Grooming. The commercial provision of bathing and trimming services for dogs, cats, and
other household animals permitted by the Municipal Code. Overnight boarding is not included with this use (see "Animal
Care Services – Kennel").
Animal Care Services - Kennel. The commercial provision of shelter/kenneling for four or more dogs or cats (four
months of age or older) or other household animals, including activities associated with such shelter (e.g., feeding,
exercising, grooming, and incidental medical care) and the keeping of such animals for sale or for commercial breeding.
Does not include dogs and cats kept for noncommercial purposes. See Article 9-4.10 (Animal Services – Kennels and
Veterinarians) for use standards specific to this use.
Animal Care Services - Veterinarian. Establishment where animals receive medical and surgical treatment and may
be temporarily boarded (more than one-night stay) in association with such medical or surgical treatment. Short-term
animal boarding may be provided as an accessory use. See Article 9-4.10 (Animal Services – Kennels and
Veterinarians) for use standards specific to this use.
Artisan Foods and Products. See “Manufacturing and Processing – Artisan.”
Assembly – Public and Entertainment. Facility for public assembly and group entertainment such as: community
centers, banquet centers, public and semi-public auditoriums; exhibition and convention halls; civic theaters and
meeting halls; motion picture theaters; legitimate theater facilities for live theatrical presentations or concerts by bands
and orchestras; comedy clubs, amphitheaters; meeting and banquet halls for rent and similar public assembly uses.
See Article 9-4.12 (Assembly Uses) for use standards specific to this use.
Assembly – Religious Facility. Religious facility specifically designed and used to accommodate the gathering of
persons for the purposes of fellowship, worship, or similar conduct of religious practices and activities, including
accessory us of religious teaching/learning (e.g., Sunday school). This definition includes functionally related internal
facilities (i.e., kitchens, multi-purpose rooms, storage, etc.) and residences for clergy. Other establishments maintained
by religious organizations, such as educational institutions, hospitals, and other operations that may be considered
commercial in nature if not run by the religious organization (such as a recreational camp) are classified according to
their respective activities. See Article 9-4.12 (Assembly Uses) for use standards specific to this use.
Assembly – Sports Facility. Facility for spectator-oriented specialized group sports assembly that includes but is not
limited to: stadiums and coliseums; arenas and field houses; race tracks (auto and animals); motorcycle racing and
drag strips; and other sports that are considered commercial. See Article 9-4.12 (Assembly Uses) for use standards
specific to this use.
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3
Chapter 8: Definitions
Auto Repair. See “Vehicle Services and Repair.”
9-8.04.030 “B” Definitions
Bar/Tavern. Establishment where alcoholic beverages are sold for on-site consumption, which is not part of a larger
restaurant. Includes bars, taverns, pubs, night clubs, and similar establishments where any food service is subordinate
to the sale of alcoholic beverages. This use does not include ”Adult-Oriented Businesses,” “Brewery - Micro-
Brewery/Brewpub,” or “Tasting Room.”
Bed and Breakfast. See “Lodging – Bed and Breakfast.”
Boarding, Animal. See “Animal Care Services – Kennel.”
Brewery – Production. An establishment that produces ales, beers, meads, hard ciders, and/or similar beverages,
and distilled spirits on site. Production breweries are classified as a use that requires either a Type 01 (Beer
Manufacture) or Type 04 (Distilled Spirits Manufacturer) licensure from Alcohol, Beverage Control (ABC). Breweries
may also serve beverages on site and sell beverages for off-site consumption in keeping with the regulations of the
Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF).
Brewery – Micro-Brewery/Brewpub. An establishment that produces ales, beers, meads, hard ciders/and or similar
beverages, and distilled spirits, to serve on site. Sale of beverages for off-site consumption is also permitted consistent
with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF). Food
service for on-site consumption is allowed as an accessory use. Brewpubs and microbreweries are considered small
operations consistent with ABC license Type 23, 40, or 42 or State similar licensures. This use category also includes
craft distilleries consistent with ABC license Type 74.
Broadcasting Studio. An establishment for commercial and public communications use including radio, television
broadcasting and receiving stations, and one or more studios with facilities entirely within buildings. Does not include
antennas and towers, which are defined under "Wireless Telecommunications Facility.”
Building Materials and Hardware Sales. Retail trade establishment primarily engaged in the sale of lumber, building
materials, tools, appurtenances, and decorator items (including hardware, electrical, or building supplies, tools and
equipment, plants and garden products, patio furniture, swimming pools, spas, and hot tubs, lighting fixtures and
cabinets, paint, carpeting, floor coverings or wallpaper). All merchandise other than plants is kept within an enclosed
building or fully screened enclosure and fertilizer, soil, and soil amendments are stored and sold in package form only.
Tools may be available for rent. Includes all such stores selling to the general public, even if sales to contractors
account for a larger proportion of total sales. This use does not include establishments that primary offer exhibition
space to show products, which are classified as “Showroom,” or establishments primarily selling plumbing, heating,
and air conditioning equipment and electrical supplies, which are classified as "Contract Construction Services.” See
Section 9-4.42.040 (Building Materials Sales Standards) for use standards specific to this use.
Business Support Services. An establishment or business located entirely within a building providing goods and
services to other businesses and individuals on a fee or contract basis, including printing and copying, advertising and
mailing, office equipment rental and leasing, office security, custodial services, and photo finishing, including
associated delivery services with two or fewer fleet vehicles on-site.
9-8.04.040 “C” Definitions
Car Wash. Washing, waxing, detailing, or cleaning of automobiles or similar light vehicles, including self-serve washing
facilities as a primary use. See Article 9-4.74 (Vehicle Repair and Car Washes) for use standards specific to this use.
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
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Chapter 8: Definitions
needed for security purposes or to provide 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
"Agriculture Employee Housing." See Article 9-4.16 (Caretaker Residence) for use standards specific to this use.
Childcare Center. See “Day Care Facility.”
Cemetery. Interment establishments engaged in subdividing property into cemetery lots and offering burial plots or air
space for sale. Includes animal cemeteries and cemetery, mausoleum, and columbarium operations. This use does
not include funeral parlor and related facilities which are classified as "Mortuary Services."
Churches. See “Assembly - Religious Facility.”
Commercial Kitchen. A commercial kitchen is defined as a kitchen facility used for cooking and preparing food to be
primarily served and consumed off-site. This definition includes multi-tenant shared kitchen facilities, order fulfillment
kitchens, commissary kitchens, and catering kitchen facilities. The following uses are allowed when accessory to the
kitchen facility: research and teaching facilities, commercial food processing, and order fulfillment pick-up lobbies. This
use does not include eating establishments where customers are served at tables, from a walk-up ordering counter, or
drive-through for either on- or off-premises consumption (see “Eating and Drinking Establishment”).
Commercial Recreation/Entertainment - Indoor. Establishment providing indoor amusement and entertainment
services where visitors are participant actors rather than spectators, including examples such as ax-throwing
establishments; bowling alleys; coin-operated or electronic game arcades (video games, pinball, etc.); billiard and pool
halls; dance halls, clubs and ballrooms; ice skating and roller skating, karaoke lounges, and trampoline and bounce
house establishments. This classification may include snack bars and other incidental food and beverage services to
patrons. Bars or restaurants with alcohol sales are treated as a separate use and regulated accordingly, even when
operated in conjunction with the commercial recreation/entertainment use.
Commercial Recreation/Entertainment - Outdoor. Establishment providing permanent outdoor amusement and
entertainment services for a fee or admission charge, including amusement parks, golf courses, miniature golf courses,
driving ranges, go-cart courses, outdoor tennis courts, outdoor pools, and waterslides. Does not include “Rural
Recreation and Camping,” “Recreational Vehicle Park,” or “Public Parks and Recreation Facility,” which are defined
separately. See Article 9-4.44 (Outdoor Recreational Facilities) for use standards specific to this use.
Contract Construction Services – Indoor. Office uses with or without indoor storage facilities operated by, or on
behalf of, a building contractor, exterminator, janitorial service or similar. Can include the indoor storage of materials
used for repair and maintenance of contractor's own equipment and for use by the contractor. All uses must be located
within an approved, permitted building. Incidental outdoor storage of construction related vehicles, fleet, or accessory
storage (other than an approved parking lot for employees or fleet vehicles) is regulated by Section 9-4.60 (Storage-
Accessory), including a limitation on size.
Contract Construction Services – Outdoor. Office uses with outdoor facilities operated by, or on behalf of, a building
contractor, exterminator, janitorial service, or similar. Outdoor uses may include storage of large equipment, vehicles,
and/or other materials commonly used in the individual contractor's type of business and can include the storage of
materials used for repair and maintenance of contractor's own equipment. May also include accessory buildings or
structures for uses by the contractor. An on-site office building is required. All applicable development standards for
this use and for outdoor storage uses must be met. See Article 9-4.42 (Outdoor Sales and Storage) for use standards
specific to this use.
Composting – Green Waste Facility. A solid waste facility that utilizes a controlled biological process of degrading
non-hazardous solid waste. A facility may include materials processing and hauling equipment; structures to control
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drainage; and structures to collect and treat leachate; and storage areas for the incoming waste, the final products,
and residual materials.
9-8.04.050 “D” Definitions
Data and Computer Services Center. A use where the majority of the space is occupied by computers and/or related
equipment and where information is processed, transferred, and/or stored (also commonly referred to as "server
farms.)" Data and computer services/centers may contain data technology centers, internet service providers (ISPs),
network operation centers, web hosting facilities and other similar establishments primarily engaged in providing direct
access through telecommunication networks to computer-held information.
Day Care Center. Establishments providing non-medical care for persons on a less than 24-hour basis other than "Day
Care – Family Day Care Home." This classification includes nursery schools, preschools, and day care facilities for
children or adults, and any other day care facility licensed by the State of California. Such use must comply with all
applicable State regulations, and specifically those set forth in the California Health and Safety Code commencing with
Section 1596.70, to be considered a general day care facility. See Article 9-4.18 (Day Care) for use standards specific
to this use.
Day Care – Family Day Care Home. A day-care facility for children under the age of eighteen for periods of fewer
than twenty-four hours a day licensed by the state, which is located in a dwelling unit, where a resident of the dwelling
provides care and supervision for fourteen or fewer children (or capacity limits as set forth by the state, including
children who reside at the home and are under the age of ten. See Health and Safety Code Section 1596.78.
Distilleries. See “Brewery – Production” and “Brewery – Micro-Brewery/Brewpub.”
Drive-Through Sales or Services. An establishment that sells products or provides services to occupants in vehicles
without leaving their vehicles, including drive-in or drive-up windows and drive-through services. Examples of drive-
through sales facilities include fast-food restaurants, drive-through coffee, photo-stores, pharmacies, banks, etc.
Examples of drive-through service facilities include drive-through bank teller windows, automated teller machines
(ATMs), dry cleaners/laundromats, etc., but do not include “Vehicle Service Stations” or “Car Wash”, which are
separately defined. See Article 9-4.22 (Drive-In and Drive-Through Facilities) for use standards specific to this use.
Dwelling. See “Single-Family Dwelling” and “Multi-Family Dwelling.”
9-8.04.060 “E” Definitions
Eating and Drinking Establishment. Restaurants and other establishments selling prepared foods and drinks for
consumption on the premises, as well as facilities for dancing and other entertainment which are secondary and
subordinate to the principal use of the establishment as an eating and drinking place. Also includes lunch counters and
refreshment stands selling prepared goods and drinks for immediate consumption. Restaurants, lunch counters, and
drinking places operated as subordinate service facilities within other establishments are not included here unless they
are operated as leased departments by outside operators. Does not include establishments with drive-through facilities
or uses defined under "Adult-Oriented Business."
Electricity Generation and Storage Facility. Solar farms, battery energy storage systems (BESS), and similar uses
as a primary use. Does not include “Utilities Facility” and “Utility Infrastructure.” Does not include solar panels or other
accessory electrical generation that is accessory to an approved residential use. See Article 9-4.24 (Electricity
Generation and Storage Facilities) for use standards specific to this use.
Emergency Shelter - Low Barrier Navigation Center. A Housing First, low barrier, temporary, service-enriched
shelter focused on helping homeless individuals and families to quickly obtain permanent housing. Low barrier includes
best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy. See
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California Government Code Section 65660. See Article 9-4.26 (Emergency Shelters) for use standards specific to this
use.
Equestrian Facility. See “Rural Recreation and Camping.”
9-8.04.070 “F” Definitions
Family Day Care Home. See Day Care – Family Day Care Home. For commercial day care facilities see "Day Care
Center."
Farm Animal Raising. See “Agriculture – Primary Use” and “Agriculture – Accessory Use.”
Farm Equipment and Supplies. Establishment primarily engaged in the sale or rental of agricultural machinery and
equipment for use in the preparation and maintenance of the soil, the planting and harvesting of crops, and other
operations and processes pertaining to work on the farm; also, dairy and other livestock equipment including trailers.
Includes agricultural machinery, dairy farm machinery and equipment, irrigation equipment, poultry equipment and frost
protection equipment; hay, grain and feed sales. Incidental outdoor sales and storage is regulated by Section 9-4.60
(Storage-Accessory), including a limitation on size.
Financial Services and Banks. Service establishments primarily engaged in the field of finance, including: banks and
trust companies; credit agencies other than banks; brokers and dealers in securities and commodity contracts; security
and commodity exchanges; holding (but not predominantly operating) companies; and other investment companies.
This classification does not include check cashing or payday/same day loan services, which are classified under
“Personal Services – Restricted”.
Fitness Facility. An establishment providing health and fitness services, instruction, and/or equipment designed to
promote or improve the health of its users through exercise. Examples of fitness activities include, but are not limited
to dance, yoga, martial arts, spin, personal training, and functional fitness workouts, and may also include gymnasiums,
indoor sports courts, and swimming pools. Fitness facilities that may provide accessory amenities such as locker rooms
and small cafes for patrons.
Fuel Sales (Propane). Retail trade establishments primarily engaged in the sale to consumers of liquefied petroleum
gas (LPG), propane, bottled or other fuels in bulk. Does not include accessory uses as part of a service station. Does
not include electric vehicle charging stations as a primary use, which are defined separately as “Vehicle Charging
Station.” See Article 9-4.30 (Fuel Sales [Propane]) for use standards specific to this use.
Funeral Services. See “Mortuary Services.”
9-8.04.080 “G” Definitions
Garage, Automotive. See “Vehicle Services and Repair.”
Gasoline Service Station. See “Vehicle Service Station.”
Government Offices and Facilities. A building or structure owned, operated, or occupied by a governmental agency
for administrative, clerical, or public contact and/or service offices of recognized local, State, or Federal agencies.
Includes post offices, City Hall, municipal corporation yards, etc.
Group Home. See “Residential Care Facilities – Limited.”
9-8.04.090 “H” Definitions
Home Occupation. The conduct of a business within a dwelling unit, with the business activity being subordinate to
the residential use of the property. See Article 9-4.34 (Home Occupations) for use standards specific to this use.
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Homeless Shelter. See “Emergency Shelter.”
Horticultural Specialties. Businesses engaged in the production of ornamental plants and other natural products,
grown under cover or outdoors. Also includes establishments engaged in the sale or on-site production of such product.
See Article 9-4.08.040 (Horticultural Specialties) for use standards specific to this use.
Hospital. See “Medical Services – Hospitals”.
Hotels and Motels. See “Lodging – Hotel and Motel.”
9-8.04.100 “I” Definitions
Industrial. See “Manufacturing, Repair, and Processing.”
Instructional Services Establishments primarily engaged in offering individualized or small-group instruction in
academic, music, or professional subjects conducted within classrooms or offices and not involving retail sales or large
group assembly. Instruction is typically scheduled by appointment and serves a limited number of students at one time.
This use includes establishments offering academic tutoring, driving training, test preparation, music lessons without a
retail component, language instruction, education coaching, and small academic learning centers. This use does not
include “Schools – Business and Vocational,” “Fitness Facility,” or art studios, cooking workshops, and craft/maker
classes, which are classified as “Studio/Creative Workshop.”
9-8.04.110 “J” Definitions
Reserved.
9-8.04.120 “K” Definitions
Kennels. See “Animal Care Services – Kennel.”
9-8.04.130 “L” Definitions
Large Scale Agricultural Manufacturing. See “Agricultural Manufacturing – Large Scale.”
Laundry and Dry-Cleaning Plants. Service establishment primarily engaged in high volume laundry and garment
services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper
service; industrial laundries; carpet and upholstery cleaners. Does not include Laundromat/Coin-Operated Laundry” or
dry-cleaning pickup stores without dry cleaning equipment, which are classified as "Personal Services – General."
Laundromat/Coin-Operated Laundry. Facilities providing washing and drying machines for use by customers for a
fee as a primary use. Dry cleaning pick-up stores are classified as "Personal Services – General."
Libraries and Museums. Permanent public or quasi-public facility generally of a noncommercial nature such as
libraries, museums, art exhibitions, planetariums, aquariums, botanical gardens, arboretums and zoos. Also includes
historic sites and exhibits.
Livestock Specialties. Agricultural establishment primarily engaged in commercial livestock keeping or feeding as a
principal land use which, because of operational characteristics, may generate dust, odors or visual impacts which
could have an adverse effect upon adjacent properties. Such uses include dairies and any other farms that exceed
allowable animal density identified in Section 9-4.08.030(g) (Allowable Animal Density).
Lodging – Bed and Breakfast. An establishment providing transient (30 consecutive calendar days or less) lodging
primarily engaged in providing overnight or otherwise temporary lodging for the public. Such establishments provide
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limited meal service, generally breakfast, for lodgers, requiring a permit issued by the San Luis Obispo County Health
Department for food service (not constituting a restaurant operation providing for persons other than guests).
Lodging – Hotel and Motel. An establishment with guest rooms or suites, with or without kitchen facilities, rented to
the public for overnight lodging for periods of fewer than 30 consecutive calendar days to transient patrons, but not
providing room rentals on an hourly basis. Includes hotels, motor hotels, motels, tourist courts, or cabins. These
establishments may provide additional accessory services, such as conference and meeting rooms, restaurants, bars,
personal services, shuttle services, retail services, or recreational facilities available to guests or to the public. This use
classification does not include uses classified as “Lodging – Bed and Breakfast.” See Article 9-4.30 (Hotels and Motels)
for use standards specific to this use.
Low Barrier Navigation Center. See Emergency Shelter - Low Barrier Navigation Center.
9-8.04.140 “M” Definitions
Manufacturing and Processing – Artisan. The small-scale manufacture and/or processing of artisan consumer-
oriented goods in a manner that generates limited associated trucking activity; where the operational characteristics of
the manufacturing process and the materials used are unlikely to cause significant impacts to the existing surrounding
neighborhood or businesses; and includes retail sales of the goods produced on site. Includes activities such as jewelry
making, art glass, ceramics, paintings, sculpture, small-scale woodworking, small-scale food production, and other
maker spaces.
Manufacturing, Repair, and Processing – High Intensity. A facility or establishment that accommodates
manufacturing processes that involve and/or produce building materials, fabricated metal products, machinery, and
other similar manufacturing uses, where the intensity or scale of operations is determined to be greater than those
classified under "Manufacturing and Processing – Low Intensity," but where impacts to surrounding neighborhoods,
businesses, and the community may cause a significant impact. Uses may have an indoor setting, however uses may
also be conducted outdoors. Examples of manufacturing and processing uses that are considered high-intensity
include the following, but are not limited to:
• Machinery manufacturing that makes or process raw materials into products;
• Metal fabrication and welding shops engaged in the production and/or assembly of metal, and other similar
metal shops;
• Manufacturing that cuts, shapes, and/or finishes building materials used in home or nonresidential
construction;
• Chemical product manufacturing that produces or uses basic chemicals and other establishments creating
products predominantly by chemical processes;
• Product manufacturing that produces bulk concrete, asphalt, and other paving materials;
• Paving and roof materials manufacturing of various common paving and petroleum-based roofing materials
including bulk asphalt, paving blocks made of asphalt, creosote wood, and various compositions of asphalt
and tar;
• Plastics, other synthetics and rubber manufacturing;
• Primary metal industries engaged in smelting, refining of ferrous and nonferrous metals;
• Other similar heavy intensive uses.
Manufacturing, Repair, and Processing – Low Intensity. A facility or business that engages in the (indoor)
assembly, fabrication, and conversion of already processed raw materials into products, where the operational
characteristics of the manufacturing process and the materials used are unlikely to cause significant impacts to the
existing surrounding neighborhood or businesses. Examples include the following, but are not limited to:
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• Artisan manufacturing and production where no retail component exists;
• Production, assembly, and/or repair where no raw materials are manufactured;
• Production and assembly of precision electronics and scientific instruments, including on-site offices;
• Producing or processing of foods and beverages for human consumption where no retail component exists
and does not include noxious odors or excessive noise and no slaughter occurs on site;
• Repair and service of small consumer products;
• Small scale manufacturing where assembling and/or manufacturing is completed by hand or precision tools;
• Small product manufacturing not classified in another major manufacturing group.
Medical Services – Clinic. A facility providing medical, psychiatric, or surgical service for sick or injured persons
exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related
services to patients who are not lodged overnight. Services may be available without a prior appointment. This
classification includes licensed facilities such as blood banks and plasma centers, and emergency medical services
offered exclusively on an outpatient basis such as urgent care centers. This classification does not include private
medical and dental offices that typically require appointments and are usually smaller scale; see "Medical Services –
Doctor Office." These facilities may also include incidental medical laboratories.
Medical Services – Doctors Office. Office use providing consultation, diagnosis, therapeutic, preventive, or corrective
personal treatment services by doctors, dentists, chiropractors, acupuncturists, optometrists, and similar medical
professionals, including paramedical tattooing and medical and dental laboratories within medical office buildings but
excluding “Medical Services – Clinic” or independent research laboratory facilities (“Research and Development”) and
“Medical Services – Hospitals." Incidental medical and/or dental research within the office is considered part of the
office use, where it supports the on-site patient services. Counseling services by other than medical doctors or
psychiatrists are classified as “Office.”
Medical Services - Extended Care. Residential facility 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 classified as "Residential Care – Assisted Living." See Article 9-4.50 (Medical Services – Extended Care) for use
standards specific to this use.
Mini-Storage. See “Self-Storage Facilities”.
Mixed-Use Development – Horizontal. Nonresidential and residential uses integrated horizontally on the same
development site, where both nonresidential and residential uses are considered primary uses of the land. See Article
9-4.38 (Mixed-Use Developments) for use standards specific to this use.
Mixed-Use Development – Vertical. Nonresidential and residential uses integrated vertically in the same structure(s),
where both nonresidential and residential uses are considered primary uses of the land and where commercial uses
are located on the ground floor with residential uses located on the upper floors. See Article 9-4.38 (Mixed-Use
Developments) for use standards specific to this use.
Mobile Home Park. 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 Mobile home Residency Law, for nontransient 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. This use does not include “Recreational Vehicle Park” or “Vehicle and Equipment Storage.” See
Article 9-4.40 (Mobile Home Parks) for use standards specific to this use.
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Mortuary Services. Establishment with facilities for the care, preparation, or disposition of human remains for burial,
cremation and conducting funeral observances and memorial services. Typical uses may include crematories,
columbaria, mausoleums, mortuaries, funeral chapels, and funeral homes.
Multi-Family Dwelling. Two or more primary attached 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, rowhouses,
townhouses, flats, and condominiums. Also includes transitional housing, communal housing and supportive housing
where people live as independently as possible with the assistance of social services tailored to each person's needs
as defined in Article 9-8.04 (General Definitions). This use does not include accessory dwelling units or urban dwelling
units as defined in Article 9-8.04 (General Definitions) or “Lodging – Hotels and Motels,” “Lodging – Bed and Breakfast,”
dormitories, or “Recreational Vehicle Park.”
9-8.04.150 “N” Definitions
Nurseries and Garden Centers. See “Horticultural Specialties.”
9-8.04.160 “O” Definitions
Office. Offices of firms or organizations providing professional, executive, management, or administrative services,
such as accounting, real estate agents, insurance agents, architectural, computer software design, engineering,
graphic design, interior design, investment advisors and brokers, insurance offices, legal offices, real estate and
mortgage offices and services, and tax preparation offices. Also includes co-working spaces, incubator-type services
that provide office-type working spaces for a fee, and counseling services provided by individuals other than medical
doctors or psychiatrists, which are included under "Medical Services - Doctor Office." This use classification excludes
“Financial Services and Banks.”
Outdoor Recreation. See “Commercial Recreation/Entertainment – Outdoor”
Outdoor Temporary and/or Seasonal Sales. See “Temporary or Seasonal Retail Sales.”
9-8.04.170 “P” Definitions
Parking Facility. A public or private space dedicated to accommodating passenger vehicle parking stalls, backup area,
driveways, and aisles and in which temporary passenger vehicle parking is the primary use of the site. Includes surface
parking lots and parking structures/garages. This use does not include "Vehicle and Equipment Storage" or “Recycling
Facility – Light Processing and Scrap.”
Parks and Playgrounds. A public outdoor recreational facility that may provide a variety of recreational activities
including playground equipment, open space areas for passive recreation including hiking and biking trails, zoos,
picnicking, and sport and active recreation facilities such as noncommercial playing fields, gymnasiums, public
swimming pools, picnic facilities, tennis courts, and public golf courses, botanical gardens dedicated for use to the
public.
Personal Services – General. Service establishment primarily engaged in providing recurrently needed nonmedical
personal services as a primary use and may include accessory retail sales of products related to the services provided.
Examples of these uses include beauty shops (includes permanent makeup artists as a subtenant), barber shops, day
spas (excluding services administered by a doctor or similar certified health professional and associated with the a
permitted medical business) and massage therapy where each massage therapist is certified/licensed by a State-
recognized organization, shoe repair shops, dry cleaning pickup stores (with no dry cleaning equipment on site),
clothing rental, tailors, tanning salons and sauna facilities, float therapy and cryotherapy, nail salons, and other similar
uses.
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Personal Services – Restricted. Service establishments including but not limited to: check cashing and/or
payday/same day loans; fortunetellers, psychics; palm, tarot and card readers; or card rooms as a primary use. See
Article 9-4.54 (Restricted Retail and Personal Services) for use standards specific to this use.
Public Assembly and Entertainment. See “Assembly – Public and Entertainment.”
9-8.04.180 “Q” Definitions
Reserved.
9-8.04.190 “R” Definitions
Recreational Vehicle Park. Transient lodging establishments primarily engaged in renting, leasing or otherwise
providing overnight or a period of 30 consecutive calendar days or less for trailers, campers, or tents, with or without
individual utility hookups, but with other facilities such as public restrooms. Includes glamping, where RVs and campers
are provided for rent. Does not include incidental camping areas, which are included under "Rural Sports and Group
Facilities." See Article 9-4.46 (Recreational Vehicle [RV] Parks) for use standards specific to this use.
Recycling Facility – Light Processing and Scrap. Establishment primarily engaged in assembling, breaking up,
sorting, temporary storage, and distribution of recyclable or reusable scrap and waste materials, including auto
wreckers engaged in dismantling automobiles for scrap. Does not include “Waste Disposal Sites.” Does not include
temporary storage of toxic or radioactive waste materials. See Article 9-4.48 (Recycling Facilities) for use standards
specific to this use.
Recycling Facility – Small Collection. A facility available for the general public for the recycling of California
Redemption Value (CRV) products such as glass, aluminum cans, and plastic beverage containers as defined by the
State's Department of Resources Recycling and Recovery or clothing recycling. Small collection facilities may include
a mobile unit, reverse vending machines or a grouping of reverse vending machines, kiosk-type units which may include
permanent structures, or unattended containers placed for the donation of recyclable materials. See Article 9-4.48
(Recycling Facilities) for use standards specific to this use.
Recycling Facility – Large Collection. Establishments that are larger than "Recycling Facility – Small Collection,"
that serve as a community-wide center for the collection and/or processing of recyclable materials such as glass, paper,
plastic, aluminum, and metal cans. See Article 9-4.48 (Recycling Facilities) for use standards specific to this use.
Research and Development. A facility for scientific research, and the design, development, and testing of electrical,
electronic, magnetic, optical, computer, medical, and telecommunications components in advance of product
manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is
secondary to the research and development activities. Examples of this use include, but are not limited to,
pharmaceutical, chemical, and biotechnological research and development, medical labs, therapeutic discovery,
genomic research, molecular diagnostics, soils and materials testing labs, vivarium, and forensic labs, energy,
propulsion, and mobility research, software and hardware technology, and other similar or related uses. May also
include shared work spaces such as creative incubators, culinary incubators, design and fabrication centers, fabrication
laboratories, and their substantial equivalents. These uses are not intended to manufacture mass quantities of physical
products or use large quantities of raw or hazardous materials.
Residential Care Facility. Facility licensed by the State to provide permanent living accommodations and 24-hour
primarily non-medical care and supervision for persons in need of personal services, supervision, or assistance with
daily tasks. This classification includes facilities that are operated for profit as well as those operated by public or not-
for-profit institutions. See Article 9-4.50 (Residential Care and Medical Services – Extended Care) for use standards
specific to this use. Does not include “Transitional Housing” and “Supportive Housing” which are defined separately.
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Residential Care – Assisted Living. A facility that provides a combination of housing and supportive services
for the elderly or functionally impaired, including personalized assistance, congregate dining, and recreational
and social activities. Living accommodations are shared living quarters with or without separate kitchen or
bathroom facilities for each room or unit. These facilities may include medical services. Examples include
assisted living facilities, convalescent care, nursing homes, skilled nursing, retirement homes, and retirement
communities. The residents in these facilities may require varying levels of assistance. Facilities with six or
fewer persons are included in “Residential Care – Limited”, which is defined separately.
Residential Care – General. A facility that is located in a residence and licensed by the State to provide care
for more than six persons.
Residential Care – Limited. A facility that is located in a residence and licensed by the State to provide care
for six or fewer persons.
Restaurant. See “Eating and Drinking Establishment.”
Retail – General. The retail sale or rental of merchandise not specifically listed under another use classification. This
classification includes department stores, and businesses retailing goods such as: clothing, furniture, pet supplies,
hardware, toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, medical supplies and
equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, appliances, antiques, secondhand
goods, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies,
bicycles, and new automotive parts and accessories (excluding vehicle service and installation). Accessory instruction
and/or repair of goods may be provided. Does not include or “Retail – Restricted,” which is defined separately.
Retail – Restricted. Stores and shops selling products that may have a blighting and/or deteriorating effect upon the
surrounding area and may need to be dispersed in order to minimize their adverse impact. Examples of these uses
include, but are not limited to, the following: selling smoking, tobacco and vaping products as a primary use; and pawn
shops, in which the business of pawn brokering, or the business of lending money upon personal property, pawns or
pledges is done. See Article 9-4.54 (Restricted Retail and Personal Services) for use standards specific to this use.
Rural Recreation and Camping. Establishments supporting special group activities such as: archery, pistol, rifle, and
skeet clubs and facilities; dude and guest ranches; health resorts including outdoor hot spring, spa or hot tub facilities;
hunting and fishing clubs; recreational camps; group or organized camps; incidental, seasonal camping areas without
facilities; equestrian facilities, including riding academies, schools, stables and exhibition facilities. See Article 9-4.44
(Outdoor Recreational Facilities) for use standards specific to this use.
RV Parks. See “Recreational Vehicle Parks.”
9-8.04.200 “S” Definitions
Sales Lot. Permanent establishment for the outdoor sales of items (used or new), not including sales lots that are
exclusively vehicle sales, which are classified as “Vehicle Sales,” or sales lots that are exclusively farm equipment and
supplies, which are classified as “Farm Equipment and Supplies.” See Article 9-4.42 (Outdoor Sales and Storage) for
use standards specific to this use.
Schools. A public or private institution of learning, which offers instruction in those courses of study required by the
California Education Code or which is maintained pursuant to standards set by the State Board of Education, including
any preschool, kindergarten, elementary school, junior high school, senior high school, community or junior college,
four-year college or university, or any special institution of learning under the jurisdiction of the State Department of
Education. Does not include Sunday schools which are classified under "Assembly – Religious Facilities." See Article
9-4.56 (Schools) for use standards specific to this use.
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Schools – Business and Vocational. Public or private post-secondary schools providing occupational or job skills
training for specific occupations, including business and computer schools, trade schools and apprenticeship programs,
management training, and technical training schools. Excludes personal instructional services such as music lessons
and tutoring, which are classified as “Instructional Services.” See Article 9-4.56 (Schools) for use standards specific to
this use.
Self-Storage Facility. Facility divided into individual compartments offering enclosed storage with individual access
for personal effects and household goods intended to be used principally to provide rental spaces to the public,
including mini-warehouses and mini-storage. This use excludes “Warehousing” and “Vehicle and Equipment Storage.”
See Article 9-4.58 (Self Storage and Facilities) for use standards specific to this use.
Showroom. Establishment that primarily offers exhibition space to show products (e.g., furniture, furnishings, home
improvement and finish materials, appliances, and other products) for ordering and future pick up or delivery.
Single-Family Dwelling. An attached or detached building not to contain more than one 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. This definition also includes individual manufactured housing units installed
on a foundation system pursuant to Health and Safety Code Section 18551 and transitional housing and supportive
housing serving six or fewer persons as defined in Article 9-8.06 (General Definitions).
Skilled Nursing. See “Medical Services – Extended Care.”
Small Scale Ag Processing. See “Agricultural – Accessory Use.”
Studio/Creative Workshop. An establishment where studio space and/or instruction is provided in creative, culinary,
craft, or artistic disciplines and where activities may involve group participation, shared equipment, preparation of
materials, or communal experiences. This use may include incidental display and retail sales of items produced on the
premises. This use includes establishments such as art studios, painting or pottery classes, cooking schools, and craft
and maker classes.
Sports Assembly. See “Assembly – Sports Facility.”
9-8.04.210 “T” Definitions
Tasting Room. An establishment that offers wine, beer, or liquor for consumption on the premises, and those products
are manufactured or rectified on the premises or at an off-site location associated with the premises. Tasting rooms
must meet the requirements of the Alcoholic Beverage Control (ABC) license type (Type 02, Type 23, Type 40, Type
42, Type 74, or Type 86 license, or similar). Tasting rooms may operate within a large-scale brewing, winery, or distillery
facility as an accessory use.
Tattoo and Body Piercing Services. An establishment whose principal business activity is one or more of the
following: (1) using ink or other substances that result in the permanent coloration of the skin through the use of needles
or other instruments designed to contact or puncture the skin; or (2) creation of an opening in the body of a person for
the purpose of inserting jewelry or other decoration. This use does not include permanent makeup artists as a subtenant
to beauty shops or day spas, which is classified as “Personal Services – General.”
Temporary Event. Any use of a structure or land for an event for a limited period of time where the site is not to be
permanently altered by grading or construction of accessory facilities. Events include, but are not limited to: art shows;
rodeos; outdoor festivals, concerts. Does not include the temporary staging of food trucks or outdoor sales associated
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14
Chapter 8: Definitions
with existing, permitted businesses or uses, where circulation and access is not impacted. See Article 9-4.66
(Temporary Uses) for use standards specific to this use.
Temporary or Seasonal Retail Sales. The temporary use of property for retail sales for a specified duration of time,
primarily involving the sale of Christmas trees or other seasonal items; or semiannual sales of art or handcrafted items
in conjunction with community festivals or art shows. Does not include “Farmers' Markets” or “Agricultural Produce
Stands.” See Article 9-4.66 (Temporary Uses) for use standards specific to this use.
Towing Services. An establishment that provides vehicle towing services and accessory temporary outdoor storage
for the vehicles it tows, which shall only include: (1) mechanically operable/drivable, licensed vehicles that are to be
claimed by titleholders or their agents; and/or (2) wrecked motor vehicles awaiting insurance adjustments and transport
to repair shops. This use does not include “Vehicle Services and Repair” with a tow truck on site, “Recycling Facility –
Light Processing and Scrap,” “Vehicle Service Stations,” or “Vehicle and Equipment Storage (Outdoor)” which includes
impound yards. See Article 9-4.68 (Towing Services) for use standards specific to this use.
Transit Stations. Passenger stations for vehicular, bus, and rail mass transit systems; also, terminal facilities providing
maintenance and service for the vehicles operated in the transit system.
9-8.04.220 “U” Definitions
Utility Facility. A fixed-base structure or facility serving as a junction point for transferring electric utility services from
one transmission voltage to another or to local distribution and service voltages, and similar facilities for water supply,
natural gas distribution, wastewater pump station, fiber optics junction box, or other similar facilities that are not
exempted from land use permit requirements by California Government Code Section 53091.
9-8.04.230 “V” Definitions
Vehicle and Equipment Storage – Indoor. Service establishments primarily engaged in the business of storing cars,
buses and other motor vehicles; recreational vehicles (such as campers, motor homes, boats); construction equipment;
and farm equipment indoors. All uses of the site must be located within an approved, permitted building. Onsite outdoor
storage is regulated by Section 9-4.60 (Storage – Accessory), including a limitation on size.
Vehicle and Equipment Storage – Outdoor. Service establishments primarily engaged in the business of storing
cars, buses and other motor vehicles; recreational vehicles (such as campers, motor homes, boats); construction
equipment; and farm equipment, as well as vehicle impound lots. Does not include wrecking yards, which are classified
as "Recycling Facility – Light Processing and Scrap." See Article 9-4.42 (Outdoor Sales and Storage) for use standards
specific to this use. Outdoor storage as an accessory use is regulated by Section 9-4.60 (Storage – Accessory),
including a limitation on size.
Vehicle Rental and Accessory Services. Rental of automobiles, motorcycles, mopeds, motorized scooters,
recreational vehicles, trucks, and similar vehicles and equipment powered by a motor, including related on-site storage
and incidental maintenance that does not require pneumatic lifts or tools. See Article 9-4.72 (Vehicle Sales and Rentals)
for use standards specific to this use.
Vehicle Sales. A retail establishment selling new or used automobiles, motorcycles, recreational vehicles, trucks,
boats, motorized farm equipment, mobile homes, construction equipment, or other heavy equipment and similar
vehicles, as well as any use that requires approval from the California Department of Motor Vehicles for vehicles
displayed outdoors. May also include the sale, installation, and servicing of related equipment and parts as an
accessory use to vehicle dealerships. "Does not include "Vehicle Service Stations." See Article 9-4.72 (Vehicle Sales
and Rentals) for use standards specific to this use.
Vehicle Services and Repair - Major Repair/Body Work. Major repair of automobiles, motorcycles, recreational
vehicles, or trucks including light-duty trucks (i.e., gross vehicle weights of less than 10,000 pounds) and heavy-duty
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15
Chapter 8: Definitions
trucks (i.e., gross vehicle weights of more than 10,000 pounds). Examples of uses include full-service motor vehicle
repair garages; body and fender shops; servicing of cooling and air conditioning, electrical, fuel and exhaust systems;
wheel alignment and balancing; tire sales, service, and installation shops; shock absorber replacement; chassis
lubrication; engine tune-ups; brake shops; machine shops; painting shops; towing services; and transmission shops.
This use does not include vehicle dismantling or salvage (see "Recycling Facility – Light Processing and Scrap") or tire
retreading or recapping. See Article 9-4.74 (Vehicle Services and Repair and Car Washes) for use standards specific
to this use.
Vehicle Services and Repair - Minor Repair/Maintenance. Minor repair and maintenance of automobiles,
motorcycles, recreational vehicles, or light trucks, vans or similar size vehicles (i.e., vehicles that have gross vehicle
weights less than 10,000 pounds) including detailing as an accessory use, installation of electronic equipment (e.g.,
alarms, audio equipment, etc.); realigning and repairs; oil and air filter replacement; smog checks; and installation of
window film, and similar accessory equipment. See Article 9-4.74 (Vehicle Services and Repair and Car Washes) for
use standards specific to this use.
Vehicle Service Station. An establishment engaged in the retail sale of vehicle fuels or the retail sale of these fuels
in combination with activities, such as providing minor vehicle repair services; selling automotive oils, replacement
parts, and accessories; and/or accessory retail and grocery sales and automated vehicle washing. Also includes
establishments engaged in the retail sale of electricity as a vehicle fuel as a primary use or as an accessory use to
vehicle fuel sales. Does not include electric vehicle charging stations that are located within a parking area associated
with and accessory to another allowed use. This use does not include body and fender work or "heavy" repair of trucks
or other motor vehicles (see "Vehicle Services and Repair – Major Repair/Maintenance"), “Towing Services,” or
“Vehicle and Equipment Storage.” See Article 9-4.76 (Vehicle Service Stations) for use standards specific to this use.
Veterinarian. See “Animal Care, Veterinarian.”
9-8.04.240 “W” Definitions
Waste Disposal Site. Any land, area, or premises, often called a landfill, where garbage, refuse, or industrial waste is
deposited, dumped, or stored. Does not include “Composting – Green Waste Facility.” See Article 9-4.78 (Waste
Disposal Sites) for use standards specific to this use.
Warehousing and Wholesaling. Facilities for indoor storage; distribution; or sale of goods to other firms for resale,
business-to-business sales, and sales to individual consumers through mail or internet orders or limited onsite
consumer sales. This use normally operates from a warehouse or office having little or no display of merchandise and
are not designed to solicit walk-in traffic. Also includes storage, processing, packaging, and shipping facilities for mail
order and e-commerce retail establishments. This classification excludes the storage of hazardous chemical, mineral,
and explosive materials. This use does not include personal storage facilities offered for rent or lease to the public
("Self-Storage Facilities"); or building materials sales (“Building Materials and Hardware”); or “Contract Construction
Services.” Onsite outdoor storage is regulated by Section 9-4.60 (Storage – Accessory), including a limitation on size.
Winery—Boutique. Winery or brandy production for no more than 3,000 cases of wine per year. Uses include fruit
processing, fermentation pressing, barrel and bottle storage, bottling, wine tasting, and direct retail sale of wine and/or
brandy. This use does not include winery production in residential zoning districts, which is classified as “Agriculture –
Accessory Use.”
Winery—Production. Winery or brandy production of more than 3,001 cases of wine per year. Uses include fruit
processing, fermentation pressing, barrel and bottle storage, bottling, wine tasting, and direct retail sale of wine and/or
brandy.
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16
Chapter 8: Definitions
Wireless Telecommunication Facility. Public, commercial, and private electromagnetic and photoelectrical
transmission, broadcast, repeater, and receiving stations for radio, PCS, paging, broadband, television, telegraph,
telephone, cellular data network, and wireless communication towers (cellular phones), including commercial earth
stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment
buildings. Does not include telephone, telegraph, and cable television transmission facilities utilizing hard-wired or
direct cable connections. Does not include “Data and Commuter Services/Center.” See Article 9-4.80 (Wireless
Telecommunications Facilities) for use standards specific to this use.
9-8.04.250 “X” Definitions
Reserved.
9-8.04.260 “Y” Definitions
Reserved.
9-8.04.270 “Z” Definitions
Reserved.
Page 27 of 79
05/05/26 | Item F1 | Attachment 3
Table 9-2.04.020-1: Nonresidential Allowed Land Uses and Entitlement Requirements
Nonresidential Zoning districts
A - Allowed Use
CUP - Conditional Use Permit Required
AUP - Administrative Use Permit Required
-- Not Permitted
Permitted Uses by Zoning District
Special Regulation(s) C CS CI I
Accessory Storage A/CUP1 A/CUP 1 A/CUP 1 A/CUP 1
A/CUP: Accessory storage is an
allowed use, unless it involves outdoor
storage or sales areas of 10,000 SF or
greater, which requires a CUP as
indicated in Note 1. See Article 9-4.44
(Outdoor Sales and Storage.)
Adult Oriented Business A A -- A See 9-4.06 (Adult Business Uses).
Agricultural Processing – Large Scale
-- CUP -- A/CUP 1
A/CUP: Large Scale Agricultural
Processing is an allowed use in the I
zoning district, unless it includes
outdoor storage or sales area of
10,000 SF or greater, which requires a
CUP as indicated in Note 1. See
Article 9-4.44 (Outdoor Sales and
Storage).
Animal Care Services – Kennel CUP CUP CUP CUP See Section 9-4.10.020 (Kennels).
Animal Care Services – Grooming A A A A
Animal Care Services – Veterinarian CUP A CUP A See Section 9-4.10.020 (Animal Care
Services – Veterinarian).
Assembly – Public and Entertainment CUP CUP CUP -- See Article 9-4.40 (Assembly Uses).
Assembly – Religious Facility CUP CUP CUP -- See Article 9-4.40 (Assembly Uses).
Assembly – Sports Facility CUP CUP CUP -- See Article 9-4.40 (Assembly Uses).
Bar/Tavern A -- A --
Brewery – Production
-- AUP AUP A/CUP 1
A/CUP: Brewery – Production is an
allowed use in the I zoning district,
unless it involves outdoor storage or
sales areas of 10,000 SF or greater,
which requires a CUP as indicated in
Note 1. See Article 9-4.44 (Outdoor
Sales and Storage.)
Brewery – Micro-Brewery/Brewpub A A A A
Broadcasting Studio A A A --
Page 28 of 79
05/05/26 | Item F1 | Attachment 3
Table 9-2.04.020-1: Nonresidential Allowed Land Uses and Entitlement Requirements
Nonresidential Zoning districts
A - Allowed Use
CUP - Conditional Use Permit Required
AUP - Administrative Use Permit Required
-- Not Permitted
Permitted Uses by Zoning District
Special Regulation(s) C CS CI I
Building Materials and Hardware Sales
A/CUP1 A/CUP 1 A/CUP 1 A/CUP 1
A/CUP: Building Materials and
Hardware Sales is an allowed use,
unless it includes outdoor storage or
sales area of 10,000 SF or greater,
which requires a CUP as indicated in
Note 1. See Article 9-4.44 (Outdoor
Sales and Storage).
Business Support Services A A A A
Car Wash - AUP AUP -
Caretaker's Residence/Employee Unit CUP CUP CUP CUP
Commercial Kitchen A A A A
Commercial Recreation and
Entertainment – Indoor A A A A
Commercial Recreation and
Entertainment – Outdoor CUP CUP CUP CUP
Contract Construction Services –
Indoor
-- A/CUP1 A/CUP1 A/CUP1
A/CUP: Contract Construction
Services – Indoor is an allowed use as
indicated, unless it includes outdoor
storage or sales area of 10,000 SF or
greater, which requires a CUP as
indicated in Note 1. See Article 9-4.44
(Outdoor Sales and Storage).
Contract Construction Services –
Outdoor -- CUP -- CUP
Composting – Green Waste Facility -- -- -- CUP
Data and Computer Services Center -- AUP CUP AUP
Day Care Center A -- -- -- See Article 9-4.18 (Day Care).
Day Care – Family Day Care Home
-- -- -- --
As required by State law and in
association with conforming and legal
nonconforming residences.
Page 29 of 79
05/05/26 | Item F1 | Attachment 3
Table 9-2.04.020-1: Nonresidential Allowed Land Uses and Entitlement Requirements
Nonresidential Zoning districts
A - Allowed Use
CUP - Conditional Use Permit Required
AUP - Administrative Use Permit Required
-- Not Permitted
Permitted Uses by Zoning District
Special Regulation(s) C CS CI I
Drive-Through Sales or Services
CUP CUP AUP --
Drive-through sales and services
limited to retail (pharmacy) or
Financial Services and Banks in CI
zoning district.
See 9-4.24 (Drive-In and Drive-
Through Establishments).
Eating and Drinking Establishment A A A A
Electricity Generation and Storage
Facility -- -- -- CUP
Farm Equipment and Supplies
A/CUP1 A/CUP1 A/CUP1 A/CUP1
A/CUP: Farm Equipment and Supplies
is an allowed use, unless it includes
outdoor storage or sales area of
10,000 SF or greater, which requires a
CUP as indicated in Note 1. See
Article 9-4.44 (Outdoor Sales and
Storage).
Financial Services and Banks A A A --
Fitness Facility – Less than 4,000 SF A A A A
Fitness Facility – 4,000 SF or Larger CUP CUP AUP CUP
Fuel Sales (Propane)
- A/CUP1 -- A/CUP1
See Article 9-4.32 (Fuel Sales
[Propane]).
A/CUP: Fuel Sales (Propane) is an
allowed use as indicated, unless it
includes outdoor storage or sales area
of 10,000 SF or greater, which
requires a CUP as indicated in Note 1.
See Article 9-4.44 (Outdoor Sales and
Storage).
Government Offices and Facilities A A A A
Horticultural Specialties A/CUP1 A/AUP1 A/AUP1 A/CUP1 See Section 9-4.08.040 (Horticultural
Specialties).
Page 30 of 79
05/05/26 | Item F1 | Attachment 3
Table 9-2.04.020-1: Nonresidential Allowed Land Uses and Entitlement Requirements
Nonresidential Zoning districts
A - Allowed Use
CUP - Conditional Use Permit Required
AUP - Administrative Use Permit Required
-- Not Permitted
Permitted Uses by Zoning District
Special Regulation(s) C CS CI I
A/CUP: Horticultural Specialties is an
allowed use, unless it includes outdoor
storage or sales area of 10,000 SF or
greater, which requires a CUP. See
Article 9-4.44 (Outdoor Sales and
Storage).
Instructional Services A -- A --
Laundry and Dry-Cleaning Plants -- A A A
Laundromat/Coin-Operated Laundry CUP CUP CUP A
Libraries and Museums A A A --
Lodging – Bed and Breakfast -- -- -- -- Allowed in Colony Home or other
structures of local significance with a
CUP.
Lodging – Hotel and Motel A A AUP --
Manufacturing and Processing –
Artisan A A A A
Manufacturing, Repair, and Processing
– High Intensity
-- CUP -- AUP/
CUP1
A/CUP: Manufacturing, Repair, and
Processing – High Intensity requires
an AUP in the I zoning district, unless
it includes outdoor storage or sales
area of 10,000 SF or greater, which
requires a CUP as indicated in Note 1.
See Article 9-4.44 (Outdoor Sales and
Storage).
Manufacturing, Repair, and Processing
- Low Intensity
-- A/CUP1 A/CUP1 A/CUP1
A/CUP: Manufacturing, Repair, and
Processing – Low Intensity is an
allowed use as indicated, unless it
includes outdoor storage or sales area
of 10,000 SF or greater, which
requires a CUP as indicated in Note 1.
See Article 9-4.44 (Outdoor Sales and
Storage).
Medical Services – Clinic A A A --
Page 31 of 79
05/05/26 | Item F1 | Attachment 3
Table 9-2.04.020-1: Nonresidential Allowed Land Uses and Entitlement Requirements
Nonresidential Zoning districts
A - Allowed Use
CUP - Conditional Use Permit Required
AUP - Administrative Use Permit Required
-- Not Permitted
Permitted Uses by Zoning District
Special Regulation(s) C CS CI I
Medical Services – Doctors Office A A A --
Medical Services – Extended Care -- -- -- -- See Section 9-4.50.030 (Standards –
Skilled Nursing).
Mixed-Use Development – Horizontal -- -- -- -- Allowed in Colony Home or other
structures of local significance with an
AUP. See 9-3.331.
Mixed-Use Development – Vertical -- -- -- -- Allowed in Colony Home or other
structures of local significance with an
AUP. See Article 9-4.40 (Mixed-Use
Developments).
Mortuary Services A A A A
Multi-Family Dwelling -- -- -- -- Allowed in Colony Home or other
structures of local significance with an
AUP. See 9-2.02.060 (Multi-Family
Development Standards).
Office A A A --
Parking Facility AUP AUP AUP AUP
Personal Services – General A A A --
Personal Service – Restricted -- AUP CUP --
Recreational Vehicle Park CUP -- -- -- See Article 9-4.46 (Recreational
Vehicle [RV] Parks).
Recycling Facility – Light Processing
and Scrap
-- -- --
CUP
See Section 9-4.48.040 (Recycling
Facilities – Light Processing and
Scrap).
Recycling Facility – Small Collection A A A A See Section 9-4.48.020 (Recycling
Facilities – Small Collection).
Recycling Facility – Large Collection -- -- -- CUP See Section 9-4.48.030 (Recycling
Facilities – Large Collection).
Research and Development A A A A
Page 32 of 79
05/05/26 | Item F1 | Attachment 3
Table 9-2.04.020-1: Nonresidential Allowed Land Uses and Entitlement Requirements
Nonresidential Zoning districts
A - Allowed Use
CUP - Conditional Use Permit Required
AUP - Administrative Use Permit Required
-- Not Permitted
Permitted Uses by Zoning District
Special Regulation(s) C CS CI I
Residential Care – Limited -- -- -- -- As required by State law and in
association with conforming and legal
nonconforming residences. See 9-
6.135
Residential Care – Assisted Living -- -- -- -- See Section 9-4.50.020 (Residential
Care Standards)
Retail – General (50,000 SF or less)
A/CUP1 A/CUP1 A/CUP1 --
A/CUP: Retail – General (50,000 SF or
less) is an allowed use as indicated,
unless it includes outdoor storage or
sales area of 10,000 SF or greater,
which requires a CUP as indicated in
Note 1. See Article 9-4.44 (Outdoor
Sales and Storage).
Retail – General (Greater than 50,000
SF) CUP CUP CUP --
Retail – Restricted -- AUP CUP --
Sales Lot CUP -- -- CUP See Section 9-4.44.030 (Sales Lots
Standards).
Schools A A -- -- See Article 9-4.56 (Schools)
Schools – Business and Vocational A A A CUP See Article 9-4.56 (Schools)
Self-Storage Facility -- -- -- CUP See Article 9-4.58 (Self Storage
Facilities)
Showroom A A A A
Studio/Creative Workshop A A A --
Tasting Room A A A A
Tattoo and Body Piercing Services AUP A AUP AUP
Temporary Event
A/CUP2 A/CUP2 A/CUP2 A/CUP2
See Section 9-4.64.050 (Temporary
Events in Nonresidential Zoning
Districts)
Page 33 of 79
05/05/26 | Item F1 | Attachment 3
Table 9-2.04.020-1: Nonresidential Allowed Land Uses and Entitlement Requirements
Nonresidential Zoning districts
A - Allowed Use
CUP - Conditional Use Permit Required
AUP - Administrative Use Permit Required
-- Not Permitted
Permitted Uses by Zoning District
Special Regulation(s) C CS CI I
Temporary or Seasonal Retail Sales A A A A See Section 9-4.64.020 (Temporary or
Seasonal Retail Sales).
Towing Services
-- CUP -- A/CUP3
See Article 9-4.66 (Towing Services).
A/CUP3: Towing Services is an
allowed use in the I zoning district,
unless it includes outdoor storage or
sales area of 8,000 SF or greater,
which requires a CUP as indicated in
Note 3. See Article 9-4.44 (Outdoor
Sales and Storage).
Transit Stations CUP CUP CUP CUP
Utility Facility -- CUP CUP CUP
Vehicle and Equipment Storage –
Indoor
-- A/CUP1 -- A/CUP1
A/CUP1: Vehicle and Equipment
Storage – Indoor is an allowed use as
indicated, unless it includes outdoor
storage or sales area of 10,000 SF or
greater, which requires a CUP as
indicated in Note 1. See Article 9-4.44
(Outdoor Sales and Storage).
Vehicle and Equipment Storage –
Outdoor -- CUP -- CUP
Vehicle Rental and Accessory
Services A A -- -- See Section 9-4.70.030 (Vehicle
Rental and Accessory Services).
Vehicle Sales CUP CUP CUP -- See Section 9-4.70.020 (Vehicle
Sales Standards).
Vehicle Services and Repair – Major
Repair/Body Work -- A CUP A See Section 9-4.72.020 (Vehicle
Services and Repair Standards).
Vehicle Services and Repair – Minor
Repair/Maintenance AUP A AUP A See Section 9-4.72.020 (Vehicle
Services and Repair Standards).
Vehicle Service Station CUP CUP - - See Article 9-4.74 (Vehicle Service
Stations)
Page 34 of 79
05/05/26 | Item F1 | Attachment 3
Table 9-2.04.020-1: Nonresidential Allowed Land Uses and Entitlement Requirements
Nonresidential Zoning districts
A - Allowed Use
CUP - Conditional Use Permit Required
AUP - Administrative Use Permit Required
-- Not Permitted
Permitted Uses by Zoning District
Special Regulation(s) C CS CI I
Warehousing and Wholesaling
- AUP AUP A/CUP1
A/CUP1: Warehousing and
Wholesaling is an allowed use as
indicated, unless it includes outdoor
storage or sales area of 10,000 SF or
greater, which requires a CUP as
indicated in Note 1. See Article 9-4.44
(Outdoor Sales and Storage).
Winery – Boutique A/CUP1 A/CUP1 A/CUP1 A/CUP1 A/CUP1: Winery - Boutique is an
allowed use, unless it includes outdoor
storage or sales area of 10,000 SF or
greater, which requires a CUP as
indicated in Note 1. See Article 9-4.44
(Outdoor Sales and Storage).
Winery – Production
- AUP AUP A/CUP1
A/CUP: Winery – Production is an
allowed use in the I zoning district,
unless it involves outdoor storage or
sales areas of 10,000 SF or greater,
which requires a CUP as indicated in
Note 1. See Article 9-4.44 (Outdoor
Sales and Storage.)
Telecommunication Facility
CUP CUP CUP CUP
Wireless communication facilities are
allowed with an administrative use
permit in the public right-of-way. See
Article 9-4.70 (Wireless
Communications Facilities)
Notes: (These notes apply only to Table 9-2.04.020-1).
1 Outdoor commercial and industrial sales and/or storage of 10,000 square feet or more (either as a primary use or accessory use)
require the approval of a conditional use permit or administrative use permit,, even if such a development is listed as an allowable use
in a particular zoning district. See Article 9-4.44 (Outdoor Sales and Storage).
2 Temporary events requiring more than 3 days for on-site setup and 3 days for teardown (not inducing event days) require the approval
of a Conditional Use Permit. See Section 9-4.64.050 (Temporary Events in Nonresidential Zoning Districts).
3 Outdoor storage of towing related vehicles, towed vehicles, or accessory storage (other than an approved parking lot for employees
or fleet vehicles) over eight thousand (8,000) square feet shall require approval of a conditional use permit, even if such a development is listed as an allowable use in a particular zoning district. See Article 9-4.66 (Towing Services).
Page 35 of 79
CITY OF ATASCADERO
PLANNING COMMISSION STAFF REPORT
TO: Phil Dunsmore, Community Development Director
FROM: Kelly Gleason, Planning Manager
PREPARED BY: Erick Gomez, Associate Planner
SUBJECT: Appeal of Nonconforming Use Determination for 4990 Traffic Way
RECOMMENDATION:
Planning Commission adopt Draft Resolution A denying the appeal and upholding staff’s
determination that the right to continue the previous non-conforming Outdoor Vehicle and
Equipment Storage Use at 4990 Traffic Way (APN 028-102-002) has expired per the Atascadero
Municipal Code Chapter 9-7.
DISCUSSION:
4990 Traffic Way, LLC, the property owner, is appealing a staff determination that a previous
Outdoor Vehicle and Equipment Storage Use that operated on the property as a legal
nonconforming use prior to June 2022 at 4990 Traffic Way has been discontinued for a period of
6 months or greater and must be brought into conformance with the municipal code under the
provisions of Chapter 9-7. The Atascadero Municipal Code allows for existing non-conforming
uses to continue operating on a property provided that the specific non-conforming use is not
discontinued for a period of six months or more. A non-conforming use that has been
discontinued for six months or more must comply with current Municipal Code requirements,
including obtaining approval of any necessary entitlements and permits in order to be re-
established. The subject property is a 1.42-acre lot in the Industrial Zoning District. The outdoor
storage of vehicles has been discontinued on the site since June of 2022.
ANALYSIS:
BACKGROUND
The subject site is located in the Industrial Zoning District (I) which requires approval of a
Conditional Use Permit (CUP) for all Outdoor Vehicle and Equipment Storage. This use permit
requirement was enacted in 2020 with a code update across all zoning districts related to outdoor
storage uses. Prior to 2020, outdoor storage in the Industrial zone required a use permit only if
the outdoor use area exceeded 10,000 square-feet. All outdoor storage uses, regardless of size,
are subject to landscaping and screening requirements per AMC 9-6.140 and 9-4.125.
In 2012, a Building Permit was approved to allow site improvements on the subject property for
Atascadero RV Storage. Per business license records, and as confirmed by the property owner,
Atascadero RV Storage ceased operations on the property in June 2022. At that time, the outdoor
vehicle storage use was considered to be legal nonconforming due to lack of entitlement,
because, as of 2020, the City’s Zoning Code has required a CUP to operate an outdoor storage
Item: G1
Department: Community
Development
Date: 05/05/2026
Page 36 of 79
05/05/2026 | Item G1 | Staff Report
use in all zoning districts. Pursuant to Atascadero Municipal Code Chapter 9-7, when a legal
nonconforming use is discontinued for period of six months or more, the use must conform with
all current applicable requirements of the Zoning Code.
Communication with the property owner began in 2022 to discuss options for site development.
During this time, it was acknowledged that an outdoor storage use would need to be re-
established on the site within six months of June 2022 in order to allow for a continuation of the
non-conforming use (Attachment 4) without approval of a use permit. However, the outdoor
storage area remained vacant. In March 2024, the property owner applied for a (CUP) to allow
for a new outdoor storage use. The application requested flexibility in the type of outdoor storage
to allow for vehicle storage, RV parking, and/or construction materials. The application has not
yet been reviewed by the Planning Commission and is currently on hold pending this appeal
process.
NON-CONFORMING USES
AMC Chapter 9-7 provides standards related to nonconforming uses in the City. Non-conforming
uses are land uses that were legally established prior to code requirements affecting the use.
Non-conforming uses can be those that are no longer permitted, uses that now require an
entitlement, or sites that do not meet current development standards (parking, landscaping,
setbacks, etc). Atascadero RV Storage was a legal nonconforming use because it was established
prior to the current use permit requirements for Outdoor Vehicle and Equipment Storage uses in
the Industrial zone. Generally, a non-conforming use is allowed to continue to operate but cannot
be expanded without obtaining the required entitlement. Furthermore, the use’s right to
continue expires if it is discontinued for a period of 6 months or more. In that case, all subsequent
uses of the property must comply with current code standards, including obtaining the
appropriate entitlements and permits and modifying the site to meet current development
standards, as applicable.
STAFF DETERMINATION
Staff documented that the previous Outdoor Vehicle and Equipment Storage use (Atascadero RV
Storage) was discontinued for a period greater than six months and its legal non-conforming use
status expired. This documentation was based on the following information:
A business license was issued for Atascadero RV Storage, the previous Outdoor Vehicle
and Equipment Storage, in 2013. This business closed their business license account with
the City in May 2022.
The property owner confirmed that Atascadero RV Storage had vacated the property in
June 2022. They were advised of and acknowledged the nonconforming nature of the use
and the six-month timeline to re-establish the use without the need for a use permit.
(Attachment 4)
Aerial Imagery shows the property as vacant since mid-2022. Staff notes that the site was
briefly used in 2023 for a temporary staging yard for a public utility project, but no
permanent use was established.
The property owner applied for Conditional Use Permit in 2024 to re-establish storage
use. The application is still open pending resolution of this appeal.
Page 37 of 79
05/05/2026 | Item G1 | Staff Report
APPLICANT APPEAL
The applicant contends that the property should be allowed to operate as an Outdoor Vehicle
and Equipment Storage use under the nonconforming provisions of the AMC 9-7. No additional
information has been provided to staff that would indicate the active operation of an Outdoor
Vehicle and Equipment Storage use or an attempt to operate such a use on the subject property
within six months of the closing of Atascadero RV Storage.
ACTIONS
Under AMC § 9-1.111, “Decisions of the Planning Department may be appealed by an applicant,
any aggrieved person, the Planning Commission, or the City Council, and/or individual members
of the Planning Commission or City Council.” For any appeal, the Planning Commission can
uphold (deny the appeal) or overturn (grant the appeal) the subject action. Denying the appeal
and upholding staff’s determination would signify agreement that the previous nonconforming
use was discontinued for a period of 6 months or greater and that no use was established within
that time. Consistent with the Atascadero Municipal Code, this would effectively mean that a
Conditional Use Permit is needed to re-establish an Outdoor Vehicle and Equipment Storage use
and that the new use must conform to current code requirements. Granting the appeal and
overturning staff’s determination would allow the property owner to re-establish the outdoor
storage use and maintain the site as is (accessibility and safety issues may require modification).
The applicant would apply for any required building permits and a business license. Under this
scenario, the Planning Commission would find that the site has been continuously occupied with
an outdoor storage use with no vacancy occurring that was greater than 6-months.
CONCLUSION
It is clear and supported by substantial evidence that the Outdoor Vehicle and Equipment Storage
use on the property has been discontinued for a period of greater than six months (more than
two years have passed) and therefore it’s legal non-conforming status has expired. The property
owner may seek a new CUP to re-establish the use.
ALTERNATIVES:
1. The Planning may deny the appeal and uphold staff’s determination. (Resolution A)
2. The Planning Commission may grant the appeal and overturn staff’s determination.
(Resolution B)
3. The Planning Commission may determine that more information is needed on some
aspect of the appeal and may refer the item back to the appellant and staff. The
Commission should clearly state the type of information that is required. A motion, and
approval of that motion, is required to continue the item to a future date.
REVIEWED BY OTHERS:
The Project has been reviewed by the Planning Director and the City Attorney.
Page 38 of 79
05/05/2026 | Item G1 | Staff Report
REVIEWED AND APPROVED FOR PLANNING COMMISSION AGENDA
Phil Dunsmore, Community Development Director
ATTACHMENTS:
1. Draft Resolution A
2. Draft Resolution B
3. Appeal Letter (02/11/2026)
4. Email from Property Owner (08/18/2022)
5. Business License Closure Email from Atascadero RV Storage
6. 2021, 2023, 2024, and 2025 Aerial Imagery
Page 39 of 79
05/05/2026 | Item G1 | Staff Report
ATTACHMENT 1: Draft Resolution A
APL26-0020
DRAFT PC RESOLUTION A
RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ATASCADERO, CALIFORNIA,
DENYING APPEAL APL26-0020 AND UPHOLDING STAFF’S
DETERMINATION THAT THE LEGAL NON-CONFORMING STATUS OF
AN OUTDOOR VEHICLE AND EQUIPMENT STORAGE USE AT 4990
TRAFFIC WAY (APN 028-102-002) HAS EXPIRED.
4990 Traffic Way, LLC
4990 Traffic Way
WHEREAS, an appeal has been received from Brownstein Hyatt Farber Schrek, LLP on
behalf of the Property Owner, 4990 Traffic Way, LLC, to consider an appeal of a planning staff
determination that the legal nonconforming status of a previous Outdoor Vehicle and Equipment
Storage use that operated on the property at 4990 Traffic Way (APN 028-102-002) has expired
due to discontinuation of the use; and
WHEREAS, the site has a General Plan Designation of Industrial (I); and
WHEREAS, the site is in the Industrial (I) zoning district; and
WHEREAS, the Atascadero Municipal Code (AMC) has required a Conditional Use
Permit for any non-residential use with outdoor storage areas in excess of 10,000 square-feet (SF)
since 1988 and the AMC has required a Conditional Use Permit for all Outdoor Vehicle and
Equipment Storage uses in Industrial Zones since 2020;
WHEREAS, AMC § 9-7.106(b) states that if a nonconforming use of land is discontinued
for a period of six months or more, any following use must conform with all applicable
requirements of the Atascadero Zoning Ordinance.
WHEREAS, available City records and communications with the property owner indicate
that the property was occupied by Atascadero RV Storage, a legal nonconforming Outdoor Vehicle
and Equipment Storage use from 2012 through the end of its operation in June 2022, and the
Outdoor Vehicle and Equipment Storage use was subsequently discontinued for a period greater
than six months; and
WHEREAS, staff made a determination that the legal non-conforming status of the
previous Outdoor Vehicle and Equipment Storage land use expired due to a discontinuation of the
use for a period greater than six months.
Page 40 of 79
05/05/2026 | Item G1 | Staff Report
WHEREAS, an appeal was filed on February 12, 2026 in accordance with the provisions
of Atascadero Municipal Code Section 9-1.111 for a review of staff’s determination.
WHEREAS, a timely and properly noticed Public Hearing upon the subject Appeal was
held by the Planning Commission of the City of Atascadero, at which hearing evidence, oral and
documentary, was admitted on behalf of said appeal; and
NOW, THEREFORE, the Planning Commission of the City of Atascadero, California,
hereby finds, resolves, and determines as follows:
SECTION 1. Recitals: The above recitals are true and correct and incorporated herein as
if set forth in full.
SECTION 2. Public Hearings. The Planning Commission held a duly noticed public
hearing to consider the appeal on May 5, 2026 and considered testimony and reports from staff,
the applicants, and the public.
SECTION 3. Discontinuation of Use. The Planning Commission finds, based on such
testimony and documentation from staff, the applicants, and the public, that the use of the property
as an outdoor vehicle and equipment storage use was discontinued for a period of greater than six
months, beginning July 1, 2022.
SECTION 4. Denial of Appeal and Affirmation of Staff Determination. The Planning
Commission of the City of Atascadero, in a regular session assembled on May 5, 2026, resolved
to deny the Appeal and affirm staff’s determination that the legal nonconforming status of the
previous Outdoor Vehicle and Equipment Storage use on this site has expired due to a
discontinuation of the use for a period greater than six months.
Page 41 of 79
05/05/2026 | Item G1 | Staff Report
On motion by Commissioner _____________, and seconded by Commissioner __________ the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Jason Anderson
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
Page 42 of 79
05/05/2026 | Item G1 | Staff Report
ATTACHMENT 2: Draft Resolution B
APL26-0020
DRAFT PC RESOLUTION B
RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ATASCADERO, CALIFORNIA,
APPROVING APPEAL APL26-0020 AND OVERTURNING STAFF’S
DETERMINATION THAT THE LEGAL NON-CONFORMING STATUS OF
AN OUTDOOR VEHICLE AND EQUIPMENT STORAGE USE AT 4990
TRAFFIC WAY (APN 028-102-002) HAS EXPIRED.
4990 Traffic Way, LLC
4990 Traffic Way
WHEREAS, an appeal has been received from Brownstein Hyatt Farber Schrek, LLP on
behalf of the Property Owner, 4990 Traffic Way, LLC, to consider an appeal of a planning staff’s
determination that that the legal non-conforming status of a previous Outdoor Vehicle and
Equipment Storage use that operated on the property at 4990 Traffic Way (APN 028-102-002) has
expired; and
WHEREAS, the site has a General Plan Designation of Industrial (I); and
WHEREAS, the site is in the Industrial (I) zoning district; and
WHEREAS, the Atascadero Municipal Code (AMC) has required Conditional Use Permit
for any non-residential use with outdoor storage areas in excess of 10,000 square-feet (SF) since
1988 and the AMC has required a Conditional Use Permit for all Outdoor Vehicle and Equipment
Storage uses in Industrial Zones since 2020;
WHEREAS, AMC § 9-7.106(b) states that if a nonconforming use of land is discontinued
for a period of six months or more, any following use must conform with all applicable
requirements of the Atascadero Zoning Ordinance.
WHEREAS, staff made a determination that the legal non-conforming status of the
previous Outdoor Vehicle and Equipment Storage land use expired due to a discontinuation of the
use for a period greater than six months.
WHEREAS, an appeal was filed on February 12, 2026 in accordance with the provisions
of Atascadero Municipal Code Section 9-1.111 for a review of staff’s determination.
WHEREAS, a timely and properly noticed Public Hearing upon the subject Appeal was
held by the Planning Commission of the City of Atascadero, at which hearing evidence, oral and
documentary, was admitted on behalf of said appeal; and
Page 43 of 79
05/05/2026 | Item G1 | Staff Report
NOW, THEREFORE, the Planning Commission of the City of Atascadero, California,
hereby finds, resolves, and determines as follows:
SECTION 1. Recitals: The above recitals are true and correct and incorporated herein as
if set forth in full.
SECTION 2. Public Hearings. The Planning Commission held a duly noticed public
hearing to consider the appeal on May 5, 2026 and considered testimony and reports from staff,
the applicants, and the public.
SECTION 3. Determination of Nonconforming Use. The Planning Commission
determines that the Project Site is a legal nonconforming Outdoor Vehicle and Equipment Storage
yard, that such use has not been discontinued for a period of greater than six months, and the use
may continue to operate in accordance with the applicable provisions of the Atascadero Municipal
Code.
SECTION 4. Approval of Appeal and Overturning of Staff’s Determination. The Planning
Commission of the City of Atascadero, in a regular session assembled on May 5, 2026, resolved
to approve the Appeal and overturn the determination made by staff that the site the legal non-
conforming status of the previous Outdoor Vehicle and Equipment Storage use has expired due to
a discontinuation of the use for a period greater than six months.
Page 44 of 79
05/05/2026 | Item G1 | Staff Report
On motion by Commissioner _____________, and seconded by Commissioner __________ the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
_____________________________
Jason Anderson
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
Page 45 of 79
ATTACHMENT 3: Appeal Letter (02/11/2026) APL26-0020
SEE FOLLOWING PAGES
Page 46 of 79
805.963.7000 main
1020 State Street
Santa Barbara, California 93101
Beth A. Collins
Attorney At Law
805.882.1419 direct
bcollins@bhfs.com
www.bhfs.com
Brownstein Hyatt Farber Schreck, LLP
February 11, 2026
VIA ELECTRONIC MAIL PDUNSMORE@ATASCADERO.ORG
Phil Dunsmore, Planning Director/Community Development Director
City of Atascadero
6500 Palma Avenue
Atascadero, CA 93422
RE: Appeal of Planning Department Decision Dated February 2, 2026—4990 Traffic Way
Dear Mr. Dunsmore:
On behalf of 4990 Traffic Way LLC (“Owner”) and pursuant to Atascadero City Code section 9-1.111, we
hereby appeal the City of Atascadero (“City”) Planning Department’s determination that the Owner has
lost the right to continue its legal nonconforming use of the property at 4990 Traffic Way (“Property”)
as a storage yard. The determination being appealed is embodied in a February 2, 2026 email from City
Planner Erick Gomez to me, which is attached hereto as Exhibit A.
On January 15, 2026, I sent a letter to the City Planning Department requesting confirmation that the
Property retains its legal nonconforming status by January 23, 2026. (Exhibit B hereto.) Having received
no response, I sent a second letter on January 30, 2026, noting that we would be forced to file a legal
action because the City had not provided confirmation of the Property’s legal nonconforming status.
(Exhibit C hereto.) Also on January 30, you (Mr. Dunsmore) responded by email, stating that the City
was considering the request and wanted to reach an amicable resolution. (Exhibit D hereto.) Thus, we
were surprised to receive Mr. Gomez’s message on February 2, stating that the Property has lost its
legal nonconforming status.
The required appeal fees of $1,714 are being paid by check, which will arrive via FedEx. The basis for
this appeal is set forth in this letter and its exhibits. Pursuant to Atascadero City Code section 9-1.111,
we request that you prepare a report on this appeal and determine a hearing date for the appeal for
consideration by the appropriate body within 30 days. Thank you for your attention to this matter.
Sincerely,
Beth A. Collins
Page 47 of 79
EXHIBIT A
Page 48 of 79
1
Malone, Caitlin K.
From:Erick Gomez <egomez@atascadero.org>
Sent:Monday, February 2, 2026 12:00 PM
To:Malone, Caitlin K.; Collins, Beth A.
Cc:Hofer, Matthew L.; Andersen, Ginger C.; Phil Dunsmore; Nick DeBar
Subject:Re: Correspondence re 4990 Traffic Way (APN 028-102-002)
Good Morning Beth and Caitlin,
Thank you for your patience while I reviewed your letter with my management team and our City Attorney.
Upon review, our continued stance is as follows:
The previous use of the property has ceased for a period greater than 6 months, and has therefore lost
any nonconforming status. Non-conforming uses are governed by Municipal Code § 9-7
(Nonconforming Uses) and are not based on staff determination. The proposed use will require a
conditional use permit to proceed.
The frontage improvements identified for this project and property are necessary given the project
scope and location, and are consistent with requirements conditioned on previous use permits and
entitlements. The respective hearing bodies (Planning Commission / City Council) may be able to
modify conditions upon consideration of the project.
We have also outlined the process forward for discussion of frontage improvements at City Council. Staff is not
in a position to be able to negotiate these items. As previously outlined, the next step is to proceed to Planning
Commission for hearing on staff’s recommendation of denial. The project applicant has the ability to be heard
by City Council on appeal to request that they exercise the discretion afforded to them on the code
modifications and waivers you’re still seeking.
Please be advised that the most recent set of plans submitted have several code conflicts. We want to provide a
final opportunity to update these materials to meet any pending engineering and zoning code standards.
Alternatively, you can await Planning Commissions direction before proceeding with plan revisions or staff
conditions. Let's set up a meeting to discuss anticipated updates to your plans and discuss the hearing
process.
We are available Monday, February 9th at 2:45PM. Would that meeting time work for your team?
Best Regards,
Page 49 of 79
2
Erick Gomez
Planner
egomez@atascadero.org
Main: (805) 461-5035 | Direct: (805) 470-3436
City of Atascadero | Community Development Department
6500 Palma Ave | Atascadero, CA 93422
www.atascadero.org
From: Malone, Caitlin K. <CMalone@BHFS.com>
Sent: Thursday, January 15, 2026 3:23 PM
To: Phil Dunsmore <pdunsmore@atascadero.org>; Erick Gomez <egomez@atascadero.org>; Nick DeBar
<ndebar@atascadero.org>
Cc: Collins, Beth A. <bcollins@bhfs.com>; Hofer, Matthew L. <mhofer@bhfs.com>; Andersen, Ginger C.
<gandersen@bhfs.com>
Subject: Correspondence re 4990 Traffic Way (APN 028-102-002)
Good afternoon,
Please see the attached correspondence from Beth Collins’ office on behalf of 4990 Traffic Way, LLC regarding the
property located at 4990 Traffic Way in Atascadero, CA.
Caitlin K. Malone
Legal Practice Assistant
Brownstein Hyatt Farber Schreck, LLP
1020 State Street
Santa Barbara, CA 93101
805.882.1462 tel
CMalone@BHFS.com
WE HAVE MOVED: Our new address is: 1020 State Street, Santa Barbara, CA 93101
STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is
attorney privileged and confidential, intended only for the use of the individual or entity named above. If
the reader of this message is not the intended recipient, you are hereby notified that any dissemination,
distribution or copy of this email is strictly prohibited. If you have received this email in error, please
notify us immediately by calling (303) 223-1300 and delete the message. Thank you.
ATTENTION:
This email originated from outside the City's network. Use caution when opening links and attachments.
Page 50 of 79
EXHIBIT B
Page 51 of 79
36605578.3
805.963.7000 main
1020 State Street
Santa Barbara, California 93101
Beth A. Collins
Attorney At Law
805.882.1419 direct
bcollins@bhfs.com
www.bhfs.com
Brownstein Hyatt Farber Schreck, LLP
January 15, 2026
VIA ELECTRONIC MAIL
Erick Gomez, Planner
Phil Dunsmore, Planning Director
Nick DeBar, Public Works
City of Atascadero Planning Department
6500 Palma Avenue
Atascadero, CA 93422
RE: Vested Right to Continue Legal Nonconforming Use at 4990 Traffic Way
APN 028-102-002
Dear Mr. Gomez, Mr. Dunsmore, and Mr. DeBar:
We represent 4990 Traffic Way LLC (“Owner”) on land use matters for the property at 4990 Traffic Way
(“Property”) in the City of Atascadero (“City”). We understand the City has taken the position that the
longstanding legal nonconforming use on the Property has been deemed terminated and that a
Conditional Use Permit (“CUP”) is required to continue operations. For the reasons set forth below, this
position is inconsistent with California law and violates constitutional protections, exposing the City to
significant risk in litigation. With the additional information provided in this letter, we ask the City to
reconsider its position and confirm by January 23, 2026 that the Property has a vested right to continue
its legal nonconforming operations.
I. Factual Background
The Property is an Industrial-zoned property in the City that has been used for various automobile-
related and storage uses for decades, as described further below. The Property is a narrow, rectangular
parcel approximately 610 feet wide and 100 feet deep, occupying the land between the public right of
way of Traffic Way and the Union Pacific Railroad. The East property line is within a vacated right of
way of Mercedes Avenue. The West property line abuts Buena Avenue, which has not, to our
knowledge, been vacated by Atascadero, and upon which we understand pedestrians travel on a path
through a culvert under the railroad between Traffic Way and a neighborhood north of the railroad.
Page 52 of 79
Erick Gomez, Planner
Kelly Gleason, Planning Manager
January 15, 2026
Page 2
36605578.3
The existing building on site was erected in 19511 and modified by various tenants, including Tom’s Tile2
and Mike Dean Mobile Auto Repair.3 As observed in aerial photos (Attachment 1), storage of various
items has occurred on the site since at least 1994. Storage of Recreational Vehicles (“RV”) commenced
in 2012, as acknowledged in a Building Permit for Tenant Improvements sought by Atascadero RV
Storage.4
The Owner purchased the Property in September of 2020.5 At the time, the Property was encumbered
by a lease with Dirk Dole, owner of Atascadero RV Storage, who had operated on the Property for at
least eight years. That lease ended June 30, 2022, after which the Owner continued the business of
rental RV storage on the Property through the end of November 2022. The Owner then leased the
Property to Southern California Gas Company for outdoor storage from March through the end of
November 2023. After the Southern California Gas lease ended, the City told the Owner that it needed
apply for a CUP to continue the preexisting outdoor storage use on the Property.
The Owner was surprised to hear that a CUP would be required to continue a pre-existing use.
Nevertheless, in good-faith reliance on the City’s representation and in an effort to accommodate the
City’s request, the Owner applied for a CUP. Unfortunately, in that process the City took the position
that very costly public and private improvements, including extensive frontage improvements, were
required. These requirements constitute unconstitutional exactions that have no nexus or rough
proportionality to any impacts associated with issuance of a CUP on this Property for a pre-existing use.
Furthermore, over the past two years, (1) the Owner lost income from at least three potential tenants
of the Property because of the uncertainty over the Property’s status and (2) the Owner expended
significant funds pursuing a CUP that is not required as a matter of law.
II. The Owner Has a Vested Right to Continue the Property’s Nonconforming Use
Under well-established California precedent, a legal nonconforming use6—in this case outdoor storage
over 10,000 SF—is a vested property right. (McCaslin v. City of Monterey Park (1958) 163 Cal.App.2d
339, 347 [holding that a property owner who had established a legal nonconforming use could not be
compelled to discontinue that use by a zoning ordinance without due process of law].) The California
Supreme Court in County of San Diego v. McClurken (1951) 37 Cal.2d 683, 686 recognized that zoning
1 Per San Luis Obispo (“SLO”) County Assessor Records.
2 See Atascadero Building Permit BLD-2012-10499, 2013-10921.
3 See Atascadero Building Permit 2018-701.
4 Atascadero Building Permit BLD-2012-10403.
5 The Property was acquired September 10, 2020 via Grant Deed as document 2020049224 and subsequently
transferred to the Owner LLC in February 2021 via Grant Deed, recorded as document 2021010300 of official records
of SLO County.
6 “A legal nonconforming use is one that existed lawfully before a zoning restriction became effective and that is not
in conformity with the ordinance when it continues thereafter.” (Hansen Brothers Enterprises, Inc. v. Board of
Supervisors (1996) 12 Cal.4th 533, 540, fn. 1.)
Page 53 of 79
Erick Gomez, Planner
Kelly Gleason, Planning Manager
January 15, 2026
Page 3
36605578.3
ordinances typically exempt existing nonconforming uses because immediate termination would raise
constitutional concerns.
In Bauer v. City of San Diego (1999) 75 Cal.App.4th 1281, the City of San Diego attempted to terminate
a long-standing legal nonconforming use, a retail liquor store, after adopting an ordinance requiring a
conditional use permit for such businesses. Bauer’s store had operated lawfully for decades under prior
zoning regulations. The City argued that the nonconforming status was lost due to alleged non-use and
that Bauer now needed a CUP. (Id. at 1290.) The Court of Appeal rejected that argument, holding that
Bauer’s right to continue her established business was a vested property right that could not be
extinguished without due process—specifically notice and a public hearing. It further held that disputes
over alleged abandonment or non-use require procedural safeguards and cannot be resolved by
unilateral administrative action.
The same reasoning squarely applies here. The City asserts that the Owner’s nonconforming use of
outdoor storage was terminated due to alleged non-use, but that determination cannot lawfully occur
without constitutionally adequate notice and a public hearing. Like Bauer, the Owner’s use predates
the current zoning restrictions and has operated lawfully for years. The City’s attempt to take our
client’s vested legal nonconforming right to conduct an outdoor storage use on its Property and
unilaterally impose a CUP requirement based on an alleged lapse in the nonconforming use mirrors the
City of San Diego’s unconstitutional conduct in Bauer and is equally unlawful.
As described earlier in this letter, the Owner’s use has existed lawfully since before it purchased the
property in 2020, thus predating the current zoning restrictions.7 Termination or alteration of that
existing vested property right without notice and a hearing with presentation of evidence to justify the
City’s revocation of the vested property right violates the Owner’s right to due process. Thus, the City’s
assertion that the Owner must obtain a CUP to continue this use is unlawful because it effectively
extinguishes a vested right without the constitutionally required due process.8
III. The Owner Did Not Waive Its Right to Continue the Nonconforming Use
The Owner did not waive its constitutional rights by attempting to work with the City and submitting a
CUP application to comply with the City’s request. This was not a voluntary waiver of vested rights
7 As of 2016, via Ordinance 602, Vehicle and Equipment Storage of 10,000 SF or more was still an Allowed Use with a
Zoning Clearance in the Industrial Zone in the City of Atascadero. In 2021, the City adopted Ordinance 646 which
imposed a CUP requirement for Outdoor Vehicle and Equipment Storage. The Property’s legal nonconforming use was
established well before 2021.
8 Note that the noticed hearings that the City held in 2021 when adopting the Ordinance do not serve as the
particularized notice and hearing that are constitutionally required before the City can revoke the Owner’s vested legal
nonconforming right to conduct outdoor storage on this Property. The 2021 hearings simply adopted a new CUP
requirement applicable to properties seeking to establish a new outdoor storage use—they did not and could not
terminate any existing legal nonconforming outdoor storage uses.
Page 54 of 79
Erick Gomez, Planner
Kelly Gleason, Planning Manager
January 15, 2026
Page 4
36605578.3
because California law does not permit forfeiture of constitutional property rights absent clear and
intentional relinquishment, which did not occur here. (Roesch v. De Mota (1944) 24 Cal.2d 563 [defining
“waiver” as “the intentional relinquishment of a known right after knowledge of the facts”].) In Bauer,
the court rejected the City’s argument that the owner waived her vested rights by not challenging the
termination of her grandfathered nonconforming use pursuant to the City’s administrative process.
(Bauer, supra, 75 Cal.App.4th at 1291–1292.) Similarly, here the Owner attempted to work with the
City by applying for a CUP but never intentionally relinquished its longstanding nonconforming use
rights.
IV. The City’s Conduct During the CUP Application Process Also Violated the Owner’s Rights
Unfortunately, despite the Owner’s repeated good-faith attempts to work with the City in the CUP
process, the City has repeatedly asserted that it will require exorbitantly expensive public and private
improvements to issue a CUP, just to allow the Owner to continue the preexisting outdoor storage use.
Specifically, as a condition of recommending approval of the CUP to decisionmakers, City staff has stated
repeatedly that it will require the Owner to make public improvements including a curb, gutter, and
sidewalk along the entire frontage of Traffic Way and Buena, along with full road improvements on
Buena Avenue, landscaping, and other infrastructure improvements. Altogether, these improvements
are estimated to cost $700,000 or more.9 Considering that our client purchased the Property for
approximately $950,000 with a vested legal nonconforming right to do exactly the same use proposed
under the CUP, this raises serious constitutional concerns under the Nollan/Dolan framework. These
requirements are a classic example of unconstitutional “exactions” because the City is attempting to
require the Owner to either dedicate property interests or fund public improvements as a condition of
permit approval, which are manifestly unreasonable in scope, have no nexus to any supposed impacts
of the approval, and are grossly disproportionate. (Koontz v. St. Johns River Water Mgmt. Dist. (2013)
570 U.S. 595, 619.) Put simply, the City has repeatedly suggested that because the issuance of a CUP is
a discretionary approval, it may impose any conditions or exactions on this project that it pleases. It is
well-settled that such an attitude is contrary to the United States and California Constitutions.
Outdoor storage has existed on the Property for over a decade before the Owner applied to the City for
a CUP to permit the exact same use. There is no “new” impact associated with outdoor storage on the
Property. Because the CUP would not authorize a new use but merely recognize an existing vested
right, there are no incremental impacts to justify the conditions imposed. The proposed CUP does not
grant new entitlements or intensify land use; it simply formalizes what has long been permitted as a
matter of right. Under these circumstances, the City cannot reasonably claim that the continuation of
this use imposes additional burdens on public infrastructure or community resources. Without any
incremental impact, the constitutional foundation for imposing exactions is nonexistent.
9 See Attachment 2: cost estimates previously emailed to P. Dunsmore, N. DeBar and E. Gomez on August 18, 2025.
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Erick Gomez, Planner
Kelly Gleason, Planning Manager
January 15, 2026
Page 5
36605578.3
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By January 23, 2026, we respectfully request that the City immediately acknowledge in writing the
Owner’s vested right to continue the legal nonconforming use of outdoor storage and withdraw its
assertion that a CUP is required for continuing that use or my client will be forced to pursue other
avenues to protect its constitutional rights.
We appreciate your attention to this matter and look forward to your response.
Sincerely,
Beth A. Collins
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EXHIBIT C
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805.963.7000 main
1020 State Street
Santa Barbara, California 93101
Beth A. Collins
Attorney At Law
805.882.1419 direct
bcollins@bhfs.com
www.bhfs.com
Brownstein Hyatt Farber Schreck, LLP
January 30, 2026
VIA ELECTRONIC MAIL
Erick Gomez, Planner
Phil Dunsmore, Planning Director
Nick DeBar, Public Works
City of Atascadero Planning Department
6500 Palma Avenue
Atascadero, CA 93422
RE: Vested Right to Continue Legal Nonconforming Use at 4990 Traffic Way
APN 028-102-002
Dear Mr. Gomez, Mr. Dunsmore, and Mr. DeBar:
We are disappointed at the City’s failure to respond to our January 15, 2026 letter regarding the
property at 4990 Traffic Way—specifically the owner’s vested rights under law to continue the
longstanding legal nonconforming use of the property for outdoor storage. Because the City has refused
to engage with us on this issue, unfortunately, we must proceed to file a lawsuit challenging the City’s
illegal actions. If for some reason the City’s failure to respond to our prior letter was a mistake, and the
City does in fact wish to have a constructive dialogue about this issue, you should let us know
immediately.
Sincerely,
Beth A. Collins
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EXHIBIT D
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1
Malone, Caitlin K.
From:Phil Dunsmore <pdunsmore@atascadero.org>
Sent:Friday, January 30, 2026 6:19 PM
To:Malone, Caitlin K.; Erick Gomez; Nick DeBar
Cc:Collins, Beth A.; Hofer, Matthew L.; Andersen, Ginger C.
Subject:Re: Correspondence re 4990 Traffic Way (APN 028-102-002)
Follow Up Flag:Follow up
Flag Status:Completed
Hi Caitlin,
Thank you for reaching out. I am truly sorry that we have been unable to respond to the concerns stated in the
letter. Our legal team is currently reviewing the matter and we will be ready to respond by Monday. I am also happy
to meet or discuss at any time. This project, and an amicable solution for both of us, is very important to the City.
Phil Dunsmore, Community Development Director
CITY OF ATASCADERO
Community Development Dept.
6500 Palma Ave., Atascadero CA 93422
Direct (805) 674-5380 | Office (805) 461-5035
Direct Fax: (805) 470-3489 | Office Fax (805) 461-7612
www.atascadero.org
Dedicated to Atascadero’s character and safety by helping people plan and build quality projects
Service, Community, Quality of Life
From: Malone, Caitlin K. <CMalone@BHFS.com>
Sent: Friday, January 30, 2026 3:36 PM
To: Phil Dunsmore <pdunsmore@atascadero.org>; Erick Gomez <egomez@atascadero.org>; Nick DeBar
<ndebar@atascadero.org>
Cc: Collins, Beth A. <bcollins@bhfs.com>; Hofer, Matthew L. <mhofer@bhfs.com>; Andersen, Ginger C.
<gandersen@bhfs.com>
Subject: Correspondence re 4990 Traffic Way (APN 028-102-002)
Good afternoon,
Please see the attached further correspondence from Beth Collins’ office on behalf of 4990 Traffic Way, LLC
regarding the property located at 4990 Traffic Way in Atascadero, CA.
Caitlin K. Malone
Legal Practice Assistant
Brownstein Hyatt Farber Schreck, LLP
1020 State Street
Santa Barbara, CA 93101
805.882.1462 tel
CMalone@BHFS.com
WE HAVE MOVED: Our new address is: 1020 State Street, Santa Barbara, CA 93101
You don't often get email from cmalone@bhfs.com. Learn why this is important
Page 60 of 79
2
STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is
attorney privileged and confidential, intended only for the use of the individual or entity named above. If
the reader of this message is not the intended recipient, you are hereby notified that any dissemination,
distribution or copy of this email is strictly prohibited. If you have received this email in error, please
notify us immediately by calling (303) 223-1300 and delete the message. Thank you.
ATTENTION:
This email originated from outside the City's network. Use caution when opening links and attachments.
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ATTACHMENT 4: Email from Property Owner (08/18/2022) APL26-0020
SEE FOLLOWING PAGES
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ATTACHMENT 5: Business License Closure Email from Atascadero RV Storage APL26-0020
SEE FOLLOWING PAGES
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05/05/2026 | Item G1 | Staff Report
ATTACHMENT 6: 2021, 2023, 2024, 2025 Aerial Imagery
APL26-0020
Google Earth, 02/2021
Google Earth, 04/2023
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05/05/2026 | Item G1 | Staff Report
Google Earth, 05/2024
Google Earth, 06/2025
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