Atascadero City Zoning Code
CHAPTER 1
ENACTMENT, ADMINISTRATION, AND AMENDMENT
§ 9-1.101 Title and purpose.
This title is known as the Zoning Regulations of the City of Atascadero, Title 9 of the Atascadero Municipal Code. These regulations are established and adopted to protect and promote the public health, safety and welfare and provide a regulatory structure which:
(a)
Provides for the development of land uses in a manner that encourages and supports the goals and policies of the General Plan; and
(b)
Minimizes adverse effects on the public resulting from the inappropriate creation, location, use or design of building sites, structures, or other land uses by providing appropriate standards for development; and
(c)
Protects and enhances the unique and significant natural, historic, cultural and scenic resources within the City; and
(d)
Assists the public in identifying and understanding regulations affecting the development and use of the land.
(Ord. 68 § 9-1.101, 1983)
§ 9-1.102 Official zoning maps.
Those certain maps specifically identified, and duly noted thereon, as the Official Zoning Maps of the City of Atascadero as adopted by Ordinance No. 68 on June 27, 1983, including all amendments thereto are adopted pursuant to procedures set forth in this title.
(Ord. 68 § 9-1.102, 1983)
§ 9-1.103 Open space zoning.
The purpose of each of the following provisions, together with all other applicable provisions of this title, are consistent with the intent of the Open Space and Conservation Element of the Atascadero General Plan, and shall constitute the open space zoning pursuant to Section 65910 et seq., of the Government Code:
(a)
The Agriculture, Residential Suburban, Recreation, Special Recreation and Public Zoning Districts.
(b)
The Overlay Zoning Districts where applied for flood, geologic or related purposes.
(Ord. 68 § 9-1.103, 1983)
§ 9-1.104 Applicability of the zoning regulations.
(a)
Proposed Uses. The provisions of this title apply to all lots, buildings, structures and uses of land created, established, constructed or altered subsequent to the adoption of this title, unless specifically exempted by this section.
(b)
Existing Uses. The provisions of this title are not retroactive in their effect on a use of land lawfully established before the effective date of this title, unless an alteration, expansion or modification to an existing use is proposed which requires approval pursuant to this title. A use lawfully established before the effective date of this title shall become a nonconforming use subject to all applicable provisions of Chapter 9-7 unless the use is determined to be in compliance with all applicable provisions of this title.
(c)
Completion of Approved Uses. Nothing in this title shall require any change in the plans, construction or approved use of a building or structure for which a permit has been issued or a zoning approval has been granted before the effective date of this title, as follows:
(1)
Building Permits. Site work has progressed beyond grading and completion of structural foundations within 180 days after building permit issuance;
(2)
Zoning Approvals. Projects authorized through the approval of departmental reviews, conditional use permits, precise plans, variances, and development plans shall apply for construction permits within two years of the effective date of the approval of a conditional use permit, precise plan, variance, development plan, unless an extension of time granted such entitlements has been approved as provided under Section 9-2.117. Any project that was approved for phased construction may continue under the approved phasing schedule.
(Ord. 68 § 9-1.104, 1983; Ord. 524 § 2, 2008)
§ 9-1.105 Compliance with uses set forth in zoning districts required.
No new building or use of land shall be established and no application for such use or other permit required by this title shall be accepted for processing unless the proposed use is allowed in the zoning district where the proposed activity is to be located, except where otherwise provided by Chapter 9-7.
(Ord. 68 § 9-1.105, 1983)
§ 9-1.106 Compliance with standards required.
No use of land or buildings shall be established and no application for a use of land or buildings shall be approved unless the proposed land use or building satisfy all applicable standards of this title, except where otherwise provided by Chapter 9-7. No such application shall be approved where an existing land use or building is being maintained in violation of any applicable provision of this title, except where the purpose of the application is to correct the violation.
(Ord. 68 § 9-1.106, 1983)
§ 9-1.107 Fees required.
Any application filed with the Planning Department shall be accompanied by the required filing fee at the time of submittal. The required filing fee shall be determined by resolution of the City Council.
(Ord. 68 § 9-1.107, 1983)
§ 9-1.108 Administration of the zoning regulations.
This title shall be administered by the Planning Director. The responsibilities of the Planning Director under this title include the following functions, which may be carried out by such other persons as he or she may designate:
(a)
Application Processing. Receive and review all applications for projects; certify that applications submitted have been properly completed; establish permanent files; conduct site and project analyses; make environmental determinations; provide public notices; meet with applicants; collect fees; prepare reports; process appeals; present appropriate staff reports to the Planning Commission, City Council, and City Manager; and
(b)
Coordination. Refer and coordinate matters related to the administration of this title with other agencies and City departments; and
(c)
Amendment. Pursuant to Section 9-1.114, petition the Planning Commission or City Council to initiate amendment of this title when such amendment would better implement the General Plan and increase its effectiveness and/or improve or clarify the procedures or content of this title; and
(d)
Enforcement. Enforce and secure compliance with the provisions of this title pursuant to Chapter 9-8.
(Ord. 68 § 9-1.108, 1983)
§ 9-1.109 Rules of interpretation.
Any question about the interpretation or applicability of any provision of this title shall be resolved as provided by this section.
(a)
Effect of Provisions.
(1)
Minimum Requirements. The regulations and standards set forth in this title shall be considered minimum requirements, which are binding upon all persons and bodies charged with administering or enforcing this title.
(2)
Effect Upon Private Agreements. It is not intended that these regulations are to interfere with or annul any easements, covenants or other agreement between private parties. When these regulations impose greater restrictions than are imposed or required by other ordinances, rules, regulations, or by covenants, easements or agreements, these regulations shall control. When easements, covenants or other agreements between private parties impose greater requirements than are imposed by this title, it shall be the responsibility of the affected private parties to enforce the more restrictive regulations.
(b)
Language.
(1)
Construction. When used in this title, the words "shall," "will" and "is to" are always mandatory and not discretionary. The words "should" or "may" are permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural, and the plural the singular.
(2)
Time of Day. Whenever a certain hour or time of day is specified in this title, or any permit, condition of approval or notice issued or given as set forth in this title, such hour shall be standard time or day-light savings time, whichever is in current use.
(3)
Number of Days. Whenever a number of days is specified in this title, or in any permit, condition of approval or notice issued or given as set forth in this title, such number of days shall be deemed to be consecutive calendar days, unless the number of days is specifically identified as working days.
(4)
Rounding of Quantities. Whenever this title requires consideration of distances, numbers of dwelling units, parking spaces or other aspects of development expressed in numerical quantities that are fractions of whole numbers and this title uses such quantities in the form of whole numbers only, such numbers are to be rounded to the next highest whole number when the fraction is 1/2 or more, and to the next lowest whole number when the fraction is less than 1/2; provided, however, that quantities expressing areas of land are to be rounded only in the case of square footage, and are not to be rounded in the case of acreage.
(c)
Map Boundaries and Symbols. If questions arise about the location of any zoning district boundary, or the location of a proposed public facility, road alignment or other symbol or line on the official maps, the following procedures shall be used to resolve such questions:
(1)
Where a boundary is shown as approximately following a lot line, the lot line shall be considered to be the boundary.
(2)
Where a zoning district applied to a parcel of land is not shown to include an adjacent street or alley, the district shall be considered to extend to the centerline of the right-of-way.
(3)
Where a boundary is indicated as approximately following a physical feature such as a stream, drainage channel, topographic contour line, powerline, railroad right-of-way, street or alley-way, the location of the boundary shall be determined by the Planning Director, based upon the character of the particular feature used as a boundary.
(d)
Interpretations of Allowable Uses.
(1)
Where a proposed use of land is not specifically listed in a zoning district, the Planning Director will review the proposed use when requested to do so by letter and, based upon the characteristics of the use, determine which of the uses listed in the land use descriptions is equivalent to that proposed.
(2)
Upon a written determination by the Planning Director, or by the Planning Commission or City Council in an appeal, that a proposed unlisted use is equivalent in its nature and intensity to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what approvals are required and what standards affect its establishment.
(3)
Determinations that specific unlisted uses are equivalent to listed uses will be recorded by the Planning Department, and will be considered for incorporation into the zoning regulations.
(4)
At the discretion of the Planning Director, land use interpretation requests may be forwarded to the Planning Commission for determination. Negative determinations by the Planning Director may be appealed to the Planning Commission as set forth in Section 9-1.111.
(5)
In the event that a proposed use is found by the Planning Director, or by the Planning Commission or City Council in an appeal, to be not equivalent to any listed use, the proposed use shall not be allowed.
(Ord. 68 § 9-1.109, 1983)
§ 9-1.110 Public hearings.
When a public hearing before the Design Review Committee, Planning Commission, or the City Council is required by this title, such hearing shall be conducted as follows:
(a)
Notice of Hearing. Notice of a public hearing shall include the time and place of the hearing, a general description of the request, the location of the site, and any additional information which the Planning Director deems appropriate. Such notice shall be given at least 10 days before the hearing by first class mail with postage prepaid to all persons whose names and addresses appear on the last equalized assessment roll as owning property within 300 feet from the exterior boundaries of the parcel which is the subject of the hearing, except for projects in the RS zoning district which shall require that notices be sent to all such properties within a 1,000 feet from the exterior boundaries of the project site. Such notice shall also be published at least once at least 10 days before the hearing in a newspaper of general circulation, published and circulated in the City, or if there is none, it shall be posted in at least three public places in the City.
(1)
If the number of notices required is greater than 1,000, as an alternative to the notice required by Section 9-1.110(a), such notice shall be given at least 10 days prior to hearing by placing a display advertisement of at least 1/4 page in a newspaper of general circulation in the City or by placing an insert with any generalized mailing by the City, such as billing for City services, to property owners in the area required to be notified.
(2)
Persons filing a written request to receive any such notice shall be given notice by first class mail, A fee may be charged to recover the cost of such mailing.
(b)
Scheduling of Hearing. When an application has been accepted as complete for processing, received staff review, and a recommendation on the Environmental Determination or Environmental Impact Report has been completed, it shall be scheduled for public hearing on the next available Planning Commission agenda reserved for such matters. Appeals shall be scheduled on the Planning Commission or City Council agenda, as applicable, within 30 days of receipt of the appeal. A public hearing on an application or appeal may be continued to a date specific without providing additional notice.
§ 9-1.111 Appeal.
Decisions of the Planning Department may be appealed by an applicant, any aggrieved person, the Planning Commission, or the City Council, and/or individual members of the Planning Commission or City Council. Decisions of the Planning Commission may be appealed by an applicant, any aggrieved person, or the City Council, and/or any individual member of the City Council. An appeal shall be filed in writing, setting forth the reasons for the appeal. An appeal shall be accompanied by any fees required. Appeal fees shall not be required for appeals initiated by the Planning Commission, or City Council, or any individual members thereof.
When an appeal has been filed, accompanied by required fees, the Planning Director will prepare a report on the matter and determine a hearing date for the appeal for consideration by the appropriate body within 30 days of receipt of the appeal. The hearing body may affirm, affirm in part, or reverse the action, decision or determination which is the subject of the appeal, based upon findings of fact regarding the particular case. Such findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with the provisions of this title.
Appeals relating to matters which are resolvable through adjustment, variance or amendment of this title shall be processed according to the procedures of Sections 9-1.112, 9-1.113, 9-1.114 and 9-1.115, respectively.
(a)
Planning Department Actions. Determinations on the meaning or applicability of the provisions of this title which are believed to be in error, and cannot be resolved with staff, and any decision of the Planning Department to approve or deny an application may be appealed to the Planning Commission. The Planning Department shall provide the Planning Commission and City Council with notification of its actions. Appeals, accompanied by required fees, shall be filed with the Secretary of the Planning Commission within 14 days after the decision of the Planning Department. The appeal will be decided by the Planning Commission following a public hearing conducted in accordance with Section 9-1.110.
(b)
Planning Commission Decisions. Any decision of the Planning Commission may be appealed to the City Council by filing a letter of appeal accompanied by required fees with the City Clerk within 14 days of the action of the Planning Commission. The Planning Department shall provide the City Council with notification of Planning Commission actions. Appeals will be decided by the City Council following a public hearing conducted pursuant to Section 9-1.110.
(Ord. 68 § 9-1.111, 1983; Ord. 670, 3/12/2024)
§ 9-1.112 Administrative use permit.
An administrative use permit is intended to allow for public review of land use proposals which are not of sufficient magnitude or complexity to warrant a Planning Commission hearing, but which could have a noticeable impact in the neighborhood. It provides flexibility in the regulation of certain standards set forth in Chapters 9-4, 9-6, 9-14 and 9-15 of this title. This procedure ensures public review of proposed uses so that they will be compatible with existing or desired conditions in their neighborhoods.
(a)
When Allowed. When a standard of Chapter 9-4, 9-6, 9-14 or 9-15 identifies specific circumstances under which reduction or modification of the standards may be appropriate, an applicant may make application for an administrative use permit.
(b)
Application. An administrative use permit application shall be filed with the Community Development Department as an attachment to its respective project application, and shall include appropriate supporting materials. Supporting materials shall include, but not be limited to, a plot plan, written description of activities proposed, rationale for relaxation or modification of the applicable standard, and mailing labels with the names and addresses for all property owners located within 300 feet of the subject property. The hearing officer may require additional information as necessary.
(c)
Processing. The Community Development Department hearing officer shall hold a public hearing to review whether findings can be made to approve the application. Notice of the hearing shall be given to adjacent property owners as provided in Section 9-1.110.
Approval of the application may be made contingent upon conditions of approval. The applicant, or any aggrieved party, may appeal the hearing officer's decision and/or conditions of approval to the Planning Commission. The hearing officer's decisions shall be final unless appealed as provided in Section 9-1.111 of this title.
An additional fee shall not be charged if the application for administrative use permit is considered in conjunction with a plot plan, precise plan or conditional use permit.
(d)
Findings for Approval. An administrative use permit shall be approved only if the following findings are made in the affirmative by the hearing officer:
(1)
Modification of the applicable standard will not result in a project that is inconsistent with the General Plan;
(2)
Modification of the applicable standard will not result in a project that is inconsistent with the character of the immediate neighborhood or contrary to its orderly development;
(3)
Modification of the applicable standard will not result in a project that is not in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council;
(4)
Modification of the applicable standard will not result in the authorization of a use not otherwise allowed; and
(5)
Any other findings deemed necessary.
(Ord. 256 § 2, Exh. A, 1992; Ord. 614 § 4, 2017)
§ 9-1.113 Variance.
A variance from the application of the provisions of this title may be requested as follows:
(a)
Application. A written application for variance shall be filed with the Planning Department on the form provided, accompanied by all graphic information required for application processing, and any additional information necessary to explain the request. Acceptance of the application is subject to Section 9-2.102.
(b)
Notice and Hearing. Following acceptance of a variance application as complete and completion of a staff report, the Planning Commission will conduct a public hearing on the variance request. The notice and scheduling of the hearing shall be pursuant to Section 9-1.110.
(c)
Action on a Variance. The Planning Commission shall approve, approve subject to conditions, or disapprove a variance as set forth in this subsection. Such decision shall be final unless appealed to the City Council as set forth in Section 9-1.111.
(1)
Findings of Disapproval. Disapproval shall be made when the Planning Commission determines that the variance does not satisfy criteria set forth in Government Code Sections 65906 and 65096.5 by finding that:
(i)
The variance constitutes a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; or
(ii)
There are no special circumstances applicable to the property, including size, shape, topography, location, or surroundings, which would, upon application of this title, deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; or
(iii)
The variance would authorize a use which is not otherwise allowed in the zoning district; or
(iv)
The granting of such variance would, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, be materially detrimental to the public welfare, or be injurious to nearby property or improvements.
(2)
Findings of Approval. Approval or conditional approval shall be granted only when the Planning Commission determines that the variance satisfies the criteria set forth in Government Code Sections 65906 and 65906.5 by finding that:
(i)
The variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated: and
(ii)
There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and
(iii)
The variance does not authorize a use which is not otherwise authorized in the zoning district; and
(iv)
The granting of such variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements.
(3)
Conditions of Approval. In approving an application for variance, such conditions shall be adopted as are deemed necessary to enable making the findings set forth in Section 9-1.113(c)(2). Any change in the conditions of approval of a variance shall only be allowed after following all procedures undertaken for the original approval.
(Ord. 68 § 9-1.113, 1983)
§ 9-1.115 Text amendment.
This title may be amended whenever the City Council deems that public necessity, convenience, or welfare require.
(a)
Application. Text amendments may be initiated by:
(1)
The City Council or Planning Commission upon its own motion; or
(2)
The City Council or Planning Commission upon acceptance of a request from any interested party, including the Planning Director. Requests shall be in writing and shall include a description of the benefit to be derived as a result of the text amendment.
(i)
The City Council may refer a proposed text amendment to the Planning Director and/or Planning Commission for response prior to deciding whether to initiate the text amendment.
(b)
Planning Commission Notice and Hearing. The Planning Commission shall hold a public hearing on any proposed text amendment to this title after giving the public notice required by Section 9-1.110. The purpose of the hearing shall be to receive testimony from parties interested in the proposed text amendment, consider the recommendations of the Planning Director, and adopt a recommendation to the City Council. The Planning Commission shall submit a written recommendation to the City Council on the proposed amendment setting forth findings in support of the recommendation.
(c)
City Council Notice and Hearing. Upon receipt of the recommendation of the Planning Commission, the City Council shall hold a public hearing after giving the public notice required by Section 9-1.110. The City Council may approve, modify or disapprove the recommendation of the Planning Commission, provided that any modification of a proposed text amendment by the City Council not previously considered by the Planning Commission shall first be referred to the Planning Commission for report and recommendation. The Planning Commission is not required to hold a public hearing on such referral. Failure by the Planning Commission to report within 40 days after the referral shall be deemed approval of the proposed modification to the text amendment.
(Ord. 68 § 9-1.115, 1983)
§ 9-1.116 Zoning map amendment.
The official zoning map may be amended changing a property or properties from one zoning district to another whenever the City Council determines that public necessity, convenience or welfare require:
(a)
Application. Zoning map amendments may be initiated by:
(1)
The City Council or Planning Commission upon its own motion; or
(i)
The City Council may refer a proposed zoning map amendment to the Planning Director and/or Planning Commission for response prior to deciding whether to initiate the zoning map amendment.
(2)
The property owner, owner in escrow, or other designated representative of the owner.
(i)
A written application for a zoning map amendment shall be filed with the Planning Department on the form provided accompanied by all graphic information required for application processing, and any other information deemed necessary to explain the request. Acceptance of the application is subject to Section 9-1.102.
(b)
Planning Commission Notice and Hearing. The Planning Commission shall hold a public hearing on any proposed zoning map amendment after giving the public notice required by Section 9-1.110. The purpose of the hearing shall be to receive testimony from parties interested in the proposed zoning map amendment, consider the recommendations of the Planning Director, and adopt a recommendation to the City Council. The Planning Commission shall submit a written recommendation to the City Council on the proposed zoning map amendment setting forth findings in support of the recommendation.
(c)
City Council Notice and Hearing. Upon receipt of the recommendation of the Planning Commission, the City Council shall hold a public hearing after giving the public notice required by Section 9-1.110. The City Council may approve, modify or disapprove the recommendation of the Planning Commission, provided that any modification of a proposed zoning map amendment by the City Council not previously considered by the Planning Commission shall first be referred to the Planning Commission for report and recommendation. The Planning Commission is not required to hold a public hearing on such referral. Failure by the Planning Commission to report within 40 days after the referral shall be deemed approval of the proposed modification to the zoning map amendment.
(Ord. 68 § 9-1.116, 1983)
§ 9-1.117 Prezoning.
The prezoning of unincorporated territory adjacent to the City shall be accomplished in the manner set forth in Section 9-1.115, except that such prezoning shall not become effective until and unless the annexation becomes effective.
(Ord. 68 § 9-1.117, 1983)