Atascadero City Zoning Code

CHAPTER 3

ZONING DISTRICTS

§ 9-3.101 Purpose.

This chapter establishes zoning districts and overlay districts in order to separate incompatible land uses from each other by:

(a)

Providing different zoning districts for agricultural, residential, commercial, industrial, recreation and public uses;

(b)

Establishing the approval procedure necessary to establish certain land uses in various zoning districts; and

(c)

Delineating between various uses for the purpose of regulating the location, height, bulk, number of stories and size of buildings and structures; and, the use of lots, setbacks and open spaces; and, the inten-sity of land uses.

In so doing, it is intended to implement the General Plan adopted pursuant to Government Code Section 65300 et seq.

(Ord. 602 § 2, 2016)

§ 9-3.102 Zoning districts established.

The following zoning districts are established:

(a)

Agricultural and residential zoning districts:

(1)

Agriculture—A;

(2)

Residential Suburban—RS;

(3)

Residential Single-Family—RSF;

(4)

Limited Single-Family Residential—LSF;

(5)

Residential Multiple-Family—RMF.

(b)

Nonresidential zoning districts:

(1)

Commercial Neighborhood—CN;

(2)

Commercial Professional—CP;

(3)

Commercial Retail—CR;

(4)

Commercial Service—CS;

(5)

Commercial Tourist—CT;

(6)

Commercial Park—CPK;

(7)

Downtown Commercial—DC;

Downtown Office—DO;

Industrial Park—IP;

Industrial—I.

Public zoning districts:

(1)

Recreation—L;

(2)

Special Recreation—LS;

(3)

Public—P;

(4)

Open Space—OS.

(Ord. 602 § 2, 2016)

§ 9-3.103 Overlay districts established.

Overlay districts intended to protect public safety and the environment and to preserve scenic, cultural and historic resources are established as follows:

Overlay districts:

Flood Hazard—FH;

Geologic Hazard—GH;

Historic Site—HS;

Sensitive Resource—SR;

(5)

Planned Development—PD;

(6)

Emergency Shelters (ES) (9-3.501).

(Ord. 602 § 2, 2016)

§ 9-3.104 Symbols used.

(a)

Zoning Districts. The letter symbols listed after each zoning district in Section 9-3.102(a) through (c) shall be used to designate the location of various zoning districts on the official zoning maps (Section 9-1.102).

(b)

Overlay Districts. The letter symbols listed after each overlay district in Section 9-3.103(a) shall be appended to the base zoning district and be placed in parentheses thereafter to designate the location of various overlay districts on the official zoning maps (Section 9-1.102). Example: Residential Suburban as the base zone within a Flood Hazard and Geologic Hazard overlay area would show on the official zoning maps as RS (FH) (GH).

(c)

Density in Residential Multiple-Family Zoning District. A number specifying the maximum permitted number of dwelling units per net acre in multiple-family residential zoning districts shall be appended to the base zoning district to designate the density on the official zoning maps (Section 9-1.102).

Example: Residential multiple-family allowing 24 units per net acre within a Historic Site overlay area would show on the official zoning maps as RMF-24 (HS).

(d)

Minimum Lot Size in Residential and Agricultural Zoning District Areas. A symbol specifying the minimum lot size in acres in certain residential zoning districts shall be appended to the base zoning district and be placed following a hyphen thereafter where necessary to designate the minimum lot size on the official zoning maps (see Section 9-1.102).

Example: Residential Single-Family with a 1/2 acre minimum lot size in a Flood Hazard Overlay Zone would show on the official zoning maps as RSF-X(FH). Minimum lot size will not always be shown on the official maps especially in zoning districts where the minimum size is uniform, in circumstances where Chapter 9-6 establishes minimum sizes for some, but not all, uses within a zoning district, and where performance standards identified for certain zoning districts in this chapter are used to establish the minimum lot size.

(Ord. 602 § 2, 2016; Ord. 614 § 4, 2017)

§ 9-3.105 Off-site sale of new and used automobiles and trucks is prohibited.

In all zone districts, the off-site sale of new and used automobiles and trucks is unlawful. New and used automobile and truck sales must be conducted only at the permanent property address in the City of Atascadero listed for the dealership on its Department of Motor Vehicle dealer's license.

(Ord. 602 § 2, 2016)

§ 9-3.210 Intent.

This article lists the land uses that may be allowed within the agriculture and residential zoning districts established by Section 9-3.102 (Zoning Districts), determines the type of planning permit/approval required for each use, and provides basic lot size and development standards for specific zones.

(Ord. 602 § 2, 2016)

§ 9-3.220 Purposes of the agriculture and residential zoning districts.

The purposes of the individual agriculture and residential zoning districts and the manner in which they are applied are as follows:

(a)

A (Agriculture) Zoning District. This zone is established to protect, preserve and encourage agriculture on suitable land. The Agriculture Zone is intended to support and encourage the continuation of the Agricultural Preserve Program and the maintenance of productive open space.

(b)

RS (Residential Suburban) Zoning District. This zone is established to provide for large lot residential uses in areas outside the urban services line or in other areas where large lots are desirable to protect land uses and buildings subject to inundation, steep slopes or other hazards.

(c)

RSF (Residential Zoning Family) Zoning District. This zone is established to provide for single-family residential areas within the urban services line.

(d)

LSF (Limited Single-Family) Zoning District. This zone is established to provide for single-family residential areas within the urban services line where the raising of farm animals would not be allowable.

(e)

RMF (Residential Multifamily) Zoning District. This zone is established to provide for apartment, condominium, townhouse development, and other small lot residential products, where higher density residential development is desired within the urban services line.

(Ord. 602 § 2, 2016)

§ 9-3.230 Agriculture and residential district allowable land uses.

Table 3-1 identifies the uses of land allowed this Zoning Code in each agriculture and residential district, and the planning permit required to establish each use, in compliance with Section 9-1 and Section 9-2 of this code. Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this article may also apply.

Table 3-1 - Agriculture and Residential Land Uses Allowed Land Uses and Permit Requirements
Agriculture/Residential Zones	A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit CUP Conditional Use Permit Required □ Not Permitted
	Permitted Uses By Zone					Special Use Regulation(s)
	A	RS	RSF	LSF	RMF	Special Use Regulation(s)
Natural Resources and Processing
Resource Extraction	CUP	CUP				9-6.147—9.6-161
Residential Uses
Multifamily Housing					A	9-3.175
Manufactured Home/Mobile Home	A	A	A	A	A	9-6.143
Mobile Home Parks		CUP	CUP	CUP	CUP	9-6.142, 9-6.143
Organizational Houses		CUP	CUP	CUP	CUP	9-3.175
Residential Accessory Uses		A	A	A	A	9-6.106
Single-Family Dwelling		A	A	A	A	9-6.143, 9-6.184
Secondary Residential Units		A	A	A		9.5
Temporary Dwelling		A	A	A	A	9-6.175
Recreation, Education, and Public Assembly
Churches and Related Activities		CUP	CUP	CUP	CUP	9-6.121
Parks and Playgrounds		AUP	AUP	AUP	AUP
Schools		CUP	CUP	CUP	CUP	9-6.125
Schools - Business and Vocational		CUP	CUP	CUP	CUP	9-6.125
Temporary Events	A	A	A	A	A	9-6.177
Tourism, Lodging, and Dining
Bed and Breakfast		CUP	CUP	CUP	CUP
Services-Professional
Day Care - Small Family Day Care Home		A	A	A	A	9-6.125
Day Care - Large Family Day Care		A	A	A	A	9-6.125
Child Care Center		CUP	CUP	CUP	CUP	9-6.125
Kennels		CUP	CUP			9-6.111
Medical Extended Care Services, 6 Clients or Less		A	A	A	CUP	9-6.134
Medical Extended Care Services, 7 Clients or More		CUP	CUP	CUP	CUP	9-6.134
Residential Care, 6 Clients or Less		A	A	A	A	9-6.135
Residential Care, 7 Clients or More		CUP	CUP	CUP	CUP	9-6.135
RCFE - Assisted Living, 6 Clients or Less		A	A	A	A	9-6.135
RCFE - Assisted Living, 7 Clients or More		CUP	CUP	CUP	CUP	9-6.135
RCFE - Independent Living Center/Senior Apartments					CUP
RCFE - Retirement Hotel					CUP
Transportation, Infrastructure and Communication
Pipelines Utility Infrastructure	CUP	CUP	CUP	CUP	CUP
Utility Transmission Facilities	A	A	A	A	A
Wireless Communication Facilities	CUP	CUP	CUP	CUP	CUP

Zoning Districts Abbreviations
A - Agriculture	LSF - Limited Single-Family Residential
RS - Residential Suburban	RMF - Residential Multifamily
RSF - Residential Single-Family Residential

(Ord. 602 § 2, 2016; Ord. 614 § 4, 2017; Ord. 646 § 11, 2021; Ord. 670, 3/12/2024)

§ 9-3.240 Lot sizes.

New subdivisions and the densities of agriculture and residential development shall comply with the requirement for lot sizes in Sections 9-3.241 through 9-3.245.

(Ord. 602 § 2, 2016)

§ 9-3.241 Minimum lot size-A Zone.

The minimum lot size in the Agriculture Zone shall be established by the minimum area needed to maintain productive agricultural use of the property.

(Ord. 602 § 2, 2016)

§ 9-3.242 Minimum lot size-RS Zone.

The minimum lot size in the Residential Suburban Zone shall be two and one-half (2 1/2) acres and may range up to 10 acres depending upon conformance with performance standards established in this section.

(a)

Performance Standards. The following performance standards shall be evaluated for each lot in determining its minimum lot size:

(1)

Distance from the Center of the Community. Using the Atascadero Administration Building as the center of the community, the lot size factor based on this performance standard shall be:

Distance*	Lot Size Factor
0 — 8,000′	0.20
8,000′ — 10,000′	0.25
10,000′ — 12,000′	0.30
12,000′ — 14,000′	0.40
14,000′ — 16,000′	0.50
16,000′ — 18,000′	0.60
18,000′ — 20,000′	0.75
20,000′ +	0.90

*	To be measured as radial distance using map maintained in Planning Department.

(2)

Septic Suitability. Using generalized soils data from the Natural Resources Conservation Service Reports, the lot size factor based on this performance standard shall be:

NRCS Rating*	Lot Size Factor
Well suited	0.50
Moderate	0.75
Slow	1.00
Severe	1.50

*	Refer to map maintained in Community Development Department.

Percolation tests may be substituted for the Natural Resources Conservation Service Reports. These shall be prepared by a registered civil engineer or licensed sanitarian. The following conversion chart shall be used to determine the appropriate lot size factor:

Percolation Rating	Minutes Per Inch
Well suited	Less than 20
Moderate or slow	20 to 39
Slow	40 to 59
Severe	Greater than 60

(3)

Average Slope. Using the Basic, Sectional or Contour Measurement Method, the lot size factor based on this performance standard shall be:

Slope	Lot Size Factor
0 — 10%	0.50
11 — 20%	0.75
21 — 25%	1.00
26 — 30%	1.25
31 — 35%	1.75
36 — 40%	2.00
40% +	2.25

(4)

Condition of Access. Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be:

Condition	Lot Size Factor
City accepted road	0.40
Paved road, less than 15% slope	0.40
Paved road, greater than 15% slope	0.50
All-weather road, less than 15% slope	0.75
All-weather road, greater than 15% slope	1.00
Unimproved road, less than 15% slope	1.25
Unimproved road, greater than 15% slope	1.50

(5)

General Neighborhood Character. Using the average lot size of existing lots which are zoned for single-family residential use (except that lots larger than 15 acres shall be excluded unless they constitute more than 25% of the total number of lots) within a 1,500 foot radius, the minimum lot size factor based on this performance standard shall be determined by multiplying the average lot size by 0.2.

(b)

Determination of Minimum Lot Size. The minimum lot size shall be determined by the sum of each of the lot size factors for the performance standards set forth in subsection (a) of this section, however in no case shall the minimum lot size be less than two and one-half (2-1/2) acres in size.

(1)

The most current information shall be used to determine the lot size factor. Where information is not available, the Planning Director shall determine which lot size factor shall apply.

(2)

If more than one lot size factor can be applied to a lot, the less restrictive factor shall be used.

(3)

Lot size factors shall be based on conditions in existence at the time of filing an application unless information is included with the application which will alter a lot size factor.

(Ord. 602 § 2, 2016; Ord. 614 § 4, 2017)

§ 9-3.243 Minimum lot size-RSF Zone.

The minimum lot size in the Residential Single-Family Zone shall be 1/2 acre and may range up to two and one-half (2-1/2) acres. The size of a lot shall be consistent with the land use designation set forth in the General Plan and shall be indicated by the symbols set forth in the following chart, which shall be shown on the official zoning maps as provided by Section 9-3.104(d).

Symbol	Minimum Lot Size
X	1/2 acre net area (excluding land needed for street rights-of-way whether publicly or privately owned).
Y	1 acre gross area.
Z	1-1/2 to 2-1/2 acres gross based on performance standards set forth in this section.

(a)

Performance Standards. The following performance standards shall be evaluated for each lot which is appended with the "Z" symbol in determining its minimum lot size:

(1)

Distance from the Center of the Community. Using the Atascadero Administration Building as the center of the community, the lot size factor based on this performance standard shall be:

Distance*	Lot Size Factor
0—4,000′	0.08
4,000′—6,000′	0.10
6,000′—8,000′	0.12

*	To be measured as radial distance using map maintained in the Planning Department.

(2)

Septic Suitability. Using generalized soils data from the Natural Resources Conservation Service Reports, the lot size factor based on this performance standard shall be:

NRCS Rating*	Lot Size Factor
Well suited	0.30
Moderate or slow	0.50
Severe	0.70

*	Refer to map maintained in Community Development Department.

Percolation tests may be substituted for the Natural Resources Conservation Service reports. These shall be prepared by a registered civil engineer or licensed sanitarian. The following conversion chart shall be used to determine the appropriate lot size factor:

Percolation Rating	Minutes Per Inch
Well suited	Less than 20
Moderate	20 to 39
Slow	40 to 59
Severe	Greater than 60

(3)

Average Slope. Using the basic, sectional or contour measurement method, the lot size factor based on this performance standard shall be:

Slope	Lot Size Factor
0—20%	0.30
21—30%	0.50
31%+	0.70

(4)

Condition of Access. Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be:

Condition	Lot Size Factor
Paved with slope of less than 15% or City-accepted	0.15
Paved with slope of greater than 15%	0.20
All-weather surface with slope of less than 15%	0.25
All-weather surface with slope of greater than 15%	0.30
Unimproved surface	0.40

(5)

General Neighborhood Character. Using the average lot size of existing lots (except that lots larger than five acres shall be excluded unless they constitute more than 25% of the total number of lots) within a 1,000 foot radius, the minimum lot size factor based on this performance standard shall be determined by multiplying the average lot size by 0.2.

(b)

Determination of Minimum Lot Size. The minimum lot size shall be determined by the sum of each of the lot size factors for the performance standards set forth in subsection (a) of this section.

(1)

The most current information shall be used to determine the lot size factor. Where information is not available, the Planning Director shall determine which lot size factor shall apply.

(2)

If more than one lot size factor can be applied to a lot, the less restrictive factor shall be used.

(3)

Lot size factors shall be based on conditions in existence at the time of filing an application unless information is included with the application which will alter a lot size factor.

(Ord. 602 § 2, 2016; Ord. 614 § 4, 2017)

§ 9-3.244 Minimum lot size-LSF Zone.

The minimum lot size in the Limited Residential Single-Family Zone shall be 20,000 square feet with sewer, 1/2 acre where sewer is not available and may range up to two and one-half (2-1/2) acres. The size of a lot shall be consistent with the land use designation set forth in the General Plan and shall be indicated by the symbols set forth in the following chart, which shall be shown on the official zoning maps as provided by Section 9-3.104(d).

Symbol	Minimum Lot Size
X	1/2 acre net area (excluding land needed for street rights-of-way whether publicly or privately owned).
Y	1 acre, when sewers are available. 1-1/2 acres, when sewers are not available.
Z	1-1/2 to 2-1/2 acres based on performance standards set forth in this section.

(a)

Performance Standards. The following performance standards shall be evaluated for each lot which is appended with the "Z" symbol in determining its minimum lot size:

(1)

Distance from the Center of the Community. Using the Atascadero Administration Building as the center of the community, the lot size factor based on this performance standard shall be:

Distance*	Lot Size Factor
0—4,000′	0.08
4,000′—6,000′	0.10
6,000′—8,000′	0.12

*	To be measured as radial distance using map maintained in the Planning Department.

(2)

Septic Suitability. Using generalized soils data from the Natural Resources Conservation Service Reports, the lot size factor based on this performance standard shall be:

NRCS Rating*	Lot Size Factor
Well suited	0.30
Moderate or slow	0.50
Severe	0.70

*	Refer to map maintained in Community Development Department.

Percolation Rating	Minutes Per Inch
Well suited	Less than 20
Moderate	20 to 39
Slow	40 to 59
Severe	Greater than 60

(3)

Average Slope. Using the Basic, Sectional or Contour Measurement Method, the lot size factor based on this performance standard shall be:

Slope	Lot Size Factor
0—20%	0.30
21—30%	0.50
31%+	0.70

(4)

Condition of Access. Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be:

Condition	Lot Size Factor
Paved with slope of less than 15% or City-accepted	0.15
Paved with slope of greater than 15%	0.20
All-weather surface with slope of less than 15%	0.25
All-weather surface with slope of greater than 15%	0.30
Unimproved surface	0.40

(5)

(b)

Determination of Minimum Lot Size. The minimum lot size shall be determined by the sum of each of the lot size factors for the performance standards set forth in subsection (a) of this section.

(1)

The most current information shall be used to determine the lot size factor. Where information is not available, the Planning Director shall determine which lot size factor shall apply.

(2)

If more than one lot size factor can be applied to a lot, the less restrictive factor shall be used.

(3)

Lot size factors shall be based on conditions in existence at the time of filing an application unless information is included with the application which will alter a lot size factor.

(Ord. 602 § 2, 2016; Ord. 614 § 4, 2017)

§ 9-3.245 Minimum lot size-RMF Zone.

The minimum lot size in the Residential Multiple-Family Zone shall be 1/2 acre. Smaller lot sizes may be allowed for planned residential developments, including condominiums and mobilehome developments, provided that the overall density within the project conforms with Section 9-3.252. There shall be no minimum lot size for lots designed consistent with the small lot subdivision standards as set forth in Section 9-4.130(l)(9) (Small Lot Subdivisions).

(Ord. 602 § 2, 2016; Ord. 671, 6/25/2024)

§ 9-3.250 Density.

New residential subdivisions and the density of residential development shall comply with the requirements of Sections 9-3.251 through 9-3.259.

(Ord. 602 § 2, 2016)

§ 9-3.251 Density-Agriculture and single-family residential zones.

New residential subdivisions and the density of residential development shall comply with the following for single-family residential zones:

(a)

A (Agriculture). A maximum of one single-family residence. Additional housing for agriculture employees may be permitted, consistent with this Municipal Code.

(b)

RS (Residential Suburban). A maximum of 0.1 to 0.4 units per gross acre. A second unit may be permitted consistent with Chapter 9-5 of this Zoning Ordinance.

(c)

RSF-Z/LSF-Z. A maximum of one unit per gross acre. A second unit may be permitted consistent with Chapter 9-5 of this Zoning Ordinance.

(d)

RSF-Y/LSF-Y. A maximum of one unit per gross one-half acre. A second unit may be permitted consistent with Chapter 9-5 of this Zoning Ordinance.

(e)

RSF-X/LSF-X. A maximum of four residential units per net acre, with approval of a Planned Development. Overlay zones with innovative design concepts, as approved by the City Council. A second unit may permitted consistent with Chapter 9-5 of this Zoning Ordinance.

(Ord. 602 § 2, 2016)

§ 9-3.252 Density-RMF Zone.

The allowable base density in the Residential Multiple-Family Zone shall be designated on the official zoning maps as provided by Section 9-3.104(c) and be consistent with the General Plan for new residential subdivisions as follows, provided that no minimum density is required for parcels of one-half acre or less:

(a)

Areas Designated Low Density Multiple-Family Residential. The minimum number of dwelling units per net acre is two. The maximum number of dwelling units per net acre is 10.

(b)

Areas Designated High Density Multiple-Family Residential.

(1)

Base Density. The minimum number of dwelling units per net acre is 20. The maximum number of dwelling units per net acre is 24.

(2)

To encourage smaller units that are affordable by design, maximum density may be calculated based on unit size.

(c)

Fractional Density. To encourage smaller units that are affordable by design, maximum density may be calculated based on unit size. Fractional density shall not be used to determine minimum density.

(1)

Calculation. The following density unit value attributed to unit sizes may be used for the purpose of calculating multi-unit maximum development density allowed on a high-density multifamily zoned parcel:

(i)

Units up to 600 square feet = one half (0.50) unit.

(ii)

Units of 601 square feet up to 1,000 square feet = two thirds (0.66) unit.

(iii)

Units over 1,000 square feet = one unit.

(2)

Rounding. Maximum residential development potential shall be the net lot area (in whole and fractional acres), multiplied by the maximum density allowed. The resulting number (in density units, carried out to the nearest one hundredth [0.01] unit) shall be the maximum residential development potential. For example, when a calculation results in a density of 4.74 units, up to 9 units that are less than 600 square feet in size would be permitted; when a calculation results in a density of 4.75 units, up to 10 units less than 600 square feet in size would be permitted). Any combination of dwelling types and numbers may be developed, so long as their combined density unit values do not exceed the maximum potential. The rules of rounding stated in this section for fractional density shall supersede the rules of rounding stated in Section 9-1.109(b)(4).

(3)

For all regulations other than maximum density, (e.g., parking requirements, minimum density etc.), regulations shall be based on the number of units, not based on the number of fractional density units.

(d)

Hillside Density Standards. The densities permitted by subsections (a), (b), and (c) of this section shall be modified to the following base densities (prior to any fractional density calculation) based on site topography, as follows:

Average Slope	Low Density Multiple-Family (units/acre)	High Density Multiple-Family (units/acre)
Average Slope	Low Density Multiple-Family (units/acre)	Minimum	Maximum
0—10.99%	10	20	24
11—15.99%	7	14	17
16—20.99%	5	10	12
21—25.99%	3	6	7
26—30.0%	2	4	5
> 30%	1	2	2

(e)

For medical extended care services, where residents are primarily non-ambulatory, the following maximum bed/net acre densities may be permitted:

RMF-10 District	34 beds/net acre
RMF-24 District	55 beds/net acre

Such approval shall require a finding that the average daily traffic generated by the project would not exceed that of a multifamily project. The project must also meet all property development standards and objective design standards of this code pertaining to multifamily developments and all pertinent code sections.

(f)

Sewer Service. Sewer service and the inclusion of property within the urban services line (USL) shall be a prerequisite to developing multiple-family projects to the density standards of the RMF zone.

(g)

Density Bonus. A density bonus and/or development concessions or waivers may be granted consistent with Sections 9-3.801 through 9-3.806.

(Ord. 602 § 2, 2016; Ord. 614 § 4, 2017; Ord. 671, 6/25/2024)

§ 9-3.260 Property development standards.

New land uses, structures, and alterations to existing land uses and structures shall be designed, constructed and established in compliance with the Sections 9-3.261 through 9-2.269, in addition to applicable standards (e.g., landscaping, parking, fencing, etc.) in Chapter 9-4 of this title.

(Ord. 602 § 2, 2016)

§ 9-3.262 Property development standards-RMF.

In addition to the standards specified in Chapter 4 of this title, General Site Design and Development Standards, the following development standards shall apply to all residential projects of two or more units, including those projects that utilize modular units, mobile homes, or stock plans:

(a)

(Reserved)

(b)

Enclosed Storage - Accessible from Exterior. Each dwelling unit must be provided a minimum of 130 cubic feet of enclosed storage space, exclusive of closets located within units. Enclosed storage must provide an exterior entrance and may be located in either a principal or accessory building. Storage space for each unit or a portion thereof may be combined for the provision of bicycle parking and storage. All bicycle parking/storage must meet the following standards:

(1)

Bicycle parking/storage must be enclosed, lockable, and located within the residential or accessory building on the ground floor unless the building includes elevator access to upper floors.

(2)

Bicycle parking/storage must provide a minimum of one 110-volt electrical outlet and an additional outlet per 10 bicycle parking spaces for charging electric bicycles.

(3)

Bicycle parking/storage racks must be designed to allow the user to lock the bicycle to the rack and keep at least one bicycle wheel on the ground or provide a means for the user to roll the bicycle onto a rack and lift it up to a second level.

(c)

Outdoor Recreation or Gathering Areas.

(1)

Size and Type of Open Space. Outdoor recreational or gathering open space must be provided at a ratio of 200 square feet per unit.

(i)

Two-, three-, or four-unit projects must provide outdoor space as: (1) a private amenity designed for exclusive use of a dwelling unit; or (2) as common open space provided that no individual common open space area is less than 400 square feet; or (3) a combination of private and common open space provided no individual common open space is less than 400 square feet.

(ii)

For developments of five to 9 dwelling units, outdoor space must be provided as common open space or a combination of private and common areas, provided no more than 50% of the open space is private and no common open space is less than 800 square feet.

(iii)

For developments of 10 or more dwelling units, outdoor open space shall be provided as common open space or a combination of private and common areas, provided no more than 50% of the open space is private and no common open space is less than 1,000 square feet. Open space may include upper floor private or common gathering spaces.

(2)

Private Open Space Standards. Any private outdoor open space used to satisfy subsection (c)(1) must meet the following standards:

(i)

Minimum dimensions must be six feet (width and depth) in any direction.

(ii)

The private open space must be adjacent to, and directly accessible from, the residential unit being served.

(3)

Common Open Space Standards. Any common open space areas used to satisfy subsection (c)(1) must meet the following standards:

(i)

Minimum dimensions must be 10 feet (width and depth) in any direction.

(ii)

May be located at grade, on an upper floor terrace or courtyard, or a building rooftop, in the form of a roof deck.

(iii)

May not be located in drainage basins with a depth of two feet or greater, areas without a flat bottom, and/or areas not accessible via pedestrian paths or trails to the units being served.

(4)

Common Open Space - Required Amenities. All projects shall incorporate the number of common open space amenities indicated in Table 9-3.262-1, choosing from the options listed in respective subsections (i), (ii), and (iii) below.

Table 9-3.262-1: Minimum Number of Required Common Open Space Amenities by Project Size
Project Size	Tier 1	Tier 2	Tier 3
2-4 units	1	1	1
5-9 units	1	2	1
10+ units	1	2	2

(i)

Tier 1 Amenities. Projects must incorporate, at a minimum, the number of open space amenities identified in Table 9-3.262-1 for Tier 1, choosing from the following list of amenities:

Open space that is designed as a courtyard entry for three or more units that is physically separated from the parking area and directly accessible from, and oriented towards, a public street with a pedestrian pathway. For flag lots, the courtyard and pedestrian connection must be oriented to a shared parking lot.

Shade covering a minimum of 50% of the outdoor common open space, which must include at least one canopy tree and may also be supplemented with shade covers.

Art installation, such as sculpture, murals, or water features. A mural must measure at least 120 square feet; sculptures (including any decorative base) and water features must have a minimum cumulative footprint of 25 square-feet and must be part of a communal amenity space.

Preservation of an on-site native tree, heritage tree, as defined in Chapter 9-11 (Native Tree Regulations), or other healthy, mature tree, defined as a non-protected tree with a diameter-at-breast-height (DBH) of 12 inches or greater.

(ii)

Tier 2 Amenities. Projects must incorporate, at a minimum, the number of open space amenities identified in Table 9-3.262-1 for Tier 2, choosing from the following list of amenities:

Fixed or movable seating or outdoor dining areas such as picnic-style tables, at a ratio of no less than one seat per unit with a maximum of 15 seats per project.

An enclosed, off-leash dog run/relief/wash area that includes signage, pet waste bag, and disposal receptacle(s), and potable water connection for dog bowl refilling and dog wash capabilities.

Children's play area, subject to the following:

Projects of less than three units: at least one piece of permanent play equipment designed for children of all abilities and ages.

Projects of five to nine units: at least two pieces of permanent play equipment designed for children of all abilities and ages, or the equivalent in size, scale, and recreation diversity.

Projects of 10 or more units: at least four pieces of permanent play equipment designed for children of all abilities and ages, or the equivalent in size, scale, and recreation diversity.

Sports court or other outdoor activity stations (ping pong, etc.).

Pool or spa.

Outdoor kitchen, subject to the following:

Equipment must be located at least 20 feet from adjacent existing or proposed residential units.

Barbeque with a permanent natural gas line installed.

A sink with waste line must be provided.

An electrical outlet must be provided within the gathering space.

Fire pit with permanent natural gas line installed located at least 20 feet from adjacent existing or proposed residential units surrounded by hardscape that allows for seating.

Patio area with a minimum 150 square feet and minimum dimension of 10 feet in any direction, constructed with decorative pavers or stamped/colored concrete without steps or grade changes more than five percent. Up to 50 square feet of the required area may be occupied by plantings and landscaping either in ground or potted.

Preservation of 25% of existing mature tree canopy over the entirety of the project site based on recommendations of a qualified arborist.

(iii)

Tier 3 Amenities. Projects must incorporate, at a minimum, the number of open space amenities identified in Table 9-3.262-1 for Tier 3, choosing from the following list of amenities:

Vertical landscaping, either climbing or cascading vines or plants.

Community garden, which must include the following:

At least one potable water connection and irrigation to all gardening areas;

One potting station, including a table no less than two feet by four feet;

One compost bin; and

One tool storage structure that is either designed to match the main structure's appearance or is placed behind a principal building and designed and constructed with agrarian appearance, and sized adequately to contain gardening tools.

Flowering plants or edible landscape.

One hundred percent native, drought-tolerant plants and habitat, unless combined with edible landscape, in which case at least 75% must be native, drought-tolerant plants, with the remainder edible landscape.

Interpretive or educational information about geography, history, ecology, or indigenous history.

Nature trail measuring no less than one quarter mile in length, defined as a path through undeveloped (no buildings, pavement, or utilities), vegetated areas, used for walking and seeing plants and wildlife.

(5)

Open Space Area - Additional Standards and Restrictions. Private and common open space areas intended to comply with subsection (c)(1) must meet the following standards:

(i)

Except for trails, required open space areas must be located in a flat or terraced area of six percent slope or less;

(ii)

Required open space areas must not be met with areas designed primarily as walkways to doors, or other areas that cannot accommodate people gathering and/or are meant for a different purpose (such as a passageway); and

(iii)

If located in a primary, secondary, or corner street setback, open space use areas must be set back at least five feet from the property line/edge of right-of-way.

(d)

Open Space Reductions. Open space requirements may be reduced as follows:

(1)

Up to 25% of the required open space (subsection (c)(1)) may be reduced if the project site is located within 1,000 feet of a publicly accessible park, or up to 50% if located within 500 feet of a publicly accessible park.

(2)

For developments of 50 units or more, up to 25% of the open space area may be satisfied with an indoor recreation area measuring at least 2,000 square feet and directly accessible to an outdoor common area.

(e)

Transition Zones Adjacent to Single Family. See 9-4.130(j) (Transition to Abutting Rural and Single Family Uses).

(f)

Laundry Facilities. Laundry facilities must be provided in the form of either: (1) laundry hook-ups within each individual dwelling unit; or (2) a shared laundry facility equipped with washers and dryers at a ratio of one washer and dryer for every six units.

(g)

Maintenance Requirement. The site must be maintained and kept clear of any debris or storage including construction debris, unless part of an active, approved construction permit. All finishes, structures, paved areas, and landscaping must be repaired or replaced as needed. Any dead or non-thriving landscaping must be immediately replaced. All landscaping required for screening of any use, structure, or utility/mechanical equipment must be maintained at a height and density to achieve maximum screening while appearing groomed and orderly. Irrigation systems must be maintained to ensure long-term viability of the planted areas. All site lighting must remain in good working order. Movable furniture or amenities must be replaced by the owner when damaged. All frontage or on-site trees must be maintained in a manner that allows the tree to grow to its full natural height and natural canopy. No growth suppressants are permitted that result in stunting or modifying the natural growth pattern of the tree. Should such trees be maintained contrary to this condition, the owner will be responsible for replacement.

(1)

RMF-24 properties identified in the Housing Site Inventory of the General Plan Housing Element shall be permitted "by right" and will not be subject to conditional use permit. Proposed planned development projects or other relief from property development standards on these parcels shall be subject to discretionary review per the requirements of the municipal code.

(Ord. 602 § 2, 2016; Ord. 614 § 4, 2017; Ord. 646 § 11, 2021; Ord. 671, 6/25/2024)

§ 9-3.310 Intent.

This article lists the land uses that may be allowed within primarily nonresidential zoning districts established by Section 9-3.102 (Zoning Districts), determines the type of planning permit/approval required for each use, and provides basic lot size and development standards for specific zones.

(Ord. 602 § 2, 2016)

§ 9-3.320 Purposes of the nonresidential zoning districts.

The purposes of the individual nonresidential zoning districts and the manner in which they are applied are as follows:

(a)

CN (Commercial Neighborhood) Zoning District. This zone is established to provide for small scale retail shopping and personal service facilities at the neighborhood level. The Commercial Neighborhood Zone is situated and designed to serve the limited shopping and service needs of the immediately surrounding residential area.

(b)

CP (Commercial Profession) Zoning District. This zone is established to provide for offices and limited retail shopping and personal service facilities along arterials and major collectors. The Commercial Professional Zone is situated to serve streets with higher traffic volumes while also serving to provide a compatible transition between such streets and adjacent single-family residential areas.

(c)

CR (Commercial Retail) Zoning District. This zone is established to provide for a wide range of commercial uses to accommodate most of the retail and service needs of the residents of the City and surrounding areas.

(d)

CS (Commercial Service) Zoning District. This zone is established to provide for light manufacturing and large lot service commercial needs of the residents of the City and surrounding areas.

(e)

CT (Commercial Tourist) Zoning District. This zone is established to provide for limited commercial uses intended primarily to serve the public traveling along Highway 101.

(f)

CPK (Commercial Park) Zoning District. This zone is established to provide for large lot commercial and light manufacturing uses. It is intended that special attention be given to providing for comprehensive development plans to achieve appropriate functional relationships between various uses and preclude "piecemeal" development of existing larger lots.

(g)

DC (Downtown Commercial) Zoning District. The Downtown Commercial (DC) Zoning District is intended to enhance the economic viability and pedestrian-oriented character of the downtown by encouraging a wide range of retail shops, including artisan craft sales and production; restaurants, entertainment facilities, lodging, and nonautomotive services (banks, health care, etc.). First floor office uses are allowed with storefront and signage appearance review and approval of the Design Review Committee (DRC); however, office uses are encouraged to locate on upper floors leaving prime first floor spaces available for retail and restaurant spaces; and residential uses on upper floors.

(h)

DO (Downtown Office) Zoning District. The Downtown Office (DO) Zoning District is intended to apply to properties that border the DC District, where a wide variety of professional and other office uses will encourage a weekday pedestrian flow that can take advantage of the restaurant and shopping opportunities in the overall downtown area.

(i)

IP (Industrial Park) Zoning District. This zone is established to provide for the light manufacturing and large lot service commercial needs of the residents of the City and surrounding areas.

(j)

I (Industrial) Zoning District. This zone is established to provide suitable locations for heavy manufacturing and industrial uses within the City.

(Ord. 602 § 2, 2016)

§ 9-3.330 Nonresidential district allowable land uses.

Table 3-2 - Nonresidential Use Table Allowed Land Uses and Permit Requirements
Nonresidential Zones	A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required □ Not Permitted
	Permitted Uses By Zones										Special Regulation(s)
	CN	CP	CR	CS	CT	CPK	DC	DO	IP	I	Special Regulation(s)
Accessory Storage		A⁴	CUP⁴	A⁴	CUP⁴	CUP⁴			A⁴	A⁴	9-6.103
Adult Day Care Facility	A	A	A					CUP
Adult Oriented Business			A	A					A	A	9-16
Age Restricted Housing							CUP
Agricultural Produce Stands	A	A			A	A					9-6.117
Amusement Services		A	A	A		A	A			A
Animal Hospitals		CUP⁷	CUP	A		CUP					9-6.110
Artisan Foods and Products			A	A		A	A⁵		A	A
ATM	A	A	A	A	A	A	A	A	A	A
Auto Dealers (New and Used) and Supplies			CUP	CUP	CUP	CUP	CUP				9-6.163
Auto Repair and Services			CUP	A	A	CUP			A	A	9-6.168
Bar/Tavern			CUP		CUP	CUP	A
Bed and Breakfast			CUP	CUP	CUP	CUP
Brewery - Production				CUP		CUP			A	A
Broadcast Studios			A	A
Building Materials and Hardware w/outdoor sales or storage area 10,000 sf or greater		CUP	CUP	CUP		CUP		CUP	CUP	CUP	9-6.165
Building Materials and Hardware w/outdoor sales or storage area less than 10,000 sf		A	A	A		A			A	A	9-6.165
Business Support Services		A	A	A		A	A	A	A	A
Caretaker's Residence/Employee Unit		CUP	CUP	CUP
Childcare Center	A	A	A					CUP			9-6.125
Churches and Related Activities		CUP	CUP								9-6.121
Collection Stations	A⁴	A⁴	A⁴	A⁴	A⁴	A⁴			A⁴	A⁴	9-6.130
Contract Construction Services (Indoor)				A		A				A	A
Contract Construction Services (Outdoor)				CUP					CUP	CUP
Data and Computer Services Center		AUP		AUP		CUP			A	A
Day Care
Drive-Through Sales or Services	CUP	CUP	CUP	CUP	CUP	CUP					9-4.122
Eating and Drinking Places	A	A	A	A	A	A	A	A	A	A
Extended-Occupancy Hotel/Motel		CUP	AUP	AUP	AUP		CUP				9-6.186
Farm Equipment and Supplies w/outdoor storage or sales area 10,000 sf or greater			CUP	CUP		CUP			CUP	CUP
Farm Equipment and Supplies w/outdoor storage or sales area less than 10,000 sf			A	A		A			A	A
Farmers' Market	CUP	CUP	CUP		CUP	CUP	A	A
Financial Services and Banks	A	A	A	A	A	A	CUP	A
Fuel Dealer				A⁴		CUP			A⁴	A⁴	9-6.129
General Retail	A⁴	A⁴	A⁴	A⁴	A⁴	A⁴	A⁴
General Retail Greater than 50,000 sf	CUP	CUP	CUP	CUP	CUP	CUP	CUP
Government Offices and Facilities		A	A	A	A	A	A	CUP⁹	A	A	A
Health Care Services			A	A	CUP	A	CUP⁹	A
Horticultural Specialities w/outdoor storage or sales area 10,000 sf or greater		CUP	CUP	CUP	CUP	CUP			CUP	CUP	9-6.116
Horticultural Specialties w/outdoor sales or storage area less than 10,000 sf		A	A	A	A	A					9-6.116
Hotels, Motels		CUP	A	A	A		CUP
Indoor Recreation Services		CUP	CUP	CUP	A	A	CUP		CUP	CUP
Kennels			CUP	A							9-6.111
Large Family Day Care		CUP⁸	CUP⁸								9-6.125
Large Scale Ag Manufacturing				CUP					CUP	A	9-6.103
Laundries and Dry Cleaning Plants				A		A			A	A
Laundromat/Coin-Operated Laundry	CUP	CUP	CUP	CUP	CUP	CUP			A	A
Libraries, Museums		A	A	A	A		A	A
Live/Work Unit							A¹
Manufacturing and Processing - High Intensity⁴				CUP		CUP			AUP	AUP
Manufacturing and Processing - Low Intensity		CUP	CUP	A		A			A	A
Medical Extended Care Services: 6 Residents or Less	CUP	CUP	CUP	CUP	CUP	CUP					9-6.134
Medical Extended Care Services: 7 Residents or More			CUP								9-6.134
Medical Research		CUP		A		A		CUP	A	A
Membership Organizations			A	A		CUP	CUP
Microbrewery - Brewpub	A	CUP	A	A	A	A	A	A	A	A
Mini-Storage				CUP		CUP			A	A
Mobile Eating and Drinking Vendors⁶	A	A	A	A		A	A		A	A
Mixed-Use	CUP¹	CUP¹	CUP¹	CUP¹			A¹	A¹			9-3.331
Mortuary Services			A	A					A	A
Multifamily Dwelling	CUP²	CUP²	CUP²	CUP²							9-3.262
Offices	A	A	A	A	A	A	CUP⁹	A
Outdoor Recreation Services			CUP	CUP	A	AUP					9-6.123
Parking Lots	AUP	AUP	AUP	AUP	AUP	AUP	AUP	AUP	AUP	AUP
Parks and Playgrounds							A	A
Personal Service Restricted				A	CUP	CUP
Printing and Publishing		CUP	CUP			A⁴			A⁴	A⁴
Public Assembly and Entertainment			CUP	CUP	A	CUP	CUP
RCFE — Assisted Living			CUP								9-6.135
RCFE — Independent Living/Senior Apartments	CUP		CUP	CUP							9-6.135
RCFE — Retirement Hotel	CUP		CUP	CUP							9-6.135
Recreational Vehicle Parks					A						9-6.180
Recycling and Scrap									CUP	CUP	9-6.131
Recycling Centers									CUP	CUP	9-6.132
Research and Development		CUP		A		A	CUP	A	A	A
Residential Care: 6 Residents or Less							A²	A²			9-6.135
Retail Sales - Restricted				A	CUP	CUP
Sales Lots					CUP	CUP			CUP	CUP	9-6.139
Schools		A	A	A			CUP	CUP			9-6.125
Schools — Business and Vocational		A	A	A		A	CUP	CUP	CUP	CUP	9-6.125
Service Stations	CUP		CUP	CUP	CUP						9-6.164
Single-Family Dwelling								A¹	A¹
Single-Room Occupancy Units			CUP								9-6.184
Small Family Day Care		A⁸	A⁸	A⁸		A⁸	A⁸
Social and Service Organizations		A	A	A
Sports Assembly			CUP	CUP	A
Storage, Recycling and Dismantling of Vehicles and Material				CUP					CUP	CUP	9-6.131
Tasting Room	A	CUP	A	A	A	A	A	A	A	A
Telecommunication Facility	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP
Temporary Events	A/CUP³	CUP	A/CUP³	A/CUP³	A/CUP³	A/CUP³	A/CUP³	A/CUP³	A	A	9-6.177
Temporary Offices		A	A	A							9-6.176
Temporary or Seasonal Sales	A	A	A	A	A	A	A		A	A	9-6.174
Transit Stations			CUP	CUP	A	CUP	CUP	CUP	CUP	CUP
Towing Services¹⁰				CUP					A¹⁰	A¹⁰	9-6.167
Utility Facilities		CUP		CUP	CUP	CUP	CUP	CUP	CUP	CUP
Utility Infrastructure	A	A	CUP	A	A	A	CUP	CUP	A	A
Vehicle and Equipment Storage (Indoor)⁴				A		CUP			A⁴	A⁴	9-6.183
Vehicle and Equipment Storage (Outdoor)⁴				CUP⁴					CUP⁴	CUP⁴	9-6.183
Vehicle and Freight Terminals				CUP					CUP	CUP
Warehousing				CUP		CUP			A	A
Wholesaling and Distribution Center⁴		AUP	AUP	A⁴		A⁴			A⁴	A⁴
Winery — Boutique			A⁴	A⁴	A⁴	A⁴	A⁴		A⁴	A⁴
Winery — Production				CUP		CUP			A⁴	A⁴

Notes: (These notes apply only to Table 3-2).
1	Residential uses allowed only on second and third floors. If a project is required to comply with the Americans with Disabilities Act and does not have an elevator, one accessible unit may be located on the ground floor in conjunction with commercial space and shall not exceed the greater of:
	•	500 sf; or
	•	10% of the size of the ground floor commercial space not to exceed 1,000 sf.
2	Multifamily dwellings permitted when located on the second floor or above, or within an existing residential structure of historical significance.
3	Temporary events requiring more than 3 days for on-site setup and teardown require the approval of a conditional use permit (Section 9-2.110).
4	Outdoor commercial and industrial sales and storage developments (as defined by Section 9-9.102) of 10,000 square feet or more require the approval of a conditional use permit (Section 9-2.110), even if such a development is listed as an allowable use in a particular zoning district.
5	Handcrafted and artisan food production shall be ancillary to the retail component.
6	Mobile food vending permitted on private property with owner's permission and City review of parking and access on site. Mobile food trucks used as part of an event may be permitted in the right-of-way with the issuance of an Event Permit.
7	When no overnight stays of animals are included.
8	Permitted when in association with conforming and legal nonconforming residences.
9	Allowed on ground floor south of Atascadero Creek. Conditional use permit required on ground floor on Palma, East Mall, West Mall Entrada, Traffic Way and on El Camino Real north of Atascadero Creek as designated in Figure 3-1, subject to all of the following findings:
	a.	The location and setting of the existing building is not ideal for pedestrian uses such as restaurants, retail or related uses.
	b.	The existing building and site improvements are designed exclusively for office uses and could not accommodate other uses.
	c.	The proposed new office use will be a significant contribution to economic development by providing new jobs, pedestrian traffic, and active uses in the downtown.
	d.	The proposed new office will meet parking, accessibility, and property development standards and will not result in new parking along Atascadero Creek, East Mall or West Mall.
	e.	The proposed new office building will provide a storefront and other architectural features that complement the pedestrian scale and retail environment desired within the downtown.
10	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. (Section 9-2.110), even if such a development is listed as an allowable use in a particular zoning district.

Zoning District Abbreviations

CN - Commercial Neighborhood

CP - Commercial Professional

CR - Commercial Retail

CS - Commercial Service

CT - Commercial Tourist

CPK - Commercial Park

DC - Downtown Commercial

DO - Downtown Office

IP - Industrial Park

I - Industrial

Table 3-2 - Nonresidential Use Table Allowed Land Uses and Permit Requirements
Nonresidential Zones	A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required □ Not Permitted
	Permitted Uses By Zones										Special Regulation(s)
	CN	CP	CR	CS	CT	CPK	DC	DO	IP	I	Special Regulation(s)
Accessory Storage		A⁴	CUP⁴	A⁴	CUP⁴	CUP⁴			A⁴	A⁴	9-6.103
Adult Day Care Facility	A	A	A					CUP
Adult Oriented Business			A	A					A	A	9-16
Age Restricted Housing							CUP
Agricultural Produce Stands	A	A			A	A					9-6.117
Amusement Services		A	A	A		A	A			A
Animal Hospitals		CUP⁷	CUP	A		CUP					9-6.110
Artisan Foods and Products			A	A		A	A⁵		A	A
ATM	A	A	A	A	A	A	A	A	A	A
Auto Dealers (New and Used) and Supplies			CUP	CUP	CUP	CUP	CUP				9-6.163
Auto Repair and Services			CUP	A	A	CUP			A	A	9-6.168
Bar/Tavern			CUP		CUP	CUP	A
Bed and Breakfast			CUP	CUP	CUP	CUP
Brewery - Production				CUP		CUP			A	A
Broadcast Studios			A	A
Building Materials and Hardware w/outdoor sales or storage area 10,000 sf or greater		CUP	CUP	CUP		CUP		CUP	CUP	CUP	9-6.165
Building Materials and Hardware w/outdoor sales or storage area less than 10,000 sf		A	A	A		A			A	A	9-6.165
Business Support Services		A	A	A		A	A	A	A	A
Caretaker's Residence/Employee Unit		CUP	CUP	CUP
Childcare Center	A	A	A					CUP			9-6.125
Churches and Related Activities		CUP	CUP								9-6.121
Collection Stations	A⁴	A⁴	A⁴	A⁴	A⁴	A⁴			A⁴	A⁴	9-6.130
Contract Construction Services (Indoor)				A		A				A	A
Contract Construction Services (Outdoor)				CUP					CUP	CUP
Data and Computer Services Center		AUP		AUP		CUP			A	A
Day Care
Drive-Through Sales or Services	CUP	CUP	CUP	CUP	CUP	CUP					9-4.122
Eating and Drinking Places	A	A	A	A	A	A	A	A	A	A
Extended-Occupancy Hotel/Motel		CUP	AUP	AUP	AUP		CUP				9-6.186
Farm Equipment and Supplies w/outdoor storage or sales area 10,000 sf or greater			CUP	CUP		CUP			CUP	CUP
Farm Equipment and Supplies w/outdoor storage or sales area less than 10,000 sf			A	A		A			A	A
Farmers' Market	CUP	CUP	CUP		CUP	CUP	A	A
Financial Services and Banks	A	A	A	A	A	A	CUP	A
Fuel Dealer				A⁴		CUP			A⁴	A⁴	9-6.129
General Retail	A⁴	A⁴	A⁴	A⁴	A⁴	A⁴	A⁴
General Retail Greater than 50,000 sf	CUP	CUP	CUP	CUP	CUP	CUP	CUP
Government Offices and Facilities		A	A	A	A	A	A	CUP⁹	A	A	A
Health Care Services			A	A	CUP	A	CUP⁹	A
Horticultural Specialities w/outdoor storage or sales area 10,000 sf or greater		CUP	CUP	CUP	CUP	CUP			CUP	CUP	9-6.116
Horticultural Specialties w/outdoor sales or storage area less than 10,000 sf		A	A	A	A	A					9-6.116
Hotels, Motels		CUP	A	A	A		CUP
Indoor Recreation Services		CUP	CUP	CUP	A	A	CUP		CUP	CUP
Kennels			CUP	A							9-6.111
Large Family Day Care		CUP⁸	CUP⁸								9-6.125
Large Scale Ag Manufacturing				CUP					CUP	A	9-6.103
Laundries and Dry Cleaning Plants				A		A			A	A
Laundromat/Coin-Operated Laundry	CUP	CUP	CUP	CUP	CUP	CUP			A	A
Libraries, Museums		A	A	A	A		A	A
Live/Work Unit							A¹
Manufacturing and Processing - High Intensity⁴				CUP		CUP			AUP	AUP
Manufacturing and Processing - Low Intensity		CUP	CUP	A		A			A	A
Medical Extended Care Services: 6 Residents or Less	CUP	CUP	CUP	CUP	CUP	CUP					9-6.134
Medical Extended Care Services: 7 Residents or More			CUP								9-6.134
Medical Research		CUP		A		A		CUP	A	A
Membership Organizations			A	A		CUP	CUP
Microbrewery - Brewpub	A	CUP	A	A	A	A	A	A	A	A
Mini-Storage				CUP		CUP			A	A
Mobile Eating and Drinking Vendors⁶	A	A	A	A		A	A		A	A
Mixed-Use	CUP¹	CUP¹	CUP¹	CUP¹			A¹	A¹			9-3.331
Mortuary Services			A	A					A	A
Multifamily Dwelling	CUP²	CUP²	CUP²	CUP²							9-3.262
Offices	A	A	A	A	A	A	CUP⁹	A
Outdoor Recreation Services			CUP	CUP	A	AUP					9-6.123
Parking Lots	AUP	AUP	AUP	AUP	AUP	AUP	AUP	AUP	AUP	AUP
Parks and Playgrounds							A	A
Personal Service Restricted				A	CUP	CUP
Printing and Publishing		CUP	CUP			A⁴			A⁴	A⁴
Public Assembly and Entertainment			CUP	CUP	A	CUP	CUP
RCFE — Assisted Living			CUP								9-6.135
RCFE — Independent Living/Senior Apartments	CUP		CUP	CUP							9-6.135
RCFE — Retirement Hotel	CUP		CUP	CUP							9-6.135
Recreational Vehicle Parks					A						9-6.180
Recycling and Scrap									CUP	CUP	9-6.131
Recycling Centers									CUP	CUP	9-6.132
Research and Development		CUP		A		A	CUP	A	A	A
Residential Care: 6 Residents or Less							A²	A²			9-6.135
Retail Sales - Restricted				A	CUP	CUP
Sales Lots					CUP	CUP			CUP	CUP	9-6.139
Schools		A	A	A			CUP	CUP			9-6.125
Schools — Business and Vocational		A	A	A		A	CUP	CUP	CUP	CUP	9-6.125
Service Stations	CUP		CUP	CUP	CUP						9-6.164
Single-Family Dwelling								A¹	A¹
Single-Room Occupancy Units			CUP								9-6.184
Small Family Day Care		A⁸	A⁸	A⁸		A⁸	A⁸
Social and Service Organizations		A	A	A
Sports Assembly			CUP	CUP	A
Storage, Recycling and Dismantling of Vehicles and Material				CUP					CUP	CUP	9-6.131
Tasting Room	A	CUP	A	A	A	A	A	A	A	A
Telecommunication Facility	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP
Temporary Events	A/CUP³	CUP	A/CUP³	A/CUP³	A/CUP³	A/CUP³	A/CUP³	A/CUP³	A	A	9-6.177
Temporary Offices		A	A	A							9-6.176
Temporary or Seasonal Sales	A	A	A	A	A	A	A		A	A	9-6.174
Transit Stations			CUP	CUP	A	CUP	CUP	CUP	CUP	CUP
Towing Services¹⁰				CUP					A¹⁰	A¹⁰	9-6.167
Utility Facilities		CUP		CUP	CUP	CUP	CUP	CUP	CUP	CUP
Utility Infrastructure	A	A	CUP	A	A	A	CUP	CUP	A	A
Vehicle and Equipment Storage (Indoor)⁴				A		CUP			A⁴	A⁴	9-6.183
Vehicle and Equipment Storage (Outdoor)⁴				CUP⁴					CUP⁴	CUP⁴	9-6.183
Vehicle and Freight Terminals				CUP					CUP	CUP
Warehousing				CUP		CUP			A	A
Wholesaling and Distribution Center⁴		AUP	AUP	A⁴		A⁴			A⁴	A⁴
Winery — Boutique			A⁴	A⁴	A⁴	A⁴	A⁴		A⁴	A⁴
Winery — Production				CUP		CUP			A⁴	A⁴

Notes: (These notes apply only to Table 3-2).
1	Residential uses allowed only on second and third floors. If a project is required to comply with the Americans with Disabilities Act and does not have an elevator, one accessible unit may be located on the ground floor in conjunction with commercial space and shall not exceed the greater of:
	•	500 sf; or
	•	10% of the size of the ground floor commercial space not to exceed 1,000 sf.
2	Multifamily dwellings permitted when located on the second floor or above, or within an existing residential structure of historical significance.
3	Temporary events requiring more than 3 days for on-site setup and teardown require the approval of a conditional use permit (Section 9-2.110).
4	Outdoor commercial and industrial sales and storage developments (as defined by Section 9-9.102) of 10,000 square feet or more require the approval of a conditional use permit (Section 9-2.110), even if such a development is listed as an allowable use in a particular zoning district.
5	Handcrafted and artisan food production shall be ancillary to the retail component.
6	Mobile food vending permitted on private property with owner's permission and City review of parking and access on site. Mobile food trucks used as part of an event may be permitted in the right-of-way with the issuance of an Event Permit.
7	When no overnight stays of animals are included.
8	Permitted when in association with conforming and legal nonconforming residences.
9	Allowed on ground floor south of Atascadero Creek. Conditional use permit required on ground floor on Palma, East Mall, West Mall Entrada, Traffic Way and on El Camino Real north of Atascadero Creek as designated in Figure 3-1, subject to all of the following findings:
	a.	The location and setting of the existing building is not ideal for pedestrian uses such as restaurants, retail or related uses.
	b.	The existing building and site improvements are designed exclusively for office uses and could not accommodate other uses.
	c.	The proposed new office use will be a significant contribution to economic development by providing new jobs, pedestrian traffic, and active uses in the downtown.
	d.	The proposed new office will meet parking, accessibility, and property development standards and will not result in new parking along Atascadero Creek, East Mall or West Mall.
	e.	The proposed new office building will provide a storefront and other architectural features that complement the pedestrian scale and retail environment desired within the downtown.
10	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. (Section 9-2.110), even if such a development is listed as an allowable use in a particular zoning district.

Zoning District Abbreviations

CN - Commercial Neighborhood

CP - Commercial Professional

CR - Commercial Retail

CS - Commercial Service

CT - Commercial Tourist

CPK - Commercial Park

DC - Downtown Commercial

DO - Downtown Office

IP - Industrial Park

I - Industrial

Table 3-2 identifies the uses of land allowed by this Zoning Code in each nonresidential district, and the planning permit required to establish each use, in compliance with Chapters 9-1 and 9-2 of this code. Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this article may also apply.

(Ord. 602 § 2, 2016; Ord. 614 § 4, 2017; Ord. 615 § 4, 2018; Ord. 620 § 4, 2019; Ord. 635 § 5, 2020; Ord. 646 § 11, 2021; Ord. 660 § 5, 2022; Ord. 669, 11/28/2023; Ord. 670, 3/12/2024; Ord. 685, 4/22/2025)

§ 9-3.331 Mixed-use residential density.

(a)

Mixed-Use Development. Mixed-Use developments are defined as developments that have a vertical separation of commercial and residential land uses in a building, with commercial uses on the ground floor and residential uses above.

(b)

Density and Fractional Density.

(1)

Mixed-use developments have a maximum base density of 24 dwelling units per acre.

(2)

To encourage smaller units that are affordable by design, the City authorizes fractional density units wherein maximum density may be calculated based on unit size in mixed-use developments.

(i)

The following density unit value attributed to unit sizes may be used for the purpose of calculating multi-unit maximum development density allowed on a parcel:

Units up to 600 square feet = one half (0.50) units.

Units of 601 square feet up to 1,000 square feet = two thirds (0.66) unit.

Units over 1,000 square feet = one unit.

(ii)

Maximum residential development potential is the gross lot area (in whole and fractional acres), multiplied by the maximum density allowed. The resulting number (in density units, carried out to the nearest one hundredth unit) will be the maximum residential development potential. For example, when a calculation results in a density of 4.74 units, up to nine units that are less than 600 square feet in size would be permitted; when a calculation results in a density of 4.75 units, up to 10 units less than 600 square feet in size would be permitted). Any combination of dwelling types and numbers may be developed, so long as their combined density unit values do not exceed the maximum potential. The rules of rounding stated in this section for fractional density supersede the rules of rounding stated in Section 9-1.109(b)(4).

(iii)

(c)

Building Design Standards. See Section 9-4.130 (Multifamily and Mixed-Use Building Design Standards).

(d)

Mechanical Equipment. Mechanical equipment must be set back no less than five feet from property lines, may not be visible from a public right-of-way, and must comply with Section 9-4.128 (Fencing and screening).

(e)

Storage. Each dwelling unit must be provided a minimum of 130 cubic feet of enclosed storage space, which do not include closets accessed from the interior of units. Storage space for each unit or a portion thereof may be combined for the provision of bicycle parking and storage. All bicycle parking/storage must meet the following standards:

(1)

Long-term bicycle parking spaces must be enclosed, lockable, and located within the residential building on the ground floor unless the building includes elevator access to upper floors.

(2)

Long-term bicycle parking spaces must provide a minimum of one 110-volt electrical outlet and an additional outlet per 10 bicycle parking spaces for charging electric bicycles.

(3)

Long-term bicycle parking racks must be designed to allow the user to lock the bicycle to the rack and keep at least one bicycle wheel on the ground or provide a means for the user to roll the bicycle onto a rack and lift it up to a second level.

(f)

Transitions Zones Adjacent to Single Family. See 9-4.130(j) (Transition to Abutting Rural and Single Family Uses).

(g)

Downtown Maximum Average Unit Size. The maximum average size of all dwelling units within a new mixed-use project in the Downtown districts (DO or DC) must be no greater than 1,200 square feet. Any existing units that comply with zoning use standards (are located on upper floors with commercial space below) may be excluded from this calculation.

(h)

Common and Private Open Space Requirements.

(1)

Size and Type of Open Space. Recreational or gathering open space (that is separate from the living space of a unit) must be provided at a ratio of 30 square feet per unit.

(i)

Exemption. Projects with four or fewer units within commercial zones, or developments of 10 or fewer units within the Downtown Zoning districts (DO or DC) are exempt from open space requirements.

(ii)

For non-exempt developments with 49 dwelling units or less, recreational or gathering open space may be provided as private open space, common open space, or a combination of private and common space.

(iii)

For developments of 50 or more dwelling units, recreational or gathering open space must be provided as common open space or a combination of private and common areas, provided no more than 50 percent of the open space is private.

(2)

Private Open Space Standards. Any private outdoor open space used to satisfy subsection (h)(1) must meet the following standards:

(i)

Minimum dimensions must be five feet (width and depth) in any direction.

(ii)

The private open space must be adjacent to, and directly accessible from, the residential unit being served.

(3)

Common Open Space Standards. Any common outdoor open space used to satisfy subsection (h)(1) must meet the following standards:

(i)

Minimum dimensions shall be 10 feet (width and depth) in any direction.

(ii)

Common open space areas must be at least 750 square feet.

(iii)

May be located at grade, on an upper floor terrace or courtyard, or a building rooftop, in the form of a roof deck, except it may not be located at grade within the Downtown Districts nor adjacent to a public street unless in the form of a publicly accessible plaza.

(iv)

May not be located in drainage basins with a depth of two feet or greater and/or areas not accessible via pedestrian paths or trails to the units being served.

(v)

(Ord. 646 § 11, 2021; Ord. 671, 6/25/2024)

§ 9-3.340 Property development standards.

New subdivisions, land uses, structures, and alterations to existing land uses and structures shall be designed, constructed and established in compliance with the Sections 9-3.62 and 9-3.341 through 9-3.444, in addition to applicable standards (e.g., landscaping, parking, fencing, etc.) in Chapter 9-4, and Special Land Use Regulation in Chapter 9-6 of this title.

(Ord. 602 § 2, 2016; Ord. 620 § 4, 2019; Ord. 671, 6/25/2024)

§ 9-3.341 CN Zone.

The following are property development standards for the CN in addition to those found in Chapters 9-3, 9-4, 9-6, and other special use regulations found in this title:

(a)

Lot Size. The minimum lot size in the Commercial Neighborhood Zone shall be 1/2 acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Neighborhood Zone.

(b)

Multifamily Dwellings. Multifamily dwellings are permitted with a minor conditional use permit when located on the second floor or above.

(c)

Fire Backflow Devices. Fire backflow devices are required to be integrated into the site or building design, are prohibited in any public right-of-way, and must also be accessible to Fire Department and Water Company personnel at all times.

(d)

Fire Connection Devices. Fire department connections shall be installed in accordance with the NFPA standard applicable to the system design and shall comply with Sections 912.2 through 912.7 of the California Fire Code.

(Ord. 602 § 2016; Ord. 620 § 4, 2019; Ord. 635 § 5, 2020; Ord. 671, 6/25/2024)

§ 9-3.342 CP Zone.

The following are property development standards for the CP in addition to those found in Chapters 9-3, 9-4, 9-6, and other special use regulations found in this title:

(a)

Lot Size. The minimum lot size in the Commercial Professional Zone shall be 1/2 acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Professional Zone.

(b)

(c)

(Ord. 602 § 2016; Ord. 620 § 4, 2019; Ord. 635 § 5, 2020; Ord. 671, 6/25/2024)

§ 9-3.343 CR Zone.

The following are property development standards for the CR in addition to those found in Chapters 9-3, 9-4, 9-6, and other special use regulations found in this title:

(a)

Lot Size. The minimum lot size in the Commercial Retail Zone shall be 1/2 acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Retail Zone.

(b)

Parking. Parking areas designated to have vehicles facing El Camino Real or the freeway shall be screened with a landscaped berm a minimum of 30 inches in height.

(c)

Setback. A minimum freeway setback of 10 feet shall be provided. Said setback area shall be landscaped.

(d)

Utilities. All new and existing utilities shall be installed underground.

(e)

(f)

(Ord. 602 § 2016; Ord. 620 § 4, 2019; Ord. 635 § 5, 2020; Ord. 671, 6/25/2024)

§ 9-3.344 CS Zone.

The following are property development standards for the CS in addition to those found in Chapters 9-3, 9-4, 9-6, and other special use regulations found in this title:

(a)

Lot Size. The minimum lot size in the Commercial Service Zone shall be one acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Service Zone.

(b)

(c)

(Ord. 602 § 2016; Ord. 620 § 4, 2019; Ord. 635 § 5, 2020; Ord. 671, 6/25/2024)

§ 9-3.345 CT Zone.

The following are property development standards for the CT in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title:

(a)

Lot Size. The minimum lot size in the Commercial Tourist Zone shall be one acre. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Tourist Zone.

(b)

(c)

(Ord. 602 § 2016; Ord. 620 § 4, 2019; Ord. 635 § 5, 2020)

§ 9-3.346 CPK Zone.

The following are property development standards for the CPK in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title:

(a)

Lot Size. The minimum lot size in the Commercial Park Zone shall be two acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Park Zone.

(b)

Parking. Customer and employee parking areas designed to have vehicles facing El Camino Real or the freeway shall be screened with a landscaped berm a minimum of 30 inches in height. This may be modified through the conditional use permit process.

(c)

Setback. A minimum freeway setback shall be provided. Said setback shall be landscaped. This may be modified through the conditional use permit process.

(d)

Utilities. All new and existing utilities shall be installed underground.

(e)

(f)

(Ord. 602 § 2016; Ord. 620 § 4, 2019; Ord. 635 § 5, 2020)

§ 9-3.347 DC/DO Zone.

The following are property development standards for both the DC and DO zoning districts, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title.

Development Feature	Requirement by Zoning District
	DC	DO
	Downtown Commercial	Downtown Office
Minimum lot size	No minimum
Setbacks	Minimum and maximum setbacks required. See Section 9-4.103 for setback requirement, allowed projections into setbacks, and exceptions to setbacks.
Primary Street	None allowed, except for building insets designed to accommodate outdoor eating and seating areas, and except for East Mall between El Camino Real and Palma Avenue, where a minimum of 20 feet is required	As required by Section 9-4.106 when adjacent to a residential zone, none required otherwise.
Sides (each)	None required
Rear	None required
Creek	To be determined through Design Review
Height limit	45 feet; 18 feet on the west side of El Camino Real between Atascadero Creek and the lot line common to Lots 19 and 20, Block H-B, Atascadero Colony Map.	35 feet
Landscaping	As required by Section 9-4.124 et seq. (Landscaping, screening and fencing)
Off-street parking	None required, except as required by Section 9-4.114 for hotels, motels, residential uses, offices, government offices and facilities, and health care services, and for all development east of Atascadero Creek.	As required by Section 9-4.114 et seq.
Signs	See Chapter 9-15
Density	24 dwelling units/acre maximum See also Section 9-3.331(b) (Density and Fractional Density).	24 dwelling units/acre maximum See also Section 9-3.331(b) (Density and Fractional Density).
Fire backflow devices	(a) Fire Backflow Devices. Fire backflow devices are required to be integrated into the site or building design, are prohibited in any public right-of-way, and must also be accessible to Fire Department and Water Company personnel at all times. (b) Fire Connection Devices. Fire department connections shall be installed in accordance with the NFPA standard applicable to the system design and shall comply with Sections 912.2 through 912.7 of the California Fire Code.

(Ord. 602 § 2, 2016; Ord. 614 § 4, 2017; Ord. 615 § 4, 2018; Ord. 635 § 5, 2020; Ord. 670, 3/12/2024; Ord. 671, 6/25/2024)

§ 9-3.348 IP Zone.

The following are property development standards for the IP zoning district, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title.

(a)

Lot Size. The minimum lot size in the Industrial Park Zone shall be two acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Industrial Park Zone.

(Ord. 602 § 2, 2016; Ord. 620 § 4, 2019)

§ 9-3.349 I Zone.

The following are property development standards for the I zoning district, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title.

(a)

Lot Size. The minimum lot size in the Industrial Zone shall be two acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Industrial Zone.

(Ord. 602 § 2, 2016; Ord. 620 § 4, 2019)

§ 9-3.410 Intent.

This chapter lists the land uses that may be allowed within primarily public zoning districts established by Section 9-3.102 (Zoning Districts), determines the type of planning permit/approval required for each use, and provides basic lot size and development standards for specific zones.

(Ord. 602 § 2, 2016)

§ 9-3.420 Purposes of the public zoning districts.

The purposes of the individual public zoning districts and the manner in which they are applied are as follows:

(a)

L (Recreation) Zoning District. This zone is established to provide suitable locations and standards for the development of recreational facilities accommodating the needs of the general public.

(b)

LS (Special Recreation) Zoning District. This zone is established to provide suitable locations and standards for the development of recreational facilities on land in private ownership. This zone also provides for residential and agricultural uses where intensive recreational activity may not be appropriate.

(c)

P (Public) Zoning District. This zone is established to provide suitable locations and standards for the maintenance and development of public and quasi-public facilities and services.

(d)

OS (Open Space) Zoning District. This zone is established to cover areas with environmentally sensitive natural or cultural resources and generally is intended to remain free of structures but may be developed with low intensity recreational improvements, where appropriate.

(Ord. 602 § 2, 2016)

§ 9-3.430 Public districts allowable land uses.

Table 3-3 identifies the uses of land allowed this Zoning Code in each public district, and the planning permit required to establish each use, in compliance with Chapters 9-1 and 9-2 of this code. Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this article may also apply.

Table 3-3 Public Zone Uses Allowed Land Uses and Permit Requirements
Public Zones	A CUP AUP (blank)	Allowed Use, Zoning Clearance Required Conditional Use Permit Required Administrative Use Permit Required Not Permitted
	Permitted Uses By Zones				Special Use Regulation(s)
	L	LS	P	OS	Special Use Regulation(s)
Accessory Storage
Adult Day Care Facility			CUP
Agricultural Accessory Uses		A
Amusement Services	A	CUP
Animal Hospitals			CUP
ATM			A
Bed and Breakfast	A	A
Broadcast Studios			A
Caretaker's Residence/Employee Unit	CUP				9-6.184
Cemeteries	CUP	CUP	CUP
Childcare Center			CUP		9-6.125
Churches and Related Activities			CUP		9-6.121
Collection Stations	A	A	A		9-6.130
Day Care
Eating and Drinking Places	CUP	CUP
Farmers' Market	A	A	A
Government Offices and Facilities			A
Health Care Services			CUP
Home Occupation		A
Horticultural Specialties		CUP
Hotels, Motels		CUP
Indoor Recreation Services	CUP	CUP	A
Libraries, Museums	A	A	A
Medical Extended Care Services: 6 Residents or Less			CUP		9-6.134
Medical Extended Care Services: 7 Residents or More			CUP		9-6.134
Membership Organizations	A		CUP
Mini-Storage			CUP
Mortuary Services			CUP
Outdoor Recreation Services	A	CUP	A		9-6.123
Parking Lots			A
Parks and Playgrounds	A	A	A	A
Recreational Vehicle Parks	CUP	CUP	CUP		9-6.180
Residential Accessory Uses		A			9-6.106
Residential Care: 6 Residents or Less			CUP		9-6.125
Residential Care: 7 Residents or More			CUP		9-6.125
Schools			A
Schools—Business and Vocational	A		CUP		9-6.125
Single-Family Dwelling		A	CUP
Sports Assembly	CUP
Telecommunication Facilities	CUP	CUP	CUP
Temporary Dwelling		A			9-6.176
Temporary Events
Temporary Offices			A
Transit Stations	CUP		CUP
Utility Facilities	A	A	A	CUP
Utility Infrastructure	CUP	CUP	CUP	CUP

Zoning Districts Abbreviations
L – Recreation
LS – Special Recreation
P – Public
OS – Open Space

This article contains descriptions of the types of land uses which can be established in the various zones. The uses described here are allowed in the various zoning districts established. 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. If a use here within is not defined in this section, or in other provisions of the City of Atascadero Municipal Code, the Community Development Director shall determine the correct definition.

(Ord. 602 § 2, 2016; Ord. 660 § 5, 2022)

§ 9-3.500 Definitions.

As used in Title 9, the following terms and phrases shall have the meaning ascribed to them in this section, unless the context in which they are used clearly requires otherwise.

Definitions "A"

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 limited to 10% of the floor area of the principal building in accordance Section 9-6.103.

Adult-Oriented Business.

Any business defined by Chapter 9 of Title 9 in the Atascadero Municipal Code, or subsequent code section, as an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor (excluding State-licensed massage therapy), sexual encounter establishment, or nude model studio is an adult-oriented business.

Age Restricted Housing.

Residential multifamily or single-family units that restrict occupancy based on age. This use typically consists of senior housing which restricts age for 55 and older.

Agricultural Accessory Uses.

Residential accessory uses that are part of small-scale and/or hobby agricultural activities incidental to the primary residential use of the property, including structures that are designed to house farm implements, hay, grain, poultry, livestock, or other horticulture products. This does not include garages, workshops, or other similar residential accessory structures for nonagricultural uses.

Agricultural Produce Stands.

Open structures 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 zones. This does not include farmers' markets or "seasonal sales" located in nonresidential zoning districts, defined under "temporary sales."

Agriculture Employee Housing.

Includes single-family dwellings, or other lodging accommodations provided as a part of farming operations, as regulated under the California Health and Safety Code, employees on land owned by the owner of the building site on which the lodging is located.

Amusement Services.

Establishments providing indoor amusement, entertainment, or personal enrichment services on payment of a fee or admission charge, such as: arcades and coin-operated amusements; dance halls, and ballrooms which are principal uses rather than being subordinate to an eating or drinking place; health and exercise facilities including yoga, dance, martial arts and similar small studios that do not include courts or similar facilities; and music and arts and crafts instruction. Athletic facilities with basketball, racquetball or similar indoor participation sports are classified as "indoor recreation services." Card rooms, billiard and pool halls as a primary use are classified as "Personal services—restricted."

Animal Hospitals.

Establishments primarily engaged in performing services for animals, including veterinary services and animal hospitals. Does not include kennels, which are listed as a separate category.

Artisan Foods and Products.

An establishment that specializes in artisan food production, art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, where the facility includes a retail component.

Auto Dealers (New and Used) and Supplies.

Retail and wholesale trade establishments selling new and used automobiles, including, but not limited to, light trucks (US DOT Class 1, 2, and 3), boats (FBSA Class A and Class 1 boats (under 26 feet in length)), recreational vehicles, recreational/utility trailers, motorcycles and mopeds. Also includes establishments selling new parts and accessories within a building for the above. Does not include establishments dealing exclusively in used parts. Includes automobile repair shops only when maintained by establishment engaged in the sale of vehicles on the same site. Does not include "service stations," which are separately defined.

Auto Repair and Services.

Service establishments primarily engaged in the repair, alteration, painting, washing or waxing of automobiles, and lube services. May also include rental of cars, trucks or trailers; leasing of cars and trucks. Does not include repair shops which are subordinate to and maintained by a vehicle dealership.

Automated Teller Machine (ATM).

Computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without face-to-face contact with financial institutions personnel. The machines may be located at or within banks, or in other locations.

Definitions "B"

Bar/Tavern.

Establishments 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. Does not include adult entertainment businesses or uses defined under microbreweries or tasting rooms.

Bed and Breakfast.

Transient lodging establishments primarily engaged in providing overnight or otherwise temporary lodging for the general public. Such establishments provide limited meal service, generally breakfast, for lodgers.

Brewery—Production.

An establishment which produces ales, beers, meads, hard ciders, and/or similar beverages on site. Production breweries are classified as a use which requires a Class 01 type 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).

Broadcasting Studios.

Commercial and public communications use including radio, television broadcasting and receiving stations and studios with facilities entirely within buildings. Does not include antennas and towers, which are defined under "telecommunications facilities."

Building Materials and Hardware.

Retail trade establishments primarily engaged in the sale of lumber and other building materials, including paint, wallpaper, glass, hardware, nursery stock, lawn and garden supplies. Includes all such stores selling to the general public, even if sales to contractors account for a larger proportion of total sales. Establishments primarily selling plumbing, heating, and air conditioning equipment and electrical supplies are classified in "wholesaling and distribution centers."

Business Support Services.

An establishment or business located entirely within a building that is open to customer visitation and with limited or no storage, which provides services to other businesses including, but not limited to:

•	Blueprinting and reprographics, copying and quick printing services;
•	Computer related services, repair and rental;
•	Private mail and mailbox service not affiliated with Federal mailing agency;

Definitions "C"

Caretaker Residence/Employee Unit.

A permanent residence that is secondary or accessory to the primary use of the property, and used for housing a caretaker employed on the site of any nonresidential use where a caretaker is needed for security purposes or to provide 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."

Cemeteries.

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. Excludes funeral parlor and related facilities which are listed under "mortuary services."

Churches and Related Activities.

Religious organization facilities operated for worship or for promotion of religious activities, including churches and religious Sunday-type schools. 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.

Collection Stations.

Facilities for the temporary accumulation and storage of recyclable discarded materials, which are subsequently transported to recycling centers or solid waste disposal sites for further processing. Does not include automobile wrecking yards or any recycling processing facilities, which are listed under "recycling and scrap." Does not include temporary storage of toxic, mutagenic or radioactive waste materials.

Common Interest Development.

A common interest development is a real property development where property owners share a common set of financial obligations, property and easement rights established in a set of recorded restrictions (commonly referred to as "CC&Rs"). Common interest developments may include, but are not limited to, condominiums, planned developments, stock cooperatives, and small lot single-family and multifamily developments along with commercial or mixed-use developments.

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. Outdoor storage of construction related vehicles, fleet, or accessory storage (other than an approved parking lot for employees or fleet vehicles) is limited to 10% of the floor area of the fully enclosed building utilized for the business.

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 listed in the code as well as standards for outdoor storage uses must be met.

Definitions "D"

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.

Facilities that provide nonmedical care and supervision of individuals for periods of less than 24 hours. These facilities include the following, all of which are required to be licensed by the California State Department of Social Services or successor agency. Day care uses include the following:

•	Child Care Center. Child day care facilities designed and approved to accommodate 15 or more children. Includes infant centers, nursery schools, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.
•	Large Family Day Care Home. As provided by Health and Safety Code Section 1596.78 or successor provision, a home that regularly provides care, protection, and supervision for seven to 14 children, including children under the age of 10 years who reside in the home, for periods of less than 24 hours per day, while the parents or guardians are away.
•	Small Family Day Care Home. As provided by Health and Safety Code Section 1596.78 or successor provision, a home that provides family day care for six or fewer children, including two children under the age of 10 years who reside in the home.
•	Adult Day Care Facility. A day care facility providing care and supervision for adult clients.

Drive-Through Sales or Services.

A facility where food or other products may be purchased or where services may be obtained by motorists without leaving their vehicles. Examples of drive-through sales facilities include fast-food restaurants, drive-through coffee, photo-stores, pharmacies, 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 service stations or other vehicle services, which are separately defined.

Definitions "E"

Eating and Drinking Places.

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."

EV Charging Site.

Electric vehicle (EV) charging site includes level one, level two, and level three charging sites that are an accessory use to a primary use, such as a parking lot, building, or multifamily residence. These charging sites are incidental uses and may or may not charge a fee for use. Does not include stand-alone EV charging station as defined in "service stations."

Definitions "F"

Farm Animal Raising.

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 beef cattle, sheep and goats by grazing or pasturing. Does not include uses defined as "livestock specialties."

Farm Equipment and Supplies.

Establishments 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.

Farmers' Market.

The temporary and intermittent use of a public or private property for the outdoor sales of food and farm produce in compliance with California Food and Agriculture Code Section 1392 et seq., and artisan products or similar farmers' markets products that include multiple sales vendors.

Financial Services.

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.

Fuel Dealers.

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.

Definitions "G"

General Retail.

Stores and shops selling either many lines of merchandise, or specialized type of merchandise, where the retail sales are conducted primarily within a building. Examples include, but are not limited to:

•	Antique stores, second hand stores, jewelry stores, hobby materials, specialty stores;
•	Art galleries, art supplies, collectibles, hobby materials;
•	Bicycles, toys, games, sporting goods and equipment;
•	Department stores, drug stores, pharmacies, supermarkets, groceries stores, specialty food markets, membership warehouse clubs;
•	Florists, house plant stores (indoor sales), small house wares;
•	Home furniture stores, consumer electronic/audio visual goods, bookstores, home and/or office appliance stores (excludes wholesale sales not open to the general public);
•	New clothing, shoes, and accessory retail stores;
•	Stationery, dry goods, fabric stores and sewing supplies, and variety stores;
•	Stand-alone convenience markets (excludes fuel sales), warehouse retail stores, building supply hardware stores where outdoor sales are limited to under 10,000 square feet.
	Pawn shops and retail stores that sell smoking, tobacco and vaping products as the primary use are included in "retail sales-restricted."

Government Offices and Facilities.

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.

Definitions "H"

Health Care Services.

Service establishments primarily engaged in furnishing medical, mental health, surgical and other personal health services including: medical, dental, and psychiatric offices (mental health) related services, including various types of counseling practiced by licensed individuals other than medical doctors or psychiatrists, medical and dental laboratories; outpatient care facilities; and allied health services. Associations or groups primarily engaged in providing medical or other health services to members are included. Also includes hospitals and similar establishments primarily engaged in providing diagnostic services, extensive medical treatment including surgical and other hospital services; such establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. Nursing homes and similar long-term personal care facilities are classified in "residential care."

Home Occupations.

The gainful employment of the occupant of a dwelling, with such employment activity being subordinate to the residential use of the property.

Horticultural Specialties.

Businesses engaged in the production of ornamental plants, tree farms, and other products, grown under cover or outdoors. Also includes establishments engaged in the sale or on-site production of such product.

Hotels, Motels.

Commercial transient lodging establishments, including hotels, motor hotels, motels, tourist courts, or cabins, primarily engaged in providing overnight or otherwise temporary lodging for less than 30 days, with or without meals, for the general public.

Definitions "I"

Indoor Recreation Services.

Facilities for various indoor sports and recreation, including: bowling alleys; ice skating and roller skating; gymnasiums, health and athletic clubs; tennis, handball, racquetball and similar indoor sports; shooting and archery ranges; recreation and community centers. Smaller fitness studios without courts are classified as "amusement services."

Definitions "J"

Definitions "K"

Kennels.

A lot, building, structure, enclosure or premises where four or more dogs or cats (four months of age or older) are kept or maintained, including the keeping of such animals for sale, for commercial breeding or for lodging and care. Does not include dogs and cats kept for noncommercial purposes.

Definitions "L"

Large Scale Ag Manufacturing.

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; and wineries in excess of 1,000 square feet in total use area. This does not include the growing, harvesting, and production of medical marijuana, or legally approved uses of marijuana by either the State of California or Federal Government.

Laundries and Dry-Cleaning Plants.

Service establishments 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 coin-operated laundries or dry-cleaning pickup stores without dry cleaning equipment, which are classified in "personal services."

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."

Libraries, Museums.

Permanent public or quasi-public facilities 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 establishments 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; chicken, turkey and other poultry farms; animal specialties (such as rabbit farms and other fur-bearing animals); other specialties such as bee farms, aviaries, worm farms, etc.

Live/Work Units.

An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multifamily, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:

•	Complete kitchen space and sanitary facilities in compliance with the Building Code;
•	Working space reserved for and regularly used by one or more occupants of the unit;
•	Working space includes uses that are permitted within the zoning district.

Definitions "M"

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 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 in an indoor setting. Examples of manufacturing and processing uses that are considered low intensity include the following, but are not limited to:

•	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 Extended Care Services.

Residential facilities providing nursing and health-related care as a primary use with in-patient beds. Examples of these uses include: board and care homes; convalescent and rest homes; extended care facilities; and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included under "residential care."

Medical Research.

Establishment related to medical and/or dental research, testing and analysis, including, but not limited to, trial and clinical research. Biomedical and pharmaceutical research and development facilities are not included in this definition. Medical research does not include the storage or use of quantities of hazardous materials nor any toxic gas. Additionally, medical research may include storage and use of etiological (biological) agents up to and including Risk Group 2 or Bio Safety Level 2 (Center for Disease Control). Typically uses are a part of a campus-like setting such as a business park or stand-alone building.

Membership Organizations.

Organizations operating on a membership basis for the promotion of the interests of the members, including: business associations; professional membership organizations; labor unions and similar labor organizations; civic, social and fraternal organizations (not lodging); political organizations and other membership organizations.

Micro-Brewery/Brewpub.

An establishment that produces ales, beers, meads, hard ciders/and or similar beverages 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 ancillary use. Brewpubs and microbreweries are considered small operations consistent with ABC license Type 23, 40, or 42 or State similar licensures.

Mini-Storage.

Buildings containing individual storage areas rented or leased to the general public. Does not include warehousing or exterior storage facilities.

Mixed-Use Development.

A development that has a vertical separation of commercial and residential land uses in a building. Residential units within a commercial district are subject to compliance with allowed density and shall not be located on the ground floor.

Mobile Eating and Drinking Vendors.

Any vehicle, wagon, or pushcart that is self-propelled or can be pushed/pulled down a street or sidewalk, on which food is displayed, prepared, or processed for the purpose of selling food or drinks to a consumer.

Mobile Home/Manufactured Home.

A modular structure that is transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, is tied down to a permanent foundation with wheels removed and skirted. A mobile home on a permanent foundation is considered a single-family dwelling.

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.

Mortuary Services.

Establishments with facilities for the preparation of the dead for burial, cremation and for the holding of funeral observances and services. Accessory facilities may include a cemetery, columbarium or mausoleum. Includes: funeral homes and parlors, mortuaries and related facilities.

Multiple-Family Dwelling.

Two or more primary attached dwelling units located on a single lot within a residential zoning district, each occupied by a single housekeeping unit; includes buildings or groups of buildings designated as apartments, duplexes, triplexes and condominiums, but not including motels, hotels, dormitories, or RV parks as herein defined. Also includes transitional housing 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 Section 9-9.102 of the Zoning Ordinance. This also does not include accessory dwelling units or urban dwelling units.

Definitions "N"

Definitions "O"

Offices.

Establishments engaged in performing a service in a professional office including: engineering, architectural and surveying services; real estate agencies; noncommercial educational, scientific and research organizations; accounting, auditing, and bookkeeping services; authors, writers, artists, etc.; advertising agencies; photography studios and small commercial art studios; employment agencies and stenographic services; reporting services; data processing and computer services; management, public relations, and consulting services; detective agencies and other similar professional services; attorneys; co-working spaces, incubator-type services that provide office-type working spaces for a fee, and counseling services provided by individuals other than licensed psychiatrists, which are included under "health care services."

Organization Houses.

Residential lodging houses operated by membership organizations for the benefit of their constituents and not open to the general public. Also includes fraternity and sorority residential houses and religious residential retreats.

Outdoor Recreation Services.

Facilities for various outdoor sports and recreation, including: amusement and kiddie parks; golf courses, golf driving ranges and miniature golf courses; skateboard parks; go-cart and miniature auto race tracks; tennis courts, swim and tennis clubs and facilities; play lots, playgrounds and athletic fields; recreation and community centers.

Definitions "P"

Parking Lot.

An open area, excluding a street or other public right-of-way, for the exclusive use of parking as a primary use for automobiles and available to either the public or patrons of adjacent buildings or structures. Parking lots can either be free for use, or may charge a fee for compensation. Long-term parking and storage of inoperable vehicles is classified in "vehicle and equipment storage."

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 dedicated for use to the public.

Personal Cannabis Cultivation.

As defined by Chapter 9-17.

Personal Services.

Service establishments primarily engaged in providing nonmedical services as a primary use and may include accessory retail sales of products related to the services provided. These uses include the following: beauty shops (includes permanent makeup when less than 10% of overall sales), barber shops, day spas and massage therapy where each massage therapist is certified/licensed by a State-recognized organization, shoe repair shops, dry cleaning pickup stores, clothing rental, tailors, tanning salons, pet grooming services, nail salons, and other similar uses.

Personal Services—Restricted.

Service establishments providing the following uses: Examples of these uses include, but are not limited to, the following: check cashing and/or payday/same day loans; fortunetellers, psychics; palm, tarot and card readers; card rooms, billiard and pool halls as a primary use; and tattoo and body piercing services.

Printing and Publishing.

An establishment engaged in printing letter press, lithography gravure, screen offset or electrostatic copying and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving, and electrotyping. The use also includes establishments that publish newspapers, books, and periodicals; establishments manufacturing business forms and binding devices. "Quick printing" services are included in the definition "business support services."

Public Assembly and Entertainment.

Facilities for public assembly and group entertainment such as: 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; amphitheaters; meeting halls for rent and similar public assembly uses.

Definitions "Q"

Definitions "R"

Recreational Vehicle Parks.

Transient lodging establishments primarily engaged in renting, leasing or otherwise providing overnight or short-term sites for trailers, campers, or tents, with or without individual utility hookups, but with other facilities such as public restrooms. Does not include incidental camping areas, which are included under "rural sports and group facilities."

Recycling and Scrap.

Establishments 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, which are separately defined. Does not include temporary storage of toxic or radioactive waste materials.

Recycling Centers.

An establishment, which is larger than a "collection station," that serves as a community-wide center for the collection and/or processing of recyclable materials such as glass, paper, plastic, aluminum and metal cans.

Research and Development.

Research and development offices, devoted to scientific and engineering research and the design, development and testing of new technology and products; usually includes laboratory space or small-scale manufacturing operations.

Residential Accessory Uses.

Includes any use that is customarily part of a residence and is clearly incidental and secondary to a residence and does not change the character of the residential use. Residential accessory uses include the storage of vehicles and other personal property and accessory structures including garages, studios and workshops.

Residential Care.

A single-family or multiple-family dwelling unit that is licensed or supervised by a Federal, State, or local health/welfare agency that provides nonmedical care of unrelated persons who are in need of personal service, supervision, or assistance essential for sustaining activities of daily living or for the protection of the individual. Use includes the following: children's homes; halfway houses; rehabilitation centers; self-help group homes.

Residential Care Facility for the Elderly (RCFE).

A housing arrangement chosen voluntarily by the residents or the residents' guardians, conservators or other responsible person(s) where the following occurs: where 75% of the residents are at least 62 years of age, or, if younger, have needs compatible with other residents; and where varying levels of care and supervision are provided, as agreed to at the time of admission or as determined necessary. RCFE uses may include basic services and community space. RCFE uses include the following:

•	Assisted Living Facility. A residential building or buildings that also provide housing, personal and health care, as permitted by the Department of Social Services, designed to respond to the daily, individual needs of the residents. Assisted living facilities may include kitchenettes (small refrigerator, sink and/or microwave oven) within individual rooms. Assisted living facilities are required to be licensed by the California Department of Social Services, and do not include medical extended care services.
•	Independent Living Center/Senior Apartment. Independent living centers and senior apartments are multifamily residential projects reserved for senior citizens, where common facilities may be provided (for example, recreation areas), but where each dwelling unit has individual living, sleeping, bathing, and kitchen facilities.
•	Retirement Hotel. Establishments primarily engaged in providing lodging facilities limited to the aged where no medical care is provided. Such establishments may provide housekeeping and meals to the residents.

Resource Extraction.

Uses primarily engaged in resource extraction, including, but not limited to, mining, developing mines or exploring for metallic minerals (ores), coal and nonmetallic minerals, or surface mines extracting crushed and broken stone, dimension stone or sand and gravel.

Retail Sales-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.

Rural Sports and Group Facilities.

Establishments supporting special group activities such as: archery, pistol, rifle, and skeet clubs and facilities; dude 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.

Definitions "S"

Sales Lots.

Sales lots consist of any outdoor sales area for permanent display of motorized farm equipment, boats (FBSA Class 3 and 4 boats (over 26 feet in length)), heavy commercial trucks (US DOT Class 4 through 8), mobile homes, construction equipment, or other heavy equipment; outdoor equipment rental yards.

Schools.

An institution or establishment that provides a program of instruction and teaching services. Includes: preschools, elementary and secondary schools serving grades K through 12 (or portions thereof); junior colleges, colleges and universities; and similar education institutions. Does not include Sunday schools which are permitted under "churches and related facilities."

Schools—Business and Vocational.

Business and secretarial schools; vocational schools offering specialized trade and commercial courses; specialized nondegree granting schools, such as: music schools; dramatic schools; language schools; driver education schools; ballet and other dance studios; and establishments furnishing educational courses by mail.

Secondary Residential Unit.

Second residential units are defined as residential occupancy constructions (R) with a kitchen and full bathroom that is accessory to the primary unit and intended for permanent occupancy by a second housekeeping unit.

Service Stations.

Retail trade establishments primarily engaged in the sale of gasoline, which may also provide lubrication, oil change and tune-up services incidental to gasoline sales. Does not include a towing service or storage of wrecked or abandoned vehicles. Does not include uses defined as auto repair and service, or vehicle equipment storage.

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. Also includes factory-built, manufactured housing units and mobile homes constructed in compliance with Title 25 of the California Health and Safety Code, or successor provision as defined in Section 9-9.102 of the Zoning Ordinance; transitional housing and supportive housing serving six or fewer persons as defined in Section 9-9.102 of the Zoning Ordinance.

Single Room Occupancy Unit (SRO).

A structure that provides separate, single room, residential living units with no on-premises residential medical care. Units within the structure may have individual bathroom facilities, shared bath or toilet facilities for the residents, or any combination thereof. SRO may include structures commonly called rooming houses or boarding houses. SRO facilities shall not be age restricted. Age restricted SRO facilities shall be considered a residential care facility for the elderly (RCFE).

Small Scale Ag Processing.

The small-scale processing of agriculture products grown or produced on site, bottling, canning, or storage of agriculture products grown and processed on site, where the processing or storage shall not exceed 1,000 square feet in total use areas. This does not include tasting rooms.

Social and Service Organizations.

Public or quasi-public establishments providing social services and rehabilitation services to such as counseling centers, welfare offices, job counseling and training centers, or vocational rehabilitation agencies, persons with social or personal problems requiring special services and to the handicapped and the disadvantaged. Also included are organizations soliciting funds to be used directly for these related services. Also includes establishments engaged in community improvement and neighborhood development. Does not include child day care services which are classified under "schools."

Sports Assembly.

Facilities for spectator-oriented specialized group sports assembly that includes: stadiums and coliseums; arenas and field houses; race tracks (auto and animals); motorcycle racing and drag strips; and other sports that are considered commercial.

Storage, Recycling and Dismantling of Vehicles and Material.

Establishments primarily engaged in the storage, assembling, dismantling, sorting, and distribution of materials, equipment and vehicles. This use may be located either outdoors or indoors and includes, but is not limited to, auto wrecking yards, vehicle storage areas, vehicle impound lots, recyclable/waste material storage and transfer facilities. This does not include waste disposal sites, which are separately defined, or temporary storage of toxic or radioactive waste materials.

Definitions "T"

Tasting Room.

Establishment that allows for beer, wine, or spirit tasting on site with off-site sales directly to the public. Tasting rooms must meet the requirements of the Alcoholic Beverage Control (ABC) license type (Type 02, Type 23, Type 40, Type 42 or Type 74 license, or similar). Tasting rooms may operate within a large-scale brewing, winery, or distillery facility as an ancillary.

Telecommunication Facility.

Public, commercial and private electromagnetic and photoelectrical transmission, broadcast, repeater and receiving stations for radio, 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 processing centers.

Temporary Dwelling.

Includes the temporary use of a mobile home or recreational vehicle as a dwelling unit, following the issuance of a building permit for a permanent residence while the permanent residence is under construction.

Temporary Events.

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 with existing, permitted businesses, where circulation and access is not impacted.

Temporary Offices.

The utilization of a mobile home or recreational vehicle as a temporary office during the period of a construction of a permanent office facility on the same site.

Temporary or Seasonal Retail Sales.

Retail trade establishments primarily engaged in 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 roadside stands.

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 term excludes: auto repair and services that have a tow truck on site; recycling and scrap services; service stations; impound yards; storage, recycling and dismantling of vehicles and material; and vehicle and equipment storage.

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.

Transitional Housing.

Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months (Health and Safety Code Section 50675.2(h)). This definition excludes housing for halfway houses intended for occupancy by parolees or convicted persons, children's homes, halfway houses, rehabilitation centers, and self-help group homes.

Definitions "U"

Utility Facilities.

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 or successor code.

Utility Infrastructure.

Pipelines for water, natural gas, sewage collection and disposal; and facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also include telephone, cable television, and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service center as defined under "offices" or distribution substations ("utility facilities").

Definitions "V"

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. Does not include wrecking yards, which are classified in "recycling and scrap." All uses of the site must be located within an approved, permitted building and outdoor storage shall be limited to 10% of the floor area of the building utilized for the business.

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. Does not include wrecking yards, which are classified in "recycling and scrap." Storage of oversized commercial vehicles is also subject to Section 9-6.103.

Vehicle and Freight Terminals.

Transportation establishments furnishing services incidental to transportation, including: freight forwarding services; transportation arrangement services; parking, crating, inspection and weighing services; freight terminal facilities; joint terminal and service facilities; trucking facilities, including transfer and storage; public warehousing and storage. Includes both railroad transportation and motor freight transportation.

Definitions "W"

Warehousing.

Uses engaged in storage of manufactured products, supplies, and equipment excluding bulk storage of materials that are flammable or explosive or that present hazards, or conditions commonly recognizable as offensive. Does not include personal storage as defined as "mini-storage."

Wholesaling and Distribution Centers.

Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Also includes storage, processing, packaging, and shipping facilities for mail order and e-commerce retail establishments.

Winery—Boutique.

Winery or distillery 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. Does not include winery production in residential zones, which is defined as small scale agriculture.

Winery—Production.

Winery or distillery 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. This also includes uses that produce 3,001 cases of beverages or less, but do not meet the requirements for "winery—boutique," "winery—production," or "brewery—production."

Definitions "X"

Definitions "Y"

Definitions "Z"

(Ord. 602 § 2, 2016; Ord. 614 § 4, 2017; Ord. 635 § 5, 2020; Ord. 646 § 11, 2021; Ord. 660 § 5, 2022; Ord. 669, 11/28/2023; Ord. 670, 3/12/2024)

§ 9-3.501 Purpose.

The Emergency Shelter Overlay Zone identifies areas where emergency shelters may be permitted without a conditional use permit in compliance with Senate Bill 2 (Statutes of 2007) and the Housing Element.

(Ord. 571 § 1, 2013; Ord. 627 § 5, 2019)

§ 9-3.502 Applicability of emergency shelter standards.

The standards of this article apply to emergency shelters located in the Emergency Shelter Overlay Zone. The emergency shelter overlay zone is applicable to the following zoning district(s) or site specific area(s):

(a)

Assessor Parcel Number (APN) 030-341-013.

(Ord. 571 § 1, 2013; Ord. 627 § 5, 2019)

§ 9-3.503 Minimum site design and development standards.

An emergency shelter is subject to all property development standards of the zoning district in which it is located except as modified by the following standards:

(a)

Minimum Site Area. One gross acre is the minimum site area.

(b)

Intake Location. The shelter intake area must be set back a minimum of 20 feet from the rear property line. Rear property line is defined as Lot A of San Luis Obispo County Parcel Maps Book 23, page 76.

(c)

Parking.

(1)

One vehicle parking space per five beds must be provided on site.

(2)

One bicycle space per 10 beds must be provided on site.

(3)

One vehicle space per employee must be provided on site.

(4)

Parking area must be shown in a site plan. Parking area must be paved.

(5)

Parking area must be lit for security purposes with permanent lighting consistent with Section 9-4.137 of the Atascadero Municipal Code.

(6)

Sleeping in or occupying vehicles as a residence is not permitted on the site.

(d)

Landscaping and Fencing.

(1)

Perimeter Fencing. Perimeter fencing is required on a per site basis subject to review and approval by the Design Review Committee. The following perimeter fencing is required for approved shelter(s):

(i)

Assessor Parcel Number (APN) 030-341-013. A solid masonry wall eight feet in height must be located on the rear property lines. This solid masonry wall must be a minimum six feet in height measured from the finished grade of the adjacent property owner. The rear masonry wall must be constructed within 12 months from the date of ordinance adoption. A solid wall or fence six feet in height must be located on the side property lines. Fencing within the front setback must follow the requirements of Section 9-4.128.

(2)

Play areas for children are to be fenced to prevent uncontrolled access to and from the site. Fencing shall not include any solid materials and must be consistent with the California Building Code.

(3)

On-site landscaping must be installed and maintained in compliance with the multifamily zoning district requirements in Section 9-4.125.

(4)

Outdoor areas (yards) must be kept clean and free of debris.

(Ord. 571 § 1, 2013; Ord. 627 § 5, 2019)

§ 9-3.504 Operating standards.

The following operating standards apply to emergency shelters:

(a)

Emergency Shelter Operator. Each shelter shall be operated by an agency or organization with experience in managing or providing social services.

(b)

Maximum Number of Beds. An emergency shelter shall have a maximum number of beds for overnight clients served by the facility. This limitation on client beds does not include accommodations for management, employees, or volunteers. The following is the maximum number of client beds for approved shelter(s):

(1)

Assessor Parcel Number (APN) 030-341-013: 90 beds.

(c)

On-Site Management and Supervision.

(1)

Assessor Parcel Number (APN) 030-341-013. There shall be a minimum of one on duty supervisor for every 30 overnight shelter clients during the operating hours.

(d)

Operating Hours.

(1)

Assessor Parcel Number (APN) 030-341-013. Shelter hours of operation are limited to between 4:00 p.m. and 9:00 a.m. daily. Shelter clients and the general public are not permitted on the premises outside these hours unless otherwise permitted by the approval of a conditional use permit per subsection (h).

Exceptions:

(i)

Temporary shelter clients are permitted on the premises during hours of operation.

(ii)

Operator staff, board members, and contractors are not subject to any time restrictions.

(iii)

Special Activities. Up to one special function per month is allowed for Non-Shelter Clients by appointment and under the supervision of ECHO Staff. ECHO may hold additional special functions (in excess of one per month) with City staff approval in writing. These functions may include, but are not limited to:

Fundraisers (not involving shelter clients);

Neighborhood open houses (not involving shelter clients);

Neighborhood meetings (not involving shelter clients);

Holiday events for shelter clients; and

Official government enumeration surveys involving shelter clients.

(e)

On-Site Management Plan Contents. The operator must prepare and follow an on-site management plan that must include the following:

(1)

Rules. A list of rules and regulations for overnight clients.

(2)

Logs. Provide a methodology for tracking the number of overnight clients.

(3)

Security and safety plan that will address security and safety of occupants, loitering control and management of outdoor areas.

(4)

Types and descriptions of programs offered on-site.

(5)

Required On-Site Signage:

No loitering signs.

No trespassing sign.

No camping signs.

Identify a neighborhood liaison and provide the contact information for the liaison.

(7)

Hold at least one neighborhood meeting each calendar year.

(8)

A dispute resolution process for any neighborhood issues that may arise.

(9)

Mechanisms for enforcement.

(f)

Management Plan Submittal—Approval and Review.

(1)

The initial management plan must be submitted within 60 days of approval of the overlay zone change and thereafter must be submitted for review by the City annually on February 1st of every year.

(2)

The initial management plan must be approved by the City Council.

(3)

Annual Review. The management plan will be reviewed annually by staff. Updates to the Operation Management Plan will be forwarded to the City Council for review at a public hearing.

(g)

Meal Program CUP Requirement and Operating Standards (Assessor Parcel Number (APN) 030-341-013). Any on-site meal program that is open to the general public (Open Meal Program) is an ancillary use subject to the approval of a conditional use permit under Section 9-2.110 of this code. Any such approved Open Meal Program shall abide by the following operating standards:

(1)

Hours of Operation. Open Meal Program service operating hours shall be between 4:00 p.m. and 6:00 p.m., daily. Non-Shelter Client participants shall vacate the site no later than 6:15 p.m.

(2)

The operator shall take reasonable steps to prevent meal recipients from congregating in and around the site at all times to minimize adverse impacts on adjacent properties.

(3)

Employees and Volunteers. In addition to the required staffing listed in subsection (c)(1), the Open Meal Program shall operate with a staffing ratio of one employee or trained volunteer for every 10 meal program participants. The operator shall provide training to all volunteers and employees.

(4)

Outdoor Monitors. From 4:00 p.m. to 6:15 p.m. daily, the Open Meal Program shall include a minimum of one outdoor monitor to supervise participants in the rear of the property and one outdoor monitor to supervise participants in the front of the property. Outdoor monitors shall be considered employees or volunteers for the staffing ratio purposes listed in subsection (h)(3).

(5)

Number of Participants Served. The maximum number of participants in the meal program shall not exceed 100 persons served in one day. This includes both temporary overnight shelter clients, and non-shelter client participants (general public).

(6)

Participant Screening. All Open Meal Program participants must be screened by the operator prior to admission for meal service.

(7)

Log of Participants. A log of Open Meal Program participants is required to be kept daily. The operator must make reasonable efforts to collect the following information:

Legal name.

Date of birth.

Housing status.

Review of Open Meal Program Participants. The operator must make available a log of Open Meal Program participants for periodic review by the City.

(9)

Neighborhood Dispute Resolution Process. If the operator fails to follow these operating standards or any other conditions of approval, disputes regarding such alleged violations or other impacts on the neighborhood will be addressed as set forth in this subsection.

(i)

Any complaints shall first be reported to the neighborhood liaison.

(ii)

If a resolution does not occur, any complaint may be submitted as a code violation complaint to the City.

(iii)

Repeated violations to these operating standards or the conditions of approval may result in a review of the operation of the shelter or the Open Meal Program by the City Council. Following such review, the City Council may amend these provisions to further regulate the shelter and Open Meal Program, including the possible suspension or revocation of the Open Meal Program.

(h)

Optional Conditional Use Permit (CUP). The shelter operator may apply for a CUP to provide additional services or programs, including daytime service programs beyond those described in subsection (d)(1).

(Ord. 571 § 1, 2013; Ord. 627 § 5, 2019; Ord. 677, 12/10/2024)

§ 9-3.601 Purpose.

The Flood Hazard Overlay Zone identifies areas where terrain characteristics would present new developments and their users with potential hazards to life and property from potential inundation by a 100 year frequency flood or other known flood hazards. These standards are also intended to minimize the effects of development on drainage ways and watercourses.

(Ord. 68 § 9-3.601, 1983)

§ 9-3.602 Applicability of flood hazard standards.

All uses proposed within a Flood Hazard Overlay Zone are subject to the standards of Sections 9-3.602 through 9-3.604, except:

(a)

Temporary Uses. With the approval of the City Engineer, the Planning Department may authorize construction or placement of a temporary structure or use within a Flood Hazard Overlay Zone pursuant to the required approval without meeting these standards, provided that the structure or use will not be in place from October 15th to April 15th.

(b)

Emergency Work. Emergency work may be undertaken where necessary to preserve life or property. Within 48 hours after commencement of such work, the City Engineer is to be notified and an application filed with the Planning Department in compliance with the provisions of Section 9-3.603.

(c)

Existing Uses. The continuance, operation, repair, or maintenance of any lawful use of land existing on the effective date of this title is permitted. Any expansion of an existing structure or use, or grading of a site, shall be conducted in accordance with all applicable provisions of this title.

(Ord. 68 § 9-3.602, 1983)

§ 9-3.603 Drainage plan and related requirements.

Drainage plan approval is required where any portion of the proposed development of the site is located within a Flood Hazard Overlay Zone. In addition to the information called for in Section 9-4.149 the drainage plan is to include:

(a)

A normal depth analysis or other equivalent engineering analysis that demonstrates to the satisfaction of the City Engineer that proposed structures will not be located within the floodway. The following information is required to determine the location of the floodway, except where waived or modified by the City Engineer:

(1)

Plans drawn to scale showing the location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the floodway.

(2)

Typical valley cross-sections showing the normal channel of the stream, elevation of the land areas adjoining each side of the channel, cross-sections of areas to be occupied by the proposed development, and high-water information sufficient to define the 100 year storm flood profile level.

(3)

A profile showing the slope of the bottom of the channel or flow line of the stream.

(b)

Where data required by subsection (a) of the section indicates proposed structures are located outside the floodway but within the flood fringe, a structural plan is to be provided for review and approval by the City Engineer. The plan is to demonstrate that proposed structures are designed to be flood free or be able to withstand partial inundation, and that proposed uses will not subject occupants to undue risk of flooding. Such structural plans are to include, where applicable, specifications for building construction, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities.

(Ord. 68 § 9-3.603, 1983)

§ 9-3.604 Construction standards.

Any structure or construction activities within a Flood Hazard Overlay Zone are subject to the following:

(a)

Construction, General.

(1)

No construction or grading is to limit the capacity of the floodway or increase flood heights above that allowed under the Federal Flood Insurance Program.

(2)

Structures are to be anchored to prevent flotation that could result in damage to other structures, or restriction of bridge openings and narrow sections of the stream or river.

(3)

Service facilities such as electrical and heating equipment are to be floodproofed or constructed at a minimum of one foot above the one hundred (100) year storm flood profile level for the site.

(b)

Structures for Human Occupancy. All structures intended for human occupancy are subject to the following standards, in addition to the provisions of subsection (a) of this section:

(1)

A structure intended for human occupancy is to be approved only where the City Engineer certifies that all portions of the structure are located outside the floodway on the basis of the depth analysis submitted in accordance with Section 9-3.603.

(2)

On the basis of structural plans and the depth analysis the ground floor of all structures is to be constructed at a minimum of one foot above the 100 year storm flood profile level.

(c)

Storage and Processing. The storage or processing of materials that in time of flooding are buoyant, inflammable or explosive; that could be injurious to human, animal, or plant life; or that may unduly affect the capacity of the floodway or unduly increase flood heights is not permitted. Storage of other material or equipment may be allowed if not subject to major damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning.

(Ord. 68 § 9-3.604, 1983)

§ 9-3.611 Purpose.

A Geologic Hazard Overlay Zone is applied to areas where geologic and soil conditions could present new developments and their users with potential hazards to life and property. These standards are applied where the following conditions exist:

(a)

Seismic Hazard. Areas of seismic (earthquake) hazard are identified through the application of special studies zones established by the State Geologist as required by Sections 2621 et seq., of the Public Resources Code (the Alquist Priolo Special Studies Zones Act).

(b)

Landslide Hazard. Areas identified as being subject to moderately high to high landslide risk.

(c)

Liquefaction Hazard. Areas identified as being subject to soil liquefaction.

(Ord. 68 § 9-3.611, 1983)

§ 9-3.612 Applicability of geologic hazard standards.

The standards of Sections 9-3.613 and 9-3.614 apply to all land uses for which a zoning approval is required, except:

(a)

One single family residence when not constructed in conjunction with two or more residences by a single contractor on abutting lots of record, unless located in an area subject to liquefaction or landslide.

(b)

Any agricultural use not involving a building, and any agricultural accessory structure.

(c)

Alterations or additions to any structure, the value of which does not exceed 50% of the assessed value of the structure in any 12 month period.

(Ord. 68 § 9-3.612, 1983)

§ 9-3.613 Application content: Geologic and soils report required.

All applications for projects located within a Geologic Hazard Overlay Zone (except those exempted by Section 9-3.612) are to be accompanied by a report prepared by a registered civil engineer and/or engineering geologist, as appropriate, which identifies, describes and illustrates, where applicable, potential hazard of surface fault rupture, seismic shaking, liquefaction or landslide, as provided by this section; provided, however, that no report is required for an application located in an area for which the City Engineer determines that sufficient information exists because of previous geologic or soils reports. Where required, a geologic report is to include:

(a)

A review of the local and regional seismic and other geologic conditions that may significantly affect the proposed use;

(b)

An assessment of conditions on or near the site that would contribute to the potential for the damage of the proposed use from a seismic or other geologic event or the potential for a new use to create adverse effects upon existing uses because of identified geologic hazards. The conditions assessed are to include, where applicable, rainfall, soils, slopes, water table, bedrock geology, and any other substrata conditions that may affect seismic response, landslide risk or liquefaction potential;

(c)

Conclusions and recommendations regarding the potential for, where applicable:

(1)

Surface rupture or other secondary ground effects of seismic activity at the site,

(2)

Active landsliding or slope failure,

(3)

Adverse groundwater conditions,

(4)

Liquefaction hazards;

(d)

Recommended building techniques, site preparation measures, or setbacks necessary to reduce risks to life and property from seismic damage, landslide, groundwater and liquefaction to insignificant levels.

(Ord. 68 § 9-3.613, 1983)

§ 9-3.614 Geologic Hazard Overlay Zone special standards.

All uses within a Geologic Hazard Overlay Zone are to be established and maintained in accordance with the following, as applicable:

(a)

Grading. Any grading not otherwise exempted from the permit requirements of Sections 9-4.138 et seq., is to be performed as engineered grading under the provisions of those sections.

(b)

Seismic Hazard Areas. No structure intended for human occupancy shall be located within 50 feet of an active fault trace within a special studies zone.

(Ord. 68 § 9-3.614, 1983)

§ 9-3.621 Purpose.

The Historic Site (HS) Overlay Zone recognizes the unique historical nature of historic resources listed on the California Register of Historical Resources and the National Register of Historic Places. The HS Overlay zone is intended to identify these regionally recognized historic resources. Refer also to Sections 9-4.163-9-4.169 (Historic Resources Ordinance).

(Ord. 678, 12/10/2024)

§ 9-3.622 Applicability of the HS Overlay Zone.

The HS Overlay Zone applies only to those parcels with historic resources that are listed on the California Register of Historical Resources or the National Register of Historic Places. Definitions in these Sections 9-3.621 — 9-3.623 shall be as defined in Section 9-4.165 (Historic Resources Definitions).

(Ord. 678, 12/10/2024)

§ 9-3.623 Processing requirements.

(a)

Alterations. Alterations to historic resources listed on the California Register of Historical Resources and the National Register of Historic Places shall comply with Section 9-4.167(b) (Precise Plan Review).

(b)

Relocation. Relocation of historic resources listed on the California Register of Historical Resources and the National Register of Historic Places shall comply with Section 9-4.168(a)(2) (Precise Plan Review).

(c)

Demolition. Demolition of historic resources listed on the California Register of Historical Resources and the National Register of Historic Places shall comply with Section 9-4.168(b) (Demolition of Historic Resources).

(Ord. 678, 12/10/2024)

§ 9-3.631 Purpose.

The Sensitive Resource Overlay Zone identifies areas with special environmental qualities, or areas containing unique or endangered vegetation or habitat resources. The purpose of these standards is to require that proposed uses be designed with consideration of the identified sensitive resources, and the need for their protection.

(Ord. 68 § 9-3.631, 1983)

§ 9-3.632 Applicability of Sensitive Resource Overlay Zone standards.

The standards of Sections 9-3.633 through 9-3.635 apply to all uses requiring a zoning approval that are located within a Sensitive Resource Overlay Zone except agricultural uses not involving buildings, agricultural accessory buildings and one single-family residence on a single lot of record.

(Ord. 68 § 9-3.632, 1983)

§ 9-3.633 Processing requirements.

The requirements established by Chapters 9-3 and 9-6 are modified for the Sensitive Resource Overlay Zone as follows:

(a)

Initial Submittal. The type of application to be submitted is to be as required by Chapter 9-3. That application will be used as the basis for an environmental determination as set forth in subsection (c) of this section, and depending upon the result of the environmental determination, the applicant may be required to amend the application to a conditional use permit application as a condition of farther processing of the request (see subsection (d) of this section).

(b)

Application Content. Applications for projects within a Sensitive Resource Overlay Zone are to include a description of measures proposed to protect the resources.

(c)

Environmental Determination.

(1)

When a plot plan, precise plan or conditional use permit application has been accepted for processing as set forth in Section 9-2.102, it shall receive an environmental determination pursuant to the California Environmental Quality Act (CEQA).

(2)

The initial study of the environmental determination is to evaluate the potential effect of the proposed project upon the particular features of the site or vicinity that are identified as the reason for the sensitive resource designation.

(d)

Final Application Requirement and Processing.

(1)

If an environmental determination results in the issuance of a negative declaration, the entitlement requirement is to remain as established for the initial submittal. In the event that a negative declaration identified mitigation measures necessary to reduce environmental impacts, such mitigation measures are to be applicable to the approved entitlement as conditions of approval.

(2)

If an environmental impact report is required, the project shall be processed and authorized only through conditional use approval (Section 9-2.110).

(Ord. 68 § 9-3.633, 1983)

§ 9-3.634 Required findings.

Where a conditional use permit is required by the provisions of the Sensitive Resource Overlay Zone, it may be approved only where the following findings are made:

(a)

The development will not create significant adverse effects on the natural features of the site or vicinity that were the basis for the Sensitive Resource Overlay Zone and will preserve and protect such features through the site design.

(b)

Natural features and topography have been considered in the design and siting of all proposed physical improvements.

(c)

Any proposed clearing of topsoil, trees, or other features is the minimum necessary to achieve safe and convenient access and siting of proposed structures and will not create significant adverse effects on the identified sensitive resource.

(d)

The soil and subsoil conditions are suitable for any proposed excavation. Site preparation and drainage improvements have been designed to prevent soil erosion and sedimentation of streams through undue surface runoff.

(Ord. 68 § 9-3.634, 1983)

§ 9-3.635 Minimum site design and development standards.

All uses within a Sensitive Resource Overlay Zone are to conform to the following standards:

(a)

Surface mining is not permitted.

(b)

Shoreline areas may not be altered by grading, paving, or other development of impervious surfaces for a distance of 75 feet from any lakeshore or 50 feet from any streambank, except where authorized through conditional use permit approval. Where the requirements of the California Department of Fish and Game or other public agency having jurisdiction are different, the more restrictive regulations shall apply.

(c)

Construction and landscaping activities shall be conducted to not degrade lakes, ponds, wetlands, or perennial watercourses through filling, sedimentation, erosion, increased turbidity, or other contamination.

(d)

Where a Sensitive Overlay Zone is applied because of prominent geological features visible from off-site (such as rock outcrops), those features are to be protected and remain undisturbed by construction activities or subsequent operation of the use, except where authorized by conditional use permit approval.

(Ord. 68 § 9-3.635, 1983)

§ 9-3.641 Purpose.

(c)

No subsequent plot plan, precise plan, conditional use permit, or tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development. Any amendment to a master plan of development, including conditions thereof, shall be accomplished as set forth in subsection (a) of this section.

(d)

A minimum front setback of 20 feet shall be provided along the El Camino Real frontage of all parcels. Rear setbacks shall be a minimum of 10 feet.

(e)

Plans shall make provision to develop an attractive appearance along Highway 101 through the use of landscaping, building and parking orientation and other means.

(f)

The number of driveways along El Camino Real shall be minimized to prevent potential traffic conflicts.

(g)

All utilities shall be installed underground.

(h)

Exterior building materials shall be reviewed for acceptability and shall exhibit compatible relationships between buildings on a particular site or parcel.

(Ord. 68 § 9-3.645, 1983)

§ 9-3.646 Establishment of Planned Development Overlay Zone No. 2: (PD2).

Planned Development Overlay Zone No. 2 is established as shown on the official zoning maps (Section 9-1.102). The following modifications to development standards are established:

(a)

The maximum density shall not exceed one dwelling unit for each four acres of land although individual lots may be smaller, provided that the overall project density conforms with the specified maximum density.

(b)

Individual lot sizes shall be established in conjunction with the tentative tract map considering physical features and site characteristics and shall not be required to comply with minimum lot size criteria, including the two and one-half (2½) acre minimum, required by the Residential Suburban Zone provided that the overall project density conforms with the specified maximum density.

(c)

Design of the subdivision shall incorporate mitigation measures set forth in the Final Environmental Impact Report.

(d)

A tentative tract map showing the proposed division of land for the entire site shall be submitted and approved prior to any site development. The tentative tract map may propose a phasing plan for improvements and for future land divisions.

(e)

Individual lots not created by the recordation of the tract map approved for the entire site shall not be permitted to be reduced in size by subsequent land division even though such lots might otherwise conform to criteria set forth in the Residential Suburban Zone.

(Ord. 68 § 9-3.646, 1983)

§ 9-3.647 Establishment of Planned Development Overlay Zone No. 3: (PD3).

Planned Development Overlay Zone No. 3 is established as shown on the official zoning maps (Section 9-1.102). The following modifications to development standards are established:

(a)

A minimum front setback of 10 feet shall be provided along the frontage of all parcels. Setback shall apply to buildings, structures and parking areas and shall be landscaped.

(b)

Parcels, including lots with double frontage, which have frontage on Santa Ynez Avenue, Amapoa Avenue, Navajoa Avenue and Atascadero Avenue with residentially-zoned property on the same or opposite side of the street, shall provide a 25 foot setback; provided, that the following may encroach not more than twelve and one-half (12½) feet into the setback:

(1)

A one-story building less than 15 feet in overall height when designed to minimize visual impacts on adjacent residential uses;

(2)

Parking when designated to minimize visual impacts on adjacent residential uses.

(c)

Nonresidential uses shall not use local streets as the primary access to parking areas except when it is determined that no other feasible means of access is available.

(d)

Nonresidential uses shall incorporate suitable screening and design features into plans in order to create a compatible relationship with adjacent residential uses.

(Ord. 68 § 9-3.647, 1983; Ord. 457 § 3, 2004)

§ 9-3.648 Establishment of Planned Development Overlay Zone No. 4: (PD4).

The Planned Development Overlay Zone No. 4 is established as shown on the official zoning maps (Section 9-1.102). The following modifications to development standards are established:

(a)

No lot shall be developed unless it is connected to Traffic Way by a paved road.

(b)

Industrial uses shall incorporate suitable screening and design features into plans in order to create a compatible relationship with nearby residential uses.

(c)

Areawide circulation deficiencies shall be evaluated prior to the establishment of traffic-generating industrial uses.

(d)

Waste created by proposed industrial processes shall be reviewed in conjunction with a plot plan, precise plan or conditional use permit. When community sewers are not available, the lack of adequate waste handling facilities shall be evaluated in considering whether or not to approve the application.

(Ord. 68 § 9-3.648, 1983)

§ 9-3.649 Establishment of Planned Development Overlay Zone No. 5: (PD5).

The Planned Development Overlay Zone No. 5 is established as shown on the official zoning maps (Section 9-1.102). The following development standards are established:

(a)

Approval of a conditional use permit reflecting a Master Plan of Development for a waterslide and related uses shall be required prior to approving a grading permit, or tentative parcel or tract map. The Master Plan of Development shall be applied for and processed as a conditional use permit (Section 9-2.110).

(b)

In approving a Master Plan of Development, the level of processing for subsequent projects or phases may be reduced to a plot plan provided that the Master Plan contains sufficient detail to support such a determination.

(c)

No subsequent plot plan, precise plan, conditional use permit, or tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. Any amendment to a Master Plan of Development, including conditions thereof, shall be accomplished as set forth in subsection (a) of this section.

(d)

Building architecture shall be compatible with the architecture of Hans Heilmann Regional Park.

(e)

Landscape plans shall make provision to develop a distinct buffer zone between the outdoor recreation use and adjacent residential property.

(Ord. 114 § 3, 1985)

§ 9-3.650 Establishment of Planned Development Overlay Zone No. 6: (PD6).

The Planned Development Overlay Zone No. 6 is established as shown on the official zoning maps (Section 9-1.102). The following development standards are established:

(a)

Approval of a conditional use permit reflecting a Master Plan of Development for a residential development and related uses shall be required prior to approving a grading permit, or tentative parcel or tract map. The Master Plan of Development shall be applied for and processed as a conditional use permit (Section 9-2.110).

(b)

(c)

(d)

Building height shall be limited to 30 feet (not to exceed two stories).

(e)

An open space easement shall be provided for those areas above the nine-hundred-sixty-foot (960) contour line as shown on the 1965 Atascadero, California USGS Quadrangle (15 minute series).

(f)

Deleted.

(g)

A Master Plan of Development prepared pursuant to this section shall include a traffic analysis and circulation study, including analysis of ingress and egress to the area originating/terminating at El Camino Real.

(h)

No development shall occur prior to the extension of sewer service to each lot, parcel, or building site proposed for development.

(i)

The developer or applicant for development entitlement shall contribute a fair share of the cost of required off-site drainage, sewage, and circulation improvements as identified in the Master Plan of Development and as required by the City Engineer.

(Ord. 133 § 3, 1986; Ord. 211 § 2, 1990)

§ 9-3.651 Establishment of Planned Development Overlay Zone No. 7: (PD7).

A Planned Development Overlay Zone No. 7 may be established in Multiple-Family Residential Zones. The following development standards shall be applied to all projects within Planned Development Zone No. 7:

(a)

A Master Plan of Development of the site shall be approved. All construction and development shall be done in conformance with the approved master plan.

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development.

(c)

A proposed planned development project shall consist of no fewer than four residential units.

(d)

A parent lot or lots shall have frontage on a public street.

(e)

Each dwelling unit shall be subject to review under the City's Appearance Review Guidelines.

(f)

Building setbacks shall be as follows:

Primary street yard at residence	15 feet
Side yards (combined)	10 feet
Corner street yard (corner lot)	12 feet
Rear yard (single-story)	10 feet
Rear yard (two-story)	15 feet

Garages shall be recessed from the front of the residence by at least five feet.

(1)

Physically Unique Sites. Sites with one or more mature trees, steep slopes, riparian areas and/or some other unique physical characteristic are not subject to the above setback requirements provided the following findings are made: (i) that flexibility from the above setback standards is necessary to enable the environmentally superior design alternative; (ii) that at least 50% of each individual lot will be landscaped; and (iii) that at least 60% of the net area of the overall site will be landscaped.

(g)

Building coverage (residence plus garage footprint) shall not exceed 35% of the individual lot area. Landscaping shall constitute a minimum of 40% of the lot area. The measurement of landscaped areas shall be exclusive of driveways, patios, decks, etc.

(h)

Two-story residences shall have a second floor that is limited to 75% of the gross area of the first floor inclusive of the garage.

(i)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(j)

Exterior fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units.

(k)

Accessory buildings (sheds, etc.) will be allowed; however, the footprint of such accessory buildings will count toward the maximum percent of allowable building coverage.

(l)

Each proposed lot shall have a minimum frontage of 45 feet, except that lots at the end of a cul-de-sac may be 40 feet.

(m)

Parking for two resident vehicles shall be provided in a garage with minimum interior dimensions of 20 feet by 20 feet. One guest parking space of at least nine feet by 18 feet shall be provided on each individual lot. The driveway area may be used to satisfy the guest parking requirement. On-street parking shall not be used to satisfy the parking requirements.

(n)

Private open space shall be provided for each residential unit at a ratio of 300 square feet for the first two bedrooms. Each bedroom in excess of two shall cause the private open space to be increased by 50 square feet. The required front yard setback area shall not be used to satisfy the open space requirement; however, side and rear setback areas may be utilized. The minimum width of the private open space area shall not be less than 10 feet.

(o)

Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trash cans within the garage or fenced area.

(p)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(q)

Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines.

(r)

All dwelling units shall be equipped with water conservation devices to include low-flow shower heads and toilets, and drip irrigation systems.

(Ord. 151 § 3, 1987; Ord. 150 § 3, 1987; Ord. 222 § 2, Exh. A, 1991; Ord. 325 § 2 (Exh. A), 1997; Ord. 660 § 5, 2022)

§ 9-3.652 Establishment of Planned Development Overlay Zone No. 8: (PD8).

Planned Development Overlay Zone No. 8 is established as shown on the Official Zoning Maps (Section 9-1.102). The following development standards are established:

(a)

A Master Plan of Development shall be approved prior to any development of the site. The master plan shall be processed in the same manner as a conditional use permit except that Master Plan may be submitted and processed in the same manner set forth for the processing of a tentative map.

(b)

In approving a Master Plan of Development for the site, the uses allowed shall be limited to:

(1)

Single-family dwellings;

(2)

Residential accessory uses (see Section 9-6.106);

(3)

Home occupation (see Section 9-6.105);

(4)

Temporary dwelling (see Section 9-6.176);

(5)

Pipelines;

(c)

No uses shall be established, or expanded, unless approved pursuant to a Master Plan following a public hearing.

(d)

The grove of oak trees located on the slope between the top of the knoll and the intersection of Santa Barbara and Atascadero Roads shall be preserved. In approving a Master Plan, or tentative map, efforts shall be made to place this extreme western portion of the property into open space easement, or otherwise ensure its preservation.

(e)

Residential uses shall be subject to appearance review.

(f)

An open space easement of 6.5± acres shall be maintained in perpetuity on the northern part of lot 1 created by parcel map AT 05-0364. The open space easement shall remain landscaped and with plant material in good condition consistent with the landscape plan adopted by CUP 2005-0175 (Master Plan of Development PD-8). No structures, vehicles, equipment, livestock or material shall be erected or stored in the open space easement. No further subdivisions or lot line adjustments shall be permitted of lot 1 created by parcel map AT 05-0364.

(g)

The limited grazing of animals for the purpose of annual wildfire fuel management is permitted.

(Ord. 221 § 3, Exh. B, 1991; Ord. 338 § 2, 1998; Ord. 518 § 2, 2007)

§ 9-3.653 Establishment of Commercial Park Planned Development Overlay Zone No. 9: (PD9).

Commercial Park Planned Development Overlay Zone No. 9 is established as shown on the official zoning maps (Section 9-1.102). The following development standards are established:

(a)

A Master Plan of Development shall be approved prior to approving a plot plan, precise plan, conditional use permit, tentative parcel map or tract map. The Master Plan shall be applied for and processed in the manner prescribed for a conditional use permit (Section 9-2.110).

(b)

The proposed Master Plan of Development shall generally incorporate the mitigation measures as contained in the final supplemental environmental impact report (EIR), prepared by Site and Environmental Design, February 1992. Depending on the proposed project, the EIR may need to be modified or expanded to address unforeseen environmental impacts.

(c)

In approving a Master Plan of Development, the level of processing for subsequent projects or phases may be reduced to a plot plan; provided, that the Master Plan contains sufficient detail to support such a determination.

(d)

No subsequent plot plan, precise plan, conditional use permit, tentative parcel map or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. Any amendment to the Master Plan, including conditions thereof, shall be accomplished as set forth in subsection (a) of this section.

(e)

In approving a Master Plan of Development for the site, the conditionally allowed land uses are limited to the following:

(1)

Automobile, mobilehome, and vehicle dealers and suppliers (see Section 9-6.163 of this title);

(2)

Accessory storage (see Section 9-6.103 of this title);

(3)

Building materials and hardware (see Section 9-6.165 of this title);

(4)

Business support services;

(5)

Contract construction services;

(6)

Eating and drinking places with drive-through facilities;

(7)

Electronic and scientific instruments;

(8)

Farm equipment and supplies;

(9)

Furniture and fixtures;

(10)

Horticultural specialties (see Section 9-6.116 of this title);

(11)

Hotels, motels;

(12)

Sales lots (see Section 9-6.139 of this title);

(13)

Small scale manufacturing;

(14)

Temporary events (see Section 9-6.177 of this title);

(15)

Temporary/seasonal sales (see Section 9-6.174 of this title);

(16)

Utility transmission facilities;

(17)

Vehicle and equipment storage (see Section 9-6.183 of this title);

(18)

Indoor recreation;

(19)

Pipelines;

(20)

Public assembly and entertainment.

(f)

Any development shall be served by City sewer.

(Ord. 249 § 3 (Exh. B), 1993; Ord. 525 § 3, 2008)

§ 9-3.654 Establishment of Residential Planned Development Overlay Zone No. 9: (PD9) North of Union Pacific Railroad.

Residential Planned Development Overlay Zone No. 9 is established as shown on the official zoning maps (Section 9-1.102 of this title). The following development standards are established:

(a)

A Master Plan of Development shall be approved prior to approving a plot plan, precise plan, conditional use permit, tentative parcel map, or tract map. The master plan shall be applied for and processed in the manner prescribed for a conditional use permit (Section 9-2.110 of this title).

(b)

The proposed master plan of development shall generally incorporate the mitigation measures as contained in the final supplemental environmental impact report (EIR), prepared by Site and Environmental Design, February 1992. Depending on the proposed project, the EIR may need to be modified or expanded to address unforeseen environmental impacts.

(c)

In approving a master plan of development, the level of processing for subsequent projects or phases may be reduced to a plot plan; provided, that the master plan contains sufficient detail to support such a determination.

(d)

No subsequent plot plan, precise plan, conditional use permit, tentative parcel map or tract map shall be approved unless found to be consistent with the approved master plan of development. Any amendment to the master plan, including conditions thereof, shall be accomplished as set forth in subsection (a) of this section.

(e)

In approving a master plan of development for the site, the conditionally allowed land uses are limited to the following:

(1)

Single family residential;

(2)

Age restricted senior housing developments;

(3)

Public parks;

(4)

Open space.

(f)

Single family residential development shall be subject to the following standards:

(1)

Each proposed lot shall have a minimum net lot area of 0.30 acres;

(2)

(Ord. 249 § 3 (Exh. B), 1993; Ord. 435 § 2, 2004)

§ 9-3.655 Establishment of Planned Development Overlay Zone No. 10: (PD10).

Planned Development Overlay Zone No. 10 is established as shown on the official zoning maps (Section 9-1.102 of this title). The development standards contained within the master plan of development document (CUP 2005-0156), as conditioned, shall be applied to all future development within the project area, and as follows:

(a)

All site developments shall require the approval of a master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

The Vesting Tentative Tract Map (TTM 2003-0044) and any subsequent amendments for the site shall be consistent with CUP 2003-0117. All construction and development shall conform to the approved master plan of development, as conditioned.

(c)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(d)

The residential dwelling units, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved master plan of development.

(e)

Building setbacks, landscape area, and lot coverage shall be as identified within the approved master plan of development.

(f)

All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained, as approved through a homeowners' association or similar maintenance mechanism.

(g)

All utilities, including electric, telephone and cable, along the frontage of, and within the PD and along the project frontages shall be installed and/or relocated underground.

(h)

An open space and tree preservation easement shall be recorded on the final map over the existing riparian area.

(Ord. 263 § 2 (Exh. B), 1993; Ord. 296 § 2 (Exh. A), 1996; Ord. 485 § 2, 2005)

§ 9-3.656 Establishment of Planned Development Overlay Zone No. 11: (PD11).

The Planned Development Overlay Zone No. 11 is established as shown on the official zoning maps (Section 9-1.102 of this title). The conditions of development are established:

Conditions of Approval.

(a)

Planning Division.

(1)

To ensure conformance with the provisions of the PD-11 Overlay Zone, a master plan of development shall be prepared which satisfies all of the following conditions prior to the recordation of any final document implementing Lot Line Adjustment 94-005. The Master Development Plan shall consist of the one inch equals 40 feet plans entitled "Precise Road Alignment/Lot Grading Plan," amended and supplemented, as required by these conditions.

(2)

A Mitigation Monitoring Program, prepared in conformance with the Mitigation Monitoring Plan contained in the final EIR for this project, shall be prepared and implemented prior to the commencement of any construction. Preparation of the Mitigation Monitoring Program shall be the financial responsibility of the applicant.

(3)

The applicant shall demonstrate, to the satisfaction of the City Attorney, that adequate title and/or interest has been obtained for the existing Colony rights-of-way within the project boundary prior to approval of the Master Development Plan.

(4)

The Master Development Plan shall show the location of building envelopes, leach field areas, and driveways for lots whose average slope exceeds 30%. The building, leach field and driveway locations shall be subject to the review and approval of the Community Development Director.

(5)

Open space easements to provide wildlife corridors shall be provided in conformance with the recommendations of the Final EIR. Limits on fencing and other detrimental uses within easement areas shall be restricted by the project CC and R's. The location of the easements and CC and R restrictions shall be subject to the review and approval of the Community Development Director.

(6)

The "Open Space" lots (Lots A, B and C) as shown on Exhibit B shall be offered for dedication to the City.

(7)

Road Abandonment 94-001 shall be completed and all necessary documents shall be recorded prior to, or simultaneously with the recordation of any final document(s) implementing LLA 94-005.

(8)

Retaining walls shall be used wherever feasible to reduce the amount of grading necessary for the construction of roads and homes. Grading plans shall be reviewed by the City Engineer and Community Development Director to ensure that proposed grading does not exceed that necessary to develop the site.

(9)

Road maintenance agreements, in a form approved by the City Attorney, shall be prepared and recorded for each group of lots which share a driveway or other common access. The agreements may be made a part of the CC and R's, or may be recorded as deed restrictions, or may be recorded as separate road maintenance agreements.

(10)

The applicant shall prepare a Comprehensive Restoration Plan (CRP) as part of the road improvement plans. The CRP shall be prepared by a qualified professional and shall address plant lists, planting methods (to include slope preparation, mulching and slope protection), and a maintenance program, including weed control and irrigation. The CRP shall be reviewed and approved by the City Engineer and Community Development Director prior to the issuance of permits for road construction.

(11)

The lot line adjustment shall not result in the establishment of any greater number of lots that are nonconforming due to lot size than currently exists. The lot line adjustment shall not result in the establishment of any lot which is smaller than the smallest currently existing Colony lot within the subject site.

(b)

Fire Department.

(1)

Water Supply.

(i)

Prior to final occupancy release by the City, the minimum required fire flow shall be 1,000 gallons per minute at 20 psi residual pressure for a 120-minute duration in residential development, or as approved by the Fire Chief. The required fire flow will increase, as provided in UFC Appendix III-A, based on square feet of residential construction, with a 50% fire flow credit for automatic sprinkler systems.

Verification must be provided from water company or fire department records in established areas or by a proof of design test at the completion of new on-site water main construction. Homes designated strictly as model homes and/or sales offices, but with no residential occupancy, shall be granted exemption from the required fire flow as approved by the Fire Chief.

(ii)

Underground fire service mains and appurtenances shall conform to NFPA 24 minimum standard and plans are reviewed by the Fire Department prior to installation. The underground main size shall be a minimum of eight inch diameter.

If combustible building materials are used, a temporary onsite water tank with an approved Fire Department connection shall be installed prior to any stockpiling or installing any combustible materials.

(iii)

Fire Hydrants. The minimum number and distribution of fire hydrants is one hydrant every 500 feet as provided in UFC Appendix III-B. The fire hydrant will be Atascadero Mutual Water Company specification with one four and one-half (4½) inch and one or more two and one-half (2½) inch outlets. Existing hydrants may be adequate, provided they consist of a minimum of one four and one-half (4½) inch and one two and one-half (2½) inch outlet.

New hydrant color will be Safety Yellow for public right-of-way and Safety Red for private right-of-way. All hydrants in the public right-of-way to have "Blue Dot" highway reflector installed on the adjacent street of driveway to clearly identify the fire hydrant location.

(iv)

The dwellings shall be equipped with a residential automatic fire sprinkler system. The sprinkler system will be designed and installed according to NFPA Pamphlet No. 1 3D. The fire department requires a minimum one inch water meter for residential sprinkler systems.

(2)

Fire Apparatus Access.

(i)

If combustible construction materials are used, all required public access roadways shall be completed to a minimum width of 20 feet, or as described in subsections (a.) and (b.) below, capable of supporting 40,000 pounds, with an all-weather surface, to within 150 feet of all stockpiles and all sides of buildings with combustible construction. The access roadways to be posted "No Stopping/Fire Lane" and shall not be used for the storage of materials. Proposed private roads, driveways or extensions of existing roads shall be designed and constructed as follows:

Single-family residential access road. A vehicular access to more than one parcel or vehicular access to a single parcel with more than two buildings or more than three dwelling units shall be 12 feet width for one-way traffic and 16 feet width for two-way traffic. The road shall also provide for a 10 foot fuel modification area on each side.

Driveway. A vehicular access to a single parcel with one or two buildings, having no more than three dwelling units on a single parcel and any number of accessory buildings.

Length	Required Width
0—49 feet	12 feet
50—99 feet	14 feet
Greater than 200 feet	16 feet (Note 1 and Note 2)

NOTES:
1.	For driveways exceeding 300 feet, turnaround shall be provided at the building site and must be within 50 feet of the dwelling.
2.	For driveway exceeding 800 feet, a turnout shall be provided at the midpoint or every 400 feet.

(ii)

Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet and six inches. Driveways shall have not less than 15 feet of vertical clearance.

(iii)

Fire apparatus access roads and driveways shall be designed and maintained to support the imposed loads of 40,000 pounds at 25 miles per hour, and shall be provided with a surface so as to provide all-weather driving capabilities.

(iv)

The turning radius of a fire apparatus access road shall have a horizontal inside radius curvature of not less than 28 feet inside radius and 48 feet outside radius.

(v)

All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for turning around of fire apparatus. The bulb or cul-de-sac radius shall not be less than 40 feet. The hammer-head T shall extend a minimum of 30 feet to each side of the centerline of the entry road and be 18 feet wide. The turnaround shall extend 40 feet from the entry road and be a minimum of 18 feet wide. Where parcels are zoned five acres or larger, turnarounds shall be provided at intervals of approximately 1,320 feet, or as approved by the Fire Chief. Each dead-end road shall have a turnaround constructed at its terminus.

(vi)

The minimum level of improvement is determined by the grade of the access road or driveway providing access from the road to the building site or parking area as follows (UFC 10.204):

Surface	Minimum Grade
All-Weather	Less than 12 percent
Nonskid (Note 1)	12 percent to 16 percent
Nonskid (Note 2)	Over 16 percent

Note 1.	Surface shall be asphalt or concrete in the City of Atascadero Engineering Standard Specifications and Drawings including a nonskid finish (brushed concrete or equivalent pavement).
Note 2.	A driveway/access road that would provide a grade greater than 16% and less than 20% and is designed by a Registered Civil Engineer may be considered on a case-by-case basis by the Fire Chief.

(vii)

The maximum length of dead-end road, including all dead-end roads accessed from the dead-end roads, shall use the following cumulative lengths as a guideline for approval by the Fire Chief, regardless of the number of parcels served:

Parcels less than 1 acre	800 feet
Parcels 1 acre to 4.66 acres	1,320 feet
Parcels 5 acres to 19.99 acres	2,640 feet
Parcels 20 + acres	5,290 feet

All lengths shall be measured from the edge of the roadway surface at the intersection that begins from the road to the end of the dead-end road surface at its farthest point. Where a dead-end road crosses areas of differing zones, the shortest allowable length shall apply.

(3)

Fuel Management. All parcels shall comply with the Fire Department's wildland fuel management program. The hazardous vegetation that the program is concerned with is seasonal and recurrent in nature. Therefore, the operation of the program is planned on a continuous annual basis.

(c)

Engineering Division.

(1)

Road Improvements—General.

(i)

All road improvements shall be constructed in accordance with the City Engineering Department Standard Specifications and Drawings or as directed by the City Engineer.

(ii)

An encroachment permit shall be obtained from the City Engineering Department prior to the start of construction. The applicant shall enter into a Plan Check/Inspection agreement with the City.

(iii)

Road improvement plans prepared by a registered civil engineer shall be submitted for review and approval by the City Engineer prior to approval of the Master Development Plan.

Road improvement plans shall conform to the requirements of the City Standard Specifications, Section 2—Preparation of Plans. R-value testing shall be done, and pavement sections designed by a registered civil engineer to the satisfaction of the City Engineer.

(2)

Road Improvements—On-Site.

(i)

The following roads shall be fully improved to a Rural Hillside Collection Section (City Std. 404), or as approved by the City Engineer prior to the issuance of building permits. The structural section shall be based on a T.I. = 5.0.

San Marcos Road from the project boundary to the intersection of Cenegal Road (prior to Phase I);

Cenegal Road from the project boundary to the intersection of San Marcos Road (prior to Phase II);

(ii)

All other roads within the project boundary shall be fully improved to a Rural Hillside Local Section (City Std. 402), or as approved by the City Engineer prior to the issuance of building permits. The structural section shall be based on a T.I. = 4.0.

(iii)

The minimum right-of-way width for all on-site roads shall be 50 feet.

(iv)

All cul-de-sacs shall meet the requirements of City Standard 415, Typical Cul-de-Sac for rural areas with an unobstructed turning radius of 40 feet and a paved radius of 34 feet, or as approved by the City Fire Marshal. Areas not paved within the 40-foot unobstructed turning radius shall be designed and maintained to support imposed loads of 40,000 pounds at 25 miles per hour and shall be provided with a surface which provides for all weather driving capabilities.

(v)

Slope easements shall be provided on each side of the right-of-way as needed to accommodate cut slopes, fill slopes and/or retaining structures.

(vi)

Curve widening shall be constructed on all on-site roads in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer.

(vii)

On-site road alignments shall be designed such that all existing streets, roads and alleys outside the project boundary, which intersect the project boundary, are provided with, and capable of obtaining, access from the on-site roads. Road alignments outside the project boundary, which intersect the project boundary, shall be clearly shown on the improvement plans.

(viii)

The applicant shall install all necessary street name and traffic signs as well as all necessary traffic striping and markings as required by the City Engineer.

(ix)

The applicant shall offer to dedicate all road rights-of-way for on-site roads to the City. The irrevocable offer of dedication shall be filed prior to, or simultaneously with, the recordation of any final document implementing Lot Line Adjustment 94-005.

(3)

Road Improvements—Off-Site.

(i)

Curve widening shall be constructed on Los Altos Road from Highway 41 to San Marcos Road where curve radii is less than 200 feet. Curve widening shall be constructed in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. Plans for the curve widening shall be submitted for review and approval by the City Engineer prior to the approval of the Master Development Plan.

The curve widening on Los Altos Road shall be constructed when the ADT on Los Altos Road reaches 500 vehicles per day, with the development of the twenty-seventh lot in Phase 1, or within three years of the issuance of building permits for Phase 1, whichever is earlier.

(ii)

A "Stop" sign and stop bar shall be constructed at the intersection of Los Altos Road and San Marcos Road and shall be constructed with the development of Phase 1 of the project and prior to the issuance of building permits.

(iii)

San Marcos Road between Los Altos Road and the project boundary shall be improved preparatory to acceptance of this portion of road into the City maintained system.

Curve widening shall be constructed where curve radii is less than 200 feet. Curve widening shall be constructed in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. Improvement plans for the curve widening shall be submitted for review and approval by the City Engineer prior to approval of the Master Development Plan.

San Marcos Road between Los Altos Road and the project boundary shall be improved prior to the development of Phase 1 of the project and prior to the issuance of building permits.

(iv)

The applicant shall enter into a maintenance agreement with the City for the portion of San Marcos Road between Los Altos Road and the project boundary. The agreement shall guarantee that damage to the road which results from construction traffic generated by the development of the project is properly repaired. The agreement shall be reviewed and approved by the City Engineer and the City Attorney. The agreement shall remain in-force throughout construction of Phase 1 and Phase 2 of the project.

A maintenance security in a form acceptable to the City Attorney and the City Engineer shall be posted for the portion of San Marcos Road between Los Altos Road and the project boundary. The maintenance security shall remain effective until final acceptance of both Phase 1 and Phase 2 of the project.

(v)

The existing left-turn lane on State Highway 41 for eastbound traffic entering Los Altos Road shall be brought into conformance with current Caltrans Design Standards. New left-turn lane improvements shall be constructed on State Highway 41 for eastbound traffic entering the driveway serving lots 109-112. Prior to the issuance of any additional building permits for housing units after the year 2013; the applicant shall provide the City with updated financial assurance mechanisms for the left-turn lane improvements at Los Altos Road.

Timing (Los Altos Road): The improvements necessary to bring the existing left-turn lane on State Highway 41 for eastbound traffic entering Los Altos Road into conformance with current Caltrans Design Standards shall be constructed within three years of the effective date of the ordinance amendment or prior to the issuance of the 52nd housing unit building permit, whichever occurs first. No additional housing unit building permits will be issued if either of the preceding timing requirements is triggered.

(Lots 109-112) The new left-turn lane improvements for eastbound traffic on State Highway 41 entering the driveways accessing Lots 109-112 shall be constructed prior to the issuance of the first housing unit building for with the development of any portion of Lots 109-112, unless Caltrans modifies or eliminates the left-turn lane requirements for the driveway accessing Lots 109-112.

(vi)

The existing residential driveway approach serving lots 109-112 shall be brought up to current Caltrans Design Standards.

Timing: Prior to the issuance of the first housing unit building permit for any portion of Lots 109-112.

(vii)

Applicable sight distance improvements in accordance with current Caltrans Design Standards shall be constructed at the intersection of Los Altos Road and State Highway 41, and at the intersection of the driveway serving Lots 109-112 and State Highway 41. Improvement plans for the sight distance improvements shall be submitted for review and approval by Caltrans and the City Engineer.

Timing: Interim sight distance improvements for the current configuration of the Highway 41 and Lost Altos Road intersection shall be completed within six months of the effective date of this ordinance amendment. Ongoing interim sight distance maintenance shall be completed by September 15th each year thereafter and until the final intersection improvements are completed and accepted by Caltrans. Interim sight distance improvements and ongoing interim maintenance shall be completed as permitted by Caltrans and relevant permitting agencies and subject to the City Engineer's verification. The City Engineer may stop issuance of building permits for housing units if the sight distance maintenance is not conducted.

Final sight distance improvements for the Highway 41 and Los Altos Road intersection shall be constructed together with the final intersection improvements within three years of the effective date of this ordinance amendment or prior to the issuance of building permits for the 52nd housing unit, whichever occurs first. No additional housing unit building permits will be issued if either of the preceding timing requirements is triggered.

The sight distance improvements for the driveways accessing Lots 109-112 shall be constructed prior to the issuance of the first housing unit permit for any portion of Lots 109-112.

(viii)

Advisory and warning signage shall be installed along State Highway 41 to advise drivers of the approaching intersection with Los Altos Road and the driveway serving Lots 109-112. Signage shall be designed and installed to comply with, and as allowed by, Caltrans Standards. Improvement plans for the interim and final advisory and warning signage shall be submitted for review and approval by Caltrans and the City Engineer. Prior to the issuance of any additional housing unit building permits after the year 2013; the applicant shall provide updated financial assurance mechanisms for the final advisory and warning signage improvements.

Timing: interim advisory and warning signage improvements for Los Altos Road shall be constructed within six months of the effective date of this ordinance amendment. No additional building permits for housing units will be issued after six months of the effective date of this ordinance amendment, if the preceding timing requirement is not satisfied, unless the City Engineer and Community Development Director grant a time extension. Time extension requests will only be considered for delays that are outside of the applicant's control. Final advisory and warning signage improvements shall be constructed within three years of the effective date of this ordinance amendment or prior to the issuance of building permits for the 52nd housing unit, whichever occurs first. No additional housing unit building permits will be issued if either of the preceding timing requirements is triggered.

The advisory and warning signage improvements for the driveways accessing Lots 109-112 shall be constructed prior to the issuance of the first housing unit permit for any portion of Lots 109-112.

(ix)

A right-turn taper in compliance with the Caltrans Highway Design Manual, Chapter 400, Intersections at Grade, Figure 405.7, or as directed by Caltrans, shall be constructed on State Highway 41 for westbound traffic entering Los Altos Road. Improvement plans for the right-turn taper shall be submitted for review and approval by Caltrans and the City Engineer. Prior to the issuance of any additional housing unit building permits after the year 2013; the applicant shall provide updated financial assurance mechanisms for the right turn taper.

Timing: A right-turn taper, in compliance with the California Caltrans Highway Design Manual, Chapter 400 Intersections at Grade, Figure 405.7, or as directed by Caltrans, for Los Altos Road shall be constructed within three years of the effective date of this ordinance amendment or prior to the issuance of building permits for the 52nd housing unit, whichever occurs first. No additional housing unit building permits will be issued if either of the preceding timing requirements is triggered.

(x)

Curve widening shall be constructed on the following roads where curve radii is less than 200 feet. Curve widening shall be constructed in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. Plans for the curve widening shall be submitted for review and approval by the City Engineer prior to the approval of the Master Development Plan.

Laurel Avenue from Santa Lucia Road to Cenegal Road.

Cenegal Road from Laurel Avenue to the project boundary.

The curve widening shall be constructed when the ADT on Laurel Avenue reaches 500 vehicles per day, with the development of the thirty-eighth lot in Phase 2, or within three years of the issuance of building permits for Phase 2, whichever is earlier.

(xi)

A three-foot wide Class II base or other all weather surface walkway shall be provided along one side Cenegal Road from the project boundary to Laurel Avenue and along Laurel Avenue from Cenegal Road to Santa Lucia Road, or as approved by the City Engineer. Improvement plans for the walkways shall be submitted for review and approval by the City Engineer and Community Development Director prior to approval of the Master Development Plan.

The three-foot-wide pedestrian walkway shall be constructed when the ADT on Laurel Avenue reaches 500 vehicles per day, with the development of the thirty-eighth lot in Phase 2, or within three years of the issuance of building permits for Phase 2, whichever is earlier.

(4)

Drainage.

(i)

All drainage improvements shall be constructed in accordance with the City Engineering Department Standard Specifications and Drawings or as directed by the City Engineer.

(ii)

A grading and drainage plan for each lot, prepared by a registered civil engineer, shall be submitted for review and approval by the City Engineer prior to the issuance of building permits. A registered civil engineer shall provide a written statement that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC).

(iii)

An erosion control plan addressing interim erosion control measures to be used during the construction shall be submitted for review and approval by the City Engineer. Erosion control measures shall be in-place between October 1st and April 1st.

Prior to issuance of Grading Permits, and if required under the Clean Water Act (CWA), the applicant shall obtain the necessary permits in compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES).

(5)

Utilities.

(i)

All relocation and/or alteration of existing utilities shall be the responsibility of the applicant.

(ii)

The applicant shall submit a composite utility plan signed and approved by a representative for each public utility company along with the improvement plans.

(iii)

The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Fire hydrants shall be installed at locations as required by the City Fire Marshal. Utilities shall be extended to the property line frontage of each parcel or its public utility easement.

(iv)

Any utility trenching in existing streets shall be overlayed to restore a smooth riding surface to the satisfaction of the City Engineer.

(6)

General.

(i)

A Preliminary Soils Report shall be prepared for the property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all grading was inspected and approved and that all work done is in accordance with the plans and the preliminary report.

(ii)

All improvements shall be covered with a 100% Performance Guarantee and a 50% Labor and Materials Guarantee until the improvements are deemed substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees mentioned in this condition are released, a 10% Maintenance Guarantee shall be posted to cover the improvements for a period of one year from the date of the final inspection. The guarantee amounts shall be based on an engineer's estimate submitted by the project engineer and approved by the City Engineer. The guarantees posted for this project shall be approved by the City Attorney.

(iii)

A mylar copy and a blue line print of as-built improvement plans, signed by the registered engineer who prepared the plans, shall be provided to the City Engineer prior to the final inspection.

(iv)

The applicant shall acquire title or interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions.

(v)

All improvements shall be completed or bonded for prior to the approval of the Master Development Plan. If the improvements are to be bonded, the applicant shall enter into a Performance Agreement with the City. The form and content of the Performance Agreement shall be reviewed and approved by the City Engineer and City Attorney.

(Ord. 286 § 3 Exh. C, 1995; Ord. 409 § 3, 2003; Ord. 580 § 2, 2014)

§ 9-3.657 Establishment of Planned Development Overlay Zone No. 12 (PD12).

Planned Development Overlay Zone No. 12 is established as shown on the official zoning maps (Section 9-1.102 of this title). A Planned Development Overlay Zone No. 12 is established on all parcels within Tract 2626 including any future subdivision thereof with a total gross acreage of 63.3 acres. The maximum residential density within the planned development shall not exceed 350 residential units, including a maximum base residential density for the vacant commercial site at 71 residential units, consistent with the previous environmental analysis for the project site. A minimum 5.19-acre commercial retail property and 27.7 acres of common and natural open space on the 63.3-acre project site shall be provided. The development standards contained within the master plan of development document (CUP 2003-0099) and DEV23-0079, as conditioned shall be applied to all future development within the project area, and as follows:

(a)

The Vesting Tentative Tract Map (TTM 2003-0033) and Vesting Tentative Tract Map (TR 3229) and any subsequent amendments for the site shall be consistent with CUP 2003-0099 and DEV23-0079. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(c)

The commercial area, residential dwelling units, landscaping, walls, and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved master plan of development.

(d)

Building setbacks lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development.

(e)

Alterations or additions to established dwelling units shall be subject to the density and development standards of the master plan of development.

(f)

Subsequent amendments to the master plan of development shall be approved by Planning Commission Resolution.

(g)

The commercial center will retain the Commercial Retail zoning district designation. The following allowable uses are proposed for this district within the PD12 overlay zone:

(1)

Artisan Food and Products;

(2)

Bar/Tavern;

(3)

Farmer's Market;

(4)

Food and beverage retail sales;

(5)

General Retail;

(6)

Indoor Recreation Services;

(7)

Microbrewery/Brewpub;

(8)

Tasting Room;

(9)

Winery - Boutique;

(10)

Temporary or seasonal sales;

(11)

Temporary offices;

(12)

Personal services;

(13)

Eating and drinking places;

(14)

Hotels and motels;

(15)

Bed and breakfast; and

(16)

Temporary events.

(h)

The conditionally allowed uses within the Commercial Retail zone shall be limited to the following:

(1)

Amusement services;

(2)

Financial services;

(3)

Indoor recreation services;

(4)

Membership organizations;

(5)

Multi-family dwelling; and

(6)

Offices.

(i)

All residential and open space use shall be consistent with the requirements of the underlying zoning district except as allowed by the master plan of development.

(Ord. 462 § 2, 2004; Ord. 538 § 2, 2009; Ord. 674, 7/9/2024)

§ 9-3.658 Establishment of Planned Development Overlay Zone No. 14: (PD14).

Planned Development Overlay Zone No. 14 is established on the official zoning maps (Section 9-1.102 of this title). The following development standards and conditions applicable therein are also established.

(a)

The maximum density shall not exceed one dwelling unit for each acre of land although individual lots may be smaller provided that the overall project density conforms to the specified maximum density.

(b)

Individual lot sizes shall be established in conjunction with the Tentative Tract Map and shall not be required to comply with minimum lot size criteria for the Residential Single Family (RSF-Y) (one acre minimum with sewer, one and one-half (1.5) acre minimum without) provided that the overall density conforms to the specified maximum density.

(c)

Design of the subdivision and construction of the project shall incorporate mitigation measures set forth in the Final Environmental Impact Report (EIR) prepared by Firma, September 1998.

(d)

A Tentative Tract Map showing the proposed division of land for the entire site shall be submitted and approved prior to any site development. The Tentative Tract Map may propose a phasing plan for improvements and future land divisions.

(e)

Individual lots created by the tract map approved for the entire site shall not be permitted to be reduced in size by subsequent land division.

(Ord. 357 § 4, Exh. B, 1999)

§ 9-3.660 Establishment of Planned Development Overlay Zone No. 15: (PD15).

Planned Development Overlay Zone No. 15 is established as shown on the official zoning map (Section 9-1.102 of this title). All development within the district shall be in conformance with the development standards and established herein:

(a)

Purpose. The purpose of the district is to allow the creative clustering of residential parcels to preserve sensitive environmental features and provide common open space by allowing lot size smaller than the underlying zone's minimum.

(b)

Development Standards.

(1)

The maximum density shall not exceed two dwelling units for each gross acre of land. Individual lot sizes may be smaller provided the overall project density conforms to the specified maximum density.

(2)

Individual lot sizes shall be established in conjunction with a Tentative Tract Map and shall not be required to comply with the minimum lot size criteria for the Residential Single Family One half Acre Minimum District (RSF-X), provided the overall density conforms to the specified maximum density.

(3)

City sewer service and water service from the Atascadero Mutual Water Company shall be provided to all residential lots.

(4)

In no case shall a residential lot size be less than one-quarter (1/4) acre, nor exceed a three-to-one (3:1) depth-to-width ratio.

(5)

A master plan of development shall be approved in conjunction with any Tentative Tract Map application. All subdivision improvements and subsequent development shall be consistent with the master plan of development. The master plan of development shall contain the following:

(i)

A site plan indicating land use, common open space, circulation, lot sizes, slopes, native trees and common landscape features;

(ii)

A statistical summary of the projects land uses and densities;

(iii)

A statement of project features that will provide a public benefit;

(iv)

Any special development standards that will be required of future development;

(v)

Individual building plans and elevations are not required.

(6)

Access. No lot shall take access from Seperado Avenue with exception to Lot 10 and Lot 30 to serve the primary residence. Secondary driveways on Lot 10 and 30 are prohibited.

(Ord. 367 § 2 Exh. A, 1999; Ord. 476 § 2, 2005)

§ 9-3.661 Establishment of Planned Development Overlay Zone No. 16: (PD16).

Planned Development Overlay Zone No. 16 is established as shown on the official zoning map (Section 9-1.102 of this title). All development within the district shall be in conformance with the development standards and established herein:

(a)

Purpose. The purpose of the district is to allow the creative clustering of residential parcels to preserve sensitive environmental features and provide open space by allowing lot sizes smaller than the underlying zone's minimum lot size requirements in the RS, RSF, LSF Zoning Districts.

(b)

Development Standards.

(1)

The maximum density shall not exceed that allowed by the underlying zoning district and general plan designation. Individual lot sizes may be smaller provided the overall project density conforms to the specified maximum density.

(i)

Minimum individual lot sizes shall be at least one acre (gross) for parcels served by on-site septic systems and 1/2 acre (net) for lots served by the City's sewer system.

(2)

Lots shall utilize common access when feasible.

(3)

Open space easements shall be provided for each project. All open space easements shall be designated as nonbuild, nonstorage areas on the final parcel/tract maps. (Septic systems are allowed to be located within the open space easements.)

(4)

All building sites within the planned development shall be located on slopes under 20%.

(5)

Development on each parcel shall be designed to avoid native tree impacts, preserve the contours of the hills, protect prominent view sheds, maintain wildlife corridors and minimize impacts to significant drainage areas and blue-line creeks.

(6)

A master plan of development shall be approved in conjunction with any tentative tract/parcel map application. All subdivision improvements and subsequent development shall be consistent with the master plan of development. The master plan of development shall contain the following:

(i)

A site plan indicating land use, open space, circulation, lot sizes, slopes, native trees, building sites and common landscape features;

(ii)

A statistical summary of the project's land uses and densities;

(iii)

A statement of project features that will provide a public benefit;

(iv)

Any special development standards that will be required of future development;

(v)

Individual building plans and elevations are not required.

(Ord. 387 Exh. A, 2002)

§ 9-3.662 Establishment of Planned Development Overlay Zone No. 17: (PD17).

A Planned Development Overlay Zone No. 17 may be established in the RSF-X Single-Family Residential Zones on lots with a net acreage exceeding one acre. The maximum density within the planned development shall not exceed a gross density of four (4.0) units per acre. The following development standards shall be applied to all projects within Planned Development Zone No. 17:

(a)

A Master Plan of Development of the site shall be approved. All construction and development shall be done in conformance with the approved Master Plan of Development.

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development.

(c)

A proposed planned development project shall consist of no fewer than four residential units.

(d)

A parent lot or lots shall have frontage on a public street.

(e)

Each dwelling unit shall be subject to review under the City's Appearance Review Guidelines.

(f)

Building setbacks shall be as follows:

Primary street yard at porch	15 feet
Primary street yard at dwelling	20 feet
Primary street yard at garage	25 feet
Side yards	5 feet
Corner street yard (corner lot)	12 feet
Rear yard	10 feet
Accessory structure side and rear yards	5 feet

Garages shall be recessed from the front of the residence by at least 10 feet.

(1)

(g)

(h)

Two-story residences shall have a second floor that is limited to 75% of the gross area of the first floor inclusive of the garage.

(i)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(j)

Exterior fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units.

(k)

Accessory buildings (sheds, etc.) will be allowed; however, the footprint of such accessory buildings will count toward the maximum percent of allowable building coverage.

(l)

Each proposed lot shall have a minimum frontage of 60 feet measured at the 25 foot setback line. The minimum net lot area shall be 6,400 square feet.

(m)

(n)

All front yards and street facing side yards shall be landscaped.

(o)

Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area.

(p)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(q)

Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines.

(r)

No farm animals may be kept on a lot.

(Ord. 402 § 2, 2002; Ord. 660 § 5, 2022)

§ 9-3.663 Establishment of Planned Development Overlay Zone No. 18: (PD18).

A Planned Development Overlay Zone No. 18 may be established in the RMF-16 Multifamily Residential Zones on parcels APN 030-481-005 and 030-481-006 with a combined net acreage of 2.94 acres. The maximum density within the planned development shall not exceed a gross density of 10 units per acre. The following development standards shall be applied to the Planned Development Zone No. 18:

(a)

The master plan of development (CUP 2002-0074) for the site shall be approved. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(c)

Each dwelling unit, landscaping, walls and fencing shall be subject to review under the City's Appearance Review Requirements.

(d)

Building setbacks lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development:

(e)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(f)

Parking for two resident vehicles shall be provided in a garage with minimum interior dimensions of 20 feet by 20 feet. A minimum of one guest parking space of at least nine feet by 18 feet shall be provided on-site for each unit. The driveway area may be used to satisfy the guest parking requirement. On-street parking shall not be used to satisfy the parking requirements.

(g)

All front yards, street facing side yards, project perimeter, and two-to-one (2:1) slopes exceeding five feet in height shall be landscaped.

(h)

Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area.

(i)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(j)

Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines.

(Ord. 417 § 2, 2003)

§ 9-3.664 Establishment of Planned Development Overlay Zone No. 19: (PD19).

A Planned Development Overlay Zone No. 19 may be established in the RSF-Y Single Family Residential Zones on parcels APN 049-191-002, 026, 027, 028, and 030 with a combined gross acreage of 28 acres. The maximum density within the planned development shall not exceed a gross density of 70 units on the 28 acre project site. The following development standards shall be applied to the Planned Development Zone No. 19:

(a)

The master plan of development (CUP 2002-0082) for the site shall be approved. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(c)

Each dwelling unit, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved master plan of development.

(d)

Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development.

(e)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(f)

Parking for two resident vehicles shall be provided in a garage with minimum interior dimensions of 20 feet by 20 feet. A minimum of two guest parking spaces of at least nine feet by 18 feet shall be provided on-site for each unit. The driveway area may be used to satisfy the guest parking requirement. On-street parking shall not be used to satisfy the parking requirements.

(g)

All front yards, street facing side yards, project perimeter, common areas, and two-to-one (2:1) slopes exceeding five feet in height shall be landscaped.

(h)

Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area.

(i)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(j)

Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines.

(Ord. 424 § 2, 2003)

§ 9-3.665 Establishment of Planned Development Overlay Zone No. 20: (PD20).

A Planned Development Overlay Zone No. 20 may be established in the RMF-16 Multifamily Residential Zones on parcels APN 045-358-10 with a combined gross acreage of 2.9 acres. The maximum density within the planned development shall not exceed a gross density of 40 units on the 2.9 acre project site. The following development standards shall be applied to the Planned Development Zone No. 20:

(a)

The master plan of development (CUP 2002-0064) for the site shall be approved. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(c)

Each dwelling unit, landscaping, walls and fencing shall be subject to review under the City's Appearance Review Requirements consistent with the approved master plan of development.

(d)

Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development.

(e)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(f)

Parking for one resident vehicle shall be provided in a garage with minimum interior dimensions of 12 feet by 20 feet. A minimum of one parking space of at least nine feet by 20 feet shall be provided within the driveway area of each unit and may be used to satisfy a portion of the guest parking requirement. Gross total project parking shall be 2.8 spaces per unit. Driveway widths may be tapered to less than 18 feet to accommodate street tree planting. A minimum of one guest parking space of at least nine feet by 20 feet shall be provided on-site for each unit. On-street parking shall not be used to satisfy the parking requirements.

(g)

All front yards, street facing side yards, project perimeter, parking and common areas shall be landscaped.

(h)

Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area.

(i)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(j)

Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines.

(Ord. 431 § 2, 2003)

§ 9-3.666 Establishment of Planned Development Overlay Zone No. 21: (PD21).

A Planned Development Overlay Zone No. 21 may be established in the RSF-Y Multifamily Residential Zones on parcels APN 49-163-013 and 49-163-015 with a combined gross acreage of 4.93 acres. The maximum density within the planned development shall not exceed a gross density of five units on the 4.93-acre project site. The following development standards shall be applied to the Planned Development Zone No. 21:

(a)

Second dwelling units shall not be allowed.

(b)

One of the five lots may be less than the required one acre minimum lot size.

(c)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(Ord. 402 § 2, 2002; Ord. 443 § 2, 2004)

§ 9-3.667 Establishment of Planned Development Overlay Zone No. 22: (PD22).

A Planned Development Overlay Zone No. 22 may be established in the RMF-16 Multifamily Residential and Commercial Professional Zones for a combined horizontal and vertical mixed-use project on parcel APN 031-242-012 with a combined gross acreage of 0.441 acre. The maximum density within the planned development shall not exceed a gross density of three units within the residential zoned portion and one unit within the commercial zoned portion. The following development standards shall be applied to the Planned Development Zone No. 22:

(a)

The master plan of development (CUP 2004-0128) for the site shall be approved. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(c)

Each dwelling unit, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved master plan of development.

(d)

Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development.

(e)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(f)

Parking for one-resident vehicle shall be provided in a garage with minimum interior dimensions of 11 feet by 20 feet. A minimum of one guest parking space of at least nine feet by 20 feet shall be provided on-site. On-street parking shall not be used to satisfy the parking requirements.

(g)

Parking for the commercial/office uses shall be provided at a ratio of one space per 500 square feet.

(h)

All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved.

(i)

Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area.

(j)

Trash for the commercial uses shall be stored within the designated receptacle area and shall include recyclable waste.

(k)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(l)

Alterations, additions, or conversions to established dwelling units and/or commercial buildings shall be subject to the density and site development standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines.

(m)

The permits for the commercial portion of the project must be issued prior to, or concurrent with the issuance of the first residential permit, and that the commercial portion of the project shall be finaled prior to, or concurrent with the final of the first residential permit.

(Ord. 455 § 2, 2004)

§ 9-3.668 Establishment of Planned Development Overlay Zone No. 23: (PD23).

Planned Development Overlay Zone No. 23 is established as shown on the official zoning maps (Section 9-1.102 of this title). A Planned Development Overlay Zone No. 23 is established on parcels APN 056-131-015, 017, 018, and 019 with a combined gross acreage of 13.35 acres. The maximum residential density within the planned development shall not exceed the following: 14 single-family courtyard homes, 18 multi-family duplex units (as shown on the master plan of development). The development standards contained within the master plan of development document (CUP 2003-0108), as conditioned, shall be applied to all future development within the project area, and as follows:

(a)

The master plan of development (CUP 2003-0108) for the site shall be approved. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(c)

Each dwelling unit, landscaping, walls, and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved master plan of development.

(d)

Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development and as conditioned.

(e)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(f)

The residential lots shall provide parking based on the multifamily development parking standards set forth in the Atascadero Municipal Code. A minimum of two parking spaces shall be provided on each lot, either within the garage or in the driveway of the unit. A minimum of one guest parking space shall be provided on each lot in addition to any garage parking. A dedicated residential parking area shall be provided to meet the overall Atascadero Municipal Code multifamily parking requirements. On-street parking shall not be used to satisfy the parking requirements.

(g)

Parking for the commercial and hotel use areas shall total the combined required parking spaces shared among each use, as identified in the master plan of development. All uses within the business park area shall provide parking as shown on the master plan of development, with the exception of indoor recreation and amusement services which shall provide parking at a ratio of no less than one space per 300 square feet of floor area.

(h)

All landscaping shown on the approved landscape plan will be installed by the developer and shall be permanently maintained as approved.

(i)

Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area.

(j)

Trash for the commercial uses shall be stored within the designated receptacle area and shall include recyclable waste.

(k)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(l)

(m)

All trees shown to be protected on the approved master plan of development shall be maintained. Native trees within the 3.99 acre SFR-X parcel APN 056-131-015 shall be preserved unless deemed hazardous and unsafe by a certified arborist. Any other future tree removal shall require approval per the requirements set forth in the Atascadero Native Tree Ordinance.

(o)

Allowed uses for the commercial portion of the project fronting West Front shall be as prescribed as follows:

Allowable uses:
(1)	Building materials and hardware (see Section 9-6.165 of this title);
(2)	Food and beverage retail sales;
(3)	Furniture, home furnishings and equipment;
(4)	General merchandise stores;
(5)	Mail order and vending;
(6)	Temporary or seasonal sales (see Section 9-6.174 of this title);
(7)	Financial services;
(8)	Health care services;
(9)	Personal services;
(10)	Light repair services;
(11)	Eating and drinking places;
(12)	Horticultural specialties (see Section 9-6.116 of this title);
(13)	Business support services, where all areas of use are located within a building;
(14)	Hotels and motels;
(15)	Schools (see Section 9-6.125 of this title);
(16)	Temporary events (see Section 9-6.177 of this title).
Conditional uses:
(1)	Amusement services;
(2)	Bar/tavern;
(3)	Eating and drinking places with drive-through facilities;
(4)	Service station (see Section 9-6.164 of this title);
(5)	Public assembly and entertainment;
(6)	Indoor recreation services;
(7)	Animal hospitals (see Section 9-6.110 of this title);
(8)	Food and kindred products (see Section 9-6.128 of this title);
(9)	Indoor auto dealers (new and used) and supplies (see Section 9-6.163 of this title).

(p)

Allowed uses for the business park portion of the project behind the hotel shall be as prescribed as follows:

Allowable uses:
(1)	Broadcast studios;
(2)	Building materials and hardware (see Section 9-6.165 of this title);
(3)	Furniture, home furnishings and equipment;
(4)	General merchandise stores;
(5)	Mail order and vending;
(6)	Temporary or seasonal sales (see Section 9-6.174 of this title);
(7)	Financial services;
(8)	Health care services;
(9)	Offices;
(10)	Small scale manufacturing;
(11)	Temporary offices (see Section 9-6.176 of this title);
(12)	Personal services;
(13)	Light repair services;
(14)	Accessory storage (see Section 9-6.103 of this title);
(15)	Membership organizations;
(16)	Horticultural specialties (see Section 9-6.116 of this title);
(17)	Business support services, where all areas of use are located within a building;
(18)	Social and service organizations;
(19)	Libraries and museums;
(20)	Amusement services;
(21)	Indoor recreation services; and
(22)	Temporary events (see Section 9-6.177 of this title).
Conditionally allowable uses:
(1)	Indoor auto dealers (new and used) and supplies (see Section 9-6.163 of this title).

(Ord. 486 § 2, 2005; Ord. 539 § 2, 2009; Ord. 544 § 2, 2009)

§ 9-3.669 Establishment of Planned Development Overlay Zone No. 24: (PD24).

Planned Development Overlay Zone No. 24 is established as shown on the official zoning maps (Section 9-1.102 of this title). A Planned Development Overlay Zone No. 24 is established on parcels APN 030-491-013, 001, 020, 019 with a combined gross acreage of 5.32 acres. The maximum residential density within the planned development shall not exceed a maximum of 52 residential units as identified in the Master Plan of Development (PLN 2014-1529/CUP 2003-0117 as amended), which includes six commercial live work units, a base density of 44 multifamily units, plus a density bonus for two additional multifamily units. The development standards contained within the Master Plan of Development document (CUP 2003-0117 as amended), as conditioned, shall be applied to all future development within the project area, and as follows:

(a)

All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned.

(b)

The vesting tentative subdivision map (Tract 3070, as amended) and any subsequent amendments for the site shall be consistent with PLN 2014-1529 as amended. All construction and development shall conform to the approved Master Plan of Development, as conditioned.

(c)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development.

(d)

The commercial area, residential dwelling units, landscaping, walls and fencing shall be consistent with the approved Master Plan of Development. Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved Master Plan of Development.

(e)

All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved.

(f)

All utilities, including electric, telephone and cable, along the frontage of, and within the PD and along the project frontages shall be installed and/or relocated underground, except as noted in the in the Master Plan of Development and the Conditions of Approval.

(g)

The nonresidential uses shall retain the commercial retail zoning district designation, including proposed office spaces in the mixed-use area identified in the Master Plan of Development. The following allowable uses are proposed for this district within the PD-24 overlay zone:

(1)

Residential multifamily (second and third floors only);

(2)

Broadcast studios;

(3)

Building materials and hardware (indoor only);

(4)

Food and beverage retail sales;

(5)

Furniture, home furnishings and equipment (indoor only);

(6)

General merchandise stores;

(7)

Mail order and vending;

(8)

Car-wash;

(9)

Financial services;

(10)

Health care services;

(11)

Offices;

(12)

Personal services;

(13)

Eating and drinking places;

(14)

Business support services, where all areas of use are located within a building;

(15)

Utility service center;

(16)

Temporary events;

(17)

Day care.

(h)

The conditional uses will be consistent with those listed for the underlying commercial retail zone and will require an amendment to the Master Plan of Development.

(i)

All residential and commercial uses shall be consistent with the requirements of the underlying zoning district except as allowed by the Master Plan of Development.

(j)

All trees shown to be protected on the approved Master Plan of Development shall be maintained. Any future tree removal shall require approval per the requirements set forth in the Atascadero Native Tree Ordinance.

(k)

All public improvements shall be consistent with proposed improvements that are identified in vesting tentative map Tract 3070, as amended. Frontage improvements for Gusta Road will not be required.

(Ord. 465 § 2, 2004; Ord. 589 § 4, 2015; Ord. 622 § 4, 2019)

§ 9-3.670 Establishment of Planned Development Overlay Zone No. 25: (PD25).

Planned Development Overlay Zone No. 25 may be established in Residential Multifamily Zones. The maximum residential density within the planned development shall not exceed the densities allowed by the underlying zoning district and provisions of this code. The following development standards shall be met by all projects within the PD-25 overlay zone:

(a)

All site development shall require the approval of a master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

The tentative tract map and any subsequent amendments for the site shall be consistent with an approved master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned.

(c)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(d)

All proposed projects shall be no fewer than four residential units and no greater than 12 residential units.

(e)

A parent lot or lots shall have frontage on a public street.

(f)

Access off of the public street shall be designed as a parking court if the distance from the back of sidewalk to the terminus of the court is less than 150 feet and shall include the following elements:

(1)

Sixteen feet paved width minimum (decorative concrete or pavers) with two foot shoulders of decorative paving (subject to fire department approval);

(2)

Decorative paving continuous throughout the parking court;

(3)

Address marker at the entrance to the court.

Multiple parking courts can be joined providing that each court meets the above standards and that only one court per street access be established.

(g)

(h)

Building setbacks shall be as follows:

Setback from public street frontage	12 feet from right-of-way/back of sidewalk (whichever is greater) when minimum 6-foot landscape parkway is provided
	18 feet from right-of-way/back of sidewalk (whichever is greater) when no parkway is provided
	Porches can encroach up to 3 feet into the required setback
Setback from parking court/interior street	8 feet to porch
	10) feet to front of residence
	10 feet minimum to garage (if one car garage is proposed, the second parking space must be located in the driveway with a minimum length of 20 feet)
	5 feet to side of residence
Setback between buildings	10 feet minimum (unless attached)
Rear yard setback	12 feet minimum

(i)

Porches shall be provided for each unit. Porches shall be a minimum of six feet deep and a functional width.

(j)

Residential units adjacent to a public street shall be oriented to the public street.

(k)

A landscaped yard and/or an open space amenity feature shall be located at the terminus of the parking court/street. No garages or vehicle parking are permitted at the court/street terminus.

(l)

Three hundred square feet of private open space shall be provided for each unit with a minimum dimension of 12 feet.

(m)

Each unit shall include the following:

(1)

Three hundred cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not count toward this requirement);

(2)

Dedicated space for laundry facilities with hookups.

(n)

All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground.

(o)

Engineered drainage detention basins shall be located within a common area. Multiple basins on individual lots shall not be permitted. All basins shall be landscaped, shall be no deeper than two feet, and shall be unfenced. No retaining walls or fencing shall be permitted within the basin area.

(p)

Exterior walls or fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units. Fence posts shall be metal or pressure-treated wood. Wood preservative/sealer shall be applied to fence panels.

(q)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(r)

Trash shall be stored in individual garages or behind fenced areas on individual lots. Dedicated trash storage area shall be a minimum of three feet by six feet paved area.

(s)

A minimum of one common decorative light shall be provided at the end of the parking court.

(t)

Lot coverage shall not exceed 40% of the net lot area.

(u)

A one-car garage (minimum 11 feet by 20 feet) shall be required for attached residential units. A two car garage (minimum 20 feet by 20 feet) shall be required for detached residential units.

(v)

The total number of parking spaces shall be provided as follows:

(1)

Two spaces per unit for units with less than four bedrooms. One additional space for each additional bedroom. All spaces must be located on the individual lot;

(2)

Guest parking provided at a ratio of one space per every three units.[1]

[1]

Guest parking may not be located adjacent to the public street frontage.

(Ord. 469 § 2, 2005)

§ 9-3.671 Establishment of Planned Development Overlay Zone No. 26: (PD26).

This Planned Development Overlay Zone on parcel APN 049-042-018 in the Residential Multifamily Zone. The maximum residential density within the planned development shall not exceed the density allowed by the underlying zoning district and provisions of the Atascadero Municipal Code. The following development standards shall be met by the entitled project within the PD-26 overlay zone:

(a)

All site development shall require the approval of a master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

The Tentative Tract Map and any subsequent amendments for the site shall be consistent with an approved master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned.

(c)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(d)

Appearance of each dwelling unit, site landscaping, site development, and amenities shall be consistent with the Atascadero Appearance Review Manual. All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved. Buffer landscaping along the eastern property line shall be maintained by the individual property owners in perpetuity.

(e)

Each unit shall include the following:

(1)

Three hundred cubic feet of shelved storage area (bedroom and entry/coat closets shall not count toward this requirement);

(2)

Dedicated space for laundry facilities with hookups.

(f)

All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground.

(g)

Engineered drainage detention basins shall be located within a common or designated area. All basins shall be landscaped, shall be no deeper than two feet, and shall be unfenced. Upon approval of the City Engineer, retaining walls may be allowed in the drainage basin area.

(h)

(i)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(j)

Trash shall be stored in individual garages.

(Ord. 480 § 2, 2005)

§ 9-3.672 Establishment of Planned Development Overlay Zone No. 27: (PD27).

Planned Development Overlay Zone No. 27 is established as shown on the Official Zoning Maps (Section 9-1.102). A Planned Development Overlay Zone No. 27 is established on parcel APN 029-271-001 with a combined gross acreage of 1.71 acres. The maximum residential density within the planned development shall not exceed 31 residential units. The development standards contained within the master plan of development, as conditioned, shall be applied to all future development within the project area, and as follows:

(a)

All site development shall require the approval of a master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

The Vesting Tentative Tract Map (TR 3141) and any subsequent amendments for the site shall be consistent with the approved master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned.

(c)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(d)

The commercial area, residential dwelling units, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved master plan of development.

(e)

Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development.

(f)

All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved.

(g)

All utilities, including electric, telephone and cable, along the frontage of, and within the PD and along the project frontages shall be installed and/or relocated underground.

(h)

The property will retain the Commercial Retail zoning district designation. The following allowable uses are proposed for this district within the PD-27 overlay zone for the live/work spaces and community building:

(1)

General Retail;

(2)

Temporary or seasonal sales;

Financial services;

Offices;

Temporary offices;

Personal services;

Membership organizations;

(8)

Business support services, where all areas of use are located within a building;

(9)

Libraries and museums;

(10)

Temporary events;

(11)

Tasting room;

(12)

Artisan foods and products;

(13)

Day Care - Small family day care home;

(14)

Research and development;

(15)

Printing and publishing.

(i)

The conditional uses will be as follows:

(1)

Public assembly and entertainment;

(2)

Microbrewery/brewpub;

(3)

Schools—business and vocational;

(4)

Schools.

(j)

No open parking spaces shall be reserved for any commercial or residential tenant with the exception of the tandem spaces.

(k)

The common lot shall be maintained as a common use parcel for all residential tenants. No fencing or other barrier shall be constructed which hinders pedestrian access to each residential lot or which limits the ability for a residential owner to provide basic utility services to their property.

(l)

All trees shown to be protected on the approved master plan of development shall be maintained. Any future tree removal shall require approval per the requirements set forth in the Atascadero Native Tree Ordinance.

(Ord. 491 § 2, 2006; Ord. 630 § 3, 2019; Ord. 675, 8/13/2024)

§ 9-3.673 Establishment of Planned Development Overlay Zone No. 28: (PD28).

This Planned Development Overlay Zone applies to APN 029-252-001 in the residential multifamily zone. The maximum residential density within the planned development shall not exceed the density allowed by the underlying zoning district and provisions of the Atascadero Municipal Code. The following development standards shall be met by the entitled project within the PD-28 overlay zone:

(a)

All site development shall require the approval of a master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

(c)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(d)

All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground.

(e)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(f)

Trash shall be stored in individual garages.

(g)

This project contains a historic colony home. Any future modifications to the exterior of the buildings or the site setting shall follow the Secretary of the Interiors standards.

(Ord. 505 § 2, 2007)

§ 9-3.674 Establishment of Planned Development Overlay Zone No. 29: (PD29).

This Planned Development Overlay Zone on APN 029-322-022, 023, 02 in the Residential Multifamily Zone. The maximum residential density within the planned development shall not exceed the density allowed by the underlying zoning district and provisions of the Atascadero Municipal Code. The following development standards shall be met by the entitled project within the PD Overlay Zone No. 29:

(a)

All site development shall require the approval of a master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

(c)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(d)

(e)

Any future improvements/rehabilitation of the historic colony home shall be completed in accordance with the secretary of the interior's standards for rehabilitating historic structures.

(f)

Each unit shall include the following:

(1)

Three hundred cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not count toward this requirement.)

(2)

Dedicated space for laundry facilities with hookups.

(g)

All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground.

(h)

Exterior walls or fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units. Fence posts shall be metal or pressure treated wood. Wood preservative/sealer shall be applied to fence panels.

(i)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(j)

Trash shall be stored in individual garages.

(Ord. 516 § 2, 2007)

§ 9-3.675 Establishment of Planned Development Overlay Zone No. 30: (PD30).

Planned Development Overlay No. 30 is established on APN 029-062-013 (5440 Traffic Way) in the Residential Multifamily Zoning District. The maximum residential density within the planned development shall not exceed the density allowed by the underlying zoning district and provisions of the Atascadero Municipal Code. The following development standards shall be met by the entitled project within the PD Overlay No. 30:

(a)

All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

The tentative parcel map and any subsequent amendments for the site shall be consistent with an approved Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned.

(c)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. Appearance of each dwelling unit, site landscaping, site development, and amenities shall be consistent with the Master Plan of Development, as conditioned. All landscaping shall be consistent with the Master Plan of Development, as conditioned and shall be installed by the developer and shall be maintained as approved.

(d)

All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed underground and/or relocated underground.

(e)

Exterior walls or fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units. Fence posts shall be metal or pressure treated wood. Wood preservative/sealer shall be applied to fence panels.

(f)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(Ord. 513 § 2, 2007)

§ 9-3.676 Establishment of Planned Development Overlay Zone No. 31: (PD31).

This Planned Development Overlay Zone on APN 028-111-001, 003 in the Industrial Park Zone for the establishment of a bicycle motor cross track and associated improvements. Uses on other areas of the site, if listed as an allowed or conditionally allowed use, shall only be subject to the standards and requirements of this code. The following development standards are applicable to the establishment of a BMX facility and shall be met by the entitled project within the PD-31 Overlay Zone:

(a)

All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned;

(b)

Any subsequent amendments for the site shall be consistent with an approved Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned;

(c)

The facility and all improvements including drainage basins, erosion-control measures, landscaping, signage, structures, and waste water facilities shall be maintained by the Atascadero BMX Association or their designee(s). If the use is discontinued, all improvements will be removed to the satisfaction of the City Engineer and the Community Development Director;

(d)

The Atascadero BMX Association will ensure that all structures and improvements conform to the floodway standards set forth in the Atascadero Municipal Code Title 9, Chapter 11 and as regulated by the Federal Emergency Management Agency;

(e)

Parking shall be limited to designated areas of the site. Overflow parking shall only be used for larger events. No parking will be permitted on Sycamore Avenue or any other undeveloped portion of the surrounding Atascadero Mutual Water Company property;

(f)

The landscape buffer between the historic Anza Trail and the BMX facility shall be maintained by the Atascadero BMX Association or their designee(s). All buffer landscaping shall be maintained in a way which screens the BMX facility from the historic trail.

(Ord. 521 § 2, 2007)

§ 9-3.677 Establishment of Planned Development Overlay Zone No. 32: (PD32).

A Planned Development Overlay Zone No. 32 shall be established for 12 lots in Subdivision Tract 2625, recorded in Book 31 of Recorded Maps, page 23 through 25, San Luis Obispo County, CA (Assessor Parcel Numbers 049-105-01 through 012). The maximum density within this planned development shall not exceed a gross density of four (4.0) units per acre and shall have an underlying zoning designation of Residential Single-Family (RSF-X). The following development standards shall be applied to all properties recorded:

(a)

A Master Plan of Development of the site shall be approved (CUP 2004-0126). All construction and development shall be in conformance with the approved Master Plan of Development.

(b)

No subsequent lot splits or lot line adjustments shall be approved unless found to be consistent with the approved Master Plan of Development.

(c)

All lots shall front on a public street.

(d)

Architectural elevations shall be consistent with approved elevations as shown in the approved Master Plan of Development (CUP 2004-0126).

(e)

Building setbacks shall be consistent with the approved Master Plan of Development (CUP 2004-0126):

Primary street yard at porch (measured from back of sidewalk)	10 feet
Primary street yard at dwelling (measured from back of sidewalk)	20 feet
Primary street yard at garage (measured from back of sidewalk)	25 feet
Side yards (measured from property line)	5 feet
Corner lot street yard (measured from back of sidewalk)	5 feet
Rear yard (measured from property line)	5 feet
Rear yard adjacent to existing lots greater than a one-half (½) gross acre (Lots 1, 2, 3, 6, 7)	12 feet

(f)

Garages placement shall be consistent with the approved master plan of development (CUP 2004-0126).

(g)

(h)

Two-story residential additions are permitted; however, the additions shall be reviewed by the Design Review Committee or referred to a separate committee as directed by the Planning Director.

(i)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(j)

Exterior fencing shall be consistent with the approved master plan of development landscaping plan (CUP 2004-0126).

(k)

The use of residential accessory buildings (sheds, etc.) will be allowed; however, the footprint of such accessory buildings will count toward the maximum percent of allowable building coverage. Residential accessory buildings shall be consistent with the setbacks set forth in subsection (e) of this section. All other regulations shall be consistent with residential accessory structures contained in both the California Building Code (CBC) and the Atascadero Municipal Code (AMC).

(l)

Each proposed lot shall have a minimum frontage of 50 feet measured at the front setback line. The minimum net lot area shall be 6,000 square feet.

(m)

Parking for two resident vehicles shall be provided within the provided garage. One guest parking space shall be provided on each individual lot. The driveway area may be used to satisfy the guest parking requirement. On-street parking shall not be used to satisfy any of these parking requirements.

(n)

All front yards and street facing side yards shall be landscaped with drought tolerant landscaping consistent with the State of California drought tolerant landscaping guidelines.

(o)

Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area. These shall be identified in the approved landscape plan.

(p)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(q)

Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines.

(r)

No farm animals may be kept on a lot.

(s)

Sewer service shall be provided with connection to the City's sewer system. The project Homeowners Association or similar financial mechanism shall be responsible for the cost of abandoning injector pumps on individual lots when sewer service is made available to El Camino Real or Carrizo Road.

(t)

All identified roadway improvements shall be completed as shown in the Master Plan of Development (CUP 2004-0126).

(u)

Lot 1 of Recorded Map Books 31, pages 23 through 25 (APN 049-105-001) shall have a Historic Site Overlay Zone designation. Further development of this lot shall be consistent Atascadero Municipal Code Section 9-3.623 or successor code.

(v)

Any native tree removals beyond what is identified in Tree Removal Permit 2015-0193 will require Planning Commission approval prior with appropriate findings made, consistent with the City's Native Tree Ordinance.

(Ord. 594 § 2, 2016; Ord. 660 § 5, 2022)

§ 9-3.678 Establishment of Planned Development Overlay Zone No. 33: (PD33).

Planned Development Overlay Zone No. 33 is established as shown on the official zoning maps (Section 9-1.102 of this title). A Planned Development Overlay Zone No. 33 is established on parcels APNs 045-401-003, 004 and 045-401-014, 013, 010, 009, 018, and 017 with a combined acreage of 37.7 acres. Development shall be permitted as follows:

(a)

Project Area Development Standards. The following development standards shall be applicable to the entire project area as identified in Figure 1.

Figure 1: Development Diagram

(1)

Lots of less than one acre net shall be required to hook up to City sewer.

(2)

All utilities, including electric, telephone and cable, along the frontage of, and within the PD and along the project frontages shall be installed and/or relocated underground.

(3)

All residential uses shall be consistent with the requirements of the underlying zoning district except as allowed by a Master Plan of Development.

(4)

Any future tree removal shall require approval of the Planning Commission. Exceptions for single-family uses will not be considered exempt within the Planned Development Overlay Zone.

(5)

Street trees shall be provided along all internal and abutting public street frontages at a maximum spacing of 30 feet on-center. Clustering and alternative spacing may be approved by the City Engineer to accommodate topographic, sight-distance, or drainage conflicts or to maintain the rural setting within larger lot development areas.

(6)

The construction of any new residential unit (not applicable to replacement of existing units) shall require payment of a mitigation fee toward the Santa Barbara/U.S. 101 interchange. Payment shall be made prior to issuance of any residential building permit. Final fee amount shall be based on a City approved cost estimate of six million five hundred thousand dollars ($6,500,000.00) for the final improvements, with a maximum of $8,000 per unit.

(7)

All newly constructed residential units shall be subject to inclusionary housing fee payment totaling 5% of the building valuation for any primary residential unit.

(8)

All shared facilities and public street frontages shall be maintained by the development as a whole or in portions. An HOA or other maintenance mechanism shall be established for each subdivision requiring such prior to recordation of any final map.

(9)

All parcels shall annex into the City's Community Facilities District prior to or concurrent with recordation of any final map. Annexation will not be required for existing parcels if no map is pursued.

(10)

Solid privacy fencing adjacent to public frontages shall be set back a minimum of 10 feet from the edge of the pedestrian path/public way easements. All low property line fencing will include landscaping between the fencing and the pedestrian pathway.

(11)

All lighting shall be designed to eliminate any off-site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent off-site light spillage and glare.

(12)

APCD construction level mitigation measures for fugitive dust and construction emissions shall be required for any site development.

(b)

The Groves Development—RSF-X Parcels (APNs 045-401-003, and 004). The following development standards shall be applicable to The Groves Development parcels, identified in Figure 1.

(1)

A clustered subdivision may be permitted with an overall maximum density of two du/ac.

(2)

All clustered site development shall require the approval of a master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned.

(3)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(4)

A meandering 10 foot wide pedestrian pathway shall be required along the Viejo Camino frontage, subject to the approval of the City Engineer. Easements shall be dedicated to the City where applicable to accommodate all pedestrian facilities.

(5)

All internal streets shall be designed with a four foot minimum width walkable shoulder. Exceptions may be granted where topography or drainage facilities conflict, subject to the approval of the City Engineer.

(6)

Larger parcels shall abut Santa Barbara Road to provide a buffer to the existing rural residential area, maximize tree retention, and minimize grading on heavily sloped areas.

(7)

A cul-de-sac connection to the neighboring parcels (APNs 045-401-014, 013), as shown on Figure 1, shall be provided through The Groves Development site.

(8)

On-street parking shall be provided for all streets serving lots of one-half (½) acre or less.

(9)

All shared facilities shall be maintained by the development through an HOA or other City approved maintenance mechanism.

(c)

The Neighboring Parcels—RSF-Y Parcels (APNs 045-401-014, 013, 010, 009, 018, and 017). The following development standards shall apply to future development within the planned development boundary.

(1)

A cluster subdivision may be permitted on any portion or portions of the site area providing overall density does not exceed one du/ac.

(2)

All clustered site development shall require the approval of a master plan of development. All construction and development shall conform to the approved Master Plan of Development, as conditioned.

(3)

Architectural site design and individual lot development for non-clustered developments shall be completed by staff and/or a designee of the Community Development Director.

(4)

Access to the Neighbor Parcel portion of the project site from Halcon Road shall be consolidated into two access roads. Shared access roads shall be evaluated for sight-distance upon submittal of any tentative map and/or development plan. Proposed access roads shall be designed to serve the entire area. Private driveways shall be eliminated once development commences. Private driveways serving existing residences where access off of the shared roads is not feasible, may request an exception to this requirement, subject to the approval of the City Engineer. Should any parcel resulting from the subdivision of APNs 045-401-014, 013 take access via Halcon Road, the consolidated access roads shall be utilized. No private driveway connections to Halcon Road from APNs 045-401-014, 013, or subdivided portions thereof, shall be permitted.

(5)

All shared facilities shall be maintained by the development through an HOA or other City approved maintenance mechanism.

(6)

On-street parking shall be required for roads serving lots of one-half (½) acre or less.

(7)

Walkable shoulders designed to meet City standards shall be required for all roads serving lots of one-half (½) acre or less. Roads serving lots of greater than one-half (½) acre shall be designed to City standards.

(8)

A meandering 10 foot wide pedestrian pathway shall be required along the Halcon Road frontage, subject to the approval of the City Engineer. Easements shall be dedicated to the City where applicable to accommodate all pedestrian facilities.

(9)

A noise analysis shall be required for all residential units and private outdoor areas located within 75 feet of Halcon Road. A noise analysis will only be required for private outdoor areas where the usable space is located entirely within this zone.

(10)

A biological survey to determine the presence of sensitive plant species and wildlife species such as nesting birds, American badger, or Silvery legless lizards shall be conducted prior to the issuance of any building permit or approval of any subdivision map or development plan. Recommendations from the report shall be adhered to prior to and/or during construction.

(Ord. 595 § 2, 2016)

§ 9-3.679 Establishment of Planned Development Overlay Zone No. 34: (PD34).

A Planned Development Overlay Zone No. 34 shall be established for a 32 lot subdivision know as Tract 3099, located at parent Assessor Parcel Number 045-351-008 with a total net acreage of 3.79 acres. Development shall be permitted as follows:

(a)

A Master Plan of Development of the site shall be approved under the form of a major conditional use permit. All construction and development shall be in conformance with the approved master plan of development.

(b)

No subsequent lot splits or lot line adjustments shall be approved unless found to be consistent with the approved Master Plan of Development.

(c)

Any deviations from the approved architecture, colors and materials board, and other architectural enhancement or features shall be approved by the Design Review Committee (DRC) or its successor committee or board.

(d)

All lots shall front on a public street or dedicated right-of-way.

(e)

Architectural elevations shall be consistent with approved elevations as shown in the approved Master Plan of Development.

(f)

Building setbacks shall be consistent with the approved Master Plan of Development:

Primary street yard garages (measured from the back of sidewalk)	25 feet
Primary street yard covered porches/decks (measured from back of sidewalk)	3 feet
Primary street yard residential units (measured from back of sidewalk)	15 feet
Primary street yard (Lot 31, Senior Apartments, measured from property line)	10 feet
Side yards (measured from property line)	0 feet
Side yard (Lot 31, Senior Apartments)	15 feet
Corner street yard (measured from back of sidewalk)	15 feet
Corner street covered porch/deck (measured from back of sidewalk)	3 feet
Rear yard (measured from property line)	5 feet

(g)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(h)

Maximum height of residential structure(s) on lot 31 shall be 44 feet. All other residential unit heights shall be consistent with heights contained in the Atascadero Municipal Code.

(i)

Exterior fencing and walls design, and location, shall be consistent with the approved Master Plan of Development landscaping plan. "Dog-eared" type fencing is prohibited throughout the development.

(j)

The use of residential accessory buildings (sheds, etc.) will be allowed on the designated rear half of a lot, if the structure can meet setback requirements for residential accessory structures contained in both the California Building Code (CBC) and the Atascadero Municipal Code (AMC).

(k)

The minimum lot area shall be 2,350 square feet for lots containing residential units. No minimum lot size for lots containing common open spaces or utilities within the subdivision.

(l)

Parking for resident vehicles shall be provided within the provided garage on lots containing garages. The driveway area may be used to satisfy the parking requirements.

(m)

All front yards and street facing side yards shall be landscaped with drought tolerant landscaping consistent with the State of California drought tolerant landscaping guidelines.

(n)

(o)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground, unless both the Community Development Director and the Public Works Director determine that relocation of existing utilities underground renders the project infeasible.

(p)

Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines.

(q)

No farm animals may be kept on a lot.

(r)

All identified roadway improvements shall be completed as shown in the Master Plan of Development.

(s)

Any native tree removals beyond what is identified in the approved tree removal will require prior Planning Commission approval with appropriate findings made, consistent with the City's Native Tree Ordinance.

(t)

No additional units shall be approved within the development without amending the Master Plan of Development. Density must be consistent with the underlying zoning ordinance.

(Ord. 611 § 2, 2017; Ord. 660 § 5, 2022)

§ 9-3.680 Establishment of Planned Development Overlay Zone No. 35: (PD35).

Planned Development Overlay Zone No. 35 is established as shown on the official zoning maps (Section 9-1.102 of this title). A Planned Development Overlay Zone No. 35 is established on parcels APN 049-063-003, 004, 049-071-029, 030 (Parcels 1-4 of AT02-278).

(a)

All site development or significant modifications, beyond ADA or code required changes, to the site or exterior changes of any building shall require Design Review Committee review.

(b)

The following uses are allowed within the PD-35 overlay zone:

(1)

Churches and related activities;

(2)

Indoor recreation services;

(3)

Libraries and museums;

(4)

Public assembly and entertainment;

(5)

Parks and playgrounds;

Temporary events;

Utility facilities;

Government offices;

Temporary offices;

Residential care: 6 residents or less;

(11)

Child care center;

(12)

Adult day care facility;

(13)

Parking lots;

(14)

Broadcast studios.

(c)

The following uses are conditionally allowed within the PD-35 overlay zone:

(1)

Schools;

(2)

Single family dwelling;

(3)

Schools – Business and vocational;

(4)

Membership organizations;

(5)

Social service organizations;

(6)

Utility infrastructure;

(7)

Telecommunications facilities.

(Ord. 625 § 5, 2019)

§ 9-3.681 Establishment of Planned Development Overlay Zone No. 36: (PD36).

Planned Development Overlay Zone No. 36 may be established in Residential Multifamily Zones. The maximum residential density within the planned development shall not exceed the densities allowed by the underlying zoning district and provisions of this code. The following development standards shall be met by all projects within the PD36 Overlay Zone:

(a)

All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

The tentative tract map and any subsequent amendments for the site shall be consistent with an approved Master Plan of Development. All construction and development shall conform to the approved master plan of development, as conditioned.

(c)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development.

(d)

A parent lot or lots shall have frontage on a public street.

(e)

Access off of the public street shall be designed as a parking court with a maximum length of less than 150 feet and shall include the following elements:

(1)

Decorative paving continuous throughout the parking court;

(2)

Address marker at the entrance to the court.

(f)

(g)

Building setbacks shall be as follows:

Setback from public street frontage	15 feet from right-of-way/back of sidewalk (whichever is greater) Porches can encroach up to 3 feet into the required setback
Setback from parking court/interior street	8 feet to porch 10 feet to front of residence 10 feet minimum to garage (if one car garage is proposed, the second parking space must be located in the driveway with a minimum length of 20 feet) 5 feet to side of residence
Setback between buildings	10 feet minimum
Rear yard setback	12 feet minimum

(h)

Porches shall be provided for each unit. Porches shall be a minimum of six feet deep and a functional width.

(i)

Residential units adjacent to a public street shall be oriented to the public street.

(j)

Each unit shall include the following:

(1)

Three hundred cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not count toward this requirement);

(2)

Dedicated space for laundry facilities with hookups.

(k)

All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground.

(l)

(m)

(n)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(o)

Trash shall be stored in individual garages or behind fenced areas on individual lots. Dedicated trash storage area shall be a minimum of three feet by six feet paved area.

(p)

The total number of parking spaces shall be provided as follows:

(1)

Two spaces per unit for units with less than four bedrooms. One additional space for each additional bedroom. All spaces must be located on the individual lot

(2)

Guest parking provided at a ratio of one space per every three units. Guest parking may not be located adjacent to the public street frontage.

(Ord. 634 § 4, 2020)

§ 9-3.682 Establishment of Planned Development Overlay No. 37: (PD37).

Planned Development Overlay Zone No. 37 is established as shown on the official zoning maps (Section 9-1.102 of this title). A Planned Development Overlay Zone No. 37 is established on parcels APN's 049-063-003, 004, 049-071-029, 030 (Parcels 1-4 of AT02-278).

(a)

All development must be consistent with a City approved Master Plan of Development. A Master Plan of Development approved by the City shall be required prior to completion of conveyance of any site from the City to private ownership. All new development shall be consistent with a Master Plan of Development. The Master Plan of Development shall be reviewed by the DRC and shall consider the views and connectivity between City Hall, Sunken Gardens, the Centennial Plaza and bridge and Colony Square. Building and site designs shall preserve a view corridor to the pedestrian bridge as viewed from West Mall. Any significant building modifications following approval, including ADA or code required changes, to the site or exterior changes of any building, shall require Design Review Committee review.

(b)

The following uses are allowed within the PD-37 overlay zone on the ground floor:

1.	Artisan Foods and Products
2.	Bar/Tavern
3.	Eating and Drinking Places
4.	General Retail* (with additional parameters—see below)
5.	Microbrewery—Brewpub
6.	Tasting Room
7.	Winery—Boutique
8.	Open space areas for passive outdoor use including walking, gathering, public entertainment, seating, and related, dedicated for use to the public

Note:
*	Minimum operating hours (open to the public) shall be 4 days per week, 6 hours per day, and open until at least 7PM.

The following retail uses shall not be allowed: Building materials and hardware, medical supplies, office supplies, or other items that do not contribute to the synergy, pedestrian orientation and general plan consistency for the downtown.

(c)

The following uses are allowed within the PD-37 overlay zone above the ground floor:

(1)

All uses as allowed on ground floor list;

(2)

Business support services;

(3)

Live/work unit;

(4)

Lodging/hotel/motel/vacation rental;

(5)

Multifamily dwelling;

(6)

Personal services;

(7)

Offices.

(d)

Property Development Standards.

(1)

Front yard setback at East Mall. Ten foot building setback shall be required for ground floor portions of the building, setback may be utilized for outdoor dining, awnings, second or third story building projections such as decks, patios or other floor area, signs, and other features designed to enhance the public space. No building setback shall be required at the rear side, facing Atascadero Creek.

(2)

Parking. No on-site parking shall be allowed. Parking required for residential uses shall be required at the rate of one space per two bedrooms (minimum one space per unit), to be located off site within 1,000 feet of the property boundary and provided in perpetuity through an off-site parking agreement. No parking shall be required for retail and restaurant uses on the ground floor consistent with this PD. No parking shall be required for office, or transient lodging uses.

(3)

Height. Forty-five feet, maximum of three stories, with each successive story a minimum of 10% reduced floor area from story below. Use of roof area permitted for outdoor uses/occupancy. Non-habitable roof projections such as elevator enclosures, parapet walls, roof forms, and other architectural features may extend above the maximum height up to eight feet.

(e)

Site and Building Design.

(1)

A single development project shall be completed on the north east side of the plaza, or as one co-hesive project on all of the lots. North east side lots shall be merged prior to conveyance to private ownership.

(2)

Building designs may bridge the plaza space when a minimum vertical clearance of 16 feet is maintained and a minimum plaza width of 20 feet is maintained. When portions of buildings cover the plaza, provisions for natural light, ample visibility, and unrestricted public/pedestrian access, shall be maintained.

(3)

Building architecture shall complement, but not duplicate, City Hall. Designs that incorporate brick, extensive glazing, tile roofs, balconies, and opportunities to utilize outdoor spaces shall be strongly encouraged.

(4)

Recessed building entries with a depth of at least six feet, transom windows, and glazing along East Mall that allows 60% visibility into the ground floor space shall be required. Glazing shall not be blocked by interior walls or panels.

(5)

Encroachments that provide for outdoor dining shall be encouraged at Centennial Plaza and the public sidewalk while maintaining a minimum path of travel of eight feet on the plaza and six feet on public sidewalks.

(6)

Fire Backflow Devices. Fire backflow devices are required to be integrated into the site or building design, are prohibited in any public right-of-way, and must be accessible to Fire Department and Water Company personnel at all times.

(7)

Building Coverage. No limit. Each successive floor shall reduce interior floor space by 10% to enhance building articulation and reduce building massing.

(8)

Stormwater. No above ground stormwater retention may be allowed on site in excess of 400 square feet over the entire Planned Development.

(9)

Native Trees. No Heritage trees shall be impacted or removed by proposed development. Native trees that contribute to the tree canopy of Centennial plaza, the parking lot, and the creek pathway should be preserved in place and protected during construction as feasible. Some native trees may need to be pruned or removed to accommodate appropriate site development. The existing off-site Deodar Cedar shall be preserved and protected. Any tree removals shall be subject to the City's Native Tree ordinance.

(10)

Public Restrooms. Public restrooms shall be provided in one or more of the ground floor buildings within the PD. Restrooms shall be open to the public for hours to be determined by the City in a location that is accessible from the ground floor.

(Ord. 655 § 4, 2022)

§ 9-3.683 Establishment of Planned Development Overlay Zone No. 38: (PD38).

Planned Development Overlay Zone No. 38 is established as shown on the Official Zoning Maps (Section 9-1.102 of this title) on parcels APNs 049-131-043, 044, 052, 058, and 066 (Parcels 1-42 of TR3177). The following development standards shall be applied to all development within the PD38 Overlay District:

(a)

General Requirements.

(1)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(2)

All lighting shall be fully shielded, directional, and dark sky compliant unless specifically exempted below.

(3)

All mitigation measures listed in the Mitigation Monitoring Program shall be adhered to for the life of the project.

(b)

Commercial Development.

(1)

A Master Plan of Development must be established for the commercial development area and all development shall be consistent with the approved Master Plan of Development.

(2)

All building mounted and parking lot lighting shall be dark sky compliant and designed to reduce off-site glare. All lighting shall be directed downward. The following exceptions shall be permitted:

(i)

Festoon lighting shall be permitted within the commercial plaza and hotel inner courtyard.

(ii)

Lower level up-lighting is permitted within the commercial plaza and inner hotel courtyard to highlight architectural building features.

(iii)

Low level bollard lighting is permitted adjacent to pedestrian paths.

(3)

All building signage shall comply with the following:

(i)

All wall signs shall be externally or halo lit.

(ii)

No cabinet signs shall be permitted.

(iii)

Each business shall be allowed a wall sign over the entry in addition to a parking lot facing sign if the tenant space is adjacent to the parking area.

(iv)

Projecting signage shall be permitted as well as an extruded metal sign on the metal canopy(ies).

(v)

Window graphics shall be permitted per the Atascadero Municipal Code.

(vi)

A center identification sign in the form of a water tower shall be permitted along Highway 101 in the area designated in the Master Plan of Development. The water tower shall have a maximum height of 65 feet. The water tower sign shall display the name of the project only.

(vii)

The hotel shall be allowed the following:

No signage shall be permitted facing residential uses. Lighting facing the freeway shall be externally illuminated with downward lighting. All lighting shall be set on a timer to turn off or dim between the hours of 10:00 p.m. and 7:00 a.m.

(4)

All parking lot trees shall be maintained in a manner which allows the trees to reach their natural height and width. No growth inhibitors shall be permitted.

(5)

Amplified sound shall be permitted within the commercial plaza, amphitheater, and hotel court-yard area between the hours of 11:00 a.m. and 10:00 p.m. Amplified outside of these hours or locations shall require approval of an AUP.

(6)

All uses shall comply with the listed uses for the CPK Zone, with the following modifications:

(i)

The following uses shall be allowed by right:

Bar/tavern;

Hotels, motels.

(ii)

The following uses shall be allowed with the approval of a conditional use permit:

Social and service organizations.

(iii)

The following uses shall not be permitted:

Accessory storage;

Auto dealers (new and used) and supplies;

Auto repair and services;

Bed and breakfast;

Building materials and hardware w/ outdoor storage areas;

Collection stations;

Drive-through sales or services;

Farm equipment and supplies with outdoor storage areas;

Financial services and banks;

Fuel dealer;

Health care services;

Horticultural specialties;

Laundries and dry-cleaning plants;

Medical extended care services;

Mini-storage;

Retail sales—estricted;

Sales lots;

Small family day care;

Transit stations;

Vehicle and equipment storage.

(c)

Multifamily Development.

(1)

All multifamily buildings shall include consistent materials and building styles. Color variations are permitted.

(2)

All materials and finishes shall be consistent with the approved entitlement design package.

(3)

All windows shall be non-sliders. No wide vinyl casings or stiles shall be permitted.

(d)

Single-Family Parcels.

(1)

No subsequent tentative parcel or tract map shall be approved within the single-family development area. Urban subdivisions shall not be permitted.

(2)

Second units shall be permitted consistent with the City's standards for single-family parcels.

(3)

No urban dwelling units shall be permitted.

(4)

Maximum height shall be 30 feet.

(5)

A minimum of two parking spaces are required per lot. These may not be located within the front setback area. On-street parking shall not be used to satisfy the parking requirements. Driveway areas within the setback may provide for guest parking.

(6)

Building setbacks shall be as follows:

Primary front at porch	9 feet
Primary front at dwelling – first story	15 feet
Primary front at dwelling – second story	20 feet
Primary front at garage/required on-site parking	20 feet
Secondary street setback (corner lot)	10 feet
Interior side	5 feet
Rear yard first story	10 feet
Rear yard at second story	5 feet greater than the first story
Accessory structure side and rear yards	5 feet

(i)

Garages shall be recessed from the front of the residence by at least 10 feet.

(ii)

Architectural projections shall be allowed per the Atascadero Municipal Code.

(7)

Building coverage (residence plus garage footprint) shall not exceed 45% of the individual lot area. Landscaping shall constitute a minimum of 40% of the lot area. The measurement of landscaped areas shall be exclusive of driveways, patios, decks, etc.

(8)

Two-story residences shall have a second floor that is limited to 75% of the gross area of the first floor inclusive of the garage.

(9)

Architectural Features. Use of at least five of the following architectural features on all street facing elevations, and at least three of the following architectural features on all interior and rear yard elevations, as appropriate for the building type and style, is required.

(i)

Dormers;

(ii)

Gable roof form;

(iii)

Recessed entries (at least three feet);

(iv)

Covered porch entries with a minimum projection of six feet;

(v)

Cupolas or towers;

(vi)

Pillars or posts;

(vii)

Eaves (minimum 12 inch projection);

(viii)

Off-sets in building face (minimum 16 inches);

(ix)

Window trim;

(x)

Bay or oriel windows;

(xi)

Balconies;

(xii)

A minimum of two decorative patterns on exterior finishes (e.g., scales/shingles, wainscoting, board and batten, and similar features); and

(xiii)

Decorative cornices and roof lines (e.g., for flat roofs).

(10)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(11)

Exterior fencing shall be consistent throughout the single-family area. Privacy fencing shall be set back a minimum of two feet from the front building façade. Wood fencing shall include a top rail. No dogeared fencing shall be allowed. Rear yard fencing of lots adjacent to the Del Rio Road Frontage shall be set back a minimum of three feet from any retaining wall in excess of two feet.

(12)

Accessory buildings (sheds, etc.) will be allowed; however, the footprint of such accessory buildings will count toward the maximum percent of allowable building coverage. Patio covers open on at least three sides shall not count toward maximum coverage.

(13)

Laundry hook-ups shall be provided in each unit.

(14)

All front yards and street facing side yards shall be landscaped.

(15)

Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area.

(16)

Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines.

(17)

No farm animals may be kept on a lot.

(e)

Cottage Hotel Development.

(1)

A Master Plan of Development shall be approved prior to development of the site. All site development shall be consistent with the approved Master Plan.

(2)

A 10 foot landscape buffer shall be provided between all public and private road rights-of-way and the units.

(3)

A minimum five foot setback shall be maintained between the units and the side property line shared with the adjacent commercial property.

(Ord. 664 § 5, 2023)

§ 9-3.690 Establishment of Specific Plan Zone No. 1: (SP-1).

A Specific Plan Zone No. 1 is established in on parcels APN 045-311-001, 045-401-015, 045-401-016, 045-411-001, 045-412-001 with a combined gross acreage of 120 acres. The maximum density within the planned development shall not exceed 269 residential units (except for nine bonus units allowed by the General Plan), three and one-half (3.5) acres of service commercial use, and fifty-four and one-half (54.5) acres of open space on the 120 acre project site. The 21 estate lots may contain second units limited to 800 square feet. The development standards contained within the Woodlands Specific Plan Policy Document and Appendices (SP 2003-001), as conditioned, shall be applied to all future development within the specific plan area, and as follows:

(a)

The vesting tentative tract map (TTM 2003-0027) and any subsequent amendments for the site shall be consistent with SP 2003-0001. All construction and development shall conform to the approved specific plan, as conditioned.

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Woodlands Specific Plan.

(c)

(d)

Building setbacks lot sizes, landscape area, and lot coverage shall be as identified within the approved Woodlands Specific Plan.

(e)

Alterations or additions to established dwelling units shall be subject to the density stan-dards of the Specific Plan Zone and shall be reviewed pursuant to the Woodlands Specific Plan Development Standards.

(f)

The specific plan shall be adopted and amended by City Council resolution.

(Ord. 429 § 2, 2003)

§ 9-3.691 Establishment of Specific Plan Zone No. 2: (SP-2).

A Specific Plan Zone No. 2 (SP-02) is established in on parcels (APN 049-112-002, 018, 019, 022, 036, 039, 049-151-005, 036, 037, 040, 041, 049-102-020, 031, 032, 045, 048, 056 and 049-131-070) with a combined gross acreage of 39.3 acres. The permitted uses, maximum intensities, residential densities, site plans and architectural guidelines are established and regulated by the Del Rio Road Commercial Area Specific Plan (SP 2003-0003). The development standards contained within the Specific Plan Policy Document and Appendices, as conditioned, shall be applied to all future development within the specific plan area, and as follows:

(a)

All development projects and construction permits shall be consistent with the requirements of the Del Rio Road Commercial Area Specific Plan Document (adopted by ordinance) and the Del Rio Road Commercial Area Specific Plan Master Plan of Development which is an appendix to the specific plan and adopted by City Council resolution.

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Del Rio Road Commercial Area Specific Plan.

(c)

(d)

Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved Del Rio Road Commercial Area Specific Plan.

(e)

Modifications and changes to the project shall be processed consistent with the Del Rio Road Commercial Area Specific Plan requirements.

(f)

The Del Rio Road Commercial Area Specific Plan document shall be adopted and amended by City Council Ordinance.

(g)

The specific plan master plan of development for the Del Rio Road Commercial Area Specific Plan shall be adopted and amended by City Council resolution.

(Ord. 560 § 2, 2012)

§ 9-3.801 Purpose.

The purpose of this article is to establish a program in accordance with California Government Code Section 65915 through 65918 (State Density Bonus Law to provide both density increases and other incentives to encourage the creation of housing affordable to moderate-, low-, and very low-income households, seniors, and other qualifying households under State law.

(Ord. 570 § 1, 2013; Ord. 671, 6/25/2024)

§ 9-3.802 Applicability.

(a)

General. All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915 shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions and obligations set forth in California Government Code Section 65915, as it may be amended from time to time.

(b)

Compliance. The applicant shall comply with all requirements stated in California Government Code Sections 65915 through 65918. The requirements of California Government Code Section 65915 through 65918, and any amendments thereto, shall prevail over any conflicting provision of this Code.

(c)

Excluded development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under California Government Code Section 65915.

(d)

Interpretation. The provisions of this subdivision shall be interpreted to implement and be consistent with the requirements of California Government Code Section 65915. Any changes to California Government Code Section 65915 shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this article conflicts with State Density Bonus Law or other applicable State law, State law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with State Density Bonus Law.

(e)

Replacement Housing Requirement. Pursuant to subdivision (c)(3) of California Government Code Section 65915, an applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein, including in the following circumstances:

(1)

The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income;

(2)

The housing development is proposed on any parcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low income have been vacated or demolished in the five-year period preceding the application;

(3)

The housing development is proposed on any parcel(s) on which the dwelling units are occupied by lower- or very low-income households; or

(4)

The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower- or very low-income households have been vacated or demolished in the five-year period preceding the application.

(Ord. 570 § 1, 2013; Ord. 671, 6/25/2024)

§ 9-3.803 Density increase and other incentives.

(a)

General. If a qualifying affordable housing project or land transfer/cash payment meets the criteria of California Government Code Section 65915 et seq., the project shall be granted a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq.

(b)

Density Bonus Units. Except as otherwise required by California Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

(c)

Market-Rate Senior Citizen Housing Developments. Market-rate senior citizen housing developments that qualify for a density bonus shall not receive any other incentives or concessions, unless California Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

(Ord. 570 § 1, 2013; Ord. 671, 6/25/2024)

§ 9-3.804 Physical constraints and parking waivers.

(a)

Physical Constraints. Except as restricted by California Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that:

(1)

The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

(2)

The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

(3)

The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

(4)

The waiver or reduction of the development standard would be contrary to State or Federal law.

(b)

Parking. The applicant may request, and the City may grant, a reduction in parking requirements in accordance with California Government Code Section 65915(p), as that section may be amended from time to time.

(c)

Order of Election of Development Standard Waivers/Reductions. Applications for waivers and reductions to development standards shall be approved for all other development standards prior to the waiver or reduction in required open space or additional parking reductions beyond subsection (b) of this section.

(Ord. 570 § 1, 2013; Ord. 671, 6/25/2024)

§ 9-3.805 Retention of density bonus units.

Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density increase or other incentives being approved for a project, the City of Atascadero and the applicant shall agree to an appropriate method of ensuring the continued availability of the density bonus units.

(Ord. 570 § 1, 2013; Ord. 671, 6/25/2024)

§ 9-3.806 Application procedure for density increase or other incentives.

(a)

Application Requirements. An application for a density increase or other incentives under this article for a housing development shall be submitted in writing to the Planning Division to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this article, and in connection with the project for which the request is made, including, but not limited to, the following:

(1)

A brief description of the proposed housing development;

(2)

The total number of housing units and/or shared housing units (as defined in California Government Code Section 65915(o)(6)) proposed in the development project, including unit sizes and number of bedrooms;

(3)

The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;

(4)

The total number of units to be made affordable to or reserved for sale, or rental to, very low-, low- or moderate-income households, or senior citizens, or other qualifying residents;

(5)

The zoning, general plan designations, and assessor's parcel number(s) of the project site;

(6)

A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout;

(7)

The proposed method of ensuring the continued availability of the density bonus units; and

(8)

Within zones that rely on a form-based code, a base density study that identifies the density feasible on the site without incentives, concessions or density bonuses;

(9)

A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.

(b)

Application Processing. The application shall be considered by the Planning Commission and/or the City Council at the same time each considers the project for which the request is being made. If the project is not to be otherwise considered by the Planning Commission or the City Council, the request being made under this article shall be considered by the Community Development Director or designee, separately. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq.

(Ord. 570 § 1, 2013; Ord. 671, 6/25/2024)

Atascadero City Zoning Code

CHAPTER 3

ZONING DISTRICTS

§ 9-3.101 Purpose.

This chapter establishes zoning districts and overlay districts in order to separate incompatible land uses from each other by:

(a)

Providing different zoning districts for agricultural, residential, commercial, industrial, recreation and public uses;

(b)

Establishing the approval procedure necessary to establish certain land uses in various zoning districts; and

(c)

In so doing, it is intended to implement the General Plan adopted pursuant to Government Code Section 65300 et seq.

(Ord. 602 § 2, 2016)

§ 9-3.102 Zoning districts established.

The following zoning districts are established:

(a)

Agricultural and residential zoning districts:

(1)

Agriculture—A;

(2)

Residential Suburban—RS;

(3)

Residential Single-Family—RSF;

(4)

Limited Single-Family Residential—LSF;

(5)

Residential Multiple-Family—RMF.

(b)

Nonresidential zoning districts:

(1)

Commercial Neighborhood—CN;

(2)

Commercial Professional—CP;

(3)

Commercial Retail—CR;

(4)

Commercial Service—CS;

(5)

Commercial Tourist—CT;

(6)

Commercial Park—CPK;

(7)

Downtown Commercial—DC;

Downtown Office—DO;

Industrial Park—IP;

Industrial—I.

Public zoning districts:

(1)

Recreation—L;

(2)

Special Recreation—LS;

(3)

Public—P;

(4)

Open Space—OS.

(Ord. 602 § 2, 2016)

§ 9-3.103 Overlay districts established.

Overlay districts intended to protect public safety and the environment and to preserve scenic, cultural and historic resources are established as follows:

Overlay districts:

Flood Hazard—FH;

Geologic Hazard—GH;

Historic Site—HS;

Sensitive Resource—SR;

(5)

Planned Development—PD;

(6)

Emergency Shelters (ES) (9-3.501).

(Ord. 602 § 2, 2016)

§ 9-3.104 Symbols used.

(a)

(b)

(c)

Example: Residential multiple-family allowing 24 units per net acre within a Historic Site overlay area would show on the official zoning maps as RMF-24 (HS).

(d)

(Ord. 602 § 2, 2016; Ord. 614 § 4, 2017)

§ 9-3.105 Off-site sale of new and used automobiles and trucks is prohibited.

(Ord. 602 § 2, 2016)

§ 9-3.210 Intent.

(Ord. 602 § 2, 2016)

§ 9-3.220 Purposes of the agriculture and residential zoning districts.

The purposes of the individual agriculture and residential zoning districts and the manner in which they are applied are as follows:

(a)

(b)

(c)

RSF (Residential Zoning Family) Zoning District. This zone is established to provide for single-family residential areas within the urban services line.

(d)

(e)

(Ord. 602 § 2, 2016)

§ 9-3.230 Agriculture and residential district allowable land uses.

Table 3-1 - Agriculture and Residential Land Uses Allowed Land Uses and Permit Requirements
Agriculture/Residential Zones	A Allowed Use, Zoning Clearance Required AUP Administrative Use Permit CUP Conditional Use Permit Required □ Not Permitted
	Permitted Uses By Zone					Special Use Regulation(s)
	A	RS	RSF	LSF	RMF	Special Use Regulation(s)
Natural Resources and Processing
Resource Extraction	CUP	CUP				9-6.147—9.6-161
Residential Uses
Multifamily Housing					A	9-3.175
Manufactured Home/Mobile Home	A	A	A	A	A	9-6.143
Mobile Home Parks		CUP	CUP	CUP	CUP	9-6.142, 9-6.143
Organizational Houses		CUP	CUP	CUP	CUP	9-3.175
Residential Accessory Uses		A	A	A	A	9-6.106
Single-Family Dwelling		A	A	A	A	9-6.143, 9-6.184
Secondary Residential Units		A	A	A		9.5
Temporary Dwelling		A	A	A	A	9-6.175
Recreation, Education, and Public Assembly
Churches and Related Activities		CUP	CUP	CUP	CUP	9-6.121
Parks and Playgrounds		AUP	AUP	AUP	AUP
Schools		CUP	CUP	CUP	CUP	9-6.125
Schools - Business and Vocational		CUP	CUP	CUP	CUP	9-6.125
Temporary Events	A	A	A	A	A	9-6.177
Tourism, Lodging, and Dining
Bed and Breakfast		CUP	CUP	CUP	CUP
Services-Professional
Day Care - Small Family Day Care Home		A	A	A	A	9-6.125
Day Care - Large Family Day Care		A	A	A	A	9-6.125
Child Care Center		CUP	CUP	CUP	CUP	9-6.125
Kennels		CUP	CUP			9-6.111
Medical Extended Care Services, 6 Clients or Less		A	A	A	CUP	9-6.134
Medical Extended Care Services, 7 Clients or More		CUP	CUP	CUP	CUP	9-6.134
Residential Care, 6 Clients or Less		A	A	A	A	9-6.135
Residential Care, 7 Clients or More		CUP	CUP	CUP	CUP	9-6.135
RCFE - Assisted Living, 6 Clients or Less		A	A	A	A	9-6.135
RCFE - Assisted Living, 7 Clients or More		CUP	CUP	CUP	CUP	9-6.135
RCFE - Independent Living Center/Senior Apartments					CUP
RCFE - Retirement Hotel					CUP
Transportation, Infrastructure and Communication
Pipelines Utility Infrastructure	CUP	CUP	CUP	CUP	CUP
Utility Transmission Facilities	A	A	A	A	A
Wireless Communication Facilities	CUP	CUP	CUP	CUP	CUP

Zoning Districts Abbreviations
A - Agriculture	LSF - Limited Single-Family Residential
RS - Residential Suburban	RMF - Residential Multifamily
RSF - Residential Single-Family Residential

(Ord. 602 § 2, 2016; Ord. 614 § 4, 2017; Ord. 646 § 11, 2021; Ord. 670, 3/12/2024)

§ 9-3.240 Lot sizes.

New subdivisions and the densities of agriculture and residential development shall comply with the requirement for lot sizes in Sections 9-3.241 through 9-3.245.

(Ord. 602 § 2, 2016)

§ 9-3.241 Minimum lot size-A Zone.

The minimum lot size in the Agriculture Zone shall be established by the minimum area needed to maintain productive agricultural use of the property.

(Ord. 602 § 2, 2016)

§ 9-3.242 Minimum lot size-RS Zone.

(a)

Performance Standards. The following performance standards shall be evaluated for each lot in determining its minimum lot size:

(1)

Distance from the Center of the Community. Using the Atascadero Administration Building as the center of the community, the lot size factor based on this performance standard shall be:

Distance*	Lot Size Factor
0 — 8,000′	0.20
8,000′ — 10,000′	0.25
10,000′ — 12,000′	0.30
12,000′ — 14,000′	0.40
14,000′ — 16,000′	0.50
16,000′ — 18,000′	0.60
18,000′ — 20,000′	0.75
20,000′ +	0.90

*	To be measured as radial distance using map maintained in Planning Department.

(2)

Septic Suitability. Using generalized soils data from the Natural Resources Conservation Service Reports, the lot size factor based on this performance standard shall be:

NRCS Rating*	Lot Size Factor
Well suited	0.50
Moderate	0.75
Slow	1.00
Severe	1.50

*	Refer to map maintained in Community Development Department.

Percolation Rating	Minutes Per Inch
Well suited	Less than 20
Moderate or slow	20 to 39
Slow	40 to 59
Severe	Greater than 60

(3)

Average Slope. Using the Basic, Sectional or Contour Measurement Method, the lot size factor based on this performance standard shall be:

Slope	Lot Size Factor
0 — 10%	0.50
11 — 20%	0.75
21 — 25%	1.00
26 — 30%	1.25
31 — 35%	1.75
36 — 40%	2.00
40% +	2.25

(4)

Condition of Access. Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be:

Condition	Lot Size Factor
City accepted road	0.40
Paved road, less than 15% slope	0.40
Paved road, greater than 15% slope	0.50
All-weather road, less than 15% slope	0.75
All-weather road, greater than 15% slope	1.00
Unimproved road, less than 15% slope	1.25
Unimproved road, greater than 15% slope	1.50

(5)

(b)

(1)

The most current information shall be used to determine the lot size factor. Where information is not available, the Planning Director shall determine which lot size factor shall apply.

(2)

If more than one lot size factor can be applied to a lot, the less restrictive factor shall be used.

(3)

Lot size factors shall be based on conditions in existence at the time of filing an application unless information is included with the application which will alter a lot size factor.

(Ord. 602 § 2, 2016; Ord. 614 § 4, 2017)

§ 9-3.243 Minimum lot size-RSF Zone.

Symbol	Minimum Lot Size
X	1/2 acre net area (excluding land needed for street rights-of-way whether publicly or privately owned).
Y	1 acre gross area.
Z	1-1/2 to 2-1/2 acres gross based on performance standards set forth in this section.

(a)

Performance Standards. The following performance standards shall be evaluated for each lot which is appended with the "Z" symbol in determining its minimum lot size:

(1)

Distance from the Center of the Community. Using the Atascadero Administration Building as the center of the community, the lot size factor based on this performance standard shall be:

Distance*	Lot Size Factor
0—4,000′	0.08
4,000′—6,000′	0.10
6,000′—8,000′	0.12

*	To be measured as radial distance using map maintained in the Planning Department.

(2)

Septic Suitability. Using generalized soils data from the Natural Resources Conservation Service Reports, the lot size factor based on this performance standard shall be:

NRCS Rating*	Lot Size Factor
Well suited	0.30
Moderate or slow	0.50
Severe	0.70

*	Refer to map maintained in Community Development Department.

Percolation Rating	Minutes Per Inch
Well suited	Less than 20
Moderate	20 to 39
Slow	40 to 59
Severe	Greater than 60

(3)

Average Slope. Using the basic, sectional or contour measurement method, the lot size factor based on this performance standard shall be:

Slope	Lot Size Factor
0—20%	0.30
21—30%	0.50
31%+	0.70

(4)

Condition of Access. Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be:

Condition	Lot Size Factor
Paved with slope of less than 15% or City-accepted	0.15
Paved with slope of greater than 15%	0.20
All-weather surface with slope of less than 15%	0.25
All-weather surface with slope of greater than 15%	0.30
Unimproved surface	0.40

(5)

(b)

Determination of Minimum Lot Size. The minimum lot size shall be determined by the sum of each of the lot size factors for the performance standards set forth in subsection (a) of this section.

(1)

The most current information shall be used to determine the lot size factor. Where information is not available, the Planning Director shall determine which lot size factor shall apply.

(2)

If more than one lot size factor can be applied to a lot, the less restrictive factor shall be used.

(3)

Lot size factors shall be based on conditions in existence at the time of filing an application unless information is included with the application which will alter a lot size factor.

(Ord. 602 § 2, 2016; Ord. 614 § 4, 2017)

§ 9-3.244 Minimum lot size-LSF Zone.

Symbol	Minimum Lot Size
X	1/2 acre net area (excluding land needed for street rights-of-way whether publicly or privately owned).
Y	1 acre, when sewers are available. 1-1/2 acres, when sewers are not available.
Z	1-1/2 to 2-1/2 acres based on performance standards set forth in this section.

(a)

Performance Standards. The following performance standards shall be evaluated for each lot which is appended with the "Z" symbol in determining its minimum lot size:

(1)

Distance from the Center of the Community. Using the Atascadero Administration Building as the center of the community, the lot size factor based on this performance standard shall be:

Distance*	Lot Size Factor
0—4,000′	0.08
4,000′—6,000′	0.10
6,000′—8,000′	0.12

*	To be measured as radial distance using map maintained in the Planning Department.

(2)

Septic Suitability. Using generalized soils data from the Natural Resources Conservation Service Reports, the lot size factor based on this performance standard shall be:

NRCS Rating*	Lot Size Factor
Well suited	0.30
Moderate or slow	0.50
Severe	0.70

*	Refer to map maintained in Community Development Department.

Percolation Rating	Minutes Per Inch
Well suited	Less than 20
Moderate	20 to 39
Slow	40 to 59
Severe	Greater than 60

(3)

Average Slope. Using the Basic, Sectional or Contour Measurement Method, the lot size factor based on this performance standard shall be:

Slope	Lot Size Factor
0—20%	0.30
21—30%	0.50
31%+	0.70

(4)

Condition of Access. Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be:

Condition	Lot Size Factor
Paved with slope of less than 15% or City-accepted	0.15
Paved with slope of greater than 15%	0.20
All-weather surface with slope of less than 15%	0.25
All-weather surface with slope of greater than 15%	0.30
Unimproved surface	0.40

(5)

(b)

Determination of Minimum Lot Size. The minimum lot size shall be determined by the sum of each of the lot size factors for the performance standards set forth in subsection (a) of this section.

(1)

The most current information shall be used to determine the lot size factor. Where information is not available, the Planning Director shall determine which lot size factor shall apply.

(2)

If more than one lot size factor can be applied to a lot, the less restrictive factor shall be used.

(3)

Lot size factors shall be based on conditions in existence at the time of filing an application unless information is included with the application which will alter a lot size factor.

(Ord. 602 § 2, 2016; Ord. 614 § 4, 2017)

§ 9-3.245 Minimum lot size-RMF Zone.

(Ord. 602 § 2, 2016; Ord. 671, 6/25/2024)

§ 9-3.250 Density.

New residential subdivisions and the density of residential development shall comply with the requirements of Sections 9-3.251 through 9-3.259.

(Ord. 602 § 2, 2016)

§ 9-3.251 Density-Agriculture and single-family residential zones.

New residential subdivisions and the density of residential development shall comply with the following for single-family residential zones:

(a)

A (Agriculture). A maximum of one single-family residence. Additional housing for agriculture employees may be permitted, consistent with this Municipal Code.

(b)

RS (Residential Suburban). A maximum of 0.1 to 0.4 units per gross acre. A second unit may be permitted consistent with Chapter 9-5 of this Zoning Ordinance.

(c)

RSF-Z/LSF-Z. A maximum of one unit per gross acre. A second unit may be permitted consistent with Chapter 9-5 of this Zoning Ordinance.

(d)

RSF-Y/LSF-Y. A maximum of one unit per gross one-half acre. A second unit may be permitted consistent with Chapter 9-5 of this Zoning Ordinance.

(e)

(Ord. 602 § 2, 2016)

§ 9-3.252 Density-RMF Zone.

(a)

Areas Designated Low Density Multiple-Family Residential. The minimum number of dwelling units per net acre is two. The maximum number of dwelling units per net acre is 10.

(b)

Areas Designated High Density Multiple-Family Residential.

(1)

Base Density. The minimum number of dwelling units per net acre is 20. The maximum number of dwelling units per net acre is 24.

(2)

To encourage smaller units that are affordable by design, maximum density may be calculated based on unit size.

(c)

Fractional Density. To encourage smaller units that are affordable by design, maximum density may be calculated based on unit size. Fractional density shall not be used to determine minimum density.

(1)

(i)

Units up to 600 square feet = one half (0.50) unit.

(ii)

Units of 601 square feet up to 1,000 square feet = two thirds (0.66) unit.

(iii)

Units over 1,000 square feet = one unit.

(2)

(3)

(d)

Average Slope	Low Density Multiple-Family (units/acre)	High Density Multiple-Family (units/acre)
Average Slope	Low Density Multiple-Family (units/acre)	Minimum	Maximum
0—10.99%	10	20	24
11—15.99%	7	14	17
16—20.99%	5	10	12
21—25.99%	3	6	7
26—30.0%	2	4	5
> 30%	1	2	2

(e)

For medical extended care services, where residents are primarily non-ambulatory, the following maximum bed/net acre densities may be permitted:

RMF-10 District	34 beds/net acre
RMF-24 District	55 beds/net acre

(f)

(g)

Density Bonus. A density bonus and/or development concessions or waivers may be granted consistent with Sections 9-3.801 through 9-3.806.

(Ord. 602 § 2, 2016; Ord. 614 § 4, 2017; Ord. 671, 6/25/2024)

§ 9-3.260 Property development standards.

(Ord. 602 § 2, 2016)

§ 9-3.262 Property development standards-RMF.

(a)

(Reserved)

(b)

(1)

Bicycle parking/storage must be enclosed, lockable, and located within the residential or accessory building on the ground floor unless the building includes elevator access to upper floors.

(2)

Bicycle parking/storage must provide a minimum of one 110-volt electrical outlet and an additional outlet per 10 bicycle parking spaces for charging electric bicycles.

(3)

(c)

Outdoor Recreation or Gathering Areas.

(1)

Size and Type of Open Space. Outdoor recreational or gathering open space must be provided at a ratio of 200 square feet per unit.

Private Open Space Standards. Any private outdoor open space used to satisfy subsection (c)(1) must meet the following standards:

(i)

Minimum dimensions must be six feet (width and depth) in any direction.

(ii)

The private open space must be adjacent to, and directly accessible from, the residential unit being served.

(3)

Common Open Space Standards. Any common open space areas used to satisfy subsection (c)(1) must meet the following standards:

(i)

Minimum dimensions must be 10 feet (width and depth) in any direction.

(ii)

May be located at grade, on an upper floor terrace or courtyard, or a building rooftop, in the form of a roof deck.

(iii)

May not be located in drainage basins with a depth of two feet or greater, areas without a flat bottom, and/or areas not accessible via pedestrian paths or trails to the units being served.

(4)

Table 9-3.262-1: Minimum Number of Required Common Open Space Amenities by Project Size
Project Size	Tier 1	Tier 2	Tier 3
2-4 units	1	1	1
5-9 units	1	2	1
10+ units	1	2	2

(i)

Tier 1 Amenities. Projects must incorporate, at a minimum, the number of open space amenities identified in Table 9-3.262-1 for Tier 1, choosing from the following list of amenities:

Shade covering a minimum of 50% of the outdoor common open space, which must include at least one canopy tree and may also be supplemented with shade covers.

(ii)

Tier 2 Amenities. Projects must incorporate, at a minimum, the number of open space amenities identified in Table 9-3.262-1 for Tier 2, choosing from the following list of amenities:

Fixed or movable seating or outdoor dining areas such as picnic-style tables, at a ratio of no less than one seat per unit with a maximum of 15 seats per project.

An enclosed, off-leash dog run/relief/wash area that includes signage, pet waste bag, and disposal receptacle(s), and potable water connection for dog bowl refilling and dog wash capabilities.

Children's play area, subject to the following:

Projects of less than three units: at least one piece of permanent play equipment designed for children of all abilities and ages.

Projects of five to nine units: at least two pieces of permanent play equipment designed for children of all abilities and ages, or the equivalent in size, scale, and recreation diversity.

Projects of 10 or more units: at least four pieces of permanent play equipment designed for children of all abilities and ages, or the equivalent in size, scale, and recreation diversity.

Sports court or other outdoor activity stations (ping pong, etc.).

Pool or spa.

Outdoor kitchen, subject to the following:

Equipment must be located at least 20 feet from adjacent existing or proposed residential units.

Barbeque with a permanent natural gas line installed.

A sink with waste line must be provided.

An electrical outlet must be provided within the gathering space.

Fire pit with permanent natural gas line installed located at least 20 feet from adjacent existing or proposed residential units surrounded by hardscape that allows for seating.

Preservation of 25% of existing mature tree canopy over the entirety of the project site based on recommendations of a qualified arborist.

(iii)

Tier 3 Amenities. Projects must incorporate, at a minimum, the number of open space amenities identified in Table 9-3.262-1 for Tier 3, choosing from the following list of amenities:

Vertical landscaping, either climbing or cascading vines or plants.

Community garden, which must include the following:

At least one potable water connection and irrigation to all gardening areas;

One potting station, including a table no less than two feet by four feet;

One compost bin; and

Flowering plants or edible landscape.

Interpretive or educational information about geography, history, ecology, or indigenous history.

(5)

Open Space Area - Additional Standards and Restrictions. Private and common open space areas intended to comply with subsection (c)(1) must meet the following standards:

(i)

Except for trails, required open space areas must be located in a flat or terraced area of six percent slope or less;

(ii)

(iii)

If located in a primary, secondary, or corner street setback, open space use areas must be set back at least five feet from the property line/edge of right-of-way.

(d)

Open Space Reductions. Open space requirements may be reduced as follows:

(1)

(2)

(e)

Transition Zones Adjacent to Single Family. See 9-4.130(j) (Transition to Abutting Rural and Single Family Uses).

(f)

(g)

(1)

(Ord. 602 § 2, 2016; Ord. 614 § 4, 2017; Ord. 646 § 11, 2021; Ord. 671, 6/25/2024)

§ 9-3.310 Intent.

(Ord. 602 § 2, 2016)

§ 9-3.320 Purposes of the nonresidential zoning districts.

The purposes of the individual nonresidential zoning districts and the manner in which they are applied are as follows:

CS (Commercial Service) Zoning District. This zone is established to provide for light manufacturing and large lot service commercial needs of the residents of the City and surrounding areas.

(e)

CT (Commercial Tourist) Zoning District. This zone is established to provide for limited commercial uses intended primarily to serve the public traveling along Highway 101.

IP (Industrial Park) Zoning District. This zone is established to provide for the light manufacturing and large lot service commercial needs of the residents of the City and surrounding areas.

(j)

I (Industrial) Zoning District. This zone is established to provide suitable locations for heavy manufacturing and industrial uses within the City.

(Ord. 602 § 2, 2016)

§ 9-3.330 Nonresidential district allowable land uses.

Table 3-2 - Nonresidential Use Table Allowed Land Uses and Permit Requirements
Nonresidential Zones	A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required □ Not Permitted
	Permitted Uses By Zones										Special Regulation(s)
	CN	CP	CR	CS	CT	CPK	DC	DO	IP	I	Special Regulation(s)
Accessory Storage		A⁴	CUP⁴	A⁴	CUP⁴	CUP⁴			A⁴	A⁴	9-6.103
Adult Day Care Facility	A	A	A					CUP
Adult Oriented Business			A	A					A	A	9-16
Age Restricted Housing							CUP
Agricultural Produce Stands	A	A			A	A					9-6.117
Amusement Services		A	A	A		A	A			A
Animal Hospitals		CUP⁷	CUP	A		CUP					9-6.110
Artisan Foods and Products			A	A		A	A⁵		A	A
ATM	A	A	A	A	A	A	A	A	A	A
Auto Dealers (New and Used) and Supplies			CUP	CUP	CUP	CUP	CUP				9-6.163
Auto Repair and Services			CUP	A	A	CUP			A	A	9-6.168
Bar/Tavern			CUP		CUP	CUP	A
Bed and Breakfast			CUP	CUP	CUP	CUP
Brewery - Production				CUP		CUP			A	A
Broadcast Studios			A	A
Building Materials and Hardware w/outdoor sales or storage area 10,000 sf or greater		CUP	CUP	CUP		CUP		CUP	CUP	CUP	9-6.165
Building Materials and Hardware w/outdoor sales or storage area less than 10,000 sf		A	A	A		A			A	A	9-6.165
Business Support Services		A	A	A		A	A	A	A	A
Caretaker's Residence/Employee Unit		CUP	CUP	CUP
Childcare Center	A	A	A					CUP			9-6.125
Churches and Related Activities		CUP	CUP								9-6.121
Collection Stations	A⁴	A⁴	A⁴	A⁴	A⁴	A⁴			A⁴	A⁴	9-6.130
Contract Construction Services (Indoor)				A		A				A	A
Contract Construction Services (Outdoor)				CUP					CUP	CUP
Data and Computer Services Center		AUP		AUP		CUP			A	A
Day Care
Drive-Through Sales or Services	CUP	CUP	CUP	CUP	CUP	CUP					9-4.122
Eating and Drinking Places	A	A	A	A	A	A	A	A	A	A
Extended-Occupancy Hotel/Motel		CUP	AUP	AUP	AUP		CUP				9-6.186
Farm Equipment and Supplies w/outdoor storage or sales area 10,000 sf or greater			CUP	CUP		CUP			CUP	CUP
Farm Equipment and Supplies w/outdoor storage or sales area less than 10,000 sf			A	A		A			A	A
Farmers' Market	CUP	CUP	CUP		CUP	CUP	A	A
Financial Services and Banks	A	A	A	A	A	A	CUP	A
Fuel Dealer				A⁴		CUP			A⁴	A⁴	9-6.129
General Retail	A⁴	A⁴	A⁴	A⁴	A⁴	A⁴	A⁴
General Retail Greater than 50,000 sf	CUP	CUP	CUP	CUP	CUP	CUP	CUP
Government Offices and Facilities		A	A	A	A	A	A	CUP⁹	A	A	A
Health Care Services			A	A	CUP	A	CUP⁹	A
Horticultural Specialities w/outdoor storage or sales area 10,000 sf or greater		CUP	CUP	CUP	CUP	CUP			CUP	CUP	9-6.116
Horticultural Specialties w/outdoor sales or storage area less than 10,000 sf		A	A	A	A	A					9-6.116
Hotels, Motels		CUP	A	A	A		CUP
Indoor Recreation Services		CUP	CUP	CUP	A	A	CUP		CUP	CUP
Kennels			CUP	A							9-6.111
Large Family Day Care		CUP⁸	CUP⁸								9-6.125
Large Scale Ag Manufacturing				CUP					CUP	A	9-6.103
Laundries and Dry Cleaning Plants				A		A			A	A
Laundromat/Coin-Operated Laundry	CUP	CUP	CUP	CUP	CUP	CUP			A	A
Libraries, Museums		A	A	A	A		A	A
Live/Work Unit							A¹
Manufacturing and Processing - High Intensity⁴				CUP		CUP			AUP	AUP
Manufacturing and Processing - Low Intensity		CUP	CUP	A		A			A	A
Medical Extended Care Services: 6 Residents or Less	CUP	CUP	CUP	CUP	CUP	CUP					9-6.134
Medical Extended Care Services: 7 Residents or More			CUP								9-6.134
Medical Research		CUP		A		A		CUP	A	A
Membership Organizations			A	A		CUP	CUP
Microbrewery - Brewpub	A	CUP	A	A	A	A	A	A	A	A
Mini-Storage				CUP		CUP			A	A
Mobile Eating and Drinking Vendors⁶	A	A	A	A		A	A		A	A
Mixed-Use	CUP¹	CUP¹	CUP¹	CUP¹			A¹	A¹			9-3.331
Mortuary Services			A	A					A	A
Multifamily Dwelling	CUP²	CUP²	CUP²	CUP²							9-3.262
Offices	A	A	A	A	A	A	CUP⁹	A
Outdoor Recreation Services			CUP	CUP	A	AUP					9-6.123
Parking Lots	AUP	AUP	AUP	AUP	AUP	AUP	AUP	AUP	AUP	AUP
Parks and Playgrounds							A	A
Personal Service Restricted				A	CUP	CUP
Printing and Publishing		CUP	CUP			A⁴			A⁴	A⁴
Public Assembly and Entertainment			CUP	CUP	A	CUP	CUP
RCFE — Assisted Living			CUP								9-6.135
RCFE — Independent Living/Senior Apartments	CUP		CUP	CUP							9-6.135
RCFE — Retirement Hotel	CUP		CUP	CUP							9-6.135
Recreational Vehicle Parks					A						9-6.180
Recycling and Scrap									CUP	CUP	9-6.131
Recycling Centers									CUP	CUP	9-6.132
Research and Development		CUP		A		A	CUP	A	A	A
Residential Care: 6 Residents or Less							A²	A²			9-6.135
Retail Sales - Restricted				A	CUP	CUP
Sales Lots					CUP	CUP			CUP	CUP	9-6.139
Schools		A	A	A			CUP	CUP			9-6.125
Schools — Business and Vocational		A	A	A		A	CUP	CUP	CUP	CUP	9-6.125
Service Stations	CUP		CUP	CUP	CUP						9-6.164
Single-Family Dwelling								A¹	A¹
Single-Room Occupancy Units			CUP								9-6.184
Small Family Day Care		A⁸	A⁸	A⁸		A⁸	A⁸
Social and Service Organizations		A	A	A
Sports Assembly			CUP	CUP	A
Storage, Recycling and Dismantling of Vehicles and Material				CUP					CUP	CUP	9-6.131
Tasting Room	A	CUP	A	A	A	A	A	A	A	A
Telecommunication Facility	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP
Temporary Events	A/CUP³	CUP	A/CUP³	A/CUP³	A/CUP³	A/CUP³	A/CUP³	A/CUP³	A	A	9-6.177
Temporary Offices		A	A	A							9-6.176
Temporary or Seasonal Sales	A	A	A	A	A	A	A		A	A	9-6.174
Transit Stations			CUP	CUP	A	CUP	CUP	CUP	CUP	CUP
Towing Services¹⁰				CUP					A¹⁰	A¹⁰	9-6.167
Utility Facilities		CUP		CUP	CUP	CUP	CUP	CUP	CUP	CUP
Utility Infrastructure	A	A	CUP	A	A	A	CUP	CUP	A	A
Vehicle and Equipment Storage (Indoor)⁴				A		CUP			A⁴	A⁴	9-6.183
Vehicle and Equipment Storage (Outdoor)⁴				CUP⁴					CUP⁴	CUP⁴	9-6.183
Vehicle and Freight Terminals				CUP					CUP	CUP
Warehousing				CUP		CUP			A	A
Wholesaling and Distribution Center⁴		AUP	AUP	A⁴		A⁴			A⁴	A⁴
Winery — Boutique			A⁴	A⁴	A⁴	A⁴	A⁴		A⁴	A⁴
Winery — Production				CUP		CUP			A⁴	A⁴

Notes: (These notes apply only to Table 3-2).
1	Residential uses allowed only on second and third floors. If a project is required to comply with the Americans with Disabilities Act and does not have an elevator, one accessible unit may be located on the ground floor in conjunction with commercial space and shall not exceed the greater of:
	•	500 sf; or
	•	10% of the size of the ground floor commercial space not to exceed 1,000 sf.
2	Multifamily dwellings permitted when located on the second floor or above, or within an existing residential structure of historical significance.
3	Temporary events requiring more than 3 days for on-site setup and teardown require the approval of a conditional use permit (Section 9-2.110).
4	Outdoor commercial and industrial sales and storage developments (as defined by Section 9-9.102) of 10,000 square feet or more require the approval of a conditional use permit (Section 9-2.110), even if such a development is listed as an allowable use in a particular zoning district.
5	Handcrafted and artisan food production shall be ancillary to the retail component.
6	Mobile food vending permitted on private property with owner's permission and City review of parking and access on site. Mobile food trucks used as part of an event may be permitted in the right-of-way with the issuance of an Event Permit.
7	When no overnight stays of animals are included.
8	Permitted when in association with conforming and legal nonconforming residences.
9	Allowed on ground floor south of Atascadero Creek. Conditional use permit required on ground floor on Palma, East Mall, West Mall Entrada, Traffic Way and on El Camino Real north of Atascadero Creek as designated in Figure 3-1, subject to all of the following findings:
	a.	The location and setting of the existing building is not ideal for pedestrian uses such as restaurants, retail or related uses.
	b.	The existing building and site improvements are designed exclusively for office uses and could not accommodate other uses.
	c.	The proposed new office use will be a significant contribution to economic development by providing new jobs, pedestrian traffic, and active uses in the downtown.
	d.	The proposed new office will meet parking, accessibility, and property development standards and will not result in new parking along Atascadero Creek, East Mall or West Mall.
	e.	The proposed new office building will provide a storefront and other architectural features that complement the pedestrian scale and retail environment desired within the downtown.
10	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. (Section 9-2.110), even if such a development is listed as an allowable use in a particular zoning district.

Zoning District Abbreviations

CN - Commercial Neighborhood

CP - Commercial Professional

CR - Commercial Retail

CS - Commercial Service

CT - Commercial Tourist

CPK - Commercial Park

DC - Downtown Commercial

DO - Downtown Office

IP - Industrial Park

I - Industrial

Table 3-2 - Nonresidential Use Table Allowed Land Uses and Permit Requirements
Nonresidential Zones	A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required □ Not Permitted
	Permitted Uses By Zones										Special Regulation(s)
	CN	CP	CR	CS	CT	CPK	DC	DO	IP	I	Special Regulation(s)
Accessory Storage		A⁴	CUP⁴	A⁴	CUP⁴	CUP⁴			A⁴	A⁴	9-6.103
Adult Day Care Facility	A	A	A					CUP
Adult Oriented Business			A	A					A	A	9-16
Age Restricted Housing							CUP
Agricultural Produce Stands	A	A			A	A					9-6.117
Amusement Services		A	A	A		A	A			A
Animal Hospitals		CUP⁷	CUP	A		CUP					9-6.110
Artisan Foods and Products			A	A		A	A⁵		A	A
ATM	A	A	A	A	A	A	A	A	A	A
Auto Dealers (New and Used) and Supplies			CUP	CUP	CUP	CUP	CUP				9-6.163
Auto Repair and Services			CUP	A	A	CUP			A	A	9-6.168
Bar/Tavern			CUP		CUP	CUP	A
Bed and Breakfast			CUP	CUP	CUP	CUP
Brewery - Production				CUP		CUP			A	A
Broadcast Studios			A	A
Building Materials and Hardware w/outdoor sales or storage area 10,000 sf or greater		CUP	CUP	CUP		CUP		CUP	CUP	CUP	9-6.165
Building Materials and Hardware w/outdoor sales or storage area less than 10,000 sf		A	A	A		A			A	A	9-6.165
Business Support Services		A	A	A		A	A	A	A	A
Caretaker's Residence/Employee Unit		CUP	CUP	CUP
Childcare Center	A	A	A					CUP			9-6.125
Churches and Related Activities		CUP	CUP								9-6.121
Collection Stations	A⁴	A⁴	A⁴	A⁴	A⁴	A⁴			A⁴	A⁴	9-6.130
Contract Construction Services (Indoor)				A		A				A	A
Contract Construction Services (Outdoor)				CUP					CUP	CUP
Data and Computer Services Center		AUP		AUP		CUP			A	A
Day Care
Drive-Through Sales or Services	CUP	CUP	CUP	CUP	CUP	CUP					9-4.122
Eating and Drinking Places	A	A	A	A	A	A	A	A	A	A
Extended-Occupancy Hotel/Motel		CUP	AUP	AUP	AUP		CUP				9-6.186
Farm Equipment and Supplies w/outdoor storage or sales area 10,000 sf or greater			CUP	CUP		CUP			CUP	CUP
Farm Equipment and Supplies w/outdoor storage or sales area less than 10,000 sf			A	A		A			A	A
Farmers' Market	CUP	CUP	CUP		CUP	CUP	A	A
Financial Services and Banks	A	A	A	A	A	A	CUP	A
Fuel Dealer				A⁴		CUP			A⁴	A⁴	9-6.129
General Retail	A⁴	A⁴	A⁴	A⁴	A⁴	A⁴	A⁴
General Retail Greater than 50,000 sf	CUP	CUP	CUP	CUP	CUP	CUP	CUP
Government Offices and Facilities		A	A	A	A	A	A	CUP⁹	A	A	A
Health Care Services			A	A	CUP	A	CUP⁹	A
Horticultural Specialities w/outdoor storage or sales area 10,000 sf or greater		CUP	CUP	CUP	CUP	CUP			CUP	CUP	9-6.116
Horticultural Specialties w/outdoor sales or storage area less than 10,000 sf		A	A	A	A	A					9-6.116
Hotels, Motels		CUP	A	A	A		CUP
Indoor Recreation Services		CUP	CUP	CUP	A	A	CUP		CUP	CUP
Kennels			CUP	A							9-6.111
Large Family Day Care		CUP⁸	CUP⁸								9-6.125
Large Scale Ag Manufacturing				CUP					CUP	A	9-6.103
Laundries and Dry Cleaning Plants				A		A			A	A
Laundromat/Coin-Operated Laundry	CUP	CUP	CUP	CUP	CUP	CUP			A	A
Libraries, Museums		A	A	A	A		A	A
Live/Work Unit							A¹
Manufacturing and Processing - High Intensity⁴				CUP		CUP			AUP	AUP
Manufacturing and Processing - Low Intensity		CUP	CUP	A		A			A	A
Medical Extended Care Services: 6 Residents or Less	CUP	CUP	CUP	CUP	CUP	CUP					9-6.134
Medical Extended Care Services: 7 Residents or More			CUP								9-6.134
Medical Research		CUP		A		A		CUP	A	A
Membership Organizations			A	A		CUP	CUP
Microbrewery - Brewpub	A	CUP	A	A	A	A	A	A	A	A
Mini-Storage				CUP		CUP			A	A
Mobile Eating and Drinking Vendors⁶	A	A	A	A		A	A		A	A
Mixed-Use	CUP¹	CUP¹	CUP¹	CUP¹			A¹	A¹			9-3.331
Mortuary Services			A	A					A	A
Multifamily Dwelling	CUP²	CUP²	CUP²	CUP²							9-3.262
Offices	A	A	A	A	A	A	CUP⁹	A
Outdoor Recreation Services			CUP	CUP	A	AUP					9-6.123
Parking Lots	AUP	AUP	AUP	AUP	AUP	AUP	AUP	AUP	AUP	AUP
Parks and Playgrounds							A	A
Personal Service Restricted				A	CUP	CUP
Printing and Publishing		CUP	CUP			A⁴			A⁴	A⁴
Public Assembly and Entertainment			CUP	CUP	A	CUP	CUP
RCFE — Assisted Living			CUP								9-6.135
RCFE — Independent Living/Senior Apartments	CUP		CUP	CUP							9-6.135
RCFE — Retirement Hotel	CUP		CUP	CUP							9-6.135
Recreational Vehicle Parks					A						9-6.180
Recycling and Scrap									CUP	CUP	9-6.131
Recycling Centers									CUP	CUP	9-6.132
Research and Development		CUP		A		A	CUP	A	A	A
Residential Care: 6 Residents or Less							A²	A²			9-6.135
Retail Sales - Restricted				A	CUP	CUP
Sales Lots					CUP	CUP			CUP	CUP	9-6.139
Schools		A	A	A			CUP	CUP			9-6.125
Schools — Business and Vocational		A	A	A		A	CUP	CUP	CUP	CUP	9-6.125
Service Stations	CUP		CUP	CUP	CUP						9-6.164
Single-Family Dwelling								A¹	A¹
Single-Room Occupancy Units			CUP								9-6.184
Small Family Day Care		A⁸	A⁸	A⁸		A⁸	A⁸
Social and Service Organizations		A	A	A
Sports Assembly			CUP	CUP	A
Storage, Recycling and Dismantling of Vehicles and Material				CUP					CUP	CUP	9-6.131
Tasting Room	A	CUP	A	A	A	A	A	A	A	A
Telecommunication Facility	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP	CUP
Temporary Events	A/CUP³	CUP	A/CUP³	A/CUP³	A/CUP³	A/CUP³	A/CUP³	A/CUP³	A	A	9-6.177
Temporary Offices		A	A	A							9-6.176
Temporary or Seasonal Sales	A	A	A	A	A	A	A		A	A	9-6.174
Transit Stations			CUP	CUP	A	CUP	CUP	CUP	CUP	CUP
Towing Services¹⁰				CUP					A¹⁰	A¹⁰	9-6.167
Utility Facilities		CUP		CUP	CUP	CUP	CUP	CUP	CUP	CUP
Utility Infrastructure	A	A	CUP	A	A	A	CUP	CUP	A	A
Vehicle and Equipment Storage (Indoor)⁴				A		CUP			A⁴	A⁴	9-6.183
Vehicle and Equipment Storage (Outdoor)⁴				CUP⁴					CUP⁴	CUP⁴	9-6.183
Vehicle and Freight Terminals				CUP					CUP	CUP
Warehousing				CUP		CUP			A	A
Wholesaling and Distribution Center⁴		AUP	AUP	A⁴		A⁴			A⁴	A⁴
Winery — Boutique			A⁴	A⁴	A⁴	A⁴	A⁴		A⁴	A⁴
Winery — Production				CUP		CUP			A⁴	A⁴

Notes: (These notes apply only to Table 3-2).
1	Residential uses allowed only on second and third floors. If a project is required to comply with the Americans with Disabilities Act and does not have an elevator, one accessible unit may be located on the ground floor in conjunction with commercial space and shall not exceed the greater of:
	•	500 sf; or
	•	10% of the size of the ground floor commercial space not to exceed 1,000 sf.
2	Multifamily dwellings permitted when located on the second floor or above, or within an existing residential structure of historical significance.
3	Temporary events requiring more than 3 days for on-site setup and teardown require the approval of a conditional use permit (Section 9-2.110).
4	Outdoor commercial and industrial sales and storage developments (as defined by Section 9-9.102) of 10,000 square feet or more require the approval of a conditional use permit (Section 9-2.110), even if such a development is listed as an allowable use in a particular zoning district.
5	Handcrafted and artisan food production shall be ancillary to the retail component.
6	Mobile food vending permitted on private property with owner's permission and City review of parking and access on site. Mobile food trucks used as part of an event may be permitted in the right-of-way with the issuance of an Event Permit.
7	When no overnight stays of animals are included.
8	Permitted when in association with conforming and legal nonconforming residences.
9	Allowed on ground floor south of Atascadero Creek. Conditional use permit required on ground floor on Palma, East Mall, West Mall Entrada, Traffic Way and on El Camino Real north of Atascadero Creek as designated in Figure 3-1, subject to all of the following findings:
	a.	The location and setting of the existing building is not ideal for pedestrian uses such as restaurants, retail or related uses.
	b.	The existing building and site improvements are designed exclusively for office uses and could not accommodate other uses.
	c.	The proposed new office use will be a significant contribution to economic development by providing new jobs, pedestrian traffic, and active uses in the downtown.
	d.	The proposed new office will meet parking, accessibility, and property development standards and will not result in new parking along Atascadero Creek, East Mall or West Mall.
	e.	The proposed new office building will provide a storefront and other architectural features that complement the pedestrian scale and retail environment desired within the downtown.
10	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. (Section 9-2.110), even if such a development is listed as an allowable use in a particular zoning district.

Zoning District Abbreviations

CN - Commercial Neighborhood

CP - Commercial Professional

CR - Commercial Retail

CS - Commercial Service

CT - Commercial Tourist

CPK - Commercial Park

DC - Downtown Commercial

DO - Downtown Office

IP - Industrial Park

I - Industrial

§ 9-3.331 Mixed-use residential density.

(a)

(b)

Density and Fractional Density.

(1)

Mixed-use developments have a maximum base density of 24 dwelling units per acre.

(2)

To encourage smaller units that are affordable by design, the City authorizes fractional density units wherein maximum density may be calculated based on unit size in mixed-use developments.

(i)

The following density unit value attributed to unit sizes may be used for the purpose of calculating multi-unit maximum development density allowed on a parcel:

Units up to 600 square feet = one half (0.50) units.

Units of 601 square feet up to 1,000 square feet = two thirds (0.66) unit.

Units over 1,000 square feet = one unit.

(ii)

(iii)

(c)

Building Design Standards. See Section 9-4.130 (Multifamily and Mixed-Use Building Design Standards).

(d)

(e)

(1)

Long-term bicycle parking spaces must be enclosed, lockable, and located within the residential building on the ground floor unless the building includes elevator access to upper floors.

(2)

Long-term bicycle parking spaces must provide a minimum of one 110-volt electrical outlet and an additional outlet per 10 bicycle parking spaces for charging electric bicycles.

(3)

(f)

Transitions Zones Adjacent to Single Family. See 9-4.130(j) (Transition to Abutting Rural and Single Family Uses).

(g)

(h)

Common and Private Open Space Requirements.

(1)

Size and Type of Open Space. Recreational or gathering open space (that is separate from the living space of a unit) must be provided at a ratio of 30 square feet per unit.

(i)

Exemption. Projects with four or fewer units within commercial zones, or developments of 10 or fewer units within the Downtown Zoning districts (DO or DC) are exempt from open space requirements.

(ii)

(iii)

(2)

Private Open Space Standards. Any private outdoor open space used to satisfy subsection (h)(1) must meet the following standards:

(i)

Minimum dimensions must be five feet (width and depth) in any direction.

(ii)

The private open space must be adjacent to, and directly accessible from, the residential unit being served.

(3)

Common Open Space Standards. Any common outdoor open space used to satisfy subsection (h)(1) must meet the following standards:

(i)

Minimum dimensions shall be 10 feet (width and depth) in any direction.

(ii)

Common open space areas must be at least 750 square feet.

(b)

Parking. Parking areas designated to have vehicles facing El Camino Real or the freeway shall be screened with a landscaped berm a minimum of 30 inches in height.

(c)

Setback. A minimum freeway setback of 10 feet shall be provided. Said setback area shall be landscaped.

(d)

Utilities. All new and existing utilities shall be installed underground.

(e)

(f)

(Ord. 602 § 2016; Ord. 620 § 4, 2019; Ord. 635 § 5, 2020; Ord. 671, 6/25/2024)

§ 9-3.344 CS Zone.

The following are property development standards for the CS in addition to those found in Chapters 9-3, 9-4, 9-6, and other special use regulations found in this title:

(a)

(b)

(c)

(Ord. 602 § 2016; Ord. 620 § 4, 2019; Ord. 635 § 5, 2020; Ord. 671, 6/25/2024)

§ 9-3.345 CT Zone.

The following are property development standards for the CT in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title:

(a)

(b)

(c)

(Ord. 602 § 2016; Ord. 620 § 4, 2019; Ord. 635 § 5, 2020)

§ 9-3.346 CPK Zone.

The following are property development standards for the CPK in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title:

(a)

(b)

(c)

Setback. A minimum freeway setback shall be provided. Said setback shall be landscaped. This may be modified through the conditional use permit process.

(d)

Utilities. All new and existing utilities shall be installed underground.

(e)

(f)

(Ord. 602 § 2016; Ord. 620 § 4, 2019; Ord. 635 § 5, 2020)

§ 9-3.347 DC/DO Zone.

The following are property development standards for both the DC and DO zoning districts, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title.

Development Feature	Requirement by Zoning District
	DC	DO
	Downtown Commercial	Downtown Office
Minimum lot size	No minimum
Setbacks	Minimum and maximum setbacks required. See Section 9-4.103 for setback requirement, allowed projections into setbacks, and exceptions to setbacks.
Primary Street	None allowed, except for building insets designed to accommodate outdoor eating and seating areas, and except for East Mall between El Camino Real and Palma Avenue, where a minimum of 20 feet is required	As required by Section 9-4.106 when adjacent to a residential zone, none required otherwise.
Sides (each)	None required
Rear	None required
Creek	To be determined through Design Review
Height limit	45 feet; 18 feet on the west side of El Camino Real between Atascadero Creek and the lot line common to Lots 19 and 20, Block H-B, Atascadero Colony Map.	35 feet
Landscaping	As required by Section 9-4.124 et seq. (Landscaping, screening and fencing)
Off-street parking	None required, except as required by Section 9-4.114 for hotels, motels, residential uses, offices, government offices and facilities, and health care services, and for all development east of Atascadero Creek.	As required by Section 9-4.114 et seq.
Signs	See Chapter 9-15
Density	24 dwelling units/acre maximum See also Section 9-3.331(b) (Density and Fractional Density).	24 dwelling units/acre maximum See also Section 9-3.331(b) (Density and Fractional Density).
Fire backflow devices	(a) Fire Backflow Devices. Fire backflow devices are required to be integrated into the site or building design, are prohibited in any public right-of-way, and must also be accessible to Fire Department and Water Company personnel at all times. (b) Fire Connection Devices. Fire department connections shall be installed in accordance with the NFPA standard applicable to the system design and shall comply with Sections 912.2 through 912.7 of the California Fire Code.

(Ord. 602 § 2, 2016; Ord. 614 § 4, 2017; Ord. 615 § 4, 2018; Ord. 635 § 5, 2020; Ord. 670, 3/12/2024; Ord. 671, 6/25/2024)

§ 9-3.348 IP Zone.

The following are property development standards for the IP zoning district, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title.

(a)

(Ord. 602 § 2, 2016; Ord. 620 § 4, 2019)

§ 9-3.349 I Zone.

The following are property development standards for the I zoning district, in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title.

(a)

(Ord. 602 § 2, 2016; Ord. 620 § 4, 2019)

§ 9-3.410 Intent.

(Ord. 602 § 2, 2016)

§ 9-3.420 Purposes of the public zoning districts.

The purposes of the individual public zoning districts and the manner in which they are applied are as follows:

(a)

L (Recreation) Zoning District. This zone is established to provide suitable locations and standards for the development of recreational facilities accommodating the needs of the general public.

(b)

(c)

P (Public) Zoning District. This zone is established to provide suitable locations and standards for the maintenance and development of public and quasi-public facilities and services.

(d)

(Ord. 602 § 2, 2016)

§ 9-3.430 Public districts allowable land uses.

Table 3-3 Public Zone Uses Allowed Land Uses and Permit Requirements
Public Zones	A CUP AUP (blank)	Allowed Use, Zoning Clearance Required Conditional Use Permit Required Administrative Use Permit Required Not Permitted
	Permitted Uses By Zones				Special Use Regulation(s)
	L	LS	P	OS	Special Use Regulation(s)
Accessory Storage
Adult Day Care Facility			CUP
Agricultural Accessory Uses		A
Amusement Services	A	CUP
Animal Hospitals			CUP
ATM			A
Bed and Breakfast	A	A
Broadcast Studios			A
Caretaker's Residence/Employee Unit	CUP				9-6.184
Cemeteries	CUP	CUP	CUP
Childcare Center			CUP		9-6.125
Churches and Related Activities			CUP		9-6.121
Collection Stations	A	A	A		9-6.130
Day Care
Eating and Drinking Places	CUP	CUP
Farmers' Market	A	A	A
Government Offices and Facilities			A
Health Care Services			CUP
Home Occupation		A
Horticultural Specialties		CUP
Hotels, Motels		CUP
Indoor Recreation Services	CUP	CUP	A
Libraries, Museums	A	A	A
Medical Extended Care Services: 6 Residents or Less			CUP		9-6.134
Medical Extended Care Services: 7 Residents or More			CUP		9-6.134
Membership Organizations	A		CUP
Mini-Storage			CUP
Mortuary Services			CUP
Outdoor Recreation Services	A	CUP	A		9-6.123
Parking Lots			A
Parks and Playgrounds	A	A	A	A
Recreational Vehicle Parks	CUP	CUP	CUP		9-6.180
Residential Accessory Uses		A			9-6.106
Residential Care: 6 Residents or Less			CUP		9-6.125
Residential Care: 7 Residents or More			CUP		9-6.125
Schools			A
Schools—Business and Vocational	A		CUP		9-6.125
Single-Family Dwelling		A	CUP
Sports Assembly	CUP
Telecommunication Facilities	CUP	CUP	CUP
Temporary Dwelling		A			9-6.176
Temporary Events
Temporary Offices			A
Transit Stations	CUP		CUP
Utility Facilities	A	A	A	CUP
Utility Infrastructure	CUP	CUP	CUP	CUP

Zoning Districts Abbreviations
L – Recreation
LS – Special Recreation
P – Public
OS – Open Space

(Ord. 602 § 2, 2016; Ord. 646 § 11, 2021)

§ 9-3.440 Property development standards.

New subdivisions, land uses, structures, and alterations to existing land uses and structures shall be designed, constructed and established in compliance with the Sections 9-3.441 through 9-3.444, in addition to applicable standards (e.g., landscaping, parking, fencing, etc.) in Chapter 9-4, and Special Land Use Regulation in Chapter 9-6 of this title.

(Ord. 602 § 2, 2016)

§ 9-3.441 L Zone.

The following are property development standards for L in addition to those found in Chapters 9-4, 9-6, and other special use regulations found in this title:

(a)

Lot Size. There shall be no minimum lot size in the Recreation Zone.

(Ord. 602 § 2, 2016)

(Ord. 602 § 2, 2016; Ord. 660 § 5, 2022)

§ 9-3.500 Definitions.

As used in Title 9, the following terms and phrases shall have the meaning ascribed to them in this section, unless the context in which they are used clearly requires otherwise.

Definitions "A"

Accessory Storage.

Adult-Oriented Business.

Age Restricted Housing.

Residential multifamily or single-family units that restrict occupancy based on age. This use typically consists of senior housing which restricts age for 55 and older.

Agricultural Accessory Uses.

Agricultural Produce Stands.

Agriculture Employee Housing.

Amusement Services.

Animal Hospitals.

Establishments primarily engaged in performing services for animals, including veterinary services and animal hospitals. Does not include kennels, which are listed as a separate category.

Artisan Foods and Products.

An establishment that specializes in artisan food production, art glass, ceramics, jewelry, paintings, sculpture, and other handcrafted items, where the facility includes a retail component.

Auto Dealers (New and Used) and Supplies.

Auto Repair and Services.

Automated Teller Machine (ATM).

Definitions "B"

Bar/Tavern.

Bed and Breakfast.

Brewery—Production.

Broadcasting Studios.

Building Materials and Hardware.

Business Support Services.

•	Blueprinting and reprographics, copying and quick printing services;
•	Computer related services, repair and rental;
•	Private mail and mailbox service not affiliated with Federal mailing agency;

Definitions "C"

Caretaker Residence/Employee Unit.

Cemeteries.

Churches and Related Activities.

Collection Stations.

Common Interest Development.

Contract Construction Services (Indoor).

Contract Construction Services (Outdoor).

Definitions "D"

Data and Computer Services/Center.

Day Care.

•	Child Care Center. Child day care facilities designed and approved to accommodate 15 or more children. Includes infant centers, nursery schools, preschools, sick-child centers, and school-age day care facilities. These may be operated in conjunction with a school or church facility, or as an independent land use.
•	Large Family Day Care Home. As provided by Health and Safety Code Section 1596.78 or successor provision, a home that regularly provides care, protection, and supervision for seven to 14 children, including children under the age of 10 years who reside in the home, for periods of less than 24 hours per day, while the parents or guardians are away.
•	Small Family Day Care Home. As provided by Health and Safety Code Section 1596.78 or successor provision, a home that provides family day care for six or fewer children, including two children under the age of 10 years who reside in the home.
•	Adult Day Care Facility. A day care facility providing care and supervision for adult clients.

Drive-Through Sales or Services.

Definitions "E"

Eating and Drinking Places.

EV Charging Site.

Definitions "F"

Farm Animal Raising.

Farm Equipment and Supplies.

Definitions "G"

•	Antique stores, second hand stores, jewelry stores, hobby materials, specialty stores;
•	Art galleries, art supplies, collectibles, hobby materials;
•	Bicycles, toys, games, sporting goods and equipment;
•	Department stores, drug stores, pharmacies, supermarkets, groceries stores, specialty food markets, membership warehouse clubs;
•	Florists, house plant stores (indoor sales), small house wares;
•	Home furniture stores, consumer electronic/audio visual goods, bookstores, home and/or office appliance stores (excludes wholesale sales not open to the general public);
•	New clothing, shoes, and accessory retail stores;
•	Stationery, dry goods, fabric stores and sewing supplies, and variety stores;
•	Stand-alone convenience markets (excludes fuel sales), warehouse retail stores, building supply hardware stores where outdoor sales are limited to under 10,000 square feet.
	Pawn shops and retail stores that sell smoking, tobacco and vaping products as the primary use are included in "retail sales-restricted."

Government Offices and Facilities.

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.

Definitions "H"

Health Care Services.

Home Occupations.

The gainful employment of the occupant of a dwelling, with such employment activity being subordinate to the residential use of the property.

Horticultural Specialties.

Hotels, Motels.

Definitions "I"

Indoor Recreation Services.

Definitions "J"

Definitions "K"

Kennels.

Definitions "L"

Large Scale Ag Manufacturing.

Laundries and Dry-Cleaning Plants.

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."

Libraries, Museums.

Livestock Specialties.

Live/Work Units.

•	Complete kitchen space and sanitary facilities in compliance with the Building Code;
•	Working space reserved for and regularly used by one or more occupants of the unit;
•	Working space includes uses that are permitted within the zoning district.

Definitions "M"

Manufacturing, Repair, and Processing—High Intensity.

•	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.

•	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 Extended Care Services.

Medical Research.

Membership Organizations.

Micro-Brewery/Brewpub.

Mini-Storage.

Buildings containing individual storage areas rented or leased to the general public. Does not include warehousing or exterior storage facilities.

Mixed-Use Development.

Mobile Eating and Drinking Vendors.

Mobile Home/Manufactured Home.

Mobile Home Park.

Mortuary Services.

Multiple-Family Dwelling.

Definitions "N"

Definitions "O"

Offices.

Organization Houses.

Outdoor Recreation Services.

Definitions "P"

Parking Lot.

Parks and Playgrounds.

Personal Cannabis Cultivation.

As defined by Chapter 9-17.

Personal Services.

Personal Services—Restricted.

Printing and Publishing.

Public Assembly and Entertainment.

Definitions "Q"

Definitions "R"

Recreational Vehicle Parks.

Recycling and Scrap.

Recycling Centers.

Research and Development.

Residential Accessory Uses.

Residential Care.

Residential Care Facility for the Elderly (RCFE).

•	Assisted Living Facility. A residential building or buildings that also provide housing, personal and health care, as permitted by the Department of Social Services, designed to respond to the daily, individual needs of the residents. Assisted living facilities may include kitchenettes (small refrigerator, sink and/or microwave oven) within individual rooms. Assisted living facilities are required to be licensed by the California Department of Social Services, and do not include medical extended care services.
•	Independent Living Center/Senior Apartment. Independent living centers and senior apartments are multifamily residential projects reserved for senior citizens, where common facilities may be provided (for example, recreation areas), but where each dwelling unit has individual living, sleeping, bathing, and kitchen facilities.
•	Retirement Hotel. Establishments primarily engaged in providing lodging facilities limited to the aged where no medical care is provided. Such establishments may provide housekeeping and meals to the residents.

Resource Extraction.

Retail Sales-Restricted.

Rural Sports and Group Facilities.

Definitions "S"

Sales Lots.

Schools.

Schools—Business and Vocational.

Secondary Residential Unit.

Service Stations.

Single-Family Dwelling.

Single Room Occupancy Unit (SRO).

Small Scale Ag Processing.

Social and Service Organizations.

Sports Assembly.

Storage, Recycling and Dismantling of Vehicles and Material.

Definitions "T"

Tasting Room.

Telecommunication Facility.

Temporary Dwelling.

Temporary Events.

Temporary Offices.

The utilization of a mobile home or recreational vehicle as a temporary office during the period of a construction of a permanent office facility on the same site.

Temporary or Seasonal Retail Sales.

Towing Services.

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.

Transitional Housing.

Definitions "U"

Utility Facilities.

Utility Infrastructure.

Definitions "V"

Vehicle and Equipment Storage (Indoor).

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. Does not include wrecking yards, which are classified in "recycling and scrap." Storage of oversized commercial vehicles is also subject to Section 9-6.103.

Vehicle and Freight Terminals.

Definitions "W"

Warehousing.

Wholesaling and Distribution Centers.

Winery—Boutique.

Winery—Production.

Definitions "X"

Definitions "Y"

Definitions "Z"

(Ord. 602 § 2, 2016; Ord. 614 § 4, 2017; Ord. 635 § 5, 2020; Ord. 646 § 11, 2021; Ord. 660 § 5, 2022; Ord. 669, 11/28/2023; Ord. 670, 3/12/2024)

§ 9-3.501 Purpose.

(Ord. 571 § 1, 2013; Ord. 627 § 5, 2019)

§ 9-3.502 Applicability of emergency shelter standards.

(a)

Assessor Parcel Number (APN) 030-341-013.

(Ord. 571 § 1, 2013; Ord. 627 § 5, 2019)

§ 9-3.503 Minimum site design and development standards.

An emergency shelter is subject to all property development standards of the zoning district in which it is located except as modified by the following standards:

(a)

Minimum Site Area. One gross acre is the minimum site area.

(b)

(c)

Parking.

(1)

One vehicle parking space per five beds must be provided on site.

(2)

One bicycle space per 10 beds must be provided on site.

(3)

One vehicle space per employee must be provided on site.

(4)

Parking area must be shown in a site plan. Parking area must be paved.

(5)

Parking area must be lit for security purposes with permanent lighting consistent with Section 9-4.137 of the Atascadero Municipal Code.

(6)

Sleeping in or occupying vehicles as a residence is not permitted on the site.

(d)

Landscaping and Fencing.

(1)

(i)

(2)

Play areas for children are to be fenced to prevent uncontrolled access to and from the site. Fencing shall not include any solid materials and must be consistent with the California Building Code.

(3)

On-site landscaping must be installed and maintained in compliance with the multifamily zoning district requirements in Section 9-4.125.

(4)

Outdoor areas (yards) must be kept clean and free of debris.

(Ord. 571 § 1, 2013; Ord. 627 § 5, 2019)

§ 9-3.504 Operating standards.

The following operating standards apply to emergency shelters:

(a)

Emergency Shelter Operator. Each shelter shall be operated by an agency or organization with experience in managing or providing social services.

(b)

(1)

Assessor Parcel Number (APN) 030-341-013: 90 beds.

(c)

On-Site Management and Supervision.

(1)

Assessor Parcel Number (APN) 030-341-013. There shall be a minimum of one on duty supervisor for every 30 overnight shelter clients during the operating hours.

(d)

Operating Hours.

(1)

Exceptions:

(i)

Temporary shelter clients are permitted on the premises during hours of operation.

(ii)

Operator staff, board members, and contractors are not subject to any time restrictions.

(iii)

Fundraisers (not involving shelter clients);

Neighborhood open houses (not involving shelter clients);

Neighborhood meetings (not involving shelter clients);

Holiday events for shelter clients; and

Official government enumeration surveys involving shelter clients.

(e)

On-Site Management Plan Contents. The operator must prepare and follow an on-site management plan that must include the following:

(1)

Rules. A list of rules and regulations for overnight clients.

(2)

Logs. Provide a methodology for tracking the number of overnight clients.

(3)

Security and safety plan that will address security and safety of occupants, loitering control and management of outdoor areas.

(4)

Types and descriptions of programs offered on-site.

(5)

Required On-Site Signage:

No loitering signs.

No trespassing sign.

No camping signs.

Identify a neighborhood liaison and provide the contact information for the liaison.

(7)

Hold at least one neighborhood meeting each calendar year.

(8)

A dispute resolution process for any neighborhood issues that may arise.

(9)

Mechanisms for enforcement.

(f)

Management Plan Submittal—Approval and Review.

(1)

The initial management plan must be submitted within 60 days of approval of the overlay zone change and thereafter must be submitted for review by the City annually on February 1st of every year.

(2)

The initial management plan must be approved by the City Council.

(3)

Annual Review. The management plan will be reviewed annually by staff. Updates to the Operation Management Plan will be forwarded to the City Council for review at a public hearing.

(g)

(1)

Hours of Operation. Open Meal Program service operating hours shall be between 4:00 p.m. and 6:00 p.m., daily. Non-Shelter Client participants shall vacate the site no later than 6:15 p.m.

(2)

The operator shall take reasonable steps to prevent meal recipients from congregating in and around the site at all times to minimize adverse impacts on adjacent properties.

Participant Screening. All Open Meal Program participants must be screened by the operator prior to admission for meal service.

(7)

Log of Participants. A log of Open Meal Program participants is required to be kept daily. The operator must make reasonable efforts to collect the following information:

Legal name.

Date of birth.

Housing status.

Review of Open Meal Program Participants. The operator must make available a log of Open Meal Program participants for periodic review by the City.

(9)

(i)

Any complaints shall first be reported to the neighborhood liaison.

Construction, General.

(1)

No construction or grading is to limit the capacity of the floodway or increase flood heights above that allowed under the Federal Flood Insurance Program.

(2)

Structures are to be anchored to prevent flotation that could result in damage to other structures, or restriction of bridge openings and narrow sections of the stream or river.

(3)

Service facilities such as electrical and heating equipment are to be floodproofed or constructed at a minimum of one foot above the one hundred (100) year storm flood profile level for the site.

(b)

Structures for Human Occupancy. All structures intended for human occupancy are subject to the following standards, in addition to the provisions of subsection (a) of this section:

(1)

(2)

On the basis of structural plans and the depth analysis the ground floor of all structures is to be constructed at a minimum of one foot above the 100 year storm flood profile level.

(c)

(Ord. 68 § 9-3.604, 1983)

§ 9-3.611 Purpose.

(a)

(b)

Landslide Hazard. Areas identified as being subject to moderately high to high landslide risk.

(c)

Liquefaction Hazard. Areas identified as being subject to soil liquefaction.

(Ord. 68 § 9-3.611, 1983)

§ 9-3.612 Applicability of geologic hazard standards.

The standards of Sections 9-3.613 and 9-3.614 apply to all land uses for which a zoning approval is required, except:

(a)

(b)

Any agricultural use not involving a building, and any agricultural accessory structure.

(c)

Alterations or additions to any structure, the value of which does not exceed 50% of the assessed value of the structure in any 12 month period.

(Ord. 68 § 9-3.612, 1983)

§ 9-3.613 Application content: Geologic and soils report required.

(a)

A review of the local and regional seismic and other geologic conditions that may significantly affect the proposed use;

(b)

(c)

Conclusions and recommendations regarding the potential for, where applicable:

(1)

Surface rupture or other secondary ground effects of seismic activity at the site,

(2)

Active landsliding or slope failure,

(3)

Adverse groundwater conditions,

(4)

Liquefaction hazards;

(d)

(Ord. 68 § 9-3.613, 1983)

§ 9-3.614 Geologic Hazard Overlay Zone special standards.

All uses within a Geologic Hazard Overlay Zone are to be established and maintained in accordance with the following, as applicable:

(a)

Grading. Any grading not otherwise exempted from the permit requirements of Sections 9-4.138 et seq., is to be performed as engineered grading under the provisions of those sections.

(b)

Seismic Hazard Areas. No structure intended for human occupancy shall be located within 50 feet of an active fault trace within a special studies zone.

(Ord. 68 § 9-3.614, 1983)

§ 9-3.621 Purpose.

(Ord. 678, 12/10/2024)

§ 9-3.622 Applicability of the HS Overlay Zone.

(Ord. 678, 12/10/2024)

§ 9-3.623 Processing requirements.

(a)

(b)

(c)

(Ord. 678, 12/10/2024)

§ 9-3.631 Purpose.

(Ord. 68 § 9-3.631, 1983)

§ 9-3.632 Applicability of Sensitive Resource Overlay Zone standards.

(Ord. 68 § 9-3.632, 1983)

§ 9-3.633 Processing requirements.

The requirements established by Chapters 9-3 and 9-6 are modified for the Sensitive Resource Overlay Zone as follows:

(a)

(b)

Application Content. Applications for projects within a Sensitive Resource Overlay Zone are to include a description of measures proposed to protect the resources.

(c)

Environmental Determination.

(1)

(2)

(d)

Final Application Requirement and Processing.

(1)

(2)

If an environmental impact report is required, the project shall be processed and authorized only through conditional use approval (Section 9-2.110).

(Ord. 68 § 9-3.633, 1983)

§ 9-3.634 Required findings.

Where a conditional use permit is required by the provisions of the Sensitive Resource Overlay Zone, it may be approved only where the following findings are made:

(a)

(b)

Natural features and topography have been considered in the design and siting of all proposed physical improvements.

(c)

(d)

(Ord. 68 § 9-3.634, 1983)

§ 9-3.635 Minimum site design and development standards.

All uses within a Sensitive Resource Overlay Zone are to conform to the following standards:

(a)

Surface mining is not permitted.

(b)

(c)

(d)

(Ord. 68 § 9-3.635, 1983)

§ 9-3.641 Purpose.

(Ord. 68 § 9-3.641, 1983)

§ 9-3.642 Applicability of planned development standards.

The standards of Section 9-3.645 et seq., apply to all uses for which a zoning approval is required that are located in a Planned Development Overlay Zone.

(Ord. 68 § 9-3.642, 1983)

§ 9-3.643 Minimum development standards and processing requirements.

(a)

(b)

To modify processing procedures set forth by the underlying zoning district (Chapter 9-3); and

(c)

To establish other development standards or processing requirements; and

(d)

To modify minimum lot sizes or permitted density.

(Ord. 68 § 9-3.643, 1983)

§ 9-3.644 Required findings.

In approving the establishment of a Planned Development Overlay Zone, the following findings shall be made:

(a)

Modification of development standards or processing requirements is warranted to promote orderly and harmonious development.

(b)

Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area.

(c)

Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements.

(d)

Proposed plans, if any, offer certain redeeming features to compensate for requested modifications.

(Ord. 68 § 9-3.644, 1983)

§ 9-3.645 Establishment of Planned Development Overlay Zone No. 1 (PD1).

A minimum front setback of 20 feet shall be provided along the El Camino Real frontage of all parcels. Rear setbacks shall be a minimum of 10 feet.

(e)

Plans shall make provision to develop an attractive appearance along Highway 101 through the use of landscaping, building and parking orientation and other means.

(f)

The number of driveways along El Camino Real shall be minimized to prevent potential traffic conflicts.

(g)

All utilities shall be installed underground.

(h)

Exterior building materials shall be reviewed for acceptability and shall exhibit compatible relationships between buildings on a particular site or parcel.

(Ord. 68 § 9-3.645, 1983)

§ 9-3.646 Establishment of Planned Development Overlay Zone No. 2: (PD2).

Planned Development Overlay Zone No. 2 is established as shown on the official zoning maps (Section 9-1.102). The following modifications to development standards are established:

(a)

(b)

(c)

Design of the subdivision shall incorporate mitigation measures set forth in the Final Environmental Impact Report.

(d)

(e)

(Ord. 68 § 9-3.646, 1983)

§ 9-3.647 Establishment of Planned Development Overlay Zone No. 3: (PD3).

Planned Development Overlay Zone No. 3 is established as shown on the official zoning maps (Section 9-1.102). The following modifications to development standards are established:

(a)

A minimum front setback of 10 feet shall be provided along the frontage of all parcels. Setback shall apply to buildings, structures and parking areas and shall be landscaped.

(b)

(1)

A one-story building less than 15 feet in overall height when designed to minimize visual impacts on adjacent residential uses;

(2)

Parking when designated to minimize visual impacts on adjacent residential uses.

(c)

Nonresidential uses shall not use local streets as the primary access to parking areas except when it is determined that no other feasible means of access is available.

(d)

Nonresidential uses shall incorporate suitable screening and design features into plans in order to create a compatible relationship with adjacent residential uses.

(Ord. 68 § 9-3.647, 1983; Ord. 457 § 3, 2004)

§ 9-3.648 Establishment of Planned Development Overlay Zone No. 4: (PD4).

The Planned Development Overlay Zone No. 4 is established as shown on the official zoning maps (Section 9-1.102). The following modifications to development standards are established:

(a)

No lot shall be developed unless it is connected to Traffic Way by a paved road.

(b)

Industrial uses shall incorporate suitable screening and design features into plans in order to create a compatible relationship with nearby residential uses.

(c)

Areawide circulation deficiencies shall be evaluated prior to the establishment of traffic-generating industrial uses.

(d)

(Ord. 68 § 9-3.648, 1983)

§ 9-3.649 Establishment of Planned Development Overlay Zone No. 5: (PD5).

The Planned Development Overlay Zone No. 5 is established as shown on the official zoning maps (Section 9-1.102). The following development standards are established:

Building architecture shall be compatible with the architecture of Hans Heilmann Regional Park.

(e)

Landscape plans shall make provision to develop a distinct buffer zone between the outdoor recreation use and adjacent residential property.

(Ord. 114 § 3, 1985)

§ 9-3.650 Establishment of Planned Development Overlay Zone No. 6: (PD6).

The Planned Development Overlay Zone No. 6 is established as shown on the official zoning maps (Section 9-1.102). The following development standards are established:

Building height shall be limited to 30 feet (not to exceed two stories).

(e)

An open space easement shall be provided for those areas above the nine-hundred-sixty-foot (960) contour line as shown on the 1965 Atascadero, California USGS Quadrangle (15 minute series).

(f)

Deleted.

(g)

(h)

No development shall occur prior to the extension of sewer service to each lot, parcel, or building site proposed for development.

(i)

(Ord. 133 § 3, 1986; Ord. 211 § 2, 1990)

§ 9-3.651 Establishment of Planned Development Overlay Zone No. 7: (PD7).

(a)

A Master Plan of Development of the site shall be approved. All construction and development shall be done in conformance with the approved master plan.

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development.

(c)

A proposed planned development project shall consist of no fewer than four residential units.

(d)

A parent lot or lots shall have frontage on a public street.

(e)

Each dwelling unit shall be subject to review under the City's Appearance Review Guidelines.

(f)

Building setbacks shall be as follows:

Primary street yard at residence	15 feet
Side yards (combined)	10 feet
Corner street yard (corner lot)	12 feet
Rear yard (single-story)	10 feet
Rear yard (two-story)	15 feet

Garages shall be recessed from the front of the residence by at least five feet.

(1)

(g)

(h)

Two-story residences shall have a second floor that is limited to 75% of the gross area of the first floor inclusive of the garage.

(i)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(j)

Exterior fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units.

(k)

Accessory buildings (sheds, etc.) will be allowed; however, the footprint of such accessory buildings will count toward the maximum percent of allowable building coverage.

(l)

Each proposed lot shall have a minimum frontage of 45 feet, except that lots at the end of a cul-de-sac may be 40 feet.

(m)

(n)

(o)

Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trash cans within the garage or fenced area.

(p)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(q)

Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines.

(r)

All dwelling units shall be equipped with water conservation devices to include low-flow shower heads and toilets, and drip irrigation systems.

(Ord. 151 § 3, 1987; Ord. 150 § 3, 1987; Ord. 222 § 2, Exh. A, 1991; Ord. 325 § 2 (Exh. A), 1997; Ord. 660 § 5, 2022)

§ 9-3.652 Establishment of Planned Development Overlay Zone No. 8: (PD8).

Planned Development Overlay Zone No. 8 is established as shown on the Official Zoning Maps (Section 9-1.102). The following development standards are established:

(a)

(b)

In approving a Master Plan of Development for the site, the uses allowed shall be limited to:

(1)

Single-family dwellings;

(2)

Residential accessory uses (see Section 9-6.106);

(3)

Home occupation (see Section 9-6.105);

(4)

Temporary dwelling (see Section 9-6.176);

(5)

Pipelines;

(c)

No uses shall be established, or expanded, unless approved pursuant to a Master Plan following a public hearing.

(d)

(e)

Residential uses shall be subject to appearance review.

(f)

(g)

The limited grazing of animals for the purpose of annual wildfire fuel management is permitted.

(Ord. 221 § 3, Exh. B, 1991; Ord. 338 § 2, 1998; Ord. 518 § 2, 2007)

§ 9-3.653 Establishment of Commercial Park Planned Development Overlay Zone No. 9: (PD9).

Commercial Park Planned Development Overlay Zone No. 9 is established as shown on the official zoning maps (Section 9-1.102). The following development standards are established:

In approving a Master Plan of Development for the site, the conditionally allowed land uses are limited to the following:

(1)

Automobile, mobilehome, and vehicle dealers and suppliers (see Section 9-6.163 of this title);

(2)

Accessory storage (see Section 9-6.103 of this title);

(3)

Building materials and hardware (see Section 9-6.165 of this title);

(4)

Business support services;

(5)

Contract construction services;

(6)

Eating and drinking places with drive-through facilities;

(7)

Electronic and scientific instruments;

(8)

Farm equipment and supplies;

(9)

Furniture and fixtures;

(10)

Horticultural specialties (see Section 9-6.116 of this title);

(11)

Hotels, motels;

(12)

Sales lots (see Section 9-6.139 of this title);

(13)

Small scale manufacturing;

(14)

Temporary events (see Section 9-6.177 of this title);

(15)

Temporary/seasonal sales (see Section 9-6.174 of this title);

(16)

Utility transmission facilities;

(17)

Vehicle and equipment storage (see Section 9-6.183 of this title);

(18)

Indoor recreation;

(19)

Pipelines;

(20)

Public assembly and entertainment.

(f)

Any development shall be served by City sewer.

(Ord. 249 § 3 (Exh. B), 1993; Ord. 525 § 3, 2008)

§ 9-3.654 Establishment of Residential Planned Development Overlay Zone No. 9: (PD9) North of Union Pacific Railroad.

Residential Planned Development Overlay Zone No. 9 is established as shown on the official zoning maps (Section 9-1.102 of this title). The following development standards are established:

In approving a master plan of development for the site, the conditionally allowed land uses are limited to the following:

(1)

Single family residential;

(2)

Age restricted senior housing developments;

(3)

Public parks;

(4)

Open space.

(f)

Single family residential development shall be subject to the following standards:

(1)

Each proposed lot shall have a minimum net lot area of 0.30 acres;

(2)

(Ord. 249 § 3 (Exh. B), 1993; Ord. 435 § 2, 2004)

§ 9-3.655 Establishment of Planned Development Overlay Zone No. 10: (PD10).

(a)

All site developments shall require the approval of a master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

(c)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(d)

The residential dwelling units, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved master plan of development.

(e)

Building setbacks, landscape area, and lot coverage shall be as identified within the approved master plan of development.

(f)

All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained, as approved through a homeowners' association or similar maintenance mechanism.

(g)

All utilities, including electric, telephone and cable, along the frontage of, and within the PD and along the project frontages shall be installed and/or relocated underground.

(h)

An open space and tree preservation easement shall be recorded on the final map over the existing riparian area.

(Ord. 263 § 2 (Exh. B), 1993; Ord. 296 § 2 (Exh. A), 1996; Ord. 485 § 2, 2005)

§ 9-3.656 Establishment of Planned Development Overlay Zone No. 11: (PD11).

The Planned Development Overlay Zone No. 11 is established as shown on the official zoning maps (Section 9-1.102 of this title). The conditions of development are established:

Conditions of Approval.

Planning Division.

The "Open Space" lots (Lots A, B and C) as shown on Exhibit B shall be offered for dedication to the City.

(7)

Road Abandonment 94-001 shall be completed and all necessary documents shall be recorded prior to, or simultaneously with the recordation of any final document(s) implementing LLA 94-005.

Fire Department.

Water Supply.

Fire Apparatus Access.

(i)

Driveway. A vehicular access to a single parcel with one or two buildings, having no more than three dwelling units on a single parcel and any number of accessory buildings.

Length	Required Width
0—49 feet	12 feet
50—99 feet	14 feet
Greater than 200 feet	16 feet (Note 1 and Note 2)

NOTES:
1.	For driveways exceeding 300 feet, turnaround shall be provided at the building site and must be within 50 feet of the dwelling.
2.	For driveway exceeding 800 feet, a turnout shall be provided at the midpoint or every 400 feet.

(ii)

Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet and six inches. Driveways shall have not less than 15 feet of vertical clearance.

(iii)

(iv)

The turning radius of a fire apparatus access road shall have a horizontal inside radius curvature of not less than 28 feet inside radius and 48 feet outside radius.

(v)

(vi)

The minimum level of improvement is determined by the grade of the access road or driveway providing access from the road to the building site or parking area as follows (UFC 10.204):

Surface	Minimum Grade
All-Weather	Less than 12 percent
Nonskid (Note 1)	12 percent to 16 percent
Nonskid (Note 2)	Over 16 percent

Note 1.	Surface shall be asphalt or concrete in the City of Atascadero Engineering Standard Specifications and Drawings including a nonskid finish (brushed concrete or equivalent pavement).
Note 2.	A driveway/access road that would provide a grade greater than 16% and less than 20% and is designed by a Registered Civil Engineer may be considered on a case-by-case basis by the Fire Chief.

(vii)

Parcels less than 1 acre	800 feet
Parcels 1 acre to 4.66 acres	1,320 feet
Parcels 5 acres to 19.99 acres	2,640 feet
Parcels 20 + acres	5,290 feet

(3)

(c)

Engineering Division.

(1)

Road Improvements—General.

(i)

All road improvements shall be constructed in accordance with the City Engineering Department Standard Specifications and Drawings or as directed by the City Engineer.

(ii)

An encroachment permit shall be obtained from the City Engineering Department prior to the start of construction. The applicant shall enter into a Plan Check/Inspection agreement with the City.

(iii)

Road improvement plans prepared by a registered civil engineer shall be submitted for review and approval by the City Engineer prior to approval of the Master Development Plan.

(2)

Road Improvements—On-Site.

(i)

San Marcos Road from the project boundary to the intersection of Cenegal Road (prior to Phase I);

Cenegal Road from the project boundary to the intersection of San Marcos Road (prior to Phase II);

(ii)

(iii)

The minimum right-of-way width for all on-site roads shall be 50 feet.

(iv)

(v)

Slope easements shall be provided on each side of the right-of-way as needed to accommodate cut slopes, fill slopes and/or retaining structures.

(vi)

Curve widening shall be constructed on all on-site roads in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer.

(vii)

(viii)

The applicant shall install all necessary street name and traffic signs as well as all necessary traffic striping and markings as required by the City Engineer.

(ix)

(3)

Road Improvements—Off-Site.

(i)

(ii)

(iii)

San Marcos Road between Los Altos Road and the project boundary shall be improved preparatory to acceptance of this portion of road into the City maintained system.

San Marcos Road between Los Altos Road and the project boundary shall be improved prior to the development of Phase 1 of the project and prior to the issuance of building permits.

(iv)

(v)

(vi)

The existing residential driveway approach serving lots 109-112 shall be brought up to current Caltrans Design Standards.

Timing: Prior to the issuance of the first housing unit building permit for any portion of Lots 109-112.

(vii)

The sight distance improvements for the driveways accessing Lots 109-112 shall be constructed prior to the issuance of the first housing unit permit for any portion of Lots 109-112.

(viii)

The advisory and warning signage improvements for the driveways accessing Lots 109-112 shall be constructed prior to the issuance of the first housing unit permit for any portion of Lots 109-112.

(ix)

(x)

Laurel Avenue from Santa Lucia Road to Cenegal Road.

Cenegal Road from Laurel Avenue to the project boundary.

(xi)

(4)

Drainage.

(i)

All drainage improvements shall be constructed in accordance with the City Engineering Department Standard Specifications and Drawings or as directed by the City Engineer.

Utilities.

All relocation and/or alteration of existing utilities shall be the responsibility of the applicant.

(ii)

The applicant shall submit a composite utility plan signed and approved by a representative for each public utility company along with the improvement plans.

(iii)

(iv)

Any utility trenching in existing streets shall be overlayed to restore a smooth riding surface to the satisfaction of the City Engineer.

General.

A mylar copy and a blue line print of as-built improvement plans, signed by the registered engineer who prepared the plans, shall be provided to the City Engineer prior to the final inspection.

(iv)

(v)

(Ord. 286 § 3 Exh. C, 1995; Ord. 409 § 3, 2003; Ord. 580 § 2, 2014)

§ 9-3.657 Establishment of Planned Development Overlay Zone No. 12 (PD12).

(a)

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(c)

(d)

Building setbacks lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development.

(e)

Alterations or additions to established dwelling units shall be subject to the density and development standards of the master plan of development.

(f)

Subsequent amendments to the master plan of development shall be approved by Planning Commission Resolution.

(g)

The commercial center will retain the Commercial Retail zoning district designation. The following allowable uses are proposed for this district within the PD12 overlay zone:

(1)

Artisan Food and Products;

(2)

Bar/Tavern;

(3)

Farmer's Market;

(4)

Food and beverage retail sales;

(5)

General Retail;

(6)

Indoor Recreation Services;

(7)

Microbrewery/Brewpub;

(8)

Tasting Room;

(9)

Winery - Boutique;

(10)

Temporary or seasonal sales;

(11)

Temporary offices;

(12)

Personal services;

(13)

Eating and drinking places;

(14)

Hotels and motels;

(15)

Bed and breakfast; and

(16)

Temporary events.

(h)

The conditionally allowed uses within the Commercial Retail zone shall be limited to the following:

(1)

Amusement services;

(2)

Financial services;

(3)

Indoor recreation services;

(4)

Membership organizations;

(5)

Multi-family dwelling; and

(6)

Offices.

(i)

All residential and open space use shall be consistent with the requirements of the underlying zoning district except as allowed by the master plan of development.

(Ord. 462 § 2, 2004; Ord. 538 § 2, 2009; Ord. 674, 7/9/2024)

§ 9-3.658 Establishment of Planned Development Overlay Zone No. 14: (PD14).

(a)

(b)

(c)

Design of the subdivision and construction of the project shall incorporate mitigation measures set forth in the Final Environmental Impact Report (EIR) prepared by Firma, September 1998.

(d)

(e)

Individual lots created by the tract map approved for the entire site shall not be permitted to be reduced in size by subsequent land division.

(Ord. 357 § 4, Exh. B, 1999)

§ 9-3.660 Establishment of Planned Development Overlay Zone No. 15: (PD15).

(a)

(b)

Development Standards.

(1)

(2)

(3)

City sewer service and water service from the Atascadero Mutual Water Company shall be provided to all residential lots.

(4)

In no case shall a residential lot size be less than one-quarter (1/4) acre, nor exceed a three-to-one (3:1) depth-to-width ratio.

(5)

(i)

A site plan indicating land use, common open space, circulation, lot sizes, slopes, native trees and common landscape features;

(ii)

A statistical summary of the projects land uses and densities;

(iii)

A statement of project features that will provide a public benefit;

(iv)

Any special development standards that will be required of future development;

(v)

Individual building plans and elevations are not required.

(6)

Access. No lot shall take access from Seperado Avenue with exception to Lot 10 and Lot 30 to serve the primary residence. Secondary driveways on Lot 10 and 30 are prohibited.

(Ord. 367 § 2 Exh. A, 1999; Ord. 476 § 2, 2005)

§ 9-3.661 Establishment of Planned Development Overlay Zone No. 16: (PD16).

(a)

(b)

Development Standards.

(1)

(i)

Minimum individual lot sizes shall be at least one acre (gross) for parcels served by on-site septic systems and 1/2 acre (net) for lots served by the City's sewer system.

(2)

Lots shall utilize common access when feasible.

(3)

(4)

All building sites within the planned development shall be located on slopes under 20%.

(5)

(6)

(i)

A site plan indicating land use, open space, circulation, lot sizes, slopes, native trees, building sites and common landscape features;

(ii)

A statistical summary of the project's land uses and densities;

(iii)

A statement of project features that will provide a public benefit;

(iv)

Any special development standards that will be required of future development;

(v)

Individual building plans and elevations are not required.

(Ord. 387 Exh. A, 2002)

§ 9-3.662 Establishment of Planned Development Overlay Zone No. 17: (PD17).

(a)

A Master Plan of Development of the site shall be approved. All construction and development shall be done in conformance with the approved Master Plan of Development.

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development.

(c)

A proposed planned development project shall consist of no fewer than four residential units.

(d)

A parent lot or lots shall have frontage on a public street.

(e)

Each dwelling unit shall be subject to review under the City's Appearance Review Guidelines.

(f)

Building setbacks shall be as follows:

Primary street yard at porch	15 feet
Primary street yard at dwelling	20 feet
Primary street yard at garage	25 feet
Side yards	5 feet
Corner street yard (corner lot)	12 feet
Rear yard	10 feet
Accessory structure side and rear yards	5 feet

Garages shall be recessed from the front of the residence by at least 10 feet.

(1)

(g)

(h)

Two-story residences shall have a second floor that is limited to 75% of the gross area of the first floor inclusive of the garage.

(i)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(j)

Exterior fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units.

(k)

Accessory buildings (sheds, etc.) will be allowed; however, the footprint of such accessory buildings will count toward the maximum percent of allowable building coverage.

(l)

Each proposed lot shall have a minimum frontage of 60 feet measured at the 25 foot setback line. The minimum net lot area shall be 6,400 square feet.

(m)

(n)

All front yards and street facing side yards shall be landscaped.

(o)

Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area.

(p)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(q)

Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines.

(r)

No farm animals may be kept on a lot.

(Ord. 402 § 2, 2002; Ord. 660 § 5, 2022)

§ 9-3.663 Establishment of Planned Development Overlay Zone No. 18: (PD18).

(a)

The master plan of development (CUP 2002-0074) for the site shall be approved. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(c)

Each dwelling unit, landscaping, walls and fencing shall be subject to review under the City's Appearance Review Requirements.

(d)

Building setbacks lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development:

(e)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(f)

(g)

All front yards, street facing side yards, project perimeter, and two-to-one (2:1) slopes exceeding five feet in height shall be landscaped.

(h)

Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area.

(i)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(j)

Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines.

(Ord. 417 § 2, 2003)

§ 9-3.664 Establishment of Planned Development Overlay Zone No. 19: (PD19).

(a)

The master plan of development (CUP 2002-0082) for the site shall be approved. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(c)

Each dwelling unit, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved master plan of development.

(d)

Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development.

(e)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(f)

(g)

All front yards, street facing side yards, project perimeter, common areas, and two-to-one (2:1) slopes exceeding five feet in height shall be landscaped.

(h)

Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area.

(i)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(j)

Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines.

(Ord. 424 § 2, 2003)

§ 9-3.665 Establishment of Planned Development Overlay Zone No. 20: (PD20).

(a)

The master plan of development (CUP 2002-0064) for the site shall be approved. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(c)

Each dwelling unit, landscaping, walls and fencing shall be subject to review under the City's Appearance Review Requirements consistent with the approved master plan of development.

(d)

Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development.

(e)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(f)

(g)

All front yards, street facing side yards, project perimeter, parking and common areas shall be landscaped.

(h)

Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area.

(i)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(j)

Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines.

(Ord. 431 § 2, 2003)

§ 9-3.666 Establishment of Planned Development Overlay Zone No. 21: (PD21).

(a)

Second dwelling units shall not be allowed.

(b)

One of the five lots may be less than the required one acre minimum lot size.

(c)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(Ord. 402 § 2, 2002; Ord. 443 § 2, 2004)

§ 9-3.667 Establishment of Planned Development Overlay Zone No. 22: (PD22).

(a)

The master plan of development (CUP 2004-0128) for the site shall be approved. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(c)

Each dwelling unit, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved master plan of development.

(d)

Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development.

(e)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(f)

(g)

Parking for the commercial/office uses shall be provided at a ratio of one space per 500 square feet.

(h)

All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved.

(i)

Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area.

(j)

Trash for the commercial uses shall be stored within the designated receptacle area and shall include recyclable waste.

(k)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(l)

(m)

(Ord. 455 § 2, 2004)

§ 9-3.668 Establishment of Planned Development Overlay Zone No. 23: (PD23).

(a)

The master plan of development (CUP 2003-0108) for the site shall be approved. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(c)

Each dwelling unit, landscaping, walls, and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved master plan of development.

(d)

Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development and as conditioned.

(e)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(f)

(g)

(h)

All landscaping shown on the approved landscape plan will be installed by the developer and shall be permanently maintained as approved.

(i)

Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area.

(j)

Trash for the commercial uses shall be stored within the designated receptacle area and shall include recyclable waste.

(k)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(l)

(m)

(o)

Allowed uses for the commercial portion of the project fronting West Front shall be as prescribed as follows:

Allowable uses:
(1)	Building materials and hardware (see Section 9-6.165 of this title);
(2)	Food and beverage retail sales;
(3)	Furniture, home furnishings and equipment;
(4)	General merchandise stores;
(5)	Mail order and vending;
(6)	Temporary or seasonal sales (see Section 9-6.174 of this title);
(7)	Financial services;
(8)	Health care services;
(9)	Personal services;
(10)	Light repair services;
(11)	Eating and drinking places;
(12)	Horticultural specialties (see Section 9-6.116 of this title);
(13)	Business support services, where all areas of use are located within a building;
(14)	Hotels and motels;
(15)	Schools (see Section 9-6.125 of this title);
(16)	Temporary events (see Section 9-6.177 of this title).
Conditional uses:
(1)	Amusement services;
(2)	Bar/tavern;
(3)	Eating and drinking places with drive-through facilities;
(4)	Service station (see Section 9-6.164 of this title);
(5)	Public assembly and entertainment;
(6)	Indoor recreation services;
(7)	Animal hospitals (see Section 9-6.110 of this title);
(8)	Food and kindred products (see Section 9-6.128 of this title);
(9)	Indoor auto dealers (new and used) and supplies (see Section 9-6.163 of this title).

(p)

Allowed uses for the business park portion of the project behind the hotel shall be as prescribed as follows:

Allowable uses:
(1)	Broadcast studios;
(2)	Building materials and hardware (see Section 9-6.165 of this title);
(3)	Furniture, home furnishings and equipment;
(4)	General merchandise stores;
(5)	Mail order and vending;
(6)	Temporary or seasonal sales (see Section 9-6.174 of this title);
(7)	Financial services;
(8)	Health care services;
(9)	Offices;
(10)	Small scale manufacturing;
(11)	Temporary offices (see Section 9-6.176 of this title);
(12)	Personal services;
(13)	Light repair services;
(14)	Accessory storage (see Section 9-6.103 of this title);
(15)	Membership organizations;
(16)	Horticultural specialties (see Section 9-6.116 of this title);
(17)	Business support services, where all areas of use are located within a building;
(18)	Social and service organizations;
(19)	Libraries and museums;
(20)	Amusement services;
(21)	Indoor recreation services; and
(22)	Temporary events (see Section 9-6.177 of this title).
Conditionally allowable uses:
(1)	Indoor auto dealers (new and used) and supplies (see Section 9-6.163 of this title).

(Ord. 486 § 2, 2005; Ord. 539 § 2, 2009; Ord. 544 § 2, 2009)

§ 9-3.669 Establishment of Planned Development Overlay Zone No. 24: (PD24).

(a)

All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned.

(b)

(c)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development.

(d)

(e)

All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved.

(f)

(g)

(1)

Residential multifamily (second and third floors only);

(2)

Broadcast studios;

(3)

Building materials and hardware (indoor only);

(4)

Food and beverage retail sales;

(5)

Furniture, home furnishings and equipment (indoor only);

(6)

General merchandise stores;

(7)

Mail order and vending;

(8)

Car-wash;

(9)

Financial services;

(10)

Health care services;

(11)

Offices;

(12)

Personal services;

(13)

Eating and drinking places;

(14)

Business support services, where all areas of use are located within a building;

(15)

Utility service center;

(16)

Temporary events;

(17)

Day care.

(h)

The conditional uses will be consistent with those listed for the underlying commercial retail zone and will require an amendment to the Master Plan of Development.

(i)

All residential and commercial uses shall be consistent with the requirements of the underlying zoning district except as allowed by the Master Plan of Development.

(j)

(k)

All public improvements shall be consistent with proposed improvements that are identified in vesting tentative map Tract 3070, as amended. Frontage improvements for Gusta Road will not be required.

(Ord. 465 § 2, 2004; Ord. 589 § 4, 2015; Ord. 622 § 4, 2019)

§ 9-3.670 Establishment of Planned Development Overlay Zone No. 25: (PD25).

(a)

All site development shall require the approval of a master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

(c)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(d)

All proposed projects shall be no fewer than four residential units and no greater than 12 residential units.

(e)

A parent lot or lots shall have frontage on a public street.

(f)

(1)

Sixteen feet paved width minimum (decorative concrete or pavers) with two foot shoulders of decorative paving (subject to fire department approval);

(2)

Decorative paving continuous throughout the parking court;

(3)

Address marker at the entrance to the court.

Multiple parking courts can be joined providing that each court meets the above standards and that only one court per street access be established.

(g)

(h)

Building setbacks shall be as follows:

Setback from public street frontage	12 feet from right-of-way/back of sidewalk (whichever is greater) when minimum 6-foot landscape parkway is provided
	18 feet from right-of-way/back of sidewalk (whichever is greater) when no parkway is provided
	Porches can encroach up to 3 feet into the required setback
Setback from parking court/interior street	8 feet to porch
	10) feet to front of residence
	10 feet minimum to garage (if one car garage is proposed, the second parking space must be located in the driveway with a minimum length of 20 feet)
	5 feet to side of residence
Setback between buildings	10 feet minimum (unless attached)
Rear yard setback	12 feet minimum

(i)

Porches shall be provided for each unit. Porches shall be a minimum of six feet deep and a functional width.

(j)

Residential units adjacent to a public street shall be oriented to the public street.

(k)

A landscaped yard and/or an open space amenity feature shall be located at the terminus of the parking court/street. No garages or vehicle parking are permitted at the court/street terminus.

(l)

Three hundred square feet of private open space shall be provided for each unit with a minimum dimension of 12 feet.

(m)

Each unit shall include the following:

(1)

Three hundred cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not count toward this requirement);

(2)

Dedicated space for laundry facilities with hookups.

(n)

All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground.

(o)

(p)

(q)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(r)

Trash shall be stored in individual garages or behind fenced areas on individual lots. Dedicated trash storage area shall be a minimum of three feet by six feet paved area.

(s)

A minimum of one common decorative light shall be provided at the end of the parking court.

(t)

Lot coverage shall not exceed 40% of the net lot area.

(u)

A one-car garage (minimum 11 feet by 20 feet) shall be required for attached residential units. A two car garage (minimum 20 feet by 20 feet) shall be required for detached residential units.

(v)

The total number of parking spaces shall be provided as follows:

(1)

Two spaces per unit for units with less than four bedrooms. One additional space for each additional bedroom. All spaces must be located on the individual lot;

(2)

Guest parking provided at a ratio of one space per every three units.[1]

[1]

Guest parking may not be located adjacent to the public street frontage.

(Ord. 469 § 2, 2005)

§ 9-3.671 Establishment of Planned Development Overlay Zone No. 26: (PD26).

(a)

All site development shall require the approval of a master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

(c)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(d)

(e)

Each unit shall include the following:

(1)

Three hundred cubic feet of shelved storage area (bedroom and entry/coat closets shall not count toward this requirement);

(2)

Dedicated space for laundry facilities with hookups.

(f)

All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground.

(g)

(h)

(i)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(j)

Trash shall be stored in individual garages.

(Ord. 480 § 2, 2005)

§ 9-3.672 Establishment of Planned Development Overlay Zone No. 27: (PD27).

(a)

All site development shall require the approval of a master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

(c)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(d)

(e)

Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development.

(f)

All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved.

(g)

All utilities, including electric, telephone and cable, along the frontage of, and within the PD and along the project frontages shall be installed and/or relocated underground.

(h)

(1)

General Retail;

(2)

Temporary or seasonal sales;

Financial services;

Offices;

Temporary offices;

Personal services;

Membership organizations;

(8)

Business support services, where all areas of use are located within a building;

(9)

Libraries and museums;

(10)

Temporary events;

(11)

Tasting room;

(12)

Artisan foods and products;

(13)

Day Care - Small family day care home;

(14)

Research and development;

(15)

Printing and publishing.

(i)

The conditional uses will be as follows:

(1)

Public assembly and entertainment;

(2)

Microbrewery/brewpub;

(3)

Schools—business and vocational;

(4)

Schools.

(j)

No open parking spaces shall be reserved for any commercial or residential tenant with the exception of the tandem spaces.

(k)

(l)

(Ord. 491 § 2, 2006; Ord. 630 § 3, 2019; Ord. 675, 8/13/2024)

§ 9-3.673 Establishment of Planned Development Overlay Zone No. 28: (PD28).

(a)

All site development shall require the approval of a master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

(c)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(d)

All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground.

(e)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(f)

Trash shall be stored in individual garages.

(g)

This project contains a historic colony home. Any future modifications to the exterior of the buildings or the site setting shall follow the Secretary of the Interiors standards.

(Ord. 505 § 2, 2007)

§ 9-3.674 Establishment of Planned Development Overlay Zone No. 29: (PD29).

(a)

All site development shall require the approval of a master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

(c)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(d)

(e)

Any future improvements/rehabilitation of the historic colony home shall be completed in accordance with the secretary of the interior's standards for rehabilitating historic structures.

(f)

Each unit shall include the following:

(1)

Three hundred cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not count toward this requirement.)

(2)

Dedicated space for laundry facilities with hookups.

(g)

All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground.

(h)

Exterior walls or fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units. Fence posts shall be metal or pressure treated wood. Wood preservative/sealer shall be applied to fence panels.

(i)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(j)

Trash shall be stored in individual garages.

(Ord. 516 § 2, 2007)

§ 9-3.675 Establishment of Planned Development Overlay Zone No. 30: (PD30).

(a)

All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

(c)

(d)

All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed underground and/or relocated underground.

(e)

Exterior walls or fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units. Fence posts shall be metal or pressure treated wood. Wood preservative/sealer shall be applied to fence panels.

(f)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(Ord. 513 § 2, 2007)

§ 9-3.676 Establishment of Planned Development Overlay Zone No. 31: (PD31).

(a)

All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned;

(Ord. 521 § 2, 2007)

§ 9-3.677 Establishment of Planned Development Overlay Zone No. 32: (PD32).

(a)

A Master Plan of Development of the site shall be approved (CUP 2004-0126). All construction and development shall be in conformance with the approved Master Plan of Development.

(b)

No subsequent lot splits or lot line adjustments shall be approved unless found to be consistent with the approved Master Plan of Development.

(c)

All lots shall front on a public street.

(d)

Architectural elevations shall be consistent with approved elevations as shown in the approved Master Plan of Development (CUP 2004-0126).

(e)

Building setbacks shall be consistent with the approved Master Plan of Development (CUP 2004-0126):

Primary street yard at porch (measured from back of sidewalk)	10 feet
Primary street yard at dwelling (measured from back of sidewalk)	20 feet
Primary street yard at garage (measured from back of sidewalk)	25 feet
Side yards (measured from property line)	5 feet
Corner lot street yard (measured from back of sidewalk)	5 feet
Rear yard (measured from property line)	5 feet
Rear yard adjacent to existing lots greater than a one-half (½) gross acre (Lots 1, 2, 3, 6, 7)	12 feet

(f)

Garages placement shall be consistent with the approved master plan of development (CUP 2004-0126).

(g)

(h)

Two-story residential additions are permitted; however, the additions shall be reviewed by the Design Review Committee or referred to a separate committee as directed by the Planning Director.

(i)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(j)

Exterior fencing shall be consistent with the approved master plan of development landscaping plan (CUP 2004-0126).

(k)

(l)

Each proposed lot shall have a minimum frontage of 50 feet measured at the front setback line. The minimum net lot area shall be 6,000 square feet.

(m)

(n)

All front yards and street facing side yards shall be landscaped with drought tolerant landscaping consistent with the State of California drought tolerant landscaping guidelines.

(o)

(p)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(q)

Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines.

(r)

No farm animals may be kept on a lot.

(s)

(t)

All identified roadway improvements shall be completed as shown in the Master Plan of Development (CUP 2004-0126).

(u)

(v)

(Ord. 594 § 2, 2016; Ord. 660 § 5, 2022)

§ 9-3.678 Establishment of Planned Development Overlay Zone No. 33: (PD33).

(a)

Project Area Development Standards. The following development standards shall be applicable to the entire project area as identified in Figure 1.

Figure 1: Development Diagram

(1)

Lots of less than one acre net shall be required to hook up to City sewer.

(2)

All utilities, including electric, telephone and cable, along the frontage of, and within the PD and along the project frontages shall be installed and/or relocated underground.

(3)

All residential uses shall be consistent with the requirements of the underlying zoning district except as allowed by a Master Plan of Development.

(4)

Any future tree removal shall require approval of the Planning Commission. Exceptions for single-family uses will not be considered exempt within the Planned Development Overlay Zone.

(5)

(6)

(7)

All newly constructed residential units shall be subject to inclusionary housing fee payment totaling 5% of the building valuation for any primary residential unit.

All lighting shall be designed to eliminate any off-site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent off-site light spillage and glare.

(12)

APCD construction level mitigation measures for fugitive dust and construction emissions shall be required for any site development.

(b)

The Groves Development—RSF-X Parcels (APNs 045-401-003, and 004). The following development standards shall be applicable to The Groves Development parcels, identified in Figure 1.

(1)

A clustered subdivision may be permitted with an overall maximum density of two du/ac.

(2)

All clustered site development shall require the approval of a master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned.

(3)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development.

(4)

(5)

(6)

Larger parcels shall abut Santa Barbara Road to provide a buffer to the existing rural residential area, maximize tree retention, and minimize grading on heavily sloped areas.

(7)

A cul-de-sac connection to the neighboring parcels (APNs 045-401-014, 013), as shown on Figure 1, shall be provided through The Groves Development site.

(8)

On-street parking shall be provided for all streets serving lots of one-half (½) acre or less.

(9)

All shared facilities shall be maintained by the development through an HOA or other City approved maintenance mechanism.

(c)

The Neighboring Parcels—RSF-Y Parcels (APNs 045-401-014, 013, 010, 009, 018, and 017). The following development standards shall apply to future development within the planned development boundary.

(1)

A cluster subdivision may be permitted on any portion or portions of the site area providing overall density does not exceed one du/ac.

(2)

All clustered site development shall require the approval of a master plan of development. All construction and development shall conform to the approved Master Plan of Development, as conditioned.

(3)

Architectural site design and individual lot development for non-clustered developments shall be completed by staff and/or a designee of the Community Development Director.

(4)

(5)

All shared facilities shall be maintained by the development through an HOA or other City approved maintenance mechanism.

(6)

On-street parking shall be required for roads serving lots of one-half (½) acre or less.

(Ord. 595 § 2, 2016)

§ 9-3.679 Establishment of Planned Development Overlay Zone No. 34: (PD34).

(a)

(b)

No subsequent lot splits or lot line adjustments shall be approved unless found to be consistent with the approved Master Plan of Development.

(c)

(d)

All lots shall front on a public street or dedicated right-of-way.

(e)

Architectural elevations shall be consistent with approved elevations as shown in the approved Master Plan of Development.

(f)

Building setbacks shall be consistent with the approved Master Plan of Development:

Primary street yard garages (measured from the back of sidewalk)	25 feet
Primary street yard covered porches/decks (measured from back of sidewalk)	3 feet
Primary street yard residential units (measured from back of sidewalk)	15 feet
Primary street yard (Lot 31, Senior Apartments, measured from property line)	10 feet
Side yards (measured from property line)	0 feet
Side yard (Lot 31, Senior Apartments)	15 feet
Corner street yard (measured from back of sidewalk)	15 feet
Corner street covered porch/deck (measured from back of sidewalk)	3 feet
Rear yard (measured from property line)	5 feet

(g)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(h)

Maximum height of residential structure(s) on lot 31 shall be 44 feet. All other residential unit heights shall be consistent with heights contained in the Atascadero Municipal Code.

(i)

Exterior fencing and walls design, and location, shall be consistent with the approved Master Plan of Development landscaping plan. "Dog-eared" type fencing is prohibited throughout the development.

(j)

(k)

The minimum lot area shall be 2,350 square feet for lots containing residential units. No minimum lot size for lots containing common open spaces or utilities within the subdivision.

(l)

Parking for resident vehicles shall be provided within the provided garage on lots containing garages. The driveway area may be used to satisfy the parking requirements.

(m)

All front yards and street facing side yards shall be landscaped with drought tolerant landscaping consistent with the State of California drought tolerant landscaping guidelines.

(n)

(o)

(p)

Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines.

(q)

No farm animals may be kept on a lot.

(r)

All identified roadway improvements shall be completed as shown in the Master Plan of Development.

(s)

(t)

No additional units shall be approved within the development without amending the Master Plan of Development. Density must be consistent with the underlying zoning ordinance.

(Ord. 611 § 2, 2017; Ord. 660 § 5, 2022)

§ 9-3.680 Establishment of Planned Development Overlay Zone No. 35: (PD35).

(a)

All site development or significant modifications, beyond ADA or code required changes, to the site or exterior changes of any building shall require Design Review Committee review.

(b)

The following uses are allowed within the PD-35 overlay zone:

(1)

Churches and related activities;

(2)

Indoor recreation services;

(3)

Libraries and museums;

(4)

Public assembly and entertainment;

(5)

Parks and playgrounds;

Temporary events;

Utility facilities;

Government offices;

Temporary offices;

Residential care: 6 residents or less;

(11)

Child care center;

(12)

Adult day care facility;

(13)

Parking lots;

(14)

Broadcast studios.

(c)

The following uses are conditionally allowed within the PD-35 overlay zone:

(1)

Schools;

(2)

Single family dwelling;

(3)

Schools – Business and vocational;

(4)

Membership organizations;

(5)

Social service organizations;

(6)

Utility infrastructure;

(7)

Telecommunications facilities.

(Ord. 625 § 5, 2019)

§ 9-3.681 Establishment of Planned Development Overlay Zone No. 36: (PD36).

(a)

All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved master plan of development, as conditioned.

(b)

(c)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development.

(d)

A parent lot or lots shall have frontage on a public street.

(e)

Access off of the public street shall be designed as a parking court with a maximum length of less than 150 feet and shall include the following elements:

(1)

Decorative paving continuous throughout the parking court;

(2)

Address marker at the entrance to the court.

(f)

(g)

Building setbacks shall be as follows:

Setback from public street frontage	15 feet from right-of-way/back of sidewalk (whichever is greater) Porches can encroach up to 3 feet into the required setback
Setback from parking court/interior street	8 feet to porch 10 feet to front of residence 10 feet minimum to garage (if one car garage is proposed, the second parking space must be located in the driveway with a minimum length of 20 feet) 5 feet to side of residence
Setback between buildings	10 feet minimum
Rear yard setback	12 feet minimum

(h)

Porches shall be provided for each unit. Porches shall be a minimum of six feet deep and a functional width.

(i)

Residential units adjacent to a public street shall be oriented to the public street.

(j)

Each unit shall include the following:

(1)

Three hundred cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not count toward this requirement);

(2)

Dedicated space for laundry facilities with hookups.

(k)

All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground.

(l)

(m)

(n)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(o)

Trash shall be stored in individual garages or behind fenced areas on individual lots. Dedicated trash storage area shall be a minimum of three feet by six feet paved area.

(p)

The total number of parking spaces shall be provided as follows:

(1)

Two spaces per unit for units with less than four bedrooms. One additional space for each additional bedroom. All spaces must be located on the individual lot

(2)

Guest parking provided at a ratio of one space per every three units. Guest parking may not be located adjacent to the public street frontage.

(Ord. 634 § 4, 2020)

§ 9-3.682 Establishment of Planned Development Overlay No. 37: (PD37).

(a)

(b)

The following uses are allowed within the PD-37 overlay zone on the ground floor:

1.	Artisan Foods and Products
2.	Bar/Tavern
3.	Eating and Drinking Places
4.	General Retail* (with additional parameters—see below)
5.	Microbrewery—Brewpub
6.	Tasting Room
7.	Winery—Boutique
8.	Open space areas for passive outdoor use including walking, gathering, public entertainment, seating, and related, dedicated for use to the public

Note:
*	Minimum operating hours (open to the public) shall be 4 days per week, 6 hours per day, and open until at least 7PM.

(c)

The following uses are allowed within the PD-37 overlay zone above the ground floor:

(1)

All uses as allowed on ground floor list;

(2)

Business support services;

(3)

Live/work unit;

(4)

Lodging/hotel/motel/vacation rental;

(5)

Multifamily dwelling;

(6)

Personal services;

(7)

Offices.

(d)

Property Development Standards.

Site and Building Design.

Building Coverage. No limit. Each successive floor shall reduce interior floor space by 10% to enhance building articulation and reduce building massing.

(8)

Stormwater. No above ground stormwater retention may be allowed on site in excess of 400 square feet over the entire Planned Development.

(9)

(10)

(Ord. 655 § 4, 2022)

§ 9-3.683 Establishment of Planned Development Overlay Zone No. 38: (PD38).

(a)

General Requirements.

(1)

All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground.

(2)

All lighting shall be fully shielded, directional, and dark sky compliant unless specifically exempted below.

(3)

All mitigation measures listed in the Mitigation Monitoring Program shall be adhered to for the life of the project.

(b)

Commercial Development.

(1)

A Master Plan of Development must be established for the commercial development area and all development shall be consistent with the approved Master Plan of Development.

(2)

All building mounted and parking lot lighting shall be dark sky compliant and designed to reduce off-site glare. All lighting shall be directed downward. The following exceptions shall be permitted:

(i)

Festoon lighting shall be permitted within the commercial plaza and hotel inner courtyard.

(ii)

Lower level up-lighting is permitted within the commercial plaza and inner hotel courtyard to highlight architectural building features.

(iii)

Low level bollard lighting is permitted adjacent to pedestrian paths.

(3)

All building signage shall comply with the following:

(i)

All wall signs shall be externally or halo lit.

(ii)

No cabinet signs shall be permitted.

(iii)

Each business shall be allowed a wall sign over the entry in addition to a parking lot facing sign if the tenant space is adjacent to the parking area.

(iv)

Projecting signage shall be permitted as well as an extruded metal sign on the metal canopy(ies).

(v)

Window graphics shall be permitted per the Atascadero Municipal Code.

(vi)

(vii)

The hotel shall be allowed the following:

(4)

All parking lot trees shall be maintained in a manner which allows the trees to reach their natural height and width. No growth inhibitors shall be permitted.

(5)

(6)

All uses shall comply with the listed uses for the CPK Zone, with the following modifications:

(i)

The following uses shall be allowed by right:

Bar/tavern;

Hotels, motels.

(ii)

The following uses shall be allowed with the approval of a conditional use permit:

Social and service organizations.

(iii)

The following uses shall not be permitted:

Accessory storage;

Auto dealers (new and used) and supplies;

Auto repair and services;

Bed and breakfast;

Building materials and hardware w/ outdoor storage areas;

Collection stations;

Drive-through sales or services;

Farm equipment and supplies with outdoor storage areas;

Financial services and banks;

Fuel dealer;

Health care services;

Horticultural specialties;

Laundries and dry-cleaning plants;

Medical extended care services;

Mini-storage;

Retail sales—estricted;

Sales lots;

Small family day care;

Transit stations;

Vehicle and equipment storage.

(c)

Multifamily Development.

(1)

All multifamily buildings shall include consistent materials and building styles. Color variations are permitted.

(2)

All materials and finishes shall be consistent with the approved entitlement design package.

(3)

All windows shall be non-sliders. No wide vinyl casings or stiles shall be permitted.

(d)

Single-Family Parcels.

(1)

No subsequent tentative parcel or tract map shall be approved within the single-family development area. Urban subdivisions shall not be permitted.

(2)

Second units shall be permitted consistent with the City's standards for single-family parcels.

(3)

No urban dwelling units shall be permitted.

(4)

Maximum height shall be 30 feet.

(5)

(6)

Building setbacks shall be as follows:

Primary front at porch	9 feet
Primary front at dwelling – first story	15 feet
Primary front at dwelling – second story	20 feet
Primary front at garage/required on-site parking	20 feet
Secondary street setback (corner lot)	10 feet
Interior side	5 feet
Rear yard first story	10 feet
Rear yard at second story	5 feet greater than the first story
Accessory structure side and rear yards	5 feet

(i)

Garages shall be recessed from the front of the residence by at least 10 feet.

(ii)

Architectural projections shall be allowed per the Atascadero Municipal Code.

(7)

(8)

Two-story residences shall have a second floor that is limited to 75% of the gross area of the first floor inclusive of the garage.

Dormers;

Gable roof form;

Recessed entries (at least three feet);

(iv)

Covered porch entries with a minimum projection of six feet;

(v)

Cupolas or towers;

(vi)

Pillars or posts;

(vii)

Eaves (minimum 12 inch projection);

(viii)

Off-sets in building face (minimum 16 inches);

(ix)

Window trim;

(x)

Bay or oriel windows;

(xi)

Balconies;

(xii)

A minimum of two decorative patterns on exterior finishes (e.g., scales/shingles, wainscoting, board and batten, and similar features); and

(xiii)

Decorative cornices and roof lines (e.g., for flat roofs).

(10)

All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties.

(11)

(12)

(13)

Laundry hook-ups shall be provided in each unit.

(14)

All front yards and street facing side yards shall be landscaped.

(15)

Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area.

(16)

Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines.

(17)

No farm animals may be kept on a lot.

(e)

Cottage Hotel Development.

(1)

A Master Plan of Development shall be approved prior to development of the site. All site development shall be consistent with the approved Master Plan.

(2)

A 10 foot landscape buffer shall be provided between all public and private road rights-of-way and the units.

(3)

A minimum five foot setback shall be maintained between the units and the side property line shared with the adjacent commercial property.

(Ord. 664 § 5, 2023)

§ 9-3.690 Establishment of Specific Plan Zone No. 1: (SP-1).

(a)

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Woodlands Specific Plan.

(c)

(d)

Building setbacks lot sizes, landscape area, and lot coverage shall be as identified within the approved Woodlands Specific Plan.

(e)

(f)

The specific plan shall be adopted and amended by City Council resolution.

(Ord. 429 § 2, 2003)

§ 9-3.691 Establishment of Specific Plan Zone No. 2: (SP-2).

(a)

(b)

No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Del Rio Road Commercial Area Specific Plan.

(c)

(d)

Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved Del Rio Road Commercial Area Specific Plan.

(e)

Modifications and changes to the project shall be processed consistent with the Del Rio Road Commercial Area Specific Plan requirements.

(f)

The Del Rio Road Commercial Area Specific Plan document shall be adopted and amended by City Council Ordinance.

(g)

The specific plan master plan of development for the Del Rio Road Commercial Area Specific Plan shall be adopted and amended by City Council resolution.

(Ord. 560 § 2, 2012)

§ 9-3.801 Purpose.

(Ord. 570 § 1, 2013; Ord. 671, 6/25/2024)

§ 9-3.802 Applicability.

(a)

(b)

(c)

Excluded development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under California Government Code Section 65915.

The housing development is proposed on any parcel(s) on which the dwelling units are occupied by lower- or very low-income households; or

(4)

(Ord. 570 § 1, 2013; Ord. 671, 6/25/2024)

§ 9-3.803 Density increase and other incentives.

(a)

(b)

(c)

(Ord. 570 § 1, 2013; Ord. 671, 6/25/2024)

§ 9-3.804 Physical constraints and parking waivers.

The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

(4)

The waiver or reduction of the development standard would be contrary to State or Federal law.

(b)

(c)

(Ord. 570 § 1, 2013; Ord. 671, 6/25/2024)

§ 9-3.805 Retention of density bonus units.

(Ord. 570 § 1, 2013; Ord. 671, 6/25/2024)

§ 9-3.806 Application procedure for density increase or other incentives.

(a)

(1)

A brief description of the proposed housing development;

(2)

(3)

The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;

(4)

The total number of units to be made affordable to or reserved for sale, or rental to, very low-, low- or moderate-income households, or senior citizens, or other qualifying residents;

(5)

The zoning, general plan designations, and assessor's parcel number(s) of the project site;

(6)

A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout;

(7)

The proposed method of ensuring the continued availability of the density bonus units; and

(8)

Within zones that rely on a form-based code, a base density study that identifies the density feasible on the site without incentives, concessions or density bonuses;

(9)

A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.

(b)

(Ord. 570 § 1, 2013; Ord. 671, 6/25/2024)