Atascadero City Zoning Code
CHAPTER 6
SPECIAL USES
§ 9-6.101 Accessory uses.
The standards in the following sections apply to storage which is accessory to a principal use and other accessory uses such as home occupations, caretaker dwellings, and agricultural residences. The special standards for accessory uses are organized into the following sections:
9-6.102 Establishment of an accessory use.
9-6.103 Accessory storage.
9-6.104 Caretaker residence.
9-6.105 Home occupations.
9-6.106 Residential accessory uses.
9-6.107 Residential uses in the Agriculture Zone.
(Ord. 68 § 9-6.101, 1983)
§ 9-6.102 Establishment of an accessory use.
With the exception of dwellings in the Agriculture Zone an accessory use shall not be established unless a principal use has first been established on the site in accordance with all applicable provisions of this title. Construction of a detached accessory building shall not be commenced until construction of the main building has progressed to completion of its foundation.
(Ord. 68 § 9-6.102, 1983)
§ 9-6.103 Accessory storage.
Where the principal building or use on a site is some use other than storage, and storage accessory to that use is also located on the site, the accessory storage is subject to the following standards (see also Section 9-6.140). A zoning approval is not required to establish accessory storage except when subsections (b) and (g) of this section requires such approval for a specific type of storage.
(a)
Outdoor accessory storage is limited to 10% of the floor area of the principal building.
(1)
Any size modification for outdoor accessory storage over 10% of principal floor area will require a conditional use permit.
(b)
Building Materials and Equipment. Building materials and equipment being used in a construction project on the same or adjacent site may be stored on or adjacent to the construction site as long as a valid building permit is in effect for construction on the premises. Building materials and equipment include stockpiles of construction materials, tools, equipment, and building component assembly operations. When storage is proposed on a lot adjacent to the construction site, the application for the project is to also describe the storage site. Temporary storage of construction materials on a site not adjacent to the construction is subject to Section 9-6.175.
(c)
Commercial Vehicles. This subsection applies to the accessory storage of vehicles used for shipping and/or the delivery of freight and products in support of a business or used for other commercial activity, when such vehicles are larger than a standard passenger car, pickup truck or van. Storage means parking a commercial vehicle longer than for a single weeknight, weekend or holiday. The storage of vehicles as a principal use is subject to the standards of Section 9-6.183.
(1)
Commercial vehicles are to be stored in an enclosed building unless otherwise allowed by the provisions of this code.
(2)
The storage of agricultural vehicles in the A Zone is unrestricted.
(3)
Commercial vehicles may be allowed in residential zones where the resident of the premises can show that:
(i)
The site is of sufficient size to allow parking of the vehicle in the buildable area of the site;
(ii)
The number of such vehicles is limited to a maximum of one;
(iii)
The vehicle can be maintained on the site in a manner which will not be disturbing to nearby residents as a result of unsightly appearance, excessive noise, or operation between 9:00 p.m. and 7:00 a.m.;
(iv)
The vehicle due to its size, length or weight will not damage streets leading to the site beyond normal levels and will not create traffic safety problems due to maneuvering necessary to enter and exit the site; and
(v)
There are no other suitable locations available to store the vehicle.
(d)
Inoperative Vehicles. The storage or keeping of inoperative vehicles is subject to the following. Nothing in this title shall be construed as preventing the abatement of an inoperative vehicle which is found to be a nuisance:
(1)
Vehicles Under Commercial Repair. The repair of vehicles is allowed only in commercial or industrial zones as provided by Chapter 9-3, except for repair of a personal vehicle by the vehicle owner on a site owned or rented by the vehicle owner. The storage of inoperative vehicles in a commercial or industrial zone for the purposes of repair, alteration, painting, impoundment or temporary storage by a towing service is subject to Section 9-6.168.
(2)
Wrecked and Abandoned Vehicle Dismantling or Storage. Any area used for the dismantling of inoperative vehicles or for the storage of wrecked or abandoned vehicles not being dismantled or repaired is subject to Section 9-6.131.
(3)
Automobiles Stored in Residential Areas. The storage of inoperative vehicles in a residential zone is limited to one vehicle when stored outdoors. Such storage may be located only where it is within the buildable area of the site. Inoperative vehicles may be abated as set forth in Chapter 9-8. Storage of such vehicles within an approved accessory building (Section 9-6.106) is not subject to limitation on the number of vehicles.
(e)
Accessory Storage of Flammable and Combustible Liquids. The accessory storage of flammable and combustible liquids is subject to the following standards:
(1)
Limitations on Quantity. The quantity of flammable or combustible liquids stored on a site shall be limited as follows:
(i)
Residential Zones. Ten gallons, unless authorized through precise plan approval. Excluded from this requirement is the storage of flammable liquids in the fuel tanks of self-propelled vehicles, mobile power or heat generators or similar equipment and the storage of paints, oils, varnishes or combustible mixtures when such liquids are stored for maintenance, painting, or similar purposes. The storage of propane or other fuels which provide energy to heat a residence is also excluded from this limitation, when such storage is in tanks directly connected to the residence for consumption or when the quantity is limited to a reasonable reserve for personal use which is stored in an approved manner.
(ii)
Agricultural, Commercial and Industrial Zones. Storage shall be limited to the following quantities on any single building site, unless greater quantities are authorized through conditional use permit approval:
Type of Storage | ||
|---|---|---|
Type of Liquid | Above Ground | Underground |
Combustible | 1,000 gallons | Unlimited |
Flammable | 1,000 gallons | 20,000 gallons |
(2)
Setbacks. Aboveground storage facilities for flammable or combustible liquids shall be set back a minimum of 50 feet from any property line and from any residential use on the same property.
(3)
Additional Standards.
(i)
All storage of bulk flammable liquids shall be underground; except as specified by subsection (e)(1)(i) of this section; except where a refining or similar industrial use has been allowed in the CPK, IP or I Zone; and except, where an automobile service station or other approved vendor of flammable liquids stores such liquids for sale in approved quantities and containers.
(ii)
All aboveground storage of flammable and combustible liquids shall be within types of containers approved by the Fire Department.
(iii)
Access, circulation and emergency fire equipment requirements of the Fire Department shall be provided or installed within 30 days where such need has been identified and posted by the Fire Department.
(f)
Recreational Vehicles in Residential Zones. The storage of recreational vehicles or dependent trailers or RV equipment (camper shells, etc.), airplanes, and boats is permitted as an accessory use in the RSF, LSF, RMF, RS, or A Zones as follows (the storage of recreational vehicles in other zones is subject to Section 9-6.183; the storage of mobile homes is subject to Section 9-6.142(c)):
(g)
Scrap and Junk. The outdoor storage of scrap, junk and miscellaneous articles and materials accessory to another use is limited to a maximum area of 200 square feet, with a maximum height of five feet except that the outdoor storage of scrap, junk, and miscellaneous articles and materials accessory to another use may be allowed up to 1,000 square feet when completely screened from neighboring properties and from the public right-of-way. Such storage shall be located only where it is within the buildable area of the lot. The storage of scrap and junk as a principal use is subject to the standards of Section 9-6.131.
(h)
Cargo Containers. Cargo containers (also referred to as "seatrains" or shipping containers) are defined as a prefabricated metal structure designed for use as an enclosed truck trailer in accordance with Department of Transportation (DOT) standards. This does not include architecturally modified cargo containers used as a building material. The use of cargo containers for accessory storage purposes is permitted based on the following standards:
(1)
Use of Cargo Containers.
(i)
Cargo containers shall be utilized for accessory storage only. Occupancy shall be limited to a U Occupancy consistent with the California Building Code (CBC) or its successor title.
(ii)
Cargo containers shall not be used for permanent or temporary human occupancies, including, but not limited to, living, sleeping, or other residential uses.
(2)
Number of Cargo Containers Permitted.
(i)
One cargo container may be permitted on a commercial, industrial or single-family residential lot over one gross acre in size, subject to Design Review Committee (DRC) review for neighborhood compatibility and approval of a building permit.
(ii)
Two or more cargo containers may be permitted with a minor conditional use permit (CUP) on a commercial, industrial, or single-family residential lot over one gross acre in size, subject to Planning Commission review for neighborhood compatibility and approval of a building permit.
(3)
Standards for Cargo Containers.
(i)
Building Permit. A building permit is required for cargo containers over 120 square feet in size. A cargo container which is 120 square feet or less, is exempt from building permit requirements provided it meets property line and structure setbacks required by this title and does not have any utility connections.
(ii)
Setbacks. Cargo containers shall be located in the rear half of the property in commercial, industrial and residential zones. Cargo containers shall not be permitted within the primary, secondary, or corner street setback of a residential property. Setbacks shall be consistent with underlying zone setback requirements and is consistent with the preceding subsections (1) and (2).
(iii)
Foundation. Cargo containers shall be anchored on a foundation system capable of withstanding all imposed vertical and horizontal loads and consistent with all applicable codes. Any alterations to the container shall be designed and detailed by a licensed design professional. All foundations and alterations shall be approved by the Chief Building Official.
(iv)
The cargo container may not occupy any required parking areas or obstruct any Fire Department access ways.
(4)
Exemptions.
(i)
Use of cargo containers for temporary on-site storage associated with a construction project is exempt from this section (refer to subsection (b)).
(ii)
Use of cargo containers for temporary commercial storage may be allowed with the approval of an administrative use permit for a period not to exceed four months.
(Ord. 68 § 9-6.103, 1983; Ord. 578 § 1, 2013; Ord. 635 § 5, 2020; Ord. 646 § 11, 2021; Ord. 660 § 5, 2022)
§ 9-6.104 Caretaker residence.
One permanent accessory dwelling is permitted for purposes of housing a caretaker where allowed by Chapter 9-3 on the site of certain commercial or industrial zones, subject to the following standards (a caretaker residence in the A Zone is subject to Section 9-6.107):
(a)
Supplementary Statement. The application shall include a statement with explanation of the need for caretaker quarters and the responsibilities of the caretaker/resident.
(b)
Status of Caretaker. The resident of the dwelling shall be the owner or lessor, or an employee of the owner or lessor of the site.
(c)
Type of Use Requiring a Caretaker. The principal use of the site must require a caretaker for security purposes, or for care of people, plants, animals, equipment, or other conditions on the site, or for needed housing for the owner or operator of a business.
(d)
Allowable Location for a Caretaker Dwelling. In CN, CP, CT, CR, CS, LS, and L Zones, such dwelling shall be located on the second floor, or to the rear of a principal building. In the CPK, IP, and I Zones, such dwelling may be located in accordance with the needs of the applicant. In all zoning districts, a caretaker residence is to be located on the same lot of record or contiguous ownership as the use requiring a caretaker.
(e)
Type of Dwelling Unit Allowed. Caretaker residences shall be a standard site-built home, a modular home, or an apartment-type unit if the caretaker residence is to be integral with a principal structure.
(f)
Parking Requirement. None, provided sufficient usable area is available to accommodate all resident vehicles on site.
(Ord. 68 § 9-6.104, 1983)
§ 9-6.105 Home occupations.
An accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods or services is subject to the standards of this section.
(a)
Appearance, Visibility and Location. The standards of this section determine what physical changes may occur in a dwelling unit to accommodate a home occupation and where on a residential site a home occupation may be conducted.
(1)
Changes to the Dwelling. The home occupation is not to change the residential character of the outside appearance of the building, either:
(i)
By the use of colors, materials, lighting, signs or by the construction of accessory structures or garages visible from off-site and not of similar character as the residence; or
(ii)
By the emission of noise, glare, flashing lights, vibrations or odors not commonly experienced in residential areas.
(2)
Display of Products. The display of home occupation products for sale, in a manner visible from the public street or adjoining properties, is prohibited.
(3)
Outdoor Activities. On sites of less than one acre, the use shall be conducted entirely within a principal or accessory structure except instructional activities that may be performed outdoors. Outdoor storage of materials related to the home occupation is allowed only on parcels one acre or larger (except as otherwise provided by Section 9-6.103), where such storage is to be screened from view of any street or adjacent property.
(4)
Use of Garage or Accessory Structure. The use of a garage or accessory structure is allowed subject to Section 9-6.106, except that the conduct of the home occupation shall not preclude the use of the garage for vehicle parking unless any required replacement parking can be accommodated on site.
(b)
Area Devoted to a Home Occupation. The home occupation shall be incidental and subordinate to the principal use of the site as a residence.
(c)
Employees. No person other than members of the household residing on the premises may be employed and working on the site, except that employees, including independent contractors, partners, and similar employee-type relationships, may be permitted through administrative use permit approval (refer to Section 9-1.112) as follows:
(1)
The number of employees shall be unlimited, if the following criteria can be complied with:
(2)
A maximum of two employees, if the following criteria can be complied with:
(i)
No additional client vehicles are generated to the premises as a result of the increased number of employees.
(ii)
The function of the employees in working on the site is to provide direct service to the employer rather than to the clients of the business.
(iii)
It is necessary for the operation of the business to have the employees working at the site of the home occupation.
(iv)
Any additional vehicles, equipment, or outside storage can be maintained on the site in compliance with subsection (a) of this section.
(v)
The allowance of employees will not have any adverse effect on the surrounding residential area.
(d)
Hours of Operation. Hours of operation are unrestricted except that home occupations which generate sounds audible from off site shall be limited to the hours from 7:00 a.m. to 7:00 p.m., provided that such home occupation complies with the standards of Chapter 9-14.
(e)
Limits on the Kinds of Home Occupations Allowable. Subject to all of the standards of this section, allowable home occupations consist of:
(1)
Office-type personal or business services (including personal instruction such as music lessons or contracting services not involving on-site storage of materials or equipment) that do not involve the presence of more than one client vehicle at any one time;
(2)
Handcraft or artwork production, including, but not limited to, pottery and ceramics, artistic glass or metalwork, electronic components, woodcarving and woodworking (except for mass-production operations such as cabinet shops), antique furniture restoration, painting and photography, except when such use involves on-site use of equipment requiring more than standard household electrical current at 110 or 220 volts or that produces noise (refer to Chapter 9-14), dust, odor or vibration detrimental to occupants of adjoining dwellings;
(3)
The personal sale of cosmetics, personal or household products (except appliances), or other goods or products; when such sales occur on the premises of the purchaser, provided that wholesale sales may occur pursuant to subsection (f) of this section, or occur off the premises in some other approved location; and
(4)
Small-scale agricultural accessory uses and horticultural specialties.
(f)
Sale of Products. On-site retail sales of the products of a home occupation are prohibited, except:
(g)
Signing. One identification sign with a maximum area of two square feet may be erected pursuant to Chapter 9-15. A commercial vehicle carrying any sign identifying the home occupation and parked on or adjacent to the residential site visible from the public street is included in determining the maximum allowable area of on-site fixed signs.
(h)
Parking and Traffic. Traffic generated by a home occupation is not to exceed the volume normally expected for a residence in a residential neighborhood. All parking needs of the home occupation are to be met off the street. For purposes of this section, normal residential traffic volume means up to 10 trips per day. This subsection does not apply to garage or handcraft sales pursuant to subsection (f)(1) of this section.
(i)
Oversized/Heavy Equipment Storage. Storage of oversized equipment is limited to one item that may be stored on site. Heavy equipment includes, but is not limited to self-propelled, self-powered or pull-type equipment and machinery, weighing 5,000 pounds or more, primarily employed for construction, industrial, and forestry uses (e.g., water tender, backhoe, miniexcavator, and SWECO tractor). Any on-site storage of heavy equipment associated with a home occupation may only be approved if the following condition are met:
§ 9-6.106 Residential accessory uses.
The standards of this section apply to the specific types of residential accessory uses and structures as listed. Standards for agricultural accessory structures are subject to Section 9-6.109. Agricultural accessory structures for the keeping of animals are subject to Section 9-6.112.
(a)
Swimming Pools. Swimming pools, including hot tubs, spas, and related equipment, may be located within any required side or rear setback, provided that they are no closer than 18 inches to a property line (additional setbacks may be required by the adopted building code), and provided that they are fenced as required by Section 9-4.128.
(b)
Detached Accessory Structures. Any detached accessory structure intended for residential accessory uses and accessory storage.
(1)
Limits on Use. An accessory structure may be constructed or used solely for noncommercial hobbies or amusements; for maintenance of the principal structure or yards; for artistic endeavors such as painting, photography or sculpture; for maintenance or mechanical work on vehicles owned or operated by the occupants; for an approved home occupation; or for other similar purposes.
(2)
Floor Area. The maximum gross floor area of a detached accessory structure is not to exceed 100% of the gross floor area of the principal structure, up to 2,000 square feet, whichever is less.
(3)
Appearance and Design. An accessory structure that exceeds 50% of the gross floor area of the principal structure shall adhere to the following criteria:
(i)
Accessory structure shall not be located between the primary structure and the public roadway, unless no purpose of the location limitation is served based on the size, topography, or unique situation of the property;
(ii)
Accessory structure shall be compatible with the pattern of development in the neighborhood (there are similar structures on adjacent properties, and properties are of a size, nature and topography so as to not create a significant aesthetic impact);
(iii)
Accessory structure is compatible or complementary with the architectural style of the primary structure;
(iv)
The accessory structure is located on a conforming lot or a lot that is one acre (net) or greater;
(v)
The accessory structure can be built to avoid substantial grading and the removal of significant native trees;
(vi)
The accessory structure does not block sunlight for adjacent properties, alter site distance for roads or driveways, nor substantially alter the visual quality of the property;
(vii)
The accessory structure shall be located no closer than 10 feet to the side property line as measured from the nearest roof eave; and
(viii)
The accessory structure shall be located no closer than 40 feet to the nearest residential dwelling on an adjacent property.
(4)
Exceptions. The following exceptions shall apply to the size and/or design criteria limitations:
(i)
The size of an accessory structure may be increased above the size limitations with an approval of an Administrative Use Permit.
(ii)
If a structure cannot meet the design criteria for an accessory structure exceeding 50% of the gross floor area of the primary structure, exceptions may be granted through the approval of an Administrative Use Permit.
(5)
Residential accessory structures 120 square feet or less are exempt from requiring a permit if the structure is incidental to the primary use and meets the following requirements:
(i)
The structure does not create a nuisance;
(ii)
The use of the structure is permitted under its zoning;
(iii)
The structure meets the property's rear and side yard minimum setback requirement of three feet if the structure is less than 12 feet in height;
(iv)
If the structure is more than 12 feet in height, standard setback shall be required regardless of exemption;
(v)
The accessory structure is located outside of the required front yard setback;
(vi)
A minimum five foot setback is required between structures. If structures are abutting, the aggregate area of the buildings shall be considered one building and shall require a building permit; and
(vii)
Hoop Structures/Greenhouses. Limited to two per residential property. Additional structures may be approved with DRC approval.
(6)
Offices/Art Studio. Offices or art studios are defined as any type of residential occupancy construction (R) with no kitchens, no overnight stays, cooking facilities and/or no bathing facilities (one water closet is permitted). Studios shall be limited to 450 square feet. Studios greater than 450 square feet shall be considered accessory or urban dwelling units. Deed restrictions shall be required for any proposed office or art studio with plumbing limiting the use of the studio.
(7)
Number of Structures. The number of nonexempt accessory structures requiring a building permit shall be limited to three structures.
(c)
Mini-bike, motorcycle, dirt bike or similar two or more wheel motor vehicle riding is allowed subject to the following limitations:
(d)
Exceptions to Accessory Structure Standards.
(1)
Notwithstanding section 9-6.106(b)(4), detached accessory structures that deviate from requirements are subject to the approval of a minor conditional use permit.
(2)
Minor Use Permit Required: A minor use permit shall be required for the following:
(e)
Agricultural Accessory Uses. This subsection applies to small-scale agricultural uses that are incidental to a primary use in Residential Zoning Districts.
(1)
Hobby crop production and processing. Incidental crop production and small-scale processing is permitted subordinate to the residential use of the property. Any accessory structures used for this purpose must comply with accessory structure standards of this section.
(Ord. 68 § 9-6.106, 1983; Ord. 412 § 3, 2003; Ord. 449 § 1, 2004; Ord. 454 § 3, 2004; Ord. 552 § 2, 2010; Ord. 614 § 4, 2017; Ord. 635 § 5, 2020; Ord. 646 § 11, 2021; Ord. 660 § 5, 2022; Ord. 670, 3/12/2024)
§ 9-6.107 Residential uses in the Agriculture Zone.
Dwelling units in the A Zone, including primary family and farm support quarters, are allowed as accessory uses to agricultural uses on the same site subject to the standards of this section.
(a)
Primary Family Housing. Land in the A Zone may be used for a property owner residence and one additional residence for immediate family of the property owner, as follows:
(1)
Special Requirements.
(i)
Immediate Family Quarters. A secondary dwelling is allowed unit for use by the immediate family of the property owner, subject also to the provisions of subsection (a)(3) of this section. The permit application shall include identification of the immediate family members which are to occupy the dwelling, which may include only grandparents, parents, children, grandchildren, sisters and brothers of the property owner or spouse of the property owner.
(ii)
Multiple Dwellings. In cases where more than one single-family dwelling and one immediate family dwelling is proposed on a contiguous ownership of one or more lots of record, all additional units shall be subject to the provisions of subsection (b) of this section.
(2)
Density. Residences in the Agriculture Zone are allowable at a ratio of one primary family and one immediate family unit for each legally-created lot of record, except where additional residences satisfy all provisions of subsection (b) of this section.
(3)
Immediate Family Quarters: Special Standards.
(i)
An approval permit for immediate family quarters shall be granted for a period of three years. The Planning Department shall extend the permit for additional periods of three years where the applicant demonstrates the occupancy of the dwelling remains immediate family.
(ii)
An immediate family dwelling shall be removed from the site at such time as it is no longer occupied by the immediate family of the property owner.
(b)
Farm Support Quarters. Includes farm or ranch housing for farm help or a caretaker customarily employed on land in the same ownership as the housing. Farm support quarters are allowable only when the housing is in direct support of existing or proposed agricultural production activities on lands owned or leased by the farm housing owner, subject to the following standards:
(1)
Supplementary Statement. The application shall include explanation and documentation of the need for farm support quarters. The existing or proposed agricultural activities to be supported by the proposed farm support quarters must be described, as well as the number of employees necessary to conduct the agricultural operations.
(2)
Criteria for Approval. The applicant shall demonstrate that the number of employees for which housing is proposed is necessary to support the existing and proposed agricultural activity. The demonstrations of necessity may be in the form of documentation of the number of employees previously used by the property owner in the agricultural operation or by citing examples of employees used by other agricultural operations of similar size and products.
(3)
Status of Residents. Occupancy of farm support quarters is limited to the full-time employees and the spouse and children of full-time employees of agricultural or ranching operations conducted by the owners of the farm support housing, or lessor of the housing owner's acreage. Farm support quarters shall not be rented or leased to individuals other than farm help and their families.
(4)
Density. The maximum allowable density of farm support quarters is one unit for each two and one-half (2½) acres.
(5)
Sale of Farm Support Quarters. The site of farm support quarters shall not be separated from contiguous property in the same ownership by sale or land division unless a conditional use permit has been first approved, with the Planning Commission making the findings in subdivisions (i) and (ii) of this subsection, in addition to the required findings for a conditional use permit:
(i)
The proposed reduction of the total acreage of the ownership will not affect its continuing use as a productive agricultural unit; and
(ii)
The proposed reduction of the ownership size will not encourage population increases in the surrounding area incompatible with continuing agricultural operations.
(6)
Group Quarters. The use of group quarters facilities such as bunkhouses, mess halls and the like for farm support quarters is allowable in the A Zone.
(7)
Parking Requirements. No improved parking is required, provided sufficient usable area is available to accommodate all resident vehicles on-site.
(Ord. 68 § 9-6.107, 1983)
§ 9-6.108 Agricultural uses: Specialized.
Specialized agricultural uses other than crop production are subject to the provisions of the following sections:
9-6.109 Agricultural accessory buildings.
9-6.110 Animal hospitals.
9-6.111 Kennels.
9-6.112 Farm animal raising.
9-6.113 Interim agricultural uses.
9-6.115 Livestock specialties.
9-6.116 Horticultural specialties.
9-6.117 Agricultural produce stands.
(Ord. 68 § 9-6.108, 1983; Ord. 614 § 4, 2017)
§ 9-6.109 Agricultural accessory buildings.
§ 9-6.110 Animal hospitals.
Animal husbandry facilities, including animal and veterinary hospitals, are subject to the following standards:
(a)
Building Setbacks. Any building used to treat or board animals shall comply with the following additional setbacks. Any other buildings shall comply with the setbacks established for the particular zoning district in which the use is located.
(1)
A and RS Zone. Setbacks shall be the same as for agricultural accessory buildings (Section 9-6.109) provided that the front setback may be reduced to 25 feet and the rear setback may be reduced to 10 feet, if there are no door or window openings along the common property line with the adjacent residential use.
(2)
Commercial Zones. None.
(b)
Outside Animal Enclosures. Any outside animal enclosures which are accessory to animal husbandry facilities shall have a 100 foot setback from adjacent property for any enclosures used for boarding of large animals and shall have a 25 foot setback for any outside areas used for short-term treatment activity. Boarding of small animals in outside enclosures shall not be permitted.
(d)
Access. Shall be from a paved road.
(e)
Operation. The premises shall be continuously maintained in a clean and sanitary condition by daily removal of waste and by the use of spray and disinfectants to prevent the accumulation of flies, the spread of disease or offensive odor. Incineration is not permitted.
(Ord. 68 § 9-6.110, 1983; Ord. 614 § 4, 2017)
§ 9-6.111 Kennels.
Kennels providing overnight or longer term boarding for dogs, cats and similar household pets are subject to the following standards:
(c)
Outside Animal Enclosures. Outside animal enclosures shall not be used for overnight boarding. All animals shall be contained in pens or runs and not be allowed to run free on a site. Any outside enclosures shall be located a minimum of 25 feet from all adjacent property lines and shall be designed to comply with subsection (d) of this section.
(e)
Operation. The premises shall be continuously maintained in a clean and sanitary condition by daily removal of waste and by the use of spray and disinfectants to prevent the accumulation of flies or offensive odors.
(Ord. 68 § 9-6.111, 1983)
§ 9-6.112 Farm animal raising.
The raising or keeping of farm animals incidental to a residential use is allowed subject to the standards of this section, provided that these standards do not apply to domesticated household pets such as cats and dogs, which are governed under Section 4-1.119.
(a)
Minimum Site Area. The minimum site area of a parcel used for farm animal raising shall be as specified in this subsection, unless a smaller site area is allowed as set forth in subsection (h) of this section. Adjacent parcels may be used to achieve the minimum site area by administrative use permit approval (Section 9-1.112) provided that there is a written agreement with the owner of the adjacent parcel(s); that said adjacent property is accessible for use by the animals for corrals, pens, pasturing or similar activity; that said adjacent property is not necessary to comply with minimum site area or animal density requirements for animals on its own site; and that any such adjustment shall only be valid for the duration of the agreement.
(b)
Setbacks. All buildings used to house farm animals including livestock and poultry buildings, barns, stables, lofts, coops, and similar accessory structures are subject to the setback requirements of Section 9-6.109. All other animal enclosures including corrals, pens, feed areas, paddocks, uncovered stables and similar enclosures are subject to the setback requirements of this subsection. The occasional grazing of domestic animals in these setbacks is allowed provided that the pasture area is adequately fenced or that the grazing animal is securely restrained. Setbacks shall be measured from the nearest building used for residential purposes on adjacent property. Animals may be maintained at lesser setbacks when they were established prior to the residence on the adjacent property provided that the animals are continuously in compliance with subsection (c) of this section. If the animals are not so maintained, they may be required to comply with these setbacks.
(c)
Maintenance. All buildings housing domestic animals, all animal enclosures, and all pasture areas shall be maintained free from litter, garbage, and the accumulation of manure. Premises shall be maintained in a neat and sanitary manner. If farm animals are not maintained in compliance with these standards, or are otherwise allowed to become a nuisance, the Planning Department shall initiate enforcement proceedings as provided by Chapter 9-8.
(d)
Special Requirements. The keeping of specific domestic animals is subject to the special standards in this subsection in addition to other standards set forth in this section.
(1)
Equines. None.
(2)
Bovines. None.
(3)
Swine. The maximum number of swine allowed on any parcel is three sows and one boar regardless of animal equivalency units.
(4)
Ovine. None.
(5)
Poultry. The maximum number of poultry allowed on any parcel is 40 regardless of animal equivalency units.
(6)
Rabbits. All rabbits shall be contained in coops or pens and not be allowed to run free on a site. The maximum number of rabbits allowed on any parcel is 40 regardless of animal equivalency units.
(7)
Turkeys. All turkeys shall be contained in coops or pens and not be allowed to run free on a site. The maximum number of turkeys allowed on any parcel is eight regardless of animal equivalency units.
(8)
Birds. None.
(e)
Establishment of Animal Equivalency Units. Animal equivalency units are established in this subsection in order to define relationships among domestic animals of various sizes for use in determining allowable animal density.
(f)
Allowable Animal Density. The maximum allowable animal density for a site is established by this subsection, unless a larger number is allowed as set forth in subsection (h) of this section.
(1)
A Zone. No density limitations.
(2)
RS Zone. Three animal equivalency units per acre, provided that, for the first two acres, no more than one large animal shall be allowed for each full 1/2 acre.
(3)
RSF Zone. Two animal equivalency units per acre, provided that no more than one large animal shall be allowed for each full 1/2 acre.
(g)
Method of Calculating Animal Density. The method of calculating animal density is established by this subsection. The lot size (in gross acres) is multiplied by the allowable animal density (in animal equivalency units per acre) for the particular zoning district. The product is the maximum number of animal equivalency units allowed on the site. As an example, a 1.9 acre parcel in the RS Zone would allow 5.7 animal equivalency units which can be rounded off to six as provided by Section 9-1.109(b)(4). This would allow two equivalency units for large animals and four equivalency units for small animals.
(1)
Birds. Birds shall not be restricted as to density and shall not affect the allowable animal density on a parcel.
(2)
Fraction of an Equivalency Unit. Since rounding off to whole numbers is provided for (Section 9-1.109), there will be no fractional equivalency units. Small animal equivalency units may not be divided between the various small animal subcategories. For example, 10 rabbits does not equal 1/2 animal equivalency units and 10 rabbits and 10 poultry do not add together as one animal equivalency unit.
(3)
Unweaned Offsprings. Unweaned offsprings are permitted and shall not affect the allowable animal density on a parcel.
(h)
Modification of Certain Standards. The minimum site area and allowable animal density standards set forth in this section may be adjusted subject to compliance with the criteria set forth in this section, except that these standards may also be modified through conditional use permit approval (refer to Section 9-2.110) if these criteria cannot be satisfied. The setback, maintenance and special requirements standards may not be modified by conditional use permit.
(1)
Youth Projects. An adjustment not to exceed one additional animal equivalency unit per acre or an adjustment to reduce the minimum site area by no more than 25% may be granted for a youth project sponsored by a recognized organization, subject to the following criteria:
(i)
The project is for a limited duration with a known termination date at which time the project animal will be removed from the site and the site brought into conformance with all applicable standards; and
(ii)
There is an adult project supervisor who has reviewed and approved, in writing, the project and who can take corrective action if necessary regarding the project; and
(iii)
All other standards of the section including setbacks, maintenance and special standards applicable to the project are and will be continuously satisfied; and
(iv)
The site otherwise conforms to the standards set forth in the section; and
(v)
All animals maintained on the site are owned by the residents of the premises; and
(vi)
The youth involved in the project has demonstrated in prior adjustments, if applicable, the responsibility to maintain the project in a satisfactory manner.
(2)
Small-Scale Breeding. An adjustment not to exceed one animal equivalency unit for each of the first two acres and two animal equivalency units for each remaining acre may be granted for small-scale breeding for commercial purposes which does not exceed the special standards of subsection (d) of this section, subject to the following criteria:
(i)
Other Animals. Domestic animals not specified in this section shall be reviewed by the Planning Director and shall be placed in the category which the animals most closely resemble.
(j)
The grazing of animals is permitted when an individual property adheres to the density regulations of this section and may occur regardless of establishment of a primary use.
(Ord. 68 § 9-6.112, 1983; Ord. 614 § 4, 2017; Ord. 620 § 4, 2019; Ord. 646 § 11, 2021)
§ 9-6.113 Interim agricultural uses. (Reserved)
(Ord. 68 § 9-6.113, 1983; Ord. 646 § 11, 2021)
§ 9-6.115 Livestock specialties.
(a)
Chicken Ranches. The keeping of more than 40 chickens or other poultry is subject to the following:
(Ord. 68 § 9-6.115, 1983)
§ 9-6.116 Horticultural specialties.
§ 9-6.117 Agricultural produce stands.
These standards apply to the retail sale of agricultural products except hay, grain and feed, in open structures constructed for agricultural product merchandising. Temporary or seasonal sales are also subject to Section 9-6.174.
(a)
Limitation on Use.
(1)
Residential Zones. Where stands are permitted, all products sold must be grown on the site of the stand, on adjacent contiguous parcels, or on other agricultural parcels in the City owned or leased by the owner of the site on which the stand is located. Permanent roadside stands are not allowed.
(2)
A Zone. At least 50% of all products for sale must be grown on the site of the stand, on adjacent contiguous parcels, or on other agricultural parcels in the City owned or leased by the owner of the site on which the stand is located.
(3)
Temporary Stands. A temporary roadside stand is a facility where retail sales are conducted for a period less than 60 days. A temporary stand maintained for a period greater than 60 days which is in a vacant or unused condition for a period exceeding 14 days is to be entirely removed from the site or shall be authorized as a permanent stand. It may be reestablished at any time pursuant to this section. Reestablishment of a temporary stand previously authorized does not require a new permit in an A Zone, provided that all structures and parking areas are exactly as originally approved, and a building permit is obtained if required by the building and construction ordinance (Title 8 of this Code).
(b)
Location. A roadside stand in a residential zone is to be located on a collector or arterial, at least 200 feet from any residence other than that of the applicant.
(c)
Sales Area. To be limited to 500 square feet.
(d)
Setbacks.
(1)
Temporary Stand. None required, except when parking is proposed in front of a stand, setbacks are to be adequate to assure safe parking for at least three vehicles in front of or nearby the stand, outside the public road right-of-way.
(e)
Parking. Temporary stands are to provide three off-street spaces. Permanent stands are to provide five spaces, located in off-street area accessed by a driveway a minimum of 18 feet wide. The parking area for a permanent stand is to be surfaced with crushed rock or better.
(Ord. 68 § 9-6.117, 1983; Ord. 614 § 4, 2017)
§ 9-6.118 Cultural, education and recreation uses.
Any use identified by zoning district requirements shall be subject to the provisions of the following sections:
9-6.121 Churches and related activities.
9-6.123 Outdoor recreation services.
9-6.124 Rural sports and group facilities.
9-6.125 Schools and preschools.
(Ord. 68 § 9-6.118, 1983)
§ 9-6.121 Churches and related activities.
Religious meeting facilities are subject to the following standards:
(a)
Location. Church facilities shall be located on a collector or arterial.
(b)
Limitation on Use. When located in an RS, RSF or LSF Zone, related activities may be limited to a Sunday school, an accessory residence, and small meeting rooms. Schools, gyms and facilities other than the sanctuary designed for large gatherings may be prohibited.
(Ord. 68 § 9-6.121, 1983; Ord. 169 § 2, Exh. C, 1988; Ord. 552 § 2, 2010)
§ 9-6.123 Outdoor recreation services.
Commercial or public outdoor athletic facilities, amusement parks and public parks are subject to the provisions of this section.
(a)
Amusement Parks. Outdoor commercial recreation and entertainment facilities including but not limited to theme parks, permanent carnival-type rides, miniature golf, skateboard parks, go-cart and miniature auto tracks are subject to the following:
(1)
Location. On a collector or arterial; not closer than 1,000 feet to a residential zone.
(2)
Minimum Site Area. One acre.
(3)
Site Design Standards.
(i)
Setbacks. All amusement park facilities are to be set back a minimum of 25 feet from street frontage property lines and 10 feet from all interior lot lines.
(ii)
Landscaping. Twenty-five percent of an amusement park is to be landscaped including all required setbacks which are to be provided with screening plant materials.
(iii)
Fencing. Amusement park sites are to be enclosed by a six foot high fence.
(b)
Outdoor Athletic Facilities. The standards of this subsection apply to commercial, public or membership participant athletic facilities operated as a principal use. These standards do not affect swimming pools, tennis courts or similar facilities when accessory to an individual residence or group of residences and not open to the public or when accessory to a school.
(1)
Setbacks. The following setbacks apply to all athletic facilities approved under this section:
Minimum Setback From All Property Lines (in feet) | ||
|---|---|---|
Facility | Unlit | With Night Lighting |
Baseball diamond | 50 | 100 |
Basketball court | 50 | 100 |
Game courts for less than 10 participants (e.g., horse-shoes) | 25 | 50 |
Golf course fairways | 25 | 50 |
Golf course greens | 25 | 50 |
Handball courts | 50 | 100 |
Picnic areas: | ||
Unimproved | 25 | 50 |
Tables and cooking | 50 | 100 |
Swimming pools | 50 | 100 |
Tennis courts | 50 | 100 |
Volleyball courts | 50 | 100 |
(Ord. 68 § 9-6.123, 1983)
§ 9-6.124 Rural sports and group facilities.
(a)
Camping. Organizational group camps sponsored by a church, youth group, corporation or other organization, or camping which is seasonal and incidental to an agricultural use are subject to the following provisions. Commercial campgrounds as principal uses are subject to Section 9-6.180:
(1)
Setbacks. All camping facilities and activities are to occur no closer than 300 feet from any property line or public road.
(2)
Parking. No improved parking is required for incidental camping and organizational camps provided that sufficient usable area is available to accommodate all user vehicles entirely onsite.
(3)
Access. All-weather access is to be provided to the site.
(4)
Allowed Facilities. Camps established pursuant to this section may include the following facilities in addition to tent camping areas, based on the type of camp:
(i)
Organizational Camps. Cabins, meeting hall, swimming pool, permanent restroom facilities, accessory and storage buildings;
(ii)
Incidental Camping. Water supply and portable restrooms only. Incidental camping uses may also include spaces for a maximum of 10 self-contained recreational vehicles, without utility hookup facilities.
(5)
Sanitation. Restroom facilities are to be provided as required by the Health Department.
(6)
Required Findings—Incidental Camping. A conditional use permit for incidental camping is to be approved only where the Planning Commission first finds that:
(b)
Equestrian Facilities. Establishments engaged in the boarding of horses, riding schools and academies, and related uses including stables and exhibition facilities are subject to the following:
(1)
Permit Requirements. Conditional use permit approval required when any equestrian establishment is proposed to include permanent spectator facilities which would require a building permit, for horse shows or other competitive events.
(2)
Minimum Site Area. Ten acres in the A Zone, five acres in the RS Zone, two and one-half (2½) acres in the L and LS Zone.
(4)
Parking Requirements. No improved parking is required, provided that sufficient usable area is made available to accommodate all employee and user vehicles entirely on-site, unless other requirements are set through conditional use permit approval.
(Ord. 68 § 9-6.124, 1983)
§ 9-6.125 Schools, preschools, and child day care facilities.
The provisions of this section apply to preschools and public and private schools providing instruction for preschool through twelfth grade children; business and vocational schools; and to preschools and other facilities including individual homes where day-care services are provided to more than six children.
(a)
Elementary and High Schools.
(1)
Location. No closer than 1,000 feet to CS, CPK, IP and I Zones or 500 feet from a CR Zone.
(2)
Parking. Off-street parking is to be provided at a ratio of two spaces for each classroom, and one space for 100 square feet of administrative or clerical office space. Except that where Section 9-4.114 would require more spaces for an on-site auditorium, stadium, gymnasium or other public or sports assembly facility, the larger number of spaces is to be provided.
(b)
Business and Vocational Schools.
(1)
Limitation on Use. Business and vocational schools are allowed in the IP Zones only when the curriculum offered is primarily in subjects relating to industry and/or manufacturing.
(c)
Preschools and Child Day Care. The following standards apply in addition to the state licensing requirements in Title 22 of the California Administrative Code.
(1)
Minimum Site Area — Preschools and Child Care Centers. Six thousand square feet where a facility is to accommodate 15 or more children.
(2)
Site Design Standards.
(i)
Fencing. All outdoor play areas are to be enclosed with fencing a minimum of four feet high: provided that such fencing is to be solid and a minimum of six feet in height on any property line abutting a residential use on an adjoining lot.
(ii)
Parking and Loading Requirement. For facilities with six or less children, no requirement other than that normally required for a residence; for facilities with seven to 14 children, one space per employee, two guest spaces, and an off-street drop-off area that can accommodate at least two cars must be provided in addition to the parking normally required for the residence; to be established through conditional use permit approval for facilities with more than 14 children.
(Ord. 68 § 9-6.125, 1983; Ord. 670, 3/12/2024)
§ 9-6.126 Industrial uses.
Industrial uses or activities are subject to the provisions of the following sections:
9-6.128 Food and kindred products.
9-6.129 Fuel dealers.
9-6.130 Collection stations.
9-6.131 Storage, recycling and dismantling of vehicles and materials.
9-6.132 Recycling centers.
(Ord. 68 § 9-6.126, 1983)
§ 9-6.128 Food and kindred products.
The following standards apply to food and kindred product uses:
(a)
Limitation on Use.
(1)
A Zone. Food and kindred products uses allowable in the A Zone are limited to the processing of raw materials grown on the site of the processing facility or on adjacent parcels.
(2)
Commercial Zones. Food and kindred products uses allowable in the CR or CS Zones are limited to bakeries, ice cream and candy shops.
(Ord. 68 § 9-6.128, 1983)
§ 9-6.129 Fuel dealers.
(a)
Parking Requirement. One space per 1,000 square feet of use area.
(b)
Fuel Dealer Standards.
(1)
Location. For aboveground fuel tank storage, no closer than 500 feet to a residential zone. No location limitation for establishments using underground storage only.
(2)
Site Design. Where storage yards or outdoor activity areas are proposed, they are subject to the provisions of Section 9-6.140.
(3)
Setbacks. All aboveground fuel storage facilities are to be no closer than 50 feet to any property line.
(Ord. 68 § 9-6.129, 1983)
§ 9-6.130 Collection stations.
(a)
Site Access. Access to a collection station is to be from a collector or arterial.
(b)
Setbacks. None required, provided that no collection station is to be located within 100 feet of an intersection.
(c)
Parking Requirement.
(1)
Outside Urban Services Line. A collection station shall be located to allow a user vehicle to pull entirely off the street pavement while using the facility, and sufficient area shall be provided to accommodate two automobiles at the same time.
(2)
Inside Urban Services Line. No parking is required, unless on-street parking is unavailable at the site, in which case at least two off-street spaces are to be provided.
(d)
Design Standards. A collection station is to be designed as follows:
(1)
Containers. Portable containers are to be used, placed within a stationary wood framework, solid fence or bin to prevent the containers from being overturned.
(2)
Container Enclosure. To be equipped with a lid to prevent access to stored materials by animals or vermin, and to preclude stored paper from being scattered by wind.
(3)
Maximum Area. A collection station is to be no larger than 200 square feet.
(4)
Signing. All collection stations are to be provided instructional signing indicating how materials are to be separated, and stating any limitations on the types of materials accepted for recycling.
(e)
Maintenance. All collection stations are to be maintained in a clean and sanitary condition, with no material stored or discarded outside the container enclosure. All collection stations are to be emptied at intervals sufficient to preclude containers from being filled, but in no case are containers to be emptied less than once every seven days.
(Ord. 68 § 9-6.130, 1983)
§ 9-6.131 Storage, recycling and dismantling of vehicles and materials.
§ 9-6.132 Recycling centers.
§ 9-6.133 Medical and social care facilities.
Personal care services are subject to the provisions of the following sections:
9-6.134 Skilled nursing and personal care.
9-6.135 Residential care facilities.
(Ord. 68 § 9-6.133, 1983)
§ 9-6.134 Skilled nursing and personal care.
Board and care homes for residents, where no medical care is provided, are subject to all applicable standards for multiple-family dwellings.
(a)
Minimum Site Area. Twenty thousand square feet.
(Ord. 68 § 9-6.134, 1983)
§ 9-6.135 Residential care facilities.
(a)
Minimum Site Area. Ten thousand square feet is the minimum site area for more than six boarders.
(b)
Fencing. Any play areas for children are to be fenced to prevent uncontrolled access to and from the site.
(c)
Parking. Nonmedical facilities shall meet multifamily parking standards. For facilities with medical care, parking is to be provided as set forth in Section 9-6.134(b).
(Ord. 68 § 9-6.135, 1983; Ord. 670, 3/12/2024)
§ 9-6.137 Outdoor commercial uses.
Sales and storage activities that are primarily of an outdoor nature are subject to the provisions of the following sections:
9-4.139 Sales lots and swap meets.
9-6.140 Storage yards.
(Ord. 68 § 9-6.137, 1983)
§ 9-6.139 Sales lots and swap meets.
Outdoor sales lots and swap meets are subject to the provisions of this section. Wrecking yards are subject to Section 9-6.131 (Recycling and scrap).
(a)
Sales Lots. May be conducted as a principal use (as in the case of a recreational vehicle lot), or as an accessory use (such as a sales yard in conjunction with a building materials store), subject to the following:
(1)
Site Design Standards.
(i)
Displays. To be limited to street frontages only. All other property lines are to be screened as set forth in subsection (a)(1)(iii) of this section.
(ii)
Landscaping. A 10 foot wide landscaping strip is to be provided adjacent to all street property lines, consisting of ground covering vegetation, which may be maintained at a height less than three feet, and trees. This is in addition to any landscaping required by Section 9-4.124 (Landscaping).
(iii)
Screening. All interior property lines are to be screened with a six foot high solid wall or fence that provides similar screening effect.
(iv)
Office Facilities. When no buildings exist or are proposed on a sales yard site, one commercial coach may be utilized for an office, provided that such vehicle is equipped with skirting and landscaping, and installed pursuant to the permit requirements of Title 8 of this Code (the building and construction ordinance).
(v)
Site Surfacing. A sales lot is to be surfaced with concrete or A.C. paving in the CS zone. In the CPK, IP and I zones crushed rock, or other materials maintained in a dust-free condition may be allowed. All vehicle drive areas and customer parking areas are to be paved with concrete, asphalt or crushed rock.
(vi)
Minimum Lot Size. The minimum lot size for sales lots for any type of vehicle shall be one acre. Smaller lots may be allowed by the Planning Commission for other outdoor sales lot uses.
(vii)
Street Frontage Fencing. Fencing along street frontages shall be limited to decorative wrought iron or wood rail fencing not to exceed three feet in height and located three feet behind the sidewalk in the landscape planter. Chain link fencing not permitted.
(b)
Swap Meets. May be conducted only as a temporary use on the site of another use established pursuant to this title provided that such site is also in conformity with the standards of this section. Swap meets are distinguished from temporary or seasonal sales since they occur on a regular and periodic basis, generally at least one time a month or more frequently.
(1)
Location. On an arterial, or on a collector which extends between two other collectors or arterials, provided that a swap meet is not to be located on a site that abuts a residential zone.
(2)
Limitation on Use. The sale of vehicles is not permitted. Any sales of food items are subject to Health Department approval.
(3)
Site Design Standards.
(i)
Parking Requirement. As determined by the Planning Commission.
(ii)
Restrooms. Public restrooms are to be provided at a swap meet as required by the Health Department.
(iii)
Site Surfacing. Portions of a swap meet site used for sales activities, or pedestrian circulation are to be surfaced with concrete, asphalt, or planted with maintained lawn. Vehicle access and parking areas are to be surfaced in accordance with Section 9-4.114. All site areas not otherwise used for buildings or vehicle circulation are to be landscaped.
(4)
Operation. Swap meets are to be held during the daylight hours, on no more than two days out of every seven days. This standard may be modified by the Planning Commission through conditional use permit approval where it is found that the proposed site will be provided with adequate permanent parking and restroom facilities and that the surrounding area can sustain traffic volumes generated by a swap meet without adverse effects in the area.
(Ord. 68 § 9-6.139, 1983; Ord. 364 § 2, Exh. C, 1999)
§ 9-6.140 Storage yards.
Outdoor storage yards, excluding the storage of vehicles in a day use parking lot or garage, are subject to the provisions of this section. The storage of vehicles in a public or commercial parking lot or garage is subject to Section 9-4.114; the storage of wrecked, abandoned or vehicles being dismantled, is subject to Section 9-6.131, in addition to this section.
(a)
Site Design Standards.
(1)
Access. There shall be only one access point to a storage yard for each 300 feet of street frontage. Such access point is to be a maximum width of 20 feet and shall be provided with a solid gate or door.
(2)
Screening. A storage yard, except a temporary offsite construction yard, is to be screened from public view on all sides by solid wood, painted metal or masonry fencing, with a minimum height of six feet. All required screening shall be continuously maintained in good condition to assure that its intended purpose is accomplished. This requirement may be waived through administrative use permit approval (Section 9-1.112), when:
(3)
Parking Requirement. None, provided that sufficient usable area is available to accommodate all employee and user parking needs entirely on site.
(4)
Site Surfacing. A storage yard shall be surfaced with concrete, asphalt paving, crushed rock, or other all weather surfaces as approved by the City and be maintained in a dust-free condition.
(b)
Operation. Except for vehicles or freestanding equipment, materials within a storage yard are not to be stacked or stored higher than six feet, unless screening requirements have been waived or modified pursuant to subsection (a)(2)(ii) of this section, or unless a higher wall or fence is constructed at the required setback line under an approved building permit.
(Ord. 68 § 9-6.140, 1983; Ord. 552 § 2, 2010; Ord. 614 § 4, 2017; Ord. 635 § 5, 2020)
§ 9-6.141 Residential uses.
Special residential uses are subject to the standards in the following sections:
9-6.142 Individual mobilehomes.
9-6.143 Mobilehome parks.
(Ord. 68 § 9-6.141, 1983)
§ 9-6.142 Manufactured homes.
When used for permanent residential occupancy, manufactured homes are subject to the standards of this section, in addition to Title 8 of this code (Building). Manufactured homes used as temporary offices or dwellings are subject to Section 9-6.172 et seq. Manufactured homes in sales lots are subject to Section 9-6.139.
(b)
Manufactured Home Standards.
(1)
If a manufactured home is considered a mobilehome, the structure shall be certified under the National Mobilehome Construction and Safety Standards Act of 1974.
(2)
The manufactured home shall be placed on an approved permanent foundation system. An approved foundation system shall include any foundation system approved by the State Department of Housing and Community Development or any foundation designed by an engineer or architect in compliance with applicable provisions of the adopted Building Code.
(3)
At the time of permit application, the Planning Director shall review the architectural features and treatment of the proposed manufactured home with similar features on existing dwelling within the area. The decision of the Planning Director may be appealed to the Planning Commission and the decision of the Planning Commission may be appealed to the City Council, as set forth in Section 9-1.111.
(4)
Manufactured homes shall have a minimum width of 15 feet. Manufactured homes with widths less than 15 feet may be permitted with approval by the Design Review Committee.
(5)
Utility connections including water, sewer, gas and electric shall be made permanent in the same manner as conventional housing. Utility shutoff valves shall be accessible and shall not be located under or behind siding or skirting of a manufactured home.
(6)
No additions or other structural modifications shall be made to the structure without prior approval from the State Department of Housing and the City.
(7)
An application shall include all information necessary to comply with State of California regulations, as well as other permit information and fees established by the City for its processing of an application.
(c)
Storage. Unoccupied manufactured homes that are not fixed to a foundation or a prepared permanent site are to be stored only in a sales lot, a storage yard, or in a mobilehome park.
(Ord. 68 § 9-6.142, 1983; Ord. 552 § 2, 2010)
§ 9-6.143 Mobilehome parks.
Mobilehome parks are subject to the regulations of Title 25 of the California Administrative Code, in addition to this section and other applicable standards of this title.
(a)
Minimum Site Area and Density. A site proposed for a mobilehome park shall be a minimum of one acre. Mobilehome park density shall be the same density as is allowable for other residential dwellings in the particular zoning district.
(b)
Access. A collector, arterial or freeway frontage road, except that a mobilehome park with less than 40 units may be located on a local road not more than 500 feet from a collector or arterial.
(c)
Site Design Standards.
(1)
Required Yards.
(i)
Individual Mobilehome Sites. To be provided with a 10 foot front yard between the mobilehome and the edge of an internal park street, measured from the center point of the mobilehome wall to the edge of the interior park street; and five foot side and rear setbacks, except that a carport or unenclosed patio may extend to one foot of the side lot line. "Zero" lot line side standards may be allowed provided the overall setback between units is no less than 10 feet.
(ii)
Separation Between Structures. No mobilehome may be located closer than 10 feet to another mobilehome or structure.
(2)
Coverage. A maximum of 75% of the mobilehome park site may be covered by mobilehomes, structures, and paving for vehicle use.
(3)
Landscaping. Areas not occupied by mobilehomes, other structures, or paving, or unpaved fenced storage areas are to be landscaped.
(4)
Parking. The mobilehome park is to be provided with parking spaces as follows:
(i)
Individual Mobilehomes. A minimum of two off-street parking spaces are to be located on each mobilehome site. Such spaces may be arranged in tandem and may extend into the required front yard.
(5)
Utilities. All on-site utilities are to be installed underground.
(6)
Screening Fencing.
(i)
Fencing Required. The perimeter of a mobilehome park (with the exception of the park entrance street frontage) and any recreational vehicle storage areas are to be enclosed with solid wood or masonry fencing, or other alternative screening approved by the Planning Commission, a minimum of six feet in height.
(ii)
Location of Fencing. Park perimeter fencing is to be located at the setback line on street frontages where required, and on the property line elsewhere.
(iii)
Adjustment. An adjustment to this standard may be authorized by the Planning Commission to reduce or eliminate the fencing requirement where topography, existing vegetation intended to remain, or other conditions would make screening unnecessary or ineffective.
(7)
Skirting. Each mobilehome is to be equipped with skirting, or provided with a support pad which is recessed to give the appearance of the mobilehome located on-grade.
(Ord. 68 § 9-6.143, 1983)
§ 9-6.147 Resource extraction.
This section sets special standards for resource extraction activities including oil, gas and geothermal wells, surface mining and reclamation, and underground mining. These standards are organized as follows:
9-6.148 Resource extraction wells.
9-6.149 Drilling permit requirements.
9-6.150 Development standards for resource extraction wells.
9-6.151 Surface mining and reclamation.
9-6.152 Surface mining practices.
9-6.153 Permit requirements for surface mining.
9-6.154 Reclamation plan.
9-6.155 Guarantee of reclamation required.
9-6.156 Public records.
9-6.157 Periodic review.
9-6.158 Nuisance abatement.
9-6.159 Underground mining.
9-6.160 Permit requirements.
9-6.161 Surface operations.
(Ord. 68 § 9-6.147, 1983)
§ 9-6.148 Resource extraction wells.
A drilling permit shall be obtained to authorize wells for extraction of oil, gas, geothermal steam or any other subterranean resource except water, whether for purposes of exploration or production. Such operations shall be conducted in accordance with the standards in Sections 9-6.149 through 9-6.150. Exploratory wells are those drilled to explore for subterranean resources, including verifying their location, extent, or determining the feasibility of commercial extraction. Production wells are permanent installations for the extraction and preparation for transportation of a proven resource. (Note: The extraction of petroleum from oil sands or shales by any method other than wells is subject to the standards of Sections 9-6.151 through 9-6.158 for surface mining operations.)
(Ord. 68 § 9-6.148, 1983)
§ 9-6.149 Drilling permit requirements.
(a)
Application Content. In addition to the information required for applications by Chapter 9-2, drilling permit applications shall also describe:
(1)
Location and dimensions of wells, well pads and earthen sumps, location of roads and associated improvements (including housing), locations of any pipelines or storage tanks and pump facilities.
(2)
Identification of the type of drilling equipment (e.g., portable or fixed) intended to be used in the drilling activities.
(3)
When landscaping plans are required by Chapter 9-2, they are to include measures proposed for screening producing wells and permanent equipment from the view of public roads or residential uses, revegetation of all cut and fill banks, and restoration of disturbed areas of the site not directly related to oil and gas production.
(4)
Proposed erosion control measures.
(Ord. 68 § 9-6.149, 1983)
§ 9-6.150 Development standards for resource extraction wells.
(a)
Bonding. Following approval of a drilling permit and prior to any work on the proposed drilling site, the applicant shall post a surety bond in the sum of $500 per well, in favor of the City, conditioned on conformance with all applicable conditions, restrictions, and requirements of this title and any conditions required by the Planning Commission. Such guarantee is in addition to any bond required by the State.
(b)
Site Development.
(1)
Roads and Access. Roadwork and grading for drill site preparation shall be limited to that necessary for site access. Roads shall be maintained in a dust-free condition by periodic watering or by compacted surfacing. A grading permit may be required for drill site access roads and site preparation, as determined by Section 9-4.138.
(2)
Well Locations. A well hole, derrick or tank shall not be placed closer than 100 feet of any residence or closer than 25 feet from any public road, street or highway.
(3)
Operational Standards.
(i)
Portable Rig Required. Drilling operations shall utilize portable drilling apparatus only, which shall be removed from the site within five calendar days from completion of drilling.
(ii)
Hours of Operation. Drilling operations may continue uninterrupted once started. Delivery of materials, equipment, tools or pipe shall occur only between the hours of 7:00 p.m., or such other hours as the Planning Commission may establish, except in case of emergency.
(4)
Sumps and Waste Disposal. All waste substances such as drilling muds, oil, brine, or acids produced or used in connection with oil drilling operations or oil production shall be retained in watertight receptors, from which they can be piped or hauled for terminal disposal by the Regional Water Quality Control Board. The use of unprotected earthen sumps is prohibited except during drilling operations. Any allowed sump located within view of any public street or within 1,000 feet of any residence is to be enclosed with a fence no less than five nor more than 10 feet in height, mounted on steel posts with not less than three strands of barbed wire around the top, except when an earthen sump is under continuous supervision and use during drilling operations. Fencing shall be constructed of woven wire fencing or equivalent of not greater than six inch mesh.
(5)
Fire Protection. Fire fighting apparatus and supplies, approved by the City Fire Department, shall be maintained on the site at all times during drilling and production operations.
(6)
Completion of Drilling. Within 30 days after completion or abandonment of an exploratory or production well, all derricks, other drilling apparatus and equipment, including any earthen sumps, shall be removed from the site and the sumps filled, except as provided in subdivision (3) of this subsection. After completion of drilling, any unnecessary servicing or maintenance of wells may utilize portable derricks, if needed.
(c)
Well Operation and Site Maintenance.
(1)
Landscaping. Within 30 days after the completion of the drilling of a producing well within view of any public street or any residence, production equipment shall be screened, and the entire extraction site including disturbed areas not directly related to the extraction shall be revegetated and thereafter maintained as shown on the approved landscaping plan.
(2)
Site Maintenance. The drill site, permanent equipment and approaches to the site shall be kept in a clean, neat appearing condition free from debris, other than necessary and incidental drilling equipment and supplies. The site shall be maintained so as to prevent any accumulation of oil, oil products, or oilcoated boards, materials or equipment which might cause fumes or odors detrimental to adjoining property.
(3)
Storage Tanks. Oil storage tanks erected or maintained on the premises shall be removed no later than 180 days after the first well on the site is completed. Oil produced thereafter shall be transported from the drilling site by means of an underground pipeline connected directly with the producing pump without venting to the atmosphere at the drilling site.
(4)
Parking and Loading. All parking and loading activities related to well drilling or production shall occur on-site.
(5)
Signing. Only directional, instructional and warning signs and signs required for identification of a well may be placed on the premises.
(6)
Operating Wells. Pumping wells shall be operated by electric motors or muffled internal combustion engines. Pumping units shall be installed within pits or abovegrade structures which screen all mechanical equipment from the view of public roads or adjoining properties and which reduce noise generated by pumping equipment to within the limits specified by Section 9-4.163.
(d)
Well Abandonment. The well site and surroundings affected by drilling operations shall be restored and revegetated to achieve a natural appearing condition which will approximate their original vegetative and topographic state.
(Ord. 68 § 9-6.150, 1983)
§ 9-6.151 Surface mining and reclamation.
Surface mining operations include the processes of removing overburden and mining directly from mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. In addition, surface mining operations include, but are not limited to: In place of distillation, retorting or leaching; the production and disposal of mining waste; prospecting and exploratory activities; and extractions of natural materials for building construction.
(a)
Purpose and Intent. These sections are adopted as required by the California Surface Mining and Reclamation Act of 1975 (Section 2710 et seq., of the Public Resources Code). The purpose of these sections is the regulation of surface mining and related mineral extraction operations within the City. The intent is to provide for reclamation of mine lands, prevent or minimize adverse environmental effects and safety hazards, and provide for the protection and subsequent beneficial use of mined and reclaimed lands. Because surface mining occurs in areas diverse in environmental and social conditions, reclamation operations and specifications may vary accordingly.
(b)
Surface Mining Operations—Reclamation Plan Required. No person shall conduct surface mining operations unless a reclamation plan has first been approved by the City for such operations, except as otherwise provided in this chapter.
(c)
Exceptions. The provisions of these sections regarding surface mining operations are not applicable to:
(1)
Excavations or grading conducted for farming or on-site construction, or to restore land following a flood or natural disaster when the excavation is conducted only on the land directly affected by disaster.
(2)
Prospecting and exploration for minerals of commercial value where less than 500 cubic yards of overburden is removed in any one location of one acre or less, provided each such location shall be restored to a natural appearing or otherwise usable condition to the approval of the Planning Director upon completion of exploration.
(3)
Any surface mining operation that does not involve either the removal of a total of more than 500 cubic yards of minerals, ores, and overburden, or cover more than one acre in any one location.
(4)
Other mining operations categorically identified by the State Board pursuant to Sections 2714(d) and 2758(c), California Surface Mining and Reclamation Act of 1975.
(Ord. 68 § 9-6.151, 1983)
§ 9-6.152 Surface mining practices.
The State guidelines for surface mining and reclamation practices contained in the California Administrative Code are incorporated into these sections as though they were set fully forth and are the minimum acceptable practices to be followed in surface mining operations.
(Ord. 68 § 9-6.152, 1983)
§ 9-6.153 Permit requirements for surface mining.
(a)
New Surface Mining Operations. Approvals required in the particular zoning district shall be obtained before starting any surface mining operations except as provided in subsection (b) of this section.
(b)
Existing Surface Mining Operations. A person who has obtained a vested right to conduct a surface mining operation before January 1, 1976, need not secure a permit as required by subsection (a) of this section as long as the vested right continues; provided, however, that approval is also required if an existing mine is changed by increasing the on-site processing capabilities of the operation or by changing the method of mining (i.e., from mechanical to hydraulic technology), or if the mine is expanded beyond the external boundaries of the surface mining site.
(c)
Vested Right Defined. For the purposes of surface mining operations only, a person is deemed to have a vested right if, prior to January 1, 1976, he or she has in good faith and in reliance upon a permit or other authorization, if a permit or other authorization was required, diligently commenced surface mining operations and incurred substantial costs for work and materials necessary therefor. Expenses incurred in obtaining required approvals or the issuance of a permit to establish or expand a mine are not deemed costs for work or materials.
(d)
Surface Mining Permit Review Procedure. The Planning Department will review the permit application and the reclamation plan for accuracy and completeness and coordinate review of the application and plan with other agencies. A public hearing will be scheduled after the filing of both the permit application and the reclamation plan. The hearing will be held pursuant to Section 9-1.110. The purpose of the hearing will be to consider the applicant's request and to approve, conditionally approve or disapprove the issuance of a permit and reclamation plan for the proposed surface mining operation. Approval or conditional approval may be granted only upon making the findings that the application and reclamation plan or amendments to reclamation plan and reports submitted:
(1)
Adequately describe the proposed operation in sufficient detail;
(2)
Incorporate adequate measures to mitigate the probable significant adverse environmental effects and operational visual effects of the proposed operation;
(3)
Incorporate adequate measures to restore the site to a natural appearing or otherwise usable condition compatible with adjacent areas;
(4)
Show proposed uses which are consistent with the General Plan; and
(5)
Demonstrate that the uses proposed are not likely to cause public health or safety problems.
In addition, when any significant environmental impact has been identified, the findings mandated by the Public Resources Code shall be made. |
(Ord. 68 § 9-6.153, 1983)
§ 9-6.154 Reclamation plan.
(a)
When Required.
(1)
Proposed Surface Mining Operations. Approval of a reclamation plan shall be obtained before starting any proposed surface mining operation for which a permit is required by Section 9-6.153.
(2)
Active Surface Mining Operations.
(i)
No later than January 1, 1983, any person who is presently conducting surface mining operation under a vested right obtained before January 1, 1976, shall file with the Planning Department a reclamation plan for all operations conducted and planned after January 1, 1976; provided, however, that a reclamation plan need not be filed if:
a.
A reclamation plan was approved by the County before January 1, 1976, and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that plan; or
b.
The owner/operator files a letter with the Planning Department stating that the mine is being temporarily deactivated, and agreeing to file a reclamation plan as set forth in subdivision (3) of this subsection before resuming operations; or
c.
Surface mining operations were completed before January 1, 1976.
(3)
Temporarily Deactivated Surface Mining Operations. The owner/operator of a surface mining operation for which a vested right was obtained before January 1, 1976, and which is temporarily deactivated on the effective date of this title shall, prior to reactivation, receive approval of a reclamation plan for operations to be conducted after January 1, 1976. Failure to receive approval of a reclamation plan before reactivating a temporarily deactivated operation shall create a presumption of termination of the vested right and surface mining operations shall be prohibited unless a new surface mining permit is approved.
(b)
Reclamation Plan Filing and Content. The filing and content of all reclamation plans shall be in accordance with the provisions of this chapter and as further provided in Section 2700 et seq., of the Public Resources Code. All applications for reclamation plan shall be made on forms provided by the City Planning Department, and as called for by the Public Resources Code.
(c)
Notification of State Geologist. The State Geologist will be notified of the filing of all permit applications and reclamation plans.
(d)
Reclamation Plan Review Procedure. The Planning Department will review the reclamation plan for accuracy and completeness, and coordinate review of the plan by other agencies. It may approve, conditionally approve, or disapprove the reclamation plan. The Planning Director may refer the reclamation plan directly to the Planning Commission, in which case the entire procedure described in Section 9-1.108 will be followed. A reclamation plan will be accepted for review only when the Planning Director has determined that the surface mining operation was established in accordance with legal requirements applicable at the time of its establishment. Such determination shall be based upon information submitted by the applicant, or relevant City or County records. Approval or conditional approval of a reclamation plan may be granted only upon making the finding that the reclamation plan or amendments thereto:
(1)
Adequately describes the proposed operation in sufficient detail;
(2)
Incorporates adequate measures to mitigate the probable significant adverse environmental effects of the proposed operation;
(3)
Incorporates adequate measures to restore the site to a natural appearing or otherwise usable condition compatible with adjacent areas, and to a use consistent with the General Plan. Where a significant environmental impact has been identified, and all findings mandated by the Public Resources Code shall be made.
(e)
Amendments. Amendments to an approved reclamation plan can be submitted to the City at any time, detailing proposed changes from the original plan. Such amendments are to be filed with, and approved by the City using the same procedure required for approval of a reclamation plan by subsection (d) of this section.
(Ord. 68 § 9-6.154, 1983)
§ 9-6.155 Guarantee of reclamation required.
Appropriate security or guarantees shall be provided by the applicant to ensure proper implementation of the reclamation plan as required by the Public Resources Code, as a condition of issuance of a permit and/or approval of a reclamation plan. The form and manner of posting of the guarantee shall be determined by the Planning Director pursuant to Section 9-2.121. The guarantee may be in the form of a lien to be placed on property being mined in the event that the approved reclamation plan has not been fulfilled instead of the guarantees specified in Section 9-2.121.
(Ord. 68 § 9-6.155, 1983)
§ 9-6.156 Public records.
Reclamation plans, reports, applications, and other documents submitted pursuant to this title are public records unless the applicant states in writing that such information, or part thereof, would reveal production, reserves, or rates of depletion which are entitled to protection as proprietary information. The City shall identify and file such proprietary information as a separate part of each application. Proprietary information shall be made available to persons other than the State Geologist only when authorized by the mine operator and by the mine owner (see Section 2778 of the Public Resources Code).
(Ord. 68 § 9-6.156, 1983)
§ 9-6.157 Periodic review.
A schedule for periodic inspections of the site will be established through conditions of approval to evaluate continuing compliance with the permit and reclamation plan. A fee for such inspections may be established by the City fee resolution. Any surface mine subject to this inspection requirement for which the inspection fee remains unpaid 30 days or more from the time it becomes due constitutes grounds for revocation of such permit or plan.
(Ord. 68 § 9-6.157, 1983)
§ 9-6.158 Nuisance abatement.
Any surface mining operation existing after January 1, 1976, which is not conducted in accordance with the provisions of this title, constitutes a nuisance and shall be abated pursuant to Chapter 9-8. Any surface mining operation for which a vested right exists but which is deactivated as of the effective date of this title constitutes a nuisance to be abated if surface mining operations are again started without compliance with the applicable provisions of this title.
(Ord. 68 § 9-6.158, 1983)
§ 9-6.159 Underground mining.
§ 9-6.160 Permit requirement.
(b)
No entitlement is required for prospecting and exploration activities for which the volume of tailings produced is less than 1,000 cubic yards, except when a grading permit is required or any authorizations are required by the State Division of Mines and Geology, the Federal Mine Safety Administration, and California Regional Water Quality Control Board.
(Ord. 68 § 9-6.160, 1983)
§ 9-6.161 Surface operations.
§ 9-6.162 Retail trade.
The following standards apply to the following retail trade uses: auto and vehicle dealerships, automobile service stations, and building material sales.
9-6.163 Auto and vehicle dealerships.
9-6.164 Automobile service stations.
9-6.165 Building materials sales.
(Ord. 68 § 9-6.162, 1983)
§ 9-6.163 Auto and vehicle dealerships.
Vehicle dealerships are subject to the following standards. Auto parts stores are not subject to these standards when conducted entirely within a building.
(a)
Limitations on Use. Vehicle dealerships are limited to new and used automobiles, light trucks, and motorcycles (including mopeds). Such new vehicle dealerships are allowed provided all vehicles for sale are stored, displayed and serviced entirely on the site.
(b)
Access. From a collector, arterial or freeway frontage road.
(c)
Setbacks. A minimum 10 foot landscaped setback with trees, low shrubs and groundcover shall be required from all street frontage property lines.
(d)
Outdoor Use. The outdoor display or storage shall be limited to new and used automobiles in operable condition.
(e)
Minimum Lot Size. The minimum lot size for auto and vehicle dealerships shall be one acre (net). Smaller lots may be approved by the Planning Commission for motorcycle or moped dealers or indoor auto and vehicle display/sales dealerships only.
(f)
Site Surfacing. Auto dealer display lots shall be surfaced with concrete or A.C. paving. All vehicle drive areas, service areas and customer parking areas are to be paved with concrete, asphalt or masonry paving units, including vertically-oriented concrete block with the block cells planted with grass. Crushed rock will be allowed for vehicle storage areas on the rear half of the lot that are not accessible to the general public.
(g)
Landscaping and Screening. Paved areas of display lots shall provide landscape planters with trees on at least 5% of the lot area. Along U.S. Highway 101 a 10 foot landscape treatment with decorative fencing shall be provided as a buffer between the highway and sales lot. All service and storage areas shall be screened from public views.
(h)
Street Frontage Fencing. Fencing along street frontages shall be limited to decorative wrought iron, wood rail or other alternative fencing subject to staff review not to exceed three feet in height and located three feet behind the sidewalk in the landscape planter. Chain link fencing not permitted.
(Ord. 68 § 9-6.163, 1983; Ord. 364 § 2, Exh. C, 1999; Ord. 452 § 3, 2004)
§ 9-6.164 Automobile service stations.
Establishments defined as service stations are subject to the following standards:
(a)
Location Criteria. The location of service stations shall be as follows:
(1)
No new station shall be located adjacent to a lot in the RS, LSF or RSF Zone.
(2)
Street Characteristics. An automobile service station shall be approved only at locations which meet the following standards for street access:
(i)
At any intersection where at least one intersecting street is a collector or arterial;
(ii)
Between intersections on an arterial; or
(iii)
Within a shopping center or industrial park, when vehicle access to the service station is only from within the shopping center or industrial park and not directly from a public street, except as provided by subdivisions (2)(i) and (2)(ii) of this subsection.
(b)
Minimum Site Area. Fifteen thousand square feet, with minimum dimensions of 125 feet on all street frontages.
(c)
Site Design Criteria. In addition to the other applicable standards of this title, the following are applicable to service stations:
(2)
Access Driveways. Driveways providing access to service station sites shall be a minimum width of 30 feet, and shall be no closer than 20 feet from the nearest curb line of any intersecting street.
(3)
Parking Requirement. Two spaces, plus two spaces per service bay.
(4)
Landscaping. A landscaping strip with a minimum width of five feet shall be located adjacent to all street frontages, exclusive of driveway areas. The total area of landscaping shall be a minimum of 20% of the total site area.
(5)
Signing. Service station signing is allowed as provided by Section 9-4.130 except for the following additional special signing:
(i)
Price Signs. One price sign is allowed for each site frontage, not to exceed 12 square feet.
(ii)
Service Signs. Signs indicating whether pump islands are "Full Service" or "Self Service" are permitted provided that there are not to be more than two such signs for each pump island, they do not project beyond the edge of the pump island curb, and they do not exceed four square feet in area.
(d)
Repair Activities. All areas set aside for repair activities in conjunction with a service station shall be entirely within a building or enclosed area.
(Ord. 68 § 9-6.164, 1983)
§ 9-6.165 Building materials sale.
Such establishments in commercial and industrial zones are subject to the following standards:
(a)
Enclosed Required. All building materials sales activities and storage shall be enclosed within a building or enclosed area.
(Ord. 68 § 9-6.165, 1983)
§ 9-6.167 Towing services.
Establishments defined as towing services are subject to the following standards:
(a)
Location Criteria. The location shall be as follows:
(1)
Street Characteristics. A towing service shall be approved only on an arterial or collector road.
(b)
Site Design Criteria. In addition to the other applicable standards of this title, the following are applicable to service stations:
(1)
A minimum 10-foot wide landscape setback shall be provided along all street frontages. If the towing service and vehicle storage yard is utilizing an existing building with less than 10 feet between the building and any right-of-way, the provided setback shall be landscaped.
(2)
All outdoor storage areas shall be screened from the right-of-way and adjacent properties by a minimum six-foot high solid fence or masonry wall around the entire perimeter of the outdoor storage area.
(3)
Outdoor storage areas that abut a residential zone shall be separated from such property by a landscaping strip with a minimum width of 10 feet.
(4)
All parking areas are to be surfaced with an asphalt, concrete, or crushed rock surface.
(5)
Outdoor vehicle storage shall be limited to 8,000 square feet. A larger outdoor storage area shall be subject to the review and approval of a conditional use permit and shall be at least than 300 feet from a residential zoning district.
(Ord. 670, 3/12/2024)
§ 9-6.168 Automobile repair or services.
This section applies to all auto repair and service activities defined as allowable in the commercial and industrial zones.
(a)
Repair and Services Other Than Self-service Washing.
(1)
Enclosure Required. All repair and service activities and the temporary storage of vehicles while waiting for repair, service or bodywork shall be conducted within a building, or within a yard enclosed by a six foot high solid fence, such that storage or repair activities are not visible from the public street.
(b)
Self-service Car Washes. The standards of this subsection are applicable to self-serve car washes where the vehicle remains stationary during washing.
(1)
Location. On a collector or arterial, provided that a car wash is not to be located adjacent to RS, LSF, or RSF zones.
(2)
Access Lanes. Separate on-site access and egress lanes are to be provided, and identified with directional signing. Site access and egress may be from a single driveway, provided that one-way traffic flow is maintained on-site.
(3)
Setbacks. Structures are to be set back from site property lines at distances sufficient to provide the following features:
(i)
Waiting Area. An area 10 by 20 feet is to be provided adjacent to the entrance of each washing bay for a vehicle waiting to use the bay.
(ii)
On-site Circulation. The car wash structure, and waiting area described in subdivision (3)(i) of this subsection shall be encircled by a one-way driving lane with a minimum width of 24 feet along the washing bays, and 12 feet adjacent to the building ends.
(iii)
Drying Area. An area shall be provided for the drying of vehicles after washing, consisting of separate spaces which are a minimum size of 12 by 20 feet. Drying spaces are to be provided at a ratio of two per washing bay.
(iv)
Adjacent to RMF Zone. A 10 foot landscaped setback is to be provided along the total length of any property line abutting the RMF Zone.
(5)
Landscaping. A 10 foot landscaping strip is to be provided across any street frontage of the site, exclusive of driveways.
(6)
Fencing. The interior lot lines of a car wash site are to be screened with solid wood or masonry fencing, six feet in height, except within 10 feet of the street right-of-way, where no fencing is required.
(Ord. 68 § 9-6.168, 1983)
§ 9-6.172 Temporary uses.
Land uses and activities of a temporary nature are included under seasonal or temporary sales, temporary dwellings, temporary events and temporary offices. When designated allowable, such uses are subject to the provisions of the following sections:
9-6.174 Seasonal or temporary sales.
9-6.175 Temporary off-site construction yards.
9-6.176 Temporary dwellings or offices.
9-6.177 Temporary events.
(Ord. 68 § 9-6.172, 1983)
§ 9-6.174 Seasonal or temporary sales.
Seasonal sales include the retail sale of seasonal products such as produce and Christmas trees. Temporary sales include retail trade activities of short duration which involve the sale of other products. Both types of sales occur outdoors or in locations not otherwise designated by this title as being appropriate for permanent retail trade facilities. Such activities are subject to the provisions of this section.
(a)
Licensing Requirement. Business license clearance is required for all seasonal or temporary sales, except sidewalk sales when conducted by merchants with previously approved annual business licenses; and
(b)
Temporary Sales Generally. Temporary sales of items other than seasonal agricultural products are allowed only in conjunction with temporary events (Section 9-6.177), except:
(1)
The temporary sale of handcrafted items and artwork, produced by an authorized home occupation are allowable as set forth in Section 9-6.105.
(2)
Sidewalk or Temporary sales are allowed when:
(i)
Authorized by a City permit (if using the public sidewalk or are a mobile vendor in the right-of-way).
(3)
The temporary sales of products by nonprofit organizations are allowed for periods of limited duration with the approval of the property owner.
(c)
Seasonal Sales. The seasonal sales of agricultural products is allowed as set forth in this subsection.
(1)
Time Limit. The length of time during which seasonal sales may occur is as follows:
(i)
Seasonal Products Grown On-site. When the seasonal agricultural products sold are produced on-site, no time limit applies, provided that such sales are conducted in accordance with Section 9-6.117.
(ii)
Seasonal Products Grown Off-Site. The seasonal sale of agricultural products, except for Christmas trees, grown in a location separate from sales is not allowed, except when conducted in conjunction with a farmers' market. A farmers' market consists of multiple sellers which are organized for the purpose of selling agricultural products.
(2)
Location. Seasonal sales are to be conducted only in a zone authorized for such use by this title which are in the following locations:
(i)
On the site where seasonal agricultural products were grown;
(ii)
Outside of any public road right-of-way, in a vacant lot, or shopping center parking lot where no more than 20% of the parking spaces are to be occupied by seasonal sales activities. Written permission of the owner shall be submitted with any required application.
(3)
Parking Requirements. None, provided sufficient open area is available to accommodate all employee and customer parking needs entirely on-site.
(4)
Guarantee of Site Restoration. A bond or cash deposit is required for approval of a seasonal sales activity to guarantee site restoration after use and operation in accordance with the standards of this section, except when sales of agricultural seasonal products occur on the site where they are grown. When required, the guarantee is to be in the form established by Section 9-2.121, and shall be in the amount of $50 for each 5,000 square feet of gross use area.
(5)
Hours of Operation. The conduct of seasonal sales may occur daily. The hours of operation are to be between 7:00 a.m. and 10:00 p.m.
(Ord. 68 § 9-6.174, 1983; Ord. 104 § 2, 1985; Ord. 620 § 4, 2019)
§ 9-6.175 Temporary off-site construction yards.
A storage yard for construction supplies, materials or equipment for temporary use during a construction project is allowable on a site not adjacent to the construction site subject to the provisions of this section. The temporary storage of construction materials on or adjacent to a construction site is subject to Section 9-6.103(a).
(Ord. 68 § 9-6.175, 1983)
§ 9-6.176 Temporary dwellings or offices.
A mobilehome, recreational vehicle or portable modular building in conformity with the Uniform Building Code may be used as a temporary dwelling or office pursuant to the provisions of this section (standards for permanent caretaker dwellings are in Section 9-6.104). When a vehicle or temporary or relocatable building is proposed for use as an office for a sales lot, including mobilehome sales, such use is subject to the standards of Section 9-6.139.
(a)
General Requirements.
(1)
Sanitation. A restroom within the temporary dwelling or office or a portable restroom approved by the Health Department shall be provided. Sewage disposal shall be by means of temporary hookup to community sewer facilities or the on-site septic tank; sewage disposal from portable restrooms shall be as authorized by the Health Department.
(2)
Parking Requirements. None for a temporary dwelling or construction office; as required by Section 9-4.114 for other temporary offices.
(3)
Time Limit. A temporary dwelling or office is allowed only while an approved building permit is in effect for the permanent use, except as follows:
(i)
Temporary Financial Offices. A temporary office for a financial service (e.g., a bank) may be used for a maximum of 18 months from its entitlement before issuance of a construction permit for a permanent facility.
(ii)
Temporary Real Estate Offices. A temporary real estate office may be established on the site of an approved subdivision under construction for a maximum of two years from approval of a tentative subdivision map, unless a longer period is authorized by the Planning Commission through approval of a conditional use permit.
(4)
Temporary Dwellings. A temporary dwelling may be established on the same site as the construction of a permanent residence or on the site of another construction project, provided that for any project other than a residence the temporary dwelling occupant is to be an individual employed on the site for security.
(c)
Temporary Construction Offices. A temporary construction office may be established on the site of any subdivision or construction project pursuant to the provisions of this section.
(Ord. 68 § 9-6.176, 1983)
§ 9-6.177 Temporary events.
Where allowed, temporary events are subject to the standards of this section; except when such events occur in theaters, convention centers, meeting halls, or as part of a City sponsored event on public property. Swap meets are subject to the standards of Section 9-6.139.
(a)
General Requirements.
(1)
Public Events. No permit is required for free events held at a public park or on other land in public ownership when conducted under the management of a public agency.
(2)
Commercial Events. Temporary commercial outdoor events require the approval of a Temporary Event Permit and are subject to the provisions of this section and regulations governing business licenses.
(3)
Parades. Parades and other temporary events within the public right-of-way are not subject to these Temporary Event standards, provided that all requirements of the City Engineer and Police Department are met.
(b)
Time Limit. A temporary event may be held in a single location for a period no longer than 20 cumulative days per year unless a longer time period is approved through an Administrative Use Permit.
(c)
Site Design Standards.
(1)
Access. Outdoor temporary events shall be provided with unobstructed access from the event site to a publicly maintained road and must provide adequate access to emergency services throughout the event site, subject to review and approval of the City Fire Marshal.
(2)
Parking. Adequate off-street parking shall be provided for the proposed event, except that temporary events in the Downtown Commercial zoning district shall not require off-street parking. All parking areas shall be on a non-flammable surface.
(3)
Restrooms. Establishment of temporary food services (food trucks) shall have access to approved restrooms on site. Restroom facilities located off-site within 200 feet of the food service may be approved, subject to the approval of the Building Official.
(4)
Installation of electrical service or fixtures governed by the building code for a temporary event site shall be subject to City review of a construction permit, unless otherwise exempted by the City Building Official.
(5)
Tents or related structures that are greater than 400 square feet shall require a construction permit, subject to the approval of the Fire Marshal.
(d)
Guarantee of Site Restoration. A bond or cash deposit may be required for approval of a temporary event to guarantee site restoration after use, and operation in accordance with the standards of this title. The guarantee shall cover both operation and restoration and is subject to the provisions of Section 9-2.121.
(Ord. 68 § 9-6.177, 1983; Ord. 670, 3/12/2024)
§ 9-6.180 Recreational vehicle (RV) parks.
This section applies to all recreational vehicle parks and commercial campgrounds including any separately designated section of a mobilehome park. These standards apply in addition to all applicable provisions of Title 25 of the California Administrative Code.
(a)
Location Criteria. Approval of a conditional use permit application by the Planning Commission shall include a finding that the recreational vehicle park will not be excessively visible from a public road or residential zone or that such visibility will be acceptably mitigated.
(b)
Minimum Site Area.
(c)
Density. The maximum density shall be 20 units per gross acre, not including any exterior public street right-of-way.
(d)
Site Design Standards.
(1)
Setbacks. No part of a recreational vehicle shall be located closer than 25 feet to any street property line, and no closer than 15 feet to any interior property line. No RV or tent shall be located closer than 10 feet to any other RV or tent.
(2)
Internal Streets. The width and improvement of roads and driveways within an RV park shall be as follows:
(i)
One-Way. Eighteen feet wide if road serves 60 spaces or more; 15 feet if road serves less than 60 spaces; 12 feet for a one-way internal road between campsite clusters which does not provide access to individual spaces.
(ii)
Two-Way Divided. Fifteen feet wide on each side of divider.
(iii)
Two-Way. Twenty-four feet wide.
(iv)
Parking. Parking along internal roadways shall be allowed only when a paved parking lane, eight feet wide is provided in addition to the roadway.
(v)
Road Improvement Standard. Two inches of A.C. plant mix over six inches of Class II aggregate base or equivalent structural section based on a Traffic Index of 4. Alternative hard-surface paving materials are allowable subject to approval by the City Engineer.
(3)
Utilities.
(i)
Water. All recreational vehicle spaces shall be provided water supply hookups. Tent camping spaces shall have water service for each 10 spaces, but not located within 20 feet of a designated tent site. When common water supply facilities are provided in the form of hose bibs, they shall be over a drainequipped concrete pad, rock bed or other construction to prevent the creation of mud as a result of water supply use.
(ii)
Sewer Hookups. To be provided for all recreational vehicle spaces. None required for tent spaces.
(iii)
Holding Tank Dump. All recreational vehicle parks shall be provided with one holding tank dumping facility for each 100 RV spaces or fraction thereof to be located near park exits.
(iv)
Restrooms. No space or campsite shall be located closer than 25 feet, nor further than 400 feet from a public restroom facility.
(v)
Electricity. All pull-through spaces and 50% of pull-in or back-in spaces, except tent spaces, shall be provided an electricity hookup.
(4)
Fencing and Screening. A solid wood or masonry six foot solid fence, screen or hedge will be required along all property lines and front yard setbacks. In addition, recreational vehicle spaces should be generally screened from adjacent properties and public roads by means of natural landscaping, terrain variations and distance. Where a proposed park will be visible from a major highway or freeway, additional screening landscaping will be required. The Planning Commission may waive or adjust fencing and screening standards where terrain, natural vegetation or area character would make screening unnecessary or ineffective.
(Ord. 68 § 9-6.180, 1983; Ord. 554 § 2, 2011)
§ 9-6.183 Vehicle storage.
This section applies to commercial parking lots, garage and other establishments engaged in the storage of vehicles for a fee or without fee as a principal use, whether owned and operated publicly or privately. The storage of vehicles for sale is subject to Section 9-6.139. The storage of vehicles in commercial and industrial zones is subject to Section 9-6.140.
(a)
Limitation on Use. Vehicle storage establishments in the commercial zones are to be limited to the temporary parking of automobiles, buses and self-propelled recreational vehicles.
(Ord. 68 § 9-6.183, 1983)
§ 9-6.184 Single room occupancy units (SRO).
This section applies to a single room occupancy (SRO) unit, which is 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.
(a)
Development Standards. Each single room occupancy facility shall comply with all applicable development standards in the zoning district where it is located. In addition, the following use-specific standards shall apply:
(1)
Parking Requirements. One space per four units, one space per employee and additional 1/2 space for every two units for visitor parking. Parking requirements may be modified by the Planning Commission.
(2)
Unit Size. Minimum size of a unit shall be 200 square feet with the maximum size no greater than 400 square feet. Room calculation shall include bathroom and/or kitchen facilities.
(3)
Common Area. A minimum of 10 square feet for each unit or 250 square feet, whichever is greater, shall be provided for a common area. All common area shall be within the structure. Dining rooms, meeting rooms, recreational rooms, or other similar areas approved by the Community Development Director may be considered common areas. Shared bathrooms and kitchens shall not be considered as common areas.
(4)
Occupancy Limitations. No more than two persons shall occupy a single room occupancy unit. Occupancies shall be determined by the Planning Commission as a conditional use permit condition.
(5)
On-Site Management. A 24 hour resident manager shall be provided for any single room occupancy facility with eight or more tenants.
(6)
Facilities. The following are facility standards for SRO developments:
(i)
Kitchen. Each unit shall be provided at minimum, a kitchen sink serviced with hot and cold water, a garbage disposal and a counter top measuring a minimum of 18 inches wide by 24 inches deep. A complete kitchen facility available for residents shall be provided on each floor of the structure, if each individual unit is not provided with a minimum of a refrigerator and a microwave oven.
(ii)
Bathroom. Each unit shall private toilet in an enclosed compartment with a door. This compartment shall be a minimum of 15 square feet. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities shall be provided at a ratio of one for every seven units or fraction thereof. The shared shower or bathtub facility shall be on the same floor as the units it is intended to serve and shall be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door. Common area bathroom facilities shall comply with adopted California Building Permit Standards at the time of permit issuance.
(iii)
Closet. A closet shall be provided for each unit and shall be a minimum of six square feet.
(b)
Notwithstanding the provisions of Section 9-7.108, existing nonconforming structures currently in use for single room occupancy in zoning districts where the use is permitted may be altered to comply with the following single room occupancy residential development standards without obtaining a conditional use permit.
(Ord. 572 § 1, 2013)
§ 9-6.185 Hotels and motels.
Where a hotel or motel is located in a commercial zoning district, the following standards shall apply:
(a)
Hotels and motels without kitchens shall be allowed as specified for each zoning district.
(1)
Wet bars, as defined in this title, shall be permitted.
(b)
Hotels and motels may have kitchens that include cooking appliances in up to 10% of the rooms/units, subject to the following:
(1)
The hotel development must contain a minimum of 20 rooms/units;
(2)
A deed notification shall be recorded on the property for restricting the property for commercial uses and short-term occupancies of 30 days or less. The notification shall be in a form approved by the Community Development Director.
(c)
Hotels and motels may have kitchens that include cooking appliances in up to 25% of the rooms/units with approval of an administrative use permit, subject to the following findings and conditions:
(1)
The project is designed consistent with the standards of the Atascadero Municipal Code and provides amenities consistent with a tourist serving lodging use.
(2)
The project is located in an area that supports tourist serving activities.
(3)
A deed notification shall be recorded on the property restricting the property for commercial uses and short-term occupancies of 30 days or less. The notification shall be in a form approved by the Community Development Director.
(4)
The operator shall enter into an agreement specifying penalty fees for any violation of the deed notification, municipal code standards, or conditions of approval.
This section does not apply to extended-occupancy hotels or motels which are subject to the provisions of Section 9-6.186.
§ 9-6.186 Extended-occupancy hotels/motels.
Where a hotel, motel, or similar transient lodging use in a commercial zone allows guests to stay for more than 30 days, the following standards must be met.
Process. An administrative use permit (AUP) shall be required for the approval of any hotel/motel use where stays of more than 30 days occur, subject to the following:
(a)
Requirements and Conditions. The following shall be required for all hotels/motels offering extended-occupancy rooms:
(1)
The hotel must contain a minimum of 20 rooms/units.
(2)
A deed notification shall be recorded on the property that sets forth the requirements for occupancies greater than 30 days. The notification shall be in a form approved by the Community Development Director.
(3)
The operator (as defined in Section 3-3.02) must enter into an agreement with the City that sets forth the conditions of extended-occupancy that includes, but is not limited to: an extended-occupancy fee payable by the operator for each day of occupancy, penalties for noncompliance, and maximum length of occupancy. The agreement will be recorded against the property.
(4)
A maximum of 20% of the operator’s overall annual gross revenue for the period July 1 through June 30 of each year may be generated from extended occupancies (rental periods greater than 30 days).
(6)
For all extended-occupancy revenue in excess of 20% of the annual revenue as defined in subsection (a)(2), a penalty will be assessed and payable by the operator.
(b)
Findings. Approval of extended occupancy rooms/units within any hotel, motel, or similar transient lodging use shall be subject to the following findings:
(1)
The hotel/motel is located within a commercial zone of the City.
(2)
None of the extended occupancy is intended to be rented as a permanent residential multifamily room or unit.
(3)
Extended occupancy of a portion of the rooms/units is necessary to ensure the economic viability of the transient lodging and short-term occupancy lodging uses in the hotel/motel.
(c)
Kitchen Facilities. Extended-occupancy hotels and motels may have kitchens that include cooking appliances, subject to the following:
(1)
The hotel development must contain a minimum of 20 rooms/units;
(2)
The project is designed consistent with the standards of the Atascadero Municipal Code and provides amenities consistent with a tourist serving lodging use; and
(3)
The project is located in an area that supports tourist serving activities.
(Ord. 685, 4/22/2025)