This title is known as the Zoning Regulations of the City of
Atascadero, Title 9 of the Atascadero Municipal Code. These regulations
are established and adopted to protect and promote the public health,
safety and welfare and provide a regulatory structure which:
(a)
Provides
for the development of land uses in a manner that encourages and supports
the goals and policies of the General Plan; and
(b)
Minimizes
adverse effects on the public resulting from the inappropriate creation,
location, use or design of building sites, structures, or other land
uses by providing appropriate standards for development; and
(c)
Protects
and enhances the unique and significant natural, historic, cultural
and scenic resources within the City; and
(d)
Assists
the public in identifying and understanding regulations affecting
the development and use of the land.
(Ord. 68 § 9-1.101, 1983)
Those certain maps specifically identified, and duly noted thereon,
as the Official Zoning Maps of the City of Atascadero as adopted by
Ordinance No. 68 on June 27, 1983, including all amendments thereto
are adopted pursuant to procedures set forth in this title.
(Ord. 68 § 9-1.102, 1983)
The purpose of each of the following provisions, together with
all other applicable provisions of this title, are consistent with
the intent of the Open Space and Conservation Element of the Atascadero
General Plan, and shall constitute the open space zoning pursuant
to Section 65910 et seq., of the Government Code:
(a)
The
Agriculture, Residential Suburban, Recreation, Special Recreation
and Public Zoning Districts.
(b)
The
Overlay Zoning Districts where applied for flood, geologic or related
purposes.
(Ord. 68 § 9-1.103, 1983)
(a)
Proposed
Uses. The provisions of this title apply to all lots, buildings, structures
and uses of land created, established, constructed or altered subsequent
to the adoption of this title, unless specifically exempted by this
section.
(b)
Existing
Uses. The provisions of this title are not retroactive in their effect
on a use of land lawfully established before the effective date of
this title, unless an alteration, expansion or modification to an
existing use is proposed which requires approval pursuant to this
title. A use lawfully established before the effective date of this
title shall become a nonconforming use subject to all applicable provisions
of Chapter 9-7 unless the use is determined to be in compliance with
all applicable provisions of this title.
(c)
Completion
of Approved Uses. Nothing in this title shall require any change in
the plans, construction or approved use of a building or structure
for which a permit has been issued or a zoning approval has been granted
before the effective date of this title, as follows:
(1)
Building Permits. Site work has progressed beyond grading and completion
of structural foundations within 180 days after building permit issuance;
(2)
Zoning Approvals. Projects authorized through the approval of departmental reviews, conditional use permits, precise plans, variances, and development plans shall apply for construction permits within two years of the effective date of the approval of a conditional use permit, precise plan, variance, development plan, unless an extension of time granted such entitlements has been approved as provided under Section 9-2.117. Any project that was approved for phased construction may continue under the approved phasing schedule.
(Ord. 68 § 9-1.104, 1983; Ord. 524 § 2, 2008)
No new building or use of land shall be established and no application
for such use or other permit required by this title shall be accepted
for processing unless the proposed use is allowed in the zoning district
where the proposed activity is to be located, except where otherwise
provided by Chapter 9-7.
(Ord. 68 § 9-1.105, 1983)
No use of land or buildings shall be established and no application
for a use of land or buildings shall be approved unless the proposed
land use or building satisfy all applicable standards of this title,
except where otherwise provided by Chapter 9-7. No such application
shall be approved where an existing land use or building is being
maintained in violation of any applicable provision of this title,
except where the purpose of the application is to correct the violation.
(Ord. 68 § 9-1.106, 1983)
Any application filed with the Planning Department shall be
accompanied by the required filing fee at the time of submittal. The
required filing fee shall be determined by resolution of the City
Council.
(Ord. 68 § 9-1.107, 1983)
This title shall be administered by the Planning Director. The
responsibilities of the Planning Director under this title include
the following functions, which may be carried out by such other persons
as he or she may designate:
(a)
Application
Processing. Receive and review all applications for projects; certify
that applications submitted have been properly completed; establish
permanent files; conduct site and project analyses; make environmental
determinations; provide public notices; meet with applicants; collect
fees; prepare reports; process appeals; present appropriate staff
reports to the Planning Commission, City Council, and City Manager;
and
(b)
Coordination.
Refer and coordinate matters related to the administration of this
title with other agencies and City departments; and
(c)
Amendment.
Pursuant to Section 9-1.114, petition the Planning Commission or City
Council to initiate amendment of this title when such amendment would
better implement the General Plan and increase its effectiveness and/or
improve or clarify the procedures or content of this title; and
(d)
Enforcement.
Enforce and secure compliance with the provisions of this title pursuant
to Chapter 9-8.
(Ord. 68 § 9-1.108, 1983)
Any question about the interpretation or applicability of any
provision of this title shall be resolved as provided by this section.
(a)
Effect
of Provisions.
(1)
Minimum Requirements. The regulations and standards set forth in
this title shall be considered minimum requirements, which are binding
upon all persons and bodies charged with administering or enforcing
this title.
(2)
Effect Upon Private Agreements. It is not intended that these regulations
are to interfere with or annul any easements, covenants or other agreement
between private parties. When these regulations impose greater restrictions
than are imposed or required by other ordinances, rules, regulations,
or by covenants, easements or agreements, these regulations shall
control. When easements, covenants or other agreements between private
parties impose greater requirements than are imposed by this title,
it shall be the responsibility of the affected private parties to
enforce the more restrictive regulations.
(b)
Language.
(1)
Construction. When used in this title, the words "shall," "will"
and "is to" are always mandatory and not discretionary. The words
"should" or "may" are permissive. The present tense includes the past
and future tenses; and the future tense includes the present. The
singular number includes the plural, and the plural the singular.
(2)
Time of Day. Whenever a certain hour or time of day is specified
in this title, or any permit, condition of approval or notice issued
or given as set forth in this title, such hour shall be standard time
or day-light savings time, whichever is in current use.
(3)
Number of Days. Whenever a number of days is specified in this title,
or in any permit, condition of approval or notice issued or given
as set forth in this title, such number of days shall be deemed to
be consecutive calendar days, unless the number of days is specifically
identified as working days.
(4)
Rounding of Quantities. Whenever this title requires consideration
of distances, numbers of dwelling units, parking spaces or other aspects
of development expressed in numerical quantities that are fractions
of whole numbers and this title uses such quantities in the form of
whole numbers only, such numbers are to be rounded to the next highest
whole number when the fraction is 1/2 or more, and to the next lowest
whole number when the fraction is less than 1/2; provided, however,
that quantities expressing areas of land are to be rounded only in
the case of square footage, and are not to be rounded in the case
of acreage.
(c)
Map
Boundaries and Symbols. If questions arise about the location of any
zoning district boundary, or the location of a proposed public facility,
road alignment or other symbol or line on the official maps, the following
procedures shall be used to resolve such questions:
(1)
Where a boundary is shown as approximately following a lot line,
the lot line shall be considered to be the boundary.
(2)
Where a zoning district applied to a parcel of land is not shown
to include an adjacent street or alley, the district shall be considered
to extend to the centerline of the right-of-way.
(3)
Where a boundary is indicated as approximately following a physical
feature such as a stream, drainage channel, topographic contour line,
powerline, railroad right-of-way, street or alley-way, the location
of the boundary shall be determined by the Planning Director, based
upon the character of the particular feature used as a boundary.
(d)
Interpretations
of Allowable Uses.
(1)
Where a proposed use of land is not specifically listed in a zoning
district, the Planning Director will review the proposed use when
requested to do so by letter and, based upon the characteristics of
the use, determine which of the uses listed in the land use descriptions
is equivalent to that proposed.
(2)
Upon a written determination by the Planning Director, or by the
Planning Commission or City Council in an appeal, that a proposed
unlisted use is equivalent in its nature and intensity to a listed
use, the proposed use will be treated in the same manner as the listed
use in determining where it is allowed, what approvals are required
and what standards affect its establishment.
(3)
Determinations that specific unlisted uses are equivalent to listed
uses will be recorded by the Planning Department, and will be considered
for incorporation into the zoning regulations.
(4)
At the discretion of the Planning Director, land use interpretation requests may be forwarded to the Planning Commission for determination. Negative determinations by the Planning Director may be appealed to the Planning Commission as set forth in Section 9-1.111.
(5)
In the event that a proposed use is found by the Planning Director,
or by the Planning Commission or City Council in an appeal, to be
not equivalent to any listed use, the proposed use shall not be allowed.
(Ord. 68 § 9-1.109, 1983)
When a public hearing before the Planning Commission or the
City Council is required by this title, such hearing shall be conducted
as follows:
(a)
Notice
of Hearing. Notice of a public hearing shall include the time and
place of the hearing, a general description of the request, the location
of the site, and any additional information which the Planning Director
deems appropriate. Such notice shall be given at least 10 days before
the hearing by first class mail with postage prepaid to all persons
whose names and addresses appear on the last equalized assessment
roll as owning property within 300 feet from the exterior boundaries
of the parcel which is the subject of the hearing, except for projects
in the RS zoning district which shall require that notices be sent
to all such properties within a one thousand feet (1000) from the
exterior boundaries of the project site. Such notice shall also be
published at least once at least 10 days before the hearing in a newspaper
of general circulation, published and circulated in the City, or if
there is none, it shall be posted in at least three public places
in the City.
(1)
If the number of notices required is greater than 1,000, as an alternative to the notice required by Section 9-1.110(a), such notice shall be given at least 10 days prior to hearing by placing a display advertisement of at least 1/4 page in a newspaper of general circulation in the City or by placing an insert with any generalized mailing by the City, such as billing for City services, to property owners in the area required to be notified.
(2)
Persons filing a written request to receive any such notice shall
be given notice by first class mail, A fee may be charged to recover
the cost of such mailing.
(b)
Scheduling
of Hearing. When an application has been accepted as complete for
processing, received staff review, and a recommendation on the Environmental
Determination or Environmental Impact Report has been completed, it
shall be scheduled for public hearing on the next available Planning
Commission agenda reserved for such matters. Appeals shall be scheduled
on the Planning Commission or City Council agenda, as applicable,
within 30 days of receipt of the appeal. A public hearing on an application
or appeal may be continued to a date specific without providing additional
notice.
(Ord. 68 § 9-1.110, 1983; Ord. 620 § 4, 2019)
Decisions of the Planning Department or Planning Commission
may be appealed by an applicant or any aggrieved person, including
the Planning Commission and the City Council, and individual members
thereof. An appeal shall be filed in the form of a letter setting
forth the reasons for the appeal. An appeal shall be accompanied by
any fees required. Appeal fees shall not be required for appeals initiated
by the Planning Commission or the City Council. When an appeal has
been filed, the Planning Director will prepare a report on the matter
and schedule the appeal for consideration by the appropriate body
within 30 days of receipt of the appeal. The hearing body may affirm,
affirm in part, or reverse the action, decision or determination which
is the subject of the appeal, based upon findings of fact regarding
the particular case. Such findings shall identify the reasons for
the action on the appeal, and verify the compliance or noncompliance
of the subject of the appeal with the provisions of this title.
Appeals relating to matters which are resolvable through adjustment, variance or amendment of this title shall be processed according to the procedures of Sections 9-1.112, 9-1.113, 9-1.114 and 9-1.115, respectively.
(a)
Planning Department Actions. Determinations on the meaning or applicability of the provisions of this title which are believed to be in error, and cannot be resolved with staff, and any decision of the Planning Department to approve or deny an application may be appealed to the Planning Commission. The Planning Department shall provide the Planning Commission and City Council with notification of its actions. Appeals shall be filed with the Secretary of the Planning Commission within 14 days after the decision of the Planning Department. The appeal will be decided by the Planning Commission following a public hearing conducted in accordance with Section 9-1.110.
(b)
Planning Commission Decisions. Any decision of the Planning Commission may be appealed to the City Council by filing a letter of appeal with the City Clerk within 14 days of the action of the Planning Commission. The Planning Department shall provide the City Council with notification of Planning Commission actions. Appeals will be decided by the City Council following a public hearing conducted pursuant to Section 9-1.110.
(Ord. 68 § 9-1.111, 1983)
An administrative use permit is intended to allow for public
review of land use proposals which are not of sufficient magnitude
or complexity to warrant a Planning Commission hearing, but which
could have a noticeable impact in the neighborhood. It provides flexibility
in the regulation of certain standards set forth in Chapters 9-4,
9-6, 9-14 and 9-15 of this title. This procedure ensures public review
of proposed uses so that they will be compatible with existing or
desired conditions in their neighborhoods.
(a)
When
Allowed. When a standard of Chapter 9-4, 9-6, 9-14 or 9-15 identifies
specific circumstances under which reduction or modification of the
standards may be appropriate, an applicant may make application for
an administrative use permit.
(b)
Application.
An administrative use permit application shall be filed with the Community
Development Department as an attachment to its respective project
application, and shall include appropriate supporting materials. Supporting
materials shall include, but not be limited to, a plot plan, written
description of activities proposed, rationale for relaxation or modification
of the applicable standard, and mailing labels with the names and
addresses for all property owners located within 300 feet of the subject
property. The hearing officer may require additional information as
necessary.
(c)
Processing. The Community Development Department hearing officer shall hold a public hearing to review whether findings can be made to approve the application. Notice of the hearing shall be given to adjacent property owners as provided in Section 9-1.110.
Approval of the application may be made contingent upon conditions of approval. The applicant, or any aggrieved party, may appeal the hearing officer's decision and/or conditions of approval to the Planning Commission. The hearing officer's decisions shall be final unless appealed as provided in Section 9-1.111 of this title.
An additional fee shall not be charged if the application for
administrative use permit is considered in conjunction with a plot
plan, precise plan or conditional use permit.
(d)
Findings
for Approval. An administrative use permit shall be approved only
if the following findings are made in the affirmative by the hearing
officer:
(1)
Modification of the applicable standard will not result in a project
that is inconsistent with the General Plan;
(2)
Modification of the applicable standard will not result in a project
that is inconsistent with the character of the immediate neighborhood
or contrary to its orderly development;
(3)
Modification of the applicable standard will not result in a project
that is not in compliance with any pertinent City policy or criteria
adopted by ordinance or resolution of the City Council;
(4)
Modification of the applicable standard will not result in the authorization
of a use not otherwise allowed; and
(5)
Any other findings deemed necessary.
(Ord. 256 § 2, Exh. A, 1992; Ord. 614 § 4, 2017)
A variance from the application of the provisions of this title
may be requested as follows:
(a)
Application. A written application for variance shall be filed with the Planning Department on the form provided, accompanied by all graphic information required for application processing, and any additional information necessary to explain the request. Acceptance of the application is subject to Section 9-2.102.
(b)
Notice and Hearing. Following acceptance of a variance application as complete and completion of a staff report, the Planning Commission will conduct a public hearing on the variance request. The notice and scheduling of the hearing shall be pursuant to Section 9-1.110.
(c)
Action on a Variance. The Planning Commission shall approve, approve subject to conditions, or disapprove a variance as set forth in this subsection. Such decision shall be final unless appealed to the City Council as set forth in Section 9-1.111.
(1)
Findings of Disapproval. Disapproval shall be made when the Planning
Commission determines that the variance does not satisfy criteria
set forth in Government Code Sections 65906 and 65096.5 by finding
that:
(i)
The variance constitutes a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zoning
district in which such property is situated; or
(ii)
There are no special circumstances applicable to the property, including
size, shape, topography, location, or surroundings, which would, upon
application of this title, deprive the property of privileges enjoyed
by other property in the vicinity and in the same zoning district;
or
(iii)
The variance would authorize a use which is not otherwise allowed
in the zoning district; or
(iv)
The granting of such variance would, under the circumstances and
conditions applied in the particular case, adversely affect the health
or safety of persons, be materially detrimental to the public welfare,
or be injurious to nearby property or improvements.
(2)
Findings of Approval. Approval or conditional approval shall be granted
only when the Planning Commission determines that the variance satisfies
the criteria set forth in Government Code Sections 65906 and 65906.5
by finding that:
(i)
The variance authorized does not constitute a grant of special privileges
inconsistent with the limitations upon other properties in the vicinity
and zoning district in which such property is situated: and
(ii)
There are special circumstances applicable to the property, including
size, shape, topography, location, or surroundings, and because of
these circumstances, the application of this title would deprive the
property of privileges enjoyed by other property in the vicinity and
in the same zoning district; and
(iii)
The variance does not authorize a use which is not otherwise
authorized in the zoning district; and
(iv)
The granting of such variance does not, under the circumstances and
conditions applied in the particular case, adversely affect the health
or safety of persons, is not materially detrimental to the public
welfare, nor injurious to nearby property or improvements.
(3)
Conditions of Approval. In approving an application for variance, such conditions shall be adopted as are deemed necessary to enable making the findings set forth in Section 9-1.113(c)(2)9-1.113(c)(2). Any change in the conditions of approval of a variance shall only be allowed after following all procedures undertaken for the original approval.
(Ord. 68 § 9-1.113, 1983)
This title may be amended whenever the City Council deems that
public necessity, convenience, or welfare require.
(a)
Application.
Text amendments may be initiated by:
(1)
The City Council or Planning Commission upon its own motion; or
(2)
The City Council or Planning Commission upon acceptance of a request
from any interested party, including the Planning Director. Requests
shall be in writing and shall include a description of the benefit
to be derived as a result of the text amendment.
(i)
The City Council may refer a proposed text amendment to the Planning
Director and/or Planning Commission for response prior to deciding
whether to initiate the text amendment.
(b)
Planning Commission Notice and Hearing. The Planning Commission shall hold a public hearing on any proposed text amendment to this title after giving the public notice required by Section 9-1.110. The purpose of the hearing shall be to receive testimony from parties interested in the proposed text amendment, consider the recommendations of the Planning Director, and adopt a recommendation to the City Council. The Planning Commission shall submit a written recommendation to the City Council on the proposed amendment setting forth findings in support of the recommendation.
(c)
City Council Notice and Hearing. Upon receipt of the recommendation of the Planning Commission, the City Council shall hold a public hearing after giving the public notice required by Section 9-1.110. The City Council may approve, modify or disapprove the recommendation of the Planning Commission, provided that any modification of a proposed text amendment by the City Council not previously considered by the Planning Commission shall first be referred to the Planning Commission for report and recommendation. The Planning Commission is not required to hold a public hearing on such referral. Failure by the Planning Commission to report within 40 days after the referral shall be deemed approval of the proposed modification to the text amendment.
(Ord. 68 § 9-1.115, 1983)
The official zoning map may be amended changing a property or
properties from one zoning district to another whenever the City Council
determines that public necessity, convenience or welfare require:
(a)
Application.
Zoning map amendments may be initiated by:
(1)
The City Council or Planning Commission upon its own motion; or
(i)
The City Council may refer a proposed zoning map amendment to the
Planning Director and/or Planning Commission for response prior to
deciding whether to initiate the zoning map amendment.
(2)
The property owner, owner in escrow, or other designated representative
of the owner.
(i)
A written application for a zoning map amendment shall be filed with the Planning Department on the form provided accompanied by all graphic information required for application processing, and any other information deemed necessary to explain the request. Acceptance of the application is subject to Section 9-1.102.
(b)
Planning Commission Notice and Hearing. The Planning Commission shall hold a public hearing on any proposed zoning map amendment after giving the public notice required by Section 9-1.110. The purpose of the hearing shall be to receive testimony from parties interested in the proposed zoning map amendment, consider the recommendations of the Planning Director, and adopt a recommendation to the City Council. The Planning Commission shall submit a written recommendation to the City Council on the proposed zoning map amendment setting forth findings in support of the recommendation.
(c)
City Council Notice and Hearing. Upon receipt of the recommendation of the Planning Commission, the City Council shall hold a public hearing after giving the public notice required by Section 9-1.110. The City Council may approve, modify or disapprove the recommendation of the Planning Commission, provided that any modification of a proposed zoning map amendment by the City Council not previously considered by the Planning Commission shall first be referred to the Planning Commission for report and recommendation. The Planning Commission is not required to hold a public hearing on such referral. Failure by the Planning Commission to report within 40 days after the referral shall be deemed approval of the proposed modification to the zoning map amendment.
(Ord. 68 § 9-1.116, 1983)
The prezoning of unincorporated territory adjacent to the City shall be accomplished in the manner set forth in Section 9-1.115, except that such prezoning shall not become effective until and unless the annexation becomes effective.
(Ord. 68 § 9-1.117, 1983)
