City of Atascadero, CA Chapter 4 GENERAL SITE DESIGN AND DEVELOPMENT STANDARDS

§ 9-4.101 Purpose.

This chapter establishes standards for use in the design and development of land uses and buildings within the City. The purpose of these standards is to support, through careful site evaluation and design, the establishment of land uses in a manner that protects the public health, safety and welfare and supports the achievement of the objectives of the General Plan.

(Ord. 68 § 9-4.101, 1983)

§ 9-4.102 Applicability of the standards.

The standards of this chapter apply to all new land uses which are required to have a zoning approval pursuant to this title, except where the standards of Chapter 9-6 or Chapter 9-3 conflict with the provisions of this chapter, the more restrictive provisions prevail.

(Ord. 68 § 9-4.102, 1983; Ord. 671, 6/25/2024)

§ 9-4.103 Setbacks.

The following sections establish standards for the use and size of building setbacks. The purpose of these standards is to provide for open areas around structures where needed for: visibility and traffic safety; access to and around buildings; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and private recreation. These standards are organized as follows:

9-4.104 Exceptions to setback standards.

9-4.105 Use of setbacks.

9-4.106 Street setbacks.

9-4.107 Side setbacks.

9-4.108 Rear setbacks.

9-4.109 Interior setbacks and open areas.

9-4.110 Projections into required setbacks.

(Ord. 68 § 9-4.103, 1983)

§ 9-4.104 Exceptions to setback standards.

The minimum setback requirements of this title apply to all uses except the following (see also Section 9-4.110 of this chapter):

(a) Uncovered decks, terraces, steps, earthworks and other similar landscaping or design elements placed directly on finished grade that do not exceed an average height of 30 inches above the surrounding finished grade, provided that no such wood structure shall extend closer than 18 inches to a property line.

(Ord. 68 § 9-4.104, 1983; Ord. 232 § 2, 1991; Ord. 482 § 2, 2005)

§ 9-4.105 Use of setbacks.

Required setback areas are to be landscaped when required by Section 9-4.125 and shall be unobstructed by any building or structure. The use of setbacks for vehicle parking is subject to Section 9-4.116.

(Ord. 68 § 9-4.105, 1983)

§ 9-4.106 Street setbacks.

A street setback is measured at right angles from the nearest point on the property line to the building line. Setback landscaping and fencing standards are in Sections 9-4.125(a) and 9-4.128 of this chapter, respectively.

(a) A, RS, RSF, and LSF Zones. All residential uses shall have a minimum primary street setback of 25 feet, except as follows:

(1) Shallow Lots. The primary street setback shall be a minimum of 20 feet for any lot less than 90 feet deep.

(2) Flag Lots and Lots without Street Frontage. Determination of that portion of the site to constitute the required front yard within the flag shall be at the discretion of the applicant. The front setback of the flag of the lot shall be a minimum of 10 feet. The front setback within the accessway shall be as in subsection (a) of this section.

(3) Sloping Lot Adjustment. Where the elevation of the natural grade on a lot at a point 50 feet from the centerline of the adjacent street right-of-way is seven feet above or below the elevation of the centerline, a private garage may be located, at the discretion of the applicant, as close as five feet to the street property line, subject to the approval of an administrative use permit (Section 9-1.112 of this title), provided that portions of the dwelling other than the garage shall be established at the setback otherwise required.

(4) Variable Setback Block. Where a residential block is partially developed with single-family dwellings having less than the required primary street setbacks and no uniform setback is established, the primary street setback may be adjusted by approval of an administrative use permit (Section 9-1.112 of this title) at the option of the applicant, as follows:

(i) Prerequisites for Adjustment. Adjustment may be granted only when 25% of the lots on the block with the same frontage are developed and the entire block is within a single zone.

(ii) Allowed Adjustment. The normally required minimum primary street setback is to be reduced to the average of the primary street setbacks of the existing dwellings, which include attached garages but not detached garages, to a minimum of 10 feet.

(5) The Design Review Committee (DRC) may grant an exemption to the primary street setback requirement based on neighborhood compatibility for structures that meet the following criteria:

(i) Structures are no greater than 10 feet in height;

(ii) Structures do not exceed primary street setback area coverage of more than 50%;

(iii) Structures do not impair sight distances for vehicular traffic as reviewed by the City Engineer.

(b) RMF Zones.

(1) Primary Street Setbacks.

(i) El Camino Real and Morro Road. For properties with street frontage on El Camino Real or Morro Road, all residential units must have a setback of 15 feet. Subsection (g) of this section does not apply for any street frontage on El Camino Real or Morro Road.

(ii) All Other Primary Street Frontages. For properties with street frontage on all other streets besides El Camino Real or Morro Road, all residential units must have a minimum primary setback of 12 feet.

(2) Garages and Accessory Structures Street Setbacks.

(i) All garages or covered parking areas oriented toward the street must have a minimum setback of 20 feet from the street to which it is oriented.

(ii) All other accessory structures associated with the residential use must comply with subsection (b)(1) above.

(c) CN, CP, CR, CS, CT, CPK, IP and I Zones. No primary or secondary street setbacks are required.

(d) L, LS and P Zone. A minimum 10 foot primary street setback is required, provided that residential uses are subject to the setback requirements of subsection (a) of this section.

(e) Flag Lots. Any accessway adjacent to a public street shall be subject to the front setback requirements of subsections (a), (b), (c), and (d) of this section. Determination of that portion of the site to constitute the required front yard within the flag shall be at the discretion of the applicant. The front setback of the flag of the lot shall be subject to the side setback requirements of Section 9-4.107 of this chapter.

(f) Double Frontage Lots.

(1) Selecting the Setback Location. Where double frontage setback locations are not specified by subdivision requirements or other applicable regulations, the applicant may select the front setback street unless 50% of the lots on a double frontage block are developed with the same front yard orientation. In that case, all remaining lots are to orient their front setbacks with the majority.

(2) Double Frontage Setback Requirements. A full-front setback is to be provided adjacent to one frontage, and a setback of 1/2 the required front setback depth adjacent to the other frontage.

(g) Corner Street Setback (Corner Street Frontage). The primary street setback on the street side of a corner lot is to be a minimum of 10 feet from the property line.

(h) Establishment of Front Setback on Zoning Map. The Planning Commission may establish greater front setbacks than those required in this section by delineating the setback on the zoning map. Procedures specified by Section 9-1.115 of this title shall be followed in establishing such setbacks.

(Ord. 82 § 9-4.106, 1984; Ord. 68 § 9-4.106, 1983; Ord. 552 § 2, 2010; Ord. 578 § 1, 2013; Ord. 614 § 4, 2017; Ord. 660 § 5, 2022; Ord. 671, 6/25/2024)

§ 9-4.107 Side setbacks.

The side setback is measured at right angles to the side property line to form a setback line parallel to the side property line, which extends between the front and rear setback areas. The minimum side setback is to be as follows:

(a) A, RS, RSF, LSF and RMF Zones and Residential Uses in Commercial and Industrial Zones. All residential uses must have a minimum side setback of five feet, unless built as a common wall or zero lot line development. Exceptions:

(1) Access Easements. All access easements shall have a minimum setback of five feet, measured from the edge of the easement.

(2) Transition to Adjacent Rural and Single Family Uses. Where the side property line abuts a property in a RR, RS, RSF, or LSF zoning district, Section 9-4.130 (Transition to Adjacent Rural and Single Family Uses) applies.

(b) CN, CP, CR, CS, CT, CPK, IP, I and P Zones. No side setbacks are required, unless adjacent to property in the RR, RS, RSF, LSF zoning districts, in which case Section 9-4.130 (Transition to Adjacent Rural and Single Family Uses) applies. Ground floor residential uses are subject to the setback requirements of subsection (a) of this section.

(c) L and LS Zones. A minimum five foot side setback is required.

(Ord. 660 § 5, 2022; Ord. 646 § 11, 2021; Ord. 524 § 2, 2008; Ord. 303 § 2 (Exh. C), 1996; Ord. 68 § 9-4.107, 1983; Ord. 670, 3/12/2024; Ord. 671, 6/25/2024)

§ 9-4.108 Rear setbacks.

The rear setback is measured at right angles to the rear property line to form a setback line parallel to the rear property line.

(a) A, RS, RSF, LSF, and RMF Zones and Permitted Ground Floor Residential Uses in Commercial and Industrial Zones. All residential uses except for second story dwellings over commercial and industrial uses shall have a minimum rear setback of 10 feet, except as follows:

(b) CN, CP, CR, CS, CT, CPK, IP and I Zones. No rear setback is required in commercial or industrial zones, except as follows:

(1) Adjacent to an Alley. The rear setback shall be a minimum of five feet, except where the alley provides vehicular access to the interior of the building, in which case the setback shall be 10 feet.

(2) Adjacent to Residential Use Zone. Where the rear property line abuts a residential zone, no rear setback is required for buildings or portions of buildings which do not exceed 12 feet in height within 10 feet of the rear property line, except for the landscape buffer required by Section 9-4.130(j)(4). The rear setback must be a minimum of 10 feet for buildings or portions of buildings that exceed 12 feet in height, unless adjacent to property in the RR, RS, RSF, LSF zoning districts, in which case Section 9-4.130 (Transition to Adjacent Rural and Single Family Uses) applies.

(c) L, LS and P Zones. A minimum of 10 foot rear setback is required.

(Ord. 68 § 9-4.108, 1983; Ord. 98 § 1, 1985; Ord. 660 § 5, 2022; Ord. 670, 3/12/2024; Ord. 671, 6/25/2024)

§ 9-4.109 Interior setbacks and open areas.

Detached buildings located on the same site are to be separated as follows:

(a) Non-Habitable Structures. Minimum five foot setback required for enclosed structures. No minimum setback for open-sided structures.

(b) Habitable Structures. Minimum six foot setback required.

(c) Exemptions. The following structures are exempt from the provisions outlined in this section:

(1) Decks;

(2) Patio covers and landscape structures;

(3) Structures under 120 square feet when exempt from a building permit based on the adopted Building Code and consistent with the standards set forth in Section 9-6.106(b)(3);

(4) Similar accessory structures as determined by the Community Development Director.

(Ord. 68 § 9-4.109, 1983; Ord. 552 § 2, 2010; Ord. 635 § 5, 2020; Ord. 671, 6/25/2024)

§ 9-4.110 Projections into required setbacks.

(a) Uncovered Decks. When constructed with a height more than 30 inches above the surrounding finish grade, a wood deck may extend into required setbacks as follows (decks less than 30 inches high are exempt from these requirements). See Section 9-4.104(a):

(1) Front Setback. A deck is not to be located therein.

(2) Side Setback. As determined by the Uniform Building Code.

(3) Rear Setback. A deck may occupy up to 30% of a required rear setback, but is to extend no closer than three feet to the rear property line.

(b) Fire Escapes. A ladder or stairs designed to be used exclusively as an upper floor fire escape may project into a required setback only as provided by the Uniform Building Code.

(c) Roof and Wall Features. Cantilevered and projecting architectural features including chimneys, bay windows, balconies, cornices, eaves, rain gutter, signs (where allowed), display windows, and solar collectors may project into a required setback only as allowed by the Uniform Building Code.

(d) Porches.

(1) Front Porch. A covered front porch may project up to six feet into a required primary street setback (Section 9-4.106), provided that the floor level of the porch is to be no higher than the ground level of the building. An unenclosed front porch is not limited on its projection, provided it is 100 square feet or less in area.

(2) Side Porch. A porch and/or outside stairway may be located in a required side setback provided the porch is not roofed or enclosed below the steps and does not extend into the side setback more than allowed by the Uniform Building Code.

(3) Rear Porch. A porch in the required rear setback is subject to the same limitations as a deck, pursuant to subsection (a)(3) of this section.

(e) Flag Lots. Six foot fences shall be allowed within the front yard setback area, but in no case shall a six foot fence be allowed within an area connecting the required front yard setback areas for any adjoining lots. Trash enclosures may encroach into the front yard setback area but shall maintain a five foot setback from adjoining property lines and shall not be located within the access strip.

(Ord. 68 § 9-4.110, 1983; Ord. 82 § 9-4.110, 1984; Ord. 635 § 5, 2020; Ord. 671, 6/25/2024)

§ 9-4.111 Heights.

The purpose of the following sections is to limit the height of structures as needed to: support public safety; protect access to natural light, ventilation, and direct sunlight; support the preservation of neighborhood character; and to preserve viewsheds and scenic vistas. These standards are organized as follows:

9-4.112 Measurement of height.

9-4.113 Height limitations.

(Ord. 68 § 9-4.111, 1983)

§ 9-4.112 Measurement of height.

(a) Buildings and Structures. The height of a building or structure is to be measured as the vertical distance from the highest point of the structure to the average of the highest and lowest points where the exterior walls touch the finish grade.

(b) Fences, Walls, and Hedges. The measurement of heights for fencing, walls, arbors or hedges shall be subject to Section 9-4.128.

(Ord. 68 § 9-4.112, 1983; Ord. 646 § 11, 2021; Ord. 671, 6/25/2024)

§ 9-4.113 Height limitations.

The maximum height for new structures is as follows:

(a) Limitation by Zone.

Zone	Maximum Height
A, RS, RSF, LSF	30 feet
CN, CP, CR, CS, CT	35 feet
CPK, IP, I	45 feet
LS, L, P	35 feet
RMF	35 feet

(b) Exceptions to Height Limitations.

(1) Planning Commission Waiver. The height limitations of this section may be modified through conditional use permit approval, provided the Planning Commission first finds the project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties and that the modified height will not exceed the lifesaving equipment capabilities of the Fire Department.

(2) Height Adjustment. The height limitations specified by subsection (a) of this section may be adjusted for a single-family residential building in a single family residential zoning district to allow additional height, to a maximum of 35 feet, provided that the required side and rear setbacks are increased one foot in width for each foot of height over 30 feet. Additional height up to 40 feet may be granted by the approval of an administrative use permit (Section 9.1-112), provided that the required side and rear setbacks are increased one foot in width for each foot of height over 30 feet.

(3) Downhill Lot. Where the average front-to-back slope of a lot is greater than one foot of fall in seven feet of distance from the centerline of the street to the rear face of the proposed building, up to 10 feet may be added to the rear building face, which is to be excluded from the height measurement (Section 9-4.112).

(4) Uninhabited Structures. The height limits specified in subsection (a) of this section do not apply to the following structures (measurement of height is to be from the ground, as set forth in Section 9-4.112):

(i) Radio and television receiving antennas of the type customarily used for home radio and television receivers, when 50 feet or less in height.

(ii) Transmitting antennas used by licensed amateur (ham) radio operators when 50 feet or less in height.

(iii) Flagpoles 50 feet or less in height.

(iv) Grain elevators, silos, water tanks, windmills, wind generators, and all other similar structures not containing residential uses and located in the A, RS, CR, CS, CPK, IP and I Zones.

(v) Chimneys no more than 100 feet in height located in the CPK, IP and I Zones and all other chimneys and roof vents extending no more than two feet above the height limit specified in subsection (a) of this section.

(vi) Industrial towers, nonportable equipment and other uninhabited structures no more than 60 feet in height located in the CPK, IP and I Zones.

(vii) All portable construction equipment.

(viii) Public utility poles and structures for providing electrical and communications services.

(ix) Solar collectors not more than five feet above the height limit specified in subsection (a) of this section.

(x) Satellite receiving and similar communication dishes and devices in commercial and industrial zones, when no more than 10 feet above the maximum height in the zone.

(5) Architectural Projections/Features and Mechanical Equipment. The following structures and structural features for multifamily residential and mixed-use structures may exceed the height limits of this section provided the added features do not block solar access to adjacent properties, as follows:

(i) Nonhabitable architectural features. Nonhabitable architectural features may be allowed to exceed maximum heights by 10 feet including, but not limited to, varied roof forms, tower elements, and cupolas with the intent of encouraging creative building design, provided the feature is an integral part of the structure's architecture, materials, and style.

(ii) Rooftop Mechanical Equipment. Rooftop mechanical equipment and associated architectural screening may exceed maximum height limits by up to five feet provided the screening uses the same architectural style and materials as the primary structure, the screening does not use temporary materials, such as lattice, and the enclosure and equipment is set back a minimum of 10 feet from the building's edge or integrated into the building roof form.

(iii) Elevator Shafts and Stairways. An elevator or stairway to a rooftop deck/upper story open space may exceed the maximum height limits by up to 10 feet.

(Ord. 68 § 9-4.113, 1983; Ord. 454 § 3, 2004; Ord. 614 § 4, 2017; Ord. 646 § 11, 2021; Ord. 671, 6/25/2024)

§ 9-4.114 Parking and loading.

Parking and loading standards are intended to: minimize street congestion and traffic hazards; provide safe and convenient access to businesses, public services, and places of public assembly; and to make the appearance of parking areas more compatible with surrounding land uses. Parking and loading standards are in the following sections:

9-4.115 Off-street parking required.

9-4.116 Location of parking on a site.

9-4.117 Parking design standards.

9-4.118 Required number of parking spaces.

9-4.119 Parking lot construction standards.

9-4.120 Off-site parking.

9-4.121 Off-street loading requirements.

9-4.122 Drive-in and drive-through facilities.

9-4.123 Driveway standards for single-family residential uses.

(Ord. 68 § 9-4.114, 1983)

§ 9-4.115 Off-street parking required.

All uses requiring an entitlement shall be provided off-street parking as set forth in this section, except parking lots in the following situations:

(a) Compact Car Spaces. Lots with 20 or more spaces may substitute compact car spaces for up to 20% of the total number of spaces. Compact car spaces shall be a minimum of eight by 14 feet in size. Compact spaces shall be designated by painting the word "compact" or similar, on the surface of the space.

(b) Motorcycle Parking. Lots with 20 or more spaces may replace regular spaces with motorcycle spaces at a ratio of one motorcycle space for each 20 spaces. Motorcycle spaces shall be a minimum size of three by six feet. Motorcycle spaces shall be designated by painting the word "motorcycle," or similar, on the surface of the space.

(c) Bicycle Spaces. Lots with 20 or more spaces may substitute a bicycle rack providing space for at least five bicycles at a ratio of one bicycle rack for each 20 spaces. It is recommended that all shopping centers provide some bicycle spaces in the project.

(d) Parking District. Parking requirements may be modified within a parking district where the district provides adequate parking within the limits of the district and the parking requirements of a new use are accommodated by the parking district.

(e) Shared On-Site Parking Adjustment. Where two or more nonresidential uses are on a single site, the number of parking spaces may be reduced through administrative use permit approval (Section 9-1.112) at a rate of five percent for each separate use, up to a maximum of 20%; as long as the total number of spaces is not less than required for the use requiring the largest number of spaces.

(f) Shared Peak-Hour Parking. In addition to the reduction of required parking allowed by subsection (e) of this section, where two or more uses have distinct and differing peak traffic usage periods (for example, a theater and a bank), the required number of parking spaces may be reduced through conditional use permit approval, provided that the parking lots of each use are located within 300 feet of each other (as measured along the most direct pedestrian path). The amount of reduction may be up to 75% of the amount of spaces required for the most intensive of the two or more uses sharing the parking.

(g) On-Street Parking Adjustment.

(1) Subject to approval of an administrative use permit, multifamily residential and mixed-use developments may meet a portion of required guest parking with on-street parking along the site frontage. Where on-street parking is not marked, 22 lineal feet of curb space constitutes an on-street parking space. Where an on-street parking space is adjacent to multiple lots, the credit is given to the development on the lot whose frontage contains more than 50% of the parking space length.

(2) Where a proposed driveway from a street to a new parking area would eliminate on-street parking spaces equal to or greater in number than the off-street spaces required, the requirement for off-street spaces may be eliminated through administrative use permit approval (Section 9-1.112 of this title) where the access or proposed building cannot reasonably be redesigned to avoid a net loss of parking.

(h) Planning Commission Modification. The parking standards of this title may be modified through conditional use permit approval based upon specific findings of fact that the characteristics of a use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by this title and that reduced parking will be adequate to accommodate on the site all parking needs generated by the use.

(Ord. 68 § 9-4.115, 1983; Ord. 136 § 9-4.115, 1986; Ord. 578 § 1, 2013; Ord. 614 § 4, 2017; Ord. 671, 6/25/2024)

§ 9-4.116 Location of parking on a site.

Required parking spaces may be located as needed on a proposed site, subject to the design and construction standards of Sections 9-4.117 and 9-4.119 of this chapter and the following:

(a) Use of Primary Street Setback. Required parking spaces are not to be located within the required primary street setback (Section 9-4.106).

(b) Parking Between Front Property Line and Residential Buildings. For residential-only and mixed-use residential projects, parking spaces must not be located between the residential structures and the front property line. However, this configuration may be allowed with administrative use permit approval, provided the parking is constructed of pavers or integral color stamped concrete and based on a finding that superior outdoor common open space results from the parking configuration.

(c) Use of Side and Rear Setbacks. Side and rear setbacks may be used for vehicle parking. A minimum of five feet of landscaping is required on the street side of a corner lot between the property line and the parking area. This can be reduced to three feet when decorative concrete (integral color and stamped) or pavers are utilized, consistent with Section 9-4.125(b)(6).

(d) Garages for Multifamily Uses. Individual garages attached to and serving an individual residential unit are allowed as follows:

(1) Each garage must be no more than 14 feet wide and the garage door must be recessed five feet from the adjacent facade, with the following exception:

(i) First floor garages with units above are permitted to be up to a two-car garage (maximum interior dimensions of 24-feet by 24-feet) providing that garage doors face a parking lot and the unit entries face a shared amenity space or pedestrian sidewalk/walkway.

(2) Other required parking spaces, including required parking for the unit and guest parking, must be provided in a shared parking area.

(Ord. 68 § 9-4.116, 1983; Ord. 482 § 2, 2005; Ord. 660 § 5, 2022; Ord. 671, 6/25/2024)

§ 9-4.117 Parking design standards.

All off-street parking areas shall be designed and improved as set forth in this section.

(a) Parking Space and Aisle Dimensions. All off-street automobile parking spaces are to be a minimum of nine by 18 feet in size, except for compact car spaces, handicapped spaces, motorcycle spaces, and bicycle spaces (Section 9-4.115). Parking lot aisles shall be as follows:

(1) Angle Parking. The aisle dimensions for angle parking are to be based upon the angle and width of the parking space as set forth in the following chart. The use of a wider parking space enables reducing the aisle width, as shown.

Angle	Space Width (a)	Space to Curb (b)	Aisle1 (c)	Tier2 Width (d)
90 degree	8′ — 0″3	14′ — 0″	20′ — 0″	52′ — 0″
	9′ — 0″	18′ — 0″	24′ — 0″	60′ — 0″
	10′ — 0″	18′ — 0″	22′ — 0″	58′ — 0″
60 degree	8′ — 0″3	16′ — 0″	14′ — 0″	48′ — 0″
	9′ — 0″	20′ — 0″	18′ — 0″	58′ — 0″
	10′ — 0″	20′ — 8″	16′ — 0″	57′ — 4″
45 degree	8′ — 0″3	15′ — 6″	12′ — 0″	43′ — 0″
	9′ — 0″	19′ — 0″	16′ — 0″	54′ — 0″
	10′ — 0″	20′ — 0″	14′ — 0″	54′ — 0″

Notes:
1	Aisle widths for 45 degree and 60 degree spaces are one-way only.
2	Tier means 2 rows of parking spaces, plus an aisle.
3	Compact car spaces only, see Section 9-4.115(a) of this chapter.

(2) Parallel Parking. Space dimensions are to be nine by 22 feet. Aisle dimensions for parallel parking are to be 12 feet for one-way aisles, and 24 feet for two-way aisles.

(3) Access Drive Location. A driveway from a street to a parking area with two or more spaces is to be located and designed as follows:

(i) Distance from Street Corner. Parking area driveways are to be located a minimum of 50 feet from the nearest street intersection, as measured from the centerline of the driveway to the nearest travel lane of the intersecting street.

(ii) Number of Driveways. Entrance and exit driveways crossing the street property line of a single site are to be limited to two along the frontage of any single street except properties in excess of 500 feet of frontage may have one additional drive for each 250 feet. One-way driveways on the same non-single-family property are to be separated by a minimum of 60 feet. Two-way driveways on the same non-single-family property must be separated by a minimum of 145 feet if located on an arterial street and 95 feet if on a non-arterial street. Distance is measured from the centerline of the driveway(s).

(iii) Driveway Design. Driveways shall be designed to provide for entrance and exit in a forward direction and to avoid backing directly into public streets.

(iv) Reciprocal Access Driveways. Driveways that provide access to more than one residential or mixed-use residential project must provide a reciprocal access easement and may waive the landscaping required by Section 9-4.125(a)(6).

(4) Drop-Off Points Required. Parking areas for public assembly facilities shall include a designated on-site location for dropping off passengers at an entrance to the facility in advance of parking the vehicle. Drop-off points are to be provided for: hotels and motels; schools with 50 or more students; churches with a capacity of 100 or more; restaurants with a capacity of 50 or more customers; public transportation terminals; places of public assembly; public buildings; and offices larger than 5,000 square feet.

(5) Tandem Parking. Each space in a parking lot, area or garage is to be individually accessible, except that automobiles may be parked in tandem in the following situations:

(i) In a parking area serving a single-family dwelling or individual mobilehome where the tandem parking is not more than two cars in depth; provided that both spaces are for the same dwelling, and are not located in a required front setback.

(ii) In a public garage or public parking area where all parking is performed by attendants at all times, or for public assembly facilities and temporary events where user arrivals and departures are simultaneous and where parking is attendant-directed.

(iii) For all-day employee parking lots restricted to employee use, provided that required aisle widths are maintained, and no more than 50 percent of the employee spaces are designed for tandem use.

(b) Residential Garage and Carport Standards.

(1) Interior Dimensions.

(i) Single Car Garages and Carports. Parking spaces in a single-car garage or carport must have a minimum width of 12 feet and a minimum length of 20 feet.

(ii) Multi Car Garages and Carports. All parking spaces in a garage or carport intended for more than one vehicle must have a minimum width of 10 feet and a minimum length of 20 feet for each parking space. If the garage or carport sides are enclosed, one additional foot is required on each enclosed side.

(iii) Measurement. The minimum width and length must be measured from within the interior dimensions of the garage or carport.

(2) Single-car garage doors must have a minimum clearance width of nine feet, and double-car garage doors must have a minimum clearance width of 16 feet. No chain link doors or walls will be permitted.

(3) Garages for Multifamily uses. See Section 9-4.116(d).

(Ord. 68 § 9-4.117, 1983; Ord. 149 § 2, 1987; Ord. 671, 6/25/2024)

§ 9-4.118 Required number of parking spaces.

All land uses requiring approval under this title shall provide off-street parking spaces as specified in subsections (b) and (c) of this section:

(a) Use of Charts. The charts in subsection (c) of this section determine the number of parking spaces required for each use of land, as follows:

(1) Uses Not Listed. For uses not specifically listed in this subsection that do not have parking requirements set by Chapter 9-6, the same parking and loading space is required as for the most similar use of equivalent intensity; except where a use not listed requires conditional use permit approval, in which case the amount of parking and loading space required shall be as determined by the Planning Commission.

(2) Parking and Loading Intensity. Parking lot and loading bay intensity describes the rate of vehicle turnover in parking and loading areas. Turnover factors are assigned to each use by the charts in subsection (c) of this section. High intensity areas have rapid turnover; medium intensity areas are those where vehicles are parked from two to four hours; low intensity areas have minimum turnover and few repeat users, such as long-term and employee parking lots. Loading bay intensity is used in Section 9-4.121.

(3) Mixed Use Sites. Where a site contains more than one principal land use (such as a shopping center), the amount of parking required shall be the total of that required for each individual use, except as otherwise provided by Section 9-4.115.

(4) Mixed Function Buildings. Where a building occupied by a single use contains several functions, such as sales, office and storage areas, parking shall be as required for the principal use for the gross floor area (total area of all internal functions); except that when storage areas are larger than 2,000 square feet, the parking requirement is to be determined separately for those areas, as specified for warehousing.

(5) Assigned parking. For projects where a parking reduction is granted, assigned parking spaces are prohibited unless approved by the Community Development Director in conjunction with a parking management plan.

(6) Terms Used in Charts.

(i) Active Use Area. All developed areas of a site and buildings except storage, parking and landscaping.

(ii) Floor Area. Gross floor area within buildings.

(iii) Site Area. Gross site area.

(iv) Use Area. All developed areas of a site and buildings, except parking and landscaping.

(v) Number of Spaces. Where subsection (c) sets parking requirements based on building area (square footage), site or use area, the number of spaces is to be as set forth for each footage increment specified or fraction thereof.

(b) Company Vehicles. Commercial or industrial uses shall provide one parking space for each company vehicle which is parked on the site during normal business hours. Such space may be located within a building.

(c) Parking Requirements by Land Uses.

(1) Agricultural Uses. Except for the specific uses listed in this subsection, improved off-street parking and loading spaces are not required for an agricultural use, as long as sufficient usable area is provided to meet the parking needs of all employees, visitors and loading activities entirely on the site of the use.

Use	Parking Spaces Required	Parking Lot Intensity	Loading Bay Intensity
Ag. processing: packing and processing	1 per 1,000 s.f. of use area	Low	High
Wineries	1 per 1,000 s.f. of active use area and 1 per 3,000 s.f. of storage, and 1 per 100 s.f. of tasting room	Low/Medium	High
Animal husbandry, farm equipment and supplies	1 per 500 s.f. of floor area, and 1 per 1,000 s.f. of outdoor use	Low	Low

(2) Communication Uses. Broadcasting studios are to provide parking as required for offices (see subdivision (8) of this subsection). Transmission facilities are not required to have identified spaces, as long as sufficient usable area is provided to meet the parking needs of all employees entirely on the site of the use.

(3) Cultural, Educational, and Recreation Uses.

Use	Parking Spaces Required	Parking Lot Intensity	Loading Bay Intensity
Active Recreation Facilities
Amusement parks/fairgrounds	1 per 75 s.f. of use area	Medium	Medium
Arcades (games) and billiards	1 per 100 s.f. of floor area	Medium	N.A.
Bowling alleys	4 per lane	Medium	Low
Dance clubs	1 per 25 s.f. of dance floor	Medium	N.A.
Dance studios	1 per 200 s.f. of floor area	Low	N.A.
Golf courses	5 per hole plus any required for clubhouse uses	Low	N.A.
Golf driving ranges (separate from golf courses)	2 per tee	Low	N.A.
Miniature golf	2 per hole	Medium	N.A.
Skateboard parks	1 per 500 s.f. of use area	Medium	N.A.
Skating rinks	1 per 400 s.f. of use area	Medium	N.A.
Swimming pools (public or member)	1 per 100 s.f. of pool area, and 1 per 300 s.f. of deck area	Medium	N.A.
Tennis courts, racquetball	2 per court	Medium	N.A.
Libraries	1 per 500 s.f.	Medium	N.A.
Public Assembly
Exhibit facilities (including museums)	1 per 150 s.f. of exhibit floor	High	Low
Seated spectator facilities (including a church, theater, other auditoriums and meeting halls, sports assembly)	1 per 4 fixed seats, or 1 per 40 s.f. of spectator area if seats not fixed	High	Low
Schools
Preschools, day care	As required by Section 9-6.125.
Elementary and high school	As required by Section 9-6.125.
Business and vocational	As required by Section 9-6.125.
College and University	As determined by Planning Commission

(4) Manufacturing and Processing Uses. Parking lot turnover is low; loading by intensity is medium. Parking spaces are required as follows:

(i) One space per 500 square feet of active use area within a building; and

(ii) One space per 1,000 square feet of storage area within a building; and

(iii) One space per 2,000 square feet of outdoor active use area; and

(iv) One space per 5,000 square feet of outdoor storage area.

(5) Residential Uses.

Use	Parking Spaces Required	Parking Lot Intensity	Loading Bay Intensity
Single-family dwellings (including mobilehomes)	2 per dwelling, except 1 per dwelling is required where the site is less than 4,000 s.f. in area	N.A.	N.A.
Multifamily dwellings (including condominiums and other attached ownership dwellings)	Residential Parking 1 b.r. unit: 1.5 spaces 2 b.r. unit: 2.0 spaces each additional bedroom: 0.5 space	Low	N.A.
	Guest Parking 1 space per 5 units, or fraction thereof
Group quarters (including boarding houses, rooming houses, dormitories, and organizational houses)	1 per bed, plus	Low	N.A.
	1 per eight beds

(6) Resource Extraction. No improved parking is required, provided that sufficient usable area is available to accommodate all employee and visitor vehicles entirely on the site.

(7) Retail Trade Uses. Parking required for a retail use shall be a minimum of two spaces for each use or separate tenancy, except where more spaces are required as follows:

Use	Parking Spaces Required	Parking Lot Intensity	Loading Bay Intensity
Auto and vehicle dealers	1 per 400 s.f. of showroom, 2 per service bay, 1 per 3,000 s.f. of outdoor use area	Medium	Medium
Building materials and hardware, nurseries	1 per 500 s.f. of floor space, 1 per 3,000 s.f. of outdoor use area	Medium	Medium
Eating and Drinking Places
Restaurants and bars (on-site consumption. With dancing facilities, are also to meet dance club parking requirements)	Customer Spaces 1 per table, 1 per 2 counter stools, plus	High	Medium
	Employee Spaces 1 per 6 tables, 1 per 100 s.f. of kitchen
Fast food (includes drive-ins. If patron tables provided, use must also meet restaurant customer space requirement)	1 per 25 s.f. of kitchen	High	Medium
Food and beverage retail sales	1 per 200 s.f. of floor area, 1 per check stand	High	Medium
Furniture, home furnishings and equipment	1 per 500 s.f. of sales area, 1 per 1,000 s.f. of storage area	Low	Medium
General merchandise stores	1 per 300 s.f. of sales area, 1 per 600 s.f. of storage area	Medium	Low
Mail order and vending	1 per 1,000 s.f. of use area	Low	Low

(8) Service Uses. Parking required for a service use is to be a minimum of two spaces for each use or separate tenancy, except where more spaces are required as follows:

Use	Parking Spaces Required	Parking Lot Intensity	Loading Bay Intensity
Auto repair and service	4 per service bay, 1 per 1,000 s.f. of outdoor active use area	Medium	Low
Equipment rental	1 per 500 s.f. of floor area, 1 per 2,000 s.f. of outdoor use area	Medium	Low
Copying and reproduction	1 per 400 s.f. of floor area	Medium	Low
Contract construction services	1 per 500 s.f. of floor area	Low	Low
Correctional institutions	As determined by Planning Commission
Financial services	5 per teller window, 3 per service desk	High	Low
Health care	1 space per 200 s.f. of floor area	High	Low
Hospitals	1 per bed, 1 per office space	High	Low
Laundries and Dry Cleaning Plants	1 per 1,000 s.f. of floor area, plus 2 per office space	Low	High
Pick-up	2 per check stand	High	Low
Offices
Accounting, advertising, agencies, architecture, government, insurance, law, offices, real estate	1 per 400 s.f.	Medium	N.A.
Other offices	1 per 500 s.f. of floor area	Low	N.A.
Photography studios, commercial art studios	1 per 400 s.f. of floor area	Low	N.A.
Post offices	5 per service window, 1 per 500 s.f. of floor area other than customer area	High	High
Personal Services
Barbershops	2 per chair	Medium	N.A.
Beauty shops	3 per chair	Medium	N.A.
Dry cleaners	1 per 500 s.f. of floor area	Medium	Low
Funeral and crematory services	1 per 4 seats in each assembly room, 2 per office or 1 per 40 s.f. of floor area in assembly rooms, whichever is greater	Medium	Medium
Health spas	1 per 300 s.f. of floor area	Medium	N.A.
Laundromats	1 per 2 washers	High	N.A.
Other personal services	1 per 500 s.f. of floor area	Medium	N.A.
Public safety facilities	As determined by Planning Commission
Repair service (consumer)	1 per 400 s.f. of floor area	Low	Low
Waste disposal site	As determined by Planning Commission

(9) Transient Lodgings.

Use	Parking Spaces Required	Parking Lot Intensity	Loading Bay Intensity
Hotels, motels	2 spaces, plus 1 per unit, plus 1 per 10 units	High	Low

(10) Transportation Uses.

Use	Parking Spaces Required	Parking Lot Intensity	Loading Bay Intensity
Public utility terminals	None, provided sufficient usable area is available to accommodate all employee and visitor vehicles entirely on-site	Low	Low
Transit stations and terminals	1 per 20 s.f. of waiting area, 1 per 300 s.f. of office space; additional spaces as required for accessory uses (restaurants, etc.)	High	High
Truck stops	1 per 1,000 s.f. of use area for first 5,000 s.f., 1 per 3,000 s.f. of use thereafter	Medium	High
Vehicle and freight terminals	2 per loading bay, 1 per 300 s.f. of office space	High	High
Vehicle storage	None, provided sufficient usage area is available to accommodate all employee and visitor vehicles entirely on-site	Low	Low

(11) Wholesale Trade.

Use	Parking Spaces Required	Parking Lot Intensity	Loading Bay Intensity
Warehousing
Commercial storage	1 per 2,000 s.f. of use area for first 10,000 s.f., 1 per 5,000 s.f. of use area thereafter	Low	High
Ministorage	2 spaces for manager office	Low	Low
Wholesaling and distribution	1 per 1,000 s.f. of use area for first 10,000 s.f. of use area, 1 per 3,000 s.f. of use thereafter	Low	High

(Ord. 68 § 9-4.118, 1983; Ord. 136 § 9-4.118, 1986; Ord. 614 § 4, 2017; Ord. 635 § 5, 2020; Ord. 670, 3/12/2024; Ord. 671, 6/25/2024)

§ 9-4.119 Parking lot construction standards.

All parking areas containing three or more off-street parking spaces are to be improved as follows, except as otherwise provided by this section.

(a) Surfacing. All parking areas are to be surfaced with an asphalt, concrete, chip seal, or crushed rock surface, or similar, as specified in the following chart or as required by property development standards listed in this code. Where concrete or asphalt is required, brick or other masonry paving units may be substituted, including turf block. Where surfacing is intended to function as both emergency vehicle access and open space with appropriate amenities, surface must include pavers, integral color stamped concrete, masonry, brick, or permeable paving units.

Minimum Required Surface Parking Lot Turnover
Location	High	Medium	Low
Inside urban services line	Asphalt or concrete	Asphalt or concrete	Asphalt or concrete
Outside urban services line	Asphalt or concrete	Asphalt or concrete	Crushed rock or chip seal

(b) Lining and Marking. Parking spaces in paved parking areas shall be marked with paint striping, a minimum of two inches in width. Parking spaces in other types of lots may be identified by wheel stop barriers.

(c) Wheel Stops. Wheel stops or continuous concrete or asphalt curbing are required in all parking lots to define the perimeter of the parking area and to protect landscaping from vehicle encroachment. In addition, wheel stops are required for each parking space in a high turnover parking lot. Wheel stops shall be provided as follows:

(1) Materials and Installation. Wheel stops shall be constructed of concrete, continuous concrete curbing, asphalt, timber, or other durable material not less than six inches in height, or an approved functional equivalent. Wheel stops are to be securely installed and maintained as a safeguard against damage to adjoining vehicles, machinery or abutting property.

(2) Setback. Wheel stops or other vehicle barriers shall be located approximately three feet from the front of the parking space.

(3) Functional Equivalent. Wherever possible, functional equivalents in the form of raised sidewalks or curbs surrounding planters or similar may be used in lieu of wheel stops.

(d) Vertical Clearance. Covered parking spaces are to have a vertical clearance of at least seven feet six inches above the parking lot surface for all uses, except residential.

(e) Slope. The finished grade of a parking lot is not to exceed five percent slope, unless approved by an administrative use permit (Section 9-1.112 of this title).

(f) Landscaping. Shade trees are to be provided at a maximum spacing of 35 feet along parking rows, except shade trees are not required where solar panel covered carports are located. These landscaping requirements do not apply to parking lots that are underground or within buildings.

(g) Screening.

(1) From Residential Areas. Parking lots that abut a residential zone shall be separated from such property by a landscaping strip with a minimum width of five feet and a six foot high solid fence or wall.

(2) From Streets. Parking lots abutting a public street shall be separated from the street right-of-way by a landscaping strip with a minimum width of 10 feet; and, where parking spaces are arranged to head toward the street, by a minimum three foot high solid fence decorative wall or landscape equivalent located on the parking lot side of the landscaping strip.

(Ord. 68 § 9-4.119, 1983; Ord. 482 § 2, 2005; Ord. 614 § 4, 2017; Ord. 671, 6/25/2024)

§ 9-4.120 Off-site parking.

(a) Where it is not feasible to provide sufficient on-site parking, an administrative use permit (Section 9-1.112) may be granted to allow the required parking to be located off-site, provided that:

(1) The most distant parking space is not more than 400 feet from the use; and

(2) The site of the parking lot is in the same ownership as the principal use, or is under a recorded lease or similar agreement, with the use that provides that the parking will exist as long as the use it serves, unless the parking is replaced with other spaces that satisfy the requirements of this title; and

(3) The site of the parking is not located in a residential zone unless the principal use requiring the parking is allowable in a residential zone. Where any such principal use is subject to conditional use permit approval, the off-site parking shall be subject to conditional use permit approval.

(b) Where off-site parking is a conditionally allowed use in a multiple-family zoning district, the following criteria and minimum design standards shall be applied:

(1) The site for the proposed off-site parking shall be adjacent to the commercial use;

(2) The off-site parking shall be maintained for employee use only and shall be supplemental to the normally required parking provided on the commercial site;

(3) The off-site parking shall not be used to increase the density of commercial development normally allowed;

(4) All vehicular access to the off-site parking area shall be from the commercial site. No access to the off-site parking lot shall be taken from a residential street;

(5) A minimum of one-half (½) of the site shall be developed for residential use. The residential use shall be so situated that the off-site parking lot is not visible form the street. A minimum of one-half (½) of the allowable residential density shall be provided;

(6) The residential portion of the site shall be developed prior to use of the off-site parking facility;

(7) Site specific design standards such as landscaping, lighting, and security shall be established through the conditional use permit process.

(Ord. 68 § 9-4.120, 1983; Ord. 330 § 2 (Exh. B), 1997; Ord. 614 § 4, 2017)

§ 9-4.121 Off-street loading requirements.

Off-street loading bays are required as provided by this section, based upon the loading bay intensity determined by Section 9-4.118(c).

(a) Number of Bays Required.

Number of Bays Required Loading Bay Intensity
Use Area in Square Feet	High	Medium	Low
Less than 10,000	1	0	0
10,000 — 30,000	2	1	0
30,000 — 60,000	3	2	1
60,000 — 100,000	4	3	2
100,000 — 150,000	5	4	3
Each additional 50,000	1	0.5	0.25

(b) Adjustment to Number of Bays. The number of loading bays required may be adjusted (Section 9-1.112) to 50% of the required number when such bays are designed to serve two or more uses jointly, provided that each use has access to the loading zone without crossing public streets, alleys, or sidewalks.

(c) Use of Loading Bays. Loading bays shall not be used for repair work, vehicle storage, or to satisfy space requirements for off-street parking.

(d) Loading Bay Design Standards.

(1) Access. Each loading bay shall be accessible from a street or alley or from an on-site aisle or drive connecting with a street or alley. Such access may be combined with access to a parking lot if located so loading activities will not obstruct normal on-site parking and traffic flow. Loading bays shall be designed to preclude the necessity for maneuvering on a street or sidewalk.

(2) Setbacks. Loading bays are to be set back a minimum of 25 feet from any residential zone.

(Ord. 68 § 9-4.121, 1983)

§ 9-4.122 Drive-in and drive-through facilities.

This section establishes supplementary standards for retail trade or service uses which conduct business while customers remain in their vehicles. Such uses may include drive-through facilities that are accessory to a principal building where business is conducted indoors or that conduct all business by means of drive-through facilities. Such uses may include, but are not limited to, drive-in restaurants, fast food establishments with drive-through take-out windows, photo-finishing services, and bank services. These standards are not applicable to service stations (Section 9-6.164).

(a) Site Location Criteria. A site that contains drive-in or drive-through facilities shall be located on a collector or arterial, provided that access to drive-through facilities may be to a local street when properties across the local street from the exit driveway are not in a residential zone.

(b) On-site Traffic Control. Sites with drive-through facilities shall provide internal circulation and traffic control devices as follows:

(1) Lane Separation. An on-site circulation pattern shall be provided for drive-through traffic that separates such traffic from that of stopover customers. Separation may be by paint-striped lanes from the point of site access to the stacking area described in subdivision (2) of this subsection. such lanes are to be a minimum width of 10 feet.

(2) Stacking Area. An area shall be provided for cars waiting for drive-through service that is physically separated from other traffic circulation on the site. That stacking area shall accommodate a minimum of four cars per drive-through window in addition to the car(s) receiving service. Separation of the stacking area from other traffic shall be by concrete or asphalt curbing on at least one side of the lane. Stacking areas shall be designed to preclude excessive overflow into public streets.

(3) Directional Signals. Signs shall be provided that indicate the entrance, exit and one-way path of drive-through lanes.

(Ord. 68 § 9-4.122, 1983)

§ 9-4.123 Driveway standards for single-family residential uses.

Driveways for single-family residences shall be improved as follows in order to make adequate provision for access including that necessary for emergency vehicles:

(a) Surfacing. Private driveways with an average slope of 12% or more shall be surfaced with asphalt or concrete while private driveways with an average slope of less than 12% shall be provided with an all-weather surface. No driveway shall be allowed to exceed an average slope of 20% unless adjusted (Section 9-1.112) upon a determination that no other feasible alternative is available. Plan and profile drawings may be required by the Planning Director in order to determine the average slope.

(b) Width. Private driveways shall have a minimum width of 12 feet.

(c) Vertical Clearance. Private driveways shall have a vertical clearance of 14 feet.

(Ord. 68 § 9-4.123, 1983; Ord. 670, 3/12/2024)

§ 9-4.124 Landscaping, screening and fencing.

The purposes of landscaping, screening, and fencing standards are to: provide areas on sites which can absorb rainfall to assist in reducing storm water runoff; control erosion; reduce glare and noise; enhance the appearance of structures and property; provide visual privacy; consider the native flora and fauna; provide shade and reduce heat island effect; and screen buildings and associated nonstructural site elements to the extent practicable. Landscaping, screening and fencing standards are organized in the following sections:

9-4.125 Landscape standards.

9-4.126 Standards for landscaping materials.

9-4.127 Landscaping plans.

9-4.128 Fencing and screening.

9-4.129 Solid waste collection and disposal.

(Ord. 68 § 9-4.124, 1983; Ord. 671, 6/25/2024)

§ 9-4.125 Landscape standards.

(a) Where Required. The sites of all projects requiring approval, except for single family dwellings, are to be landscaped as follows:

(1) Setbacks. All setback areas required by Section 9-4.103 or Chapter 9-6 of this title, except where enclosed as a private yard and except where a required setback is traversed by a driveway or sidewalk;

(2) Unused Areas. All areas of a building site not identified on a site plan intended for a specific use or purpose, except enclosed private yards;

(3) Parking Areas. As required by subsections (f) and (g) of Section 9-4.119 of this chapter;

(4) Trash Enclosures. All trash enclosures shall be screened with landscaping unless built into the building or built in compliance with Section 9-4.129 (Solid waste collection and disposal);

(5) Street Trees. Minimum 15-gallon street trees shall be provided along all public and private street frontages. Number of trees shall be determined based on property frontage and required spacing. Rounding of non-whole numbers shall be per Section 9-1.109(b)(4).

(i) Street Tree Defined. Street trees shall be those trees planted between buildings and public rights-of-way, as part of a required landscape plan.

(ii) Downtown street trees shall be planted in accordance with adopted downtown streetscape standards.

(iii) Menu of Options. All projects shall provide street trees along street frontages between the public right-of-way and building face. Any street trees within the public right-of-way must be approved by the City Engineer. Projects may choose one of the options listed in Subsection a, b, or c to fulfill this requirement. Trees within the below listed tree size categories shall be those trees listed in the City's Engineering standard list, or as otherwise approved by the City based on similar size characteristics (height and spread) and appropriateness for urban planting.

a. Large Trees. Large Trees shall be planted within an unpaved planting area and in compliance with Section 9-4.126 as follows:

1. With a maximum spacing of 70 feet on center between trees;

2. With a three-foot minimum distance from back of sidewalk; and

3. With a 12-foot minimum distance to buildings on all sides.

4. Encroachment with flatwork for outdoor amenity spaces may occur provided that a minimum six-feet by six-feet open planter area is maintained.

b. Medium Trees. Medium Trees shall be planted within an unpaved planting area and in compliance with Section 9-4.126 as follows:

1. Within a maximum spacing of 40 feet on center between trees;

2. With a three-foot minimum distance from back of sidewalk; and

3. With an eight-foot minimum distance to buildings on all sides.

4. Encroachment with flatwork for outdoor amenity spaces may occur provided that a minimum six-feet by six-feet open planter area is maintained.

c. Accent Trees. Accent Trees shall be planted within an unpaved planting area and in compliance with Section 9-4.126 as follows:

1. Within a maximum spacing of 25 feet on center between trees;

2. With a three-foot minimum distance from back of sidewalk; and

3. With a five-foot minimum distance to buildings on all sides.

4. Encroachment with flatwork for outdoor amenity spaces may occur provided that a minimum four-feet by four-feet open planter area is maintained.

(iv) Tree Species. Tree species shall be consistent with the City's Engineering standard. Another comparable tree not on the City's Engineering standard list may be allowed, subject to the approval of the City Engineer and Community Development Director.

(v) Location. Street trees shall be planted outside of the public right-of-way unless approved by the Public Works Department.

(vi) Groupings. Naturalized tree groupings that total the same number of trees indicated in subsections (a)(5)(i)a.1 and (a)(5)(i)b.1 may be allowed for large and medium trees where warranted by unique site conditions, subject to the approval of the City Engineer and Community Development Director.

(vii) Installation. All trees within 10-feet of a public sidewalk or road surface shall be installed with a root barrier and deep root watering system.

(viii) Maintenance. Maintenance responsibilities shall be per AMC 4-6.04. All street trees must be maintained in a manner that allows the tree to reach its natural height and spread. The use of growth inhibiting substances or pruning practices is prohibited.

(ix) Removal and Replacement. Damaged or failing street trees may be removed provided replacements are provided within eight weeks of removal, unless otherwise approved by the Community Development Director.

(6) Special Use Sites. As required by Chapter 9-6 of this title for specific land uses, for the purposes of screening, buffering or general landscaping;

(7) Where Required by Conditions of Approval. As set forth in conditions of approval adopted pursuant to Section 9-2.110(b)(3)(ii);

(8) A minimum five foot landscape strip must be provided within the side yard setback of all commercial and multifamily project sites, except in locations where a reciprocal access easement exists with the adjacent lot or commercial building is located (see Section 9-4.117(a)(3)(iv)). This side yard width may be reduced to three feet if decorative concrete pavement is utilized.

(b) Exceptions to Required Landscaping.

(1) Agricultural Use. Except where required for a special use by Chapter 9-6 of this title, setback and unused area landscaping is not required where such areas are cultivated or maintained in native vegetation in association with agricultural uses.

(2) Planning Commission Modification. Where conditional use permit approval is required, the Planning Commission may modify the landscaping requirements of this section. If landscaping is decreased from the requirements listed above, findings must be made as follows:

(i) Existing vegetation, topography, or structural arrangement preclude the need for landscaping.

(ii) Use of decorative pavement material such as pavers or colored stamped concrete has been incorporated over a minimum of 25% of the paved area of the site;

(iii) The project includes installation of a variety of tree and plant materials, including ornamental species and native trees;

(iv) Minimum 15-gallon trees and shrubs are used throughout the project site.

(v) For multifamily developments, the project meets the minimum open space requirements of Section 9-3.262

(Ord. 68 § 9-4.125, 1983; Ord. 483 § 2, 2005; Ord. 671, 6/25/2024)

§ 9-4.126 Standards for landscaping materials.

Materials used and their installation and maintenance is subject to the following provisions, except single-family residences within a single-family residential zone:

(a) Allowable Materials. Landscaping shall include some combination of the following materials, where appropriate to achieve the intended or required purpose of the landscaping (e.g., screening, etc.) and must meet all Wildland Urban Interface (WUI) standards, as applicable:

(1) Trees (minimum 15-gallon size), shrubs (minimum one-gallon size), groundcover, noninvasive vines, flowers or lawns (drought-resistant plantings are preferred in order to minimize water use for landscaping).

(2) Nonliving landscaping materials, including, but not limited to, decorative pavement, mulch, decorative boulders, or other decorative materials in accordance with landscape coverage standards listed in Section 9-4.125 of this chapter;

(3) Natural features such as rock outcrops;

(4) Structural features, including fountains, ponds, walls, and fences.

(5) For multifamily residential projects, a pedestrian entry feature may be installed that exceeds the fence height standards but shall not exceed a maximum height of nine feet, width of eight feet, and depth of four feet.

(b) Excluded Materials. Landscaping proposed to satisfy the requirements of this title shall not include any plant materials which:

(1) Have root structures that in their mature state may damage or interfere with the normal use of existing public or private underground electrical lines, cables, or conduits, pipes or other underground structures; or public or private sidewalks, curbs, gutters or paved parking and turnaround areas, drainage improvements, or adjacent structures, foundations or landscape materials. For residential projects of two units or more, landscaping and planting plan must demonstrate landscaped area can accommodate proposed plant palette at full maturity;

(2) Will have diminished potential for survival because of proposed locations or grouping that does not satisfy the needs of the plant material necessary for healthy growth;

(3) Because of proposed location and type, will create a potential hazard of wildfire;

(4) Will obstruct the vision of vehicle operators or pedestrians at points of intersection between pedestrian and vehicular traffic (refer to engineering standard: Minimum Sight Distance for Driveways and Intersecting Roads with Stop Control);

(5) Are identified on California Department of Food and Agriculture list as noxious or invasive;

(c) Proper Maintenance Required. All required plantings shall be maintained in good growing condition, and in any case where a required planting has not survived, shall be replaced with new plant materials. All landscaping on site or planted along street frontage shall be maintained in a manner that allows trees to grow to their full natural height and natural canopy. No growth suppressants shall be permitted that result in stunting or modifying the natural growth pattern of the tree. A maintenance agreement may be recorded against the property in a form approved by the Community Development Director.

(Ord. 68 § 9-4.126, 1983; Ord. 482 § 2, 2005; Ord. 671, 6/25/2024)

§ 9-4.127 Landscaping plans.

The purpose of a landscaping plan is to identify the placement and type of plant materials as features of project design. By detailing the plantings and method of irrigation proposed, a landscaping plan provides an effective means for evaluating whether chosen plant materials will: survive in the climate and soils of a given site; satisfy the functional objectives of landscaping (such as erosion control, screening, recreational opportunities, and shade) within a reasonable time; and whether a proposed irrigation system will adequately support landscaping while conserving water. Landscaping plans shall be prepared, processed, and used as follows:

(a) Where Required. Landscaping plans are required for all commercial, mixed-use, and multifamily projects, except for agricultural uses not involving buildings and agricultural accessory buildings.

(b) Landscaping Plan Content. Landscaping plans are to be neatly and accurately drawn, at an appropriate scale, that will enable ready identification and recognition of information submitted. Where a project covers only a portion of a site, the landscaping plan need show only the areas where existing soil contours and vegetation will be disturbed by construction or use, or other areas where landscaping is required. Landscaping plans shall show the following details, in accordance with the applicable design standards:

(1) The location of all trees existing in or within 50 feet of areas proposed for grading or other construction. Trees proposed to be removed are to be identified (refer to Section 9-11.105 for tree removal standards);

(2) Any shrubs or plants identified as rare, endangered or critical by the San Luis Obispo County Native Plant Society;

(3) Proposed landscaping details, including the location, species, container size, and number of trees, shrubs and groundcover, and provisions for irrigation;

(4) Details and location of proposed fencing, entries, trash collection areas and freestanding signs;

(5) Walkways, plazas and sitting areas, play areas, including related street furniture and permanent outdoor equipment;

(6) Outdoor light fixtures, including their location, height and wattage;

(7) Irrigation system details, where an automatic irrigation system is proposed or required. Irrigation plan details shall include:

(i) A plan and schedule of equipment, including gate valve, backflow preventer, control valves, piping, sprinkler heads, meter size and location,

(ii) Water source, including type, size of service connection, flow in gallons per minute (GPM), static water pressure in pounds per square inch (PSI), and maximum pressure in PSI required to operate the irrigation circuit with the greatest pressure loss in the system.

(Ord. 68 § 9-4.127, 1983; Ord. 614 § 4, 2017; Ord. 671, 6/25/2024)

§ 9-4.128 Fencing and screening.

Standards for fencing and screening are established by this section to protect certain uses from intrusion, to protect the public from uses that may be hazardous, and to increase compatibility between different land uses by visual screening. Fencing is the enclosure of an area by the materials identified in subsection (c) of this section. Screening is the enclosure of an area by a visual barrier, which may include solid fencing or other materials, as specified in subsection (c) of this section.

(a) Fencing and Screening—Where Required. Within the urban services line, the uses and areas listed in this subsection shall be fenced and/or screened, as indicated. Unless otherwise specified, fencing and screening are to be a minimum height of six feet. Fencing and screening materials of a height greater than three feet shall not be located within a required primary, secondary, or corner street setback. All fencing must meet Wildland Urban Interface (WUI) standards, as applicable.

(1) Utility and Mechanical Equipment. When located outside of a building, support equipment, including all roof mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems but not including plumbing or exhaust vents, or chimneys, shall not exceed noise levels of 50dB at the property line and shall be screened to the height of the particular piece of equipment, as follows:

(i) Roof-Mounted Equipment. Mechanical equipment may be mounted on roofs, provided the equipment is concealed from the view of abutting streets with solid architectural features that are integrated into the overall architectural design, such as a parapet wall. Temporary and lattice materials must not be used.

(ii) Equipment at Grade. All exterior support equipment shall be screened or incorporated into the design of buildings so as to minimize visual impact from the public right-of-way or adjacent residential zones. Screening materials shall be consistent with the exterior colors and materials of the building or shall include evergreen landscaping that will grow to fully screen the equipment within six months of installation. This subsection does not apply to single-family residential uses.

a. Mechanical equipment located within three feet of a structure shall be fully screened with structural/architectural screening that matches the architectural style and materials of the adjacent structure.

b. Mechanical equipment that is set back more than three feet from a structure shall be fully screened with landscaping, except sides where access for maintenance is required. Proposed plant materials shall have the capability of achieving 60% of total view blockage within 18 months of planting, and 100% of total view blockage within 36 months of planting. Maintenance access sides shall be oriented away from the public way or any common open space area(s).

c. The Design Review Committee (DRC) may grant an exception to these requirements. In granting a request for an exception, the Design Review Committee (DRC) shall find that screening is infeasible due to health and safety or utility requirements.

(2) Outdoor Storage. To be screened on all sides by a wall or fencing.

(3) Public Utility Substations. To be screened on all sides in a manner that will provide an effective visual barrier as well as the necessary safety clearances required by order of the California Public Utilities Commission.

(4) Side and Rear Lot Lines. The side and rear property lines of all nonresidential uses are to be screened as follows:

(i) Adjacent to a Residential Use or Zone. A solid wall or fencing shall be located on side and rear property lines of any nonresidential or nonagricultural use abutting a residential use or zone.

(5) Swimming Pools. Yard areas with private swimming pools must be constructed per building code requirements.

(b) Exceptions to Fencing and Screening Requirements.

(1) Buildings Abutting Property Lines. Required screening or fencing may be omitted along any lot line where a building wall exists immediately abutting the lot line.

(2) Location Adjustment. Where property fencing or screening is required, the location may be adjusted by approval of an administrative use permit (refer to Section 9-1.112 of this title), so the fencing may be constructed at or within the setback line, provided the areas between the fence and the property lines are landscaped, or in rural areas, retained in their natural vegetative state.

(3) Planning Commission Modification. Any of the requirements of this section may be waived or modified through conditional use permit approval, provided the Planning Commission first finds that specifically identified characteristics of the site or site vicinity would make required fencing or screening unnecessary or ineffective.

(c) Standards for Fencing and Screening Materials. All fencing and screening shall be allowed as follows:

(1) Height. Fence and screen height shall be permitted as follows:

(i) RS/RR/RSF-Z/RSF-Y (with one acre net or larger) Zones.

a. Fencing within a required street setback may be up to five feet in height, provided that the top two feet remain a minimum of 80% visibility. The fence shall not impair safe sight distance for vehicular traffic nor result in any other potential adverse impact on human health and safety (refer to engineering standard: Minimum Sight Distance for Driveways and Intersecting Roads with Stop Control).

b. Fencing associated with agriculture type activities including, but not limited to, "deer fencing" and other fencing that is a minimum of 80% visible may be up to seven feet in height. Chain link fencing, wrought iron fencing, and any other decorative type of fencing is not considered "agriculture" type fencing for the purposes of this subsection.

c. Fencing within a required side or rear setback may be a maximum of six feet in height.

(ii) RSF-Y (less than one acre net) /RSF-X/LSF-Z/LSF-Y/LSF-X/RMF-10/RMF-20.

a. Fencing within a required primary or secondary street frontage setback may be a maximum of four feet in height.

b. Fencing within a required side or rear yard setback shall be a maximum of six feet in height.

c. Interior fences or landscape delineation between private yards and common open spaces within multifamily developments, including cottage clusters, shall comply with Section 9-4.130(k)(5).

d. Exterior fencing (along the original project site perimeter for cottage clusters and along the property lines for other multifamily projects) for multifamily residential projects shall be consistent in style, design, and materials throughout the project site and subject to any applicable additional standards of this section.

(iii) Residential Gates:

a. Gates are permitted in single-family residential zoning districts for private driveways.

b. Gates shall be setback a minimum of 20 feet from the right-of-way in accordance with engineering standards.

c. Gates shall be a maximum of twelve (12) feet in height and shall remain residential in nature.

d. Gateposts and other superstructures over site entrances and exits may be up to twelve (12) feet in height.

e. Gates shall comply with emergency access standards.

f. Gates shall not swing open toward the street unless the maximum swing is not closer than 16 feet from the edge of the right-of-way.

g. Gates or associated structures shall comply with minimum sight-distance standards.

h. A construction permit shall be required for all gates that exceed six feet in height or contain electrical components.

(iv) Height Measurement. Fence height shall be measured from the adjacent grade of the downhill side of the wall, fence, or hedge.

a. Where fences or walls are located on retaining walls or berms, the height of the retaining wall or berm shall be considered as part of the overall height of the fence or wall if the retaining wall or berm exceeds two feet in height.

b. If a retaining wall is terraced and separated by five feet of horizontal space or greater, they shall be considered individual walls for the purposes of measuring height.

(v) The Design Review Committee (DRC) may grant an exemption to the fence height requirement in setbacks adjacent to streets, to a maximum of six feet in height if proposed fence would be consistent with the neighborhood character and does not impair site distance for vehicular traffic, as reviewed by the City Engineer.

(vi) Permit to Exceed Height. A minor conditional use permit approval is required where fencing is proposed to be greater than six feet in height within or outside any required setback, with the exception of fencing described in subsection (c)(1)(i)(b) or subsection (c)(1)(a).

(2) Additional Fencing Requirements. All fencing shall also comply with the following standards:

(i) Transparency. Fencing within a required primary or secondary street setback shall have at least 50% transparency. The following designs and/or materials may be used: hog panel with wood frame, split rail, decorative iron, metal picket, wood picket, welded pipe rail with wire, or similar as approved by the Community Development Director.

(ii) Fence Materials.

a. The following designs and/or materials must not be used in any zoning district except as specified below for Industrial and Industrial Park Zoning designations: chain-link that does not comply with Section 9-4.128(c)(4)(ii), barbed wire, razor wire, plywood, particle board, paper, visqueen plastic, plastic tarp, cloth, or similar material, except that barbed, razor, or concertina wire fencing may be allowed as follows:

i. For agricultural fencing utilized in a low height four feet or less within a rural setting to enclose livestock.

ii. In the industrial and Industrial Park zoning districts, barbed, razor, or concertina wire is subject to approval of the Design Review Committee (section 9-2.107) if findings can be made that it will not negatively impact the health and welfare of the surrounding area and its appearance is consistent with surrounding properties and land uses.

b. Dog-eared fencing and electric fences for animal control must not be used in any zoning district except in single-family and agriculture zoning districts.

c. Wood fencing in any multifamily or non-residential development shall include a top and bottom rail.

d. Fence posts shall be metal or pressure treated wood.

(iii) Fencing around storm drainage basins:

a. Shall not exceed four feet;

b. Shall be at least 75% transparent; and

c. May be constructed of split rail or other natural materials that have horizontal material application.

(3) Screening Materials Substitution. Where screening is required to be a solid wall or fence, the following materials may be substituted subject to the approval of the Community Development Director, except where screening is required adjacent to a residential use or zone:

(i) Landscape Screen. Screening plant materials may be substituted for a wall or fence, where:

a. Proposed plant materials are certified in writing by a registered landscape architect as having the capability of achieving 60% of total view blockage within 18 months of planting, and 100% of total view blockage within 36 months of planting; and

b. The applicant agrees in writing to install solid fencing after the expiration of 36 months, in the event that the landscaping has not totally blocked the view of areas required to be screened.

(ii) Chain-Link Fencing. Vinyl-coated, chain-link fencing with evergreen landscape screen planting within a planting area at least three feet in width may be substituted for a solid wall or fence in commercial and industrial zones.

(Ord. 68 § 9-4.128, 1983; Ord. 482 § 2, 2005; Ord. 547 § 2, 2009; Ord. 554 § 2, 2011; Ord. 578 § 1, 2013; Ord. 614 § 4, 2017; Ord. 646 § 11, 2021; Ord. 660 § 5, 2022; Ord. 670, 3/12/2024; Ord. 671, 6/25/2024)

§ 9-4.129 Solid waste, recycling, and organics collection and disposal.

Within the urban services line, all land uses, except uses that do not create a need for solid waste pickup and disposal shall provide an enclosed area for the temporary storage of solid waste before disposal truck pickup, as required by this section.

(a) Application Content. Permit and entitlement applications shall include the location of solid waste collection areas, collection containers, and maneuvering areas for disposal trucks, including access driveways where necessary.

(b) Collection Area Standards.

(1) Required Facilities. The following facilities shall be required for each project type.

(i) Multifamily. Multifamily developments of two units or less may be served by a consolidated shared waste collection area or may be served by individual trash receptacles for each unit if the property frontage is greater than 50 linear feet. Multifamily developments with more than two units shall be served by consolidated common waste collection area(s).

(ii) Mixed-use. All mixed-use developments shall be served by consolidated common waste collection area(s) regardless of the number of units.

(iii) Commercial. All commercial developments shall provide a consolidated area(s) for solid waste collection.

(2) Location of Collection Facilities. The solid waste collection area(s) shall be located within 100 feet of the dwellings or buildings served, but is not to be located in any primary or secondary street setback (Section 9-4.106).

(i) Exception: For multifamily residential projects of two or more units, subject to an administrative use permit and compliance with the following standards, solid waste collection areas may be placed within a primary, secondary, or corner street setback:

a. Solid waste collection area shall be placed at least five feet from the primary street property line;

b. The project shall provide an additional Tier 1 amenity for open space (described in Section 9-3.262(c)(4)(i));

c. The solid waste collection enclosure shall be designed to include all of the following:

1. Shed, gabled, or trellis-style roof;

2. A walled in area utilizing the same solid primary or secondary siding materials as the multifamily structure; and

3. Installation of a minimum of five feet of landscaping surrounding non-entry portions of the structure; and

d. Tree spacing along property frontage in accordance with Section 9-4.125(a)(3).

(3) Enclosure Required. Solid waste collection areas shall be designed to accommodate dumpsters, cans, compost, and/or recycling containers adequate to serve the project and consistent with State law, and shall be screened from the view of public streets and adjoining properties by a solid fence or wall as high as the collection container, but not less than six feet in height.

(4) Enclosure Construction Standards.

(i) The floor or bottom surface of a solid waste collection area shall be of concrete or other impervious materials.

(ii) The collection shall have adequate vertical clearance, consistent with the solid waste removal service standards.

(5) Enclosure Construction Standards - Multifamily Residential and Mixed-Use Development. In addition to the above, the following standards apply to residential projects of two or more units:

(i) Enclosures shall be constructed of the same architectural design and materials of the primary structures on site, or shall be constructed of a darker earthtone textured block.

(ii) If located between a primary building and a street, enclosures shall be compliant with Section 9-4.129(b)(i).

(iii) Every trash enclosure for multifamily residential development shall have a noncombustible, overhanging trellis or roof cover designed to prevent precipitation from entering trash bins.

(iv) Enclosures shall have solid steel vehicular entry doors and one pedestrian door.

(v) Wheel stops or curbs shall be provided to prevent dumpsters from hitting walls of enclosure.

(Ord. 68 § 9-4.129, 1983; Ord. 671, 6/25/2024)

§ 9-4.130 Multifamily and mixed-use building design standards.

(a) Purpose. This section establishes objective design standards (ODS) intended to facilitate high-quality site planning and building design and to accelerate housing production through the clear communication of design objectives and efficient permitting process for qualifying residential and mixed-use development projects.

(b) Applicability. This section applies to:

(1) New multifamily residential development consisting of two or more units and mixed-use development pursuant to any provision of State law which references objective design standards, including, but not limited to, Government Code Section 65589.5 (Housing Accountability Act) and Section 65913.4, as may be amended from time to time; and

(2) The following remodels and additions to multifamily residential or mixed-use development:

(i) Any upper story addition;

(ii) An addition of more than 40% of the existing floor area or greater than 5,000 square-feet, whichever is less;

(iii) Remodels where alterations remove more than 50% of the exterior walls or remove more than 50% of the roof framing; and

(iv) Conversion of existing nonresidential space to a residential use.

(c) Alternative Review Process. Projects that elect to deviate from the objective design standards in this section shall be subject to the approval of a conditional use permit.

(d) Relationship to Other Standards and Requirements. Development projects subject to this section shall also comply with all other applicable standards and requirements of Title 9 (Planning and Zoning) for the zoning district in which a proposed project is located. Where a conflict exists between the objective design standards set forth in this section and other Title 9 requirements, these provisions shall apply.

(e) Building Types. The objective design standards establish regulations for the following general building types within a multifamily or mixed-use development: Mixed-use, Duplex, Triplex, Fourplex, Multiplex (5+ units), and Cottage Cluster. Where these regulations do not state which standards apply to a particular building type, the standards shall apply to all building types.

Table 9.4.130-1: Allowable Building Type by Zoning District
Zoning Districts that Allow Multifamily Residential	Allowable Building Types
Downtown Commercial (DC)	Mixed-use
Downtown Office (DO)
Commercial Neighborhood (CN)
Commercial Professional (CP)
Commercial Retail (CR)
Commercial Service (CS)
RMF-24 — High-Density Residential Multifamily	Duplex/Triplex/Fourplex Multiplex (5+ units)
RMF-10 — Medium Density Residential Multifamily	Duplex/Triplex/Fourplex Multiplex (5+ units)/ Cottage Cluster

(f) Building Design and Articulation.

(1) Number of Strategies Required by Building Type. All buildings shall incorporate the number of design strategies indicated in Table 9-4.130-2. Where "all" is indicated, all design strategies in that subsection must be incorporated. Where a number is indicated, projects must include that number of design strategies, choosing from the design strategy options listed in respective subsections (f)(3), (4), and (5) below.

Table 9-4.130-2: Minimum Required Number of Design Strategies by Building Type
Building Type	Minimum Number of Required Design Strategies Incorporated
	Tier 1	Tier 2	Tier 3	Tier 4
Mixed-use in Commercial Zones:
Buildings 25 ft or less in width	All	0	3	1
Buildings between 25 ft - 50 ft in width	All	1	3	1
Buildings more than 50 ft in width	All	2	3	2
Mixed Use in DC or DO Zones
Buildings 25 ft or less in width	All	0	3	1
Buildings between 25 ft - 50 ft in width	All	1	3	1
Buildings more than 50 ft in width	All	2	3	1
Multiplex (5+ units):
Buildings 50 ft or less in width	All	1	3	2
Buildings more than 50 ft in width	All	2	3	2
Duplex, Triplex, Fourplex, or Cottage Cluster	All	0	2	1

(2) Tier 1 Design Strategies: Required Components. Projects shall comply with all standards listed in this subsection, as required by Table 9.4.130-2.

(i) Minimum Ground Floor Height in Nonresidential Zoning Districts.

a. Ground Floor Height. The minimum floor-to-unfinished ceiling height of ground floor spaces shall be 10 feet.

b. Measured. Floor-to-ceiling height shall be measured from the top of the finished floor to the bottom of the ceiling joists.

(ii) Transparencies. All façades that face streets or pedestrian plazas shall incorporate windows and openings providing light to adjacent spaces, rooms, and uses as follows:

a. Nonresidential Ground-Floor Uses.

1. Windows and openings of nonresidential uses on the ground floor facing primary streets shall constitute a minimum of 30% of the ground floor street-facing building facade.

2. Windows and openings of nonresidential uses on the ground floor facing a street other than a primary street shall constitute a minimum of 20% of the ground floor street-facing building facade.

Figure 4-a: Transparencies

3. Windows shall provide a clear and transparent view into ground-floor nonresidential uses, or shall display merchandise to reinforce a pedestrian scale. See subsection (i)(2)(ii) of this section regarding allowed tinting.

4. The ground floor street-facing building façades shall be measured from the ground floor of the first story to the finished floor of the second story.

b. Nonresidential Upper-Floor Uses. Windows and openings of nonresidential uses on upper floors that face streets shall constitute a minimum of 15% of upper floor street-facing building façades. Upper-floor street-facing building façades shall be measured from the finished floor of the second story to the finished ceiling of the uppermost story.

c. Residential Uses. Windows and openings of residential uses shall constitute a minimum of 15% of all street-facing and common area facing building façades.

(iii) Windows. A minimum of 80% of windows (based on window square footage) shall be inset by at least two inches from face of glass to face of trim (or to face of exterior wall if there is no trim).

(iv) Blank Walls. The maximum length of any blank wall that is visible to adjacent properties or rights-of-way, (meaning without a window, opening, or other massing break), shall be limited to 20 feet in length, applicable to each story of any development.

(v) Corner Treatments. For mixed-use projects, the corner(s) of a building located at the intersection of two streets (or a street and a public plaza) shall incorporate at least two of the features listed below within 25 feet of the corner of the building:

a. An entry to ground floor retail or primary building entrance.

b. Change in material from the rest of the facade, applied to a minimum of 80% of the building height. See subsection (i)(1) of this section.

c. Change in color from the rest of the facade, applied to a minimum of 80% of the building height. Colors shall be returned at least four feet from exterior corners or dead end into a projecting or recessed massing break on the perpendicular wall, whichever is less. (This option may not be chosen as one of the two required features if a change in material is chosen as the other required feature.)

d. Change in fenestration pattern from the rest of the façade, applied to a minimum of 80% of the building height.

e. A three-dimensional tower element, which extends between three and six feet in height above the top of the adjacent building façades or a change in height of at least four feet above or below the height of the abutting adjacent facade; and/or

f. A different roof type from the roof type associated with the abutting adjacent façade. See subsection (g)(3) of this section.

(3) Tier 2 Articulation/Design Strategies: Wall Plane Variation. All façades facing the public right-of-way shall include variation that cumulatively equals at least 25% of the total façade plane area that faces the public right-of-way. To achieve the 25% wall plane variation, projects shall incorporate, at a minimum, the number of design strategies identified in Table 9.4.130-2 for Tier 2, choosing from the list of design strategies in subsection (f)(3)(i).

(i) Menu of Wall Plane Variation Design Strategy Options.

a. Plaza or Forecourt. Provide a plaza or forecourt framing the entrance. The minimum dimensions of a plaza or forecourt shall be a minimum of 12 feet in depth by 20% in length, measured as a percentage of the building façade's length.

b. Upper Story Stepback. Provide an upper story (top-most or all stories above ground floor) front stepback, a minimum of eight feet in depth by at least 15% in length of the primary street-facing building façade.

c. Balconies. Provide balconies in compliance with subsection (g)(2) of this section, which may be recessed or projected.

d. General Massing Break. Provide a general massing break (recessed or projected) with minimum dimensions of one foot in depth by three feet in length by eight feet in height.

e. Full Brick Facade. Brick or brick veneer shall cover at least 90% of the total nontransparent facade, allowing 10% for trim and accents. For building façades less than 50 feet in length, if all façades fronting the public right-of-way are finished with brick or brick veneer, the project is exempt from the 25% wall plane variation requirement indicated in subsection (f)(3) of this section. See also subsection (i)(1)(ii) regarding returning materials at corners.

Figure 4-b: Wall Plane Variation Options

Figure 4-c: How to Measure Wall Plane Variation

(ii) Vertical Elements on Horizontal Buildings. Buildings wider than 50 feet shall include at least one Tier 2 design strategy that adds a vertical element to offset the horizontal width of the building. The vertical element shall be taller than it is wide.

Figure 4-d: Vertical Elements

(iii) Wall Plane Variation Projections into Front Setbacks. Up to 50% of the wall plane variation requirement shall be allowed to encroach into a required front setback two feet or more beyond the required front setback. However, in no case shall a building encroach into the public right-of-way.

Figure 4-e: Projections into Front Setbacks

(iv) Measurement. Wall plane variations shall be measured from the building's ground-floor footprint, regardless of the setback.

(4) Tier 3 Articulation/Design Strategies: Fenestration and Materials. Projects shall incorporate, at a minimum, the number of design strategies identified in Table 9.4.130-2 for Tier 3, choosing from the following list of design strategies:

(i) For nonresidential uses, provide awnings with a minimum three-foot depth, covering at least 75% of windows and doors on the ground floor (see subsection (g)(1)) on street facing façades.

(ii) Exceed all applicable minimum transparency requirements (per subsection (f)(2)(ii)) by an additional five percentage points on façades facing streets and common open space areas.

(iii) Window trim, with a minimum width of three and one-half inches and depth of three-quarters of an inch, applied to 100% of all windows on façades facing streets and common open space areas.

(iv) Window frame material that is not white vinyl (all windows).

(v) Lintels applied over at least 50% of all window and door openings on façades facing streets and common open space areas.

(vi) Windowsills projecting a minimum of two inches beyond the building facade, applied to at least 50% of all window openings on façades facing streets and common open space areas.

(vii) Decorative trim materials applied to define a facade plane change between stories (not at the roof level) such as molding, cornice, corbeled end beams, and/or rafter tails, projecting a minimum of 18 inches beyond the building facade and running the length of the facade plane change, which shall be applied to no less than 50% of the street-facing facade length.

Figure 4-f: Decorative Trim

(viii) Post and beam supports, with a minimum dimension of six inches, applied under all balconies.

Figure 4-g: Post and Beam Supports

(ix) Use of a secondary cladding material that is different from the primary cladding material as follows (see subsection (i)(1) of this section for materials requirements):

a. Duplex, Triplex, Fourplex, or Cottage Cluster. Secondary cladding material applied for a minimum of 10% of any street-facing facade area (excluding windows and doors), or four feet of cladding along the base for the full width of the street-facing facade.

b. Multiplex and Mixed Use. Secondary cladding material applied for a minimum of 25% of any street-facing facade area (excluding windows and doors), or the first story of the street-facing facade (measured from the finished floor of the first story to the finished floor of the second story).

(5) Tier 4 Articulation/Design Strategies: Roofs. Development projects subject to this section shall implement the number of components listed in Table 9.4.130-2 (Minimum Required Number of Articulation/Design Strategies by Building Type) for Tier 4 (Roofs), choosing from the following list of strategies:

(i) Eaves and rakes, with an 18 inch minimum projection, on all roof sections.

(ii) Corbeled end beams or rafter tails at eaves, projecting a minimum of 16 inches beyond the building facade and placed at a distance of between two and three feet between each corbeled end beam/rafter tail, for the length of each roof eave.

(iii) A cornice either:

a. Projecting a minimum of one inch and a maximum of eight inches, extending the length of the building except for areas with a continuous vertical feature; or

b. On an all brick building, a soldier row.

(iv) Variation in the roof profile, by either:

a. Varying the height of the same roof type by at least 18 inches in height for one to three unit exposed on that elevation;

b. Varying the pitch of the same roof type by 15%;

c. Adding gables, equal to at least 40% of the facade length.

Figure 4-h: Gables

(v) Combining more than one roof type; the secondary roof type shall represent at least 15% of the total roof line. See subsection (g)(3) of this section for roof standards. Implementation of this option may also be used to comply with subsection (f)(2)(v)(f) of this section if applied at a corner.

(vi) Dormers applied to at least 50% of the windows of a street-facing upper floor, but no less than two windows.

(g) Requirements for All Awnings, Balconies, Roofs, Mechanical Equipment, and Detached Accessory Structures. The following standards shall apply to all awnings, balconies, roofs, mechanical equipment, and detached accessory structures:

(1) Awnings.

(i) Awnings shall be a minimum of five percent larger than the width of the opening to emphasize building proportions.

(ii) Awnings shall be aligned with awnings on adjacent buildings within plus or minus one foot in height unless the ground-floor elevation is more than plus or minus one foot from other buildings due to topography changes.

(iii) Awnings shall be constructed of canvas, wood, or metal.

(iv) Awnings or canopies may encroach into the public right-of-way over the sidewalk, extending to a distance within two feet from the face of a curb. Any awning that encroaches into the public right-of-way shall maintain a minimum vertical clearance above the sidewalk of eight feet as measured from grade.

(2) Balconies.

(i) When private balconies project from a building facade, the maximum depth shall be 10 feet, measured from the building's ground-floor footprint.

(ii) To count toward required open space, balconies shall be a minimum of six feet in width and four feet in depth, and eight feet in height. Balconies that do not meet these minimum dimensions may still be used as a design strategy to meet Tier 2 minimum requirements per Table 9-4.130.2.

(iii) When balconies project into the public right-of-way, such balconies shall maintain a minimum vertical clearance above the sidewalk of 16 feet.

Figure 4-i: Balcony Project/Recess

(3) Roofs.

(i) Allowed Roof Types. Roofs shall be one of the following types:

a. Gable;

b. Flat;

c. Shed; or

d. Hipped.

(ii) Regulations for Flat Roofs. Flat roofs, applied as either a primary or secondary roof type, are allowed provided they incorporate at least one of the following:

a. A cornice, projecting a minimum of four inches and a maximum of eight inches, extending the length of the flat roof.

b. Eaves with an 18 inch minimum projection, extending the length of the flat roof.

c. For buildings with a full brick facade in compliance with subsection (f)(3)(i)(e), use of a soldier course on the topmost row (perpendicular to the rest of the field), as a border treatment.

(iii) Regulations for Gable Roofs. Where the nonvertical side of a gable roof faces the street or a common area, additional gables equal to at least 25% of the facade length are required along the street-facing or common area facing side. If no additional gables are provided, the vertical side of a gable shall be oriented toward the street.

(iv) Regulations for Shed Roofs. Shed roof types, applied as either a primary or secondary roof type, shall be subject to the following standards:

a. A pitch of at least two in 12; and

b. Eaves with a two foot minimum projection, extending the length of the shed roof.

(v) Prohibited Roof Types. Mansard roof types are prohibited.

(4) Mechanical Equipment. Mechanical equipment shall be screened pursuant to Section 9-4.128 (Fencing and screening).

(5) Detached Accessory Structures. Detached accessory structures shall be designed to be consistent with the architecture of the main building, using the same materials and colors.

(h) Entryway Standards.

(1) Allowable Entryway Types by Building Type.

(i) All building designs shall incorporate at least one of the entryway types allowed for that building type, as identified in Table 9.4.130-3 and described in subsections (h)(2) and (3) below.

Table 9.4.130-3: Allowed Entryway Types by Building Type
Building Type	Entryway Type
	Shopfront	Arcade	Stoop/Porch
Mixed-use	Allowed	Allowed	-
Multiplex (5+ units)	-	Allowed	Allowed
Duplex, Triplex, Fourplex, or Cottage Cluster	-	-	Allowed

(2) Requirements for All Entryway Types.

(i) Entries associated with individual ground-floor dwelling units or a lobby entrance serving several units shall be oriented toward a street or internal pathway/courtyard.

(ii) Within vertical mixed-use buildings, pedestrian access to the residential uses shall be separate from access points to commercial uses, such as via a lobby.

(3) Standards for Individual Entryway Types.

(i) Shopfront Entryway Requirements.

Table 9.4.130-4: Shopfront Entryway Elements

a. A shopfront entry may be recessed or in line with building footprint.

b. Storefront glass must be clear without reflective coating and must comply with subsection (i)(2)(ii) of this section.

c. Glass in transom and clerestory windows may be clear, stained glass, or frosted glass.

d. Doors shall use the same materials and design as display windows and framing.

e. Bulkheads, where used, may include any of the following materials: ceramic tile, wood panels, polished stone, or glass tile.

f. Awnings shall comply with subsection (g)(1).

Figure 4-j: Shopfront Entry

(ii) Arcade Entryway Requirements.

Table 9.4.130-5: Arcade Entryway Elements

a. Along primary frontages, arcade column spacing shall correspond to building entries.

b. Column height shall be between four to six times the column width. Column spacing and colonnade detailing, including lighting, shall be consistent with the style of the building to which it is attached.

c. If applied to a stand-alone residential building, an arcade's elevated walkway shall not count as a design strategy to meet the wall plane variation requirements of subsection (f)(3) of this section.

Figure 4-k: Arcade Entry

(iii) Porch Entryway Requirements.

Table 9.4.130-6: Porch Frontage Elements

a. Porches shall correspond directly with the building entry(s) to which the porch provides access. Porches may include a gabled entry, distinct change in roof line or columns, or have some other significant architectural distinction to define the entryway.

b. Exterior stairs leading to the porch may be perpendicular or parallel to the adjacent sidewalk.

c. Landscaping shall be planted to the sides of the landing, either at grade or in raised planters. For porches greater than 6 feet in width, landscaping may be provided next to the porch or on the porch landing, either at grade or in raised planters.

d. For projecting porches, porch depth shall be measured between the wall and the outside column face. Porch width shall be measured from the outside of corner columns. Where no columns exist (in the case of a cantilever or half wall), porch width and depth shall be measured from the edge of any stoop and the inside edge of any half wall.

e. For recessed porches, porch depth shall be measured between the recessed portion of the wall and the ultimate building facade. Porch width shall be measured between the walls, with no point being less than the required minimum width.

Figure 4-l: Projecting Porch Entry

Figure 4-m: Recessed Porch Entry

(i) Building Materials and Colors.

(1) Exterior Wall Building Materials.

(i) Allowed and Prohibited Exterior Wall Materials. Table 9-4.130-7 identifies allowed and prohibited exterior building wall materials.

Table 9-4.130-7: Exterior Wall Building Materials
Wall Materials	Standard	Additional Regulations
Brick (including brick veneer)	P
Stone (unpainted)	P	Veneer (not panels)
Stucco	P	Fine sand or hand troweled only
Finished wood, wood veneer, engineered wood, wood siding	P
Fiber cement siding and panels	P
Plaster (rated for outdoor use)	P
Metal (standing seam, coreten, or corrugated)	P	If colored, must be factory powder coated and not applied after market.
Exterior Insulation Finishing System (EIFS)	P
Concrete (poured in place or precast)	S
Ceramic tile	S
Glass (transparent spandrel)	A
Glass (block)	A
Vinyl	N
Plastic	N
Gloss tiles	N
T-111 Plywood	N
Rough stucco	N

P: Primary or secondary material

S: Secondary or accent material only

A: Accent material only

N: Not allowed/prohibited

(ii) Veneers and Secondary Cladding Materials. Veneers and secondary cladding materials shall be returned at least four feet from exterior corners or dead end into a projecting or recessed massing break on the perpendicular wall, whichever is less.

(iii) Application Requirement. Detailed drawings shall indicate how sheet or panelized materials will be joined, and how lines formed by control joints related to other architectural details shall be provided.

(2) Windows and Doors.

(i) Mirrored glass is prohibited.

(ii) Dark tinted glazing is prohibited; lightly tinted glazing that is less than 15% and low emissivity is acceptable.

(iii) Simulated divided lites are prohibited.

(3) Cornices. Exterior decorative molding and cornices constructed with polyurethane foam are prohibited.

(4) Color Variety.

(i) The number of colors appearing on the entire building wall exterior shall be at least two and not more than four (or four tones of the same color), including trim and accent colors. A different color roof shall not count as a different color for the purposes of this subsection.

(ii) Certain materials (such as brick or stone) have distinct coloring in their natural state and shall count as an element of color, to be incorporated into the overall design.

(j) Transition to Abutting Rural and Single Family Uses. Where the side or rear property line abuts a property in the RR, RS, RSF, or LSF zoning districts, the following standards shall apply.

(1) Minimum Setback. Multiplex (5+ units) and Mixed-Use with five units or more shall be setback at least 10 feet from the abutting RR, RS, RSF, or LSF zoning district property line.

(2) Upper Story Stepback/Building Setback. Multiplex (5+ units) and Mixed-Use with five units or more shall comply with one of the following:

(i) Upper Story Stepback. For buildings within 15 feet of an abutting RR, RS, RSF, or LSF zoning district, a minimum six-foot stepback shall be provided on any of the portions of the building above 25 feet, applied to the facade of the building that faces the abutting RR, RS, RSF, or LSF zoning district; or

(ii) Building Setback. Alternatively, the entire building may be set back at least 15 feet from the abutting RR, RS, RSF, or LSF zoning district property line.

Figure 4-n: Upper Story Stepback

Figure 4-o: Building Setback

(3) Balcony Orientation. Balconies on buildings visible from and within 30 feet of the adjacent RR, RS, RSF, or LSF zoning district shall not be oriented toward the adjacent RR, RS, RSF, or LSF zoning district property line.

(4) Landscape Buffer. A minimum five-foot-wide landscape buffer (clear of any wall footings) shall be provided adjacent to a RR, RS, RSF, or LSF zoning district. Evergreen screening trees shall be:

(i) Planted at a minimum interval of 15 feet along interior property lines abutting an RS, RSF, or LSF zoning district;

(ii) Consist of species that attain a 20-foot minimum height at maturity; and

(iii) Minimum 15-gallon size at time of planting.

(5) Screening Wall. A solid wall or fence not less than six feet in height shall be placed and maintained on interior lot lines abutting property zoned for single-family residential use.

(k) Additional Standards for Mixed-use.

(1) Ground Floor Space. Ground floor residential-serving spaces shall be limited to essential residential amenities including lobbies, mail areas, access to units, bicycle storage, and mechanical equipment, and shall not include gyms or other common interior gathering or recreation areas.

(2) Mailboxes. In mixed-use developments, separate mailboxes and package delivery/pick-up areas shall be provided for the residential and commercial components of a project.

(l) Additional Standards for Cottage Clusters

(1) Applicability. All detached dwelling units, including attached single-family duplex units, constructed in multifamily zoning districts shall comply with this section. Any housing project seeking a small lot subdivision must meet all of the following standards:

(2) Site Planning.

(i) A single cottage cluster must contain a minimum of three and a maximum of 12 cottages. A cottage cluster project may include more than one cluster with more than one associated common courtyard. There is no limit to how many cottage clusters are permitted on a single lot.

(ii) All cottages within a single cottage cluster, with five or more units, must share a common courtyard. Four or fewer cottages within a cottage cluster are not required to provide a common courtyard.

(iii) Garages and carports (whether shared or individual) shall not abut more than 25% of a common courtyard's perimeter.

(iv) Allowed building types include single units and duplexes.

(v) Where the parent parcel frontage is less than 100-feet, access shall be consolidated with one driveway serving all units, with the exception of existing access to an existing unit proposed to remain where that access cannot be designed to become the shared accessway.

(3) Setbacks.

(i) The setbacks from adjacent property lines along the perimeter of the cottage cluster development shall be the same as required by the underlying zoning district.

(ii) Cottage structures (comprised of either individual units or duplexes) shall be separated by a minimum distance of six feet between walls.

(4) Maximum Footprint. The footprint of each cottage shall not exceed 800 square feet for a single detached unit and 1,000 square feet for a duplex. A communal garage or parking structure is permitted and is not subject to the maximum footprint requirements for cottages. The building footprint shall be measured by calculating the total square foot area of a building, when viewed directly from above, that covers a portion of a lot, except that the following structures or parts of structures shall themselves not be included in calculating building footprint:

(i) Any part of a structure without a roof.

(ii) Roof eaves.

(iii) Carports, porches, and balconies that are open at least 50% of their respective sides.

(iv) Detached garages or accessory buildings.

(5) Open Space. All cottage cluster developments shall comply with Section 9-3.262(c) requirements for outdoor recreation or gathering areas, except cottage cluster developments with five or more units shall have a common open space area (courtyard) to be shared by residents, subject to the following standards:

(i) The common courtyard shall be at least 15 feet wide at its narrowest point and no less than 400 square feet.

(ii) Each cottage within a cluster must either:

a. Abut the common courtyard;

b. Have a main entrance facing the common courtyard; or

c. Be within 10 feet from a pedestrian path connecting to the common courtyard, measured from the facade of the cottage, to the nearest edge of the pedestrian path. A pedestrian path may include a common driveway crossing with alternative paving.

(iii) The common courtyard shall be developed with a mix of landscaping, passive recreation area, pedestrian paths, and/or paved courtyard area, and may also include recreational amenities. Impervious elements of the common courtyard shall not exceed 75% of the total common courtyard area.

(iv) Construction and installation of common area amenities shall be completed prior to approval of the final building permit for any unit abutting the courtyard.

(6) Fences.

(i) Exterior Fences Delineating the Original Project Boundary. Fences located along the original project boundary's front, side, and rear property lines shall comply with Section 9-4.128(c)(1)(ii).

(ii) Interior Fences Delineating Private Yards and Common Open Spaces.

a. Fencing located within the interior of the original project site perimeter used to delineate private yards and common open space areas:

1. Shall not exceed 42 inches in height;

2. Shall be at least 50% transparent; and

3. Shall not consist of solid (e.g., board, cinder block), chicken wire, or white vinyl fencing (examples of allowed fencing material include split rail and framed welded wire fencing.

b. Exception: Fencing used to delineate private yards within 10 feet of the original project boundary's side and rear property lines may choose to instead comply with Section 9-4.128(c)(1)(ii).

(7) Pedestrian Access.

(i) A pedestrian path shall be provided that connects the main entrance of each cottage to the following:

a. The common courtyard (for clusters of five or more units)

b. Shared parking areas;

c. Sidewalks; and

d. Public rights-of-way abutting the site.

(ii) The pedestrian path must be hard-surfaced (concrete, asphalt, or pavers) and a minimum of three feet wide.

(8) Existing Structures. An existing single-family dwelling and accessory uses and buildings on a lot to be used for a cottage cluster project may remain within the cottage cluster project area provided the structures comply with the standards in subsections (i) — (iii) below.

(i) The existing dwelling may remain and be nonconforming with respect to the requirements of subsection (l) (Additional Standards for Cottage Clusters).

(ii) The existing dwelling may be altered or expanded up to the allowed maximum height and maximum building footprint per subsection (l)(4) (Maximum Footprint). Existing dwellings that exceed the maximum height and/or footprint standards may not be expanded.

(iii) The existing dwelling shall be excluded from the calculation of maximum average dwelling size of a cottage cluster, per Section 9-3.331(g).

(9) Small Lot Subdivisions. For housing developments pursuing subdivision under the provisions of this section, the following shall also be required:

(i) All small-lot subdivisions within a multifamily zoning district must meet the cottage cluster standards (subsection (l)) in addition to all applicable objective design standards for multifamily development (Section 9-4.130).

(ii) A Master Plan of Development (approved in the form of a Conditional Use Permit) of the site shall be approved in accordance with applicable objective design standards set forth in this section. All construction and development shall be completed in conformance with the approved Master Plan of Development.

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

(iv) Deed covenants and easements for shared amenities shall be recorded prior to recordation of the final map.

(v) Alternative Compliance. For projects that meet the definition of a "small home lot development" pursuant to Government Code Section 66499.40, where a conflict exists between this section and Government Code Section 66499.40, Government Code Section 66499.40 shall prevail.

(m) Definitions.

(1) Abut. Contiguous to having district boundaries or lot lines in common (i.e., not separated by an alley, public or private right-of-way, or street).

(2) Arcade. An entryway type where the facade is a colonnade on the ground floor that overlaps a walkway parallel to the front elevation of a building.

(3) Articulation. The breaking up of a flat and uniform building facade by using recessed wall areas, indents, projections, changes in building materials, and detailed projecting features such as stoops, bay windows, awnings, canopies, and/or balconies.

(4) Bay Window. A window or series of windows projecting from the outer wall of a building and forming a recess within.

(5) Building Footprint. The area of the ground surface occupied by an existing or proposed structure, measured from exterior wall to exterior wall at the base of the structure.

(6) Cornice. A molded and projecting horizontal feature that crowns a facade.

(7) Cottage Cluster. A grouping of no fewer than three detached dwellings.

(8) Duplex. A residential building with two units.

(9) Dormer. A vertical window that projects from a sloping roof, which may be gabled or hipped.

(10) Facade. Any exterior face or wall of a building.

(11) Flat Roof. A roof without any sloped sides, with a pitch of 10 degrees or less.

(12) Forecourt. Open area in front of a building's entrance surrounded by walls on at least three sides.

(13) Fourplex. A residential building with four units.

(14) Gable Roof. A roof with two slopes joining at a single ridge line and a gable at each end.

(15) General Massing Break. See "Massing Break."

(16) Hipped Roof. A roof with four sloped sides. The sides meet at a ridge at the center of the roof. Two of the sides are trapezoidal in shape, while the remaining two sides are triangular, and thus meet the ridge at its endpoints.

(17) Lintel. A horizontal element over an opening, often found spanning doors or windows. Lintels can be structural/load bearing or ornamental.

(18) Mansard Roof. A roof with two slopes on each of four sides, the lower steeper than the upper, or culminating in a flat roof at the ridge line.

(19) Massing. The three-dimensional bulk of a structure: height, width, and depth.

(20) Massing Break. Recess/projection measured from the building footprint with minimum dimensions of one foot in depth by three feet in length by eight feet in height.

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

(22) Multiplex (5+ units). A residential building with five or more units.

(23) Occupied Space. An enclosed space in a building intended for human activities, including bathrooms and circulation, but not including, vehicle parking or space for other building functions such as storage, solid waste storage, building equipment, or computer servers.

(24) Plaza. A public square or open space accessible to the public.

(25) Porch. An entryway type, usually with outdoor steps, stairs, and/or a raised platform, where an entry door and corresponding landing area (entrance) are provided on the front elevation of a building on the ground floor, for the purpose of providing pedestrian access from the outdoor ground elevation to a building interior. A porch can be recessed or projected, but must be covered.

(26) Public Realm. The area outside a building accessible or visible to the public, including public right-of- way, sidewalk easement, and publicly accessible open space.

(27) Shed Roof. A roof shape having only one sloping plane.

(28) Stepback. The required or actual placement of a building a specified distance away from a road, property line, or other structure at a level above the first floor.

(29) Street. A public or private right-of-way.

(30) Transparency. The ability of a building or structure to visually transmit light, allowing for a clear view of the interior or exterior spaces via doors and windows.

(31) Triplex. A residential building with three units.

(32) Unoccupied Space. An enclosed space in a building not intended for human activities but only for building services, such as storage, trash, equipment, building utilities.

(33) Wall Plane Variation. Change in condition, character, or form of a continuous exterior wall implemented through one or more options outlined subsection (f)(3)(ii) of this section.

(Ord. 671, 6/25/2024)

§ 9-4.137 Exterior lighting.

The standards of this section are applicable to all outdoor night-lighting sources installed after the effective date of this title. Except for streetlights located within public rights-of-way.

(a) Illumination Only. Outdoor lighting shall be used for the purpose of illumination only and shall not be designed for or used as an advertising display, except as provided by Title 9, Chapter 15 (Sign Code).

(b) Exterior Lighting Shielded. All exterior lighting shall be dark-sky compliant or equivalent and shall be recessed at least two inches or shall be shielded with two-inch shielding as measured from the lens or light source to direct light toward buildings or the ground and reduce glare. Light sources shall be designed and adjusted to direct light away from any road or street and away from any property or buildings outside the ownership of the applicant.

(c) Minimization of Light Intensity. No light or glare shall be transmitted or reflected off-site and must not exceed 4,000 Kelvin.

(d) Decorative Exterior Lighting Shielded. The light source for all lights, including those used for the purpose of illuminating or accenting building walls, signs, flags, architectural features, or landscaping, shall be shielded so as not to be visible from off site, and must not exceed 4,000 Kelvin. String lights may be allowed in occupied dining and entertainment areas only and must not exceed 3,000 Kelvin. String lights shall not be used as landscape lights. This does not apply to seasonal lighting.

(e) Ground Illuminating Lights. Any light source used for ground area illumination except incandescent lamps of 150 watts or less shall be shielded from above in such a manner that the edge of the shield is level with or below the lowest edge of the light source.

(f) Height of Light Fixtures. Freestanding outdoor lighting fixtures shall not exceed 12-feet in height.

(g) Parking Lot Lighting. Parking lot lighting may not exceed the levels needed to provide low level safety lighting for parking lot areas, as demonstrated by photometric plans.

(h) Motion Sensors. Lighting must be on motion sensors to minimize lighting when not in use.

(i) Pedestrian Lighting. All lighting near residential units and along pedestrian pathways must be a pedestrian scale, which may include bollard lighting.

(j) Exceptions: Lighting required for security at ATMs (and similar types of areas) may be exempt from shielding requirements if it can be shown that shielding will conflict with lighting levels required for safety.

(Ord. 68 § 9-4.137, 1983; Ord. 499 § 2, 2006; Ord. 671, 6/25/2024)

§ 9-4.138 Grading.

The following sections (9-4.138 through 9-4.145) establish standards, in addition to the standards contained in the Uniform Building Code, for grading and excavation activities to minimize hazards to life and property; protect against erosion, the sedimentation of water courses, and the inundation of low-lying areas; and protect the safety, use and stability of public rights-of-way and drainage channels. It is the City's intent to encourage grading that disturbs the minimum feasible area, that relates to the natural contours of the land, and that retains trees and other vegetation. Grading regulations are organized into the following sections:

9-4.139 Grading plan required.

9-4.140 Grading permit required.

9-4.141 Grading permit: Application content.

9-4.142 Grading permit review and approval.

9-4.143 Grading standards.

9-4.144 Sedimentation and erosion control.

9-4.145 Nuisance and hazard abatement.

(Ord. 68 § 9-4.138, 1983; Ord. 678, 12/10/2024)

§ 9-4.139 Grading plan required.

In any case where a proposed project requiring a precise plan or conditional use permit approval involves 50 or more cubic yards of earth moving, or in any case where a grading permit is required by Title 8 of this code, the application shall include a grading plan containing the information specified by this section. If engineered grading (Section 9-4.141(b)) is to occur, then the grading plan shall also include all information required by Section 9-4.141. A grading plan shall be neatly and accurately drawn to scale, including the following information:

(a) Existing ground contours or elevations of the site at two foot intervals.

(b) Contours or site elevations after grading is completed, including any modifications to drainage channels.

(c) Any required retaining walls or other means of retaining cuts or fills.

(d) Elevations of the edge of the pavement or road at driveway entrance.

(e) Elevation of the finish floor of the garage or other parking area.

(f) Elevations at the base of building corners.

(g) Area of disturbance in square feet.

(h) Quantities of cut and fill.

(i) Erosion control notes and details.

(j) Drainage structures and other drainage design features.

(k) Sections showing grading, showing any retaining walls, cut and fill slopes, pads, building structures and drainage structures.

(l) Grading notes, details or other information required by the City Engineer.

(Ord. 68 § 9-4.139, 1983; Ord. 578 § 1, 2013; Ord. 678, 12/10/2024)

§ 9-4.140 Grading permit required.

A grading permit shall be obtained where required by Title 8 of this code.

(Ord. 68 § 9-4.140, 1983; Ord. 678, 12/10/2024)

§ 9-4.141 Grading permit—Application content.

To apply for a grading permit, an application shall be submitted together with the additional information required by this section. Where grading requiring a permit is proposed in conjunction with a precise plan or conditional use permit request, those applications may be used to satisfy grading permit information requirements as long as all required information is submitted.

(a) Minor Grading. Where Section 9-4.140 requires a grading permit and the grading will move less than 500 cubic yards and is located on slopes less than 20%; the application for a grading permit is to include the following:

(1) Contour Information.

(i) For sites with slopes of 10% or less, generalized existing contours and drainage channels, including areas of the subject site (and adjoining properties) that will be affected by the disturbance either directly or through drainage alterations.

(ii) For sites with slopes greater than 10% and less than 30%, details of area drainage and accurate contours of existing ground at two foot intervals; for slopes 30% or greater, contours at five foot intervals.

(2) Location of any buildings or structures existing or proposed on the site within 50 feet of the area that may be affected by the proposed grading operations.

(3) Proposed use of the site necessitating grading.

(4) Limiting dimensions, elevations or finished contours to be achieved by the grading, slopes of cut and fill areas and proposed drainage channels and related construction.

(5) Drainage plan in compliance with Municipal Code Section 9-4.147 and the City of Atascadero Drainage Standards.

(6) Where required by the Building Official, a soil engineering report, including date regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and criteria for corrective measures when necessary and opinions and recommendations covering adequacy of sites to be developed by the proposed grading.

(7) Where required by the Building Official, an engineering geology report, including a description of site geology, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading.

(8) Intended means of revegetation, including the location, species, container size and quantity of plant materials proposed, and the proposed time of planting.

(9) Where required by the Building Official, protective measures to be taken during construction, such as hydro-mulching, berms (temporary or permanent), interceptor ditches, subsurface drains, terraces, and/or sediment traps in order to prevent erosion of the cut faces of excavations or of the sloping surfaces of fills.

(b) Engineered Grading. Where the grading will move 500 cubic yards or more, is located on slopes of 20% or greater, or is located within a Geologic Hazard Overlay Zone or Flood Hazard Overlay Zone, the grading plan shall be prepared and certified by a registered civil engineer and shall include specifications covering construction and material requirements in addition to the information required for minor grading.

(Ord. 68 § 9-4.141, 1983; Ord. 99 § 2 (1), 1985; Ord. 578 § 1, 2013; Ord. 678, 12/10/2024)

§ 9-4.142 Grading permit review and approval.

Grading permit applications shall be processed as follows:

(a) Application Processing. The Building Official may approve a grading permit where the proposed grading is in conformity with applicable provisions of this title; provided:

(1) The Building Official may require that grading operations and project designs be modified if delays occur that result in weather-generated problems not considered at the time the permit was issued.

(2) Where a CEQA document associated with the project has identified mitigation measures necessary to reduce environmental impacts, such mitigation measures shall be applicable to the approved grading permit and grading operations as conditions of approval.

(b) Criteria for Approval. A grading permit may be issued only where the Building Official first finds, where applicable, that:

(1) The proposed grading complies with all applicable provisions of the Municipal Code, and if a Precise Plan is required, the grading conforms to the approved Precise Plan; and

(2) Any permits required by State or Federal agencies for the proposed grading have been obtained or are required by conditions of approval to be obtained before grading work is started.

(Ord. 68 § 9-4.142, 1983; Ord. 678, 12/10/2024)

§ 9-4.143 Grading standards.

All excavations and fills shall be conducted in accordance with the following standards:

(a) Area of Disturbance. See Section 9-4.157(a).

(b) Minimize Grading. Grading shall be completed in compliance with Sections 9-4.138 through 9-4.145, minimized to the extent feasible, and balanced on site whenever possible to avoid excessive cut and fill and to avoid import or export of soil to/from off site.

(c) Cut and Fill Slope Ratio. Cut or fill slopes shall not exceed a three-to-one (3:1) horizontal to vertical ratio, except that a two-to-one (2:1) ratio may be allowed where it can be demonstrated that it is necessary to minimize impacts to native trees or natural drainage features, or reduce amount of disturbed area, or maintain grading within the property limits.

(d) Creation of Building Sites. See Section 9-4.157(d).

(e) Final Contours. The crest of all graded slopes greater than six feet in vertical height shall be rounded. Where graded slopes intersect, the ends of each slope shall be horizontally rounded and blended.

(f) Grading Near Watercourses. Grading, dredging, or diking may not alter any intermittent or perennial stream or natural body of water shown on any USGS 7 1/2 minute map or designated by another State or Federal agency with jurisdiction over said waters, except as permitted through approval of a drainage plan and appropriate State and Federal permits. Watercourses are to be protected as follows:

(1) Watercourses shall not be obstructed unless an alternate drainage facility is approved.

(2) Fills placed within watercourses shall have suitable protection against erosion during flooding, and shall conform to the City's Flood Control Ordinance and any applicable FEMA regulations.

(3) Grading equipment shall not cross or disturb channels containing live streams without siltation control measures approved by the City Engineer in place.

(4) Excavated materials shall not be deposited or stored in or alongside a watercourse where the materials can be washed away by high water or storm runoff.

(g) Revegetation. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements (Section 9-4.124 et seq.) and that shall not be occupied by structures, such areas shall be re-naturalized with vegetative material to blend with the adjacent undisturbed natural terrain as set forth in this subsection to prevent erosion after construction activities are completed.

(1) Preparation for Revegetation. Topsoil removed from the surface in preparation for grading and construction shall be stored on or near the site and protected from erosion while grading operations are underway, provided that such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved. After completion of such grading, topsoil shall be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting.

(2) Methods of Revegetation. Acceptable methods of revegetation include hydro-mulching, or the planting of rye grass, barley or other seed with equivalent germination rates. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscaping cover shall be sown at not less than four pounds to each 1,000 square feet of land area. Other revegetation methods offering equivalent protection may be approved by the Building Official. Plant materials shall be watered at intervals sufficient to assure survival and growth. Native plant materials are encouraged to reduce irrigation demands.

(h) Off-Site Effects. Grading operations shall be conducted to prevent damaging effects of erosion, sediment production and dust on adjacent property, including public and private rights-of-way.

(Ord. 68 § 9-4.144, 1983; Ord. 578 § 1, 2013; Ord. 678, 12/10/2024)

§ 9-4.144 Sedimentation and erosion control.

(a) Sedimentation and Erosion Control Plan Required. A sedimentation and erosion control plan is required when:

(1) Land is disturbed for any non-agricultural purpose.

(2) Grading which may affect adjacent property or private rights-of-way which is proposed to be conducted or left in an unfinished state during the period from October 15th through April 15th.

(3) Land disturbance activities are conducted in geologically unstable areas, on slopes in excess of 30%, on soils rated as having severe erosion hazard, or within 50 feet of any watercourse shown on the most current 7 1/2 minute USGS quadrangle map or designated by a State or Federal agency with jurisdiction over watercourse delineation.

(4) The placing or disposal of soil, silt, bark, slash, sawdust or other organic or earthen materials from logging, construction and other soil disturbance activities above or below the anticipated high water line of a watercourse where they may be carried into such waters by rainfall or runoff in quantities deleterious to fish, wildlife or other beneficial uses.

(b) Sedimentation and Erosion Control Plan Preparation and Processing. Sedimentation and erosion control plans shall address both temporary and final measures and shall be submitted to the City Engineer for review and approval. These plans, when required, shall be prepared by a registered civil engineer when grading exceeds 500 cubic yards. Plans for land disturbance of one acre or larger shall be developed and signed by an appropriately licensed individual in accordance with the State Water Resources Control Board requirements. These plans shall be in accordance with the City Standard Improvement Specifications and Drawings, and may be incorporated into and approved as part of a grading, drainage or other improvement plans, but must be clearly identified as an erosion and sedimentation control plan.

(c) Plan Check, Inspection, and Completion. Where required by the City Engineer, the applicant shall execute a plan check and inspection agreement with the City and the sedimentation and erosion control facilities inspected and approved before a certificate of occupancy is issued.

(d) Sedimentation and Erosion Control Measures. The control of sedimentation and erosion shall include, but not be limited to, the use of the following:

(1) Slope Surface Stabilization.

(i) Temporary mulching, seeding or other suitable stabilization measures approved by the City Engineer shall be used to protect exposed erodible areas during construction,

(ii) Earth or paved interceptors and diversions shall be installed at the top of cut or fill slopes where there is a potential for erosive surface runoff.

(2) Erosion and Sedimentation Control Devices. In order to prevent polluting sedimentation discharges, erosion and sediment control devices shall be installed as required by the City Engineer for all grading and filling. Control devices and measures which may be required include, but are not limited to:

(i) Energy absorbing structures or devices to reduce the velocity of runoff water.

(ii) Sedimentation controls such as sediment debris basin and traps.

(iii) Dispersal of water runoff from developed areas over large undisturbed areas.

(iv) Multiple discharge points to reduce the volume of runoff over localized areas.

(3) Final Erosion Control Measures. Within 30 days after completion of grading, or prior to building final, requiring a sedimentation and erosion control plan, all surfaces disturbed by vegetation removal, grading, haul roads, or other construction activity that alters natural vegetative cover, shall be revegetated to control erosion, unless covered with impervious or other improved surfaces authorized by approved plans. Erosion controls may include any combination of mechanical or vegetative measures.

(Ord. 68 § 9-4.145, 1983; Ord. 578 § 1, 2013; Ord. 678, 12/10/2024)

§ 9-4.145 Nuisance and hazard abatement.

Existing grading that has become hazardous to life or property or grading performed in violation of this section or the Uniform Building Code shall be deemed a nuisance. Full abatement and restoration may be required and an assessment of cost may be levied in accordance with Chapter 9-8.

(Ord. 68 § 9-4.146, 1983; Ord. 678, 12/10/2024)

§ 9-4.146 Drainage.

Standards for the control of grading and drainage are intended to minimize harmful effects of storm water runoff and resulting inundation and erosion on proposed projects, and to protect neighboring and downstream properties from drainage problems resulting from new developments. The standards of Sections 9-4.147 through 9-4.151 are applicable to projects and activities required to have a zoning approval.

9-4.147 Drainage plan required.

9-4.148 Drainage plan preparation and content.

9-4.149 Drainage plan review and approval.

9-4.150 Plan check, inspection and completion.

9-4.151 Drainage standards.

(Ord. 68 § 9-4.148, 1983; Ord. 678, 12/10/2024)

§ 9-4.147 Drainage plan required.

Drainage plans must be submitted with or be made part of a building permit application, precise plan, conditional use permit or grading permit application for a project that:

(a) Involves a land disturbance (grading or removal of vegetation down to duff or bare soil by any method) of more than one acre; or

(b) Will result in an impervious surface of more than 1,000 square feet; or

(c) Is subject to local ponding due to soil conditions and lack of identified drainage channels; or

(d) Is located in an area identified by the City Engineer as having a history of flooding or erosion that may be further aggravated by or have a harmful effect on the project; or

(e) Is located within a designated Flood Hazard Overlay Zone; or

(f) Involves land disturbance or placement of structures within 50 feet of any watercourse shown on the most current USGS 7 1/2 minute quadrangle map, or designated by a State or Federal agency with jurisdiction over watercourse delineation; or

(g) Involves hillside development on slopes steeper than 10% or driveways over 12% slope.

(Ord. 68 § 9-4.149, 1983; Ord. 578 § 1, 2013; Ord. 678, 12/10/2024)

§ 9-4.148 Drainage plan preparation and content.

Drainage plans are to be neatly and accurately drawn, at an appropriate scale that will enable ready identification and recognition of submitted information. Drainage plans must be prepared by an appropriately licensed profession as required by the City Engineering Standards or as required by the City Engineer.

(a) Basic Drainage Plan Contents. A drainage plan shall include the following information about the site:

(1) Flow lines of surface waters onto and off the site.

(2) Existing and finished contours at two foot intervals or other topographic information approved by the City Engineer.

(3) Building pad, finished floor and street elevations, existing and proposed.

(4) Existing and proposed drainage channels including drainage swales, ditches and berms.

(5) Location, calculations and design of any proposed facilities for storage or for conveyance of runoff into indicated drainage channels, including sumps, basins, channels, culverts, ponds, storm drains, and drop inlets.

(6) Estimates of existing and increased runoff resulting from the proposed improvements.

(7) Proposed erosion and sedimentation control measures.

(8) Proposed flood proofing measures where determined to be necessary by the City Engineer.

(9) One hundred year flood elevations if the property is in flood hazard area.

(10) The drainage plan must show compliance with the City Drainage Standards and the Central Coast Water Board's Post Construction Stormwater Management Requirements for Development Projects in the Central Coast Region (upon adoption by the City Council). This includes all projects that add 1,000 square feet of impervious surface to the property.

(b) Engineered Plan Content. Engineered drainage plans shall include an evaluation of the effects of projected runoff on adjacent properties and existing drainage facilities and systems in addition to the information required by subsection (a) of this section.

(Ord. 68 § 9-4.151, 1983; Ord. 578 § 1, 2013; Ord. 678, 12/10/2024)

§ 9-4.149 Drainage plan review and approval

All drainage plans shall be submitted to the City Engineer for review and are subject to the approval of the City Engineer.

(Ord. 68 § 9-4.152, 1983; Ord. 678, 12/10/2024)

§ 9-4.150 Plan check, inspection and completion.

Where required by the City Engineer, a plan check and inspection agreement shall be entered into and the drainage facilities inspected and approved before a certificate of occupancy is issued.

(Ord. 678, 12/10/2024)

§ 9-4.151 Drainage standards.

(a) Design and Construction. Drainage systems and facilities subject to drainage plan review and approval that shall be located in the City or existing or future public right-of-way shall be designed and constructed as set forth in the City Engineering Department Standard Improvement Specifications Drainage Standards and Drawings and the Central Coast Water Board's Post Construction Stormwater Management Requirements for Development Projects in the Central Coast Region (upon adoption by the City Council). All systems and facilities subject to drainage plan review and approval shall be designed in accordance with the City's Drainage Standards, Central Coast Water Board's Post Construction Stormwater Management Requirements (upon adoption by the City Council), and good engineering practices.

(b) Natural Channels and Runoff. Proposed projects may include design provisions to retain off-site natural drainage patterns and limit peak runoff to predevelopment levels when required by the City Engineer.

(c) Flood Hazard Areas. Buildings are not permitted in an area determined by the City Engineer to be subject to flood hazard by reason of inundation, overflow or erosion, except where provisions are made to eliminate such hazards to the satisfaction of the City Engineer. Such provisions may include providing adequate drainage facilities, protective walls, suitable fill, raising the floor level of the building or by other means. The placement of the building and other structures (including walls and fences) on the building site shall be such that water or mudflow will not be a hazard to the building or adjacent property. The City Engineer in the application of this standard shall enforce as a minimum the current Federal flood plain management regulations as defined in Title 24, Chapter X, Subchapter B, National Flood Insurance Program, Part 1910.

(Ord. 68 § 9-4.154, 1983; Ord. 578 § 1, 2013; Ord. 678, 12/10/2024)

§ 9-4.152 Hillside Development

The purpose of the Hillside Development Sections (9-4.152 through 9-4.157) is to preserve the rural nature of hillside areas, encourage the preservation of existing trees and vegetation, and encourage grading and design that preserves natural landforms and geographical features, minimizes aesthetic impacts, and maintains slope stability. Hillside Development standards are organized into the following sections:

9-4.153 Applicability.

9-4.154 Definitions.

9-4.155 Reserved.

9-4.156 Process.

9-4.157 Hillside Development standards.

The provisions of the Hillside Development Sections shall apply in addition to the applicable provisions of Sections 9-4.138 through 9.4-151 pertaining to grading, sedimentation and erosion control, nuisance and hazard abatement, and drainage.

(Ord. 678, 12/10/2024)

§ 9-4.153 Applicability.

Sections 9-4.152 through 9-4.157 shall apply to all development, grading, and construction projects with an area of disturbance before grading of 15% or more.

(Ord. 678, 12/10/2024)

§ 9-4.154 Definitions.

As used in these Sections 9-4.152 through 9-4.157, the following terms are defined:

(a) Area of Disturbance. The portion of a project site that is disturbed to accommodate structures, foundations, all graded slopes, parking areas, driveways, graded outdoor recreation spaces, and any areas otherwise graded.

(b) Average Slope. See "slope, average," as defined in Chapter 9-9.102 (General definitions). The City may require a survey and slope analysis prepared by a licensed surveyor or licensed civil engineer showing average percent slope categories.

(c) Hillside Area. A site with an area of disturbance with a slope before grading of 15% or more.

(d) Primary Structure. The structure of chief function on a site. In general, the primary use is carried out in a primary structure. (See also "Accessory Structure" and "Building, Accessory" in Section 9-9.102).

(Ord. 678, 12/10/2024)

§ 9-4.155 (Reserved)

§ 9-4.156 Process.

(a) Ministerial Review. Development and/or grading in a hillside area that does not otherwise require a discretionary approval, or is not part of a project that requires discretionary approval pursuant to this Title 9 (including, but not limited to, Conditional Use Permits and Precise Plans), shall be processed as a ministerial review (e.g., Building/Grading Permit, as applicable), only if the development and/or grading is consistent with Section 9-4.157 (Hillside Development Standards).

(b) Discretionary Review. Grading and/or construction in a hillside area that does not comply with Section 9-4.157 (Hillside Development Standards) shall require discretionary approval of a Precise Plan pursuant to Section 9-2.109 (unless a Conditional Use Permit is required pursuant to Section 9-2.110).

(Ord. 678, 12/10/2024)

§ 9-4.157 Hillside Development Standards.

Except as allowed through discretionary review consistent with Section 9-4.156 (Process), the following standards apply to any area of disturbance with a slope of greater than 15%:

(a) Area of Disturbance Standards. The maximum area disturbed by grading on a site shall not exceed 12,500 square feet, inclusive of areas allowed by subsections (b - e) below.

(b) Building Pad Standards.

(1) Slopes up to 20%. Where the area of disturbance has an existing slope less than 20%, individual pad grading is allowed if compliant with subsection (a) above and Sections 9-4.157(c - f).

(2) Slopes 20%+. Where the area of disturbance has an existing slope of more than 20%, pad grading is not allowed. Foundations shall incorporate special building techniques designed by a registered engineer or architect, including, but not limited to, split levels, benching, cantilevered, poles, piles, step and stem walls, and other methods designed to minimize soil disruption.

(c) Building Design. The height of the lowest finished floor(s) of a building shall not be more than 12 feet above the existing grade to ensure that buildings follow slopes.

(d) Grading.

(1) See Sections 9-4.138 through 9-4.151 (Grading and drainage standards).

(2) On slopes over 20% grading for outdoor recreation/open spaces shall be equivalent to no more than 50% of the footprint of the primary structure, inclusive of all graded flat areas around the full perimeter of the primary structure.

(e) Retaining Walls.

(1) Height and Separation.

(i) Height. The maximum height of a retaining wall shall be eight feet, except a retaining wall up to 12 feet high is permitted where it is integral to the foundation of the primary structure or a detached garage associated with the primary structure and where it can be demonstrated that it is necessary to minimize impacts to native trees or natural drainage features.

(ii) Separation. All retaining walls shall be separated by a minimum of five feet.

(iii) Measurement. See Section 9-4.128(c)(1)(iv) for rules of measurement.

(2) Design.

(i) Retaining walls shall be designed with lines that conform to the hillside topography.

(ii) Materials shall consist of stone, soil nail, poured in place concrete, split face (or similarly textured) block, gabion walls, or similar method.

(f) Landscaping and Native Trees.

(1) When a noncommercial project proposes to remove more than one native tree, removal of existing native trees as defined in Title 9, Chapter 11 (Native Tree Regulations) shall:

(i) Not exceed 30% of the total on-site tree canopy or 10,000 square feet of total on-site tree canopy area, whichever results in the least tree removal; and

(ii) Comply with Section 9-11.105(d)(4) (Conditions of Approval).

(iii) Nonresidential projects are exempt from Section 9-4.157(f)(1)(i).

(2) Retaining walls along driveways, roads, and cut and fill areas shall be designed to minimize impacts to existing native trees, with retaining wall footings placed a distance equal to that of the tree's dripline plus 50% of that dripline distance at a minimum.

(3) Where grading or erosion control requires reseeding, seeds and other plant materials used for erosion control and slope stabilization shall consist of native and/or drought tolerant species. The seed and plant material may not contain any non-native or non-drought tolerant plant species. See also Section 9-4.143(f) (Grading Near Watercourses).

(Ord. 678, 12/10/2024)

§ 9-4.158 Street and frontage improvements.

Sections 9-4.159 and 9-4.160 establish standards for street frontage improvements required with development projects.

(Ord. 398, 2002)

§ 9-4.159 Curbs, gutters and sidewalks.

The installation of curb, gutter and sidewalks shall be as set forth in this section.

(a) When Required. Curb, gutter and sidewalk is required to be installed as set forth in this section when:

(1) The value of any structures proposed during a period of 12 months (as indicated by all building permits issued for the site during the 12 month period) exceeds 25% of the total value of all improvements existing on the site as determined by the assessment roll at the time the first of the building permits is applied for.

(2) A new structure is moved onto a site (rather than constructed in place) where street frontage improvements would be required by subsection (b) of this section.

(b) Where Required. Within the urban services line, concrete curb, gutter, and sidewalk is required with any project in the following areas:

(1) In all commercial zones, except in commercial areas oriented to highway travel unless pedestrian, vehicular and use characteristics of the project and surrounding area indicate a need for the improvements.

(2) In the RMF Zones, except where the right-of-way is not of sufficient width to accommodate sidewalks on both sides, the City Engineer may allow alternative improvements to accommodate pedestrian walking surface on one side of the street and parking on the other side of the street.

(3) In all industrial zones, except that sidewalks may not be required unless pedestrian, vehicular and use characteristics of the project and surrounding area indicate a need for the improvements.

(4) In areas designated by any Curb, Gutter and Sidewalk Plan adopted by the City Council.

(5) In Planned Developments except where an alternative pedestrian path system is proposed and accepted by the City Engineer.

(6) Along El Camino Real.

(7) Along Morro Road (Capistrano Avenue to San Gabriel Road).

(c) Extent of Improvements. Curb, gutter and sidewalk improvements shall be constructed as required by this section along the entire street frontage of the site and also along the street frontage of any adjoining lots in the same ownership as the site.

(d) Exceptions. Curb, gutter and sidewalk improvement requirements may be waived, modified or delayed as follows, provided that waiver of such improvement requirements shall not grant relief from the requirements of this Code governing encroachment on City rights-of-way:

(1) Incompatible Grade. The improvements required by this section may be waived or modified by the City Engineer when, in the opinion of the City Engineer, the finish grades of the project site and adjoining street are incompatible for the purpose of accommodating such improvements.

(2) Incompatible Development. The required improvements may be waived by joint decision of the Planning Director and City Engineer where they determine, based upon the zoning districts of this title, existing land uses in the site vicinity, and existing and projected needs for drainage and traffic control that such improvements would be incompatible with the ultimate development of the area.

(3) Premature Development. The required improvements may be delayed when the City Engineer determines that they would be premature to the development of the area, provided that the applicant shall post a bond or other acceptable performance guarantee and construct the improvements within a period of one year or such other time established by the City Engineer.

(4) Minor Projects Curb, Gutter and Sidewalk Not Required. Development of second units, residential remodels, residential additions, residential reconstruction and residential accessory structures on single-family residential zoned lots (RS/RSF/LSF) that are not part of a tentative subdivision map project shall be exempt from curb, gutter, and sidewalk installation requirements. Where roads do not currently exist, the applicant must comply with Section 9-4.160. If curb, gutter, and sidewalk improvements are not required, grading or other improvements within the public right-of-way may still be required by the City Engineer as part of the driveway encroachment permit if needed for safety, public utility service, site distance, or drainage as related solely to the proposed driveway encroachment, in accordance with City Engineering Standards.

(e) Design and Construction Standards. Curb, gutter and sidewalk improvements shall be constructed to the grade and specifications required by the City Engineer. Improvement plan drawings shall be submitted to the City Engineer for approval prior to construction of improvements and shall be designed and constructed as set forth in the City Engineering Department Standard Improvement Specifications and Drawings. A drainage plan may be required in conjunction with improvement plans. No drainage shall be allowed across public sidewalks or driveways. All grading and construction is to occur at the expense of the developer, including placement of base and surfacing between the lip of the new gutter and the existing pavement as necessary to complete the street surface. The new surfacing between the gutter and existing pavement is to be at least equal in kind to that presently in place. These improvements shall include paved transitions to provide for existing road drainage as well as drainage to or from the proposed site.

(f) Timing of Installation. All required improvements are to be completed as set forth in Sections 9-2.114 and 9-2.116 prior to occupancy.

(g) Plan Check and Inspection. When required by the City Engineer, a plan check and inspection agreement shall be entered into.

(h) Appeal. Any person aggrieved by the requirements of this section shall have the right of appeal to the City Council as provided by Section 9-1.111.

(Ord. 68 § 9-4.159, 1983; Ord. 578 § 1, 2013; Ord. 671, 6/25/2024)

§ 9-4.160 Streets.

The installation and maintenance of asphalt road paving, asphalt berm and drainage facilities shall be constructed along the frontage of a development project (residential subdivision, commercial, industrial, individual residential lots, etc.) as follows:

(a) Frontage Street Construction. If the frontage street is not improved or paved along the development project frontage, the developer will be required to construct 1/2 width plus 10 feet to the City of Atascadero Engineering Standards.

(b) Frontage Street Maintenance. If the street is in need of maintenance, per the City Engineer, along the development project frontage, the developer will be required to repair the road along the street property frontage to a width of 1/2 width plus 10 feet. The repairs may include overlay, pothole repair, crack seal and or slurry seal. This requirement does not apply to second units, residential remodels, residential additions, residential reconstruction and residential accessory structures on single-family residential zoned lots (RS/RSF/LSF) that are not part of a tentative subdivision map. If frontage or off-site improvements are not required, grading or other improvements within the public right-of-way may still be required by the City Engineer as part of the driveway and or utility encroachment permit if needed for safety, public utility service, site distance, or drainage as related solely to the proposed driveway encroachment, in accordance with City Engineering Standards.

(c) Subdivisions. A new subdivision shall construct and provide for future maintenance of all interior subdivision roads and related facilities. The project shall also provide well-paved City standard access roads from a collector or arterial to the subdivision and repair existing underpaved or poor condition interior or frontage roads.

(d) Commercial and Industrial Projects. The project shall construct all roads fronting the project to City standard. If the road fronting the project is an arterial or collector, the width of the road constructed shall be wide enough to allow for safe travel, turning movements and transitions, to the approval of the City Engineer. The project shall provide well-paved City standard access roads from a collector or arterial to project and repair existing underpaved or poor condition frontage roads. Repair may include overlay, pothole repair, crack seals or slurry seal.

(e) If existing buildings are on the property, the required improvements will be constructed if the value of the proposed buildings and site improvements is 25% or greater than the value of existing buildings and site improvements as determined by the San Luis Obispo County Tax Assessor.

(f) Damage Occurring from Construction. Any existing public street which is damaged as a result of on-site or off-site construction shall be reconstructed, or repaired if damage is not extensive, to the satisfaction of the City Engineer prior to issuance of a certificate of occupancy.

(g) Extent of Improvements. Street improvements, not including curb, gutter and sidewalk unless necessary for proper drainage control, may be required beyond the frontage of the property when traffic generated by the development of a site is determined to warrant such improvement in order to provide for adequate access and traffic safety.

(h) The City Engineer may allow cash payment or bonding for the improvement if it is in the best interest of the community and provide for orderly development of the circulation system.

(Ord. 398, 2002; Ord. 578 § 1, 2013)

§ 9-4.161 Lot line adjustment review for flag lots.

(a) The adjustment of all property lines containing a flag lot shall be permitted in accordance with the following design standards:

(1) The original lot shall have frontage on a dedicated street.

(2) The accessway to the rear lot shall be at least 20 feet wide for residential zones, except where the accessway is more than 150 feet long, it shall be at least 24 feet wide. For all other zones, the accessway shall be at least 30 feet wide.

(3) The lot farthest from the street shall own the accessway in fee. Other lots using the accessway shall have an access and utility easement over it.

(4) Lots utilizing the accessway of a flag lot may be required to enter into a road maintenance agreement to insure perpetual maintenance and repair of the accessway.

(Ord. 482 § 2, 2005;Ord. 678, 12/10/2024)

§ 9-4.162 Archeological resources.

(a) The Planning Department shall retain maps on file with locations of known archaeologically sensitive areas. A Phase I archaeological study shall be completed and submitted to the City prior to construction or grading proposed within these mapped areas.

(1) If the Phase I archaeological study determines there is not potential to adversely affect archaeological resources pursuant to the California Environmental Quality Act, and the project does not otherwise require a discretionary approval, or is not part of a project that requires discretionary approval pursuant to this Title 9 (including, but not limited to, Conditional Use Permits and Precise Plans), the project shall be processed as a ministerial approval (e.g., Building/Grading Permit, as applicable).

(2) If the Phase I archaeological study determines that there is the potential to adversely affect archaeological resources pursuant to the California Environmental Quality Act, projects shall be subject to Precise Plan review consistent with Section 9-2.109.

(b) In the event archaeological resources are unearthed or discovered during any construction or earth disturbing activities, the following standards apply:

(1) Construction activities shall cease and the Planning Department shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist and disposition of artifacts may be accomplished in accordance with State and Federal law.

(2) In the event archaeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the County Coroner is to be notified in addition to the Planning Department so proper disposition may be accomplished.

(Ord. 68 § 9-4.162, 1983; Ord. 678, 12/10/2024)

§ 9-4.163 Historic resources ordinance purpose.

The following sections (9-4.163 through 9-4.169) establish standards and processes for the treatment of historic resources. The purpose of these sections is to promote public health, safety, and welfare and provide for the recognition and consideration of historic resources that reflect the social, cultural, historical, and architectural heritage of the city by establishing procedures and standards necessary to:

(a) Implement the goals and policies of the General Plan;

(b) Maintain historic community assets;

(c) Integrate the consideration of historic resources into the development process;

(d) Maintain rights of the owners of historic resources; and

(e) Fulfill the City's responsibilities under any applicable State and Federal laws, including the California Environmental Quality Act, National Environmental Policy Act, and the National Historic Preservation Act of 1966.

(Ord. 678, 12/10/2024)

§ 9-4.164 Historic resources ordinance applicability.

The provisions of Sections 9-4.163 through 9-4.169 apply to historic resources, as defined in Section 9-4.165, located within Atascadero.

(Ord. 678, 12/10/2024)

§ 9-4.165 Historic resources definitions.

As used in these Sections 9-4.163 through 9-4.169, the following terms are defined:

Alteration.

Change, repair, replacement, rehabilitation, remodel modification, or new construction to: (1) the exterior of an historic resource, including the replacement of windows, doors, siding, and anything considered to be a character-defining feature; (2) the structural elements that support the exterior walls, roof, or exterior elements of the historic resource; (3) character-defining features of the interior of an historic resource if the resource's significance is wholly or partially based on interior features and the resource is publicly accessible.

Building.

Construction created principally to shelter any form of human activity, such as a house, barn, church, hotel, or similar, as defined in National Register Bulletin No. 15. "Building" may also be used to refer to a historically and functionally related unit, such as a courthouse and jail or a house and barn.

California Register of Historical Resources.

The State register that includes buildings, sites, structures, objects, and districts significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California pursuant to the California Public Resources Code Section 5024.1 and in the California Code of Regulations Title 14, Chapter 11.5, Section 4850, et seq., as it may be amended.

Character Defining Feature.

The essential physical features that convey why a building, structure, object, site, or district is socially, culturally, or architecturally significant based on the applicable criteria for designation and its period of significance.

Demolition.

Any act that destroys or removes, in whole or part, an historic resource such that its historic or architectural character and significance are materially altered.

District, or Historic District.

A significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development, as defined in National Register Bulletin No. 15.

Historic Resource.

Districts, sites, buildings, structures, and objects listed in the National Register of Historic Places, California Register of Historical Resources, or the City of Atascadero's Historic Resources List (see Section 9-4.166).

National Register of Historic Places.

The official inventory of districts, sites, buildings, structures, and objects significant in American history, architecture, engineering, archaeology, and culture that is maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966.

Object.

Those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed (this definition is used to distinguish from buildings and structures), as defined in National Register Bulletin No. 15. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment.

Preservation.

The act or process of applying measures to sustain the existing form, integrity, and material of a historic property. Includes initial stabilization work, where necessary, as well as ongoing preservation maintenance and repair of historic materials and features, as defined in the Secretary of Interior's Standards.

Rehabilitation.

The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features that convey its historical, cultural and architectural values, as defined in the Secretary of Interior's Standards.

Relocation.

Removal of an historic resource from its original site and its re-establishment in essentially the same form, appearance, and architectural detailing at another location, as defined in the Secretary of the Interior's Standards.

Restoration.

The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by removing features from other periods in its history and reconstructing missing features from the restoration period, as defined in the Secretary of the Interior's Standards.

Secretary of the Interior's Standards.

The Secretary of the Interior's Standards for the Treatment of Historic Properties as published by the U.S. Department of the Interior and as it may be amended.

Site.

The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeological value regardless of the value of any existing structure, as defined in National Register Bulletin No. 15, as well as local cultural landscapes (e.g., Sunken Gardens, Lake Park, etc.).

Structure.

Those functional constructions made usually for purposes other than creating human shelter (intended to be distinguished from buildings), including walls, fences, signs, bridges, monuments, and similar features, as defined in National Register Bulletin No. 15.

(Ord. 678, 12/10/2024)

§ 9-4.166 Historic resources list.

(a) Creation of Historic Resources List. The City shall create and maintain a list of historic resources in Atascadero known as the Historic Resources List, which shall be adopted by resolution of the City Council and which shall consist of historic resources meeting the following criteria:

(1) Colony Era and Pre-Colony Era structures built prior to 1926 that retain historical integrity; or

(2) Other buildings, structures, objects, or sites that:

(i) Are at least 50 years old;

(ii) Exhibit demonstrable historic significance consistent with the Historic Resource List eligibility criteria (Section 9-4.166(b)); and

(iii) Retain sufficient historic integrity to accurately convey its significance (subsection (c) below).

(b) Historic Resource List Eligibility Criteria. In order to qualify as eligible for listing in the City's Historic Resources List, a resource must exhibit demonstrable historical significance consisting of one or more eligibility criteria:

(1) The resource is associated with a significant local event or pattern of development.

(2) The resource is associated with a significant person or persons.

(3) The resource is recognized as possessing distinctive stylistic characteristics or workmanship significant for the study of a period, method of construction, or use of native materials.

(4) The resource is recognized as possessing special aesthetic merit or value in the community as a resource with quality of design or workmanship and that retains sufficient character-defining features embodying its aesthetic significance.

(5) The resource is associated with an architect, designer, or builder whose work has influenced the development of Atascadero.

(6) The resource is recognized as a significant example of the cultural, natural, archaeological, or built heritage of Atascadero.

(c) Historical Integrity. In order to qualify as eligible for listing in the City's Historic Resources List, a resource must, in addition to exhibiting historical significance, exhibit historical integrity as defined in the National Register Bulletin No. 15, or other updated evaluation guidance published by the U.S. Department of the Interior and/or National Park Service, based on a combination of some of the following features:

(1) Location.

(2) Setting.

(3) Design.

(4) Materials.

(5) Workmanship.

(6) Feeling.

(7) Association.

(d) Amending Historic Resources List.

(1) Adding Resources. The Community Development Director, based on staff or community member recommendation, may amend the Historic Resources List from time to time to add historic resources, based on the factors listed in subsection (a) of this section.

(2) Removing Resources. Following a staff recommendation that a particular resource no longer meets eligibility criteria and/or exhibits historical integrity, the removal of resources from the Historic Resources List is subject to review and approval by the Design Review Committee (DRC).

(3) Public Notice. Amendment of the Historic Resources List shall require public notice to the property owner of the subject historic resource.

(Ord. 678, 12/10/2024)

§ 9-4.167 Historic resources alterations.

(a) Ministerial Review. The following alterations to historic resources on the Historic Resources List, which include additions to resources, shall be processed as a ministerial review (i.e., Building Permit):

(1) Ordinary maintenance and repairs that do not change the exterior design, materials, architectural features, or character-defining features of an historic resource, including in-kind replacement of existing features. To be considered "replacement in kind," the features must reasonably match the design, profile, material, and general appearance of the existing or original features; and

(2) Alterations that meet the Secretary of the Interior's Standards for the Treatment of Historic Properties applicable to the particular historic resource type, its significance, and its character-defining features.

(b) Precise Plan Review. The following alterations to historic resources on the Historic Resources List shall be processed via Precise Plan review pursuant to Section 9-2.109 (Precise Plan):

(1) Alterations that do not meet the Secretary of the Interior's Standards for the Treatment of Historic Properties applicable to the particular historic resource; and

(2) Alterations to historic resources listed on the National Register of Historic Places or on the California Register of Historical Resources.

(c) Alternative Building Code Provisions. All buildings, structures, objects, or sites on the Historic Resources List are considered historical resources as defined by the California Environmental Quality Act (PRC Section 21000-22189) and may be eligible to use alternative building code provisions as determined by the Building Official, such as the California State Historical Building Code.

(Ord. 678, 12/10/2024)

§ 9-4.168 Historic resources relocation and demolition.

(a) Relocation of Historic Resources.

(1) Ministerial Review. Relocation of an historic resource on the Historic Resources List that meets the following conditions shall be processed as a ministerial review (i.e., Building Permit):

(i) The historic resource is significant for its architecture, design, construction method, or similar historical theme that is not derived from its original location, setting, or specific surrounding context;

(ii) The historic resource is significant for events, patterns of development, or similar historical themes, but:

a. The historic resource is being relocated a short distance such that it retains essential aspects of historical integrity; or

b. The historic resource is being relocated to a new location with a more appropriate context, as determined by a qualified architectural historian or equivalent professional than the existing context given proposed changes to the existing context;

(iii) All alterations to the historic resource—from preparing for relocation to final rehabilitation and occupation—meet the Secretary of the Interior's Standards applicable to the particular historic resource; and

(iv) The applicant has submitted to the City an Historic Resource Relocation Plan that demonstrates the project's adherence to the Secretary of the Interior's Standards.

(2) Precise Plan Review. The following relocations of an historic resource on the Historic Resources List shall be processed via Precise Plan review pursuant to Section 9-2.109 (Precise Plan):

(i) Relocations that are inconsistent with the Secretary of the Interior's Standards applicable to the particular historic resource; and

(ii) Relocations of historic resources listed on the National Register of Historic Places or on the California Register of Historical Resources.

(b) Demolition of Historic Resources.

(1) Precise Plan Review. Demolition of an historic resource on the Historic Resources List shall be processed as via Precise Plan review pursuant to Section 9-2.109 (Precise Plan), unless the historic resource has been removed from the Historic Resources List pursuant to Section 9-4.166(d)(2) (Removing Resources).

(2) National and State Historic Resources. Any proposed demolition or other action that will have an adverse effect on a resource on the National Register of Historic Places or on the California Register of Historical Resources shall comply with California Public Resources Code Section 5028.

(3) Unlisted Resources. If a building, structure, object, or site is more than 50 years old but not listed in the Historic Resources Inventory, National Register of Historic Places, or California Register of Historical Resources, and is proposed for demolition, an historic resources assessment report may be required by the Director to determine its historical significance and status as a historic resource and the eligibility criteria for listing on the City's Historic Resource List. If determined an historic resource, the property shall be subject to the provisions of this Chapter.

(4) Requirements. Prior to the issuance of a permit to demolish an historic resource on the Historic Resources List, the following measures shall be completed by the applicant:

(i) Documentation. Each historic resource shall be documented to provide a record of the resource, which shall include the preparation of measured drawings and high-quality photographs consisting of:

a. Drawings. For buildings, plans shall include, but not be limited to, a site plan; floor plans; elevations; and detailed drawings of character-defining features, such as exterior ornamentation and interior details.

b. High-Quality Photographs. Photographs documenting a resource shall include the exterior and interior, context and important spatial features, and details of relevant character-defining features.

(ii) Salvaged Features and Artifacts. In an effort to preserve features and artifacts of buildings and structures, the City shall make a determination on whether items within or appurtenant to the building or structure shall be salvaged by the applicant prior to demolition. This is particularly true of historic Colony Homes, where certain materials may be utilized in repair and rehabilitation efforts at other Colony Homes under the guidance included within Secretary of the Interior's Standards. Such salvaged features and artifacts, including the whole building or structure and listed elements, shall be advertised in a local publication for local use for 30 days before dispersal. To the extent feasible, all salvaged elements and features shall be stored on-site for this duration. In this instance, the site shall be demonstrably secured and the salvaged materials appropriately protected from the elements. Where on-site storage is not feasible, other secure locations with controlled access and appropriate protection from the elements may be used. A salvage and storage plan outlining these details shall be submitted to the City for approval.

(iii) Additional Mitigation Measures. Additional mitigation measures may be required for historic resources listed on the National Register of Historic Places or on the California Register of Historical Resources or where identified as necessary by the Director for significant resources.

(Ord. 678, 12/10/2024)

§ 9-4.169 Historic resources — Application and process.

(a) Application Submittal Requirements. In addition to the application submittal requirements pertaining to the specific type of permit required for historic alterations, relocations, and demolitions, the following items may be required if determined necessary by the Director:

(1) Historic resource survey that provides photographs of the historic resource (exterior, interior, character-defining features, and setting) and a summary of the property's history, existing condition, and historical significance. All historic resource survey filings shall be conducted by a qualified architectural historian that meets the Secretary of the Interior's professional qualifications standards in architectural history, or equivalent professional; and/or

(2) Any other supporting information reasonably necessary for review of the proposed work or request.

(b) Concurrent Processing. Any historic resource alteration, or relocation, or demolition associated with another permit application shall be processed concurrently and reviewed by the highest review authority designated by the Zoning Code for any of the applications.

(c) Accessory Dwelling Units. Alterations to historic resources that consist of the addition of an accessory dwelling unit to an historic resource on the California Register of Historical Resources shall comply with Title 9, Chapter 5 (Accessory and Junior Accessory Dwelling Units).

(d) No Net Loss. Notwithstanding the provisions of Section 9-4.168(b), demolition of an historic resource shall be consistent with the applicable provisions of Government Code Section 66300(d), including that in the case of a housing development project, as defined in Government Code Section 65589.5(h)(2), no demolition or other loss of a legally established residential dwelling unit in the City shall be approved unless it is part of a project that will create at least as many residential dwelling units as that to be demolished or otherwise lost.

(e) Unsafe Structures. If a building, structure or object is determined by the City's Building Official and Community Development Director to be unsafe, presents a public hazard, is not securable, or is in imminent danger of collapse so as to endanger persons or property, the demolition standards of Section 9-4.168(b) may not apply. The Building Official and Community Development Director's mutual determination on this matter shall be governed by applicable law.

(Ord. 678, 12/10/2024)

§ 9-4.170 Watercourse- and wetland-adjacent development — Purpose.

The following Sections 9-4.171 through 9-4.175 establish standards for the review of proposed development adjacent to watercourses and wetlands within Atascadero. The purpose of these sections is to promote public health, safety, and welfare by establishing procedures and standards necessary to:

(a) Implement the goals and policies of the General Plan;

(b) Consider potential flood impacts prior to approving development;

(c) Consider sensitive resources in the development process;

(d) Maintain rights of the owners of watercourse- and wetland-adjacent property; and

(e) Fulfill the City's responsibilities under any applicable State and Federal laws, including the California Environmental Quality Act and National Environmental Policy Act.

(Ord. 678, 12/10/2024)

§ 9-4.171 Applicability.

(a) General. The provisions of Sections 9-4.170 through 9-4.175 apply to all watercourse- and wetland-adjacent areas in Atascadero, as defined below:

(1) Watercourse-Adjacent Areas. Watercourse-adjacent areas include the following:

(i) Areas located within 100 feet of the Salinas River; and

(ii) Areas located within 20 feet of any other major or minor watercourse, as defined in Section 9-4.172 (Definitions).

(2) Wetland-Adjacent Areas. Wetland-adjacent areas are those located within 20 feet of a jurisdictional wetland, as defined in Section 9-4.172 (Definitions).

Figure 9-4.172-1: Watercourse-Adjacent Areas

(b) Floodway and Floodplain. Development and activities within watercourse-and wetland-adjacent areas shall also comply with the provisions of Title 7, Chapter 11 (Flood Damage Prevention) and Title 7 (Public Works), as applicable. Where there is conflict between these Sections 9-4.170 through 9-4.175 and Chapter 11 of Title 7, the more restrictive provisions shall prevail.

(c) Prior Approvals. Where the City has explicitly approved a watercourse- or wetland-adjacent development with differing standards than those listed by these Sections 9-4.170 through 9-4.175, that approval shall govern development standards so long as the approval remains active.

(Ord. 678, 12/10/2024)

§ 9-4.172 Definitions.

As used in these Sections 9-4.170 through 9-4.175, the following terms are defined:

(a) Riparian Vegetation. Those herbaceous plants, shrubs, and trees that are naturally associated with watercourses where the plant species tolerates, or requires, moist soil conditions. Riparian vegetation canopies may extend over, or beyond, the existing associated watercourse.

(b) Watercourse. Rivers, streams, brooks, creeks, waterways, lakes, ponds, and all other bodies of water, vernal or intermittent, public or private, that are contained within, flow through, or border the City, and which are not considered "wetlands".

(1) Major Watercourse. The major watercourse features within the City limits are the Salinas River, Atascadero Creek, Graves Creek, Paloma Creek, and Boulder Creek.

(2) Minor Watercourse. Minor watercourse features are those other perennial, intermittent, or ephemeral watercourse features that are considered jurisdictional by the State and/or Federal government and not included in the definition of a major watercourse (subsection [b][1]).

(c) Watercourse-Adjacent Areas. See Section 9-4.171(a)(1) (Watercourse-Adjacent Areas).

(d) Wetland, or Jurisdictional Wetland. Wetlands shall be consistent with the California Fish and Game Code and Clean Water Act definitions. Wetlands are typically areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

(e) Wetland-Adjacent Areas. See Section 9-4.171(a)(2) (Wetland-Adjacent Areas).

(Ord. 678, 12/10/2024)

§ 9-4.173 Measurement of watercourse- and wetland-adjacent areas.

(a) Watercourse-Adjacent Areas. Measurement of water-course adjacent areas shall be from the existing top of bank or ordinary high watermark if no defined bank exists.

(1) Measuring Top of Bank.

(i) General. Top of bank determination shall be consistent with the California Department of Fish and Wildlife definition. Generally, where the watercourse has a sloped bank rising from the toe of the bank to a hinge point at the generally level upper ground, the hinge point is the "top of bank."

(ii) 100-Year Flood Plain. Where the watercourse bank slope rises from the toe of the bank, levels off one or more times, then rises to a hinge point at the generally level upper ground, the hinge point at or directly above the FEMA 100-year flood surface elevation shall be considered top of bank. If the FEMA 100-year flood surface elevation is above the highest hinge point, the highest hinge point is considered top of bank. See Figure 9-4.173-1: Measurement of Top of Bank.

Figure 9-4.173-1: Measurement of Top of Bank

(b) Wetland-Adjacent Areas. Measurement of wetland-adjacent areas shall be from the edge of the jurisdictional wetland boundary as identified by a qualified environmental consultant or wetlands specialist.

(Ord. 678, 12/10/2024)

§ 9-4.174 Process and application submittal.

(a) Ministerial Review Process. Development or placement of items in a watercourse- or wetland-adjacent area that does not otherwise require a discretionary approval, or is not part of a project that requires discretionary approval pursuant to this Title 9 (including, but not limited to, Conditional Use Permits and Precise Plans), shall be processed as a ministerial approval (e.g., Building/Grading Permit, as applicable), only if:

(1) The development and placement of items are consistent with Section 9-4.175 (Permitted Improvements); and

(2) Upon confirmation by the Community Development Director based on a site visit and/or documentation that no applicable resources would be adversely affected.

(b) Discretionary Review Process. Development or placement of items in a watercourse- or wetland-adjacent area that does not comply with Section 9-4.175 (Permitted improvements) and/or that the Community Development Director has determined has the potential to adversely affect watercourse or wetland resources, shall require discretionary approval of a Precise Plan pursuant to Section 9-2.109 (Precise Plan).

(c) Application. In addition to the requirements of Chapter 2 (Applications: Content, Processing and Time Limits), and in addition to those requirements identified in Section 9-2.109 (Precise Plan), applications for development or placement of items in a watercourse- or wetland-adjacent area shall include the following, unless waived by the Community Development Director upon determining that no purpose will be served by such a report because no applicable watercourse or wetland resources will be affected:

(1) Vegetation/Top of Bank/Riparian Technical Report.

(i) For lots with riparian vegetation associated with a watercourse, lots with wetlands, and/or, at the discretion of the Community Development Director, for lots adjacent to those with riparian vegetation associated with a watercourse or wetland, a technical report prepared by a qualified environmental consultant or wetlands specialist that describes and maps the types of vegetation, identifies and maps the watercourse tops of banks, and determines the edge of riparian vegetation and wetlands, pursuant to Section 9-4.173(b);

(ii) For lots with a watercourse and without riparian vegetation, a technical report prepared by a qualified environmental consultant, wetlands specialist, or licensed civil engineer that identifies the watercourse tops of banks and ordinary high-water mark, as applicable, pursuant to Section 9-4.173(a); and

(iii) For Precise Plan applications, a technical report prepared by a qualified environmental consultant or wetlands specialist determining that the watercourse or wetland will not be significantly impacted by the improvement, including a biological survey, a written analysis of the project impacts to special status species, riparian and/or wetland habitat, and required avoidance and minimization measures.

(2) Soil Report. For any structures proposed, a technical report prepared by a qualified soil engineer that confirms the watercourse bank and/or wetland is stable and is unlikely to erode, ensuring that the structure will not be structurally undermined.

(3) Hydrology Report. For Precise Plan applications, a hydrology report prepared by a qualified licensed engineer providing analysis of the project impacts to hydrology and hydraulics. The hydrology report shall include a topographical survey of the watercourse or wetland feature with one-foot contour lines at one to 20-foot scale from bank to bank within the development area (and which may, at the discretion of a qualified licensed engineer and/or as required by the Community Development Director and/or the City Engineer or their designees, include additional areas up and downstream, including areas beyond the property lines), engineered grading and drainage plan of the site, and required avoidance and minimization measures.

(d) State and/or Federal Regulatory Agency Jurisdiction. Applications for development within a watercourse-adjacent or wetland-adjacent area may also be subject to State and/or Federal regulatory agency jurisdiction and shall ensure compliance with applicable regulations and permitting procedures.

(Ord. 678, 12/10/2024)

§ 9-4.175 Permitted improvements.

(a) General Permitted Development and Placement of Items.

(1) Allowed Items. The following items are allowed within the watercourse- and wetland-adjacent areas with ministerial approval pursuant to Section 9-4.174(a):

(i) Fences, provided such fences maintain 75% open air, such as welded wire mesh, hog wire, or split rail, and that if crossing a watercourse, do not extend below the ordinary high-water mark or otherwise impede water flow;

(ii) Landscape walls less than three feet in height;

(iii) Walkways (either pervious or impervious) no more than six feet in width;

(iv) The following patios, decks, and gazebos that cumulatively occupy no more than 30% of the property line adjacent to the watercourse (in linear feet):

a. Patios (either pervious or impervious) that encroach no more than 200 square feet into the watercourse- or wetland-adjacent area;

b. Raised decks, including stairs and landings, that encroach no more than 300 square feet into the watercourse- or wetland-adjacent area; and

c. Small open-air accessory structures including gazebos, patio covers, pergolas, trellises, or other similar structures without a solid roof, and constructed so that each side is open and unenclosed except for structurally necessary supports, that encroach no more than 200 square-feet into the watercourse- or wetland-adjacent area;

(v) Non-fixed outdoor furniture that is not permanently attached to a structure or the ground;

(vi) Bioswales, rain gardens, and similar non-structural flood control and stormwater improvements constructed with natural materials and planted with non-invasive vegetative species;

(vii) Repairs to existing permitted structures and facilities that do not increase the size or footprint of the structures or facilities;

(viii) Minor landscape features not requiring grading;

(ix) Landscape installation of non-invasive vegetative species;

(x) Vegetation management, which may require agency permits if located within a riparian area;

(xi) Watercourse or wetland monitoring or gauging facilities operated by local, State, or Federal agencies;

(xii) Underground utilities permitted by the United States Army Corps of Engineers, California Department of Fish and Wildlife, or Regional Water Quality Control Board;

(xiii) Private ground-mounted utilities (e.g., propane tank), only if there is no other feasible location on the property; and

(xiv) Public utilities.

(2) Requirements for Placement. Items listed in subsection (a)(1) are allowed provided:

(i) Except fences allowed by subsection (a)(1)(i), items do not extend:

a. Beyond the top of bank, or ordinary high watermark if no defined bank exists;

b. Into the watercourse channel; or

c. Within the delineated jurisdictional boundary of a wetland;

(ii) Items do not conflict with Title 7, Chapter 11 (Flood Damage Prevention); and

(iii) Items are consistent with all other development standards of Title 9 (Planning and Zoning).

(b) Permitted Development and Placement of Items in Downtown.

(1) Permitted Items. In Downtown, between U.S. 101 and Hospital Drive, and adjacent to Atascadero Creek, on commercially or publicly owned properties, the following items are allowed within the watercourse- and wetland-adjacent areas with ministerial approval pursuant to Section 9-4.174(a):

(i) All items listed in subsection (a);

(ii) Publicly accessible trails; and

(iii) Outdoor dining areas and gathering spaces.

(2) Requirements for Placement. Items listed in subsection (b)(1) are allowed provided:

(i) Except fences allowed by subsection (a)(1)(i), items do not extend:

a. Beyond the top of bank, or ordinary high watermark if no defined bank exists;

b. Into the watercourse channel; or

c. Within the delineated jurisdictional boundary of a wetland;

(ii) Items do not conflict with Title 7, Chapter 11 (Flood Damage Prevention);

(iii) On commercially owned properties, items in total do not occupy more than 50% of the total required setback area on the lot; and

(iv) Items are consistent with all other development standards of Title 9 (Planning and Zoning).

(c) Watercourse Crossings.

(1) Permitted Items. Over minor watercourses only, the following are allowed:

(i) Clear span bridges;

(ii) Standard round culverts with a minimum 15 inch diameter and up to 24 inches in diameter; and

(iii) Arched or natural bottom culverts over 24 inches in diameter.

(2) Requirements for Placement and Construction. Items shall be designed in accordance with all applicable best management practices to prevent obstruction or diversion of flood and drainage flow and to minimize adverse impacts to riparian vegetation and habitat and scenic resources along or within the watercourse. Concrete sides and/or bottoms of watercourses are prohibited. See also Title 7, Chapter 11 (Flood Damage Prevention).

(d) Prohibited Activities. The keeping and grazing of swine, ovines, and/or bovines; storage of vehicles or materials; and active recreation uses that result in natural landform modification are prohibited in watercourse- and wetland-adjacent areas. See also Title 5, Chapter 15 (Prohibited Camping).

(Ord. 678, 12/10/2024)