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Home My WebLink AboutPC Resolution 2003-0045ORIGINAL RESOLUTION NO. PC 2003-0045 APR 1 5 2003 CITY OF ATASCAD PLANNING A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION APPROVING ZONE CHANGE 2002-0023 TO AMEND THE DOWNTOWN ZONING DISTRICT ORDINANCE OF THE CITY ZONING ORDINANCE (ZCH 2002-0023: Downtown Commercial Ordinance Amendment) WHEREAS, the City of Atascadero has determined that portions of the City's Downtown Zoning Ordinance are inconsistent with the City's commercial revitalization goals for downtown; and, WHEREAS, the City of Atascadero currently has a Downtown Zoning District Ordinance which is part of the City's Zoning Ordinance; and, WHEREAS, the Downtown Zoning Ordinance contains regulations pertaining to restrictions of offices, schools, research & development, and handicapped accessible residential units uses on the first floor within the Downtown Commercial Zoning District; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 15, 2003 to consider a recommendation to the City Council, and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to update the Downtown Zoning Ordinance of the City's Municipal Code, and amend the existing text to ensure the economic revitalization of commercial downtown district; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. FINDINGS FOR STATUTORY EXEMPTION 1. The project will have no significant effect on the environment. SECTION 2. FINDINGS FOR APPROVAL OF ZONE TEXT CHANGE. 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the zoning ordinance will provide for the orderly development of the community and protect the public welfare. 3. The zone change will not, in itself result in significant environmental impacts in accordance with California environmental laws. SECTION 3. ZONE TEXT CHANGE. 1. Section 15 of Title 9 of the Municipal Code of the City of Atascadero on file in the Community Development Department is hereby amended as shown on the attached Exhibit A, which is made part of this ordinance by reference. SECTION 4. RECOMMENDATION OF APPROVAL. The Planning Commission of the City of Atascadero, in a regular session assembled on April 15, 2003 resolved to recommend that the City Council introduce for first reading an ordinance that would amend the Downtown Commercial Zoning Ordinance consistent with the following: 1. Exhibit A: Zoning Code Text Amendment BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner Jones, and seconded by Commissioner Kelly the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: (5) NOES: (1) ABSENT: (0) ABSTAIN: (1) ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson Attest: i arren NrFfrace - Planning Commission Secretary EXHIBIT A Proposed Amended Downtown Zoning Code Text, ZCH 2002-0023 DIVISION 9-3 - DOWNTOWN ZONING DISTRICTS Sections: 9-3.261- Purpose of Downtown Districts 9-3.262 - Downtown District Allowable Land Uses and Permit Requirements 9-3.263 - Downtown District General Development Standards 9-3.261- Purpose of Downtown Districts The downtown zoning districts are intended to develop an attractive, pedestrian -oriented, and economically successful downtown area by providing for a mixture of commercial, office, and residential land uses in two- and three-story buildings of traditional architectural styles. The purposes of the individual downtown districts are as follows. A. Downtown Commercial (DC) zoning district. The Downtown Commercial (DC) zoning district is intended to enhance the economic viability and pedestrian -oriented character of the downtown by encouraging: A wide range of retail shops, including artisan craft sales and production; 2. Restaurants, entertainment facilities, lodging, and non -automotive services (banks, health care, etc.); 3. Off on -upper f loom-ot-herd -Cid f; ver z rt f ri es i -ces that M, a First floor office.uses are-challowed with storeft-ont anA na cc app. mance raw end -app _r9yal + tea ca .ero IViaixt. Street Assoc at op>..l Qct Tvey�office. U$95 are e _ esti to locate. on 'oPl r flavors leavi_n prime first floor sl e _..__ . _. ;avaiia lelQr tatI .an.,d restaurant pac , 4. Residential uses on upper floors. B . Downtown Office (DO) zoning district. The Downtown Office (DO) zoning district is intended to apply to properties that border the DC district, where a wide variety of professional and other office uses will encourage a weekday pedestrian flow that can take advantage of the restaurant and shopping opportunities in the overall downtown area. 9-3.262 - Downtown District Allowable Land Uses and Permit Requirements The following table identifies the land uses allowed by this Zoning Ordinance in the downtown zoning districts, and the land use permit required to establish each use. In addition to the land use permit required by this Section, special provisions related to certain land uses may apply, Precise Plan approval may also be required for certain uses in compliance with Section 9-1.108. A Building Permit is required prior to any construction. Design Review approval shall be required for all permits, consistent with Appendix A of the Downtown Revitalization Plan. Note: Where the last column in the tables ("Specific Use Regulations") includes a section number, the regulations in the referenced section apply to the use. Provisions in other sections of this Zoning Ordinance may also apply. ATASCADERO MUNICIPAL CODE - TITLE 9, ZONING ORDINANCE Downtown Zoning Districts i 9-3.262 Allowed Uses and Permit Requirements P Permitted use (2) for Downtown Zoning Districts CUP conditional Use Permit required — Use not allowed PER 4IIT REQUIRED Specific Use LAND USE (1) DC DO Regulations MANUFACTURING & PROCESSING USES Light repair services P — Printing and publishing P P R&D(t) (Research and development including technology) 1'(3) P R&D - Biotechnology, chemical, pharmaceutical CUP(" CUP RECREATION, EDUCATION & ASSEMBLY USES Membership Organizations CUP — Amusement services P — Indoor recreation services P — Libraries, museums, galleries P — Public parks and playgrounds P P Schools - Public CUP — Schools - Business and Vocational C pp) CUP Studios - Art, dance, martial arts, music, etc. P CUP Public Amusement and Entertainment CUP — RESIDENTIAL USES Home occupations P P 9-6.105 Live/work projects P(-5)/ CUP(: — Multi -family and single-family dwellings 19) P3) Senior citizen housing CUP& — KEY TO ZONING DISTRICT SYMBOLS DC Downtown Commercial DO Downtown Office Notes: (Only the notes that apply to this page are shown below.) (1) See Section 9-3.701 for land use descriptions. See Section 9-1.109(d) regarding uses not listed. (2) Plot Plan approval required (9-2.107). Precise Plan approval (9-2.108) may also be required. Conditional Use Permit approval required for all projects over 10,000 sf in floor area and multiple family residential developments consisting of twelve or more units. (3) Use allowed F Kesidgntial. uses allowved uniy on secgncl ate! third flpvr, except s es nautki Olnieda Avers e . If a protect is required tis vmide a unit in eox apliance with the.Elmer ns 13rsa,Wit 1 ct, h, h dic�pped utess ble unrt may re l_oc tNd on a first floor, A first floor _units hall be located in_a non -storefront location within a tenants qce, 14) only oa second or third flooi, eweept on sites north of 01-neja AA%-rA,,-- Use- aI)9W an si _nut-tt of Oimeda Avenue.. _ Lase allowed ly sites- rtIze€ O4 A aue. Q Permitted use if the residential quarters are located on the 2nd or 3rd floors (7) (6) Conditional Use Permit required if the residential quarters are located on the 1st fig. Allowed Uses and Permit Requirements P Permitted Use (2) for Downtown. Zoning Districts CUPonditional Use Permit required — Use not allowed PERMIT REQUIRED Specific Use LAND USE (1) DC DO Regulations RETAIL TRADE Artisan shops P — Auto and vehicle dealerships - Indoor display/sales only CUP — Building materials and hardware - All activities indoors P — Eating and drinking places - Without drive-thru P — Food and beverage retail sales P — Furniture, home furnishings and equipment P — General Merchandise P — Temporary or seasonal sales P — 9-6.174 SERVICES Automated teller machines (ATMs) P P Banks and financial services - Without drive- through Bed and Breakfast CUP P CUP — Business services P P Child/ adult day care centers — CUP Government offices and facilities P P Hotels and motels CUP — Health care services ) P Offices IP(4) P Personal services P — KEY TO ZONING DISTRICT SYMBOLS DC Downtown Commercial DO Downtown Office Notes: (Only the notes that apply to this page are shown below.) (1) See Section 9-3.701 for land use descriptions. See Section 9-1.109(d) regarding uses not listed. (2) Plot Plan approval required (9-2.107). Precise Plan approval (9-2.108) may also be required. Conditional Use Permit approval required for all projects over 10,000 sf in floor area. flefw, (4) Use allowed only an second or. thW fieefexeel*y — that -the Go S.- llawi.4& in addition appr-eva., be the findings UP nefmally-fe"4eds *me-ef-pE`destfian tf- ail FMobtishment4f-Otelf9pesed-ase-1 ain the oek-whae Allowed Uses and Permit Requirements P Permitted Use (2) Conditional Use Permit required Use not allowed for Downtown Zoning Districts CUP — PERMIT REQUIRED SPedfic Use LAND USE (1) DC DO Regulations TRANSPORTATION, COMMUNICATIONS, & INFRASTRUCTURE USES Broadcasting studios CUP P Transit stations and terminals CUP CUP Utility facilities CUP CUP KEY TO ZONING DISTRICT SYMBOLS DC Downtown Commercial DO Downtown Office Notes: (Only the notes that apply to this page are shown below.) (1) See Section 9-3.701 for land use descriptions. See Section 9-1.109(d) regarding uses not listed. (2) Plot Plan approval required (9-2.107). Precise Plan approval (9-2.108) may also be required. Conditional Use Permit approval required for all projects over 10,000 sf in floor area. ITEM NUMBER: 4 DATE: 4-15-03 9-3.263 - Downtown District General Development Standards Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in the following table, in addition to the other applicable development standards of this Zoning Ordinance. Development Feature Requirement b Zoning District DC Downtown Commercial DO Downtown Office Minimum lot size No minimum Setbacks Minimum and maximum setbacks required. See Section 9-4.103 for setback measurement, allowed projections into setbacks, and exceptions to setbacks. None allowed, except for building As required by Section 9-4.106 Front insets designed to accommodate when adjacent to a residential outdoor eating and seating areas, zone, none required otherwise. and except for East and West Mall between El Camino Real and Palma Avenue, where a minimum of 20 ft is required. None required Sides (each) None required Rear To be determined throu h Design Review Creek Height limit 45 -feet not to exceed 3 stories; 18 35 ft feet on the west side of El Camino Real between Atascadero Creek and the lot line common to Lots 19 and 20, Block H -B, Atascadero Colony Map. Landscaping As required by Sections 9-4.124 et seq. (Landscaping, Screening and Fencing) Off-street parking None required, except as required As required by Sections 9-4.114 et by 9-4.114 for hotels, motels, and seq. residential uses, and for all development east of Atascadero Creek. Signs See Section 9-15.0005(b) DensityResidenfial de et e3ceeech��fef met 1fi dwellin unit acre .1�i dwe%lin • unit acre