HomeMy WebLinkAboutOrdinance 547 �tnr
CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No 547, adopted by the
Atascadero City Council at a regular meeting thereof held on November 10, 2009, and that it has
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been duly published pursuant to State Law
DATED:
Marcia McClure Torgerson, C.M
City Clerk
City of Atascadero, California
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ORDINANCE NO 547
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ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
APPROVING ZONE TEXT CHANGE 2009-0155 AMENDING THE
ATASCADERO MUNICIPAL CODE
PLN 2009-1335/ZCH 2009-0155
(Citywide/City of Atascadero)
The City Council hereby finds and declares as follows
WHEREAS, an application has been received from the City of Atascadero (6907 El
Camino Real, Atascadero CA 93422), to consider Zone Change Text Amendments regarding
Conditional Use Permit time limits, land use descriptions for auto dealers, sales lots, food and
beverage retail sales, and personal services, uses allowed in the Commercial Professional Zone,
and swimming pool fencing requirements, and,
WHEREAS, a Notice of Exemption was prepared for the project and made available for
public review in accordance with the requirements of the California Environmental Quality Act
(CEQA), and,
.r WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to Title 9 Planning and Zoning of the Municipal Code, 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,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and
Zoning Text Change application was held by the Planning Commission of the City of Atascadero
at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and
Zoning Text Amendments, and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on August 18, 2009, studied and considered PLN 2009-1335/ZCH 2009-0155, and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on October 27, 2009 studied and considered Zone Change 2009-0155, and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS
No
City of Atascadero
Ordinance No. 547
Page 2 of 5
SECTION 1. Findings for Approval of a Zone Text Change. The City Council finds
as follows
1 The Planning and Zoning Text Change is consistent with General Plan policies and
all other applicable ordinances and policies of the City
2. This Amendment of the Zoning Ordinance will provide for the orderly and efficient
use of lands where such development standards are applicable
3 The Text Change will not, in itself, result in significant environmental impacts
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on October 27, 2009 resolved to introduce for first reading by title only, an
ordinance that would amend the City Zoning code text as follows
9-2.113 Permit time limits.
An approved plot plan is valid for the time limits established by Title 8 governing building
permits. An approved precise plan or conditional use permit, when not part of a Planned
Development with approved corresponding Tentative Map, is valid for twenty-four(24) months
after its effective date, unless otherwise provided by adopted conditions. At the end of the
twenty-four(24) months the approval shall expire and become null and void unless
(a)Building permits have been applied for and have not expired,
(b)The project is completed(Section 9-2.115),
(c)An extension has been granted(Section 9-2.118), or
(d)A building moratorium is imposed on the project site.
(e)If a Conditional Use Permit has been approved as part of a Planned Development with a
corresponding Tentative Map the life of the Conditional Use Permit shall run with the map and
shall only expire if the map expires.Time extensions for the map shall also extend the time of
the corresponding Conditional Use Permit. Conditional Use Permits which correspond with a
Tentative Map shall remain active and shall not expire once the map is recorded. This
provision shall apply retroactively and, as a result, any Conditional Use Permit which
expired prior to the effective date of this ordinance, but which was approved as part of a
Planned Development with a corresponding Tentative Map that is still active, shall no
longer be considered expired but shall instead be deemed active and subject to
expiration only if and when the corresponding map expires without having been
recorded.
Nothing in this title shall be construed as affecting any time limits established by Title 8 of this
Code regarding work authorized by a building permit or other construction permit issued
pursuant to Title 8, or time limits relating to the expiration of such permit. (Ord. 524 § 2 (part),
aw 2008 Ord. 68 § 9-2.113, 1983)
City of Atascadero
Ordinance No. 547
Page 3 of 5
Article 29 Land Use descriptions
9-3.701 Purpose.
Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments selling
new and used automobiles, including, but not limited to, light trucks (US DOT Class 1, 2, and
3), boats (FBSA Class A and Class 1 boats [under 26 feet in length]) recreational vehicles,
recreational /utility trailers, motorcycles and mopeds Also includes establishments selling new
parts and accessories within a building for the above. Does not include establishments dealing
exclusively in used parts. Includes automobile repair shops only when maintained by
establishment engaged in the sale of vehicles on the same site. Does not include "service
stations, which are separately defined.
Sales Lots. Sales lots consist of any outdoor sales area for permanent display of motorized farm
equipment, boats (FBSA Class 3 and 4 boats [over 26 feet in length]), heavy commercial trucks
(US DOT Class 4 through 8), mobilehomes, construction equipment, or other heavy equipment;
outdoor equipment rental yards, or large scale temporary or permanent outdoor sales activities,
including,but not limited to, swap meets and flea markets.
Food and Beverage Retail Sales. Retail trade establishments primarily engaged in selling food
for home preparation and consumption, as well as the retail sale of packaged alcoholic
beverages for consumption off the premises, including wine tasting facilities which are not on
the same site as the winery
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Article 8. CP (Commercial Professional) Zone
9-3.212 Allowable uses.
The following uses shall be allowed in the Commercial Professional Zone. The establishment of
allowable uses shall be as provided by Sections 9-2.107 and 9-2.108
(a) Food and beverage retail sales, where areas of use are less than two thousand five
hundred(2,500) square feet per store,
(b) Roadside stands (see Section 9-6.116)
(c) Temporary or seasonal retail sales (see Section 9-6.174),
(d) General merchandise stores, where areas of use are less than two thousand five hundred
(2,500) square feet per store,
(e) Accessory storage (see Section 9-6.103)
(f) Personal services, where areas of use are less than two thousand five hundred(2,500)
square feet per store;
(g) Utility transmission facilities,
(h) Collection stations (see Section 9-6 130),
(i) Eating and drinking places,
0) Libraries and museums,
(k) Broadcast studios
(1) Building materials and hardware, where areas of use are less than two thousand five
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hundred(2,500) square feet per store (see Section 9-6.165),
City of Atascadero
Ordinance No. 547
Page 4 of 5
(m) Furniture, home furnishings and equipment, where areas of use are less than two
w thousand five hundred(2,500) square feet;
(n) Mail order and vending;
(o) Financial services,
(p) Health care services,
(q) Temporary offices (see Section 9-6 176),
(r) Light repair services,
(s) Horticultural specialties(see Section 9-6 116),
(t) Business support services,where all areas of use are located within a building;
(u) Social and service organizations,
(v) Offices,
(w) Bed and breakfast;
(x) Schools (see Section 9-6 125),
(y) Utility service center;
(z) Business and vocational schools,
9-3.213 Conditional uses.
The following uses may be allowed in the Commercial Professional Zone. The establishment of
conditional uses shall be as provided by Section 9-2.109;
(a) Caretaker's residence(see Section 9-6 104),
(b) Churches and related activities (see Section 9-6 121),
(c) Pipelines,
(d) Eating and drinking places with drive-through facilities,
elm (e) Food and beverage retail sales, where areas of use are greater than two thousand five
hundred(2,500) square feet per store,
(f) General merchandise stores, where areas of use are greater than two thousand five
hundred(2,500) square feet per store,
(g) Hotels and Motels
(h) Personal services, where areas of use are greater than two thousand five hundred(2,500)
square feet per store,
(i) Building materials and hardware, where areas of use are greater than two thousand five
hundred(2,500) square feet per store(see Section 9-6 165),
�) Furniture, home furnishings and equipment, where areas of use are greater than two
thousand five hundred(2,500) square feet per store
9-4 128 Fencing and screening.
(5) Swimming Pools. Yard areas with private swimming pools are to be fenced to discourage
unsupervised access and use by small children. Such fencing is to be constructed per building
code requirements.
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice at least five days prior to its final passage in
the Atascadero News, a newspaper published and circulated in the City of Atascadero, and,
before the expiration of fifteen (15) days after its final passage in the Atascadero News, a
newspaper published and circulated in the City of Atascadero A copy of the full text of this
City of Atascadero
Ordinance No. 547
Page 5 of 5
ordinance shall be on file in the City Clerk's office on and after the date following introduction
' and passage and shall be available to any interested member of the public
INTRODUCED at a regular meeting of the City Council held on October 27, 2009, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
November 10, 2009, by the following roll call vote
AYES Council Members Clay, Fonzi, Kelley, O'Malley and Mayor Beraud
NOES None
ABSTAIN None
ABSENT None
CITY 9T-,A, TASCADERO
B
Ellen Beraud, Mayor
ATTEST
)J,Loa'L� Mz 6AW,
Marcia McClure Torgerson, C.M.0 , ty Clerk
APPROVED AS O F RM.
Brian Pierik, City Attorney
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