HomeMy WebLinkAboutOrdinance 311 CERTIFICATION
I, Marcia M. Torgerson, City Clerk of the City of Atascadero, hereby certify
that the foregoing is the true and correct original of Ordinance No. 311 adopted
by the Atascadero City Council at a regular meeting thereof held on October 22,
1996 and that it has been duly published pursuant to State Law.
DATED:
Marcia M. Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 311
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 23 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTY LOCATED
AT EL CAMINO REAL FROM (RS) RESIDENTIAL SUBURBAN
TO (CPK) COMMERCIAL PARK WITH (FH) FLOOD HAZARD AND
(PD10) PLANNED DEVELOPMENT #10 OVERLAYS
(ZC 95003; City of Atascadero/Hendrix)
WHEREAS, the proposed zoning map and text amendments are
consistent with the General Plan as required by Section 65860 of
the California Government Code; and
WHEREAS, the proposed amendments are in conformance with
Section 65800 et seq. of the California Government Code
concerning zoning regulations; and
WHEREAS, the proposed amendments may have a significant
adverse impact upon the environment . The Environmental Impact
Report and recommended mitigation measures prepared for the
project are adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on August 20, 1996 and has recommended approval of Zone
Change 95003 .
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows :
Section 1 . Council Findings .
1 . The proposals are compatible with the surrounding land
use and zoning.
2 . The proposals are consistent with the General Plan
Land Use Element and other elements contained in the
General Plan.
3 . The proposals will not result in any significant
adverse environmental impacts. The Environmental
Impact Report prepared for the project is adequate .
4 . Modification of development standards or processing
requirements is warranted to promote orderly and
harmonious development .
Ordinance #311
Page 2
5 . Modification of development standards or processing
requirements will enhance the opportunity to best
utilize special characteristics of an area and will
have a beneficial effect on the area.
6 . Benefits derived from the overlay zone cannot be
reasonably achieved through existing development
standards or processing requirements .
Section 2 . Zoning May.
Map number 23 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department
are hereby amended as shown on the attached Exhibit A which is
hereby made a part of this ordinance by reference.
Section 3 . Zoning Text .
The Zoning Ordinance text is hereby amended by the addition
of the language shown on the attached Exhibits B and C.
Section 4 . Publication.
The City Clerk shall cause this ordinance to be published
once within fifteen (15) days after its passage in the Atascadero
News, a newspaper of general circulation, printed, published, and
circulated in the City in accordance with Section 36933 of the
Government Code; shall certify the adopting and posting of this
ordinance and shall cause this ordinance and this certification
together with proof of posting to be entered into the Book of
Ordinances of the City.
Section 5 . Effective Date .
This ordinance shall go into effect and be in full force and
effect at 12 : 01 a.m. on the 31st day after its passage .
On motion by Councilmember Johnson_, seconded by Council-
member Bewley , the foregoing Ordinance is approved by the
following roll-call vote:
AYES: Councilmembers Bewley, Carden, Johnson and Mayor
Highland
NOES : Councilman Luna
ABSENT: None
Ordinance #311
Page 3
DATE ADOPTED: October 22, 1996 CITY OF ATASCADERO, CA
GEORGE IGHL D, Mayor
By: RAY JO SON, Major Pro Tem
ATTEST:
LEE PRICE, City
APPROVED AS XORM:
a
, Ja
AR ER R. MONT DON, City Attorney
B • ROY A. HANLEY, Deputy
PREPARED BY:
STEVEN L. DeCAMP, Acting Director
Community Development Department
ORDINANCE NO. 311 MEE` GENDA (REVISED)
DAY .... iHMI EXHIBIT A
Page 1 of 1
1 °v)
\ � RMF 16
(RS) \
44 0 Mio
O� CqM, SANfA
ti
"CPK (FH) (PD12)
(RS FH) F
a
_ m !
a 1
a
4s
,o
04D
New Zone="ABC'
Old Zone=(XYZ)
All Overlay Zones to remain unchanged
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EXHIBIT B
REVISED DRAFT
(October 8, 2996)
CPK (Commercial Park) Zone
9-3.251. Purpose: This zone is established to provide for large
lot commercial and light manufacturing uses. It is intended that
special attention be given to providing for comprehensive
development plans to achieve appropriate functional relationships
between various uses and preclude "piecemeal" development of
existing larger lots.
9-3.252. Allowable Uses: The following uses shall be allowed in
the Commercial Park Zone. The establishment of allowable uses
shall be as provided by Chapter 2 of this Title:
(a) Apparel and finished products
(b) Automobile, mobilehome and vehicle dealers and suppliers'
(See Section 9-6.163)
(c) Accessory storage (See Section 9-6.165)
(d) Broadcasting studios
(e) Building materials and hardware (See Section 9-6. 165)
(f) Business support services
(g) Contract construction services
(h) Electronic and scientific instruments
(i) Farm equipment and supplies
(j ) Food and kindred products (See Section 9-6.1280
(k) Fuel and ice dealers (See Section 9-6..129)
(1) Furniture and fixtures
(m) Horticultural specialties (See Section 9-6.116)
(n) Laundries and dry cleaning plants
(o) Light repair services
(p) Mail order and vending
(q) Roadside stands (See Section 9-6.117)
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(r) Schools - business and vocational - (See Section 9-6.125)
(s) Small scale manufacturing
(t) Stone and cut stone products
(u) Temporary events (See Section 9-6.177)
(v) Temporary or seasonal sales (See Section 9-6.174)
(w) Utility transmission facilities
(x) Wholesaling and distribution
(aa) The following uses when established in conjunction with
a commercial center containing at least one major
commercial tenant with a minimum of 20, 000 square feet
of floor area:
(1) Eating and drinking places
(2) Financial services
(3) Food and beverage retail sales
(4) Furniture, home furnishings and equipment
(5) General merchandise store
9-3.253. Conditional Uses: The following uses may be established
in the Commercial Park Zone. The establishment of conditional uses
shall be as provided by Chapter 2 of this Title:
(a) Auto repair and services (See Section 9-6.130)
(b) Chemical products
(c) Concrete, gypsum and plaster products
(d) Glass products
(e) Lumber and wood products
(f) Machinery manufacturing
(g) Paper products
(h) Paving materials
(i) Pipelines
(j ) Plastics and rubber products
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(k) Public assembly and entertainment -
(1) Sales Lots (See Section 9-6.139)
(m) Structural clay pottery products
(n) Textile mills
(o) Transit stations and terminals
(p) Vehicle and equipment storage (See Section 9-6.183)
(q) Warehousing
9-3.254. Lot Size: The minimum lot size in the Commercial Park
Zone shall be two acres. Smaller lot sizes may be allowed for
planned commercial and industrial developments, including
condominiums, where the Planning Commission determines that such
smaller lot sizes will not be detrimental to the purpose and intent
of the Commercial Park Zone.
9-3.255. Development Standards: the following development
standards may be modified through the Conditional Use Permit
process.
(a) Customer and employee parking areas designed to have
vehicles facing El Camino Real or the freeway shall be
screened with a landscaped berm a minimum of thirty inches
(30") in height.
(b) A minimum freeway setback shall be provided. Said
setback shall be landscaped.
(c) All new and existing utilities shall be installed
underground.
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(REVISED)
EXHIBIT C
Planned Development Overlay #12
9-3.656. Establishment of Planned Development Overlay Zone
No. 12 (PD 12) . Planned Development Overlay Zone No. 12 is
established as shown on the Official Zoning Maps (Section 9-
1. 102) . The following development standards applicable
therein are also established and are in addition to any
other development standards established by this ordinance:
(a) All physical development of the site shall
conform to an approved Master Plan of Development. An
application for a Master Plan of Development shall be
made in the same form as that prescribed for a
conditional use permit.
(b) A hydrologic and aquatic biological study(ies)
shall be prepared as part of Mater PlanofDevelopment.
These studies shall delineate potential wetland areas
and establish suitable setbacks from wetland areas
and/or creeks.
(c) Future development shall mitigate anticipated
traffic impacts as recommended by the Program EIR and
any subsequent traffic studies prepared to determine
the phasing of required improvements.
(d) Sewer service for future development shall be
provided via a main extension. A specific sewer
service study to be prepared as part of the Master Plan
of Development shall determine the most suitable sewer
main route.
(e) A specific noise modeling analysis prepared as
part of the Master Plan of Development shall address
appropriate setbacks, or other appropriate noise
attenuation methods. The analysis shall also address
cumulative noise levels and appropriate mitigation
measures.
(f) A fire safety mitigation plan shall be prepared as
part of the Master Plan of Development to determine the
appropriate fire storage and flow requirements. The
fire safety mitigation plan shall also address building
height exceptions, and the requirements for fire
sprinklers and alarms.
(g) The Master Plan of Development shall include a
site landscaping plan. The landscaping plan shall
provide for retention/preservation of native oak trees
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(REVISED)
to the greatest extent feasible. The landscaping plan
shall also address water conserving irrigation plans
and drought resistant plant materials.
(h) The Master Plan of Development shall include the
following design standards:
(1) A landscaped buffer along all street and
highway frontages and adjacent to residential
uses.
(2) Topographical changes along Highway 101 shall
be minimized.
. (3) Oak trees on the site shall be preserved and
protected to the greatest extent feasible.
(4) Creeks shall be integrated as aesthetic
features in the site plan. Paloma Creek shall not
be piped nor shall the creek channel be lined with
concrete.
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