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HomeMy WebLinkAboutOrdinance 330 CERTIFICATION I, Marcia M. Torgersoa, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 330 adopted by the Atascadero City Council at a regular meeting thereof held on June 10, 1997 and that it has been duly published pursuant to State Law. DATED: Marcia M. Torgersoa City Clerk City of Atascadero, California ORDINANCE NO. 330 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION 9-3. 173 AND SECTION 9-4 . 120 OF THE ZONING ORDINANCE TEXT REGARDING THE CREATION OF AND STANDARDS FOR PARKING LOTS FOR COMMERCIAL USES LOCATED WITHIN MULTIPLE FAMILY ZONING DISTRICTS (ZC 96015; Niven) WHEREAS, the proposed zoning ordinance amendment is consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on May 6, 1997 and has recommended approval of Zone Change 96-015 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows : Section 1 . Council Findings . 1 . The proposal is consistent with the General Plan Land Use Element and other elements contained in the General Plan including the Economic Development Element. 2 . The proposal will not result in any significant adverse environmental impacts . The Negative Declaration prepared for the project is adequate . Section 2 . Zoning Text. The Zoning Ordinance text is hereby amended by the addition of the language shown on the attached Exhibits A and B. ORDINANCE NO. 330 PAGE 2 Section 3 . 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 4 . 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 Councilman Luna and seconded by Councilman Clay, the foregoing Ordinance is approved by the following role call vote : AYES : Councilmembers Luna, Carden, Clay, Lerno and Mayor Johnson. NOES : None. ABSENT: None. DATE ADOPTED: June 10, 1997 By: RAY JOf NSP, Mayor ATTEST: MARCIA TORGERSON, C' y Clerk APPROVED AS TO FORM: ovy,-- ROYII ' HANLEY, C ty Attorney PRE RED BY: STEVEN L. DeCAMP, ting Director Community Development Department Exhibit A Section 9-3.173. (k) is, hereby added (new language shown in bold type) 9-3.173. Conditional Uses: The following uses may be allowed in the Residential Multiple Family Zone. ,The establishment of conditional uses shall be as provided by Section 9-2.109 (Conditional Use Permits) : (a) Churches and related activities (See Section 9-6.121) (b) Schools (See Section 9-6.125) (c) Mobilehome developments (See Section 9-6.143) (d) Organizational Houses (e) Pipelines (f) Farm Animal Raising (See Section 9-6.112) (g) Retirement hotel (h) Bed and Breakfast (i) Skilled Nursing. Facility '(See Section 9-6.134) (j) The following uses where established in a residential structure of historical importance: (1) Broadcasting Studios (2) Business Support Services (3) Libraries and museums (4) Offices (5) Personal Services (6) School-business and vocational (k) Parking Lots (see Section 9-4.120) Exhibit B Section 9-4.120. is hereby amended as follows (new language shown in bold type) : 9-4.120. off-Site Parking: (a) Where it is not feasible to provide sufficient on-site parking, an adjustment (Section 9-1.112) many 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 Us 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 (1/2) 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 from the street. A minimum of one-half (1/2) 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.