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Home My WebLink AboutOrdinance 375 CERTIFICATION I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 375 adopted by the Atascadero City Council at a regular meeting thereof held on August 22, 2000, and that it has been duly published pursuant to State Law. DATED: —O CZ )�kcA A% -" w q&c_ Marcia McClure Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 375 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE 2000- 0003 TO (1) REPEAL ARTICLE 13 THROUGH 16 AND ARTICLE 22 THROUGH ARTICLE 23 OF TITLE 9 OF THE CITY'S MUNICIPAL CODE, (2) AMEND THE OFFICIAL ZONING MAP, (3) AMEND THE ZONING ORDINANCE TEXT TO IMPLEMENT THE DOWNTOWN DESIGNATION OF THE GENERAL PLAN (Zch 2000-0003: Downtown Revitalization Plan /Main Street Program, Atascadero Redevelopment Agency) WHEREAS, the City of Atascadero has formed a Redevelopment Agency for the purposes of revitalizing the historic core of Atascadero and the Agency has sponsored the formation of a Main Street organization to plan and implement this program; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on July 12, 2000, recommended approval of Zone Change 2000-0003; and WHEREAS, the Planning Commission of the City of Atascadero recommended repealing the Downtown Master Plan from the General Plan and its corresponding downtown land use designations; and, WHEREAS, the City of Atascadero currently has Downtown Zoning Districts 1-4 and a Pedestrian Retail and Tourist Commercial overlay within the Downtown boundary that were adopted by Ordinance No. 215; and, WHEREAS, the City Council has determined that it is in the best interest of the City to repeal the existing code text pertaining to Downtown Zoning Districts contained in Article 13 through Article 16 and Article 22 through Article 23 of Title 9 of the City's Municipal Code (Zoning Ordinance), and adopt a new code text and amend the Official Zoning Map accordingly, to ensure the orderly and efficiency redevelopment of the Downtown consistent with the Downtown Revitalization Plan; 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 Zone Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on July 25, 2000, studied and considered Zone Change 2000-0003, after first studying and considering the Draft Negative Declaration prepared for the project and the Planning Commission's recommendation, and, NOW, THEREFORE,the City Council does ordain as follows: Section 1. Findings for approval of zoning map and zoning text change. City of Atascadero Ordinance No.375 Page 2 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. The zone change will not, in itself, result in significant environmental impacts. The Negative Declaration prepared for the zone change and for the project has been certified as adequate, in accordance with California environmental laws. Section 2. Zone map change. The Official Zoning Map 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 3. Zone text chance. 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 B, which is made part of this ordinance by reference. Section 4. Effective Date. This ordinance shall be effective at 12:01 a.m. on the 31St day after its final passage. On motion by Council Member Luna and seconded by Council Member Arrambide, the foregoing Ordinance is hereby adopted following roll call vote: AYES: Council Members Arrambide, Clay, Luna, Scalise and Mayor Johnson NOES: None ABSTAIN: None ABSENT: None ADOPTED: August 22, 2000 B Ray ohns n, ayor Attest: Marcia McClure Torgerson, City +k- Approved as to form: &J " Roy r anley, City Altorney Exhibit A: Official Zoning Map Amendment ZCH 2000-0003 EXISTING 4410 m�m m r{ {{{1r y{yyr}S Legend r?res?ter{ F: F„} r E Downtown Districts M %E--u- Pedestrian Commercial FLj1j;F1j{r Downtown Commercial yFBF;• Restaurant/Entertain. ® Public/Future Develop. e ® Public Commercial 0 Recreation Overlay Zones ® Pedestrian Retail ® Tourist Commercial o ] PROPOSED D m Ift Qp�t�Up •''{{frc F} ~r• a ?r 1f• f�• 1 1:F}J~firiF~• Legend r�F1F13,1;'F Downtown Districts ® Downtown Commercial ® Downtown Office Recreation a ATAscADERo MUNICIPAL CODE-TITLE 9,ZONING ORDINANCE Downtown Zoning Districts 9-3.261 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: 1. 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. Offices on upper floors,other than City government facilities,and offices that generate significant pedestrian traffic;and 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. Downtown Zoning District Requirements 1 July 2000 ATASCADERO MUNICIPAL CODE-TITLE 9,ZONING ORDINANCE Downtown Zoning Districts 9-3.262 :.:.: .. . .................. A�1�a�c��l:Use��d�Pei:�I��q�x±e��ts �'. s:;''�'si3rni�te�use(2).•......:.:.:.:..:..... ....' . .Uee giiC�Ijow ei is Uti�t:. .. .8 ecif :F£I�MI'�?I�E�?aIRELJr .. : ..::.:.P::...:..:.•: :.: : ..R a" ia#fitia MANUFACTURING&PROCESSING USES Light repair services P — Printing and publishing P P R&D(t)(Research and development including technology) i P(3) P R&D-Biotechnology,chemical,pharmaceutical CUP(3) 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 CUP(3) 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(6)/ CUP(7) — Multi-family and single-family dwellings P(4) P(4) Senior citizen housing CUP(5) 1 — KEY TO ZONING DISTRICT SYMBOLS Downtown Commercial 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 only on second or third floor. (4) Residential use allowed only on second or third floor,except on sites north of Olmeda Avenue. (5) Use allowed only on sites north of Olmeda Avenue. (6) Permitted use if the residential quarters are located on the 2nd or 3rd floors (7) Conditional Use Permit required if the residential quarters are located on the 1st floor. Draft Downtown Zoning District Requirements June 2000 2 ATASCADERO MUNICIPAL CODE-TITLE 9,ZONING ORDINANCE Downtown Zoning Districts 9-3.262 :.::x:fi :::.:.�e:::.:..:..:':'.'.:.'`.'.':'.'.'.:'.:'.:'.' t �drKsdIes cl 'en ..Te,qu �emtts. . :....... :: ... se C36i1A?Krtk. .:.:.:.:.:.:.:.:.:.:.:.::.'.:.:'..:.:.:.:..:..:..:...:..:C.:.I:.:.I:'.: : iaist#nr►ali3Pe n.....r:. .:.........:.. ase :: t allttei PMII`RE±QUIRE3 Sleee�E#e kTse I AT#.1.iJSE(1) C Regalaticros 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 CUP P Bed and Breakfast 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(3) P Offices P(4) P Personal services P — KEY TO ZONING DISTRICT SYMBOLS DC Downtown Commercial I 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. (3) Use allowed only on second or third floor. (4) Use allowed only on second or third floor,except with CUP approval. CUP approval shall require that the Commission first find the.following,in addition to the findings normally required: a. The proposed use will generate a volume of pedestrian traffic similar to a retail store; b. The building fagade will include design elements that will provide pedestrian interest and attraction similar to a retail store; c. Establishment of the proposed use will retain the majority of the frontage on the block where the site is located in retail stores or other uses listed in this table as permitted(P)uses. Draft Downtown Zoning District Requirements June 2000 3 ATASCADERO MUNICIPAL CODE-TITLE 9,ZONING ORDINANCE Downtown Zoning Districts 9-3.262 . . ................. ...::.....::..... . .. . ...::. Ala..... es.ax�d rni# equ .,... ( 3.: h.�al:Use:Powi or Dii#ort' OiFi4ix ,...,........_.......eq............... ge�►or�llawed:: .1'�Rts+1I'�'lZE�t.�I�k? : Specific Etse• L1CO .' AQolati+�iis , TRANSPORTATION,COMMUNICATIONS,&INFRASTRUCTURE USES Broadcasting studios CUP(3) P Transit stations and terminals CUP CUP Utility facilities CUP CUP KEY TO ZONING DISTRICT SYMBOLS Ll Downtown Commercial :`.00 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. (3) Use allowed only on second or third floor. Draft Downtown Zoning District Requirements June 2000 4 ATASCADERO MUNICIPAL CODE-TITLE 9,ZONING ORDINANCE Downtown Zoning Districts 9-3.263 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. Requirement b Zoning District Development Feature DC DO Downtown Commercial Downtown Office Minimum lot size No minimum Setbacks Minimum and inaximum setbacks required. See Section 9-4.103 for setback measurement,allowed pTLections into setbacks,and exceptions to setbacks. Front None allowed,except for building As required by Section 9-4.106 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. Sides(each) None re uired Rear None required Creek To be determined throu h Design Review Height limit 45-feet not to exceed 3 stories;18 35 ft feet on the west side of El Camino Real between the outside right-of- way lines of East mall and West Mall. Landscaping As required by Sections 94.124 et seq.(Landscaping,Screening and Fencing) Off-street parking None required,except as required As required by Sections 94.114 et by 94.114 for hotels,motels,and seq. residential uses,and for all development east of Atascadero Creek. Signs See Section 9-15.0005(b) Density Residential density shall not Residential density shall not exceed the standards for exceed the standards for High Density Multi-FamilV High Density Multi-Family Downtown Zoning District Requirements 5 July 2000