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HomeMy WebLinkAboutOrdinance 421 CERTIFICATION I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct original of Ordinance No. 421 adopted by the Atascadero City Council at a regular meeting thereof held on June 24, 2003, and that it has been duly published pursuant to State Law. x DATED: ` 0 2) Marcia McClure Torgerson City Clerk City of Atascadero, California h ORDINANCE NO. 421 A ORDINANCE OF THE CITY OF ATASCADERO AMENDING THE DOWNTOWN COMMERCIAL ZONING CODE TEXT ZCH 2002-0023 TO PERMIT OFFICE, BUSINESS AND VOCATIONAL SCHOOL, RESEARCH AND DEVELOPMENT, HEALTH CARE, AND BROADCASTING SERVICE USES ON THE FIRST FLOOR WITHIN THE DOWNTOWN COMMERCIAL (DC) ZONING DISTRICT, WITH APPEARANCE REVIEW BY THE MAIN STREET ORGANIZATION. ALSO, HANDICAPPED ACCESSIBLE RESIDENTIAL UNITS WOULD BE ALLOWED ON THE FIRST FLOOR IN NON-STOREFRONT LOCATIONS (6500 Palma Avenue/ City of Atascadero/Main Street Organization) WHEREAS, the City of Atascadero (6500 Palma Avenue, Atascadero, CA 93422) has proposed to consider a project consisting of a zoning text amendment of the City's Downtown Zoning District ordinance to permit office, business & vocational school, research & development, health care, and broadcasting service uses on the first floor within the Downtown Commercial (DC) zoning district, with appearance review by the Main Street Organization. Also, handicapped accessible residential units would be allowed on the first floor in non- storefront locations; and, WHEREAS, the site's General Plan Designation is D (Downtown); and, WHEREAS, the site's current zoning district is DC (Downtown Commercial); and, WHEREAS, General Plan Downtown land use designation allows a mix of retail, office, restaurant, personal service, commercial and residential uses as identified in the Downtown Revitalization Plan; and, WHEREAS, the project is exempt from CEQA by Statute Section 15061; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the zoning text to protect the health, safety and welfare of its citizens by applying orderly development and expanding economic opportunities within the City; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject zoning text amendment 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 zoning amendments; and, WHEREAS, the Atascadero City Council, at a Public Hearing held on June 10, 2003, studied and considered Zone Change 2002-0023, and, NOW, THEREFORE,the City Council takes the following actions: City of Atascadero Ordinance No.421 Page 2 of 7 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 APPROVAL. 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. 2. The Atascadero City Council, in a regular session assembled on June 10, 2003 resolved to introduce for first reading an ordinance that would amend the City Zoning ordinance with the following: 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; City of Atascadero Ordinance No.421 Page 3 of 7 2. Restaurants, entertainment facilities, lodging, and non-automotive services (banks, health care, etc.); 3. First floor office uses are allowed with storefront and signage appearance review and approval of Atascadero Main Street Association;however,office uses are encouraged to locate on upper floors leaving prime first floor spaces available for retail and restaurant spaces. 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 9-3.262 illowed .Tres and P rr>tit t I.�tt u� ( ) lie �lrexnents far L r wntc wrt Z, ,I District; CLIP Cand�tj rrtal L1se rtttit r wined Use nat owe PERMIT g UIREi7 $pec(fic tT e LAtwlO USIA(1) 13 t Iteuiatitns MANUFACTURING&PROCESSING USES Light repair services P — Printing and publishing P P R&D(t)(Research and development including technology) P P R&D-Biotechnology,chemical,pharmaceutical CUP CUP RECREATION,EDUCATION&ASSEMBLY USES City of Atascadero Ordinance No.421 Page 4 of 7 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 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(6) — Multi-family and single-family dwellings P(3) P(3) Senior citizen housing CUP(4) — KEY TO ZONING DISTRICT SYMBOLS ......................... DC Downtown Commercial .......................... D0 ! 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) Residential uses allowed only on second and third floor,except sites north Olmeda Avenue. If a project is required to provide a unit in compliance with the Americans Disability Act,the handicapped accessible unit may be located on a first floor. A first floor unit shall be located in a non-storefront location within a tenants ace. (4) Use allowed only on sites north of Olmeda Avenue. (5) Permitted use if the residential quarters are located on the 2nd or 3rd floors. (6) Conditional Use Permit required if the residential quarters are located on the 1st floor. I —T ...... ....................................... ........ .......... ....... ...... ._....... ....... Al .............Is ....... .................. s s7 s .................... .......... ........... ........ .................... ........................ ............ ............. t.............. ............ ..... .. .......... �ss�s;��,.;;, ........... ........ ...........: :i:�: ,,, ........... ........... ........... ............ .............................. ................ ............. ............ .......... ........................ .............. .......... ................. ........... .......... .......... .......... ............... ............ ............... c�we .Ts apt �' rrnit P! ettlU ( Ike uir �sterits t1>C �CfY'tAr11� 111tt11'It ! CUl' ortditianalUseerrfnitrquir�d Use nf�tIlpcvFd PMI P RITI1EtJpF%f�C ASF .. NOV (l U Ute Itgultxttns 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 IP — City of Atascadero Ordinance No.421 Page 5 of 7 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- CUP P through 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 P Offices P P Personal services P — KEY TO ZONING DISTRICT SYMBOLS 1 C Downtown Commercial ......................... .......................... ......................... ISO 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. AIIz WedVA artyrWit P, f'ertted uc xirxnnts Q1` O�k�QW1I11ISiCfS' CUP Conl�t�?tallls ' rtt�itrquircl Use not llawed.;. P1rMTTRIQT�ItEC? Speefzl7se LANI3 USE(1) DC Da IZ au atlOns .... TRANSPORTATION,COMMUNICATIONS,&INFRASTRUCTURE USES Broadcasting studios CUP P Transit stations and terminals CUP CUP Utility facilities CUP CUP KEY TO ZONING DISTRICT SYMBOLS A1C_... Downtown Commercial .......................... ......................... Ofl 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. City of Atascadero Ordinance No.421 Page 6 of 7 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. lie gnitr rr nt b Zoom fSistrict IDcD Uo�wrttc wn l�otr►mer X it r?ox ttQwn<7ffi e 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. 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 required 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 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) Density 16 dwelling units/acre 16 dwelling units/acre City of Atascadero Ordinance No.421 Page 7 of 7 SECTION 3. Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31" day after its final passage. On motion by Council Member Scalise and seconded by Council Member O'Malley, the foregoing Resolution is hereby adopted following roll call vote: AYES: Council Members O'Malley, Scalise and Mayor Clay NOES: Council Members Luna and Pacas ABSTAIN: None ABSENT: None ADOPTED: June 24, 2003 By: �� Jerry L. y, 9r., Mayor Attest: f Marcia McClure Torgerson, City 4rk Approved as to form: Roy anley, City Att ney i