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HomeMy WebLinkAboutOrdinance 425 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. 425 adopted by the Atascadero City Council at a regular meeting thereof held on September 23, 2003, and that it has been duly published pursuant to State Law. DATED: —<D 2> C Marcia McClure Torgerson, C. .C. } City Clerk City of Atascadero, California ORDINANCE NO. 425 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING THE COMMERCIAL PARK ZONING CODE TEXT ZCH 2003-0054 TO PERMIT EATING AND DRINKING PLACES OF UP TO 2,500 SQUARE FEET; OFFICE; BUSINESS; AND HEALTH CARE SERVICES AS PERMITTED USES IN THE CPK ZONING DISTRICT (6500 PALMA AVENUE / CITY OF ATASCADERO) 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 Commercial Park Zoning District ordinance to permit eating and drinking places up to 2,500 square feet; Office; Business; and Health Care Services as permitted uses in the CPK Zoning District; and, WHEREAS,the site's General Plan Designation is CPK(Commercial Park); and, WHEREAS,the site's current zoning district is CPK(Commercial Park); and, WHEREAS, the General Plan contains Policies and Programs under LOC Goals 13 and 14 that identifies a zoning ordinance update to allow office, business and health care services within the CPK zoning district and review and update of the zoning ordinance to encourage sound economic development along major corridors; and, WHEREAS, the project has been analyzed adequately in the 2002 General Plan EIR pursuant to applicable standards and impacts have been avoided or mitigated pursuant to the that EIR, 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 August 12, 2003, studied and considered Zone Change 2003-0054, and, NOW, THEREFORE, the City Council takes the following actions: SECTION 1, FINDINGS FOR STATUTORY EXEMPTION 1. The proposed project has been analyzed adequately in the 2002 General Plan EIR pursuant to applicable standards and impacts have been avoided or mitigated pursuant to the that EIR. The project will have no significant effect on the environment. City of Atascadero Ordinance No.425 Page 2 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 August 12, 2003 resolved to introduce for first reading an ordinance that would amend the City Zoning ordinance with the following: 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) Accessory storage (see Section 9-6.103); (c) Broadcasting studios; (d) Building materials and hardware (see Section 9-6.165); (e)Business support services; (f) Contract construction services; (g)Electronic and scientific instruments; (h) Farm equipment and supplies; (i) Food and kindred products (see Section 9-6.128); 0) Fuel and ice dealers (see Section 9-6.129); (k) Furniture and fixtures; (1)Horticultural specialties (see Section 9-6.116); (m)Laundries and dry cleaning plants; (n) Light repair services; (o) Mail order and vending; (p) Roadside stands (see Section 9-6.117); (q) Schools--business and vocational (see Section 9-6.125); (r) Small scale manufacturing; (s) Stone and cut stone products; (t) Temporary events (see Section 9-6.177); (u)Temporary or seasonal sales (see Section 9-6.174); (v)Utility transmission facilities; City of Atascadero Ordinance No.425 Page 3 (w)Wholesaling and distribution; (x) The following uses when established in conjunction with a commercial center containing at least one major commercial tenant with a minimum of twenty thousand (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. (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 169 § 2 (part), Exh. B (part), 1988: Ord. 77 § 1 (1), 1984; Ord. 68 § 9-3.252, 1983) (v)Eating and drinking places of up to 2,500 square feet, z Office,• (aa) Health care services. SECTION 4. EFFECTIVE DATE. This ordinance shall be effective a 12:01 a.m. on the 31t day after its final passage. On motion by Council Member O'Malley and seconded by Mayor Clay, the foregoing ordinance is hereby adopted following roll call vote: AYES: Council Members Luna, O'Malley, Pacas, Scalise and Mayor Clay NOES: None ABSTAIN: None ABSENT: None ADOPTED: September 23, 2003 By. , J rry L. y, tr., Mayor Attest: C OarclaMcClure Torgerson, C.M.C., ty Clerk Approved as to form: y5a- 4: Roy . Hanley, City Atto ey