HomeMy WebLinkAboutOrdinance 152 REV. 5/11/87
5/26/87
ORDINANCE NO. 152
AN URGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF ATASCADERO AMENDING TITLE 9 ZONING REGULATIONS
BY CLARIFYING THE MINIMUM REQUIRED LOT SIZE IN THE LSF-X
AND RSF-X DISTRICT AS REQUIRING A NET MINIMUM LAND AREA OF
20,000 SQUARE FEET WITH SEWER (EXCLUDING LAND AREA NEEDED
FOR STREET RIGHTS-OF-WAY WHETHER PUBLICLY OR PRIVATELY OWNED)
WHEREAS, Section 65858 of the Government Code authorizes the
adoption by local legislative bodies of interim ordinances as urgency
measures to protect the public safety, health and welfare; and
WHEREAS, said ordinances may be adopted as urgency measures pro-
hibiting actions which may be in conflict with a contemplated zoning
proposal which the legislative body, Planning Commission or Community
Development Department is considering, or studying, or intends to
study within a reasonable time; and
WHEREAS, the City is presently studying amendments to the City' s
General Plan and zoning regulations to clarify definitions of minimum
lot areas required; and
WHEREAS, the City Zoning Ordinance Sections 9-3.154 and 9-3. 164
were recently amended (Ordinance 145) to reduce minimum lot size in
the RSF-X and LSF-X districts to 20,000 square feet with sewers; and
WHEREAS, said revision was a reduction from one-half acre minimum
lot size to eliminate disputes as to credit for fee ownership of roads
with the objective of setting a minimum net lot area of 20,000
square feet in these districts where sewer is available regardless of
ownership of said fee title to the roads; and
WHEREAS, applications for the subdivisions of land with lot sizes
of less than 20, 000 square feet net have been submitted contrary to
the City Council' s intent; and
WHEREAS, such urgency measures shall require a four-fifths vote of
the legislative body for adoption.
NOW, THEREFORE, the City Council of the City of Atascadero does
ordain as follows:
Section 1. Council Findings.
1. The proposed code amendment is in conformance with Section
65800 et seq of the California Government Code concerning
zoning regulations.
2. The proposed zoning text amendment will not have a significant
adverse effect on the environment. Preparation of an Environ-
mental Impact Report is not necessary.
3. That there are pending applications for subdivisions of land
in conflict with general plan and zoning changes being
studied.
4. That further study is necessary to determine what legislation,
if any, is proper for the protection of the public health,
safety and welfare.
5. That there is a current and immediate threat to the public
health, safety, or welfare, and that the approval of addition-
al subdivisions inconsistent with the zoning text changes pro-
vided for herein, would result in a threat to public health,
safety, or welfare.
Section 2. Zoning Text Change.
That the chart in Section 9-3.154 Minimum Lot Size in the Resi-
dential Single Family zone and 9-3.164 Minimum Lot Size in the Lim-
ited Residential Single Family Zone shall be changed to read as fol-
lows in relation to the Symbol X:
SYMBOL MINIMUM LOT SIZE
X 20,000 square foot net area (excluding land area
needed for street rights-of-way whether publicly
or privately owned) with sewer; half acre net
area (excluding land area needed for street
rights-of-way) whether publicly or privately
owned) where sewer is not available.
Section 3.
All applications for a permit for a subdivision of land which had
been pending before the City on May 12, 1987 shall not be affected by
or subject to the restraints herein enacted.
Section 4.
This ordinance is adopted under Government Code Section 65858.
Section 5.
The City Council hereby declares that this is an urgency ordinance
necessary to preserve the public peace, health and safety due to the
facts set forth above.
Section 6.
This ordinance being an urgency ordinance for the immediate pro-
tection of the public safety, health and general welfare, containing a
declaration of the facts constituting the urgency and passed by a
four-fifths (4/5) vote of the Council shall take effect immediately
upon its adoption.
Section 7. 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 this City.
On motion by COUNCILWOMAN NORRIS and seconded by COUNCIL-
WOMAN BORGESON , the foregoing ordinance is hereby adopted in its —en-
tirety by the following roll call vote:
AYES: COUNCILMEMBERS BOR GESON, BOURBEAU, NORRIS AND MAYOR MACKEY
NOES: NONE
ABSENT: COUNCILMAN HANDSITY
DATE ADOPTED: 5/26/87
CITY OF ATASCADERO, CALIFORNIA
MA JORIE R. MAC EY, Mayor
ATTEST: By: BARBARA NORRIS, Mayor Pro Tempore
BOYD C. SHAR TZ, Cit lerk
APPROVED AS TO CONTENT:
(4
M CHA S ELTO , City Manager
APPROVED AS TO FORM:
f Qet44*��
RE JGORrSEN, City Attorney
EPARED
AkC4�
HENRY ENGEN,
Community De lopment Director
GAEAN M61-4T CO 05 *X CC-OP'j'
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• (Amended by Stats. 1984, Ch. 1009.)
Commission revieV of 65857. The legislative body may approve,
legislative body's modify or disapprove the recommendation of the
changes planning commission ; provided that any
modification of the proposed ordinance or
amendment by the legislative body not previously
considered by the planning commission during its
hearing, shall first be referred to the planning
commission for report and recommendation, but the
planning commission shall not be required to hold
a public hearing thereon. Failure of the
planning commission to report within forty
(40) days after the reference, or such longer
period as may be designated by the legislative
body, shall be deemed to be approval of the
proposed modification.
(&mended by Stats. 1973, Ch. 600.)
,Urgency measure; 65858. [Text of section operative until
Interim zoning rani 9.
ordinance (effective (a) Without following the procedures otherwise
until 1/1/89) required prior to the adoption of a zoning
ordinance, the legislative body, to protect the
public safety, health and welfare, may adopt as
an urgency measure an interim ordinance
prohibiting any uses which may be in conflict
• with a contemplated general plan, specific plan,
or zoning proposal which the legislative body,
planning commission or the planning department is
considering or studying or intends to study
within a reasonable time. That urgency
measure shall require a four-fifths vote of the
legislative body for adoption. The interim
ordinance shall be of no further force and effect
45 days from its date of adoption. After notice
pursuant to Section 65090 and public hearing,
the legislative body may extend the interim
ordinance for 10 months and 15 days and
subsequently extend the interim ordinance for
one year. Any such extension shall also require
a four-fifths vote for adoption. Not more than
the two such extensions may be adopted.
(b) Alternatively, an interim ordinance may be
adopted by a four-fifths, vote following notice
pursuant to Section 65090 and public hearing,
in which case it shall be of no further force and
effect 45 days from its date of adoption. After
notice pursuant to Section 65090 and public
hearing, the legislativebody may by a four-
fifths vote extend the interim ordinance for
22 months and 15,days.
(c) The__legislative body shall not adopt or
extend any interim ordinance pursuant to ` thi 's
section unless the ordinance contains a finding
that there is a current and immediate threat to
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the public health, safety, or welfare, and that
the approval of additional subdivisions, use
permits , variances, building permits, or any
other applicable entitlement for use which is
required in order to comply with a zoning
ordinance would result in a threat to public
health, safety, or welfare.
(d) Ten days prior to the expiration of an
interim ordinance or any extension, the
legislative body shall issue a written report
describing the measures taken to alleviate the
condition which led to the adoption of the
ordinance.
(e) When any such interim ordinance has been
adopted , every subsequent ordinance adopted
pursuant to this section, covering the whole or a
part of the same property, shall automatically
terminate and be of no further force or effect
upon the termination of the first such ordinance
or any extension of the ordinance as
provided in this section.
Repealer This section shall remain in effect only until
January 1, 1989, and as of such date is repealed,
unless a later enacted statute , which is
chaptered before January 1, 1989, deletes or
extends such date.
(Amended by Stats. 1982, Ch. 1108; Stats. 1984,
Ch. 1009.)
Note: Stats. 1982, Ch. 1108, also reads:
Urgency measure: SEC. 20 658580 [Text of section operative
Interim zoning January 1, 1989.]
ordinance (operative Without following the procedures otherwise
1/1/89) required preliminary to the adoption of a zoning
ordinance, the legislative body, to protect the
public safety, health and welfare, may adopt as
an urgency measure an interim ordinance
prohibiting any uses which may be in conflict
with a contemplated general plan, specific plan,
or zoning proposal which the legislative body,
planning commission, or the planning department
is considering or studying or intends to study
within a reasonable time . That urgency
measure shall require a four-fifths vote of the
legislative body for adoption. The interim
ordinance shall be of no further force and effect
four months from its date of adoption. After
notice pursuant to Section 65090 and public
hearing, the legislative body may extend the
interim ordinance for eight months and
subsequently extend the interim ordinance for
one year. Any such extension shall also require
a four-fifths vote for adoption. Not more than •
the two such extensions may, be adopted.
Alternatively, an interim ordinance may be
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