HomeMy WebLinkAboutOrdinance 154 ORDINANCE NO. 154
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)
AMENDING ORDINANCE NUMBER 152
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, the proposed extension of interim Ordinance No. 152 has
been noticed for public hearing held on Judy 14, 1987 pursuant to
Section 65090 of the Governme 'ACode; 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*tnder Government Code Section 65858 and
is in full force and effect for 10 months and 15 days.
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.
r
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 COUNCILMAN BOURBEAU and seconded by COUNCILWOMAN
BORGESON , the foregoing ordinance is hereby adopted in its en-
tirety by the following roll call votes
AYES: COUNCILMEMBERS BORGESON, BOURBEAU, MACKEY AND MAYOR NORRIS
NOES: COUNCILMAN HANDSITY
ABSENT:NONE
DATE ADOPTED: 7/14/87
CITY OF ATASCADERO, CALIFORNIA
J
BARBARA NORRIS� MAYOR
ATTEST:
BOYD C SHARITt Cit erk
RO D AS TO CONTENT:
tvA�
MICHAELLTON, City Manager By : David Jorgensen
Acting City Manager
APPROVED AS TO FORMS
Y A. rIEN
N, City Attorney
PREPARED BY :
4muo.a
HENRY ENGE
Community lvelopment Director