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Home My WebLink AboutOrdinance 175 ORDINANCE NO. 175 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 154 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 prohibiting actions which may be in conflict with a contemplated zoning proposal which the legislative body, Planning Commission or Community Develoment 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 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. 154 has been noticed for public hearing held on June 14, 1988 pursuant to Section 65090 of the Government Code; 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 Environmental Impact Report is not necessary. 3 . That further study is necessary to determine what legislation, if any, is proper for the protection of the public health, safety and welfare. 4 . That there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions inconsistent with the zoning text changes provided 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 Residential Single Family zone and 9-3 . 164 Minimum Lot Size in the Limited Residential Single Fami y zone shall be changed to read as follows 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 of 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 and is in full force and effect for one ( 1 ) year. 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 protection 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 MACKEY and seconded by COUNCILWOMAN BORGESOV the foregoing ordinance is hereby adopted in its entirety by the following roll call vote: AYES: COUNCILMEMBERS BORGESON, BOURBEAU, HANDSITY, MACKEY AND MAYOR NORRIS NOES: NONE ABSENT: NONE DATE ADOPTED: 6/14/88 CITY OF ATASCADERO, CALIFORNIA BARBARA NORR S, MAYOR ATTEST: OYD e. S ITZ, City C er APPROVED AS TO CONTENT: Rjy/" LL HANLEY Interim City Manager APPROVED AS TO FORM: IL04444-s-- REPAREDITYR NSEN, City Attorney REPARED Y: HENRY ENGEN Community De elopment Director (Amended by Stats. 1984, Ch. 1009.) Commission review- 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. (Amended by Stats. 1973, Ch.. 600.) Urgency measure: 65858. [Text of section operative until Interim zoning _January 1, 1989.1 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 6509u and public hearing, jin 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 legislative body 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 this section unless the ordinance contains a- finding that there is a current and immediate threat to 107