HomeMy WebLinkAboutOrdinance 224 CERTIFICATION
I, LEE DAYKA, City Clerk of the City of Atascadero, hereby
certify that the foregoing is the true and correct original of
Ordinance No. 224 adopted by the Atascadero City Council at a
regular meeting thereof held on May 28, 1991 and that it has been
duly published pursuant to State Law.
i`
DATED: June 7, 1991. ----�
L AYKA
City Clerk
City of Atascadero, California
ORDINANCE NO. 224
AN INTERIM ORDINANCE OF THE COUNCIL OF THE
CITY OF ATASCADERO AMENDING THE ZONING ORDINANCE
BY REQUIRING CONDITIONAL USE PERMITS
FOR THE INSTALLATION OF CERTAIN PREVIOUSLY ALLOWED
UTILITY TRANSMISSION FACILITIES WITHIN RESIDENTIAL ZONES
(CITY COUNCIL INITIATED)
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 Development Department is considering, or studying,
or intends to study within a reasonable time; and
WHEREAS, the City has undertaken a program to review, revise
and update the City' s Zoning Ordinance text and map; and
WHEREAS, the City's Zoning Ordinance permits a wide variety
of uses within residential zones which could be deleterious to
the stated objectives of such zones; and
WHEREAS, the City Council held a public hearing on the
matter on May 28, 1991; 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 ordinance text amendment is
categorically exempt from the provisions of the California
Environmental Quality Act.
3. Further study is necessary to determine what, if any,
legislation is necessary and proper for the protection of
the public health, safety, and welfare.
4. The proposed zoning ordinance text amendment designates uses
which are presently allowed to be uses which may be
permitted subject to a conditional use permit to ensure
Ordinance No. 224
consistency with the residential goals of the General Plan.
5. There is a current and immediate threat to the public
health, safety, or welfare, and approval of additional
building permits for the stated uses inconsistent with the
zoning ordinance text amendments provided for herein would
result in a threat to public health, safety, or welfare.
Section 2. Zoning Ordinance Text Change.
1. Section 9-3.701 (Land Use Descriptions) of the Zoning
Ordinance text is hereby amended as shown in the attached
Exhibit "A", which is hereby made a part of this ordinance
by reference.
2. Section 9-3.143, Section 9-3. 153, Section 9-3. 163, and
Section 9-3. 173 of the Zoning Ordinance text are hereby
amended as shown in the attached Exhibit "B", which is
hereby made a part of this ordinance by reference.
Section 3.
This ordinance is adopted under Government Code Section
65858 and is full force and effect for forty-five days.
Section 4.
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 5.
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.
Ordinance No. 224
On motion by Councilperson Nimmo, seconded by Councilperson
Shiers, the foregoing ordinance is hereby adopted in its entirety
by the following roll call vote:
AYES: Councilpersons Shiers, Nimmo, Dexter and Mayor Lilley
NOES: None
ABSENT: Councilperson Borgeson
ADOPTED: May 28, 1991
CITY OFASC DERO, CALIFORNIA
OBERT L L , OR
•
E DAYKA, City C erk
APPROVED AS TO CONTENT:
V v L&A—�
Z�NDSORI City Manager
APPROVED AS TO FORM:
ART R O T DON, City Attorney
PREPARED BY:
HEN Y ENGEN Communi y Development
Director
Ordinance No. 224
EXHIBIT A
Section 9-3.701 LAND USE DESCRIPTIONS
Utility Transmission Facilities:
Utility transmission lines including poles and wires for
electric, cable television and telephone service. Does not
include lines serving individual customers.
Utility Facilities:
Includes utility facilities not included in "Utility Service
Centers" or "Utility Transmission Facilities" such as
substations, water tanks, antennas, satellite receiving or
transmitting dishes, or other facilities requiring or consisting
of above-ground structures.
Ordinance No. 224
EXHIBIT B
RS (Residential Suburban) Zone
9-3. 143. Conditional Uses:
(u) Utility facilities
RSF (Residential Single Family) Zone
9-3. 153. Conditional Uses:
(1) Utility facilities
LSF (Limited Single Family Residential) Zone
9-3.163. Conditional Uses:
(k) Utility facilities
RMF (Residential Multiple Family) Zone
9-3. 173. Conditional Uses:
(i) Utility facilities