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HomeMy WebLinkAboutOrdinance 256 CERTIFICATION I, LEE RABOIN, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 256 adopted by the Atascadero City Council at a regular meeting thereof held on September 22, 1992 and that it has been duly published pursuant to State Law. DATED: r L E RABOIN City Clerk City of Atascadero, California ORDINANCE NO. 256 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE ZONING ORDINANCE TEXT TO ADD A PROCEDURE FOR ADMINISTRATIVE USE PERMITS (ZC 92-007; City of Atascadero) (Zone Change 92-007) WHEREAS, the proposed text amendment is consistent with the General Plan as required, by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not have an impact upon the environment. The project is categorically exempt from the provisions of the California Environmental Quality Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on August 4f 1992 continued to August 18, 1992 and has recommended approval of Zone Change 92-007. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is consistent with the General Plan. 2. The proposal will not result in any environmental impacts. The project is categorically exempt from the provisions of the California Environmental Quality Act. Section 2. Zoning Text. The Zoning Ordinance text is hereby amended by the repeal of Section 9-1. 112 (Adjustment) and the addition of the language shown on the attached Attachment A. Section 3. 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 NO. 256 ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by Councilperson Luna and seconded by Councilperson Bewley, the foregoing Ordinance is approved by the following role call vote: AYES: Councilmembers Bewley, Borgeson, Kudlac, Luna and Mayor n Nimmo NOES: None ABSENT: None DATE ADOPTED: September 22, 1922 By: ROBERT P. NIMMO, Mayor City of Atascadero, California ATTEST . 2 T7,EOIN, i Clerk APPROVED AS TO FORM: ART O TANDO , T y ttorney PREPARED BY: HENRY ENGEN Communi Development Director 2 Ordinance No. 256 Exhibit "A" Page 1 9-1. 112. Administrative Use Permit: An Administrative Use Permit is intended to allow for public review of land use proposals which are not of sufficient magnitude or complexity to warrant a Planning Commission hearing, but which could have a noticeable impact in the neighborhood. It provides flexibility in the regulation of certain standards set forth in Chapters 9-4, 9-6 and 9-15 of this ordinance. This procedure ensures public review of proposed uses so that they will be compatible with existing or desired conditions in their neighborhoods. When Allowed: When a standard of Chapter 9-4, 9-6 or 9-15 identifies specific circumstances under which reduction or modification of the standards may be appropriate, an applicant may make application for an Administrative Use Permit. Application: An Administrative Use Permit application shall be filed with the Community Development Department as an attachment to its respective project application, and shall include appropriate supporting materials. Supporting materials shall include, but not be limited to, a plot plan, written description of activities proposed, rationale for relaxation or modification of the applicable standard, and mailing labels with the names and addresses for all property owners located within three hundred feet (300 ' ) of the subject property. The Hearing Officer may require additional information as necessary. Processing: The Community Development Department Hearing Officer shall hold a public hearing to review whether findings can be made to approve the application. Notice of the hearing shall be given to adjacent property owners as provided in Section 9-1. 110. Approval of the application may be made contingent upon conditions of approval. The applicant, or any aggrieved party, may appeal the Hearing Officer's decision and/or conditions of approval to the Planning Commission. The Hearing Officer's decisions shall be final unless appealed as provided in Section 9-1.111 of this Title. An additional fee shall not be charged if the application for administrative use permit is considered in conjunction with a Plot Plan, Precise Plan or Conditional Use Permit. Findings for Approval: An Administrative Use Permit shall be approved only if the following Findings are made in the affirmative by the Hearing Officer: Ordinance No. 256 Exhibit "A" Page 2 (a) Modification of the applicable standard will not result in a project that is inconsistent with the General Plan; and (b) Modification of the applicable standard will not result in a project that is inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and (c) Modification of the applicable standard will not result in a project that is not in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; and (d) Modification of the applicable standard will not result in the authorization of a use not otherwise allowed; and (e) Any other findings deemed necessary.