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HomeMy WebLinkAboutOrdinance 311 CERTIFICATION I, Marcia M. Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 311 adopted by the Atascadero City Council at a regular meeting thereof held on October 22, 1996 and that it has been duly published pursuant to State Law. DATED: Marcia M. Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 311 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 23 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY LOCATED AT EL CAMINO REAL FROM (RS) RESIDENTIAL SUBURBAN TO (CPK) COMMERCIAL PARK WITH (FH) FLOOD HAZARD AND (PD10) PLANNED DEVELOPMENT #10 OVERLAYS (ZC 95003; City of Atascadero/Hendrix) WHEREAS, the proposed zoning map and text amendments are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendments are in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendments may have a significant adverse impact upon the environment . The Environmental Impact Report and recommended mitigation measures prepared for the project are adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on August 20, 1996 and has recommended approval of Zone Change 95003 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows : Section 1 . Council Findings . 1 . The proposals are compatible with the surrounding land use and zoning. 2 . The proposals are consistent with the General Plan Land Use Element and other elements contained in the General Plan. 3 . The proposals will not result in any significant adverse environmental impacts. The Environmental Impact Report prepared for the project is adequate . 4 . Modification of development standards or processing requirements is warranted to promote orderly and harmonious development . Ordinance #311 Page 2 5 . Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 6 . Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements . Section 2 . Zoning May. Map number 23 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department are hereby amended as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference. Section 3 . Zoning Text . The Zoning Ordinance text is hereby amended by the addition of the language shown on the attached Exhibits B and C. Section 4 . 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 the City. Section 5 . 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 Councilmember Johnson_, seconded by Council- member Bewley , the foregoing Ordinance is approved by the following roll-call vote: AYES: Councilmembers Bewley, Carden, Johnson and Mayor Highland NOES : Councilman Luna ABSENT: None Ordinance #311 Page 3 DATE ADOPTED: October 22, 1996 CITY OF ATASCADERO, CA GEORGE IGHL D, Mayor By: RAY JO SON, Major Pro Tem ATTEST: LEE PRICE, City APPROVED AS XORM: a , Ja AR ER R. MONT DON, City Attorney B • ROY A. HANLEY, Deputy PREPARED BY: STEVEN L. DeCAMP, Acting Director Community Development Department ORDINANCE NO. 311 MEE` GENDA (REVISED) DAY .... iHMI EXHIBIT A Page 1 of 1 1 °v) \ � RMF 16 (RS) \ 44 0 Mio O� CqM, SANfA ti "CPK (FH) (PD12) (RS FH) F a _ m ! a 1 a 4s ,o 04D New Zone="ABC' Old Zone=(XYZ) All Overlay Zones to remain unchanged 000050 EXHIBIT B REVISED DRAFT (October 8, 2996) CPK (Commercial Park) Zone 9-3.251. Purpose: This zone is established to provide for large lot commercial and light manufacturing uses. It is intended that special attention be given to providing for comprehensive development plans to achieve appropriate functional relationships between various uses and preclude "piecemeal" development of existing larger lots. 9-3.252. Allowable Uses: The following uses shall be allowed in the Commercial Park Zone. The establishment of allowable uses shall be as provided by Chapter 2 of this Title: (a) Apparel and finished products (b) Automobile, mobilehome and vehicle dealers and suppliers' (See Section 9-6.163) (c) Accessory storage (See Section 9-6.165) (d) Broadcasting studios (e) Building materials and hardware (See Section 9-6. 165) (f) Business support services (g) Contract construction services (h) Electronic and scientific instruments (i) Farm equipment and supplies (j ) Food and kindred products (See Section 9-6.1280 (k) Fuel and ice dealers (See Section 9-6..129) (1) Furniture and fixtures (m) Horticultural specialties (See Section 9-6.116) (n) Laundries and dry cleaning plants (o) Light repair services (p) Mail order and vending (q) Roadside stands (See Section 9-6.117) 000051 (r) Schools - business and vocational - (See Section 9-6.125) (s) Small scale manufacturing (t) Stone and cut stone products (u) Temporary events (See Section 9-6.177) (v) Temporary or seasonal sales (See Section 9-6.174) (w) Utility transmission facilities (x) Wholesaling and distribution (aa) The following uses when established in conjunction with a commercial center containing at least one major commercial tenant with a minimum of 20, 000 square feet of floor area: (1) Eating and drinking places (2) Financial services (3) Food and beverage retail sales (4) Furniture, home furnishings and equipment (5) General merchandise store 9-3.253. Conditional Uses: The following uses may be established in the Commercial Park Zone. The establishment of conditional uses shall be as provided by Chapter 2 of this Title: (a) Auto repair and services (See Section 9-6.130) (b) Chemical products (c) Concrete, gypsum and plaster products (d) Glass products (e) Lumber and wood products (f) Machinery manufacturing (g) Paper products (h) Paving materials (i) Pipelines (j ) Plastics and rubber products 000052 (k) Public assembly and entertainment - (1) Sales Lots (See Section 9-6.139) (m) Structural clay pottery products (n) Textile mills (o) Transit stations and terminals (p) Vehicle and equipment storage (See Section 9-6.183) (q) Warehousing 9-3.254. Lot Size: The minimum lot size in the Commercial Park Zone shall be two acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, including condominiums, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Park Zone. 9-3.255. Development Standards: the following development standards may be modified through the Conditional Use Permit process. (a) Customer and employee parking areas designed to have vehicles facing El Camino Real or the freeway shall be screened with a landscaped berm a minimum of thirty inches (30") in height. (b) A minimum freeway setback shall be provided. Said setback shall be landscaped. (c) All new and existing utilities shall be installed underground. 000053 (REVISED) EXHIBIT C Planned Development Overlay #12 9-3.656. Establishment of Planned Development Overlay Zone No. 12 (PD 12) . Planned Development Overlay Zone No. 12 is established as shown on the Official Zoning Maps (Section 9- 1. 102) . The following development standards applicable therein are also established and are in addition to any other development standards established by this ordinance: (a) All physical development of the site shall conform to an approved Master Plan of Development. An application for a Master Plan of Development shall be made in the same form as that prescribed for a conditional use permit. (b) A hydrologic and aquatic biological study(ies) shall be prepared as part of Mater PlanofDevelopment. These studies shall delineate potential wetland areas and establish suitable setbacks from wetland areas and/or creeks. (c) Future development shall mitigate anticipated traffic impacts as recommended by the Program EIR and any subsequent traffic studies prepared to determine the phasing of required improvements. (d) Sewer service for future development shall be provided via a main extension. A specific sewer service study to be prepared as part of the Master Plan of Development shall determine the most suitable sewer main route. (e) A specific noise modeling analysis prepared as part of the Master Plan of Development shall address appropriate setbacks, or other appropriate noise attenuation methods. The analysis shall also address cumulative noise levels and appropriate mitigation measures. (f) A fire safety mitigation plan shall be prepared as part of the Master Plan of Development to determine the appropriate fire storage and flow requirements. The fire safety mitigation plan shall also address building height exceptions, and the requirements for fire sprinklers and alarms. (g) The Master Plan of Development shall include a site landscaping plan. The landscaping plan shall provide for retention/preservation of native oak trees 000054 (REVISED) to the greatest extent feasible. The landscaping plan shall also address water conserving irrigation plans and drought resistant plant materials. (h) The Master Plan of Development shall include the following design standards: (1) A landscaped buffer along all street and highway frontages and adjacent to residential uses. (2) Topographical changes along Highway 101 shall be minimized. . (3) Oak trees on the site shall be preserved and protected to the greatest extent feasible. (4) Creeks shall be integrated as aesthetic features in the site plan. Paloma Creek shall not be piped nor shall the creek channel be lined with concrete. 000055