HomeMy WebLinkAboutOrdinance 333 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. 333 adopted
by the Atascadero City Council at a regular meeting thereof held on September 9,
1997 and that it has been duly published pursuant to State Law.
DATED: h.1 L
Marcia M. Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 333
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
AMENDING THE ZONING ORDINANCE TEXT BY ADDING "UTILITY FACILITIES"
TO THE LIST OF CONDITIONALLY ALLOWED USES IN THE DOWNTOWN
COMMERCIAL ZONE
(ZONE CHANGE 97004 - NEXTEL COMMUNICATIONS, INC. )
WHEREAS, the proposed zoning text amendment proposes
standards that are 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 result in a
significant adverse effect on the environment - the Negative
Declaration prepared for the project is adequate as defined by
the California Environmental Quality Act; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on August 5, 1997 and has recommended approval of Zone
Change 97004 .
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows :
Section 1. Council Findings .
1 . The proposal is compatible with the surrounding land
use and zoning designations.
2 . The proposal is consistent with the General Plan Land
Use Element .
3 . The proposal will not result in any significant adverse
environmental impacts . The Negative Declaration
prepared for the project is adequate.
Section 2 . Zoning Ordinance Text
The City' s Zoning Ordinance Text is hereby amended to add
"utility services" to the list of conditionally allowed uses
in the Downtown Commercial Zone as shown on the attached
Exhibit A which is hereby made a part of this ordinance by
reference.
Ordinance No. 333
Page 2
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 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 Lerno the foregoing ordinance is hereby adopted in
its entirety on the following vote:
AYES: Councilmembers Lerno, Luna and Mayor Pro Tem
Carden
NOES: Councilmember Clay
ABSENT: Mayor Johnson
ADOPTED: September 9, 1997
CITY 0 TA CA R0, CA
By:
RAY JOH SO , Mayo
ATTEST:
)JAa .'
MARCIA M. TORGERSON, C_ y Clerk
AP OVED AS TO FORM:
o W a, ",fl
ROY . HANLEY, CitYy Attorney
PREP RED BY:
STEVEN L. DECAMP, ACTING COMMUNITY DEVELOPMENT DIRECTOR
EXHIBIT A
ORDINANCE 333
DOWNTOWN ZONE 2
DC (Downtown Commercial) Zone
9-3.271. Purpose: This zone is established to encourage a wide
variety of retail, office, restaurant, personal service, and
other commercial activities.
9-3.272. Allowable Uses: The following uses shall be allowed
in the Downtown Commercial Zone. The establishment of allowed
uses shall be as provided by Section 9-2.107 (Plot Plans) and
Section 9-2.108 (Precise Plans) :
(a) Food and beverage retail sales
(b) Furniture, home furnishings and equipment
(c) General merchandise stores
(d) Temporary or seasonal sales
(e) Health care services
(f) Libraries and museums
(g) Offices
(h) Personal- services
(i) Utility ,offices
(j) Eating and drinking places (exclusive of drive
through facilities)
(k) Temporary events
(1) Broadcasting studios
(m) Building materials and hardware (where all areas of use
are within a building)
(n) Financial services (exclusive of drive through
facilities)
(o) Residences (second floor use only)
(p) Schools - Business and vocational (second floor use
only)
9-3.273. Conditional Uses: The following uses may be allowed
in the Downtown Commercial Zone. The establishment of
conditional uses shall be as provided by Section 9-2.109
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(f)UTILATY FACILITIES
(Conditional Use Permits) :
(a) Amusement services
(b) Public assembly and entertainment
(c) Hotels and motels
(d) Schools - Business and vocational (first floor use)
(e) Transit terminal (where no storage or repair of
vehicles occurs)
10,
9-3.274 . Lot Sizes: There shall be no minimum lot size in the
Downtown Commercial Zone.
9-3.275. Setbacks: Setbacks shall be as follows:
1. Front Setback:
a. E1 Camino Real north of West Mall: No setback
allowed
b. E1 Camino Real south of West Mall: Variable (to be
established
during design
review)
C. Traffic Way: No setback allowed
2. Rear Setback: None required
3. Side Setback: None required
4. Creek Setback: Variable (to be established during
design review)
9-3 .276. Parking Requirements:
1. The parking requirements for uses located in this zone
shall be as required in Table 1 of the Downtown Master Plan.
2. For existing buildings, only the parking needed for
additions thereto, or for changes in occupancy which
increase parking relative to the prior use, shall be
required.
3. The parking space requirements may be met by:
a. Providing the required spaces on the site occupied
by the use;
b. Providing the required spaces off-site, but within
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five hundred feet of the proposed use, in a lot owned
or leased by the developer of the proposed use;
c. Participating in a commonly held and maintained
off-site parking lot where other businesses maintain
their required spaces;
d. Any combination of subsections a. through c. above.
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