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HomeMy WebLinkAboutOrdinance 364 CERTIFICATION I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 364 adopted by the Atascadero City Council at a regular meeting thereof held on October 12, 1999 and that it has been duly published pursuant to State Law. DATED: Pf C Marcia McClure Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 364 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE ZONING TEXT ASSOCIATED WITH SALES LOTS AND AUTO DEALERS (ZC 99008, Auto Dealers and Sales Lots) WHEREAS, The Planning Commission, at a Public Hearing held on June 15, 1999 studied and considered Zone Change 99008; and WHEREAS, The Planning Commission recommended (7-0) approval of the zone text change; and WHEREAS, a timely and properly noticed Public Hearing upon Zone Change recommendation was held by City Council, at which hearing evidence, oral and documentary, was admitted on the Zoning Amendment. NOW, THEREFORE, the City Council does ordain as follows: Section 1. Findings for approval of zoning,text change. The Council does hereby make the following findings: 1. Public necessity, convenience, or welfare requires the Zoning text to be amended for Auto Dealers and Sales Lots in order to ensure adequate site review for these land uses and correct inconsistencies within the Zoning Ordinance. The following amendments to the Zoning Ordinance are necessary in order to achieve consistency and ensure adequate review; a. Clarification of the definitions of Auto Dealerships and Sales Lots (Chapter 3, Section 9-3.701) b. Requirement of a Conditional Use Permit for Auto Dealerships and Sales Lots in the zoning districts where they are now allowed uses (Chapter 3, section 9-3.22, 23,25,30 and 31), and c. The addition of new development standards for Auto Dealerships and Sales Lots (Chapter 6, Section 9-6.139 & 163) 2. Modification of the development standards associated with Auto Dealers and Sales Lots is warranted to promote orderly and harmonious development, because the standards will create consistent guidelines that will enhance the appearance of Auto Dealers and Sales Lots. 3. The proposed amendments as shown in Attachment A are exempt from environmental review under a General Rule Exemption per Section 15061, (b)(3) of the CEQA Guidelines. City of Atascadero Draft Ordinance No. 364 Page 2 4. The proposed amendments are consistent with the General Plan of the City of Atascadero. Section 2. Zoning text change The Zoning Ordinance of the City of Atascadero is hereby amended as shown on the attached exhibits A, B and C which is made part of this ordinance by reference. Section 3 Publication. The City Clerk shall cause this ordinance to be published once within (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 posing to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This Ordinance shall be effective at 12:01 a.m. on the 31 S`day after its final passage. On motion by Council Member Clay and seconded by Council Member Luna, the foregoing Ordinance is hereby adopted by the following roll call vote: AYES: Council Members Arrambide, Clay, Luna and Mayor Johnson NOES: None ABSENT: One vacancy ADOPTED: October 12, 1999 CIT4so�' Mayjo E70 Ra ATTEST: t� o Wcu� Marcia McClure Torgerson, City rk Approved as to form: Roy anley, dAy Atto ey Exhibit A Zone Change 99008 Zoning Text Amendment Land Use Descriptions 9-3 . 701 . (definitions) Auto Dealers (new and used) and Supplies : Retail trade establishments selling new and used automobiles and light trucks, motorcycles and mopeds . Also includes establishments selling new parts and accessories within a building for the above . Does not include establishments dealing exclusively in used parts . Includes automobile repair shops only when maintained by establishment engaged in the sale of vehicles on the same site. Does not include "Service Stations" which are separately defined. Sales Lots : Sales lots consist of any outdoor sales area for permanent display of recreational vehicles, recreational and utility trailers, motorized farm equipment, boats, heavy commercial trucks (over 1 ton) , mobilehomes, construction equipment, or other heavy equipment; outdoor equipment rental yards; or large scale temporary or permanent outdoor sales activities, including but not limited to, swap meets and flea markets . Exhibit B Ordinance 364 Zone Change 99008 Zoning Text Amendment CR (Commercial Retail) Zone 9-3 . 221 . Purpose : This zone is established to provide for a wide range of commercial uses to accommodate most of the retail and service needs of the residents of the City and surrounding areas . 9-3 .222 . Allowable Uses : The following uses shall be allowed in the Commercial Retail Zone . The establishment of allowable uses shall be as provided by Section 9-2 . 107 (Plot Plans) and Section 9-2 . 108 (Precise Plans) : (a) Broadcast studios (b) Building materials and hardware (See Section 9-6 . 165) (c) Food and beverage retail sales (d) Furniture, home furnishings and equipment (e) General merchandise stores (f) Mail order and vending (g) Temporary or seasonal sales (See Section 9-6 . 174) (h) Financial services (i) Health care services (j ) Offices (k) Small scale manufacturing (1) Temporary offices (See Section 9-6 . 176) (m) Personal services (n) Light repair services (o) Accessory storage (See Section 9-6 . 103) (p) Eating and drinking places (q) Membership organizations (r) Horticultural specialties (See Section 9-6 . 116) (s) Vehicle and equipment storage (See Section 9-6 . 183) (t) Schools - business and vocational (See Section 9-6 . 125) (u) Utility transmission facilities (v) Business support services, where all areas of use are located within a building (w) Social and service organizations (x) Collection stations (See Section 9-6 . 130) (aa) Farm equipment and supplies (bb) Fuel and ice dealers (See Section 9-6 . 134) (cc) Hotels and motels (dd) Skilled Nursing Facility (See Section 9-6 . 134) (ee) Bed and Breakfast (ff) Retirement Hotel (gg) Funeral Services (hh) Schools (See Section 9-6 . 125) (ii) Utility service center (jj ) Libraries and museums (kk) Temporary Events (See Section 9-6 . 177) (11) Sexually Oriented Businesses (see Ordinance No. 298) 9-3 .223 . Conditional Uses. The following uses may be allowed in the Commercial Retail Zone. The establishment of conditional uses shall be as provided by Section 9-2 . 109 (Conditional Use Permits) : (a) Amusement services (b) Caretaker residence (See Section 9-6 . 104) (c) Service Station (See Section 9-6 . 164) (d) Public assembly and entertainment (e) Indoor recreation services (f) Animal hospitals (See Section 9-6 . 110) (g) Auto Repair and Services (See Section 9-6 . 168) (h) Churches and related activities (See Section 9-6 . 121) (i) Food and kindred products (See Section 9-6 . 128) (j ) Pipelines (k) Outdoor recreation services (See Section 9-6 . 123) (1) Sports Assembly (m) Transit stations and terminals (n) Kennels (See Section 9-6 . 111) (o) Auto dealers (new and used) and supplies (See Section 9- 6 . 163 . ) 9-3 .224 . Lot Size : There shall be no minimum lot size in the Commercial Retail Zone . CS (Commercial Service) Zone 9-3 .231 . Purpose : This zone is established to provide for light manufacturing and large lot service commercial needs of the residents of the city and surrounding areas . 9-3 .232 . Allowable Uses : The following uses are allowed in the Commercial Service Zone. The establishment of allowable uses shall be as provided by Section 9-2 . 107 (Plot Plans) and Section 9-2 . 108 (Precise Plans) : (a) All uses listed as Allowable uses in the CR (Commercial Retail) Zone (b) Wholesaling and distribution (c) Light repair services (d) Storage yards (See Section 9-6 . 140) (e) Apparel and finish products, where areas of use are less than 5000 square feet (f) Electronic and scientific instruments, where areas of use are less than 5000 square feet (g) Furniture and fixtures, where areas of use are less than 5000 square feet (h) Animal hospitals (See Section 9-6 .110) (i) Auto Repair and services (See Section 9-6 . 168) (j ) Laundries and dry cleaning plants (k) Stone and cut stone products, where all areas of use are less than 5000 square feet (1) Contract construction services (m) Food and kindred products (See Section 9-6 . 128) (n) Kennels (See Section 9-6 . 111) (o) Sexually Oriented Businesses (see Ordinance No. 298) 9-3 .233 . Conditional Uses : The following uses may be allowed in the Commercial Service zone. The establishment of conditional uses shall be as provided by Section 9-2 . 109 (Conditional Use Permits) : (a) Amusement services (b) Warehousing (c) Vehicle and freight terminal (d) Service stations (See Section 9-6 . 164) (e) Caretaker residence (See Section 9-6 . 104) (f) Transit stations and terminals (g) Public assembly and entertainment (h) Indoor recreation services (i) outdoor recreation services (See Section 9-6 . 123) (j ) Apparel and Finish products, where areas of use exceed 5000 square feet (k) Sports assembly (1) Electronic and scientific instruments, where areas of use exceed 5000 square feet (m) Furniture and fixtures, where areas of use exceed 5000 square feet (n) Glass products manufacturing (o) Pipelines (p) Stone and cut stone products, where all areas of use exceed 5000 square feet . (q) Auto dealers (new and used) and supplies (See Section 9- 6 . 163 . ) 9-3 .234 . Lot Sizes : There shall be no minimum lot size in the Commercial Service Zone . 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 a provided by Chapter 2 of this Title : (a) Apparel and finished products (b) Accessory storage (See Section 9-6 . 165) (c) Broadcasting studios (d) Building materials and hardware (See Section 9-6 . 165) (e) Business support services (f) Contract construction services (g) Electronic and scientific instruments (h) Farm equipment and supplies (i) Food and kindred products (See Section 9-6 . 1280) (j ) Fuel and ice dealers (See Section 9-6 . 129) (k) Furniture and fixtures (1) Horticultural specialties (See Section 9-6. 116) (m) Laundries and dry cleaning plants (n) Light repair services (o) Mail order and vending (p) Roadside stands (See Section 9-6 . 117) (q) Schools - business and vocational (See Section 9-6 . 125) (r) Small scale manufacturing (s) Stone and cut stone products (t) Temporary events (See Section 9-6 . 177) (u) Temporary or seasonal sales (See Section 9-6 . 174) (v) Utility transmission facilities (w) Wholesaling and distribution (x) 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) Animal hospitals (b) Auto repair and services (See Section 9-6 . 130) (c) Chemical products (d) Concrete, gypsum and plaster products (e) Glass products (f) Lumber and wood products (g) Machinery manufacturing (h) Membership organizations (i) Mini storage (j ) Paper products (k) Paving materials (1) Pipelines (m) Plastics and rubber products (n) Public assembly and entertainment (o) Sales lots (See Section 9-6 . 139) (p) Structural clay pottery products (q) Textile mills (r) Transit stations and terminals (s) Vehicle and equipment storage (See Section 9-6 . 183) (t) Warehousing (u) Auto dealers (new and used) and supplies (See Section 9-6 . 163 . ) 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 (3011 ) in height . (b) A minimum freeway setback shall be provided. Said setback shall be landscaped. All new and existing utilities shall be installed underground. IP (Industrial Park) Zone 9-3 . 301 . Purpose: This zone is established to provide for the light manufacturing and large lot service commercial needs of the residents of the city and surrounding areas . 9-3 . 302 . Allowable Uses : The following uses shall be allowed in the Industrial Park zone. The establishment of allowable uses shall be as provided by Section 9-2 . 107 (Plot Plans) and Section 9-2 . 108 (Precise Plans) : (a) Farm equipment and supplies (b) Laundries and dry cleaning plants (c) Broadcast studios (d) Stone and cut stone products (e) Temporary events (See Section 9-6 . 177) (f) Temporary or seasonal sales (See Section 9-6 . 174) (g) Building materials and hardware (See Section 9-6 . 165) (h) Utility transmission facilities (i) Fuel and ice dealers (See Section 9-6 . 129) (j ) Warehousing (k) Wholesaling and distribution (1) Light repair services (m) Accessory Storage (See Section 9-6 . 103) (n) Storage yards (See Section 9-6 . 140) (o) Apparel and finish products (p) Collection stations (See Section 9-6 . 130) (q) Electronic and scientific instruments (r) Furniture and fixtures (s) Auto Repair and Services (See Section 9-6 . 168) (t) Business support services (u) Vehicle and equipment storage (See Section 9-6 . 183) (v) Contract construction services (w) Small scale manufacturing (x) Food and kindred products (See Section 9-6 . 128) (y) Sexually Oriented Businesses (see Ordinance No. 298) 9-3 .303 . Conditional Uses : The following uses may be allowed in the Industrial Park Zone. The establishment of conditional uses shall be provided by Section 9-2 . 109 (Conditional Use Permits) : (a) Agricultural processing (b) Chemical products (See Section 9-6 . 127) (c) Concrete, gypsum, and plaster products (d) Caretaker residence (See Section 9-6 . 104) (e) Glass products manufacturing (f) Machinery manufacturing (g) Lumber and wood products (h) Paving materials (i) Pipelines (j ) Plastic and rubber products (k) Recycling and scrap (See Section 9-6 . 131) (1) Schools - business and vocational (See Section 9 . 6 . 125 (m) Textile mills (n) Transit stations and terminals (o) Vehicle and freight terminals (p) Paper products (q) Structural clay pottery products (r) Indoor Recreation (s) Recycling Centers (See Section 9-6 . 132) (t) Sales lots (See Section 9-6 . 139) 9-3 .304 , Lot Size : There shall be no minimum lot size in the Industrial Park Zone. I (Industrial) Zone 9-3 . 311 . Purpose: This zone is established to provide suitable locations for heavy manufacturing and industrial uses within the city. 9-3 . 312 . Allowable Uses : The following uses shall be allowed in the Industrial Zone . The establishment of allowable uses shall be as provided by Section 9-2 . 107 (Plot Plan) and Section 9-2 . 108 (Precise Plan) : (a) All uses listed as Allowable Uses in the IP (Industrial Park) Zone (b) Agricultural processing (c) Lumber and wood products (d) Concrete, gypsum and plaster products (e) Glass products manufacturing (f) Paper products (g) Paving materials (h) Structural clay pottery products (i) Machinery manufacturing (j ) Sexually Oriented Businesses (see Ordinance No. 298) 9-3 . 313 . Conditional Uses : The following uses may be allowed in the Industrial Zone . The establishment of conditional uses shall be as provided by Section 9-2 . 109 (Conditional Use Permits) : (a) Chemical products (b) Caretaker residence (See Section 9-6 .104) (c) Petroleum refining and related products (d) Textile mill (e) Metal industries - primary (f) Pipelines (g) Recycling and scrap (See Section 9-6 . 131) (h) School - business and vocational (See Section 9-6 . 125) (i) Transit stations and terminals (j ) Vehicle and freight terminals (k) Plastic and rubber products (1) Recycling Centers (See Section 9-6 . 132) (m) Sales lots (See Section 9-6 . 139) 9-3 . 314 . Lot Size : There shall be no minimum lot size in the Industrial Zone. Exhibit C Zone Change 99008 Zoning Text Amendment 9-6 . 163 . Auto and Vehicle Dealerships : Vehicle dealerships are subject to the following standards . Auto parts stores are not subject to these standards when conducted entirely within a building. (a) Limitations on Use : Vehicle dealerships are limited to new and used automobiles, light trucks, and motorcycles (including mopeds) . Such new vehicle dealerships are allowed provided all vehicles for sale are stored, displayed and serviced entirely on the site. (b) Access : From a collector, arterial or freeway frontage road. (c) Setbacks : A minimum 10-foot landscaped setback with trees, low shrubs and groundcover shall be required from all street frontage property lines . (d) Outdoor Use : The outdoor display or storage shall be limited to new and used automobiles in operable condition. (e) Minimum Lot size : The minimum lot size for auto and vehicle dealerships shall be 1 acre (net) . Smaller lots may be approved by the Planning Commission for motorcycle or moped dealers only. (f) Site Surfacing: Auto Dealer display lots shall be surfaced with concrete or A.C. paving. All vehicle drive areas, service areas and customer parking areas are to be paved with concrete, asphalt or masonry paving units, including vertically oriented concrete block with the block cells planted with grass . Crushed rock will be allowed for vehicle storage areas on the rear half of the lot that are not accessible to the general public. (g) Landscaping and Screening: Paved areas of display lots shall provide landscape planters with trees on at least S% of the lot area. Along U.S . 101 a ten foot landscape treatment with decorative fencing shall be provided as a buffer between the highway and sales lot . All service and storage areas shall be screened from public views . (h) Street Frontage Fencing: Fencing along street frontages shall be limited to decorative wrought iron, wood rail or other alternative fencing subject to staff review not to exceed three (3) feet in height and located three (3) feet behind the sidewalk in the landscape planter. Chain Link fencing not permitted. 9-6 . 139 . Sales Lots and Swap Meets : Outdoor sales lots and swap meets are subject to the provisions of this Section (Wrecking yards are subject to Section 96 . 131 Recycling and Scrap) . (a) Sales Lots : May be conducted as a principal use (as in the case of a Recreational Vehicle lot) , or as an accessory use (such as a sales yard in conjunction with a building materials store) , subject to the following: (1) Site Design Standards : (i) Displays : To be limited to street frontages only. All other property lines are to be screened as set forth in Subsection (1) (iv) of this Section. (ii) Landscaping: A ten-foot wide landscaping strip is to be provided adjacent to all street property lines, consisting of ground covering vegetation which may be maintained at a height less than three feet and trees . This is in addition to any landscaping required by Section 9-4 . 124 (Landscaping) . (iii) Screening: All interior property lines are to be screened with a six- foot high solid wall or fence that provides similar screening effect . (iv) Office Facilities : When no buildings exist or are proposed on a sales yard site, one commercial coach may be utilized for an office, provided that such vehicle is equipped with skirting and landscaping, and installed pursuant to the permit requirements of Title 8 (the Building and Construction Ordinance) . (v) Site Surfacing: A sales lot is to be surfaced with concrete or A.C. paving in the CS zone . In the CPK, IP and I zones crushed rock, or other materials maintained in a dust-free condition may be allowed. All vehicle drive areas and customer parking areas are to be paved with concrete, asphalt or crushed rock. (vi) Minimum Lot Size: The minimum lot size for sales lots for any type of vehicle shall be 1 acre . Smaller lots may be allowed by the Planning Commission for other outdoor sales lot uses . (vii) Street Frontage Fencing: Fencing along street frontages shall be limited to decorative wrought iron or wood rail fencing not to exceed three (3) feet in height and located three (3) feet behind the sidewalk in the landscape planter. Chain Link fencing not permitted.