Loading...
HomeMy WebLinkAboutOrdinance 098 ORDINANCE NO. 98 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE TEXT RELATIVE TO ENABLING WAIVER OF THE TEN FOOT SETBACK REQUIREMENT IN COMMERCIAL AND INDUSTRIAL ZONES ADJACENT TO RESIDENTIAL ZONES WHEREAS, the proposed zoning ordinance amendment proposes standards 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 regula- tions; and WHEREAS, the proposed amendment will not have a significant adverse effect upon the environment and preparation of an Environmental Impact Report is not necessary; and WHEREAS, Atascadero Planning Commission has held a public hearing and has recommended approval of Zoning Ordinance Text Amendment 1-85. NOW, THEREFORE, the City Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposed revision will not have a detrimental effect upon the community' s health, safety and welfare. 2. The proposed revision is consistent with City ordinances and the General Plan. 3. The proposed revision expresses the intent of the Planning Depart- ment and of the City regarding waiver of rear setback requirements in commercial and industrial zones which are adjacent to residen- tial zones. 4. Pursuant to the California Environmental Quality Act, the Negative Declaration granted the project by the Planning Commission is appropriate. Section 2. Zoning Text Change: Zoning Ordinance Text Amendment 1-85 is approved to change the text of Section 9-4.108 (b) (2) to read as follows Section 9-4.108 (b) (2) . Adjacent to Residential Use Zone: "Where the rear property line abuts a residential zone or use, no rear setback is required for buildings or portions of buildings which do not exceed 12 feet in height within ten feet of the rear property line. The rear setback shall be a minimum of ten feet for buildings or portions of buildings which exceed 12 feet in height. " 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 news- paper of general circulation, printed, published and circulated in this City in accordance with Government Code Section 36933; shall cer- tify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this 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 thirty-first (31st) day after its passage. The foregoing ordinance was introduced on February 25, 1985 and adopted at a regular meeting of the City Council held on March 11, 1985 AYES: Councilwoman Norris, Councilman Molina and Handshy and Mayor Nelson. NOES: Councilwoman Mackey. ABSENT: None ROLFE b. L O , Mayor ROMT M. JONES, City Clerk APPROVE AS TO CONTENT: RALPH T. D WELL, JR. , Acting City Manager 1001/