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HomeMy WebLinkAboutOrdinance 169 ORDINANCE NO. 169 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE TEXT TO ALLOW CHURCHES AS INTERIM USES IN THE CS (COMMERCIAL SERVICE) AND CPK (COMMERCIAL PARK) ZONES (ZC 3-88: VINEYARD CHRISTIAN FELLOWSHIP) WHEREAS, the proposed zoning 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, a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on April 5, 1988 and has recommended approval of Zone Change 3-88. 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 Land Use element and other elements contained in the General Plan. 2. The proposal will not result in any significant adverse environmental impacts. The negative Declaration prepared for the project is adequate. Section 2. Zoning Text Change Zoning Ordinance Text Amendment 3-88 is approved to change the text of the Zoning Ordinance as shown in the attached Exhibits A, B, and C which are made a part hereof by reference. 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 Ordinance # 169 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 COUNCILMAN BOURBEAU and seconded by COUNCILWOMAN MACKEY , the motion as approved by the following role call vote: AYES: COUNCILMEMBERS BOURBEAU, MACKEY AND MAYOR PRO TEM BORGESON NOES: NONE I ABSENT: COUNCILMAN HANDSITY AND MAYOR NORRIS DATE ADOPTED: 5/10/88 By: ONITA BORGESON`, ayor P&5FTem City of Atascadero, California ATTEST: BOYD C. OHARITZ, City Clerk By: CINDY WIIINS, Deputy City Clerk APPROVED AS TO CONTENT: PAUL M. SENSIBAUGH, Acting City Manager APPROVED AS T FORM: F EY OR Nr, City Attorney PRE ABED HENRY ENGEV, Commu ty Development Director i EXHIBIT A 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) 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) I (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 I (n) Glass products manufacturing I (o) Pipelines I I (p) Stone and cut stone products, where all areas of use exceed 5000 square feet. (q) Churches (Interim Use Only See Section 9-6. 121) 9-3.234. Lot Sizes: There shall be no minimum lot size in the Commercial Service Zone. I I I I i I EXHIBIT B 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 Section 9-2. 107 (Plot Plans) and Section 9-2. 108 (Precise Plans) : (a) Apparel and finished products (b) Automobile, mobilehome and vehicle dealers and suppliers (See Section 9-6. 163) (c) Auto repair and services (See Section 9-6.168) (d) Accessory storage (See Section 9-6. 165) (e) Broadcasting studios (f) Building materials and hardware (See Section 9-6. 165) (g) Business support services (h) Collection stations (See Section 9-6. 130) (i) Contract construction services (j) Electronic and scientific instruments (k) Farm equipment and supplies (1) Food and kindred products (See Section 9-6. 1280 (m) Fuel and ice dealers (See Section 9-6. 129) (n) Furniture and fixtures (o) Horticultural specialties (See Section 9-6. 116) (p) Laundries and dry cleaning plants I (q) Light repair services (r) Mail order and vending (s) Roadside stands (See Section 9-6. 117) (t) Sales lots (See Section 9-6. 139) (u) Schools — business and vocational (See Section 9-6. 125) (v) Small scale manufacturing (w) Stone and cut stone products (x) Temporary events (See Section 9-6. 177) (y) Temporary or seasonal sales (See Section 9-6. 174) (z) Utility transmission facilities (aa) Vehicle and equipment storage (See Section 9-6. 183) (bb) Wholesaling and distribution (cc) 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 (6) Health care services (7) Offices (8) Personal services (dd) Indoor Recreation 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 Section 9-2. 109 (Conditional Use Permits) : (a) Caretaker residence (See Section 9-6. 104) (b) Chemical products (c) Concrete, gypsum and plaster products (d) Machinery manufacturing (e) Paving materials (f) Pipelines (g) Plastics and rubber products (h) Public assembly and entertainment (i) Recycling and scrap (See Section 9-6. 131) (j) Textile mills i (k) Transit stations and terminals (1) Vehicle and freight terminals I (m) Warehousing I (n) Bed and breakfast I (o) Glass products I (p) Lumber and wood products I I (q) Paper products I I' (r) Structural clay pottery products I I (s) Amusement services I I (t) Churches (Interim Use Only - See Section 9-6. 121) I I I` 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. d 0 EXHIBIT C 9-6. 121. Churches and Related Activities: Religious meeting facilities are subject to the following standards: (a) Location: Church facilities shall be located on a collector or arterial. (b) Limitation on Use: When located in an RS, RSF or LSF Zone, related activities may be limited to a Sunday School, an accessory residence, and small meeting rooms. Schools, gyms and facilities other than the sanctuary designed for large gatherings may be ` prohibited. (c) Interim Uses in the CS and CPK Zones: A church may be allowed as an interim use in the CS or CPK Zone, subject to the following standards: I' (1) Related activities shall be limited to a Sunday School and small meeting rooms. I (2) Days and hours of operation shall be Limited to Sundays and week nights after normal business hours. f (3) The initial entitlement to operate shall be limited to a period not to exceedthree (3) years. Thereafter, the Planning Commission may grant a one-time extension not to exceed two (2) years. ORDINANCE NO. 170 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE TEXT REGARDING THE LEVEL OF REVIEW REQUIRED FOR CERTAIN LARGE SCALE PROJECTS (ZC 2-88: CITY OF ATASCADERO) WHEREAS, the proposed zoning 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 a significant jadverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on March 15, 1988 and has recommended approval of Zone Change 2-88. 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 Land Use element and other elements contained in the General Plan. 2 The proposal will not result in any significant adverse environmental impacts. The negative Declaration prepared for the project is adequate. Section 2. Zoning Text Change Zoning Ordinance Text Amendment 2-88 is approved to change the text of the Zoning Ordinance as shown in the attached Exhibit _A, which is made a part hereofbyreference. Ordinance No. 170 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 COUNCILMAN BOURBEAU and seconded by e�rTNc TT.w�rraN rra�uFy the motion as approved by the following role call vote: AYES: COUNCILMEMBERS BOURBEAU, MACKEY AND MAYOR PRO TEM BORGESON NOES: NONE ABSENT: COUNCILMAN AANDSITY AND MAYOR NORRIS DATE ADOPTED: 4/26/88 � By: BONITA-BORGESONo ayor P , Tem City of Atascadero, alifornia ATTEST: BOYD -C. 3 ARITZ, City Clerk By: CINDY WILKINS, Deputy City Clerk bAUZ M SENSIBAUGHV Interim City Manager APPROV D AS TO FORM: EY G SEN, , City Attorney P PA D Ys HENRY EN EN, Cfjmunity Development Director Exhibit A 9-2. 108. Precise Plan. Precise Plan approval is required when a development or use of land is listed in a particular zoning district as an Allowable Use and when it is determined by the Planning Director that the development project, or the establishment of a use of land which is not a development project, is not eligible for a Categorical Exemption pursuant to Public Resources Code Section 21084 and the State EIR Guidelines. Precise Plans consider the greater effects such uses may have upon their surroundings, and the characteristics of adjacent uses which could have detrimental effects upon a proposed use. Large scale projects (multiple family developments containing twelve or more units, or non-residential projects containing 10,000 square feet or more of building or outdoor storage area) will require Conditional Use Permit approval even if such uses are listed as Allowable uses in a particular zoning district. The preparation and processing of a Precise Plan shall be as follows: I 9-2. 109 Conditional Use Permit. The Conditional Use Permit is the process used to review land use proposals of a nature or magnitude which could significantly affect their surroundings. Such land use proposals include: 1. Uses that are shown as Conditional Uses in a particular zoning district; or, 2. Multiple family residential developments consisting of twelve (12) or more units, even if such a development is listed as an Allowed Use in a particular zoning district; or, 3. Non-residential developments containing 10,000 square feet or more of building or outdoor storage area, even if such a development is listed as an Allowable Use in a particular zoning district. Because of the intensity of such uses, public review and input j into decisions on whether to approve such proposals is needed. That input is given in a public hearing before the Planning Commission. The Conditional Use Permit is a discretionary approval and the Planning Commission may approve or disapprove a Conditional Use Permit or may adopt additional conditions of approval. Conditional Use Permit applications may be denied by the Planning Commissionbecause of specific findings identified through public hearing testimony or because of provisions of this Title. When Conditional Use Permit approval is required to ett �re> �e-a-ttge-1��-E1=tapt��-g-3-f�er �re�-Bstrets}, preparation and processing of the application shall be as follows: NOTE: Underlined text to be added, el&&hed text to be deleted