HomeMy WebLinkAboutOrdinance 196 • _ 7/3S89 Council Agenda. Item B-4
UP Alternative
ORDINANCE NO. 196
AN INTERIM ORDINANCE OF THE COUNCIL OF THE
CITY OF ATASCADERO AMENDING TITLE 9 ZONING REGULATIONS
BY ADDING A CR-D COMMERCIAL RETAIL-DOWNTOWN ZONE
WHICH REQUIRES CONDITIONAL USE PERMITS FOR CERTAIN
CURRENTLY ALLOWABLE USES IN THE CR (COMMERCIAL RETAIL)
ZONE WITHIN THE BIA (BUSINESS IMPROVEMENT ASSOCIATION) AREA
(CITY COUNCIL INITIATED)
WHEREAS, Section 65858 of the Government Code authorizes the
adoption by local legislative bodies of interim ordinances as
urgency measures to protect the public safety, health and
welfare; and
WHEREAS, said ordinances may be adopted as urgency measures
prohibiting actions which may be in conflict with a contemplated
zoning proposal which the legislative body, Planning Commission
or Community Development Department is considering, or studying,
or intends to study within a reasonable time; and
WHEREAS, the City has undertaken a program to develop a master
plan for the downtown area for adoption as an element to the
City' s General Plan; and
WHEREAS, the City' s Zoning Ordinance permits a wide variety of
uses within the downtown area which could be deleterious to the
objective of a pedestrian-oriented downtown; and
WHEREAS, the Planning Commission considered this matter on June
20, 1989 and recommends adoption of an urgency ordinance by the
Council following public hearing; and
WHEREAS, the City Council held a public hearing on their recom-
mendation on July 11, 1989 and continued the hearing to July 25,
1989 with direction to staff for revised ordinance language; and
WHEREAS, such urgency measures shall require a four-fifths vote
of the legislative body for adoption.
NOW, THEREFORE, the City Council of the City of Atascadero does
ordain as follows:
Section 1. Council findings .
1 . The proposed code amendment is in conformance with Section
65800 et seq of the California Government Code conderning
zoning regulations.
2 . The proposed zoning text amendment will not have a
significant adverse effect on the environment. Preparation
of an Environmental Impact Report is not necessary.
Ordinance No. 196-89
Page 2 of 3
3 . That further study is necessary to determine what
legislation, if any, is proper for the protection of the
public health, safety, and welfare.
4 . The proposed zoning text amendment designates a number of
presently allowed uses to be uses which may be permitted
subject to a conditional use permit to ensure consistency
with the Central Business District policies of the General
Plan and with the goals of the pending master plan for the
downtown area.
5 . That there is a current and immediate threat to the public
health, safety, or welfare, and that the approval of
additional building permits, plot plans, precise plans or
use permits, inconsistent with the zoning text changes
provided for herein, would result in a threat to public
health, safety, or welfare.
Section 2 . Zoning Text Change .
Section 9-3 . 261 is hereby added to the text of the Zoning
Ordinance as shown in the attached Exhibit "A" , which is hereby
made a part of this ordinance by reference.
Section 3. Zoning Nap Change.
Map numbers 7, 16 and 17 of the Official Zoning Maps of the
City of Atascadero on file in the City Community Development
Department is hereby amended to reclassify portions of the
Atascadero Colony as shown on the attached Exhibit "B" which is
hereby made a part of this ordinance by reference.
Section 4.
This ordinance is adopted under Government Code Section
65858 and is in full force and effect for forty-five (45) days.
Section 5 .
The City Council hereby declares that ,this is an urgency
ordinance necessary to preserve the public peace, health and
safety due to the facts set forth above.
Section 6.
This ordinance being an urgency ordinance for the immediate
protection of the public safety, health and general welfare,
containing a declaration of the facts constituting the urgency
and passed by a four-fifths (4/5) vote of the Council shall take
effect immediately upon its adoption.
Ordinance No. 196-89
Page 3 of 3
Section 7. 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 this City.
On motion by Councilperson Mackey , and seconded by
Coucilperson Lilley . the foregoing ordinance is hereby adopted
in its entirety by the following roll call vote:
AYES.. Councilmembers Mackey, Lilley, Shiers, Borgeson and Mayor Dexter
NOES: None
ABSENT: None
DATE ADOPTED: /-25-89
CIT A SCAD RO, CALIFORNIA
IN DEXTER, MAYOR
ATTEST:
BOY C. SHARITZ, CC eL
7;7
A'Sn�O CONTENV "
RAY WZADSOR, City Manager
APPROVED AS TO FORM:
2!L4 (7, � - 1
1-Y4
JEFFREY G. JORGENSEN, City Attorney
z7N oa�o
PRE ARED BY:
HENRY ENG N,
Community Develop ent Director
EXHIBIT "A"
Ordinance No_ 196-89 CAPS - Language added
to CR text
CR-D (Commercial Retail-DOWNTOWN) Zone
(BUSINESS INPROVENENT ASSOCIATION AREA)
9-3 . 261. Purpose: This zone is established to provide for a
wide range a�commercial uses to accommodate most of the retail
and service needs of the residents of the City and surrounding
areas.
9-3 . 262 . 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) Food and beverage retail sales
(c) Furniture, home furnishings and equipment
(d) General merchandise stores
(e) Temporary or seasonal sales (See Section 9-6 . 174)
( f) Financial services
(g) Health care services
(h) Offices
(i) Temporary offices (See Section 9-6 . 176)
(j ) Personal services
(k) Eating and drinking places
( 1) Membership organizations
(m) Schools - business and vocational (See Section 9-6 . 125)
(n) Social and service organizations
(o) Hotels and motels
(p) Bed and breakfast
(q) Retirement hotel
(r) Funeral services
(s) Libraries and museums
(t) Temporary events (See Section 9-6 . 177)
9-3 . 263 . Conditional Uses : The following uses may be allowed in
the -E—
ommercial 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) Building materials and 'hardware (See Section 9-6 . 165)
(p) Mail order and vending
(q) Small scale manufacturing
(r) Light repair services
(s) Accessory storage (See Section 9-6 . 103)
(t) Horticultural specialties (See Section 9-6 . 116)
(u) Auto, mobilehome, vehicle dealers and suppliers (See
Section 9-6 . 163)
(v) Vehicle and equipment storage (see Section 9-6 . 183)
(w) Utility transmission facilities
(x) Business support services, where all areas of use are
located within a building
(y) - Collection stations (See Section 9-6 . 130)
(z) Sales lots (See Section 9-6 . 139)
(aa) Farm equipment and supplies
(bb) Fuel and ice dealers (see Section 9-6 . 129)
(cc) Skilled nursing facility (See Section 9-6 . 134)
(dd) Schools (See Section 9-6 . 125)
(ee) Utility service center
9-3 . 264. Lot Size: There shall be no minimum lot size in the
Commercial Retail Zone.
9-3 .265 . SITE AND DEVELOPMENT STANDARDS: SHALL BE AS
ESTABLISHED FOR THE CR COMMERCIAL RETAIL ZONE.
t
EXHIBIT "B"
Ordinance No. 196 -89
a
Or�
i
A O o
N
FROM CR(COMMERCIAL RETAIL) TO
CR-D(COMMERCIAL RETAIL-DOWNTOWN)