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Home My WebLink AboutOrdinance 197 ORDINANCE NO. 197 AN URGENCY ORDINANCE OF THE CITY OF ATASCADERO AMENDING TITLE 9 ZONING REGULATIONS BY EXTENDING ORDINANCE NO. 196 (CREATING A COMMERCIAL RETAIL-DOWNTOWN ZONING DISTRICT) FOR 22 MONTHS AND 15 DAYS (CITY OF ATASCADERO) WHEREAS, Section 65858 of the Government Code authorizes the adoption by local legislative bodies of interim ordinances as ur- gency measures to protect the public safety, health and welfare; and WHEREAS, the City Council adopted, on an urgency basis, interim Ordinance No. 196 on July 25 , 1989 creating a Commercial Retail-Downtown Zoning District, which ordinance is attached hereto and incorporated herein; and WHEREAS, notice was given pursuant to Section 65858 (b) of the Government Code for public hearing by the City Council on August 22, 1989; and WHEREAS, passage of Ordinance No. 196 was effective for a period of forty-five days from its' adoption, unless extended, following notice pursuant to Section 65090; 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 which is presently under study; and WHEREAS, consideration of an urgency measure shall require a 4/5ths 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 concerning ' zoning regulations . 2 . The proposed zoning text amendment will not have a signifi- cant adverse effect on the environment. Preparation of an Environmental Impact Report is not necessary. 3 . That further study is necessary to determine what legisla- tion, 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 pro- vided for herein, would result in a threat to public health, safety, or welfare. Section 2 . Zoning Text Change . Changes to Sub-section 9-3 . 261 through 9-3 . 265 contained in Ordinance 196 is Continued as part of the text of the Zoning Or- dinance as shown in the attached Exhibit "A" which is hereby made a part of this ordinance by reference. Section 3. Zoning Map Change . Map numbers 7 , 16 and 17 of the Official Zoning Maps of the City of Atascadero on file in the Community Development Depart- ment is hereby continued to be 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 22 months and 15 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, con- taining 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. Section 7. 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 Councilman Shiers , and seconded by Councilwoman Borgeson , the foregoing ordinance is hereby adopted in its entirety by the following roll call vote: AYES: Councilmembers Shiers, Borgeson, Mackey, Lilley and Mayor Dexter NOES: none ABSENT: none DATE ADOPTED: 8-22-89 CITY OF ATASCADERO, CALIFORNIA IN DEXTER, MAYOR ATTEST: BOYD C. SHAR TZ, City erk APPR VED AS TO CONTENT: l/�uZ 6 V RA SOR, City Manager APPROVED AS TO FORM: JEFF EY G. JORGENSEN, City Attorney PREPARED BY: HENRYENGE Community D velopme,19 Director EXHIBIT "A" Ordinance No. 196 CR-D (Commercial Retail-Downtown) Zone (BUSINESS IMPROVEMENT ASSOCIATION AREA) 9-3 . 261. 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 . 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 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) 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) Saler 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 estab- lished for the CR Commercial Retail Zone. EXHIBIT "B" ordinance No. 196 qs;' P < V .s ' ' v jj•�://r i FROM CR(COMMERCIAL RETAIL) TO CR-D(COMMERCIAL RETAIL-DOWNTOWN)