HomeMy WebLinkAboutOrdinance 215 IN
CERTIFICATION
I, LEE DAYKA, City Clerk of the City of Atascadero, hereby
certify that the foregoing is the true and correct original of
Ordinance No. 215 adopted by the Atascadero City Council at a
regular meeting thereof held on January 8 1991 and that it has
been duly published pursuant to State Law.
,
i
DATED: March 11, 1991 d6
LEVbK3FKA
City Clerk
City of Atascadero, California
ORDINANCE NO. 215
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADZRO AMENDING MAPS 6, 16, & 17 OF THE OFFICIAL ZONING
MAPS BY REZONING CERTAIN REAL PROPERTY IN THE DOWNTOWN
AND AMENDING THE ZONING ORDINANCE TEXT TO
IMPLEMENT THE DOWNTOWN ELEMENT OF THE GENERAL PLAN
(ZC 04-90; City of Atascadero)
WHEREAS, the proposed zoning map and text amendments are
consistent with the General Plan as required by Section 65860 of
the California Government Code; and
WHEREAS, the proposed amendments are in conformance with
Section 65800 et seq. of the California Government Code
concerning zoning regulations; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on October 16, 1990 and November 6, 1990 and has
recommended approval of Zone Change 04-90 .
WHEREAS, the proposed amendments will not have a significant
adverse impact upon the environment . The Negative Declaration
prepared for the project is adequate; and
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows :
Section 1 . Council Findings .
1 . The proposals are compatible with the surrounding land
uses and zoning.
2 . The proposals are consistent with the General Plan
Land Use element and other elements contained in the
General Plan, and specifically, policies pertaining to
downtown development and revitalization as expressed in
the General Plan Downtown element .
3. The proposals will not result in any significant
adverse environmental impacts . The Negative
Declaration prepared for the project is adequate.
Section 2 . Zoning Map.
Maps number 6, 16, & 17 of the Official Zoning Maps of the
City of Atascadero on file in the City Community Development
Department are hereby amended as shown on the attached Exhibits A
through F.
Section 3 . Zoning Text .
The Zoning Ordinance text is hereby amended by the addition
Ordinance #215
of the language shown on the attached Exhibits G through L, and
the deletion of Sections 9-3 .261 through 9-3.265 (CR-D Commercial
Retail - Downtown) .
Section 4 . 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 5 . 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 Councilwoman Borgeson and seconded by
Councilman Shiers, the foregoing Ordinance is approved by the
following role call vote:
AYES : Councilmembers Dexter, Nimmo, Shiers, Borgeson and
Mayor Lilley
NOES None
ABSENT: None
DATE ADOPTED January 8, 1991 /
By: �-
ROBERT S. L L E , Mayor
City of Atascadero, Cal ' ornia
T T.
AY ,; ity lerk
APPROVED AS TO CONTENT:
/ �j
bAJ
RAY WIND OR, City Manager
Ordinance #215
APPROVED AS TO FORM:
,"a ,\�C��,
ART 1%ONTANDONX-CiV Attorney
PREPARED BY:
HENRY ENGE Commu ty Development Director
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EXHIBIT G
DOWNTOWN ZONE 1
PC (Pedestrian Commercial) Zone
9-3 .261 . Purpose: This zone is established to encourage
pedestrian oriented retail, office, restaurant, and personal
service activities .
9-3 .262 . Allowable Uses : The following uses shall be allowed
in the Pedestrian Commercial Zone. The establishment of allowed
uses shall be as provided by Section 9-2 .107 (Plot Plans) and
Section 9-2 .108 (Precise Plans) :
(a) Food and beverage retail sales
(b) Furniture, home furnishings and equipment
(c) General merchandise stores
(d) Temporary or seasonal sales
(e) Health care services
(f) Offices
(g) Personal services
(h) Utility offices
(i) Eating and drinking places (exclusive of drive
through facilities)
(j) Temporary events
(k) Business services
(1) Residences (second floor only)
(m) Hardware
9-3.263. Conditional Uses: The following uses may be allowed
in the Pedestrian Commercial Zone. The establishment of
conditional uses shall be as provided by Section 9-2 . 109
(Conditional Use Permits) :
(a) Amusement services
(b) Public assembly and entertainment
(c) Libraries and museums
(d) Retirement hotel (second floor use only)
(e) Schools - Business and vocational (second floor use
only)
9-3 .264 . Lot Sizes : There shall be no minimum lot size in the
Pedestrian Commercial Zone.
9-3 .265 . Setbacks : Setbacks shall be as follows :
1 . Front Setback:
a. El Camino Real : No setback allowed
b. Traffic Way: No setback allowed
c. Palma Avenue: No setback allowed
d. Lewis Avenue: 20'
e. West Mall : 20'
f. Entrada Ave: Variable (to be established
during design review)
2 . Rear Setback: None required
3 . Side Setback: None required
9-3 .266 . Parking Requirements :
1 . The parking requirements for uses located in this zone
shall be as required in Table 1 of the Downtown Master Plan.
2 . For existing buildings, only the parking needed for
additions thereto, or for changes in occupancy which
increase parking relative to the prior use, shall be
required.
3 . The parking space requirements may be met by:
a. Providing the required spaces on the site occupied
by the use;
b. Providing the required spaces off-site, but within
five hundred feet of the proposed use, in a lot owned
or leased by the developer of the proposed use;
c Participating in a commonly held and maintained
off-site parking lot where other businesses maintain
their required spaces;
d. Participating in a parking district which provides
parking spaces through a fee, assessment, or in-lieu
fee program as may be established by the City Council;
e. Any combination of subsections a. through d. above.
EXHIBIT H
DOWNTOWN ZONE 2
DC (Downtown Commercial) Zone
9-3 .271 . Purpose: This zone is established to encourage a wide
variety of retail, office, restaurant, personal service, and
other commercial activities .
9-3 .272 . Allowable Uses : The following uses shall be allowed
in the Downtown Commercial Zone. The establishment of allowed
uses shall be as provided by Section 9-2 . 107 (Plot Plans) and
Section 9-2 . 108 (Precise Plans) :
(a) Food and beverage retail sales
(b) Furniture, home furnishings and equipment
(c) General merchandise stores
(d) Temporary or seasonal sales
(e) Health care services
(f) Libraries and museums
(g) Offices
(h) Personal services
(i) Utility offices
(j) Eating and drinking places (exclusive of drive
through facilities)
(k) Temporary events
(1) Broadcasting studios
(m) Building materials and hardware (where all areas of use
are within a building)
(n) Financial services (exclusive of drive through
facilities)
(o) Residences (second floor use only)
(p) Schools - Business and vocational (second floor use
only)
9-3 .273 . Conditional Uses: The following uses may be allowed
in the Downtown Commercial Zone. The establishment of
conditional uses shall be as provided by Section 9-2 . 109
(Conditional Use Permits) :
(a) Amusement services
(b) Public assembly and entertainment
(c) Hotels and motels
(d) Schools - Business and vocational (first floor use)
(e) Transit terminal (where no storage or repair of
vehicles occurs)
9-3.274 . Lot Sizes : There shall be no minimum lot size in the
Downtown Commercial Zone.
9-3 .275 . Setbacks : Setbacks shall be as follows :
1 . Front Setback:
a. E1 Camino Real north of West Mall : No setback
allowed
b. E1 Camino Real south of West Mall : Variable (to be
established
during design
review)
C. Traffic Way: No setback allowed
2 . Rear Setback None required
3. Side Setback: None required
4 . Creek Setback: Variable (to be established during
design review)
9-3.276. Parking Requirements :
1 . The parking requirements for uses located in this zone
shall be as required in Table 1 of the Downtown Master Plan.
2 . For existing buildings, only the parking needed for
additions thereto, or for changes in occupancy which
increase parking relative to the prior use, shall be
required.
3. The parking space requirements may be met by
a. Providing the required spaces on the site occupied
by the use;
b. Providing the required spaces off-site, but within
five hundred feet of the proposed use, in a lot owned
or leased by the developer of the proposed use;
c. Participating in a commonly held and maintained
off-site parking lot where other businesses maintain
their required spaces;
d. Any combination of subsections a. through c. above.
EXHIBIT I
DOWNTOWN ZONE 3
RE (Restaurant & Entertainment) Zone
9-3.281 . Purpose: This zone is established to encourage
restaurant and entertainment uses and activities in proximity to
Atascadero Creek.
9-3 .282 . Allowable Uses: The following uses shall be allowed
in the Restaurant and Entertainment Zone. The establishment of
allowed uses shall be as provided by Section 9-2 . 107 (Plot Plans)
and Section 9-2 . 108 (Precise Plans) :
(a) Eating and drinking places (exclusive of drive
through facilities)
(b) Temporary events
9-3 .283 . Conditional Uses : The following uses may be allowed
in the Restaurant and Entertainment Zone. The establishment of
conditional uses shall be as provided by Section 9-2 . 109
(Conditional Use Permits) :
(a) Amusement services
(b) Indoor recreation services
(c) Public assembly and entertainment
(d) Libraries and museums
(e) Specialty Retail
9-3.284. Lot Sizes : There shall be no minimum lot size in the
Restaurant and Entertainment Zone.
9-3 .285. Setbacks: Setbacks shall be as follows :
1 . Front and/or Street Setbacks:
a. E1 Camino Real: 20'
b. East Mall : 20'
c . Lewis Avenue: 20'
2 . Side Setback: None Required
3 . Rear Setback: None required
4 . Creek Setback: Variable (to be determined during design
review)
9-3 .286 . Parking Requirements :
1 . The parking requirements for uses located in this zone
shall be as required in Table 1 of the Downtown Master Plan.
2 . For existing buildings, only the parking needed for
additions thereto, or for changes in occupancy which
increase parking relative to the prior use, shall be
required.
3. The parking space requirements may be met by:
a. Providing the required spaces on the site occupied
by the use;
b. Providing the required spaces off-site, but within
five hundred feet of the proposed use, in a lot owned
or leased by the developer of the proposed use;
c. Participating in a commonly held and maintained
off-site parking lot where other businesses maintain
their required spaces;
d. Participating in a parking district which provides
parking spaces through a fee, assessment, or in-lieu
fee program as may be established by the City Council;
e. Any combination of subsections a. through d. above.
EXHIBIT J
DOWNTOWN ZONE 4
C (Commercial) Zone
9-3 .291 . Purpose: This zone is established to encourage a wide
variety of retail, office, restaurant, service, and other
commercial activities with special design review relative to
creekside development .
9-3 .292 . Allowable Uses : The following uses shall be allowed
in the Commercial Zone. The establishment of allowed uses shall
be as provided by Section 9-2 . 107 (Plot Plans) and Section 9-
2 . 108 (Precise Plans) :
(a) Food and beverage retail sales
(b) Furniture, home furnishings and equipment
(c) General merchandise stores
(d) Temporary or seasonal sales
(e) Health care services
(f) Libraries and museums
(g) Offices
(h) Personal services
(i) Utility offices
(j) Eating and drinking places (exclusive of drive
through facilities)
(k) Temporary events
(1) Broadcasting studios
(m) Building materials and hardware (where all areas of use
are within a building)
(n) Financial services (exclusive of drive through
facilities)
9-3 .293 . Conditional Uses: The following uses may be allowed
in the Commercial Zone. The establishment of conditional uses
shall be as provided by Section 9-2 .109 (Conditional Use
Permits) :
(a) Amusement services
(b) Indoor recreation services
(c) Public assembly and entertainment
(d) Hotels and motels
(e) Retirement Hotel
(f) Schools - Business and vocational
(g) Transit terminal (where no storage or repair of
vehicles occurs)
9-3 .294 . Lot Sizes : There shall be no minimum lot size in the
Commercial Zone.
9-3.295 . Setbacks : Setbacks shall be as follows :
1 . Front Setback:
a. El Camino Real : Variable (to be determined during
. design review)
b. Other streets : 20'
2 . Rear Setback: None required
3 . Side Setback: None Required
4 . Creek Setback: Variable (to be determined during design
review)
9-3 .296. Parking Requirements :
1 . The parking requirements for uses located in this zone
shall be as required in Table 1 of the Downtown Master Plan.
2 . For existing buildings, only the parking needed for
additions thereto, or for changes in occupancy which
increase parking relative to the prior use, shall be
required.
3. The parking space requirements may be met by:
a. Providing the required spaces on the site occupied
by the use;
b. Providing the required spaces off-site, but within
five hundred feet of the proposed use, in a lot owned
or leased by the developer of the proposed use;
c. Participating in a commonly held and maintained
off-site parking lot where other businesses maintain
their required spaces;
d. Any combination of subsections a. through c. above.
EXHIBIT K
PR (Pedestrian Retail) Overlay Zone
9-3 .501 . Purpose: The Pedestrian Retail Overlay Zone
identifies that area within the Downtown General Plan designation
that has the greatest potential for reinforcement as the City' s
primary retail shopping area. For this reasons, ground floor
uses within the PR Overlay Zone will be limited to encourage
supportive retail and pedestrian oriented service uses .
9-3 .502 . Allowable Uses : The following uses shall be allowed
in the Pedestrian Retail Overlay Zone. The establishment of
allowed uses shall be as provided by Section 9-2 . 107 (Plot Plans)
and Section 9-2 . 108 (Precise. Plans) :
(a) Furniture, home furnishings and equipment
(b) General merchandise stores
(c) Personal services
(d) Utility offices
(e) Hardware
(f) Eating and drinking places (exclusive of drive
through facilities)
(g) Residences (second floor only)
9-3.503 . Conditional Uses : The following uses may be allowed
in the Pedestrian Commercial Zone. The establishment of
conditional uses shall be as provided by Section 9-2 .109
(Conditional Use Permits) :
(a) Amusement services
(b) Public assembly and entertainment
(c) Libraries and museums
(d) Retirement hotel (second floor use only)
(e) Offices
(f) Temporary events
9-3 .504 . Development Standards : Setbacks, minimum lot size,
parking requirements, and sign regulaions shall be the same as
for the Pedestrian Commercial zone.
EXHIBIT L
TC (Tourist Commercial) Overlay Zone
9-3.511 . Purpose: The Tourist Commercial Overlay Zone
identifies that area within the Downtown General Plan designation
that has the greatest potential for providing tourist oriented
facilities that also support other downtown business and local
residents.
9-3 .512 . Conditional Uses : All uses allowed in the Commercial
Zone shall be established by conditional uses permit as provided
by Section 9-2 . 109 (Conditional Use Permits) :
9-3 .513. Development Standards : Setbacks, minimum lot size,
parking requirements, and sign regulations shall be the same as
for the Commercial zone but may be modified through the design
review and conditionl use permit process.