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HomeMy WebLinkAboutOrdinance 224 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. 224 adopted by the Atascadero City Council at a regular meeting thereof held on May 28, 1991 and that it has been duly published pursuant to State Law. i` DATED: June 7, 1991. ----� L AYKA City Clerk City of Atascadero, California ORDINANCE NO. 224 AN INTERIM ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE ZONING ORDINANCE BY REQUIRING CONDITIONAL USE PERMITS FOR THE INSTALLATION OF CERTAIN PREVIOUSLY ALLOWED UTILITY TRANSMISSION FACILITIES WITHIN RESIDENTIAL ZONES (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 review, revise and update the City' s Zoning Ordinance text and map; and WHEREAS, the City's Zoning Ordinance permits a wide variety of uses within residential zones which could be deleterious to the stated objectives of such zones; and WHEREAS, the City Council held a public hearing on the matter on May 28, 1991; 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 concerning zoning regulations. 2. The proposed zoning ordinance text amendment is categorically exempt from the provisions of the California Environmental Quality Act. 3. Further study is necessary to determine what, if any, legislation is necessary and proper for the protection of the public health, safety, and welfare. 4. The proposed zoning ordinance text amendment designates uses which are presently allowed to be uses which may be permitted subject to a conditional use permit to ensure Ordinance No. 224 consistency with the residential goals of the General Plan. 5. There is a current and immediate threat to the public health, safety, or welfare, and approval of additional building permits for the stated uses inconsistent with the zoning ordinance text amendments provided for herein would result in a threat to public health, safety, or welfare. Section 2. Zoning Ordinance Text Change. 1. Section 9-3.701 (Land Use Descriptions) of the Zoning Ordinance text is hereby amended as shown in the attached Exhibit "A", which is hereby made a part of this ordinance by reference. 2. Section 9-3.143, Section 9-3. 153, Section 9-3. 163, and Section 9-3. 173 of the Zoning Ordinance text are hereby amended as shown in the attached Exhibit "B", which is hereby made a part of this ordinance by reference. Section 3. This ordinance is adopted under Government Code Section 65858 and is full force and effect for forty-five days. Section 4. 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 5. 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. 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. Ordinance No. 224 On motion by Councilperson Nimmo, seconded by Councilperson Shiers, the foregoing ordinance is hereby adopted in its entirety by the following roll call vote: AYES: Councilpersons Shiers, Nimmo, Dexter and Mayor Lilley NOES: None ABSENT: Councilperson Borgeson ADOPTED: May 28, 1991 CITY OFASC DERO, CALIFORNIA OBERT L L , OR • E DAYKA, City C erk APPROVED AS TO CONTENT: V v L&A—� Z�NDSORI City Manager APPROVED AS TO FORM: ART R O T DON, City Attorney PREPARED BY: HEN Y ENGEN Communi y Development Director Ordinance No. 224 EXHIBIT A Section 9-3.701 LAND USE DESCRIPTIONS Utility Transmission Facilities: Utility transmission lines including poles and wires for electric, cable television and telephone service. Does not include lines serving individual customers. Utility Facilities: Includes utility facilities not included in "Utility Service Centers" or "Utility Transmission Facilities" such as substations, water tanks, antennas, satellite receiving or transmitting dishes, or other facilities requiring or consisting of above-ground structures. Ordinance No. 224 EXHIBIT B RS (Residential Suburban) Zone 9-3. 143. Conditional Uses: (u) Utility facilities RSF (Residential Single Family) Zone 9-3. 153. Conditional Uses: (1) Utility facilities LSF (Limited Single Family Residential) Zone 9-3.163. Conditional Uses: (k) Utility facilities RMF (Residential Multiple Family) Zone 9-3. 173. Conditional Uses: (i) Utility facilities