HomeMy WebLinkAboutOrdinance 225 CERTIFICATION
I, LEE RABOIN, City Clerk of the City of Atascadero, hereby
certify that the foregoing is the true and correct original of
Ordinance No. 225 adopted by the Atascadero City Council at a
regular meeting thereof held on June 25, 1991 and that it has been
duly published pursuant to State Law.
DATED: July 10, 1991
L E RABOIN
City Clerk
City of Atascadero, California
ORDINANCE NO. 225
AN URGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF ATASCADERO AMENDING THE ZONING ORDINANCE
BY EXTENDING ORDINANCE NO. 224 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
utility uses within residential zones which could be deleterious to
the stated objectives of such zones; and
WHEREAS, the City Council adopted, on an urgency basis,
interim Ordinance No. 224 on May 28, 1991, requiring Conditional
Use Permit approval for the installation of previously allowed
utility transmission facilities within the residential zones; and
WHEREAS, notice was given pursuant to Section 65858 (b) of the
Government Code for public hearing by the City Council on June 25,
1991; and
WHEREAS, passage of Ordinance No. 224 was effective for a
period of forty-five days from its, adoption, unless extended,
following notice pursuant to Section 65090; and
WHEREAS, consideration of an urgency measure shall require a
4J5ths vote of the legislative body for adoption.
Section 1. Council Findings.
I. The proposed code amendment is in conformance with
Section 65800 et seq of the California Government Code
concerning zoning regulations.
Ordinance No. 225
Page Two
2. The proposed zoning ordinance text amendment is categor-
ically 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
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 in full force and effect for 22 months and 15 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, con-
taining a declaration of the facts constituting the urgency and
Ordinance No. 225
Page Three
passed by a four-fifths (4/5ths) vote of the Council shall take
effect immediately upon its adoption.
Section 6. 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 circu-
lated 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 Lilley , and seconded by Council-
person Dexter , the foregoing ordinance is hereby adopted in its
entirety by the following roll call vote:
AYES: Councilmembers Dexter, Borgeson, Lilley, Nimmo and Mayor
Shiers
NOES: None
ABSENT: None
ADOPTED: 6/25/91
A'T'TEST: CITY OF ATASCADERO
LEE RASO, City Clerk ALDEN F. SHIERS, Mayor
By: Cindy Wilkins, Deputy City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
%��Z=hft —
AR HE M TAND ity Attorney RAY W1VDSOR, Citly Manager
PREPARED BY:
HENRY ENGE , Commurfity Development Director
ORDINANCE NO. 225
EXHIBIT "A"
Section 9-3.701 LAND USE DESCRIPTIONS
Utility Transmission Facilities:
Utility transmission lines , including
substations poles and wires for electric, gas,—etheE ene
seuEe�esywateE, 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.
(unless pre-emoted by Government Code Section 53091 or order of the
Public Utilities Commission) water tanks, antennas, satellite
receiving or transmitting dishes, or other facilities requiring or
consisting of above-ground structures.
Note:
Strikeout indicates text to be deleted.
Underline indicates text to be added.
ORDINANCE NO. 225
EXHIBIT "B"
RS (Residential Suburban) Zone
9-3. 143. Conditional Uses:
Jul Utility facilities
RSF (Residential Single Family) Zone
9-3. 153. Conditional Uses:
Q 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:
j 1. Utility facilities
Note:
Underline indicates text to be added