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HomeMy WebLinkAboutOrdinance 675 ORDINANCE NO. 675 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE, TITLE 9: PLANNING AND ZONING, APPROVING TEXT AMENDMENTS TO THE PLANNED DEVELOPMENT #27 OVERLAY ZONE APN 029-274-014, 029-274-031, 029-274-032 GRAND OAKS PASEO CAL COASTAL HOLDINGS (AMND24-0045) WHEREAS, an application has been received from Cal Coastal Holdings, LLC, (Applicant/ Owner), 242 El Dorado Way, Pismo Beach, CA 93449, (AMND24-0045) to consider an Amendment to the Master Plan of Development (Resolution 2019-082) and PD overlay text to eliminate a cottage unit on Lot 14, eliminate the carport, and add two residential units to the second floor of the community building; and WHEREAS, the site has a General Plan Designation of High Density Residential (HDR) and General Commercial (GC); and WHEREAS, the site is in the Residential Multi-Family 24 (RMF-24) zoning district and Commercial Retail (CR) with a Planned Development Overlay Zone (PD27); and WHEREAS, A Master Plan of Development was approved by the City Council consistent with the PD overlay standards on November 12, 2019 (Resolution 2019-082); and WHEREAS, PD 27 was established in 2006 and amended in 2019 with the approval of the Grand Oaks Paseo Master Plan of Development and modifications to the zoning overlay district are necessary for consistency with the amended Master Plan of Development; and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact amendments to Planned Development Overlay #27 for consistency with the revised Master Plan of Development, including incorporation of land use definitions updated between overlay zone adoption in 2004 and today; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit Amendment application was held by the Planning Commission of the City of Atascadero, at which hearing evidence, oral and documentary, was admitted on behalf of said Amendments; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit Amendment application was held by the City Council of the City of Atascadero, at which hearing evidence, oral and documentary, was admitted on behalf of said Amendments; and City of Atascadero Ordinance No. 675 Page 2 of 4 WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Planning Commission Recommendation. The Planning Commission of the City of Atascadero, on June 18, 2024, held a timely and properly noticed Public Hearing upon the subject Title 9 Atascadero Municipal Code amendments in association with the Amendment to the Master Plan of Development (AMND24-0045), at which hearing evidence, oral and documentary, was admitted on behalf of said amendments and the Planning Commission recommended that City Council approve the proposed text amendments. SECTION 2. Public Hearing. The City Council of the City of Atascadero, at a Public Hearing held on July 9, 2024, considered testimony and reports from staff and the public and introduced for first reading, by title only, an Ordinance amending Title 9 of the Atascadero Municipal Code. SECTION 3. Facts and Findings. The City Council makes the following findings and determinations for approval of the proposed text amendments: A. Findings for Zone Text Amendment: 1. FINDING: The proposed project or use is consistent with the General Plan, and all other applicable ordinances and policies of the City. FACT: The proposed amendments are consistent with the General Plan. The project site is designated General Commercial and High-Density Multi-Family and was approved as a custom-small lot subdivision with shared amenity space and a mixed-use component along the project frontage, consistent with the General Plan goals and policies. The proposed amendments do not change the overall use or character of the project. 2. FINDING: The establishment and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and FACT: The amendment will not change the use or character of the project and will not be detrimental to the health, safety, or welfare of the general public or residents within the project. City of Atascadero Ordinance No. 675 Page 3 of 4 3. FINDING: The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and FACT: The proposed amendments are consistent with the character of the neighborhood and are consistent with uses previously approved on the site. 4. FINDING: The proposed zone change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts; and FACT: The proposed amendments will not generate a substantial increase in traffic. The 2 additional proposed residential units will generate an insubstantial increase in the volume of traffic. SECTION 4. CEQA. The proposed modifications are consistent with the previously certified Mitigated Negative Declaration (EDN2005-0063). SECTION 5. Approval. The City Council of the City of Atascadero, in a regular session assembled on July 9, 2024, resolves to approve an Amendment to the Grand Oaks Paseo Master Plan of Development (AMND24-0045), subject to the following: EXHIBIT A: Planned Development Overlay Zone #27 text amendments SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 7. Preservation. Repealing of any provision of the Atascadero Municipal Code or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such previous Atascadero Municipal Code provision or other City Ordinance to remain in full force and effect for all purposes. SECTION 9. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. City of Atascadero Ordinance No. 675 Exhibit A Page 1 of 2 § 9-3.672 Establishment of Planned Development Overlay Zone No. 27: (PD27). Planned Development Overlay Zone No. 27 is established as shown on the Official Zoning Maps (Section 9- 1.102). A Planned Development Overlay Zone No. 27 is established on parcel APN 029-271-001 with a combined gross acreage of 1.71 acres. The maximum residential density within the planned development shall not exceed 31 residential units. The development standards contained within the master plan of development, as conditioned, shall be applied to all future development within the project area, and as follows: (a) All site development shall require the approval of a master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned. (b) The Vesting Tentative Tract Map (TR 3141) and any subsequent amendments for the site shall be consistent with the approved master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned. (c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development. (d) The commercial area, residential dwelling units, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved master plan of development. (e) Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development. (f) All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved. (g) All utilities, including electric, telephone and cable, along the frontage of, and within the PD and along the project frontages shall be installed and/or relocated underground. (h) The property will retain the Commercial Retail zoning district designation. The following allowable uses are proposed for this district within the PD-27 overlay zone for the live/work spaces and community building: (1) General Retail; (2) Temporary or seasonal sales; (3) Financial services; (4) Offices; (5) Temporary offices; (6) Personal services; (7) Membership organizations; (8) Business support services, where all areas of use are located within a building; (9) Libraries and museums; (10) Temporary events; (11) Tasting room; City of Atascadero Ordinance No. 675 Exhibit A Page 2 of 2 (12) Artisan foods and products; (13) Day Care - Small family day care home; (14) Research and development; (15) Printing and publishing. (i) The conditional uses will be as follows: (1) Public assembly and entertainment; (2) Microbrewery/brewpub; (3) Schools—business and vocational; (4) Schools. (j) No open parking spaces shall be reserved for any commercial or residential tenant with the exception of the tandem spaces. (k) The common lot shall be maintained as a common use parcel for all residential tenants. No fencing or other barrier shall be constructed which hinders pedestrian access to each residential lot or which limits the ability for a residential owner to provide basic utility services to their property. (l) All trees shown to be protected on the approved master plan of development shall be maintained. Any future tree removal shall require approval per the requirements set forth in the Atascadero Native Tree Ordinance.