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Home My WebLink AboutOrdinance 516 CERTIFICATION I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No. 516, adopted by the Atascadero City Council at a regular meeting thereof held on November 13, 2007, and that it has been duly published pursuant to State Law. Marcia McClmre Torgerson,C.M.C.f City Clerk ' City of Atascadero,'California ORDINANCE NO. 516 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADER09 CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2006-0121 TO ESTABLISH A PLANNED DEVELOPMENT OVERLAY #29 5825 Ridgeway Ct. (Beck) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from Jim and Adrienne Beck, 5825 Ridgeway Ct, Atascadero, Ca 93422, and Gary and Mary Tharp, 12250 San Antonio Rd, Atascadero, Ca 93422 (Applicants and Property Owners), to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -family -10) to RMF-10/PD29 (Residential Multi - Family -10 with a Planned Development Overlay #29) with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 5825 Ridgeway Ct, (APN 029-322- 022, 023, 024); and, WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0003 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety, and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, 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; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change 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 zoning text amendments; and, 1 City of Atascadero Ordinance No. 516 Page 2 of 4 WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on September 18, 2007 studied and considered Zone Change 2006-0121, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on November 13, 2007 studied and considered Zone Change 2006-0121, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for Approval of a Zone Text Chante Creating a PD Planned Development Overlay #29 District. The City Council finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on November 13, 2007 resolved to approve on second reading by title only, an ordinance that would amend the City Zoning Code Text with the following: 9-3.674 Establishment of Planned Development Overlay Zone #29 This Planned Development Overlay Zone on APN 029-322-022, 023, 02 in the Residential Multi- family Zone. The maximum residential density within the planned development shall not exceed the density allowed by the underlying zoning district and provisions of the Atascadero Municipal Code. The following development standards shall be met by the entitled project within the PD Overlay Zone #29: 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 Tentative Tract Map and any subsequent amendments for the site shall be consistent with an 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. City of Atascadero Ordinance No. 516 Page 3 of 4 d) Appearance of each dwelling unit, site landscaping, site development, and amenities shall be consistent with the Atascadero Appearance Review Manual. All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved. Buffer landscaping along the eastern property line shall be maintained by the individual property owners in perpetuity. e) Any future improvements/rehabilitation of the historic Colony Home shall be completed in accordance with the secretary of the interior's standards for rehabilitating historic structures. f) Each unit shall include the following: • 300 cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not count toward this requirement). ■ Dedicated space for laundry facilities with hookups. g) All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground. h) Exterior walls or fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units. Fence posts shall be metal or pressure treated wood. Wood preservative/sealer shall be applied to fence panels. i) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. j) Trash shall be stored in individual garages. SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. City of Atascadero Ordinance No. 516 Page 4 of 4 INTRODUCED at a regular meeting of the City Council held on October 9, 2007, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on November 13, 2007, by the following roll call vote: AYES: Council Members Beraud, Brennler, Clay, O'Malley and Mayor Luna NOES: None ABSTAIN: None ABSENT: None CITY ATASCAD O By: r. George Luna, Mayor ATTEST: 1 Marcia McClure Torgerson, C.M.0 City Clerk APPROVED AS TO FORM: Brian Pierik, Interim City Attorney 1