HomeMy WebLinkAboutOrdinance 5241
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. 524, adopted by the
Atascadero City Council at an a regular meeting thereof held on January 8, 2008, and that it has
been duly published pursuant to State Law.
DATED:
Marcia McClure Torgerson, C.M.C.
City Clerk
City of Atascadero, California
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ORDINANCE NO. 524
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
APPROVING ZONE CHANGE 2006-0117 AMENDING ATASCADERO
MUNICIPAL CODE BY APPROVING PLN 2007-1238
(ZONE CHANGE 2007-0138)
(Citywide/City of Atascadero)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from the City of Atascadero (6907 El
Camino Real), to consider Zone Change Text Amendments regarding the review period for a
determination of completeness, the minimum lot size in the RSF-Y and RSF-Z zoning districts,
setbacks from accessways, and the time period to obtain building permits on planning
entitlements; and,
WHEREAS, a Notice of Exemption was 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 Title 9 Planning and Zoning of the Municipal Code; 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 Planning and
Zoning 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 Planning and
Zoning Text Amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on September 18, 2007, studied and considered PLN 2007-1238, after first studying and
considering the Notice of Exemption prepared for the project; and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on December 11, 2007 studied and considered Zone Change 2007-0138, after first studying
and considering the Notice of Exemption prepared for the project; and,
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City of Atascadero
Ordinance No. 524
Page 2 of 10
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of a Zone Text Chane. The City Council finds
as follows:
1. The Planning and Zoning Text Change is consistent with General Plan policies and
all other applicable ordinances and policies of the City.
2. Amendment of the Zoning Ordinance, Sign Ordinance, and Exterior Lighting
Standards will provide for the orderly and efficient use of lands where such
development standards are applicable.
3. The text change will not, in itself, result in significant environmental impacts.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on January 8, 2007 resolved to introduce for first reading by title only, an
ordinance that would amend the City Zoning code text as follows:
EXHIBIT A: Text Change Amendments
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.
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City of Atascadero
Ordinance No. 524
Page 3 of 10
INTRODUCED at a regular meeting of the City Council held on December 11, 2007, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
January 8, 2008, by the following roll call vote:
AYES: Council Members Beraud, Clay, Luna, O'Malley and Mayor Brennler
NOES: None
ABSTAIN: None
ABSENT: None
aOF CADE
e
ke Brennler, Mayor
ATTEST:
Marcia McClure Torgerson, C.M. , City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
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City of Atascadero
Ordinance No. 524
Page 4 of 10
EXHIBIT A: Zoning Ordinance Text Changes
PLN 2007-1238
9-1.104 Applicability of the zoning regulations.
(a) Proposed Uses. The provisions of this title apply to all lots, buildings, structures and
uses of land created, established, constructed or altered subsequent to the adoption of this
title, unless specifically exempted by this section.
(b) Existing Uses. The provisions of this title are not retroactive in their effect on a use of
land lawfully established before the effective date of this title, unless an alteration,
expansion or modification to an existing use is proposed which requires approval pursuant
to this title. A use lawfully established before the effective date of this title shall become a
nonconforming use subject to all applicable provisions of Chapter 9-7 unless the use is
determined to be in compliance with all applicable provisions of this title.
(c) Completion of Approved Uses. Nothing in this title shall require any change in the
plans, construction or approved use of a building or structure for which a permit has been
issued or a zoning approval has been granted before the effective date of this title, as
follows:
(1) Building Permits. Site work has progressed beyond grading and completion of
structural foundations within one hundred eighty (180) days after building permit issuance.
(2) Zoning Approvals. Projects authorized through the approval of departmental reviews,
conditional use permits, precise plans, variances, and development plans shall apply for
construction permits within two years of the effective date of the approval of a conditional
use permit, precise plan, variance, development plan, unless an extension of time granted
such entitlements has been approved as provided under Section 9-2.118. Any project that
was approved for phased construction may continue under the approved phasing schedule.
(d) Nonexisting Use. A use of land not completed as provided by Section 9-1.104(c) as of
the effective date of this title shall be prohibited unless the use is determined to be in
compliance with all applicable provisions of this title. (Ord. 68 § 9-1.104, 1983)
9-2.102 Determination of completeness.
Within the time periods specified by subsections (a) and (b) of this section, the
Community Development Director or designee shall determine whether an application
includes the information required by this chapter, and shall notify the applicant if the
application is incomplete. The applicant shall be informed by a letter that the application is
incomplete and that additional information, specified in the letter, must be provided to
make the application complete.
(a) Plot Plans. A plot plan application shall not be accepted for processing unless it is
determined to be complete at the time of filing.
(b) Precise Plans and Conditional Use Permits. The timeframe for determination of
completeness shall be consistent with the State of California's Permit Streamlining Act. In
the event that the Director or designee does not make such a determination, the application
City of Atascadero
Ordinance No. 524
Page 5 of 10
shall be considered complete and processing of the environmental document required by
the California Environmental Quality Act (CEQA) shall commence.
When an applicant is notified that a submitted application is incomplete, the time used by
the applicant for preparation and submittal of the required additional information shall not
be considered part of the period within which the Director or designee must complete the
determination of completeness. The time available to an applicant for preparation and
submittal of additional information is limited by Section 9-2.121. (Ord. 68 § 9-2.102,
1983)
9-2.121 Applications deemed withdrawn.
Any application received and processed shall be deemed withdrawn if it has been held in
abeyance or continuance, awaiting the submittal of additional required information by the
applicant, and if the applicant has not submitted such information within 12 months of the
last written notification to the applicant requesting additional information in advance of
either a decision to accept the application for processing or review by the Planning
Commission or City Council, to which the applicant has not responded.
When an application is deemed withdrawn, or has been withdrawn by the applicant, the
Community Development Director or designee shall return the entire application package
to the applicant, including accompanying information and any portion of the filing fee is
not used in processing up to the point of withdrawal. The return application shall also be
accompanied by a letter explaining the requirements for refiling. A withdrawn application
may be refiled at any time, provided that it shall be received and processed as a new
application. (Ord. 68 § 9-2.121, 1983)
9-2.113 Permit time limits.
An approved plot plan is valid for the time limits established by Title 8 governing building
permits. An approved precise plan or conditional use permit is valid for twenty four (24)
months after its effective date, unless otherwise provided by adopted conditions. At the
end of the twenty four (24) months the approval shall expire and become null and void
unless:
(a) Building permits have been applied for and have not expired; or
(b) The project is completed (Section 9-2.115); or
(c) An extension has been granted (Section 9-2.118); or
(d) A building moratorium is imposed on the project site.
Nothing in this title shall be construed as affecting any time limits established by Title 8 of
this Code regarding work authorized by a building permit or other construction permit
issued pursuant to Title 8, or time limits relating to the expiration of such permit. (Ord. 68
§ 9-2.113, 1983)
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Ordinance No. 524
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9-2.119 Lapse of entitlement.
In the event that any of the circumstances listed in this section occur, an entitlement shall
be deemed to have lapsed. No use of land or structure, the entitlement for which has lapsed
pursuant to this section, shall be reactivated, reestablished, or used unless a new
entitlement is first obtained.
(a) Completed Projects. When a project has been completed or an authorized use not
involving construction has been established (Section 9-2.115), the entitlement which
authorized the project shall retain valid and in force, including any conditions of approval
adopted in connection therewith, unless:
(1) An approved use or structure authorized through plot plan approval is removed from
the site, and the site remains vacant for a period exceeding six (6) consecutive months, in
which case the plot plan approval shall lapse; or
(2) The circumstance described in Section 9-2.119(c) occurs, in which case conditional use
permit approval shall lapse; or
(3) A use or structure authorized through precise plan or conditional use permit approval
remains vacant and unused for its authorized purpose, or is abandoned or discontinued for
a period greater than twenty-four (12) consecutive months; or
(4) The entitlement is revoked in accordance with Section 9-8.105.
(a) Condition Declared Void. The conditional use permit shall cease to be valid in the
event that a judgment of a court of competent jurisdiction declares one or more of the
conditions of a conditional use permit approval to be void or ineffective, or enjoining or
otherwise prohibiting the enforcement or operation of one or more of such conditions.
(Ord. 68 § 9-2.119, 1983)
Article 4. RSF (Residential Single Family) Zone
9-3.154 Minimum lot size.
The minimum lot size in the Residential Single Family Zone shall be one-half ('/2) acre
and may range up to two and one-half (2'/2) acres. The size of a lot shall be consistent with
the land use designation set forth in the General Plan and shall be indicated by the
symbols set forth in the following chart, which shall be shown on the official zoning maps
as provided by Section 9-3.104(d).
Symbol Minimum Lot Size
X One-half ('/2) acre net area (excluding
land needed for street rights of way
whether publicly or privately owned).
Y One (1) acre gross area.
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City of Atascadero
Ordinance No. 524
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Z One and one-half (1'/2) to two and one-
half (2'/2) acres gross based on
performance standards set forth in this
section.
(a) Performance Standards. The following performance standards shall be evaluated for
each lot which is appended with the "Z" symbol in determining its minimum lot size:
(1) Distance from the Center of the Community. Using the Atascadero Administration
Building as the center of the community, the lot size factor based on this performance
standard shall be:
Distancel
Lot Size Factor
0--4000' 0.08
4000'--6000' 0.10
6000'--8000' 0.12
1. To be measured as radial distance using map maintained in the Planning Department.
(2) Septic Suitability. Using generalized soils data from the Soil Conservation Service
Reports, the lot size factor based on this performance standard shall be:
SCS Ratingl
Well suited
Moderate or slow
Severe
Lot Size Factor
0.30
0.50
0.70
1. Refer to map maintained in Community Development Department.
Percolation tests may be substituted for the Soil Conservation Service Reports. These shall
be prepared by a registered civil engineer or licensed sanitarian. The following conversion
chart shall be used to determine the appropriate lot size factor:
Percolation Rating Minutes Per Inch
Well suited Less than 20
Moderate 20 to 39
Slow 40 to 59
Severe Greater than 60
(3) Average Slope. Using the Basic, Sectional or Contour Measurement Method, the lot
size factor based on this performance standard shall be:
Slope Lot Size Factor
0--20%
0.30
21--30%
0.50
31%+
0.70
City of Atascadero
Ordinance No. 524
Page 8 of 10
(4) Condition of Access. Using the road right-of-way with the shortest accessible distance
between a lot and an improved collector road, the lot size factor based on this performance
standard shall be:
Condition Lot Size Factor
paved with slope of less than 15%
or City -accepted 0.15
paved with slope of greater than
15% 0.20
all-weather surface with slope of
less than 15% 0.25
all-weather surface with slope of
greater than 15% 0.30
unimproved surface 0.40
(5) General Neighborhood Character. Using the average lot size of existing lots (except
that lots larger than five (5) acres shall be excluded unless they constitute more than
twenty-five percent (25%) of the total number of lots) within a one thousand (1,000) foot
radius, the minimum lot size factor based on this performance standard shall be
determined by multiplying the average lot size by zero point two (0.2).
(b) Determination of Minimum Lot Size. The minimum lot size shall be determined by the
sum of each of the lot size factors for the performance standards set forth in subsection (a)
of this section.
(1) The most current information shall be used to determine the lot size factor. Where
information is not available, the Planning Director shall determine which lot size factor
shall apply,
(2) If more than one (1) lot size factor can be applied to a lot, the less restrictive factor
shall be used.
(3) Lot size factors shall be based on conditions in existence at the time of filing an
application unless information is included with the application which will alter a lot size
factor. (Ord. 412 § 3, 2003: Ord. 184 § 2, 1989; Ord. 175 § 2 (part), 1988; Ord. 154 § 2,
1987; Ord. 152 § 2, 1987; Ord. 145 § 3 (part), 1987; Ord. 113 § 2 (part), 1985; Ord. 68 §
9-3.154, 1983)
11-6.26 Flag lots (deep lot subdivisions).
(a) Flag lots may be approved for subdividing deep lots subject to the following findings:
(1) the subdivision is consistent with the character of the immediate neighborhood; (2) the
installation of a standard street, either alone or in conjunction with neighboring properties
is not feasible; and (3) the flag lot is justified by topographical conditions. Such
subdivisions shall conform with the following:
(1) The accessway serving the flag lot(s) shall not be included in the determination of
required lot area for any lot.
City of Atascadero
Ordinance No. 524
Page 9 of 10
(2) The original lot shall have frontage on a dedicated street.
(3) The accessway to the rear shall be at least twenty (20) feet wide (developed to City
standards) for residential zones, except where the accessway is more than one hundred
fifty (150) feet long, it shall be at least twenty-four (24) feet wide with twenty (20) feet of
pavement, unless otherwise approved by the Planning Commission. For all other zones,
the accessway shall be at least thirty (30) feet wide with a paved roadway at least twenty-
four (24) feet wide.
(4) Each lot shall have yards as required by the zoning regulations, including a five (5)
foot setback along any accessway, whether easement or lot line.
(5) The lot farthest from the street shall own the accessway in fee. Other lots using the
accessway shall have an access and utility easement over it, unless otherwise approved by
the advisory agency.
(6) Lots utilizing the accessway of a flag lot may be required to enter into a road
maintenance agreement to insure perpetual maintenance and repair of the accessway.
(7) A reflectorized house number master sign shall be located at the intersection of the
street and accessway and individual reflectorized address signs shall be placed on the
right-hand side of the driveway to each individual lot. (Ord. 370 § 2 (part), 2000)
9-4.107 Side setbacks.
The side setback is measured at right angles to the side property line to form a setback line
parallel to the side property line, which extends between the front and rear setback areas.
The minimum side setback is to be as follows:
(a) A, RS, RSF, LSF and RMF Zones and Residential Uses in Commercial and Industrial
Zones. All residential uses except for second story dwellings over commercial and
industrial uses shall have a minimum side setback of five (5) feet, except as follows:
(1) Corner Lots. The side setback on the street side of a corner lot is to be a minimum of
ten (10) feet.
(2) A Corner Lot Adjacent to a Key Lot. A side setback equal to one-half the depth of the
required front setback of the key lot shall be provided, except that:
(i) Where the corner lot is less than fifty (50) feet in width, the setback is to be a minimum
of ten (10) feet.
(ii) Where an alley is between the corner lot and a key lot, the setback on the street side of
the corner lot is to be five (5) feet.
(3) Accessory Buildings. A side yard may be used for an accessory building no greater
than twelve (12) feet in height, provided that it is not used for human habitation or the
keeping of animals and is either:
(i) Located no closer than three (3) feet to any property line; or
(ii) Located on the rear half of the lot; or
(iii) Established on the property line as a common wall structure pursuant to subdivision
(4) of this subsection, or as a zero lot line structure, provided that all applicable Uniform
Building Code requirements are satisfied for a property line wall.
(4) Common Wall Development. Any two dwelling units, and/or their accessory garages,
may be constructed on adjoining lots without setbacks between them provided that:
City of Atascadero
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(i) The setback has been eliminated through subdivision map or conditional use permit
approval; and
(ii) A common wall or party wall agreement, deed restriction or other enforceable
restriction has been recorded; and
(iii) The side setbacks opposite the common wall property line are not less than two times
the minimum width required by this section; and
(iv) Common wall construction is in compliance with the Uniform Building Code.
(5) Zero Lot Line Development. A group of dwelling units on adjoining lots may be
established so that all units abut one side property line, provided that:
(i) The setback has been eliminated for an entire block through subdivision map or
conditional use permit approval; and
(ii) The modified setback requirements for the block are recorded as part of a land division
map, deed restriction, or other enforceable restriction; and
(iii) The side setback shall not be eliminated or reduced on the street side of a corner lot;
and
(iv) Side setbacks opposite the zero setback property line are not less than twice the
minimum required by this section.
(b) CN, CP, CR, CS, CT, CPK, IP, I and P Zones. No side setbacks are required. Ground
floor residential uses are subject to the setback requirements of subsection (a) of this
section.
(c) L and LS Zones. A minimum five (5) foot side setback is required. (Ord. 303 § 2 (Exh.
C), 1996; Ord. 68 § 9-4.107, 1983)
(6) Access easements. All access easements shall have a minimum setback of five (5) feet,
measured from the edge of the easement.
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