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HomeMy WebLinkAboutOrdinance 538 WAW 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. 538, adopted by the Atascadero City Council at a regular meeting thereof held on April 14, 2009, and that it has been Um duly published pursuant to State Law. Q J DATED: %' �-- Marcia McClure Torgerson, C.M.0 City Clerk City of Atascadero, California aw ORDINANCE NO. 538 40. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO AN EXISTING PLANNED DEVELOPMENT OVERLAY-12 TO ELIMINATE THE "INDOOR ONLY" RESTRICTION FROM THE FARM EQUIPMENT AND SUPPLIES USE ON APN 045-331-014: SANTA BARBARA & EL CAMINO REAL (PMB Development Co) WHEREAS, an application has been received from PMB Development Company, 765 Baywood Drive #141, Petaluma, CA, 94954, (Applicant), to consider a project consisting of amendments to the Dove Creek Commercial Center Master Plan of Development and PD-12 Overlay Zone Text (APN 045-331-014); and, WHEREAS, the site's General Plan Designation is (MU) Mixed-Use; and, WHEREAS, the site's current zoning district is CR (Commercial Retail)/PD-12 (Planned Development Overlay#12); and, WHEREAS, Mitigated Negative Declaration 2004-0026 was certified but he City Council during the project approval in 2004 and the proposed amendments are consistent with this certified document; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Code Text to protect the health, safety and welfare of its citizens by applying orderly development; 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 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 amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on March 3, 2009, studied and considered Zone Text Amendments to the PD-12 Overlay Zone, and, WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on March 24, 2009, studied and considered Zone Text Amendments to the PD-12 Overlay Zone, and, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO Now HEREBY ORDAINS AS FOLLOWS: City of Atascadero Ordinance No. 538 Page 2 of 4 SECTION 1. Findings for Approval of a Zone Change Amending Planned Development Overlay Zone-12 Code Text. 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 April 14, 2009 resolved to approve on second reading, by title only, an ordinance that would amend the City Zoning ordinance with the following: 9-3.657 Establishment of Planned Development Overlay Zone No. 12 (PD12). Planned Development Overlay Zone No. 12 is established as shown on the official zoning maps(Section 9- 1.102 of this title).A Planned Development Overlay Zone No. 12 is established on parcels APNs 045-342- 003,045-381-010,045-381-007,045-381-009,045-331-002,045-331-004,045-331-008,045-331-001,045- 342-005,045-342-004,045-342-013,045-342-001,045-342-008,045-342-002,045-352-005 45- 342-005,045-342-004,045-342-013,045-342-001,045-342-008,045-342-002,045-352-005 with a combined gross acreage of 63.3 acres.The maximum residential density within the planned development shall not exceed two hundred seventy-nine(279)residential units. A minimum of 6.31 acres of commercial retail use and 27.7 acres of common and natural open space on the 63.3-acre project site shall be provided. The development standards contained within the master plan of development document(CUP 2003-0099),as conditioned shall be applied to all future development within the project area,and as follows: (a)The Vesting Tentative Tract Map(TTM 2003-0033)and any subsequent amendments for the site shall be consistent with CUP 2003-0099. All construction and development shall conform to the approved master plan of development,as conditioned. (b)No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development. (c)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. (d)Building setbacks lot sizes,landscape area,and lot coverage shall be as identified within the approved master plan of development. (e)Alterations or additions to established dwelling units shall be subject to the density and development standards of the master plan of development. (f)Subsequent amendments to the master plan of development shall be approved by Planning Commission Resolution. am (g)The commercial center will retain the Commercial Retail zoning district designation.The following allowable uses are proposed for this district within the PD12 overlay zone: City of Atascadero Ordinance No. 538 Page 3 of 4 (1)Broadcast studios; (2)Building materials and hardware(indoor only); (3)Food and beverage retail sales; (4)Furniture,home furnishings and equipment; (5)General merchandise stores; (6)Mail order and vending; (7)Temporary or seasonal sales; (8)Financial services; (9)Health care services; (10)Offices; (11)Small scale manufacturing; (12)Temporary offices; (13)Personal services; (14)Light repair services; (15)Eating and drinking places; (16)Membership organizations; (17)Horticultural specialties; (18)Schools—business and vocational; (19)Business support services,where all areas of use are located within a building; (20)Farm equipment and supplies(indoor ems# (21)Fuel and ice dealers; (22)Hotels and motels; (23)Skilled nursing facility; (24)Bed and breakfast; (25)Funeral services; (26)Schools; ow (27)Utility service center; (28)Libraries and museums; (29)Temporary events. All residential and open space use shall be consistent with the requirements of the underlying zoning district except as allowed by the master plan of development. 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. am City of Atascadero Ordinance No. 538 Page 4 of 4 INTRODUCED at a regular meeting of the City Council held on March 24, 2009, and PASSED r.. and ADOPTED by the City Council of the City of Atascadero, State of California, on April 14, 2009, by the following roll call vote: AYES: Council Members Clay, Fonzi, Kelley, O'Malley and Mayor Beraud NOES: None ABSENT: None ABSTAIN: None ADOPTED: April 14, 2009 CITY OF ATASCADERO, CA ~i Ellen Beraud, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., Vity Clerk APPROVED ASA FORM: r Brian A. Pierik, City Attorney ow ORDINANCE NO. 538 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A ZONE TEXT AMENDMENT TO AN EXISTING PLANNED DEVELOPMENT OVERLAY-12 TO ELIMINATE THE "INDOOR ONLY" RESTRICTION FROM THE FARM EQUIPMENT AND SUPPLIES USE ON APN 045-331-014 SANTA BARBARA & EL CAMINO REAL (PMB Development Co) WHEREAS, an application has been received from PMB Development Company, 765 Baywood Drive #141, Petaluma, CA, 94954, (Applicant), to consider a project consisting of amendments to the Dove Creek Commercial Center Master Plan of Development and PD-12 Overlay Zone Text (APN 045-331-014), and, WHEREAS, the site's General Plan Designation is (MU)Mixed-Use, and, WHEREAS, the site's current zoning district is CR (Commercial Retail)/PD-12 (Planned Development Overlay#12), and, WHEREAS, Mitigated Negative Declaration 2004-0026 was certified but he City Council during the project approval in 2004 and the proposed amendments are consistent with rrrr this certified document; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Code Text to protect the health, safety and welfare of its citizens by applying orderly development; 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 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 amendments, and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on March 3, 2009, studied and considered Zone Text Amendments to the PD-12 Overlay Zone, and, WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on March 24, 2009, studied and considered Zone Text Amendments to the PD-12 Overlay Zone, and, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS City of Atascadero Ordinance No. 538 Page 2 of 4 am SECTION 1. Findings for Approval of a Zone Change Amending Planned Development Overlay Zone-12 Code Text. 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 April 14, 2009 resolved to approve on second reading, by title only, an ordinance that would amend the City Zoning ordinance with the following: 9-3.657 Establishment of Planned Development Overlay Zone No. 12(PD12). Planned Development Overlay Zone No. 12 is established as shown on the official zoning maps(Section 9- 1 102 of this title) A Planned Development Overlay Zone No. 12 is established on parcels APNs 045-342- 003 045-381-010,045-381-007 045-381-009,045-331-002,045-331-004,045-331-008,045-331-001 045- 342-005 045-342-004 045-342-013 045-342-001,045-342-008,045-342-002,045-352-005 with a combined gross acreage of 63.3 acres.The maximum residential density within the planned development shall not exceed two hundred seventy nine(279)residential units.A minimum of 6.31 acres of commercial retail use and 27 7 acres of common and natural open space on the 63.3-acre project site shall be provided. The development standards contained within the master plan of development document(CUP 2003-0099) as conditioned shall be applied to all future development within the project area,and as follows. (a)The Vesting Tentative Tract Map(TTM 2003-0033)and any subsequent amendments for the site shall be consistent with CUP 2003-0099 All construction and development shall conform to the approved master plan of development,as conditioned. (b)No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development. (c)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. (d)Building setbacks lot sizes,landscape area,and lot coverage shall be as identified within the approved master plan of development. (e)Alterations or additions to established dwelling units shall be subject to the density and development standards of the master plan of development. (f)Subsequent amendments to the master plan of development shall be approved by Planning Commission Resolution. +r�r (g)The commercial center will retain the Commercial Retail zoning district designation. The following allowable uses are proposed for this district within the PD12 overlay zone: City of Atascadero Ordinance No. 538 Page 3 of 4 (1)Broadcast studios, (2)Building materials and hardware(indoor only); (3)Food and beverage retail sales, (4)Furniture,home furnishings and equipment; (5)General merchandise stores, (6)Mail order and vending; (7)Temporary or seasonal sales, (8)Financial services, (9)Health care services, (10)Offices, (11)Small scale manufacturing; (12)Temporary offices (13)Personal services, (14)Light repair services, (15)Eating and drinking places, (16)Membership organizations, (17)Horticultural specialties, (18)Schools—business and vocational, (19)Business support services,where all areas of use are located within a building; (20)Farm equipment and supplies(indoor-eniy)j (2 1)Fuel and ice dealers, (22)Hotels and motels, (23)Skilled nursing facility- (24)Bed and breakfast; (25)Funeral services; (26)Schools, w (27)Utility service center; (28)Libraries and museums, (29)Temporary events. All residential and open space use shall be consistent with the requirements of the underlying zoning district except as allowed by the master plan of development. 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 am City of Atascadero Ordinance No. 538 Page 4 of 4 INTRODUCED at a regular meeting of the City Council held on March 24, 2009, and PASSED am and ADOPTED by the City Council of the City of Atascadero, State of California, on April 14, 2009, by the following roll call vote AYES Council Members Clay, Fonzi, Kelley O'Malley and Mayor Beraud NOES None ABSENT None ABSTAIN None ADOPTED April 14, 2009 CITY OF ATASCADERO, CA Ellen Beraud, Mayor ATTEST w. PA'A &/j,-, M'-0t--zC,,-A�- Marcia McClure Torgerson, C.M.0 , Vity Clerk APPROVED ASA FORM. t Brian A. Pierik, City Attorney am