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Home My WebLink AboutOrdinance 560 CERTIFICATION 1, 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. 560, adopted by the Atascadero City Council at a regular meeting thereof held on July 10, 2012, and that it has been duly published pursuant to State Law. DATED: V7, Marcia McClure Torgerson,C.M.C. 11 City Clerk City of Atascadero,California i ORDINANCE NO. 560 SP-2 OVERLAY DISTRICT ZONING CODE TEXT AMENDMENT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE BY ADDING CHAPTER 9-3.691 ESTABLISHING A "SPECIFIC PLAN ZONE 2" ZONING DISTRICT CODE TEXT ZCH 2007-0141 AND ZCH 2007-0142 FOR THE DEL RIO COMMERCIAL AREA SPECIFIC PLAN DEL RIO COMMERCIAL AREA SPECIFIC PLAN WALMART STORES INC. / THE ROTTMAN GROUP / MONTECITO BANK AND TRUST WHEREAS, an application has been received from: Wa mart Stores, Inc. (2001 S.E. 10th Street Bentonville, AR 72716-0550) Owner, and EDA Design Professionals (1998 Santa Barbara St. Suite 200 San Luis Obispo, CA 93401) Applicant, and; The Rottman Group (P.O. Box 227 Santa Maria, CA 93456-0227) Owner, and Omni Design Group(689 Tank Farm Road San Luis Obispo, CA 93453) Applicant, and; Montecito Bank and Trust (1010 State Street, Santa Barbara, California 93101) Owner, and Omni Design Group (689 Tank Farm Road San Luis Obispo, CA 93453)Applicant, to consider Planning Applications PLN 2007-1245 and PLN 2007-1246, for a project consisting of General Plan Amendments, Zone Text and Map Amendments, Specific Plan, Vesting Tentative Parcel Maps, Tree Removal Permits and certification of an Environmental Impact Report ("E1R") on a 39.3± acre site located on El Camino Real and Del Rio Road, Atascadero, CA 93422 (APRT 049-112-002, 018, 019, 022, ,036, 039, 049-151-005, 036, 037, 040, 041, 049-102-020, 031, 032, 045, 048, 056 and 049-131-070); and, WHEREAS, the site's current General Plan Land Use Designation is General Commercial (GC), Commercial Park (CPK), Single-Family Residential (SFR-X), High-Density Residential(HDR), Medium-Density Residential(MDR),and Suburban Estates(SE); and, WHEREAS, the site's current Zoning Designation is Commercial Retail (CR), Commercial Park (CPK), Residential Single-Family (RSF-X), Residential Multi Family (RMF- 20),Residential Multi Family (RMF-10),and Residential Suburban(RS); and, City of Atascadero Ordinance No. 560 Page 2 of 5 WHEREAS, the Planning Commission has recommended that the City Council approve I a General Plan Land Use Diagram Amendment to change the Land Use Designation of lots within the project site to Commercial Retail (CR), High-Density Residential (HDR), and Single- Family Residential (SFR-X); and, WHEREAS, a Zoning Ordinance Text Change is proposed by the applicants to establish -zoning code text for Specific Plan Zone 2; and, WHEREAS, the General Plan has designated the project site as an area requiring a comprehensive master plan in order to minimize environmental impacts and maximize community compatibility (General Plan Table 11-5) and to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, a Final EIR, Finding of Fact, and Statement of Overriding Considerations have been 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 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, the Final EIR, Finding of Fact and Statement of Overriding Considerations have been recommended by the Planning Commission for certification to the City Council; 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 expanding commercial opportunities within the City; and, WHEREAS, timely and properly noticed Public Hearings upon the subject Zone Text Amendment application was held by the Planning Commission and City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on. behalf of said Zoning Ordinance amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on June 5, 2012, studied and considered Zone Text Change ZCH 2007-0141 and ZCH 2007-0142, after first studying and considering the Final EIR, Finding of Fact and Statement of Overriding Considerations prepared for the project; and, WHEREAS, the Planning Commission of the City of Atascadero, has recommended the City Council approve Zone Text Change ZCH 2007-0141 and ZCH 2007-0142; and, WHEREAS, the Atascadero City Council, at a Public Hearing held on June 26, 2012, studied and considered Zone Text Change ZCH 2007-0141 and ZCH 2007-0142, after first considering the Planning Commission's recommendation and considering the Final. EIR, Finding I of Fact and Statement of Overriding Considerations prepared for the project; and, City of Atascadero Ordinance No. 560 Page 3 of 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS:: SECTION 1. Findings for Approval of a Zone Text Change Creating a Specific Plan Zone 2 Zoning District Code Text. The City Council finds as follows: 1. The proposed project or use is consistent with the General Plan as described in General Plan Amendment Finding No. 4. and, 2. 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 as described in General Plan Amendment Finding No. 3; and, 3. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development as described in General Plan Amendment Finding No. 5, zoning map amendment No. 4; and, 4. The proposed zone change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts as described in General Plan Am�er�drr�ent Finding No. 6; and 5. The proposed zone change is consistent with the project-specific Final Environmental Impact Report and incorporates all feasible mitigation measures consistent with the Mitigation Monitoring and Reporting Program; and, SECTION 2. Approval. Section 9-3.691 of the Atascadero Municipal Code is amended to read as follows: 9-3.691 Establishment of Specific Plan Zone No. 2: (SP-2). A Specific Plan Zone No. 2 (SP-02) is established in on parcels (APN 049-112- 002, 018, 019, 022, 036, 039, 049-151-005, 036, 037, 040, 041, 049-102-020, 031, 032, 045, 048, 056 and 049-131-070) with a combined gross acreage of 39.3 acres. The permitted uses, maximum intensities, residential densities, site plans and architectural guidelines are established and regulated by the Del Rio Road Commercial Area Specific Plan (SP 2003-0003). The development standards contained within the Specific Plan Policy Document and Appendixes, as conditioned, shall be applied to all future development within the Specific Plan area, and as follows: (a) All development projects and construction permits shall be consistent with the requirements of the Del Rio Road Commercial Area Specific Plan document (adopted by ordinance) and the Del Rio Road Commercial Area Specific Plan City of Atascadero ®refinance No. 560 Page 4 of 5 Master Plan of Development which is an appendix to the Specific Plan and adopted by City Council resolution. (b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Del Rio Road Commercial Area Specific Plan. (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 Del Rio Road Commercial Area Specific Plan. (d) Building setbacks lot sizes, landscape area, and lot coverage shall be as identified within the approved Del Rio Road Commercial Area Specific Plan. (e) Modifications and changes to the project shall be processed consistent with the Del Rio Road Commercial Area Specific Plan requirements. (f) The Dei Rio Road Commercial Area Specific Plan document shall be adopted and amended by City Council Ordinance (g) The Specific Plan Master Plan of Development for the Del Rio Road Commercial Area Specific Plan shall be adopted and amended by City Council Resolution, 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. 560 Page 5 of 5 INTRODUCED at a regular meeting of the City Council held on June 26, 2012, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on July 10, 2012, by the following roll call vote: AYES: Council Members Clay, Fonzi, O'Malley, Sturtevant and Mayor.Kelley NOES: None ABSTAIN: None ABSENT: None CITY OF ATASCADERO Bob Kelley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., ity Clerk APPROVED AS TO F . Brian A. Pierik, City Attorney i i