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HomeMy WebLinkAboutOrdinance 338 C ORDINANCE NO. 338 WAS AMENDED ON SEPTEMBER 8, 1998 ORDINANCE NO. 338 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION 9-3. 652 OF THE ATASCADERO MUNICIPAL CODE (ZONING ORDINANCE) BY MODIFYING ACCESS REQUIREMENTS FOR NONRESIDENTIAL USES ON PROPERTY AFFECTED BY PLANNED DEVELOPMENT OVERLAY ZONE NO. 8 (TRACT 2049, EAGLE CREEK PROJECT) (ZC 97012: Gearhart) WHEREAS, the proposed Zoning Ordinance amendment is consistent with the General Plan in effect at the time of application acceptance, as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on December 2, 1997 and has recommended approval of Zone Change 97012 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows : Section 1 . Council Findings . 1 . The proposal is consistent with General Plan goals and policies in effect at the time of application acceptance. 2 . The proposal is compatible with surrounding land uses and zoning requirements in effect at the time of application acceptance. 3 . The proposal will not have significant adverse environmental effects . The Negative Declaration prepared for Tract 2049 and adopted by the Council on April 9, 1991 has been considered and found adequate pursuant to the requirements of the California Environmental Quality Act (CEQA) . Ordinance No. 338 Page 2 4 . Modification of the development standard hereby being amended promotes safe, orderly and harmonious development and is therefore warranted. 5 . Modification of development standard hereby being amended will enhance the opportunity to best utilize the special characteristics of an area and will have a beneficial effect on the area. 6 . Benefits derived from the subject Zoning Ordinance amendment cannot be reasonably achieved through existing development standards . Section 2 . Zoning Ordinance . The Zoning Ordinance of the City of Atascadero, being Title 9 of the Atascadero Municipal Code (AMC) , is hereby amended to modify Subsection 9-3 . 652 (e) , as shown on the attached `Exhibit A. ' All other subsections within AMC Section 9-3 . 652, however, shall remain in effect . Section 3 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4 . Effective Date . This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion by Mayor Pro Tem Johnson and seconded by Council Member Clay, the foregoing Ordinance is approved by the following roll call vote: Ordinance No. 338 Page 3 AYES : Council Members Clay, Johnson and Mayor Carden NOES : Council Member Luna ABSENT: Council Member Lerno ADOPTED: August 25, 1998 CITY OF ATASCADERO r By: 4ro d L. C en, II M yor ATTEST: MARCIA M. TORGER ON, City Clerk APPROVED AS TO FORM: Ld �"' ROY vW1 HANLE , Ci y Attorney EXHIBIT A, PAGE 1 OF 2 ORDINANCE NO. 338 9-3 . 652 . Establishment of Planned Development Overlay Zone No. 8 (PD8) . Planned Development Overlay Zone No. 8 is established as shown on the Official Zoning Maps (Section 9-1 . 102) . The following development standards are established: (a) A Master Plan of Development shall be approved prior to any development of the site. Said Master Plan shall be processed in the same manner as a Conditional Use Permit except that that Master Plan may be submitted and processed in the same manner set forth for the processing of a tentative map. (b) In approving a Master Plan of Development for the site, the uses allowed shall be limited to: 1 . Single Family Dwellings 2 . Residential Accessory Uses (See Section 9- 6 . 106) 3 . Crop Production and Grazing 4 . Farm Animal Raising (See Section 9-6 . 111) 5 . Home Occupation (See Section 9-6 . 105) 6 . Temporary Dwelling (See Section 9-6 . 176) 7 . Agricultural Accessory Uses (See Section 9- 6 . 109) 8 . Outdoor recreation services, limited to a golf course and/or Tennis and Swim Club (See Section 9-6 . 123) 9 . Pipelines (c) No uses shall be established, or expanded, unless approved pursuant to a Master Plan, following a public hearing. EXHIBIT A, PAGE 2 OF 2 ORDINANCE NO. 338 (d) The grove of Oak Trees located on the slope between the top of the knoll and the intersection of Santa Barbara and Atascadero Roads shall be preserved. In approving a Master Plan, or Tentative Map, efforts shall be made to place this extreme western portion of the property into open space easement, or otherwise ensure its preservation. (e) Any substantial expansion of recreational uses beyond a nine-hole golf course shall require preparation of a traffic study. The result of that traffic study and recommendation shall appear on the consent Calendar of the City Council . (f) Residential uses shall be subject to Appearance Review. CERTIFICATION 1, Marcia M. Torgerson, City Clerk of the City of Atascadera, hereby certify that the foregoing is the true and correct original of Ordinance leo. 338 adopted by the Atascadero City Council at a regular meeting thereof held on February 10, 1998 and that it has been duly published pursuant to State Law. DATED. q Marcia M.Torgersou City Clerk City of Atascadero, California. ORDINANCE NO. 338 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION 9-3.652 OF THE ATASCADERO MUNICIPAL CODE (ZONING ORDINANCE) BY MODIFYING ACCESS REQUIREMENTS FOR NONRESIDENTIAL USES ON PROPERTY AFFECTED BY PLANNED DEVELOPMENT OVERLAY ZONE NO. 8 (TRACT 2049, EAGLE CREEK PROJECT) (ZC 97012: Gearhart) WHEREAS, the proposed Zoning Ordinance amendment is consistent with the General Plan in effect at the time of application acceptance, as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on December 2, 1997 and has recommended approval of Zone Change 97012 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows : Section 1. Council Findings. 1 . The proposal is consistent with General Plan goals and policies in effect at the time of application acceptance. 2 . The proposal is compatible with surrounding land uses and zoning requirements in effect at the time of application acceptance. 3 . The proposal will not have significant adverse environmental effects . The Negative Declaration prepared for Tract 2049 and adopted by the Council on April 9, 1991 has been considered and found adequate pursuant to the requirements of the California Environmental Quality Act (CEQA) . Ordinance No. 338 Page 2 4 . Modification of the development standard hereby being amended promotes safe, orderly and harmonious development and is therefore warranted. 5 . Modification of development standard hereby being amended will enhance the opportunity to best utilize the special characteristics of an area and will have a beneficial effect on the area. 6. Benefits derived from the subject Zoning Ordinance amendment cannot be reasonably achieved through existing development standards . Section 2 . Zoning Ordinance. The Zoning Ordinance of the City of Atascadero, being Title 9 of the Atascadero Municipal Code (AMC) , is hereby amended to modify Subsection 9-3. 652 (e) , as shown on the attached `Exhibit A. ' All other subsections within AMC Section 9-3. 652, however, shall remain in effect. Section 3 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4 . Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion by Council Member Luna and seconded by Council Member Johnson, the foregoing Ordinance is approved by the following roll call vote: Ordinance No. 338 Page 3 AYES: Council Member Clay, Johnson, Luna and Mayor Carden NOES: None ABSENT: Council Member Lerno abstained ADOPTED: February 10, 1998 CITY OF ATASCADERO By- Harold L. Carden, III, Mayor ATTEST: n4 . Z� MARCIA M. TORGERSON, C ' y Clerk APPROVED AS TO FORM: ROY . HANLE , Ci Attorney PREPARED BY: ZA ��v STEVEN L. DECAMP, Acting Director Community Development Department EXHIBIT A, PAGE 1 OF 2 ORDINANCE NO. 338 9-3 . 652 . Establishment of Planned Development Overlay Zone No. 8 (PD8) . Planned Development Overlay Zone No. 8 is established as shown on the Official Zoning Maps (Section 9-1 . 102) . The following development standards are established: (a) A Master Plan of Development shall be approved prior to any development of the site . Said Master Plan shall be processed in the same manner as a Conditional Use Permit except that that Master Plan may be submitted and processed in the same manner set forth for the processing of a tentative map. (b) In approving a Master Plan of Development for the site, the uses allowed shall be limited to: 1 . Single Family Dwellings 2 . Residential Accessory Uses (See Section 9- 6. 106) 3 . Crop Production and Grazing 4 . Farm Animal Raising (See Section 9-6. 111) 5 . Home Occupation (See Section 9-6. 105) 6. Temporary Dwelling (See Section 9-6. 176) 7 . Agricultural Accessory Uses (See Section 9- 6 . 109) 8 . Outdoor recreation services, limited to a golf course and/or Tennis and Swim Club (See Section 9-6. 123) 9 . Pipelines (c) No uses shall be established, or expanded, unless approved pursuant to a Master Plan, following a public hearing. EXHIBIT A, PAGE 2 OF 2 ORDINANCE NO. 338 (d) The grove of Oak Trees located on the slope between the top of the knoll and the intersection of Santa Barbara and Atascadero Roads shall be preserved. In approving a Master Plan, or Tentative Map, efforts shall be made to place this extreme western portion of the property into open space easement, or otherwise ensure its preservation. (e) Access to the golf course and related uses from Atascadero Road has been approved. Any substantial expansion of recreational uses beyond the approved nine-hole golf course and driving range (i.e . , tennis, swimming, etc. ) shall require preparation of" a traffic study. If the traffic study reveals such an expansion could have significant impacts related to traffic, such expansion shall be approved by the City Council upon recommendation of the Planning Commission. (f) Residential uses shall be subject to Appearance Review.