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HomeMy WebLinkAboutOrdinance 387 CERTIFICATION I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct original of Ordinance No. 387 adopted by the Atascadero City Council at a regular meeting thereof held on November 13, 2001, and that it has been duly published pursuant to State Law. DATED: Z�� J y CCS 1JV\ Marcia McClure Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 387 AN ORDINANCE OF THE CITY COUNCIL OF ATASCADERO AUTHORIZING ZONE CHANGE 2001-0016 THEREBY AMENDING THE CITY'S ZONING ORDINANCE (CHAPTER 9, ATASCADERO MUNICPAL CODE) TO INCLUDE PLANNED DEVELOPMENT 16 OVERLAY DISTRICT (PD 16) (5725 Portola Road /APN 054-022-033 /Mike Messer) WHEREAS, an application has been received from Mike Messer (PO Box 1661, Atascadero, CA 93423) Applicant and Property Owner, to consider a project consisting of an amendment to the City's Zoning Text to create a new Planned Development Overlay District (PD 16), a zone change from RSF-Z (Residential Single Family—minimum lot size 1 1/2 to 2 1/2 acres) to RSF-Z / PD-16 (Residential Single Family — minimum lot size 1 %2 to 2 1/2 acres with Planned Development Overlay 16), the adoption of a Master Plan of Development, and a two-lot residential Tentative Parcel Map on APN 054-022-033; and, WHEREAS, the site's General Plan Designation is LDSF (Low Density Single-Family; and, WHEREAS, the site's current zoning district is RSF-Z (Residential Single Family; with a minimum lot size of 1 '/2 to 2 %2 acres); and, WHEREAS,the City Council has determined that it is in the best interest of the City to enact this amendment to Chapter 9-3.660 of the Atascadero Municipal Code to protect the health, safety and welfare of its citizens by applying orderly development of 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 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 amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a public hearing held on September 4, 2001, studied and considered Zone Change 2001-0016 after first studying and considering the Draft Negative Declaration prepared for the project; and, WHEREAS, the Atascadero City Council, at a duly noticed public hearing held on Tuesday, October 23, 2001, considered Zone Change 2001-0016, after first studying and considering the Proposed Negative Declaration prepared for the project. NOW, THEREFORE,the City Council does hereby ordain as follows: SECTION 1. Findings for Approval of a Zone Change Creating a PD-16 Planned Development Overlay District. The City Council finds as follows: a) Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. City of Atascadero Ordinance No.387 Page 2 b) 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. c) Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. d) Proposed plans offer certain redeeming features to compensate for the requested modification. SECTION 3. Approval. The City Council of the City of Atascadero, in a regular session assembled on October 23, 2001 resolved to introduce for first reading an ordinance that would add a new code section to Chapter 9-3.660 of the Atascadero Municipal Code as follows: a) Exhibit A: Proposed Zoning Text SECTION 3. Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31s' day after its final passage. On motion by Council Member Johnson and seconded by Council Member Scalise, the foregoing Resolution is hereby adopted following roll call vote: AYES: Council Members Clay, Johnson, Scalise and Mayor Arrambide NOES: Council Member Luna ABSTAIN: None ABSENT: None ADOPTED: November 13, 2001 By: Michael Arrambide, Mayor Attest: Marcia McClure Torgerson, City Cl Approved as to form: '446, 7/ajj,4/ Roy anley, City torney City of Atascadero Ordinance No.387 Page 3 Exhibit A: Proposed Zoning Text ZCH 2001-0016 Proposed Planned Development 16 Overlay District: Code Text Amendment Chapter 9- 3.660 Atascadero Municipal Code (a) Purpose. The purpose of the district is to allow the creative clustering of residential parcels to preserve sensitive environmental features and provide open space by allowing lot sizes smaller than the underlying zone's minimum lot size requirements in the RS, RSF, LSF Zoning Districts. (b) Development Standards: (1) The maximum density shall not exceed that allowed by the underlying zoning district and General Plan designation. Individual lot sizes may be smaller provided the overall project density conforms to the specified maximum density. (i) Minimum individual lot sizes shall be at least one acre (gross) for parcels served by on-site septic systems and 0.5 acre (net) for lots served by the City's sewer system. (2) Lots shall utilize common access when feasible. (3) Open space easements shall be provided for each project. All open space easements shall be designated as non-build, non-storage areas on the Final Parcel / Tract Maps. (Septic systems are allowed to be located within the open space easements. (4) All building sites within the Planned Development shall be located on slopes under 20 percent. (5) Development on each parcel shall be designed to avoid native tree impacts, preserve the contours of the hills, protect prominent view sheds, maintain wildlife corridors and minimize impacts to significant drainage areas and blue-line creeks. (6) A Master Plan of Development shall be approved in conjunction with any Tentative Tract / Parcel Map application. All subdivision improvements and subsequent development shall be consistent with the Master Plan of Development. The Master Plan of Development shall contain the following: (i) A site plan indicating land use, open space, circulation, lot sizes, slopes, native trees, building sites and common landscape features; (ii)A statistical summary of the project's land uses and densities; (iii) A statement of project features that will provide a public benefit; (iv) Any special development standards that will be required of future development; (v) Individual building plans and elevations are not required. (7) The entire planned development density shall be used to calculate general neighborhood character of future subdivisions in the vicinity.