HomeMy WebLinkAboutOrdinance 412 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. 412, adopted by the
Atascadero City Council at a regular meeting thereof held on March 11, 2003, and that it has been
duly published pursuant to State Law.
DATED:
Marcia McClure Torgerson,C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 412
AN ORDINANCE OF THE CITY OF ATASCADERO APPROVING ZONE
CHANGE 2003-0039 TO AMEND THE ZONING ORDINANCE TO
ALLOW RESIDENTIAL SECOND UNITS IN THE RSF-Y ZONING
DISTRICT SUBJECT TO PERFORMANCE STANDARDS
(ZCH 2003-0039: Second Units)
WHEREAS, the City of Atascadero's 2025 General Plan has prioritized the provision of
affordable housing; and,
WHEREAS,the State of California has identified residential second units as an
important means to providing affordable housing in single-family neighborhoods; and,
WHEREAS,the General Plan contains Program HOS 3.1.2. that calls for the adoption of
an ordinance allowing second units in the RSF-Y zoning district subject to performance
standards; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on February 4, 2003 considered a recommendation to the City Council, and,
WHEREAS,the Planning Commission has determined that it is in the best interest of the
City to update the Zoning Ordinance to allow residential second unit to ensure the orderly
provision of affordable housing throughout the community; 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 Atascadero City Council, at a duly noticed Public Hearing held on
February 25, 2003 considered the project and the Planning Commission's recommendation;
NOW, THEREFORE, the City Council takes the following actions:
SECTION 1. FINDINGS OF CONSISTENCY WITH 2002 GENERAL PLAN EIR
1. The proposed project has been analyzed adequately in the 2002 General Plan EIR
pursuant to applicable standards and impacts have been avoided or mitigated pursuant
to the that EIR.
City of Atascadero
Ordinance No. 412
Page 2 of 6
SECTION 2. FINDINGS FOR APPROVAL OF ZONE TEXT CHANGE.
1. The zone change is consistent with General Plan policies and all other applicable
ordinances and policies of the City.
2. Amendment of the zoning ordinance will provide for the orderly development of
affordable housing throughout the community.
3. The zone change will not, in itself, result in significant environmental impacts.
SECTION 3. APPROVAL.
The Atascadero City Council, in a regular session assembled on February 25, 2003 resolved to
adopt on second reading by title only an ordinance that would amend the Zoning Ordinance as
follows:
9-3.153 Conditional uses.
The following uses may be allowed in the Residential Single Family Zone. The establishment of
conditional uses shall be as provided by Section 9-2.109:
(a) Churches and related activities (see Section 9-6.121);
(b) Schools (see Section 9-6.125);
(c) Mobilehome developments (see Section 9-6.143);
(d) Skilled nursing facility, where the number of residents under care is greater than six (see
Section 9-6.134);
(e) Residential care, where the number of residents under care is greater than six (see Section 9-
6.135);
(f) Organizational houses;
(g) Pipeline;
(h) Bed and breakfast;
(i) Caretaker residence (see Section 9-6.104);
0) The following uses where established in a residential structure of historical importance are
satisfied:
(1) Broadcasting studios,
(2) Business support services,
(3) Libraries and museums,
(4) Offices,
(5) Personal services,
(6) School-business and vocational;
(k) Kennels (see Section 9-6.111). (Ord. 68 § 9-3.153, 1983)
(1) Residential Second Units (RSF-Y only) (see Section 9.6106)
City of Atascadero
Ordinance No. 412
Page 3 of 6
9-3.154 Minimum lot size.
The minimum lot size in the Residential Single Family Zone shall one-half(1/2) acre and may
range up to two and one-half(21/2) 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('/z)acre net area(excluding land
needed for street rights-of-way whether
'publicly or privately owned).
Y One(1)acre net area(excluding land needed
for street rights-of-way whether publicly or
privately owned).
Z One and one-half(11/z)to two and one-half
(21/2)acres 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
F0_--46_0_U10.08
a
4000' 6000 0.10
6000' 8000 012
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:
(SCSRatingl Lot Size Factor
Well suited 0 30
I.Moderate or slow 0.50
.
S�ev�e`re 0.70
...
1. Refer to map maintained in Community Development Department.
City of Atascadero
Ordinance No.412
Page 4 of 6
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
I shall be used to determine the appropriate lot size factor:
Percolation Rating Minutes Per Inch
..
1 ... ...... ' ..
Well suited ;Fess than 20
Moderate 20 to 39
Slow40 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
. _—__ ................
g�
Iv ...,,20%__..,,._. 0.30
21 --_30% F0.50
3l'i 0.70.
(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% F0.20
�alleather surface withslope of less than%
all-weather surface with slope of greater 0 30
than 15%
..... ... ..... ..... ...................
unimproved surface 0 40 m
(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 (25)
percent of the total number of lots) within a one thousand (1000) foot radius, the minimum lot
size factor based on this performance standard shall be determined by multiplying the average lot
size by 0.2.
City of Atascadero
Ordinance No.412
Page 6 of 6
maintenance or mechanical work on vehicles owned or operated by the occupants; for an
approved home occupation; or for other similar purposes.
(2) Floor Area. A workshop is not to occupy an area greater than fifty (50) percent of the floor
area of the principal structure. (Ord. 68 § 9-6.106, 1983)
SECTION 4. 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 O'Malley and seconded by Council Member Luna, the foregoing
Ordinance is hereby adopted following roll call vote:
AYES: Council Members Luna, O'Malley, Scalise and Mayor Clay
NOES: None
ABSTAIN: Council Member Pacas
ABSENT: None
ADOPTED: March 11, 2003
B ,
Jerry L. ay, Sr., Mayor
Attest:
Marcia McClure Torgerson, City Jerk
Approved as to form:
l
Roy A anley, City Attorn