HomeMy WebLinkAboutOrdinance 431 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. 431 adopted by the Atascadero City
Council at a regular meeting thereof held on October 28, 2003, and that it has been duly
published pursuant to State Law.
DATED: l 'I — c�3 664,1 owl
Marcia McClure Torgerson, C:M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 431
AN ORDINANCE THE ATASCADERO CITY COUNCIL AMENDING
THE ZONING CODE TEXT ZCH 2003-0083 TO CREATE PLANNED
DEVELOPMENT OVERLAY DISTRICT 20 FOR USE IN THE RMF-16
ZONING DISTRICT FOR PARCEL APN 045-358-10
(1200 La Costa Court/ Charnley)
WHEREAS, an application has been received from Andy Charnley (200 S. Main Street,
Templeton, CA 93465) Applicant and Property Owner to consider a project consisting of a zone
change from RMF-16 (Residential Multi-Family) to RMF/PD-20 (Residential Multi-Family with
Planned Development Overlay#20) on a 2.9-acre site located at 1200 La Costa Court (APN 045-
358-010); and
WHEREAS, the site's General Plan Designation is HDR (High-Density Residential);
and,
WHEREAS, the site's current zoning district is RMF-16 (Residential Multi-Family, 16
units/acre); and,
WHEREAS, General Plan HDR land use designation allows for the creation of multi-
family planned development projects with a maximum density of 16 units per acre and Zoning
Ordinance Article 28 allows Planned Development Overlay zones to be established to promote
orderly and harmonious development and to enhance the opportunity to best utilize special site
characteristics; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0024 were
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 Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its
citizens by applying orderly development and expanding housing opportunities within 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,
City of Atascadero
Ordinance No.431
Page 2 of 4
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on September 2, 2003, studied and considered Zone Change 2003-0064, after first studying
and considering the Draft Mitigated Negative Declaration prepared for the project, and,
WHEREAS, the Atascadero City Council, at a Public Hearing held on October 14, 2003,
studied and considered Zone Change 2003-0083, after first studying and considering the Draft
Mitigated Negative Declaration prepared for the project,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of a Zone Change Creating a PD-20 Planned
Development Overlay District. 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 Atascadero City Council, in a regular session assembled
on October 14, 2003 resolved to introduce for first reading an ordinance that would amend the
City Zoning ordinance with the following:
9-3.662 Establishment of Planned Development Overlay Zone No. 20: (PD20).
A Planned Development Overlay Zone No. 20 may be established in the RMF-16 multi-family
residential zones on parcels APN 045-358-10 with a combined gross acreage of 2.9 acres. The
maximum density within the planned development shall not exceed a gross density of 40 units on
the 2.9-acre project site. The following development standards shall be applied to the Planned
Development Zone No. 20:
(a) The Master Plan of Development (CUP 2002-0064) for the site shall be approved. 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) Each dwelling unit, 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.
City of Atascadero
Ordinance No.431
Page 3 of 4
(e) All mechanical equipment, including HVAC units and utility meters, shall be screened from
view from adjacent streets and properties.
(f) Parking for one resident vehicle shall be provided in a garage with minimum interior
dimensions of twelve (12) feet by twenty (20) feet. A minimum of one parking space of at
least nine (9) feet by twenty (20) feet shall be provided within the driveway area of each unit
and may be used to satisfy a portion of the guest parking requirement. Gross total project
parking shall be 2.8 spaces per unit. Driveway widths may be tapered to less than 18 feet to
accommodate street tree planting. A minimum of one guest parking space of at least nine (9)
feet by twenty (20) feet shall be provided on site for each unit. On-street parking shall not be
used to satisfy the parking requirements.
(g) All front yards, street facing side yards, project perimeter, parking and common areas shall
be landscaped.
(h) Individual trash collection shall be used for each residential unit. Provisions shall be made for
storage of trashcans within the garage or fenced area.
(i) All utilities, including electric, telephone and cable, along the frontage of and within the PD
shall be installed underground.
(j) Alterations or additions to established dwelling units shall be subject to the density standards
of the underlying zone and shall be reviewed pursuant to the City's Appearance Review
Guidelines.
SECTION 3.Effective Date.
This ordinance shall be effective at 12:01 a.m. on the 31" day after its final
passage.
City of Atascadero
Ordinance No.431
Page 4 of 4
INTRODUCED at a regular meeting of the City Council held on October 14, 2003, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California on
October 28, 2003, by the following roll call vote:
AYES: Council Members Luna, O'Malley, Pacas, Scalise and Mayor Clay
NOES: None
ABSTAIN: None
ABSENT: None
ADOPTED: October 28, 2003
CIT OF ATASCAD O
By: I el
Jerry lay, Sr., Mayo
ATTEST:
Marcia McClure Torgerson, C.M.0 City Clerk
APPROVED AS TO FORM:
tc, � "Ie�
Roy . Hanley, City Akorney