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HomeMy WebLinkAboutOrdinance 435 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. 435, adopted by the Atascadero City Council at a regular meeting thereof held on January 13, 2004, and that it has been duly published pursuant to State Law. DATED: Io - 7 Marcia McClure Torgerson, C.M.C. T41 City Clerk City of Atascadero, California ORDINANCE NO. 435 AN ORDINANCE OF ATASCADERO CITY COUNCIL APPROVING ZONE CHANGE 2003-0069 THEREBY AMENDING THE PD-9 ZONING CODE TEXT (805 El Camino Real / Gearhart) The City Council hereby finds and declares as follows: WHEREAS an application has been received from Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422, (Applicant & Owner), to consider a project consisting of a Planned Development overlay zone change of PD-9 with the adoption of a Master Plan of Development, and a 33-lot cluster residential tract map with 26 single family lots and a 60-unit senior housing complex, on a 72+/- acre lot located at 805 El Camino Real (APN 049-043-002); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0054 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 site's General Plan Designation is SFR-X (Single Family Residential 1/2 ac minimum), CREC (Commercial Recreation) and OS (Open Space); and, WHEREAS, the site's zoning district is RSF-X (Residential Single Family 1/2 ac minimum), LS (Special Recreation) and OS (Open Space) with a Planned Development 9 overlay; 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 October 21, 2003, studied and considered Zone Change 2003-0069, 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 December 9, 2003, studied and considered Zone Change 2003-0069, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Atascadero City Council takes the following actions: City of Atascadero Ordinance No.435 Page 2 of 3 SECTION 1. Findings for Approval of a Zone Code Text Amendment to the PD-9 Planned Development Overlay District. The Atascadero 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. 4. Proposed amendment offer certain redeeming features to compensate for the requested modification including the creation of additional affordable housing. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on December 9, 2003 resolved to introduce for first reading an ordinance that amends the PD-9 code text consistent with the following: 9-3.654 Establishment of Residential Planned Development Overlay Zone No. 9: (PD9)North of Union Pacific Railroad. Residential Planned Development Overlay Zone No. 9 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 approving a plot plan, precise plan, conditional use permit, tentative parcel map, or tract map. The Master Plan shall be applied for and processed in the manner prescribed for a conditional use permit (Section 9-2.109). (b) The proposed Master Plan of Development shall generally incorporate the mitigation measures as contained in the final supplemental environmental impact report (EIR), prepared by Site and Environmental Design, February 1992. Depending on the proposed project, the EIR may need to be modified or expanded to address unforeseen environmental impacts. (c) In approving a Master Plan of Development, the level of processing for subsequent projects or phases may be reduced to a plot plan provided that the Master Plan contains sufficient detail to support such a determination. (d) No subsequent plot plan, precise plan, conditional use permit, tentative parcel map or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. Any amendment to the Master Plan, including conditions thereof, shall be accomplished as set forth in subsection (a) of this section. (e) In approving a Master Plan of Development for the site, the conditionally allowed land uses are limited to the following: City of Atascadero Ordinance No.435 Page 3 of 3 (1) Single-family residential (2) Age restricted senior housing developments (3) Public parks (4) Open space (f) Single-family residential development shall be subject to the following standards: (1) Each proposed lot shall have a minimum net lot area of 0.30 acres. (2) Parking for two-resident vehicles shall be provided in a garage with minimum interior dimensions of twenty (20) feet by twenty (20) feet. One guest parking space of at least nine (9) feet by eighteen (18) feet shall be provided on each individual lot. The driveway area may be used to satisfy the guest parking requirement. On-street parking shall not be used to satisfy the parking requirements. 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. INTRODUCED at a regular meeting of the City Council held on December 9, 2003, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on January 13, 2004 by the following roll call vote: AYES: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna NOES: None ABSTAIN: None ABSENT: None ADOPTED: January 13, 2004 CITY 0 ATASCADE By: Dr. George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., C' Clerk APP VED AS NO FORM: /14a Roy I Panley, City Att rney