HomeMy WebLinkAboutOrdinance 469 CERTMCATION
4 Martie McClare Torgersun, QMC., City Clerk of the City of Atesoadvo, FenLy
certify that the fneping is a true and wmwt copy of Osdimnw No. 469, adopted by dm
Amscadero City Council m a regular meeting tlimofheld on Matcli 8, 2W5, and d it has been
duly publislvA pursuant to State Iaw.
Msrcu MCClore To:r gnsoq C.M.C.
City ofA
City of Ataaedero, California
ORDINANCE NO. 469
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE
ATASCADERO MUNICIPAL CODE BY APPROVING ZONE
CHANGE 2004-0086 TO ESTABLISH PLANNED DEVELOPMENT
OVERLAY DISTRICT #25
(Atascadero Ave/ Caliber Home Developments)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Caliber Home Developments
(317 Ocean View Ave, Pismo Beach, Ca 93449) Applicant and Property Owner, to
consider a project consisting of a Zone Change from RMF-16 (Residential Multi-family -
16) to RMF-16/PD-25 (Residential Multi-Family-16 with Planned Development Overlay
#25) with corresponding Master Plan of Development and Vesting Tentative Tract Map
on a 0.85-acre site located at 6709, 6725, 6735 Atascadero Ave (APN 030-281-014, 015,
016); and,
WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation
of Planned Development Overlay Zones 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 2004-
0050 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 Code Text 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
Text 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
text amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public
Hearing held on January 18, 2005, studied and considered Zone Change 2004-0086, after
first studying and considering the Draft Mitigated Negative Declaration prepared for the
project, and,
City of Atascadero
Ordinance No.469
Page 2 of 5
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public
Hearing held on February 22, 2005, studied and considered Zone Change 2004-0086,
after first studying and considering the Proposed Mitigated Negative Declaration
prepared for the project; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.Findings for Approval of a Zone Text Change Creating a PD-25
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 City Council of the City of Atascadero, in a regular
session assembled on March 8, 2005 resolved to approve on second reading, by title only,
an ordinance that would amend the City Zoning code text with the following:
9-3.670 Establishment of Planned Development Overlay Zone No. 25:
(PD25).
Planned Development Overlay Zone No. 25 may be established in Residential Multi-
family zones. The maximum residential density within the planned development shall not
exceed the densities allowed by the underlying zoning district and provisions of the
Atascadero Municipal Code. The following development standards shall be met by all
projects within the PD25 overlay zone:
a) All site development shall require the approval of a Master Plan of Development.
All construction and development shall conform to the approved Master Plan of
Development, as conditioned.
b) The Tentative Tract Map and any subsequent amendments for the site shall be
consistent with an approved Master Plan of Development. All construction and
development shall conform to the approved Master Plan of Development, as
conditioned.
c) No subsequent tentative parcel or tract map shall be approved unless found to
be consistent with the approved Master Plan of Development.
d) All proposed projects shall be no fewer than 4 residential units and no greater
than 12 residential units.
e) A parent lot or lots shall have frontage on a public street.
f) Access off of the public street shall be designed as a parking court if the distance
from the back of sidewalk to the terminus of the court is less than 150 feet and
shall include the following elements:
City of Atascadero
Ordinance No.469
Page 3 of 5
L 16 feet paved width minimum (decorative concrete or pavers)with 2
foot shoulders of decorative paving (subject to Fire Department
approval).
ii. Decorative paving continuous throughout the parking court.
iii. Address marker at the entrance to the court.
Multiple parking courts can be joined providing that each court meets the above
standards and that only one court per street access be established.
g) Appearance of each dwelling unit, site landscaping, site development, and
amenities shall be consistent with the Atascadero Appearance Review Manual.
All landscaping shown on the approved landscape plan will be installed by the
developer and shall be maintained as approved.
h) Building setbacks shall be as follows:
Setback from public street frontage: 12 feet from right-of-way/back of
sidewalk
(whichever is greater) when
minimum 6 foot landscape
parkway provided.
18 feet from right-of-way/back of
sidewalk
(whichever is greater)when no
parkway is provided.
Porches can encroach up to 3 feet
into the required setback.
Setback from parking courtlinterior street: 8 feet to porch
10 feet to front of residence
10 feet minimum to garage (if one
car garage proposed, the second
parking space must be located in
the driveway with a minimum
length of 20 feet)
5 feet to side of residence
Setback between buildings: 10 feet minimum (unless
attached)
Rear yard setback: 12 feet minimum
i) Porches shall be provided for each unit. Porches shall be a minimum of 6 feet
deep and a functional width.
j) Residential units adjacent to a public street shall be oriented to the public street.
k) A landscaped yard and/or an open space amenity feature shall be located at the
terminus of the parking court/street.No garages or vehicle parking are permitted
at the court/street terminus.
1) 300 square feet of private open space shall be provided for each unit with a
minimum dimension of 12 feet.
m) Each unit shall include the following:
L 300 cubic feet of shelved storage area. (Bedroom and entry/coat closets
shall not count toward this requirement).
City of Atascadero
Ordinance No.469
Page 4 of 5
ii. Dedicated space for laundry facilities with hookups.
n) All utilities, including electric,telephone, and cable, within the PD and along the
project frontages shall be installed and/or relocated underground.
o) Engineered drainage detention basins shall be located within a common area.
Multiple basins on individual lots shall not be permitted.All basins shall be
landscaped, shall be no deeper than 2 feet, and shall be unfenced. No retaining
walls or fencing shall be permitted within the basin area.
p) Exterior walls or fencing shall be consistent throughout the project. Design and
appearance of fences and/or walls shall be compatible with the design of the
dwelling units. Fence posts shall be metal or pressure treated wood. Wood
preservative/sealer shall be applied to fence panels.
q) All mechanical equipment, including HVAC units and utility meters, shall be
screened from view from adjacent streets and properties.
r) Trash shall be stored in individual garages or behind fenced areas on individual
lots. Dedicated trash storage area shall be a minimum of 3'x 6' paved area.
s) A minimum of one common decorative light shall be provided at the end of the
parking court.
t) Lot coverage shall not exceed 40%of the net lot area.
u) A one-car garage (minimum 11' x 20') shall be required for attached residential
units. A two-car garage (minimum 20' x 20) shall be required for detached
residential units.
v) The total number of parking spaces shall be provided as follows:
i. 2 spaces per unit for units with less than 4 bedrooms. One additional
space for each additional bedroom. All spaces must be located on the
individual lot.
H. Guest parking provided at a ratio of 1 space per every 3 units.*
*Guest parking may not be located adjacent to the public street frontage.
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.
SECTION 4. Effective Date. This ordinance shall be effective at 12:01 a.m. on
the 31S`day after its passage.
City of Atascadero
Ordinance No.469
Page 5 of 5
INTRODUCED at a regular meeting of the City Council held on February 22, 2005, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of
California, on March 8, 2005,by the following roll call vote:
AYES: Council Members Clay, Luna, O'Malley and Mayor Scalise
NOES: None
ABSTAIN: None
ABSENT: Council Member Pacas
CITY OF ATASC RO
By:
e y Scali s , ayor
ATTEST: W
Marcia McClure Torgerson, C.M.C., COY Clerk
APPROED AS TO FORM:
v
Patric ; . E t, City Attorney