HomeMy WebLinkAboutOrdinance 480 CERTIFICATION
I, Marcia McClure T'orgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 480, adopted by the
Atascadero City Council at a regular meeting thereof held on September 13, 2005, and that it has
been duly published pursuant to State Law.
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DATED: ..�
Marcia McClure To.rgerson9 C.M.C.
City Clerk
City of Atascadero,California
ORDINANCE NO. 480
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE
ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE
2005-0099 TO ESTABLISH A PLANNED DEVELOPMENT OVERLAY #26
(1155 El Camino Real/ Wehn Group LLC)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Wehn Group LLC (934 Sycamore
Canyon, Paso Robles, CA 93446) Applicant and Property Owner, to consider a project consisting
of a Zone Change from RMF-16 (Residential Multi-family-16) to RMF-16/PD26 (Residential
Multi-Family-16 with a Planned Development Overlay 26) with corresponding Master Plan of
Development and Vesting Tentative Tract Map on a 5.47-acre site located at 1155 El Camino
Real,(APN 049-042018); 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 2005-0028 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 July 19, 2005 studied and considered Zone Change 2005-0099, after first studying and
considering the Draft Mitigated Negative Declaration prepared for the project, and,
City of Atascadero
Ordinance No. 480
Page 2 of 4
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on August 9, 2005, studied and considered Zone Change 2005-0099, 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-26 Planned
Development Overlay District. The Ci8ty 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 August 9, 2005 resolved to approve on second reading, by title only, an
ordinance that would amend the City Zoning code text with the following:
9-3.671 Establishment of Planned Development Overlay Zone #26
This Planned Development Overlay Zone on APN 049-042-018 in the Residential Multi-family
zone. The maximum residential density within the planned development shall not exceed the
density allowed by the underlying zoning district and provisions of the Atascadero Municipal
Code. The following development standards shall be met by the entitled project within the PD-26
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) 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. Buffer landscaping along the eastern property line shall be maintained by the
individual property owners in perpetuity.
e) Each unit shall include the following:
City of Atascadero
Ordinance No. 480
Page 3 of 4
■ 300 cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not
count toward this requirement).
■ Dedicated space for laundry facilities with hookups.
f) All utilities, including electric,telephone, and cable, within the PD and along the project
frontages shall be installed and/or relocated underground.
g) Engineered drainage detention basins shall be located within a common or designated
area. All basins shall be landscaped, shall be no deeper than 2 feet, and shall be unfenced.
Upon approval of the city engineer, retaining walls may be allowed in the drainage basin
area.
h) 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.
i) All mechanical equipment, including HVAC units and utility meters, shall be screened from
view from adjacent streets and properties.
j) Trash shall be stored in individual garages.
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.
City of Atascadero
Ordinance No.480
Page 4 of 4
INTRODUCED at a regular meeting of the City Council held on August 9, 2005, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on September
13, 2005, by the following roll call vote:
AYES: Council Members Clay, O'Malley, Pacas and Mayor Scalise
NOES: None
ABSTAIN: Council Member Luna
ABSENT: None
CITY OF ATA
By;
dy Scals , Mayor
ATTEST:
7h
Marcia McClure Torgerson, C.M.C., C' Clerk
APPRQV,ED AS TO FORM:
atr k L. ` ght, City Attorney