HomeMy WebLinkAboutOrdinance 483 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. 483, adopted by the
Atascadero City Council at a regular meeting thereof held on September 27, 2005, 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. 483
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE
ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE
2005-0100 TO ESTABLISH LANDSCAPE REQUIREMENTS
(Citywide/City of Atascadero)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from the City of Atascadero (6905 El
Camino Real, Suite 6), to consider Zone Change Text Amendments to establish landscape
requirements; and,
WHEREAS, an Initial Study and Draft Negative Declaration 2005-0043 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 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 2005-0100, after first studying and
considering the Draft Negative Declaration prepared for the project, and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on September 13,2005, studied and considered Zone Change 2005-0100, after first studying
and considering the Proposed 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. The City Council finds
as follows:
1. The zone change is consistent with General Plan policies and all other applicable
ordinances and policies of the City.
City of Atascadero
Ordinance No.483
Page 2 of 4
2. Amendment of the zoning ordinance will provide for the orderly and efficient use of
lands where such development standards are applicable.
3. The zone change will not, in itself, result in significant environmental impacts.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on September 27, 2005 resolved to introduce for first reading by title only, an
ordinance that would amend the City Zoning code text with the following:
9-4.12 . Landscape Standards.
The sites of all projects requiring approval, except for single-family dwellings, are to be
landscaped as follows:
(a) Minimum:Landscaped Area.
(01n the following zoning districts minimum landsca e coverage based on the net site area are
as follows:
(i) Single-family zoning districts: none (see Chapter 5 for second unit landscaping requirements)
(ii)Multi-family zoning districts: Twenty—five percent (25%)
(iii) Commercial zoning districts (excluding Downtown Commercial): Ten percent (10%)
(iv) :Industrial zoning districts: Five percent (5%)
(v) Planned Development overlay zoning districts: As required by the Master Plan of
Development and Conditions of Approval.
(2) .Determination of Landscape Coverage Area. Landscape coverage area shall include all areas
not covered by pavement or buildings including, but not limited to, open-space areas, planters,
and setback areas. Decorative pavement used within a common open-space area for recreational
purposes may be included in the landscape coverage calculation.
(3) Criteria for Reduced Landscaping. To encourage design excellence, the Community
Development Director, Planning Commission, or City Council (depending on approval process)
may decrease the minimum landscaped area, upon the following criteria:
(i) Professionally designed landscaping designs of special merit, decorative site elements, and
preserving existing mature native trees are highly encouraged and considered in an applicant's
request to reduce required landscaping_
(ii) The Community Development Director, Planning Commission, or City Council (depending
on approval process) may grant a reduction of an applicant's landscape requirement by a total of
up to fifty percent upon an applicant's demonstration of the criteria listed below:
(A) Retention of existing on-site native trees with a minimum of 25% canopy cover retained over
the project site.
(B) Use of decorative pavement material such as pavers or colored stamped concrete over a
minimum of 25% of the paved area of the site.
(C) Installation of a variety of tree and plant materials including; ornamental species and native
trees.
(D)Use of box sized trees throughout the project site.
City of Atascadero
Ordinance No.483
Page 3 of 4
(ab) Where Required. The sites of all projects requiring approval, except for single-family
dwellings, are to be landscaped as follows:bandseaping is
10eati s:
(1) Setbacks. All setback areas required by Section 9.4.103 or Chapter 9-6. except where
enclosed and screened from the view of public streets and adjoining properties by solid fencing
in accordance with Section 9-4.128 and except where a required setback is traversed by a
driveway or sidewalk.
(2)Unused Areas. All areas of a building site not identified on a site
plan, of eoflditionalintended for a specific use or purpose, except
where enclosed and blocked from the view of public streets by solid fencing and/or buildings.
(3)Parking Areas. As required by subsections (f) and (g) of Section 9-4.119.
(4)Trash Enclosures. Al] trash enclosures shall be screened with landscaping unless built into
the building.
(5) Street Trees. Street trees shall be provided along all public and private street frontages at a
minimum of 30-feet on center.
(46) Special Use Sites. As required by Chapter 9-6 for specific land uses, for the purposes of
screening, buffering or general landscaping.
X47)Where Required by Conditions of Approval. As set forth in conditions of approval adopted
pursuant to Section 9-2.109(c)(2).
(88)A minimum 5-foot landscape strip must be provided within the side yard setback of all
commercial and multi-family project sites except in locations where a reciprocal access easement
exists with the adjacent lot or commercial building is located. This side yard width may be
reduced to 3-feet if decorative concrete pavement is utilized.
{hc)Exceptions to required landscapip n .
(1)Agriculture Zone. Except where required for a special use by Chapter 9-6, setback and
unused area landscaping in accordance with subdivisions (1) and (2) of subsection (a) of this
section is not required where such areas are cultivated or maintained in native vegetation.
(2)Planning Commission Modification. Where conditional use permit approval is required, the
Planning Commission may waive, modify or increase the landscaping requirements of this
section . .
(i)if a finding can be made that E���xisti.ng vegetation topography or structural
arrangement preclude the need for landscaping.
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.483
Page 4 of 4
INTRODUCED at a regular meeting of the City Council held on September 13, 2005, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
September 27, 2005, by the following roll call vote:
AYES: Council Members Clay, O'Malley, Pacas and Mayor Scalise
NOES: Council Member Luna
ABSTAIN: None
ABSENT: None
CITYOF ATASCA RO
By.
Wendy calise, ayor
ATTEST:
n1&)1 �
Marcia McClure Torgerson, C.M.C., Uity Clerk
APPR D AS TO FQM:
f
atrick n ' ity Attorney