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HomeMy WebLinkAboutOrdinance 249 CERTIFICATION I, LEE RABOIN, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 249 adopted by the Atascadero City Council at a regular meeting thereof held on December 8, 1992 and that it has been duly published pursuant to State Law. �2 f DATED: `� LTJ 40 LEE AA IN City Clerk City of Atascadero, California ORDINANCE NO. 249 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 4 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY AT 905 EL CAMINO REAL FROM CT, RS (FH) , AND L (FH) (COMMERCIAL TOURIST, RESIDENTIAL SUBURBAN, RECREATION, FLOOD HAZARD OVERLAYS) TO CPR AND L (PD9) (FH) (COMMERCIAL PARR AND RECREATION, PLANNED DEVELOPMENT OVERLAY NO. 9 AND FLOOD HAZARD OVERLAY) (ZC 02-91: Daven. Investments-) - WHEREAS, the proposed zoning map amendments are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendments are in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendments will not have a significant adverse impact upon the environment. The Environmental Impact Report prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held public hearings on April 21, 1992, and May 19, 1992, and November 3, 1992 and has recommended approval of Zone Change 02-91. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is compatible with the surrounding land use and zoning. 2. The proposal is consistent with the General Plan land use element. 3. The proposal will not result in any significant adverse environmental impacts. mitigation measures have been incorporated into the project, which avoid or substantially lessen most of the significant environmental effects as identified in the Final EIR. A Statement of Overriding Considerationsiswarranted because the unavoidable adverse impactsonair quality and water supply are outweighed by the economic and social benefits_ of the project. 4. Modification of development standards or processing requirements is warranted to promote orderly and harmonius development. Page 2 Ordinance No. 249 5. 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. 6. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements 7. The proposed plans offer certain redeeming, features to compensate for requested modifications. Section 2. Zoning Map. Map number 4 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify the parcels listed below and as shown on the attached Exhibit A which is hereby made a part of this ordinance by reference. Assessor's Parcel Number 049-043-001 Section 3. Zoning Ordinance Text. Development of said parcels shall be in accordance with the standards of the Planned Development Overlay No. 9, as established in Exhibit B and hereby made a part of this ordinance by reference Section 4. Publication. The City Clerk shall. cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting- to be entered into the Book of Ordinances of the City. Section 5. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. Ordinance No. 249 Page Three On motion by Councilperson Bewley and seconded by Councilperson Kudlac, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Councilmembers Bewley, Kudlac and Mayor Nimmo NOES: Councilmembers Borgeson and Luna ABSENT: None ADOPTED: December 8, 1992 ATTEST: CITY OF ATASCADERO B • LE RABO -W olty Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ARTH1729RO"FA. MON ANDON, ity Attorney APPROVED AS TO CONTENT: t3Y HENRY ENGEN, Community Yevelopment Director ORDINANCE NO. 249 �' ( EXHIBIT A Page 1 of 1 i (RS, L, and CT) TO "L and -CPK (PD9) " n r, .r rr YF r }1 /r i r KEG.. New Zone "ABC' Old Zone=(XYZ) All Overlay Zones to remain unchanged EXHIBIT B ORDINANCE NO. 249 Page 1 9-3.653. Establishment of Commercial Park Planned Development Overlay Zone No.9 (PD9) . Commercial Park 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 a 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: 1. Automobile, mobilehome, and vehicle dealers and suppliers (see Section 9-6.163) 2. Accessory Storage (see Section 9-6. 103) 3. Building materials and hardware (Section 9-6.165) 4. Business support services 5. Contract construction services ORDINANCE NO. 249 EXHIBIT "B" Page 2 6. Electronic and scientific instruments 7. Farm equipment and supplies 8. Furniture and fixtures 9. Horticultural specialties (see Section 9-6. 116) 10. Sales lots (see Section 9-6.139) 11. Small scale manufacturing 12. Temporary events (see Section 9-6.177) 13. Temporary/seasonal sales (see Section 9-6.174) 14. Utility transmission facilities 15. Vehicle and equipment storage (Section 9-6. 183) 16. Indoor Recreation 17. Pipelines 18. Public assembly and entertainment (f) Any development shall be served by an on-site sewage disposal system, unless an extension of the Urban Services Line is granted through a separate General Plan Amendment. ORDINANCE NO. 249 EXHIBIT "B" Page 3 9-3.654. Establishment of Recreation Planned Development Overlay Zone No.9 (PD9) . Recreation 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 reducedtoa Plot Plan provided that the Master Plan , contains sufficient detail to support a 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: 1. Recreational vehicle park (see Section 9-6. 180) 2. Accessory Storage (see Section 9-6.103) 3. Sports assembly 4. Caretaker's residence (see Section 9-6.104) 5. Temporary events (see Section 9-6.177) ORDINANCE NO. 249 EXHIBIT "B" Page 4 6. Rural sports/group facilities (Section 9-6. 124) 7. Outdoor recreation services (see Section 9-6. 123) 8. Fisheries and game preserves 9. General merchandise stores, where related to recreational uses on the site 10. Temporary/seasonal sales (see Section 9-6. 174) 11. Forestry (f) All development shall be served by an on-site sewage disposal system, unless an extension of the Urban Services Line is granted through a separate General Plan Amendment. Statement of Overriding Considerations Certification of Final EIR (Rochelle/Auto Mall and RV Park) Resolution 56-92 (GPA 2A-91) Ordinance 249 (ZC 02-91) (This supplements Finding #3 in both Resolution 56-92 and Ordinance 249 relating to the Statement of Overriding Considerations.) Statement of Overriding Considerations The EIR identifies two environmental impacts which cannot be mitigated to insignificance by the adoption of mitigation measures. These two unavoidable environmental impacts are water supply and air quality. The City Council finds that these impacts will be mitigated to the maximum extent reasonably feasible by incorporating the recommended mitigation measures of the EIR. 1. Water Supply. The site is located outside of the original Ata.scadero Colony and thus is not within the service boundaries of the Atascadero Mutual Water Company (AMWC) . Furthermore, the AMWC has continually denied the request to extend water supply to the property. For this reason, the analysis of the EIR focuses on the feasibility of developing an on-site private water supply systema The construction of deep groundwater wells will increase withdrawals from the Paso Robles Groundwater Basin. Withdrawals from the groundwater basin are nearing or exceeding the estimated safe annual yield for the basin. Project water demands represent a relatively small portion of basin yield, approximately one percent of the estimated safe annual yield. The impact of these increased withdrawals can be partially mitigated by efforts to minimize water demand. Low flow fixtures and drought tolerant landscaping will be incorporated into the project as mitigation measures from the EIR. 2. Air Quality. Air quality impacts are due to two factors: increased traffic generated by the project and potential of particulate matter being generated during construction. According to the Air Pollution Control District (APCD) estimates of ROG (reactive organic compounds) emissions from automobiles are exceeded if both the auto mall and RV park are developed before 1995. After 1995 it is projected that the overall vehicle fleet will improve with respect to emissions and lower the project impacts to acceptable. Furthermore, reductions in the number of proposed RV spaces by way of creek setbacks and area needed for effluent disposal, will further reduce overall project emissions. ORDINANCE NO. 249 Supplement Page l Grading operations, construction traffic, and wind blowing over exposed surface all will generate dust during construction. A list of air quality mitigation measures is recommended on page IV-66 of the EIR. These run the full spectrum from dust control during construction to trip reduction plans and transit incentives. These mitigation measures should reduce emissions by 5% to 15% and result in acceptable levels by 1995. 3. Statement of Overriding Considerations The City Council has balanced the benefits of the proposed project against the unavoidable adverse effects and makes the following findings of overriding significance: a. Project could provide a small potential increase in affordable residential rental units by providing RV spaces. b. The City revenues will exceed the costs of maintenance and operation if the project is constructed. (Although other commercial projects may not provide the revenues of the auto mall, any commercial development should result in a positive fiscal impact, because costs and revenues are close to balanced with the RV park alone. c. The project will generate significant employment opportunities within Atascadero, and thus improve the jobs/housing balance. ORDINANCE NO. 249 SUPPLEMENT Page 2