HomeMy WebLinkAboutOrdinance 518I, 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. 518, adopted by the
Atascadero City Council at a regular meeting thereof held on November 27, 2007, and that it has
been duly published pursuant to State Law.
DATED: Mc'' , J t....;,,m.!
Marcia McClure To: ryerson, C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 518
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE
ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE
2005-0111 TO AMEND PLANNED DEVELOPMENT OVERLAY DISTRICT -8
APN 045-391-0159 016
13000 Atascadero Road
(Gearhart)
WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara
Avenue, Atascadero, CA 93422, (Applicant) and Atascadero Homeowners LLC, 6205 Alcantara
Avenue, Atascadero, CA 93422, (Property Owner) to consider a project consisting of a General
Plan Land Use Diagram Amendment from CREC (Commercial Recreation) to SFR -Y (Single -
Family Residential 1.0 ac min) and a Zoning Map Change from LS / PD -8 / FH (Special
Recreation with a Planned Development -8 and Flood Hazard Overlay) to RSF-Y / PD -8 / FH
(Residential Single -Family 1.0 ac min with a Planned Development -8 and Flood Hazard
Overlay) with a corresponding Master Plan of Development and Vesting Tentative Parcel Map
on a 10.0 -acre site located at 13000 Atascadero Road (045-391-015, 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 2007-0022 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 October 16, 2007, studied and considered Zone Change 2005-0111, after first studying
and considering the Draft Mitigated Negative Declaration prepared for the project; and,
City of Atascadero
Ordinance No. 518
Page 2 of 4
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text
Change application was held by the City Council of the City of Atascadero at which hearing
evidence, oral and documentary, was admitted on behalf of said Zoning Text Amendments; and,
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on
November 13, 2007, studied and considered Zone Change 2005-0111, after first studying and
considering the Draft Mitigated Negative Declaration prepared for the project and the Planning
Commission's recommendation; 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 Amending PD -8
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 November 13, 2007, resolved to introduce for first reading by title only, an
Ordinance that would amend the City Zoning code text with the following:
Section 9-3.652 of the Atascadero Municipal Code is amended to read as follows:
9-3.652 Establishment of Planned Development Overlay Zone No. 8: (PD8).
Planned Development Overlay Zone No. 8 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 any development of the site.
The Master Plan shall be processed in the same manner as a Conditional Use Permit
except that that Master Plan may be submitted and processed in the same manner set forth
for the processing of a tentative map.
(b) In approving a Master Plan of Development for the site, the uses allowed shall be
limited to:
(1) Single-family dwellings;
(2) Residential accessory uses (See Section 9- 6.106);
(3) Home occupation (See Section 9-6.105);
City of Atascadero
Ordinance No. 518
Page 3 of 4
(4) Temporary dwelling (See Section 9-6.176);
(5) Pipelines;
(c) No uses shall be established, or expanded, unless approved pursuant to a Master Plan
following a public hearing.
(d) The grove of oak trees located on the slope between the top of the knoll and the
intersection of Santa Barbara and Atascadero Roads shall be preserved. In approving a
Master Plan, or Tentative Map, efforts shall be made to place this extreme western portion
of the property into open space easement, or otherwise ensure its preservation.
(e) Residential uses shall be subject to Appearance Review. (Ord. 338 § 2, 1998: Ord. 221
§ 3, Exh. B, 1991)
(f) An open space easement of 6.5± acres shall be maintained in perpetuity on the northern
part of lot 1 created by parcel map AT 05-0364. The open space easement shall remain
landscaped and with plant material in good condition consistent with the landscape plan
adopted by CUP 2005-0175 (Master Plan of Development PD -8). No structures, vehicles,
equipment, livestock or material shall be erected or stored in the open space easement. No
further subdivisions or lot line adjustments shall be permitted of lot 1 created by parcel
map AT 05-0364.
(g) The limited grazing of animals for the purpose of annual wildfire fuel management is
permitted.
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.
r,
City of Atascadero
Ordinance No. 518
Page 4 of 4
INTRODUCED at a regular meeting of the City Council held on November 13, 2007, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
November 27, 2007, by the following roll call vote:
AYES: Council Members Clay, O'Malley and Mayor Luna
NOES: Council Members Beraud and Brennler
ABSTAIN: None
ABSENT: None
C OF ATASCADERO
Dr. George Luna, Mayor
ATTEST:
Y) �� 0
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED AS TO FORM:
Brian Pierik, eity Attorney