HomeMy WebLinkAboutOrdinance 486 CERTIFICATION
1, 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. 486, adopted by the
Atascadero City Council at a regular meeting thereof held on October 11, 2005,and that it has been
duly published pursuant to State Law.
DATED:
Marcia McClure Torgerson, C.M.0
0
City Clerk
City of Atascadero, California
ORDINANCE NO. 486
Now ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO
MUNICIPAL CODE BY APPROVING ZONING CHANGE 2003-0058 TO
ESTABLISH PLANNED DEVELOPMENT OVERLAY DISTRICT #23 FOR
USE IN THE CR (COMMERCIAL RETAIL) AND RMF-10 (RESIDENTIAL
MULTI-FAMILY-10) ZONING DISTRICTS ON
APN 056-131-015, 17, 0189 AND 019
(8870 West Front Rd, 8760 Portola Rd)
(Richard Shannon - West Front Properties)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Richard Shannon — West Front
Properties (5070 San Benito Road, Atascadero, CA 93422) Applicant, and Colony Associates
(4100 West Alameda Avenue, Suite 103, Burbank, CA 91505), Property Owner, to consider a
project consisting of: a general plan amendment from GC (General Commercial) to
GC/MDR/SFR-X/HS(General Commercial/Medium Density Residential/Single-Family
Residential-X); a zone change establishing PD-23 (Planned Development #23) zoning text; a
zoning map change placing PD-23 over the project site; a zoning map change from CR
(Commercial Retail) to CR/RMF-10/RSF-X/PD23/HS (Commercial Retail/Residential Multi-
Family-10/Residential
ulti-Family-10/Residential Single-Family Residential-X/Planned Development #23/Historic
Overlay); a CUP (Condition Use Permit) placing a Master Plan of Development over the project
site; and a vesting tentative tract map for a 46-lot subdivision on a 13.35-acre site located at 8870
West Front Rd and 8760 Portola Road (APN 056-131-015, 17, 018, and 019); 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 2005-0165 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,
City of Atascadero
Ordinance No.486
Page 2 of 5
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 amendments;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on September 6, 2005, studied and considered Zone Change 2003-0058, after first studying
and considering the Draft Mitigated 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 27, 2005, studied and considered Zone Change 2003-0058, after first studying
and considering the Draft 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-23
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 October 11, 2005, resolved to approve on second reading by title only, an
ordinance that would amend the City Zoning code text with the following:
9-3.668 Establishment of Planned Development Overlay Zone No. 23: (PD23).
Planned Development Overlay Zone No. 23 is established as shown on the Official Zoning Maps
(Section 9-1.102). A Planned Development Overlay Zone No. 23 is established on parcels APN
056-131-015, 017, 018, and 019 with a combined gross acreage of 13.35-acres. The maximum
residential density within the planned development shall not exceed the following: 14 single-family
courtyard homes, 18 multi-family duplex units (as shown on the Master Plan of Development).
The development standards contained within the Master Plan of Development Document (CUP
2003-0108), as conditioned shall be applied to all future development within the project area, and
as follows:
(a)The Master Plan of Development (CUP 2003-0108) for the site shall be approved. All
construction and development shall conform to the approved Master Plan of Development, as
conditioned.
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City of Atascadero
Ordinance No.486
Page 3 of 5
(b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent
with the approved Master Plan of Development.
rrr (c) Each dwelling unit, landscaping, walls, and fencing shall be subject to review under the City's
Appearance Review requirements consistent with the approved Master Plan of Development.
(d) Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the
approved Master Plan of Development and as conditioned.
(e) All mechanical equipment, including HVAC units and utility meters, shall be screened from
view from adjacent streets and properties.
(f) Parking for two resident vehicles shall be provided in a garage with minimum interior
dimensions of twenty (20)feet by twenty(20)feet. A minimum of one guest parking space of at
least nine (9)feet by twenty (20) feet[nine (9) feet by twenty-two (22) feet when parallel]. The
courtyard homes shall provide parking based on Multi-family development standards set forth in
the Atascadero Municipal Code. On-street parking shall not be used to satisfy the parking
requirements.
(g) Parking for the commercial and hotel use areas shall total the combined required parking
spaces shared amongst each use, as identified in the Master Plan of Development.
(h) All landscaping shown on the approved landscape plan will be installed by the developer and
shall be permanently maintained as approved.
(i) Individual trash collection shall be used for each residential unit. Provisions shall be made for
storage of trashcans within the garage or fenced area.
(j) Trash for the commercial uses shall be stored within the designated receptacle area and shall
include recyclable waste.
(k) All utilities, including electric, telephone and cable, along the frontage of and within the PD
shall be installed underground.
(1) Alterations, additions, or conversions to established dwelling units and/or commercial buildings
shall be subject to the density and site development standards of the underlying zone and shall
be reviewed pursuant to the City's Appearance Review Guidelines.
(m) All trees shown to be protected on the approved Master Plan of Development shall be
maintained. Native trees within the 3.99-acre SFR-X parcel APN 056-131-015 shall be preserved
unless deemed hazardous and unsafe by a certified arborist. Any other future tree removal shall
require approval per the requirements set forth in the Atascadero native Tree Ordinance.
(o) Allowed uses for the commercial portion of the project fronting West Front shall be as
prescribed as follows:
Allowable Uses
1. Building materials and hardware (see Section 9-6.165);
2. Food and beverage retail sales;
3. Furniture, home furnishings and equipment;
4. General merchandise stores;
5. Mail order and vending;
6. Temporary or seasonal sales (see Section 9-6.174);
7. Financial services;
a■ 8. Health care services;
9. Personal services;
City of Atascadero
Ordinance No.486
Page 4 of 5
10. Light repair services;
11. Eating and drinking places;
12. Horticultural specialties (see Section 9-6.116);
13. Business support services, where all areas of use are located within a building;
14. Hotels and motels;
15. Schools (see Section 9-6.125);
16. Temporary events (see Section 9-6.177);
Conditional uses.
1. Amusement services;
2. Bar/tavern;
3. Eating and drinking places with drive-through facilities;
4. Service station (see Section 9-6.164);
5. Public assembly and entertainment;
6. Indoor recreation services;
7. Animal hospitals (see Section 9-6.110);
8. Food and kindred products (see Section 9-6.128);
9. Indoor auto dealers (new and used) and supplies (see Section 9-6.163). (Ord. 473 §2
(part), 2005: Ord. 364 §2 (part), Exh. B (part), 1999: Ord. 310 § 3, Exh. B (part), 1996:
Ord. 68§ 9-3.223, 1983)
(p) Allowed uses for the business park portion of the project behind the hotel shall be as
prescribed as follows:
Allowable uses:
+rrr 1. Broadcast studios;
2. Building materials and hardware (see Section 9-6.165);
3. Furniture, home furnishings and equipment;
4. General merchandise stores;
5. Mail order and vending;
6. Temporary or seasonal sales (see Section 9-6.174);
7. Financial services;
8. Health care services;
9. Offices;
10. Small scale manufacturing;
11. Temporary offices (see Section 9-6.176);
12. Personal services;
13. Light repair services;
14. Accessory storage (see Section 9-6.103);
15. Membership organizations;
16. Horticultural specialties (see Section 9-6.116);
17. Business support services, where all areas of use are located within a building;
18. Social and service organizations;
19. Libraries and museums; and
20. Temporary events (see Section 9-6.177).
Conditionally allowable uses:
(a) Indoor Auto dealers (new and used) and supplies (see Section 9-6.163).
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City of Atascadero
Ordinance No.486
Page 5 of 5
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.
INTRODUCED at a regular meeting of the City Council held on September 27, 2005, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
October 11, 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
CITY OF ATASC DERO,?,/--
Wendy Spa ise, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C.,aity Clerk
APPROVED AS TO FORM:
Patrid�k L. Enright, City Attorney