HomeMy WebLinkAboutOrdinance 491 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. 491, adopted by the
Atascadero City Council at a regular meeting thereof held on February 28, 2006, and that it has
been duly published pursuant to State Law.
Marcia McClure Torgerson,C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 491
am
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE
ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE
2005-0104 TO ESTABLISH PLANNED DEVELOPMENT OVERLAY
DISTRICT #27 FOR USE IN THE CR (COMMERCIAL RETAIL) AND RMF-
16 (RESIDENTIAL MULTI-FAMILY-16) ZONING DISTRICTS ON
APN 029-271-001 (47059 47119 4713 El Camino Real / JRW Group)
WHEREAS, an application has been received from JRW Group, Inc. (1900 Spring
Street, Paso Robles, CA 93446) Applicant, and Arthur and Mary Jazwiecki, (P.O. Box 547,
Atascadero, CA 93423), Property Owners, to consider a project consisting of a General Plan
Amendment from GC (General Commercial) to GC/HDR (General Commercial/Residential
High Density Residential-16) and Zone Change from CR (Commercial Retail) to CR/RMF-
16/PD-27 (Commercial Retail/Residential Multi-Family-16 with Planned Development Overlay
#27) with a corresponding Master Plan of Development and Vesting Tentative Tract Map on a
1.71-acre site located at 4705, 4711, and 4713 El Camino Real (029-271-001); 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 2005-0063 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 January 17, 2006, studied and considered Zone Change 2005-0104, after first studying
and considering the Draft Mitigated Negative Declaration prepared for the project, and,
City of Atascadero
Ordinance No.491
Page 2 of 4
WHEREAS, the City Council of the City of Atascadero held a public hearing on
+� February 14, 2006 following the close of the review period to consider the Initial Study and
Proposed Mitigated Negative Declaration; and,
NOW THEREFORE, the City Council of the City of Atascadero takes the following
actions:
SECTION 1. Findings for Approval of a Zone Text Change Creating a PD-27
Planned Development Overlay District. The Planning Commission 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 February 28, 2006 resolves to approve on second reading by title only, an
ordinance that would amend the City Zoning code text with the following:
tow 9-3.672 Establishment of Planned Development Overlay Zone No. 27: (PD 27).
Planned Development Overlay Zone No. 27 is established as shown on the Official Zoning Maps
(Section 9-1.102). A Planned Development Overlay Zone No. 27 is established on parcels APN
029-271-001 with a combined gross acreage of 1.71-acres. The maximum residential density within
the planned development shall not exceed 40 residential units along with 8,664 square feet of
commercial space. The development standards contained within the Master Plan of Development
Document (CUP 2005-0170), as conditioned shall be applied to all future development within the
project area, and as follows:
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 Vesting Tentative Tract Map TTM 2005-0076 and any subsequent amendments for the site shall
be consistent with CUP 2005-0170. 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) The commercial area, residential dwelling units, landscaping, walls and fencing shall be subject to
review under the City's Appearance Review requirements consistent with the approved Master Plan
of Development.
e) Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the
approved Master Plan of Development:
WMW
City of Atascadero
Ordinance No.491
Page 3 of 4
a) All landscaping shown on the approved landscape plan will be installed by the developer and shall be
maintained as approved.
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b) All utilities, including electric, telephone and cable, along the frontage of, and within the PD and along
the project frontages shall be installed and/or relocated underground.
c) The property will retain the Commercial Retail zoning district designation. The following allowable
uses are proposed for this district within the PD-27 overlay zone:
a. Residential Multi-Family(second floor only)
b. Broadcast studios;
c. Building materials and hardware (indoor only)
d. Food and beverage retail sales;
e. Furniture, home furnishings and equipment;
f. General merchandise stores;
g. Mail order and vending;
h. Temporary or seasonal sales
i. Financial services;
j. Health care services;
k. Offices;
I. Small scale manufacturing;
m. Temporary offices
n. Personal services;
o. Light repair services;
p. Membership organizations;
q. Horticultural specialties
r. Schools--business and vocational
s. Business support services, where all areas of use are located within a building;
t. Farm equipment and supplies (indoor only);
u. Funeral services;
v. Schools
w. Utility service center;
x. Libraries and museums;
y. Temporary events
d) The conditional uses will be consistent with those listed for the underlying Commercial Retail zone.
e) All residential and commercial uses shall be consistent with the requirements of the underlying zoning
district except as allowed by the Master Plan of Development.
k) All trees shown to be protected on the approved Master Plan of Development shall be maintained.
Any future tree removal shall require approval per the requirements set forth in the Atascadero native
Tree Ordinance.
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City of Atascadero
Ordinance No.491
Page 4 of 4
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.
On motion by Council Member Luna and seconded by Council Member Clay, the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Council Members Clay, Luna, Pacas, Scalise and Mayor O'Malley
NOES: None
ABSTAIN: None
ABSENT: None
ADOPTED: February 28, 2006
��Y OF AT E CA
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Tom O'Malley, ayor
ATTEST:
Marcia McClure Torgerson, C.M.C., C Clerk
APPV,10VED AS O
Patrick . i ity Attorney
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