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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 544, adopted by the
Atascadero City Council at a regular meeting thereof held on September 8, 2009, and that it has
am
been duly published pursuant to State Law
DATED: -4) PUgt, McUn,
Marcia McClure Torgerson, C. C.
City Clerk
City of Atascadero, California
No
ORDINANCE NO 544
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ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE
ATASCADERO MUNICIPAL CODE SECTION 9-3.668 BY APPROVING
AN AMENDMENT TO ZONE CHANGE 2003-0058 TO AMEND
PLANNED DEVELOPMENT OVERLAY DISTRICT #23 TEXT
APN 056-131-131 through 056-131-033
9020 West Front Road
(West Front Village, LLC)
The City Council hereby finds and declares as follows
WHEREAS, an application has been received from West Front Village, LLC (1301
Chorro Street, San Luis Obispo, CA 93401), Property Owner and Applicant, to consider a
project consisting of a Zone Code Text Amendment to change the PD-23 (Planned Development
#23) zoning text to add indoor recreation services and amusement services to the allowed uses in
the business park portion of the project, with a specified parking requirements, at 9020 West
Front Road(APN 056-131-131 through 056-131-033), 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 the Zone Code Text Amendment is in substantial conformance with
Certified Mitigated Negative Declaration 2005-0165 prepared for the original 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 and commercial
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 amendments,
and,
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City of Atascadero
Ordinance No. 544
Page 2 of 5
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
low held on June 16, 2009, studied and considered Zone Change 2003-0058 Amendment, after first
studying and considering Certified Mitigated Negative Declaration 2005-0165, and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on August 11, 2009, studied and considered Zone Change 2009-0152, after first studying
and considering Certified Mitigated Negative Declaration 2005-0165, 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 Planning
Commission finds as follows.
1 The Planning and Zoning text change is consistent with General Plan policies and all
other applicable ordinances and policies of the City
2. Amendment of the Planned Development Overlay#23 (PD-23) standards will provide
for the orderly and efficient use of lands where such development standards are
applicable.
3 The text change will not, in itself, result in significant environmental impacts.
WW 4 The characteristics of the proposed indoor recreation and amusement services uses
and/or the immediate vicinity of the site do not necessitate the number of parking
spaces, type of design, or improvements required by this AMC section 9-4 115, and
therefore, reduced parking as proposed and previously approved with the Master Plan
of Development, will be adequate to accommodate all parking needs generated by the
allowed uses on the site.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on September 9, 2009, resolved to approve on second reading by title only, an
ordinance that would change the text of PD-23 consistent 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 of this title) 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:
fourteen (14) single family courtyard homes, eighteen (18) multifamily 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.
City of Atascadero
Ordinance No. 544
Page 3 of 5
w (b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent
with the approved master plan of development.
(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) 'The residential lots shall provide parking based on the multifamily development parking
standards set forth in the Atascadero Municipal Code. A minimum of two (2) parking spaces shall
be provided on each lot, either within the garage or in the driveway of the unit. A minimum of one
(1) guest parking space shall be provided on each lot in addition to any garage parking. A
dedicated residential parking area shall be provided to meet the overall Atascadero Municipal
Code multifamily parking requirements 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 among each use, as identified in the master plan of development. All uses
within the business park area shall provide parking as shown on the Master Plan of
Development with the exception of indoor recreation and amusement services which shall
provide parking at a ratio of no less than 1 space per 300 square feet of floor area.
(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 of this title),
r""" (2) Food and beverage retail sales,
City of Atascadero
Ordinance No. 544
Page 4 of 5
(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 of this title),
(7) Financial services,
(8) Health care services,
(9) Personal services,
(10) Light repair services,
(11) Eating and drinking places,
(12) Horticultural specialties (see Section 9-6.116 of this title),
(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 of this title),
(16)Temporary events (see Section 9-6 177 of this title)
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 of this title),
(5) Public assembly and entertainment;
(6) Indoor recreation services,
(7) Animal hospitals (see Section 9-6.110 of this title),
(8) Food and kindred products (see Section 9-6 128 of this title),
(9) Indoor auto dealers (new and used) and supplies (see Section 9-6 163 of this title)
(p) Allowed uses for the business park portion of the project behind the hotel shall be as
prescribed as follows.
Allowable uses.
(1) Broadcast studios,
(2) Building materials and hardware (see Section 9-6.165 of this title),
(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 of this title),
(7) Financial services
(8) Health care services,
(9) Offices,
(10) Small scale manufacturing,
(11) Temporary offices (see Section 9-6.176 of this title),
(12) Personal services;
(13) Light repair services,
(14) Accessory storage (see Section 9-6.103 of this title),
(15) Membership organizations,
(16) Horticultural specialties (see Section 9-6.116 of this title),
(17) Business support services, where all areas of use are located within a building
(18) Social and service organizations,
(19) Libraries and museums,
(20) Amusement Services;
(21) Indoor Recreation Services, and
(20)_J?21 Temporary events(see Section 9-6.177 of this title)
City of Atascadero
Ordinance No. 544
Page 5 of 5
Conditionally allowable uses.
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(1) Indoor auto dealers (new and used) and supplies (see Section 9-6 163 of this title) (Ord. 486
§2, 2005)
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 August 11, 2009, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on September
8, 2009, by the following roll call vote
AYES Council Members Clay, Fonzi, Kelley and O'Malley
NOES Mayor Beraud
MW
ABSTAIN None
ABSENT None
CITY OF ATASCADERO
By.
Ellen Beraud, Mayor
ATTEST
Y1�
Marcia McClure Torgerson,C.M. .,
City Clerk
APPROVED AS TO RM.
aw Brian A. Pienk, City Attorney