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HomeMy WebLinkAboutOrdinance 554 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. 554, adopted by the Atascadero City Council at a regular meeting thereof held on February8, 2011, and that it has been a. duly published pursuant to State law DATED: '2— Marcia McClure Torgersen, C.M.C. City Clerk City of Atascadero, California r ORDINANCE NO 554 am ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE TEXT CHANGE ZCH 2010-0162, AMENDING THE ATASCADERO MUNICIPAL CODE TO CHANGE ALL RMF-16 SITES TO RMF-20 AND AMEND DEFINITIONS RELATED TO HOUSING (Citywide/City of Atascadero) The City Council hereby finds and declares as follows WHEREAS, Program 1 1 of the 2007-2014 Housing Element identifies a density increase on sites in the High Density Land Use Designation and Residential Multifamily -16 Zoning District in order to accommodate the shortfall of RHNA sites from the previous planning penod, and, WHEREAS, Government Code Section 65584 09 and 65583(c)(1) (AB 1233) requires that the City must demonstrate that the rezones to accommodate the shortfalls of RHNA sites from the previous planning period will be completed within one year of the beginning of the planning period, and, �rrr WHEREAS, The State Department of Housing and Community Development requires the rezoning for increased density to be completed concurrently with the Housing Element adoption in order to find the housing element in compliance with State Housing Element Law, and certify the 2007-2014 Housing Element; and, WHEREAS, a General Plan Land Use Element Amendment has been proposed to increase the density in the High Density Land Use Designation to a minimum of 20 units per acre, and, WHEREAS, the proposed Zone Text and Map Amendments would create consistency between the General Plan and the Zoning Ordinance, and, WHEREAS, the Planning Commission has deterrmned that it is in the best interest of the City to enact this amendment to the Zoning Ordinance and Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, an Initial Study and Draft Negative Declaration 2010-0005 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 laws and regulations relating to the preparation and public notice of WW 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. 554 Page 2 of 9 �rrr WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone 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 December 7, 2010, studied and considered Zone Text update ZCH 2010-0162, after first studying and considering the Draft Negative Declaration prepared for the project, and, WHEREAS, the Atascadero City Council, at a Public Hearing held on January 25, 2011, studied and considered Zone Text update ZCH 2010-0162, after first studying and considering the Draft 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. The City Council 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 zoning ordinance will provide for the orderly and efficient use of lands where such development standards are applicable 3 The zone change will not, in itself, result in significant environmental impacts. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on January 25, 2011 resolved to introduce for first reading an ordinance that would amend the City Zoning ordinance with the following: Title 9 PLANNING ARMZ(?NING Chapter 3 ZONING Q10:RICtS Article 1. Gener l ProvisigM 9-3.104 Symbols used. (a) Zoning Districts. The letter symbols listed after each zoning district in Sections 9- 3 102(a) through (e) shall be used to designate the location of various zoning districts on the official zoning maps (Section 9-1 102) rrr City of Atascadero Ordinance No. 554 Page 3 of 9 �rr.r (b) Overlay Districts The letter symbols listed after each overlay district in Section 9-3 103(a) shall be appended to the base zoning district and be placed in parentheses thereafter to designate the location of various overlay districts on the official zoning maps (Section 9-1 102) Example Residential Suburban as the base zone within a Flood Hazard and Geologic Hazard overlay area would show on the official zoning maps as RS (FH) (GH) (c) Density in Residential Multiple Family Zoning District. A number specifying the maximum permitted number of dwelling units per net acre in multiple family residential zoning districts shall be appended to the base zoning district to designate the density on the official zoning maps (Section 9-1 102) Example Residential Multiple Family allowing twenty (20) units per net acre within a Historic Site overlay area would show on the official zoning maps as RMF/20 (HS) (d) Minimum Lot Size in Residential and Agricultural Zoning District Areas A symbol specifying the minimum lot size in acres in certain residential zoning districts shall be appended to the base zoning district and be placed following a hyphen thereafter where necessary to designate the minimum lot size on the official zoning maps (see Section 9-1 102 of this title) Example Residential single-family with a half-acre minimum lot size in a Flood Hazard Overlay Zone would show on the official zoning maps as RSF-X(FH) Minimum lot size will not urrrr always be shown on the official maps especially in zoning districts where the minimum size is uniform, in circumstances where Chapter 9-6 establishes minimum sizes for some, but not all, uses within a zoning district, and where performance standards identified for certain zoning districts in this chapter are used to establish the minimum lot size (Ord. 68 § 9-3 104, 1983) Title 9 P��NING���Zt)NING Cha ter 3 ZONING DISTRICTS Article 6 RMF(Resi&ntial Multiple Farmib Zone 9-3.175 Density The maximum allowable density in the Residential Multiple Family Zone shall be designated on the Official Zoning Maps as provided by Section 9-3 104(c) and be established in accordance with the general plan as follows (a) Areas Designated Low Density Multiple Family Residential The maximum number of dwelling units per net acre is ten (10) (b) Areas Designated High Density Multiple Family Residential The minimum number of dwelling units per net acre is twenty (20) (c) Hillside Density Standards The densities permitted by subsections (a) and (b) of low this section shall be modified to the following densities based on-site topography, as follows City of Atascadero Ordinance No. 554 Page 4 of 9 ftw Average Slope Low Density Multiple High Density Multiple Family units/acre Family units/acre 0-1099% 10 20 11-1599% 7 14 16-2099% 5 10 21-2599% 3 6 26-300% 2 4 > 30% 1 2 9-3.176 Property development standards. In addition to the standards specified in Chapter 4 of this title, General Site Design and Development Standards, the following development standards shall apply to mobilehome and multiple family residential projects (a) Percent Coverage. The maximum percent of a lot that may be covered by structures (excluding decks less than thirty (30) inches from the ground) shall be forty percent (40%) for low density multiple family projects and fifty percent (50%) for high density multiple family projects om (b) Enclosed Storage. Each dwelling unit shall be provided a minimum of one hundred(100) cubic feet of enclosed storage space, exclusive of closets, which may be located in either a principal or accessory building. (c) Outdoor Recreation Areas. For developments of four(4) to seven (7) dwelling units, outdoor recreational open space shall be provided at a ratio of three hundred (300) square feet per unit. This open space may be provided either as (1) a private amenity designed for exclusive use of a dwelling unit, or(2) as common open space provided that no individual open space is less than one thousand (1,000) square feet. For developments of eight (8) or more dwelling units, outdoor recreational open space shall be provided at a ratio of three hundred (300) square feet per unit. This common open space may be provided in more than one location provided that no individual open space area is less than one thousand (1,000) square feet. (d) Screening Wall A solid wall or fence not less than six (6) feet in height shall be placed and maintained on interior lot lines abutting property zoned for single family residential use. (e) Covered Parking. One covered parking space (carport or garage) shall be required per dwelling unit of the total off-street parking required by Section 9-4 118 (f) Laundry Facilities Laundry facilities shall be provided in the form of either (1) laundry hook-ups within each individual dwelling unit, or(2) a shared laundry facility equipped No with washers and dryers City of Atascadero Ordinance No. 554 Page 5 of 9 ism (g) Appearance Review All projects shall be consistent with the multifamily design and landscape requirements of the Appearance Review Manual. (h) Maintenance Requirement. A maintenance agreement for all landscaping, building exteriors, accessory structures, parking areas and other common facilities shall be approved by the Community Development Director and City Attorney prior to final occupancy (Ord. 457 § 3 (part), 2004 Ord. 149 § 2 (part), 1987) (i) RMF-20 properties identified in Table V-48 of the Housing Element shall be permitted "by right" and will not be subject to Conditional Use Permit or Specific Plan. Proposed planned development projects or other relief from property development standards on these parcels shall be subject to discretionary review per the requirements of the Municipal Code Titte.9 PLANNING 6ND'Z0.N1Ng: �Chada 3 ZONINDISTRITS ._ AWS 1 4 Wn n r i l 9-3.263 Downtown district general development standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in the following table, in addition to the other applicable development standards of this article Requirement b ning District Development Feature DC DO Downtown Commercial Downtown Office Minimum lot size No minimum Setbacks Minimum and maximum setbacks required.See Section 9-4 103for setback requirement,allowed projections into setbacks,and exceptions to setbacks. Front None allowed,except for building As required by Section 9-4 106 insets designed to accommodate when adjacent to a residential outdoor eating and seating areas, zone,none required otherwise. and except for East and West Mall between El Camino Real and Palma Avenue,where a minimum of twenty(20)feet is required. Sides(each) None required Rear None required Creek To be determined through Design Review Height limit Forty-five(45)feet not to exceed three Thirty-five(35)feet (3) stories,eighteen(18)feet on the west side of El Camino Real between Atascadero Creek and the lot line common to Lots 19 and 20,Block H B,Atascadero Colony Ma Landscaping As required by Sections 9-4 124 et seq.(Landscaping,screening and aw fencing) City of Atascadero Ordinance No. 554 Page 6 of 9 rrrrr Off-street parking None required,except as required by As required by Sections 9- Section 9-4 114 for hotels,motels,and 4 114 et seq residential uses,and for all development east of Atascadero Creek. Signs See Section 9-15 005(b) Density Twenty(20)dwelling units/acre Twenty(20)dwelling maximum units/acre maximum Chaor 4 L SITEbESIPMENTD 9-4.128 Fencing and screening (c) Standards for Fencing and Screening Materials. All fencing and screening shall be allowed as follows (1) Height. Fence and screen height shall be permitted as follows (i) RS/RR/RSF-Z/RSF-Y (with one acre net or larger) Zones. a. Fencing within a required front or corner yard setback may be up to five (5) feet in height, provided that the top two (2) feet remain a minimum of eighty percent (80%) visibility The fence shall not impair safe sight distance for vehicular traffic nor result in any other potential adverse impact on human health and safety (refer to engineering standard. Minimum Sight Distance for Driveways and Intersecting Roads with Stop Control) b Fencing within a required side or rear setback may be a maximum of six (6) feet in height. (ii) RSF-Y (less than one acre net)/RSF-X/LSF-Z/LSF-Y/LSF-X/RMF-10/RMF-20 a. Fencing within a required front or corner yard setback can be a maximum of three (3) feet in height. b Fencing within a required side or rear yard setback shall be a maximum of six (6) feet in height. (iii) Gateposts and other superstructures over site entrances and exits may be up to twelve (12) feet in height. (iv) Height Measurement. Fencing and screening materials shall be measured from the finished grade of the uphill lot. am City of Atascadero Ordinance No. 554 Page 7 of 9 �tirrr Ti9tLANMING AND QNIN ., Cheater 6 SPECIAL.U5E5 9-6.180 Recreational vehicle(RV) parks. This section applies to all recreational vehicle parks and commercial campgrounds including any separately designated section of a mobilehome park. These standards apply in addition to all applicable provisions of Title 25 of the California Administrative Code (a) Location Criteria. Approval of a conditional use permit application by the Planning Commission shall include a finding that the recreational vehicle park will not be excessively visible from a public road or residential zone or that such visibility will be acceptably mitigated. (b) Minimum Site Area. (1) RV Park Site. Ten (10) acres when located outside the urban services line and five (5) acres when located within the urban services line (2) Individual RV Spaces (i) Pull-in or Back-in Spaces Twenty (20) foot width, seven hundred fifty (750) �rrr square foot area. (ii) Pull-Thru Spaces. Twenty (20) foot width, one thousand one hundred (1,100) square foot area. (c) Density The maximum density shall be twenty (20) units per gross acre, not including any exterior public street right-of-way (d) Site Design Standards. Title 9,PLAHNINGANDZ141G QV tCt'q''GENS'bEFINITIbNS 9-9 102 General definitions. Family A "Family" is a "Single Housekeeping Unit" defined as the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with point use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager err City of Atascadero Ordinance No. 554 Page 8 of 9 `rr Title 9 Fl Y�ANb_ ZONM Chapter 3 ZONING QI5`f'i2= Article 29 Land Use Descriptions 9-3.701 Purpose. Single-family Dwelling. An attached or detached building not to contain more than one kitchen wherein the occupants of the dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, membership in the single housekeeping unit is fairly stable as opposed to transient, and members have some control over who becomes a member of the single housekeeping unit. Secondary Residential Unit. Second residential units are defined as residential occupancy constructions (R) with a kitchen and full bathroom that is accessory to the primary unit and intended for permanent occupancy by a second housekeeping unit. Multiple Family Dwelling. Two or more dwelling units located on a single lot, each occupied by a single housekeeping unit, includes buildings or groups of buildings designated as apartments, duplexes, triplexes and condominiums, but not including motels, hotels, dormitories, or RV parks as herein defined. +air 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 This ordinance shall be effective a 12 01 a.m. on the 31st day after its final passage. INTRODUCED at a regular meeting of the City Council held on January 25, 2011, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on February 8, 2011, by the following roll call vote ■rr City of Atascadero Ordinance No. 554 Page 9 of 9 ow AYES Council Members Clay, Fonzi, Kelley and Mayor O'Malley NOES None ABSENT Council Member Sturtevant ABSTAIN None ADOPTED February 8, 2011 CITY F ATASCADERO By• Tom O'Malley, Ma r ATTEST Marcia McClure Torgerson, C.M.0 ,aity Clerk ..� APPROVED AS TO RM. Brian A. Pierik, eity Attorney +�r