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HomeMy WebLinkAboutOrdinance 325 CERTIFICATION I, Marcia M. Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 325 adopted by the Atascadero City Council at a regular meeting thereof held on May 27, 1997 and that it has been duly published pursuant to State Law. DATED: Marcia M. Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 325 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING SECTION 9-3. 651 OF THE ZONING ORDINANCE RELATIVE TO BUILDING SETBACK REQUIREMENTS (ZC 97001: Norton/Staff) WHEREAS, the proposed Zoning Ordinance amendment is consistent with the General Plan in effect at the time of application acceptance, as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment . The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on April 15, 1997, and has recommended approval of Zone Change 97001 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows : Section 1 . Council Findings . 1 . The proposal is consistent with the General Plan in effect at the time of application acceptance. 2 . The proposal will not result in any significant adverse environmental impacts . The Negative Declaration prepared for the project is adequate. 3 . The proposal is warranted to promote orderly and harmonious development . 4 . The proposal will enhance the opportunity to best utilize special characteristics of an individual site and will have a beneficial effect on the community as a whole . 5 . Benefits derived from the proposal cannot be reasonably achieved through existing development standards or processing requirements . Ordinance No. 325 Page 2 Section 2 . Zoning Ordinance. Section 9-3 . 651 of the Zoning Ordinance of the City of Atascadero is hereby amended as shown in the attached Exhibit A which is hereby made a part of this ordinance by reference. Section 3 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4 . Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion by Councilmember Carden, seconded by Councilmember Clay, the foregoing ordinance is approved by the following roll call vote: AYES : Councilmembers Carden, Clay, Lerno, Luna and Mayor Johnson NOES: None ABSENT: None ADOPTED: May 27, 1997 1q-fTY OF A CADERO B RA JOH S N, Ma or ATTEST: MARCIA M. TORGERSON, Cit Clerk Ordinance No. 325 Page 3 APPROVED AS TO FORM: ,,a �4* — ROY HANLEY,' Cit ttorney PREPARED BY: ZA A!!�:– zz' "—� STIEVEN L. DECAMP, CitFy Planner ( EXHIBIT(s) ON FILE IN CITY CLERK'S OFFICE } EXHIBIT A Ordinance 325 (Page 1 of 3) 9-3. 651 . Establishment of Planned Development Overlay Zone No. 7 (PD7) . A Planned Development Overlay Zone No. 7 may be established in multiple family residential zones . The following development standards shall be applied to all projects within Planned Development Zone No. 7 : (a) A Master Plan of Development of the site shall be approved. All construction and development shall be done in conformance with the approved master plan. (b) No subsequent Tentative Parcel or Tract Map shall be approved unless found to be consistent with the approved Master Plan of Development. (c) A proposed planned development project shall consist of no fewer than four (4) residential units . (d) The parent lot or lots shall have frontage on a public street. (e) Each dwelling unit shall be subject to review under the City' s Appearance Review Guidelines . (f) Building setbacks shall be as follows : Front yard at residence - 15 feet FEent-- aEd at gage - 29 fems Side yards (combined) - 10 feet Side yard (corner lot) - 12 feet Rear yard (single-story) - 10 feet Rear yard (two-story) - 15 feet Garages shall be recessed from the front of the residence by at least five (5) feet. (1) Physically unique sites: Sites with one or more mature trees, steep slopes, riparian areas and/or some other unique physical characteristic are not subject to the above setback requirements provided the following Findings are made: (1) that flexibility from the above setback standards is necessary to enable the environmentally superior design alternative; (2) that at least fifty percent (50%) of each individual lot will be landscaped; and (3) that at least sixty percent (60%) of the net area of the overall site will be landscaped. EXHIBIT A Ordinance 325 (Page 2 of 3) (g) Building coverage (residence plus garage footprint) shall not exceed 35% of the individual lot area. Landscaping shall constitute a minimum of 40% of the lot area. The measurement of landscaped areas shall be exclusive of driveways, patios, decks, etc. (h) Two story residences shall have a second floor that is limited to 75% of the gross area of the first floor inclusive of the garage. (i) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties . (j ) Exterior fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units . (k) Accessory buildings (sheds, etc) will be allowed; however, the footprint of such accessory buildings will count toward the maximum percent of allowable building coverage . (1) Each proposed lot shall have a minimum frontage of forty-five (45) feet, except that lots at the end of a cul-de-sac may be forty (40) feet. (m) Parking for two resident vehicles shall be provided in a garage with minimum interior dimensions of 20 ' X 20 ' . One guest parking space of at least 9 ' X 18 ' shall be provided on each individual lot. The driveway area may be used to satisfy the guest parking requirement . On- street parking shall not be used to satisfy the parking requirements . (n) Private open space shall be provided for each residential unit at a ratio of 300 square feet for the first two (2) bedrooms . Each bedroom in excess of two (2) shall cause the private open space to be increased by 50 square feet. The required front yard setback area shall not be used to satisfy the open space requirement; however, side and rear setback areas may be utilized. The minimum width of the private open space area shall not be less than ten (10) feet . (o) Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trash cans within the garage or fenced area. EXHIBIT A Ordinance 325 (Page 3 of 3) (p) All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground. (q) Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City' s Appearance Review Guidelines . (r) All dwelling units shall be equipped with water conservation devices to include low-flow shower heads and toilets, and drip irrigation systems .