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HomeMy WebLinkAboutOrdinance 412 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. 412, adopted by the Atascadero City Council at a regular meeting thereof held on March 11, 2003, and that it has been duly published pursuant to State Law. DATED: Marcia McClure Torgerson,C.M.C. City Clerk City of Atascadero, California ORDINANCE NO. 412 AN ORDINANCE OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE 2003-0039 TO AMEND THE ZONING ORDINANCE TO ALLOW RESIDENTIAL SECOND UNITS IN THE RSF-Y ZONING DISTRICT SUBJECT TO PERFORMANCE STANDARDS (ZCH 2003-0039: Second Units) WHEREAS, the City of Atascadero's 2025 General Plan has prioritized the provision of affordable housing; and, WHEREAS,the State of California has identified residential second units as an important means to providing affordable housing in single-family neighborhoods; and, WHEREAS,the General Plan contains Program HOS 3.1.2. that calls for the adoption of an ordinance allowing second units in the RSF-Y zoning district subject to performance standards; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 4, 2003 considered a recommendation to the City Council, and, WHEREAS,the Planning Commission has determined that it is in the best interest of the City to update the Zoning Ordinance to allow residential second unit to ensure the orderly provision of affordable housing throughout the community; 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, the Atascadero City Council, at a duly noticed Public Hearing held on February 25, 2003 considered the project and the Planning Commission's recommendation; NOW, THEREFORE, the City Council takes the following actions: SECTION 1. FINDINGS OF CONSISTENCY WITH 2002 GENERAL PLAN EIR 1. The proposed project has been analyzed adequately in the 2002 General Plan EIR pursuant to applicable standards and impacts have been avoided or mitigated pursuant to the that EIR. City of Atascadero Ordinance No. 412 Page 2 of 6 SECTION 2. FINDINGS FOR APPROVAL OF ZONE TEXT CHANGE. 1. The zone 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 development of affordable housing throughout the community. 3. The zone change will not, in itself, result in significant environmental impacts. SECTION 3. APPROVAL. The Atascadero City Council, in a regular session assembled on February 25, 2003 resolved to adopt on second reading by title only an ordinance that would amend the Zoning Ordinance as follows: 9-3.153 Conditional uses. The following uses may be allowed in the Residential Single Family Zone. The establishment of conditional uses shall be as provided by Section 9-2.109: (a) Churches and related activities (see Section 9-6.121); (b) Schools (see Section 9-6.125); (c) Mobilehome developments (see Section 9-6.143); (d) Skilled nursing facility, where the number of residents under care is greater than six (see Section 9-6.134); (e) Residential care, where the number of residents under care is greater than six (see Section 9- 6.135); (f) Organizational houses; (g) Pipeline; (h) Bed and breakfast; (i) Caretaker residence (see Section 9-6.104); 0) The following uses where established in a residential structure of historical importance are satisfied: (1) Broadcasting studios, (2) Business support services, (3) Libraries and museums, (4) Offices, (5) Personal services, (6) School-business and vocational; (k) Kennels (see Section 9-6.111). (Ord. 68 § 9-3.153, 1983) (1) Residential Second Units (RSF-Y only) (see Section 9.6106) City of Atascadero Ordinance No. 412 Page 3 of 6 9-3.154 Minimum lot size. The minimum lot size in the Residential Single Family Zone shall one-half(1/2) acre and may range up to two and one-half(21/2) acres. The size of a lot shall be consistent with the land use designation set forth in the General Plan and shall be indicated by the symbols set forth in the following chart, which shall be shown on the official zoning maps as provided by Section 9- 3.104(d). ..............................................................................................................................................................................................- Symbol� Minimum Lot Size� ...... _. ........... ......... X "One-half('/z)acre net area(excluding land needed for street rights-of-way whether 'publicly or privately owned). Y One(1)acre net area(excluding land needed for street rights-of-way whether publicly or privately owned). Z One and one-half(11/z)to two and one-half (21/2)acres based on performance standards set forth in this section. (a) Performance Standards. The following performance standards shall be evaluated for each lot which is appended with the "Z" symbol in determining its minimum lot size: (1) Distance from the Center of the Community. Using the Atascadero Administration Building as the center of the community, the lot size factor based on this performance standard shall be: ........ Distancel Lot Size Factor F0_--46_0_U10.08 a 4000' 6000 0.10 6000' 8000 012 1. To be measured as radial distance using map maintained in the Planning Department. (2) Septic Suitability. Using generalized soils data from the Soil Conservation Service Reports, the lot size factor based on this performance standard shall be: (SCSRatingl Lot Size Factor Well suited 0 30 I.Moderate or slow 0.50 . S�ev�e`re 0.70 ... 1. Refer to map maintained in Community Development Department. City of Atascadero Ordinance No.412 Page 4 of 6 Percolation tests may be substituted for the Soil Conservation Service Reports. These shall be prepared by a registered civil engineer or licensed sanitarian. The following conversion chart I shall be used to determine the appropriate lot size factor: Percolation Rating Minutes Per Inch .. 1 ... ...... ' .. Well suited ;Fess than 20 Moderate 20 to 39 Slow40 to 59 ... Severe Greater than 60 (3) Average Slope. Using the Basic, Sectional or Contour Measurement Method, the lot size factor based on this performance standard shall be: Slope Lot Size Factor . _—__ ................ g� Iv ...,,20%__..,,._. 0.30 21 --_30% F0.50 3l'i 0.70. (4) Condition of Access. Using the road right-of-way with the shortest accessible distance between a lot and an improved collector road, the lot size factor based on this performance standard shall be: Condition Lot Size Factor paved with slope of less than 15%or City accepted 0 15 ...... ..... paved with slope of greater than 15% F0.20 �alleather surface withslope of less than% all-weather surface with slope of greater 0 30 than 15% ..... ... ..... ..... ................... unimproved surface 0 40 m (5) General Neighborhood Character. Using the average lot size of existing lots (except that lots larger than five (5) acres shall be excluded unless they constitute more than twenty-five (25) percent of the total number of lots) within a one thousand (1000) foot radius, the minimum lot size factor based on this performance standard shall be determined by multiplying the average lot size by 0.2. City of Atascadero Ordinance No.412 Page 6 of 6 maintenance or mechanical work on vehicles owned or operated by the occupants; for an approved home occupation; or for other similar purposes. (2) Floor Area. A workshop is not to occupy an area greater than fifty (50) percent of the floor area of the principal structure. (Ord. 68 § 9-6.106, 1983) SECTION 4. EFFECTIVE DATE. This ordinance shall be effective a 12:01 a.m. on the 31S`day after its final passage. On motion by Council Member O'Malley and seconded by Council Member Luna, the foregoing Ordinance is hereby adopted following roll call vote: AYES: Council Members Luna, O'Malley, Scalise and Mayor Clay NOES: None ABSTAIN: Council Member Pacas ABSENT: None ADOPTED: March 11, 2003 B , Jerry L. ay, Sr., Mayor Attest: Marcia McClure Torgerson, City Jerk Approved as to form: l Roy A anley, City Attorn