HomeMy WebLinkAboutOrdinance 417 CERTIFICATION
I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the
foregoing is a true and correct original of Ordinance No. 417 adopted by the Atascadero City
Council at a regular meeting thereof held on April 22, 2003, and that it has been duly published
pursuant to State Law.
DATED:
Marcia McClure Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 417
AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING THE
ZONING CODE TEXT ZCH 2003-0043 TO CREATE PLANNED
DEVELOPMENT OVERLAY DISTRICT 18 FOR USE IN THE RMF-16
ZONING DISTRICT FOR PARCELS
APN 030-481-005 AND 030-481-006
(9500 Las Lomas Avenue/Hendrix)
WHEREAS, an application has been received from Rex Hendrix (PO Box 6062,
Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a zone
change from RMF-16 (Residential Multi-Family) to CR (Commercial Retail) on a 8,892 square
foot parcel located at 9500 Las Lomas Avenue (APN 030-481-005); and
WHEREAS, the site's General Plan Designation is GC (General Commercial); and,
WHEREAS, the site's current zoning district is RMF-16 (Residential Multi-Family, 16
units/acre maximum); and,
WHEREAS, an application has been received from Rex Hendrix (PO Box 6062,
Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of
another zone change from RMF-16 (Residential Multi-Family) to RMF-16 / PD-18 (Residential
Multi-Family with Planned Development Overlay #18) with the adoption of a Master Plan of
Development, and an 30-lot residential tract map, on a 2.94 acre lot located at 9500 Las Lomas
Avenue (APN 030-481-005 and 030-481-006); and,
WHEREAS, the site's General Plan Designation is HDR (High Density Residential);
and,
WHEREAS, the site's current zoning district is RMF-16 (Residential Multi-Family, 16
units/acre maximum); and,
WHEREAS, General Plan HDR land use designation allows for the creation of multi-
family planned development projects with a maximum density of 16 unit per acre and Zoning
Ordinance Article 28 allows Planned Development Overlay zones to be established 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 2002-0038 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 Map to protect the health, safety and welfare of its
City of Atascadero
Ordinance No.417
Page 2 of 4
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
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 Atascadero City Council, at a Public Hearing held on March 25, 2003,
studied and considered Zone Change 2003-0043, after first studying and considering the Draft
Mitigated Negative Declaration prepared for the project, and,
NOW, THEREFORE, the City Council takes the following actions:
SECTION 1. Findings for Approval of a Zone Change Creating a PD-18 Planned
Development Overlay District. The City Council 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 Atascadero City Council, in a regular session assembled
on March 25, 2003 resolved to introduce for first reading an ordinance that would amend the
City Zoning ordinance with the following:
9-3.663 Establishment of Planned Development Overlay Zone No. 18: (PD18).
A Planned Development Overlay Zone No. 18 may be established in the RMF-16 multi-
family residential zones on parcels APN 030-481-005 and 030-481-006 with a combined
net acreage of 2.94 acres. The maximum density within the planned development shall
not exceed a gross density of 10.0 units per acre. The following development standards
shall be applied to the Planned Development Zone No. 18:
(a) The Master Plan of Development(CUP 2002-0074) 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.417
Page 3 of 4
(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.
(d) Building setbacks lot sizes, landscape area, and lot coverage shall be as identified
within the approved Master Plan of Development:
(e) All mechanical equipment, including HVAC units and utility meters, shall be
screened from view from adjacent streets and properties.
(f) Parking for two-resident vehicles shall be provided in a garage with minimum interior
dimensions of twenty (22) feet by twenty (22) feet. A minimum of one guest parking
space of at least nine (9) feet by eighteen (18) feet shall be provided on site for each unit.
The driveway area may be used to satisfy the guest parking requirement. On-street
parking shall not be used to satisfy the parking requirements.
(g) All frontyards, street facing sideyards, project perimeter, and 2:1 slopes exceeding 5
feet in height shall be landscaped.
(h) 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.
(i) All utilities, including electric, telephone and cable, along the frontage of and within
the PD shall be installed underground.
0) 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.
City of Atascadero
Ordinance No. 417
Page 4 of 4
SECTION 3.Effective Date.
This ordinance shall be effective a 12:01 a.m. on the 31" 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, Pacas, Scalise and Mayor Clay
NOES: None
ABSENT: None
ABSTAIN: None
ADOPTED: April 22, 2003
By:
J rry L. lay, Sr., Mayor
Attest:
Marcia McClure Torgerson, City erk
Approved as to form:
&at
Roy A Hanley, City At ney