HomeMy WebLinkAboutOrdinance 424 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. 424 adopted by the Atascadero City
Council at a regular meeting thereof held on September 23, 2003, and that it has been duly
published pursuant to State Law.
DATED:
Marcia McClure Torgerson, .M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 424
AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING THE
ZONING CODE TEXT ZCH 2003-0056 TO CREATE PLANNED
DEVELOPMENT OVERLAY DISTRICT 19 FOR USE IN THE RSF-Y
ZONING DISTRICT FOR PARCELS
APN 049-191-0029 0269 027, 0289 030
(60259 6049 DEL RIO, 6100 CONEJO / MIDLAND PACIFIC)
WHEREAS, an application has been received from Midland Pacific (6955 El Camino
Real, Atascadero, CA 93423) Applicant and Martha VerHeyen, (P.O. Box 471, Atascadero, CA
93423) Property Owner to consider a project consisting of a zone change from RSF-Y
(Residential Single-Family) to RSF-Y/PD-19 (Residential Single-Family with Planned
Development Overlay #19) on a 28-acre site located at 6025, 6049 Del Rio, 6100 Conejo (APN
049-191-002, 026, 027, 028, 030); and
WHEREAS, the site's General Plan Designation is SFR-Y (Single-Family Residential);
and,
WHEREAS, the site's current zoning district is RSF-Y(Residential Single-Family; and,
WHEREAS, General Plan SFR-Y land use designation allows for the creation of single-
family planned development projects with a maximum density of 0.5 units 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 2003-0016 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
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 August 12, 2003,
studied and considered Zone Change 2003-0056, after first studying and considering the Draft
Mitigated Negative Declaration prepared for the project, and,
City of Atascadero
Ordinance No.424
Page 2
NOW, THEREFORE, the City Council takes the following actions:
SECTION 1. Findings for Approval of a Zone Change Creating a PD-19 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 August 12, 2003 resolved to introduce for first reading an ordinance that would amend the
City Zoning ordinance with the following:
9-3.664 Establishment of Planned Development Overlay Zone No. 19: (PD19).
A Planned Development Overlay Zone No. 19 may be established in the RSF-Y single-family
residential zones on parcels APN 049-191-002, 026, 027, 028, and 030 with a combined gross
acreage of 28 acres. The maximum density within the planned development shall not exceed a
gross density of 70 units on the 28-acre project site. The following development standards shall
be applied to the Planned Development Zone No. 19:
(a) The Master Plan of Development (CUP 2002-0082) for the site shall be approved. All
construction and development shall conform to the approved Master Plan of Development, as
conditioned.
(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:
(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 (20) feet by twenty (20) feet. A minimum of two guest parking spaces 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 front yards, street facing side yards, project perimeter, common areas, 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.
City of Atascadero
Ordinance No.424
Page 3
(i) 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.
SECTION 3. Effective Date.
This ordinance shall be effective a 12:01 a.m. on the 31t day after its final
passage.
On motion by Council Member Scalise, and seconded by Council Member O'Malley, the
foregoing ordinance is hereby adopted following roll call vote:
AYES: Council Members Luna, O'Malley, Pacas, Scalise and Mayor Clay
NOES: None
ABSTAIN: None
ABSENT: None
ADOPTED: September 23, 2003
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lay, Sr., Mayor
Attest:
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Marcia McClure Torgerson, C.M.C., y Clerk
Approved as to form:
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Roy anley, City Att ney