HomeMy WebLinkAboutOrdinance 457 CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of
Atascadero, hereby certify that the foregoing is the true and correct original of
Ordinance No. 457 adopted by the Atascadero City Council at a regular meeting
thereof held on July 27, 2004 and that it has been duly published pursuant to
State Law.
DATED: Zr� O :Z:j�
Marcia McClure Torgerson, C.M.O.
City Clerk
City of Atascadero, California
ORDINANCE NO. 457
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE
2003-0042 AMENDING THE ZONING CODE TEXT RELATED TO
DEVELOPMENT WITHIN THE RMF (RESIDENTIAL MULTI-FAMILY)
AND PD-3 ZONING DISTRICTS
(City of Atascadero)
WHEREAS, the City of Atascadero's 2025 General Plan incorporated a series of
policies and programs calling for updates to development standards for multi-family
developments consistent with State Law; and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Zoning Code Text to protect the health, safety and welfare of
its citizens by applying orderly development and expanding housing opportunities within the
City; and,
WHEREAS, the proposed amendments have been determined to be consistent with
environmental documentation prepared for the General Plan update; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text
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 March 3, 2003, studied and considered Zone Change 2003-0042; and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on June 22, 2004, studied and considered Zone Change 2003-0042; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
City of Atascadero
Ordinance No.457
Page 2 of 6
SECTION 1. Findings of consistency with 2002 General Plan EIR. The City Council
finds as follows:
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.
SECTION 2. Findings for approval of zone text change.The City Council finds as
follows:
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 and efficient reuse
of underutilized commercial lands along El Camino Real and Morro Road.
3. The zone change will not, in itself, result in significant environmental impacts.
SECTION 3. Approval. The City Council of the City of Atascadero, in a regular
session assembled on August 24, 2004, resolved to approve on second reading, by title only, an
ordinance that would amend the City Zoning code text with the following:
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 as follows:
Amer of Dwelling
�eeer�s Units/Acre
.. - 10.0_. r.
,,... I .s. ...
I .�_ _ _ .
---------------
(b) Areas Designated High Density Multiple Family Residential: The maximum number
of dwelling units per net acre is as follows:
N wnhs;r of Dwelling
�eeer�s Units/Acre
City of Atascadero
Ordinance No.457
Page 3 of 6
v
(c) Hillside Density Standards. The maximum densities permitted by subsections (a)
and (b) above, shall be modified to the following maximums based on site topography,
as follows:
Average Low Density Multiple Family iHigh Density Multiple Family
Slope
..... .... ...___._..
t4units/ units/ac
_ I
10 _ FZlid F3-86. . ,_ L'.6
11-15.99% F FE F"_F2.-(W 12 . 'F"--, F4_ � ���
�-
16-20.99%. . _ 5I�' _. �� _,..
21-25.99%° 3 4� a-44
26-30.0% .....___._ I`* _F14-4
_.
(d) Group Quarters: The maximum population density for group quarters shall be as
follows:
Maximum Population
Density
Low density 22 persons/net acre*
multifamily
residential
High density 36 persons/net acre*
multifamily
residential
*For skilled nursing facilities where residents are primarily nonambulatory, the following
maximum bed/net acre densities may be permitted, subject to planning commission
conditional use permit approval:
RMF-10 District Thirty-four(34) beds per net
acre
RMF-16 District Fifty-five (55) beds per net
acre
Such approval shall require a finding that the average daily traffic generated by the
project would not exceed that of a multifamily project. The project would be further
subject to the "percentage coverage" constraints of Section 9-3.176 (a) of the district.
Off-street parking requirements would be as established by the planning commission.
City of Atascadero
Ordinance No.457
Page 4 of 6
(e) Sewer service. Sewer service and the inclusion of property within the urban services
line (USL) shall be a prerequisite to developing multiple family projects to the density
standards of the RMF zone. RMF-zoned properties outside of the urban services areas
shall develop in accordance with the standards of the RS Residential Suburban District.
(f) Density Bonus. A density bonus of up to twenty-five (2535%) percent may be granted
through Conditional Use Permit approval in exchange for provision of the following in
accordance with Government Code Section 65915:
10% of the base density units for very low-income households;
or,
(2)-; 20% of the base density units for low-income households: or,
(3) 50% of the base density units for aad-moderate income perse seniors.
gLln lieu of granting a density bonus, the Planning Commission shall consider other
bonus incentives allowable under Government Code Section 65915. (Ord. 194 § 2 (Exh.
A), 1989; Ord. 149 § 2 (part), 1987: Ord. 68 § 9-3.175, 1983)
9-3.176 Property development standards.
In addition to the standards specified in Chapter 4, general site and development
standards, the following development standards shall apply to mobile home 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.
(b) Enclosed Storage. Each dwelling unit shall be provided a minimum of one hundred
(100) squaF ubic 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 (1) covered parking space (carport or garage) shall be
required per dwelling unit of the total off-street parking required by Section 9-4.118.
(Ord. 149 § 2 (part), 1987)
(f) Laundry Facilities. Laundry facilities shall be provided in the form of either M
laundry hook-ups within each individual dwelling unit or (2) a shared laundry facility
equipped with washers and dryers.
City of Atascadero
Ordinance No.457
Page 5 of 6
(a) Appearance Review. All projects shall be consistent with the multi-family 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.
9-3.647 Establishment of Planned Development Overlay Zone No. 3: (PD3).
Planned Development Overlay Zone No. 3 is established as shown on the official
zoning maps (Section 9-1.102). The following modifications to development standards
are established:
(a) A minimum front setback of Meen-ten (4-510) feet shall be provided along the
frontage of all parcels. Setback shall apply to buildings, structures and parking areas
and shall be landscaped.
(b) Parcels, including lots with double frontage, which have frontage on Santa Ynez
Avenue, Amapoa Avenue, Navajoa Avenue and Atascadero Avenue with residentially
zoned property on the same or opposite side of the street, shall provide a twenty-five
(25) foot setback; provided, that the following may encroach not more than twelve and
one-half (12'/2) feet into the setback:
(1) A one-story building less than fifteen (15) feet in overall height when designed to
minimize visual impacts on adjacent residential uses;
(2) Parking when designated to minimize visual impacts on adjacent residential uses.
(c) Nonresidential uses shall not use local streets as the primary access to parking
areas except when it is determined that no other feasible means of access is available.
(d) Nonresidential uses shall incorporate suitable screening and design features into
plans in order to create a compatible relationship with adjacent residential uses. (Ord.
68 § 9-3-647, 1983)
SECTION 4. 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.
City of Atascadero
Ordinance No.457
Page 6 of 6
INTRODUCED at a regular meeting of the City Council held on July 27, 2004, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on August 24,
by the following roll call vote:
AYES: Council Members Clay, O'Malley,Pacas, Scalise and Mayor Luna
NOES: None
ABSTAIN: None
ABSENT: None
CITY OF TASCADE,R0
By;
Dr. Ge ge Luna, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Jerk
APPROVED AS TO FORM:
Thomas R. Gibson, Interim City Attorney