HomeMy WebLinkAboutOrdinance 462 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. 462 adopted by the Atascadero City Council at a regular meeting
thereof held on September 28, 2004 and that it has been duly published
pursuant to State Law.
DATED: Z 1 —rJ '� CtA- �f
Marcia McClure Torgerson, C.M. .
City Clerk
City of Atascadero, California
ORDINANCE NO. 462
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO
MUNICIPAL CODE BY APPROVING A TEXT AMENDMENT TO
EXISTING PLANNED DEVELOPMENT OVERLAY
ZONE-12 (ZCH 2003-0049)
(Dove Creek /Bermant Development Company)
WHEREAS, an application has been received from Bermant Development Company
(5383 Hollister Ave, Suite 150, Santa Barbara, CA 93111) applicant to consider a project
consisting of a Zone Change from CR (Commercial Retail) to CR/RMF-10/PD-23 (Commercial
Retail/Residential Multi-family-10/Planned Development Overlay-23) on a 63.3-acre site located
at Santa Barbara Rd and El Camino Real, Atascadero, CA 93422 (APN 045-342-003,045-381-
010, 045-381-007, 045-381-009, 045-331-002, 045-331-004, 045-331-008, 045-331-001, 045-
342-005, 045-342-004, 045-342-013, 045-342-001, 045-342-008, 045-342-002, 045-352-005);
and,
WHEREAS, the site's General Plan Designation is (MU) Mixed-Use; and,
WHEREAS, the site's current zoning district is CR (Commercial Retail); and,
WHEREAS, the General Plan has designated the project site as an area requiring a
comprehensive master plan in order to minimize environmental impacts and maximize
community compatibility (General Plan Table II-5) and 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 2004-0026 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 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 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,
City of Atascadero
Ordinance No.462
Page 2 of 5
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on August 17, 2004 and the City Council at a Public Hearing on September 14, 2004,
studied and considered Zone Text Change 2003-0049, after first studying and considering the
Draft Mitigated Negative Declaration prepared for the project, and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of a Zone Change Establishing Planned
Development Overlay Zone-12 Code Text. 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 September 28, 2004 resolved to approve an ordinance that would amend the City Zoning
ordinance with the following:
9-3.657 Planned Development Overlay Zone No. 12: (PD-12).
9-3.657. Establishment of Planned Development Overlay Zone No. 12 (PD 12). Planned Development
Overlay Zone No. 12 is established as shown on the Official Zoning Maps (Section 9-1.102). A Planned
Development Overlay Zone No. 12 is established on parcels APNs 045-342-003,045-381-010,045-381-007,
045-381-009 045-331-002 045-331-004 045-331-008 045-331-001 045-342-005 045-342-004 045-342-013 045-
342-001,045-342-008,045-342-002,045-352-005 with a combined gross acreage of 63.3 acres. The maximum
residential density within the planned development shall not exceed 279 residential units. A minimum of
6.31 acres of commercial retail use and 27.7 acres of common and natural open space on the 63.3-acre
proiect site shall be provided. The development standards contained within the Master Plan of
Development Document(CUP 2003-0099), as conditioned shall be applied to all future development
within the project area, and as follows:
4. All physiGal clevelopmeRt of the site shail n-e-Rform to an appFeved Master Plan of -nevelopment.
AR appliGation for-A Maister Pawn of -Pevelepmem shall be rnad-e in the same form as that
Development. These stud'es sh';;I' delineate peteRtial wetland- establish suit-ah-le
MpFeyemeRts-.
City of Atascadero
Ordinance No.462
Page 3 of 5
5. A speGifffiG neese modeling analysis prepared as paFt of the Maasteu Plan of Development shall
e�ater+e4s:
uses.
2. TepegFaphiGal Ghanger,along Highway 104 shall -bemimmmizad-.
4.
(a)The Vesting Tentative Tract Map TTM 2003-0033 and any subsequent amendments for the
site shall be consistent with CUP 2003-0099. 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)The commercial area, residential dwelling units, 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)Alterations or additions to established dwelling units shall be subject to the density and
development standards of the Master Plan of Development.
(f) Subsequent amendments to the Master Plan of Development shall be approved by City
Council Resolution.
(g) The commercial center will retain the Commercial Retail zoning district designation. The
following allowable uses are proposed for this district within the PD-12 overlay zone:
(a) Broadcast studios;
(b) Building materials and hardware (indoor only)
(c) Food and beverage retail sales;
(d) Furniture, home furnishings and equipment;
(e) General merchandise stores;
City of Atascadero
Ordinance No.462
Page 4 of 5
(f) Mail order and vending;
(g)Temporary or seasonal sales
(h) Financial services
(i Health care services;
Offices;
(k) Small scale manufacturing;
(1)Temporary offices
(m) Personal services;
(n) Light repair services;
(o) Eating and drinking places:
(p) Membership organizations;
(g) Horticultural specialties
(r) Schools--business and vocational
(s) Business support services, where all areas of use are located within a building;
(t) Farm equipment and supplies (indoor only):
(u) Fuel and ice dealers
(v) Hotels and motels:
W Skilled nursing facility
(x) Bed and breakfast:
(y Funeral services;
(z) Schools
(aa) Utility service center;
(bb) Libraries and museums;
(cc)Temporary events
All residential and Open Space use shall be consistent with the requirements of the underlying zoning
district except as allowed by the Master Plan of Development.
SECTION 3. 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.462
Page 5 of 5
INTRODUCED at a regular meeting of the City Council held on September 14, 2004, and
ADOPTED by the City Council of the City of Atascadero, State of California, on September 28,
2004,by the following roll call vote:
AYES: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
NOES: None
ABSTAIN: None
ABSENT: None
ADOPTED: September 28, 2004
CIAOTASCADERO, CA
Byrge Luna,Mayor
ATTEST:
Marcia McClure McClure Torgerson, C.M.C.,City rk
APPROVED AS TO FORM:
Thomas R. Gibson, Interim City Attorney