HomeMy WebLinkAboutOrdinance 465 CERTIFICATION
1, Msrc McClure ToMernon, C.M.C., City Clerk of the City of Ateacadero, hemby
e fy dat the foregoing is a true and correct copy Of Ordinance No. 665, adopted by the
Atssco&oo City Council maregularmwt gW ofA idoa Onober26, 20 ,aMthatithasb=
duly published pursuant to S law.
DATER
MewlsM Wm Tocgersos,C.M.C.
city Clerk
City of Atsscadero, Cati6isma
ORDINANCE 465
ORDINANCE OF THE CITY COUCNIL
OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE
ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE
2003-0070 TO ESTABLISH PLANNED DEVELOPMENT OVERLAY
DISTRICT #24 FOR USE IN THE CR (COMMERCIAL RETAIL) AND RMF-
10 (RESIDENTIAL MULTI-FAMILY-10) ZONING DISTRICTS ON
APN 030-491-013, 105, 018, 001
(9105 Principal Avenue/ WestPac Investments)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from WestPac Investments (805 Aerovista
Place, Suite 202, San Luis Obispo, CA 93401) Applicant and Donald Messer, Thomas and Janice
McNamara, William McNamara, (P.O. Box 1958, Atascadero, CA 93423), Property Owners, to
consider a project consisting of a General Plan Amendment from GC (General Commercial) to
GC/MDR (General commercial/Medium Density Residential) and Zone Change from CR
(Commercial Retail) to CR/RMF-10/PD-24 (Commercial Retail/Residential Multi-Family-10
with Planned Development Overlay #24) with corresponding Master Plan of Development and
Vesting Tentative Tract Map on a 5.52-acre site located at 9105 Principal Avenue (APN 030-
491-013, 015, 018, 001); and,
WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of
Planned Development Overlay Zones 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 2004-0024 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 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 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 text
amendments; and,
City of Atascadero
Ordinance No.465
Page 2 of 4
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on September 21, 2004, studied and considered Zone Change 2003-0070, after first studying
and considering the Draft Mitigated Negative Declaration prepared for the project, and,
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on
October 12, 2004, studied and considered Zone Change 2003-0070, 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 Text Change Creating a PD-24
Planned Development Overlav 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 City Council of the City of Atascadero, in a regular
session assembled on October 26, 2004 resolved to approve on second reading by title only, an
ordinance that would amend the City Zoning code text with the following:
9-3.669 Establishment of Planned Development Overlay Zone No. 24: (PD24).
Planned Development Overlay Zone No. 24 is established as shown on the Official Zoning Maps
(Section 9-1.102). A Planned Development Overlay Zone No. 24 is established on parcels APN
030-491-013, 15-18, 001 with a combined gross acreage of 5.32-acres. The maximum
residential density within the planned development shall not exceed 45 residential units plus a
maximum of 4 residential units on the adjacent Messer property (030-491-001), subject to the
densities allowed by the underlying RMF-10 zoning district. The development standards
contained within the Master Plan of Development Document (CUP 2003-0117), as conditioned
shall be applied to all future development within the project area, and as follows:
a) All site development shall require the approval of a Master Plan of Development. All
construction and development shall conform to the approved Master Plan of Development, as
conditioned.
b) The Vesting Tentative Tract Map TTM 2003-0044 and any subsequent amendments for the
site shall be consistent with CUP 2003-0117. All construction and development shall conform
to the approved Master Plan of Development, as conditioned.
c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent
with the approved Master Plan of Development.
City of Atascadero
Ordinance No.465
Page 3 of 4
d) 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.
Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the
approved Master Plan of Development:
e) All landscaping shown on the approved landscape plan will be installed by the developer and
shall be maintained as approved.
f) All utilities, including electric,telephone and cable, along the frontage of, and within the PD
and along the project frontages shall be installed and/or relocated underground.
g) The commercial center will retain the Commercial Retail zoning district designation. The
following allowable uses are proposed for this district within the PD-24 overlay zone:
1. Residential Multi-Family(second floor only)
2. Broadcast studios;
3. Building materials and hardware (indoor only)
4. Food and beverage retail sales;
5. Furniture, home furnishings and equipment;
6. General merchandise stores;
7. Mail order and vending;
8. Temporary or seasonal sales
9. Financial services;
10. Health care services;
11. Offices;
12. Small scale manufacturing;
13. Temporary offices
14. Personal services;
15. Light repair services;
16. Eating and drinking places;
17. Membership organizations;
18. Horticultural specialties
19. Schools--business and vocational
20. Business support services, where all areas of use are located within a building;
21. Farm equipment and supplies (indoor only);
22. Funeral services;
23. Schools
24. Utility service center;
25. Libraries and museums;
26. Temporary events
h) The conditional uses will be consistent with those listed for the underlying Commercial Retail
zone.
i) All residential and commercial uses shall be consistent with the requirements of the
underlying zoning district except as allowed by the Master Plan of Development.
j) All trees shown to be protected on the approved Master Plan of Development shall be
maintained. Any future tree removal shall require approval per the requirements set forth in
the Atascadero native Tree Ordinance.
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;
City of Atascadero
Ordinance No.465
Page 4 of 4
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.
INTRODUCED at a regular meeting of the City Council held on October 12, 2004, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
October 26, 2004,by the following roll call vote:
AYES: Council Members Clay, O'Malley and Scalise
NOES: Council Member Pacas and Mayor Luna
ABSTAIN: None
ABSENT: None
CADr.
ATASC1
7
B
eot e Luna, Mayor
ATTEST:
O tl !r/
Marcia McClure'Torgerson, C.M.C., C' Clerk
APPROVED AS TO FORM:
Thomas R. Gibson, Interim City Attorney