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HomeMy WebLinkAboutOrdinance 469 CERTMCATION 4 Martie McClare Torgersun, QMC., City Clerk of the City of Atesoadvo, FenLy certify that the fneping is a true and wmwt copy of Osdimnw No. 469, adopted by dm Amscadero City Council m a regular meeting tlimofheld on Matcli 8, 2W5, and d it has been duly publislvA pursuant to State Iaw. Msrcu MCClore To:r gnsoq C.M.C. City ofA City of Ataaedero, California ORDINANCE NO. 469 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2004-0086 TO ESTABLISH PLANNED DEVELOPMENT OVERLAY DISTRICT #25 (Atascadero Ave/ Caliber Home Developments) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from Caliber Home Developments (317 Ocean View Ave, Pismo Beach, Ca 93449) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF-16 (Residential Multi-family - 16) to RMF-16/PD-25 (Residential Multi-Family-16 with Planned Development Overlay #25) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 0.85-acre site located at 6709, 6725, 6735 Atascadero Ave (APN 030-281-014, 015, 016); 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- 0050 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, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on January 18, 2005, studied and considered Zone Change 2004-0086, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, City of Atascadero Ordinance No.469 Page 2 of 5 WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on February 22, 2005, studied and considered Zone Change 2004-0086, after first studying and considering the Proposed 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-25 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 City Council of the City of Atascadero, in a regular session assembled on March 8, 2005 resolved to approve on second reading, by title only, an ordinance that would amend the City Zoning code text with the following: 9-3.670 Establishment of Planned Development Overlay Zone No. 25: (PD25). Planned Development Overlay Zone No. 25 may be established in Residential Multi- family zones. The maximum residential density within the planned development shall not exceed the densities allowed by the underlying zoning district and provisions of the Atascadero Municipal Code. The following development standards shall be met by all projects within the PD25 overlay zone: 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 Tentative Tract Map and any subsequent amendments for the site shall be consistent with an approved Master Plan of Development. 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. d) All proposed projects shall be no fewer than 4 residential units and no greater than 12 residential units. e) A parent lot or lots shall have frontage on a public street. f) Access off of the public street shall be designed as a parking court if the distance from the back of sidewalk to the terminus of the court is less than 150 feet and shall include the following elements: City of Atascadero Ordinance No.469 Page 3 of 5 L 16 feet paved width minimum (decorative concrete or pavers)with 2 foot shoulders of decorative paving (subject to Fire Department approval). ii. Decorative paving continuous throughout the parking court. iii. Address marker at the entrance to the court. Multiple parking courts can be joined providing that each court meets the above standards and that only one court per street access be established. g) Appearance of each dwelling unit, site landscaping, site development, and amenities shall be consistent with the Atascadero Appearance Review Manual. All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved. h) Building setbacks shall be as follows: Setback from public street frontage: 12 feet from right-of-way/back of sidewalk (whichever is greater) when minimum 6 foot landscape parkway provided. 18 feet from right-of-way/back of sidewalk (whichever is greater)when no parkway is provided. Porches can encroach up to 3 feet into the required setback. Setback from parking courtlinterior street: 8 feet to porch 10 feet to front of residence 10 feet minimum to garage (if one car garage proposed, the second parking space must be located in the driveway with a minimum length of 20 feet) 5 feet to side of residence Setback between buildings: 10 feet minimum (unless attached) Rear yard setback: 12 feet minimum i) Porches shall be provided for each unit. Porches shall be a minimum of 6 feet deep and a functional width. j) Residential units adjacent to a public street shall be oriented to the public street. k) A landscaped yard and/or an open space amenity feature shall be located at the terminus of the parking court/street.No garages or vehicle parking are permitted at the court/street terminus. 1) 300 square feet of private open space shall be provided for each unit with a minimum dimension of 12 feet. m) Each unit shall include the following: L 300 cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not count toward this requirement). City of Atascadero Ordinance No.469 Page 4 of 5 ii. Dedicated space for laundry facilities with hookups. n) All utilities, including electric,telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground. o) Engineered drainage detention basins shall be located within a common area. Multiple basins on individual lots shall not be permitted.All basins shall be landscaped, shall be no deeper than 2 feet, and shall be unfenced. No retaining walls or fencing shall be permitted within the basin area. p) Exterior walls or fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units. Fence posts shall be metal or pressure treated wood. Wood preservative/sealer shall be applied to fence panels. q) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. r) Trash shall be stored in individual garages or behind fenced areas on individual lots. Dedicated trash storage area shall be a minimum of 3'x 6' paved area. s) A minimum of one common decorative light shall be provided at the end of the parking court. t) Lot coverage shall not exceed 40%of the net lot area. u) A one-car garage (minimum 11' x 20') shall be required for attached residential units. A two-car garage (minimum 20' x 20) shall be required for detached residential units. v) The total number of parking spaces shall be provided as follows: i. 2 spaces per unit for units with less than 4 bedrooms. One additional space for each additional bedroom. All spaces must be located on the individual lot. H. Guest parking provided at a ratio of 1 space per every 3 units.* *Guest parking may not be located adjacent to the public street frontage. 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. SECTION 4. Effective Date. This ordinance shall be effective at 12:01 a.m. on the 31S`day after its passage. City of Atascadero Ordinance No.469 Page 5 of 5 INTRODUCED at a regular meeting of the City Council held on February 22, 2005, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on March 8, 2005,by the following roll call vote: AYES: Council Members Clay, Luna, O'Malley and Mayor Scalise NOES: None ABSTAIN: None ABSENT: Council Member Pacas CITY OF ATASC RO By: e y Scali s , ayor ATTEST: W Marcia McClure Torgerson, C.M.C., COY Clerk APPROED AS TO FORM: v Patric ; . E t, City Attorney