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HomeMy WebLinkAboutOrdinance 476 CERTIFICATION 1, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No. 476, adopted by the Atascadero City Council at a regular meeting thereof held on May 24, 2005, and that it has been duly published pursuant to State Law. Marcia McClure Torgerson,C.M.C.5' City Clerk City of Atascadero, California ORDINANCE NO. 476 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2005-0096 AMENDING ATASCADERO MUNICIPAL CODE SECTION 9-3.660 TO PROHIBIT INGRESS AND EGRESS FOR LOTS WITHIN THE PD-15 OVERLAY ZONE ONTO SEPERADO AVENUE WITH THE EXCEPTION OF LOT #10 AND LOT #30. (City of Atascadero) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from the City of Atascadero (6905 El Camino Real, Suite 6, Atascadero,CA 93422), to consider a project consisting of a zone text change to prohibit ingress and egress for lots within the PD-15 overlay zone onto Separado Avenue with the exception of Lot#10 and Lot#30; and, WHEREAS, the text amendment is in substantial conformance to certified Mitigated Negative Declaration #99029, prepared for the PD-15 zone change, as prepared in accordance with the State and local guidelines for implementation 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 Ordinance to protect the health, safety and welfare of its citizens by applying orderly development of 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 Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 1, 2005, studied and considered Zone Change 2005-0096, after first studying and considering the certified Mitigated Negative Declaration prepared for the project; and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on May 10, 2005, studied and considered Zone Change 2005-0096, after first studying and considering the certified Mitigated Negative Declaration prepared for the project; and, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: City of Atascadero Ordinance No.476 Page 2 of 3 SECTION 1. Findings for Approval of Zone Text Change 2005-0096. 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 use of lands where such development standards are applicable. 3. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 4. The zone change will not, in itself,result in significant environmental impacts. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on May 24, 2005 resolved to approve on second reading, by title only, an ordinance that would amend the City Zoning code text with the following: 9-3.660 Establishment of Planned Development Overlay Zone No. 15: (PD1 5). Planned Development Overlay Zone No. 15 is established as shown on the official zoning map (Section 9-1.102). All development within the district shall be in conformance with the development standards and established herein: (a) Purpose. The purpose of the district is to allow the creative clustering of residential parcels to preserve sensitive environmental features and provide common open space by allowing lot size smaller than the underlying zone's minimum. (b) Development Standards. (1)The maximum density shall not exceed two (2) dwelling units for each gross acre of land. Individual lot sizes may be smaller provided the overall project density conforms to the specified maximum density. (2) Individual lot sizes shall be established in conjunction with a Tentative Tract Map and shall not be required to comply with the minimum lot size criteria for the Residential Single-Family one-half (1/2) Acre Minimum District (RSF-X), provided the overall density conforms to the specified maximum density. (3) City sewer service and water service from the Atascadero Mutual Water Company shall be provided to all residential lots. (4) In no case shall a residential lot size be less than one-quarter(%) acre, nor exceed a three- to-one (3:1) depth-to-width ratio. (5)A master plan of development shall be approved in conjunction with any Tentative Tract Map application. All subdivision improvements and subsequent development shall be consistent with the master plan of development.The master plan of development shall contain the following: (i)A site plan indicating land use, common open space, circulation, lot sizes, slopes, native trees and common landscape features; (ii) A statistical summary of the projects land uses and densities; (iii) A statement of project features that will provide a public benefit; (iv) Any special development standards that will be required of future development; (v) Individual building plans and elevations are not required. (6) Access. No lot shall take access from Seperado Avenue with exception to Lot 10 and Lot 30 to serve the primary residence. Secondary driveways on Lot 10 and 30 are prohibited. 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.476 Page 3 of 3 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 31St day after its passage. INTRODUCED at a regular meeting of the City Council held on May 10, 2005, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on May 24, 2005, by the following roll call vote: AYES: Council Members Clay, Pacas, Luna, O'Malley and Mayor Scalise NOES: None ABSTAIN: None ABSENT: None ADOPTED: May 24, 2005 CITY OF ATASC RO Wen Scali e ayor ATTEST: Marcia McClure Torgerson, C.M.C., 4y Clerk APPRQffD AS TQVORM: Patrice,. E t, City Attorney