HomeMy WebLinkAboutOrdinance 074 y MEETINJk AGENDA
DATE ITEM
ORDINANCE NO. 74
AN ORDINANCE OF THE CITY OF ATASCADERO
PRECLUDING THE DEVELOPMENT OF SECOND OR
COMPANION RESIDENTIAL UNITS WITHIN SINGLE
FAMILY RESIDENTIAL ZONING DISTRICTS
WHEREAS, Section 65852. 2 of the Government Code of the State of
California provides a basis for cities to either elect to approve sec-
ond or companion residential units within the existing single family
' residential zoning districts as one means of increasing utilization of
housing resources, or adopt an ordinance precluding such units based
on specific findings that preclusion of such units might have a lim-
iting effect on regional housing opportunities and that inclusion of
' such units would have specific adverse impacts on the public' s health,
safety and welfare; and,
WHEREAS, the City of Atascadero has an adopted Housing Assistance
Plan that provides an outline for providing—housing to the low and
moderate income families of the City and Region and said Plan makes no
provisions for second or companion units; and,
' WHEREAS Title 9 (Zoning Regulations) of the Atascadero Municipal
Code provides for a density bonus through a Conditional Use Permit
' process for multi-family projects for up to and exceeding 25% of the
normal density allowed if units are provided for the targeted income
group; and,
' WHEREAS, the City of Atascadero has approximately 5,300 acres of
vacant residentially zoned land that is already fully subdivided that
' could be developed into more than 12,000 new single and multiple fam-
ily residential units in addition to underdeveloped multi-family
lots; and,
' WHEREAS, the Atascadero General Plan and Zoning Regulations
provide for single family residential areas that encourage single fam-
ily residential development on large lots in keeping with the City' s
' fully subdivided state, street pattern and the desired rural atmos-
phere of the community ; and,
WHEREAS, the Zoning Regulations provide for guesthouses as ac-
cessory uses within all single family residential zoning districts.
NOW, THEREFORE, the City Council of the City of Atascadero does
' hereby make the following findings:
1. The adoption of this Ordinance, pursuant to Government Code
' Section 658522 (c) , precluding second or companion units wit-
hin single family residential zoning districts may limit re-
gional housing opportunities.
Ordinance No. 74
2. This limitation on regional housing opportunities is justifi-
ed by foreseeable adverse effects on the public health, safe-
ty and welfare due to the City' s narrow streets, street pat-
tern, poor septic suitability and the overall rural atmos-
phere of the community.
3. This limitation on regional housing opportunities is to some
extent mitigated by the City' s commitment to affordable hous-
ing in the last three years as exemplified by its approval of
85 units of rental-assisted housing and 10 units subsidized
to facilitate "first-time home buyers" .
' 4. Title 9 (Zoning Regulations) provides for adequate housing
incentives in the form of density bonuses and guesthouse pro-
visions to provide for the housing needs of the community and
' the region.
5. The significant amount of vacant land within the City avail-
able for residential development can assist in providing for
housing needs of the community and the region.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Atascadero does hereby adopt this ordinance precluding the develop-
ment of second or companion residential units within single family
residential zoning districts.
' Section 1. Publication.
' The. City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero News, a
newspaper of general circulation, printed, published, and circulated
in the City in accordance with Section 36933 of the Government Code;
' shall certify the adopting and posting of this ordinance and shall
cause this ordinance and this certification together with proof of
posting to be entered into the Book of Ordinances of this City and
shall cause a copy of this ordinance to be sent to the California De-
partment of Housing and Community Development within 60 days of its
adoption.
Section 2. Effective Date.
This ordinance shall go into effect and be in full force and
' effect at 12:01 a.m. on the 31st day after its passage.
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CERTIFICATION
t
I, PATSY A. HESTER, Deputy City Clerk of the
City of Atascadero, hereby certify that the foregoing
is a true and correct copy of Ordinance No. 74
' adopted by the Atascadero City Council at a regular
meeting thereof held on January 9, 1984
Dated January 12, 1984
Q , )
rPATS A. ST ER, Deputy City Clerk
City of At scadero, California
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Ordinance No. 74
The foregoing ordinance was introduced on December 12 , 1983
and adopted at a regular meeting of the City Council held on
January 9 , 1984
AYES: Councilmen Molina, Nelson, Stover, Wilkins and Mayor Mackey
NOES: None
' ABSENT None
ZaRrJO XE MACKEY, Mayor
74:-T,:d
Fpl',S A. HE R, Deputy City Clerk
APPR V D AS T FORM:
ALLEN GRIMES, City Attorney
O COENT:
-.M WARDN,
Manager
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