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Home My WebLink AboutOrdinance 149 ORDINANCE NO. 149 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE TEXT RELATIVE TO RESIDENTIAL MULTIPLE FAMILY ZONE STANDARDS AND FINDINGS REQUIRED FOR PRECISE PLAN APPROVAL (CITY OF ATASCADERO: ZC 3-87) WHEREAS, the proposed Zoning Ordinance amendment proposes stand- ards consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800, et seq. , of the California Government Code concerning Zoning Regulations; and WHEREAS, the proposed amendment will not have a significant ad- verse effect upon the environment and preparation of an Environmental Impact Report is not necessary; and WHEREAS, the Atascadero Planning Commission held a public hearing on February 17, 1987, and has recommended approval of Zoning Ordinance Text Amendment NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposed zoning text amendment would be in compliance with the City of Atascadero' s General Plan. 2. Pursuant to the California Environmental Quality Act, the Negative Declaration granted the project by the Community Development Director is appropriate. Section 2. Zoning Text Change. Zoning Ordinance Text Amendment 3-87 is approved to change the text of the Zoning Ordinance as shown in the attached Exhibit A, which is hereby made a part of this Ordinance by reference. Section 3. 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. r i Ordinance 149 Page Two Section 4. Effective Date. This ordinance shall go into effect and be in full force and ef- fect at 12:01 a.m. on the 31st day after its passage. COUNCILWOMAN On motion by BORGESON and seconded by COUNCILWOMAN NORRIS , the foregoing ordinance is hereby adopted in its en- tirety by the following roll call vote: AYES: COUNCIL14EMBERS BORGESON, HANDSITY, NORRIS AND MAYOR MACKEY NOES: NONE ABSENT: NONE DATE ADOPTED: 4/14/87 CITY OF ATASCADERO, CALIFORNI MARJ IE R. MACKEY, May r ATTEST 9 BOYD HARITZ, City erk APPROVED AS TO CONTENT; L �AU7 MICHAEL SHELTON, City Manager APPROVED AS TO ORM: #FEY J EN N, City Attorney D B HENRY ENGEN, Community De elopment irector ---- = deleted language EXHIBIT A RMF (Residential Multiple Family) Zone 9-3.171. Purpose: This zone is established to provide for apart- ment, condominium and townhouse development where higher density resi- dential development is desired within the Urban Services Line. 9-3.172. Allowable Uses: The following uses shall be allowed in the Residential Multiple Family Zone. The establishment of allowable uses shall be as provided by Section 9-2.107 (Plot Plans) and Section 9-2.108 (Precise Plans) : (a) Single family dwelling (b) Residential accessory uses (See Section 9-6.106) (c) Accessory Storage (See Section 9-6.103) (d) Home occupations (See Section 9-6.105) (e) Collection station (See Section 9-6.130) (f) Multiple family dwellings (g) Temporary dwelling (See Section 9-6.176) (h) Utility transmission facilities (i) Residential care (See Section 9-6.135) (j ) Temporary Events (See ,Section 9-6.177) 9-3.173. Conditional Uses: The following uses may be allowed in the Residential Multiple Family Zone. The establishment of condi- tional uses shall be as provided by Section 9-2.109 (Conditional Use Permits) : (a) Churches and related activities (See Section 9-6.121) (b) Schools (See Section 9-6.125) (c) Mobilehome developments (See Section 9-6.143) (d) Organizational Houses (e) Pipelines (f) Farm Animal Raising (See Section 9-6 .112) (g) Retirement hotel 3-21 PAGE ONE 0 ADOPTED JUNE 27, 198 (h) Bed and Breakfast (i) SKILLED NURSING FACILITY (see Section 9-6.134) (j) The following uses where established in a residential structure of historical importance: (1) Broadcasting Studios (2) Business Support Services (3) Libraries and museums (4) Offices (5) Personal Services (6) School-business and vocational 9-3.174. Lot Size: The minimum lot size in the Residential Mul- tiple Family Zone shall be one-half acre. Smaller lot sizes may be allowed for planned residential developments, including condominiums and mobilehome developments, provided that the overall density within the project conforms with Section 9-3.175 (Density) . I 9-3.175. Density: The maximum allowable density in the Resi- dential Multiple Family Zone shall be designated on the Official Zoning Maps as provided by Section 9-3.104 (c) and be established in accordance with the General Plan as follows: (a Areas Designated Low Density Multiple Family Residential• The maximum number of dwelling units per net acre is as follows: Number Of Dwelling Bedrooms Units/Acre 1 10 .0 2 7.5 3 5.0 4+ 3.8 (b) Areas Designated Hi h Density- Multiple Family Residential• The maximum number of dwelling units per net acre is as follows: Number Of Dwelling Bedrooms Units/Acre 1 16 2 12 3 8 (c) Hillside Density Standards. The maximum densities per- mit e y Subsections a and (b) above, shall be modified to the following maximums based on site topography, as follows: Average Low Density Multiple Family High Density Multiple Family Slope 1BR 2BR 3BR 4BR+ 1BR -2BR 3BR 4BR+ 0-10% 10 7. 50 5.0 3. 80 16 12.0 8.0 6.0 11-15% 7 5.25 3. 5 2. 66 12 8.4 5.6 4. 2 16-20% 5 3.75 2.5 1.90 8 5.6 3.7 2.8 21-25% 3 2.75 1.5 1.14 6 4.2 2. 8 2. 1 26-30% 2 1. 50 1.0 0.75 4 2.8 1.8 1.4 31%+UP 1 0.7-5 0.5 - 0.38 2 1.4 0.9 0.7 (d) GROUP QUARTERS : THE MAXIMUM POPULATION DENSITY FOR GROUP QUARTERS SHALL BE AS FOLLOWS: MAXIMUM POPULATION DENSITY LOW DENSITY MULTIPLE FAMILY RESIDENTIAL 22 PERSONS/NET ACRE HIGH DENSITY MULTIPLE 36 PERSONS/NET ACRE FAMILY (e) SEWER SERVICE. SEWER SERVICE AND THE INCLUSION OF PROPERTY WITHIN THE URBAN SERVICES LINE (USL) SHALL BE A PREREQUI- SITE TO DEVELOPING MULTIPLE FAMILY PROJECTS TO THE DENSITY STANDARDS OF THE RMF ZONE. RMF-ZONED PROPERTIES OUTSIDE OF THE URBAN SERVICES AREAS SHALL DEVELOP IN ACCORDANCE WITH THE STANDARDS OF THE RS RESIDENTIAL SUBURBAN DISTRICT. (f) ' Density Bonus : A density bonus OF UP TO 25% may be granted through Conditional Use Permit approval IN EXCHANGE FOR , PROVISION OF where-adequate-previsieas-are-made-te-p-Eevide d.wellimg-units-whiek-are affordable HOUSING to low and moderate income persons . The-gramtiag-ef-a-density-beaus shall-be-geverned-by-eke-fellewixg- ADOPTED JUNE 27, 1983 -El}--Aaiet�nt-a€-Senas-- -E}}--the-�xa�iait�ea-dens€ty-bents-shall-be-25'x-e�eept- when-a-greate3F-benus-ia-allewed-by-S-abseetien- ��}}-ef-this-Seetien: f}i}---Tie-at}�tber-e€-snits-a��awed-by-these-boners-prfl�ri-- siexis-sl�ail-net-be-less-thus,-�iut-�►ay-e�eeed�- lie actual-number®f-dwe��iag-ua��s-p�o�►�ded-�o�- lie- �a�ge�ed-}see�xe-g�exg*- � i i�--The-ameun�-®�-the-Mess}�y-beaus-stay-be-ad�es�ed-�'- tlao-Eian�isg-Ccm�uissien-}s-e��1e�-�a-aeeo�t�a��s�i-- gea�s-arid-ebjeetives-set-Perth-in-the-Housing-�3e-- ment-of-the-General-Planr- f2}--Reqs}iced-Pixdixgs:--the-€eliewing-additional-findings- shali-be-made-for-any-project-receiving-a-density- benust- i {}}--The-projeet;-prior-to-the-granting-of-the-density;- Hent�s;-shah-eonsist-of-a-minimum-of-four-dweii.ing-f gaits: fii}--The-dwelling-units-aiiowed-b the-bonus-shah-be g y avaiiabie-te-the-targeted-income-group-for-a-mini mum-a€-€ifteen-f}5�-yearsr- fiii}--Per€ormanee-and-management-guarantees-have-been p�o�}ded-whisk-dex�enstrate-eentint�ed-avaiiai�i3ity- e€-dwelling-units-€er-the-targeted-ineeme-group-a3- gr-gvided-by-Subseetiea-{ii}-ef-this-Seetion: E}�}--�l�e-graat�ng-o€-a-�ensit�-l�ent�s-will-serve-to-sup-- por-b-goals-and-ob�eetives-set-ferth-in-the-Housing Rl-ement-ef-the-GeRerai-Plan- (3) Alternatives-te-Density-Senus . In lieu of granting a density bonus , the Planning Commission shall consider other bonus incentives allowable under Government Code Section 65915. Tke-grantia.g-ef-a-deiisity-bends-lees- ae€-p-Eeelude-eensideratien-ef-these;-ey-ether;-beiqus ineenfives: t PAGE FOUR ,. • 0 9-3. 176. PROPERTY DEVELOPMENT STANDARDS. IN ADDITION TO THE STAND- ARDS SPECIFIED IN CHAPTER 4, GENERAL SITE AND DEVELOPMENT STANDARDS, THE FOLLOWING DEVELOPMENT STANDARDS SHALL APPLY TO MOBILE HOME AND MULTIPLE FAMILY RESIDENTIAL PROJECTS: (a) PERCENT COVERAGE. THE MAXIMUM PERCENT OF A LOT THAT MAY BE COVERED BY STRUCTURES (EXCLUDING DECKS LESS THAN 30 INCHES FROM THE GROUND) SHALL BE 40% FOR LOW DENSITY MULTIPLE FAMILY PROJECTS AND 50% FOR HIGH DENSITY MULTIPLE FAMILY PROJECTS. (b) ENCLOSED STORAGE. EACH DWELLING UNIT SHALL BE PROVIDED A MINIMUM 5F '100 SQUARE FEET OF ENCLOSED STORAGE SPACE, EX- CLUSIVE OF CLOSETS, WHICH 14AY BE LOCATED IN EITHER A PRIN- CIPAL OR ACCESSORY BUILDING. (c) OUTDOOR RECREATION AREAS. FOR DEVELOPMENTS OF 4-7 DWELL- ING UNITS, OUTDOOR RECREATIONAL OPEN SPACE SHALL BE PROVIDED AT A RATIO OF 300 SQUARE FEET PER UNIT. THIS OPEN SPACE MAY BE PROVIDED EITHER AS (1) A PRIVATE AMENITY DESIGNED FOR EXCLUSIVE USE OF A DWELLING UNIT OR (2) AS COMMON OPEN SPACE PROVIDED THAT NO INDIVIDUAL OPEN SPACE IS LESS THAN 1,000 SQUARE FEET. FOR DEVELOPMENTS OF 8 OR MORE DWELLING UNITS, OUTDOOR RECREATIONAL OPEN SPACE SHALL BE PROVIDED AT A RATIO OF 300 SQUARE FEET PER UNIT. THIS COMMON OPEN SPACE MAY BE PROVIDED IN MORE THAN ONE LOCATION PROVIDED THAT NO INDIVIDUAL OPEN SPACE AREA IS LESS THAN 19000 SQUARE FEET. (d) SCREENING WALL. A SOLID WALL OR FENCE NOT LESS THAN SIX FEET IN HEIGHT SHALL BE PLACED AND MAINTAINED ON INTERIOR LOT LINES ABUTTING PROPERTY ZONED FOR SINGLE FAMILY RESI- DENTIAL USE. (e) COVERED PARKING. ONE (1) _COVERED PARKING SPACE (CARPORT OR GARAGE) SHALL BE REQUIRLD PER DWELLING UNIT OF THE TOTAL OFF-STREET SPACES REQUIRED BY SECTION 9-4. 118. PAGE FIVE 1-0 ZONING EXCE T - TANDEM PARKING ADOPTED JUNE 27, 1983 (4) -Off Points Required: Parking areas for pu assem facilities shall include a design on-site location oopping off passengers an entrance to the facility in nce of parkpiag the vehicle. Drop-- off points are to be p for : hotels and motels; schools with 50 or Stu churches with a capa- city of 100 or e; restaurants w a capacity of 50 or more omers; public for minals; pl of public assembly; public buildings; _a6�ffices arger than 5,000 square feet. 14. 111 (5) Tandem Parking: Each space in a parking lot, area or garage is to be individually accessible, except that automobiles may be parked in tandem in the following situations: (i) In a parking area serving a single family dwelling, OR individual mobilehome GF-multi-family-dwellingT where the tandem parking is not more than two cars in depth; provided that both spaces are for the same dwelling, and are not located in a required front setback. (ii) In a public garage or public parking area where all parking is performed by attendants at all times, or for public assembly facilities and temporary events where user arrivals and departures are simultaneous and where parking is attendant-directed. (iii) For all-day employee parking lots restricted to em- ployee use, provided that required aisle widths are maintained, and no more than 50% of the employee spaces are designed for tandem use. 9- 18. Required Number of Parking Spaces: All land uses re quirin proval under this Title shall provide off-street rking spaces as cified in Subsection b and c of this Sect' (a) Use of Cha The charts in Subsect' c of this Section determine the. ber of parking s ces required for each use of land, as follow (1) Uses Not Listed: or es not specifically listed in this Subsect ' n that do no ave parking requirements set by C ter 9-6 (Special Us , the same parking and loa g space is required as for t most similar use of uivalent intensity; except where a u not listed re- quires Conditional Use Permit approval, in ich case the amount of parking and loading space-requir shall be as determined by the Planning Commission: PAGE S I X f ZONING EXC - PRECISE PLAN ADOPTED JUNE 27, 1983 FINDINGS (iii) Areas in excess of 30% slope may be designated s such and contours omitted, unless propos for grading, construction or other alteration. (6) S lementar Develo ment Statement. Sha include a phase schedule for project construct' if one is pro- posed an identification of any ar proposed to be reserved a maintained as comm o open space. Applica- tions for Spe ' 1 uses (Chapte -6) shall include ex- planation of h the ap cable provisions of Chapter 9-6 will be met. (b) Precise Plan Processin Preci Plan applications shall be submitted to t Planning artment and shall be pro- cessed as;- follows- (1) Enviro ntal Determination. A Preci Plan applica- tio accepted for processing as set th in Section 9 .102 (Determination of Completeness) sha receive an environmental determination as required by the alifor- nia Environmental Quality Act (CEQA) . The Planni De- partment shall process the application concurrently h the environmental determination. 9-2. 108(b) (2) Staff Report. The Planning Department shall prepare a Staff Report which: (i) Describes the characteristics of the proposed land use or development project, as well as the project site and its surroundings; and (ii) References applicable policies and regulations; and (iii) Determines whether the proposed use or project com- plies with the provisions of this Title; and (iv) Sets forth any findings required to support the decision. APPROVAL OR CONDITIONAL APPROVAL RE- QUIRES FINDINGS AS SET FORTH IN SECTION 9-2 . 109 (c) (4) FOR CONDITIONAL USE PERMITS. (v) Specifies any conditions necessary to assure com- pliance with this Title or the mitigated adverse environmental effects . (3) ' c Notice. After the staff report has b = pared, `a- ice shall be sent by fi ass mail with I postage prepaid"°^t 11 per, . os'e names and addresses appear on the last . assessment roll as owning p� m_�.- ' -y...:, p ies of the pro- property a to the exteri undar jec e. Additional notice ma be r ' , when ap- ropriate by the Planning Director. The notice 1 J 2-7 PAGE SEVEN ZONING EXCT CONDITIONAL ADOPTED JUNE 27, 1983 USE PERMIT (2) Additional Conditions. In addition to the conditions of Section 9-2.109 (c) (1) , the Planning Commission ay adopt other conditions, including but not limited t : Requiring that security be provided to arantee performance and/or compliance with c dtions of pproval, as set forth in Section 9-2. 2 (Guaran t s of Performance) ; (ii) Requi ing installation of specifi on-site or off- site i rovements; (iii) Requiring riodic review or imiting the permit to a specified eriod of time (iv) Requiring that a per t be personal to the- appli- cant or be applic 1 to the property; (v) Any other conditi s s are judged by the Planning Commission to b neces ry to achieve compatibility between the p posed use nd its site, its immedi- ate surroun ngs, and the mmunity. (3) Effect of Con itions. Whenever a nditional Use Per mit approva is granted or amended ubject to condi- tions, u or enjoyment of the Cond ional Use Permit approva in violation, or without obsery ce of any con- ditio shall constitute a violation of th ' title. In the event of such a violation, the approva may be re- vo d or modified as provided in Section 9-8. 5 (Revo tion of Approval and Forfeiture of Bonds) . a dura- tion of conditions is established in Section -2.119 (Lapse of Entitlement) Any change in the condi ions of approval of a Conditional Use Permit shall only be allowed after following all procedures undertaken f the original approval. 9-2f109(c) (4) 'Required Findings. If the Planning Commission ap- proves or conditionally approves a Conditional Use Per- mit, it shall first find that: (i) The proposedproject or use is consistent with the General Plan; and (ii) The proposed project or use satisfies all applica- ble provisions of this Title; and (iii) The establishment, and subsequent operation or con- duct of the use will not, because of the circum- stances and conditions applied in the particular 2-10 PAGE EIGHT f'� o ADOPTED JUNE 27, 1983 case, be detrimental to the health, safety or wel- fare of the general public or persons residing or working in the neighborhood of the use, or be det- rimental or injurious to property or improvements in the vicinity of the use; and (iv) That the proposed project or use will not be incon- sistent with the character of the immediate neigh- borhood or contrary to its orderly development; and (v) That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either ex- isting or to be improved in conjunction with the .:project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element; and (VI) ' THAT THE PROPOSED PROJECT IS IN COMPLIANCE WITH ANY PERTINENT CITY POLICY OR CRITERIA ADOPTED BY ORDINANCE OR RESOLUTION OF THE CITY COUNCIL; AND (vii) Any additional findings as deemed necessary. (d) Effective Date. The approval of a Conditional Use Permit shall become final and effective for the purposes of issuing a construction permit or establishing a non-structural use fourteen (14) days following Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111 (b) (Appeal - Planning Commis- sion Decisions) . .112. _ . Approved Plans. A land use or development project au ` thor ' ed through a zoning approval shall be developed or est, ' fished only as own on the project plans approved as part of t applica- tion. Dation of the project design or constr on from the approved plans ay occur only as follows: (a) Except asp ided by subsection (b) his section, a fea- ture of the us or project which ' subject to the standards of Chapters 9-4 d 9-6 ma a modified provided that the change requeste ' s i nformity with the standards of this Title. Such change, 11 be requested in writing with appropriate supporti: .mate ' als and explanation of the rea- sons for the reque ,.y6'The Plan ' ng Director may approve a requested chang ypSn verification,,,,iof its conformity with this Title, voided that such appro shall not modify the effective to of the approval (Section . .113) . (b) e case of a project feature which is subje' to condi- ',-, , Ons of approval of a Conditional Use Permit, or s a spe- cific consideration in the approval of a Conditional Per- mit, a new Conditional Use Permit approval shall be obta ' PAGE NINE 2-11 (�