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HomeMy WebLinkAboutOrdinance 630.. r" ORDINANCE NO. 630 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING TITLE 99 ARTICLE 289 PLANNED DEVELOPMENT OVERLAY DISTRICT NO. 27 (9-3.672) GRAND OAKS MICRO COMMUNITY 4711 EL CAMINO REAL (APN 029-271-001) WHEREAS, an application has been received from Cal Coastal Holdings, LLC (242 El Dorado Way, Pismo Beach, CA 93449), Applicant, and Owner, to consider a Planned Development amendment, a revised Master Plan of Development (Conditional Use Permit), and a new Vesting Tentative Tract Map; and WHEREAS, the site's current General Plan Land Use Designation is High Density Residential (HDR) and General Commercial (GC); and WHEREAS, the site's current Zoning Designation is Residential Multi -Family (RMF -24) and Commercial Retail (CR) with a Planned Development No.27 (PD -27) Overlay; 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, 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, the Planning Commission has determined that it is in the best interest of the City to enact an amendment to the Zoning Code Text and official Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development through the use of a Planned Development Overlay Zone; and WHEREAS, General Plan policy 3.1 allows for mixed-use or exclusively multi -family residential infill development in the mid -block General Commercial areas along El Camino Real; and WHEREAS, a timely and properly noticed Public Hearing upon the subject 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 and map amendments, and WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held 0 on October 1, 2019, studied and considered an amendment to Planned Development Overlay Zone No. 27, after first studying and considering the proposed Mitigated Negative Declaration prepared for the project; and City of Atascadero Ordinance No. 630 Page 2 of 5 WHEREAS, the Planning Commission of the City of Atascadero has recommended approval of the amendment to Planned Development Overlay Zone No. 27; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning text amendments; and, WHEREAS, the Atascadero City Council, at a Public Hearing held on November 12, 2019, studied the Planning Commission's recommendation and considered the proposed zoning text amendments. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Facts and Findings. The City Council makes the following findings, determinations and approvals with respect to the Municipal Code Amendments: A. Findings for Approval of a Zone Text Change FINDING: The Planning and Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. n FACT: The proposed zone text amendments align the code requirements with the it vision, intent, and policies of the adopted General Plan. FINDING: This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. FACT: The proposed text amendment provides for orderly development within the Commercial zoning districts in accordance with the adopted General Plan. FINDING: The Text Change will not, in itself, result in significant environmental impacts. FACT: The proposed text changes are minor and do not trigger any environmental impacts. FINDING: Modification of development standards or processing requirements of the Zoning Ordinance through the PD overlay is warranted to promote orderly and harmonious development. FACT: The PD -27 established development standards that promote a cohesive neighborhood development and ensure that City goals related to traffic mitigation, aesthetic character, inclusionary housing, and pedestrian connectivity, among others, are achieved. Minor modifications to the PD -27 zone text are currently proposed. City of Atascadero Ordinance No. 630 Page 3 of 5 FINDING: Modification of development standards or processing requirements of the zoning ordinance through the PD overlay will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. FACT: The Planned Development 27 overlay text modifies standard development requirements to allow for a mixed-use residential and commercial project. Modified standards for the development enable the unit count and site design as proposed by the applicant. FINDING: Benefits derived from the Planned Development Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements. FACT: The Planned Development Overlay Zone 27 ensures that development within the area provide certain benefit as identified by Council Policy. Development under the PD -27 standards will maintain and enhance neighborhood character and provide transition between commercial and single-family uses. FINDING: Proposed plans offer certain redeeming features to compensate for requested modifications of the Planned Development Overlay Zone. FACT: City Council Planned Development Policy requires project benefits such as affordable inclusionary housing, pocket parks, and high quality landscape and architecture in exchange for modified development standards. As conditioned, the project satisfies these requirements. SECTION 3. Approval. The City Council of the City of Atascadero, in a regular session assembled on November 12, 2019, resolved to introduce for first reading by title only, an Ordinance that will modify PD -27 zoning text consistent with the following: 9-3.672 Establishment of Planned Development Overlay Zone No. 27: (PD -27). Planned Development Overlay Zone No. 27 is established as shown on the Official Zoning Maps (Section 9-1.102). A Planned Development Overlay Zone No. 27 is established on parcel APN 029-271-001 with a combined gross acreage of 1.71 acres. The maximum residential density within the planned development shall not exceed thirty (30) residential units. The development standards contained within the master plan of development document, 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 (TR 3141) and any subsequent amendments for the site shall be consistent with the 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) 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. (e) Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development. City of Atascadero Ordinance No. 630 Page 4of5 (f) All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved. (g) 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. (h) The property will retain the Commercial Retail zoning district designation. The following allowable uses are proposed for this district within the PD -27 overlay zone for the live/work spaces and community building: (1) Food and beverage retail sales; (2) Furniture, home furnishings and equipment; (3) General merchandise stores; (4) Mail order and vending; (5) Temporary or seasonal sales; (6) Financial services; (7) Offices; (8) Temporary offices; (9) Personal services; (10) Light repair services; (1 1) Membership organizations; (12) Business support services, where all areas of use are located within a building; (13) Libraries and museums; (14) Temporary events. (15) Tasting Room (16) Artisan Foods and Products (17) Small Family Day Care (18) Research and development (19) Printing and Publishing (i) The conditional uses will be as follows: (1) Public Assembly and Entertainment (2) Microbrewery/Brewpub (3) Schools—business and vocational; (4) Schools; 0) No open parking spaces shall be reserved for any commercial or residential tenant with the exception of the tandem spaces. (k) The common lot shall be maintained as a common use parcel for all residential tenants. No fencing or other barrier shall be constructed which hinders pedestrian access to each residential lot or which limits the ability for a residential owner to provide basic utility services to their property. (1) 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 4. CEOA. The project was determined to be consistent with previously certified Mitigated Negative Declaration 2005-0063. SECTION 5. Interpretation. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 6. Preservation. Repeal of any provision of the AMC or of any previous Code I I Sections, does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's City of Ataseadero Ordinance No. 630 Page 5 of 5 effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 7. Effect of Invalidation. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the AMC or other City Ordinance by this Ordinance will be rendered void and cause such previous AMC provision or other City Ordinance to remain in full force and effect for all purposes. SECTION 8. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 9. Notice. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Atascadero's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 10. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption. PER INTRODUCED at a regular meeting of the City Council held on November 12, 2019, and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California, on November 26, 2019. ST L nse t WICJerk APPROVED AS TO FORM: l \ f Brian A. Pierik, City Attorney P-% CITY OF ATASCADERO itit�e v --CA, . Heather Moreno, Mayor STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss CITY OF ATASCADERO ) I, LARA K. CHRISTENSEN, City Clerk of the City of Atascadero, DO HEREBY CERTIFY that Ordinance No. 630 was duly introduced at a regular meeting held November 12, 2019 and adopted at a regular meeting of the City Council held on the 26th day of November, 2019 by the following roll call vote, to wit: AYES: Council Members Bourbeau, Fonzi, Funk, Newsom and Mayor Moreno NOES: None ABSENT: None I hereby certify that the foregoing is the original of Ordinance No. 630 duly passed and adopted by the Atascadero City Council at their regular meeting held on November 26, 2019 and that summaries of the Ordinance were -published on November 15, 2019 and December 2, 2019 in The Tribune newspaper.