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HomeMy WebLinkAboutOrdinance 634ORDINANCE NO. 634 i lAN ORDINANCE OF THE CITY COUNCIL i I OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING TITLE 9, CHAPTER 3 OF THE ATASCADERO MUNICIPAL CODE, APPROVING A ZONING TEXT CHANGE TO ESTABLISH PLANNED DEVELOPMENT OVERLAY ZONE NO. 36 (9-3.681) AND AMENDING THE OFFICIAL ZONING DISTRICT DESIGNATION FOR APN 031-231-003 FROM RESIDENTIAL MULTI -FAMILY - 10 (RMF -10) TO RESIDENTIAL MULTI -FAMILY -10 WITH A PLANNED DEVELOPMENT NO. 36 OVERLAY ZONING DESIGNATION (RMF -10 / PD36) 7900 CURBARIL AVENUE (APN 031-231-003) WHEREAS, an application has been received from Robert Mannon, Applicant, and Owner, to consider a Planned Development Zone Map and Text Amendment, a Master Plan of Development (Conditional Use Permit), and a Vesting Tentative Parcel Map; and WHEREAS, the site's current General Plan Land Use Designation is Medium Density Residential (MDR); and WHEREAS, the site's current Zoning Designation is Residential Multi -Family (RMF -10) which allows for a maximum density of 10 du/ac; and WHEREAS, Article 28 of the Atascadero Municipal Code (AMC) 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 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, 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 project; and I I WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on October 15, 2019, studied and considered Planned Development Overlay Zone No. 36; and City of Atascadero Ordinance No. 634 Page 2 of 4 WHEREAS, the Planning Commission of the City of Atascadero has recommended n approval of the Planned Development Overlay Zone No. 36; and Il JI 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. 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. Public Hearing. The City Council of the City of Atascadero, at a Public Hearing held on December 10, 2019, considered the proposed zoning map amendments. SECTION 3. Facts and Findings. The City Council makes the following findings, determinations and approvals with respect to the zoning map amendment: A. Findings for Approval of a Zone Text and Map Change FINDING: The Planning and Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. FACT: The proposed zone text amendments align the code requirements with the n vision, intent, and policies of the adopted General Plan. l 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 multi -family 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 Planned Development overlay is warranted to promote orderly and harmonious development. FACT: The PD -36 Overlay Zone establishes development standards that promote a cohesive neighborhood development and ensure that City goals related to aesthetic character, inclusionary housing, and high quality design, among others, are achieved. n FINDING: Modification of development standards or processing requirements of the Il JI Zoning Ordinance through the Planned Development Overlay will enhance the City of Atascadero Ordinance No. 634 Page 3 of 4 opportunity to best utilize special characteristics of an area and will have a beneficial I+ effect on the area. FACT: The Planned Development No. 36 Overlay Zone will allow for a small -lot single-family subdivision increasing homeownership opportunities in the City. 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 No. 36 ensures that development within the area provides certain benefits as identified by Council Policy. In addition, the Planned Development will allow for subdivision of the parcel allowing each unit to be sold individually. 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 and high quality landscape and architecture, be provided in exchange for modified development standards. As conditioned, the project satisfies these requirements. I I SECTION 4. Approval. The City Council of the City of Atascadero, in a regular session assembled on December 10, 2019, resolved to introduce for first reading by title only, an Ordinance to amend the Official Zoning Map and text consistent with the following, exhibits, attached hereto and incorporated herein by this reference: - EXHIBIT A: PD -36 Zoning Text (9-3.681) EXHIBIT B: Zoning Map Amendment = — SECTION 5. CEQA. The proposed project is Categorically 1�kempr. Clans I --from the provisions of the California Environmental Quality Act (California -Public R"eourpes.Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (Title 14 California`Code-o%Regulations §§ 15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15315, which exempts minor divisions of land. SECTION 6. 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 7. Preservation. Repeal of any provision of the AMC or of any previous Code 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 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. City of Atascadero Ordinance No. 634 Page 4 of 4 SECTION 8. 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 9. 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 10. 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 11. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption. INTRODUCED at a regular meeting of the City Council held on December 10, 2019, and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California, on January 14, 2020. CITY OF ATASCADERO _42" Y Heather Moreno, Mayor \ / n ATTETE�; /- APPROVEDTpkORM: ,9 Brian A. Pierik, City Attorney n Exhibit A (� 9-3.681 Establishment of Planned Development Overlay Zone No. 36: (121336). Planned Development Overlay Zone No. 36 may be established in Residential Multifamily Zones. The maximum residential density within the planned development shall not exceed the densities allowed by the underlying zoning district and provisions of this code. The following development standards shall be met by all projects within the PD36 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) A parent lot or lots shall have frontage on a public street. (e) Access off of the public street shall be designed as a parking court with a maximum length of less than one hundred fifty (150) feet and shall include the following elements: (1) Decorative paving continuous throughout the parking court; (2) Address marker at the entrance to the court. (f) 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 nlandscape plan will be installed by the developer and shall be maintained as approved. (g) Building setbacks shall be as follows: Setback from public street frontage 15 feet from right-of-way/back of sidewalk (whichever is greater) Porches can encroach up to 3 feet into the required setback Setback from parking court/interior street 8 feet to porch 10 feet to front of residence 10 feet minimum to garage (if one car garage is 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 Rear yard setback 12 feet minimum (h) Porches shall be provided for each unit. Porches shall be a minimum of six (6) feet deep and a (� functional width. (i) Residential units adjacent to a public street shall be oriented to the public street. Q) Each unit shall include the following: (1) Three hundred (300) cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not count toward this requirement); (2) Dedicated space for laundry facilities with hookups. (k) All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground. (1) 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 two (2) feet, and shall be unfenced. No retaining walls or fencing shall be permitted within the basin area. (m) 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. (n) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. (o) Trash shall be stored in individual garages or behind fenced areas on individual lots. Dedicated trash storage area shall be a minimum of three (3) feet by six (6) feet paved area. (p) The total number of parking spaces shall be provided as follows: (1) Two (2) spaces per unit for units with less than four (4) bedrooms. One additional space for each additional bedroom. All spaces must be located on the individual lot (2) Guest parking provided at a ratio of one space per every three (3) units.* * Guest parking may not be located adjacent to the public street frontage. r Exhibit B 7900 Curbaril APN 031-231-003 Current Zoning: Residential Multi -family — 10 New Zoning: Residential Multi -family — 101 PD36 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. 634 was duly introduced at a regular meeting held December 10, 2019 and adopted at a regular meeting of the City Council held on the 14th day of January, 2020 by the following roll call vote, to wit: AYES: Council Members Bourbeau, Fonzi, Funk, Newsom and Mayor Moreno NOES: None ABSENT: None RISTENS1%t�ITY CLERK I hereby certify that the foregoing is the original of Ordinance No. 634 duly passed and adopted by the Atascadero City Council at their regular meeting held on January 14, 2020 and that summaries of the Ordinance were published on December 13, 2019 and January 20, 2020 in The Tribune newspaper.