HomeMy WebLinkAboutOrdinance 521 CERTIFICATION
1, Marcia McClure Torgersoa, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 521, adopted by the
Atascadero City Council at a regular meeting thereof held on December 11, 2007, and that it has
been duly published pursuant to State Law.
r { I
DATED: gid' -r /04
Marcia McClure Tori erson,C.M
City Clerk
City of Atascadero,California
ORDINANCE NO. 521
' AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE
ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE
2005-0108 TO ESTABLISH A PLANNED DEVELOPMENT OVERLAY #31
(6575 Sycamore Rd. / ABMX)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Atascadero BMX Association — Tom
Jordan, 8255 Graves Creek Rd, Atascadero, CA 93422, (Applicant) and Atascadero Mutual
Water Company 5005 El Camino Real, Atascadero, CA 93422, (Property Owner) to consider a
project consisting of a Zone Text Amendment to establish a custom PD Overlay Zone (PD -31)
and a Zone Map Change to apply PD -31 to the subject site with corresponding Master Plan of
Development located at 6575 Sycamore Rd, (APN 028-111-001, 003); 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, an Initial Study and Draft Mitigated Negative Declaration 2007-0015 were
prepared for the project and made available for public review in accordance with the
requirements 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 Code Text to protect the health, safety, and welfare
of its citizens by applying orderly development and expanding housing opportunities within 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 Text
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 Text
Amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on October 16, 2007 studied and considered Zone Change 2005-0108, after first studying
and considering the Draft Mitigated Negative Declaration prepared for the project, and,
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on
November 27, 2007 studied and considered Zone Change 2005-0108, after first studying and
considering the Draft Mitigated Negative Declaration prepared for the project, and,
City of Atascadero
Ordinance No. 521
Page 2 of 3
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of a Zone Text Chante Creating a PD -31
Planned Development Overlay District. The City Council finds as follows:
1. Modification of development standards or processing requirements is warranted
to promote orderly and harmonious development.
2. Modification of development standards or processing requirements will enhance
the opportunity to best utilize special characteristics of an area and will have a
beneficial effect on the area.
3. Benefits derived from the Overlay Zone cannot be reasonably achieved through
existing development standards or processing requirements.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on December 11, 2007 resolved to approve on second reading by title only, an
Ordinance that would amend the City Zoning Code Text with the following:
9-3.676 Establishment of Planned Development Overlay Zone #31
This Planned Development Overlay Zone on APN 028-111-001, 003 in the Industrial Park Zone
for the establishment of a Bicycle Motor Cross track and associated improvements. Uses on
other areas of the site, if listed as an allowed or conditionally allowed use, shall only be subject to
the standards and requirements of the Atascadero Municipal Code. The following development
standards are applicable to the establishment of a BMX facility and shall be met by the entitled
project within the PD -31 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) 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) The facility and all improvements including drainage basins, erosion control measures,
landscaping, signage, structures, and waste water facilities shall be maintained by the
Atascadero BMX Association or their designee(s). If the use is discontinued, all
improvements will be removed to the satisfaction of the City Engineer and the Community
Development Director.
d) The Atascadero BMX Association will ensure that all structures and improvements conform
to the Floodway standards set forth in the Atascadero Municipal Code Title 9, Chapter 11
and as regulated by the Federal Emergency Management Agency.
e) Parking shall be limited to designated areas of the site. Overflow parking shall only be used
for larger events. No parking will be permitted on Sycamore Avenue or any other
undeveloped portion of the surrounding Atascadero Mutual Water Company property.
City of Atascadero
Ordinance No. 521
Page 3 of 3
f) The landscape buffer between the historic Anza Trail and the BMX facility shall be
maintained by the Atascadero BMX Association or their designee(s). All buffer landscaping
shall be maintained in a way which screens the BMX facility from the historic trail.
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;
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.
INTRODUCED at a regular meeting of the City Council held on November 27, 2007, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
December 11, 2007, by the following roll call vote:
AYES: Council Members Beraud, Luna, O'Malley and Mayor Brennler
NOES: None
ABSTAIN: Council Member Clay
ABSENT: None
C O 'SCADE O
B y:
ike Brennler, Mayor
ATTEST:
�� M I aA
Marcia McClure Torgerson, C.M.C., City Jerk
APPROVED AS TO FORM:
o� P4 - - )
Brian Pierik, City Attorney