HomeMy WebLinkAboutOrdinance 522CERTIFICATION
1, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 522, 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.
DATED:
Marcia McCIure Torgerson, C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE 522
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADER09 CALIFORNIA, APPROVING ZONE
CHANGE 2007-01439 AMENDING THE OFFICIAL ZONING MAP
DESIGNATION OF APN 028-111-0019 003 FROM IP (INDUSTRIAL PARK)
TO IP /PD -31 (INDUSTRIAL PARK / 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, the site's General Plan Designation is I (Industrial); and,
WHEREAS, the site's current zoning district is IP (Industrial Park); 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 Official Zoning Map to protect the health, safety, and
welfare of its citizens by applying orderly development of 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
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 amendments;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on October 16, 2007 studied and considered Zone Change 2007-0143, after
first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project, and,
City of Atascadero
Ordinance No. 522
Page 2 of 4
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on November 27, 2007 studied and considered Zone Change 2007-0143, after first studying
and considering the Proposed Mitigated Negative Declaration prepared for the project, and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Man of
Atascadero Changing the existing site zoning to IP/ PD -31. 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.
4. The proposed project offers certain redeeming features to compensate for the
requested zone change.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on December 11, 2007, resolved to adopt on second reading by title only, an
Ordinance that would rezone the subject site consistent with the following:
Exhibit A: Location Map/Zone Map Amendment Diagram
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.
1
City of Atascadero
Ordinance No. 522
Page 3 of 4
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
CITY O aAO
B y:
Mike Brennler, Mayor
ATTEST:
Marcia McClum Torprson, C.M.C., City erk
APPROVED A TO FORM:
Brian Pierik, City Attorney
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City of Atascadero
Ordinance No. 522
Page 4 of 4
Exhibit A: Location Map / Zone Map Amendment Diagram
Project site
/i
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s ;
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Existing Designation:
- Industrial
- Industrial Park
Proposed Designation:
- Industrial
- Industrial Park/ PD -31
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