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Home My WebLink AboutOrdinance 487 CERTIFICATION I, 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. 487, adopted by the Atascadero City Council at a regular meeting thereof held on October 11,2005,and that it has been duly published pursuant to State Law. Marcia McClure Torgerson,C.M.C.( City Clerk City of Atascadero,California ORDINANCE NO. 487 NNW ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2003-0088, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 056- 131-0159 0179 0189 AND 019 FROM CR (COMMERCIAL RETAIL) TO CR/RMF-10/RSF-X/PD23/HS (COMMERCIAL RETAIL/RESIDENTIAL MULTI-FAMILY-10/SINGLE FAMILY RESIDENTIAL-X/PLANNED DEVELOPMENT #23/HISTORIC SITE OVERLAY) (8870 West Front Rd, 8760 Portola Rd.) (Richard Shannon - West Front Properties) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from Richard Shannon — West Front Properties (5070 San Benito Road, Atascadero, CA 93422) Applicant, and Colony Associates (4100 West Alameda Avenue, Suite 103, Burbank, CA 91505), Property Owner, to consider a project consisting of: a general plan amendment from GC (General Commercial) to GC/MDR/SFR-X/HS(General Commercial/Medium Density Residential/Single-Family Residential-X); a zone change establishing PD-23 (Planned Development #23) zoning text; a zoning map change placing PD-23 over the project site; a zoning map change from CR (Commercial Retail) to CR/RMF-10/RSF-X/PD23/HS (Commercial Retail/Residential Multi- Family-10/Residential ulti- Family-10/Residential Single-Family Residential-X/Planned Development #23/Historic Overlay); a CUP (Condition Use Permit) placing a Master Plan of Development over the project site; and a vesting tentative tract map for a 46-lot subdivision on a 13.35-acre site located at 8870 West Front Rd and 8760 Portola Road (APN 056-131-015, 17, 018, and 019); and, WHEREAS, the Planning Commission has recommended that the site's current General Plan Land Use Designation be changed from GC (General Commercial) to GC/MDR/SFR-X (General Commercial/Medium Density Residential/Single-Family Residential-X); and, WHEREAS, the site's current zoning district is CR (Commercial Retail); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0165 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, CEQA review determined that a portion of the project area (APN 056-131- 015) contains a historic resource of local significance, requiring that a Historic Overlay zone designation be placed over the subject parcel as mitigation to reduce potential impacts to less than significant; and, em City of Atascadero Ordinance No.487 Page 2 of 5 WHEREAS, the Planning Commission has determined that it is in the best interest of the ow 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 September 6, 2005, studied and considered Zone Change 2003-0088, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on September 27, 2005, studied and considered Zone Change 2003-0088, after first studying and considering the Draft 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 Map of Atascadero Changing the existing site zoning to CR/RMF-10/PD23RSF-X/HS. 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. Proposed plans offer certain redeeming features to compensate for the requested modification. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on October 11, 2005, resolved to approve on second reading by title only, an ordinance that would rezone the subject site consistent with the following: aw 1. Exhibit A: Zone Change Map City of Atascadero Ordinance No.487 Page 3 of 5 2. Exhibit B: Zone Change Map: Project Site 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 September 27, 2005, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on October 11, 2005, by the following roll call vote: AYES: Council Members Clay, O'Malley, Pacas and Mayor Scalise NOES: Council Member Luna ABSTAIN: None ABSENT: None CITY OF ATASCADERO Y Wendy Scali e, Mayor ATTEST: ZL Marcia McClure Torgerson, C.M.C., Cit Clerk APPROVED AS TO FORM: Pat L. E '9n/ ht, City Attorney City of Atascadero Ordinance No.487 Page 4 of 5 Exhibit A: Zone Change Map 'N Area of conversion from Commercial % Retail to Multi Family • Residential- 10/Planned Area to retain Commercial Retail Development#23 r and add a Planned Development (4.43 Acres) #23(4.93 Acres) Area of conversion from Commercial Retail to Residential ,,N, Single-Family-y/ Historic Overlay(3.99 M Acres) Existing Designations: • General Plan -General Commercial • Zoning - Commercial Retail Proposed Designations: • General Plan -General Commercial/Medium Density Residential/Single Family Residential -X • Zoning - Commercial Retail/Residential Multi-family-10, Residential Single Family—X/PD-23/Historic Site Overlay City of Atascadero Ordinance No.487 Page 5 of 5 Exhibit B: Zone Change Map: Project Site esss+ Commercial Retail/PD-23 wesr FRONT Ro�q � T_ Overlay Mw �'lrbn Muorry Sam War 0 0 r a Courtyard Homos 14 Las UND YeeoAiY&yea rSm " sa RMF-10/PD-23: Residential Multi- Family-1 O/PD-23 ulti-Family-10/PD-23 Overlay 1z,Too s.f. b roan O Ensu... c Plan�iwetA-1 fw IIa1nTTUTF, .-L-) Yyllson Properly 5 Lots I r s.f. a ar v aur: I Site Plan moo rrm^�;igngmupm RSF-X/HS: Existing Designations: Residential Single- General Plan -General Commercial Family-X/Historic Site ■ Zoning -Commercial Retail Overlay Proposed Designations: ■ General Plan - General Commercial/Medium Density Residential/Single Family Residential - X ■ Zoning -Commercial Retail/Residential Multi-family-10, Residential Single Family—X/PD-23/Historic Overlay rmrr