HomeMy WebLinkAboutOrdinance 492 CERTIFICATION
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. 492, adopted by the
Atascadero City Council at a regular meeting thereof held on Febmary 28, 2006, and that it has
been duly published pursuant to State Law.
Marcia McClure Tor erson, C.M. q.) W
City Clerk
City of Atascadero,Califbrnia
ORDINANCE NO. 492
aw ORDINANCE OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2005-0105,
AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF
APN 029-271-001 FROM CR (COMMERCIAL RETAIL) TO CR/RMF-
16/PD-27 (COMMERCIAL RETAIL/RESIDENTIAL MULTI-FAMILY—
16/PLANNED DEVELOPMENT OVERLAY #27)
(47059 47119 4713 El Camino Real /JRW Group)
WHEREAS, an application has been received from JRW Group, Inc. (1900 Spring
Street, Paso Robles, CA 93446) Applicant, and Arthur and Mary Jazwiecki, (P.O. Box 547,
Atascadero, CA 93423), Property Owners, to consider a project consisting of a General Plan
Amendment from GC (General Commercial) to GC/HDR (General Commercial/Residential
High Density Residential-16) and Zone Change from CR (Commercial Retail) to CR/RMF-
16/PD-27 (Commercial Retail/Residential Multi-Family-16 with Planned Development Overlay
#27) with a corresponding Master Plan of Development and Vesting Tentative Tract Map on a
1.71-acre site located at 4705, 4711, and 4713 El Camino Real (029-271-001); and,
WHEREAS, the Planning Commission has recommended that the site's current General
Plan Designation be changed from GC (General Commercial) to GC/HDR (General
Commercial/High Density Residential); and,
WHEREAS, the site's current zoning district is CR(Commercial Retail); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0063 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 January 17, 2006, studied and considered Zone Change 2005-0105, after
City of Atascadero
Ordinance No.492
Page 2 of 4
first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project, and,
WHEREAS, the City Council of the City of Atascadero held a public hearing on
February 14, 2006 following the close of the review period to consider the Initial Study and
Proposed Mitigated Negative Declaration; and,
NOW THEREFORE, the City Council of the City of Atascadero takes the following
actions:
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of
Atascadero Changing the existing site zoning to CR/RMF-16/PD-27. 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 February 28, 2006, resolves to approve on second reading by title only, an
ordinance that would rezone the subject site consistent with the following:
1. Exhibit A: 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.
City of Atascadero
Ordinance No.492
Page 3 of 4
On motion by Council Member Luna and seconded by Council Member Clay, the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Council Members Clay, Luna, Pacas, Scalise and Mayor O'Malley
NOES: None
ABSTAIN: None
ABSENT: None
ADOPTED: February 28, 2006
C OF AT ERO, CA
Tom O'Malley, M yor
ATTEST:
kms
Marcia McClure Torg erson, C. C., 0ityClerk
APP ED AS TO FORM:
Patrick L. , City Attorney
City of Atascadero
Ordinance No.492
Page 4 of 4
eee
Exhibit A: Zone Map Amendment Diagram
..........
Y
Residential Multi-
Family-16/PD-27
(0.92 Acres
J,3,VjLDrN1(3 It' )
Commercial Retail
IL PD-27 (0.79 Acres)
'B'
BTJ1LQTNG'A'
PARKING TABLE
J
............ ...............
EL CAMINO REAL
SITE' PLAN -
Existing Desi nation:
-Commercial Retail
Proposed Designation:
- Commercial Retail/PD-27
- Residential Multi-Family-16/PD-27