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HomeMy WebLinkAboutOrdinance 296 CERTIFICATION I, Marcia M. Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 296 adopted by the Atascadero City Council at a regular meeting thereof held on January 23, 1996 and that it has been duly published pursuant to State Law. DATED: ! _1 J_ 9 7 � -� / ( • 1 ? VM Marcia M. Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 296 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING PLANNED DEVELOPMENT OVERLAY ZONE NO. 10 WITH RESPECT TO THE MASTER PLAN OF DEVELOPMENT AND ALLOWABLE USES AFFECTING CERTAIN REAL PROPERTY LOCATED AT 5000, 5020, 5040 AND 5060 MARCHANT AVENUE (ZC #95012: GEARHART) WHEREAS, the proposed Zoning Ordinance amendment is consistent with the General Plan in effect at the time of application acceptance, as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on December 19, 1995, and has recommended approval of Zone Change #95012. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1 . Council Findings. 1 . The proposal is compatible with surrounding land uses and the zoning in effect at the time of application acceptance. 2. The proposal is consistent with the General Plan in effect at the time of application acceptance. 3. The proposal will not result in any significant adverse environmental impacts. The Negative Declaration prepared for the project is adequate 4. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 5. 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. Ordinance No. 296 Page 2 6 . Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements . 7 . The proposed plans offer certain redeeming features to compensate for requested modifications . Section 2 . Zoning Ordinance . Section 9-3 . 655 of the Zoning Ordinance of the City of Atascadero is hereby amended to add "RV Parks" and "Caretaker ' s Residence" to the list of allowable uses and replace the existing Master Plan of Development with a new one, as shown by Exhibits A & B, respectively, which are attached hereto and made a part of this ordinance by reference . Development of said property shall be in accordance with the standards of Planned Development Overlay Zone No. 10, the approved Master Plan of Development and all other codes, regulations and requirements of the City of Atascadero. Section 3 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4 . Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage . On motion by Councilmember Johnson and seconded by Councilmember Bewley, the foregoing Ordinance is approved by the following roll call vote : AYES : Councilmembers Bewley, Carden, Johnson and Mayor Highland NOES : Councilmember Luna ABSENT : None Ordinance No. 296 Page 3 ADOPTED: January 23, 1996 CITY OF ATASCADERO ATTEST: _ By: GEOR P. HIG AND, Mayor LE ZE, City Clerk APPROVED AS TO FORM: ART ER R. O TAN N, City Attorney PREPARED BY: STEVEN L. DECAMP, Ci Planner Ordinance No. 269 Exhibit A 9-3.654. Establishment of Planned Development Overlay Zone No. 10 (PD 10). Planned Development Overlay Zone No. 10 is established as shown on the Official Zoning Maps (Section 9-1.102). The following development standards applicable therein are also established: (a) All physical development of the site shall conform to an approved Master Plan of Development. Applications for a Master Plan of Development shall be made in the same form as that prescribed for a zone change, conditional use permit or tentative map. Any conditions of approval imposed during approval of a Master Plan of Development, or any associated application, shall be complied with. (b) Allowable Uses: The following uses shall be allowed in Planned Development Overlay Zone No. 10: 1 . Hotels and motels 2. Libraries and museums 3. Temporary Events (See Section 9-6.177) 4. Temporary and seasonal sales (See Section 9-6.174) 5. Offices 6. Personal services, where areas of use are less than 1000 square feet per store 7. Recreational Vehicle Park (See Section 9-6.180) 8. Caretaker's Residence (See Section 9-6.104) (c) Conditional Uses: The following uses may be allowed if specifically approved in conjunction with the aforementioned Master Plan of Development for the site, or an approved amendment thereto: 1 . Indoor recreation services 2. Public assembly and entertainment 3. Auto, mobilehome and vehicle dealers and supplies (See Section 9-6.163) 4. Sales lots (See Section 9-6.139) 5. Amusement Services 6. 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