HomeMy WebLinkAboutOrdinance 348 CERTIFICATION
I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby
certify that the foregoing is the true and correct original of Ordinance No. 348
adopted by the Atascadero City Council at a regular meeting thereof held on
June 9, 1998 and that it has been duly published pursuant to State Law.
DATED: 1 T� L
Marcia McClure Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 348
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING THE MASTER PLAN OF DEVELOPMENT APPROVED
PURSUANT TO PLANNED DEVELOPMENT ZONE NO. 8
RELATIVE TO THE NUMBER OF HOMES
(ZC 98001: Gearhart/Cannon Associates)
WHEREAS,the proposed Zoning 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 when the Eagle Creek Project(Tract 2049)was
originally approved is adequate; and
WHEREAS,the Atascadero Planning Commission held a public hearing on April 21, 1998
and has recommended approval of Zone Change#98001.
NOW, THEREFORE,the Council of the City of Atascadero does ordain as follows:
Section 1. Council Findings.
1. The proposal is consistent with General Plan goals and policies in effect at the time
of application acceptance.
2. The proposal is compatible with surrounding land uses and zoning requirements in
effect at the time of application acceptance.
3. The proposal will not have significant adverse environmental effects. The Negative
Declaration prepared for Tract 2049 and adopted by the Council on April 9, 1991 has been
reconsidered and found adequate pursuant to the requirements of the California Environmental
Quality Act(CEQA).
4. Modification of the development standard hereby being amended promotes safe,
orderly and harmonious development and is therefore warranted.
5. Modification of development standard hereby being amended will enhance the
opportunity to best utilize the special characteristics of an area and will have a
beneficial effect on the area.
6. Benefits derived from the subject Zoning Ordinance amendment cannot be
reasonably achieved through existing development standards.
Ordinance No.348
Page 2
Section 2. Zoning Ordinance.
The Master Plan of Development formerly approved pursuant to the requirements of
Planned Development Overlay Zone No. 8 (Ordinance 221 adopted on April 23, 199 1)is hereby
superseded and replaced by another Master Plan of Development, as shown on the attached
`Exhibit A.'
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 31 st
day after its passage.
On motion by Council Member Johnson and seconded by Council Member Clay,the
foregoing Ordinance is approved by the following roll call vote:
AYES: Council Members Clay,Johnson and Mayor Carden
NOES: Council Member Luna
ABSENT: Council Member Lemo abstained
ADOPTED: June 9, 1998
CITY OF ATASCAD O
By:
arold L. C den, I, M or
I
ATTEST:
MARCIA M. TORGERSON, C6 Clerk
APPROVED AS TO FORM:
�4va �"
RO A. HANLEY, Ci Attorney
EXHIBIT A
ORDINANCE NO. 348
Revised MasterPlan of Development for
Planned Development Overlay Zone No. 8
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