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HomeMy WebLinkAboutOrdinance 389 CERTIFICATION I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct original of Ordinance No. 389 adopted by the Atascadero City Council at a regular meeting thereof held on November 27, 2001, and that it has been duly published pursuant to State Law. DATED:- Marcia ATED• Marcia McClure Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 389 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING MAP OF ATASCADERO THEREBY AMENDING THE ZONING MAP DISTRICT OF A PORTION OF APN 049-033-021 FROM "L / PD-15" (RECREATION) TO "LS / PD-15" (SPECIAL RECREATION WITH A PD-15 OVERLAY DISTRICT) SUBJECT TO A MASTER PLAN OF DEVELOPMENT. (ZCH 2001-0015) (3900 Traffic Way / Shores) WHEREAS, an application has been received from Jim Shores (PO Box 216, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a Zone Change (ZCH 2001-0015) of 0.75 acres from L/PD-15 (Recreation) to LS/PD-15 (Special Recreation), amendment of the Master Plan of Development for Planned Development 15 to relocate three building sites outside of jurisdictional wetlands (CUP 2001-0040), and the amendment of Phase III of Tract Map 2317 to change the location of lots consistent with the Master Plan of Development and create three additional lots (TTM 98013). The project is located at 3900 Traffic Way(APN 049-033-021); and, WHEREAS, the site's General Plan Designation is REC (Recreation) which allows both "L" (Recreation) and"LS" (Special Recreation) as consistent zoning districts; and, WHEREAS, the site's current zoning district is "L" (Recreation); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the Planning Commission has determined that this amendment to the Zoning Map will relocate development outside of an area that has been determined to have jurisdictional wetlands present thereby reducing the project's impact; 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 amendment; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed public hearing held on Tuesday, August 21, 2001, considered Zone Change 2001-0015, after first studying and considering re-certification of Mitigated Negative Declaration 99029 prepared for the project, and, WHEREAS, the Atascadero City Council, at a duly noticed public hearing held on Tuesday, November 13, 2001, considered Zone Change 2001-0015, after first studying and considering re-certification of Mitigated Negative Declaration 99029 prepared for the project, and, City of Atascadero Ordinance No.389 Page 2 NOW, THEREFORE,the City Council takes the following actions: SECTION 1. Findings for Approval of Zone Chance 2001-0015: The City Council finds as follows: 1. The proposed zone change is consistent with the General Plan. 2. The proposed zone change will relocate residential development away from sensitive jurisdictional wetlands areas. SECTION 2. Approval The Atascadero City Council, in a regular session assembled on November 27, 2001, adopted on second reading an ordinance amending the Official Zoning Map for the subject site consistent with the following: 1. Exhibit A: Zone Change Map SECTION 3. Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31 St day after its final passage. On motion by Council Member Johnson, and seconded by Council Member Clay the foregoing resolution is hereby adopted following roll call vote: AYES: Council Members Clay, Johnson, Scalise and Mayor Arrambide NOES: Council Member Luna ABSTAIN: None ABSENT: None ADOPTED: November 27, 2001 By: J. Michael Arrambide, Mayor Attest: NIL Marcia McClure Torgerson, CityJerk Approved as to form: G Ro Hanley, City A ey City of Atascadero Ordinance No.389 Page 3 Exhibit A:Zone Change Map ZCH 2001-0015 w r SSF ✓`" �,„„.rte V4d i4 u F Existing Zoning: L/PD-15 Permanent Open Space Easement to be recorded over New Zoning: LS/PD-15 RSF-X area with final map.