HomeMy WebLinkAboutOrdinance 429 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. 429 adopted by the Atascadero City
Council at a regular meeting thereof held on October 14, 2003, and that it has been duly
published pursuant to State Law.
C a �
DATED:
Marcia McClure Torgerson, C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 429
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA TO ESTABLISH A SPECIFIC PLAN #1
ZONING DISTRICT CODE TEXT (ZCH 2003-0062)
FOR USE ON THE PROJECT SITE IDENTIFIED AS PARCELS
APN 045-311-0019 045-401-0159 045-401-0169 045-411-0019 AND 045-412-001
(Woodlands Specific Plan/R.W. Hertel & Sons, Inc)
WHEREAS, an application has been received from R.W. Hertel & Sons, Inc. (5200
Telegraph Road, Ventura, CA, 93003), Applicant and Gordon Davis Land Co. (7405 Bella Vista,
Atascadero, CA 93422), Property Owner to consider a project consisting of a zone change from
RS (Residential Suburban) to SP-1 (Specific Plan#1) on a 120-acre site located at Halcon Road,
Atascadero, CA 93422 (APN 045-311-001, 045-401-015, 045-401-016, 045-411-001,
045-412-001); and
WHEREAS, the site's General Plan Designation is (SFR-X) Single-Family
Residential-X, (SFR-Y) Single-Family Residential-Y, (HDR) High Density Residential, (GC)
General Commercial, (OS) Open Space; and,
WHEREAS, the site's current zoning district is RS (Residential Suburban); and,
WHEREAS, the General Plan has designated the project site as an area requiring a
comprehensive master plan in order to minimize environmental impacts and maximize
community compatibility (General Plan Table 1I-5) and to promote orderly and harmonious
development and to enhance the opportunity to best utilize special site characteristics; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0026 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 Code Text to protect the health, safety and welfare of its
citizens by applying orderly development and expanding housing opportunities within 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,
City of Atascadero
Ordinance No.429
Page 2 of 3
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on August 19, 2003, studied and considered Zone Change 2003-0062, after first studying
and considering the Draft Mitigated Negative Declaration prepared for the project; and,
WHEREAS, the Atascadero City Council, at a Public Hearing held on September 23,
2003, studied and considered Zone Change 2003-0062, after first studying and considering the
Draft Mitigated Negative Declaration prepared for the project;
NOW, THEREFORE, THE CITY COUNCIL FO THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of a Zone Change Creating a PD-19 Planned
Development Overlay District. The City Council finds as follows:
1. The proposed project or use is consistent with the General Plan; and,
2. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
3. The proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
4. The proposed zone change will not create any new significant and unavoidable
impacts to traffic, infrastructure, or public service impacts; and
5. The proposed zone change is consistent with the project-specific Mitigated Negative
Declaration; and
SECTION 2. Approval. The Atascadero City Council, in a regular session assembled
on September 23, 2003 resolved to introduce for first reading an ordinance that would amend the
City Zoning ordinance with the following:
9-3.690 Establishment of Specific Plan Zone No. 1: (SP-1).
A Specific Plan Zone No. 1 is established in on parcels APN 045-311-001, 045-401-015, 045-
401-016, 045-411-001, 045-412-001 with a combined gross acreage of 120 acres. The maximum
density within the planned development shall not exceed 269 residential units (except for 9 bonus
units allowed by the General Plan), 3.5 acres of service commercial use, and 54.5 acres of open
space on the 120-acre project site the 21 estate lots may contain second units limited to 800 SF.
The development standards contained within the Woodlands Specific Plan Policy Document and
Appendixes (SP 2003-001), as conditioned shall be applied to all future development within the
Specific Plan area, and as follows:
(a) The Vesting Tentative Tract Map TTM 2003-0027 and any subsequent amendments for the
site shall be consistent with SP 2003-0001. All construction and development shall conform to the
approved Specific Plan, as conditioned.
(b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent
with the approved Woodlands Specific Plan.
City of Atascadero
Ordinance No.429
Page 3 of 3
(c) The commercial area, residential dwelling units, landscaping, walls and fencing shall be
subject to review under the City's Appearance Review requirements consistent with the approved
Woodlands Specific Plan.
(d) Building setbacks lot sizes, landscape area, and lot coverage shall be as identified within the
approved Woodlands Specific Plan.
(e) Alterations or additions to established dwelling units shall be subject to the density standards
of the Specific Plan zone and shall be reviewed pursuant to the Woodlands Specific Plan
development standards.
(f)The Specific Plan shall be adopted and amended by City Council Resolution.
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 23, 2003, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California on
October 14, 2003,by the following roll call vote:
AYES: Council Members Luna, O'Malley, Pacas, Scalise and Mayor Clay
NOES: None
ABSTAIN: None
ABSENT: None
ADOPTED: October 14, 2003
C - Y OF ATASCADE
B
Jerry L. lay, Sr., Mayor
ATTEST:
Marcia McClure Torgerson, City C rk
APPR VEDAS TO FORM:
Roy PHanley, City Atto ey