HomeMy WebLinkAboutOrdinance 439 CERTIFICATION
I, 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. 439, adopted by the
Atascadero City Council at a regular meeting thereof held on March 23, 2004, and that it has been
duly published pursuant to State Law.
DATED: C� ^1 d — a w4tz
Marcia McClure Torgerson,C.M.C.
City Clerk
City of Atascadero,California
ORDINANCE NO. 439
A ORDINANCE OF THE ATASCADERO CITY COUNCIL
APPROVING ZONE CHANGE 2003-0073 THEREBY AMENDING THE
ZONING MAP DISTRICT OF: APN 056-111-027, 056-111-025 CR
(COMMERCIAL RETAIL AND COMMERCIAL TOURIST TO RSF-X
(RESIDENTIAL SINGLE FAMILY - X);
APN 049-163-013 AND APN 49-163-015 FROM RS TO RSF-Y;
APN 049-011-004 RS (RESIDENTIAL SUBURBAN) TO RSF-Y
(RESIDENTIAL SINGLE FAMILY —Y);
APN 049-011-004 RS (RESIDENTIAL SUBURBAN TO RSF-Y
(RESIDENTIAL SINGLE FAMILY —Y); AND
APN 028-231-003 RR TO OS (OPEN SPACE).
(Pine Mountain TDR/ Gearhart, Molina)
WHEREAS, the following applications have been received:
8825, 8955 Coromar Avenue (APN 056-111-027, 056-111-023): Zone Change
amendment to the Atascadero Official Zoning Map from CR (Commercial Retail) & CT
(Commercial Tourist)to RSF-X(Residential Single Family)zone.
Applicant: Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422) and William
Johnson (8955 Coromar Avenue, Atascadero, CA 93422);
3680, 3700 Colima Road (049-163-013, 49-163-015): Zone Change amendment to the
Atascadero Official Zoning Map from RS (Residential Suburban) to RSF-Y (Residential
Single Family-Y).
Applicant: Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422);
Ferrocaril Road - De Anza Estates (049-011-004): Zone Change amendment to the
Atascadero Official Zoning Map from RS (Residential Suburban) to RSF-Y (Residential
Dingle Family-Y).
Applicant: Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422);
Pine Mountain (APN 028-231-003): Zone Change amendment to the Atascadero Official
Zoning Map from RR (Rural Residential)to OS (Open Space).
Applicant: George Molina (5000 Marchant Avenue, Atascadero, CA 93422); and
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0069
were prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
City of Atascadero
Ordinance No.439
Page 2 of 7
WHEREAS, the City Council 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 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 City Council of the City of Atascadero at which hearing
evidence, oral and documentary, was admitted on behalf of said zoning amendments; and,
NOW, THEREFORE, the City Council hereby resolves to take the following
actions:
SECTION 1. Findings for Approval of a Zone Change. The City Council finds as
follows:
1. The proposed amendment is in the public interest.
2. The proposed amendment is in conformance with the adopted General Plan Goals,
Policies, and Programs and the overall intent of the General Plan.
3. The proposed amendment is compatible with existing development,
neighborhoods and the environment.
4. The proposed amendment will not create any new significant and unavoidable
impacts to traffic, infrastructure, or public service impacts.
5. The proposed amendment is consistent with adopted General Plan EIR and
mitigation monitoring program.
SECTION 2.Approval. The Atascadero City Council, in a regular session
assembled on March 9, 2004, hereby resolves to introduce for first reading an ordinance that
would rezone the subject site consistent with the following:
1. Exhibit A: Official Zoning Map Change
SECTION 3.Effective Date.
This ordinance shall be effective a 12:01 a.m. on the 31"day after its final passage.
City of Atascadero
Ordinance No.439
Page 3 of 7
On motion by Council Member O'Malley and seconded by Council Member Clay,
the foregoing Ordinance is hereby adopted in its entirety by the following roll call vote:
AYES: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
NOES: None
ABSENT: None
ADOPTED: March 23, 2004
CITY OF ASCADER
By: /11
r. Geode Luna, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City 4rk
APPROVED AS TO FORM:
Roy Hanley, City Atto y
Exhibit A: Zone Change 2003-0073
Official Zoning Map Change
Coromar Avenue Site
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Official Zoning Map Change:
056-111-027, 056-111-023
Existing Zones: CR, CT
Amended Zone: RSF-X
Exhibit A: Zone Change 2003-0073
Official Zoning Map Change
Colima Road Site
Project
Site
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Official Zoning Map Change. ,
049-163-013, 015
Existing Zone: RSRx
Amended Zone: RSF-Y
Exhibit A: Zone Change 2003.0073
Official Zoning Map Change
Ferrocaril Road Site
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Official Zoning Map Change:
049-011-004
Existing Zone: RS/PD-16
Amended Zone: RSF-Y/PD-16 ,
Exhibit A: Zone Change 2003-0073
Official Zoning Map Change
Pine Mountain Road Site
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Project
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Official Zoning Map Change: ' Ar Ilk;
028-231-003
Existing Zone: RR
Amended Zone: OS
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