HomeMy WebLinkAboutOrdinance 466 CERTIFICATION
1, Marco McClure Torgersoo, C.M.C., City Clerk of dre City of Atascedao, hereby
certify tbet the foregoing is a nuc al correct copy of Ord'maance No. 466, adopted by the
Abscfaro City Comcil at a reg"meeting d fheld on October 26,2004,sand that it has bem
My published pwsmnt to Sure law.
DATED: �� 2—tl—l � rnC
Marele McClure Torgemw C.M.C.
City Clerk
CityofAu ro,California
ORDINANCE NO. 466
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE
CHANGE 2004-0083, AMENDING THE OFFICIAL ZONING MAP
DESIGNATION OF APN 030-491-013, 0159 0189 001
FROM CR (COMMERCIAL RETAIL) TO CR/RMF-10/PD-24
(COMMERCIAL RETAIL/RESIDENTIAL MULTI-FAMILY —
10/PLANNED DEVELOPMENT OVERLAY #24)
(9105 Principal Avenue / WestPac Investments)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from WestPac Investments (805 Aerovista
Place, Suite 202, San Luis Obispo, CA 93401)Applicant and Donald Messer,Thomas and Janice
McNamara, William McNamara, (P.O. Box 1958, Atascadero, CA 93423), Property Owners, to
consider a project consisting of a General Plan Amendment from GC (General Commercial) to
GC/MDR (General commercial/Medium Density Residential) and Zone Change from CR
(Commercial Retail) to CR/RMF-10/PD-24 (Commercial Retail/Residential Multi-Family-10
with Planned Development Overlay #24) with corresponding Master Plan of Development and
Vesting Tentative Tract Map on a 5.52-acre site located at 9105 Principal Avenue (APN 030-
491-013, 015, 018, 001); and,
WHEREAS, the Planning Commission has recommended that the site's current General
Plan Designation be changed from GC (General Commercial) to GC/MDR (General
Commercial/Medium Density residential); and,
WHEREAS, the site's current zoning district is CR (Commercial Retail); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0024 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 Official Zoning Map to protect the health, safety and welfare
of its citizens by applying orderly development of 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. 466
Page 2 of 5
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on September 21, 2004, studied and considered Zone Change 2004-0083,
after first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project, and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on October 12, 2004, studied and considered Zone Change 2004-0083, after first studying
and considering the Proposed Mitigated Negative Declaration prepared for the project, and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.Findings for Approval of a Zone Change to the Official Zoning May of
Atascadero Changing the existing site zoning to CR/RMF-10/PD24. The City Council finds
as follows:
1. Modification of development standards or processing requirements is warranted to
promote orderly and harmonious development.
2. 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.
3. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
4. The proposed project offers certain redeeming features to compensate for the
requested zone change.
SECTION 2. Approval, The City Council of the City of Atascadero, in a regular
session assembled on October 26, 2004 resolved to approve for first reading by title only, an
ordinance that would rezone the subject site consistent with the following:
i. Exhibit A: Location Map
2. Exhibit B: Zone Map Amendment Diagram
City of Atascadero
Ordinance No. 466
Page 3 of 5
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 October 12, 2004, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
October 26, 2004,by the following roll call vote:
AYES: Council Members Clay, O'Malley and Scalise
NOES: Council Member Pacas and Mayor Luna
ABSTAIN: None
ABSENT: None
CITY ATASCADER
By:
r. GeorgA una, Mayor
ATTEST:
MAI- / Z2
Marcia McClure Torgerson, C.M.C., y Clerk
APPROVED AS TO FORM:
Thomas R. Gibson, Interim City Attorney
City of Atascadero
Ordiance No.466
Page 4 of 5
Exhibit A: Location Map
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HWY � Project Site:
101 9105 Principal
Ave.
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El
Camino
Real
Existing Desi nag tion:
-Commercial Retail
Proposed Designation:
tion:
-Commercial Retail/Residential Multi-
Family-10/PD-24
City of Atascadero
Ordiance No.466
Page 5 of 5
Exhibit B: Zone Map Amendment Diagram
Commercial
i 4.
A
Residential ulti-
Fmv- - 4 5
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a
A�6 tt
a
$ i
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"Op qZ-
p .E
Existing Desi nag tion:
-Commercial Retail
Proposed Designation:
-Commercial Retail/Residential Multi-
Family-10/PD-24