HomeMy WebLinkAboutOrdinance 484 CERTIFICATION
1, 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. 484, adopted by the
Atascadero City Council at a regular meeting thereof held on October 11,2005, and that it has been
duly published pursuant to State Law.
DATED: ...
Marcia McClure Torgerson, C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 484
DRAFT ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA,
APPROVING ZONE CHANGE 2005-0098, AMENDING THE
OFFICIAL ZONING MAP DESIGNATION OF
APN 030-213-0119 0129 0139 014 FROM CTPD-10 TO RMF-10/PD-10
(50009 50209 5060 MARCHANT AVENUE/ KELLY GEARHART)
WHEREAS, an application has been received from Kelly Gearhart (6205
Alcantara Avenue, Atascadero, CA) Applicant and Property Owner, to consider a project
consisting of a General Plan Amendment, Zone Map Change, and Zone Text Change
from CTPD-10 (Commercial Tourist/Planned Development Overlay - 10) to RMF-
10/PD-10(Residential Multi-Family-10 with Planned Development Overlay #10) with an
associated Master Plan of Development and Tentative Tract Map on a 1.55-acre site
located at 5000, 5020, and 5060 Marchant Avenue (APN 030-213-011, 012, 013, 014);
and
WHEREAS, the Planning Commission has recommended that the site's General
Plan designation be amended from GC (General Commercial) to MDR (Medium Density
Residential); and,
WHEREAS, the site's current zoning district is CT (Commercial Tourist); and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005-
0042 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
amendment; and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public
Hearing held on September 27, 2005, studied and considered Zone Change 2005-0098,
City of Atascadero
Ordinance No.484
Page 2 of 4
after first studying and considering the Draft 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
Map as follows:
5000, 5020, 5060 Marchant Avenue (APN 030-213-011, 012, 013, 014): Zone Map
amendment from CTPD-10 to RMF-10/PD-10
APN 030-213-009: Zone Map Change from CTPD-10 to RMF-10
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. Proposed plans offer certain redeeming features to compensate for the
requested modification.
SECTION 2.Approval. The City Council of the City of Atascadero, in a regular
session assembled on October 11, 2005, resolved to approve on second reading, by title
only, an ordinance that would rezone the subject site consistent with the following:
EXHIBIT A: Zone Change Map
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.
City of Atascadero
Ordinance No.484
Page 3 of 4
INTRODUCED at a regular meeting of the City Council held on September 27, 2005 ,
and PASSED and ADOPTED by the City Council of the City of Atascadero, State of
California, on October 11, 2005,by the following roll call vote:
AYES: Council Members Clay, O'Malley, Pacas and Mayor Scalise
NOES: Council Member Pacas
ABSTAIN: None
ABSENT: None
CITY OF ATASCA R
By:
W YS i e—, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APP" D AS TO ORM:
Pat ' L. E t, ity Attorney
City of Atascadero
Ordinance No.484
Page 4 of 4
Exhibit A.Zone Change Map:
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1,
Chevron
Parcel
I
l
L; y
Project site
Current:
Zoning: Commercial Tourist/PD-10
Proposed:
Zoning (Project Site): Residential Multi-family-10/PD-10
Zoning(Chevron Parcel): Residential Multi-family -10