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HomeMy WebLinkAboutOrdinance 625PER ORDINANCE NO. 625 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE TITLE 9, CHAPTER 3, ARTICLE 28 (PD (PLANNED DEVELOPMENT) OVERLAY ZONE), ESTABLISHING PLANNED DEVELOPMENT OVERLAY ZONE NO. 35 AND DETERMINING THIS ORDINANCE IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT TRAFFIC WAY ZONING MAP AMENDMENTS ATASCADERO TEMPLE ASSOCIATION (ZCH19-0029) WHEREAS, an application has been received from Atascadero Temple Association, PO Box 715, Atascadero, CA 93423, Applicant and Owner, to consider Planning Application ZCH 2019-0029 to rezone parcels 1 through 4 of Parcel Map AT02-278 (APN's 049-063-003, 049- 063-004, 049-071-029, 049-071-030) from Recreation (L) to Public (P) and establish Planned Development Overlay Zone No. 35 ; and WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of n Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and WHEREAS, the City Council has determined that it is in the best interest of the City to amend the Zoning 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 Text 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 text amendments; and WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on June 4, 2019, studied and considered the proposed zone text change to establish Planned Development Overlay Zone No. 35; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Text 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 Text Amendments; and I WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on July 9, 2019, studied the Planning Commission's recommendations and considered the proposed Zoning Text Amendments. City of Atascadero Ordinance No. 625 Page 2 of 3 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: 5 SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The City Council of the City of Atascadero, in a regular session assembled on July 26, 2019. resolved to introduce for first reading, by title only, an Ordinance that would amend the City Zoning Code Text as shown in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 3. Facts and Findings. The City Council makes the following findings, determinations and approvals with respect to the Zone Text Amendment: A. Findings for Approval of a Zone Text Change FINDING: (i) The Planning and Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. FACT: The proposed zone text amendments align the code requirements with the vision, intent, and policies of the adopted General Plan. FINDING: (ii) This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are n applicable. I I FACT: The proposed text amendment provides for orderly development within the Public zoning district on Parcels 1 through 4 of Parcel Map AT02-278 in accordance with the adopted General Plan for the compatible use of the properties based on neighborhood characteristics. FINDING: (iii) The Text Change will not, in itself, result in significant environmental impacts. FACT: The proposed text changes are minor and do not trigger any environmental impacts. SECTION 4. CEOA. This Ordinance is exempt from the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). SECTION 5. Approval. Atascadero Municipal Code Title 9 Planning & Zoning is amended, establishing Planned Development Overlay Zone No. 35, as detailed in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this City of Atascadero Ordinance No. 625 Page 3 of 3 ^ Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 7. Preservation. Repealing of any provision of the Atascadero Municipal Code or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. n SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such previous Atascadero Municipal Code provision or other City Ordinance to remain in full force and effect for all purposes. SECTION 9. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 10. Notice. The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of Atascadero's book of original ordinances, make a note of the passage and adoption in the records of this meeting and within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption. INTRODUCED at a regular meeting of the City Council held on July 26, 2019, and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California, on August 13, 2019. APPROVED AA TO FORM: BrianA. Pierik, City Attorney CITY OF ATASCADERO Heather Moreno, Mayor EXHIBIT A i 9-3.680 Establishment of Planned Development Overlay Zone No. 35 Planned Development Overlay Zone No. 35 is established as shown on the official zoning maps (Section 9-1.102 of this title). A Planned Development Overlay Zone No. 35 is established on parcels APN's 049-063-003, 004, 049-071-029, 030 (Parcels 14 of AT02-278) (a) All site development or significant modifications, beyond ADA or code required changes, to the site or exterior changes of any building shall require Design Review Committee review. (b) The following uses are allowed within the PD -35 overlay zone: (1) Churches and Related Activities; (2) Indoor Recreation Services; (3) Libraries and Museums; (4) Public Assembly and Entertainment; (5) Parks and Playgrounds; (6) Temporary Events; (7) Utility Facilities; (8) Government Offices; (9) Temporary Offices; (10) Residential Care: 6 Residents or Less; I I j I (11) Child Care Center; (12) Adult Day Care Facility; (13) Parking Lots; (14) Broadcast Studios (c) The following uses are conditionally allowed within the PD -35 overlay zone: (1) Schools (2) Single Family Dwelling (3) Schools—Business and Vocational (4) Membership Organizations (5) Social Service Organizations; (6) Utility Infrastructure (7) Telecommunications Facilities 0" STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss CITY OF ATASCADERO ) I, LARA K. CHRISTENSEN, City Clerk of the City of Atascadero, DO HEREBY CERTIFY that Ordinance No. 625 was duly introduced at a regular meeting held July 26, 2019 and adopted at a regular meeting of the City Council held on the 13th day of August, 2019 by the following roll call vote, to wit: AYES: Council Members Bourbeau, Fonzi, Funk, Newsom, and Mayor Moreno NOES: None ABSENT: None v� LARA 1,78TENSER, J LARK I hereby certify that the foregoing is the original of Ordinance No. 625 duly passed and adopted by the Atascadero City Council at their regular meeting held on August 13, 2019 and that summaries of the Ordinance were published on August 2, 2019 and August 23, 2019 in the Atascadero News newspaper.