HomeMy WebLinkAboutOrdinance 626ORDINANCE NO. 626
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, AMENDING THE OFFICIAL
ZONING DISTRICT DESIGNATION FOR PARCELS 1-4 OF AT02-278
TO CHANGE THE ZONING DESIGNATION FROM RECREATION (L)
TO PUBLIC (P) WITH A PLANNED DEVELOPMENT
OVERLAY ZONE NO. 35 ZONING DESIGNATION
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, the site's General Plan Designation is Public Recreation (REC); and
WHEREAS, the site's current zoning district is Recreation (L); and
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WHEREAS, the Planning Commission and City Council 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 Zoning
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 Planning and 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 ZCH19-0029.
WHEREAS, the Planning Commission of the City of Atascadero has recommended
approval of the proposed zoning map amendment as presented to them on June 4, 2019; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Map
Amendment 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 Map Amendments; and
City of Atascadero
Ordinance No. 626
Page 2 of 3
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on n July 26, 2019, studied the Planning Commission's recommendations and considered the
proposed zoning text amendments.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
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 official City Zoning Map Designation 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 Zoning Map Amendment:
A. Findings for Approval of a Zone Map Change
FINDING: (i) The Zoning Map Change is consistent with General Plan policies
and all other applicable ordinances and policies of the City.
FACT: The proposed zoning map amendment provides for the orderly n
development of the subject parcels in alignment with the character of the
surrounding neighborhood.
FINDING: (ii) This Amendment of the Zoning Ordinance will provide for the
orderly and efficient use of lands where such development standards are
applicable.
FACT: The proposed map 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 Zoning Map is amended as detailed in Exhibit A,
attached hereto and incorporated herein by this reference.
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City of Atascadero
Ordinance No. 626
Page 3 of 3
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
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.
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 April 23, 2019, and PASSED,
APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California,
on August 13, 2019.
CITY OF ATASCADERO
Heather Moreno, Mayor
APPROVED AS TO FORM:
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Brian A. Pierik, City Attorney
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EXHIBIT A: Zone Map Change - Map Amendment Diagram
ZCH19-0029
Subject Parcels:
APN's
\ 049-063-003
049-063-004
°4s, 049-071-029
�6�°O 049-071-030
a
Previous Zoning
Designation:
4�0
61? Recreation (L)
Tr °Ov
do New Zoning
Designation:
Public (P)
San Benito
School
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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. 626 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
I hereby certify that the foregoing is the original of Ordinance No. 626 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.
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