HomeMy WebLinkAboutOrdinance 519CERTIFICATION
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. 519, adopted by the
Atascadero City Council at a regular meeting thereof held on November 27, 2007, and that it has
been duly published pursuant to State Law.
Marcia McClure Torgerson; C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 519
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2005-0111,
AMENDING THE OFFICIAL ZONING MAP DESIGNATION FROM LS /
PD -8 / FH (SPECIAL RECREATION WITH A PLANNED
DEVELOPMENT -8 AND FLOOD HAZARD OVERLAY) TO RSF-Y / PD -8 /
FH (RESIDENTIAL SINGLE-FAMILY 1.0 AC MIN WITH A PLANNED
DEVELOPMENT -8 AND FLOOD HAZARD OVERLAY)
APN 045-391-0159 016
13000 Atascadero Road
(Gearhart)
WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara
Avenue, Atascadero, CA 93422 (Applicant) and Atascadero Homeowners LLC, 6205 Alcantara
Avenue, Atascadero, CA 93422 (Property Owner) to consider a project consisting of a General
Plan Land Use Diagram Amendment from CREC (Commercial Recreation) to SFR -Y (Single -
Family Residential 1.0 ac min) and a Zoning Map Change from LS / PD -8 / FH (Special
Recreation with a Planned Development -8 and Flood Hazard Overlay) to RSF-Y / PD -8 / FH
(Residential Single -Family 1.0 ac min with a Planned Development -8 and Flood Hazard
Overlay) with a corresponding Master Plan of Development and Vesting Tentative Parcel Map
on a 10.0 -acre site located at 13000 Atascadero Road (045-391-015, 016); and,
WHEREAS, the Planning Commission has recommended that the site's current General
Plan Designation be changed from CREC (Commercial Recreation) to SFR -Y (Single -Family
Residential 1.0 ac min); and,
WHEREAS, the site's current zoning district is LS / PD -8 / FH (Special Recreation with
a Planned Development -8 and Flood Hazard Overlay); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0022 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 recommended 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
City of Atascadero
Ordinance No. 519
Page 2 of 4
hearing evidence, oral and documentary, was admitted on behalf of said Zoning Amendments;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on October 16, 2007, studied and considered Zone Change 2005-0111, after
first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project, 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,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on November 13, 2007, studied and considered Zone Change 2005-0111, after first studying
and considering the Proposed Mitigated Negative Declaration prepared for the project and the
Planning Commission's recommendation, 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 of
Atascadero Changing the existing site zoning to RSF-Y / PD -8 / FH (Residential Single -
Family 1.0 ac min with a Planned Development 8 and Flood Hazard Overlay). The City
Council finds as follows:
1. The proposed Zone Change is in conformance with the adopted General Plan Goals,
Policies, and Programs and the overall intent of the General Plan.
2. The proposed Zone Change is compatible with existing development, neighborhoods
and the environment.
3. The proposed Zone Change will not create any new significant and unavoidable
impacts to traffic, infrastructure, or public service impacts.
4. Modification of development standards or processing requirements is warranted to
promote orderly and harmonious development.
5. 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.
6. Benefits derived from the Overlay Zone cannot be reasonably achieved through
existing development standards or processing requirements.
7. The proposed project offers certain redeeming features to compensate for the
requested Zone Change.
City of Atascadero
Ordinance No. 519
Page 3 of 4
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on November 13, 2007, resolved to introduce for first reading by title only, an
Ordinance that would amend the Atascadero Zoning Map consistent with the following:
Exhibit A: Zone Map Amendment Diagram
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 November 13, 2007, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
November 27, 2007, by the following roll call vote:
AYES: Council Members Clay, O'Malley and Mayor Luna
NOES: Council Members Beraud and Brennler
ABSTAIN: None
ABSENT: None
CIT F ATASCADERO
/14,�
Dr. George Luna, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPROVED AS O FORM:
Brian Pierik, City Attorney
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City of Atascadero
Ordinance No. 519
Page 4 of 4
Exhibit A: Zone Map Amendment Diagram
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