HomeMy WebLinkAboutOrdinance 525u
CERTIFICATION
I, 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. 525, adopted by the
Atascadero City Council at an a regular meeting thereof held on January 8, 2008, and that it has
been duly published pursuant to State Law.
DATED:
Marcia McClure Torgerson, C.M.C.
City Clerk
City of Atascadero, California
IORDINANCE NO. 525
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE
CONDITIONALLY ALLOWED USES IN THE PLANNED DEVELOPMENT
#9 OVERLAY ZONE BY APPROVING PLN -2007-1248
(Westar)
The City Council hereby finds and declares as follows:
WHEREAS, the General Plan contains Policies and Programs to provide a sound
economic base to sustain the City's unique character by establishing a range of employment and
business opportunities and generate sufficient revenue to support adequate levels of public
services, and environment, social and educational quality and to retain and expand existing
businesses and attract new businesses to improve the availability of goods and services; and,
WHEREAS, the General Plan contains Policies and Programs to provide public and
Planning Commission review of uses which may have potential impacts to surrounding uses and
neighborhoods; and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2007-0024
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 Zoning Ordinance 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,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on November 20, 2007, studied and considered PLN 2007-1248, after first
studying and considering the Proposed Mitigated Negative Declaration prepared for the project;
and,
City of Atascadero
Ordinance No. 525
Page 2 of 4
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on December 11, 2007, studied and considered PLN 2007-1248, 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 Certification of Mitigated Negative Declaration 2007-
0024. The City Council finds as follows:
1. The Proposed Mitigated Negative Declaration has been completed in compliance
with CEQA; and,
2. The Proposed Mitigated Negative Declaration was presented to the Planning
Commission, and the information contained therein was considered by the
Planning Commission, prior to recommending action on the project for which it
was prepared; and,
3. The project does not have the potential to degrade the environment when
mitigation measures are incorporated into the project.
4. The project will not achieve short-term to the disadvantage of long-term
environmental goals.
5. The project does not have impacts which are individually limited, but
cumulatively considerable.
6. The project will not cause substantial adverse effects on human beings either
directly or indirectly.
SECTION 2. Findings for Approval of PLN 2007-1248. The City Council finds as
follows:
1. The zone change is consistent with General Plan policies and all other applicable
ordinances and policies of the City.
2. Amendment of the zoning ordinance will provide for the orderly and efficient use of
lands where such development standards are applicable.
3. The zone change will not, in itself, result in significant environmental impacts.
SECTION 3. Approval. The City Council of the City of Atascadero, in a regular
session assembled on December 11, 2007 resolved to approve on second reading by title only, an
Ordinance that would amend the City Zoning Code Text with the following:
City of Atascadero
Ordinance No. 525
Page 3 of 4
9-3.653 Establishment of Commercial Park Planned Development Overlay
Zone No. 9: (PD9).
Commercial Park Planned Development Overlay Zone No. 9 is established as shown on
the official zoning maps (Section 9-1.102). The following development standards are
established:
(a) A Master Plan of Development shall be approved prior to approving a plot plan,
precise plan, conditional use permit, tentative parcel map, or tract map. The master plan
shall be applied for and processed in the manner prescribed for a conditional use permit
(Section 9-2.109 of this title).
(b) The proposed master plan of development shall generally incorporate the mitigation
measures as contained in the final supplemental environmental impact report (EIR),
prepared by Site and Environmental Design, February 1992. Depending on the proposed
project, the EIR may need to be modified or expanded to address unforeseen
environmental impacts.
(c) In approving a master plan of development, the level of processing for subsequent
projects or phases may be reduced to a plot plan; provided, that the master plan contains
sufficient detail to support such a determination.
(d) No subsequent plot plan, precise plan, conditional use permit, tentative parcel map or
tract map shall be approved unless found to be consistent with the approved master plan
of development. Any amendment to the master plan, including conditions thereof, shall be
accomplished as set forth in subsection (a) of this section.
(e) In approving a master plan of development for the site, the conditionally allowed land
uses are limited to the following:
(1) Automobile, mobilehome, and vehicle dealers and suppliers (see Section 9-6.163 of
this title);
(2) Accessory storage (see Section 9-6.103 of this title);
(3) Building materials and hardware (see Section 9-6.165 of this title);
(4) Business support services;
(5) Contract construction services;
(6) Eating and drinking places with drive-through facilities
(7) Electronic and scientific instruments;
(8) Farm equipment and supplies;
(9) Furniture and fixtures;
(10) Horticultural specialties (see Section 9-6.116 of this title);
(11) Hotels, Motels
(12) Sales lots (see Section 9-6.139 of this title);
(13) Small scale manufacturing;
(14) Temporary events (see Section 9-6.177 of this title);
(15) Temporary/seasonal sales (see Section 9-6.174 of this title);
(16) Utility transmission facilities;
(17) Vehicle and equipment storage (see Section 9-6.183 of this title);
(18) Indoor recreation;
(19) Pipelines;
City of Atascadero
Ordinance No. 525
Page 4 of 4
(20) Public assembly and entertainment.
(f) Any development shall be served by City sewer.
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 December 11, 2007, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
January 8, 2008, by the following roll call vote:
AYES: Council Members Beraud, Clay, Luna, O'Malley and Mayor Brennler
NOES: None
ABSTAIN: None
ABSENT: None
CITY ADERO
01/
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Brennler, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City erk
APPROVED AS TO FORM:
A e -,6z2
Brian A. Pierik, City Attorney