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Home My WebLink AboutOrdinance 319 CERTIFICATION 1, Marcia M. Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 319 adopted by the Atascadero City Council at a regular meeting thereof held on February 11, 1997 and that it has been duly published pursuant to State Law. DATED: Marcia M. Torgerson City Clerk City of Atascadero, California rrrrescrriu.+a.� + ORDINANCE NO. 319 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 23 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTY AT 10920 EL CAMINO REAL FROM RMF/16 TO RMF/16 (PD7) (ZC 96011: NICHOLS/CHARNLEY/SHOLDERS) WHEREAS, the proposed zoning map amendments are consistent with the General Plan in effect at the time of application acceptance, as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendments are in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendments will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on January 7, 1997, and has recommended approval of Zone Change 96011 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows : Section 1. Council Findings . 1 . The proposal is compatible with surrounding land uses and the zoning in effect at the time of application acceptance. 2 . The proposal is consistent with the General Plan in effect at the time of application acceptance . 3 . The proposal will not result in any significant adverse environmental impacts . The Negative Declaration prepared for the project is adequate. 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. Ordinance No. 319 Page 2 6. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements . 7 . The proposed plans offer certain redeeming features to compensate for requested modifications . Section 2 . Zoning Map. Map number 23 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify the parcel listed below, and shown on the attached Exhibit A, which are hereby made a part of this ordinance by reference. Parcel 2, 36 PM 49 Assessor' s Parcel 045-351-012 Development of said property shall be in accordance with the standards of the Planned Development Overlay Zone No. 7, the Tract Map (Tract 2234) shown on the attached Exhibit B, and any conditions of approval imposed during the approval of this zone change, Tentative Tract Map 96011, and/or any other associated applications . Section 3 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4 . Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. On motion by Councilmember Carden , seconded by, Councilmember Lerno, the foregoing Ordinance is approved by the following roll-call vote: Ordinance No. 319 Page 3 AYES: Councilmembers Carden, Lerno, Luna and Mayor Johnson NOES : None ABSENT: Councilman Clay (Abstain) ADOPTED: February 11, 1997 CI OF ATASCADERO 4RAYJOH , Mayor ATTEST: MARCIA M. TORGERSON, C y Clerk APPROVED AS TO RM: RM HA LE , City Attorney PREPARED BY: STEVEN L. DECAMP, Acting Community Development Director EXHIBIT A (I�i•Y OF A'1'AL;(_AI_)HIlO 1 q.,�. - - ORDINANCE 319 68710 ry �.16D COMMUNITY DEVELOPMENT . � DEPARTMENT Ao 1 Z._ as*•. � i � MF•�/0�"/F}-H)(P07 Ulf / �oCPK y 77 t � EXHIBIT B CTTY OF.••� — qr, — ORDINANCE 319 SIO?N COMMUNITY DEVELOPMENT aTi�C�F.}tp J ..�. 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Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 320 adopted by the Atascadero City Council at a regular meeting thereof held on February 11, 1997 and that it has been duly published pursuant to State Law. DATED: Marcia M. Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 320 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA ADDING SECTION 4-2.1011 TO THE ATASCADERO MUNICIPAL CODE PROHIBITING SKATEBOARD AND ROLLERBLADE CRUISING THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 4-2.1011 is added to the Atascadero Municipal Code to read as follows: 4-2.1011. Cruising on Skateboards and Rollerblades prohibited. (a) It is unlawful for any person on a skateboard, rollerblades or similar device to cruise on any public or privately owned sidewalk, parking lot or pedestrian walkway that is generally held open for public use to serve a facility which serves the public, including, but not limited to, shopping centers, professional offices, malls, movie theaters, restaurants, hotels, motels, retail stores, bowling alleys, other business establishments, school sites and administration building, parks and public buildings. (b) Cruising is defined as: (1) Use of skateboard, rollerblades or similar device for the sake of use, without immediate destination, at random or for the purpose of socializing with other skateboarders or rollerbladers; or (2) The repetitive operation of a skateboard, rollerblades or similar device past a specific point within a period of twenty (20) minutes. "Specific point" shall mean a location, in an area described in 4- 2.1011(a), selected by a peace officer on duty as an observation point in order to monitor conditions for potential violations of this article. (c) Any violation of this section shall be punishable as set forth in Section 4-2.1010. SECTION 7. EFFECTIVE DATE This ordinance takes effect at 12:01 a.m. on the 31st day after it is adopted. Within fifteen (15) days after this ordinance is adopted, the City Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the City of Atascadero. Ordinance No. 320 (cont'd) SECTION 8. HISTORY This ordinance was introduced at a regular meeting of the City Council of the City of Atascadero on January 28, 1997, and adopted by the following vote as an ordinance of the City of Atascadero at a regular meeting of the City Council on February 11, 1997. AYES: Councilmembers Carden, Clay, Lerno, Luna and Mayor Johnson NOES: None ABSTAIN: None ABSENT: None ATTEST: C TAS DERO RAY JO INS N, M or MARCIA M. TORGERSON, City Clerk APPROVED AS TO FORM: " I 0j , R Y . HANL Y, In rim City Attorney skatebrd.ord