HomeMy WebLinkAboutOrdinance 408 CERTIFICATION
I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the
foregoing is a true and correct original of Ordinance No. 408 adopted by the Atascadero City
Council at a regular meeting thereof held on January 14, 2003, and that it has been duly
published pursuant to State Law.
DATED:
Marcia McClure Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 408
AN ORDINANCE OF THE CITY OF ATASCADERO APPROVING
ZONE CHANGE 2002-0029 THEREBY AMENDING THE ZONING
MAP DISTRICT OF APN 049-023-0309 049-291-0169 049-291-005 TO
ADD A PD-16 OVERLAY DISTRICT SUBJECT TO A MASTER PLAN
OF DEVELOPMENT.
(2000 Ferrocarril / Gearhart)
WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara
Avenue, Atascadero, CA 93422, (Applicant & Owner), to consider a project consisting of a
Planned Development overlay zone change to PD-16 with the adoption of a Master Plan of
Development, and an sixteen-lot cluster residential tract map, on a 31+/- acre lot located at
2000 Ferrocarril Road (APN 049-023-030, 049-291-016, 049-291-005); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2002-0030
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 site's vested General Plan Designation is PUB (Public) and SSF
(Single Family Suburban); and,
WHEREAS, the site's vested zoning district is P (Public) and RS (Residential
Suburban); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of
the City to enact this amendment to the Zoning Map to protect the health, safety and welfare
of its citizens by applying orderly development of the City and allowing for the creation of
common open space areas; 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 Public Hearing
held on November 5, 2002, studied and considered Zone Change 2002-0029, after first
studying and considering the Draft Mitigated Negative Declaration prepared for the project,
and,
City of Atascadero
Ordinance No. 408
Page 2
WHEREAS, the Atascadero City Council, at a Public Hearing held on December 10,
2002, studied and considered Zone Change 2002-0029, after first studying and considering
the Draft Mitigated Negative Declaration prepared for the project, and,
NOW, THEREFORE, the City Council takes the following actions:
SECTION 1. Findings for Approval of a Zone Change Creating a PD-16
Planned Development Overlay District. The Planning Commission finds as follows:
1. Modification of development standards or processing requirements is warranted to
promote orderly and harmonious development.
2. 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.
3. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
4. Proposed plans offer certain redeeming features to compensate for the requested
modification including the creation of a 5.76 acre common open space parcel with
an pedestrian access trail connection to the Salinas River.
SECTION 2. Approval. The Atascadero City Council, in a regular session
assembled on December 10, 2002 resolved to introduce for first reading an ordinance that
would rezone the subject site consistent with the following:
1. Exhibit A: Zone Change Map
SECTION 3. Effective Date.
This ordinance shall be effective a 12:01 a.m. on the 31St day after its final passage.
On motion by Council Member Scalise and seconded by Council Member O'Malley, the
foregoing Ordinanceis hereby adopted following roll call vote:
AYES: Council Members O'Malley, Scalise and Mayor Clay
NOES: Council Members Luna and Pacas
ABSTAIN: None
ABSENT: None
ADOPTED: January 14, 2003
City of Atascadero
Ordinance No. 408
Page 3
By:
Jerry L Clay, Sr., Mayor
Attest:
Marcia McClure Torgerson, Cit lerk
Approved as to form:
4
Roy 7ley, City Attor y
City of Atascadero
Ordinance No. 408
Page 4
Exhibit A: Zone Change Map
ZCH 2002-0029
Existing Zoning: RS/P
Proposed Zoning: RS(PD-16-2)
2000 Ferrocarril
APH 049-023-030,049-291-016,049-291-005
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