HomeMy WebLinkAboutOrdinance 430 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. 430 adopted by the Atascadero City
Council at a regular meeting thereof held on October 14, 2003, and that it has been duly
published pursuant to State Law.
DATED: 1 �� �� LOA
Marcia McClure Torgerson, C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 430
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO APPROVING ZONE CHANGE 2003-0041 THEREBY
AMENDING THE ZONING MAP DISTRICT OF
APN 045-311-0019 045-401-0159 045-401-0169 045-411-0019 045-412-001
FROM RS to SP-1
(Woodlands Specific Plan, Halcon Road / R.W. Hertel & Sons, Inc)
WHEREAS, an application has been received from R.W. Hertel & Sons, Inc. (5200
Telegraph Road, Ventura, CA, 93003) Applicant and Gordon Davis Land Co. (7405 Bella Vista,
Atascadero, CA 93422) Property Owner to consider a project consisting of a zone change from
RS (Residential Suburban) to SP-1 (Specific Plan#1) on a 120-acre site located at Halcon Road,
Atascadero, CA 93422 (APN 045-311-001, 045-401-015, 045-401-016, 045-411-001,
045-412-001); and
WHEREAS, the site's General Plan Designation is (SFR-X) Single-Family
Residential-X, (SFR-Y) Single-Family Residential-Y, (HDR) High Density Residential, (GC)
General Commercial, (OS) Open Space; and,
WHEREAS, the site's current zoning district is 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 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
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 Tuesday, August 19, 2003, studied and considered Zone Change
2003-0041, after first studying and considering the Proposed Mitigated Negative Declaration
prepared for the project, and,
WHEREAS, the Atascadero City Council, at a Public Hearing held on September 23,
2003, studied and considered Zone Change 2002-0041, after first studying and considering the
Draft Mitigated Negative Declaration prepared for the project, and,
City of Atascadero
Ordinance No.430
Page 2 of 4
NOW, THEREFORE, THE CITY COUNCIL FO THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning May of
Atascadero Creating a SP-1 Specific Plan District. The City Council finds as follows:
1. The proposed project or use is consistent with the General Plan; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the SP-1 Ordinance; and,
3. The establishment, and subsequent operation or conduct of the use will not, because of the
circumstances and conditions applied in the particular case, be detrimental to the health,
safety, or welfare of the general public or persons residing or working in the neighborhood of
the use, or be detrimental or injurious to property or improvements in the vicinity of the use;
and,
4. The proposed project or use will not be inconsistent with the character or the immediate
neighborhood or contrary to its orderly development.
SECTION 2. Approval. The Atascadero City Council, in a regular session assembled
on September 23, 2003 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. 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.
City of Atascadero
Ordinance No.430
Page 3 of 4
INTRODUCED at a regular meeting of the City Council held on September 23, 2003, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California on
October 14, 2003,by the following roll call vote:
AYES: Council Members Luna, O'Malley, Pacas, Scalise and Mayor Clay
NOES: None
ABSTAIN: None
ABSENT: None
ADOPTED: October 14, 2003
CIT OF ATASCAD O
By. X"C-Zzx"44
Jerry IL lay, r., ayor
ATTEST:
Marcia McClure Torgerson, City C rk
APPROVED AS TO FORM:
lfa,6� �",// —
Roy Hanley, City torney
City of Atascadero
Ordinance No.430
Page 4 of 4
Exhibit A: Zone Change Map
ZCH 2003-0041
Official Zoning Map Change
APN:045-311-001,045.401-015,
045-411-001,045-
045-401-016,
412-001. SC-
Existing Zone: RS OS
Amended Zone: SP-1A
C MFR
(F ) SFR-3
OS FR-1
F
6
OS
RS RS
SFR-2
OSH
CPK-PD
FH)
CN
CN
0
J
Legend
City Limit Line City of Atascadero Zoning Categories Woodlands Speciflc Plan Zoning Districts
Zoning Boundary P-Public SFR-1 -Single Family Residential
OS-Open Space (Small lot)
Woodlands Specific CN-Commercial Neighborhood SFR-2-Single Family Residential
Plan Boundary CP-K-Commercial Park (Standard Lot)
SFR-3-Single Family Residential
RS-Residential Suburban (Estate Lot)
FH-Flood Hazard Overlay MFR-Multi-Family Residential
PD7-Planned Development Overlay OS Open Space
RMF-Residential Multi-Family SC-1 -Service Commercial