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HomeMy WebLinkAboutOrdinance 439 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. 439, adopted by the Atascadero City Council at a regular meeting thereof held on March 23, 2004, and that it has been duly published pursuant to State Law. DATED: C� ^1 d — a w4tz Marcia McClure Torgerson,C.M.C. City Clerk City of Atascadero,California ORDINANCE NO. 439 A ORDINANCE OF THE ATASCADERO CITY COUNCIL APPROVING ZONE CHANGE 2003-0073 THEREBY AMENDING THE ZONING MAP DISTRICT OF: APN 056-111-027, 056-111-025 CR (COMMERCIAL RETAIL AND COMMERCIAL TOURIST TO RSF-X (RESIDENTIAL SINGLE FAMILY - X); APN 049-163-013 AND APN 49-163-015 FROM RS TO RSF-Y; APN 049-011-004 RS (RESIDENTIAL SUBURBAN) TO RSF-Y (RESIDENTIAL SINGLE FAMILY —Y); APN 049-011-004 RS (RESIDENTIAL SUBURBAN TO RSF-Y (RESIDENTIAL SINGLE FAMILY —Y); AND APN 028-231-003 RR TO OS (OPEN SPACE). (Pine Mountain TDR/ Gearhart, Molina) WHEREAS, the following applications have been received: 8825, 8955 Coromar Avenue (APN 056-111-027, 056-111-023): Zone Change amendment to the Atascadero Official Zoning Map from CR (Commercial Retail) & CT (Commercial Tourist)to RSF-X(Residential Single Family)zone. Applicant: Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422) and William Johnson (8955 Coromar Avenue, Atascadero, CA 93422); 3680, 3700 Colima Road (049-163-013, 49-163-015): Zone Change amendment to the Atascadero Official Zoning Map from RS (Residential Suburban) to RSF-Y (Residential Single Family-Y). Applicant: Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422); Ferrocaril Road - De Anza Estates (049-011-004): Zone Change amendment to the Atascadero Official Zoning Map from RS (Residential Suburban) to RSF-Y (Residential Dingle Family-Y). Applicant: Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422); Pine Mountain (APN 028-231-003): Zone Change amendment to the Atascadero Official Zoning Map from RR (Rural Residential)to OS (Open Space). Applicant: George Molina (5000 Marchant Avenue, Atascadero, CA 93422); and WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0069 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, City of Atascadero Ordinance No.439 Page 2 of 7 WHEREAS, the City Council 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 and expanding housing opportunities within 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 City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, NOW, THEREFORE, the City Council hereby resolves to take the following actions: SECTION 1. Findings for Approval of a Zone Change. The City Council finds as follows: 1. The proposed amendment is in the public interest. 2. The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 3. The proposed amendment is compatible with existing development, neighborhoods and the environment. 4. The proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 5. The proposed amendment is consistent with adopted General Plan EIR and mitigation monitoring program. SECTION 2.Approval. The Atascadero City Council, in a regular session assembled on March 9, 2004, hereby resolves to introduce for first reading an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Official Zoning Map Change SECTION 3.Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31"day after its final passage. City of Atascadero Ordinance No.439 Page 3 of 7 On motion by Council Member O'Malley and seconded by Council Member Clay, the foregoing Ordinance is hereby adopted in its entirety by the following roll call vote: AYES: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna NOES: None ABSENT: None ADOPTED: March 23, 2004 CITY OF ASCADER By: /11 r. Geode Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City 4rk APPROVED AS TO FORM: Roy Hanley, City Atto y Exhibit A: Zone Change 2003-0073 Official Zoning Map Change Coromar Avenue Site IIbY�rYl�+C 1'. it 16. Site , a t Official Zoning Map Change: 056-111-027, 056-111-023 Existing Zones: CR, CT Amended Zone: RSF-X Exhibit A: Zone Change 2003-0073 Official Zoning Map Change Colima Road Site Project Site SIF r Official Zoning Map Change. , 049-163-013, 015 Existing Zone: RSRx Amended Zone: RSF-Y Exhibit A: Zone Change 2003.0073 Official Zoning Map Change Ferrocaril Road Site r r; r Project E t . Site ' k I -yy 2 �ij P Official Zoning Map Change: 049-011-004 Existing Zone: RS/PD-16 Amended Zone: RSF-Y/PD-16 , Exhibit A: Zone Change 2003-0073 Official Zoning Map Change Pine Mountain Road Site " ^s h. T i � s r Project " Site ,a , RR t a ¢ "RS F-Y y(i j '�,,.. yµ1 Official Zoning Map Change: ' Ar Ilk; 028-231-003 Existing Zone: RR Amended Zone: OS I