HomeMy WebLinkAboutOrdinance 445 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. 445, adopted by the
Atascadero City Council at a regular meeting thereof held on April 13, 2004, and that it has been
duly published pursuant to State Law.
DATED:
Marcia McClure Torgerson, C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 445
AN ORDINANCE OF THE ATASCADERO CITY COUNCIL
APPROVING ZONE CHANGE 2003-0076, AMENDING THE OFFICAL
ZONING MAP OF APN 029-302-047 FROM CR TO RMF-10
(5245 El Camino Real/Sherwin)
WHEREAS, an application has been received from Stan Sherwin (5245 El Camino Real,
Atascadero CA 93422), Applicant and Property Owner to consider a project consisting of a
general plan amendment changing 0.15 acres of the GC (General Commercial) land use
designation to MDR (Medium Density Residential); and change 0.15 acres of the CR
(Commercial Retail) zoning district to RMF-10 (Residential Multi-Family, 10 units/Acre) on
0.15 acres within APN 029-302-047; and,
WHEREAS, the site's General Plan land use designation is GC (General Commercial)
and has been recommended to be changed to MDR; and,
WHEREAS, the site's current zoning district is CR (Commercial Retail); 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, March 2, 2004, studied and considered Zone Change 2003-
0076, after first studying and considering the recertification of the Mitigated Declaration
prepared for the project, 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, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on Tuesday, March 23, 2004, studied and considered General Plan Amendment 2003-0011,
after first studying and considering the Mitigated Negative Declaration prepared for the project,
and,
City of Atascadero
Ordinance No.445
Page 2 of 4
NOW, THEREFORE, the City Council hereby resolves to take the following actions:
SECTION 1. Findings for Approval of a General Plan Amendment to the Land Use
Diagram of Atascadero as follows:
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.
6. The proposed amendment is in the best interest of the City to enact this amendment to the
General Plan Land Use Diagram to protect the health, safety and welfare of its citizens
and is compatible with existing and proposed development; and,
SECTION 2. Approval. The Atascadero City Council, in a regular session assembled
on March 23, 2004, hereby resolves to introduce for first reading by title only an ordinance that
would re-designate the subject site consistent with the following:
1. Exhibit A: Zone Change Amendment
City of Atascadero
Ordinance No.445
Page 3 of 4
On motion by Mayor Luna, and seconded by Council Member O'Malley the foregoing
Ordinance is hereby adopted in its entirety by the following roll call vote:
AYES: Council Members Clay, Pacas, Scalise and Mayor Luna
NOES: None
ABSTAIN: Council Member O'Malley
ADOPTED: April 13, 2004
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By:
G orge Luna, Mayor
ATTEST:
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Marcia McClure Torgerson, C.M.C., Cit Jerk
APPROVED AS TO FORM:
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Roy . anley, City Attorn
City of Atascadero
Ordinance No.445
Page 4 of 4
Exhibit A: Zone Change Map 2003-0076
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Official Zoning Map Change
APN 029-302-047
Existing Zone: CR
Amended Zone: RMF-10