HomeMy WebLinkAboutOrdinance 455 CERTIFICATION
1, Marcia McClure Torgerson, C.M.C., City Clerk of the City of
Atascadero, hereby certify that the foregoing is the true and correct original of
Ordinance No. 455 adopted by the Atascadero City Council at a regular meeting
thereof held on July 27, 2004 and that it has been duly published pursuant to
State Law.
DATED:
Marcia McClure Torgerson, C. .C,
City Clerk
City of Atascadero, California
ORDINANCE NO. 455
i
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE 2004-
0080 AMENDING THE ZONING CODE TEXT TO ESTABLISH A
PLANNED DEVELOPMENT OVERLAY DISTRICT #22 FOR USE IN THE
GC/HDR GENERAL PLAN DESIGNATION ON APN 031-242-012
(8315 Morro Road /Rick Mathews)
WHEREAS, an application has been received from Rick Mathews (PO Box 863,
Atascadero, CA 93423) applicant and property owner to consider a project consisting of a
general plan amendment and zone change from CP (Commercial Professional) to CP/RMF-
16/PD-22 (Mixed-use Commercial Professional and Residential Multi-Family-16 with Planned
Development Overlay#22) on a 0.441-acre site located at 8315 Morro Rd. (APN 031-242-012);
and
WHEREAS, the site's current General Plan Designation is GC/HDR (General
Commercial/High Density Residential); and,
WHEREAS,the site's current zoning district is CP (Commercial Professional); and,
WHEREAS, the Commercial Professional zoning district allows for mixed-use
development with the establishment of a Planned Development Overlay zone to promote orderly
and harmonious development and to enhance the opportunity to best utilize special site
characteristics; and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Zoning Code Text to protect the health, safety and welfare of
its citizens by applying orderly development and expanding housing opportunities within the
City; and,
WHEREAS, the 1 aws 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 Text
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 May 18, 2004, studied and considered Zone Change 2004-0080, after first studying and
considering the Draft Mitigated Negative Declaration prepared for the project, and,
City of Atascadero
Ordinance No.455
Page 3 of 4
(f) Parking for one-resident vehicle shall be provided in a garage with minimum interior
dimensions of eleven (11)feet by twenty(20)feet. A minimum of one guest parking space of at
least nine (9)feet by twenty(20)feet shall be provided on site On-street parking shall not be used
to satisfy the parking requirements.
(g) Parking for the commercial/office uses shall be provided at a ratio of 1 space per 500 square
feet.
(h)All landscaping shown on the approved landscape plan will be installed by the developer and
shall be maintained as approved.
(i) Individual trash collection shall be used for each residential unit. Provisions shall be made for
storage of trashcans within the garage or fenced area.
(j)Trash for the commercial uses shall be stored within the designated receptacle area and shall
include recyclable waste.
(k)All utilities, including electric, telephone and cable, along the frontage of and within the PD
shall be installed underground.
(1)Alterations, additions, or conversions to established dwelling units and/or commercial buildings
shall be subject to the density and site development standards of the underlying zone and shall
be reviewed pursuant to the City's Appearance Review Guidelines.
(m)The permits for the commercial portion of the project must be issued prior to, or concurrent
with the issuance of the first residential permit, and that the commercial portion of the project shall
be finaled prior to, or concurrent with the final of the first residential permit.
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.455
Page 4 of 4
INTRODUCED at a regular meeting of the City Council held on June 22, 2004, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on July 27,
2004,by the following roll call vote:
AYES: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
NOES: None
ABSENT: None
ADOPTED: July 27, 2004
CITY O TASCAD O
Dr. George Luna,Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Oleri
APPROVED AS TO FORM:
Thomas R. Gibson, Interim City Attorney