HomeMy WebLinkAboutOrdinance 456 CERTIFICATION
I, 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. 456 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. .
City Clerk
City of Atascadero, California
ORDINANCE NO. 456
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE 2004-
0081, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF
APN 031-242-012 FROM CP (COMMERCIAL PROFESSIONAL) TO
CP/RMF-16/PD-22 (COMMERCIAL PROFESSIONAL/RESIDENTIAL
MULTI-FAMILY— 16 WITH A PLANNED DEVELOPMENT #22
OVERLAY ZONE)
(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)/ RMF-16
(Residential M ulti-family-16) t o C P/RMF-1 6/PD-22 (Mixed-use C ommercial P rofessional a nd
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 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 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
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 May 18, 2004, studied and considered Zone Change 2004-0081, after
first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project, and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on Tuesday, June 22, 2004, studied and considered Zone Change 2004-0081, after first
studying and considering the Mitigated Negative Declaration prepared for the project, and,
City of Atascadero
Ordinance No. 456
Page 2 of 5
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of
Atascadero Creating a P D-22 Planned D evelopment O verlay D istrict. The City Council
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.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session
assembled o n Ju ly 2 7, 2 004,r esolved t o a pprove o n s econd r eading a n ordinance t hat w ould
rezone the subject site consistent with the following:
1. Exhibit A: Zone Change Map
2. Exhibit B: Zone Change Map: Project Site
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. 456
Page 3 of 5
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
CITYO TASCADER
By: �..
1 Dr. George Luna, Mayor
ATTEST:
M9444�
Marcia McClure Torgerson, C.M.C., ty Clerk
APPROVED AS TO FORM:
Thomas R. Gibson, Interim City Attorney
City of Atascadero
Ordinance No.456
Page 4 of 5
Exhibit A: Zone Change Map 2004-0081
e
Project Site:
8315 Morro Rd.
R
Zone Change to
RMF-16: 0.188 ac
min
Morro Rd.
Existing Designation:
-General Plan: General Commercial
-Zoning District: Commercial Professional
Proposed Designation:
-General Plan: General Commercial/High Density
residential
-Zoning District: Commercial Professional/Residential
Multi-family-16/PD-22 overlay
City of Atascadero
Ordinance No.456
Page 5 of 5
Exhibit B: Zone Change Map: Project Site
N3AV 'VOdVwV
KL
RMF-16 .f_ Fa
(Residential
Multi- �; "�"family-16)/ - mnmumof
PD-220.188 acres
Overlay
o h.
f'a
� � 3
CP
(Commercial
Professional)
w �
/PD-22
Overlay
i P
4 f
ST F
3
3
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Yd� mss.:
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