HomeMy WebLinkAboutOrdinance 463 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. 463 adopted by the Atascadero City Council at a regular meeting
thereof held on September 28, 2004 and that it has been duly published
pursuant to State Law.
DATED: 2--Z
Marcia McClure Torg erson,
City Clerk
City of Atascadero, California
ORDINANCE NO. 463
ORDINANCE OF THE CITY COUNCIL OF THE OF ATASCADERO,
CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE BY
APPROVING ZONE CHANGE 2004-0085, AMENDING THE OFFICIAL
ZONING MAP DESIGNATION OF APN 045-342-0039 045-381-0109
045-381-0079 045-381-0099 045-331-0029 045-331-0049 045-331-008,
045-331-0019 045-342-0059 045-342-0049 045-342-0139 045-342-0019
045-342-008, 045-342-0029 045-352-005
(Dove Creek /Bermant Development Company)
WHEREAS, an application has been received from Bermant Development Company
(5383 Hollister Ave, Suite 150, Santa Barbara, CA 93111) applicant to consider a project
consisting of a Zone Change from CR (Commercial Retail) to CR/RMF-10/OS/PD-12
(Commercial Retail/Residential Multi-family-10/Open Space/Planned Development Overlay
#12) on a 63.3-acre site located at Santa Barbara Rd and El Camino Real, Atascadero, CA
93422 (APN 045-342-003, 045-381-010, 045-381-007, 045-381-009, 045-331-002, 045-331-
004, 045-331-008, 045-331-001, 045-342-005, 045-342-004, 045-342-013, 045-342-001, 045-
342-008, 045-342-002, 045-352-005); and,
WHEREAS, the site's General Plan Designation is (MU)Mixed-Use; and,
WHEREAS, the site's current zoning district is CR (Commercial Retail/(PD-12)Planned
Development#12; 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 August 17, 2004, and the City Council, at a duly noticed Public Hearing
held on September 14, 2004, studied and considered Zone Change 2004-0085, after first studying
and considering the Proposed Mitigated Negative Declaration prepared for the project, and,
City of Atascadero
Ordinance No.463
Page 2 of 4
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of
Atascadero Changing the existing CR with a PD-12 Overlay Zoning District to CR/RMF-
10/OS/PD-12. 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 PD-12 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 14, 2004, resolved to introduce for first reading, by title only, an ordinance (ZCH
2004-0085) 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.463
Page 3 of 4
On motion by Council Member O'Malley, and seconded by Council Member Scalise 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
ABSTAIN: None
ABSENT: None
ADOPTED: September 28, 2004
CITY OFqiTASCADER CA
By: �.
Dr. George Luna, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C. ity Clerk
APPROVED AS TO FORM:
Thomas R. Gibson, Interim City Attorney
City of Atascadero
Ordinance No.463
Page 4 of 4
Exhibit A: Zone Change Map 20040085
a OS
fly {
IDSIDS
<
PD-12
Overlay .
on entire 0S � "�
site
N
CR/PD-12...........6.Oac
r}' RMF-10/PD-12...37.7ac ,,
OS/PD-12...........19.6ac
Total................63.3 ac
* Note: the
existing PD-12
Overlay remains
Existing Designations:
-General Plan:Mixed-Use
-Zoning District:Commercial Retail
Proposed Designations:
-General Plan:Mixed-Use
-Zoning District: Commercial Retail,Residential Multi-
family— 10,Open Space,Planned Development#12