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HomeMy WebLinkAboutOrdinance 466 CERTIFICATION 1, Marco McClure Torgersoo, C.M.C., City Clerk of dre City of Atascedao, hereby certify tbet the foregoing is a nuc al correct copy of Ord'maance No. 466, adopted by the Abscfaro City Comcil at a reg"meeting d fheld on October 26,2004,sand that it has bem My published pwsmnt to Sure law. DATED: �� 2—tl—l � rnC Marele McClure Torgemw C.M.C. City Clerk CityofAu ro,California ORDINANCE NO. 466 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2004-0083, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 030-491-013, 0159 0189 001 FROM CR (COMMERCIAL RETAIL) TO CR/RMF-10/PD-24 (COMMERCIAL RETAIL/RESIDENTIAL MULTI-FAMILY — 10/PLANNED DEVELOPMENT OVERLAY #24) (9105 Principal Avenue / WestPac Investments) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from WestPac Investments (805 Aerovista Place, Suite 202, San Luis Obispo, CA 93401)Applicant and Donald Messer,Thomas and Janice McNamara, William McNamara, (P.O. Box 1958, Atascadero, CA 93423), Property Owners, to consider a project consisting of a General Plan Amendment from GC (General Commercial) to GC/MDR (General commercial/Medium Density Residential) and Zone Change from CR (Commercial Retail) to CR/RMF-10/PD-24 (Commercial Retail/Residential Multi-Family-10 with Planned Development Overlay #24) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 5.52-acre site located at 9105 Principal Avenue (APN 030- 491-013, 015, 018, 001); and, WHEREAS, the Planning Commission has recommended that the site's current General Plan Designation be changed from GC (General Commercial) to GC/MDR (General Commercial/Medium Density residential); and, WHEREAS, the site's current zoning district is CR (Commercial Retail); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0024 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act(CEQA); 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, City of Atascadero Ordinance No. 466 Page 2 of 5 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on September 21, 2004, studied and considered Zone Change 2004-0083, 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 October 12, 2004, studied and considered Zone Change 2004-0083, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, 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 May of Atascadero Changing the existing site zoning to CR/RMF-10/PD24. 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. The proposed project offers certain redeeming features to compensate for the requested zone change. SECTION 2. Approval, The City Council of the City of Atascadero, in a regular session assembled on October 26, 2004 resolved to approve for first reading by title only, an ordinance that would rezone the subject site consistent with the following: i. Exhibit A: Location Map 2. Exhibit B: Zone Map Amendment Diagram City of Atascadero Ordinance No. 466 Page 3 of 5 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. INTRODUCED at a regular meeting of the City Council held on October 12, 2004, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on October 26, 2004,by the following roll call vote: AYES: Council Members Clay, O'Malley and Scalise NOES: Council Member Pacas and Mayor Luna ABSTAIN: None ABSENT: None CITY ATASCADER By: r. GeorgA una, Mayor ATTEST: MAI- / Z2 Marcia McClure Torgerson, C.M.C., y Clerk APPROVED AS TO FORM: Thomas R. Gibson, Interim City Attorney City of Atascadero Ordiance No.466 Page 4 of 5 Exhibit A: Location Map - I TTTT��vv f 8,: 4.J• HWY � Project Site: 101 9105 Principal Ave. 3 , s � a " El Camino Real Existing Desi nag tion: -Commercial Retail Proposed Designation: tion: -Commercial Retail/Residential Multi- Family-10/PD-24 City of Atascadero Ordiance No.466 Page 5 of 5 Exhibit B: Zone Map Amendment Diagram Commercial i 4. A Residential ulti- Fmv- - 4 5 � a A�6 tt a $ i , r "Op qZ- p .E Existing Desi nag tion: -Commercial Retail Proposed Designation: -Commercial Retail/Residential Multi- Family-10/PD-24