HomeMy WebLinkAboutOrdinance 485 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. 485, adopted by the
Atascadero City Council at a regular meeting thereof held on October 11, 2005, 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. 485
ORDINANCE OF THE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING THE ZONING CODE TEXT
OF PLANNED DEVELOPMENT OVERLAY DISTRICT #10
(50009 50209 5060 Marchant Avenue/ Kelly Gearhart)
WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara
Avenue, Atascadero, CA) Applicant and Property Owner, to consider a project consisting of a
General Plan Amendment, Zone Map Change, and Zone Text Change from CTPD-10
(Commercial Tourist/Planned Development Overlay - 10) to RMF-10/PD-10(Residential Multi-
Family-10 with Planned Development Overlay #10) with an associated Master Plan of
Development and Tentative Tract Map on a 1.55-acre site located at 5000, 5020, and 5060
Marchant Avenue (APN 030-213-011, 012, 013, 014); and
WHEREAS, the Planning Commission has recommended that the site's General Plan
designation be amended from GC (General Commercial) to MDR (Medium Density
Residential); and,
WHEREAS, the Planning Commission has recommended that the site's Zoning District
be amended from CT/PD-10 (Commercial Tourist/Planned Development Overlay Zone#10) to
RMF-10/PD-10 (Residential Multi-family- 10/Planned Development Overlay Zone#10); and,
WHEREAS, the existing Planned Development Overlay Zone amendment is required to
maintain consistency with the recommended General Plan Amendment and Zone Map Change;
and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005-0042
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 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 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 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 September 6, 2005, studied and considered Zone Change 2005-0102, after first studying
and considering the Draft Mitigated Negative Declaration prepared for the project, and,
City of Atascadero
Ordinance No. 485
Page 2 of 4
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on
September 27, 2005, studied and considered Zone Change 2005-0102, after first studying and
considering the Draft 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 Text Change to Planned Development
Overlay Zone#10. 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.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on October 11, 2005, resolved to approve on second reading, by title only, an
ordinance that would amend the City Zoning code text with the following:
Planned Development Overlay Zone No. 10 is established as shown on the official zoning
maps (Section 9-1.102). The development standards contained within the Master Plan of
Development Document (CUP 2005-0156), as conditioned shall be applied to all future
development within the project area, and as follows:
a. All site development shall require the approval of a Master Plan of Development.
All construction and development shall conform to the approved Master Plan of
Development, as conditioned.
b. The Vesting Tentative Tract Map TTM 2003-0044 and any subsequent
amendments for the site shall be consistent with CUP 2003-0117.All
construction and development shall conform to the approved Master Plan of
Development, as conditioned.
c. No subsequent tentative parcel or tract map shall be approved unless found to
be consistent with the approved Master Plan of Development.
d. The residential dwelling units, landscaping, walls and fencing shall be subject to
review under the City's Appearance Review requirements consistent with the
approved Master Plan of Development.
e. Building setbacks, landscape area, and lot coverage shall be as identified within
the approved Master Plan of Development:
f. All landscaping shown on the approved landscape plan will be installed by the
developer and shall be maintained as approved through a homeowners
association or similar maintenance mechanism.
City of Atascadero
Ordinance No. 485
Page 3 of 4
g. All utilities, including electric,telephone and cable, along the frontage of, and
within the PD and along the project frontages shall be installed and/or relocated
underground.
h. An open space and tree preservation easement shall be recorded on the final
map over the existing riparian area.
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. 485
Page 4 of 4
INTRODUCED at a regular meeting of the City Council held on September 27, 2005, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
October 11, 2005, by the following roll call vote:
AYES: Council Members Clay,Luna, O'Malley and Mayor Scalise
NOES: Council Member Pacas
ABSTAIN: None
ABSENT: None
CITY OF ATASCADERO
By: ig
`---
W#y Scali" e, Mayor
ATTEST:
ow
Marcia McClure Torgerson, C.M.C.Pty Clerk
APPRO AS TO F RM:
PatricA. En t, City Attorney