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HomeMy WebLinkAboutOrdinance 626ORDINANCE NO. 626 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE OFFICIAL ZONING DISTRICT DESIGNATION FOR PARCELS 1-4 OF AT02-278 TO CHANGE THE ZONING DESIGNATION FROM RECREATION (L) TO PUBLIC (P) WITH A PLANNED DEVELOPMENT OVERLAY ZONE NO. 35 ZONING DESIGNATION TRAFFIC WAY ZONING MAP AMENDMENTS ATASCADERO TEMPLE ASSOCIATION (ZCH19-0029) WHEREAS, an application has been received from Atascadero Temple Association, PO Box 715, Atascadero, CA 93423, Applicant and Owner to consider Planning Application ZCH 2019-0029 to rezone parcels 1 through 4 of Parcel Map AT02-278 (APN's 049-063-003, 049- 063-004, 049-071-029, 049-071-030) from Recreation (L) to Public (P) and establish Planned Development Overlay Zone No. 35 ; and WHEREAS, the site's General Plan Designation is Public Recreation (REC); and WHEREAS, the site's current zoning district is Recreation (L); and i� WHEREAS, the Planning Commission and City Council 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 Zoning 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 Planning and Zoning Text Amendments; and WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on June 4, 2019, studied and considered ZCH19-0029. WHEREAS, the Planning Commission of the City of Atascadero has recommended approval of the proposed zoning map amendment as presented to them on June 4, 2019; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Map Amendment application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning Map Amendments; and City of Atascadero Ordinance No. 626 Page 2 of 3 WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on n July 26, 2019, studied the Planning Commission's recommendations and considered the proposed zoning text amendments. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The City Council of the City of Atascadero, in a regular session assembled on July 26, 2019, resolved to introduce for first reading, by title only, an Ordinance that would amend the official City Zoning Map Designation as shown in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 3. Facts and Findings. The City Council makes the following findings, determinations and approvals with respect to the Zoning Map Amendment: A. Findings for Approval of a Zone Map Change FINDING: (i) The Zoning Map Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. FACT: The proposed zoning map amendment provides for the orderly n development of the subject parcels in alignment with the character of the surrounding neighborhood. FINDING: (ii) This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. FACT: The proposed map amendment provides for orderly development within the Public zoning district on Parcels 1 through 4 of Parcel Map AT02-278 in accordance with the adopted General Plan for the compatible use of the properties based on neighborhood characteristics. FINDING: (iii) The Text Change will not, in itself, result in significant environmental impacts. FACT: The proposed text changes are minor and do not trigger any environmental impacts. SECTION 4. CEOA. This Ordinance is exempt from the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant ^ effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). SECTION 5. Approval. Atascadero Zoning Map is amended as detailed in Exhibit A, attached hereto and incorporated herein by this reference. n City of Atascadero Ordinance No. 626 Page 3 of 3 SECTION 6. Interpretation. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 7. Preservation. Repealing of any provision of the Atascadero Municipal Code or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 8. Effect of Invalidation. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Atascadero Municipal Code or other City Ordinance by this Ordinance will be rendered void and cause such previous Atascadero Municipal Code provision or other City Ordinance to remain in full force and effect for all purposes. SECTION 9. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 10. Notice. The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of Atascadero's book of original ordinances, make a note of the passage and adoption in the records of this meeting and within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 11. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption. INTRODUCED at a regular meeting of the City Council held on April 23, 2019, and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California, on August 13, 2019. CITY OF ATASCADERO Heather Moreno, Mayor APPROVED AS TO FORM: /3-J Brian A. Pierik, City Attorney n EXHIBIT A: Zone Map Change - Map Amendment Diagram ZCH19-0029 Subject Parcels: APN's \ 049-063-003 049-063-004 °4s, 049-071-029 �6�°O 049-071-030 a Previous Zoning Designation: 4�0 61? Recreation (L) Tr °Ov do New Zoning Designation: Public (P) San Benito School VOW,' 71°° \ STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss CITY OF ATASCADERO ) I, LARA K. CHRISTENSEN, City Clerk of the City of Atascadero, DO HEREBY CERTIFY that Ordinance No. 626 was duly introduced at a regular meeting held July 26, 2019 and adopted at a regular meeting of the City Council held on the 13th day of August, 2019 by the following roll call vote, to wit: AYES: Council Members Bourbeau, Fonzi, Funk, Newsom, and Mayor Moreno NOES: None ABSENT: None I hereby certify that the foregoing is the original of Ordinance No. 626 duly passed and adopted by the Atascadero City Council at their regular meeting held on August 13, 2019 and that summaries of the Ordinance were published on August 2, 2019 and August 23, 2019 in the Atascadero News newspaper. n