HomeMy WebLinkAboutOrdinance 517CERTIFICATION
1, 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. 517, adopted by the
Atascadero City Council at a regular meeting thereof held on November 13. 2007, and that it has
been duly published pursuant to State Law.
DATED:. 4 _.. l /. ��'rl-l/'1.�j►�l.,- V� ,3
1 Marcia McClure Torgerson, C.M.C. .
City Clerk
City of Atascadero, California
ORDINANCE NO. 517
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE
CHANGE 2007-01359 AMENDING THE OFFICIAL ZONING MAP
DESIGNATION OF APN 029-322-022, 0239 024 FROM RMF -10
(RESIDENTIAL MULTI -FAMILY —10) TO RMF -10 /PD -29
(RESIDENTIAL MULTI -FAMILY —10/ PLANNED DEVELOPMENT
OVERLAY #29) WITH AN HS (HISTORIC SITE) DESIGNATION ON THE
RESULTING LOT 1
5825 Ridgeway Ct.
(Beck)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Jim and Adrienne Beck (5825
Ridgeway Ct, Atascadero, Ca 93422) and Gary and Mary Tharp (12250 San Antonio Rd,
Atascadero, Ca 93422) Applicants and Property Owners, to consider a project consisting of a
Zone Change from RMF -10 (Residential Multi -family -10) to RMF-10/PD29 (Residential Multi -
Family -10 with a Planned Development Overlay 29) with corresponding Master Plan of
Development and Vesting Tentative Tract Map located at 5825 Ridgeway Ct, (APN 029-322-
022, 023, 024); and,
and,
and,
WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential);
WHEREAS, the site's current zoning district is RMF -10 (Residential Multi -family -10);
WHEREAS, proposed Lot 1 contains an existing historic Colony Home; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0003 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,
City of Atascadero
Ordinance No. 517
Page 2 of 4
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 September 18, 2007 studied and considered Zone Change 2007-0135,
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 November 13, 2007 studied and considered Zone Change 2007-0135, 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 Map of
Atascadero Changing the existing site zoning to RMF -10/ PD -29. 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.
5. The project site includes the retention of an existing Colony Home and an open space
easement over the existing riparian area allowing for location of the guest parking in a
parallel fashion along the shared driveway at the entrance to the project site.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on November 13, 2007, resolved to approve on second reading by title only,
an ordinance that would rezone the subject site consistent with the following:
Exhibit A: Location Map/Zone Map Amendment Diagram
1
City of Atascadero
Ordinance No. 517
Page 3 of 4
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 9, 2007, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on November
13, 2007, by the following roll call vote:
AYES: Council Members Beraud, Brennler, Clay, O'Malley and Mayor Luna
NOES: None
ABSTAIN: None
ABSENT: None
1
CI;Dr.
Y ATASC ERO
B
G orge Luna, Mayor
ATTEST:
WU4,�-47L —J�7)laq 9n
Marcia McClure Torgerson, C.M.C., Yty Clerk
APPR D AS TO RM:
Brian Pierik, Interim City Attorney
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1
1
1
City of Atascadero
Ordinance No. 517
Page 4 of 4
Exhibit A: Location Map / Zone Map Amendment Diagram
Existing Designation:
- Medium Density Residential
- Residential Multi -family - 10
Proposed Designation:
- Medium Density Residential
- Residential Multi -Family -10/ PD 29 — HS designation on resulting Lot 1