HomeMy WebLinkAboutOrdinance 498 CERTIFICATION
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. 498, adopted by the
Atascadero City Council at a regular meeting thereof held on September 12, 2006, and that it has
been duly published pursuant to State Law,
DATED: '... r
March McClure Torrerson,C.M.C. ,
City Clerk
City of Atascadero, California
ORDINANCE NO. 498
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE
CHANGE 2005-0097, AMENDING THE OFFICIAL ZONING MAP
DESIGNATION OF APN 030-292-022 FROM RMF-10 (RESIDENTIAL
MULTI-FAMILY— 10) TO RMF-10 /PD-25 TO INCLUDE AN HS
(HISTORIC SITE) OVERLAY ON LOT 1 (RESIDENTIAL MULTI-
FAMILY— 10/ PLANNED DEVELOPMENT OVERLAY #25)
(8255 San Andres Ave/ Barre)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Gene Barre (PO Box 776,
Templeton, CA 93465) Applicant and Property Owner, to consider a project consisting of a Zone
Change from RMF-10 (Residential Multi-family-10) to RMF-10/PD25 (Residential Multi-
Family-10 with a Planned Development Overlay 25) with corresponding Master Plan of
Development and Vesting Tentative Tract Map located at 8255 San Andres Avenue, (APN 030-
292-022); and,
WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential);
and,
WHEREAS, the site's current zoning district is RMF-10 (Residential Multi-family -10);
and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0019 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,
aw WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on June 20, 2006 studied and considered Zone Change 2005-0097, after first
City of Atascadero
Ordinance No.498
Page 2 of 4
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 September 12, 2006, studied and considered Zone Change 2005-0097, 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-25/11S. 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
Ono 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 and a
carport to allow for parking of the existing residence.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session
assembled on September 12, 2006, resolved to approve on second reading by title only, an
ordinance that would rezone the subject site consistent with the following:
1. Exhibit A: Location Map/Zone Map Amendment Diagram
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City of Atascadero
Ordinance No.498
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 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 August 8, 2006, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on September
12, 2006, by the following roll call vote:
AYES: Council Members Clay, Pacas and Mayor O'Malley
NOES: None
ABSTAIN: None
ABSENT: Council Member Luna
One Vacancy
ATTEST: C Y OF ATASCAD�ERO
C�
Marcia McClure Torgerson, C.M. Tom O'Malley, M or
City Clerk
APPROVED AS TO FORM:
r
Patrick,I,. En , City Attorney
City of Atascadero
Ordinance No.498
Page 4 of 4
Exhibit A: Location Map/Zone Map Amendment Diagram
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Project Site
;- Lot 1: include
HS overlay
�, ;-.''`, .-`'. .y-''• Zone
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Existing Designation:
- Medium Density Residential
- Residential Multi-family- 10
Proposed Designation:
- Medium Density Residential
-Residential Multi-Family-10/PD 25 (HS overlay on Lot 1)
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