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HomeMy WebLinkAboutOrdinance 511 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. 511, adopted by the Atascadero City Council at a regular meeting thereof held on June 26, 2007, and that it has been duly published pursuant to State Law. A lei DATED: Marcia McClure Torgerson,C.M.C. City Clerk City of Atascadero, California ORDINANCE NO. 511 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2006-0112, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 030-421-005 FROM RSF-X (RESIDENTIAL SINGLE-FAMILY— X) TO RSF-X /PD-17 (RESIDENTIAL SINGLE- FAMILY— X/ PLANNED DEVELOPMENT OVERLAY #17) (8570 El Corte Road/ Eddings) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from Royce Eddings (10780 Vista Rd, Atascadero, CA 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RSF-X (Residential Single-family-X) to RSF-X/PD17 (Residential Single- Family-X with a Planned Development Overlay 17) with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 8570 El Corte Road, (APN 030-421- 005); and, WHEREAS, the site's General Plan Designation is SFR-X (Single-Family Residential- X); and, .r. WHEREAS, the site's current zoning district is RSF-X (Residential Single-family-X); and, WHEREAS, the Atascadero Municipal Code allows for a Planned Development to be established in the RSF-X zoning district allowing a maximum of 4 dwelling units per acre; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0031 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; am and, City of Atascadero Ordinance No. 511 Page 2 of 4 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed ,-„ Public Hearing held on May 15, 2007 studied and considered Zone Change 2006-0112, 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 June 12, 2007, studied and considered Zone Change 2005-0109, 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 existin! site zoning to RSF-X/ PD-17. 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 June 26, 2007, 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 City of Atascadero Ordinance No. 511 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 June 12, 2007, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on June 26, 2007, by the following roll call vote: AYES: Council Members Beraud, Brennler, Clay, O'Malley and Mayor Luna NOES: None ABSTAIN: None ABSENT: None CITY ATASCAD Now By: � Dr. Ge ge Luna, Mayor ATTEST: Mbit a� Marcia McClure Torgerson, C.M. , City Clerk APP IED AS TOFORM: 'Patri� En ' t, City Attorney City of Atascadero Ordinance No. 511 Page 4 of 4 Exhibit A: Location Map/Zone Map Amendment Diagram 8570 El Corte . .:' --4 v _A NN Z-7 V, N .. ........ ----- Existing: General Plan Designation—Single-Family Residential—X Zoning District—Residential Single-Family—X Proposed: General Plan Designation—Single-Family Residential—X Zoning District—Residential Single-Family—X/PD-17