HomeMy WebLinkAboutOrdinance 388 CERTIFICATION
I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the
foregoing is a true and correct original of Ordinance No. 388 adopted by the Atascadero City
Council at a regular meeting thereof held on November 13, 2001, and that it has been duly
published pursuant to State Law.
DATED: �)mk� Z6 IF.
Marcia McClure Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 388
AN ORDINANCE OF THE CITY COUNCIL OF ATASCADERO
AUTHORIZING ZONE CHANGE 2000-0016 AMENDING THE ZONING
MAP DISTRICT OF APN 054-022-033 FROM RSF-Z (RESIDENTIAL
SINGLE FAMILY—Z) TO RSF-Z / PD-16 (RESIDENTIAL SINGLE
FAMILY WITH A PD-16 OVERLAY DISTRICT) SUBJECT TO A
MASTER PLAN OF DEVELOPMENT
(5725 Portola Road /APN 054-022-033 / Mike Messer)
WHEREAS, an application has been received from Mike Messer (PO Box 1661,
Atascadero, CA 93423) Applicant and Property Owner, to consider a project consisting of an
amendment to the City's Zoning Text to create a new Planned Development Overlay District
(PD 16), a zone change from RSF-Z (Residential Single Family— minimum lot size 1 1/2 to 2 %2
acres) to RSF-Z / PD-16 (Residential Single Family — minimum lot size 1 1/2 to 2 1/2 acres with
Planned Development Overlay 16), the adoption of a Master Plan of Development, and a two-lot
residential Tentative Parcel Map on APN 054-022-033; and,
WHEREAS, the site's General Plan Designation is LDSF (Low Density Single-Family;
and,
WHEREAS, the site's current zoning district is RSF-Z (Residential Single Family; with
a minimum lot size of 1 %2 to 2 '/2 acres); and,
WHEREAS,the City Council has determined that it is in the best interest of the City to
enact this amendment to the 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,
WHEREAS, the Planning Commission of the City of Atascadero, at a public hearing
held on September 4, 2001, studied and considered Zone Change 2001-0016, after first studying
and considering the Draft Negative Declaration prepared for the project; and,
WHEREAS, the Atascadero City Council, at a duly noticed public hearing held on
Tuesday, October 23, 2001, considered Zone Change 2001-0016, after first studying and
considering the Proposed Negative Declaration prepared for the project,
NOW, THEREFORE,the City Council does hereby ordain as follows:
SECTION 1. Findings for Approval of a Zone Change Creating a PD-16 Planned
Development Overlay District. The City Council finds as follows:
City of Atascadero
Ordinance No.388
Page 2
a) Modification of development standards or processing requirements is warranted to promote
orderly and harmonious development.
b) 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.
c) Benefits derived from the overlay zone cannot be reasonably achieved through existing
development standards or processing requirements.
d) Proposed plans offer certain redeeming features to compensate for the requested
modification.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on October 23, 2001 resolved to introduce for first reading an ordinance that
would rezone the subject site consistent with the following:
a) Exhibit A: Zone Change Map
SECTION 3. Effective Date.
This ordinance shall be effective at 12:01 a.m. on the 31St day after its final
passage.
On motion by Council Member Johnson and seconded by Council Member Scalise, the
foregoing Resolution is hereby adopted following roll call vote:
AYES: Council Members Clay, Johnson, Scalise and Mayor Arrambide
NOES: Council Member Luna
ABSTAIN: None
ABSENT: None
ADOPTED: November 13, 2001
J. MichaelArrambide, Mayor
Attest:
Marcia McClure Torgerson, City Cle
Approved as to form:
1,/-4 A/
Roy Hanley, City ttorney
City of Atascadero
Ordinance No.388
Page 3
Exhibit A: Proposed Zoning Map
ZCH 2001-0016/CUP 2001-0046/TPM 2001-0019
Project Site: 5725 Portola Road
APN 0554-022-033
Existing Zoning: RSF-Z
Proposed Zoning: RSF-Z(PD16)
Project Site