HomeMy WebLinkAboutOrdinance 393 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. 393 adopted by the Atascadero City
Council at a regular meeting thereof held on March 26, 2002, and that it has been duly published
pursuant to State Law.
DATED:
Marcia McClure Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 393
AN ORDINANCE OF THE CITY COUNCIL OF ATASCADERO
AUTHORIZING ZONE CHANGE 2001-0019 THEREBY AMENDING
THE ZONING MAP DISTRICT OF APN 030-461-054 FROM RMF-16
(RESIDENTIAL MULTI-FAMILY) TO RMF-16 / PD-7
(RESIDENTIAL MULTI-FAMILY WITH A PD-7 OVERLAY DISTRICT)
SUBJECT TO A MASTER PLAN OF DEVELOPMENT.
9385 Musselman Avenue/APN 030-461-054 /Jim Shores)
WHEREAS, an application has been received from Jim Shores, PO Box 216,
Atascadero, CA 93423, (Applicant), and Raymond Marasse, 9385 Musselman Avenue,
Atascadero, CA 93422, (Property Owner), to consider a project consisting of a zone change from
RMF-16 (Residential Multi-Family) to RMF-16 / PD-7 (Residential Multi-Family with Planned
Development Overlay #7) with the adoption of a Master Plan of Development, a ten-lot
residential tentative tract map, and a request to abandon a portion of the Musselman Avenue
public right-of-way on APN 030-461-054; and,
WHEREAS, an Initial Study and Draft Negative Declaration 2001-0053 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 site's General Plan Designation is HDMF (High Density Multi-Family;
and,
WHEREAS, the site's current zoning district is RMF-16 (Residential Multi-Family; 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 Atascadero City Council, at a duly noticed Public Hearing held on
Tuesday, February 26, 2002, considered Zone Change 2001-0019, after first studying and
considering the Proposed Negative Declaration prepared for the project, and
City of Atascadero
Ordinance No.393
Page 2
WHEREAS, the City Council of the City of Atascadero, held a second reading of the
Draft Ordinance on March 26, 2002.
NOW, THEREFORE,the City Council does ordain as follows:
SECTION 1. Findings for Approval of a Zone Change Creating a PD-7 Planned
Development Overlay District. The City Council finds as follows:
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 Council of the City of Atascadero, in a regular session
assembled on Tuesday, March 26, 2002 resolved to introduce for second 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 a 12:01 a.m. on the 31St day after its final
passage.
On motion by Mayor Pro Tem Scalise and seconded by Council Member Johnson, 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: March 26, 2002
City of Atascadero
Ordinance No.393
Page 3
9J. Michael Arrambide, Mayor
Attest:
Marcia McClure Torgerson, Ci y Clerk
Approved as to form:
"-- 7iIIkvJW1I
Roy f anley, City Att ney
City of Atascadero
Ordinance No.393
Page 4
Exhibit A: Zone Change Map
ZCH 2001-0019
Existing Zoning: RMF-16
Proposed Zoning: RMF 16(PD7)
9385 Musselman Avenue
APN 030-461-054
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