HomeMy WebLinkAboutOrdinance 395 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. 395 adopted by the Atascadero City
Council at a regular meeting thereof held on May 14, 2002, and that it has been duly published
pursuant to State Law.
DATED:
Marcia McClure Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 395
AN ORDINANCE OF THE CITY OF ATASCADERO TO APPROVE
ZONE CHANGE 2001-0020 THEREBY AMENDING THE ZONING
MAP DISTRICT OF APN 029-302-050 FROM RMF-10 (RESIDENTIAL
MULTI-FAMILY) TO RMF-10 / PD-7 (RESIDENTIAL MULTI-FAMILY
WITH A PD-7 OVERLAY DISTRICT) SUBJECT TO A MASTER PLAN
OF DEVELOPMENT.
(5070-5080 Palma Avenue/APN 029-302-050
Elbert Gifford / Wilson Land Surveys)
WHEREAS, an application has been received from Elbert Gifford Jr. (13505 Chispa
Road, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting
of a zone change from RMF-10 (Residential Multi-Family) to RMF-10 / PD-7 (Residential
Multi-Family with Planned Development Overlay #7) with the adoption of a Master Plan of
Development, and a five-lot residential tentative tract map on APN 029-302-050; and,
WHEREAS, the site's General Plan Designation is LDMF (Low Density Multi-
Family); and,
WHEREAS, the site's current zoning district is RMF-10 (Residential Multi-Family);
and,
WHEREAS, the Planning Commission 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 on
February 5, 2002, 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 March 5, 2002, studied and considered Zone Change 2001-0020, after first studying
and considering the Draft Negative Declaration prepared for the project recommended 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 Atascadero 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,
City of Atascadero
Ordinance No.395
Page 2
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 Atascadero City Council at which hearing evidence, oral
and documentary, was admitted on behalf of said zoning amendments; and,
WHEREAS, the Atascadero City Council, at a Public Hearing held on April 23,
2002, studied and considered Zone Change 2001-0020, after first studying and considering
the Draft Negative Declaration prepared for the project, and,
NOW, THEREFORE, the Atascadero City Council takes the following actions:
SECTION 1. Findings for Approval of a Zone Change Creating a PD-7 Planned
Development Overlay District. The Atascadero 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. Proposed plans offer certain redeeming features to compensate for the requested
modification.
5. That flexibility from the setback standard is necessary to enable the environmentally
superior design alternative; and,
6. At least 50 percent of each individual lot will be landscaped; and,
7. At least 60 percent of the net area of the overall site will be landscaped.
SECTION 2. Approval. The Atascadero City Council, in a regular session
assembled on April 23, 2002, resolved to recommend that the City Council introduce for first
reading an ordinance that would rezone the subject site consistent with the following:
1. Exhibit A: Zone Change Map
SECTION 3. Effective Date.
This ordinance shall be effective a 12:01 a.m. on the 31 st day after its final passage.
City of Atascadero
Ordinance No.395
Page 3
On motion by Council Member Johnson and seconded by Council Member Clay, the
foregoing Ordinance is hereby adopted following roll call vote:
AYES: Council Members Clay, Johnson and Mayor Arrambide
NOES: Council Member Luna
ABSTAIN: None
ABSENT: Council Member Scalise
ADOPTED: May 14, 2002
.By:"-' d
Y;
r'
ichael Arrambide, Mayor
Attest:
C� C
Marcia McClure Torgerson, Citlerk
Approved as to form:
Ro . Hanley, ity A orney
City of Atascadero
Ordinance No.395
Page 4
Exhibit A: Zone Change Map
ZCH 2001-0020
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Project Site: APN 029-302-050
Existing Zoning: RMF-10
Amended Zoning: RMF-10(PD 7)