HomeMy WebLinkAboutOrdinance 396 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. 396 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:
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Marcia McClure Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 396
AN ORDINANCE OF THE CITY OF ATASCADERO TO APPROVE
ZONE CHANGE 2001-0017 THEREBY AMENDING THE ZONING
MAP DISTRICT OF APN 030-081-003 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.
(7250 Santa Ysabel Avenue /APN 030-081-003 / Gearhart)
WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara
Avenue, Atascadero, CA 93422, (Applicant & Owner), and Eugene and Donna Barre, and
Kenneth and Jacqueline Lerno and James Miller, (Property Owners) 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, and an eleven-lot residential tract map, on a 1.33 acre lot
located at 7250 Santa Ysabel Avneue (APN 030-081-003); and,
WHEREAS, an Initial Study and Draft Negative Declaration 2002-0009 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 Planning Commission of the City of Atascadero, at a Public Hearing
held on April 2, 2002, studied and considered Zone Change 2001-0017, 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,
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,
City of Atascadero
Ordinance No.396
Page 2
WHEREAS, the Atascadero City Council, at a Public Hearing held on April 23,
2002, studied and considered Zone Change 2001-0017, 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.
SECTION 2. Approval. The Atascadero City Council, in a regular session
assembled on April 23, 2002 resolved 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.
On motion by Council Member Luna and seconded by Council Member Clay, the foregoing
Ordinance is hereby adopted following roll call vote:
AYES: Council Members Clay, Johnson, Luna and Mayor Arrambide
NOES: None
ABSTAIN: None
ABSENT: Council Member Scalise
ADOPTED: May 14, 2002
City of Atascadero
Ordinance No.396
Page 3
W. MicZha-elArrambide, Mayor
Attest:
Marcia McClure Torgerson, ity lerk
Approved as to form:
Roy Hanley, C y Atto ey
City of Atascadero
Ordinance No.396
Page 4
Exhibit A: Zone Change Map
ZCH 2001-0017
Existing Zoning: RMF-16
Amended Zoning: RMF 16(PD7)
7250 Santa Ysabel Avenue
APN 030-081-003
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