HomeMy WebLinkAboutOrdinance 410 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. 410 adopted by the Atascadero City
Council at a regular meeting thereof held on February 25, 2003, and that it has been duly
published pursuant to State Law.
DATED:
Marcia McClure Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 410
AN ORDINANCE OF THE CITY OF ATASCADERO APPROVING ZONE
CHANGE 2002-0031 TO AMEND THE CITY'S ZONING MAP TO ADD A
PD 16 OVERLAY DISTRICT TO 9105 AND 9127 SAN DIEGO ROAD.
(9105 & 9127 San Diego Road/APN 045-441-035 & 045-441-004/William Mehring)
WHEREAS, an application has been received from William Mehring (11190 Santa
Lucia Road, Atascadero, CA 93423) Applicant and Property Owner, to consider a project
consisting of a zone change from RS (Residential Suburban— minimum lot size 2 1/2 to 10 acres)
to RS / PD-16 (Residential Suburban — minimum lot size 2 1/2 to 10 acres with Planned
Development Overlay 16), the adoption of a Master Plan of Development, and a five-lot
residential Tentative Tract Map on APN 045-441-035 &045-441-004; and,
WHEREAS, the site's General Plan Designation is Residential Estates (RE); and,
WHEREAS, the site's current zoning district is Residential Suburban (RS); with a
minimum lot size of 2 1/2to 10 acres); 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 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 December 17, 2002, studied and considered Zone Change 2002-0031 after first studying
and considering the Draft Mitigated Negative Declaration prepared for the project and thereby
recommended approval to the City Council, and,
WHEREAS, the Atascadero City Council, at a public hearing held February 11, 2003,
studied and considered Zone Change 2002-0031 after first studying and considering the Draft
Mitigated Negative Declaration prepared for the project and the Planning Commissions
recommendation, and,
City of Atascadero
Ordinance No.410
Page 2
NOW, THEREFORE, the City Council takes the following actions:
SECTION 1. FINDINGS FOR APPROVAL OF A ZONE CHANGE CREATING A PD-16
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 Atascadero City Council, in a regular session assembled on
February 11, 2003 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 a 12:01 a.m. on the 31"day after its final passage.
City of Atascadero
Ordinance No.410
Page 3
On motion by Council Member Luna and seconded by Council Member Pacas, the foregoing
Ordinance is hereby adopted following roll call vote:
AYES: Council Members Luna, O'Malley, and Pacas
NOES: Council Member Scalise and Mayor Clay
ABSTAIN: None
ABSENT: None
ADOPTED: February 25, 2003
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By>
er L. C , Sr., Mayor
Attest:
Marcia McClure Torgerson, City Cl#k
Approved as to form:
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