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Home My WebLink AboutOrdinance 416 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. 416 adopted by the Atascadero City Council at a regular meeting thereof held on April 22, 2003, and that it has been duly published pursuant to State Law. DATED: Marcia McClure Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 416 AN ORDINANCE OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE 2002-0032 THEREBY AMENDING THE ZONING MAP DISTRICT OF APN 030-481-0059 006 RMF-16 (RESIDENTIAL MULTI- FAMILY, 16 UNITS/ACRE) TO RMF-16/PD-18 (RESIDENTIAL MULTI- FAMILY WITH PLANNED DEVELOPMENT OVERLAY #18), SUBJECT TO A MASTER PLAN OF DEVELOPMENT (9500 Las Lomas Avenue/Hendrix) WHEREAS, an application has been received from Rex Hendrix (PO Box 6062, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of another zone change from RMF-16 (Residential Multi-Family) to RMF-16 / PD-18 (Residential Multi-Family with Planned Development Overlay #18) with the adoption of a Master Plan of Development, and an 30-lot residential tract map, on a 2.94 acre lot located at 9500 Las Lomas Avenue (APN 030-481-005 and 030-481-006); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2002-0038 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 GC (General Commercial); and, WHEREAS, the site's current zoning district is RMF-16 (Residential Multi-Family, 16 units/acre max); and, WHEREAS, General Plan HDR land use designation allows for the creation of multi- family planned development projects with a maximum density of 16 unit per acre and Zoning Ordinance Article 28 allows Planned Development Overlay zones to be established to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; 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 and expanding housing opportunities within 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, City of Atascadero Ordinance No.416 Page 2 of 4 WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on March 3, 2003, studied and considered the Master Plan of Development for Zone Change 2002-0032, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, WHEREAS, the Atascadero City Council, at a Public Hearing held on March 25, 2003, studied and considered Zone Change 2002-0032, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the City Council takes the following actions: SECTION 1. Findings for Approval of a Zone Change Creating a PD-18 Planned Development Overlay District. The 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 including a 34,885 square foot common parking and open space amenity. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on March 25, 2003 resolved to 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 31s'day after its final passage. City of Atascadero Ordinance No. 416 Page 3 of 4 On motion by Council Member O'Malley and seconded by Council Member Luna, the foregoing Ordinance is hereby adopted following roll call vote: AYES: Council Members Luna, O'Malley, Pacas, Scalise and Mayor Clay NOES: None ABSENT: None ABSTAIN: None ADOPTED: April 22, 2003 B J rry lay, Sr., NYayor Attest: Marcia McClure Torgerson, City Cffrk Approved as to form: "Z Roy Tyanley, City Attof y City of Atascadero Ordinance No.416 Page 4 of 4 Exhibit A: Zone Change Map ZCN 2002.0032 Existing Zoning: RMF-16 Proposed Zoning: RMF-16/PD-18 9500 Las Lomas Avenue APN 030-481-005,006 Official Zoning Map Change APN 030-481-005, 006 R�?. Existing Zone: RMF-16 E. Amended Zone: RMF-16/PD-18 ficial Zoning Map Change APN 030-481-005, 006 Existing Zone: RMF-16 Amended Zone: CR ' r / ' .r.