HomeMy WebLinkAboutOrdinance 428 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. 428 adopted by the Atascadero City
Council at a regular meeting thereof held on October 14, 2003, and that it has been duly
published pursuant to State Law.
DATED:
Marcia McClure Torgerson, C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 428
AN ORDINANCE OF THE CITY OF ATASCADERO APPROVING
ZONE CHANGE 2003-0040, AMENDING THE OFFICIAL ZONING MAP
DESIGNATION OF APN 029-292-024
FROM RMF-10 TO RMF-10/PD-7
(5460 Mariquita Avenue/Jorgensen)
WHEREAS, an application has been received from Rick & Tricia Jorgensen (5460
Mariquita Avenue, 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 four lot residential Tentative Parcel Map on APN 029-292-024 and,
WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential);
and,
WHEREAS, the site's current zoning district is RMF-10 (Residential Multiple-Family);
and
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Official 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 duly noticed Public
Hearing held on Tuesday, August 19, 2003, studied and considered Zone Change 2003-0040,
after first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project, and,
WHEREAS, the Atascadero City Council, at a Public Hearing held on September 23,
2003, studied and considered Zone Change 2003-0040, after first studying and considering the
Draft Mitigated Negative Declaration prepared for the project, and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
City of Atascadero
Ordinance No.428
Page 2 of 4
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning May of
Atascadero Creating a PD-7 Planned Development Overlay District. The Planning
Commission 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. Proposed project incorporates the U.S. Secretary of the Interior's Standards and
Illustrated Guidelines for Rehabilitating Historic Buildings.
SECTION 2. Approval. The Atascadero City Council, in a regular session assembled
on September 23, 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. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published at least five days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before
the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper
published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall
be on file in the City Clerk's office on and after the date following introduction and passage and
shall be available to any interested member of the public.
City of Atascadero
Ordinance No.428
Page 3 of 4
INTRODUCED at a regular meeting of the City Council held on September 23. 2003, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California on
October 14, 2003, by the following roll call vote:
AYES: Council Members Luna, O'Malley, Pacas, Scalise and Mayor Clay
NOES: None
ABSTAIN: None
ABSENT: None
ADOPTED: October 14, 2003
CITY OF ATASCA77.
By: /..
- -
Jerry L. ay, r.,Mayor 1
ATTEST:
mik
Marcia McClure Torgerson, City fro
APPROVED AS TO FORM:
L,47,
oy . Hanley, City Att ey
City of Atascadero
Ordinance No.428
Page 4 of 4
Exhibit A: Zone Change Map
ZCH 2003-0040
Official Zoning Map Change
APN 029-292-024
Existing Zone: RMF-10
Amended Zone: RMF-10/PD-7
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