HomeMy WebLinkAboutOrdinance 436 CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 436, adopted by the
Atascadero City Council at a regular meeting thereof held on February 10, 2004, and that it has
been duly published pursuant to State Law.
DATED: AA,�VL L G
Marcia McClure Torgerson,C.M.C.
City Clerk
City of Atascadero,California
ORDINANCE NO. 436
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO APPROVING ZONE CHANGE 2003-0048, AMENDING
THE OFFICIAL ZONING MAP DESIGNATION OF APN 049-102-055
FROM RSF-X TO RSF-X / PD-17
(4900 Obispo Road / Shores)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Ron Shores (2940 Ardilla Way,
Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone
change from RSF-X (Residential Single-Family) to RSF-X / PD-17 (Residential Single-Family
with Planned Development Overlay #17) with the adoption of a Master Plan of Development,
and a eight-lot residential Tentative Tract Map on APN 049-102-055 and,
WHEREAS, the site's General Plan Designation is SFR-X (Single-Family Residential -
X); and,
WHEREAS, the site's current zoning district is RSF-X (Residential Single-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 1 aws 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, September 16, 2003, studied and considered Zone Change
2003-0048, 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 December 9,
2003, studied and considered Zone Change 2003-0048, after first studying and considering the
Draft Mitigated Negative Declaration prepared for the project, and,
City of Atascadero
Ordinance No.436
Page 2 of 4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of
Atascadero Creating a PD-17 Planned Development Overlay District
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. Findings for physically unique sites with one or more mature trees
1. That flexibility from the above setback standards is necessary to enable the
environmentally superior design alternative;
2. That at least fifty percent(50%) of each individual lot will be landscaped; and
3. That at least sixty percent(60%) of the net area of the overall site will be landscaped.
SECTION 3. Approval. The Atascadero City Council, in a regular session assembled
on December 9, 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 4. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice: 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.436
Page 3 of 4
INTRODUCED at a regular meeting of the City Council held on January 27, 2004 and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California on February
10, 2004,by the following roll call vote:
AYES: Council Members Clay, Pacas and Scalise
NOES: Council Members O'Malley and Mayor Luna
ABSTAIN: None
ABSENT: None
CITY O ASCADE
By:
Dr. G 1 orge Luna. Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C.-,6
.M.C., ity Clerk
APPROVED AS TO FORM:
�4 a 64
Roy 7
anley, City Attorney
City of Atascadero
Ordinance No.436
Page 4 of 4
Exhibit A: Zone Change Map
ZCH 2003-0048
EE
Official Zoning Map Change
APN 049-102-055
Existing Zone: RSF-X
E
Amended Zone: SFR-X/PD-17
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