HomeMy WebLinkAboutOrdinance 442 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. 442, adopted by the
Atascadero City Council at a regular meeting thereof held on March 23, 2004, 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. 442
AN ORDINANCE OF THE ATASCADERO CITY COUNCIL
APPROVING ZONE CHANGE 2003-0074 THEREBY AMENDING THE
ZONING MAP DISTRICT OF APN 056-111-0279 056-111-025 RSF-X
(RESIDENTIAL SINGLE-FAMILY-X ) TO RSF-X/ PD-17
(RESIDENTIAL SINGLE-FAMILY-X WITH
PLANNED DEVELOPMENT OVERLAY #17)
(8955 Coromar Avenue /Gearhart)
WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara
Avenue, 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-X with Planned Development Overlay #17) with the adoption of
a Master Plan of Development, and a 16-lot residential Tentative Parcel Map on APN 056-
111-027 and APN 056-111-025, and,
WHEREAS, the Planning Commission has recommended that the site's General Plan
designation be amended from GC (General Commercial) to SFR-X (Single-Family
Residential—X); and,
WHEREAS, the Planning Commission has recommended that the site be rezoned
from CR(Commercial Retail)to RSF-X (Residential Single Family-X); and,
WHEREAS, General Plan SFR-X land use designation allows for the creation of
single-family planned development projects with a maximum density of four units per acre
on lots less than 0.5 acres net, 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 City Council 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 City Council of the City of Atascadero at which hearing
evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and,
NOW, THEREFORE, the City Council takes the following actions:
City of Atascadero
Ordinance No.442
Page 2 of 4
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning
May of Atascadero Applying a PD-17 Planned Development Overlay District to the site.
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.
SECTION 2. Recommendation of Approval. The City Council of the City of
Atascadero, in a regular session assembled on March 9, 2004, resolves 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 31St day after its final passage.
City of Atascadero
Ordinance No.442
Page 3 of 4
On motion by Council Member O'Malley and seconded by Council Member Clay, the
foregoing Ordinance is hereby adopted in its entirety by the following roll call vote:
AYES: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
NOES: None
ABSENT: None
ADOPTED: March 23, 2004
CITADGe&ge
ASCAD
By:
Luna, Mayor
ATTEST:
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Marcia McClure Torgerson, C.M.C., i y Clerk
APPROVED AS TO FORM:
Roy . Hanley, 66 Att ney
EXHIBIT A:
Official Zoning Map Change 2003-0074(Planned Development Overlay#17)
Coromar Avenue Site
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Official Zone Change Map t
APN: 056-111-025, 027
Existing Zones: RSF-X /
Amended Zones: RSF-X/PD-17
ORDINANCENO. 443
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO AMENDING THE ZONING CODE TEXT (ZONE
CHANGE 2003-0076) TO CREATE PLANNED DEVELOPMENT
OVERLAY DISTRICT 21 FOR USE IN THE RSF-Y ZONING
DISTRICT FOR PARCEL
APN 49-163-013 AND 49-163-015
(3680, 3700 Colima Avenue /Gearhart)
WHEREAS, an application has been received from Kelly Gearhart (6205
Alcantara Avenue, Atascadero, CA 93422), Applicant and Property Owner to consider a
project consisting of a zone change from RSF-Y (Residential Single-Family-Y) to RSF-Y /
PD-21 (Residential Single-Family-Y with Planned Development Overlay #21) with the
adoption of a Master Plan of Development, and a five-lot residential Tentative Tract Map on
APN 049-163-013 AND 049-163-015 and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0069
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 Planning Commission has recommended that the site's General Plan
designation be amended from SE (Suburban Estate) to SFR-Y (Single-Family Residential —
Y); and,
WHEREAS, the Planning Commission has recommended that the site be rezoned
from RS (Residential Suburban)to RSF-Y (Residential Single Family-Y); and,
WHEREAS, 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, an Initial Study and Draft Mitigated Negative Declaration 2003-0069
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 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 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,
City of Atascadero
Ordinance No.442
Page 2 of 3
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the City Council of the City of Atascadero at which hearing
evidence, oral and documentary, was admitted on behalf of said zoning amendments; and,
NOW, THEREFORE, the City Council takes the following actions:
SECTION 1. Findings for Approval of a Zone Change Creating a PD-21
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.
SECTION 2. Recommendation of Approval. The City Council of the City of
Atascadero, in a regular session assembled on March 9, 2004 resolved to recommend that the
City Council introduce for first reading an ordinance that would amend the City Zoning
ordinance with the following:
9-3.66 Establishment of Planned Develo went Overla Zone No. 21: PD21 .
A Planned Development Overlay Zone No. 21 may be established in the RSF-Y multi-family
residential zones on parcels APN 49-163-013 and 49-163-015 with a combined gross
acreage of 4.93 acres. The maximum density within the planned development shall not
exceed a gross density of five units on the 4.93-acre project site. The following development
standards shall be applied to the Planned Development Zone No. 21:
(a) Second dwelling units shall not be allowed.
(b) One of the five lots may be less than the required one-acre minimum lot size.
(c)All utilities, including electric, telephone and cable, along the frontage of and within the PD
shall be installed underground.
SECTION 3. Effective Date.
This ordinance shall be effective a 12:01 a.m. on the 31St day after its final passage.
City of Atascadero
Ordinance No.442
Page 3 of 3
On motion by Council Member O'Malley and seconded by Council Member Clay,
the foregoing Ordinance is hereby adopted in its entirety by the following roll call vote:
AYES: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
NOES: None
ABSENT: None
ADOPTED: March 23, 2004
CITY ATASCADE
By:
Dr. OZorge Luna, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., CV Clerk
APPROVED AS TO FORM:
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Roy A. ley, City Attorney