HomeMy WebLinkAboutOrdinance 444 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. 444, 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: 1 wa LT Cti1� d 1.
arcia McClure Torgersorn, C.M.C.
City Clerk
City of Atascadero,California
ORDINANCE NO. 444
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO AMENDING THE ZONING MAP CHANGE (ZONE
CHANGE 2003-0076) TO DESIGNATE A PLANNED DEVELOPMENT
OVERLAY DISTRICT 21 ON 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,
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,
City of Atascadero
Ordinance No.443
Page 2 of 4
NOW, THEREFORE, the City Council takes the following actions:
SECTION 1. Findings for Approval of a Zoning Map Change for 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 introduce for first reading by
title only an ordinance that would rezone the subject site consistent with the following:
Exhibit A: Zone Change Map
SECTION 3. Effective Date.
This ordinance shall be effective a 12:01 a.m. on the 31 St day after its final passage.
City of Atascadero
Ordinance No. 443
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
CITY O TASCADER
By:
Dr. G rge Luna, Mayor
ATTEST:
.l ,
Marcia McClure Torgerson, C.M.C., City k
APPROVED AS TO FORM:
i44�
Roy . Hanley, City Att ey
City of Atascadero
Ordinance No.443
Page 4 of 4
Exhibit A:
Zone Change 2003-0076 (Planned Development No.21 Zoning Map Change)
Colima Road Site
IAk
x Y
Ri
Project
i
Site RS=
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RS-s
,
F-Y
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RS
r' RSF-Y
Official Zoning Map Change:
xp
RSF y"
049-163-013, 015 f J
Existing Zone: RS
Amended Zone: RSF-Y/PD-21