HomeMy WebLinkAboutOrdinance 451 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. 451, adopted by the
Atascadero City Council at a regular meeting thereof held on May 25, 2004, and that it has been
duly published pursuant to State Law.
II
DATED: b �''®L/ Ma4&4j
Marcia McClure Torgerson,C.
City Clerk
City of Atascadero,California
ORDINANCE NO. 451
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2003-0063,
AMENDING THE OFFICIAL ZONING MAP DISTRICT OF APN 049-101-
0099 010 FROM RSF-X (RESIDENTIAL SINGLE FAMILY-X) to RSF-X/
PD-17 (RESIDENTIAL SINGLE FAMILY-X WITH PLANNED
DEVELOPMENT OVERLAY #17) AND AN ADDED ZONE CHANGE OF
THE SUBSEQUENT LOT 32 TO INCLUDE AN HS (HISTORIC SITE)
OVERLAY ZONE.
(1325 EL CAMINO REAL/GEARHART)
The City Council hereby finds and declares as follows:
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 with Planned Development Overlay #17) and an added zone change of the
subsequent Lot 32 to include an HS (Historic Site) overlay zone with the adoption of a Master
Plan of Development, and a thirty-two lot residential Tentative Tract Map on APN 049-101-009,
010 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 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, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on April 20, 2004, studied and considered Zone Change 2003-0063, 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 May 11, 2004,
studied and considered Zone Change 2002-0063, after first studying and considering the Draft
Mitigated Negative Declaration prepared for the project;
City of Atascadero
Ordinance No.451
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 May of
Atascadero Designating a PD-17 Planned Development Overlay District and an HS overlay
on Lot#32. 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.
5. The existing residence is recognized as a historic Colony Home of local significance.
SECTION 2. Approval. The Atascadero City Council, in a regular session assembled
on May 25, 2004 resolved to approve on second 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 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.451
Page 3 of 4
INTRODUCED at a regular meeting of the City Council held on May 11, 2004, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on May 25,
2004, by the following roll call vote:
AYES: Council Members Clay, O'Malley, Scalise and Mayor Luna
NOES: Council Member Pacas
ABSTAIN: None
ABSENT: None
CITY O TASCADE
By: 41'`'�--�
-"'Dr. Ge rge Luna, Mayor
ATTEST:
kx"�� M
Marcia McClure Torgerson, C.M.C., Cit Jerk
APPROVED AS TO FORM:
- G
Roy A anley, City Attcfmey
City of Atascadero
Ordinance No.451
Page 4 of 4
Exhibit A: Draft Ordinance A
Official Zoning Map Change 2003-0063(Planned Development Overlay#17/HS designation on Lot#32)
U.S.Hwy 101 Official Zoning Map Change
APN 049-101-009,049-101-010
Existing Zone: RSF-X
4 Amended Zone: RSF-X/PD-17
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Existing Zone: RSF-X
Amended Zone: RSF-X/PD-17/HS
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