HomeMy WebLinkAboutOrdinance 459 CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of
Atascadero, hereby certify that the foregoing is the true and correct original of
Ordinance No. 459 adopted by the Atascadero City Council at a regular meeting
thereof held on September 14, 2004 and that it has been duly published
pursuant to State Law.
DATED:
Marcia McClure Torgerson, C. .C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 459
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA APPROVING ZONE CHANGE 2003-0047,
AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF
APN 031-152-003 FROM RMF-10 TO RMF-10/PD-7
(7500 Navajoa AveJ Higgins)
WHEREAS, an application has been received from Lynne Higgins (7500 Navajoa Ave.,
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 031-152-003 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 August 3, 2004, studied and considered Zone Change 2003-0047, after
first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project, and,
City of Atascadero
Ordinance No.459
Page 2 of 4
WHEREAS, the Atascadero City Council, at a Public Hearing held on August 24, 2004,
studied and considered Zone Change 2003-0047, after first studying and considering the Draft
Mitigated Negative Declaration prepared for the project;
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 Creating a PD-7 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.
4. Proposed plans offer certain redeeming features to compensate for the requested
modification.
SECTION 2. Approval. The Atascadero City Council, in a regular session assembled
on August 24, 2004 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 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.459
Page 3 of 4
INTRODUCED at a regular meeting of the City Council held on August 24, 2004, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on September
14, 2004,by the following roll call vote:
AYES: Council Members Clay, O'Malley, Pacas and Scalise
NOES: Mayor Luna
ABSTAIN: None
ABSENT: None
CITYATASCAD O
By: 4, �
Dr. George Luna, Mayor
ATTEST:
Marcia McClure Torgerson, C.M. City Clerk
APPROVED AS TO FORM:
Thomas R. Gibson, Interim City Attorney
City of Atascadero
Ordinance No.459
Page 4 of 4
Exhibit A: Zone Change Map 2003-0047
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Project site:
7500 Navajoa
J Ave.
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Existing Designations:
-General Plan:Medium Density Residential
-Zoning District:Residential Multi-Family— 10
Proposed Designations:
-General Plan:Medium Density Residential
-Zoning District:Residential Multi-Family— 10 w/PD-7
overlay