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HomeMy WebLinkAboutOrdinance 464 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. 464 adopted by the Atascadero City Council at a regular meeting thereof held on October 12, 2004 and that it has been duly published pursuant to State Law. DATED: z 1 ���f liL�� M l � ✓ ti`L_ Marcia McClure Torgerson, C.M. . City Clerk City of Atascadero, California ORDINANCE NO. 464 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2004-0082, AMENDING THE OFFICIAL ZONING MAP DISTRICT OF APN 049-042- 015 FROM RSF-X (RESIDENTIAL SINGLE FAMILY-X) TO RSF-X/PD- 17 (RESIDENTIAL SINGLE FAMILY-X WITH PLANNED DEVELOPMENT OVERLAY #17) (1225 El Camino Real/24 El Camino Partners, LP) WHEREAS, an application has been received from 24 El Camino Partners, LP (805 Aerovista Place, #202, San Luis Obispo, CA 93401), Applicant, and Kenneth Robinson (PO Box 331, Atascadero, CA 93423), 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 twenty-six lot residential Tentative Tract Map on APN 049-042-015; 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, an Initial Study and Proposed Mitigated Negative Declaration 2004-0022 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 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 September 7, 2004, studied and considered Zone Change 2004- 0082, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, City of Atascadero Ordinance No.464 Page 2 of 4 WHEREAS, the Atascadero City Council, at a Public Hearing held on September 28, 2004, studied and considered Zone Change 2004-0082, 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 Designating a PD-17 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 City Council of the City of Atascadero, in a regular session assembled on September 28, 2004, resolved 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.464 Page 3 of 4 INTRODUCED at a regular meeting of the City Council held on September 28, 2004, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on October 12, 2004, by the following roll call vote: AYES: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna NOES: None ABSTAIN: None ABSENT: None CI;r. ATASCADE By _�`'y`�c.� Geo e Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., ity Clerk APPROVED AS TO FORM: Thomas R. Gibson, Interim City Attorney City of Atascadero Ordinance No.464 Page 4 of 4 Exhibit A: Official Zoning Map Change 20040082(Planned Development Overlay#17) U.S.Hi a j Project Site E€ RM ea 1 t' � L Existing Designations: -General Plan:Single Family Residential-X -Zoning District:Residential Single-Family—X Proposed Designations: -General Plan: Single Family Residential-X -Zoning District:Residential Single-Family—X/PD-17