HomeMy WebLinkAboutOrdinance 471 CERTIFICATION
1, Marto McClure ToMrsua, C.M.C. City Cleric of rite City of Atascedero, hereby
terrify that the foregoing is a true aM we wpy of Csdirenw No. 471, adopmd by the
At WMm City Co it m a regular meeting ticrmf held on Mmch 8, 2005, and that it has barn
dWy published pwsu to State Lew.
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City Clak
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ORDINANCE NO. 471
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE
2003-0075 THEREBY AMENDING THE ZONING MAP DISTRICT OF
APN 030-081-027 FROM CR (COMMERCIAL RETAIL) TO RMF-16/
PD-7 (RESIDENTIAL MULTI-FAMILY WITH A PD-7 OVERLAY
DISTRICT) SUBJECT TO A MASTER PLAN OF DEVELOPMENT.
(7257 Parriza Court/APN 030-081-027 & 033/ Gearhart)
WHEREAS, an application has been received from Kelly Gearhart and Morro Road
Homes, LLC, 6205 Alcantara Avenue, Atascadero, CA 93422, (Applicant & Owner), to
consider a project consisting of a zone change from CR (Commercial Retail) to RMF-16 /
PD-7 (Residential Multi-Family with Planned Development Overlay#7) with the adoption of
a Master Plan of Development, and an two-lot residential tract map, on a .36 acre lot located
at 7257 Parriza Ct. (APN 030-081-033); and,
WHEREAS, the site's General Plan Designation is GC (General Commercial); and,
WHEREAS, the Planning Commission has recommended to the City Council that
the General Plan Designation be changed from GC (General Commercial) to HDR (High
Density Residential); and
WHEREAS, the site's current zoning district is CR (Commercial Retail); and,
WHEREAS, the Planning Commission 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 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 on May
18, 2004 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 Public Hearing
held on May 18, 2004, studied and considered Zone Change 2003-0075, after first studying
and considering the Certified Mitigated Negative Declaration prepared for the project site,
and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning
Map Amendment application was held by the City Council of the City of Atascadero on June
22, 2004 at which hearing evidence, oral and documentary, was admitted on behalf of said
zone change request; and
City of Atascadero
Ordinance No.471
Page 2 of 4
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on
Tuesday, March 8, 2005, studied and considered Zoning Map Amendment 2003-0075; and,
NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF
ATASCADERO TAKES THE FOLLOWING ACTIONS:
SECTION 1. Findings for Approval of a Zone Change from CR to RMF-16 and
Creating a PD-7 Planned Development Overlay District. The City Council finds as
follows:
1. The proposed zone change is in conformance with the adopted General Plan
Goals,Policies, and Programs and the overall intent of the General Plan.
2. The proposed zone change is compatible with existing development,
neighborhoods and the environment.
3. The proposed zone change will not create any new significant and
unavoidable impacts to traffic, infrastructure, or public service impacts.
4. The proposed zone change is consistent with the certified Mitigated Negative
Declaration prepared for the project.
5. Modification of development standards or processing requirements is
warranted to promote orderly and harmonious development.
6. 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.
7. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
8. 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 March 8, 2005 resolved to approve on second reading, by title only, an
ordinance that would rezone the subject site consistent with the following:
1. Exhibit A: Zone Change Map
SECTION 3, Summary. A summary of this ordinance, approved by the City
Attorney, together with the ayes and noes, shall be published 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. A copy of
the full text of this ordinance shall be on file in the City Clerk's Office on and after the date
City of Atascadero
Ordinance No.471
Page 3 of 4
following introduction and passage and shall be available to any interested member of the
public.
SECTION 4. Effective Date. This ordinance shall be effective at 12:01 a.m. on the
31St day after its passage.
INTRODUCED at a regular meeting of the City Council held on June 22, 2004 and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California,
on March 8, 2005 by the following roll call vote:
AYES: Council Members Clay, Luna, O'Malley and Mayor Scalise
NOES: None
ABSENT: Council Member Pacas
ABSTAIN: None
ADOPTED: March 8, 2005
CITY OF ATASC ERO
Wendy S ise, M o
Attest:
J-)4
Marcia McClure Torgerson, City Clerk
APPROED AS T M:
Patr�*L. E ght, City Attorney
City of Atascadero
Ordinance No.471
Page 4 of 4
Exhibit A of Draft Ordinance A Zone Change Map
ZCH 2003-0075
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Zoning District Diagram
APN 030-081-027 x,
Parriza Court
Existing Zone: CR
Amended Zone: RMF-161PD 7 Overlay
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Santa Ysabel Ave
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