HomeMy WebLinkAboutOrdinance 474 CERTIFICATION
1, 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. 474, adopted by the
Atascadero City Council at a regular meeting thereof held on April 26, 2005, and that it has been
duly published pursuant to State Law.
DATED:
Marcia McClure Ta Berson, C.M.(:)
City Clerk
City of Atascadero, California
ORDINANCE NO. 474
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE
CHANGE 2004-0093, AMENDING THE OFFICIAL ZONING MAP
DESIGNATION OF APN 049-311-003 FROM RSF-X (RESIDENTIAL
SINGLE FAMILY-X) TO RSF-X/PD-17 (RESIDENTIAL SINGLE
FAMILY-X WITH PLANNED DEVELOPMENT OVERLAY #17)
(1565 El Camino Real/Alvarez)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Steve Alvarez (1565 El Camino
Real, 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) with the adoption of a Master Plan of Development,
and a seven-lot residential Tentative Tract Map on APN 049-311-003; 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- X);
and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0005 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 General Plan SFR-X land use designation allows for the creation of
single-family planned development projects with a maximum density of four units per acre on
lots less than 0.5 acres net, and 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, 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,
City of Atascadero
Ordinance No.474
Page 2 of 4
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on March 15, 2005, studied and considered Zone Change 2004-0093, after
first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project; and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on April 12, 2005, studied and considered Zone Change 2004-0093, after first studying and
considering the Proposed Mitigated Negative Declaration prepared for the project; and,
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 Map of
Atascadero Changing the existing site zoning to RSF-X/PD-17. 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 April 26, 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
City of Atascadero
Ordinance No.474
Page 3 of 4
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.
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 April 12, 2005, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on April 26,
2005, by the following roll call vote:
AYES: Council Members Clay, Pacas, Luna, O'Malley and Mayor Scalise
NOES: None
ABSTAIN: None
ABSENT: None
CITY OF ATAS ERO
By: ----�
Wen y Sca e, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., Cij Clerk
APPROVYD AS TO5ORM:
PatriClc En t, ity Attorney
City of Atascadero
Ordinance No.474
Page 4 of 4
Exhibit A: Official Zoning Map Change 20040093(Planned Development Overlay#17)
i
�k ' � Project Site
t
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