HomeMy WebLinkAboutOrdinance 475 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. 475, 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: /I
Marcia McClure Torgerson, C.M.C. t;,
City Clerk
City of Atascadero, California
ORDINANCE NO. 475
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
APPROVING ZONE CHANGE 2004-0090, AMENDING THE OFFICIAL
ZONING MAP DESIGNATION OF APN 030-121-026 FROM RMF-16
(RESIDENTIAL MULTI-FAMILY-16) TO RMF-16/PD-7 (RESIDENTIAL
MULTI-FAMILY-16 WITH PLANNED DEVELOPMENT OVERLAY #7)
(7392 Santa Ysabel Avenue/Gannage)
WHEREAS, an application has been received from Aaron Gannage (P.O. Box 6411, Los
Osos, CA 93412), Applicant and Property Owners, Patrick Kennedy (121 LePoint St., Arroyo
Grande, CA 93420) and Christopher Blair (750 Upper Los Berros Rd., Nipomo, CA 93444), to
consider a project consisting of a Zone Change from RMF-16 (Residential Multi-Family -16) to
RMF-16 / PD-7 (Residential Multi-Family -16 with Planned Development Overlay #7) with the
adoption of a Master Plan of Development, and a four lot Tentative Parcel Map on APN 030-
121-026; and,
WHEREAS, the site's General Plan Designation is HDR (High-Density Residential);
and,
WHEREAS, the site's current Zoning District is RMF-16 (Residential Multi-Family-16);
and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0001 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 February 15, 2005, studied and considered Zone Change 2004-0090,
after first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project; and,
City of Atascadero
Ordinance No.475
Page 2 of 4
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 2004-0090, 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 May of
Atascadero Changing the existing site zoning to RMF-16/PD7. 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.475
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, O'Malley and Mayor Scalise
NOES: Council Member Luna
ABSTAIN: None
ABSENT: None
CITY OF ATAS ADER
By: f
W dy Sc e, Mayor.
ATTEST:
y2 ti�� Z l'Ute,
Marcia McClure Torgerson, C.M.C., Ci Clerk
APPR D AS TO FORM:
Patric , City Attorney
City of Atascadero
Ordinance No.475
Page 4 of 4
Exhibit A: Official Zoning Map Change 20040090(Planned Development Overlay#7)
Praject E ff �;
Site RMF-16
x
d
CR P
RMF-16
CR
w
Existing Designations:
-General Plan: High-Density Residential
-Zoning District: Residential Multi-Family—16
Proposed Designations:
-General Plan: High Density Residential
-Zoning District: Residential Multi-Family— 16/Planned
Development#7