HomeMy WebLinkAboutOrdinance 528CERTIFICATION
I, 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. 528, adopted by the
Atascadero City Council at a regular meeting thereof held on March 11, 2008, and that it has been
duly published pursuant to State Law.
DATED: / l' ly '
Marcia McClure Torgerson, C.M.
City Clerk
City of Atascadero, California
ow
ORDINANCE NO. 528
am ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE
CHANGE 2007-0145, AMENDING THE OFFICIAL ZONING MAP
DESIGNATION FROM RECREATION (L) TO RESIDENTIAL
MULTIFAMILY WITH 16 UNITS PER ACRE (RMF -16)
APN 030-283-005; Lot 1
6905 Navajoa Avenue
(City of Atascadero / Atascadero Homeowners, LLC / MLW Holdings, LLC)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from the City of Atascadero, 6907 El
Camino Real, Atascadero, CA 93422, (Applicant), Atascadero Homeowners, LLC, 6205
Alcantara Avenue, Atascadero, CA 93422, (Property Owner), and MLW Holdings, LLC, P.O.
Box 604, Atascadero, CA 93423, (Property Owner), to consider a project consisting of a Zoning
Map Change from L (Recreation) to RMF -16 (Residential Multi -family) on a 0.38 -acre site
located at 6905 Navajoa Avenue (APN 030-283-005; Lot 1); and,
WHEREAS, the City Council has approved the site's current General Plan Designation
be changed from REC (Recreation) to HDR (High Density Residential with 16 units per acre);
and,
WHEREAS, the site's current zoning district is L (Recreation); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0027 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 January 15, 2008, studied and considered Zone Change 2007-0140, after
City of Atascadero
Ordinance No. 528
Page 2 of 4
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 March 11, 2008, studied and considered Zone Change 2007-0140, 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 RMF -16 (Residential Multi -family with 16
units per acre. The City Council finds as follows:
1. The proposed project or use is consistent with the General Plan; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance); and,
3. The establishment, and subsequent operation or conduct of the use will not, because of
the circumstances and conditions applied in the particular case, be detrimental to the
health, safety, or welfare of the general public or persons residing or working in the
neighborhood of the use, or be detrimental or injurious to property or improvements in
the vicinity of the use; and,
am 4. The proposed project or use will not be inconsistent with the character or the immediate
neighborhood or contrary to its orderly development.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on March 11, 2008, resolved to introduce for first reading by title only, an
ordinance that would rezone the subject site consistent with the following:
Exhibit A: Zone Map Amendment Diagram
City of Atascadero
Ordinance No. 528
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.
INTRODUCED at a regular meeting of the City Council held on February 26, 2008, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
March 11, 2008, by the following roll call vote:
AYES: Council Members, Clay, Luna and O'Malley
NOES: Council Member Beraud and Mayor Brennler
ABSTAIN: None
ABSENT: None
ATTEST:
�4t
Marcia M,-Clure Torgerson, C.M.C.,
City Clerk
APPROVED AS TO FORM:
(f�, D,
Brian Pierik, City Attorney
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City of Atascadero
Ordinance No. 528
Page 4 of 4
Exhibit A: Zone Map Amendment Diagram