HomeMy WebLinkAboutOrdinance 529CERTIFICATION
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. 529, 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:
Marcia McClure Torgerson, C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 529
VM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE
CHANGE 2007-0145 AND ZONE CHANGE 2007-0146, AMENDING THE
OFFICIAL ZONING MAP DESIGNATION OFAPN 030-283-005 FROM
RMF -16 (RESIDENTIAL MULTI -FAMILY —16) TO RMF -16 /PD -7
(RESIDENTIAL MULTI -FAMILY —16/ PLANNED DEVELOPMENT
OVERLAY #7)
(Adamski, Moroski, Madden & Green, LLP/ Atascadero Homeowners, LLC /
MLW Holdings, LLC)
The City Council hereby finds and declares as follows:
WHEREAS, applications has been received from Adamski, Moroski, Madden & Green,
LLP, P.O. Box 3835, San Luis Obispo, CA 93403, (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
Zone Change from RMF -16 (Residential Multi -family -16) to RMF -16/ PD -7 (Residential Multi -
Family -16 with a Planned Development Overlay -7) with corresponding Master Plan of
Developments, Tentative Tract Map, and Tentative Parcel Map on a 2.24 -acre site located at
6905 Nava joa (APN 030-283-005); and,
WHEREAS, the site's General Plan Designation is HDR (High Density Residential) on
Lots 2 and 3, and the City Council has approved a General Plan Amendment to change the
General Plan Designation on Lot 1 from Recreation (REC) to High Density Residential (HDR);
and,
WHEREAS, the site's Zoning Designation is Residential Multi -family with 16 units per
acre (RMF -16) on Lots 2 and 3, and the City Council has approved a Zone Change to change the
zoning on Lot 1 from L (Recreation) to RMF -16 (Residential Multi -family with 16 units per
acre); and,
WHEREAS, the Planned Development Overlay -7 requires a minimum of 4 units, and by
combining the 2 -unit and 9 -unit projects as a Master Planned site per the General Plan
requirements, the application on Lot 1 meets this criteria; 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,
City of Atascadero
Ordinance No. 529
Page 2 of 4
WHEREAS, the laws and regulations relating to the preparation and public notice of
am 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 2007-0145 and
Zone Change 2007-0146, 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 March 11, 2008, studied and considered Zone Change 2007-0145 and Zone Change
2007-0146, 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
`m Atascadero Changing the existing site zoning to RMF -16/ PD -7. 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. The proposed project offers certain redeeming features to compensate for the
requested zone change.
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:
1. Exhibit A: Location Map/Zone Map Amendment Diagram
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
City of Atascadero
Ordinance No. 529
Page 3 of 4
the Atascadero News, a newspaper published and circulated in the City of Atascadero, and;
hitt 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
CITY (
By:
ATTEST:
Marcia McClure Torgerson, C.M.C.,
City Clerk
APPR VEDAS TO FORM:
Z a,
Brian Pierik, City Attorney
O
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C"7
City of Atascadero
Ordinance No. 529
Page 4 of 4
Exhibit A: Location Map/Zone Map Amendment Diagram