HomeMy WebLinkAboutOrdinance 490 CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Cleric of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 490, adopted by the
Ataseadero City Council at a regular meeting thereof held on February 14, 2006, and that it has
been duly published pursuant to State Law.
DATED: &xj&i
Marcia McClure Torgerson,C.M.C.
City Clerk
City of Atascadero,California
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ORDINANCE NO. 490
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE
CHANGE 2005-0092, AMENDING THE OFFICIAL ZONING MAP
DESIGNATION OF APN 031-183-031, 032 FROM RMF-10 (RESIDENTIAL
MULTI-FAMILY— 10) TO RMF-10/PD-25 (RESIDENTIAL MULTI-
FAMILY — 10/PLANNED DEVELOPMENT OVERLAY #25)
(Navajoa Ave / Tanner, Fragione)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Kinsey Tanner (5290 Barrenda Ave,
Atascadero, CA 93422) and Shawn Fragione (7790 Aragon Rd., Atascadero, CA 93422)
Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF-
10 (Residential Multi-family- 10) to RMF-10/PD-25 (Residential Multi-Family-10 with Planned
Development Overlay #25) with a corresponding Master Plan of Development and Vesting
Tentative Tract Map on a 0.55-acre site located at 7705 and 7735 Navajoa Ave (APN 031-183-
031, 032); and,
WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential);
and,
WHEREAS, the site's current zoning district is RMF-10 (Residential Multi-Family-10);
and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0058 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 3, 2006, studied and considered Zone Change 2004-0092, after
first studying and considering the Proposed Mitigated Negative Declaration prepared for the
project, and,
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City of Atascadero
Ordinance No.490
Page 2 of 4
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on January 24, 2006, studied and considered Zone Change 2004-0092, 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-10/PD25. 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 February 14, 2006, 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 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
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.
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City of Atascadero
Ordinance No.490
Page 3 of 4
INTRODUCED at a regular meeting of the City Council held on January 24, 2006, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on February
14, 2006, by the following roll call vote:
AYES: Council Members Clay, Pacas and Mayor O'Malley
NOES: Council Member Luna
ABSTAIN: None
ABSENT: Council Member Scalise
CIT OF ATASC E O
By:
Tom O' Malley, Ma r'
ATTEST:
Marcia McClure Torgerson, C.M.C., C#ly Clerk
APPROV AS TO FORM:
Oa nfi , City Attorney
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City of Atascadero
Ordinance No.490
Page 4 of 4
Exhibit A: Zone Map Amendment Diagram
Project Site: 7705 Navajoa k
Ave /
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Current General plan Designation: Medium Density Residential
Current Zoning District: Residential Multi-family- 10
Proposed General Plan Designation:Medium Density Residential
Proposed Zoning District:Residential Multi-family— 10/Planned
Development Overlay 25