HomeMy WebLinkAboutOrdinance 500 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. 500, adopted by the
Atascadero City Council at a regular meeting thereof held on October 10, 2006,and that it has been
duly published pursuant to State Law.
Marcia McClure Tr rgerson,C.M.C.
City Clerk
City of Atascadero,California
ORDINANCE NO. 500
ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA
APPROVING ZONE CHANGE 2005-0107,
AMENDING THE OFFICIAL ZONING MAP DESIGNATION
OF APN 049-022-011 FROM RS (RESIDENTIAL SUBURBAN)
TO RS / PD-16 (RESIDENTIAL SUBURBAN WITH PLANNED
DEVELOPMENT OVERLAY #16)
(2865 Ferrocarril Road / Tharp/Beck)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Gary Tharp and Jim Beck (2865
Ferrocarril Road, CA 93422), Applicants, and Property Owners, to consider a project consisting
of a Zone Change from RS (Residential Suburban) to RS / PD-16 (Residential Suburban with
Planned Development Overlay #16) with the adoption of a Master Plan of Development, and a
five-lot residential Tentative Tract Map on APN 049-022-011; and,
WHEREAS, the site's General Plan Designation is SE (Suburban Estates); and,
WHEREAS, the site's current zoning district is RS (Residential Suburban); and
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0022 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, General Plan SE land use designation allows for the creation of lots of less
than 2.5 acres when the lots are clustered to preserve open space and natural resources 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. 500
Page 2 of 4
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
ow Public Hearing held on August 15, 2006, studied and considered Zone Change 2005-0107, 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 September 26, 2006, studied and considered Zone Change 2005-0107, 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 Designating a PD-16 Planned Development Overlay District. 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.
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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 October 10, 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 Change Map
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City of Atascadero
Ordinance No. 500
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 September 26, 2006, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
October 10, 2006, by the following roll call vote:
AYES: Council Members Clay, Pacas and Mayor O'Malley
NOES: None
ABSTAIN: Council Member Luna
ABSENT: One vacancy
CITY C}F A
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By:
Tom O'Malley, May
ATTEST:
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Marcia McClure Torgerson, C.M.C., City CVk
APPROVED AS TO FORM:
7
�atrick righ ,, ity Attorney
City of Atascadero
Ordinance No. 500
Page 4 of 4
Exhibit A: Official Zoning Map Change 2005-0107(Planned Development Overlay#16)
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Project Site
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Existing Designations:
-General Plan: Suburban Estates
-Zoning District: Residential Suburban
Proposed Designations:
-General Plan: Suburban Estates
-Zoning District: Residential Suburban PD-16