HomeMy WebLinkAboutOrdinance 505 CERTIFICATION
1, Marcia McClure Torgerson,•C.M.C., City Clerk of the City of A.tascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 505, adopted by the
Atascadero City Council at a regular meeting thereof held on February 13, 2007, and that it has
been duly published pursuant to State Law.
DATED: )JV-1 41L,
Marcia McClure To:gerson,C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 505
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE
ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE
2006-0128 TO ESTABLISH A PLANNED DEVELOPMENT OVERLAY #28
(Banker House PD —Ravatt/Mayer/Albrecht/Mejia)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Greg Ravatt (5735 Rosario Ave,
Atascadero CA 93422) & James Barton Albrecht & Natalie Mejia (4518 Hummel Dr., Santa
Maria, CA 93455) Applicants and Property Owners, to consider a project consisting of a Zone
Change from RMF-10 (Residential Multi-family-10) to RMF-10/PD28 (Residential Multi-
Family-10 with a Planned Development Overlay 28) including an HS (Historic Site) overlay
zone on lot 10 with corresponding Master Plan of Development and Vesting Tentative Tract Map
located at 5715/5735 Rosario Avenue, (APN 029-252-001); and,
WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of
Planned Development Overlay Zones to promote orderly and harmonious development and to
enhance the opportunity to best utilize special site characteristics; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0033 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 Zoning Code Text to protect the health, safety, and welfare
of its citizens by applying orderly development and expanding housing opportunities within 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 Text
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 text
amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on December 19, 2006 studied and considered Zone Change 2006-0128, after first studying
...� and considering the Draft Mitigated Negative Declaration prepared for the project, and,
City of Atascadero
Ordinance No. 505
Page 2 of 3
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on January 23, 2007, studied and considered Zone Change 2006-0128, 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 Text Change Creating a PD-28
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.
3. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on February 13, 2007 resolved to approve on second reading by title only, an
ordinance that would amend the City Zoning code text with the following:
r..
9-3.673 Establishment of Planned Development Overlay Zone No. 28: (PD28)
This Planned Development Overlay Zone applies to APN 029-252-001 in the Residential Multi-
family zone. The maximum residential density within the planned development shall not exceed
the density allowed by the underlying zoning district and provisions of the Atascadero Municipal
Code. The following development standards shall be met by the entitled project within the PD-28
overlay zone:
a) All site development shall require the approval of a Master Plan of Development. All
construction and development shall conform to the approved Master Plan of Development, as
conditioned.
b) The Tentative Tract Map and any subsequent amendments for the site shall be consistent
with an approved Master Plan of Development. All construction and development shall
conform to the approved Master Plan of Development, as conditioned.
c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent
with the approved Master Plan of Development.
d) All utilities, including electric, telephone, and cable, within the PD and along the project
frontages shall be installed and/or relocated underground.
e) All mechanical equipment, including HVAC units and utility meters, shall be screened from
view from adjacent streets and properties.
Now f) Trash shall be stored in individual garages.
City of Atascadero
Ordinance No. 505
Page 3 of 3
g) This project contains a historic Colony Home. Any future modifications to the exterior of the
'a"' buildings or the site setting shall follow the Secretary of the Interiors standards.
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 January 23, 2007, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on February
13, 2007, by the following roll call vote:
AYES: Council Members Beraud, Brennler, Clay, O'Malley and Mayor Luna
NOES: None
ABSTAIN: None
4OW ABSENT: None 7
CITY/`OF ATASCAI})✓RO
By: _ �wr-
t Dr. George Luna, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., Cft Clerk
APPRO EP AS
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Patricl L.Eri ' t, City Attorney