HomeMy WebLinkAboutOrdinance 506 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. 506, 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: �_..w /_d ! l Vii. _j Mfr%t G �: %'�5 • r._._
Marcia McClure Tongerson,C.M.C.
City Clerk
City of Atascadero,California
ORDINANCE NO. 506
a.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING
ZONE CHANGE 2005-0109, AMENDING THE OFFICIAL ZONING MAP
DESIGNATION OF APN 029-252-001 FROM RMF-10 (RESIDENTIAL
MULTI-FAMILY— 10) TO RMF-10 /PD-28/HS (RESIDENTIAL MULTI-
FAMILY— 10/ PLANNED DEVELOPMENT OVERLAY #28 WITH A
HISTORIC SITE OVERLAY ON LOT 10)
(5715/5735 Rosario Ave— Ravatt/Mayer/Albrecht/Mejia)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Greg Ravatt & Tina Mayer (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, 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 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 Official Zoning Map to protect the health, safety, and
welfare of its citizens by applying orderly development of the City; and,
WHEREAS, the site contains a historic Colony Home of local significance; 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
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City of Atascadero
Ordinance No. 506
Page 2 of 4
hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments;
rr. and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on December 19, 2006 studied and considered Zone Change 2005-0109,
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 January 23, 2007, studied and considered Zone Change 2005-0109, 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/ PD-28/HS. 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 13, 2007, resolved to approve on second 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
City of Atascadero
Ordinance No. 506
Page 3 of 4
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
r.. 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
ABSENT: None
... CITYF ATASCA RO
L
By: .
r. Geo&Luna, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., ity Clerk
APPRO D AS TO FORM:
atrick . Eari' t, City Attorney
City of Atascadero
Ordinance No. 506
Page 4 of 4
Exhibit A: Location Map/Zone Map Amendment Diagram
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10,
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Proposed
Project Site
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RMF-10
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Current General plan Designation: MDR(Medium Density Residential)
Current Zoning District: RMF-10 (Residential Multi-Family-10 units per
acre)
Proposed General Plan Designation: MDR(Medium Density Residential)
Proposed Zoning District: RMF-10 (Residential Multi-Family)/ Custom
Planned Development Overlay/Historic Site Overlay on Lot 10