HomeMy WebLinkAboutOrdinance 510 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. 510, adopted by the
Atascadero City Council at a regular meeting thereof held on June 26, 2007, and that it has been
duly published pursuant to State Law.
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DATED:
Marcia McClure Torgerson,C.M.C�
City Clerk
City of Atascadero,California
ORDINANCE NO. 510
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING
ZONE CHANGE 2005-0110 AMENDING THE OFFICIAL ZONING MAP
DESIGNATION OF APN 030-121-003 & 004 FROM RMF-16
(RESIDENTIAL MULTI-FAMILY-16) TO RMF-16 / PD-25 (RESIDENTIAL
MULTI-FAMILY-16 WITH PLANNED DEVELOPMENT OVERLAY #25)
(7298 & 7312 Santa Ysabel Avenue / Patel & Patel)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Paritosh Patel, 930 Wigeon Way,
Arroyo Grande CA 93420 and Niral Patel, 175 S. Mesa Road, Nipomo CA, (Applicants and
Property Owners) to consider a project consisting of a Zone Change from RMF-16 (Residential
Multi-Family-16) to RMF-16/PD-25 (Residential Multi-Family-16 with Planned Development
Overlay#25) with the adoption of a Master Plan of Development, and a twelve lot Tentative
Tract Map on APN 030-121-003 &004; and,
WHEREAS, the site's General Plan Designation is HDR (High-Density Residential);
and,
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WHEREAS, the site's current Zoning District is RMF-16 (Residential Multi-Family-16);
and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0036 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 May 1, 2007, studied and considered Zone Change 2005-0110, after first
City of Atascadero
Ordinance No. 510
Page 2 of 4
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 June 12, 2007, studied and considered Zone Change 2005-0110, 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-16/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.
r.., 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 June 26, 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: Zone Change Map
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. 510
Page 3 of 4
INTRODUCED at a regular meeting of the City Council held on June 12, 2007, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on June 26,
2007, by the following roll call vote:
AYES: Council Members Beraud, Brennler, Clay, O'Malley and Mayor Luna
NOES: None
ABSTAIN: None
ABSENT: None
CIT4G66rge
SCA RO
By: �
Luna, Mayor
ATTEST:
&t,�L- fi, l
Marcia McClure T orgerson, C.M.C., City Perk
APPROVED AS TO-FORM:
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'Patrick-L. E40xt, City Attorney
City of Atascadero
Ordinance No. 610
Page 4 of 4
WNW Exhibit A: Official Zoning Map Change 2005-0110 (Planned Development Overlay#25)
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Project Site: X�
98 & 7312 Santa Ysabel
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....... .....
Existing Designations:
-General Plan: High Density Residential
-Zoning District: Residential Multi-Family- 16
Proposed Designations:
-General Plan: High Density Residential
-Zoning District: Residential Multi-Family— 16 Planned Development#25