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HomeMy WebLinkAboutOrdinance 514 CERTIFICA'T'ION I, 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. 514, adopted by the Atascadero City Council at a regular meeting thereof held on September 11, 2007, and that it has been duly published pursuant to State Law. DATED: �r'X .:. �. i.0 Marcia McClure Torgerson,C.M.C. City Clerk City of Atascadero,California ORDINANCE NO. 514 AN ORDINANCE OF THE CITY COUNCIL APPROVING ZONE CHANGE 2007-0137, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 029-062-013 FROM RMF-16 (RESIDENTIAL MULTI-FAMILY — 16) TO RMF-16/PD-30 (RESIDENTIAL MULTI- FAMILY — 16/PLANNED DEVELOPMENT OVERLAY-30) 5440 Traffic Way (Habitat for Humanity) WHEREAS, an application has been received from Habitat for Humanity for San Luis Obispo County, P.O. Box 613, San Luis Obispo, CA 93406, (Applicants and Property Owners) to consider a project consisting of a Zone Change from RMF-16 (Residential Multi-family-16) to RMF-16/PD30 (Residential Multi-Family-16 with a Planned Development Overlay-30) with corresponding Master Plan of Development and Vesting Tentative Parcel Map located at 5440 Traffic Way, (APN 029-062-013); and, WHEREAS, the site's General Plan Designation is HDR (High Density Residential); and, WHEREAS, the site's current zoning district is RMF-16 (Residential Multi-family -16); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0007 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 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, 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, 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 July 17, 2007 studied and considered Zone Change 2007-0137, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and recommended approval of the project to the City Council. City of Atascadero Ordinance No. 514 Page 2 of 4 WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on August 28, 2007, studied and considered Zone Change 2007-0136, 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/PD-30. The Planning Commission 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 August 28, 2007, resolved introduce for first reading by title only, an ordinance that would rezone the subject site consistent with the following: Exhibit A: Location and 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. r..r City of Atascadero Ordinance No. 514 Page 3 of 4 INTRODUCED at a regular meeting of the City Council held on August 28, 2007, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on September 11, 2007, by the following roll call vote: AYES: Council Members Beraud, Brennler, Clay, and O'Malley NOES: None ABSTAIN: None ABSENT: Mayor Luna CITY O -AfiA�CADERO, CA Mike l3rennTer, Mayor Pro Tem ATTEST: Marcia McClure Torgerson, C.M.C.'&tity Clerk APPROVED AS TO FORM: Robert Schultz, Interim ty Attorney +r City of Atascadero Ordinance No. 514 Page 4 of 4 �rrr Exhibit A: Location and Zone Map Amendment Diagram s 5440 Traffic Way/APN 029-062-013 Existinp,Zoning - Residential Multi-family- 16 Amended Zoning: -Residential Multi-Family-16/PD-30 +rr