HomeMy WebLinkAboutOrdinance 515 CERTIFICATION
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. 515, adopted by the
Atascadero City Council at a regular meeting thereof held on September 25, 2007, and that it has
been duly published pursuant to State Law.
Marcia McClure Torgerson,C.M.C.
City Clerk
City of Atascadero,California
ORDINANCE NO. 515
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2004-0091,
AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF
APN 054-051-021 FROM RSF-Z (RESIDENTIAL SINGLE-FAMILY — Z)
TO RSF-Z/PD-16 (RESIDENTIAL SINGLE-FAMILY — Z/ PLANNED
DEVELOPMENT OVERLAY-16)
5190 Portola Road
(Nolan)
WHEREAS, an application has been received from Ed Nolan, 5190 Portola Road,
Atascadero, CA 93422 (Applicant and Property Owner), to consider a project consisting of a
Zone Change from RSF-Z (Residential Single-Family-Z) to RSF-Z/PD16 (Residential Single-
Family-Z with a Planned Development Overlay-16) with corresponding Master Plan of
Development and Tentative Parcel Map located at 5190 Portola Road Avenue, (APN 054-051-
021); and,
WHEREAS, the site's General Plan Designation is SFR-Z (Single-Family Residential-
Z); and,
WHEREAS, the site's current zoning district is RSF-Z (Residential Single-Family —Z;
1.5 to 2.5 acre minimum); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0005 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 City Council 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 the Planning Commission recommended denial of the project; and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on September 11, 2007, studied and considered Zone Change 2004-0091 (PLN 2099-1002),
City of Atascadero
Ordinance No. 515
Page 2 of 4
after first studying and considering the Proposed Mitigated Negative Declaration prepared for the
r... project, and,
NOW, THEREFORE, the City Council of the City of Atascadero takes the following
actions:
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of
Atascadero Changing the existing site zoning to RSF-Z/ PD-16. 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.
5. The project site includes an open space easement.
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6. The intent and purpose of the PD-16 Overlay includes providing relief from the
City's Subdivision Ordinance regulating flag lots (Section 11-6.26 of the City's
Municipal Code).
7. Modification of the 3:1 depth to width ratio requirement of the City's Subdivision
Ordinance is necessary based on the size and shape of the property and different
property ownerships which reduce access to the public road.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on September 11, 2007, resolved to approve on second reading by title only,
an ordinance that would rezone the subject site consistent with the following:
Exhibit A: Location Map/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
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City of Atascadero
Ordinance No. 515
Page 3 of 4
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 11, 2007, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
September 25, 2007, by the following roll call vote:
AYES: Council Members Brennler, Clay and O'Malley
NOES: Council Member Beraud
ABSTAIN: Mayor Luna
ABSENT: None
CIT ATASC RO
By:
Dr. George Luna, Mayor
ATTEST:
Marcia McClure Torgerson, C.M. , City Clerk
APPROVED AS TO FORM:
Robert Schultz, Inte ity Attorney
City of Atascadero
Ordinance No. 515
Page 4 of 4
Exhibit A: Location Map/Zone Map Amendment Diagram
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Existing Designation:
tion:
- Single Family Residential
- Residential Single Family-Z
Proposed Designation:
- Single Family Residential-Z
-Residential Single Family-Z/PD-16