HomeMy WebLinkAboutOrdinance 385 CERTIFICATION
I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the
foregoing is a true and correct original of Ordinance No. 385 adopted by the Atascadero City
Council at a regular meeting thereof held on September 11, 2001, and that it has been duly
published pursuant to State Law.
DATED: q- 7
Marcia McClure Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 385
AN ORDINANCE OF THE CITY COUNCIL OF ATASCADERO
AUTHORIZING ZONE CHANGE 2000-0011 THEREBY AMENDING THE
ZONING MAP DISTRICT OF APN 030-461-047 AND
APN 030-461-049 FROM RMF-16 (RESIDENTIAL MULTI-FAMILY) TO
RMF-16 / PD-7 (RESIDENTIAL MULTI-FAMILY WITH A PD-7
OVERLAY DISTRICT) SUBJECT TO A MASTER PLAN OF
DEVELOPMENT.
(9351-9353 Musselman Drive/
APN 030-461-0479 030-461-049 / Richard Shannon)
WHEREAS, an application has been received from Richard Shannon (5070 San Benito
Road, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of
a zone change from RMF-16 (Residential Multi-Family) to RMF-16 / PD-7 (Residential Multi-
Family with Planned Development Overlay #7) with the adoption of a Master Plan of
Development, and an eight-lot residential tentative tract map on APN 030-461-047, 030-461-
049; and,
WHEREAS, the site's General Plan Designation is HDMF (High Density Multi-Family);
and,
WHEREAS, the site's current zoning district is RMF-16 (Residential Multi-Family);
and,
WHEREAS, the City Council has determined that it is in the best interest of the City to
enact this amendment to the 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 Public Hearing
held on July 17, 2001, studied and considered Zone Change 2001-0011, after first studying and
considering the Draft Negative Declaration prepared for the project; and,
WHEREAS, the Atascadero City Council, at a duly noticed public hearing held on
Tuesday, August 28, 2001, considered Zone Change 2001-0011, after first studying and
considering the Proposed Negative Declaration prepared for the project; and
City of Atascadero
Ordinance No.385
Page 2
WHEREAS, the City Council of the City of Atascadero, held a second reading of the
Draft Ordinance on September 11, 2001.
NOW, THEREFORE,the City Council does ordain as follows:
SECTION 1. Findings for Approval of a Zone Change Creating a PD-7 Planned
Development Overlay District. The City Council finds as follows:
a) Modification of development standards or processing requirements is warranted to promote
orderly and harmonious development.
b) 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.
c) Benefits derived from the overlay zone cannot be reasonably achieved through existing
development standards or processing requirements.
d) Proposed plans offer certain redeeming features to compensate for the requested
modification.
SECTION 2. Approval. The Council of the City of Atascadero, in a regular session
assembled on September 11, 2001 resolved to approve on second reading an ordinance that
would rezone the subject site consistent with the following:
a) Exhibit A: Zone Change Map
SECTION 3. Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31St
day after its final passage.
On motion by Council Member Johnson and seconded by Council Member Scalise the foregoing
Resolution is hereby adopted following roll call vote:
AYES: Council Members Clay, Johnson, Scalise and Mayor Arrambide
NOES: None
ABSTAIN: None
ABSENT: Council Member Luna
ADOPTED: September 11, 2001
City of Atascadero
Ordinance No.385
Page 3
Bye
;M2i4chaelArrambide, Mayor
Attest:
0�4� ��'---
Marcia McClure Torgerson, City. Jerk
Approved as to form:
Roy anley, City Attodiey
City of Atascadero
Ordinance No.385
Page 4
Exhibit A: Zone Change Map
ZCH 2001-0011
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Project Site: APN 030-461-047, 030-461-049
Existing Zoning: RMF-16
Proposed Zoning: RMF-16(PD 7)