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HomeMy WebLinkAboutOrdinance 395 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. 395 adopted by the Atascadero City Council at a regular meeting thereof held on May 14, 2002, and that it has been duly published pursuant to State Law. DATED: Marcia McClure Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 395 AN ORDINANCE OF THE CITY OF ATASCADERO TO APPROVE ZONE CHANGE 2001-0020 THEREBY AMENDING THE ZONING MAP DISTRICT OF APN 029-302-050 FROM RMF-10 (RESIDENTIAL MULTI-FAMILY) TO RMF-10 / PD-7 (RESIDENTIAL MULTI-FAMILY WITH A PD-7 OVERLAY DISTRICT) SUBJECT TO A MASTER PLAN OF DEVELOPMENT. (5070-5080 Palma Avenue/APN 029-302-050 Elbert Gifford / Wilson Land Surveys) WHEREAS, an application has been received from Elbert Gifford Jr. (13505 Chispa Road, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RMF-10 (Residential Multi-Family) to RMF-10 / PD-7 (Residential Multi-Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a five-lot residential tentative tract map on APN 029-302-050; and, WHEREAS, the site's General Plan Designation is LDMF (Low Density Multi- Family); and, WHEREAS, the site's current zoning district is RMF-10 (Residential Multi-Family); and, WHEREAS, the Planning Commission 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 on February 5, 2002, 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 March 5, 2002, studied and considered Zone Change 2001-0020, after first studying and considering the Draft Negative Declaration prepared for the project recommended 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 Atascadero 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, City of Atascadero Ordinance No.395 Page 2 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 Atascadero City Council at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, WHEREAS, the Atascadero City Council, at a Public Hearing held on April 23, 2002, studied and considered Zone Change 2001-0020, after first studying and considering the Draft Negative Declaration prepared for the project, and, NOW, THEREFORE, the Atascadero City Council takes the following actions: SECTION 1. Findings for Approval of a Zone Change Creating a PD-7 Planned Development Overlay District. The Atascadero 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. Proposed plans offer certain redeeming features to compensate for the requested modification. 5. That flexibility from the setback standard is necessary to enable the environmentally superior design alternative; and, 6. At least 50 percent of each individual lot will be landscaped; and, 7. At least 60 percent of the net area of the overall site will be landscaped. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on April 23, 2002, resolved to recommend that the City Council introduce for first reading an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map SECTION 3. Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31 st day after its final passage. City of Atascadero Ordinance No.395 Page 3 On motion by Council Member Johnson and seconded by Council Member Clay, the foregoing Ordinance is hereby adopted following roll call vote: AYES: Council Members Clay, Johnson and Mayor Arrambide NOES: Council Member Luna ABSTAIN: None ABSENT: Council Member Scalise ADOPTED: May 14, 2002 .By:"-' d Y; r' ichael Arrambide, Mayor Attest: C� C Marcia McClure Torgerson, Citlerk Approved as to form: Ro . Hanley, ity A orney City of Atascadero Ordinance No.395 Page 4 Exhibit A: Zone Change Map ZCH 2001-0020 w It ti \ f \ 1 r e f 1 f� \ .. S � 1+ _ D/off, `• / / \ Project Site: APN 029-302-050 Existing Zoning: RMF-10 Amended Zoning: RMF-10(PD 7)