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HomeMy WebLinkAboutOrdinance 396 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. 396 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: 6JAitil)" rkltAw TE- IAV7 Marcia McClure Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 396 AN ORDINANCE OF THE CITY OF ATASCADERO TO APPROVE ZONE CHANGE 2001-0017 THEREBY AMENDING THE ZONING MAP DISTRICT OF APN 030-081-003 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. (7250 Santa Ysabel Avenue /APN 030-081-003 / Gearhart) WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422, (Applicant & Owner), and Eugene and Donna Barre, and Kenneth and Jacqueline Lerno and James Miller, (Property Owners) 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 eleven-lot residential tract map, on a 1.33 acre lot located at 7250 Santa Ysabel Avneue (APN 030-081-003); and, WHEREAS, an Initial Study and Draft Negative Declaration 2002-0009 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 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 Planning Commission of the City of Atascadero, at a Public Hearing held on April 2, 2002, studied and considered Zone Change 2001-0017, 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, 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, City of Atascadero Ordinance No.396 Page 2 WHEREAS, the Atascadero City Council, at a Public Hearing held on April 23, 2002, studied and considered Zone Change 2001-0017, 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. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on April 23, 2002 resolved 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. On motion by Council Member Luna and seconded by Council Member Clay, the foregoing Ordinance is hereby adopted following roll call vote: AYES: Council Members Clay, Johnson, Luna and Mayor Arrambide NOES: None ABSTAIN: None ABSENT: Council Member Scalise ADOPTED: May 14, 2002 City of Atascadero Ordinance No.396 Page 3 W. MicZha-elArrambide, Mayor Attest: Marcia McClure Torgerson, ity lerk Approved as to form: Roy Hanley, C y Atto ey City of Atascadero Ordinance No.396 Page 4 Exhibit A: Zone Change Map ZCH 2001-0017 Existing Zoning: RMF-16 Amended Zoning: RMF 16(PD7) 7250 Santa Ysabel Avenue APN 030-081-003 ...».. '• O`er � ��dr fa 1�•yre r r;l "Il e•ryYre��••roo••,�,�;�, d iii Illi o rV { a m 3 1� L� n j.. tlf' i6 s