HomeMy WebLinkAboutOrdinance 414 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. 414 adopted by the Atascadero City
Council at a regular meeting thereof held on April 8, 2003, and that it has been duly published
pursuant to State Law.
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DATED:
Marcia McClure Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 414
AN ORDINANCE OF THE CITY OF ATASCADERO APPROVING
ZONE CHANGE 2000-0008,AMENDING THE ZONING MAP DISTRICT
OF APN 030-029-065 FROM RMF-10 TO RMF-10 /PD-7
(6340 Alcantara Avenue/ Russell)
WHEREAS, an application has been received from Lorraine Russell (PO Box 257,
Atascadero, CA 93423) 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 six lot residential Tentative Tract Map on APN 030-292-065; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2002-0049 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 vested General Plan Designation is MDR (Medium Density
Residential); and,
WHEREAS, the site's vested zoning district is RMF-10 (Residential Multiple-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 allowing for the creation of common
open space areas; 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 November 5, 2002, studied and considered Zone Change 2002-0029, after first studying
and considering the Draft Mitigated Negative Declaration prepared for the project, and,
WHEREAS, the Atascadero City Council, at a Public Hearing held on March 11, 2003,
studied and considered Zone Change 2000-0008, after first studying and considering the Draft
Mitigated Negative Declaration prepared for the project, and,
NOW, THEREFORE, the City Council takes the following actions:
City of Atascadero
Ordinance No.414
Page 2 of 4
SECTION 1. Findings for Approval of a Zone Change Creating a PD-7 Planned
Development Overlay District. The 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 including: (a) no disturbance to the on-site seasonal creek; (b) each unit
will have a private yard area that will allow for outdoor recreational opportunities; (c)
architectural and landscape features of the project have been designed to enhance the
project's appearance and benefit the surrounding neighborhood; (d) much of the
paved private driveway will incorporate special paving treatment; and (e) the project
will provide one moderate deed-restricted affordable housing unit.
SECTION 2. Approval. The Atascadero City Council, in a regular session assembled
on March 11, 2003 resolved to 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"day after its final passage.
On motion by Council Member O'Malley and seconded by Council Member Luna, the foregoing
Ordinance is hereby adopted following roll call vote:
AYES: Council Members Luna, O'Malley, Pacas, Scalise and Mayor Clay
NOES: None
ABSTAIN: None
ABSENT: None
ADOPTED: April 8, 2003
City of Atascadero
Ordinance No.414
Page 3 of 4
err L. C , Sr., Mayor
Attest:
Marcia McClure Torgerson, City C rk
Approved as to form:
Roy 7anley, City Atto ey
City of Atascadero
Ordinance No.414
Page 4 of 4
Exhibit A: Zone Change Map-ZCH 2000-0008
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Official Zoning Map Change
APN 030-292-065
Existing Zone: RMF-10
Amended Zone: RMF-10/PD-7
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