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HomeMy WebLinkAboutOrdinance 428 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. 428 adopted by the Atascadero City Council at a regular meeting thereof held on October 14, 2003, and that it has been duly published pursuant to State Law. DATED: Marcia McClure Torgerson, C.M.C. City Clerk City of Atascadero, California ORDINANCE NO. 428 AN ORDINANCE OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE 2003-0040, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 029-292-024 FROM RMF-10 TO RMF-10/PD-7 (5460 Mariquita Avenue/Jorgensen) WHEREAS, an application has been received from Rick & Tricia Jorgensen (5460 Mariquita Avenue, 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 four lot residential Tentative Parcel Map on APN 029-292-024 and, WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential); and, WHEREAS, the site's current 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 Official 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 duly noticed Public Hearing held on Tuesday, August 19, 2003, studied and considered Zone Change 2003-0040, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, WHEREAS, the Atascadero City Council, at a Public Hearing held on September 23, 2003, studied and considered Zone Change 2003-0040, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: City of Atascadero Ordinance No.428 Page 2 of 4 SECTION 1. Findings for Approval of a Zone Change to the Official Zoning May of Atascadero Creating a PD-7 Planned Development Overlay District. 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. Proposed plans offer certain redeeming features to compensate for the requested modification. 5. Proposed project incorporates the U.S. Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on September 23, 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. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published 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 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. City of Atascadero Ordinance No.428 Page 3 of 4 INTRODUCED at a regular meeting of the City Council held on September 23. 2003, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California on October 14, 2003, by the following roll call vote: AYES: Council Members Luna, O'Malley, Pacas, Scalise and Mayor Clay NOES: None ABSTAIN: None ABSENT: None ADOPTED: October 14, 2003 CITY OF ATASCA77. By: /.. - - Jerry L. ay, r.,Mayor 1 ATTEST: mik Marcia McClure Torgerson, City fro APPROVED AS TO FORM: L,47, oy . Hanley, City Att ey City of Atascadero Ordinance No.428 Page 4 of 4 Exhibit A: Zone Change Map ZCH 2003-0040 Official Zoning Map Change APN 029-292-024 Existing Zone: RMF-10 Amended Zone: RMF-10/PD-7 �E