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HomeMy WebLinkAboutOrdinance 436 CERTIFICATION I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No. 436, adopted by the Atascadero City Council at a regular meeting thereof held on February 10, 2004, and that it has been duly published pursuant to State Law. DATED: AA,�VL L G Marcia McClure Torgerson,C.M.C. City Clerk City of Atascadero,California ORDINANCE NO. 436 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING ZONE CHANGE 2003-0048, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 049-102-055 FROM RSF-X TO RSF-X / PD-17 (4900 Obispo Road / Shores) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from Ron Shores (2940 Ardilla Way, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RSF-X (Residential Single-Family) to RSF-X / PD-17 (Residential Single-Family with Planned Development Overlay #17) with the adoption of a Master Plan of Development, and a eight-lot residential Tentative Tract Map on APN 049-102-055 and, WHEREAS, the site's General Plan Designation is SFR-X (Single-Family Residential - X); and, WHEREAS, the site's current zoning district is RSF-X (Residential Single-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 1 aws 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, September 16, 2003, studied and considered Zone Change 2003-0048, 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 December 9, 2003, studied and considered Zone Change 2003-0048, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, City of Atascadero Ordinance No.436 Page 2 of 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Creating a PD-17 Planned Development Overlay District 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. Findings for physically unique sites with one or more mature trees 1. That flexibility from the above setback standards is necessary to enable the environmentally superior design alternative; 2. That at least fifty percent(50%) of each individual lot will be landscaped; and 3. That at least sixty percent(60%) of the net area of the overall site will be landscaped. SECTION 3. Approval. The Atascadero City Council, in a regular session assembled on December 9, 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 4. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: 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.436 Page 3 of 4 INTRODUCED at a regular meeting of the City Council held on January 27, 2004 and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California on February 10, 2004,by the following roll call vote: AYES: Council Members Clay, Pacas and Scalise NOES: Council Members O'Malley and Mayor Luna ABSTAIN: None ABSENT: None CITY O ASCADE By: Dr. G 1 orge Luna. Mayor ATTEST: Marcia McClure Torgerson, C.M.C.-,6 .M.C., ity Clerk APPROVED AS TO FORM: �4 a 64 Roy 7 anley, City Attorney City of Atascadero Ordinance No.436 Page 4 of 4 Exhibit A: Zone Change Map ZCH 2003-0048 EE Official Zoning Map Change APN 049-102-055 Existing Zone: RSF-X E Amended Zone: SFR-X/PD-17 E E --�- a — -- r IE. 3�1I��3 Ela], Obispo Road a a } T Project Site EI Camino Real Del Rio Road `