HomeMy WebLinkAboutOrdinance 437 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. 437, adopted by the
Atascadero City Council at a regular meeting thereof held on January 27, 2004, 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. 437
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2002-0053,
AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF
APN 029-301-039 FROM RMF-10 TO RMF-10 / PD-7
(5785 SAN JACINTO AVE / BENNETT)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Rex Bennett (5785 San Jacinto Ave,
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 Parcel Map on APN 029-301-039 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 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, November 4, 2003, studied and considered Zone Change 2003-
0053, 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 January 27, 2004, studied
and considered Zone Change 2002-0053, after first studying and considering the Draft Mitigated
Negative Declaration prepared for the project;
NOW,THEREFORE, the Planning Commission takes the following actions:
City of Atascadero
Ordinance No.437
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-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.
SECTION 2. Approval. The Atascadero City Council, in a regular session assembled
on January 27, 2004 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 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.437
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 January
27, 2004,by the following roll call vote:
AYES: Council Members Clay, O'Malley,Pacas, Scalise, and Mayor Luna
NOES: None
ABSTAIN: None
ABSENT: None
CITY ATASCAD O
By:
Dr. deorge Luna, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., Cit` Clerk
APPROVED AS TO FORM:
Royy Hanley, City Atto ey
City of Atascadero
Ordinance No.437
Page 4 of 4
Exhibit A: Zone Change Map 2003-0053
n` %� r
Project
Site \
k y
Existin
General Plan:MDR
Zoning District.RMF-10
Proposed:
General Plan:MDR
Zoning District:RMF-10/PD-7