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HomeMy WebLinkAboutOrdinance 442 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. 442, adopted by the Atascadero City Council at a regular meeting thereof held on March 23, 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. 442 AN ORDINANCE OF THE ATASCADERO CITY COUNCIL APPROVING ZONE CHANGE 2003-0074 THEREBY AMENDING THE ZONING MAP DISTRICT OF APN 056-111-0279 056-111-025 RSF-X (RESIDENTIAL SINGLE-FAMILY-X ) TO RSF-X/ PD-17 (RESIDENTIAL SINGLE-FAMILY-X WITH PLANNED DEVELOPMENT OVERLAY #17) (8955 Coromar Avenue /Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Avenue, 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-X with Planned Development Overlay #17) with the adoption of a Master Plan of Development, and a 16-lot residential Tentative Parcel Map on APN 056- 111-027 and APN 056-111-025, and, WHEREAS, the Planning Commission has recommended that the site's General Plan designation be amended from GC (General Commercial) to SFR-X (Single-Family Residential—X); and, WHEREAS, the Planning Commission has recommended that the site be rezoned from CR(Commercial Retail)to RSF-X (Residential Single Family-X); and, WHEREAS, General Plan SFR-X land use designation allows for the creation of single-family planned development projects with a maximum density of four units per acre on lots less than 0.5 acres net, and Zoning Ordinance Article 28 allows Planned Development Overlay zones to be established to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, the City Council 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 City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, NOW, THEREFORE, the City Council takes the following actions: City of Atascadero Ordinance No.442 Page 2 of 4 SECTION 1. Findings for Approval of a Zone Change to the Official Zoning May of Atascadero Applying a PD-17 Planned Development Overlay District to the site. 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. Recommendation of Approval. The City Council of the City of Atascadero, in a regular session assembled on March 9, 2004, resolves 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 31St day after its final passage. City of Atascadero Ordinance No.442 Page 3 of 4 On motion by Council Member O'Malley and seconded by Council Member Clay, the foregoing Ordinance is hereby adopted in its entirety by the following roll call vote: AYES: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna NOES: None ABSENT: None ADOPTED: March 23, 2004 CITADGe&ge ASCAD By: Luna, Mayor ATTEST: ` MCM444-/ c---' Marcia McClure Torgerson, C.M.C., i y Clerk APPROVED AS TO FORM: Roy . Hanley, 66 Att ney EXHIBIT A: Official Zoning Map Change 2003-0074(Planned Development Overlay#17) Coromar Avenue Site v a / 3 Project 33 Site NW ' \ / � T iF 'jj 3333 `� £� � 3 / / 1 y 111911 // i. Official Zone Change Map t APN: 056-111-025, 027 Existing Zones: RSF-X / Amended Zones: RSF-X/PD-17 ORDINANCENO. 443 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE ZONING CODE TEXT (ZONE CHANGE 2003-0076) TO CREATE PLANNED DEVELOPMENT OVERLAY DISTRICT 21 FOR USE IN THE RSF-Y ZONING DISTRICT FOR PARCEL APN 49-163-013 AND 49-163-015 (3680, 3700 Colima Avenue /Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422), Applicant and Property Owner to consider a project consisting of a zone change from RSF-Y (Residential Single-Family-Y) to RSF-Y / PD-21 (Residential Single-Family-Y with Planned Development Overlay #21) with the adoption of a Master Plan of Development, and a five-lot residential Tentative Tract Map on APN 049-163-013 AND 049-163-015 and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0069 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 Planning Commission has recommended that the site's General Plan designation be amended from SE (Suburban Estate) to SFR-Y (Single-Family Residential — Y); and, WHEREAS, the Planning Commission has recommended that the site be rezoned from RS (Residential Suburban)to RSF-Y (Residential Single Family-Y); and, WHEREAS, Zoning Ordinance Article 28 allows Planned Development Overlay zones to be established to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0069 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 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 and expanding housing opportunities within 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, City of Atascadero Ordinance No.442 Page 2 of 3 WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, NOW, THEREFORE, the City Council takes the following actions: SECTION 1. Findings for Approval of a Zone Change Creating a PD-21 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. SECTION 2. Recommendation of Approval. The City Council of the City of Atascadero, in a regular session assembled on March 9, 2004 resolved to recommend that the City Council introduce for first reading an ordinance that would amend the City Zoning ordinance with the following: 9-3.66 Establishment of Planned Develo went Overla Zone No. 21: PD21 . A Planned Development Overlay Zone No. 21 may be established in the RSF-Y multi-family residential zones on parcels APN 49-163-013 and 49-163-015 with a combined gross acreage of 4.93 acres. The maximum density within the planned development shall not exceed a gross density of five units on the 4.93-acre project site. The following development standards shall be applied to the Planned Development Zone No. 21: (a) Second dwelling units shall not be allowed. (b) One of the five lots may be less than the required one-acre minimum lot size. (c)All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground. SECTION 3. Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31St day after its final passage. City of Atascadero Ordinance No.442 Page 3 of 3 On motion by Council Member O'Malley and seconded by Council Member Clay, the foregoing Ordinance is hereby adopted in its entirety by the following roll call vote: AYES: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna NOES: None ABSENT: None ADOPTED: March 23, 2004 CITY ATASCADE By: Dr. OZorge Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., CV Clerk APPROVED AS TO FORM: l - *& )1wV Roy A. ley, City Attorney