Loading...
HomeMy WebLinkAboutOrdinance 444 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. 444, 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: 1 wa LT Cti1� d 1. arcia McClure Torgersorn, C.M.C. City Clerk City of Atascadero,California ORDINANCE NO. 444 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE ZONING MAP CHANGE (ZONE CHANGE 2003-0076) TO DESIGNATE A PLANNED DEVELOPMENT OVERLAY DISTRICT 21 ON 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, 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, City of Atascadero Ordinance No.443 Page 2 of 4 NOW, THEREFORE, the City Council takes the following actions: SECTION 1. Findings for Approval of a Zoning Map Change for 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 introduce for first reading by title only an ordinance that would rezone the subject site consistent with the following: Exhibit A: Zone Change Map SECTION 3. Effective Date. This ordinance shall be effective a 12:01 a.m. on the 31 St day after its final passage. City of Atascadero Ordinance No. 443 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 CITY O TASCADER By: Dr. G rge Luna, Mayor ATTEST: .l , Marcia McClure Torgerson, C.M.C., City k APPROVED AS TO FORM: i44� Roy . Hanley, City Att ey City of Atascadero Ordinance No.443 Page 4 of 4 Exhibit A: Zone Change 2003-0076 (Planned Development No.21 Zoning Map Change) Colima Road Site IAk x Y Ri Project i Site RS= ? gg RS-s , F-Y r r o. RS r' RSF-Y Official Zoning Map Change: xp RSF y" 049-163-013, 015 f J Existing Zone: RS Amended Zone: RSF-Y/PD-21