HomeMy WebLinkAboutOrdinance 447 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. 447, adopted by the
Atascadero City Council at a regular meeting thereof held on April 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. 447
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2003-0065,
AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF
APN 029-292-044 FROM RMF-10 TO RMF-10/PD-7
(5680 Rosario, 5495 Olmeda Av&Madruga)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from Rodney Madruga (5495 Olmeda
Ave, Atascadero, CA 93422), Applicant, 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 029-292-044, 017 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 March 16, 2004, studied and considered Zone Change 2003-0065, 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 April 13, 2004,
studied and considered Zone Change 2002-0065, after first studying and considering the Draft
Mitigated Negative Declaration prepared for the project;
City of Atascadero
Ordinance No.
Page 2 of 4
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.Findiny-s for Approval of a Zone Change to the Official Zoning May 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 April 13, 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.
Page 3 of 4
INTRODUCED at a regular meeting of the City Council held on April 13, 2004, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on April 27,
2004, by the following roll call vote:
AYES: Council Members O'Malley, Pacas, Scalise and Mayor Luna
NOES: Council Member Clay
ABSTAIN: None
ABSENT: None
CITY LATASCADERO
By: 46f, .
Dr. deorge Luna, Mayor
ATTEST:
blddAd,�. M Wz,� -7bjAeM),,-
Marcia McClure Torgerson, C.M.C., Oy Clerk
APPROVED AS TO FORM:
Roy . Hanley, Cit ttorney
City of Atascadero
Ordinance No.
Page 4 of 4
Exhibit A: Zone Change Map
ZCH 2003-0065
Projects Site:
OlmedWRosario Ave.
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Existing Designations:
General Plan: MDR
Zoning District: RMF-10
Proposed Designations:
General Plan: MDR
Zoning District: RMF-10/PD-7