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HomeMy WebLinkAboutOrdinance 459 CERTIFICATION I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 459 adopted by the Atascadero City Council at a regular meeting thereof held on September 14, 2004 and that it has been duly published pursuant to State Law. DATED: Marcia McClure Torgerson, C. .C. City Clerk City of Atascadero, California ORDINANCE NO. 459 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING ZONE CHANGE 2003-0047, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 031-152-003 FROM RMF-10 TO RMF-10/PD-7 (7500 Navajoa AveJ Higgins) WHEREAS, an application has been received from Lynne Higgins (7500 Navajoa 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 four lot residential Tentative Parcel Map on APN 031-152-003 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 August 3, 2004, studied and considered Zone Change 2003-0047, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, City of Atascadero Ordinance No.459 Page 2 of 4 WHEREAS, the Atascadero City Council, at a Public Hearing held on August 24, 2004, studied and considered Zone Change 2003-0047, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project; 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 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 August 24, 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.459 Page 3 of 4 INTRODUCED at a regular meeting of the City Council held on August 24, 2004, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on September 14, 2004,by the following roll call vote: AYES: Council Members Clay, O'Malley, Pacas and Scalise NOES: Mayor Luna ABSTAIN: None ABSENT: None CITYATASCAD O By: 4, � Dr. George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M. City Clerk APPROVED AS TO FORM: Thomas R. Gibson, Interim City Attorney City of Atascadero Ordinance No.459 Page 4 of 4 Exhibit A: Zone Change Map 2003-0047 �� st Project site: 7500 Navajoa J Ave. !� r r i� Existing Designations: -General Plan:Medium Density Residential -Zoning District:Residential Multi-Family— 10 Proposed Designations: -General Plan:Medium Density Residential -Zoning District:Residential Multi-Family— 10 w/PD-7 overlay