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HomeMy WebLinkAboutOrdinance 474 CERTIFICATION 1, 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. 474, adopted by the Atascadero City Council at a regular meeting thereof held on April 26, 2005, and that it has been duly published pursuant to State Law. DATED: Marcia McClure Ta Berson, C.M.(:) City Clerk City of Atascadero, California ORDINANCE NO. 474 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2004-0093, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 049-311-003 FROM RSF-X (RESIDENTIAL SINGLE FAMILY-X) TO RSF-X/PD-17 (RESIDENTIAL SINGLE FAMILY-X WITH PLANNED DEVELOPMENT OVERLAY #17) (1565 El Camino Real/Alvarez) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from Steve Alvarez (1565 El Camino Real, 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 with Planned Development Overlay #17) with the adoption of a Master Plan of Development, and a seven-lot residential Tentative Tract Map on APN 049-311-003; and, WHEREAS, the site's General Plan Designation is SFR-X (Single-Family Residential - X); and, WHEREAS, the site's current zoning district is RSF-X (Residential Single-Family- X); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0005 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 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 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, City of Atascadero Ordinance No.474 Page 2 of 4 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 15, 2005, studied and considered Zone Change 2004-0093, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on April 12, 2005, studied and considered Zone Change 2004-0093, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, 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 Changing the existing site zoning to RSF-X/PD-17. 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 City Council of the City of Atascadero, in a regular session assembled on April 26, 2005, resolved to approve on second reading, by title only, an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map City of Atascadero Ordinance No.474 Page 3 of 4 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. SECTION 4. Effective Date. This ordinance shall be effective at 12:01 a.m. on the 31St day after its passage. INTRODUCED at a regular meeting of the City Council held on April 12, 2005, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on April 26, 2005, by the following roll call vote: AYES: Council Members Clay, Pacas, Luna, O'Malley and Mayor Scalise NOES: None ABSTAIN: None ABSENT: None CITY OF ATAS ERO By: ----� Wen y Sca e, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., Cij Clerk APPROVYD AS TO5ORM: PatriClc En t, ity Attorney City of Atascadero Ordinance No.474 Page 4 of 4 Exhibit A: Official Zoning Map Change 20040093(Planned Development Overlay#17) i �k ' � Project Site t Existing Designations: -General Plan: Single Family Residential-X -Zoning District:Residential Single-Family—X Proposed Designations: -General Plan:Single Family Residential-X -Zoning District:Residential Single-Family—X/PD-17