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Home My WebLink About2007-095IRESOLUTION NO. 2007-095 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2005-0016, AMENDING THE GENERAL PLAN LAND USE DIAGRAM DESIGNATION OF APN 045-391-0159 016 FROM CREC. (COMMERCIAL RECREATION) TO SFR -Y (SINGLE- FAMILY RESIDENTIAL 1.0 AC MIN) WITH A PLANNED DEVELOPMENT -8 OVERLAY APN 045-391-015, 016 13000 Atascadero Road (Gearhart) WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422, (Applicant) and Atascadero Homeowners LLC, 6205 Alcantara Avenue, Atascadero, CA 93422, (Property Owner) to consider a project consisting of a General Plan Land Use Diagram Amendment from CREC (Commercial Recreation) to SFR -Y (Single - Family Residential 1.0 ac min) and a Zoning Map Change from LS / PD -8 / FH (Special Recreation with a Planned Development -8 and Flood Hazard Overlay) to RSF-Y / PD -8 / FH (Residential Single -Family 1.0 ac min with a Planned Development 8 and Flood Hazard Overlay) with a corresponding Master Plan of Development and Vesting Tentative Parcel Map on a 10.0 -acre site located at 13000 Atascadero Road (045-391-015, 016); and, WHEREAS, the site's current CREC (Commercial Recreation); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0022 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 determined that it is in the best interest of the City to enact this amendment to the General Plan Land Use Diagram 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 General Plan Amendment 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 General Plan Amendment; and, City of Atascadero Resolution No. 2007-095 Page 2 of 4 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on October 16, 2007, studied and considered General Plan Amendment 2005-0016, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, WHEREAS, a timely and properly noticed Public Hearing upon the subject General Plan Amendment application was held by the Atascadero City Council at which hearing evidence, oral and documentary, was admitted on behalf of said General Plan Amendment; and, WHEREAS, the Atascadero City Council, at a duly noticed Public Hearing held on November 13, 2007, studied and considered General Plan Amendment 2005-0016, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project and the Planning Commission's recommendation, and, NOW THEREFORE, the Atascadero City Council takes the following actions: SECTION 1. Findings for Approval of a General Plan Amendment to the Land Use Diagram of Atascadero as follows: The City Council finds as follows: 1. The proposed amendment is in the public interest. 2. The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 3. The proposed amendment is compatible with existing development, neighborhoods and the environment. 4. The proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 5. The proposed amendment is consistent with adopted General Plan EIR and mitigation monitoring program. 6. The proposed amendment is in the best interest of the City to enact this amendment to the General Plan Land Use Diagram to protect the health, safety and welfare of its citizens and is compatible with existing and proposed development; and, SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on November 13, 2007, hereby resolves to approve General Plan Amendment 2005-0016 consistent with the following: 1. Exhibit A: General Plan Land Use Diagram Amendment City of Atascadero Resolution No. 2007-095 Page 3 of 4 On motion by Council Member O'Malley, and seconded by Mayor Luna, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Clay, O'Malley and Mayor Luna NOES: Council Members Beraud and Brennler ABSENT: None ADOPTED: November 13, 2007 ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS F RM: Brian Pierik, Interim City Attorney 1 CITY OF A SCADERO By: r. Geor e Luna, Mayor II 1 1 City of Atascadero Resolution No. 2007-095 Page 4 of 4 Exhibit A: General Plan Land Use Diagram Amendment / General Plan Land Use Diagram Amendment Existing General Plan Land Use: CREC (Commercial Recreation) Proposed General Plan Land Use: SFR -Y (Single -Family Residential 1.0 ac min)