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HomeMy WebLinkAbout2008-005RESOLUTION NO. 2008-005 ... RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2007-0019, AMENDING THE GENERAL PLAN LAND USE DIAGRAM DESIGNATION OF LOT 1 OF APN 030-283- 005 FROM RECREATION (L) TO HIGH DENSITY RESIDENTIAL (HDR) AND AMENDING THE REQUIREMENTS OF THE GENERAL PLAN MASTER PLAN OF DEVELOPMENT OVERLAY #12 (ATASCADERO AVENUE TRIANGLE) APN 030-283-005 6905 Navajoa Avenue (City of Atascadero / Atascadero Homeowners, LLC / MLW Holdings, LLC) WHEREAS, an application has been received from the City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422, (Applicant), Atascadero Homeowners, LLC, 6205 Alcantara Avenue, Atascadero, CA 93422, (Property Owner), and MLW Holdings, LLC, P.O. Box 604, Atascadero, CA 93423, (Property Owner) to consider a project consisting of an amendment to the requirements of the General Plan Master Plan of Development Overlay #12: "Atascadero Avenue Triangle" and a General Plan Land Use Diagram Amendment from Recreation (REC) to High Density Residential (HDR) and on a 0.38 -acre site located at 6905 Navajoa (Lot I of APN 030-283-005); and, WHEREAS, the site's current General Plan Land Use Designation is Recreation (REC); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0027 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. 2008-005 Page 2 of 5 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed am Public Hearing held on January 15, 2008, studied and considered General Plan Amendment 2007-0019, 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 Fenruary 26, 2008, studied and considered General Plan Amendment 2007-0019, 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: 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 February 26, 2008, hereby resolves to approve General Plan Amendment 2007-0019 consistent with the following: 1. Exhibit A: General Plan Land Use Diagram Amendment 2. Exhibit B: General Plan Table II -5 Amendment; Amendment of Master Plan of Im Development Overlay #12 Requirements City of Atascadero Resolution No. 2008-005 Page 3 of 5 On motion by Council Member O'Malley and seconded by Council Member Clay, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Clay, Luna and O'Malley NOES: Council Member Beraud and Mayor Brennler ABSENT: None ADOPTED: February 26, 2008 CITY OF ATASCADERO J By:, ike Brennler, Mayor ATTEST: Marcia McClure Torgerson, CW ., Citv Clerk APPROVED O FORM: Brian Pierik, City Attorney City of Atascadero Resolution No. 2008-005 Page 4 of 5 Exhibit A: General Plan Land Use Diagram Amendment City of Atascadero Resolution No. 2008-005 Page 5 of 5 Exhibit B: General Plan Table 11-5; Amendment of MPD Overlay#12 Development Requirements City of Ahwadcro C,eneral Plan Land Use, Open Space and Consenration Etenient Table 111-5: Master Flair of Developrrrerrt Overlay Areas. 12. Atascadero Avenue Triangle . 10 dwelling units Development on Lot 1 shall combined max on Lots include additional landscape 2 & 3 buffer • 2 dwelling units max on Lot 1