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HomeMy WebLinkAbout2006-089 RESOLUTION NO 2006-089 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2006-0022 PREPARED FOR ZONE CHANGE 2005-0107, CONDITIONAL USE PERMIT 2005-0171, AND TENTATIVE TRACT MAP 2004-0059, APN 049-022-011 (2865 Ferrocarril Road/Tharp/Beck) WHEREAS, an application has been received from Gary Tharp and Jim Beck (2865 Ferrocarril Road, CA 93422), Owner and Applicant, to consider a project consisting of a Zone Change from RS (Residential Suburban) to RS / PD-16 (Residential Suburban with Planned Development Overlay #16) with the adoption of a Master Plan of Development, and a five-lot residential Tentative Tract Map on APN 049-022-011, and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2006-0022 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 of the City of Atascadero held a public hearing on August 15, 2006 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration, and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated, and, WHEREAS, the City Council of the City of Atascadero held a public hearing on September 26, 2006, following the close of the review period, to consider the Initial Study and Proposed Mitigated Negative Declaration, and, NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to certify Proposed Mitigated Negative Declaration 2006-0022 based on the following Findings, and as shown in Exhibit A 1 The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA, and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared, and, 3 The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. City of Atascadero Resolution No.2006-089 Page 2 of 3 4 The project will not achieve short-term to the disadvantage of long-term environmental goals 5 The project does not have impacts which are individually limited, but cumulatively considerable. 6 The project will not cause substantial adverse effects on human beings either directly or indirectly On motion by Council Member Clay and seconded by Council Member Pacas, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote AYES Council Members Clay, Pacas and Mayor O'Malley NOES None ABSENT Council Member Luna One Vacancy ADOPTED September 26, 2006 CITY OTASCADER By- Tom yTom O'Malley, Mayor ATTEST Marcia McClure Torgerson, C M.0 , Cf Clerk APPROYID AS TFC" Patrick /EigfCt, City Attorney 'err City of Atascadero Resolution No. 2006-089 Page 3 of 3 Exhibit A Proposed Mitigated Negative Declaration 2006-0022 CITY OF ATASCADERO ®RECEEIVED ,,t91a �;,8�EBt►i COMMUNITY DEVELOPMENT DEPARTMENT CITY OF ATASCADERO NOTICE OF INTENT TO ADOPT MITIGATED NEGATIVE DECLARATION AND PLANNING COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Atascadero Plaruung Commission will be holding a public hearing to consider the following project and environmental determination. The public is encoura ed to attend. Owner l Owner Gary&Mary P Tharp,5255 Traffic Way Atascadero,CA 93422 Applicant: Applicant Jim Beck,8665 Morro Road Suite E,Atascadero CA 93422 Project Title: Zone Change 2005-0107 CUP 2005-0171 TTM 2004-0059 Project 2865 Ferrocarril,Atascadero,CA 93422 Location: (San Luis Obispo County)APN 049-022-011 Project An application for a Zone Change,Conditional Use Perrrut,and Tentative Tract Map for a 5 lot Description: residential subdivision that will be developed under the requirements of the Planned Development overlay 1#16 which allows for a clustered development in exchange for restricted open space areas. > Chico Road is proposed for extension to access a cluster of four(1)one-acre lots. The existing house and support structures(except the barn,proposed for removal)will remain on proposed Lot 5. Proposed Lot 5 will continue to be accessed from the existing driveway off Ferrocarril Road. The riparian area along northeast side of the property will be preserved by an open space easement of approximately 1.57 acres. Project design also includes a pedestrian and equestrian trail to access the River Parcel from the Chico Road extension. No native trees are proposed for removal. General Plan Designation: Suburban Estate(SE) Zoning District Residential Suburban(RS) Environmental Begins: July 27,2006 Review Dates: Ends: August 15,2006 Hearing Date: Planning Commission—August 15, 2006/City Council—September 26, 2006 Hearing Atascadero City Hall,7 00 p.m. Location: 6907 El Camino Real,Atascadero, CA 93422 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration Environmental is proposed. The proposed Mitigated Negative Declaration is available for public Determination: review from July 27 2006 through August 15 2006 at 6907 El Camino Real, Community Development Department, from 8.00 a.m. to 5.00 p m., Monday through Friday Any terested pe o ay review the proposed Mitigated Negative Declaration and project files. Questions should be d to argason,Associate Planner at 461-5000 ext. 3442 w Stgven G Mcllarris, eputy Community Development Director bate tY6S Fmooril.NND.kmdoc Rau Ovc 01/21A611 ss AM 6907 EL CAMINO REAL ATASCADERO,CALIFORNIA 93422 (805)461 5000 FAX 461 7612