HomeMy WebLinkAboutResolution 2005-084 RESOLUTION NO. 2005-084
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RESOLUTION OF THE CITY OF ATASCADERO CITY COUNCIL
APPROVING GENERAL PLAN AMENDMENT 2005-0014,
AMENDING THE GENERAL PLAN LAND USE DIAGRAM
DESIGNATION
OF APN 030-213-009, 011, 012, 013, 014 FROM GC TO MDR
(5000, 5020, 5060 Marchant Road/ Kelly Gearhart)
WHEREAS, an application has been received from Kelly Gearhart (6205
Alcantara Avenue, Atascadero, CA) Applicant and Property Owner, to consider a project
consisting of a General Plan Amendment, Zone Map Change, and Zone Text Change
from CTPD-10 (Commercial Tourist/Planned Development Overlay - 10) to RMF-
10/PD-10 (Residential Multi-Family-10 with Planned Development Overlay #10) with an
associated Master Plan of Development and Tentative Tract Map on a 1.55-acre site
located at 5000, 5020, and 5060 Marchant Avenue (APN 030-213-011, 012, 013, 014);
and
WHEREAS, the site's current General Plan Designation is (GC) General
Commercial; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-
*me 0042 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,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly
noticed Public Hearing held on September 6, 2005 studied and considered General Plan
Amendment 2004-0014, after first studying and considering the Proposed Mitigated
Negative Declaration prepared for the project, and,
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City of Atascadero
Resolution No.2005-084
Page 2 of 4
err WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public
Hearing held on September 27, 2005, studied and considered General Plan Amendment
2005-0014, 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
resolves to take the following actions:
SECTION 1. Findings for Approval of a General Plan Amendment to the
Land Use Diagram of Atascadero as follows:
5000, 5020, 5060 Marchant Avenue (APN 030-213-009, 011, 012, 013, 014): General
Plan amendment from GC to MDR
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 3. Approval. The City Council of the City of Atascadero, in a regular
session assembled on September 27, 2005 hereby resolves to approve General Plan
Amendment 2005-0014 consistent with the following:
1. Exhibit A: General Plan Amendment Diagram/Project Site
City of Atascadero
Resolution No.2005-084
Page 3 of 4
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, O'Malley and Mayor Scalise
NOES: Council Member Pacas
ABSENT: None
ADOPTED: September 27, 2005
CITY OF ATASCAP) RO
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Wendy Scali e, Mayor
ATTEST:
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Marcia McClure Torgerson, C.M.C., Ci Clerk
VAPPRD AS TO RM:
41
Patric . E r�-' t, City Attorney
City of Atascadero
Resolution No.2005-084
Page 4 of 4
v Exhibit A:General Plan Land Use Diagram Amendment
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�'a.. Parcel
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Project site
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Current:
General Plan Designation: General Commercial
Proposed:
General Plan: Medium Density Residential
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