HomeMy WebLinkAbout2007-022 RESOLUTION NO. 2007-022
A RESOLUTION OF THE ATASCADERO CITY COUNCIL
APPROVING GENERAL PLAN AMENDMENT 2006-0017,
AMENDING THE LAND USE, OPEN SPACE, AND
CONSERVATION ELEMENT OF THE ATASCADERO GENERAL
PLAN
(Citywide/City of Atascadero)
WHEREAS, an application has been received from the City of Atascadero (6907
El Camino Real), to consider a project consisting of a General Plan Amendment
consisting of text changes to LOC Policy 8.2. of the Land Use Element of the General
Plan; and,
WHEREAS, an Initial Study and Draft Negative Declaration 2006-0039 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 City Council has determined that it is in the best interest of the
City to enact this amendment to the General Plan Land Use Element to protect the health,
safety and welfare of its citizens; 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 City Council 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 April 3, 2007, studied and considered General Plan
Amendment 2006-0017, after first studying and considering the Proposed Negative
Declaration prepared for the project, and,
WHEREAS, the City Council of the City of Atascadero held a public hearing on
May 8, 2007 following the close of the review period to consider the Initial Study and
Proposed Negative Declaration; and,
NOW THEREFORE, the City Council of the City of Atascadero takes the
following actions:
am
City of Atascadero
Resolution No. 2007-022
Page 2 of 4
SECTION 1. Findings for Approval of a General Plan Amendment to the Land
woo Use, Open Space, and Conservation Element of Atascadero 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 Element 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 May 8, 2007, hereby resolves to approve General Plan Amendment
2006-0017 consistent with the following:
1. Exhibit A: General Plan LOC Policy 8.2. Text Amendment
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City of Atascadero
Resolution No. 2007-022
Page 3 of 4
On motion by Council Member Beraud and seconded by Major Luna the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Council Members Beraud, , Brennler and Mayor Luna
NOES: Council Members Clay and O'Malley
ABSTAIN: None
ABSENT: None
ADOPTED: May 8, 2007
C Y OF ATA ADERO, CA
Dr. Gorge Luna, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C.;' ity Clerk
APPROV D,�AS TQ
Patrick Enri ' ity Attorney
City of Atascadero
Resolution No. 2007-022
Page 4 of 4
Exhibit A: General Plan LOC Policy 8.2.Text Amendment
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Goal LOC 8. Watershed areas of Atascadero shall be protected.
Policy 8.2: Establish and maintain setbacks and development standards for creek side
development.
Program:
1. Maintain a creek setback ordinance which establishes building setbacks and
development standards along the banks of Atascadero Creek, Graves Creek,
Boulder Creek, blue line creeks and the Salinas River to ensure the
uninterrupted natural flow of the streams and protection of the riparian
ecosystem with flexible standards for the downtown area.
2. Atascadero Creek, Graves Creek, and Boulder Creek shall have a 35-foot
setback. All other 7.5 min USGS quadrangle blue line creeks shall have a
20-foot setback. The Salinas River shall have a 35-foot setback. The
setbacks shall be subject to the following:
a) On Atascadero Creek, Graves Creek, and Boulder Creek setbacks shall
r be measured from the edge of the creek reservation.
b) All other blue line creeks and the Salinas River shall have setbacks
measured from the ordinary high water mark.
c) The Planning Commission may approve exceptions to the creek
setbacks in the form of a Minor Conditional Use Permit with a biologist
report, a report prepared by a professional engineer or geologist qualified
in hydrogeomorphology, and an Archaeological Phase 1 study.
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