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HomeMy WebLinkAbout2007-043 RESOLUTION NO. 2007-043 i0w RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2006-0036 PREPARED FOR ZONE CHANGE 2005-0110, CONDITIONAL USE PERMIT 2005-0174, AND TENTATIVE PARCEL MAP 2005-00819 APN 030-121-003 & 004 (7298 & 7312 Santa Ysabel Avenue / Patel & Patel) WHEREAS, an application has been received from Paritosh Patel, 930 Wigeon Way, Arroyo Grande CA 93420 and Niral Patel, 175 S. Mesa Road,Nipomo CA, (Applicants and Property Owners) to consider a project consisting of a Zone Change from RMF-16 (Residential Multi-Family-16) to RMF-16/PD-25 (Residential Multi-Family-16 with Planned Development Overlay#25) with a corresponding Master Plan of Development and a twelve lot Tentative Tract Map on APN 030-121-003 & 004; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2006-0036 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 �rrr on May 1, 2007 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 June 12, 2007, 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 2006-0036 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, rr City of Atascadero Resolution No. 2007-043 Page 2 of 3 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 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 Brennler, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Brennler, Clay, O'Malley and Mayor Luna NOES: Council Member Beraud ABSENT: None ADOPTED: June 12, 2007 CITY ATASCADER By: r. Geor e Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City 9erk APPROVED AS TO FORM: 'f u Patric " E*ghftity Attorney a.w City of Atascadero Resolution No. 2007-043 Page 3 of 3 Exhibit A Proposed Mitigated Negative Declaration 2006-0036 p p CITY OF ATASCADERO NEGATIVE DECLARATION #2006-0036 dam`El Camino Real Atascaiddero,Cha 934 8415,461-1 Applicant- M�Pa4,g Was, owC-r�eCAp3420 Phan_. D25-234-35-9 Project Titles ZhneChanp200 Prot 72 9S&,'312 U=TV* rmue, 91C 2 Locatiom ,San Luis Obispo Caurily)AINT OY,1- Project The proposatiproje-tconsistsofanappliationhraZone chan conditionalt,`iePumit,And Deseriptiaon: Tenmve Tfact'lLap f€aztlae cao=cwn of 12 nw-,iiia_Ala-fkmih'atraclad homes M individual lots thatwtll beden eloped undoe the re#r .to of PlaxtaedDr4opmeza 2 v;eday district wilhin the P2tJF-16ibnial=l9hTkT pgapojed3soma raatp in sim from 1312 is 1532 sq ase f oflitin_space yyaw plats am of t-wo-car pf$;ps.The proj-tinduds anachad unix wit one h3me pee'hat.Additional partinE is iacb dad in &ivegay and farts_gtatgara arealso pro,ided ou ate.There are no 6ti4 on sits no waive tseas are praa d far remaval_ 'Lha projea iachtda a parkin__cou3 which ilI take accau off of Etta 4, C tar planl3silaatian Hi _#Demity R?sidaital R) ZninzDiatrict: Rosideatial3attalri-F 1g-16+R 1P-lds Eads: 1. The project a not hazy the potential to d-- the an, so=ent. :. The proja't will not 3 hlz-4•e:.hat-tom to the dAs vantage oflong tem xMa metal lc%ds, ;. The Meet does not hale impa,-'ts which are indiN id l limt4 but, {labs ely constdemb e. 4. The project still not Mse Mbstsnfial s'me&ects on htsn=b?�s at et dires-tl- or irdirxtl€. 5. Determination- Eased on the alae findikp and the intmnalion cont ink in the iii dal study 2M.--X36 omide a part heied by refemce and on file in the Community De-o opm-mt L xattrnent),it haa bean detemined that the abo,e glia'k'i'U not hgv--an ad etre imp&a on the environment sFhen the its ate pxopo sed mitigation measiues,are incofPC rat into the pmact(see went). PreparedItyz Cailis T;T dor,A israr!Ph ew Date Pasted; \�oramber 3, 2 ,gid Public Review Erb: November 22,IN06 Attachments: - L ion=ZoninkILBP - Aerial - Existing Site Plan - Site Plan 2%,Later Plea of Developmeaft - Floor Plans - 1=1e,�tions - Rre-liminary Grading Plans - Site Photos - Initial Study R-=fie to Comments