HomeMy WebLinkAbout2007-083 RESOLUTION NO. 2007-083
+W A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO UPHOLDING THE PLANNING COMMISSION'S
ACTION TO DENY TENTATIVE PARCEL MAP 2006-0087
LOCATED AT 10270 SANTA ANA ROAD
APL 2007-0014 (BALTES / KOCH)
WHEREAS, an appeal of the Planning Commission's action denying Tentative Parcel
Map 2006-0087 has been received from Sandi Baltes, 1014 Lockhaven, Brea, CA 92821; and,
WHEREAS, the site is located within the Rural Estate (RE) land use designation of the
City of Atascadero's General Plan Land Use Diagram; and,
WHEREAS, the proposed project site is located in the Residential Suburban (RS) zoning
district; and,
WHEREAS; the Planning Commission reviewed Tentative Parcel Map 2006-0087
application on August 7, 2007, at 7:00 p.m. and considered testimony and reports from staff, the
applicant, and the public; and,
WHEREAS, the Planning Commission adopted PC Resolution 2007-0065, denying the
Tentative Parcel Map 2006-0087; and
WHEREAS, the City Council reviewed the appeal of the Planning Commission action
on October 9, 2007, at 7:00 p.m. in the Council Chambers located at 6907 El Camino Real and
considered testimony and reports from staff, the appellant, and the public; and,
WHEREAS, the City Council decided to uphold the Planning Commission's action for
denial based on the findings; and,
NOW, THEREFORE, the City Council takes the following actions:
SECTION 1. Denial of Appeal. The City Council upholds the action of the Planning
Commission on August 7, 2007, denying Reconsideration of Tentative Parcel Map 2006-0087,
and finds as follows:
SECTION 1. Findings for Denial of Appeal. The City Council finds that the as follows:
• No. 5: The design and improvement of the proposed subdivision will cause
substantial environmental damage or substantially and unavoidably injure fish and
wildlife or their habitat.
• No. 8: The proposed subdivision will not be accomplished without detriment to the
adjacent properties.
rrr • No.10: The flag lot is not justified by topographical conditions.
City of Atascadero
Resolution No. 2007-083
Page 2 of 2
• No. 11: The subdivision is not consistent with the character of the immediate
neighborhood.
• No. 12: The proposed accessway improvements do not meet the intent of the
subdivision ordinance and/or are not adequate for safe emergency vehicle access.
• Additional Finding: The shape of the proposed lots are irregular and do not
constitute orderly development.
BE IT FURTHER RESOLVED, that the City Council does hereby deny Appeal 2007-
0014 and affirms the Planning Commission's denial of Tentative Parcel Map 2006-0087 (PLN
2006-1171.)
On motion by Council Member Brennler, and seconded by Council Member Beraud the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Council Members Beraud, Brennler, O'Malley and Mayor Luna
NOES: Council Member Clay
ABSENT: None
ABSTAIN: None
ADOPTED: October 9, 2007
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ADr. OF ATAS DERO
eorge Luna, Mayor
Attest:
Marcia McClure Torgerson, City dUrk
APPROVED AS TO FORM:
Robert Schultz, Interi ity Attorney
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