HomeMy WebLinkAbout2007-088 RESOLUTION NO. 2007-088
Irl.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, APPROVING
LOT LINE ADJUSTMENT 2007-0082, ALLOWING THE ADDITION OF
49130 SQUARE FEET TO A COMMERCIAL LOT
AT 6305 MORRO ROAD APN 030-212-016
(GIESSINGER)
WHEREAS, An application has been received from Donald A. Giessinger (PO Box 791,
Atascadero, CA 93423), Owner/ Applicant, to consider a request to abandon an approximately
4,130 square-foot portion of Marchant Avenue with an associated Lot Line Adjustment; and,
WHEREAS, a Categorical Exemption (Class 5) Section 15305, Minor Alterations in
Land Use Limitations was prepared for the project in accordance with the requirements of the
California Environmental Quality Act (CEQA); and,
WHEREAS, the site's current General Plan Designation is General Commercial (GC);
and,
WHEREAS, the site's current zoning district is Commercial Tourists (CT); and,
tow WHEREAS, a timely and properly noticed Public Hearing upon the subject Lot Line
Adjustment 2007-0082 application was held by the Planning Commission of the City of
Atascadero on September 18, 2007, at which both oral and documentary evidence was admitted
on behalf of said project; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Lot Line
Adjustment 2007-0082 application was held by the City Council of the City of Atascadero on
October 9, 2007, at which both oral and documentary evidence was admitted on behalf of said
project; and,
NOW, THEREFORE, the City Council of the City of Atascadero takes the following
actions:
SECTION 1. Findings for approval of Tentative Lot Line Adjustment Map. The
City Council finds as follows:
1. The proposed map, as conditioned, is consistent with the General Plan and
applicable zoning requirements; and,
2. The design and improvement of the proposed map, as conditioned, is consistent
with the General Plan and applicable zoning requirements; and,
City of Atascadero
Resolution No. 2007-088
Page 2 of 6
3. The site is physically suitable for the density of development proposed; and,
im
4. The design and improvement of the proposed map will not cause substantial
environmental damage or substantially and unavoidably injure fish and wildlife or
their habitat; and,
5. The map is consistent with the character of the immediate neighborhood; and,
6. The design of the Lot Line Adjustment will not conflict with easements acquired
by the public at large for access through, or the use of property within, the
proposed subdivision; or substantially equivalent alternative easements are
provided; and,
7. The proposed Lot Line Adjustment design and type of improvements proposed
will not cause serious public health problems.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on October 9, 2007 resolved to approve Lot Line Adjustment 2007-0082 (AT
07-0080) subject to the following:
EXHIBIT A: CEQA Exemption
EXHIBIT B Conditions of Approval
EXHIBIT C: Lot Line Adjustment Map 2007-0082 (AT-AL- 07-0080)
City of Atascadero
Resolution No. 2007-088
Page 3 of 6
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 Beraud, Clay, O'Malley and Mayor Luna
NOES: Council Member Brennler
ABSENT: None
ADOPTED: October 9, 2007
ATTEST:
C4Dr. Gedrge
S ERO
By: wiz
Luna, Mayor
i
Marcia McClure Torgerson, C.M.C., City erk
am APPROVED AS TO FORM:
Rob Schultz, lnte4i3City Attorney
Wo
City of Atascadero
Resolution No. 2007-088
Page 4 of 6
Exhibit A:
Categorical Exemption
t;rrar Lot Line Adjustment 2007-0082(ATAL 07-0080)
6305 Morro Road
CITY OF ATASCADERO
NOTICE OF EXEMPTION
6907 El Camino Real Atascadero,CA 93422 805.461.5000
TO: File Date Received for Filing
FROM: City of Atascadero
Community Development Department
6907 El Canino Real
Atascadero,CA 93422
SUBJECT: F71ing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code
Proal Title
LOT LINE ADJUSTMENT AND ROAD ABANDONMENT,6305 MORRO ROAD
Project Location(Include County)
6305 Morro Road
Atascadero,CA 93422(San Luis Obispo County)
Project Description
Adjustment of boundary lines between two existing lots of record and road abandonment of 4,130 square feet of
Marchant Avenue.
Name of Public Agency Apuroving Proiect
City of Atascadero
Name of Person or Agency Carrying Out Project
Donald A.Giessinger,and the City of Atascadero
Exempt Status:
❑ Ministerial(Sec.21080(bxl);15268)
❑ Declared Emergency(Sec.21080(b)(3);15269(a))
❑ Emergency Project(Sec.21080(b)(4);15269(b)(c))
® Categorical Exemption(Sec.15305,Minor Alteration in Land Use Limitations)
Reasons why project is exempt:
Class 5 of the California Environmental Quality Act(CEQA)(Section 15305,Minor Alterations in Land Use
Limitations)exempts lot line adjustments on slopes of less than 20%when the parcels have previously been
improved.
Date: June 12,2007
Steve McHarris
Deputy Director
City of Atascadero
Resolution No. 2007-088
Page 5 of 6
Exhibit B:
Conditions of Approval
�rrir Lot Line Adjustment 2007-0082(ATAL 07-0080)
6305 Morro Road
ENVIRONMENTAL FINDING:
The proposed Lot Line Adjustment is exempt from the requirements of the California
Environmental Quality Act (CEQA)under CEQA Guideline 15305, Class 5.
MAP FINDING:
The application as submitted conforms to all applicable building and zoning regulations of the
City of Atascadero and is consistent with the City's General Plan.
CONDITIONS:
1. The Lot Line Adjustment as generally shown on Attachment A, provided herein shall be
submitted as a final parcel map or in a record of survey with Certificates of Compliance,
or deeds to be approved by the Community Development Department and City Engineer
prior to recordation. If the Lot Line Adjustment is to be recorded through the use of
deeds, the deeds shall be submitted in the City's Certificate of Compliance standard
format for review and approval prior to recordation.
2. Approval of this Lot Line Adjustment shall expire two years from the date of approval
(date of this correspondence) unless a time extension has been granted in response to a
written request received prior to the expiration date.
3. The applicant shall show the ATAL number issued by the County of San Luis Obispo (on
the record of survey map or included in "Exhibit B" of the Certificates of Compliance);
plat all plottable easements with recording information, list all unplottable easements, and
show the legal description for the properties being adjusted.
4. If a record of survey is submitted, a mylar copy of the survey shall be submitted to the
Community Development Department for approval prior to recordation.
WM
City of Atascadero
Resolution No. 2007-088
Page 6 of 6
Exhibit Q
em Tentative Lot Line Adjustment
Lot Line Adjustment 2007-0082(ATAL 07-0080)
6305 Morro Road
IM #14 j
r
at
—
aa
i { d
a
u
b ,
"
60W ! I
" Ar t� I
t� I aE
MW
Y
.F