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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