HomeMy WebLinkAboutResolution 2003-068 RESOLUTION NO. 2003-068
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO CERTIFYING PROPOSED MITIGATED NEGATIVE
DECLARATION 2003-0044 PREPARED FOR ROAD ABANDONMENT
2003-0012 AND TENTATIVE TRACT MAP 2003-0029
(APN 031-091-0059 0069 0089 0099 031-092-016)
(Don Messer)
WHEREAS, an application has been received from Don Messer, PO Box 1958,
Atascadero, CA 93423 (Applicant) and J. Michael Finch, 6445 N. Palm Avenue, Suite 101,
Fresno, CA 93704 (Property Owner), to consider Road Abandonment 2003-0012 and Tentative
Tract Map 2003-0029, allowing the six existing Colony lots of record located between Encino
Avenue and Atajo Avenue, APN 031-091-005, 006, 008, 009, 031-092-016; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0044 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 site's General Plan Designation is SFR-Z (Single-Family Residential
1.5 —2.5 acre minimum lot size); and,
WHEREAS, the site's Zoning District is RSF- Z (Residential Single-Family 1.5 — 2.5
acre minimum lot size); and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject applications
was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral
and documentary, was admitted on behalf of said projects; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on September 16, 2003 and referred the project back to staff for additional review; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on October 7, 2003, studied and considered the Draft Mitigated Negative Declaration
prepared for the project; and,
WHEREAS, the Atascadero City Council, at a Public Hearing held on November 25,
2003, studied and considered the Draft Mitigated Negative Declaration prepared for the project;
NOW, THEREFORE, BE IT RESOLVED, by the City Council, hereby resolves to
certify Proposed Mitigated Negative Declaration 2003-0044 based on the following findings as
shown on Exhibit A:
1. The Proposed Mitigated Negative Declaration has been completed in compliance
with CEQA; and,
City of Atascadero
Resolution No.2003-068
Page 2 of 3
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,
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 Scalise and seconded by Council Member O'Malley, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members O'Malley, Scalise and Mayor Clay
NOES: Council Members Luna, and Pacas
ABSENT: None
ADOPTED: November 25, 2003
Y OF ATASC
By:
J rry L7, Sr.,Mayor
ATTEST:
C
Marcia McClure Tbrgerson, City Cler
APP OVED AS O FORM:
Roy Hanley,City At rney
City of Atascadero
Resolution No.2003-068
Page 3 of 3
EXHIBIT A: Draft Mitigated Negative Declaration 2003-0044
CITY OF ATASCADERO
Asa e
CERTIFIED MITIGATED
NEGATIVE DECLARATION #2003-0044
6500 Palma Avenue Atascadero,CA 93422 805/461-5035
Applicant: Don Messer PO Box 1958,Atascadero,CA 93422,805/466-0549
Project Title: Road Abandonment 2003-0012
Tentative Tract Map 2003-0029
Project 4.5 vacant acres located at the end of Encino Road between Atajo Road,Atascadero,CA 93422
Location: (San Luis Obispo County)APN 031-091-005,006,008,009,031-092-016
Project The proposed project consists of an application for Road Abandonment and a six lot tract map.
Description: The project would result in the abandonment and realignment of a portion of Encino Road and the
adjustment of six existing lots of record,no new lots would be created. The purpose of the project
is to minimize hillside grading and impacts to native trees. The site is consists of steep wooded
slopes with Live Oak and White Oak woodlands and a portion of an un-named blue line creek.
The project includes the removal of 133 native oak trees.
General Plan Designation: SFR-Z(Single-Family Residential 1.5—2.5 acre minimum lot size)
Zoning District: RSF-Z(Residential Single-Family 1.5—2.5 acre minimum lot size)
Findings:
1. The project does not have the potential to degrade the environment.
2. The project will not achieve short-term to the disadvantage of long-term environmental goals.
3. The project does not have impacts which are individually limited,but cumulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
Determination:
Based on the above findings,and the information contained in the initial study 2003-0044(made a part hereof by reference and on
file in the Community Development Department),it has been determined that the above project will not have an adverse impact on
the environment when the following proposed mitigation measures are incorporated into the project(see attachment).
Prepared By: Warren Frace, Community Development Director
Date Posted: August 27,2003
Public Review Ends: September 16,2003
Attachments: - Location Map
- Tentative Tract Map
Initial Study 2003-0044
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