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HomeMy WebLinkAboutResolution 2004-016 RESOLUTION NO. 2004-016 A RESOLUTION OF THE CITY COUNCIL CERTIFYING MITIGATED NEGATIVE DECLARATION 2003-0069 PREPARED FOR GENERAL PLAN AMENDMENT 2003-0009; ZONE CHANGE 2003- 0073; DEVELOPMENT AGREEMENT 2004-0001; ZONE CHANGE 2003-0072; ZONE CHANGE 2003-0074; CONDITIONAL USE PERMIT 2003-0120; TENTATIVE TRACT MAP 2003-0041; ZONE CHANGE 2003-0076; TENATIVE TRACT MAP 2003-0042; CONDITIONAL USE PERMIT 2002-0067 AMENDMENT; AND TENTATIVE TRACT MAP 2003-0045 (Pine Mountain TDR/ Gearhart, Molina, Johnson) WHEREAS,the following applications have been received: 8825, 8955 Coromar Avenue (APN 056-111-027, 056-111-023): General Plan Amendment from GC (General Commercial) to SFR-X (Single-Family Residential — X). Zone Change from CR (Commercial Retail) & CT (Commercial Tourist) to RSF-X (Residential Single Family-X) zone with Planned Development Overlay No. 17/Conditional Use Permit corresponding to the general plan amendment. Planned Development Overlay Zone No. 17 and corresponding Vesting Tentative Tract Map. Applicant: Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422) and William Johnson(8955 Coromar Avenue, Atascadero, CA 93422); 3680, 3700 Colima Road (049-163-013, 49-163-015): General Plan Amendment from SE (Suburban Estate) to SFR-Y (Single Family Residential — Y). Zone Change from RD (Residential Suburban) to RSF-Y (Residential Single Family). A new Planned Development Overlay No. 21 to allow one lot to be less than one acre and to restrict all lots from adding second dwelling units. A Vesting Tentative Tract Map corresponding to the proposed 5 residential lots and site improvements. Applicant: Kelly Gearhart(6205 Alcantara Avenue, Atascadero, CA 93422); Ferrocaril Road - De Anza Estates (APN 049-011-004): General Plan Amendment from SE (Suburban Estate) to RSF-Y (Residential Single-Family— Y). Zone Change from RS (Residential Suburban) to RSF-Y (Residential Single Family-Y). An amendment to an existing Master Plan of Development to reflect the additional lots and to restrict all 20 lots from adding second dwelling units. A Vesting Tentative Tract Map corresponding to the new proposed lots. Applicant: Kelly Gearhart(6205 Alcantara Avenue, Atascadero, CA 93422); Pine Mountain (APN 028-231-003): General Plan Amendment from SE (Suburban Estate) to OS (Open Space). The eight (8) development units will be transferred from the Pine Mountain property leaving no development credits on the property. Applicant: Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422). Applicant: George Molina(5000 Marchant Avenue, Atascadero, CA 93422); and City of Atascadero Resolution No.2004-016 Page 2 of 4 WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2003- 0069 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 on Tuesday, February 17, 2004 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, WHEREAS, the City Council of the City of Atascadero held a public hearing on Tuesday, March 9, 2004 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 2003-0069 based on the following Findings as shown on 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, 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 O'Malley and seconded by Mayor Luna, the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: Council Members Clay, O'Malley, Scalise and Mayor Luna NOES: Council Member Pacas ABSENT: None ADOPTED: March 9, 2004 City of Atascadero Resolution No. 2004-016 Page 3 of 4 CITY fQATASCADERW By: Dr. Ge rge Luna, Mayor ATTEST: `- Marcia McClure Torgerson, C.M.C., ity Clerk APPROVED AS TO FORM: 1,61 " Roy anley, City Atto ey City of Aadero Resolution Wo.,.20D4-016 Page 4 of 4 Exhibit A: Resolution A Draft Mitigated Negative Declaration 2003-0069 Pine Mountain TDR Project Sites isra' , 197 CITY OF ATASCADERO .SAN 0 g 2004 COMMUNITY DEVELOPMENT DEPARTMENT All L ADDEWg10 �` ,Clerk CITY OF ATASCADERO Deputy NOTICE OF INTENT TO ADOPT MITIGATED NEGATIVE DECLARATION AND PL COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Atascadero Planning Commission will be holding a public hearing to consider the following project and environmental determination. The public is encouraged to attend. Applicant: Kelly Gearhart,6205 Alcantara Avenue,Atascadero,CA 93422 Phone: 805/461-7504 William Johnson,8955 Coromar Avenue,Atascadero,CA 93422 Phone: 805/466-8824 George Molina,5000 Marchant Avenue,Atascadero,CA 93422 Phone: 805/466-4661 Project Title: Pine Mountain Transfer of Development Rights(General Plan Amendment 2003-0009/Zone Change 2003-0073),an exchange of eight single-family residential lots from Pine Mountain to property on Coromar Road(Zone Change 2003-0072/ZCH 2003-0074/CUP 2003-0120/Tentative Tract Map 2003-0041)and Colima Road(Zone Change 2003-0076,Tentative Tract Map 2003-0042);and Ferrocaril Road-De Anza Estates(Zone Change 2002-0029 Amendment/Conditional Use Permit Amendment 2002-0067/Tentative Tract Map 2003-0045)within Atascadero. Location: Pine Mountain(APN 028-231-003),8825,8955 Coromar Ave(APN 056-111-027,056-111-023),3680,3700 Colima(Tentative Tract Map 2557),Ferrocaril Rd-De Anza Estates(049-011-004),Atascadero(SLA County) Project A development agreement for a transfer of eight single-family residential(SFR)development rights from Pine Description: Mountain to two receiver sites under a General Plan Amendment and Zone Change process. In addition,a site located along Coromar Avenue will receive a land use and zone change to allow 16 single-family residential lots.The project includes the following additional actions for each site: Coromar Avenue: Planned Development Overlay,Conditional Use Permit,and Tentative Tract Map. Maximum project entitlement 16 single-family units/lots. In addition,a zone change for a separate but contiguous single-family residential property located at 8955 Coromar Avenue for land use consistency,not subject to the proposed development agreement. Colima Road: Planned Development Overlay/Tentative Tract Map. Maximum project entitlement five(5)SFR lots, three(3)of which are transferred units from the Pine Mountain property plus two(2)lots that currently exist. . Ferrocaril Road(De Anza Estates): Planned Development Overlay Amendment,Conditional Use Permit Amendment,and Tentative Tract Map. Maximum project entitlement: twenty(20)SFR units,five(5)additional SFR units,all of which are transferred units from Pine Mountain plus fifteen(15)SFR lots that currently exist. Pine Mountain: General Plan Amend net/Zone Change will redesignate site as open space. Maximum project entitlement: 0 units,eight(8)SFR units will be transferred from the Pine Mountain property leaving no development credits on the property. The property ownership will be transferred to the City of Atascadero through the development agreement. Environmental Begins: January 12,2004 Review Dates: Ends: February 10,2004 Hearing Dated February 3,2004 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The proposed Environmental Mitigated Negative Declaration is available for public review from 1/12/04 through 2/10/04 at 6905 El Camino Real Determination: Suite 6,Community Development Department,from 8:00 a.m.to 5:00 p.m.,Monday through Friday. Any interested person may review the proposed Mitigated Negative Declaration and project f les. Questions should be directed to Steve McHarris, PlannirASFrvices Managpp at 461-5000,Ext.5032. n r W en M.Frace, mmunity Development Director Date