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.
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W en M.Frace, mmunity Development Director Date