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HomeMy WebLinkAboutResolution 2004-026 RESOLUTION NO. 2004-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING GENERAL PLAN AMENDMENT 2003-0011, AMENDING THE LAND USE DIAGRAM DESIGNATION OF APN 029-302-047 FROM GC TO MDR (5245 El Camino Real / Sherwin) WHEREAS, an application has been received from Stan Sherwin (5245 El Camino Real, Atascadero CA 93422), Applicant and Property Owner to consider a project consisting of a general plan amendment changing 0.15 acres of the GC (General Commercial) land use designation to MDR (Medium Density Residential); and change 0.15 acres of the CR (Commercial Retail) zoning district to RMF-10 (Residential Multi-Family, 10 units/Acre) on 0.15 acres within APN 029-302-047; and, WHEREAS, the site's General Plan land use designation is GC (General Commercial) and has been recommended to be changed to MDR; and, WHEREAS,the site's current zoning district is CR(Commercial Retail); and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the General Plan Land Use Diagram to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA)have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject General Plan amendment application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said General Plan amendment; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday, March 2, 2004, studied and considered General Plan Amendment 2003-0011, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday, March 23, 2004, studied and considered General Plan Amendment 2003-0011, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE,the City Council takes the following actions: City of Atascadero Resolution No.2004-026 Page 2 of 3 SECTION 1. Findings for Approval of a General Plan Amendment to change the General Plan Land Use Diagram for the City of Atascadero from General Commercial to Residential Multi-Family (RMF-10). The City Council finds as follows: 1. The proposed amendment is in the public interest. 2. The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 3. The proposed amendment is compatible with existing development, neighborhoods and the environment. 4. The proposed amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 5. The proposed amendment is consistent with adopted EIR and mitigation monitoring program. SECTION 2. Recommendation of Approval. The City Council of the City of Atascadero, in a regular session assembled on March 23, 2004, resolved to approve a resolution that would re- designate the subject site consistent with the following: 1. Exhibit A: General Plan Amendment- Land Use Diagram Amendment On motion by Council Member Scalise and seconded by Council Member Clay, the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: Council Members Clay, Pacas, Scalise and Mayor Luna NOES: None ABSTAIN: Council Member O'Malley ADOPTED: March 23, 2004 CITY O TASCADER By: �✓ Dr. George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., y Clerk APP OVED AS TO ORM: (h V__a, I"" Roy ranley, City Atto ey City of Atascadero Resolution No. 2004-026 Page 3 of 3 Exhibit A: General Plan Amendment-Land Use Diagram Amendment V (P f 4 f h F f/ Land Use Diagram APN 029-302-047 Existing: GC Amended: MDR