HomeMy WebLinkAboutResolution 2004-071 City of Atascadero
Resolution No.2004-071
Page 2 of 4
WHEREAS, the Initial Study/Mitigated Negative Declaration (IS/MND) for the Project
tiered from the General Plan Update EIR, and focused on project-specific significant effects
which are peculiar to the Project or its site; and
WHEREAS, section 21083.3 of the Public Resources Code, and section 15183 of the
State CEQA Guidelines (California Code of Regulations, title 14, section 15000 et seq.) provide
that a project is exempt from additional environmental review pursuant to CEQA if the project is
consistent with the development density established by an existing general plan for which the
lead agency prepared and certified an EIR, (Pub. Resources Code, § 21083.3, subds. (a), (b);
State CEQA Guidelines, § 15183; Gentry v. City of Murrieta (1995) 36 Cal.App.4th 1359,
1406); and
WHEREAS, the IS/MND did not identify any significant, unmitigable environmental
impacts which are peculiar to the Project and which were not already analyzed in the General
Plan EIR; and
WHEREAS, while the City Council acknowledges that the Project is associated with
significant and unavoidable air quality impacts and those impacts were disclosed in the IS/MND,
the application of Public Resources Code section 21083.3 and State CEQA Guidelines section
15183 make the adoption of an additional statement of overriding considerations for those
impacts unnecessary; and
WHEREAS, the City commits itself to adopting and implementing all relevant
mitigation measures identified in the General Plan EIR sections: land use and planning; geology;
hydrology and water quality; biological resources; cultural resources; agriculture; circulation; air
quality; noise; public services; and aesthetics. Pursuant to Public Resources Code section
21083.3, subdivision (c), the City Council will adopt a finding in conjunction with the Project
approval that applicable general plan mitigation measures will be undertaken; and
WHEREAS, the Planning Commission of the City of Atascadero held a public hearing
on August 17, 2004 and the City Council held a public hearing on September 14, 2004 following
the close of the review period to consider the Initial Study and Proposed Mitigated Negative
Declaration; and,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero, certifies Proposed Mitigated Negative Declaration 2004-0026 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,
City of Atascadero
Resolution No.2004-071
Page 3 of 4
3. The Proposed Mitigated Negative Declaration incorporates mitigation measure
and overriding considerations of the General Plan Environmental Impact Report;
and
4. The project does not have the potential to degrade the environment when
mitigation measures are incorporated into the project.
5. The project will not achieve short-term to the disadvantage of long-term
environmental goals.
6. The project does not have impacts, which are individually limited,but
cumulatively considerable.
7. The project will not cause substantial adverse effects on human beings either
directly or indirectly.
City of Atascadero
Resolution No.2004-071
Page 4 of 4
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 Clay, O'Malley, Pacas, Scalise and Mayor Luna
NOES: None
ABSTAIN: None
ABSENT: None
ADOPTED: September 14, 2004
CITY O ATASCADltiERr-O
By: re
.i
Dr. Ge
Luna, Mayor
ATTEST:
a
less
Marcia McClure Torgerson, C.M.C., ity Clerk
APPROVED AS TO FORM:
Thomas R. Gibson, Interim City Attorney
Exhibit A Proposed Mitigated Negative Declaration 20040026
CITY Off'ATASCADEP O
PROPOSED MITIGATED
NEGATIVE DEQ.ARATION #2004.0026
6905 E1 Camino Real.Suite 6kascadero,CA 93432 8051461-5000
Applicant: Bemnant Development Corrpanr,5383 FbllisterAuenue,Suite 150,Santa Barbara,CA
93111,Phone: 964-7200
Plrgject Title: Dove Creek Mixed-Use Development, (Zane Change 2003-0049,Conditional Use Permit
2003.0099,Tentative Tract Nbp 2003- 33)a sinDe-familyr+esidentalkomner ial
centerbpen space detelopment.
Project Santa Barbara Road and B Canino Real,Atascadem.CA 93422 (Sar Wis Obispo
Location: County)APN 45-342-03,46-381-10.46-38 107,46381-09,45.331.02.4&331.04,46.331-08,46-331-01,46.342.05,46-342-04,46-342-13.46-342-01.46.342-08.46342=02,46-352-
06.
Project Aproject consisting of282 residential dwelling units in a vadetyofst}les and densities,
Description; approAr ately60000 square feet of neighborhood commercial uses,and 192 acres of
natural open space.
Proposed Zoning:Combination of CR(Commercial Retai),
FWF-10(Residerroal K&ti-Famly),and
0 S(Open Space).
flail l"m
1. The pzoje d does nothare the poterdiaito degrade the erratum mere:
2. 7hepmojectwMruotad%kweshoat-temtothedist&a dageafkng-termexaasoaaatalgoals.
3. The Fmoje d does nothaue imp acts whirls are atdividua.17 limttecLbttt cttrmuldkely considerable.
4. 1heFanjedwillrwtcausesubstmtidaduerseeffects onhmamb"eiti rdirectlyer<indrealyr.
ct+rrr :a�etcna
Based ontheabove falhW.andtheitt mationcom2aatedattheinitialAudy3004-0012(Maudeapamhereofby
rrefrencaand onfile attlteCom+mTM*vDeaelopmerdDepaztmemd khasbeen det,ermanedthattheabove pmjecmffi
nothwe an adverse impad onthe et korner whenthe folio irgp roposedmitigafiianme asures are inco¢porded
into the project(See alladmal).
Prepwod By: PadreAsmdam,he
c Pastes 7*13,2004
P'ubUc 12er:4w"dm August 1,2004
R,..� aw ,rte
6905 EL CA ;D -ATASCADnO,CA 93422- 5)4o .60iO-rA I.9(12