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HomeMy WebLinkAboutResolution 2004-084 RESOLUTION NO. 2004-084 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2003-0008, AMENDING THE GENERAL PLAN LAND USE DIAGRAM DESIGNATION OF APN 030-491-0139 0159 0189 001 FROM GC (GENERAL COMMERCIAL) TO GC/MDR (GENERAL COMMERCIAL/MEDIUM DENSITY RESIDENTIAL) (9105 Principal Avenue/ WestPac Investments) WHEREAS, an application has been received from WestPac Investments (805 Aerovista Place, Suite 202, San Luis Obispo, CA 93401) Applicant and Donald Messer,Thomas and Janice McNamara, William McNamara, (P.O. Box 1958, Atascadero, CA 93423), Property Owners, to consider a project consisting of a General Plan Amendment from GC (General Commercial) to GC/MDR (General commercial/Medium Density Residential) and Zone Change from CR (Commercial Retail) to CR/RMF-10/PD-24 (Commercial Retail/Residential Multi-Family-10 with Planned Development Overlay #24) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 5.52-acre site located at 9105 Principal Avenue (APN 030- 491-013, 015, 018, 001); and, WHEREAS, the site's current General Plan Designation is (GC) General Commercial; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0024 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 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 and expanding housing opportunities within 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 September 21, 2004, studied and considered General Plan Amendment 2003-0008, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, City of Atascadero Resolution No.2004-084 Page 2 of 4 WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on October 12, 2004, studied and considered General Plan Amendment 2003-0008, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a General Plan Amendment to the Land Use Diagram of Atascadero as follows: 9105 Principal Ave (APN 030-491-013, 015 018, and 001): General Plan Amendment from GC (General Commercial) to GC/MDR (General Commercial/Medium-Density Residential). 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 General Plan EIR and mitigation monitoring program. 6. The proposed amendment 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 and is compatible with existing and proposed development; and, SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on October 12, 2004, hereby resolves to approve General Plan Amendment 2003-0008 consistent with the following: 1. Exhibit B: General Plan Land Use Diagram Amendment City of Atascadero Resolution No.2004-084 Page 3 of 4 On motion by Council Member Scalise 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, and Scalise NOES: Council Member Pacas and Mayor Luna ABSENT: None ADOPTED: October 12, 2004 CITY ATASC RO By: Dr. Ge ge Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., Cio Clerk APPROVED AS TO FORM: Thomas R. Gibson, Interim City Attorney City of Atascadero Resolution No.2004-084 Page 4 of 4 Exhibit B: General Plan Amendment Land Use Diagram Amendment General f` Commercial: 0.78 ac 4 f� Medium Density Residential: 4.22 ac 1 @ 1 t AT y R i. • __ ^, f '' *d'. dui t�J " e s Existing Desi ng ation: General Plan: Commercial Retail Zoning: Commercial Retail Proposed Designation: tion: - General Plan: General Commercial/Medium - Density Residential Zoning: Commercial Retail/Residential Multi- Family-10/PD-24