HomeMy WebLinkAboutResolution 2001-032 RESOLUTION NO. 2001-032
A RESOLUTION OF THE ATASCADERO CITY COUNCIL
CERTIFYING NEGATIVE DECLARATION 2001-0020 PREPARED FOR
ZONE CHANGE 2001-0011, CONDITIONAL USE PERMIT 2001-0041,
AND TENTATIVE TRACT MAP 2001-0005
(9351-9353 Musselman Drive/APN 030-461-0479 030-461-049 / Richard
Shannon)
WHEREAS, an application has been received from Richard Shannon (5070 San Benito
Road, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of
a zone change from RMF-16 (Residential Multi-Family) to RMF-16 / PD-7 (Residential Multi-
Family with Planned Development Overlay #7) with the adoption of a Master Plan of
Development, and an eight-lot residential tentative tract map on APN 030-461-047, 030-461-
049; and,
WHEREAS, an Initial Study and Draft Negative Declaration 2001-0020 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
following the close of the review period for the Initial Study and Draft Negative Declaration to
consider its adequacy; and,
WHEREAS, the Atascadero City Council held a public hearing following the close of
the review period for the Initial Study and Draft Negative Declaration to consider the proposed
environmental determination and Planning Commission recommendation; and,
NOW, THEREFORE, the Atascadero City Council, at a public hearing held on
Tuesday, August 28, 2001, hereby resolves to certify Proposed Negative Declaration 2001-0020
based on the following Findings and as shown on Exhibit A:
(a) The Negative Declaration has been completed in compliance with CEQA; and,
(b) The 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,
(c) The project does not have the potential to create a significant environmental impact; and
(d) The project will not achieve short-term to the disadvantage of long term environmental
goals; and
City of Atascadero
Resolution No.2001-032
Page 2
(e) The project does not have impacts which are individually limited, but cumulatively
considerable; and,
(f) The project will not cause substantial adverse effects on human beings either directly or
indirectly.
On motion by Council Member Johnson and seconded by Mayor Pro Tem Scalise,the foregoing
Resolution is hereby adopted following roll call vote:
AYES: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide
NOES: None
ABSTAIN: None
ABSENT: None
ADOPTED: August 28, 2001
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1. Michael Arrambide, Mayor
Attest:
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Marcia McClure Torgerson, City Cler
Approved as to form:
46 1"/1"
Roy Qlanley, City A orney
City of Atascadero
Resolution No.2001-032
Page 3
Exhibit A: Proposed Negative Declaration
TTM 2001-0005/ZCH 2001-0011
® R:R R■
Mrs! R 1978
o PROPOSED
NEGATIVE DECLARATION#2001-0020
6500 Palma Avenue Atascadero, CA 93422 805/461-5035
APPLICANT: Richard K Shannon
5070 San Benito Road
Atascadero, CA 93422
PROJECT TITLE: Tentative Tract Map 2001-0005, Zone Change 2001-0011
PROJECT LOCATION: 9351, 9353 Musselman Drive, CA 93422,San Luis Obispo County
APN 030-461-047 and 030-461-049
PROJECT DESCRIPTION: Proposed rezone to Planned Development Overlay Zone PD-7 and 8-lot Tentative
Tract Map to permit the construction of 8 detached, 1818+/- square foot, 3-bedroom single family homes. The
project is located on two existing lots currently developed with two single-family homes and several outbuildings.
The two existing homes will be removed and replaced with new construction. The lot has slopes below 10% with
several mature native oak trees located within the project site, one 6-inch live oak will be required to be removed,
all other native trees on the site will be protected and preserved. Full urban services area available to the site.
The General Plan Designation is High Density Multi-Family (HDMF) and the Zoning District is RMF-16. The
project is consistent with the maximum density permitted by the General Plan.
FINDINGS:
1. The project does not have the potential to degrade the environment.
2. The project will not achieve short-term to the disadvantage of long-term environmental goals.
3. The project does not have impacts which are individually limited,but cumulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
DETERMINATION:
Based on the above findings,and the information contained in the initial study 2001-0020(made a part hereof by
reference and on file in the Community Development Department), it has been determined that the above project
will not have an adverse impact on the environment when the following project is developed in accordance with
required conditions.
PREPARED BY: Jamie L.Kirk,Associate Planner
DATE POSTED: May 29,2001
PUBLIC REVIEW ENDS: July 17,2001