HomeMy WebLinkAboutResolution 2001-042 RESOLUTION NO. 2001-042
A RESOLUTION OF THE ATASCADERO CITY COUNCIL RE-
CERTIFYING MITIGATED NEGATIVE DECLARATION 99029 FOR
ZONE CHANGE 2001-0015, CONDITIONAL USE PERMIT 2001-0040 AND
AMENDMENT OF TENTATIVE TRACT MAP 98013
FOR APN 049-033-021
(3900 Traffic Way/ Shores)
WHEREAS, an application has been received from Jim Shores (PO Box 216,
Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a Zone
Change (ZCH 2001-0015) of 0.75 acres from L/PD-15 (Recreation) to LS/PD-15 (Special
Recreation), amendment of the Master Plan of Development for Planned Development 15 to
relocate three building sites outside of jurisdictional wetlands (CUP 2001-0040), and the
amendment of Phase III of Tract Map 2317 to change the location of lots consistent with the
Master Plan of Development and create three additional lots (TTM 98013). The project is
located at 3900 Traffic Way(APN 049-033-021); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 99029 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 Atascadero City Council held a public hearing following the close of
the review period for the Initial Study and Draft Mitigated Negative Declaration and determined
to certify the environmental determination on November 9, 1999; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a public hearing
held on Tuesday, August 21, 2001, hereby resolves to recommend that the City Council re-
certify Mitigated Negative Declaration 99029; and,
WHEREAS, the Atascadero City Council, at a public hearing held on Tuesday,
November 13, 2001, to consider re-certification of Mitigated Negative Declaration 99029 based
on the following findings and as shown on Exhibit A:
NOW,THEREFORE,the City Council takes the following actions:
SECTION 1. RE-CERTIFICATION OF THE MITIGATED NEGATIVE
DECLARATION/ ENVIRONMENTAL DETERMINATION: The City Council hereby re-
certifies the environmental determination and Mitigated Negative Declaration that were
originally certified for the Master Plan of Development and Tentative Tract Map on November
9, 1999 based on the following findings:
1. Consistent with the requirements of the California Environmental Quality Act (CEQA), the
City coordinated its environmental analysis with all affected public agencies; and,
2. An Initial Study was previously prepared and certified evaluating the environmental
consequences of the above referenced project; and,
City of Atascadero
Resolution No.2001-042
Page 2
3. Based upon the Initial Study, a Mitigated Negative Declaration was prepared, which
identified no potentially significant environmental consequences; and,
4. The environmental documents were submitted to all interested parties; and,
5. The City received public testimony and communications on the adequacy of the Mitigated
Negative Declaration on November 9, 1999. Based on that review and comments, it is
determined that the Draft Mitigated Negative Declaration findings and conclusions remain
valid and are appropriate for supporting the proposed project; and,
6. The Mitigated Negative Declaration prepared for the proposed project is complete, adequate
and is in conformance with the requirements of the California Environmental Quality Act;
and,
7. Amendment of the Master Plan of Development PD-15 and amendment of Tentative Tract
Map 98013 are determined to be substantially consistent with the original project description
and will not create any additional impacts that have not been previously analyzed.
BE IT RESOLVED by the Atascadero City Council that the findings stated above are
adopted and Mitigated Negative Declaration 99029 is re-certified.
On motion by Council Member Johnson and seconded by Council Member Clay, the foregoing
Resolution is hereby adopted following roll call vote:
AYES: Council Members Clay, Johnson, Scalise and Mayor Arrambide
NOES: Council Member Luna
ABSTAIN: None
ABSENT: None
ADOPTED: November 13, 2001
By
J ichael Arrambide, Mayor
Attest: ,
Marcia McClure Torgerson, City Cle�
Approved as to form:
I)A
Roy V Hanley, Ci Attorney
City of Ataseadero
Resolution No.2001-042
Page 3
Exhibit A Notice of Determination/Mitigated Negative Declaration 99029
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Official Records :EDR 25.00 vow
San Luis Obisno Co.
Julie L. Rodewalti �
d
Recorder CST AADEIZO
Nov 12. 1999 ,
Timet 15:50 NOTICE OF DETERMINA TION
E Q j 'TOTAL 25,pp'venue Ataseadero,CA 93422 /,L,lywliµJp ffi� ,5035
TO: ® County Clerk,County of San Luis Obispo
❑ Office of Planning and Research(If the project requires state approval) NOV 1 2 1999
1400 Tenth Street
Sacramento,CA 95814
JULIE L.i319Buixti,CCI ITY CLERK
FROM: Warren Frace,City of Ataseadero By S.L.MILLER
t1EPIM CLEfi1I
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public
Resources Code.
RESIDENTIAL CLUSTER SUBDIVISION(GENERAL PLAN AMENDMENT 98002,ZONE CHANGE 98004,
TENTATIVE TRACT MAP 98013
Project Tine
NIA
State Clearinghouse Number
3900 TRAFFIC WAY(APN 49-031-003)
Ataseadero,CA 93422 FILE COPY
San Luis Obispo County
Project Location(Include County)
The proposed project consists of the following elements(1)General Plan Amendment 98002 to c the land use designation
Of approximately 39.9*acres from Single Family Suburban to 20.31 acres High Density Single Family,10.0*acres Recreation,
2.7*acres Industrial and 6.9*acres streets and the extension of the Urban Service Line to provide sewer service to the project
area,(2)Zone Change 98004 to change the zoning from RS(Residential Suburban)to RSF-X(Residential Single-Family 1/2-
acre minimum with sewer),L(Recreation),and I(Industrial),consistent with the General Plan Amendment with a Planned
Development Overlay District,and(3)a 43-lot tentative tract map with a net residential density of 38 dwelling units. The
project site is a sloping cattle pasture with scattered stands of mature native oak trees and a distinct spring area surrounded by.
riparian vegetation.
Project Description
This is to certify that the City of Ataseadero,the N lead/a❑responsible agency approved the above described project
on November 9,1999 and made the following determinations:
1. The project❑will N will not have a significant effect on the environment.
2. ❑ An Environmental Impact Report was prepared and certified for this project pursuant to the provisions of
CEQA and reflects the independent judgment of the Lead Agency.
❑ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the
independent judgment of the Lead Agency.
® A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA and
reflects the independent judgment of the Lead Agency,
3. Mitigation measures N were❑were not made a condition of the approval of the project.
4. A Statement of Overriding Considerations❑was N was not adopted for this project.
5. Findings N were❑were not made pursuant to the provisions of CEQA.
6. The location and custodian of the documents which comprise the record of proceedings for the Final EIR(with
comments and responses)or Negative Declaration are specified as follows:
Custodian: Paul M.Saldana,Commun I ity Development Director
Loca' : Commum Develo merit D artment,6500 Palma Avenue Ataseadero,CA 93422
11/12/99
Paul .Saldana,Community Development Director Date