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HomeMy WebLinkAboutResolution 2002-005 RESOLUTION NO. 2002-005 A RESOLUTION OF THE ATASCADERO CITY COUNCIL CERTIFYING NEGATIVE DECLARATION 2001-0053 PREPARED FOR ZONE CHANGE 2001-0019, CONDITIONAL USE PERMIT 2001-0050, TENTATIVE TRACT MAP 2001-0008, AND ROAD ABANDONMENT 2001-0007 (9385 Musselman Avenue/APN 030-461-054 /Jim Shores) WHEREAS, an application has been received from Jim Shores, PO Box 216, Atascadero, CA 93423, (Applicant), and Raymond Marasse, 9385 Musselman Avenue, Atascadero, CA 93422, (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, a ten-lot residential tentative tract map, and a request to abandon a portion of the Musselman Avenue public right-of-way on APN 030-461-054; and, WHEREAS, an Initial Study and Draft Negative Declaration 2001-0053 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, February 26, 2002, hereby resolves to certify Proposed Negative Declaration 2001- 0053 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.2002-005 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, Scalise and Mayor Arrambide NOES: Council Member Luna ABSTAIN: None ABSENT: None ADOPTED: February 26, 2002 J. Michael Arrambide, Mayor Attest: Marcia McClure Torgerson, City C Vrk Approved as to form: 4- a, 1�( Roy anley, City Att rney City of Atascadero Resolution No.2002-005 Page 3 Exhibit A: Proposed Negative Declaration TTM 2001-0008/ZCH 2001-0053 181s� , PROPOSED NEGATIVE DECLARATION#2001-0053 6500 Palma Avenue Atascadero; CA 93422 805/461-5035 Applicant: Jim Shores,PO Box 216, Atascadero, CA 93422 (Owner: Raymond Marasse) Project Title: Tentative Tract Map 2001-0008/Zone Change 2001-0019 Project 9385 Musselman Avenue, CA 93422, San Luis Obispo County APN 030-461-054 Location: Project Proposed rezone to Planned Development Overlay Zone PD-7,a 10-lot Tentative Tract Map to permit the Description: construction of 9 detached single family homes,and a request to abandon a portion of Musselman Avenue road right-of-way. The project is located on an existing lot currently developed with a single-family residence. The lot has slopes below 10%with several mature native oak trees located within the project site,several small clusters of live oaks will be required to be removed to install a drainage basin,all other native trees on the site will be protected and preserved. Full urban services area available to the site.The project is consistent with the maximum density permitted by the General Plan. General Plan Designation:High Density Multi-Family(HDMF) Zoning District:RMF-16. 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 2001-0053 (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 proposed mitigation measures are incorporated into the project(see attachment). Prepared By: Jamie Kirk,Associate Planner Date Posted: December 21,2001 Public Review Ends: January 15,2002 Attachments: 1. Location Map 2. Tentative Tract Map 3. Master Plan of Development 4. Tree Removal List 5. Architectural Elevations