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HomeMy WebLinkAboutResolution 2026-064 City of Atascadero Resolution No. 2026-064 Page 1 of 7 RESOLUTION NO. 2026-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA ADOPTING THE CITY OF ATASCADERO 2045 GENERAL PLAN CONSISTING OF THE FOLLOWING ELEMENTS: LAND USE AND COMMUNITY FORM, ECONOMIC DEVELOPMENT, MOBILITY, RECREATION AND OPEN SPACE, PUBLIC SERVICES AND INFRASTRUCTURE, AND SAFETY AND EMERGENCY PREPAREDNESS WHEREAS, California Government Code Section 65300 requires the City of Atascadero (“City”) to adopt and maintain a General Plan that contains certain elements, describes the City's long-term goals for growth and development, and identifies policies and programs to achieve those goals; and WHEREAS, the City of Atascadero last completed a comprehensive update of its General Plan in 2002 (adopted June 25, 2002) which has been amended in part from time to time; and WHEREAS, in July 2021, the City began the process of comprehensively updating the City's General Plan, and since this time City officials, City staff, and community members have been actively involved in the preparation of the 2045 General Plan Update ("2045 General Plan"); and WHEREAS, the 2045 General Plan applies to lands within City limits (“City Planning Area”). The City's Planning Area covers a total of 38 square miles of land; and WHEREAS, in December 2021, the City selected MIG, Inc. to prepare the 2045 General Plan and a corresponding Environmental Impact Report; and WHEREAS, pursuant to Government Code Section 65351, the City engaged the community to help formulate the 2045 General Plan by holding 17 community workshops and other public engagement opportunities, including open houses on October 14, 2023 and October 21, 2025; and WHEREAS in accordance with Government Code sections 65351 through 65352.5, the City has provided opportunities for public input and involvement on the 2045 General Plan, and provided opportunities for consultation to affected public agencies and California Native American tribes on the 2045 General Plan; and WHEREAS, in conformance with Government Code section 65302 describing the mandatory elements of a general plan, the 2045 General Plan contains the following chapters, which address the mandatory elements: Land Use and Community Form, Economic Development, Housing, Mobility, Recreation and Open Space, Public Services and Infrastructure, and Safety and Emergency Preparedness; and Docusign Envelope ID: D2748AA1-7019-879D-8383-C1F7D034F7D1 City of Atascadero Resolution No. 2026-064 Page 2 of 7 WHEREAS, the Housing Element was adopted by the Atascadero City Council (“City Council”) on November 10, 2020 and was certified by the California Department of Housing and Community Development (HCD) for the 6th Cycle Housing element (2020-2028) on January 12, 2021; and WHEREAS, for the purpose of the City Council’s determination contained herein the 2045 General Plan includes the following elements: Land Use and Community Form, Economic Development, Housing, Mobility, Recreation and Open Space, Public Services and Infrastructure, and Safety and Emergency Preparedness; and does not include the Housing Element; and WHEREAS, there are no proposed changes to the City's Sphere of Influence accompanying the 2045 General Plan, nor has the City submitted any applications to the San Luis Obispo County Local Agency Formation Commission in connection with the 2045 General Plan; and WHEREAS, the Land Use Plan for the 2045 General Plan institutes “Placetypes” to supplant Land Use districts and bring more clear direction and character defining elements to each designation. While most of the Placetypes reflect existing and long-established development types such as Rural Residential, Commercial and Industrial, three new Placetypes are established as part of this General Plan: High Density Multi-Family, Mixed Use, and Innovation; and WHEREAS, the City is the lead agency for the 2045 General Plan and corresponding Zoning Code Update project pursuant to the California Environmental Quality Act ("CEQA"); and WHEREAS, the City has completed the 2045 General Plan and corresponding Zoning Code Update and analyzed potential environmental impacts in compliance with CEQA; and WHEREAS, on July 16, 2024, the City filed a Notice of Preparation (“NOP”) with the State Office of Land Use and Climate Innovation (“LCI”) to determine the scope of environmental review for the 2045 General Plan and Zoning Code Update. The City circulated the NOP to the relevant state and local public agencies, as well as to interested organization and members of the public between July 16, 2024 and August 14, 2024. On July 24, 2024, the City conducted a scoping meeting to receive public comments on the scope and content of the environmental impact report; and WHEREAS, pursuant to CEQA, the City prepared a Draft Environmental Impact Report (“Draft EIR”) (SCH No. 2024070598) for the 2045 General Plan and corresponding Zoning Code Update; and WHEREAS, on April 15, 2026, the City filed a Notice of Completion (“NOC”) informing LCI that the City had completed the Draft EIR, and recommending distribution of the Draft EIR to certain state agencies for review; and WHEREAS, the City distributed and published a Notice of Availability for the Draft EIR to all interested groups, organizations and individuals on April 20, 2026 to solicit public comment on the Draft EIR; and Docusign Envelope ID: D2748AA1-7019-879D-8383-C1F7D034F7D1 City of Atascadero Resolution No. 2026-064 Page 3 of 7 WHEREAS, the Draft EIR was available for public review, inspection and comment at City Hall, located at 6500 Palma Avenue, Atascadero, CA 93422, the Atascadero Public Library located at 6555 Capistrano Avenue, Atascadero, CA 93422, and the City of Atascadero’s website for the 2045 General Plan (www.Atascadero2045.org) for forty-five (45) days, between April 20, 2026 and June 4, 2026; and WHEREAS, the City received a total of three (3) comments, comment letters, and emails relating to the 2045 General Plan and Zoning Code Update Draft EIR during the public review period; and WHEREAS, in compliance with CEQA Guidelines Section 15088, the City evaluated and responded to each of the comments received on the Draft EIR; and WHEREAS, the City has prepared the Final Environmental Impact Report (“Final EIR”) for the 2045 General Plan, which incorporates the Draft EIR, the City’s written responses to comments received on the Draft EIR, and revisions to the Draft EIR; and WHEREAS, the Final EIR was made available to the public and to all commenting agencies on August 12, 2026, which was at least 10 days prior to its certification, in compliance with Public Resources Code Section 21092.5(a); and WHEREAS, pursuant to CEQA Guidelines Section 15090, the lead agency shall certify that the Final EIR was prepared in compliance with CEQA, the lead agency’s decision-making body reviewed and considered the Final EIR prior to approving the project, and the Final EIR reflects the lead agency’s independent judgment and analysis; and WHEREAS, pursuant to CEQA Guidelines Section 15091, the City has prepared findings of fact regarding significant adverse environmental impacts that may result from approval and implementation of the 2045 General Plan and Zoning Code Update (“CEQA Findings”); and WHEREAS, pursuant to CEQA Guidelines Sections 15091 and 15093, the City has prepared a Statement of Overriding Considerations for environmental impacts that are expected to remain significant and unavoidable; and WHEREAS, pursuant to CEQA Guidelines Sections 15091 and 15097, the City has prepared a Mitigation Monitoring and Reporting Program (“MMRP”) for mitigation measures imposed to avoid or mitigate significant environmental impacts; and WHEREAS, under State law and the Atascadero Municipal Code, the Atascadero Planning Commission ("Planning Commission") is charged with reviewing updates and amendments to the City's General Plan, and making recommendations to the City Council; and WHEREAS, following notice duly provided as required by law, the Planning Commission held a public hearing on August 18, 2026 at which all interested parties were given an opportunity to comment on the 2045 General Plan, Final EIR, CEQA Findings of Fact, Statement of Overriding Considerations, and MMRP prior to the Planning Commission's recommendation to the Solvang City Council; and Docusign Envelope ID: D2748AA1-7019-879D-8383-C1F7D034F7D1 City of Atascadero Resolution No. 2026-064 Page 4 of 7 WHEREAS, during such duly noticed public hearing on August 18, 2026, the Planning Commission considered the 2045 General Plan, Final EIR, CEQA Findings of Fact, Statement of Overriding Considerations, and MMRP, all written and oral reports of City staff, and all comments by interested parties on the matter as reflected in the record prior to the Planning Commission’s recommendation to the Atascadero City Council; and WHEREAS, pursuant to Section 18706 of Title 2, Division 6, Chapter 7, Article 1 of the California Code of Regulations, due to financial conflicts of interests pursuant to the Political Reform Act (Government Code § 81000 et seq.) among one or more Commissioners, the Planning Commission segmented decisions regarding the Low Density Multifamily Land Use Designation, the Medium Density Multifamily Land Use Designation, and the Mixed Use Land Use Designation; and WHEREAS, Chairperson Anderson, Vice Chairperson Pennachio, Commissioner Ferrell, and Commissioner O’Malley recused themselves from consideration of the Low Density Multifamily Land Use Designation (Segment A) and Chairperson Anderson and Commissioner Jones recused themselves from consideration of the Medium Density Multifamily and Mixed Use Land Use Designations (Segment B); and WHEREAS, the Planning Commission approved Segments A and B in turn, with a random selection of Commissioners rejoining the Planning Commission’s consideration of Segments A and B to reach a quorum in accordance with the Rule of Necessity; and WHEREAS, for the remainder for the 2045 General Plan and corresponding CEQA recommendations, there were no conflicts of interest requiring recusal; all seven Commissioners were permitted to participate in the remaining recommendations to the City Council; and WHEREAS, after such duly noticed public hearing, the Planning Commission recommended the City Council certify the Final EIR and adopt the CEQA Findings, Statement of Overriding Considerations and the MMRP and adopt the 2045 General Plan; and WHEREAS, the 2045 General Plan and corresponding environmental review documents are now before the City Council for consideration, certification, and adoption; and WHEREAS, the City Council has reviewed the Final EIR, the CEQA Findings of Fact and the Statement of Overriding Considerations, and the MMRP; and WHEREAS, following notice duly provided as required by law, the City Council held a public hearing on September 22, 2026 at which all interested parties were given an opportunity to comment on the 2045 General Plan, Final EIR, CEQA Findings of Fact, Statement of Overriding Considerations, and MMRP prior to the City Council’s decision on the 2045 General Plan; and WHEREAS, during such duly noticed public hearing on September 22, 2026, the City Council considered the 2045 General Plan, Final EIR, CEQA Findings of Fact, Statement of Overriding Considerations, and MMRP, the Planning Commission’s recommendation, all written and oral reports of City staff, and all comments by interested parties on the matter, as reflected in the record, prior to the prior to the City Council’s decision on the 2045 General Plan; and Docusign Envelope ID: D2748AA1-7019-879D-8383-C1F7D034F7D1 City of Atascadero Resolution No. 2026-064 Page 5 of 7 WHEREAS, pursuant to Section 18706 of Title 2, Division 6, Chapter 7, Article 1 of the California Code of Regulations, due to financial conflicts of interests pursuant to the Political Reform Act (Government Code § 81000 et seq.) among one or more Council Members, the City Council segmented decisions regarding the Low Density Multifamily Land Use Designation and Medium Density Multifamily Land Use Designation and the Mixed Use Land Use Designation; and WHEREAS, Council Members Newsom and Peek recused themselves from consideration of the Low Density Multifamily Land Use Designation and Medium Density Multifamily Land Use Designation and Council Member Peek recused himself from consideration of the Mixed Use Land Use Designation; and WHEREAS, for the remainder of the 2045 General Plan and corresponding CEQA certification and adoption, there were no conflicts of interest requiring recusal; all five Council Members were permitted to participate in the remaining decisions; and WHEREAS, on September 22, 2026, the City Council adopted Resolution No. 2026-063 and thereby certified the Final EIR for the 2045 General Plan and Zoning Code Update project and adopted the corresponding CEQA Findings of Fact, Statement of Overriding Considerations and MMRP. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. The Recitals set forth above are true and correct and are incorporated herein and adopted as findings in support of this Resolution. SECTION 2. The City Council hereby finds: 1. The City has prepared a Final EIR for the 2045 General Plan and Zoning Code Update representing the City’s independent judgement and analysis and prepared CEQA Findings of Fact, Statement of Overriding Considerations, and a MMRP. 2. Prior to the City Council’s determination on the 2045 General Plan, on September 22, 2026, the City Council adopted Resolution No. 2026-063 and thereby certified the Final Environmental Impact Report for the 2045 General Plan and Zoning Code Update project and adopted the corresponding CEQA Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program and thereby satisfied its obligation as lead agency under CEQA. 3. The MMRP for the Project was developed in order to mitigate or avoid significant effects on the environment, and further, the MMRP is hereby adopted and made enforceable as part of the adoption of the 2045 General Plan by the City Council. SECTION 3. The City Council hereby finds that: 1. The 2045 General Plan and all its elements comprise a comprehensive, long-range, internally consistent statement of the City's goals, policies, and actions relating Land Docusign Envelope ID: D2748AA1-7019-879D-8383-C1F7D034F7D1 City of Atascadero Resolution No. 2026-064 Page 6 of 7 Use and Community Form, Economic Development, Mobility, Recreation and Open Space, Public Services and Infrastructure, and Safety and Emergency Preparedness. 2. The Land Use and Community Form, Economic Development, Mobility, Recreation and Open Space, Public Services and Infrastructure, and Safety and Emergency Preparedness chapters of the 2045 General Plan, and the previously adopted Housing Element, include the elements required by Government Code section 65302. 3. The 2045 General Plan will promote the public health, safety, and welfare of the City's residents by establishing goals, policies, and actions to guide the City's future growth and development within the City's Planning Area. 4. The Land Use and Community Form, Economic Development, Mobility, Recreation and Open Space, Public Services and Infrastructure, and Safety and Emergency Preparedness chapters of the 2045 General Plan have all been prepared in conformance with applicable State planning and zoning laws, including but not limited to Government Code Section 65302. SECTION 4. In accordance with Section 18706 of Title 2, Division 6, Chapter 7, Article 1 of the California Code of Regulations, the City Council segmented decisions regarding certain land use re-designations proposed by the 2045 General Plan in which one or more Council Members had a financial interest pursuant to the Political Reform Act (Government Code § 81000 et seq.). Based on the aforementioned findings and all the evidence in the record, the City Council, pursuant to the following votes, hereby adopts the following as part of the 2045 General Plan: 1. Low Density Multifamily and Medium Density Multifamily Land Use Designation. Due to a conflict of interest, Council Members Newsom and Peek recused themselves from consideration of the Low Density Multifamily Land Use Designation and the Medium Density Multifamily Land Use Designation. The remaining present Council Members voted 3:0 to designate properties Low Density Multifamily and Medium Density Multifamily in accordance with the 2045 General Plan, as shown in Exhibit A. 2. Mixed Use Land Use Designation. Due to a conflict of interest, Council Member Peek recused himself from consideration of the Mixed Use Land Use Designation. The remaining present Council Members voted 3:0 to designate properties Mixed Use in accordance with the 2045 General Plan, as shown in Exhibit A. SECTION 5. Based on the foregoing and all the evidence in the record, and in accordance with the segmented decisions approved in Section 4 of this Resolution, the City Council hereby adopts the 2045 General Plan, which for the purposes of this recommendation consists of the following elements: Land Use and Community Form, Economic Development, Mobility, Recreation and Open Space, Public Services and Infrastructure, and Safety and Emergency Preparedness, in substantial form as attached hereto as Exhibit A. SECTION 6. This Resolution is effective thirty (30) days after its adoption. Docusign Envelope ID: D2748AA1-7019-879D-8383-C1F7D034F7D1 City of Atascadero Resolution No. 2026-064 Page 7 of 7 PASSED AND ADOPTED at a regular meeting of the City Council held on the 22nd day of September, 2026. On motion by Council Member Funk and seconded by Mayor Pro Tem Dariz the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Member Funk, Newsom, Peek, Mayor Pro Tem Dariz, Mayor Bourbeau NOES: None ABSENT: None ABSTAIN: None CITY OF ATASCADERO: ______________________ Charles Bourbeau, Mayor ATTEST: _______________________ Lara K. Henderson, City Clerk Docusign Envelope ID: D2748AA1-7019-879D-8383-C1F7D034F7D1