HomeMy WebLinkAboutResolution 88-92 RESOLUTION NO. 88-92
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO AMENDING PLANNING DIVISION FEES
BY ESTABLISHING FEES FOR ADMINISTRATIVE USE PERMITS
WHEREAS, the Government Code provides that fees may be collected to
cover the cost of administering permit activity; and
WHEREAS, it is appropriate to establish fees which cover the cost
of providing services requested; and
WHEREAS, the City Council, at their meeting of September 8, 1992
and September 22, 1992, amended the Atascadero Municipal Code by
the adoption of Ordinance No. 256 which provides a simplified
process for considering Administrative Use Permits, including
adjustments and sign permits; and
WHEREAS, there are presently no provisions in the Planning Division
Fee Resolution for this new type of entitlement.
NOW, THEREFORE, be it resolved by the City Council of the City of
Atascadero:
1) Resolution No. 47-91 is hereby modified to establish new
Planning Division fees as follows:
Administrative Use Permits: $150
2) These new fees shall be effective immediately upon adoption.
ON MOTION BY Councilperson Borgeson and seconded by Councilperson
Luna, the foregoing resolution is hereby adopted in its entirety by
the following roll call vote:
AYES: Councilmembers Bewley, Borgeson, Kudlac, Luna and Mayor
Nimmo
NOES: None
ABSENT: None
ADOPTED: September 22, 1992
ATTEST: CITY OF ATASCADERO i
By.
LE RABOIN, ity ,Clerk ROBERT P. NIMMO, Mayor
Resolution No. 88-92
Page 2
APPROVED AS TO FORM:
ARTH R M NTAN N, C ty A orney
APPROVED AS TO CONTENT:
HENRY ENGEN Comm 'ty
Development Director
Resolution No. 88-92
EXHIBIT "A"
9-1.112. Administrative Use Permit:
An Administrative Use Permit is intended to allow for public review
of land use proposals which are not of sufficient magnitude or
complexity to warrant a Planning Commission hearing, but which
could have a noticeable impact in the neighborhood. It provides
flexibility in the regulation of certain standards set forth in
Chapters 9-4, 9-6 and 9-15 of this ordinance. This procedure
ensures public review of proposed uses so that they will be
compatible with existing or desired conditions in their
neighborhoods.
When Allowed: When a standard of Chapter 9-4, 9-6 or 9-15
identifies specific circumstances under whichreduction or
modification of the standards may be appropriate, an applicant may
make application for an Administrative Use Permit.
Applications An Administrative Use Permit application shall be
filed with the Community Development Department as an attachment to
its respective project application, and shall include appropriate
supporting materials. Supporting materials shall include, but not
be limited to, a plot plan, written description of activities
proposed, rationale for relaxation or modification of the
applicable standard, and mailing labels with the names and
addresses for all property owners located within three hundred feet
(300' ) of the subject property. The Hearing Officer may require
additional information as necessary.
Processing: The Community Development Department Hearing Officer
shall hold a public hearing to review whether findings can be made
to approve the application. Notice of the hearing shall be given
to adjacent property owners as provided in Section 9-1.110.
Approval of the application may be made contingent upon conditions
of approval. The applicant, or any aggrieved party, may appeal the
Hearing Officer' s decision and/or conditions of approval to the
Planning Commission. The Hearing Officer's decisions shall be
final unless appealed as provided in Section 9-1. 111 of this Title.
An additional fee shall not be charged if the application for
administrative use permit is considered in conjunction with a Plot
Plan, Precise Plan or Conditional Use Permit.
Resolution No. 88-92
EXHIBIT "A"
Findings for Approval: An Administrative Use Permit shall be
approved only if the following Findings are made in the affirmative
by the Hearing Officer:
(a) Modification of the applicable standard will not result
in a project that is inconsistent with the General Plan;
and
(b) Modification of the applicable standard will not result
in a project that is inconsistent with the character of
the immediate neighborhood or contrary to its orderly
development; and
(c) Modification of the applicable standard will not result
in a project that is not in compliance with any pertinent
City policy or criteria adopted by ordinance or
resolution of the City Council; and
(d) Modification of the applicable standard will not result
in the authorization of a use not otherwise allowed; and
(e) Any other findings deemed necessary.