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HomeMy WebLinkAboutResolution 2021-054P" RESOLUTION NO. 2021-054 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, REVERSING THE PLANNING COMMISSION'S ACTION AND DENYING A CONDITIONAL USE PERMIT TO ESTABLISH A MINI -STORAGE FACILITY LOCATED AT 11450 VIEJO CAMINO AND 11505 EL CAMINO REAL DOVE CREEK MINI -STORAGE NEWTON (DEV20-0076) WHEREAS, an application has been received from Scott Newton (215 Santa Fe, Pismo Beach, California 93449), Owner and Applicant, to consider Planning Application DEV20-0076, for a Conditional Use Permit for a mini -storage use on a 2.4 -acre site located at 11450 Viejo Camino and 11505 El Camino Real, Atascadero, CA 93422 (APNs 045-342-009 and 045-342-010); and WHEREAS, the site's current General Plan Land Use Designation is Public Facilities (PUB); and WHEREAS, the site's current Zoning District is Public (P); and WHEREAS, a mini -storage use is a conditionally allowed use in the Public (P) zoning district, when it can be found to be compatible with the site and setting; and WHEREAS, the project was reviewed by the Design Review Committee at their regularly scheduled meeting on November 18, 2020; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject conditional use permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said use permit; and WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on April 20, 2021 and continued on May 4, 2021, studied and considered the proposed use permit for a mini -storage development; and WHEREAS, the Planning Commission of the City of Atascadero approved the project on a 4-3 vote at the May 4, 2021 hearing; and WHEREAS, two appeals were filed for review of the Planning Commission action by the City Council, one on May 6, 2021 and one on May 7, 2021 in accordance with the provisions of Atascadero Municipal Code Section 9-1.111; and City of Atascadero Resolution No. 2021-054 Page 2 of 3 WHEREAS, the City Council held a duly noticed public hearing to consider the appeals I on June 9, 2021 at 6:00 p.m. in accordance with the provisions of Atascadero Municipal Code Section 9-1.110 and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The City Council of the City of Atascadero, in a special session assembled on June 9, 2021, resolved to reverse the Planning Commission's action to approve a conditional use permit for a mini -storage facility. SECTION 3. Findings. The City Council makes the following findings and determinations with respect to the Conditional Use Permit: A. Findings for Denial of a Conditional Use Permit FINDING: The proposed project or use will be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. FACT: The proposed mini -storage use is surrounded primarily by residential, parkland, child-care facilities, churches, and a seasonal creek. A mini -storage project and use is incompatible with the surrounding neighborhood and is a departure from the established land use pattern. It is also contrary to the orderly development of the immediate neighborhood SECTION 4. CEQA. An initial study was prepared for the proposed project at which time mitigation measures were identified to reduce the impacts to a less than significant level. A Draft Mitigated Negative Declaration was posted for public review in accordance with CEQA and was certified by Planning Commission at a Public Hearing held on May 4, 2021. SECTION S. Denial. The City Council of the City of Atascadero, in a special session assembled on June 9, 2021, resolved to reverse the Planning Commission's action and deny a Conditional Use Permit for a mini -storage facility. n City of Atascadero Resolution No. 2021-054 Page 3 of 3 PASSED AND ADOPTED at a regular meeting of the City Council held on the 9th day of June, 2021. On motion by Council Member Funk and seconded by Mayor Pro Tem Newsom, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Funk, Newsom, and Mayor Moreno NOES: Council Members Bourbeau and Dariz ABSENT: None ADOPTED: None CI"('Y OF ATYA,SCAD E� R�JO�� Heather oreno, Mayor T:n,--� �&W® r&ist&jiVQ,. C Clerk APPROVED AS TO FORM: & pt� Brian Pierik, City Attorney