HomeMy WebLinkAboutResolution 63-96 RESOLUTION NO. 63-96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
ADOPTING FINDINGS OF UPHOLDING THE APPEAL OF
A LAND USE DETERMINATION FOR 5680 EL CAMINO REAL
WHEREAS, The ("property") owners of 5680 EI Camino Real have appealed to
the City Council City staff's land use determination upon said property; and
WHEREAS, City staff's determination was that the proposed use of the
property as an auto body repair facility is not an allowed use in the downtown
commercial zone; and
WHEREAS, The City Council has heard and considered all testimony and
evidence submitted at the hearing on this appeal;
NOW, THEREFORE, The City Council of the City of Atascadero resolves to find
the following:
1. The recitals above are true and correct.
2. The appeal was filed and heard in accord with City and state laws.
3. The proposed use of the property as an auto body repair facility is not
an allowable use or a conditional use under the City's current zoning for
this property, Downtown Commercial (AMC §9-3.271 through 9-
3.276).
4. The proposed use of the property as an auto body repair facility is a
legal non-conforming use of the property. The factual basis for this
finding is as follows:
a. Up to November of 1985, the property was occupied by Atasca-
dero Ford and used as a new vehicle sales and repair facility as a
legal use.
b. The automobile repair use was continued by the subsequent
users of this property, without abandonment. The subsequent
users were "Sharp Motors" (1985), AAMCO Transmission
(1986-88), American Classics (1989-present).
5. The legal non-conforming use must meet all requirements for such use.
Resolution No, 63-96
Page 2
ON MOTION BY Councilmember Johnson seconded by Councilmember
Carden , the foregoing resolution is hereby adopted on the following roll-call vote:
AYES: Councilmembers Bewley, Carden and Johnson
NOES: Luna and Highland
ABSENT: None
ADOPTED: August 13, 1996 C T O A S ADERO
By:
AT RAY JO NS N, Ma or Pro Tem
LEE PRI E, City C erk
APPROVED AS TO FORM:
1
AR ER R. TA D N, City Attorney