HomeMy WebLinkAbout2006-023 RESOLUTION NO 2006-023
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO GRANTING AN APPEAL OF A
CONDITIONAL USE PERMIT
WITH MODIFIED CONDITIONS OF APPROVAL FOR PROJECT
ACCESS LOCATED AT 6135 SAN ANSELMO ROAD
(RECONSIDERATION OF CUP 2000-0022, JIM SHORES)
WHEREAS, an appeal of the Planning Commission's action approving a
Reconsideration for Conditional Use permit 2000-0022, with modified conditions of approval
has been received from jerry Clay, Sr , 7285 Sycamore Road, Atascadero, California, 93422,
and,
WHEREAS, the reconsideration of Conditional Use Permit was requested to allow for a
third ingress/egress and installation of a shade structure over the vacuum stations, and,
WHEREAS, the project, as currently developed is inconsistent with the approved Master
Plan of Development (CUP 2000-0022), and,
WHEREAS, the Planning Commission adopted modified conditions of approval to bring
the project into compliance with the scope and intent of the approved Master Plan Development
(CUP 2000-0022), and,
WHEREAS, the Project has been operating under a Temporary Certificate of Occupancy
since September 25, 2003, at which time the Project Owner was notified that the Master Plan of
Development was inconsistent with the conditions of approval and would need to be brought into
compliance prior to issuance of a Final Certificate of Occupancy; and,
WHEREAS, the site is located within the General Commercial (GC) land use
designation of the City of Atascadero's General Plan land Use Diagram, and,
WHEREAS, the proposed project site is located in the Commercial Tourist (CT) zoning
district; and,
WHEREAS, the Planning Commission reviewed the Reconsideration of Conditional Use
permit 2000-0022 application on November 1, 2005, at 7 00 p.m. and considered testimony and
reports from staff, the applicant, and the public, and,
WHEREAS, the Planning Commission adopted PC Resolution 2005-0078 (attached
hereto and incorporated herein as Exhibit A), approving the Reconsideration of Conditional Use
permit 2000-0022 with modified conditions of approval, and
WHEREAS, an appeal of the Planning Commission's action, in regards to the modified
condition of approval requiring the removal of third point of ingress/egress for the project has
been filed, and,
WHEREAS, the City Council reviewed the appeal of the Planning Commission action
on January 24, 2006 at 7 00 p.m. in the Council Chambers located at 6907 El Camino Real and
considered testimony and reports from staff, the appellant, and the public, and,
NOW, THEREFORE, the City Council takes the following actions
SECTION 1 Grant of Appeal. The City Council grants the appeal of Conditional Use
Permit 2000-0022, with modified conditions of approval and finds as follows
Applicants shall pay a mitigation fee of$15,000 00 to address site
development inconsistencies.
SECTION 2. Findings for Granting of the Appeal. The City Council finds as follows.
1 The modified conditions of approval are consistent with the Master Plan of
Development, CUP 2000-0022, and,
2. The proposed project, as conditioned, is consistent with the General Plan, and,
3 The proposed project, as conditioned, satisfies all applicable provisions of the Zoning
Ordinance, and,
4 The establishment and subsequent operation or conduct of the use will not, because of
the circumstances and conditions applied in this particular case, be detrimental to the
health, safety, or welfare of the general public or people residing or working in the
neighborhood of the use, or be detrimental or injurious to property or improvements
in the vicinity of the use; and,
5 The proposed project, as amended and conditioned, will not be inconsistent with the
character of the immediate neighborhood or contrary to its orderly development; and,
6 The proposed project, as amended and conditioned, will not generate a volume of
traffic beyond the safe capacity of all roads providing access to the project, either
existing or to be improved in conjunction with the project, or beyond the normal
traffic volume of the surrounding neighborhood that would result from the full
development in accordance with the Land Use Element.
On motion by Council Member Scalise and seconded by Council Member Clay, the foregoing
resolution is hereby adopted in its entirety by the following roll call vote
AYES Council Members Clay and Scalise and Mayor O'Malley
NOES Council Members Luna and Pacas
ABSENT None
ABSTAIN None
ADOPTED March 28, 2006
CITY OF ATASCADERO
j
f
Tom'61QIalley, Mayor;
Attest:
L
Marcia McClure Torgerson, C M.0 ,
City Clerk
APPROVED AS TO FORM
4
Patrick Erirrg`t,trty Attorney