The URL can be used to link to this page

Home My WebLink AboutResolution 2012-001 RESOLUTION NO. 2012-001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO UPHOLDING THE PLANNING COMMISSIONS APPROVAL OF PLN 2007-1190 / CONDITIONAL USE PERMIT 2007-0203 AT APN 054-272-025 9525 GALLIANA COURT (V RAJICH) WHEREAS, an application has been received from Ruth and Milan Vrajich, 9525 Gallina Court, Atascadero, CA 93422, (Owner and Applicant) to consider an Amendment to PLN 2007-1190/Conditional Use Permit 2007-0203 to allow up to 15 clients at an existing residential care facility at the site of an existing 10-client facility at 9525 Gallina Court (APN 054-272-025); and, WHEREAS, the site's current General Plan Designation is Rural Estate (RE); and. WHEREAS, the site's current zoning district is Residential Suburban (RS); and, WHEREAS, Residential Care Facilities sen mg 6 or more clients is a Conditional Use in the RS Zone; and, r WHEREAS,the facility is currently approved for a maximum of 10 clients; and, WHEREAS, the project is Class 1 Categorically Exempt for Infill Projects in accordance with the Califomia Environmental Quality Act (C'EQA); 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 application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on December 6, 2011. approved the Conditional Use Permit 2007-0203, after first studying and considering the testimony and the environmental determination prepared for the project, and, WHEREAS, an appeal of the project was received within the 14 day project appeal period by Pat Stone, property owner at 9520 Gallina Court. and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on January 10, 2012, studied and considered the Conditional Use Permit 2007-0203, after first studying and considering the materials prepared for the project, and, r City of Atascadero Resolution No.2012-001 Page 2 of 8 NOW, THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings upholding Planning Commission's approval of an amendment to Conditional Use Permit 2007-0203. The City Council finds as follows 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment. and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons 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, d. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and. 5. That the proposed use or project 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 "cold result from full development in accordance r with the Land Use Element. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on January, 10, 2012, resolved to uphold the Planning Commission's approval of an amendment to Conditional Use Permit 2007-0203 subject to the following EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Floor Plan EXHIBIT D: Parking Areas r City of Ataseadero Resolution No. 2012-001 Page 3 of 8 On motion by Council Member Clay and seconded by Council Member O'Malley, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Clay, Fonzi, O'Malley, Sturtevant and Mayor Kelley NOES: Nona ABSENT: None ADOPTED: January 10, 2012 CITY OF ATASCADERO Bv: Bob Kelley, Mayot ATTEST Yy�vl Marcia McClure Torgerson. CTLC., Cit Jerk lir APPROVE" TO FORT : Brian A. Pierik, City Attorney r City of Atascadero Resolution No. 2012-001 Page 4 of 8 E%X1617 A: Contlitions of Approval Visa, Conditions of Approval Timing Responsibility Mitigation PLN 2007-1190 Amendment Bl B— /Monitoring Measure CUP 2007-0203 'v,F ^+Ps nao�� s�.xa aP NP Bu,W,y P—r BSkirN S— F1 Fua'impxmo FO Fl, 9525 Gai/ina Cf M Tempxav m Pare oew.nem a Vw CE C'E,� FO FM cow ws¢w2a ROg3ry FM CA CMFIbneY Fnd y Planning Department Standard Conditions 1 This Conditional Use Permit shall be fora 10 Gient 15-client FO PS residential care facility located at 9525 Gallus Ct(APN 054-272- 025)regardless of owner 2 The approval of this Use Permit shall become final and effective BP PS forthe purposes of issuing building permits fourteen(14)days following the Planning Commission approval unless poor to the time,an appeal to the decision Is filed as set forth in Section 9- 1 111(b)of the Zoning Ordinance 3 The Community Development Department shall have the authority BP PS,CE to approve the following minor changes to the project that(1) modify the site plan project by less than 10%,(2)result in a i supenor site design or appearance,and/or(3)address a construction design issue that is not substantive to the Master Plan of Development The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council 4 Discontinuance and re-establishment of this use shall be BP PS governed by the Atascadero Municipal Code non-conforming use provisions section 9-7.107. 5 The applicant shall defend,indemnity,and hold harmless the City Ongoing of Atascadero or its agents,officers,and employees against any claim or action brought to challenge an approval by the City,or any of its entities,concerning the subdivision Planning Department Specific Conditions 6 The facihly shall meet or exceed all standards as regwred by the Ongoing BS/FD N4C California Building Code(CBC)and any superseding local ordinances related to building safety and/or fire codes and regulations 7. Th npr t h II 't parkin t pl v es and visitors On oin BS/FD only Residents f the care facility will not be allowed to store or park vehicles on the premise.Applicant shall properly maintain off-street parking areas as shown In Exhibit D rr City of Atascadero Resolution No. 2012-001 Page 5 of 8 r Public Works Project Conditions 8. Provide verification from a licensed Civil Engineer stat BP BS that the epf to is de ' d d cap bl t h ndle the eight bedrooms proposed If the cu f s ste t large enough a new system must be engineered and permitted prior to an increase in clients, 9 Show the 100%reserve leach field area on the I w'th a BP BS note stating that structures cannot be built ove wAbi eight feet of the reserve area The size fth a's based on the size needed for oto 8 6 d o s. City of Atascadero Resolution No. 2012-001 Page 6 of 8 EXHIBIT B:Site Plan am � I�uv � rn �• C nlf N O � U O pi V Z 1 fl pi _ s � N 01 N M _ r V 1 O I N 1 N R a N ILL I\ m o v M� o`� tirn UN NO 00 . QN2V' � I n y 1 N N N d \ UCO00 000 OO p�tr.t� Jam_ W N Cln U O O S ON dww 1 r City of Atascadero Resolution No. 2012-001 Page 7 of 8 EXHIBIT Q Floor Plan RECEIVED COMMONa OEVMPMENTj r r Yt a " M y P. G Proposed new bedrooms . (conversion of"common area,,) o - o t c o v 0 0 t c s >. c c a « w J Y Y I. City of Atascadero Resolution No. 2012-001 Page 8 of 8 EXHIBIT B:Parking Area WIN t` 5 Parking Spaces � l 3' 2 Parking Specea 3 Parking Spaces 1 h Bill,