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HomeMy WebLinkAboutResolution 14-79 RESOLUTION NO, 14-79 ' RESOLUTION RELATIVE TO THE GRANTING OF A CONDITIONAL USE PERMIT T H E C I T Y C 0 U N C I L City of Atascadero, California WHEREAS, the County Planning Commission of the County of San ' Luis Obispo, State of California, did, on the 28th day of June, 1979, consider the application of ROBERT F. STUHR (U790426s1) for a Conditional Use Permit to allow the conversion of an existing 44- unit elderly housing project to general apartment use located at 5525 Capistrano Avenue on the southeast corner of Capistrano Avenue and Country Club Drive, being a portion of Lot 5, Life Residence ' Park, Atascadero, Assessor's Parcel Number 29-105--10, County of San Luis Obispo, State of California. WHEREAS, the Planning Commission, after considering the facts ' relating to said application, did find that the establishment, maintenance, and/or conducting of the use for which the Conditional Use Permit is sought will not under the circumstances and conditions ' applied in this particular case, be detrimental to the health, safety, or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances and conditions applied in this particular case, be detrimental to the public welfare, in- jurious to property or improvements in said neighborhood, nor shall be inconsistent with the character of the neighborhood or contrary to its orderly development nor shall conditions created by the use be inordinate to the normal traffic volume, and therefore did recommend that this Council grant said Use Permit subject to the conditions as hereinafter set forth. ' WHEREAS, the Planning Commission has, in recommending this Conditional Use Permit, made the findings set forth in Exhibit A attached hereto. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Atascadero, State of California, in a regular meeting assembled on the 27th day of August, 1979, does hereby grant the aforesaid Use Permit, incorporating the findings of the Planning Commission and subject to the conditions set forth .in Exhibit A attached hereto. If the use authorized by any Conditional Use Permit or modifi- cation has not been established or if substantial work on the property towards the establishment of the use is not in progress after a period of twelve (12) months from the date of such authorization or such other time period as may be designated in the Conditional Use Permit or the conditions have not been met, said Conditional Use Permit or modifications shall become null and void and of no effect. Resolution No. 14-79 Page Two The Planning Commission may extend the Conditional Use Permit ' for additional periods of six (6) months if for reasons, beyond the control of the applicant the use had not been established. A written request to extend the date and sufficientevidence showing the appli- cant' s inability to comply must be filed with the Planning Department ten (10) days prior to the expiration date of the Conditional Use Permit. ' If the use authorized by any Conditional Use Permit or modifica- tion once estabished, is or has been unused, abandoned, discontinued, or has ceased for a period of six (6) months or conditions have not been complied with, said Conditional Use Permit or modification shall become null and void and have no effect. On motion by Councilman Stover and seconded by Mayor Wilkins , the foregoing resolution is hereby adopted in its entirey on the following roll call vote AXES: Councilman Stover and Mayor Wilkins I NOES: Councilman Mackey ' ABSENT: Councilmen Highland and Nelson ADOPTED: August 27, 1979 i ROBERT J. WILKT S, r. , Mayor ATTEST: Y L. ARDEN, City Chex.. .r'inai.ngs 1 EXHIBIT-A A. Due to its d and construction in accnce with HUD standards, the project will continue t help satisfy the community need for low and moderate income housing after conversion to general apartment use because occupants eligible for rent subsidy programs can still_ be accommodated. B. Use of the existing access directly to 'Capistrano Avenue and expanding the on-site parking as recommended ' will offset the potential effect of the increased = - vehicle use represented by converting the project to general apartment use. C. The project will continue. to be -compatible with the surrounding land uses and will continue to not have a significant detrimental effect on the neighboring single family residences due to the presence of the open space buffer along the northerly edge of the site. D. The proposed project is consistent with the mandatory findings set forth in Section 22. 92.080(1) of the County Zoning Ordinance. ' Conditions: 1. Site development and landscaping to be consistent with the new approved site and landscaping plans. 2. Provide a minimum of 66 total off-street parking spaces. within 90 days of the date of final approval of this Conditional Use Permit . Vehicle parking and access areas shall be paved with a minimum of two inches of A.C. over rock base; individual parking spaces shall ' be paint-striped or otherwise indicated, and provided with concrete wheel stops or approved functional equivalent . Paved areas shall be permanently maintained. 3. Submit a letter from Cal Trans for Planning Department review and approval indicating the expiration date of the temporary construction easement on the eastern edge of the site and/or approval of the installation thereon of the required additional parking spaces. 4. Obtain a completed and fully recorded Lot Line Adjustment as required by the property exchange agreement with the County within one year from the date of final approval of this Conditional Use Permit . 5. The street improvements on Country Club Drive which were required by Condition No. 3a of Conditional Use Permit U750204:2 shall not be installed and said requirement is hereby deleted. 6. Install concrete curb gutter, and sidewalk along the entire Capistrano Avenue frontage of the site under ' an inspection agreement and encroachment permit issued by the County Engineering Department , unless waived by said Department on the basis' of incompatible grade. If required, said improvements to be installed or bonded for ' within 90 days of the date of final approval of this Conditional Use Permit .