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HomeMy WebLinkAboutResolution 15-81 1 1 RESOLUTION NO. 15-81 A RESOLUTION OF THE ATASCADERO CITY COUNCIL DENYING GENERAL PLAN AMENDMENT GP 810325:2 CONCERNING A REQUESTED CHANGE IN LAND USE DESIGNATION FROM MODERATE DENSITY SINGLE FAMILY RESIDENTIAL TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL FOR A CERTAIN PROPERTY LOCATED AT 7565 SOMBRILLA (LOT 3 of BLOCK E) WHEREAS, the Atascadero City Council conducted a public hearing on the subject application filed by Helen Walley; and, WHEREAS, lot sizes established under prior general plans and zoning ordinances are not, in and of themselves, sufficient to warrant the requested change in land use designation; and, WHEREAS, consideration of only" the subject property is inappropriate and would reduce the scope and importance of general plan principles intended to govern comprehensive rather than piecemeal land use problems; and, WHEREAS, the potential cumulative effects of changes such as is proposed could dictate comprehensive review of major general plan policies and proposals. NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council does hereby deny General Plan Amendment GP 810325: 2 concerning a requested change in land use designation from 1 Moderate Density Single Family Residential to High Density Single Family Residential for a certain property located at 7565 Sombrilla. l NOW, THEREFORE, BE IT RESOLVED that the subject property and surrounding area be reconsidered with the next scheduled 1 General Plan review cycle after further study of existing lot sizes: in this and similar areas where only a few remaining lots exceed established minimum lot sizes. On motion by Councilman Mackey and seconded by Council- man Highland , the foregoing resolution is hereby adopted in its entirety on the following vote: Page Two RESOLUTION NO, 15-81 AYES: Councilmen Highland, Mackey, Nelson and Mayor Wilkins NOES: None ABSTAIN: None ABSENT: Councilman Stover DATE ADOPTED: June 8 , 1981 i _ c T-0-BERT J, WILKINS, JR. , naor ATTEST: M RAY . WARDEN, ty Clerk APPROVED AS TO FORM t ALLEN GRIMES, City Attorney RESOLUTION NO. 16-81 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING, SUBJECT TO CERTAIN CONDITIONS, DEPART- MENTAL REVIEW R810330 :1 ALLOWING CONVERSION OF AN EXISTING SINGLE FAMILY RESIDENCE TO A COMMERCIAL OFFICE AT 8375 MORRO ROAD (LOT 12, BLOCK EC, ATASCADERO COLONY) , WHEREAS , the City Council conducted a hearing on the appeal by David McMillan of conditions of approval set forth by the Planning Commission in the above-referenced matter; and, WHEREAS, the findings adopted by the Planning Commission in granting approval of this application are as follows : 1 . The site of the proposed commercial office use can be adequate in size and shape to accommodate said use and all yards, fencing, parking, landscaping and other fea- tures required by the Atascadero Municipal Code. 2 . Streets in the vicinity of the proposed use are adequate to carry the quantity and kind of traffic generated. 3. The proposed use will have no adverse effect on abutting property or the permitted use thereof provided that there ' is participation in any solution conceived concerning the drainage moratorium. 4 . The establishment and conduct of the commercial office for which the Departmental Review is sought will not be detrimental to the public welfare or be injurious to property or improvements in said neighborhood. 5 . The project will not have a significant adverse effect upon the environment provided appropriate mitigation measures are introduced; and, WHEREAS, the following findings are deemed appropriate in conjunction with this application: 1. The construction of parking and curb and gutter improve- ments shall be deferred pending area-wide drainage studies ' in order to avoid adverse effects thereon. 2 . The anticipated frequency of pedestrian traffic in the ' area is .not sufficient to warrant sidewalks along Amapoa where the intended commercial use will be primarily oriented to Morro Road. I� Page Two Resolution No. 16-81 3 . Commercial property fronting on Morro Road should not be restricted from using local streets such as Amapoa as a secondary access . WHEREAS, the establishment of conditions to implement the above findings and to assure compliance with applicable development standards is necessary. NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council does hereby approve Departmental Review R810330 :1 allowing conversion of an existing single family residence to a commercial office at 8375 Morro Road (Lot 12, Block EC, Atascadero Colony) , subject to the certain conditions: ' A) Issuance of a Conditional Negative Declaration: 1. Adequate provision shall be made for drainage in conjunction with future improvements. B) Approval of Departmental Review: t1. No new structures nor structural additions to any existing structures shall be allowed until such time as the drainage moratorium is no longer in effect and the restriction on issuance of building permits for new structures is lifted. 2 . The property owner shall enter into an agreement with the City to waive his right to refuse to partipate in a future assessment district, or similar joining parti- cipation effort, should one be formed to solve the area-wide drainage problem. Said agreement shall run with the land and remain in effect for a period not to exceed three years. 3 Submit two copies of detailed landscaping and irriga- tiontion plans indicating size, type and spacing of plant materials pr4poa-ed for review and approved by the �. Planning Department prior to issuance of building permit. a) Existing, poorly maintained planted area shall be upgraded to improve the appearance of the property from Morro Road and effort shall be directed towards maintaining landscaping effect which minimizes the visual appearance of the parking and access areas. b) New plant materials shall be sized to achieve a mature appearance in three years . 0 r Page Three Resolution No. 16-81 c) The type of irrigation system used shall depend upon the plant materials used and their watering needs. 4. Any additions or changes to the exterior finish of existing structures may be permitted in an effort to upgrade and improve the general appearance of the structures from Morro Road. Elevations indicating proposed materials and colors of exterior finish modifications shall be submitted for approval by the Planning Department prior to issuance of building permit. a) Any roof-mounted mechanical equipment shall be ' screened from view from adjacent streets and properties in .a manner approved by the Planning Department. 5 . Provide for a minimum of five (5) parking spaces. The existing driveway from Morro Road is _acceptable for two-way use at 17 feet in width.. Submit parking plan layout for review and approval by the Planning Depart- ment prior to issuance of building permit. a) Vehicle parking and access areas shall be paved with two inches AC over rock base; individual parking spaces shall be paint-striped or otherwise ' indicated and provided with wheel stops or other approved functional equivalents. These improve- ments may be deferred for a period of time not to exceed eighteen (18) months, unless an extension. is granted by the Planning Department pursuant to a written request prior to the expiration date, by the posting of a bond, certificate of deposit or similar acceptable guarantee to assure said installation with the amount to be approved by the Planning Department. 6. Onsite signing shall be limited to an aggregate area of 20 square feet not to exceed the height of the building unless a Conditional Use Permit has been obtained. All signing' to be reviewed and approved by the Planning Department prior to issuance of a building or sign permit. a) The overall size, color, and materials of all signs, including wall mounted signs, shall be indicated. Submit complete plans and elevations with proper dimensions for approval. r 0 Page Four Resolution No. 16-81 7. At the time of parking and curb and gutter improve- ments, submit two sets of drainage plans indicating grade of buildings, proposed pavement elevations , flow lines at property boundaries, etc. for review and approval by the City Public Works and Planning De- partments prior to issuance of a building permit. If so required by the said Departments, plans shall be prepared by a Registered Civil Engineer. 8 . Any lighting standards or fixtures ,shall not project above the roof and shall be designed to minimize on-site and off-site glare and shall be subject to review and approval by the Planning Department. 9 . The applicant shall obtain a Change of Occupancy permit from the Planning Department and shall sub- sequently obtain a building permit to comply with all requirements applicable to Group B-2 occupancies. In conjunction therewith, site and building plans shall also be approved by the Atascadero Fire Department. 1 10. Removal of any trees is not approved at this time; future removal of trees shall be subject to first obtaining a tree removal permit per procedures specified in Title 19 of the Atascadero Municipal Code. ' 11. Use of the guest house/cottage behind the single family dwelling shall be restricted for use as storage only. Conversion to office use may be subject to increased parking and other requirements. 12 . Thero 'ect shall be connected to the community p J Y sewer. Verification shall be submitted from the Atascadero Sanitation District. In the event that the property is not connected to the sewer, connec- tion shall be made and septic system abandoned prior to establishing the office use. 13 . Install concrete curb and gutter along the Amapoa frontage of the subject property as required by Title 19 of the Atascadero Municipal Code. Said improvements to be constructed under an inspection agreement and encroachment permit issued by the Public Works Department. a) These improvements may be deferred for a period of time not to exceed eighteen (18) months, unless an extension is granted by the Planning Department pursuant to a written request prior to the expi- ration date, by the posting of a bond, certificate of deposit, or, similar guarantee to assure said installation with the amount to be approved by the Public Works Department. Page Five Resolution No. 16-81 I 14. Install a fire hydrant (s) of a type and size specified by the City Fire Department. Exact location(s) and manner of placement shall be subject to the approval of the Fire Department. A letter from the Fire De- partment certifying installation of the hydrant shall be received by the Planning Department prior to occupancy by the office use. a) Partial recovery of hydrant installation costs shall be made in conjunction with future devel- opment of nearby lots based upon a formula using Morro Road frontage and spacing between hydrants . 15 . This Departmental Review R810330 :1 is granted for a ' maximum period of one year from the date of final approval unless an extension of time is granted by the Planning Director pursuant to a written request filed -a minimum of ten days prior to the expiration date. 16 . All conditions of approval established herein shall be complied with prior to occupancy of the building of the proposed use. On a motion b Councilman Highland and seconded b Council- man g Y man' Stover , the foregoing resolution is hereby adopted in its 1 entirety on the following vote AYES: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins NOES: None ABSTAIN: None ABSENT: None � 67 ROBERT J. WILKINS, R. , Mayor ATT ST: M RAY . WARD N, City C erk ' APPROVED AS TO ORM: ALLEN GRIMES, City Attorney