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HomeMy WebLinkAboutResolution 99-97 RESOLUTION NO. 99-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT#97012 REGARDING A RESIDENTIAL CARE FACILITY FOR THE ELDERLY (7105 San Gabriel Road: Kunz) WHEREAS, Conditional Use Permit#97012 was denied by the Planning Commission following a Public Hearing held September 16, 1997; and WHEREAS, another Public Hearing was held before the City Council on October 28, 1997 to consider the applicant's appeal of said Planning Commission action; and WHEREAS, at the October 28, 1997 Public Hearing,the City Council found as follows: 1. That the subject residential care facility is consistent with the General Plan because it advances housing goals of the Housing Element in an manner that conflicts with no Land Use Element policies; and 2. That the subject residential care facility satisfies all applicable provisions of the Zoning Ordinance because the use is listed as allowable in the zoning district in which it is located and all development standards pertaining to the use will indeed be met; and 3. That 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 because the requirements of the Uniform Building and Fire Codes coupled with the licensing and inspection requirements of the State Department of Social Services are adequate; and 4. That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development because all site improvements are existing and will not be substantially affected be the project or use; 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 would result from full development in accordance with the Land Use Element because residents of the subject care facility would not drive and the number of employees is limited to a few. Resolution No. 99-97 Page 2 NOW, THEREFORE,the Council of the City of Atascadero does resolve to approve Conditional Use Permit#97012 subject to the Conditions of Approval attached hereto as Exhibit `A' and incorporated herein by reference. On motion by Councilmember Luna and seconded by Councilmember Clay,the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Councilmembers Carden, Clay, Luna and Mayor Johnson NOES: Councilmember Lerno ABSENT: None DATE ADOPTED: October 28, 1997 / CITE'OF CAD O, CA r -z-LI RA JO O ayor ATTEST: MARCIA M. TORGERSON, ity Clerk APPROVED AS TO FORM: / 4af �""' Y . HANLE , Ci ttorney EXHIBIT A RESOLUTION NO. 99-97 PAGE 1 ATTACHMENT G - Revised Conditions of Approval Conditional Use Permit #97012 7105 San Gabriel Road (Kunz) Revised by the City Council at a Hearing held on October 28, 1997 CONDITIONS OF APPROVAL: 1. This Conditional Use Permit approval allows for the establishment of a residential care facility for up to f-eart-Een (14) fifteen (15) persons over the age of sixty-two (62) . The facility shall maintain compliance with this Attachment (Conditions of Approval) and all applicable provisions of the Atascadero Municipal Code. Any substantial modifications of the facility shall require approval of the Planning Commission. 2 . The residential care facility use shall not be established, nor shall a business license be issued, until all Conditions of Approval are satisfied. 3 . This approval does not include signs . No signs other than address identification signs required by the Fire Department shall be erected on the site. 4 . Permits shall be obtained and finaled for the partitioning of interior walls for the creation of additional bedroom space in the residence. If the residence is designed to accommodate more than ten (10) residents, the permit (s) shall include the following: a. Installing full-coverage fire sprinklers; b. Making the facility handicapped accessible; and C. Meeting all other Uniform Building/Fire Code requirements including but not limited to those pertaining to fire alarms, extinguishers and fire wall separation. 5. This Conditional Use Permit approval shall expire one (1) year from the date of final approval, unless: a. Substantial site work toward establishing the authorized use has been performed, as defined in Section 9-2 . 114 of the Zoning Ordinance; or EXHIBIT A RESOLUTION NO. 99-97 PAGE 2 b. The project is completed, as defined in Section 9-2 . 115 of the Zoning Ordinance; or C. An extension has been granted, as defined in Section 9- 2 . 118 of the Zoning Ordinance; or d. A building moratorium is imposed on the project site. 6. The common driveway serving the site, from San Gabriel Road to the point where the driveway is no longer used in common, shall be improved to a paved width of sixteen (16) feet with a 2-foot graded and based shoulder on each side. In addition, a paved turnaround shall be provided as approved by the Fire Department. All driveway/turnaround improvements shall be completed prior to the establishment of the approved use. 7 . Prior to the issuance of a building permit or business license, a registered civil engineer shall provide the City with a report on the adequacy of the existing septic/leachfield system to accommodate the proposed change in occupancy. Any work necessary to ensure the septic/leachfield system is adequate for the change in occupancy shall be completed pursuant to an approved permit prior to the establishment of the approved use.