HomeMy WebLinkAboutResolution 1999-008 RESOLUTION NO. 1999-008
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO
APPROVING A CONDITIONAL USE PERMIT APPLICATION
ALLOWING POLES AND NETTING MATERIAL AT THE EAGLE CREEK DRIVING
RANGE TO EXCEED FIFTY (50) FEET IN HEIGHT
(CUP 98013; Gearhart)
WHEREAS, the applicant has applied for a Conditional Use Permit to extend poles and
netting material surrounding the driving range at the Eagle Creek Golf Course from fifty (50)
feet to seventy (70) feet to prevent golf balls from escaping the driving range area and causing
property damage and/or personal injury; and
WHEREAS, the site is located in a recreational zoning district wherein the use is allowed
but uninhabited structures in excess of fifty (50) feet in height require Conditional Use Permit
approval; and
WHEREAS,the project has been determined by staff to be categorically exempt from the
requirements of the California Environmental Quality Act(CEQA)under the Class 1 exemption
for minor alterations to existing facilities involving negligible or no expansion of use beyond that
which previously existed(State CEQA Guidelines Section 15301); and
WHEREAS, the Planning Commission of the City of Atascadero considered the proposed
Conditional Use Permit at a duly noticed Public Hearing held November 3, 1998; and
WHEREAS, the City Council of the City of Atascadero held a public hearing on
December 8, 1998 to consider an appeal of the Planning Commission's failure to approve
Conditional Use Permit#98013; and
WHEREAS, Zoning Ordinance Sections 9-2.109(c)(4) and 9-4.113(b)(1) require that
certain"Findings"be made prior to approving a Conditional Use Permit to modify height
limitations;
NOW, THEREFORE,the City Council of the City of Atascadero finds as follows:
1. The proposed project, as conditioned, is consistent with the General Plan.
2. The proposed project, as conditioned, satisfies Zoning Ordinance provisions.
3. 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 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.
4. The proposed project, as conditioned,will not be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development.
5. The proposed 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.
6. The proposed project, as conditioned, will be in compliance with the City's adopted
Appearance Review Guidelines.,
7. The project will not result in substantial detrimental effects on the enjoyment and use of
adjoining properties.
8. The modified height will not exceed the lifesaving capabilities of the Fire Department.
BE IT FURTHER RESOLVED, that the City Council of the City of Atascadero does
hereby approve Conditional Use Permit#98013 as generally shown on Exhibit A and subject to
the Conditions of Approval contained in Exhibit B.
On motion by Mayor Pro Tem Arrambide and seconded by Mayor Johnson, the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Council Member Arrambide and Mayor Johnson
NOES: Council Member Luna
ABSENT: Council Members Clay and Lerno abstained
ADOPTED: January 12, 1999
CITE TASCADERO, CA
r
Ray John on, ayor
ATTEST:
hla�u� M
Marcia McClure Torgerson, City Clerk
EXHIBIT B
Resolution No. 1999-008
Conditions of Approval
Conditional Use Permit#98013
CONDITIONS OF APPROVAL:
1. The approval allows for the poles and netting material surrounding the driving range at
the Eagle Creek Golf Course to be increased in height from fifty(50) feet to seventy (70)
feet in substantial conformance with Exhibit A of this Resolution and all of the
Conditions listed below. Any substantial modification of the project or these Conditions
shall require the approval of the Planning Commission.
2. Pursuant to Section 9-2.109(c)(2)(iii) of the Zoning Ordinance, this approval is subject to
periodic review. In the event that Conditions of Approval herein are not being complied
with, or the approved poles and netting material otherwise become the subject of
substantial compliant, the matter shall be reconsidered by the Planning Commission
pursuant to Section 9-8.105 of the Zoning Ordinance.
3. 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
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.
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sC&D Location of Poles/Netting over 50 feet in Height
Resolution No. 1999-008
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