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HomeMy WebLinkAboutResolution 1999-029 RESOLUTION NO. 1999-029 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DENYING AN APPEAL, THEREBY UPHOLDING THE PLANNING COMMISSION'S ACTION APPROVING A CONDITIONAL USE PERMIT ALLOWING AN AUTOMOBILE SALES LOT AT 5000 PALO ROAD (CUP #99002; Gearhart) WHEREAS, Kelly V. Gearhart requested approval of a use permit to allow development of an automobile sales lot; and WHEREAS, the site is zoned Commercial Tourist (CT), allowing the type of use and density proposed, with approval of a Conditional Use Permit by the Planning Commission; WHEREAS, the proposed project is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and WHEREAS, the proposed project, as conditioned, is consistent with the Zoning Ordinance, Subdivision Ordinance and all other applicable codes, ordinances and standards; and WHEREAS, the Planning Commission conducted a public hearing on the use permit application on April 20, 1999 and approved the request; and WHEREAS, Planning Commissioner William Zimmerman appealed that decision to the City Council; and WHEREAS, the City Council conducted a public hearing on the appeal of the tentative tract map approval on May 25, 1999 and accepted testimony, both written and oral, on the subdivision proposal. NOW, THEREFORE, SECTION 1. Categorical Exemption. The City Council finds that the proposed project is categorically exempt from the California Environmental Quality Act, in accordance with Class 3 (Section 15303) of that act,because it is the construction of a new, small structure, not involving the use of significant amounts of hazardous substances, designed for an occupant load of 30 persons or fewer. SECTION 2. Findings for ap2roval of use permit. The City Council hereby makes the following findings: 1. The project, as conditioned, is consistent with the General Plan and applicable zoning requirements. City of Atascadero Resolution No. 1999-029 Page 2 2. The proposed use will not harm the health, safety, or welfare of persons living or working in the vicinity of the project. SECTION 3. Approval. The City Council hereby upholds the action of the Planning Commission, thereby approving Conditional Use Permit #99002, as shown on Exhibit A, subject to the conditions 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: Mayor Pro Tem Arrambide and Mayor Johnson NOES: Council Member Luna ABSENT: Council Members Clay and Lerno abstained ADOPTED: May 25, 1999 CIT OF AT SC RO, CA ail Ray Johnso , May r ATTEST: 1. Marcia M. Torgerson, City Cl rk Approved as to form: Roy . Hanley, di7ty Atiomey ■1 min . . EXHIBIT A IS , ,9 Site plan Conditional use permit 99002 5000 San Palo Road HIGHWAY lot —�� _ �►� , ~ SAN PALO ROA �.. --._ as .v�• �j�_ �- U _,\ � ���\ \ -- �_�. u--�.'3-- -rte- - ---�--Y�`�,•� \\ , @`\\� PARCEL 1CAM SA&AS al,"We C9 i \ \ TV j» 'rr• (( \ t + - ,t....•� 3 '� ET`Z� r�1=.'. I. •�-'t l�rerr7r•.w•r T ^\\ \ �r f l r.•ueT ou. riYyY^('^r�rwrr•rwvti•Y.,^,-rrr \\ \ \ \ .... ..r.• ...'r-.• ..�-r-• ter•+•�.• moi-. \ EXHIBIT B Resolution No. 1999-029 Conditions for Conditional Use Permit 99002 CONDITIONS Engineering Division: 1. All public and drainage improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 2. The applicant shall enter into an Plan Check/Inspection agreement with the City. Prior to recordation of the parcel map, all outstanding plan check/inspection fees shall be paid. 3. The applicant shall be responsible for the relocation and/or alteration of existing utilities. All new utilities (water, gas, electric, cable TV, telephone, etc.) shall be installed underground or as approved by the Community Development Director. 4. The applicant shall submit a grading and drainage plan,prepared by a registered civil engineer, for review and approval by the City Engineer prior to the issuance of building permits. The applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC)prior to the final inspection. 5. The San Palo Road property frontage shall be improved in conformance with the plans accepted by the City Engineer,prepared by Cannon Associates, dated 02/25/99. The street improvements shall be accepted as complete by the City Engineer prior to final inspection. 6. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 7. The applicant shall acquire title or interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress or egress is affected by these improvements. 8. Drainage from the project site shall not be permitted to flow over any sidewalk, driveway approach or pedestrian walkway within the public right-of--way unless otherwise approved by the City Engineer. EXHIBIT B Resolution No. 1999-029 Conditions for Conditional Use Permit 99002 Page 2 Community Development: 9. Any exterior lighting must be designed to eliminate glare onto the adjacent street or nearby properties, to the approval of the Community Development Department. Display area lighting standards shall not exceed 22' in height.