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
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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.