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HomeMy WebLinkAboutResolution 2019-075RESOLUTION NO. 2019-075 I IRESOLUTION OF THE CITY COUNCIL OF THE I I CITY OF ATASCADERO, CALIFORNIA, REVERSING THE PLANNING COMMISSION'S ACTION AND DENYING A CONDITIONAL USE PERMIT TO ESTABLISH A MINI -STORAGE FACILITY LOCATED AT 11405 VIEJO CAMINO AND 11505 EL CAMINO REAL DOVE CREEK MINI -STORAGE NEWTON (DEV18-0103) WHEREAS, an application has been received from Scott Newton (215 Santa Fe, Pismo Beach, California 93449), Owner and Applicant, to consider Planning Application DEV 18-0103, fora Conditional Use Permit fora mini -storage use on a2.4 -acre site located at 11405 Viejo Camino and 11505 El Camino Real, Atascadero, CA 93422 (APNs 045-342-009 and 045-342-010); and WHEREAS, the site's current General Plan Land Use Designation is Public Facilities (PUB); and WHEREAS, the site's current Zoning District is Public (P); and n WHEREAS, a mini -storage use is a conditionally allowed use in the Public (P) zoning district, when it can be found to be compatible with the site and setting; and WHEREAS, the project was reviewed by the Design Review Committee at their regularly scheduled meeting on November 14, 2018, where the Design Review Committee suggested the project be denied for inconsistency with the neighborhood, and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject conditional use permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said use permit; and WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on August 6, 2019, studied and considered the proposed use permit for a mini -storage development; and WHEREAS, the Planning Commission of the City of Atascadero has recommended approval of the use permit; and WHEREAS, an appeal was filed on August 16, 2019 in accord'ancewitfte provisions of (—j AMC section 9-1.111; and WHEREAS, the City Council held a duly noticed public hearing to eonsidehthe.appeal on September 10, 2019 at 6:00 p.m. and considered testimony and repot( frorPLstaff�,-th6 applicants, and the public. City of Atascadero Resolution No, 2019-075 Page 2 of 3 NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: '^ SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The City Council of the City of Atascadero, in a regular session assembled on September 10, 2019, resolved to overturn the Planning Commission's action to approve a conditional use permit for a mini -storage facility. SECTION 3. Findings. The City Council makes the following findings and determinations with respect to the Conditional Use Permit: 1. Findings for Denial of a Conditional Use Permit A. FINDING: The proposed project or use will be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. FACT: The proposed mini -storage project is surrounded primarily by residential, parkland, child-care facilities, churches, and a seasonal creek. A mini -storage project and use is incompatible with the surrounding neighborhood and is a departure from the established land use pattern. It is also contrary to the orderly development of the immediate neighborhood. SECTION 4. CEQA. An initial study was prepared for the proposed project at which time mitigation measures were identified to reduce the impacts to a less than significant level. A Draft Mitigated Negative Declaration was posted for public review in accordance with CEQA and was certified by Planning Commission at a Public Hearing held on August 6, 2019, SECTION 5. Denial. The City Council of the City of Atascadero, in a regular session assembled on September 10, 2019, resolved to reverse the Planning Commission's action and deny a Conditional Use Permit for a mini -storage facility. PASSED AND ADOPTEn at a regular mrefirno of the C".itv C''n„npil hi -hi on the 1 flth rinv of PASSED AND ADOPTED at a regular meeting of the City Council held on the 10th day of September, 2019. On motion by Council Member Funk and seconded by Council Member Fonzi. the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Fonzi and Funk and Mayor Moreno NOES: Council Member Bourbeau ABSENT: Council Member Newsom ABSTAIN: None CITY OF ATASCADERO Heather Moreno, Mayor City of Atascadero Resolution No. 2019-075 Page 3 of 3 APPROVED S TO F Brian Pierik, `i Attorney