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PC_2021-04-20_AgendaPacket
* COVID-19 NOTICE * Consistent with Executive Orders N-25-20 and No. N-29-20 from the Executive Department of the State of California and the San Luis Obispo County Health Official’s March 18, 2020 Shelter at Home Order, the Planning Commission Meeting will not be physically open to the public and Planning Commissioners will be teleconferencing into the meeting. HOW TO SUBMIT PUBLIC COMMENT: Members of the public are highly encouraged to call 669-900-6833 to listen and provide public comment via phone, or submit written public comments to pc-comments@atascadero.org by 5:00 pm on the day of the meeting. Such email comments must identify the Agenda Item Number in the subject line of the email. The comments will be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Chairperson’s discretion. All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. If you would like to view presentations provided during the meeting, you may access them by clicking on the following link: https://us02web.zoom.us/j/83250238111?pwd=SG9OdGxyNHNTNmxRWEpHTzRQK0VnQT09 Webinar ID: 832 5023 8111 AMERICAN DISABILITY ACT ACCOMMODATIONS: Any member of the public who needs accommodations should contact the City Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48 hours prior to the meeting or time when services are needed. The City will use their best efforts to provide reasonable accommodations to afford as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Planning Commission agendas and minutes may be viewed on the City's website: www.atascadero.org. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the Community Development Department and are available for public inspection on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the Planning Commission. The Minutes of this meeting will reflect these numbers. All documents submitted by the public during Planning Commission meetings that are either read into the record or referred to in their statement will be noted in the Minutes and available for review by contacting the Community Development Department. All documents will be available for public inspection during City Hall business hours once City Hall is open to the public following the termination of the Shelter at Home Order. WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. CITY OF ATASCADERO PLANNING COMMISSION AGENDA REGULAR MEETING Tuesday, April 20, 2021 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jeff van den Eikhof Vice Chairperson Tori Keen Commissioner Jason Anderson Commissioner Victoria Carranza Commissioner Randy Hughes Commissioner Jennifer McIntyre Commissioner Dennis Schmidt APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVE THE DRAFT MINUTES OF APRIL 6, 2021 Recommendation: Commission approve the April 6, 2021, Minutes. City of Atascadero Planning Commission Agenda Regular Meeting, April 20, 2021 Page 2 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. PLANNING COMMISSION BUSINESS COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s). DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing, Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. 2. AMENDMENTS TO TITLE 9, CHAPTER 17 OF THE ZONING CODE TO ALLOW NON-STOREFRONT DELIVERY CANNABIS BUSINESS IN THE CITY The proposed code text amendments would allow for a State licensed Cannabis delivery business to operate from a commercial location within the City. Ex Parte Communications: Recommendation: Approve the draft resolution. (CPP20-0011) 3. SELF-STORAGE FACILITY AT 11450 VIEJO CAMINO AND 11505 EL CAMINO REAL The proposed project is a 56,330 sf self-storage facility on a 4.2-acre site, which includes indoor storage units, a community/commercial space and a workshop. A Notice of Intent to adopt a Mitigated Negative Declaration (EDN2021-0001) is available for public review from 3/15/21 through 4/14/21. Exceptions to the setback are requested as part of a creek realignment and restoration plan. Ex Parte Communications: Recommendation: Approve the project based on findings and conditions or deny the application based on findings. (DEV20-0076) City of Atascadero Planning Commission Agenda Regular Meeting, April 20, 2021 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be held on May 4, 2021, at 6:00 p.m. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to, this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting, April 20, 2021 Page 4 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. PC Draft Minutes of 4/6/2021 Page 1 of 3 ITEM NUMBER: 2 DATE: 4-20-21 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, April 6, 2021 – 6:00 P.M. City Hall (Teleconference) 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:00 p.m. Chairperson van den Eikhof called the meeting to order at 6:02 p.m. and Commissioner Carranza led the Pledge of Allegiance. ROLL CALL Present: By Teleconference - Commissioners Anderson, Carranza, Schmidt, Vice Chairperson Keen, and Chairperson van den Eikhof Absent: Commissioner McIntyre (excused absence) Vacant: One Others Present: By Teleconference - Recording Secretary, Annette Manier Staff Present: By Teleconference – Senior Planner, Kelly Gleason Associate Planner, John Holder City Clerk, Lara Christensen Staff Absent: Community Development Director, Phil Dunsmore APPROVAL OF AGENDA MOTION: By Commissioner Anderson and seconded by Schmidt to approve the Agenda. Motion passed 5:0 by a roll-call vote. PUBLIC COMMENT None. Chairperson van den Eikhof closed the Public Comment period. 1 PC Draft Minutes of 4/6/2021 Page 2 of 3 ITEM NUMBER: 2 DATE: 4-20-21 CONSENT CALENDAR 1. RE-APPROVE THE DRAFT MINUTES OF MARCH 2, 2021 Recommendation: Commission re-approve the March 2, 2021, Minutes. 2. APPROVE THE DRAFT MINUTES OF MARCH 16, 2021 Recommendation: Commission approve the March 16, 2021, Minutes. MOTION: By Commissioner Carranza and seconded by Commissioner Anderson to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. PLANNING COMMISSION BUSINESS A. Administration of Oaths of Office Administration of Oath of Office to new Planning Commissioner Randy Hughes by the City Clerk’s Office: Roll Call: Present: By Teleconference - Commissioners Anderson, Carranza, Hughes, Schmidt, Vice Chairperson Keen, and Chairperson van den Eikhof Absent: Commissioner McIntyre (excused absence) COMMUNITY DEVELOPMENT STAFF REPORTS 3. 2020 ANNUAL HOUSING AND GP IMPLEMENTATION REPORT (CPP21-0024) Recommendation: Review and receive report of State housing goals for 2020. Senior Planner Gleason gave a presentation on the 2020 Annual Housing and GP Implementation Report and answered questions from Commissioners. PUBLIC COMMENT None. Chairperson van den Eikhof closed the Public Comment period. There was no action taken by the Commission. PUBLIC HEARINGS - NONE (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s 2 PC Draft Minutes of 4/6/2021 Page 3 of 3 ITEM NUMBER: 2 DATE: 4-20-21 representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. COMMISSIONER COMMENTS AND REPORTS Commissioner Carranza asked about the upcoming Zoning Amendment, and Planner Gleason answered her questions. New Commissioner Randy Hughes introduced himself and gave a background on his experience. DIRECTOR’S REPORT Senior Planner Gleason gave the following updates: Upcoming April 20, 2021 Planning Commission meeting on Cannabis regulations, and the Dove Creek mini-storage project. The Zoning Amendment will be heard at a later date. ADJOURNMENT – 6:45 p.m. The next regular meeting is scheduled for April 20, 2021, at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant 3 ITEM 2 | 04/20/2021 Cannabis ordinance update CPP20-0011 Atascadero Planning Commission Staff Report - Community Development Department CPP20-0011 Cannabis Regulations update to add non-storefront retail Cannabis delivery services and additional security provisions Title 9 Chapter 17 (City of Atascadero) SUBJECT: This action consists of proposed text amendments to Title 9 Planning and Zoning Chapter 17 (Cannabis) to allow for non-storefront retail cannabis delivery services as a conditionally allowed use and to clarify permit requirements for all cannabis land uses. RECOMMENDATIONS: Staff recommends the Planning Commission adopt the following: 1. Planning Commission Adopt Draft PC Resolution recommending that the City Council introduce Draft Ordinance A for first reading, by title only, to approve amendments to Title 9 Chapter 17. SITUATION AND FACTS: 1. Applicant: City of Atascadero, 6500 Palma Ave. Atascadero, CA 93422 2. General Plan Designation: Citywide 3. Zoning District: Citywide 4. Environmental Status: Exempt from CEQA (Section 15061.(b)(3). No significant environmental impact) 4 ITEM 2 | 04/20/2021 Cannabis ordinance update CPP20-0011 DISCUSSION: Background: In 2017, the City adopted an Ordinance amending the Zoning Code, (Atascadero Municipal Code Title 9-Chapter 17), to implement changes in State Law regarding Cannabis. At that time, the City held extensive outreach meetings and considered all categories of Cannabis business and personal uses. The final ordinance allows for deliveries that originate outside of the City and to allow testing labs along with personal use and cultivation policies. Since that date, the industry has continued to change while State Laws have continued to be refined. In accordance with state law, the City is required to allow retail cannabis delivery services to operate within the City; however, the City is not required to allow such businesses to base their operations within the City. Therefore, at this time Cannabis deliveries are taking place but from commercial locations outside of the City. Due to the location of these businesses, the City is not receiving a portion of the sales tax revenue; however, the City still receives the cannabis tax revenue During recent discussions at the City Council strategic planning meetings, Council asked staff to provide additional analysis regarding the City’s Cannabis ordinance to evaluate options for additional commercial cannabis uses in the City. In November 2020, the Atascadero City Council analyzed the following commercial cannabis land uses for their potential in the City: Commercial cultivation (Indoor) Cannabis manufacturing (non-volatile materials) Distribution centers The City Council considered the potential demand, land use impacts and potential benefits of these land uses, and decided to not move forward with including these land uses in the City zoning policies at this time. However, the City Council gave direction to draft amendments to the City’s zoning code to allow non-storefront delivery business through the consideration of a conditional use permit. These businesses are not allowed to have customer visitation and would be required to obtain a State Bureau of Cannabis Control (BCC) License Type 9 (non-storefront retailer) to locate with a physical address within the City. Currently, under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), local jurisdictions do not have the authority to prohibit commercial cannabis delivery services, but the City can prohibit them from operating from locations within the City. This amendment would simply allow these existing delivery services to establish a non- retail office and commercial address within the City. 5 ITEM 2 | 04/20/2021 Cannabis ordinance update CPP20-0011 Analysis: Currently, state law (MAUCRSA) and City regulations allow for retail cannabis deliveries from businesses that are based outside of the City. Outside of delivery, the only other permitted cannabis activities are cannabis testing facilities and personal cannabis cultivation. Currently, there are no testing facilities that have chosen to locate in the City, since there are no retail or cultivation uses nearby. The proposed ordinance amendments (Attachment 1) would allow delivery businesses that have a BCC Type 9 license to operate out of an office or other commercial building in the City of Atascadero. These delivery businesses are permitted to sell cannabis goods exclusively through delivery. Delivery is typically handled by a driver that is dispatched to residential locations within the City. A non- storefront retailer must also have licensed premises to store the cannabis goods for delivery. The premises of a non-storefront retailer are not open to the public and can be subject to additional security and operations requirements. Zoning Ordinance Changes for Delivery Uses The amendments to Title 9, Chapter 17 of the Municipal Code (Attachment 1) will make changes to the City’s zoning code to allow for a delivery (type 9) business to conditionally operate in the City. With approval of a CUP, the code proposes to establish this land use in the Industrial (I), Commercial Professional (CP), Commercial Retail (CR), Commercial Service (CS), and Commercial Park Zone (CPK) zones. Additionally, the ordinance amendments will ensure that Type 9 businesses are subject to specific conditions through a review process that can help ensure mitigation of community impacts and to ensure appropriate security measures are incorporated. In addition to the CUP process, Type 9 Businesses will also be subject to the following: Community Benefit Agreement: May include a program or compensation to be given to a community to mitigate the potential impacts of a commercial cannabis business. Annual Review and Permit Fee: Will allow for annual review of all items submitted for a commercial cannabis CUP. The Permit Fee will also provide cost recovery for staff time in CUP permit review. The following list is an example of considerations and requirements that will be incorporated into any use permit for a Type 9 business land use and Attachment 1 provides additional details on the CUP process: 1. Distance requirements between land uses. Any commercial cannabis uses, including a delivery facility is prohibited within 600 feet from schools, parks, and youth centers in accordance with state law. 2. Performance criteria for delivery businesses may include: a. Indemnification Form/Agreement, 6 ITEM 2 | 04/20/2021 Cannabis ordinance update CPP20-0011 b. Security and Operations Plan. It is recommended that all cannabis businesses in the City be required to submit a Security Operations Plan. This is typical of cannabis permitting in adjacent cities and is included in the application for CUP for cannabis business licenses. This will include a 24-hour video surveillance system accessible to the City. c. Signage Plan (no exterior signs that identify the business name or product will be allowed on a delivery office site) d. Employee Safety and Training Plan, e. City Tax and Fee Payment Plan, f. Vicinity Map showing distance to closest sensitive land uses. g. Community Benefit Agreement to include a program or compensation to be given to the community to mitigate the potential impacts of Cannabis business. h. Additional conditions of approval to be established through the Conditional Use Permit process. Other Ordinance Changes City staff is recommending a change that will allow the City to issue a Cannabis Permit to any business that operates within the City, whether or not they are located within the City. Currently, there are 8 or more delivery businesses that operate in Atascadero but are based elsewhere. At this time, these businesses only need a business license to operate in the City. However, this license process is not sufficient alone and an additional, separate “Cannabis Permit” should be required for any out of town business. The Cannabis permit would allow the City to more closely regulate out of town businesses to ensure compliance with City policy, state law, and to assist in the collection of tax revenue. If a particular business does not follow state or local policy, or are reluctant to provide regular tax payments to the City, the permit process would allow the City to deny the business license and to report the business to the state license authority. Summary A delivery business is expected to be similar to other existing small-scale commercial and office uses in the City. Staff does not expect significant community impacts since there is no on-site retail component and relatively low quantities of product and cash stored at each site, and the City of Atascadero Police Department has also provided input on safety and security measures. The enhanced CUP and review process for Type 9 businesses will ensure that any potential impacts are mitigated, while providing an opportunity to review each proposal for compliance with City development standards. Additionally, the CUP process and Design Review Committee review will ensure neighborhood compatibility. 7 ITEM 2 | 04/20/2021 Cannabis ordinance update CPP20-0011 FISCAL IMPACT: Staff expects minimal fiscal impact from the adoption of the proposed Title 9 Chapter 17 Cannabis text amendments and full cost recovery for review of commercial cannabis businesses projects. Additionally, the allowance of the additional use has the potential to increase tax revenue generation for the City. ALTERNATIVES 1. The Planning Commission may refer this item back to staff for additional analysis of proposed amendments. 2. The Planning Commission may recommend minor modifications of the text amendments. 3. The Planning Commission may recommend denial of some or all of the proposed text amendments. ATTACHMENTS: Attachment 1: Draft PC Resolution 8 ITEM 2 | 04/20/2021 Cannabis ordinance update CPP20-0011 ATTACHMENT 1: Draft PC Resolution DRAFT PC RESOLUTION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE A TEXT AMENDMENT TO CHAPTER 17, CANNABIS ACTIVITIES & REGULATIONS, IN TITLE 9 OF THE ATASCADERO MUNICIPAL CODE CANNABIS ACTIVITIES & REGULATIONS UPDATE City of Atascadero WHEREAS, an application has been received from the City of Atascadero to amend Title 9, Planning and Zoning, to implement provisions of the Medicinal and Adult Use of Cannabis Regulation and Safety Act (MAUCRSA) for new regulations pertaining to cannabis regulations within the City of Atascadero; and WHEREAS, pursuant to Government Code sections 65854 and 65855, the Planning Commission has the authority to review and make recommendations to the City Council regarding amendments to the City’s zoning ordinances; 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 of Cannabis Chapter text amendments 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 zoning text amendments; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero make the following findings, determinations and recommendations with respect to the proposed Title 9 Chapter 17 Text Amendment: SECTION 1. Recitals: The above recitals are true and correct. 9 ITEM 2 | 04/20/2021 Cannabis ordinance update CPP20-0011 SECTION 2. Public Hearing. Planning Commission held a noticed public hearing on April 20, 2021 at which interested persons had an opportunity to testify in support of, or in opposition to, the proposed amendment to the City’s zoning ordinance and at which time the Planning Commission considered the proposed amendment to the City’s zoning ordinance. SECTION 3. Facts and Findings. The Planning Commission makes the following findings, determinations and approvals with respect to the Zone Text Amendment: A. Findings for Approval of a Zone Text Change FINDING: (i) The Title 9 Chapter 17 text amendment is consistent with General Plan policies and all other applicable ordinances and policies of the City. FACT: The proposed zone text amendments align the code requirements with the vision, intent and policies of the adopted General Plan. FINDING: (ii) This Amendment of Title 9 Chapter 17 will provide for the orderly and efficient use of lands where such development standards are applicable. FACT: The proposed text amendment provides for orderly development in accordance with the adopted General Plan for the compatible use of the property based on neighborhood characteristics. FINDING: (iii) The Text Change will not, in itself, result in significant environmental impacts. FACT: The proposed text changes are minor and do not trigger any environmental impacts. SECTION 4. CEQA. The proposed zoning text change is exempt from the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). SECTION 5. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 20, 2021, resolved to recommend that the City Council introduce for first reading, an ordinance that would amend the Atascadero Municipal Code to amend Title 9 Chapter 17 text as detailed in Exhibit A, attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. 10 ITEM 2 | 04/20/2021 Cannabis ordinance update CPP20-0011 On motion by Commissioner ___________, and seconded by Commissioner ____________, the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: ( ) CITY OF ATASCADERO, CA Mark Dariz Planning Commission Chairperson Attest: Phil Dunsmore Planning Commission Secretary 11 ITEM 2 | 04/20/2021 Cannabis ordinance update CPP20-0011 EXHIBIT A: Chapter 17 – Cannabis Activities & Regulations Chapter 17 Cannabis Activities & Regulations 17.001 Title. This chapter shall be known as the cannabis regulations of the City of Atascadero. (Ord. 612 § 2, 2017) 9-17.002 Purpose and intent. (a) Purpose. It is the purpose and intent of this chapter to implement the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) and to provide access to adult-use of cannabis for persons over the age of twenty-one (21) as authorized by the Control, Tax and Regulate the Adult Use Cannabis Act (“AUMA” or “Proposition 64” passed by California voters in 2016), while imposing sensible reasonable regulations on the use of land to protect the City’s residents, neighborhoods, and businesses from disproportionately negative impacts. As such, it is the purpose and intent of this chapter to regulate the cultivation, processing, manufacturing, testing, sale, delivery, distribution and transportation of medicinal and adult-use cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of Atascadero and to enforce rules and regulations consistent with State law. (b) Non-Conflicting Enactment. Nothing in this chapter is intended to authorize the possession, use, or provision of cannabis for purposes that violate State or Federal law. (c) Additional Provisions. The provisions of this chapter are in addition to any other permits, licenses and approvals which may be required to conduct business in the City, and are in addition to any permits, licenses and approval required under State, County, or other law. (Ord. 612 § 2, 2017) 9-17.003 Definitions. For the purposes of this chapter, the following definitions shall apply. (a) Accessory Structure. An accessory structure is a detached structure, with a “u” occupancy that is accessory to and subordinate to the primary residential use. (b) Cannabis. “Cannabis” shall have the meaning set forth in Business and Professions Code Section 26001(f), which includes all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code. 12 ITEM 2 | 04/20/2021 Cannabis ordinance update CPP20-0011 (c) Cannabis Canopy. All areas occupied by any portion of a cannabis plant, encompassing all vertical planes (i.e., stacking of plants), whether contiguous or noncontiguous on any one (1) site. “Cannabis canopy” shall be measured by taking the longest length and widest width of existing plants (including all gaps and open areas between plants) and multiplying the length and width to get square footage. (d) Cannabis Greenhouse. A fully enclosed permanent structure that is clad in transparent material. Cannabis cultivation within an enclosed, non-transparent greenhouse is considered indoor cultivation. (e) Cannabis Hoop Structure. A readily removable plastic covered hoop structure without in-ground footings or foundations, which are not more than twelve (12) feet in height and do not have vertical sides that exceed four (4) feet in height. Cannabis hoop structures are accessory uses on residential land use categories which shall not exceed one hundred twenty (120) square-feet. Cannabis cultivation within hoop structures is considered outdoor cultivation. (f) Cannabis Permit. A permit required by the City of Atascadero pursuant to this chapter to conduct Commercial Cannabis Activity or a Commercial Cannabis Business in the City. (f) (g) Cannabis Testing Facility. A facility, entity, or site that offers or performs testing of cannabis or cannabis products and that is both accredited by an accrediting body that is independent from all other persons involved in the cannabis industry in the state, and registered with and licensed by the California State Department of Public Health. (g) (h) Commercial Cannabis Activity. “Commercial cannabis activity” shall have the meaning set forth in Business and Professions Code Section 26001(k), which includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis or cannabis products as provided in MAUCRSA (Business and Professions Code Section 26000 et seq.) and for which a state license is required. Commercial cannabis activity shall also include the sale or distribution of cannabis and/or cannabis products, in exchange for compensation in any form, for medicinal purposes under Health and Safety Code Sections 11362.5 and 11362.7 et seq. (h) (i) Cultivation. “Cultivation” shall have the meaning set forth in Business and Professions Code Section 26001(l), which includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. (i) (j) Day Care Center. “Day care center” shall have the same meaning as Health and Safety Code Section 1596.76, which any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers. (j) (k) Fully Enclosed Structure. A fully enclosed space within a building or separate structure that complies with the California Building Code (CBC), as adopted by the City of Atascadero, or if exempt from the permit requirements of the CBC, that has a complete roof, foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, and non-transparent walls on all sides. (k) (l) Indoor Cultivation. Cultivation, as defined in subsection (h), of this section, within a fully enclosed structure, as defined in subsection (j) of this section. (l) (m) Outdoor Cultivation. Any location within the City of Atascadero that is not within a fully enclosed structure, or cannabis green house, as defined in subsection (d) of this section. (m) (n) Personal Cultivation. Cultivation of cannabis at a private residence, as defined by subsection (n) of this section, for non-commercial cannabis activities, which is defined in subsection (g). 13 ITEM 2 | 04/20/2021 Cannabis ordinance update CPP20-0011 (n) (o) Private Residence. A house, apartment unit, mobile unit, or other similar dwelling unit that is legally permitted within the City of Atascadero, and is considered a residential occupancy type in the California Building Code, as adopted by the City of Atascadero. (o) (p) Retail Cannabis Delivery Center. A “retail cannabis delivery center” is a facility from which deliveries of cannabis and/or cannabis products originate pursuant to orders placed by customers inside and/or outside the City. (p) (q) School. A private or public educational facility providing instruction in kindergarten or grades 1 through 12. (q) (r) State Cannabis Laws. “State Cannabis Laws” shall mean and include California Health and Safety Code Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act); California Health and Safety Code Sections 26000 through 26211 (Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”)); California Health and Safety Code Sections 26220 through 26231.2; the California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August, 2008, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code Section 147.5; California Revenue and Taxation Code Sections 31020 and 34010 through 34021.5; California Fish and Game Code Section 12029; California Water Code Section 13276; all State regulations adopted pursuant to MAUCRSA; and all other applicable laws of the State of California. (r) (s) Youth Center. “Youth center” shall have the same meaning as Health and Safety Code Section 11353.1, which includes any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities. (Ord. 612 § 2, 2017) 9-17.004 Personal cannabis cultivation. The following regulations pertain to the personal cultivation of cannabis. (a) All cannabis cultivation is prohibited within the City except that no more than six (6) living cannabis plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one (1) time. In no instance may personal cultivation occur on vacant property. (b) Indoor Cultivation Regulations. Indoor cultivation on residential properties is subject to the following regulations: (1) Indoor cannabis cultivation shall only occur inside a private residence or an accessory structure to a private residence that is fully enclosed and secured against unauthorized entry. (2) Sleeping Rooms within Residential Occupancies. Indoor cultivation may not occur inside rooms designed for sleeping. Sleeping rooms are defined by the California Building Code for residential occupancies. (c) Outdoor Cultivation. Outdoor cultivation on residential properties is subject to the following regulations: 14 ITEM 2 | 04/20/2021 Cannabis ordinance update CPP20-0011 (1) Visibility. Outdoor cannabis cultivation shall not be visible from public rights-of-way or neighboring properties. (2) Screening. Outdoor cannabis cultivation must be completely screened with permanent fencing and/or landscaping. Fencing must be compatible with the neighborhood and be constructed of wood pickets, block, or other typical fencing materials. (3) Prohibited Fence Types. Electrical fencing, razor wire fencing, chain link fencing, barbwire, plywood, and other unfinished materials;. sShade cloth, plastic, plywood, OSB, and other temporary screening materials shall not be allowed. (4) Fencing Height. Fencing for screening of outdoor cannabis cultivation must not exceed seven (7) feet in height, measured from natural grade. Additional plastic or other materials attached, suspended, or supported beyond the seven (7) foot height limitation shall be prohibited. (d) Setbacks. Personal cannabis cultivation shall be subject to the following setback requirements: (1) Property line. Cannabis greenhouses, cannabis hoop-structures, and all outdoor cannabis cultivation must be located fifteen (15) feet or more from the edge of property lines. (2) Distance from Adjacent Residences. Cannabis greenhouses, cannabis hoop-structures, and all outdoor cannabis cultivation must be located twenty-five (25) feet or more from the nearest adjacent residence. (3) Front Setback. No cannabis cultivation may occur within a designated front setback as defined in Section 9-4.106 of this title. (e) Total Coverage of Personal Cannabis Cultivation. (1) Indoor Cannabis Cultivation. Indoor cannabis cultivation shall not take up more than one hundred twenty (120) square feet of indoor residential space. (2) Outdoor Cannabis Cultivation. Outdoor cannabis cultivation shall not take up more than one hundred twenty (120) square feet of cannabis canopy coverage. (f) Property Owner Consent. Where a private residence is not occupied or inhabited by the owner of the residence, the owner of the property must provide written consent expressly allowing cannabis cultivation to occur at said private residence. (g) Applicability of Adopted Building Codes. All personal cannabis cultivation at a private residence shall comply with applicable Building Code requirements set forth in the Atascadero Municipal Code Title 8. (h) Use of Solvents. There shall be no use of gas products (CO2, butane, propane, natural gas, etc.) on a property for purposes of cannabis cultivation. (i) Waste Disposal. The following regulations apply to the disposal of cannabis waste on residential property: (1) Cannabis and cannabis infused products must be disposed in a secure waste receptacle located on the residential property. (2) Cannabis plants and products must be rendered unusable and unrecognizable by grinding and incorporating cannabis waste with any non-consumable solid waste with a resulting mixture of at least fifty percent (50%) non-cannabis waste. (Ord. 612 § 2, 2017) 15 ITEM 2 | 04/20/2021 Cannabis ordinance update CPP20-0011 9-17.005 Commercial cannabis activities. All commercial cannabis activities are prohibited unless specifically allowed in this Table 17-1. It is unlawful for any person to commence, operate, engage in, to conduct, or carry on (or to permit to be commenced, operated, engaged in, conducted or carried on) in or upon any property located within the City, a commercial cannabis activity unless that person does so in strict compliance with State Cannabis Laws, this section, and all applicable Municipal Code provisions. City Cannabis Permit Required. No person shall engage in Commercial Cannabis Activity or have an ownership interest in, operate, or manage, a Commercial Cannabis Business without obtaining and continuously maintaining a Cannabis Permit pursuant to this chapter. (a) Table 17-1 identifies the uses of commercial cannabis activities that are permitted in non- residential districts, and the planning permit required to establish each use, in compliance with Chapters 9-1 and 9-2 of this code. Table 17-1 – Commercial Cannabis Use Table Allowed Land Uses and Permit Requirements A Allowed Use, Zoning Clearance Required CUP Conditional Use Permit Required AUP Administrative Use Permit Required Non-Residential Zones ◻ Not Permitted Use Permitted Uses By Zones CN CP CR CS CT CPK DC DO IP I Commercial Cannabis Activity Testing Facility CUP CUP AUP AUP AUP AUP Cannabis Delivery Facility CUP C U P CUP CUP CUP CUP (Ord. 612 § 2, 2017) 9-17.006 Commercial cannabis activities development standards. (a) Cannabis Testing Facilities. The following are development standards for cannabis testing facilities and delivery centers: (1) On-Site Sales. Retail or wholesale sales to the public are prohibited. (2) Distance. Cannabis testing or delivery facilities shall be prohibited within six hundred (600) feet of schools, parks, and youth centers. 16 ITEM 2 | 04/20/2021 Cannabis ordinance update CPP20-0011 (3) Signage. Signage shall be limited to fifteen (15) square feet in size for testing facilities and delivery centers., Nno signage other than address signage shall be allowed for cannabis delivery facilities where product or cash is stored. (b) Cannabis Deliveries. The following standards apply to Cannabis delivery services:: located outside the incorporated City limits of the City of Atascadero: (1) Deliveries within Incorporated City Limits. State-licensed retail cannabis delivery centers located outside the City may personally deliver cannabis and cannabis products to individuals located at private residences within the City, provided that such deliveries are in strict compliance with State Cannabis Laws and have obtained a business license tax certificate and are paying the applicable business license tax under Municipal Code Chapter 3-5. All other deliveries of cannabis and/or cannabis products are prohibited. (2) Vehicle Advertising. Vehicles used in the delivery process must be unmarked without any designation or logo that identifies the vehicle as a cannabis delivery vehicle. (3) Delivery Times. Cannabis and cannabis product deliveries within the City may not occur between 11:00 p.m. and 7:00 a.m. (Ord. 612 § 2, 2017) 9-17.007 Commercial cannabis application and procedures. (a) Application Requirements. Any person applying for an AUP or CUP for a cannabis testing facility, or cannabis delivery center, as allowed under this chapter, must submit the following information with their application: (1) The name of the proposed cannabis testing facility including, if applicable, the name on file with the California Secretary of State and any fictitious business names and/or DBAs. (2) The location of the proposed cannabis testing facility (must comply with the zoning and location restrictions set forth above). (3) The names, addresses, and contact information for each owner of the proposed cannabis testing facility. (4) If the proposed cannabis testing facility is incorporated, the names, titles, addresses, and contact information of each corporate officer, the name, address, and contact information of the agent for service of process, a certified copy of the articles of incorporation, and copy of the bylaws. (5) If the proposed cannabis testing facility is a partnership, the names, addresses, and contact information for each partner and the agent for service of process. (6) The name and contact information for each manager of a proposed commercial cannabis business, establishment, or facility. If such information is not available at the time the application is submitted, the proposed commercial cannabis business, establishment, or facility shall submit such information to the Community Development Department as soon as it becomes available. (7) For each owner, corporate officer, partner, manager, employee, or volunteer, a criminal history (“LiveScan”) prepared not more than two (2) weeks prior to the date of submitting the application demonstrating that there are no pending charges or convictions for any crime ( including, without limitation, theft, fraud, deceit, or assault) within the previous ten (10) years, and that the subject is not currently on parole or probation for the sale, possession for sale, manufacture, transportation, cultivation, or distribution 17 ITEM 2 | 04/20/2021 Cannabis ordinance update CPP20-0011 of a controlled substance. For each owner, corporate officer, partner, manager, employee, or volunteer who becomes part of a cannabis testing facility after the required permit is issued, the cannabis testing facility must submit the required criminal history to the Community Development Department within two weeks of the new owner, corporate officer, partner, manager, employee, or volunteer joining the operation. (8) A site plan and operations plan that demonstrate how the proposed cannabis testing facility has already complied or will comply with the requirements of this chapter. (9) A copy of all required permits and certificates under Title 8 (Buildings Code) of this Code or an acknowledgment that the proposed cannabis testing facility will obtain all required permits and certificates under Title 8 prior to its opening, establishment, operation, and/or commencement. (10) The name, address, and contact information for the owner of the property on which the proposed cannabis testing facility will be located. (11) An agreement signed by the owner of the property on which the proposed cannabis testing facility is located consenting to use of the property as a cannabis testing facility and agreeing to indemnify, defend (with an attorney selected by the city), and hold harmless The City of Atascadero from any claims, damages, legal or enforcement actions arising from the use of the property as a cannabis testing facility. (12) Any supplemental information requested by the Community Development Director or designee to establish compliance with the requirements of this chapter. (Ord. 612 § 2, 2017) (13) All Cannabis businesses operating within the City shall be subject to the annual review and approval of a Cannabis Permit and shall be required to provide cannabis tax payments in accordance with the City of Atascadero Municipal Code. 9-17.008 Commercial cannabis application approval or denial of entitlement. (a) Criteria for Issuance or Denial of Permit. In addition to the criteria for land use permits set forth in this title, the Planning Commission, or the City Council on appeal, shall consider the following criteria in determining whether to grant or deny a land use permit for a cannabis testing facility: (1) That the proposed location of the cannabis testing facility is not identified by the City Chief of Police, or designee, as an area of increased or high crime activity. (2) For those applicants who have operated other businesses within the City, that there have not been significant numbers of calls for police service, crimes or arrests in the area of the applicant’s other business. (3) That the location is not prohibited by the provisions of this section or any local or state law, statute, rule, or regulation, and no significant nuisance issues or problems are likely or anticipated, and that compliance with other applicable requirements of the City’s Zoning Ordinance will be accomplished. (4) That the operations plan and site plan have incorporated features necessary to assist in reducing potential crime-related problems and as specified in the operating requirements section. These features may include, but are not limited to, security on-site; procedure for allowing entry; openness to surveillance and control of the premises; the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior. 18 ITEM 2 | 04/20/2021 Cannabis ordinance update CPP20-0011 (5) That all reasonable measures have been incorporated into the operations plan and site plan or consistently taken to successfully control and/or prevent disturbances, vandalism, traffic problems, cannabis use in public, public or private nuisances, or interference in the operation of another business. (6) That the cannabis testing facility is likely to have no potentially adverse effect on the health, peace, or safety of persons living or working in the surrounding area, overly burden a specific neighborhood, or contribute to a public nuisance. (7) That any provision of the Municipal Code or condition imposed by a City-issued permit, or any provision of any other local or State law, regulation, or order, or any condition imposed by permits issued in compliance with those laws, will not be violated. (8) That the applicant has not made a false statement of material fact or has omitted to state a material fact in the application for a permit. (9) That the applicant has not engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices with respect to the operation of another business. (Ord. 612 § 2, 2017) 10) Conditions of approval shall require that a retail cannabis delivery business provide a community benefit agreement that provides direct community benefits that can mitigate potential impacts of the sale of cannabis products in the community. 11) Commercial cannabis delivery businesses shall be subject to an annual review and an annual permit fee. 9-17.009 Commercial cannabis operational requirements. (a) Operational Requirements. (1) A cannabis testing facility permitted under this section may only operate between the hours of 7:00 a.m. and 8:00 p.m. (2) A cannabis delivery facility permitted under this section may only operate between the hours of 7:00 a.m. and 11:00 p.m. (2) A cannabis testing facility permitted under this chapter must comply with all applicable State Cannabis Laws. (3) A cannabis testing facility permitted under this chapter must comply with all applicable provisions of Title 8 of this Code. (4) A cannabis testing facility permitted under this section may not employ any person who is not at least eighteen (18) years of age. (5) A cannabis testing facility permitted under this section shall not conduct or engage in the commercial or retail sales of any cannabis or cannabis products on the premises of the cannabis testing facility. (6) No cannabis cultivation may occur on the property of a cannabis facility permitted under this chapter. 19 ITEM 2 | 04/20/2021 Cannabis ordinance update CPP20-0011 (7) A cannabis testing facility permitted under this chapter may not allow or permit the use, inhalation, smoking, eating, ingestion, or consumption of cannabis or cannabis products on the property of the commercial cannabis activity, including in the parking areas of such property. (8) Criminal Background Requirements. (i) No person who is currently charged with or has been convicted within the previous ten years of a felony, a felony or misdemeanor involving moral turpitude, or any crime involving the sale, possession for sale, manufacture, transportation, cultivation, or distribution of a controlled substance, shall be an owner, corporate officer, partner, manager, employee, or volunteer of a cannabis testing facility permitted under this chapter. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendre or no contest. (ii) Prior to commencing any work within or on behalf of a cannabis testing facility permitted under this chapter, each owner, corporate officer, partner, manager, employee, and volunteer must complete a current criminal history background check that demonstrates compliance with subsection (g)(13)(i). Each criminal history background check must be updated every twelve (12) months. (iii) A cannabis testing facility permitted under this section shall maintain a complete register of each owner, corporate officer, partner, manager, employee, and volunteer working for and/or associated with the cannabis testing facility, including a copy of each required criminal history background check. The register and required records must be made available for inspection by any city officer or official for purposes of determining compliance with this chapter. (iv) A cannabis testing facility permitted under this chapter shall notify the city in writing of any disqualifying conviction described in subsection (g)(13)(i) for an owner, corporate officer, partner, manager, employee, or volunteer within ten (10) days of the conviction. (v) A cannabis testing facility permitted under this chapter may submit to the Police Chief a written request for a waiver of the prohibition in subsection (g)(13)(i) with regard to a particular owner, corporate officer, partner, manager, employee, or volunteer, on the ground that such person’s involvement with the cannabis testing facility will not pose a threat to public safety. The Police Chief, in his or her unfettered discretion, may deny such a written request, subject to the appeal procedures set forth in Municipal Code Sections 1-2.13 through 1-2.16. (9) A cannabis testing facility permitted under this chapter shall provide the name, phone number, facsimile number, and e-mail address of a manager or representative who can be reached twenty-four (24) hours a day in the event that the city decides to provide notice of an operating problem associated with the cannabis testing facility. (10) Disposal of chemical, dangerous or hazardous waste must be conducted in a manner consistent with Federal, State and local laws, regulations, rules or other requirements. Cannabis waste must be made unusable and unrecognizable prior to leaving the licensed premises by grinding it and incorporating it with fifty percent (50%) non-cannabis waste. (11) A cannabis testing facility permitted under this chapter must pay any applicable taxes pursuant to Federal, State, and local law. 20 ITEM 2 | 04/20/2021 Cannabis ordinance update CPP20-0011 (12) A cannabis testing facility permitted under this chapter shall provide a secured storage area on- site. All cannabis and cannabis products shall be stored in this area during non-business hours. (Ord. 612 § 2, 2017) (13) A cannabis facility permitted under this chapter may be required to provide a video surveillance system that is accessible by the City of Atascadero, or provide for a City-owned camera on site. (14) A cannabis facility permitted under this chapter may be required to provide a security plan that outlines private security services on site for twenty-hours a day. (15) All cannabis and cannabis products shall be delivered or picked up in an enclosed facility. 9-17.010 Suspension and revocation of entitlement. (a) Suspension and Revocation. (1) Authority to Suspend or Revoke. Any permit issued for a cannabis testing facility may be suspended or revoked by the Planning Commission if it shall appear to the Commission that the permittee has violated any of the requirements of this chapter or the Municipal Code, the permittee is operating in a manner which violates the operational requirements or operational plan required by this chapter, the permittee is operating in a manner which constitutes a nuisance, the permittee’s state license under MAUCRSA has been suspended, revoked, or terminated, or the permittee is operating in a manner which conflicts with state or federal law. (2) Annual Review of Permitted Cannabis Testing Facilities. The Community Development Department and the Police Department are hereby authorized to conduct an annual review of the operation of each permitted cannabis testing facility within the City for full compliance with the business license regulations, cannabis tax collection requirements, operational recordkeeping, nuisance and all other requirements of this chapter and the Atascadero Municipal Code. A fee in an amount established by resolution of the City Council may be established in order to reimburse the City for the time involved in the annual review process. The staff may initiate a permit suspension or revocation process for any cannabis testing facility which, upon completion of an annual review, is found not to be in compliance with the requirements of this chapter or which is operating in a manner which constitutes a public nuisance. Staff may, based upon its annual review of the operation of a cannabis testing facility, place on a Planning Commission meeting agenda, a proposal to suspend or revoke a cannabis testing facility permit. (3) Except as otherwise provided in this chapter, no permit shall be revoked or suspended by the Planning Commission under the authority of this section until written notice of the intent to consider revocation or suspension of the permit has been served upon a permittee at least ten (10) days prior to the date set for such review hearing. Such revocation or suspension notice shall state the specific reasons for the proposed suspension or revocation and must have been provided to the permittee in writing prior to the hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery to the permittee, or by depositing such notice in the U.S. mail in a sealed envelope, postage prepaid (via regular mail and return receipt requested), addressed to the person to be notified at his or her address as it appears in his or her application for a permit. (Ord. 612 § 2, 2017) 21 ITEM 2 | 04/20/2021 Cannabis ordinance update CPP20-0011 9-17.011 Enforcement. The City may enforce this chapter in any manner permitted by law. Any violation of this chapter shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief. (Ord. 612 § 2, 2017) All Cannabis businesses operating within the City shall be subject to the annual review and approval of a Cannabis Permit and shall be required to provide cannabis tax payments in accordance with the City of Atascadero Municipal Code. In the case of non-payment of cannabis tax payments or the failure to comply with annual review and approval requirements or any additional City regulations, the City may revoke a Cannabis Permit at any time. 22 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton Atascadero Planning Commission Staff Report - Community Development Department Dove Creek Self-storage DEV20-0076 (Newton) RECOMMENDATION: 1. Adopt Draft Resolution A approving a conditional use permit for a Self-storage project, subject to findings and conditions of approval, OR 2. Adopt Draft Resolution B denying a conditional use permit for a Self-Storage project, based on finding(s). DISCUSSION: Background: A previous application for a mini-storage use was reviewed on this site in 2019. At that time, the City Council found that a mini-storage use could not meet one or more of the findings to approve the use permit. The project was found to be incompatible with the surrounding neighborhood and the project was denied. The applicant submitted a revised project in 2020 with a reduced development footprint with enhanced creek restoration and landscaping. The revised project was reviewed by the Design Review Committee on June 24, 2020 and November 18, 2020. The project was initially submitted with a co-working office space which triggered a zone change to add general offices to the list of allowable uses in the Public zone. The DRC recommended that this component be removed based on concerns that the combination of office space and storage space may encourage use of the facility that would be incompatible with the neighborhood. The DRC found that the design revisions enhanced the appearance of the project and the added landscaping increased compatibility with the surrounding neighborhood. However, the DRC did not reach consensus on land use compatibility, and referred the land use discussion and use permit findings to the Planning Commission. 23 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton An initial study and Draft Mitigated Negative Declaration was prepared and circulated for public comment in accordance with CEQA regulations. Certification of the draft environmental document is included in Draft Resolution A. Summary: The applicant is proposing an approximately 61,740 square foot self-storage facility with associated office, an approximately 640 square foot community meeting space, and an approximately 2,000 square-foot workshop in a total of 5 buildings. Paved drive aisles and twenty parking spaces are included. The project location includes a seasonal creek, which is proposed to be realigned and restored to accommodate development of the site. The existing drainage and creek area is somewhat degraded due to previous droughts and animal grazing. There is an existing geodesic dome shaped residence on the site that would be demolished to accommodate the project. The site would require substantial site grading in order to accommodate a flat pad for the development. Analysis: The project is located in the Public zoning district where mini-storage is listed as a conditionally allowed use and is subject to findings. The General Plan defines the public zone as follows: “Public Facilities (PUB) This designation, which applies to parcels that are publicly owned and/or house publicly operated facilities, is intended to meet the public service, institutional, educational, religious, and cultural needs of the community. This designation includes the Atascadero State Hospital, which the General Plan allows as a mental health facility use. Community facilities require large areas of land and may have specialized site location requirements. The corresponding zoning districts are P and L with appearance review required.” The City’s Zoning regulations further refine what is allowed in the public zoning district. The list of allowed uses includes typical publicly owned facilities, religious facilities, parks and related uses. The Public zoning district includes a number of conditionally allowed uses that may or may not be appropriate in all public zone locations, or uses that may require added conditions to achieve compatibility, such as the mini-storage, health care services, and RV parks. Mini-storage is currently listed as a conditionally allowed use in the Public zoning district which means it is use that may or may not be appropriate based on site specific criteria or particular project conditions. Conditional uses are those uses, which can have detrimental effects on the surrounding neighborhoods, but in some cases may be appropriate or inappropriate based on neighborhood compatibility. Conditions may be added to enhance compatibility within specific locations or to add design features above and beyond standard code requirements. 24 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton Site Design and Architecture: The conceptual building design theme is contemporary agrarian. Agrarian designs resemble agricultural use buildings with barn-like accents and roof forms. Materials include standing seam metal siding and roofing with simple gable roof forms. Building A includes a “monitor” roof element with clerestory windows for visual interest. A monitor roof element can be compared to a large cupola roof feature that extends above the primary roof. (See attachment for full design concept package). Parking There are a total of 20 parking spaces provided on site. The parking will accommodate self-storage patrons and users of the community space. The community space has been designed to be a maximum of 640 square-feet to ensure that all parking can be accommodated on-site. Landscape design The current plan includes a 6-foot wrought iron or steel picket fence surrounding the development area with landscaping adjacent to the realigned creek channel and adjacent streets. There is a retaining wall adjacent to the proposed creek channel to allow for the creation of a flat development pad. The retaining wall is proposed to be a rectangular textured block. 25 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton Signage The Atascadero Municipal Code allows for signage facing public streets. As this property is a double frontage lot, signage is permitted facing both Viejo Camino and El Camino Real. Due to the proximity of residential to this facility, a condition has been included that all signage be non-illuminated and limited to 40 square-feet per frontage in accordance with the maximum allowable size by code. 26 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton Frontage Improvements The project is conditioned to complete road improvements on both Viejo Camino and El Camino Real. Improvements include curb, gutter and sidewalk, as well as a 5-feet wide bike lane and on-street parking along Viejo Camino, to the satisfaction of the City Engineer. Additional improvements include pavement widening on Viejo Camino to meet the new frontage as well as striping and signage necessary to accommodate left-turning movements on Viejo Camino at the project entrance. The City Engineer is recommending a condition to restrict vehicular access rights along both road frontages except where the proposed driveway is to be located. This will allow limitations on driveways off El Camino Real where travel speed and turning conflicts may create safety issues. The dedication of access rights to the City does not preclude future modifications, or the addition of driveway approach locations, but places complete control regarding points of access at the discretion of the City. Neighborhood Character: In approving a Conditional Use Permit, findings must be made that the use is consistent with the General Plan and Zoning Ordinance, and that it will not be inconsistent with the character of the immediate neighborhood. The character of the neighborhood is dominated by multi-family residential and small-lot single-family residential units, churches, parks, and other non-commercial uses. The block between Viejo Camino and El Camino Real has some of the largest, flat, non-residential properties remaining vacant in Atascadero. However, much of this land is within a flood zone. Existing uses include several churches, a daycare center, a convenience store and several residences. Paloma Park is located east of Viejo Camino. The overall design of the site plan, treatment of the creek and the planned incorporation of different land uses has generally improved the scope of the project. However, the land use is still predominantly designed as a mini-storage facility and the City Council determined that a storage land use is not consistent with the neighborhood and not consistent with the General Plan. The City Council found that the project was not consistent with finding #4. The primary question for the Planning Commission remains: Can the project be designed in such a way to be consistent with finding #4, or regardless of design, is a storage use incompatible with the neighborhood? Environmental Review A Mitigated Negative Declaration and associated Initial Study was prepared for the project and sent to the State Clearinghouse for distribution to applicable State and Federal 27 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton agencies. The Initial Study identified impacts to aesthetics, air quality, biological resources, geology and soils, water / hydrology, and land use. Mitigation measures were identified that reduce all impacts to a level of insignificance. Mitigation measures are included in the conditions of approval for the use permit. A number of comments were received regarding the project’s environmental impacts. A review of comments is included below after the review of the more significant environmental concerns. Creek Realignment The project relies upon re-aligning the existing creek and using retaining walls and other features to guide water flow around the development site. General Plan Land Use Policy 8.1 speaks to maintaining natural creek flows and requires creek watercourses to remain natural and not be channelized or culverted. The proposed creek realignment will include a naturalized bottom and vegetated sloping banks. The development pad is raised above the creek channel to avoid flooding. The retaining wall for the development pad is proposed to be a natural textured rectangular block. LOC Policy 8.1: Ensure that development along Atascadero Creek, Graves Creeks, the Salinas River, blue line creeks, and natural springs, lakes, or other riparian areas does not interrupt natural flows or adversely impact riparian ecosystems and water quality. LOC Program 8.1.3: The waterways in the City shall be maintained in a natural state and concrete channelization creeks shall be prohibited. LOC Program 8.1.4: The waterways in the City shall be maintained in a natural state and concrete channelization creeks shall be prohibited. LOC Program 8.1.11: Areas subject to flooding, as identified through flood hazard overlay zoning and flood maps, shall be protected from unsound development consistent with the City's flood hazard ordinance requirements. LOC Program 8.1.13: Support the establishment and protection of floodable terraces, wetlands, and revegetation along creeks and streams. The development project will be required to be reviewed by the Army Corps of Engineers (ACE), the California Department of Fish and Wildlife (DFW), the Regional Water Quality Control Board (RWQCB), and, because the proposed development places grading in the floodway, the Federal Emergency Management Agency (FEMA). Due to the denuded character of the creek channel, restoration of the channel provides environmental benefit. 28 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton The City’s General Plan policy requires that development maintain a 20-foot setback from creeks. As of this date, the setback requirement has not been incorporated into the Municipal Code, and presently, the Water Board is asking for communities to adopt a minimum of 30 foot setback from creekways. The setback requirement is designed to address both potential flood damage and habitat protection. The subject property has been grazed for a number of years which has likely reduced the amount of riparian vegetation and definition of this ephemeral creek. However, the biological repots completed for the site did note a defined creek channel and the creek is listed as a “blue line” creek on USGS survey maps. As such, the 20-foot setback in the General Plan would apply. The current development plan proposes to realign the existing flow path around the development pad. The reconstructed creek includes naturalized sloping banks on either side of the channel. There is a minimum 20-foot setback provided from the centerline of the proposed flow path but no setback from the top of the vegetated bank. Exceptions to the creek setback can be made by the Planning Commission through approval of a use permit. In order to approve the realignment of the creek, a finding must be made that on-site creeks, riparian areas, and site improvements will not be negatively impacted by a reduced creek setback. Stormwater and Wetlands The US Fish and Wildlife Service (FWS) online “Wetland Mapper” tool indicates approximately 1.8 acres of the 4.2-acre site may be jurisdictional wetlands. The project biologist visited the site in 2019. The biologist identified 0.14 acres of State jurisdictional wetland area and no wetland areas under Federal jurisdiction based on qualifying criteria. Due to recent drought conditions the amount of qualifying designated wetland areas may be less than was surveyed in 2019. The project is conditioned, and mitigation measures were identified that allow for determination of on-site wetland impacts at the time of permit and review by applicable agencies. Should wetland impacts exist, the applicant may be required to provide an enhanced habitat area on-site. Based on the proposed site plan, staff believes that ample area exists should reviewing agencies require on-site mitigation. Flood Zone The Paloma Creek watershed area is subject to periodic flooding. About half the subject property is in a 100-year flood zone (has a 1% chance of flooding in any year). Another substantial portion is in the 500-year flood zone (has a 0.2% chance of flooding in each year). The applicant will need to apply for a Conditional Letter of Map Revision (CLOMR) from FEMA as the project will modify the hydrologic character of a floodway. After construction, the Flood Insurance Rate Map (FIRM) must be revised to reflect the impact of the project and re-map a revised flood plain. 29 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton Flood Zones The plan was reviewed by the applicants engineer and no downstream impacts are expected to occur. Should the project be approved, an engineer will be required to submit a final hydrology analysis with building permits proving that no impacts will occur to downstream properties as a result of the project. The development will be required to meet State required post-construction performance requirements and City Flood Control requirements per Standard Specifications Section 5. CEQA comments Comments related to the Mitigated Negative Declaration and proposed mitigation measures were received from the Northern Chumash tribal representatives and the Air Pollution Control District (APCD). The APCD requested additional mitigation measures be included related to permitting requirements and additional construction equipment restrictions based on the proximity of the project site to sensitive receptors (residences and day care centers). Applicable measures have been included in the project Mitigation Monitoring Program (Exhibit B to resolution A). Tribal representatives also expressed concerns about potential tribal resources due to the ephemeral creek and historic wetlands. Archeological monitoring is included as part of the Mitigation Monitoring Program, however, concerns were also expressed about the realignment of the creek channel. In order to approve the project, the Planning Commission must find that no negative impacts to the creek will result in the realignment as discussed above. 30 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton Findings In order to approve a conditional use permit, findings must be made to ensure consistency with city regulations and compatibility with the surrounding neighborhood. For project approval, all findings must be made in the affirmative. Most importantly, findings must be made to support neighborhood compatibility, General Plan consistency, and findings that ensure that the use will not be detrimental to the health, safety or welfare of the community. 1. Finding: The proposed project or use is consistent with the General Plan The General Plan includes policies and programs aimed at enhancing the City’s visual character and promoting economic viability. For example, the City Land Use Element provides the following: LOC3 promotes the transformation of El Camino Real into a distinctive and attractive commercial, office, and industrial park area which can provide for the long term economic viability of the community. LOC13 provides policies and programs aimed at establishing a range of employment and business opportunities to provide a sound economic base and ensure that new development generates sufficient revenue to support public service needs and quality environmental, social, and educational opportunities. LOC14 encourages land uses that provide jobs and services for residents that fit within the city’s character. Mini-storage uses are not sales tax generating uses however, some increase in property taxes will be realized from the redevelopment of the site. In addition, mini- storage uses are required to pay an additional business tax of $2 per storage unit per year. There are currently 8 mini-storage facilities in Atascadero. 2. FINDING: The proposed project or use satisfies all applicable provisions of the Zoning Ordinance The Zoning Ordinance establishes property development standards such as height, setbacks, parking and other standards. The proposed mini-storage facility can be permitted though the Conditional Use Permit process as identified in the Municipal Code. The proposed structures and site plan meets applicable standards for commercial development listed in the Municipal code, as conditioned. 3. FINDING: 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 31 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton The proposed mini-storage facility will be located on a double frontage lot between El Camino Real and Viejo Camino adjacent to residential, commercial, and park uses. The site design has been reviewed by all City departments for consistency with code requirements. The project is proposed to have one access point off of Viejo Camino Rd. The project will be required to construct frontage improvements along Viejo Camino Rd that will ensure safe traffic patterns in and out of the site in additional to existing park and residential traffic. 4. FINDING: The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development The proposed project is consists of a predominantly mini-storage facility within a neighborhood dominated by residences and parkland. The applicant has worked to design the project for visual compatibility with the vicinity. However, the City Council previously found the nature of the land to be inconsistent with the character of the neighborhood and to approve the project, findings must be made that the revised project includes design features that negate incompatibilities with the surrounding neighborhood. 5. FINDING: 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 The proposed mini-storage facility will be accessed off of Viejo Camino. Mini- storage facilities are very low traffic generating uses and Viejo Camino, with required improvements, will be able to accommodate any increases in traffic resulting from the proposed project. The addition of a community meeting space will generate some additional traffic when in use by the traffic is not expected to exceed the safe capacity of Viejo Camino or surrounding streets. 6. FINDING: The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. The Design Review Committee has reviewed the proposed project and found the site plan and elevations to be consistent with the criteria in the City’s Design Review Manual. An additional finding is required to approve the realignment of the creek. The General plan requires a 20-foot setback from the ordinary high water mark. The existing ephemeral creek has been degraded due to drought and grazing over the last few years. The project includes realignment and restoration of the creek channel. The realignment 32 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton will move the channel to accommodate the development area and will include naturalized banks. 7. FINDING: On-site creeks, riparian areas, and site improvements will not be negatively impacted by a reduced creek setback. This project includes the realignment and restoration of the existing ephemeral stream. The City’s General Plan offers numerous policies and programs designed to protect and enhance natural environmental features. The ephemeral stream currently meanders through the center of the site from a culvert under El Camino Real to a culvert under Viejo Camino. The proposed mini-storage facility design includes creek realignment and vegetation enhancement. The resulting creek channel will be adjacent to the development pad with a natural constructed channel bottom and vegetated slopes. The following policy and programs associated with warerways apply to the project: Goal LOC 8. Watershed areas of Atascadero shall be protected. Policy 8.1: Ensure that development along Atascadero Creek, Graves Creeks, the Salinas River, blue line creeks, and natural springs, lakes, or other riparian areas does not interrupt natural flows or adversely impact riparian ecosystems and water quality. Applicable Programs: 3. The waterways in the City shall be maintained in a natural state and concrete channelization creeks shall be prohibited. 4. The City shall strongly discourage underground piping, and unnecessary disturbance of creeks and streams, and encourage use of bridges and arched culverts. Any alterations required for public safety will be guided by this policy. 6. Prohibit new structures or disturbance of riparian habitat along creek banks except for restoration purposes. Policy 8.2: Establish and maintain setbacks and development standards for creek side development. Applicable Programs: 1. Adopt and maintain a creek setback ordinance that will establish building setbacks and development standards along the banks of Atascadero Creek, Graves Creek, blue line creeks and the Salinas River to ensure the uninterrupted natural flow of the streams and protection of the riparian ecosystem with flexible standards for the downtown area. 3. Prior to adoption of a creek setback ordinance an interim 35-foot creek setback shall be in effect along Atascadero Creek and Graves Creek until March 1, 33 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton 2005. All other 7.5 min USGS quadrangle blue line creeks shall have an interim 20-foot setback. The interim setbacks shall be subject to the following: a) On Atascadero Creek and Graves Creek setbacks shall be measured from the edge of the creek reservation. b) All other blue line creek setbacks shall be measured from ordinary high water mark. c) The Planning Commission may approve exceptions to the interim creek setbacks in the form of a Conditional Use Permit if the finding can be made that creeks, riparian areas and site improvement will not be negatively impacted by the exception. Should the Commission not be able to make all of the above findings in the affirmative, a resolution for denial is included for consideration. The resolution to deny the Use Permit application lists findings and facts for all of the above listed findings, however, only one finding must be made to justify project denial. If the Commission moves to deny the project, the Commission should clearly state which finding cannot be made in the affirmative and provide evidence to justify such finding. ALTERNATIVES 1. The Planning Commission may adopt draft Resolution A to approve the conditional use permit. Findings must be made to support the use permit and conditions may be added to enhance the project’s compatibility with the General Plan and with the compatibility with the neighborhood. 2. The Planning Commission may adopt Draft resolution B and deny the requested conditional use permit. The Commission should clearly state which finding cannot me made for the record. 3. The Planning Commission may continue the project to a later hearing and request that staff and the applicant provide additional information. The Commission should clearly state what information is needed. FISCAL IMPACT: Mini-storage uses pay business taxes and property taxes, therefore there will be some level of tax revenue increase following completion and occupancy of the project. ATTACHMENTS: Attachment 1: Draft Resolution A Attachment 2: Draft Resolution B Attachment 3: CEQA comment letters Attachment 4: Neighborhood comment letters 34 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton DRAFT RESOLUTION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH A MINI-STORAGE FACILITY, AND ASSOCIATED LOT MERGER, LOCATED AT 11405 VIEJO CAMINO AND 11505 EL CAMINO REAL AND CERTIFY THE PROPOSED MITIGATED NEGATIVE DECLARATION PREPAREED FOR THE PROJECT DOVE CREEK MINI-STORAGE NEWTON (DEV20-0076) WHEREAS, an application has been received from Scott Newton (215 Santa Fe, Pismo Beach, California 93449), Owner and Applicant, to consider Planning Application DEV20-0076, for a Conditional Use Permit for a mini-storage use and associated lot merger on a 2.4-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 WHEREAS, mini-storage is a conditionally allowed use in the Public (P) zoning district; and WHEREAS, the project was reviewed by the Design Review Committee at their regularly scheduled meetings on June 24, 2020 and November 18, 2020; 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 NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of Atascadero: SECTION 1. Recitals: The above recitals are true and correct. 35 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton SECTION 2. Public Hearing. The Planning Commission held a duly noticed public hearing to consider the project on April 20, 2021 and considered testimony and reports from staff, the applicants, and the public. SECTION 3. Findings. The Planning Commission makes the following findings, determinations and approvals 1. Findings for Approval of a Conditional Use Permit FINDING: The proposed project or use is consistent with the General Plan FACT: The project is consistent with the Land Use, Open Space and Circulation (LOC) Policies and Programs 1.1.7 for infill development; 1.4.1 for screening exterior lights; 2.1.3 and 7.2.3 for providing street trees; and, 8.5.3 for providing on-site stormwater management. In addition, the project is consistent with Circulation Element (CIR) Policies and Programs 1.4 for requiring a tree lined street; 1.5.1 for requiring adequate off-street parking; and 2.3.1 for providing adequate sidewalks as required for all new commercial development in the City. The General Plan also includes policies and programs aimed at enhancing the City’s visual character and promoting economic viability. LOC3 promotes the transformation of El Camino Real into a distinctive and attractive commercial, office, and industrial park area which can provide for the long term economic viability of the community. In addition, LOC13 provides policies and programs aimed at establishing a range of employment and business opportunities to provide a sound economic base and ensure that new development generates sufficient revenue to support public service needs and quality environmental, social, and educational opportunities. LOC14 also encourages land uses that provide jobs and services for residents that fit within the city’s character. The project, as proposed, will provide additional service to surrounding residents and provide increased property taxes once the site has been developed. FINDING: The proposed project or use satisfies all applicable provisions of the Zoning Ordinance FACT: The proposed mini-storage facility can be permitted though the Conditional Use Permit process as identified in the Municipal Code. The proposed structures and site plan are consistent with the applicable provisions of the Atascadero Municipal Code as conditioned. FINDING: 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 36 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton FACT: The proposed mini-storage facility will be located on a double frontage lot between El Camino Real and Viejo Camino adjacent to residential, commercial, and recreational park uses. The site design has been reviewed by all City departments for consistency with code requirements. The project is proposed to have one access point off of Viejo Camino Rd. The project is conditioned to construct frontage improvements along Viejo Camino Rd that will ensure safe traffic patterns in and out of the site in additional to existing park and residential traffic. FINDING: The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development FACT: The proposed project is designed the project to include landscaping along the exterior of the project to provide visual screening of the storage facility. The project includes realignment and restoration of the existing ephemeral creek. FINDING: 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 FACT: The proposed mini-storage facility will be accessed off of Viejo Camino. Mini- storage facilities are very low traffic generating uses and Viejo Camino, with required improvements, will be able to accommodate any increases in traffic resulting from the proposed project. The community meeting space is designed to meet all parking on-site. Frontage improvements are designed to accommodate community traffic. FINDING: The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. FACT: The Design Review Committee has reviewed the proposed project and found the site plan and elevations to be consistent with the criteria in the City’s Design Review Manual. 2. Findings for Exceptions to the Creek Setback FINDING: On-site creeks, riparian areas, and site improvements will not be negatively impacted by a reduced creek setback. FACT: This project includes the realignment and restoration of the existing ephemeral stream. The project will be required to meet all building code standards including soils analysis and compaction. New riparian habitat is included as part of the restoration efforts. Should wetland habitat be determined to exist on-site prior to construction, habitat restoration will be incorporated into the project as conditioned. 37 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton 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. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 20, 2021, resolved to approve a Conditional Use Permit to allow for a mini-storage facility (DEV20-0076) subject to the following: 1. EXHIBIT A: Conditions of Approval 2. EXHIBIT B: Mitigation Monitoring Program 3. EXHIBIT C: Project Design Package On motion by Commissioner _____________ and seconded by Commissioner ___________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jeff Van den Eikhof Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 38 EXHIBIT A: Conditions of Approval DEV20-0076 Conditions of Approval Conditional Use Permit Mini Storage Facility 11450 Viejo Camino / 11505 El Camino Real Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 1. This Conditional Use Permit shall be for a mini-storage facility as described in attached Exhibits, located at 11505 El Camino Real and 11450 Viejo Camino (APN 045-342-009, 045-342-010), regardless of owner. Ongoing PS 2. The approval of this use permit shall become final and effective the date of the hearing. Issuance of building permits may not occur prior to the appeal period of fourteen (14) days following the Planning Commission approval. Ongoing PS 3. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit. Ongoing PS, CE 4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months after its effective date. At the end of this time period, the approval shall expire and become null and void unless the project has received a building permit or a time extension. BP PS 5. The owner and applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning this conditional use permit. Ongoing CA Planning Services 6. A public access easement shall be provided over the area of the sewer easement to allow for a pedestrian path. The easement document shall be recorded prior to permit issuance. The easement document shall include provisions of the continued maintenance of the pathway. BP PS 7. The pedestrian pathway shall be constructed to the satisfaction of the City Engineer and shall provide a minimum of 8-feet of pavement width to accommodate maintenance/service vehicle access. Landscaping adjacent to the path shall be designed to enhance safety and visibility. Fencing shall be included between the path and the creek to limit pedestrian access to the riparian zone. Fencing shall be low split rail fencing. Fencing adjacent to the neighboring residential use property shall be privacy fencing unless transparent fencing is agreed to by the adjacent property owner. BP CE 8. The developer shall record the lot merger prior to issuance of any construction or grading permit. BP PS 9. All project signage shall be limited to 40 square-feet per frontage and shall not be illuminated whether internally or externally. BP PS 10. Development perimeter fencing shall be high-quality wrought iron fencing. Landscaping shall be installed at a density to screen the facility and fencing. Should the undeveloped portion of the site be fenced, fencing shall be split rail BP PS 39 style wood fencing. All fencing shall be maintained in perpetuity. 11. Landscaping shall be maintained in perpetuity in a manner that provides screening of the facility from the adjacent neighborhood. Any dead or deficient landscaping shall be replaced immediately, to the satisfaction of the City. BP / Ongoing PS 12. All retaining walls shall be constructed of the stamped ECO block or similar naturalized textured block consistent with EXHIB C sheet A101. BP PS 13. Street trees shall be provided along the El Camino Real and Viejo Camino frontages. El Camino trees shall be planted at 30-feet on center and shall be London Plane Sycamores. Trees along Viejo Camino shall include a variety of species and may be installed in natural groupings, subject to the approval of the City Engineer. BP PS 14. Screening landscaping shall be installed along all property frontages outside of the right-of-way. Landscape shall be designed in such a way to adequately screen any blank walls as viewed from the adjacent roads. 15. All street and on-site trees shall be maintained in perpetuity in a manner that allows the trees to grow to their natural canopy width and height. Ongoing PS 16. All mechanical equipment on site shall be screened, including all ground and roof mounted equipment, air conditioners, transformers, etc. BP / Ongoing PS 17. All utilities on site shall be installed underground. BP PS 18. Any undeveloped portions of the site shall be landscaped with native groundcovers and seed mixes and shall be maintained free of weeds or invasive species. BP / Ongoing PS 19. All mitigation measures identified in the Mitigation Monitoring Program (EXHIBIT B) are considered conditions of approval for this project and shall be adhered to and enforced as project conditions. BP / Ongoing PS Building Services 20. New buildings shall conform to all Building Code requirements including permitting, room sizes, restrooms, exiting, path of travel, etc. Inclusion of the site plan with this Conditional Use Permit does not provide relief from standard Building Codes in place at the time of submittal of building permits. The owner or applicant shall obtain a building permit prior to beginning any demolition or construction work on site. BP BS Public Works 21. A FEMA issued CLOMR must be received by the City Engineer prior to issuance of any Building Permit. BP CE 22. The entry driveway shall be designed to align with Bocina Lane to the greatest extent possible, subject to the satisfaction of the City Engineer. 23. The Developer shall construct new frontage improvements along Viejo Camino consisting of a 6-ft wide integral curb-gutter-sidewalk, and shall widen the road to complete a road section comprised of class 2 bike lanes, one travel lane in each direction, a center turn lane, and on-street parking adjacent to the development site, to the satisfaction of the City Engineer. The new driveway approach shall include an integral 4-ft wide sidewalk per San Luis Obispo County Standard Drawing Nos. B-3, B-3a and B-3c. PI CE 24. The Developer shall complete road striping and signage on Viejo Camino to accommodate left-turns into the subject property in coordination with the PI CE 40 southbound left-turn lanes to the apartment complex entrance and La Paloma Ct., to the satisfaction of the City Engineer. 25. The Developer shall construct new frontage improvements on El Camino Real consisting of a 6-ft wide integral sidewalk-curb-gutter per City Standards and to the satisfaction of the City Engineer. The alignment of the new frontage shall accommodate a 5-ft wide bike lane. The back of sidewalk shall have a shoulder sufficient to support the new sidewalk. The new frontage improvement adjacent to the existing culvert may require the construction of a pedestrian guardrail depending on the grade differential between the back of sidewalk and the adjacent grade within 5-ft. All improvements shall be to the satisfaction of the City Engineer. PI CE 26. This project shall connect to the public sewer main at a location approved by the City Engineer. BP PW 27. Any work within the public sewer easement shall not compromise the existing sewer main and shall not preclude or restrict access to the sewer main by City crews or equipment. Any work within the sewer easement shall be approved by the City Engineer. Ongoing / BP PW 28. Other conditions imposed upon this project shall not compromise the public sewer main or sewer easement and shall be subject to the approval or rejection by the City Engineer. This includes, but is not limited to, creek realignment and reconstruction. Ongoing / BP PW 29. Following completion of site grading and prior to a Final Inspection, the Developer shall obtain a FEMA LOMR (based on fill) for the revised flood zone. BP PW 30. The applicant shall record a mechanism against the property to restrict vehicular access rights along both road frontages except where the proposed driveway is to be located. Modifications may be granted in the future by the City Engineer based on proposed alterations to site use and updated traffic analysis. Fire Department 31. New facilities shall conform to all Fire Code and City Fire Department Policy requirements including, but not limited to, driveway slope and length, fire truck access, location of fire hydrants, and fire sprinklers. BP FD 32. Auto turn software shall be run on the final project design and turning diagrams shall be included as part of the building permit submittal package. BP FD 41 Exhibit B: Mitigation Monitoring Program DEV20-0076 MITIGATION MONITORING PROGRAM Dove Creek Mini-Storage DEV20-0076 MITIGATION MEASURE TIMING Aesthetics AES-1.1 All exterior lights shall be turned off between the hours of 11pm and 6am. Lights may turn on when motion is sensed. All lighting must be dimmable to maintain the low light levels of the surrounding residential and open space areas. Ongoing Air Quality AQ 2-1 Use of water trucks or sprinkler systems, in sufficient quantities to prevent airborne dust from leaving the site and from exceeding the APCD’s limit of 20% opacity for greater than 3minutes in any 60- minute period. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. Please note that during drought conditions, water use may be a concern and the contractor or builder shall consider the use of an APCD-approved dust suppressant where feasible to reduce the amount of water used for dust control. During construction AQ 2-2 All dirt stock pile areas should be sprayed daily as needed. During construction AQ 2-3 Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non-invasive grass seed and watered until vegetation is established. Prior to permit issuance AQ 2-4 All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD. During construction AQ 2-5 All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. During construction AQ 2-6 Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC During construction 42 MITIGATION MEASURE TIMING Section 23114. AQ 2-7 “Track-Out” is defined as sand or soil that adheres to and/or agglomerates on the exterior surfaces of motor vehicles and/or equipment (including tires) that may then fall onto any highway or street as described in California Vehicle Code Section 23113 and California Water Code 13304. To prevent Track Out, designate access points and require all employees, subcontractors, and others to use them. Install and operate a “track-out prevention device” where vehicles enter and exit unpaved roads onto paved streets. The track-out prevention device can be any device or combination of devices that are effective at preventing track out, located at the point of intersection of an unpaved area and a paved road. Rumble strips or steel plate devices require periodic cleaning to be effective. If paved roadways accumulate tracked out soils, the track-out prevention device may need to be modified. During construction AQ 2-8 Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. During construction AQ 2-9 All of these fugitive dust mitigation measures shall be shown on grading and building plans. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD. Prior to permit issuance AQ 2-10 An approved APCD permit or release letter shall be required prior to issuance of building permit. Prior to permit issuance AQ 2-11 Because this project is within 1,000 feet of sensitive receptors, the project applicant shall comply with the following more restrictive requirements to minimize impacts to nearby sensitive receptors. 1. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; 2. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted; 3. Use of alternative fueled equipment is recommended; and 4. Signs that specify no idling areas must be posted and enforced at the site. During Construction Biological Resources 43 MITIGATION MEASURE TIMING BIO 1-1 Pre Construction Surveys for Roosting Bats: Within 30 days prior to removal of existing structures and/or mature trees, a sunset survey shall be conducted by a qualified biologist to determine if bats are roosting on site. If bats are present, a follow-up acoustic monitoring survey shall be completed to determine, if feasible, which species are present. If roosts of special-status bat species are identified and will be impacted during the proposed project, CDFW will be consulted to determine appropriate measures to be implemented. If it is determined that no special-status bats are present, the project shall proceed under the guidance of a qualified biologist, in a manner that minimizes impacts to individual bats and roosts (e.g., conducting work only during the day or installing one-way exclusions prior to work). Prior to permit issuance BIO 1-2 Pre Construction Surveys for Nesting Birds: If work is planned to occur between February 1 and September 15, a qualified biologist shall survey the area for nesting birds within one week prior to activity beginning on site. If nesting birds are located on or near the proposed project site, they shall be avoided until they have successfully fledged or the nest is no longer deemed active. A non-disturbance buffer of 50 feet will be placed around non-listed, passerine species, and a 250- foot buffer will be implemented for raptor species. All activity will remain outside of that buffer until a qualified biologist has determined that the young have fledged or that proposed construction activities would not cause adverse impacts to the nest, adults, eggs, or young. If special-status avian species are identified, no work will begin until an appropriate buffer is determined in consultation CDFW, and/or the USFWS. Prior to permit issuance BIO 2-1 Protection of Hydrologic Resources: Construction within and immediately adjacent to the drainage shall occur only when conditions are dry. For short-term, temporary stabilization, an erosion and sedimentation control plan shall be developed outlining Best Management Practices (BMPs), which shall be implemented to prevent erosion and sedimentation into the channel during construction. Acceptable stabilization methods include the use of weed-free, natural fiber (i.e., nonmonofilament) fiber rolls, jute or coir netting, and/or other industry standards. BMPs shall be installed and maintained for the duration of the construction period. In addition, the following general measures shall be implemented during construction: The limits of disturbance within the existing drainage feature shall be clearly shown on all sites plans and flagged within the drainages prior to project implementation. All construction personnel shall be directed to avoid Prior to permit issuance/During construction 44 MITIGATION MEASURE TIMING impacts to the areas immediately upstream and downstream of the proposed development including the existing culvert features located at El Camino Real and Viejo Camino. All equipment and materials shall be stored out of the streambed at the end of each working day, and secondary containment shall be used to prevent leaks and spills of potential contaminants from entering the stream. During construction, washing of concrete, paint, or equipment and refueling and maintenance of equipment shall occur only in designated areas a minimum of 50 feet from all drainages and aquatic features. Sandbags and/or sorbent pads shall be available to prevent water and/or spilled fuel from entering drainages. Construction equipment shall be inspected by the operator on a daily basis to ensure that equipment is in good working order and no fuel or lubricant leaks are present. BIO 2-2 Compensatory Mitigation Plan: A compensatory mitigation plan shall be developed to offset permanent impacts to jurisdictional areas. The exact details and performance criteria of the restoration plan shall be determined during agency coordination with CDFW, RWQCB, and the Corps, as necessary. Stabilization and restoration measures may include the installation of BMPs and/or revegetation using native seed mixes and plantings. Prior to project initiation, all applicable agency permits with jurisdiction over the project area (i.e., Corps, CDFW, and RWQCB) should be obtained. Additional mitigation measures required by these agencies would be implemented as necessary. Prior to permit issuance BIO 2-3 Agency Permitting: Prior to issuance of any permits for grading or construction on-site, the applicant shall obtain permits from the following agencies, and any other agencies as necessary: California Department of Fish and Wildlife US Army Corps of Engineers Regional Water Quality Control Board Any mitigation measures required by the above listed permits shall be implemented to their fullest extent. Prior to permit issuance BIO 3-1 Creek Channel Naturalization: The realigned creek shall be constructed in a manner which maintains and enhances natural flows and vegetation. The creek shall interface with the proposed development in a way which maintains appropriate setbacks and Prior to permit issuance/Permit final 45 MITIGATION MEASURE TIMING naturalization. BIO 3-2 Wetland Restoration: Should wetland impacts occur and wetland restoration be required on-site, the wetlands shall be monitored for a period of not less than 5-years. Annual reports from a qualified biologist shall be submitted to the City addressing any irrigation modifications or replanting that may be required to ensure successful naturalization of the restored wetland habitat. A contract with a qualified biologist shall be entered into prior to final of the development permit. Post construction Cultural Resources CUL 1-1 Monitoring shall occur during all site disturbance activities by either a member of the designated tribe or a qualified archeologist. Should any resources be unearthed, construction shall immediately stop and further consultation to determine resolution shall be required prior to resuming any construction activities. A contract with a monitor shall be required prior to issuance of any site disturbance permits. Contract prior to permit issuance, monitoring during construction Water Quality and Hydrology WQH 1-1 The applicant shall obtain all necessary permits form the Regional Water Quality Control Board. Prior to permit issuance WQH 2-1 Prior to issuance of any building permits, a FEMA Conditional Letter Of Map Revision (CLOMR) must be issued and received by the City Engineer. Prior to permit issuance WQH 2-2 The project design and construction shall comply with the CLOMR. Prior to a final inspection or Occupancy release, the developer must apply for and be issued a FEMA Letter Of Map Revision (LOMR) and a copy filed in the Office of the City Engineer. Prior to C of O LUP 1-1 See BIO 3-1 TRC 1-1 See CUL 1-1 46 PROJECT INSPIRATION 11405 & 11505 EL CAMINO REAL 47 COLOR BOARD 11405 & 11505 EL CAMINO REAL Standing seam metal roofingMBCI lockseam series 18” ‘Ash Grey’ Ribbed metal wall panelsMBCI PBR series ‘Burnished Slate’ Metal roll-up doorsJanus self-storage series ‘Bronze’ Aluminum StorefrontsKawneer anodized finish ‘Medium Bronze’ BUILDING A BUILDING B - BEYOND LINE OF NATURAL GRADE @PROPERTY LINE 6’ W.I. FENCE PROPERTY LINEPROPERTY LINESecurity FenceAluminum Tubing / Posts‘Black’ Split Face CMU BlockAir Vol Block - Split Face Color: '04B0467C' Horizontal Corrugated Metal SidingMBCI PBC Series ‘Medium Bronze’ 48 VIEJO CAM INOEL CAMINO REALSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSS SS SS SS SS SS SS SS SSSSSSSSSSSSBLDG. CBLDG. DBLDG. EBLDG. ABLDG. BWROUGHT IRON FENCEWROUGHT IRON FENCEWROUGHT IRON FENCESEED MIXSEED MIXSEED MIXALL STREET TREES TOBE LONDON PLANESYCAMORE, TYP.LPSLPSLPSLPSLPSLPSLPSLPSLPSLPSLPSLPSALL STREET TREES TOBE LONDON PLANESYCAMORE, TYP.A R C H l T E C T SDRAWING NO.REVPROJECT NO.DATEDRAWN BYCHECKED BYREVDATENOTESDRAWING TITLESELF STORAGE / ASSEMBLY SPACE11505 EL CAMINO REALATASCADERO, CAAPN: 045-342-010THIS WORK WAS PREPARED BY ME ORUNDER MY SUPERVISION ANDCONSTRUCTION OF THIS PROJECT WILLBE UNDER MY OBSERVATION.© 2020 LSA Architects, LLCThe designs and concepts shown are the sole property of LSAArchitects. The drawings may not be used except with the writtenconsent of LSA Architects, LLCOWNERNEWTON, SCOTT, NEWTON, JILL215 SANA FE AVE.PISMO BEACH, CA 93449LSA ArchitectsPOB 3057Pismo Beach, CA 93449808-895-2682Loch@ LSAArchitects.comSEALAPR. 2, 2021STATE OF CALI FO R NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/23 MFPLBSL100LANDSCAPE PLANA0'15'30' 60'1" = 30' - 0"SCALE:PROJECT DATAVICINITY MAPNTSPROJECT NORTH TRUE NORTH LANDSCAPE PLANSite CoverageSq. Ft.%Building Footprints47,25035.0%Paving / Concrete34,82225.8%Landscape30,06122.2%Building AreaSq. Ft.Building A5,410Building B (2 Story)28,980Building C12,100Building D11,750Building E3,500Total Building Area61,740Building A Business Area:1553 S.F. / 400 = 4 SPACESBuilding A Parking Calculations416Building A Assembly Area:16 Spaces X 40 S.F. = 640S.F. / 7 Occ. / S.F. (IBCTable 1004.1.1) = 91 MaxOccupantsProvided Spaces:2018,809Waterway / native plantingArea outside of project scopeWalking path4,176135,118Total project site area100%13.9%3.1%53,932TREESHRUBSEED MIXPERENNIAL HERB / GRASS49 11405 & 11505 EL CAMINO REALATASCADERO, CAAPN: 045-342-009 & 010 THIS WORK WAS PREPARED BY ME OR UNDER MY SUPERVISION ANDCONSTRUCTION OF THIS PROJECT WILLBE UNDER MY OBSERVATION. © 2019 LSA Architects, LLC The designs and concepts shown are the sole property of LSAArchitects. The drawings may not be used except with the writtenconsent of LSA Architects, LLC NEWTON, SCOTT, NEWTON, JILL215 SANA FE AVE. PISMO BEACH, CA 93449 SEAL STREET VIEWS A1020'5'10'20'1" = 10' - 0"SCALE: NTS PROJECT NORTH TRUE NORTH B U I L DIN G C O L O R BOARD S LSA Architects POB 3057 Pismo Beach, CA 93449 808-895-2682 Loch@ LSAArchitects.com SELF STORAGE / SHARED WORK SPACE BUILDING A BUILDING B - BEYOND BUILDING C BEYOND BUILDING D BEYOND BUILDING B BEYOND BUILDING D BEYOND BUILDING C BEYOND BUILDING B BEYOND BUILDING A BEYOND PROPERTY LINEPROPERTY LINELINE OF NATURAL GRADE @ PROPERTY LINE 6’ W.I. FENCE 6’ W.I. FENCE 6’ W.I. FENCE STREET TREES,SEE SITE PLAN STREET TREES, SEE SITE PLAN EL CAMINO VIEJO CAMINO PROFILE OF VIEJO CAMINO PROFILE OF EL CAMINO REAL BOTTOM OF BASIN, SEE GRADING PLAN BUILDING A WALKING PATH OPEN WATER CHANNEL 1/16” = 1’-0”SCALE: EL CAMINO REAL ELEVATION 1/16” = 1’-0”SCALE: NORTH PROP LINE ELEVATION 1/16” = 1’-0”SCALE: VIEJO CAMINO ELEVATIONPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINE6’ W.I. FENCE STANDING SEAM METALROOF, TYP. BUILDING D BUILDING B - BEYOND 1/16” = 1’-0”SCALE: SOUTH PROP LINE ELEVATION BUILDING E PROFILE OF WALKING TRAIL ELEVATION BOTTOM OF BASIN / WATER WAY APR. 2, 2021 S TA T E OF CA L I F O RNIALICEN S E D ARCHIT E C TLOCHSODERQUIST No. C36061 EXP. 02/28/23 50 VIEJO CAM INOEL CAMINO REALDSS SS SS SS SS SS SS SS SS SS SS SS SS SSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSSBLDG. CBLDG. DBLDG. E 210' 250' 250'5'60'4'-6"28'60'28'60'28'50'9'-7"41'55'112'BLDG. A11'-0"6'-0"HIDDEN LINE = FIREACCESS ROAD 20'MIN. WIDTH AND 28'MIN. INSIDE TURNINGRADIUS, TYP.AAAABBBBBLDG. B15' SEWEREASMNT.15'SEWEREASMNTLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL25'-0"11'-6"140 ' -0 "24'-8"24'-10"13'-0"7'24'-0"7'5'26'-8"15'-0" 5'30'-8"7'63'9'45'-6"1 HOURFIRE WALLSTAMPED ECO BLOCK SITE WALLSCREEK BED WITH NATIVE LANDSCAPETYPICAL 6'-0" HIGH WROUGHTIRON FENCE WITH LANDSCAPE BELTREGIONAL DESIGNBUILDING A - ASSEMBLY ROOM/SELF STORAGE OFFICEINCREASED PARKINGWALKING TRAIL AROUND SITEAREA OUTSIDE OF PROJECT SCOPEPROPERTY LINE PROPERTY LINE FENCEBUILDING EBUILDING B908.33' FFE898.33' FFE925.50'FENCEACCESSDRIVEACCESSDRIVEEL CAMINO REALVIEJO CAMINOENGINEERED FILLLINE OF NATURAL GRADE890.00'895.00'900.00'905.00'910.00'SITE SECTION BBBUILDING BBUILDING CBUILDING D908.7' FS908.33' FFE898.33' FFE898.33' FFE 897.83' FFE897.83' FFEACCESSDRIVEACCESSDRIVEACCESSDRIVEPARKING LOTPROPERTY LINE PROPERTY LINEFENCE890.0' SWALELINE OF NATURALGRADE890.00'895.00'900.00'905.00'910.00'925.50'915.00'914.00'LINE OF NATURALGRADEPROP. LINEFENCE / RET.WALLENGINEEREDFILLENGINEEREDFILLSITE SECTION AAA R C H l T E C T SDRAWING NO.REVPROJECT NO.DATEDRAWN BYCHECKED BYREV DATENOTESDRAWING TITLESELF STORAGE / ASSEMBLY SPACE11505 EL CAMINO REALATASCADERO, CAAPN: 045-342-010THIS WORK WAS PREPARED BY ME ORUNDER MY SUPERVISION ANDCONSTRUCTION OF THIS PROJECT WILLBE UNDER MY OBSERVATION.© 2021 LSA Architects, LLCThe designs and concepts shown are the sole property of LSAArchitects. The drawings may not be used except with the writtenconsent of LSA Architects, LLCOWNERNEWTON, SCOTT, NEWTON, JILL215 SANA FE AVE.PISMO BEACH, CA 93449LSA ArchitectsPOB 3057Pismo Beach, CA 93449808-895-2682Loch@ LSAArchitects.comSEALSTATE OF CALI FOR NIA LIC E NS ED ARCHITECTAPRIL 2, 2021LOCHSODERQUISTNo. C36061EXP. 02/28/23SITE PLANMFPLBSA101SITE PLANA0'15'30' 60'1" = 30' - 0"SCALE:PROJECT DATA#1. DRIVEWAY APRON PER CITY OF ATASCADEROSTANDARDS AND SPECIFICATIONS2. CURB / GUTTER / SIDEWALK AND BIKE LANE PERCITY OF ATASCADERO STANDARDS ANDSPECIFICATIONS3. MID-BLOCK PEDESTRIAN CONNECTION WITHINSEWER EASEMENT4. CMU RETAINING WALL5. STAMPED ECO BLOCK SITE WALL6. 6' HIGH WROUGHT IRON FENCE7. (E) CONC. SPILLWAY8. LANDSCAPE PLANTING AREA9. 9' X 18' PARKING SPACE, TYP.10. 6" CONC. CURB11. PROPOSED WATERWAY PILOT FLOW12. WALL MOUNT EXTERIOR LED DOWNLIGHT13. POLE MOUNT DOUBLE PARKING LOT LIGHTLOT NO. 5 / 62.35 ACRESZONINGP: PUBLIC FACILITIESADDRESS045-342-0010LANDUSEP: PUBLIC FACILITIESAPN11505 EL CAMINO REALATASCADERO, CA 93422LOT NO. 71.89 ACRESADDRESS045-342-0009APN11405 EL CAMINO REALATASCADERO, CA 93422SETBACKSREARFRONTSIDEHEIGHT LIMIT10 FT35 FT10 FTNONE *GENERAL ZONING ANALYSISSITE DATAVICINITY MAPNTSSITE PLAN KEYNOTESPROJECT NORTH TRUE NORTH 1223456563788888888888888896610101010101010688111" = 30' - 0"1" = 30' - 0"1212121212TYP.TYP.TYP.TYP.TYP.12TYP.131312TYP.Site CoverageSq. Ft.%Building Footprints47,25035.0%Paving / Concrete34,82225.8%Landscape30,06122.2%Building AreaSq. Ft.Building A5,410Building B (2 Story)28,980Building C12,100Building D11,750Building E3,500Total Building Area61,740Building A Business Area:1553 S.F. / 400 = 4 SPACESBuilding A Parking Calculations416Building A Assembly Area:16 Spaces X 40 S.F. = 640S.F. / 7 Occ. / S.F. (IBCTable 1004.1.1) = 91 MaxOccupantsProvided Spaces:2018,809Waterway / native plantingArea outside of project scopeWalking path4,176135,118Total project site area100%13.9%3.1%53,93251 47247 DISPLAYAREADISPLAYAREAAPR. 2, 2021STATE OF CALI FO R NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/2391 MAX OCCUPANTSSTORAGESTORAGE52 APR. 2, 2021STATE OF CALI FO R NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/2353 APR. 2, 2021STATE OF CALI FO R NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/2354 APR. 2, 2021STATE OF CALI FO R NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/2355 APR. 2, 2021STATE OF CALI FO R NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/2356 APR. 2, 2021STATE OF CALI FO R NIA LIC E NS ED ARCHITECTLOCHSODERQUISTNo. C36061EXP. 02/28/2357 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton DRAFT RESOLUTION B RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO DENYING A CONDITIONAL USE PERMIT TO ESTABLISH A MINI-STORAGE FACILITY, AND ASSOCAITED LOT MERGER, LOCATED AT 11405 VIEJO CAMINO AND 11505 EL CAMINO REAL DOVE CREEK MINI-STORAGE NEWTON (DEV20-0076) WHEREAS, an application has been received from Scott Newton (215 Santa Fe, Pismo Beach, California 93449), Owner and Applicant, to consider Planning Application DEV18-0103, for a Conditional Use Permit and Lot Merger for a mini-storage use on a 2.4-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 WHEREAS, mini-storage is a conditionally allowed use in the Public (P) zoning district; and WHEREAS, the project was reviewed by the Design Review Committee at their regularly scheduled meetings on June 24, 2020 and November 18, 2020; 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, the Planning Commission of the City of Atascadero has recommended approval of the use permit; and NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of Atascadero: SECTION 1. Recitals: The above recitals are true and correct. 58 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton SECTION 2. Public Hearing. The Planning Commission held a duly noticed public hearing to consider the project on April 20, 2021 and considered testimony and reports from staff, the applicants, and the public. SECTION 3. Findings. The Planning Commission 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 is inconsistent with the General Plan. FACT: The project is inconsistent with Land Use, Open Space and Circulation (LOC) Policies and Programs: 8.1 for protection of watershed areas 8.2 for maintenance of a creek setback In addition, the land use is inconsistent with the General Plan definition of the Public Facilities (PUB) designation. B. FINDING: The proposed project or use does not satisfy all applicable provisions of the Zoning Code (Title 9 – Planning and Zoning). FACT: C. FINDING: The establishment, and subsequent operation or conduct of the use will, 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. FACT: The establishment of a mini-storage facility will negatively alter the character of the area, which is dominated by residential and parkland uses. In addition, the realignment of the creek will alter the potential future use of the adjacent property due to setback requirements. D. 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 use is surrounded primarily by residential, parkland, child-care facilities, churches, and a seasonal creek. An 56,000 square foot mini-storage facility is incompatible with the surrounding neighborhood and is a departure from the established land use pattern. E. FINDING: The proposed use or project will generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be 59 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton 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. FACT: F. FINDING: The proposed project is not in compliance with pertinent City policy or criteria adopted by ordinance or resolution of the City Council. FACT: The project is inconsistent with goals and policies identified in the land use element to protect creekways such as Policy 8.1 and 8.2. G. FINDING: Additional findings. FACT: On-site creeks, riparian areas, and site improvements will be negatively impacted by a reduced creek setback. 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 or public review in accordance with CEQA. SECTION 5. Denial. The Planning Commission of the City of Atascadero, in a regular session assembled on April 20, 2021, resolved to deny a Conditional Use Permit for a mini- storage facility. 60 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton On motion by Commissioner _____________ and seconded by Commissioner ___________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jeff Van den Eikhof Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 61 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton Attachment 3 CEQA Comment Letters See following 62 T 805.781.5912 F 805.781.1002 W slocleanair.org 3433 Roberto Court, San Luis Obispo, CA 93401 Via Email April 8, 2021 Kelly Gleason City of Atascadero 6907 El Camino Real Atascadero, CA 93422 kgleason@atascadero.org SUBJECT: APCD Comments Regarding the Mini Storage Project (2021-0001) Dear Ms. Gleason: Thank you for including the San Luis Obispo County Air Pollution Control District (APCD) in the environmental review process. We have completed our review of the proposed project located at 11450 Viejo Camino & 11505 El Camino Real in Atascadero. The proposed project includes a 56,330 square foot mini-storage facility on a 4.2-acre site, which would include indoor storage units, a community space, caretaker’s residence, workshop, and associated improvements totaling 5 buildings. Paved drive aisles and eighteen 18 parking spaces would be included. The existing non-conforming residence will be demolished. The following comments are formatted into 2 sections. The (1) General Comment section states information pertinent to the applicant, lead agency, and/or public. The (2) Air Quality section may state mitigation measures and/or rules and requirements in whichthe APCD recommends be set as conditions of approval for the project. The applicant or agent should contact the APCD Engineering & Compliance Division about permitting requirements stated in the (1) General Comment section. The lead agency may contact the APCD Planning Division for questions and comments related to proposed conditions of approval in the (2) Air Quality section. Both Divisions can be reached at 805-781-5912. Please Note: The APCD recently updated the Land Use and CEQA Webpage on the slocleanair.org website. The information on the webpage displays the most up-to-date guidance from the SLO County APCD, including the 2021 Interim CEQA Greenhouse Gas Guidance, Quick Guide for Construction Mitigation Measures and Quick Guide for Operational Mitigation Measures. 63 APCD Comments Regarding the Mini Storage Project April 8, 2021 Page 2 of 4 (1) General Comment Construction Permit Requirements Based on the information provided, we are unsure of the types of equipment that may be present during the project’s construction phase. Portable equipment, 50 horsepower (hp) or greater, used during construction activities may require a California statewide portable equipment registration (issued by the California Air Resources Board) or an APCD permit. The following list is provided as a guide to equipment and operations that may have permitting requirements but should not be viewed as exclusive: • Portable generators and equipment with engines that are 50 hp or greater; • Electrical generation plants or the use of standby generators; and • Internal combustion engines. For a more detailed listing, refer to the Technical Appendices, page 4-4, in the APCD's CEQA Air Quality Handbook (April 2012). Operational Permit Requirements Based on the information provided, we are unsure of the types of equipment that may be present at the site. Operational sources may require APCD permits. The following list is provided as a guide to equipment and operations that may have permitting requirements but should not be viewed as exclusive: • Portable generators and equipment with engines that are 50 hp or greater; • Furniture and fixture products; and • Small scale manufacturing. For a more detailed listing, refer to the Technical Appendix, page 4-4, in the APCD's CEQA Air Quality Handbook (April 2012). Most facilities applying for an Authority to Construct or Permit to Operate with stationary diesel engines greater than 50 hp, should be prioritized or screened for facility wide health risk impacts. A diesel engine-only facility limited to 20 non-emergency operating hours per year or has demonstrated to have overall diesel particulate emissions less than or equal to 2 lb/yr does not need to do additional health risk assessment. (2) AIR QUALITY Construction Phase Impacts - Below Threshold The mitigated negative declaration evaluated the construction impacts of this project using Table 1-1 in the APCD’s CEQA Air Quality Handbook (April 2012). The results indicate that the construction phase impacts will likely be less than the APCD’s significance threshold values identified in Table 2-1. The mitigated negative declaration stated nine construction mitigation measures in Section 3 – Air Quality. These measures include some of the APCD’s language for expanded dust control measures (AQ 2.1 – AQ 2.9). The APCD recently updated this and other construction phase mitigation measures and created a Quick Guide for Construction Mitigation Measures. Please review the Quick Guide and update AQ 2.1 – AQ 2.9 with the most up to date “Fugitive Dust Mitigation Measures: Expanded List” language. In addition to the above stated measures, the APCD is 64 APCD Comments Regarding the Mini Storage Project April 8, 2021 Page 3 of 4 requiring other special conditions for the construction phase to be included in the conditions of approval for the project shown below. Limits of Idling during Construction Phase State law prohibits idling diesel engines for more than 5 minutes. All projects with diesel-powered construction activity shall comply with Section 2485 of Title 13 of the California Code of Regulations and the 5-minute idling restriction identified in Section 2449(d)(2) of the California Air Resources Board’s In-Use Off-Road Diesel regulation to minimize toxic air pollution impacts from idling diesel engines. The specific requirements and exceptions for the on-road and off-road regulations can be reviewed at the following web sites: arb.ca.gov/sites/default/files/classic/msprog/truck-idling and arb.ca.gov/regact/2007/ordiesl07/frooal.pdf. In addition, because this project is within 1,000 feet of sensitive receptors, the project applicant shall comply with the following more restrictive requirements to minimize impacts to nearby sensitive receptors. 1. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; 2. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted; 3. Use of alternative fueled equipment is recommended; and 4. Signs that specify no idling areas must be posted and enforced at the site. Proper Abatement of Asbestos-Containing Material (ACM) Demolition activities can have potential negative air quality impacts, including issues surrounding proper handling, abatement, and disposal of asbestos-containing material (ACM). ACM could be encountered during the demolition or remodeling of existing structures. If this project will include any of these activities, then it may be subject to various regulatory jurisdictions, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M - asbestos NESHAP). NESHAP requirements include but are not limited to: 1. Written notification to the APCD, within at least 10 business days of activities commencing. 2. Asbestos survey report conducted by a Certified Asbestos Consultant. 3. Written work plan addressing asbestos handling procedures in order to prevent visible emissions. Go to slocleanair.org/rules-regulations/asbestos.php for further information. Proper Abatement of Lead-Based Coated Structures Demolition, remodeling, sandblasting, or removal with a heat gun can result in the release of lead- containing particles from the site. Proper abatement of lead-based paint must be performed to prevent the release of lead particles from the site. An APCD permit is required for sandblasting operations. For additional information regarding lead abatement, contact the San Luis Obispo County Environmental Health Department at 805-781-5544 or Cal-OSHA at 818-901-5403. Additional information can also be found online at epa.gov/lead. 65 APCD Comments Regarding the Mini Storage Project April 8, 2021 Page 4 of 4 Operational Phase Impacts - Below Threshold Based on the mitigated negative declaration operational phase emission estimates using Table 1-1 in the APCD’s CEQA Air Quality Handbook (April 2012), the operational phase would likely be less than the APCD’s significance threshold values identified in Table 3-2 of the CEQA Air Quality Handbook (April 2012). Therefore, with the exception of the condition of approval below, the APCD is not requiring other operational phase mitigation measures for this project. Residential Wood Combustion Residential wood burning devices such as wood or pellet stoves or inserts installed in new dwelling units after May 15, 2020 shall have particulate matter emission rates not exceeding 2.0 g/hr and must be certified by the U.S. Environmental Protection Agency (EPA) “Step 2” New Source Performance Standard. The list of EPA certified wood stoves and inserts can be found at epa.gov/compliance/epa-certified-wood-heater-database. Additionally, residential wood burning devices such as fireplaces must comply with APCD Rule 504 to be eligible for installation in new dwelling units. The APCD encourages the use of lower emission heating alternatives that can be used in place of wood burning devices. Again, thank you for the opportunity to comment on this proposal. If you have any questions or comments, feel free to contact me at (805) 781-5912. Sincerely, JACKIE MANSOOR Air Quality Specialist JNM/jjh cc: Scott Newton, Applicant Dora Drexler, APCD Tim Fuhs, APCD Carissa Reynolds, APCD 66 67 ITEM 3 | 04/20/2021 Mini-Storage DEV 20-0076 / Newton Attachment 4 Public Comment Letters See following 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95