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HomeMy WebLinkAboutPC Resolution 2022-0001PC RESOLUTION 2022-0001 ,"►PPRflVED 7�7 FEB 15 2022 CITY OF ATASCADERO PLANNING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING USE21-0083, TO ALLOW A SALES YARD AND EQUIPMENT RENTAL BUSINESS IN THE INDUSTRIAL ZONE ATASCADERO HAY AND FEED 6501 VIA AVENUE WHEREAS, an application was received from Kevin Buffett, 6155 Via Avenue, Atascadero, CA 93422, (tenant and applicant) for a Conditional Use Permit to allow for a Sales Yard with Equipment Rental at 6501 Via Ave (APN 028-201-004); and WHEREAS, the site has a General Plan Designation of Industrial; and WHEREAS, the property is in the Industrial (I) zoning district; and WHEREAS, the Design Review Committee reviewed the design of the project at a timely and properly noticed meeting on January 27, 2021; 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 was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said conditional use permit; and NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Atascadero: SECTION 1. CEQA. The Planning Commission finds as follows: 1. The proposed project is Categorically Exempt (Class 1) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15301, because it consists of the leasing of an existing private facility with negligible expansion beyond existing use. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: FINDING: The proposed project or use is consistent with the General Plan. FACT: Outdoor Sales Yard and Equipment Rental is consistent with the General Plan as an allowed use in the Industrial zone. FINDING: The proposed project or use satisfies all applicable provisions of the Zoning Regulations of the Atascadero Municipal Code. FACT: The proposed equipment rental and sales yard, and use of an existing office building, meets all applicable provisions of the Zoning Ordinance as a conditionally allowed use in the zoning district 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. FACT: The proposed equipment rental and sales yard, and use of an existing office building, include minor improvements to the property. The proposed use will not be detrimental to the health, safety, or welfare of the general public or nearby residences. 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 equipment rental and sales yard, and use of an existing office building, has been reviewed by the Design Review Committee and is designed to be consistent with the character of the immediate neighborhood and includes improvements. The proposed use will not be inconsistent with the character of the surrounding area. 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 equipment rental and sales yard, and use of an existing office building, does not generate any traffic beyond the normal traffic volume of the surrounding neighborhood. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 15, 2022, resolved to approve Conditional Use Permit USE21-0083, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Landscape Plan On motion by Commissioner Schmidt, and seconded by Vice Chairperson Keen, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Carranza, Heath, Schmidt, Keen, van den Eikhof (6 ) NOES: None (0 ) ABSENT: Commissioner Hughes ( 1 ) ABSTAINED: None ADOPTED: February 15, 2022 CITY OF ATASCADERO, CA Je en Eiko Planning Commission Chairperson ATTEST: Phil Dunsmore Planning Commission Secretary (0) EXHIBIT A- Conditions of Approval USE 21-0083 Conditions of Approval Timing USE21-0083 6501 Via Avenue BL: Business License GP: Grading Permit Atascadero Hay and Feed Outdoor Sales Yard BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Planning Conditions 1. This Conditional Use Permit shall allow the land use of Outdoor Sales and Equipment Ongoing Rental at 6501 Via Ave. described in the attached exhibits and located on APN 028- 201-004. 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The approval of this use permit shall become final and effective for the purposes of Ongoing issuing building permits fourteen (14) days following the Planning Commission approval unless an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance, 4. The Community Development Department shall have the authority to approve the BP 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 Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 5. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months after BP its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit and started construction on the project. 6. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its Ongoing agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the construction or use of the detached accessory structure. 7. The type of rental equipment onsite is limited to small equipment such as mini Ongoing excavators, small tractors, riding lawnmowers, etc. No oversized heavy equipment such as excavators, backhoes, bulldozers, cranes, etc. without amendment to the conditional use permit. 8. No sub -lease of the building or site may occur unless otherwise approved by the City. Ongoing 9. No other land use shall be allowed in conjunction with the outdoor sales lot unless Ongoing specifically approved by the City. 10. No storage, paving, stockpiling, grading, or use of the site shall be allowed beyond the Ongoing area identified in the site plan for active use and within 30 feet of the top of the bank of Atascadero Creek. 11. All new fences shall be wood or vinyl coated with a neutral color. Any vinyl coated Ongoing fences shall be screened with evergreen vegetation, with the exception of the fence along the creek. 12. The three testing wells shall be removed or protected by a low barrier as shown on Ongoing the Exhibit C. 13. Barbed wire shall not be installed anywhere on the site. Ongoing 14. All signs shall conform to AMC 9-15. Ongoing 15. Trash facilities shall meet Cal Green requirements. Applicant shall include details of BP/ Ongoing proposed trash enclosure with construction permit. The trash enclosure shall be designed to the satisfaction of the Community Development Department. 16. The Applicant shall submit a landscape and irrigation plan with submittal of BP/ Ongoing construction documents. The landscape plan shall be consistent with what is shown in Exhibit C and include native, drought tolerant species to the satisfaction of the Community Development Department. The landscaped area above the existing septic system shall contain native, drought tolerantspecies. Public Works Conditions 17. Frontage improvements are required prior to finalization of the building permit, including installation of new sidewalk and accessible driveway approach integral to the existing curb and gutter, per City Standards. 14. 18. Verify Finished floor elevation of (E) Building on Construction permit submittal- Exhibit B shows 844, but contours around shown as 845. Update FF elev. or contours, whichever applies.