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HomeMy WebLinkAboutPC Resolution 2022-0002F R WED LIAR 12022 PC RESOLUTION 2022-0002 1 "' CITY OF ATASC ADERO PLANNING RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT (AMND21-0094) ALLOWING A TOOL RENTAL CENTER ADDITION TO THE EXISTING HOME DEPOT BUILDING AT 905 EL CAMINO REAL APN 049-045-001 (Home Depot) WHEREAS, an application has been received from Applicant, Home Depot c/o Janay Mommer, (905 El Camino Real, Atascadero, Ca 93422) to consider a Conditional Use Permit (AMND21-0094) to allow an expansion of their current operation to include a new tool and equipment rental center. WHEREAS, the site's General Plan Designation is Commercial Retail (CPK); and WHEREAS, the site's Zoning is General Commercial (CPK); and WHEREAS, the proposed project qualifies for a Categorical Exemption consistent with CEQA section 15301: Existing Facilities; 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 Amendment 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 Conditional Use Permit Amendment; and WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 1, 2022 studied and considered the amendment AMND21-0094. NOW THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Atascadero, California, makes the following findings, determinations and recommendations with respect to the proposed Conditional Use Permit Amendment: SECTION 1. CEQA. The Planning Commission finds as follows: 1. The proposed project has been found Categorically Exempt under Class 1, Section 15301, existing facilities, of the California Environmental Quality Act. SECTION 2. Findings. The Planning Commission finds as follows: Conditional Use Permit Amendment: 1. The proposed use is consistent with the General Plan; and Fact: The proposed tool rental center expansion center consistent with the Commercial Park designation of the General Plan and the General Plan Land Use Element Goals LOC 13 for a sound economic base and LOC 14 for attracting new business, Policies 14.2 and Land Use Program 1.1.7. 2. The proposed project satisfies all applicable provisions of the Title (Zoning Ordinance); and Fact: As conditioned, the project satisfies the provisions of the Atascadero Municipal Code. The existing parking is adequate to serve the proposed use. 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; and Fact: The proposed used is not 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. 4. That the proposed project will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and Fact: The proposed use will provide a community benefit. Residents and patrons in need of tools or large equipment can now rent for a limited period, rather than make a much larger investment and purchase the equipment in need. 5. That the proposed project will not generate an increase in noise or 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 project is an approximately 5,000 SF expansion of the existing business located off El Camino Real and the Santa Cruz/San Ramon Highway 101 offramp, which are heavily traveled roads in the City. The use is consistent with surrounding uses and will not bring excessive traffic to the area. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 1, 2022, resolved to approve Condition Use Permit Amendment AMND21-0094 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Project Design Package On motion by Commissioner Carranza 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, Hughes, Schmidt, Keen, van den Eikhof (7 ) NOES: None (0 ) ABSENT: None (0 ) ABSTAINED: None ADOPTED: March 1, 2022 CITY OF ATASCADERO, CA L20e< Jef 5 Eikhof Planning Commission Chair son ATTEST: Phil Dunsmore Planning Commission Secretary (0) Exhibit A: Conditions of Approval AMN D21-0094 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility /Monitoring PS: Planning Services 905 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department AMND21-0094 Fl: Final Inspection TO: Temporary Occupancy CE: City Engineer WW: Wastewater F0: Final Occupancy CA CityAtlomey Planning Services Conditions 1. Conditions from previous CUP project remain valid. (CUP99-011). BL PS 2. All exterior building lighting shall be fully shielded to limit light intrusion BL PS onto adjacent properties while providing for adequate perimeter safety. 3. Applicant must provide a photometric plan with building permit BL PS application. 4. Applicant shall provide a formal site plan that identifies the location of all BL PS seasonal sales, events and outdoor storage to include locations and calendar. 5. Applicant must add additional landscape screening at the southwest BL PS corner of the property to buffer visual impacts to properties. Condition 6-8 moved to separate motion 9. Any agreed modifications must be made prior to issuance of BL PS construction permit. 10. All long bed trucks do not idle on the south side of the building and per BL PS OSHA, may not idle for more than 5 minutes 11. Applicant must submit (prior to final) a copy of all project conditions to BL PS the City that will also be posted on the local Home Depot branch website as well as onsite in the manager's office. 12. This Conditional Use Permit Amendment shall allow for the Ongoing PS establishment of a Tool and Equipment Rental Center at the exiting Home Depot Business at 905 EI Camino Real described on the attached exhibits and located on APN 049-045-001, regardless of owner. 13. The approval of this Conditional Use Permit Amendment shall become Ongoing PS 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. 14. 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%, and/or (2) result in a superior site design or appearance. Conditions of Approval / Mitigation Monitoring Program Timing cense 905 El Camino Real BL,GP GraBusdiessL nnit GP: Grading Permit BP: Building Permit FI: Final Inspection AMND21-0094 TO: Temporary occupancy F0: Final Occupancy 15. Approval of this Conditional Use Permit Amendment shall be valid for twenty-four (24) months after 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. If the use is established and becomes vacant, establishment of a similar use shall be done in accordance with the City's non -conforming use code. 16. The 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 Amendment. Responsibility /Monitoring PS: Planning SeMces BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA City Attorney