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Home My WebLink AboutPC Resolution 2022-0003A PF L61'0V EG �7MAR 15 2022 PC RESOLUTION 2022-0003 CITY OF AT SCADERP PLANNNG RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (USE22-0024) ALLOWING A MANUFACTURING, REPAIR, AND PROCESSING- LOW INTENSITY USE IN THE COMMERCIAL RETAIL ZONING DISTRICT 8850 Santa Rosa Road I APN 056-141-018 (Brown Butter Cookie Company) WHEREAS, an application has been received from Applicant, The Little Market Inc.; Brown Butter Cookie Co. to consider a Conditional Use Permit (USE 22-0024) to allow Manufacturing, Repair, and Processing -Low Intensity Service Use in the Commercial Retail zoning district; and WHEREAS, the site's General Plan Designation is Commercial Retail (CR); and WHEREAS, the site's Zoning is General Commercial (GC); 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 Minor 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 Conditional Use Permit; and WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 15, 2022, studied and considered the Conditional Use Permit USE 22- 0024. 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: 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: 1. The proposed use is consistent with the General Plan; and Fact: The proposed Manufacturing, Repair, and Processing -Low Intensity service use at this location is consistent with the General Commercial 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 businesses, 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 would fill a vacant space located in a commercial retail zone. The change of use will remain consistent with the character of the neighborhood, as there are no proposed outdoor changes to the building. 5. That the proposed 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 project is located at the corner of Santa Rosa Road and West Front Road. 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 15, 2022, resolved to approve Conditional Use Permit Use 22-0024 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Proposed Tenant Improvements On motion by Vice Chairperson Keen and seconded by Commissioner Anderson, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners Anderson, Carranza, Heath, Schmidt, van den Eikhof (6) NOES: None (0) ABSENT: Commissioner Hughes (1) ABSTAINED: None ADOPTED: March 15, 2022 CITY OF ATASCADERO, CA Jeff n Eikhof Planning Commission Chairpe n ATTEST: Phil Dunsmore Planning Commission Secretary (0) Exhibit A: Conditions of Approval USE 22-0024 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility /Monitoring PS: Planning Services 8850 Santa Rosa Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Pemut PD: Police Department USE 22-0024 FI: Final Inspection TO: Temporary Occupancy CE: City Engineer WW: Wastewater F0: Final Occupancy CA: City Attorney Planning Services Conditions 1. This Conditional Use Permit shall allow for the establishment of a Ongoing PS Manufacturing, Repair, and Processing -Low Intensity Service use at 8850 Santa Rosa Road described on the attached exhibits and located on APN 056-141-018, regardless of owner. 2. The approval of this use permit shall become final and effective for the Ongoing PS 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 Community Development Department shall have the authority to BL PS 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. 4. Approval of this Conditional Use Permit shall be valid for twenty-four BL PS (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. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing CA 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. 6. Off-street parking shall be provided at a minimum ratio of 1 space per Ongoing PS 500 sq. ft. of floor area. 7. Tenant Improvements shall be consistent with what is shown in Exhibit Ongoing PS B. Colors and materials shall match the existing facade. PS PS 8. All signs shall meet municipal code standards. Ongoing Ongoing 9. Four (4) 15 -gallon trees are to be planted onsite as shade trees for the parking lot. These trees can include Coast Live Oaks, Valley Oaks, Chinese Pistaches, London Sycamores, or Ornamental Pears. 10. Trash enclosure must meet newly adopted trash enclosure standards. Ongoing PS I Exhibit B: Proposed Tenant Improvements USE 22-0024 APF1r..ATO% f OR I+MR(MMERT S STAMLM STEEtWALL F9WAKTKNf ---� BSNAVONMEASH V WWWRLHMil Itid WAS Ur TRP K"*T VM"ASMG NRA DOOR •. tOWARTARKT SM - ' TAST91�� STA9ICTURF EASlWCiilf GSNWASNER CRA.NOOEL AN NAMOWAMMG MW - T1" 1 0 EC 3R 13 LMKITEE M"" J NUCCMSSRU<MNI 7rtnm 0 tr W.NFRPONALL WALLSMMAREA t l KE7 i :4'XPY �7t'XTY KAK - 1W -,W, -NFO r REFRCCRK:URiRW. 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