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HomeMy WebLinkAboutPC Resolution 2022-0007APPROVED PC RESOLUTION 2022-0007 (175�AAY 3 2022 CITY OF ATASCADERO RESOLUTION OF THE PLANNING COMMISSIO�LANRINO OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (USE22-0027) ALLOWING THE EXPANSION OF AN EXISTING ANIMAL SHELTER AND SPAY/NEUTER FACILITY APN 049-141-043 (Woods Humane Society) WHEREAS, an application has been received from Applicant, Woods Humane Society, to consider a Conditional Use Permit (USE 22-0027) to allow the expansion of their animal shelter and spay/neuter clinic in the Public zoning district; and WHEREAS, the site's General Plan Designation is Public (P); and WHEREAS, the site's Zoning is Public (P); and WHEREAS, the proposed project qualifies for a Categorical Exemption consistent with CEQA section 15332: Infill Development Projects; 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 May 3, 2022, studied and considered the Conditional Use Permit USE 22-0027. 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 15332, Infill Development, 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 animal shelter expansion and spay/neuter service use at this location is consistent with the Public Facilities designation of the General Plan and the General Plan Land Use Element Goals LOC Policy 1.3 for enhanced appearance of commercial corridors. The proposed expansion also achieves LOC Policy 13.1 by providing a convenient location of a service needed by local residents. LOC Policy 14.1 is also achieved with the expansion by encouraging existing uses to continue providing necessary services. 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 project has been designed in a way that meets Municipal Code standards. 3. 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. The project has a substantial setback from the adjacent residential neighborhood. The noise study has provided data that has guided staff to making appropriate mitigation measure to minimize potential negative impacts. 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 project is expanding on the current use in the Public zone. The Public Zone is intended for public and quasi -public land uses. An animal shelter fits within this category. Therefore, the use will remain consistent with the character of the neighborhood since it will not be significantly changing with the expansion. 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 off of Ramona Road and is an expansion on a current use. 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 May 3, 2022, resolved to approve Conditional Use Permit Use 22-0027 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Proposed site plan EXHIBIT C: Elevations EXHIBIT D: Floor plan EXHIBIT E: 3D renderings EXHIBIT F: Landscape Plan On motion by Commissioner Anderson, and seconded by Commissioner Hughes, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Heath, Hughes, Schmidt, van den Eikhof (5 ) NOES: None (0 ) ABSENT: Commissioner Carranza, Vice Chairperson Keen (2 ) ABSTAINED: None (0 ) ADOPTED: May 3, 2022 CITY OF ATASCADERO, CA Je v 1 of Planning Commission Chairpers ATTEST: Phil Dunsmore Planning Commission Secretary Exhibit A: Conditions of Approval USE 22-0027 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility /Monitoring PS: Planning Services 2300 Ramona Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Woods Humane Society FI: Final Inspecdon TO: TemporaryOccupancy CE: City Engineer WW: Wastewater F0: Final Occupancy CA: City Attorney USE 22-0027 Planning Services Conditions 1. This Conditional Use Permit shall allow for the expansion of an existing Ongoing PS Animal Shelter/ Spay and Neuter Facility use at 2300 Ramona Road described on the attached exhibits and located on APN 049-141-043, regardless of owner. 2. Conditions from previous Conditional Use Permit projects not Ongoing PS specifically amended remain valid (CUP 97-002, CUP 2002-0056, PLN2016-1621). 3. 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. 4. 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. 5. 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. 6. 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. 7. Exterior yards shall be used only within hours of 9am to 5pm daily. Staff Ongoing PS must be present with dogs outside at all times. No dogs shall be left unattended in outdoor exercise yards. Noise levels must be adhered to per AMC 9-14.05. 8. The applicant shall provide a minimum of 37 parking spaces on a Ongoing PS paved surface in good repair. Conditions of Approval / Mitigation Monitoring program Timing Responsibility - - - /Monitoring PS: Planning Services 2300 Ramona Road BL: Business license GP: Grading Permit BS: Building Services.... FD: Fire Department BP: Building Permit PD: Police Department Woods Humane Society FI: Finallnspecton TO: Temporary Occupancy CE: City Engineer Mwastewater FO: Final Occupancy CA: City Attomey USE 22-0027 9. New lighting shall conform to the standards of Atascadero Municipal BP/Ongoing PS Code 9-4.137 for exterior lighting. All pole lighting shall be shielded from neighboring ro erties and buildings. 10. Elevations shall incorporate high quality materials and shall be BP PS consistent with the colors and design shown in Exhibit C. 11. Fencing shall be installed consistent with what is shown in Exhibit F. BPI Final PS _ Vinyl coated chain link fencing shall be a neutral color and shall be fully screened with evergreen vegetation per AMC standards. Solid vinyl fencing be a neutral grey or tan color. 12. All mechanical equipment on site shall be screened, including all BP/ Final PS ground and roof mounted equipment, air conditioners, transformers, etc. 13. All new utilities on site shall be installed underground. Final PS 14. The applicant shall provide water -efficient landscaping and irrigation BP/Final PS generally consistent with Exhibit F with building permit submittal. Landscaping shall be installed prior to requesting a final planning inspection. _All landscaping installed as required as part of this approval shall be irrigated and maintained in a matter that allows the landscaping to thrive and grow. 15. Wall signs and directional signs shall conform to the limitations of the Ongoing PS Atascadero Sign Ordinance. 16. Trash enclosure must be consistent with what`is shown in Exhibit G. A BP/Ongoing PS 6 -foot tall CMU block wall shall be installed as shown in Exhibit B. The CMU block wall shall be in a color that blends in with the surrounding area, to the Satisfaction of the Community Development Director. Any damage to the wall occurring from repair, maintenance, access or replacement of the sewer pipe is the responsibility of the property owner or tenant to repair. 17. The Use Permit shall be subject to additional review upon receipt of Ongoing PS noise or operational complaints. Additional mitigation may be warranted upon verification of recurring noise or operational disturbances that impact residential properties. Public Works Conditions Stormwater 18. The final Stormwater Control Plan (SWCP) and supporting hydrology report shall be approved by the City Engineer prior to issuance of any building permit, in accordance with the State regulations (Regional Water Quality Control Board Res. No. R3-2013-0032). Indicate in report in greater detail how Performance Requirement #1 was met concerning the minimization of the impervious areas, including the consideration of alternative materials such as pervious pavers or concrete in the proposed walkways and parking areas. Conditions of Approval / Mitigation Monitoring Program Timing Responsibility (Monitoring 2300 Ramona Road Woods Humane Society USE 22-0027 BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA City Attorney 19. Prior to a final inspection the following City Stormwater documents shall be completed and approved by the City Engineer: • ATAS - SWP-1001 Engineer Certification Form • ATAS - SWP-1003_OwnerAgentlnfo • ATAS - SWP-1007 Exhibit_ B_ Instructions_ SCM FORM • ATAS - SWP-1008 Stormwater System Plans and Manuals • ATAS - SWP-2002 Stormwater O&M Process and Form Instructions • ATAS - SWP-3001—Stormwater System O&M Agreement • ATAS - SWP-3002 Private Stormwater System Recorded Notice Email publicworksCcDatascadero.org for copies of the above City templates. 20. If total site disturbance exceeds one acre, a Storm Water Pollution Prevention Plan (SWPPP) is required prior to any ground disturbing activities. The WDID number provided upon acceptance of the SWPPP into the State's SMARTS system registration shall be noted on the Title Sheet of the Plans. 21 An Erosion Control Plan (with notes and details) is required at Building permit and must reference Best Management Practices (BMPs) as defined by CASQA and/or City of Atascadero standards and specifications. Place a note on the plans stating that erosion control measures shall remain in place and be maintained throughout all ground disturbing operations until vegetation has been re- established over approximately 70% of the disturbed area. Flood Control Basins 22. Flood control basins are utilized in the City of Atascadero depending upon site conditions: Retention basins, Detention basins, and Subsurface Infiltration Basins. In all cases, the Project Engineer shall provide evidence that the basin will completely drain within 72 hours, to the satisfaction of the City Engineer. Retention Basin. Any drainage basin which is used as a terminal disposal facility shall be classified as a retention basin. a. Basin Capacity. The basin capacity is to be based on the theoretical runoff from a 50 -year storm, 10 -hour intensity for 10 -hour duration. No reduction in required capacity shall be given for soil percolation rates. b. Percolation Test Required. A minimum of 3 percolation tests per basin shall be submitted to the City Engineer for review and approval prior to approval of the plans. The project engineer shall submit calculations and a report demonstrating the basin will drain within seven -days of a single storm event as noted above. Deep soil borings may be required in areas where there is concern of shallow depth to groundwater or bedrock. Percolation tests shall be performed at depths below the basin bottom. Overflow Path Kequirea. i ne design of aii arainage basins shall identity the aesignated route for overflow. The Project Engineer shall design the overflow path so that the flow in a 100- year storm is non-erosive and will not damage downstream improvements, including other basins. Easements may be required for concentrated flows across multiple properties. Conditions of Approval / Mitigation Monitoring Program Timing Responsibility /Monitoring PS: Planning Services 2300 Ramona Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Departrnent BP: Building Permit PD: Police Department Woods Humane Society FI: Final Inspection TO: TemporaryOccupancy CE: City Engineer WW: wastewater F0: Final Occupancy CA CityAttomey USE 22-0027 Utilities 23. The project has requested connection to the City's sanitary sewer system in San Ramon Road in Tract 2495 Apple Valley. After preliminary design discussions with the applicant, the City Engineer has confirmed that the connection is feasible, and has requested the sewer be extended to Ramona Road. The applicant shall be responsible for the design and installation of public sewer from Ramona Road, through the property and to San Ramon Road in accordance to City Standards and Specifications and to the satisfaction of the City Engineer, for acceptance by the City for operation and maintenance after final approval. A separate Public Improvement Plan set for the sanitary sewer project will be required at time of building permit submittal for review and approval by the City Engineer. The City requests sewer extension to Ramona Road at the deepest point feasible, to allow for future connection by neighboring parcels. The alignment shall continue down the proposed driveway adjacent to the site's northern property line, within a 20' Public sanitary sewer easement, across a City -owned lot within Tract 2495, then connecting to the sewer main in San Ramon. Recordation of the 20' Public sanitary sewer easement, prepared by a licensed surveyor, is required prior to final. 24. Public improvement plans (PIPs) shall be prepared by a licensed civil engineer. PIPs shall be prepared on 24"x36" plan sheets, use the City Standard border and signature block, and shall comply with Section 2 of City Standard Specifications. All plans shall contain the City of Atascadero "Standard Notes for Improvement Plans" on file in the City Engineer's office. The sanitary sewer main shall be a minimum of eight (8) inches in diameter. Sewer Manholes shall be placed at changes in slope and every 400'. 25. Each building to be served by the wastewater collection system shall pay all sewer fees prior to the issuance of a building permit. Concurrently with construction of City sanitary sewer main, two new sewer laterals are required to serve the buildings on the property, one for the existing building which is to remain, and one for the new building. At time of building permit, provide anticipated wastewater flow and characterization (BOD) information for the buildings for City analysis of the sewer capacity charges. Size and slope of laterals must meet plumbing code requirements. 26. Abandon existing septic system per City Local Area Management Program (LAMP) requirements. Frontage Improvements 27. A separate encroachment permit is required for the new driveway approaches and any work within a public Right -of -Way or easement. 28. The gates proposed at the driveways at the front of the property shall be placed a minimum of 20' back from edge of pavement, preferably 20' setback from City right of way, and should open inward toward the property 29. Proposed driveways must meet City standard 425 for areas without curb, gutter and sidewalk. 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