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HomeMy WebLinkAboutAUP_2023-05-31_AgendaPacketADMINISTRATIVE USE PERMIT HEARING Updated 11-1-2022 The Administrative Use Permit Meeting will not be physically open to the public and Staff will be teleconferencing into the meeting. HOW TO OBSERVE THE MEETING: To maximize public safety while still maintaining transparency and public access, you may join the Zoom webinar from your computer, tablet, or smartphone by visiting: To join the virtual hearing: (No passcode required) https://us02web.zoom.us/j/84567568854?pwd=UytsbTU1OVB3N2JYQVVJQmlMT1FaZz09 Webinar ID: 845 6756 8854 HOW TO SUBMIT PUBLIC COMMENT: Members of the public are highly encouraged to participate in live public comment through the Zoom platform using the link above or by calling the number below to listen and provide public comment via phone. US: +1 (669) 900-6833 (and use *9 to raise your hand to speak) If you wish to provide written public comment, please email your comments to aup- comments@atascadero.org by 5:00 pm the day before the meeting. Such email comments must identify the Agenda Item Number in the subject line of the email. The comments will be forwarded to the Zoning Administrator and made a part of the administrative record. If a comment is received after the deadline for submission but before the close of the meeting, the comment will still be included as a part of the administrative record of the meeting but will be forwarded to the Zoning Administrator the next business day. Please note, email comments will not be read into the record. 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. Administrative Use Permit agendas and staff reports may be viewed on the City's website: www.atascadero.org. Final Action Reports will be available after the meeting, and upon request from the Community Development Department. 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. All documents submitted by the public during AUP meetings that are either read into the record or referred to in their statement will be noted in the audio recording and available for review by contacting the Community Development Department. All documents will be available for public inspection during City Hall business hours by appointment request. C ITY OF A TASCADERO COMMUNITY DEVELOPMENT DEPARTMENT 6500 PALMA AVE ▪ ATASCADERO, CA 93422 ▪ (805) 461-5035 Administrative Use Permit Hearing A G E N D A *MEETING WILL BE HELD VIRTUALLY* The City of Atascadero’s Zoning Hearing Officer will hold a VIRTUAL public hearing at 2:00 p.m. on Wednesday, May 31, 2023 at City Hall to consider the following project: 1. 8965 EL CAMINO REAL (USE23-0044) The application is to allow for a wholesale and distribution use on APN 030-501-006. The project is exempt from the California Environmental Quality Act (CEQA) under Categorical Exemption §15301, Class 1: existing facilities. Staff recommendation is to approve the project, subject to conditions. (Sam Mountain, Assistant Planner) PLEASE NOTE: Any court challenge to the actions taken at the public hearing may be limited to considering only those issues raised at the public hearing described in this notice or in written correspondence to the City of Atascadero at, or prior to, the public hearing. Any decision of the Hearing Officer is final unless appealed to the Planning Commission within 14 days of the action. Any person aggrieved by the decision may file an appeal. Appeal forms are available in the Community Development Department or on the City’s website (www.atascadero.org). The fee for filing an appeal is $1,530 and must accompany the appeal documentation. C ITY OF A TASCADERO COMMUNITY DEVELOPMENT Administrative Hearing Agenda Report ITEM # 1 FROM: Sam Mountain, Assistant Planner MEETING DATE: May 31, 2023 FILE NUMBER: USE23-0044 PROJECT ADDRESS: 8965 El Camino Real SITUATION: The applicant, Joshua Berg, is proposing to use a commercial tenant space at 8965 El Camino Real as a Wholesaling and Distribution Center. The property would be used for Beautiful Feet Books, an e-commerce business which designs, sells, and distributes homeschooling curriculum for K-12 students by mail. The business employs 14 people, with 11 employees working on-site and 3 fully remote. In a supplemental letter to Planning staff, Mr. Berg elaborated that the business ships and receives books via FedEx, UPS, and USPS, and that the majority of deliveries would take place between 2pm and 4pm. The business does not engage in any manufacturing, printing, or other industrial practices. The business is currently headquartered in San Luis Obispo. EVALUATION: The property is designated as Commercial Retail (CR) in the City’s Zoning Map. This zoning designation is generally oriented towards on-site sales and office uses by-right, but does allow other uses conditioned upon discretionary approval. Per Atascadero Municipal Code 9-3.330, W holesaling and Distribution Centers are allowed in the Commercial Retail zone with the approval of an Administrative Use Permit. Approximately 10,000 square feet of space on the property wou ld be utilized for Warehousing and Distribution purposes. A.M.C. 9-4.330 (c)(11) requires 1 parking space per 1,000 square feet of use area for the first 10,000 square feet, and 1 per 5,000 square feet of use area thereafter. Thus, this use requires a minimum of 10 off-street parking spaces. Aerial photography from early 2023 shows an estimated 19 parking spaces on the subject property, fulfilling this requirement. The applicant plans to handle loading and unloading using an alleyway loading zone on the eastern side of the subject property. According to communication with the applicant, this area is shared between the subject property and an adjacent property. Due to the infrequent planned delivery schedule, the applicant does not foresee any issues with th is shared use. RECOMMENDATION: Staff recommends the Administrative Hearing Officer approve USE23-0044 and allow a Wholesaling and Distribution Center in this tenant space in the Commercial Retail zoning district with conditions. Page 2 ENVIRONMENTAL DETERMINATION ☒ Categorical Exemption CEQA – Guidelines Section 15301 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 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.) pursuant to Title 14 California Code of Regulations § 15301, because the project is limited to a change of use which would be permitted in an equally restrictive zoning district and which involves a negligible expansion of use. Findings AMC 9-1.112 (d) requires the Hearing Officer to make the following findings: 1. Modification of the applicable standard will not result in a project that is inconsistent with the General Plan; The proposed Wholesaling and Distribution Center use at this location is consistent with the General Commercial designation of the General Plan . Additionally, it follows the General Plan Land Use, Open Space and Circulation (LOC) Element Goals 3 (“[t]ransform the existing El Camino Real “strip” into a distinctive, attractive and efficient commercial, office and industrial park area which can provide for the long-term economic viability of the community”), 13 (“[p]rovide for a sound economic base to sustain the City’s unique character by establishing a range of employment and business opportunities and generate sufficient revenue to support adequate levels of public services, and environmental, social and educational quality”), and 14 (“[r]etain and expand existing businesses and attract new businesses to improve the availability of goods and services.”) The proposed use will bolster the economic vitality of the City by engaging an underutilized space and attracting a new business to the area that will pay local sales taxes. 2. Modification of the applicable standard will not result in a project that is inconsistent with the character of the immediate neighborhood or contrary to its orderly development; The new use would be located in an existing commercial center with other warehousing, commercial, and light industrial uses nearby. With a limited delivery schedule, the use would have a negligible impact to the development of the surrounding area. 3. Modification of the applicable standard will not result in a project that is not in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; Page 3 The Atascadero Municipal Code allows Wholesaling and Distributions Centers in the Commercial Retail zone with approval from the Administrative Hearing Officer. 4. Modification of the applicable standard will not result in the authorization of a use not otherwise allowed; and This Administrative Use Permit only allows a Wholesaling and Distribution Center. 5. Any other findings deemed necessary. No other findings. Conditions 1. Wholesaling and Distribution operations shall conform to minimum parking requirements established in A.M.C. 9-4.118 (c)(11). 2. Applicant shall obtain all necessary permits prior to the installation of any signage, additions, or renovations. Code Requirements 1. A.M.C. 9-1.112 Administrative Use Permit 2. A.M.C. 9-3.330 Nonresidential District Allowable Uses 3. A.M.C. 9-4.118 Required Number of Parking Spaces Attachments Attachment 1 - Location Map Attachment 2 - Zoning Map Attachment 3 - Site Photos Action:  Approve  Approve as modified  Deny  Continue to: _______________ to allow _________________________________ ____________________________________________________________________  Continue indefinitely to allow: __________________________________________ _____________________________________________________________________ _____________________________________________________________________ ___________________________________ Phil Dunsmore, Hearing Officer Attachment 1: Location Map USE23-0044 Attachment 2: Zoning Map USE23-0044 CR RSF-Y CS Front entrance, from El Camino Real, facing north Front entrance, from La Linia Avenue, facing northwest Attachment 3: Site Photos USE23-0044 Loading zone, from La Linia Avenue, facing northwest