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HomeMy WebLinkAboutPC_2023-07-18_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. CITY OF ATASCADERO PLANNING COMMISSION AGENDA REGULAR MEETING Tuesday, July 18, 2023 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance ROLL CALL: Chairperson Jeff van den Eikhof Vice Chairperson Tori Keen Commissioner Jason Anderson Commissioner Victoria Carranza Commissioner Greg Heath Commissioner Randy Hughes Commissioner Dennis Schmidt APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF THE DRAFT MINUTES OF JUNE 20, 2023 • Recommendation: Commission approve the June 20, 2023 Minutes. City of Atascadero Planning Commission Agenda Regular Meeting July 18, 2023 Page 2 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. PLANNING COMMISSION BUSINESS COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s). DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing, Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. 2. 6225 ATASCADERO AVE, ABC CHURCH (CONTINUED FROM 6/20/23) The proposed project is for an amendment to the original use permit to revise conditions to consider allowing amplified sound on APN 030-192-018. (AMND22- 0037) • Recommendation: Staff’s recommendation is for the Planning Commission to approve or deny the outdoor amplified music. 3. CONDITIONAL USE PERMIT FOR 6805 SYCAMORE ROAD (CONTINUED FROM 6/20/23) The proposed project is a request to add an RV storage lot to an existing site for VSM Leasing & Rentals with an exception to minimum landscape standards on APN 028-121-001. (USE21-0107) • Recommendation: Staff’s recommendation is for the Planning Commission to allow a new business for outdoor recreational vehicle (RV) storage in the Industrial Park zone. COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be held on August 1, 2023 at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Ave, Atascadero, CA. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to, this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting July 18, 2023 Page 3 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information at (805) 470-3400. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required). 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individua l, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at (805) 461-5035 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. HOW TO SUBMIT PUBLIC COMMENT: If you wish to comment, please email public comments to: pc-comments@atascadero.org by 12:00 pm on the day of 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 Planning Commission 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 Planning Commission 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. Planning Commission agendas and minutes may be viewed on the City's website: www.atascadero.org. 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. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the Planning Commission. The Minutes of this meeting will reflect these numbers. All documents submitted by the public during Planning Commission meetings that are either read into the record or referred to in their statement will be noted in the Minutes and available for review by contacting th e Community Development Department. All documents are available for public inspection during City Hall business hours by appointment. PC Draft Minutes of 6/20/2023 Page 1 of 6 ITEM NUMBER: 1 DATE: 7-18-23 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, June 20, 2023 – 6:00 P.M. City Hall 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:00 p.m. Chairperson van den Eikhof called the meeting to order at 6:10 p.m. and Commissioner Anderson led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Carranza, Hughes, Schmidt, Vice Chairperson Keen, and Chairperson van den Eikhof Absent: Commissioner Heath (excused absence) Vacant: None Others Present: Annette Manier, Recording Secretary Staff Present: Community Development Director, Phil Dunsmore Associate Planner, Mariah Gasch APPROVAL OF AGENDA MOTION: By Commissioner Anderson and seconded by Vice Chairperson Keen to approve the Agenda. Motion passed 6:0 by a roll-call vote. (Heath absent) PUBLIC COMMENT None. Chairperson van den Eikhof closed the Public Comment period. 1 PC Draft Minutes of 6/20/2023 Page 2 of 6 ITEM NUMBER: 1 DATE: 7-18-23 CONSENT CALENDAR 1. APPROVAL OF THE DRAFT MINUTES OF JUNE 6, 2023 • Recommendation: Commission approve the June 6, 2023 Minutes. MOTION: By Commissioner Schmidt and seconded by Commissioner Hughes to approve the Consent Calendar. Motion passed 6:0 by a roll-call vote. (Heath absent) PLANNING COMMISSION BUSINESS None COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. 10165 EL CAMINO REAL, CALIFORNIA MANOR The proposed project is for an amendment to revise conditions for the affordable housing agreement condition to include moderate income units on APN 030-461- 044. (AMND23-0050) • Recommendation: Staff’s recommendation is for the Planning Commission to approve the revised conditions. DISCLOSURE OF EX PARTE COMMUNICATIONS: None. Planner Gasch provided the staff report and she and Director Dunsmore answered questions from the Commission. PUBLIC COMMENT The following member of the public spoke: Harry Hamilton from Above Grade Engineering who is representing the project. Mr. Hamilton answered questions raised during Commission deliberations. Chairperson van den Eikhof closed the Public Comment period. 2 PC Draft Minutes of 6/20/2023 Page 3 of 6 ITEM NUMBER: 1 DATE: 7-18-23 MOTION: By Commissioner Carranza and seconded by Commissioner Hughes to adopt draft Resolution amending California Manor II’s Master Plan of Development (PC Resolution 21-0014 and 22-0017) and approving AMND23-0050, to revise the affordability restrictions in California Manor I to 93 “low income” units with 2 manager’s units and California Manor II from 76 low income units to 76 Senior Housing units consisting of 67 “low income” units, 8 “moderate income” units and 1 manager unit, based on findings and subject to conditions of approval. Motion passed 6:0 by a roll-call vote. (Heath absent) 3. 6225 ATASCADERO AVE., ABC CHURCH The proposed project is for an amendment to the original use permit to revise conditions to consider allowing amplified sound on APN 030-192-018. (AMND22- 0037) • Recommendation: Staff’s recommendation is for the Planning Commission to approve or deny the outdoor amplified music. Director Dunsmore stated that staff is recommending continuing this item to a date certain of July 18, 2023 at the recommendation of the City Clerk’s office. DISCLOSURE OF EX PARTE COMMUNICATIONS: Commissioner Anderson had a discussion with Shaun Russel regarding the project today. All other commissioners had no ex parte. PUBLIC COMMENT None. Chairperson van den Eikhof closed the Public Comment period. MOTION: By Commissioner Anderson and seconded by Commissioner Hughes to continue this item to a date certain of July 18, 2023. Motion passed 6:0 by a roll-call vote. (Heath absent) 3 PC Draft Minutes of 6/20/2023 Page 4 of 6 ITEM NUMBER: 1 DATE: 7-18-23 4. CONDITIONAL USE PERMIT FOR 6805 SYCAMORE ROAD (CONTINUED FROM 11-15-22) The proposed project is a request to add RV storage lot to an existing site for VSM Leasing & Rentals with an exception to minimum landscape standards on APN 028-121-001. (USE21-0107) • Recommendation: Staff’s recommendation is for the Planning Commission to allow a new business for outdoor recreational vehicle (RV) storage in the Industrial Park zone. DISCLOSURE OF EX PARTE COMMUNICATIONS: Commissioner Carranza spoke with the General Manager of the Atascadero Mutual Water Company about the project, financing, stakeholders, and general city items. Commissioner Hughes stated that his ex parte was previously stated, in that he spoke with a representative of the Salinan Tribe, but nothing new since then. Commissioner Anderson stated that he did visit the site, but did not speak to anyone. All other Commissioners had no ex parte. Planner Gasch provided the staff report. Planner Gasch and Director Dunsmore answered questions from the Commission. Commissioner Carranza stated for the record that a condition for the visibility study was not done because the stakes were not there when she went to visit the site. Director Dunsmore stated that the study was done; however, the stakes were removed. The City asked the applicant to re-stake the property, and that was done. PUBLIC COMMENT The following members of the public spoke: Don McAdam (who answered questions from the Commission), Kate Montgomery, Audrey Taub, Fred Frank, and Doug Reynolds. Commissioners discussed whether this area was being evaluated with the General Plan Update. Director Dunsmore stated that staff has not made a determination on future uses of Industrial zones, and that the City will be making these decisions in the next 6-8 months. Chairperson van den Eikhof asked if this parcel is still in the flood plain, and Director Dunsmore stated that it is in a flood plain. Chairperson van den Eikhof closed the Public Comment period. MOTION: By Vice Chairperson Keen and seconded by Commissioner Carranza to adopt draft 4 PC Draft Minutes of 6/20/2023 Page 5 of 6 ITEM NUMBER: 1 DATE: 7-18-23 Resolution denying Conditional Use Permit (CUP) USE21-0107 allowing a new business for outdoor Recreational Vehicle storage in the Industrial Park zone pending review of this property with the future General Plan. because of the finding #4 that this project will be inconsistent with the character of the immediate neighborhood or contrary to its orderly development because of its location near the Salinas river, since the riverbed is full of animals and this could potentially have negative effects of wildlife in the area. Because it’s inconsistent with the natural character of its current setting. Motion failed 4:2 by a roll-call vote. (Carranza, Keen voted yes) (Anderson, Hughes, Schmidt, van den Eikhof voted no) MOTION: By Commissioner Carranza and seconded by Commissioner Anderson to adopt draft Resolution denying Conditional Use Permit (CUP) USE21-0107 allowing a new business for outdoor Recreational Vehicle storage in the Industrial Park zone, because of Finding #1 , the project is inconsistent with the General Plan specifically the portion that states “enhance the rural character and appearance of the city including commercial corridor, gateways and public facilities, land use and conservation policy of the General Plan. She would like to see this item tabled until the next General Plan is finalized, instead of denied. Motion failed 3:3 by a roll-call vote. This is a no action motion. (Carranza, Anderson, Keen voted yes) (Hughes, Schmidt, van den Eikhof voted no) MOTION: By Commissioner Schmidt and seconded by Commissioner Hughes to adopt draft Resolution approving Conditional Use Permit (CUP) USE21-0107 allowing a new business for outdoor Recreational Vehicle storage in the Industrial Park zone, with the first pha se of the project being approved at this time. 5 PC Draft Minutes of 6/20/2023 Page 6 of 6 ITEM NUMBER: 1 DATE: 7-18-23 Motion failed 3:3 by a roll-call vote. This is a no action motion. (Schmidt, Hughes, van den Eikhof voted yes) (Anderson, Carranza, Keen voted no) Chairperson van den Eikhof adjourned the meeting at 8:40 p.m. for a break. Chairperson van den Eikhof called the meeting back to order at 8:48 p.m. with all present. MOTION: By Commissioner Anderson and seconded by Vice Chairperson Keen to continue the Conditional Use Permit (CUP) USE21-0107 until staff reviews the General Plan analysis where the City Council feels comfortable with the future land use designation on this site. Motion passed 6:0 by a roll-call vote. (Commissioner Heath absent) COMMISSIONER COMMENTS AND REPORTS None DIRECTOR’S REPORT Director Dunsmore stated that on July 18th, we will hear the ABC Church project, and he gave an update on projects around the City. ADJOURNMENT – 9:00 p.m. The next regular meeting is scheduled for July 18, 2023, at City Hall, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant 6 ITEM 2 | 7/18/2023 Atascadero Bible Church AMND 22-0037 ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Atascadero Planning Commission Staff Report – Community Development Department AMND 22-0037 6225 Atascadero Ave / Atascadero Bible Church RECOMMENDATION(S): 1. Adopt Draft Resolution A amending Atascadero Bible Church’s Master Plan of Development (PC Resolution 2005-0036) and approving AMND 22-0037 to allow outdoor amplified music, based on findings and subject to conditions of approval. OR 2. Adopt Draft Resolution B denying an amendment to Atascadero Bible Church’s Master Plan of Development (PC Resolution 2005-0036) and AMND 22-0037, a request to allow outdoor amplified music, based on finding(s). Project Info In-Brief: PROJECT ADDRESS: 6225 Atascadero Ave Atascadero, CA APN 030-192-018 PROJECT PLANNER Mariah Gasch Associate Planner (805) 470-3436 mgasch@atascadero.org APPLICANT Atascadero Bible Church PROPERTY OWNER Atascadero Bible Church (ABC) GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Public Public (P) 4 Acres Church and School Facilities Outdoor amplified music for church related activities in the Public zoning district. ENVIRONMENTAL DETERMINATION 7 ITEM 2 Atascadero Bible Church AMND 22-0037 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☒ Categorical Exemption CEQA – Guidelines Section 15301 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial North: South: East: West: Highway 101 Public (P) Atascadero Creek Residential Multi-family (RMF-10) Project Description: The project is a request to allow outdoor amplified music adjacent to the worship center at the existing Atascadero Bible Church. The applicant is requesting permission to conduct outdoor music services on Sunday, Tuesday, Wednesday, and Thursday at various times between 8am-8pm. The request would require an amendment to the Master Plan of Development for Atascadero Bible Church (ABC). Background: In 1999, Atascadero Bible Church developed the site with a main building consisting of a sanctuary, church offices, classrooms, and a family center. It was originally approved through Conditional Use Permit 12-89. In 2004, an amendment was approved to add a 8 ITEM 2 Atascadero Bible Church AMND 22-0037 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero two-story facility including classrooms, a multi-purpose assembly room, and meeting room, along with a small café adjacent to the church entrance. This Master Plan of Development was approved through a conditional use permit CUP 2004-0142 and also certified a Mitigated Negative Declaration 2005-0006 (Resolution PC 2005-0036). According to City records and records obtained from the Atascadero Historic Society, a portion of the existing main building, the current gymnasium, was one of the first buildings constructed at the founding of the Atascadero Colony and was part of E.G. Lewis’s vision for the Civic Center of town. ANALYSIS: The proposed project consists of an amendment to the previous conditional use permit approvals. The applicant’s request includes outdoor amplified music adjacent to the worship center at Atascadero Bible Church. The music would be played in the church’s courtyard which is surrounded by the existing building on three sides. Proposed hours of operation are Sunday, Tuesday, Wednesday, and Thursday at various times between the hours of 8am-8pm. Proposed Location of Amplified Sound The Atascadero Municipal Code (AMC 9-14.13) allows amplified sound in the Public zone with an Administrative Use Permit (AUP). The Municipal Code also allows Churches and Related Activities in the Public Zone with a Conditional Use Permit (CUP). Since this project has an existing CUP for the church use, the outdoor amplified sound request is being processed as a conditional use permit amendment . The Planning Commission has the authority to approve, approve with modified conditions, or deny the requested amendment. 9 ITEM 2 Atascadero Bible Church AMND 22-0037 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Parking: Parking will not be affected, as there will be no increase in vehicular traffic. The amplified sound is anticipated to occur only during worship times, which will remain within the parameters of the existing CUP. Neighborhood Compatibility: In approving the amendment, findings must be made that the use is consistent with the General Plan and Zoning Ordinance, and that it will not be detrimental t o the health, safety or welfare of the general public. Findings must also be made that the proposed use is consistent with the character of the immediate neighborhood. The character of the area directly adjacent to the church is made up of multi-family residences and public or quasi- public land uses. These include North County Christian School which is directly adjacent, located on the church’s property, ECHO Homeless Shelter, and Atascadero High School. The church’s property also abuts Atascadero Creek. On the opposite side of the creek reservation are additional residences along with another church. Based on the sound analysis completed by the applicant, the introduction of outdoor amplified sound may increase noise levels of the surrounding area during the proposed performance times. However, this location is within an area with very high noise exposure from Highway 101 due to traffic noise. The proposed outdoor stage area is within the existing courtyard, surrounded by buildings and a parking lot and no modifications are proposed that will change the appearance or character of the property. Noise: According to the Atascadero Municipal Code (9-14.05), the hourly equivalent sound level (Leq, dB) from 7am to 9pm may not exceed 50 and the maximum dB allowed is 70 as measured at the nearest property line to the noise source. The applicants provided self-tested decibel measurements at all nearby property lines that abut parcels with residential uses. At its source (if you were standing right in front of the band) the sound would emit approximately eighty-eight decibels. Along Atascadero Creek the noise levels are estimated at a maximum of sixty-five decibels. The project abuts Highway 101 which emits a level of noise that is over the average neighborhood range. According to the US Department of Transportation, levels of traffic noise typically range from 70 to 80 dB(A). Therefore, noise levels from the church may be similar or less than the ambient traffic noise those from the freeway. 10 ITEM 2 Atascadero Bible Church AMND 22-0037 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Applicant provided noise decibel measurements (in dbA) AMC 9-14.13 of the Municipal Code, section (b) contains the following limitations for amplified sound under a Use Permit: 1. Only music, human speech or a combination of the same shall be permitted. 2. The operation of sound amplifying equipment shall be limited to no greater than the hours of 8am to 7pm on weekdays, 9am to 6pm on Saturdays, and 10am -4pm on Sundays. 3. In all events, the volume of sound and the hours of operation shall be controlled that the sound will not be unreasonably loud or a nuisance as defined by the Atascadero Municipal Code. 11 ITEM 2 Atascadero Bible Church AMND 22-0037 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 4. Such conditions as are imposed on time of usage, level of volume, and quantity of equipment in the permit approval because of location of the usage. The primary question for the Planning Commission is if the proposed use meets required findings number one and number four for maintaining the welfare of surrounding occupants and for neighborhood compatibility. If the Planning Commission determines that they cannot make the findings for the proposed use and chooses to deny the permit, Atascadero Bible Church will not be able to play or perform outdoor amplified sound. Staff has included conditions in attached Resolution A consistent with the standards set forth in the Atascadero Municipal code, as highlighted below. While the applicant requested to operate between the hours of 8 am to 8 pm, staff has included a condition to ensure compliance with municipal code standards. • The operation of sound amplifying equipment shall be limited to no greater than the hours of 8am to 7pm on weekdays and 10am -4pm on Saturdays and Sundays. • Outdoor amplified sound shall be limited to a maximum total of 2 hours per day. • Exterior Noise levels shall not exceed 70dB at the subject property’s property lines. • Outdoor amplified sound is only permitted from the month of March until the month of September, annually. • The provision of outdoor amplified noise shall be subject to additional review upon receipt of noise or operational complaints. Additional mitigation may be warranted upon verification of recurring noise or operational dis turbances that impact residential properties. Should the Commission not be able to make the required findings for approval with conditions added, staff has included Draft Resolution B which has identified 2 findings for denial with facts to support those findings. Should the Commission deny the project, only one finding has to be made. ENVIRONMENTAL DETERMINATION: 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 involves modifications to an existing project with no expansion of use. FINDINGS: To approve AMND 22-0037, the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached resolution. Conditional Use Permit (AMC Section 9-2.110(b).(3).(iv)) 12 ITEM 2 Atascadero Bible Church AMND 22-0037 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 1. The proposed project or use is consistent with the General Plan ; 2. The proposed project or use satisfies all applicable provisions of this title; 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; 4. That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and 5. That 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; and ALTERNATIVES: 1. The Planning Commission may include modifications to the project and/or conditions of approval for the project. Any proposed modifications , including conditions of approval, should be clearly re-stated in any vote on any of the attached resolutions. 2. The Planning Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required. A motion, and approval of that motion, is required to continue the item to a future date. 3. The Planning Commission may deny the project. The Commission must specify what finding(s) cannot be made, and provide a brief oral statement, based on the Staff Report, oral testimony, site visit, correspondence, or any other rationale introduced and deliberated by the Planning Commission. ATTACHMENTS: 1. Draft Resolution A 2. Draft Resolution B 3. Aerial Photo 4. Existing Site Layout 5. Site Photos 13 ITEM 3 Atascadero Bible Church AMND 22-0037 ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 ATTACHMENT 1: Draft Resolution A AMND 22-0037 DRAFT RESOLUTION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AMENDMENT (AMND 22- 0037) ALLOWING OUTDOOR AMPLIFIED SOUND IN THE PUBLIC ZONING DISTRICT APN 030-192-018 (Atascadero Bible Church) 6225 Atascadero Avenue WHEREAS, an application has been received from Atascadero Bible Church (6225 Atascadero Avenue, Atascadero, CA 93422) (AMND 22-0037) for an amendment to the Master Plan of Development (CUP 12-89 and CUP 2004-0142) approved in 1999 and amended in 2005 to allow Amplified Sound 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 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 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 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. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, at a Public Hearing held on July 18, 2023, studied and considered the proposed amendment. SECTION 3. CEQA. The proposed project qualifies for a Categorical Exemption under Class 1, Section 15301, existing facilities projects, of the California Environmental Quality Act. 14 ITEM 3 Atascadero Bible Church AMND 22-0037 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero SECTION 4. Facts and Findings. The Planning Commission finds as follows: Findings for approval of a Conditional Use Permit: 1. The proposed use is consistent with the General Plan; and Fact: The proposed amplified outdoor music at this location is consistent with the Public zoning designation of the General Plan. 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 location is adequate to serve the proposed use. 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, with conditions incorporated. 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 amplified outdoor music would be adjacent to the worship center at the existing Atascadero Bible Church. The outdoor music addition will follow the conditioned hours to minimize impacts to the surrounding area. Outdoor amplified sound will be used to augment existing church activities and the request does not involve the expansion of use. The site will remain consistent with the character of the neighborhood as there are no proposed 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 on Atascadero Avenue adjacent to HWY 101. Outdoor amplified sound will be used to augment existing church activities and the request does not involve the expansion of use. The amplified sound at the church will remain consistent with surrounding uses and will not bring an increase in traffic to the area. 15 ITEM 3 Atascadero Bible Church AMND 22-0037 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 18, 2023, resolved to approve an amendment to allow outdoor amplified sound at an existing church facility (AMND22-0037) subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Acoustical Analysis On motion by Commissioner ____________________, and seconded by Commissioner _________________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Jeff van den Eikhof Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 16 ITEM 3 Atascadero Bible Church AMND 22-0037 ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Exhibit A: Conditions of Approval AMND 22-0037 Conditions of Approval / Mitigation Monitoring Program 6225 Atascadero Avenue AMND 22-0037 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Services Conditions 1. Conditional use permits 12-89 and CUP 2004-0142 shall be amended to allow for the addition of outdoor amplified sound, subject to the conditions listed herein. All previous conditions approved as part of CUP12-89 and CUP2004-0142 shall remain in effect unless specifically amended by this resolution. The project site is at 6225 Atascadero Ave. (APN030-192-018) and this approval shall be in effect regardless of owner. Ongoing PS 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. Ongoing PS 3. 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. BL PS 4. Approval of this Conditional Use Permit 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 applicants have enacted the use. If the allowances of this approval (amplified sound) and not continued for a period of 2 consecutive years, this approval shall become null and void and a new application will be required to be filed to continue any such use. BL PS 5. 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. Ongoing CA 6. Parking shall stay consistent with Municipal Code standards. Ongoing PS 7. Source of amplified outdoor sound shall not be located outside of the area identified in Exhibit B. Ongoing PS 8. Only music, human speech or a combination of the same shall be permitted. Ongoing PS 9. The operation of sound amplifying equipment shall be limited to no greater than the hours of 8am to 7pm on weekdays and 10am-4pm on Saturdays and Sundays. Ongoing PS 17 ITEM 3 Atascadero Bible Church AMND 22-0037 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval / Mitigation Monitoring Program 6225 Atascadero Avenue AMND 22-0037 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 10. Outdoor amplified sound shall be limited to a maximum total of 2 hours per day. Ongoing PS 11. Exterior Noise levels shall not exceed 70dB at the subject property’s property lines. Ongoing PS 12. Outdoor amplified sound is only permitted from the month of March until the month of September, annually. Ongoing PS 13. In all events, the volume of sound and the hours of operation shall be controlled that the sound will not be unreasonably loud or a nuisance as defined by the Atascadero Municipal Code. Ongoing PS 14. The Use Permit shall be subject to additional review upo n receipt of noise or operational complaints. Additional mitigation may be warranted upon verification of recurring noise or operational disturbances that impact residential properties. Ongoing PS 18 ITEM 3 Atascadero Bible Church AMND 22-0037 ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Exhibit B: Site Plan AMND 22-0037 Location of outdoor amplified sound 19 ITEM 3 Atascadero Bible Church AMND 22-0037 ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Exhibit C: Acoustical Analysis AMND 22-0037 20 ITEM 3 Atascadero Bible Church AMND 22-0037 ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 ATTACHMENT 2: Draft Resolution B AMND 22-0037 DRAFT RESOLUTION B RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT AMENDMENT (AMND 22- 0037) FOR OUTDOOR AMPLIFIED SOUND IN THE PUBLIC ZONING DISTRICT APN 030-192-018 (Atascadero Bible Church) 6225 Atascadero Avenue WHEREAS, an application has been received from Atascadero Bible Church (6225 Atascadero Avenue, Atascadero, CA 93422) (AMND 22-0037) for an amendment to the Master Plan of Development (CUP 12-89 and CUP 2004-0142) approved in 1999 and amended in 2005 to allow Amplified Sound 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 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 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. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, at a Public Hearing held on July 18, 2023, considered the proposed use permit amendment. SECTION 3. CEQA. The proposed project qualifies for a Categorical Exemption under Class 1, Section 15301, existing facilities projects, of the California Environmental Quality Act. 21 ITEM 3 Atascadero Bible Church AMND 22-0037 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero SECTION 4. Facts and Findings. The Planning Commission finds as follows: Findings for Denial of a Conditional Use Permit: 1. The proposed use is consistent with the General Plan; and Fact: The project is inconsistent with Land Use, Open Space and Circulation (LOC) Policies and Programs: Goal SFN 6. Protect the citizens of Atascadero from the harmful and annoying effects of exposure to excessive noise. Goal SFN 8. Preserve the tranquility of residential areas by preventing the encroachment of noise-producing uses. 2. 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 amplified noise will conflict with the surrounding residential uses and cause an unnecessary disturbance to the residents. SECTION 5. Denial. The Planning Commission of the City of Atascadero, in a regular session assembled on July 18, 2023, resolved to deny a request to add outdoor amplified sound to an existing church use. On motion by Commissioner ____________________, and seconded by Commissioner _________________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Jeff van den Eikhof Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 22 ITEM 3 | 7/18/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC Atascadero Planning Commission Staff Report - Community Development Department Sycamore RV Storage USE 21-0107 (VSM Leasing & Rentals LLC) RECOMMENDATION: The Planning Commission adopt Draft Resolution approving Conditional Use Permit (CUP) USE21-0107 allowing a new business for outdoor Recreational Vehicle (RV) storage in the Industrial Park zone. Project Info In-Brief: PROJECT ADDRESS: 6805 Sycamore Rd. Atascadero, CA A P N 028-121-001 PROJECT PLANNER Mariah Gasch Associate Planner 470-3436 mgasch@atascadero.org PROPERTY OWNER VSM Leasing & Rentals LLC GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Industrial Park (IP)/ Open Space (OS) Industrial Park (IP)/ Open Space (OS) /PD 31 23.24-acre site 6-acre lease area Vacant/ Contract Construction Recreational Vehicle (RV) storage ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☒ Categorical Exemption CEQA – Guidelines Section 15304 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 23 ITEM 3 | 7/18/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial / Surrounding North: South: East: West: Residential Suburban (RS) Residential Suburban (RS) Residential Suburban (RS) Residential Suburban (RS) Project site The subject site is located on the north side of Sycamore Avenue, adjacent to the Salinas River. The site is owned by Atascadero Mutual Water Company (AMWC) and contains an existing fenced construction yard with storage buildings . In 2007, the City Council adopted a zone text change to establish a new site-specific Planned Development #31 Overlay Zone with a corresponding Master Plan of Development for this site. The intent of the zone text change was to allow for a private bicycle motocross (BMX) fac ility to locate on the property. The BMX facility was never constructed and aside from the existing construction yard, the site has remained vacant. The planned development states that all other uses listed as allowed or conditionally allowed are subject t o the requirements of the Zoning Code, therefore the PD does not impact the scope of the proposed storage facility. Project description: The proposed project includes a six-acre outdoor recreational vehicle (RV) storage yard in the Industrial zone. The site is proposed to be used for the storage of up to 262 vehicles outdoors. Outdoor vehicle storage in excess of 10,000 square feet is subject to the review and approval of a Conditional Use Permit by the Planning Commission. In order to approve the use, the Commission must make a series of use permit findings. If approved, the project is also subject to conditions of approval. IP OS P 24 ITEM 3 | 7/18/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC Project Review History: On July 28, 2022, the Design Review Committee (DRC) reviewed the proposed project and made recommendations regarding new and existing fencing and landscaping on site. The applicant revised the plans in accordance with the DRC’s recommendations. In November 2022, this item was presented to the Planning Commission. Public comment focused on potential environmental impacts. In one letter received, staff was notified from a local Native American tribe that the site may be archeologically sensitive. The Planning determined that a Phase I Archaeological Survey be completed before taking further action on the project. During this hearing, the Commission also suggested a 10-year time limit on the storage use could be an option. The Commission voted to continue the meeting to a date uncertain, with a recommendation to provide an Archeology Study, and a Visibility Study with the applicant to stake out the property boundaries and Commissioners may visit individually to view the site. The item was brought back before the Planning Commission on June, 20, 2023. Two motions were made for denying the conditional use permit application, both of which failed with a 4:2 vote and 3:3 vote. A third motion was made the approve the draft resolution for the conditional use permit, which also failed with a 3:3 vote. A fourt h motion was made to continue the conditional use permit until staff reviews the General Plan analysis to a point where the City Council feels comfortable with the future land use designation on this site. The General Plan update is likely to be completed in 2024, however there is no definitive completion date. The motion made at this hearing to continue the item to a date uncertain with an extended time period was deemed an invalid action because it essentially denies the use permit without making such findings. Therefore, the item must be reheard for a new motion. ALTERNATIVES 1. The Planning Commission may include modifications to the project and/or Conditions of Approval for the project. Any proposed modifications including Conditions of Approval, should be clearly re-stated in any vote on any of the attached resolutions. 2. The Planning Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required. A motion, and approval of that motion, is required to continue the item to a future date. 3. The Planning Commission may deny the project. The Commission must specify what findings cannot be made, and provide a brief oral statement based on the Staff Report, oral testimony, site visit, correspondence, or any other rationale introduced and deliberated by the Planning Commission. 25 ITEM 3 | 7/18/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC ATTACHMENTS: Attachment 1: June 20, 2023 Planning Commission Staff Report 26 ITEM 3 | 7/18/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC Attachment 1: June 20, 2023 Planning Commission Staff Report USE21-0107 27 ITEM 4 | 6/20/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC Atascadero Planning Commission Staff Report - Community Development Department Sycamore RV Storage USE 21-0107 (VSM Leasing & Rentals LLC) RECOMMENDATION: The Planning Commission adopt Draft Resolution approving Conditional Use Permit (CUP) USE21-0107 allowing a new business for outdoor Recreational Vehicle (RV) storage in the Industrial Park zone. Project Info In-Brief: PROJECT ADDRESS: 6805 Sycamore Rd. Atascadero, CA A P N 028-121-001 PROJECT PLANNER Mariah Gasch Associate Planner 470-3436 mgasch@atascadero.org PROPERTY OWNER VSM Leasing & Rentals LLC GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Industrial Park (IP)/ Open Space (OS) Industrial Park (IP)/ Open Space (OS) /PD 31 23.24-acre site 6-acre lease area Vacant/ Contract Construction Recreational Vehicle (RV) storage ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☒ Categorical Exemption CEQA – Guidelines Section 15304 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 28 ITEM 4 | 6/20/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial / Surrounding North: South: East: West: Residential Suburban (RS) Residential Suburban (RS) Residential Suburban (RS) Residential Suburban (RS) Project site The subject site is located on the north side of Sycamore Avenue, adjacent to the Salinas River. The site is owned by Atascadero Mutual Water Company (AMWC) and contains an existing fenced construction yard with storage buildings . In 2007, the City Council adopted a zone text change to establish a new site-specific Planned Development #31 Overlay Zone with a corresponding Master Plan of Development for this site. The intent of the zone text change was to allow for a private bicycle motocross (BMX) fac ility to locate on the property. The BMX facility was never constructed and aside from the existing construction yard, the site has remained vacant. The planned development states that all other uses listed as allowed or conditionally allowed are subject t o the requirements of the Zoning Code, therefore the PD does not impact the scope of the proposed storage facility. Project description: The proposed project includes a six-acre outdoor recreational vehicle (RV) storage yard in the Industrial zone. The site is proposed to be used for the storage of up to 262 vehicles outdoors. Outdoor vehicle storage in excess of 10,000 square feet is subject to the review and approval of a Conditional Use Permit by the Planning Commission. In order to approve the use, the Commission must make a series of use permit findings. If approved, the project is also subject to conditions of approval. IP OS P 29 ITEM 4 | 6/20/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC Project Review History: On July 28, 2022, the Design Review Committee (DRC) reviewed the proposed project and made recommendations regarding new and existing fencing and landscaping on site. The applicant revised the plans in accordance with the DRC’s recommendations. In November 2022, this item was presented to the Planning Commission. Public comment focused on potential environmental impacts. In one letter received, staff was notified from a local Native American tribe that the site may be archeologically sensitive. The Planning determined that a Phase I Archaeological Survey be completed before taking further action on the project. During this hearing, the Commission also suggested a 10-year time limit on the storage use could be an option. The Commission voted to continue the meeting to a date uncertain, with a recommendation to provide an Archeology Study, and a Visibility Study with the applicant to stake out the property boundaries and Commissioners may visit individually to view the site. Analysis The land use proposed, Outdoor Vehicle and Equipment Storage is a conditionally allowed use in the Industrial Zoning district. Section 9 -6.140 of the City’s Zoning Regulations provides a set of site design standards for storage yards in addition to the provisions of the use permit (Attachment 3). The applicant is proposing to complete the project in two phases. The first phase consists of 138 RV storage spaces, a new perimeter fence along the Phase 1 area, site grading with Class II base finish (in Phase 1 areas only), construction of an entrance gate and completion of the required stormwater basin. Phase 2 includes the addition of 124 RV storage spaces, removal of the fence between the two phases and extension of the chain link fence adjacent to the Salinas River. The Juan Bautista de Anza Trail is currently accessed through this property and culminates from a small parking lot along Sycamore Road. This property acts as one of several access points to the trail. The de Anza trail is a part of the 1,200-mile National Historic Trail connects Nogales, Arizona to the San Francisco Bay Area. The current trail access is located on a previously graded and leveled site close to Sycamore Road and does not currently have any defining characteristics. The proposed RV storage project would define the trail, provide a formal en try and parking area, and add landscaping and to differentiate the trail from the remainder of the site. This project will also replace the chain link fence the currently encloses the trail with a lower split-rail fence to improve visibility to and from the trail. The proposed trail location is consistent with the Juan Bautista de Anza Trail’s plan to continue down Sycamore Road. With this development, the trail access point will need to be realigned slightly to move along Sycamore Road. • Staff is adding a condition that the realignment of the De Anza Trail, and the improvements to fencing and landscaping, be completed with Phase 1. 30 ITEM 4 | 6/20/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC Staff does not recommend a condition that the use permit be limited to a maximum of ten years. Generally, a conditional use permit approval and its conditionals of approval run with the land and can be continued by subsequent owners or lessees. Once substantial improvements are invested into a site, a sunset of the land use is very difficult to enforce and may be legally challenged. No time limit conditions have been added to the conditions of approval. However, if the project does not comply with the proposed use permit conditions, the City may require subsequent review of the project and m ay revoke the use permit upon finding non-compliance. Proposed Site Plan Archaeological Assessment An archaeological consultant: Cultural Resource Management Services conducted an archaeological inventory survey (Phase I) at 6805 Sycamore Road per the applicant’s request in compliance with the California Environmental Quality Act (CEQA), the City of Atascadero, and San Luis Obispo County. A records and literature search was conducted before the field survey, revealing tha t 19 previous studies have been conducted within ½ mile of the project, one of which (Waldron 1985) surveyed a majority of the proposed project area. Six prehistoric archaeological sites and 18 historic properties were found , none of which are located in close proximity to this site. In 1969 and 1972 the entire parcel of land was flooded and the banks of the Salinas river changed substantially. Following this time, until the 1990s, the County of San Luis Obispo and CalTrans utilized this area to dispose of excess materials, such as asphalt, concrete, fill soil, and rock. According to a source at the Atascadero Mutual Water Company, this raised the level of the parcel around 10 feet. Evidence of this previous grading and fill still De Anza Trail realignment 30’ Existing construction yard (not a part) Phase 2 Phase 1 31 ITEM 4 | 6/20/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC remains on site. During the field investigation, all materials were found to be consistent with fill dirt that would have been imported into this site. There does not appear to be any native grade remaining on this heavily modified property. The archaeological assessment found that no further investigations are necessary, as the parcel is part of the historic floodplain and is now covered with imported fill material. Atascadero Municipal Code (AMC) 9-4.162 finds that in the case that archaeological resources are unearthed or discovered during any construction activities that construction shall cease and the Planning Department notified to initiate disposition of the a rtifacts. Since the site is now buried by nearly 10 feet of fill material, it is unlikely that this would come about during construction. Landscaping The applicant provided a landscape plan proposing new landscaping along the access path to the De Anza Trail and Sycamore Road. Staff recommended a revision to the landscaping plan at the DRC hearing to focus taller vegetation along the interior fence adjacent to the RV storage lot. The DRC supported this recommendation and it has been added as a condition. This condition also includes adding shorter landscape species between the De Anza Trail and Sycamore Road to maintain visual access from the road to the trail to maintain safety. The applicant’s landscape plan did not include landscaping between the exis ting construction yard adjacent to this project and Sycamore Road. At the DRC hearing, staff recommended that the landscape plan be extended to include this portion since it is a part of the subject’s parcel. The DRC also supported this recommendation and it has been added as a condition at this time. This landscaping should be consistent with what is proposed on the opposite side of the driveway. There are six Coast Live Oak trees that will remain onsite and be protected during construction. Minimal landscaping is proposed throughout the RV storage areas. Atascadero Municipal Code (AMC) 9.4-125 requires 5% of the lot in an Industrial zone to be landscaped. The applicant is requesting an exemption from this requirement due to maintenance concerns and visibility into the site. Since the site is screened by fencing and landscaping along Sycamore Road, landscaping added within the RV lot will not be visible from the outside. Additionally, maintaining this landscape would be difficult as it would need to be irrigated and protected from vehicles driving over it. The Municipal Code allows the Planning Commission to approve a modification to eliminate the minimum landscape requirement if a finding can be made that existing vegetation topography or structural arrangement preclude the need for landscaping. Since the use is a storage use, compliance with the 5% requirement may be problematic. Based on location and this specific land use, staff recommends that the Planning Commission allow for a modification to only require landscaping along Sycamore Road and the De Anza Trail between this project area and the public viewshed . The landscape plan was broken into three sections and provided below. Landscaping on the eastern edge has been removed from the applicant’s proposal. 32 ITEM 4 | 6/20/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC Western Edge Center Eastern Edge Landscape proposed to be deleted X X X X 33 ITEM 4 | 6/20/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC Fencing, lighting and security There is an existing six-foot-tall chain link fence along the eastern property line and around the current construction yard. This chain link fence extends the length of Sycamore Road. There is also an existing chain link fence along Sycamore Road up to the existing parking area for the trail. The applicant was originally proposing to keep the existing six-foot-tall fence along the Sycamore Road Property line. The DRC discussed the location of this fence and recommended that the fence between the De Anza Tr ail and Sycamore Road be up to four feet tall while maintaining clear visibility of the trail. Staff has added a condition that this be a split rail or pipe rail fence. AMC 9-4.128 requires all new chain link fencing to be vinyl coated. However, due to cost and visibility, the applicant requested to utilize the existing fence along Sycamore Road and relocate it along the Salinas River edge. The Design Review Committee supported the applicant’s request for this. The applicant is proposing new six-foot-tall vinyl coated chain link fencing around the remainder of the RV storage lot. AMC 9-4.128 requires all new vinyl coated chain link fencing to be screened with evergreen vegetation. The new fence adjacent to the De Anza Trail will be heavily screened with landscaping. However, new fencing around the rear of the site is not proposed to have landscape screening. Staff is recommending an exception to this standard since the rear fence will abut an existing berm and is not visible from other properties. Adding landscaping to this side would extend into proposed storage spaces, potentially creating the need for a site redesign and reducing the number of parking spaces onsite. The applicant is proposing a powered gate that will be keypad controlled. There will be no regular onsite workers so the RV storage will be self-service. The proposed plans show several new light poles throughout the site with a maximum height of 20 feet tall. Staff is recommending this maximum height be reduced 16 feet for each light pole. This will reduce the light spilling onto adjacent parcels. The applicant is proposing lights that dim to low levels light until motion is detected. This will reduce negative impact on the surrounding area while providing security for the business . Staff has added a condition that the applicant provide a photometric light study with the building permit submittal to ensure that light will not spill onto adjacent properties. They are also proposing the installation of five new security cameras on five of the proposed lights poles. The applicant has a pre-existing contract with a local security company. They plan to continue using them for this site for 24-hour security coverage. Storage Yard Conditions The Industrial zone is the appropriate location for intensive uses such as outdoor storage yards. However, such land uses can be detrimental to the City if not properly designed and adequately maintained. If approved, the use permit to allow a storage yard will run with the land, regardless of the business owner/operator, unless the use permit is revoked or modified by the City, or unless the uses ceases for a period of six months or more. The accumulation of storage containers, illegal businesses, transient camps, inoperable 34 ITEM 4 | 6/20/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC vehicles, feral animals, and the storage of miscellaneous junk and debris are possible negative impacts that historically accompany this land use. Conditions of approval are incorporated in order to prevent such nuisances. Staff has added a series of conditions about site operation to ensure that the storage yard does not deteriorate over time. ALTERNATIVES 1. The Planning Commission may include modifications to the project and/or Conditions of Approval for the project. Any proposed modifications including Conditions of Approval, should be clearly re-stated in any vote on any of the attached resolutions. 2. The Planning Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required. A motion, and approval of that motion, is required to continue the item to a future date. 3. The Planning Commission may deny the project. The Commission must specify what findings cannot be made, and provide a brief oral statement based on the Staff Report, oral testimony, site visit, correspondence, or any other rationale introduced and deliberated by the Planning Commission. ATTACHMENTS: Attachment 1: Draft Resolution Attachment 2: Site Photos Attachment 3: AMC 9-6.140 35 ITEM 4 | 6/20/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC DRAFT RESOLUTION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH AN OUTDOOR RECREATIONAL VEHICLE STORAGE USE IN THE INDUSTRIAL PARK ZONE SYCAMORE RV STORAGE VSM LEASING & RENTALS LLC (USE21-0107) WHEREAS, an application has been received from VSM Leasing & Rentals LLC (3380 El Camino Real, Atascadero, CA 93422), Applicant, and Atascadero Mutual Water Company (PO Box 6075, Atascadero, CA 93422), Owner) to consider Planning Application USE21-0107, for a Conditional Use Permit for an outdoor Recreational Vehicle (RV) storage use at 6805 Sycamore Road, Atascadero, CA 93422 (APN 028-121-001); and WHEREAS, the site’s current General Plan Land Use Designation is Industrial and Open Space (I and OS); and WHEREAS, the site’s current Zoning District is Industrial Park and Open Space (IP and OS); and WHEREAS, an outdoor vehicle storage yard is a conditionally allowed use in the Industrial Park (IP) zoning district; and WHEREAS, the outdoor vehicle storage yard is not located on the portion of the site zoned Open Space (OS) zoning district; 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. Recitals: The above recitals are true and correct. 36 ITEM 4 | 6/20/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC SECTION 2. Public Hearing. The Planning Commission held a duly noticed public hearing to consider the project on June 20, 2023 and considered testimony and reports from staff, the applicants, and the public. SECTION 3. Findings. The Planning Commission makes the following findings, determinations and approvals 1. Findings for Approval of a Conditional Use Permit FINDING: The proposed project or use is consistent with the General Plan FACT: The use is consistent with the General Plan. Specifically, it relates to intended uses in the Industrial Park zone. The General Plan states that one of the intended uses of this zone is for outdoor storage facilities. General Plan Policy 14.2 aims to identify locations with adequate land to accommodate industrial uses to retain and expand existing businesses. The municipal code allows outdoor vehicle storage operations with a conditional use permit. FINDING: The proposed project or use satisfies all applicable provisions of the Zoning Ordinance FACT: The proposed outdoor vehicle storage operation can be permitted though the Conditional Use Permit process as identified in the Municipal Code. The proposed site plan is consistent with the applicable provisions of the Atascadero Municipal Code as conditioned. 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 recreational vehicle storage facility will not be detrimental to the general public or working person’s health, safety, or welfare. 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 project is on a property that is zoned Industrial Park with a contract construction yard on it. The property is at the edge of the city in an area that has been designated for industrial uses. 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 37 ITEM 4 | 6/20/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC neighborhood that would result from full development in accordance with the land use element FACT: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. The project site is an existing site on Sycamore Road. FINDING: The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. FACT: The project is consistent with the General Plan and municipal code, as conditioned. 2. Findings for Approval of Landscape Requirement Exception FACT: Existing vegetation topography or structural arrangement preclude the need for landscaping. FINDING: Since the site is screened by fencing and landscaping along Sycamore Road, landscaping added within the RV lot will not be visible from the outside. Additionally, maintaining this landscape would be difficult as it would need to be irrigated and protected from vehicles driving over it. Additionally, evergreen landscaping along the Salina River will not provide useful screening. The chain-link fence requiring screening is located against a berm and landscaping will be difficult to maintain. SECTION 4. CEQA. The project is exempt from the California Environmental Quality Act (CEQA), under Categorical Exemption § 15304, Class 4; Minor Land Alterations. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on June 20, 2023, resolved to approve a Conditional Use Permit to allow for an outdoor recreational vehicle storage yard (USE21-0107) subject to the following: 1. EXHIBIT A: Conditions of Approval 2. EXHIBIT B: Site Pan 3. EXHIBIT C: Preliminary Grading and Drainage Plan 4. EXHIBIT D: Landscape Plan (as modified) On motion by Commissioner _____________ and seconded by Commissioner ___________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) 38 ITEM 4 | 6/20/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jeff van den Eikhof Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 39 ITEM 4 | 6/20/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC EXHIBIT A: Conditions of Approval USE21-0107 Conditions of Approval Conditional Use Permit Outdoor Recreational Vehicle Storage 6805 Sycamore Road Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 1. This Conditional Use Permit shall be for an outdoor recreational vehicle storage yard as described in attached Exhibits, located at 6805 Sycamore Road (APN 028-121-001), regardless of owner. Ongoing PS 2. The approval of this use permit shall become final and effective the date of the hearing. Issuance of building permits may not occur prior to the appeal period of fourteen (14) days following the Planning Commission approval. Ongoing PS 3. 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%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit. Ongoing PS, CE 4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months after its effective date. At the end of this time period, the approval shall expire and become null and void unless the project has received a building permit or a time extension. BP PS 5. This use permit shall be valid for this site regardless of owner. If the storage land use ceases for more than 6 months following initial occupancy or if the City verifies that the use is not in compliance with Use Permit conditions, the use permit shall be revoked and shall be subject to the review and approval of a new use permit, subject to zoning and General Plan compliance at the time of revocation. Ongoing PS 6. The owner and 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. Ongoing CA Planning Services 7. The Conditional Use Permit shall allow an outdoor recreational vehicle storage yard as shown in Exhibit B. Ongoing PS 8. All landscaping, fencing and site improvements shall be maintained in good order. Any dead or non-performing landscape items shall be replaced within 30 days. Any damaged fencing, lighting, or site improvements shall be replaced immediately. Ongoing PS 9. No changes to fencing, landscaping, or site improvements may be installed without prior approval by the City. Ongoing PS 10. No cargo containers, inoperable vehicles, inoperable boats or inoperable RV’s shall be stored on-site. Only currently registered, operable vehicles or RV’s may be stored on-site. Ongoing PS 40 ITEM 4 | 6/20/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC 11. No storage of vehicles in any location other than in the designated on-site parking areas as identified in the site plan approved by Planning Commission may be stored on any portion of the site. Ongoing PS 12. No other land use shall be allowed in conjunction with the RV storage unless specifically approved by the City. Ongoing PS 13. No washing of vehicles, RV’s or Boats or other equipment may occur on-site. Ongoing PS 14. No dumping of RV waste or water tanks may occur on site at any time. Ongoing PS 15. No storage, paving, stockpiling, grading, or use of the site shall be allowed within 30 feet of the top of the bank of the Salinas River. Ongoing PS / BS 16. The realignment of the De Anza Trail shall be consistent with what is shown in Exhibit B. The trail shall be completed and fully landscaped per the approved landscape plan. Any modifications must be approved by the Community Development Director. Generally, taller vegetation shall be focused between the RV storage lot and the realigned De Anza Trail. Shorter species shall be planted between the De Anza Trail and Sycamore Road to avoid the trail from becoming a hidden corridor BP/ FI PS 17. The existing chain link fence adjacent to Sycamore Road and the realigned De Anza Trail shall be replaced with a split rail or pipe rail fence with a maximum height of 4 feet tall. Fence shall be installed prior to requesting a Planning Final. FI PS 18. All new fencing chain link fencing, other than fencing along the Salina River, shall be vinyl coated with a dark neutral color. The maximum fence height shall not exceed 6 feet. However, the addition of barbed wire (NOT Constantine wire) may be added to the top of interior fences along the RV storage lot. Fencing shall be installed prior to requesting a Final Planning Inspection. FI PS 19. Existing chain link fencing along Sycamore Road may be repurposed to be used as fencing adjacent to the Salinas River. FI PS 20. The applicant shall submit a landscape and irrigation plan, completed by a qualified professional, with their construction documents. The landscape plan shall be consistent with what is shown inf Exhibit D with additional landscaping focused on the following areas: _Along the De Anza Trail realignment _ In front of the existing construction yard, adjacent to Sycamore Road Landscaping and irrigation shall be installed prior to requesting a Planning Final Inspection. BP/FI PS 21. Ensure that the De Anza Trail realignment is built out to meet equestrian trail standards. FI PS 22. Maximum height of new light poles shall not be taller than 16 feet for each light pole. The lights shall be set to dim low level light until motion is detected. BP/ FI PS 23. A photometric light study shall be submitted with the building permits for the Phase 2 addition and shall consider all new lights proposed and all existing lights proposed to be retained. The lighting plan shall not include any lights that cause a light in excess of .01 footcandles on adjacent properties. Planning Services staff shall conduct a night-time inspection of lights before the building permits may be finaled. BP/FI 24. The Use Permit shall be subject to additional review upon receipt of operational complaints. Additional mitigation may be warranted upon verification of recurring noise or operational disturbances that impact residential properties. Ongoing PS 25. Archaeological monitoring is required with all ground disturbing activi ties. The applicant will be required to provide a signed contract with a certified archaeologist prior to building permit issuance. The archaeologist is required to provide a letter to the City prior to Planning Department Final stating that all recommended procedures were completed. BP/ FI PS Public Works 26. At Building permit submittal, provide updated Stormwater Control Plan (and reflect on Grading Plans) indicating the areas outside of the drive aisles will not BP PW 41 ITEM 4 | 6/20/2023 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC be compacted >85% compaction to allow infiltration to meet Post Construction requirement #1 to reduce impervious surface as far as practicable. 27. Parking spaces are noted to be native material and are susceptible to pollutant discharge from vehicles. At time of building permit submittal, on the plans and with supplemental documents, provide drip pans and spill kits for leaks or other spills, similar to what would be found in a municipal yard. (Reference industrial or municipal stormwater requirements for construction or corporation yard s pill prevention.) A disposal station with spill kit supplies and covered cans for soiled materials shall be located on the site for individuals using the facility and maintained by the company who leases the land and runs the business. A contact phone number shall be made available to call if a facility user/customer has a spill. Provide copy of a Spill Response Plan to City for review and approval. This plan must be in place to provide a procedure for cleaning up major spills, including sewage or gray water leaks, in a timely manner with contact information for those who would be responsible parties. BP/ Ongoing PW 42 EXHIBIT B: Site Plan USE21-0107 Light Pole Security Camera (N) 6’ vinyl coated chain link fence (E) Chain link fence De Anza Trail (N) Split rail fence (as conditioned) (N) 6’ vinyl coated chain link fence Repurposed 6’ chain link fence 43 ITEM | 11/15/2022 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC EXHIBIT C: Preliminary Grading and Drainage Plan USE21-0107 44 ITEM | 11/15/2022 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC EXHIBIT D: Landscape Plan (as modified) USE21-0107 45 ITEM | 11/15/2022 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC X X X X 46 Attachment 2: Site Photos USE21-0107 Existing Site (Facing Northwest) Existing Site (Facing Northeast) 47 ITEM | 11/15/2022 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC View of the site from Sycamore Road Existing construction yard 48 ITEM | 11/15/2022 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC De Anza Trail Entrance Location of new automated gate 49 ITEM | 11/15/2022 Sycamore RV Storage USE21-0107/ VSM Leasing and Rentals LLC Attachment 3: AMC 9-6.140 USE 21-0107 50