Loading...
HomeMy WebLinkAboutPC_2023-10-17_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, October 17, 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 moti on if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF THE DRAFT MINUTES OF OCTOBER 3, 2023 • Recommendation: Commission approve the October 3, 2023 Minutes. City of Atascadero Planning Commission Agenda Regular Meeting October 17, 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. 1930 EL CAMINO REAL CONDITIONAL USE PERMIT The project is a request for a Conditional Use Permit for health care services use in the CT Zone on APN 049-133-029 and 030 for MP Annex, LLC. (USE23-0099) • Recommendation: Staff’s recommendation is for the Planning Commission adopt PC Resolution, approving USE23-0099 and allowing a Health Care Service use in the CT zone, based on findings and subject to Conditions of Approval. 3. 9555 SANTA BARBARA ROAD CONDITIONAL USE PERMIT The project is a request for a Conditional Use Permit for seasonal sales of Christmas trees on APN 045-311-017 for Amy and Cory George (USE23-0082). • Recommendation: Staff’s recommendation is for the Planning Commission adopt PC Resolution, approving USE23-0082 allowing seasonal agricultural sales, based on findings and subject to conditions of approval. COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting scheduled for November 7, 2023 is being cancelled. A special meeting will be held on November 8, 2023. 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 October 17, 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 n oted 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 inform ation 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 individual, 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 accorda nce 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 eithe r read into the record or referred to in their statement will be noted in the Minutes and available for review by contacting the Community Development Department. All documents are available for public inspection during City Hall business hours by appointment. PC Draft Minutes of 10/3/2023 Page 1 of 3 ITEM NUMBER: 1 DATE: 10-17-23 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, October 3, 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 6:01 p.m. and Commissioner Anderson led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Heath, Hughes, Schmidt, Vice Chairperson Keen, and Chairperson van den Eikhof Absent: Commissioner Carranza (excused absence) Vacant: None Others Present: Annette Manier, Recording Secretary Staff Present: Senior Planner, Kelly Gleason Assistant Planner, Sam Mountain Staff Absent: Community Development Director, Phil Dunsmore APPROVAL OF AGENDA MOTION: By Commissioner Anderson and seconded by Commissioner Schmidt to approve the Agenda. Motion passed 6:0 by a roll-call vote. (Carranza absent) PUBLIC COMMENT None. Chairperson van den Eikhof closed the Public Comment period. 1 PC Draft Minutes of 10/3/2023 Page 2 of 3 ITEM NUMBER: 1 DATE: 10-17-23 CONSENT CALENDAR 1. APPROVAL OF THE DRAFT MINUTES OF SEPTEMBER 19, 2023 • Recommendation: Commission approve the September 19, 2023 Minutes. MOTION: By Commissioner Schmidt and seconded by Vice Chairperson Keen to approve the Consent Calendar. Motion passed 6:0 by a roll-call vote. (Carranza absent) PLANNING COMMISSION BUSINESS None COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. ZONE TEXT CHANGE The project includes amendments to Tile 9 of the Atascadero Municipal Code to expand allowances for kitchen facilities in hotels and motels. (ZCH23-0071) • Recommendation: Staff’s recommendation is for the Planning Commission to Adopt PC Resolution, recommending the City Council adopt a text amendment to Title 9 modifying the definition of a hotel/motel based on findings . DISCLOSURE OF EX PARTE COMMUNICATIONS: None. Planner Gleason presented the staff report, and answered questions from the Commission. A deed restriction will be recorded to state that any future owner will not be able to use these for long-term residential. PUBLIC COMMENT The following member of the public spoke: Peter Laughlin. Chairperson van den Eikhof closed the Public Comment period. Staff answered additional questions from the Commission. MOTION: By Vice Chairperson Keen and seconded by Commissioner Hughes to adopt PC Resolution approving ZCH23-0071 to adopt 2 PC Draft Minutes of 10/3/2023 Page 3 of 3 ITEM NUMBER: 1 DATE: 10-17-23 a text amendment to Title 9 modifying the definition of a hotel/motel based on findings. Motion passed 6:0 by a roll-call vote. (Carranza absent) COMMISSIONER COMMENTS AND REPORTS None DIRECTOR’S REPORT Senior Planner Gleason stated that staff would be reaching out to determine an alternate date for the next Planning Commission meeting. Senior Planner Gleason gave an update future meeting dates for Objective Design Standards, General Plan Update, and CEQA streamlining. ADJOURNMENT – 6:23 p.m. The next regular meeting is scheduled for November 7, 2023, at City Hall, 6500 Palma Avenue, Atascadero; however, this date may be changed to November 8th or 9th. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant 3 ITEM 2 1930 El Camino Real USE23-0099 / MP Annex LLC 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 USE23-0099 1930 El Camino Real / Health Care Services Use RECOMMENDATION(S): Planning Commission adopt Draft PC Resolution, approving USE23-0099 and allowing a Health Care Service use in the Commercial Tourism (CT) zone, based on findings and subject to Conditions of Approval. Project Info In-Brief: PROJECT ADDRESS: 1930 El Camino Real Atascadero, CA APN 049-133-029 PROJECT PLANNER Sam Mountain Assistant Planner (805)470-3404 smountain@atascadero.org APPLICANT M.P. Annex, LLC PROPERTY OWNER M.P. Annex, LLC GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE General Commercial Commercial Tourism (CT) 0.72 acres Vacant Health Care Services ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☒ Categorical Exemption CEQA – Guidelines Section 15301: Existing Facilities ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 4 ITEM 2 1930 El Camino Real USE23-0099 / MP Annex LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial / Surrounding North: South: East: West: CT (Commercial Tourist) CPK (Commercial Park) CT (Commercial Tourist), CR (Commercial Retail) Highway 101 ANALYSIS Project Description / Summary The proposed project consists of an application for a Minor Conditional Use Permit to operate the existing vacant building at 1930 El Camino Real (adjacent to the new Taco Bell) as a Health Care Service facility. The applicant plans to lease the entire building to a prospective health care service tenant. Atascadero Municipal Code Section 9-3.330 allows this use in the CT zone with approval of a minor Conditional Use Permit. Conditional uses are those uses which may or may not be appropriate based on the specific location or operations of a use. In approving a Conditional Use Permit, findings must be made that the use is consistent with the General Plan and Zoning Ordinance, and that it will not be inconsistent with the character of the immediate neighborhood. In the case of this request, the project site is adjacent to Highway 101 and is adjacent to a hotel and fast food use with an approved gas station yet to be constructed. The General Plan designates this site for tourist-oriented uses, such as hotels, restaurants, and recreation. Health care services is not typically considered a tourist-oriented use. However, this site is across El Camino Real from the Del Rio Marketplace project, which is envisioned to provide a variety of local and tourist serving uses such as a grocery store, offices, makers spaces, retail, and restaurants. Establishing health care services at this proposed location CT CPK CR 5 ITEM 2 1930 El Camino Real USE23-0099 / MP Annex LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero is consistent with the mix of uses proposed for the broader Del Rio area and will provide day-time clients and employees that can support those uses. In addition, health care services generally provide higher paying jobs that help support Atascadero residents and provide economic benefits to the City. While this site might ideally provide restaurant or retail opportunities, those options are better supported within the Marketplace development, where a greater level of business synergy will be provided. The existing Taco Bell focuses on drive-through customers and the marketplace is in close enough proximity to provide eating and leisure options for hotel guests. Parking Parking on site is shared between the Taco Bell use and this tenant space. There is a total of 61 spaces on-site with overflow parking potential on the hotel parcel to the north. A total of 31 spaces is required for the existing Taco Bell, resulting in a remaining 30 spaces for the health care tenant. A detailed floor plan has not been finalized ; however, based on the overall square-footage of the building, and accounting for applicant-provided estimates of auxiliary spaces (hallways, bathrooms, storage areas, etc.), the building space utilized for health care service use totals 3,250 square-feet. Per the Atascadero Municipal Code, healthcare uses require one space per 200 SF of floor area, resulting in a total requirement of 16 spaces. Based on this analysis, the site can accommodate parking for both uses. Staff has added a condition that all parking remain shared and not signed for a particular tenant with the exception of spaces needed for patient drop off in front of the health care office and short-term pick up spaces adjacent to the Taco Bell building. ENVIRONMENTAL DETERMINATION: The proposed project qualifies for Class 1 Categorical Exemption 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 153 01, because it involves an existing structure with no significant expansion of use. FINDINGS: To approve USE23-0099, the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached resolution. 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 6 ITEM 2 1930 El Camino Real USE23-0099 / MP Annex LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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 volum e of the surrounding neighborhood that would result from full development in accordance with the land use element; and 6. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; 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 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: 1. Draft Resolution 2. Site Photo 7 ITEM 2 1930 El Camino Real USE23-0099 / MP Annex LLC 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 USE 23-0099 DRAFT PC RESOLUTION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (USE23-0099) ALLOWING A HEALTH CARE SERVICE USE IN THE COMMERCIAL TOURIST ZONING DISTRICT AT 1930 EL CAMINO REAL APN 049-133-029 (MP ANNEX LLC) WHEREAS, an application has been received from an Applicant, M.P. Annex LLC (284 Higuera Street, San Luis Obispo, CA, 93401) to consider a Conditional Use Permit (USE 23-0099) to allow a Health Care Service use in the Commercial Tourist zoning district at 1930 El Camino Real; and WHEREAS, the site’s General Plan Designation is General Commercial (GC); and WHEREAS, the site’s Zoning is Commercial Tourist (CT); and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit 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, in a regular session assembled on October 17, 2023, resolved to approve a Conditional Use Permit for a health care services use at 1930 El Camino Real (USE23-0099). SECTION 3. CEQA. The Planning Commission finds as follows: 8 ITEM 2 1930 El Camino Real USE23-0099 / MP Annex LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 1. 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 solely involves the change of use of an existing facility and does not constitute an expansion of use. SECTION 4. Findings. The Planning Commission finds as follows: 1. The proposed use is consistent with the General Plan; and Fact: The proposed Health Care Services use at this location is consistent with the General Commercial land use designation in the General Plan and General Plan Land Use Element Goal LOC 14 for establishing a wide range of employment opportunities and expanding the availability of needed services. It is also consistent with Goal LOC 3, which aims to transform the existing El Camino Real “strip” into supporting uses which can provide long-term economic stability. An additional healthcare facility along El Camino Real would provide well-paying head-of-household jobs that are needed for Atascadero’s continued economic development while helping to close the widening gap between demand and supply for healthcare services in the City. The site is adjacent to the Del Rio Road Commercial Area Specific Plan where a variety of resident and tourist serving uses are planned. This use is compatible with those planned uses and will help support day-time activity at this major commercial node. 2. The proposed project satisfies all applicable provisions of the Title (Zoning Ordinance); and Fact: The project satisfies the provisions of the Atascadero Municipal Code. AMC 9- 3.330 allows for Health Care Service uses in the CT zone with approval of a Conditional Use Permit. The proposed parking is adequate to serve the proposed use. No modifications to the site or building are proposed with this application. 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 use is not detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, nor detrimental or injurious to property or improvements in the vicinity of the use. 4. That the proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and 9 ITEM 2 1930 El Camino Real USE23-0099 / MP Annex LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Fact: The proposed health care services use is consistent with the character of the neighborhood. While the subject parcel and those directly adjacent are zoned for tourist-serving uses, the broader Del Rio commercial node is envisioned to support a wide variety of resident and tourist serving uses. A health clinic is in consistent with the existing and planned land use patterns as it complements the diverse range of businesses and services in the neighborhood. 5. That the proposed project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Fact: The project is located off of El Camino Real, the most heavily-traveled arterial in the City. The applicant estimates approximately 25 to 30 daily visitors based on experience with other branches of the same health care provider, significantly fewer than what would be expected from a retail or restaurant use. 6. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; and Fact: The City council has adopted a policy limiting high traffic generating uses at certain impacted interchanges. The proposed use does not generate a high volume of traffic and therefore, is consistent with this city policy. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 17, 2023, resolved to approve Conditional Use Permit USE23-0099 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan 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: ( ) 10 ITEM 2 1930 El Camino Real USE23-0099 / MP Annex LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Jeff van den Eikhof Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 11 ITEM 2 1930 El Camino Real USE23-0099 / MP Annex LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit A: Conditions of Approval USE 23-0099 Conditions of Approval / Mitigation Monitoring Program 1930 El Camino Real USE 23-0099 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. This Conditional Use Permit shall allow for the establishment of a Health Care Services use at 1930 El Camino Real, described on the attached exhibits and located on APN 049-133-029, 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, BS, CE 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 project has received a building permit. If the use is established and becomes vacant, establishment of a similar use shall be done in accordance with the City’s non-conforming use code. 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. All parking on the 1920/1930 El Camino Real site shall remain shared and not signed for a particular tenant, with the exception of spaces needed for patient drop off in front of the health care office and short- term pick up spaces adjacent to the building at 1920 El Camino Real. Ongoing PS 7. Hours of operation shall be limited to 7 am to 9 pm. Ongoing PS Public Works Conditions 8. Any utility connections that are inadequately-sized for a healthcare use shall be resized to current standards prior to final. BP/FI CE Fire Conditions 9. Structure shall meet all Fire Code requirements for its newly-designated use prior to final. BP/FI FD 12 ITEM 2 1930 El Camino Real USE23-0099 / MP Annex LLC 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 USE 23-0099 13 ITEM 2 1930 El Camino Real USE23-0099 / MP Annex LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Site Photo USE 23-0099 14 ITEM 3 Seasonal Agricultural Sales USE23-0082 / George 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 USE 23-0082 Santa Barbara Tree Farm RECOMMENDATION(S): Planning Commission adopt Draft Resolution, approving USE23-0082 and allowing seasonal agricultural sales at 9555 Santa Barbara Road, based on findings and subject to conditions of approval. Project Info In-Brief: PROJECT ADDRESS: 9555 Santa Barbara Road Atascadero, CA APN 045-311-017 PROJECT PLANNER Sam Mountain Assistant Planner (805)470-3404 smountain@atascadero.org APPLICANT Amy George PROPERTY OWNER Amy and Cory George GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Suburban Estate (SE) Residential Suburban (RS) 24.53 acres Residential Accessory -- seasonal agricultural sales ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☒ Categorical Exemption CEQA – Guidelines Section 15304: Minor Alternations to Land ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 15 ITEM 3 Seasonal Agricultural Sales USE23-0082 / George Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial / Surrounding North: South: East: West: Unincorporated land Unincorporated land OS (Open Space / Salinas River), Unincorporated land RS (Residential Suburban), SP1 (Specific Plan Zone 1) Project Description / Summary The proposed project consists of an application for a Minor Conditional Use Permit to allow seasonal agricultural sales of Christmas trees and other seasonal items, such as pumpkins. Project History The subject property is located at the southern edge of the City limits bordering Santa Barbara Road and the Salinas River. Union Pacific Railroad bisects the property toward the eastern edge. A portion of the property is in the floodway, focused on the east side of the railroad tracks. There are 2 existing residences on the property that are accessed off Santa Barbara Road and through the associated adjacent family property at 12005 Alondra Road. This property has been in the applicant’s family for over 90 years. The current owners, Amy and Cory George, purchased it from Amy’s parents in 2015. The owners began planting approximately 10 acres of holiday trees in 2016 with plans to establish a commercial seasonal tree farm. The applicants o btained a temporary seasonal sales business license for the 2022 season and applied for a use permit to permanently establish the business going forward. Last year, the farm had approximately 10 -20 customers per day on weekdays and 30-50 per day on weekends during their 2-week RS RS/SP1 OS Unincorporated Unincorporated 16 ITEM 3 Seasonal Agricultural Sales USE23-0082 / George Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero sales period. The Georges hope to continue this use and open fully during the upcoming 2023 holiday season. Analysis Conditional uses are those uses which may or may not be appropriate based on the specific location or operations of a use. Atascadero Municipal Code does not have a code section specifically related to permanent commercial seasonal sales uses on rural properties, however, the code does outline standards for agricultural produce stands, which are allowed on residential properties, and seasonal or temporary sales, which are generally more commercial in nature. AMC 9-6.117 “[a]gricultural produce stands”, which is generally meant for small -scale residential sale of crops grown on site, sets standards for location to address safety concerns with access and impacts to adjacent residences. These standards require temporary stands to be located on a collector or arterial road and the sales area to be at least 200 feet from any residence besides that of the applicant. The proposed project meets these standards. AMC 9-6.174 “[s]easonal or temporary sales” limits the location of sales to the site where seasonal agricultural products are grown, or in a private parking lot with permission of the owner. The section also sets a time limit on seasonal sales but lists an exception for sales occurring on the same property as the products are grown. While this use is listed as allowed in commercial zoning districts only, the standards governing the sales of crops or products grown on site expand this allowance to rural residential parcels. In this case, the sales are proposed to occur on the same property where the trees are grown, fulfilling these requirements. The applicants are also hoping to expand the business to include other seasonal sales such as pumpkins. Approval of the Minor Use Permit can grant modifications to the code standards, as appropriate, and conditions have been included to allow for the fall sales of pumpkins either grown on- or off-site. Site Amenities The applicant is proposing minimal site amenities based on the seasonal nature of the use. Proposed amenities include portable restrooms, a sales shed and trailer, and temporary tents for pre-cut trees and additional sales support on busier days. The shed and trailer are rustic in nature and are consistent with the theme of the seasonal sales use. A condition has been added to ensure maintenance of this theme should facilities be replaced over time. Parking Public access to the site is provided from Santa Barbara Road. Parking 17 ITEM 3 Seasonal Agricultural Sales USE23-0082 / George Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero is proposed off a 2-way drive aisle with spaces along the Santa Barbara Road edge of the site. The parking area will not be paved, consistent with the rural nature of the use. The Municipal Code does not mandate any defined numerical parking standards for seasonal or temporary sales as these uses can vary by scale and location. Curre nt code (AMC 9-6.174) states that there must be sufficient open area to accommodate all employee and customer parking needs on -site. In addition, AMC 9-6.117 (agricultural produce stands) requires three (3) off-street spaces for temporary sales, assuming a small-scale roadside stand. This project meets or exceeds both requirements providing an estimated 22 spaces plus open space for overflow parking. Parking along Santa Barbara Road is limited based on current paved road width and a condition has been included to require all patron parking on-site to minimize neighborhood impacts. Hours and Times of Operation As a seasonal sales use, the time at which the business is open will be limited based on the nature of the items being sold. Tree farms generally open after the Thanksgiving Holiday through Christmas day. Many tree farms have a shorter sales period to avoid overharvesting and remain sustainable. Conditions have been included limiting the timeframe for seasonal sales as well as hours of operation, taking into consideration the applicants request to provide some fall product sales as well. Seasonal sales will be allowed for two 5-week periods annually. This would allow for holiday tree sales as well as pumpkin sales. Daily hours will be limited to 10am through 8pm during the sales season. Conclusion The proposed Conditional Use Permit allows the property at 9555 Santa Barbara Road to be used for seasonal sales of Christmas trees and fall pumpkins. The site provides adequate parking and space for this use. The project is conditioned to mitigate potential impacts to residential neighbors. ENVIRONMENTAL DETERMINATION: The proposed project qualifies for a Categorically Exempt (Class 4) 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 Re gulations §§ 15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15304, because it is limited to a temporary use of land having negligible permanent effects on the environment. The sale of Christmas trees is explicitly listed as a use that would quali fy for a Class 4 exemption in Section 15304. FINDINGS: To approve USE23-0082, the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached resolution. 18 ITEM 3 Seasonal Agricultural Sales USE23-0082 / George 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; 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; 6. The proposed project is in compliance with any pertinent city policy or criteria adopted by ordinance or resolution of the city council; 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 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: 1. Draft Resolution 2. Site Photos 19 ITEM 3 Seasonal Agricultural Sales USE23-0082 / George 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 PC Resolution USE 23-0082 DRAFT PC RESOLUTION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (USE23-0082) ALLOWING SEASONAL AGRICULTURAL SALES IN THE RS ZONING DISTRICT APN 045-311-017 (Amy and Cory George) WHEREAS, an application has been received from an applicant, Amy George (9555 Santa Barbara Road), to consider a Conditional Use Permit (USE23-0082) to allow a Seasonal Agricultural Sales use in the Residential Suburban (RS) zoning district; and WHEREAS, the site’s General Plan Designation is Suburban Estates (SE); and WHEREAS, the site’s Zoning is Residential Suburban (RS); and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit 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. 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, in a regular session assembled on October 17, 2023, resolved to approve a Conditional Use Permit for seasonal agricultural sales at 9555 Santa Barbara Road (USE23-0082). SECTION 3. CEQA. The Planning Commission finds as follows: 1. The proposed project is Categorically Exempt (Class 4) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et 20 ITEM 3 Seasonal Agricultural Sales USE23-0082 / George Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15304, because it is limited to a temporary use of land having negligible permanent effects on the environment. SECTION 4. Findings. The Planning Commission finds as follows: 1. The proposed use is consistent with the General Plan; and Fact: The proposed seasonal agricultural sales use at this location is consistent with its Suburban Estates designation within the General Plan, which notes that this land use designation encourages accessory agricultural uses. 2. The proposed project satisfies all applicable provisions of the Title (Zoning Ordinance); and Fact: The project as conditioned satisfies the provisions of the Atascadero Municipal Code. AMC 9-6.117 and AMC 9-6.174 both allow agricultural sales on residential properties. 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. 4. That the proposed project will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and Fact: The proposed use follows the character of the immediate neighborhood given the rural nature of surrounding properties. There is adequate space between the proposed sale area and nearby residential properties to mitigate the impacts of commercial activity. 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; and Fact: The project is located off of Santa Barbara Road, a collector road leading to El 21 ITEM 3 Seasonal Agricultural Sales USE23-0082 / George Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Camino Real. Traffic is expected to be minimal and occur over a short period of time. This assumed volume of traffic would not be disruptive or excessive in relation to the road’s capacity. 6. The proposed project is in compliance with any pertinent city policy or criteria adopted by ordinance or resolution of the city council; and Fact: There are no established policies applicable to this application. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 17, 2023, resolved to approve Conditional Use Permit Use USE 23- 0082, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan 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 Seasonal Agricultural Sales USE23-0082 / George Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit A: Conditions of Approval USE 23-0082 Conditions of Approval / Mitigation Monitoring Program 9555 Santa Barbara Road USE 23-0082 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. This Conditional Use Permit shall allow for the establishment of a Seasonal Agricultural Sales use at 9555 Santa Barbara Road, described on the attached exhibits and located on APN 045-311-017, 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, 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 period, the approval shall expire and become null and void unless the land use has become established and the business license is maintained. If the use is established and becomes vacant, or the business license lapses for a period of 6 months or greater, establishment of a similar use shall be done in accordance with the City’s non-conforming use code. 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. All activities related to this use shall take place entirely within the property at 9555 Santa Barbara Road, APN 045-311-017, and shall not encroach into City or County right-of-way or any neighboring properties. Ongoing PS 7. Seasonal sales shall be allowed for two 5-week periods annually. These periods shall be used for the sale of Christmas trees and pumpkins grown on- and off-site. Ongoing PS 8. Daily hours for commercial activity shall be limited to 9am through 8pm during the sales periods. Ongoing PS 9. All customer parking shall be accommodated on-site and off of City or County right-of-way. Ongoing PS, CE 23 ITEM 3 Seasonal Agricultural Sales USE23-0082 / George Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval / Mitigation Monitoring Program 9555 Santa Barbara Road USE 23-0082 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. All existing and future onsite structures associated with the seasonal agricultural sales use shall maintain a rustic or agrarian theme consistent with the nature of the use. Ongoing PS 24 ITEM 3 Seasonal Agricultural Sales USE23-0082 / George 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 USE 23-0082 25 ITEM 3 Seasonal Agricultural Sales USE23-0082 / George Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Site Photos USE 23-0082 Tree Growing Area, Turnaround/Overflow Parking 26 ITEM 3 Seasonal Agricultural Sales USE23-0082 / George Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Main Parking Area 27