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Home My WebLink AboutPC Resolution 2023-0016PC RESOLUTION 2023-0016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW SEASONAL AGRICULTURAL SALES AT 9555 SANTA BARBARA ROAD APN 045-311-017 AMY AND CORY GEORGE (USE23-0082) 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 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 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 USE23-0082, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan On motion by Commissioner Anderson, and seconded by Commissioner Heath, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Heath, Schmidt, van den Eikhof (4) NOES: None (0) ABSENT: Carranza, Hughes, Keen (3) ABSTAINED: None ADOPTED: October 17, 2023 ATTEST: Phil Dunsmore Planning Commission Secretary (0) CITY OF ATASCADERO, CA Exhibit A: Conditions of Approval USE 23-0082 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility /Monitoring PS: Planning Services 9555 Santa Barbara Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department USE 23-00$2 FI: Final Inspection TO: Temporary Occupancy CE: City Engineer WW: Wastewater FO: Final Occupancy CA: City Attorney Planning Services Conditions 1. This Conditional Use Permit shall allow for the establishment of a Ongoing PS Seasonal Agricultural Sales use at 9555 Santa Barbara Road, described on the attached exhibits and located on APN 045-311-017, regardless of owner. 2. The approval of this use permit shall become final and effective for the Ongoing PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval, unless an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BL PS, CE approve the following minor changes to the project that (1) modify the site plan project by less than 10%, and/or (2) result in a superior site design or appearance. 4. Approval of this Conditional Use Permit shall be valid for twenty-four BL PS (24) months after its effective date. At the end of 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. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing CA Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning this conditional use permit. 6. All activities related to this use including, but not limited to, parking, Ongoing PS sales, signage, and tree growing, 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. 7. Seasonal sales shall be allowed for two 5 -week periods annually. Ongoing PS These periods shall be used for the sale of Christmas trees and pumpkins grown on- and off-site. 8. Daily hours for commercial activity shall be limited to 9am through 8pm Ongoing PS during the sales periods. 9. All existing and future onsite structures associated with the seasonal Ongoing PS agricultural sales use shall maintain a rustic or agrarian theme consistent with the nature of the use. Conditions of Approval / Mitigation Monitoring Program 9555 Santa Barbara Road USE 23-0082 10. Prior to the beginning of the 2024 holiday sales season, the applicant shall submit to the Department of Public Works, County of San Luis Obispo, an encroachment permit application, and fees, to install improvements within the public right-of-way in accordance with County Public Improvement Standards for reconstructing the existing Santa Barbara Road site access in accordance with B-1 a rural driveway standards, A -5a and A -5b sight distance standards. Timing Responsibility /Monitoring PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA: City Attorney Ongoing PS 11. The Community Development Department shall reserve the right to add Ongoing PS additional requirements related to Santa Barbara Road traffic improvements if found to be necessary following the 2023 sales period. These improvements shall be required to be implemented prior to the 2024 sales period. 0