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Home My WebLink AboutPC Resolution 2023-0017PC RESOLUTION 2023-0017 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 fmdings, 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: 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 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 Schmidt, and seconded by Commissioner Anderson, 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 • ��+�>= Ail, • ATTEST: Phil Dunsmore Planning Commission Secretary (0) Exhibit A: Conditions of Approval USE 23-0099 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility /Monitoring 1930 El Camino Real PS: Planning Services BL: Business License BS: Building Services GP: Grading Permt FD: Fre Depw1ment USE 23-0099 BP: Building Permit PD: PoliceDepartrnent FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA City Attomey Planning Services Conditions 1. This Conditional Use Permit shall allow for the establishment of a Ongoing PS Health Care Services use at 1930 EI Camino Real, described on the attached exhibits and located on APN 049-133-029, 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, BS, 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 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. 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. Hours of operation shall be limited to 7 am to 9 pm. Ongoing PS Public Works Conditions 7. Any utility connections that are inadequately -sized for a healthcare use BP/FI CE shall be resized to current standards prior to final. Fire Conditions 8. Structure shall meet all Fire Code requirements for its newly -designated BP/FI FD use prior to final. 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