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Home My WebLink AboutPC Resolution 2023-0018PC RESOLUTION 2023-0018 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN ADMINISTRATIVE USE PERMIT (USE23-0067) TO ALLOW INCREASED SIGNAGE AT 9590 EL CAMINO REAL APN 056-071-011 (AMB Enterprises, Inc.) WHEREAS, an application has been received from the Applicant, AMB Enterprises, Inc., (6708 Foothill Blvd., Tujunga, CA 91042), and owner Dinesh Sharda, Pardin Enterprises Inc., (9590 El Camino Real Atascadero, CA 93412) to consider an Administrative Use Permit (USE23- 0067) to allow increased signage at the ARCO service station at 9590 El Camino Real; and WHEREAS, the site's General Plan Designation is General Commercial (GC); and WHEREAS, the site's Zoning is Commercial Tourism (CT); and WHEREAS, a previous application for the proposed signage was heard by the Administrative Hearing Officer in a public hearing held on September 7, 2022; and WHEREAS, The Administrative Officer found the proposed increased signage area to be inconsistent with Atascadero Municipal Code 9 -1.112(d)(1) -(d)(3) and denied the project based on those findings; and WHEREAS, the applicant failed to appeal the Administrative Hearing Officer's decision within the established appeal period; and WHEREAS, the applicant submitted the same application for new consideration on June 29, 2023; and WHEREAS, due to the previous denial by the Administrative Hearing Officer, this application has been elevated to the Planning Commission by the Community Development Director; and WHEREAS, the proposed project qualifies for a Categorical Exemption consistent with CEQA section 15301: existing facilities; 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 Administrative 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 Administrative Use Permit; and WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 8, 2023, studied and considered the Administrative Use Permit USE 23-0067. 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 Administrative 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 duly noticed public hearing assembled on November 8, 2023, studied and considered the Administrative Use Permit USE23-0067. SECTION 3. Findings. The Planning Commission finds as follows: Administrative Use Permit: Modification of the applicable standard will not result in a project that is inconsistent with the General Plan; Fact: A significant portion of policies within the General Plan are dedicated to attracting and supporting commercial businesses, especially along major vehicular corridors. The General Plan also aims to expand tourist commercial nodes near freeway interchanges through Policy 13.3. Allowing ARCO to expand their signage to meet corporate standards will provide enhanced wayfinding for those traveling along El Camino Real and potentially expand the customer base for a tourist -serving use. 2. Modification of the applicable standard will not result in a project that is inconsistent with the character of the immediate neighborhood or contrary to its orderly development; Fact: The project will not be inconsistent with the character of the neighborhood or contrary to its orderly development. The immediate neighborhood of the project is commercial and tourist -serving in nature. The majority of the signage area in the project is color banding without text and should not cause significant visual impact. 3. Modification of the applicable standard will not result in a project that is not in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; and Fact: The proposed oversized signage can be permitted through the Administrative Use Permit process as identified in the Municipal Code. The proposed project is consistent with all applicable provisions with approval of an Administrative Use Permit. 4. Modification of the applicable standard will not result in the authorization of a use not otherwise allowed. Fact: This project does not involve a change of use nor a significant expansion of an existing use. Gas stations are an allowed use in the Commercial Tourist zone. Signage Design Exception: 1. The signs are consistent with the purposes set forth in Section 9-15.002; and Fact: The signage, as proposed, meets the purposes set forth in Section 9-15.002. It does not impede or distract travelers or create visual clutter with excessive text or animation. Additionally, the signage enhances brand communication and improves wayfinding by meeting the corporate standards that consumers have come to associate with ARCO gas stations. 2. The opportunity to combine signs for more than one (1) use on a single sign structure has been considered; and Fact: All signage associated with this project is on a single structure. SECTION 4. CEOA. 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 is limited to the application of a vinyl decal and LED light strip to an existing structure. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 8, 2023, resolved to approve Administrative Use Permit USE23-0067 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Proposed Color Banding EXHIBIT D: Elevations On motion by Chairperson van den Eikhof, and seconded by Commissioner Anderson, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Heath, Keen, van den Eikhof (4) NOES: Schmidt (1) ABSENT: Hughes, Carranza (2) ABSTAINED:None ADOPTED: November 8, 2023 CITY OF ATASCADERO, CA Jeff ikhof Planning Commission Chairperso ATTEST: Phil Dunsmore Planning Commission Secretary (0) Exhibit A: Conditions of Approval U SE23-0067 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility /Monitoring PS: Planning Services 9590 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fin: Department BP: Building Permit PD: Police Department USE23-0067 R: Final Inspection TO: Temporary Occupancy CE: City Engineer WW: Wastewater F0: Final Occupancy CA: City Attorney Planning Services Conditions 1. This Administrative Use Permit shall allow for increased signage on a Ongoing PS gas station canopy consisting of color banding around the perimeter of the gas station canopy at 9590 EI Camino Real (APN 056-071- 011), as described in attached Exhibits, regardless of owner. 2. The approval of this use permit shall become final and effective for Ongoing PS 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. 3. The Community Development Department shall have the authority to BP 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 Administrative Use Permit shall be valid for twenty- BP/Ongoing PS 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 signage is removed for a period of greater than 6 months, any new signage 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. Color banding shall be consistent with what is shown in Exhibit C, BP PS with the following modifications: - LED lighting strip is not included in this approval and will not be permitted unless an appeal or amendment is approved. Exhibit B: Site Plan USE23-0067 a — C 7 • M Y 4� N a - as a ' Xri A .9 x S?A DJcca-Q e- N {F,. r N %j r f V ryi d' ui 7 W 9 QQQfm an Ey 4" m :T 7fr\ ATTACHMENT 6: Examples of proposed lighting and color banding USE 23-0067