HomeMy WebLinkAboutPC Resolution 2024-0010PC RESOLUTION 2024-0010
RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ATASCADERO, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT USE24-0033 ALLOWING FOR
THE ESTABLISHMENT OF AN AUTOMOTIVE REPAIR SHOP WITH
TOWING AND OUTDOOR VEHICLE STORAGE, AND A MODIFICATION
OF FENCE SCREENING AND LANDSCAPE SETBACK
Barber Towing and Service
7625 San Luis Avenue, APN 030-241-058
WHEREAS, an application has been received from Barber Towing and Service
(Applicant) and Larry Price (Owner) to consider Conditional Use Permit USE24-0033 allowing
for the establishment of an automotive repair shop with towing and outdoor vehicle storage, and a
modification of the required fence screening and landscape setback on a 0.39 -acre property located
a 7625 San Luis Avenue (APN 030-241-058); and
WHEREAS, the site has a General Plan Designation of Service Commercial (SC); and
WHEREAS, the site is in the Commercial Service (CS) 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 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 Fence Screening and Landscape Setback Modification; 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 and Fence Screening and Landscape Setback
Modification:
SECTION 1. Recitals: The above recitals are true and correct and incorporated herein as
if set forth in fiill.
SECTION 2. Public Hearings. The Planning Commission held a duly noticed public
hearing to consider the project on May 21, 2024, and considered testimony and reports from staff,
the applicants, and the public.
SECTION 3. Findings for approval of Conditional Use Permit and Fence Screening and
Landscape Setback Modification. The Planning Commission finds as follows:
1. The proposed use is consistent with the General Plan.
Fact: The Project is consistent with all applicable General Plan goals and policies. The
project site has a Service Commercial use designation and is zoned Commercial
Service. The project site is privately owned and developed with a vacant 3,000 SF
structure. In the Commercial Service zoning district, Automotive Repair and Service is
an allowable use, subject to a Zoning Clearance, and Towing and Outdoor Vehicle
Storage is an allowable use, subject to the approval of a Conditional Use Permit.
2. The proposed project satisfies all applicable provisions of Title 9 of the City of
Atascadero Municipal Code (Zoning Regulations of the City of Atascadero).
Fact: The Project will satisfy all provisions of the Atascadero Municipal Code Title 9
of the City of Atascadero Municipal Code. The project site is zoned Commercial
Service which allows Automotive Repair and Service is an allowed use, subject to a
Zoning Clearance, and Towing and Outdoor Vehicle Storage is an allowed use, subject
to the approval of a Conditional Use Permit. The fence screening modification to allow
for only the portion of the existing fence that is located along the eastern property line
abutting an existing residential use to be screened and the landscape setback
modification to waive the minimum 10 -foot landscape setback between the public
street and the parking lot area and the planting of street trees are permissible subject to
the approval of a Conditional Use Permit. The use, as well as the general project
location and design, are consistent with development standards prescribed by the
municipal code.
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.
Fact: The Project 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 is it detrimental or
injurious to property or improvements in the vicinity of the use. The construction and
operation shall be expected to meet all applicable local regulations, project conditions,
and requirements of the state building code as adopted by the City.
4. That the proposed project will not be inconsistent with the character or the immediate
neighborhood or contrary to its orderly development.
Fact: The project is consistent character of the immediate neighborhood and aligned
with its orderly development. The project consists of the operation of an automotive
repair shop with towing and outdoor vehicle storage by utilizing the existing 3,000 -SF
building for automotive repairs and associated administrative office uses, installing an
interior fence to restrict access to the rear of the property for the secured storage of
towed vehicles and tow truck within an approximately 9,000 SF area (4,000 SF for
access to the automotive repair service bay and the parking area for tow fleet vehicles,
and 5,000 SF for towed vehicle storage), and minor facade changes to the building and
landscaping improvements on the 0.39 -acne property. The property is surrounded by
the following uses: a brewery and restaurant (Blast and Brew) to the south, non-
conforming residential uses to the east, an outdoor storage facility (Waste
Management) to the north, and San Luis Avenue and Highway 101 to the west. The
facility will be staffed by four to six employees and minimally intrusiveto any of the
surrounding uses. Conditions of approval are included to ensure the facility is
appropriately maintained for the life of the project.
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: Traffic generated by the Project will not exceed the road capacities of the General
Plan. The facility will have four to six permanent onsite employees and a minimal
number of customers dropping off vehicles for service or picking up towed vehicles
during normal business hours (8:00 am to 5:00 pm).
Fence Screening and Landscape Setback Modification Findings
6. That the specifically identified characteristics of the site or site vicinity would make
required fencing or screening unnecessary or ineffective.
Fact: There is existing 6'-0" tall chain link fencing along the entire northern and
eastern property lines. Along the southern property line, there is a significant elevation
change with an existing concrete masonry wall and a 3'-0" tall chain link fence on top.
The existing fencing encloses the entire portion of the property that is located behind
the existing structure. The project includes screening the portion of the existing fence
that is located along the eastern property line abutting an existing residential use.
Screening is unnecessary along the northern and western property lines due to the
existing site characteristics, an existing non -screened outdoor storage operation (Waste
Management bin storage), and the location of the existing building blocking the
visibility of the proposed outdoor storage area from the public view. A condition is
included to ensure that the fencing and screening are maintained for the project's life.
7. That the existing vegetation, topography or structural arrangement precludes the need
for landscaping.
Fact: The existing site is paved or improved with a structure, except for the two
landscape areas along the northwest corner of the site and the southwestcorner of the
building. To bring the site into compliance with the minimum 10 -foot landscape
setback required between the public street and the parking lot area and the street tree
requirement, substantial reconfiguration of the parking lot area would be necessary.
Due to the existing site conditions, the ability to reconfigure the parking lot area is
limited.
SECTION 4. CE A. The project is exempt from the California Environmental Quality
Act (CEQA), under Categorical Exemption §15301, Class 1: Existing Facilities as identified in the
attached Notice of Exemption.
SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on May 21, 2024, resolves to approve Conditional Use Permit USE24-0033,
subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: San Luis Avenue Elevation
EXHIBIT C: Site Plan
EXHIBIT D: Notice of Exemption
On motion by Commissioner Schmidt, and seconded by Commissioner Hughes the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Anderson, Carranza, Heath, Hughes, Schmidt, van den Eikhof, Keen (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
ADOPTED: May 21, 2024
CITY OF ASCADERO, CA
Tori een
Planning Commission Chairperson
Attest:
Phil Dunsmore
Planning Commission Secretary
Exhibit A: Conditions of Approval
USE24-0033
Conditions of Approval
Timing
Responsibility
USE24-0033
/Monitoring
Barber Towing and Service
BL: Business License
PS: Planning Services
BS: Building Services
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
FI: Final Inspection
CE: City Engineer
APN 030-249-058
TO: Temporary Occupancy
FO: Final Occupancy
WW: Wastewater
CA: CityAttomey
PLANNING DIVISION
1. This approval is for Conditional Use Permit USE24-0033 as depicted
Ongoing
PS
and described on the attached exhibits allowing for the establishment
of an automotive repair shop with towing and outdoor vehicle storage,
and a modification of the required fence screening and landscape
setback at 7625 San Luis Avenue (APN 030-241-058). The approval
of these entitlements project runs with the land, regardless of the
owner.
2. The approval of these entitlements shall become final and effective
Ongoing
PS
for the purposes of issuing building permits fourteen (14) days after
the Planning Commission hearing unless an appeal is made in
accordance with the Atascadero Municipal Code.
3. In accordance with the Atascadero Municipal Code section 9-8.105,
Ongoing
Ongoing
any violation of any of the conditions of approval may be cause for
revocation of this entitlement and subject the applicant and/or future
property owners to the penalties set for in the Atascadero Municipal
Code, as well as any other available legal remedies.
4. The Community Development Department shall have the authority to
BP
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.
5. Approval of these entitlements shall be valid for twenty-four (24)
BP
PS
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 time extension consistent with the Atascadero Municipal Code.
6. The applicant shall defend, indemnify, and hold harmless the City of
Ongoing
PS
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.
7. All outdoor lighting shall be fully shielded and directed downward
Ongoing
PS
directly to the ground. Any parking lot lighting shall include a
minimum 2" shield or 2" lens recess.
8. The existing wood posts and beams shall be repaired and /or
BP
PS
replaced.
9. The existing landscape areas shall be refreshed and replanted
BP, FI
PS
with additional landscaping material (i.e., drought -tolerant and/ or
native plants. One shade tree shall be planted in the existing
Ongoing
planters.
Planning shall ensure landscaping is installed consistently before
final building inspection. The applicant shall maintain the approved
landscaping for the life of the project. Compliance shall be
Conditions of Approval
Timing
Responsibility
USE24-0033
/Monitoring
Barber Towing and Service
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
APN 030-241-058
TO: Temporary Occupancy
FO: Final Occupancy
WW: Wastewater
CA: City Attorney
monitored and enforced during subsequent permitting for the
facility. All trees shall be maintained in a manner that allows the
tree to grow to its natural height and spread. No topping or
application of growth inhibitors shall be allowed.
10. The applicant shall submit a building permit to stripe the parking stalls
BP, FI
PS
in the lot in front of the building. Accessibility standards shall be met,
as required.
11. The fence along the east property line and the access gate shall be
BP, FI
PS
screened with corrugated metal fence panels or similar material to
minimize the visual impact of the outdoor vehicle storage area from
the adjacent residential uses and the public right-of-way.
12. All fencing and landscaping shall be maintained in substantial
Ongoing
PS
conformity in perpetuity unless otherwise approved by the
Community Development Department.
13. Commercial signage shall comply with AMC 9-15.007. A building
BP, FI
PS
permit shall be required prior to the installation of any future
commercial signage.
EXHIBIT B: Elevation - View from San Luis Avenue
USE24-0033
EXHIBIT C: Site Plan
USE24-0033
coy
EXHIBIT 0: Notice of Exemption
USE24-0033
CITY OF ATASCADERO
NOTICE OF EXEMPTION
6500 Palma Avenue Atascadero, CA 93422 805.461.5000
Date Received Stamp
TO: ® Clerk -Recorder Office
_._._._._._._._._._._._._._._._._._._._._._
County of San Luis Obispo
1055 Monterey Street Suite D120
San Luis Obispo, CA 93408
® Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM: City of Atascadero
Community Development Department
6500 Palma Avenue
Atascadero, CA 93422
SUBJECT: Filing of Notice of Exemption in Compliance with Sections 15062 and 21152 of the Public
Resources Code
Project Title: USE24-0033, Barber Automotive Repair, Towing, and Outdoor Vehicle Storage
Project Applicant: Barber Towing and Service, 4490 Traffic Way, Atascadero, CA 93422;
barber.towingandservice@gmail.com; (805) 305-8976
Project Location: 7625 San Luis Avenue, Atascadero, CA 93422 (APN 030-241-058)
Project Description: Conditional Use Permit with Fence Screening and Landscape Setback Modification
allowing for the establishment of an automotive repair shop with towing and outdoor vehicle storage on a 0.39 -
acre property located at 7625 San Luis Obispo Avenue (APN 030-241-058) in the Commercial Service (CS)
zoning district. The existing 3,000 SF building will be used for automotive repair service and associated
administrative office uses. A 6'-0" interior fence will be constructed behind the existing building with a
controlled access gate to securely store towed vehicles and tow truck fleet within an approximately 9,000 SF
area (4,000 SF for access to the automotive repair service bay and the parking area for the tow fleet vehicles,
and 5,000 SF for towed vehicle storage), and minor faced changes to the existing buildings and landscape
improvements.
Name of Public Agencpprovin,g Project: City of Atascadero
Name of Person or Agency Carrying Out Project: Barber Towing and Service
Exempt Status:
CITY OF ATASCADERO
NOTICE OF EXEMPTION
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❑ Ministerial (Sec. 15268); ❑ General Rule Exemption (Sec. 15061. c);
❑ Declared Emergency (Sec. 15269(a)); ® Categorically Exempt (Sec. 15301 - 15333);
❑ Emergency Project (Sec. 15269(b)(c)); ❑ Statutory Exemption (Sec. 15261 - 15285)
Reasons why the project is exempt: The project is exempt from environmental review pursuant to CEQA
Guidelines Section 15301 (Existing Facilities). The proposed project will utilize a previously developed site for
the establishment of an automotive repair shop with towing and outdoor vehicle storage. The proposed
alterations to the interior of the existing 3,000 SF building are limited to the repair and replacement of existing
plumbing fixtures. The exterior alterations are limited to the installation of a 6'-0" chain link fence with a
controlled access gate and the repair and replacement of the damaged existing four -post wood awning wood
posts and support beams. The site alterations are limited to replanting existing landscape areas and striping
parking spaces within the existing parking lot area. The are no sensitive environmental resources on the project
site or unusual environmental circumstances surrounding the project site. There are no scenic or historical
resources in the vicinity of the project site. The site is not a listed hazardous waste site property. There are no
cumulative impacts from associated successive projects.
Lead Agency Contact Person: Xzandrea Fowler, Planner
(805) 470-3160
xfowler@atascadero.org
Date Exemption Accepted: 05/21/2024
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