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Home My WebLink AboutPC Resolution 2024-0011PC RESOLUTION 2024-0011 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (USE24-0018) ALLOWING A TOBACCO RETAILER USE IN THE COMMERCIAL TOURIST ZONING DISTRICT AT APN 056-071-014 9520 EL CAMINO REAL, SUITE A (JOSEPH) WHEREAS, an application has been received from Jessie Joseph (Applicant) and Ernesto Gomez, Owner, to consider a Conditional Use Permit (USE 24-0018) to allow a tobacco retailer use in the Commercial Tourist zoning district at 9520 El Camino Real Suite A (APN 056-071- 014); and WHEREAS, the site's General Plan Designation is General Commercial (GC); and WHEREAS, the site's Zoning District is Commercial Tourist (CT); and WHEREAS, the laws and regulations relating to the preparation and pylic 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 Commissionof 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 May 21, 2024, resolved to approve a Conditional Use Permit for a tobacco retailer use at 9520 El Camino Real Suite A (USE24-0018). SECTION 3. CEQA. The Planning Commission finds as follows: The proposed project is Categorically Exempt (Class 3) 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.) pursuant to CEQA Guidelines Section 15303, because itis limited to a change of use in an existing small structure with negligible modificationsto the exterior of the structure. SECTION 4. Findings. The Planning Commission finds as follows: 1. The proposed use is consistent with the General Plan; and Fact: The proposed tobacco shop use at this location is consistent with the General Commercial land use designation in the General Plan and General Plan Land Use Element Goals LOC 13 and LOC 14, which aim to establish a wide range of employment and business opportunities. 2. The proposed project satisfies all applicable provisions of the Title (Zoning Ordinance); and Fact: The project satisfies the provisions of the Zoning Ordinance. AMC § 9-3.330 allows tobacco retailers, classified under "Retail Sales — Restricted," in the CT zone with approval of a Conditional Use Permit. The parking supplied by Montecito Plaza's shared parking agreement is adequate to serve the proposed use. No exterior modifications to the site or building besides new commercial signage 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: As conditioned, 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 tobacco retailer use is consistent with the character of the neighborhood. The subject parcel and those directly adjacent are zoned for tourist - serving uses, and nearby commercial uses, such as the adjacent gas station and convenience store, sell a similar range of products. A tobacco shop would be consistent existing and planned land use patterns and supplements the diverse range of businesses 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. Previous uses in this tenant space have generally produced levels of traffic similar to that which would be produced by the proposed tobacco retailer. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 21, 2024, resolved to approve Conditional Use Permit USE24-0018 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: El Camino Frontage Allowed Signage Area On motion by Commissioner Carranza 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) ABSENT: None (0) ABSTAINED:None (0) ADOPTED: May 21, 2024 CITY OF,ATASCADERO, CA fT Tori Keen Planning Commission Chairperson ATTEST: Phil Dunsmore Planning Commission Secretary Exhibit A: Conditions of Approval USE 24-0018 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility /Monitoring 9520 EI Camino Real, Suite A PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department USE 240018 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA City Attorney Planning Services Conditions 1. This Conditional Use Permit shall allow for the establishment of a Ongoing PS tobacco retailer use at 9520 EI Camino Real Suite A, described on the attached exhibits and located on APN 056-071-014, regardless of owner. 2. The approval of this use permit shall become final and effective for the Ongoing PS purposes of issuing a business license and/or 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 approve minor changes to the project that (1) modify the 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 business license or 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. Sales of tobacco products shall be limited to within the exterior walls of Ongoing PS the subject tenant space, and shall not occur from a vehicle, on foot, or otherwise from a separate or mobile location. 7. The applicant shall provide a valid California Cigarette and Tobacco BL PS Products Retailer's License upon application for a business license and prior to opening of the business. 8. Sales on the premises shall comply with all applicable sections of State Ongoing PS/PD law and the Atascadero Municipal Code. 9. Window signs or displays affixed to windows shall occupy no more than Ongoing PS 25% of the surface area of any given window, and shall be limited to lettering, graphics, and perforated window film. Signs related to the operation of the business (operating hours, open/closed signs, etc.) or required by law, not to exceed six square feet in total, are excluded from this condition. 10. Permanent signage outside of the window surface shall be limited to the Ongoing/BP PS following: - A single wall sign facing EI Camino Real with a maximum area of 30 square -feet, which shall be horizontally centered above the main tenant space windows, as shown in Exhibit B. Conditions of Approval / Mitigation Monitoring Program Timing Responsibility /Monitoring 9520 EI Camino Real, Suite A PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fin; Department USE 240018 BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA City Attorney -A single wall sign facing Santa Rosa Road with a maximum area of 30 square -feet, which shall be horizontally centered on one of the three architectural projections along the Santa Rosa Road frontage. A building permit must be obtained prior to the installation of any wall sign. 11. The project site shall be maintained in good, clean, orderly manner, free Ongoing PS/PD of any debris or junk materials. 12. Storefront glass shall be clear without reflective coating or dark tinting, Ongoing PS with the exception of glazing with at least 85% transparency and low emissivity. 13. No display cases, blinds, or other obstructions shall cover any window Ongoing PS surface, exclusive of signage, whether interior or exterior, during operating hours. 14. Blinds, slats, or similar window coverings shall be of high quality, kept in Ongoing PS good repair, and not constructed from aluminum or other metals. 15. No adult oriented material, as defined in Atascadero Municipal Code § Ongoing PS/PD 9-16.02, shall be sold on the premises. 16. No bars or other physical security barriers shall be installed over Ongoing PS windows or doors without the approval of the City. 17. The Community Development Department and Police Department shall Ongoing PS/PD reserve the right to add additional requirements related to public safety and welfare if found to be necessary following the first year of business. P' r 1p U3 ;dam z �o uj O N W yy� Cr (13 p 1W f, J`z x a Z zunodjo 0z W® 0Lo0m0 a Q O O w _3 zz��<c�n z -j0- jOM I