Loading...
HomeMy WebLinkAboutPC Resolution 2025-0007PC RESOLUTION 2025-0007 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (USE25-0060) TO ESTABLISH AN OUTDOOR SALES LOT USE AND A FENCING AND SCREENING CODE MODIFICATION ON APN 056-081-036 CENTRAL COAST SHED AND STEEL 9700 El Camino Real WHEREAS, an application has been received from Central Coast Shed and Steel to consider a Conditional Use Permit (USE25-0060) for an outdoor sales lot at 9700 El Camino Real, Atascadero, CA 93422 (APN 056-081-036); and WHEREAS, the site has a General Plan Designation of General Commercial (GC); and WHEREAS, the site is in the Commercial Tourist zoning district (CT); and WHEREAS, the application includes a request for approval of a fencing and screening modification pursuant to Atascadero Municipal Code (AMC) § 9-4.128(b)(3); 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 and Lot Merger 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 application; and NOW, THEREFORE the Planning Commission of the City of Atascadero, California, hereby finds, resolves, and determines as follows: SECTION 1. Recitals: The above recitals are true and correct and incorporated herein as if set forth in full. SECTION 2. Public Hearings. The Planning Commission held a duly noticed public hearing to consider the project on November 6, 2025, and considered testimony and reports from staff, the applicants, and the public. SECTION 3. Facts and Findings. The Planning Commission makes the following findings, determinations and approvals with respect to the project approvals: Docusign Envelope ID: E71D3AA4-7772-49FD-A7EE-E97DCFEC42D6 A. Findings for Approval of a Conditional Use Permit 1. FINDING: The proposed project or use is consistent with the General Plan FACT: The Project is consistent with all applicable goals and policies of the General Plan. The property has a land use designation of General Commercial and is zoned Commercial Tourism. The General Plan states that one of the intended uses of this zone is for limited commercial uses that serve travelers along Highway 101. Sales lots are conditionally allowed within the Commercial Tourism zone. 2. FINDING: The proposed project or use satisfies all applicable provisions of the Zoning Ordinance FACT: The project as conditioned satisfies all applicable provisions of the Zoning Ordinance. The property is zoned Commercial Tourist. Sales lots are allowed in this zone, subject to approval of a Conditional Use Permit. A screening modification is included in this approval to retain existing fencing along the side and rear boundaries of the project site. 3. FINDING: 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 will not be detrimental to the health, safety, or welfare of the community. The proposed outdoor sales lot will sell premanufactured units. No construction will occur on site; therefore, the project will not pose any construction-related hazards to the public. The project has been reviewed by the Public Works, Planning, Building, and Fire departments for compliance with applicable building code, fire, and engineering standards. 4. FINDING: The proposed project or use will not be inconsistent with the character of 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 site is located along E Front Street commercial corridor. The project is intentionally designed to face the E Front Street frontage, with all the units facing Highway 101. The design allows for maximum compatibility and reduction of conflicts with adjacent commercial uses. 5. FINDING: The proposed use or 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 Docusign Envelope ID: E71D3AA4-7772-49FD-A7EE-E97DCFEC42D6 FACT: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. 6.FINDING: The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. FACT: The project is consistent with the General Plan and municipal code, as conditioned. B. Findings for Fencing and Screening Modification 7. FINDING: The characteristics of the site or site vicinity would make required fencing or screening unnecessary or ineffective. FACT: The existing chain-link fencing along the sides and rear of the property, combined with landscaping, provides adequate screening and is appropriate for the use. The continued use of this existing chain-link fencing, supplemented with the existing landscaping, will not adversely affect the surrounding area. 8. FINDING: The existing fence is consistent with the neighborhood character and does not impair site distance for vehicular traffic. FACT: As conditioned, the fence will be consistent with the intended aesthetic for sales lot uses within the commercial tourism zone. The existing site fencing will provide site security while meeting fencing and screening standards of street and highway fronting properties. The City Engineer has reviewed the fence and has no concern regarding sight distance. SECTION 4. CEQA. The project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15304 (Minor alterations to land) and Section 15311 (Accessory Structures) exemptions of the CEQA Guidelines, in accordance with the attached Notice of Exemption. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 4, 2025, resolved to approve the Project consistent with the following: 1. EXHIBIT A: Conditions of Approval 2. EXHIBIT B: Site Plan 3. EXHIBIT C: Notice of Exemption Docusign Envelope ID: E71D3AA4-7772-49FD-A7EE-E97DCFEC42D6 On motion by Chairperson Keen and seconded by Commissioner Anderson, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Keen, Anderson, Ferrell, Heath, O’Malley ( 5 ) NOES: None ( 0 ) ABSTAIN: None ( 0 ) ABSENT: Jones, Pennachio ( 2 ) ADOPTED: November 4, 2025 CITY OF ATASCADERO, CA ______________________________ Tori Keen Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary Docusign Envelope ID: E71D3AA4-7772-49FD-A7EE-E97DCFEC42D6 Exhibit A: Conditions of Approval USE25-0060 Conditions of Approval USE25-0060 Outdoor Sales Lot 9700 El Camino Real APN 056-081-036 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney PLANNING DIVISION 1. This approval is for Conditional Use Permit USE25-0060 allowing for an outdoor sales lot with a modification to the fencing and screening requirements at 9700 El Camino Real (APN 056-081-036), as depicted and described on the attached exhibits. The approval of these entitlements project runs with the land, regardless of the owner. Ongoing PS 2. The approval of these entitlements shall become final and effective 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. Ongoing PS 3. In accordance with the Atascadero Municipal Code section 9-8.105, 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. Ongoing Ongoing 4. The Community Development Department shall have the authority to 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. BP PS, CE 5. Approval of these entitlements shall be valid for six (6) months after its effective date. At the end of the period, the approval shall expire and become null and void unless building permits have been finaled for the project or the project has received a time extension consistent with the Atascadero Municipal Code. BP PS 6. The applicant shall defend, indemnify, and hold harmless the City of 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. Ongoing PS 7. The owner shall provide a landscape and irrigation plan to the Community Development Department for review as part of the building permit submittal package. • Landscaping and irrigation shall be installed in accordance with the approved plan prior to requesting a final planning inspection. • A landscape buffer shall be installed starting at the edge of the public right-of-way and extending 10 feet into the property. This buffer shall include street trees compliance with AMC 9-4.125 and 126. The remaining ground shall be covered with deer grass or similar height grasses. All landscaped areas shall include mulch. • All landscaping shall comply with applicable State and local ordinances related to water efficiency. BP / Ongoing PS Conditions of Approval USE25-0060 Outdoor Sales Lot 9700 El Camino Real APN 056-081-036 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney • All trees shall be maintained by the property owner to allow for growth to their natural canopy height and width. o Low-lying branches shall be removed as necessary to meet fire department clearance requirements. o Irrigation systems shall be monitored and maintained, and deep root watering methods shall be used to promote healthy tree growth. o Should any tree require replacement, prior approval of the replacement tree species and location must be obtained from the City’s Planning Division. Any removed tree shall be replaced in accordance with City standards and any applicable entitlement conditions. • All landscaping, fencing, and site improvements shall be maintained in good condition. o Any dead or non-performing landscaping shall be replaced within 30 days. o Damaged fencing or site improvements shall be repaired or replaced immediately. • No changes to fencing, landscaping, or other site improvements may be made without prior written approval from the Community Development Department. 8. Any subsequently proposed lighting and/or security measures shall be required to comply with all applicable standards of the Atascadero Municipal Code and California Building Code and shall require a building permit prior to installation. Ongoing PS 9. No overnight storage of vehicles or equipment shall be permitted in any location on the site. Ongoing PS 10. Existing chain link fencing along the project site may remain. Fencing along East Front Street may remain chain link. No barbed wire or concertina fencing shall be permitted. Should fencing be replaced over time, all new fencing shall comply with Municipal Code Standards. This does not apply to minor fencing repairs. BP / Ongoing PS 11. All for-sale buildings located adjacent to East Front Street shall be oriented facing towards East Front Street Ongoing PS 12. No for sale units are permitted to be stored in the parking/ loading and unloading portion of the site, as shown in Exhibit B. Ongoing PS 13. No signs are included with this permit. A sign permit shall be required prior to installation of any permanent signage. All future signs must comply with all applicable standards of the Atascadero Municipal Code. Banner signs are limited to 1 per public street frontage and may be in place for a maximum of 30 days. They must be down a minimum of 60 days before any new banner may go up. BP PS 14. All vehicle and equipment parking must occur in parking areas designated on the site plan shown in Exhibit B. Ongoing PS/ BS Conditions of Approval USE25-0060 Outdoor Sales Lot 9700 El Camino Real APN 056-081-036 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 15. The applicant shall apply for a business license within 30 calendar days from approval of this permit. Ongoing PS Fire Conditions 16. All units on the property shall maintain a minimum fire separation distance of five feet from all adjacent structures on all sides. Ongoing PS Building Conditions 17. The use of fuel gas generators for on-site power generation is prohibited. Battery storage and solar systems may be used for backup or supplemental power, provided they do not require a building permit, comply with all applicable safety standards, and remain temporary in nature. Ongoing PS 18. Applicant shall improve the site in compliance with all applicable ADA standards, to the satisfaction of the City Building Official. Improvements shall include, but may not be limited to, accessible parking, office space, restroom facilities, and accessible paths of travel within the site. BP PS Public Works Conditions 19. The Applicant or property owner shall repair any damaged sidewalk and maintain the street frontage along the property in a clean, safe, and orderly condition in accordance with City Engineering Standards. An encroachment permit is required for any work in the right of way. Repairs shall be required concurrently or prior to site building permit and must be completed prior to final of the building permit for on- site improvements. BP PW 20. All loading and unloading of units must occur fully on site in areas designated on the project site and outside of the public right of way. Ongoing PS 11/04/2025 | Item 1 | Attachment 1 Exhibit B: Proposed Site Plan USE25-0060 Existing 6’ chain link fence 10’ landscape buffer with street trees and medium height grasses 11/04/2025 | Item 1 | Attachment 1 Exhibit C: Notice of Exemption USE25-0060 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 Land Use and Climate Innovation 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: USE25-0060, Premanufactured Shed Sales Lot Project Applicant: Dallan Borboa, 6500 Palma Ave, Atascadero, CA 93422; planning@atascadero.org; (805) 461-5000 Project Location: 9700 El Camino Real, Atascadero, CA 93422 (APN 056-081-036) Project Description: Conditional Use Permit to establish an outdoor sales lot for prefabricated sheds, steel buildings, and carports within a 0.64-acre portion of a 1.95-acre property zoned Commercial Tourist (CT) at 9700 El Camino Real (APN 056-081-036). The project includes a 14,200-square-foot outdoor display area, a 420-square-foot portable sales office (no permanent utilities or foundation), five parking spaces, and associated ADA improvements. Site access is proposed from East Front Street only. No utility connections or permanent structures are proposed. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Dallan Borboa CITY OF ATASCADERO NOTICE OF EXEMPTION Page 2 of 2 Page 2 of 2 Exempt Status: 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 Sections 15304 (Minor Alterations to Land). The proposed project will establish an outdoor sales lot for prefabricated sheds, steel buildings, and carports on a previously disturbed and undeveloped portion of a commercially zoned property. Site improvements are limited to minor grading, placement of a temporary 420-square-foot office building, installation of portable restrooms, and development of an ADA accessible parking area. The project does not involve the removal of healthy, mature, or scenic trees and will not result in any significant alteration of land or topography. No utilities are proposed, and no permanent foundations or new permanent structures will be constructed as part of the project. The project site is located within an urbanized area and is surrounded by existing commercial development. There are no sensitive environmental resources, scenic or historical resources, or unusual circumstances associated with the property. The site is not identified on any list of hazardous waste sites compiled pursuant to Government Code Section 65962.5. The project will not contribute to cumulative impacts associated with successive projects. Lead Agency Contact Person: Will Daniels, Assistant Planner (805) 470-3160 wdaniels@atascadero.org Date Exemption Accepted: 11/04/2025 _________________________ 11/04/2025