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HomeMy WebLinkAboutPC_2014-02-04_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, February 4, 2014 – 7:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor (Enter on Lewis Ave./Jr. High School Side) Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson David Bentz Vice Chairperson Dennis Schmidt Commissioner Duane Anderson Commissioner Len Colamarino Commissioner Christian Cooper Commissioner Mark Dariz Commissioner Jan Wolff APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) PLANNING COMMISSION BUSINESS A. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON City of Atascadero Planning Commission Agenda Regular Meeting, February 4, 2014 Page 2 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 7, 2014. COMMUNITY DEVELOPMENT STAFF REPORTS - NONE PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited t o provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. PLN 2011-1392 / AMENDMENT TO CONDITIONAL USE PERMIT TO ALLOW RV SALES AT 2850 EL CAMINO REAL Property Owner: Michael Frederick, PO Box 573, Atascadero, CA 93423 Applicants: Pacific Coast RV, Inc., 2850 El Camino Real, Atascadero, CA 93422 Shaun Brewer, 901 E Ocean Avenue, Lompoc, CA 93436 Project Title: PLN 2011-1392 Conditional Use Permit Amendment Amendment to Conditional Use Permit at 2850 El Camino Real to Allow RV Sales Project Location: 2850 El Camino Real, Atascadero, CA 93422 San Luis Obispo County (APN 049-201-048) Project Description: The project consists of amending an existing Conditional Use Permit, which currently allows mobile homes sales lot, to allow the sales of new and used recreational vehicles under the auto dealer use definition. General Plan Designation: Commercial Park Zoning: Commercial Park Proposed Environmental Determination: The proposed Amendment is consistent with the previous Certified Mitigated Negative Declaration for CUP 2002-0040. Recommendation: Staff is recommending approval of the proposed Conditional Use Permit Amendment. City of Atascadero Planning Commission Agenda Regular Meeting, February 4, 2014 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNEMENT The next regular meeting of the Planning Commission is scheduled for February 18, 2014 at City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting, February 4, 2014 Page 4 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerni ng any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Co mmission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. PC Draft Action Minutes of 1/7/14 Page 1 of 6 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, January 7, 2014 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:04 p.m. Chairperson Bentz called the meeting to order at 7:04 p.m. and Commissioner Anderson led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Cooper, Colamarino, Dariz, Wolff, Vice Chairperson Schmidt, and Chairperson Bentz Absent: None Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace Deputy Director of Public Works, David Athey Senior Planner, Callie Taylor APPROVAL OF AGENDA MOTION: By Vice Chairperson Schmidt and seconded by Commissioner Dariz to approve the agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Bentz closed the Public Comment period. ITEM NUMBER: ITEM NUMBER: 1 DATE: 2-4-14 PC Draft Action Minutes of 1/7/14 Page 2 of 6 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 19, 2013. MOTION: By Vice Chairperson Schmidt and seconded by Commissioner Colamarino to approve the consent calendar. Motion passed 6:0 by a roll-call vote. (Cooper abstained) COMMUNITY DEVELOPMENT STAFF REPORTS 1. PLN 2099-0079 / TREE REMOVAL PERMIT FOR VIA CIELO Property Owner/Applicant: Marty Mohamed, Estancia Development, LLC, PO Box 13, Pismo Beach, CA 93448 Certified Arborist: Terry Lee, American Society of Landscape Architects, 470 Pismo Street, Pismo Beach, CA 93449 Project Title: PLN 2099-0079 / TRP 2013-0169 Project Location: Lot 63, Via Cielo, Atascadero, CA 93422 APN 045-313-005 (San Luis Obispo County) Project Description: A request to remove one (1) 48-inch DBH White Oak that has died of natural causes on a vacant lot. The tree is within the Woodlands/Las Lomas Specific Plan area, and therefore, requires approval of a tree removal prior to removing a native tree. General Plan Designation: OS Zoning: SP1 Staff Recommendation: Staff recommends that the tree be removed in order to eliminate any hazard that would be associated with having a home near the dead tree. Staff recommends that the applicant replant native trees on site to mitigate the tree removal. Senior Planner Taylor gave the staff report and answered questions from the Commission. The Arborist Report submitted states the tree is dead, and the arborist is proposing removal. PC Draft Action Minutes of 1/7/14 Page 3 of 6 Commissioner Dariz would like to see a good portion of the replantings (at least 9) take place on that site. MOTION: By Commissioner Colamarino and seconded by Commissioner Wolff to approve PC Resolution 2014-0001 approving PLN 2099-0079/TRP 2013- 0169 to allow the removal of one (1) 48-inch dbh White Oak tree at APN 045-313-005 on Lot 63 of Las Lomas, 9650 Via Cielo, based on required findings and subject to mitigation and conditions of approval. Motion passed 7:0 by a roll-call vote. PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited t o provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. PLN 2013-1470 / CUP 2013-0270 / TPM 2013-0100 / TRP 2013-0166 FOUR (4) LOT SUBDIVISION WITH MASTER PLAN OF DEVELOPMENT: 3000 EL CAMINO REAL Property Owner: Susan B. Newton-Trustee, 6395 Hog Canyon Road, San Miguel, CA 93451 Applicants: Don Newton, 6395 Hog Canyon Road, San Miguel, CA 93451 Project Title: Four (4) Lot Subdivision with Master Plan of Development PLN 2013-1470/ CUP 2013-0270 / TPM 2013-0100 / TRP 2013-0166 / DRC 2013-0043 Project Location: 3000 El Camino Real, Atascadero, CA 93422 San Luis Obispo County (APN 049-211-054) Project Description: The applicant has submitted applications for a Tentative Parcel Map and a conceptual Master Plan of Development (Conditional Use Permit) to subdivide one (1) existing lot into four (4) lots in the Commercial Park (CPK) zone. One lot will PC Draft Action Minutes of 1/7/14 Page 4 of 6 DISCLOSURE OF EX PARTE COMMUNICATIONS:  Vice Chairperson Schmidt stated that he had a brief conversation with Tim Roberts, the Engineer for the project. Senior Planner Taylor gave the staff report, and stated this project went before the Design Review Committee on December 11, 2013. Ms. Taylor stated that Public Works is proposing the following changes to Conditions of Approval:  Delete Condition 14  Delete Condition 17  Modify Condition 20 to add the word “driveway” before walkways. Eliminate “The ramp at the corner of San Benito and El Camino Real is required to the constructed prior to map recordation.” All other drive approaches and back of sidewalk walkways” and “allowed”.  Modify timing of Condition 23 – Instead of “As Required by the City Engineer” change to FM (Final Map). Senior Planner Taylor and Deputy Director Athey answered questions from the Commission. Commissioner Colamarino had concerns with one of the findings the Commission needs to make to approve the project in relation to the intent of light industrial use. How can we know it’s consistent with the intent and purpose of “light and industrial?” If we go smaller, could it be retail? Are we going to create another retail node? Aren’t we supposed to find it’s consistent with CPK zoning district? Callie Taylor and Director Frace answered Commissioner Colamarino’s questions. Any future uses will need to comply as an allowed use , and the property can’t be developed contain the existing Kai Lana Restaurant and associated parking, and three (3) vacant lots are proposed to be created for future sale and development. The Master Plan of Development will ensure orderly development with shared access and parking, consistent with the purpose and minimum lot size requirements of the CPK zone. Two (2) native trees are proposed for removal. General Plan Designation: Commercial Park (CPK) Zoning: Commercial Park (CPK) Proposed Environmental Determination: The proposed project qualifies for a Class 15 categorical exemption under CEQA, which exempts the division of property in urbanized areas zoned for commercial or industrial use into four or fewer parcels. Staff Recommendation: Design Review Committee recommends the Planning Commission approve the proposed Conditional Use Permit, Tentative Parcel Map, and Tree Removal Permit, based on findings and subject to Conditions of Approval. PC Draft Action Minutes of 1/7/14 Page 5 of 6 under retail uses. There are some limited conditional uses a person could do as retail, but the project would have to come back through Planning Commission. PUBLIC COMMENT The following people spoke during public comment: Tim Roberts. Mr. Roberts answered a question from Vice Chairperson Schmidt Chairperson Bentz closed the public comment period. MOTION: By Chairperson Bentz and Vice Chairperson Schmidt to approve PC Resolution 2014-0002 approving PLN 2013-1470/Conditional Use Permit (CUP 2013-0270) and Tree Removal Permit (TRP 2013-0166) for a Master Plan of Development and Tree Removal Permit to remove two (2) Live Oaks totaling 22 inches DBH, within the Commercial Park Zone on APN 049-211-054 at 3000 El Camino Real, with the suggested changes in the conditions of approval: o Delete Condition 14 o Delete Condition 17 o Modify Condition 20 to add the word “driveway” before walkways. Eliminate “The ramp at the corner of San Benito and El Camino Real is required to the constructed prior to map recordation.” All other drive approaches and back of sidewalk walkways” and “allowed”. o Modify timing of Condition 23 – Instead of “As Required by the City Engineer” change to FM (Final Map). And based on required findings and subject to mitigation and conditions of approval. Motion passed 6:1 by a roll-call vote. (Colamarino voted no) PC Draft Action Minutes of 1/7/14 Page 6 of 6 MOTION: By Chairperson Bentz and Vice Chairperson Schmidt to approve PC Resolution 2014-0003 approving PLN 2013-1470 approving Tentative Parcel Map (TPM 2013-0100) to subdivide a parcel into 4 lots consistent with the Master Plan of Development (CUP 2013-0270) within the Commercial Park Zone on APN 049-211-054 at 3000 El Camino Real, with the suggested changes in the conditions of approval: o Delete Condition 14 o Delete Condition 17 o Modify Condition 20 to add the word “driveway” before walkways. Eliminate “The ramp at the corner of San Benito and El Camino Real is required to the constructed prior to map recordation.” All other drive approaches and back of sidewalk walkways” and “allowed”. o Modify timing of Condition 23 – Instead of “As Required by the City Engineer” change to FM (Final Map). And based on required findings and subject to mitigation and conditions of approval. Motion passed 6:1 by a roll-call vote. (Colamarino voted no) COMMISSIONER COMMENTS AND REPORTS Vice Chairperson Schmidt announced he is the proud grandfather of a new granddaughter, Madeline Christine Schmidt as of Dec. 28, 2013. DIRECTORS REPORT  Director Frace stated that the next Planning Commission meeting will be on January 21, 2014, but it may be cancelled.  Director Frace stated that this is Senior Planner Taylor’s last meeting. She is going on leave, and Kelly Gleason will be filling in during her absence.  Strategic Planning is scheduled for Saturday, January 31, 2014.  Climate Action Plan adoption is on the City Council agenda for January 14, 2014. ADJOURNMENT – 7:37 p.m. The next regular meeting of the Planning Commission is scheduled for January 7, 2014, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary September 2, 2003 Page 1 of 20 Atascadero Planning Commission Staff Report - Community Development Department Warren Frace, Community Development Director 470-3488, wfrace@atascadero.org PLN 2011-1392 Amendment to Conditional Use Permit 2001-0043 Recreational Vehicle Sales 2850 El Camino Real (Frederick / Pacific Coast RV) SUBJECT: The proposed project consists of an application to amend Conditional Use Permit 2001- 0043 and allow for a recreation vehicle dealership at 2850 El Camino Real. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2014-0004 approving an amendment to Conditional Use Permit 2001-0043 based on findings and subject to Conditions of Approval. Situation and Facts 1. Applicant: Pacific Coast RV, Inc., 901 E. Ocean Ave., Lompoc, California 93436 (Shaun Brewer) 2. Property Owner: Michael Frederick, PO Box 573, Atascadero, CA 93423 3. Project Address: 2850 El Camino Real, Atascadero, CA 93422 APN 049-201-048 4. General Plan Designation: Commercial Park (CPK) 5. Zoning District: Commercial Park (CPK) 6. Site Area: 1.49 acres ITEM NUMBER: 2 DATE: 2-4-14 7. Existing Use: Manufactured Homes Sales Lot 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration (2002-0040) for CUP 2001-0043 DISCUSSION: Background A Conditional Use Permit (CUP 2001-0043) was approved by the Planning Commission on January 21, 2003 to allow the construction of a 30,250 sf commercial “mini storage” buildings, 4,000 square feet of office buildings, 80-foot mono-pine cellular tower, parking lot and landscaping on the subject site at 2850 El Camino Real. On February 21, 2006, the Conditional Use Permit (CUP) was amended to allow additional antennas at the existing cellular phone tower site. The site was graded; frontage improvements were installed and landscaped, and the Phase I cellular tower installed per the approved CUP. Neither the office building, nor the mini storage in the subsequent phases was ever constructed. The site is currently a flat gravel lot. In February 2011, the Planning Commission approved a CUP Amendment to allow a manufactured home sales lot at the location. The sales lot was operated by Macy’s Homes, which is in the process of closing down. Pacific Coast RV has expressed interest in using the site for an RV dealership. Although an RV sales op eration looks very similar to a manufactured home sales use, they have different State licensing requirements. Since RV sales are regulated by the State DMV, this use falls under the auto dealer definition of the Zoning Ordinance. As a result, the existing CUP must be amended to allow this new use. Surrounding Land Use and Setting: North: Residential Suburban (RS) South: Highway 101 East: Commercial Park (CPK) West: Commercial Park (CPK) Aerial Photo ANALYSIS: The proposed project consists of a request to amend the existing CUP to allow recreation vehicle sales at 2850 El Camino Real. Recreation vehicle sales fall under the definition of “automobile dealer” per the Atascadero Municipal Code (AMC) 9-3.701. Auto dealers are listed as a conditional use in the Commercial Park (CPK) zoning district. Since the site does not meet the City’s standards for an automobile dealership lot, staff has conditioned the project to be limited to the sales of new and used recreation vehicles and trailers, but not allow the sales of automobiles and trucks. Existing Site Conditions The site is approximately one and half (1.5) acres in size. The site has been improved as an outdoor sales lot with a gravel base and manufactured office building with parking, drainage, landscaping and an accessible route of travel to El Camino Real. The site has been improved with landscaping along the El Camino Real and US 101 2850 El Camino Real Subject Parcel CUP 2001-0043 frontages. An existing “mono-pine” cellular phone tower has been built per the original CUP and is fully operational. . Public improvements have already been completed as a part of the original CUP approval. That included the installation of curb, gutter and sidewa lk adjacent to the subject property. Existing frontage improvements along El Camino Real Existing conditions along US 101 Existing sales office to be used by RV dealer Existing cellular antenna facility on site (Conditional Use Permit Phase 1) Proposed Site Plan The applicant is proposing very minor modifications to the site including: 1. Installation of a propane filling tank 2. Installation of a 50 square foot (per side) freeway sign. 3. Installation of a 32 square foot El Camino Real sign. Nine parking spaces will be provided on site and are proposed to be located adjacent to the office. This parking will utilize the existing all-weather gravel surface. A handicapped space will be provided as well, however, this space will be paved consistent with the California Building Code. Existing planters adjacent to the proposed parking area will be maintained. These planters will be landscaped with shade trees (3 total) and additional shrubs and ground covering. Propane filling tank Existing sales building to remain Sales lot and site improvements to remain the same. Sales Office The applicant is proposing to continue to use the existing manufactured home as a sales office on-site. The sales office as proposed would be approximately 720 square feet. Staff has conditioned the applicant to replace any dead or missing landscaping prior to operation. Existing sales office to remain as is. Signage The applicant is proposing two freestanding signs, one on El Camino Real and on fronting US 101. Both of these signs are permitted under the City’s Sign Ordinance; however, the proposed designs don’t meet City standards and will require modifications prior to issuance of building permits. Staff has added the following conditions of approval: El Camino Real Sign Applicant proposed sign Staff conditioned sign US 101 Sign Applicant proposed sign Staff conditioned sign Uses The site is currently entitled to the construction of 30,250 square feet of mini-storage buildings, 4,000 square feet of commercial office buildings, and 12 panel antennas and twelve (12) Tower Mounted Amplifiers (TMAs) associated with an 80-foot monopine cellular phone tower. Associated on-site improvements with these uses included landscaping and parking lots. The 80-foot monopine cellular tower and landscaping improvements have been completed on-site as Phase 1. The Planning Commission previously allowed the approved uses remain valid for CUP 2001-0043 in addition to the manufactured home sales lot that the amendment proposes. Any submitted building plans for these uses would have to be consistent with approved site plans and be consistent with adopted building codes at the time of submittal. Findings for a Conditional Use Permit The Planning Commission must make the following five findings in order to approve a CUP for the manufactured home sales lot within the commercial tourist zone. If the Commission chooses to deny the project, site specific findings for denial must be sited. 1. The proposed project or use is consistent with the General Plan . 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). 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. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. 5. That 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 v olume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Based on staff’s analysis in the preceding sections and the conditions in the attached resolution, it appears that all of the required f indings for approval of a Conditional Use Permit can be made. ENVIRONMENTAL DETERMINATION: Staff considers the proposed project is consistent with Certified Mitigated Negative Declaration (2002-0040) for CUP 2001-0043. The consistency finding can be made due in part because the Mitigated Negative Declaration for CUP 2001 -0043 analyzed impacts for a commercial use with over 30,000 sf of indoor storage/office uses, parking and other impervious surface areas. CONCLUSION: The applicant is proposing a recreation vehicle sales dealership to replace a manufacture home sales lot. The proposed project is consistent with the General Plan and Atascadero Municipal Code. Based on the above analysis and incorporated conditions, staff believes that the findings for approval of a Conditional Use Permit can be made. ALTERNATIVES: 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission must specify the reasons for denial of the project and make an associated finding with such action. ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Aerial Photo Attachment 3: Proposed Site Plan Attachment 4: 2003 Notice of Determination Attachment 5: Draft Resolution PC 2014-0004 Attachment 1: Location Map, General Plan and Zoning Zoning: Commercial Park (CPK) General Plan Designation: Commercial Park (CPK) Project Site 2850 El Camino Real Attachment 2: Aerial Photo Project Site 2850 ECR Attachment 3: Proposed Site Plan ATTACHMENT 4: 2003 Notice of Determination ATTACHMENT 5: Draft Resolution PC 2014-0004 DRAFT RESOLUTION PC 2014-0004 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 2001-0043 TO ALLOW A RECREATION VEHICLE DEALERSHIIP AT 2850 EL CAMINO REAL APN 049-201-048 (Pacific Coast RV / Frederick) WHEREAS, an application has been received from the Applicant, Pacific Coast RV, Inc., 901 E. Ocean Ave., Lompoc, California 93436 (Shaun Brewer ) and Property Owner, Michael Frederick (PO Box 573, Atascadero, CA 93423) to consider an amendment to an existing Conditional Use Permit (CUP 2001-0043); to establish a recreation vehicle dealership at 2850 El Camino Real and, WHEREAS, the site’s General Plan Designation is Commercial Park (CPK); and, WHEREAS, the site’s Zoning is Commercial Park (CPK); and, WHEREAS, a Conditional Use Permit is required to establish a vehicle dealership within the Commercial Park zone; and, WHEREAS, CUP 2001-0043 was previously approved on this site for an office and mini-storage use; and, WHEREAS, the proposed project is consistent with adopted Mitigated Negative Declaration 2002-0040 for CUP 2001-0043; 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 Minor 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, WHEREAS, the Planning Commission of the City of Atascad ero, at a duly noticed Public Hearing held on February 4, 2014, studied and considered the amendment to Conditional Use Permit 2001-0043, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Consistency. The Planning Commission finds as follows: 1. The proposed project is consistent with adopted Mitigated Negative Declaration 2002- 0040, thereby fulfilling the California Environmental Quality Act. SECTION 2. Findings for approval of Minor Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City’s Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 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, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That 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. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 4, 2014 resolved to approve the amendment to Conditional Use Permit 2001-0043 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT B-1: Subsequent Phases EXHIBIT C: Landscape Plan EXHIBIT D-1 & D-2: Signage Plan EXHIBIT E: Office Architecture EXHIBIT F: Original CUP 2001-0043 On motion by Commissioner_____________, and seconded by Commissioner_______________ the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ David Bentz Planning Commission Chairperson Attest: ______________________________ Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval Pacific Coast RV (PLN 2011-1392/CUP 2001-0043) Conditions of Approval PLN-2011-1392 / CUP 2001-0043 Pacific Coast RV 2850 El Camino Real 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 Mitigation Measure Planning Department Standard Conditions 1. This amendment to Conditional Use Permit 2001-0043 shall be for a recreation vehicle dealership described on the attached exhibits (B,C, D, E) and located on parcel 049-201-048 regardless of owner. Ongoing PS 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. Ongoing PS 3. 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%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development unless appealed to the City Council. BP / FM PS, CE 4. Approval of this Conditional Use Permit shall be valid for twenty- 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 business license to operate. BP / FM PS 5. 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 the subdivision. Ongoing Planning Department Specific Conditions 6. All previous Conditions of Approval adopted with CUP 2001- 0043 and the Mitigated Negative Declaration are hereby incorporated by reference. a) The following uses on the site plan CUP 2001-0043 shall be allowed as subsequent phases to the sales lot: Phase 3) 4,000 sf Office Buildings Ongoing PS Conditions of Approval PLN-2011-1392 / CUP 2001-0043 Pacific Coast RV 2850 El Camino Real 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 Mitigation Measure Phase 4) 30,250 sf mini-storage. 7. The sales office structure shall be consistent with Exhibit E and the following: a) Exterior shall be painted earth tone color(s) as approved by staff. b) Building signs shall be wall mounted. BP PS 8. The site shall be limited to the sale of new and used Recreational Vehicles and Trailers. The sale, display and/or storage of new or used automobiles and light trucks are not permitted under this conditional use permit. On-going PS 9. All roof mounted equipment shall be screened from public view. BP PS 10. A trash storage enclosure is required for all trash bins and recycling bins. The enclosure shall be covered and consist of either wood or masonry material. BP PS 11. The applicant shall replace all landscaping and irrigation as needed to be consistent with the landscape concept plan in exhibit D. BP PS 12. .The applicant shall submit a sign permit with signage consistent with Exhibits D1 and D2. BP PS Building Division Conditions 13. Maintain an accessible path of travel from the proposed sales office to any furnished model units that are used as “model homes” to be toured by the public. BP, FI BS EXHIBIT B: Site Plan (PLN 2011-1392/CUP 2001-0043) Phase 2 Recreation vehicle dealership Phase 1 Cell Tower EXHIBIT B1: Subsequent Phases (PLN 2011-13912/CUP 2001-0043) Phase 4: Mini-storage Phase 3: Office Bldgs Phase 1 Cell Tower Complete EXHIBIT C: Landscape Plan (PLN 2011-13912/CUP 2001-0043) All damaged, dead and missing landscaping to be replaced. EXHIBIT D-1: El Camino Real Signage Plan (PLN 2011-1392/CUP 2001-0043) El Camino Real sign Sign to have decorative base, cap and landscaping Maximum height 10 ft Max area 60 square feet EXHIBIT D-2: US 101 Signage Plan (PLN 2011-1392/CUP 2001-0043) US 101 sign Sign to have decorative posts with frame and cap. Paint to be an earth tone color Maximum height: 20 feet Maximum sign area: 50 square feet Exhibit E: Sale Office Architecture Building to be painted earth tone colors. Exhibit F: Original CUP Approval (PLN 2011-1392/CUP 2001-0043) FINAL RESOLUTION NO. PC 2003-0008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2001-0043 A REQUEST BY MICHAEL FREDERICK TO CONSTRUCT A 30,250 +/- SQUARE-FOOT COMMERCIAL STORAGE CENTER, AND A 2,450 AND 1,550 SQUARE-FOOT COMMERCIAL OFFICE BUILDING, PARKING LOT, LANDSCAPING, AND UTILITIES IN THE COMMERCIAL PARK ZONING DISTRICT. (2850 El Camino Real, Atascadero, 93422, APN’S 049-201-021 & 010, Project Representative: Joe Elkins) WHEREAS, an application has been received from Michael Frederick, P.O. Box 573, Atascadero, CA 93423 (Property Owner and Applicant), to consider Conditional Use Permit 2001-0043, allowing the construction of an approximately 30,250 square-foot commercial storage building and a 2,450 and 1,550 square-foot commercial office building at 2850 El Camino Real, Atascadero, 93422, APN 049-201-021 & 049-201-010; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2002-0040 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing following the close of the review period for the Initial Study and Draft Mitigated Negative Declaration to consider its adequacy; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Certification of Mitigated Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2002-0040 based on the following findings: 1. The Mitigated Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment, when mitigation measures are implemented; and, 3. The project will not achieve short-term to the disadvantage of long-term environmental goals, when mitigation measures are implemented; and, 4. The project does not have impacts which are individually limited, but cumulatively considerable, when mitigation measures are implemented; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly, when mitigation measures are implemented. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project is consistent with the General Plan; and, 2. The proposed project satisfies all applicable provisions of the Zoning Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this 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, 4. The proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. 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 the full development in accordance with the Land Use Element. SECTION 3. Findings for Approval of Native Tree Removal The multi-trunk 24-inch live oak tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department based on the following factors: a. Early consultation with the City, b. Consideration of practical design alternatives, c. Provision of cost comparisons (from applicant) for practical design alternatives, d. Saving the tree eliminates all reasonable use of the property, or e. Saving the tree requires the removal of more desirable trees. BE IT FURTHER RESOLVED, that the Planning Commission does hereby approve Conditional Use Permit 2001-0043 allowing the construction of approximately 30,250 square- foot commercial storage buildings, a 2,450 and 1,550 square-foot commercial office building, parking lot, landscaping, and utilities at 2850 El Camino Real, Atascadero, 93422, APN 049 - 201-021 & 049-201-010; and, consistent with the following Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Landscape Plan EXHIBIT D: Landscape Plan EXHIBIT E: Elevations EXHIBIT F: Color and Materials Board EXHIBIT G: Trash Enclosure EXHIBIT H: Grading and Drainage Plan On motion by Commissioner Kelley, and seconded by Commissioner Eddings the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Chairman Bentz, Commissioners Eddings, Kelley, and Porter (4) NOES: Commissioners Jones, and Fonzi (2) ABSENT: None (0) ABSTAIN: None (0) ADOPTED: January 21, 2003 CITY OF ATASCADERO, CA ______________________________ David Bentz, Planning Commission Chairperson Attest: ______________________________ Warren Frace Community Development Director EXHIBIT A: Conditions of Approval Final PC Resolution 2003-0008 CUP 2001-0043 Conditions of Approval / Mitigation Monitoring Program CUP 2001-0043 2850 El Camino Real Commercial Storage Center 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 Mitigation Measure Planning Services Standard Conditions 1. The approval of this use permit shall become final and effective for the purposes of issuing building permits, provided the required conditions of approval have been satisfied, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. BP PS 2. Approval of this Conditional Use Permit shall be valid for twelve (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received a building permit or applied for an extension of entitlement. BP PS 3. The granting of this Conditional Use Permit shall apply to APN 049-201-021 & 049-201-010, regardless of owner. Ongoing PS 4. The Community Development Department shall have the authority to approve minor changes to the project that (1) increase the square footage of the project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit. BP PS Project Conditions 5. All exterior lighting shall consist of decorative full cut off (shoebox) lighting fixtures with flat or recessed lens. Parking lot lights will be shielded to prevent off site glare. Building wall-pac lights are not permitted. BP/FO PS 1.D 6. Two bicycle storage racks shall be provided for the commercial site. The bike racks shall be located in a convenient and secure location. BP/FO PS 3.C. 7. A reciprocal access, utility, and parking easement shall be recorded for the site. BP PS 8. All roof mounted equipment shall be screened from public view Ongoing PS 9. All electrical meters and utility equipment shall be painted to match the building and screened with landscaping. BP/FO PS Conditions of Approval / Mitigation Monitoring Program CUP 2001-0043 2850 El Camino Real Commercial Storage Center 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 Mitigation Measure 10. The landscape plan for the U.S. Highway 101 corridor shall conform to the CalTrans / City of Atascadero landscape encroachment template. The applicant shall receive the proper permits from Caltrans prior to installing the plant material. FO PS 11. The applicant shall apply for and receive approval of an Administrative Use Permit for a Master Sign Program for site signage. Prior to signage on the site PS Building/Safety/Fire Marshall Conditions 12. Plans and Construction shall be in conformance with the 2001 California Building Code, 2001 California Mechanical Code, 2001 California Plumbing Code, 2000 California Electrical Code, 2001 California Fire Code, 2001 Model Energy Code and the Atascadero Municipal Code City Engineer Project Conditions 13. This project will connect to the existing storm drain that drains on to the site as shown on the plans. The flow will be allowed to continue to flow through the site to the Caltrans right-of-way. 14. No Building or structures shall be constructed over the storm drain as shown on the plans. The plans will be revised to allow for access and maintenance over the entire storm drain crossing the site 15. The easement recently granted to the adjoining property to the north will be show on the construction documents. The plans shall be designed to allow the construction of the proposed 16. The applicant shall provide the City with written approval of the encroachment and the drainage calculations of the storm drain in the CalTrans right-of-way. 17. Drainage calculations are required per Section 5 of Atascadero Engineering Standards. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10-year flow with gravity flow, the 25-year flow with head, and provide safe conveyance for the 100 year overflow 18. Obtain approval by the City Engineer of the grading & drainage plan and the storm drain design & facilities Conditions of Approval / Mitigation Monitoring Program CUP 2001-0043 2850 El Camino Real Commercial Storage Center 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 Mitigation Measure 19. Show the method of dispersal at all pipe outlets. Include specifications for size & type. 20. A 15-foot public drainage easement will be granted to the City for the storm drain prior to the issuance of a building permit. Public Improvements 21. Full frontage improvements are required with this development. These include curb, gutter, sidewalk and pave out. Transitions for drainage, public pedestrian access and road widening, on both ends of the property on El Camino Real, shall be per City standards. Public Improvement plans shall be submitted detailing the design. A Licensed Civil Engineer will sign the plans 22. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Wastewater 23. The sewer main in El Camino Real is not yet constructed. A City project has started to construct the main. The buildings on the site will not be occupied until the system is completed 24. This project shall connect to City sewer. The design and construction of the connection shall follow all City standards. All fees and reimbursements shall be paid at the time of permit issuance. Applicant shall pay sewer extension (annexation) fees upon issuance of building permit. Sewer Connection and Reimbursement fees shall be payable upon actual connection of the buildings to the public sewer system. 25. A backflow protection device shall be on all connections, as shown on the project plans 26. Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover of the public sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve On-Site Circulation 27. An easement for access across the front parcel to the rear parcel shall be granted if the parcels are under different Conditions of Approval / Mitigation Monitoring Program CUP 2001-0043 2850 El Camino Real Commercial Storage Center 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 Mitigation Measure ownership. City Engineer Standard Conditions 28. The applicant shall enter into a Plan Check & Inspection agreement with the City BP CE 29. The applicant shall be responsible for the protection, relocation and/or alteration of existing utilities. 30. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. 31. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 32. Prior to issuance of building permits, the applicant shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 33. Prior to the final inspection, all outstanding plan check and inspection fees shall be paid. 34. Prior to the final inspection, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC). 35. Prior to the issuance of building permits, the applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company. 36. The plans shall show all facilities required for fire protection. The plans shall show all cross-connection devices required to isolate the fire protection and landscape irrigation systems from the domestic water system. Prior to approval of the water system plans by Atascadero Mutual Water Company, the applicant shall pay all installation and connection fees required by the Atascadero Mutual Water Company 37. Prior to the issuance of building permits, the applicant shall obtain a “Will Serve” letter from the Atascadero Mutual Water Company. Conditions of Approval / Mitigation Monitoring Program CUP 2001-0043 2850 El Camino Real Commercial Storage Center 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 Mitigation Measure 38. All water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company standards, policies and approved procedures. All cross- connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. EXHIBIT B: Site Plan Final Resolution PC 2003-0008 CUP 2001-0042 EXHIBIT C: Landscape Plan Final Resolution PC 2001-052 CUP 2001-0042 EXHIBIT D: Landscape Plan Final Resolution PC 2003-0008 CUP 2001-0042 EXHIBIT E: Architectural Elevations Final Resolution PC 2003-0008 CUP 2001-0042 EXHIBIT F: Color and Material Board Final Resolution PC 2003-0008 CUP 2001-0042 EXHIBIT H: Grading and Drainage Plan Final Resolution PC 2003-0008 CUP 2001-0042 t:\- 11 plns\pln 2011-1392 cup sales lot macy homes\pln 2011-1392-2014 rv sales amendment 2850 ecr.pc-sr.docx