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HomeMy WebLinkAboutPC_2013-04-02_AgendaPacket http://www.facebook.com/planningatascadero @atownplanning CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, April 2, 2013 – 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Vacant Vice Chairperson Vacant Commissioner Anderson Commissioner Bentz Commissioner Colamarino Commissioner Cooper Commissioner Dariz Commissioner 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. ADMINISTRATION OF OATH OF OFFICE Marcia Torgerson, City Clerk, will administer the Oath of Office to newly appointed Commissioners Christian Cooper and Dennis Schmidt. B. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON City of Atascadero Planning Commission Agenda Regular Meeting, April 2, 2013 Page 2 of 5 http://www.facebook.com/planningatascadero @atownplanning 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 MARCH 19, 2013. 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 to 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 2013-1445 / CONDITIONAL USE PERMIT 1983-008 AMENDMENT, 3380 EL CAMINO REAL (VS MARINE) Property Owner: Kris and Tina Gustafson, 1420 San Ramon Road, Atascadero, CA 93422 Applicant: Southpaw Design and Construction Inc., PO Box 2851, Paso Robles, CA 93447 Project Title: VS Marine: PLN 2013-1445 / CUP 1983-008 Amendment Project Location: 3380 & 3320 El Camino Real, Atascadero, CA 93422 (APN 049-211-053 & 049-211-052) San Luis Obispo County Project Description: Amendment to CUP 1983-008 to add boat storage and boat repair to existing CUP for boat sales. An updated site plan (Master Plan of Development) has been submitted to identify storage areas, boat repair areas, fencing, landscape, site lighting, and signage on 4.39 acre combined site area (two properties). Existing single-family residence on APN 049-211-053 to remain as caretaker’s unit. General Plan Designation: Commercial Park (CPK) Zoning: Commercial Park (CPK) Proposed Environmental Determination: Class 1 categorical exemption for the operation, permitting, and minor alteration of existing facility, involving negligible expansion of existing use. No new buildings are proposed with this Conditional Use Permit Amendment. Design Review Committee Recommendation: Approval of Amendment to CUP 1983-008 as proposed by applicant, subject to conditions of approval, including: - Additional landscape along HWY 101 frontage and front parking area - Street trees installed on El Camino Real - Building permits to be obtained for electrical work and accessory structures - Permanent signage to be installed along HWY 101 frontage within one (1) year City of Atascadero Planning Commission Agenda Regular Meeting, April 2, 2013 Page 3 of 5 http://www.facebook.com/planningatascadero @atownplanning 3. PLN 2013-1448 / CONDITIONAL USE PERMIT FOR 8155 EL CAMINO REAL (U-HAUL STORAGE) 4. PLN 2013-1447, CONDITIONAL USE PERMIT FOR 4755 DOLORES Property Owner Rick Long, 9375 Santa Clara, Atascadero, CA 93422 Applicant: Stephanie Brown, 5445 Via Ranchitos, Atascadero, CA 93422 Project Title: U-Haul Vehicle Storage: PLN 2013-1448 / CUP 2013-0263 Project Location: 8155 El Camino Real, and behind 8165 El Camino Real, Atascadero, CA 93422 (APN 030-151-037) San Luis Obispo County Project Description: Vehicle storage yard proposed for U-Haul rentals at APN 030-151-037, behind existing buildings at 8155 and 8165 El Camino Real. Vehicle storage is a conditional use in the Commercial Retail zone. General Plan Designation: General Commercial (GC) Zoning: Commercial Retail (CR) Proposed Environmental Determination: Class 1 categorical exemption for the operation, permitting, and minor alteration of existing facility, involving negligible expansion of existing use. No new buildings are proposed with this Conditional Use Permit. Design Review Committee Recommendation: Approval of CUP 2013-0263, subject to conditions of approval, including: - Providing access between the two vehicle storage areas - Installation of a gate at entry to storage area (between buildings) - No parking/vehicle drop off signage - Paint striping of 7 spaces for customer parking (includes 1 accessible space) - Providing designated trash area at rear corner behind building - Replacing broken slats in chain link fence - Clean-up of front landscape planter - No private storage on site (U-Haul vehicle rental yard only) Property Owner/Applicant: Kevin and Alecia Teague, 4755 Dolores Ave., Atascadero, CA 93422 Project Title: PLN 2013-1447 / CUP 2013-0262 Project Location: 4755 Dolores Ave., Atascadero, CA 93422 (APN 028-261-031) San Luis Obispo County Project Description: Legalize an oversized accessory structure from the permitted 600 sf to 1,200 sf. Proposed legalization includes conditioned space in portions of the accessory structure and includes a proposed attached workshop/studio to also be conditioned. General Plan Designation: SFR-Y Zoning: RSF-Y Proposed Environmental Determination: Class 1 categorical exemption for a proposed addition to an existing structure that does not result in an increase of 2,500 square feet total for the entire structure. Staff Recommendation: Staff recommends to the Planning Commission approval of PLN 2013 -1447 / CUP 2013- 0262, to approve an oversized accessory structure at 4755 Dolores Avenue, based on the findings. City of Atascadero Planning Commission Agenda Regular Meeting, April 2, 2013 Page 4 of 5 http://www.facebook.com/planningatascadero @atownplanning 5. WITHDRAWN: PLN 2013-1451, VARIANCE FOR 8280 SAN DIMAS ROAD THIS PROJECT HAS BEEN WITHDRAWN. THERE WILL BE NO ACTION TAKEN ON THIS ITEM. COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for April 16, 2013, at City Hall, Council Chambers, 6907 El Camino Real, 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. Property Owner/Applicant: Iraj Mansoori, 8280 San Dimas Road, Atascadero, CA 93422 Project Title: PLN 2013-1451 / VAR 2013-0017 Project Location: 8280 San Dimas Road, Atascadero, CA 93422 (APN 057-211-009) San Luis Obispo County Project Description: (THIS PROJECT HAS BEEN WITHDRAWN. THERE WILL BE NO ACTION TAKEN ON THIS ITEM.) Applicant requests a variance to Atascadero Municipal Code Section 9 -5.060(e)(1) requiring one (1) covered parking spot for the first bedroom for a secondary residential unit. City of Atascadero Planning Commission Agenda Regular Meeting, April 2, 2013 Page 5 of 5 http://www.facebook.com/planningatascadero @atownplanning 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, 6907 El Camino Real, 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, 6907 El Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. 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 concerning 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 Commission 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 Community 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 is preferred. Access to hook up your laptop to the City's projector can also be provided. 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. Atascadero Planning Commission Draft Action Minutes March 19, 2013 Page 1 of 6 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting - Tuesday, March 19, 2013 – 7:00 P.M. City Hall Council Chambers 6907 El Camino Real, Atascadero, California CALL TO ORDER Commissioner Bentz called the meeting to order at 7:00 p.m. and Commissioner Cooper led the Pledge of Allegiance. Commission Present: Commissioners Anderson, Bentz, Colamarino, Cooper, Dariz, and Chairperson Ward Absent: Chairperson Wolff (excused absence) Others Present: Recording Secretary Annette Manier Lisa Wise, Housing Consultant Joe Allen, Commander, Atascadero Police Department Staff Present: Community Development Director Warren Frace, Senior Planner Callie Taylor and Assistant Planner Alfredo Castillo APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Colamarino to approve the agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT - None ITEM NUMBER: 1 DATE: 4-2-13 Atascadero Planning Commission March 19, 2013 Page 2 of 6 PLANNING COMMISSION BUSINESS - NONE CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MARCH 5, 2013. MOTION: By Commissioner Bentz and seconded by Commissioner Colamarino to approve the Consent Calendar. Motion passed 6:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2099-0931 / TREE REMOVAL PERMIT FOR 9535, 9545 CASA BELLA CT Property Owner/Applicant: TAG Investors, LLC & The Barratt Group, 1292 San Marcos Boulevard, Suite #120, San Marcos, CA 92078 Certified Arborist: Ted Elder, 128 Florin Street, Shell Beach, CA 93449 Project Title: PLN 2099-0931 / Tree Removal Permit 2013-0159 Project Location: 9405, 9535 & 9545 Casa Bella Court (Lots 18, 25 & 26), Atascadero, CA 93422, APN: 030-481-033, 034, and 006 (San Luis Obispo County) General Plan Designation: High Density Residential (HDR) Zoning: Residential Multi-family (RMF-20) with Planned Development 18 overlay Project Description: The project includes a request to remove two (2) multi-trunk Live Oak trees in order to construct the proposed residential units on Lots 25 and 26 of the Villas at Montecito Planned Development. Tree #33 totals 49-inches DBH, and Tree #35 totals 52-inches DBH. A third tree (Tree #44, a 9-inch Blue Oak) is proposed for removal on Lot 18. This tree is not obstructing proposed improvements, but is a dead tree, and recommended for removal by the arborist. Staff Recommendation: The Planning Commission adopt Resolution PC 2013-0005 to approve a request to remove three (3) native oak trees subject to the guidelines and mitigation required by the Atascadero Municipal Code and Native Tree Ordinance. DISCLOSURE OF EX PARTE COMMUNICATIONS: None Atascadero Planning Commission March 19, 2013 Page 3 of 6 Senior Planner Callie Taylor gave the staff report, said the applicant and the arborist were in the audience, and answered questions from the Commission. PUBLIC COMMENT: The following people spoke during public comment: Michael Pattinson, Chairman of the Barratt Group and developer. MOTION: By Commissioner Anderson and seconded by Commissioner Colamarino to approve a tree removal permit to allow the removal of three (3) native trees located in the Villas at Montecito at 9535 and 9545 Casa Bell Court on APN 030-481-033, 034, and 006 subject to conditions of approval and mitigation requirements. Motion passed 6:0 by a roll-call vote. PUBLIC HEARINGS 3. PLN 2011-1417, HOUSING ELEMENT IMPLEMENTATION MEASURES WORKSHOP: DISCUSSION OF HOMELESS SHELTER LOCATIONS, SINGLE ROOM OCCUPANCY UNITS, DENSITY BONUS STANDARDS, AND ACCESSIBILITY ACCOMODATIONS Applicant: City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422 Project Title: PLN 2011-1417 / Housing Element Workshop Project Location: Citywide Project Description: The City’s Housing Element was adopted in 2011. As a part of that adoption, the City is in the process of updating its Zoning Ordinance for consistency with the 2011 Housing Element and State Housing Law. The Planning Commission will hold a workshop to discuss implementation of the City’s Adopted Housing Element including discussion on:  Homeless Shelters (Emergency Shelters)  Single Room Occupancy Units  City’s Density Bonus Regulations  Reasonable Accommodations for those with disabilities. Staff Recommendation: No final decisions will be made at this meeting. See staff report. DISCLOSURE OF EX PARTE COMMUNICATIONS: None Atascadero Planning Commission March 19, 2013 Page 4 of 6 SB 2 –Emergency and Transitional Shelter Assistant Planner Alfredo Castillo gave the staff report and answered questions from the Commission. Director Frace talked about the State Senate Bill 2 and El Camino Homeless Organization (ECHO), a shelter near the Atascadero High School. ECHO is in the process of purchasing that property. Lisa Wise, Housing Consultant, gave a presentation and introduced her business partner, Henry Pontarelli who was in the audience. PUBLIC COMMENT: The following people spoke during public comment: Bill Watt (ECHO), Jay DeCou who turned in a letter (Exhibit A), Tillman Moen, John Sanders, Pearl Munak, Tom Ferrell, Dan Ulrich, and John Richardson. Chairperson Ward closed the Public Comment period. Joe Allen spoke about the Police Department’s role with ECHO and answered questions from the Commission. Bill Watt from ECHO answered questions from the Commission The Commission was in consensus to designate the existing ECHO site at 6370 Atascadero Avenue as the City’s SB-2 emergency shelter site with direction to address issues raised by neighbors. Director Frace said that staff will work on issues brought up by the Commission and will formulate a draft ordinance. The Planning Commission then discussed the additional housing items as follows: Density Bonus Ordinance Revisions (Atascadero Municipal Code § 9-3.175(f)) The Commission was in consensus with updating the Ordinance consistent with State guidelines. City Council Inclusionary Housing Policy Commissioner Bentz would like to establish more rental units within the City. The Commission was in consensus to keep the policy as is. Reasonable Accommodations The Commission was in consensus to update the City code to meet State requirements. Atascadero Planning Commission March 19, 2013 Page 5 of 6 Single-Room Occupancy Units Staff will process a draft Ordinance for single-room occupancy units with options to require a CUP to convert older hotels. Minor Zoning Ordinance Updates Allow Vertical Mixed Use Zoning with a CUP in the CP / CN / Zones – Updates The Commission was in consensus with these ordinances. Establish a minimum density in the RMF-10 – The Commission was in consensus to ask staff to bring additional information back to the Commission before they could make a recommendation. PUBLIC COMMENT: The following people spoke during public comment: John Olson. Chairperson Ward closed the Public Comment period. COMMISSIONER COMMENTS AND REPORTS  Chairperson Ward gave an update on the American Heritage monument project and said the dedication date is July 2, 2013.  Commissioner Dariz said the sign for the Veterans Memorial is up. The bandstand is almost complete and the City received an award for this. DIRECTOR’S REPORT  Director Frace gave a report on the Walmart court hearing.  The Design Review Committee will be reviewing the Taco Bell remodel project in the next couple of weeks.  The Climate Action Plan Toolbox was reviewed by City Council last week.  The Salinas River Trail workshop was held last night. ADJOURNMENT Atascadero Planning Commission March 19, 2013 Page 6 of 6 Chairperson Ward adjourned the meeting at 10:00 p.m. to the next regular meeting of the Planning Commission, scheduled for April 2, 2013, at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. MINUTES PREPARED BY: ______________________________________ Annette Manier Recording Secretary The following exhibit is available in the Community Development Department: Exhibit A – Babette DeCou \\cityhall\cdvlpmnt\~ planning commission\pc minutes\pc minutes 2013\pc draft action minutes 3 19 13.am.docx September 2, 2003 Page 1 of 20 Atascadero Planning Commission Staff Report - Community Development Department Callie Taylor, Senior Planner, 470-3448, ctaylor@atascadero.org PLN 2013-1445 Amendment to CUP 1983-008 VS Marine: Boat Sales, Service and Storage 3380 & 3320 El Camino Real SUBJECT: The proposed project consists of an application to amend Conditional Use Permit 1983- 008 to allow boat storage and boat service to the existing permitted VS Marine boat sales lot. The CUP covers two (2) lots at 3380 and 3320 El Camino Real. RECOMMENDATION: Design Review Committee Recommends Planning Commission: Adopt PC Resolution 2013-0006 approving an amendment to Conditional Use Permit 1983-008 at 3380 and 3320 El Camino Real, subject to Conditions of Approval, based on the findings Situation and Facts 1. Applicant: Southpaw Design and Construction Inc., PO Box 2581, Paso Robles, CA 93447 2. Property/Business Owner: Kris and Tina Gustafson, 1420 San Ramon Road, Atascadero, CA 93422 3. Project Address: 3380 & 3320 El Camino Real, Atascadero, CA 93422 APN 049-211-053 & 049-211-52 4. General Plan Designation: Commercial Park (CPK) 5. Zoning District: Commercial Park (CPK) 6. Site Area: 4.39 acres ITEM NUMBER: 2 DATE: 4-2-13 7. Existing Use: Boat sales 8. Environmental Status: Class 1 categorical exemption for the operation, permitting, and minor alteration of existing facility, involving negligible expansions of existing use. DISCUSSION: Background In 1983, a Conditional Use Permit (CUP 1983-008) was approved by the Atascadero Planning Commission to allow a boat sales lot at 3380 El Camino Real. The 1983 CUP included specific conditions for the use of the site, with limitations based on neighborhood compatibility and Municipal Codes which were in place at the time. Boat service/repair and outdoor storage were specifically excluded from the original CUP. The 1983 CUP included a conceptual phase 2 plan for future development of the front lot (3320 El Camino Real). The front lot was, and still is, developed with one single family residence. Over the past twenty years, the boat sales business (VS Marine) has continued to grow and expand over both of the subject sites. Recently, the front lot next to El Camino Real was fenced to provide a secure storage location for boats awaiting service, which is also currently done on site. This CUP amendment is being processed in order to create consistency between the current use of the site and the approved Condition Use Permit. The CUP acts as the Master Plan of Development for the site and controls the allowed use and build out of the property. The service and storage uses are not currently included in the CUP for the site, but can be permitted in the CPK zone if identified in the Master Plan of Development. DRC Review The Atascadero Design Review Committee (DRC) reviewed proposed project on March 14, 2013. The DRC recommends approval of the proposed project, including the following: - Additional landscape along HWY 101 frontage and front parking area (per Municipal Code requirements) - Street trees to be installed on El Camino Real - Building permits to be obtained for electrical work and accessory structures - Permanent signage to be installed along HWY 101 frontage within one (1) year. The DRC recommendations have been included in the attached resolution of approval. Surrounding Land Use and Setting: North: Commercial Park (CPK) South: Commercial Park (CPK Commercial Retail (CR) East: Residential Suburb (RS) West: Freeway ANALYSIS: The proposed project consists of a request to add boat storage and boat service to the existing sales lot located at 3320 El Camino Real and 3380 El Camino Real. Per Atascadero Municipal Code section 9-3.253, vehicle repair and service, as well as vehicle and equipment storage, can be allowed in the Commercial Park (CPK) zoning district with the approval of a Conditional Use Permit (CUP). Proposed Site Plan The existing boat sales and display areas are located at the rear of the subject site, adjacent to HWY 101. The main sales building, outdoor display area, El Camino Real frontage improvements, main parking lot and access road were all permitted and installed in the 1980’s and 1990’s and are proposed to remain as installed. A boat storage area has recently been fenced at the front of the site adjacent to El Camino Real. The fence is a solid metal screening fence consistent with Municipal Code requirements for a storage yard. The backside of the boat storage area connects with the boat service center, which is located at the back of the retail sales building next to HWY 101 frontage. Fire Department access (knox box) and a 20 foot clear access way are conditioned to be provided through the storage area to the rear of the lot. A boat drop off area and extra customer parking is located near the site entrance and storage yard gate. Project Site 3380 & 3320 El Camino Real Fence along El Camino Real Accessory Structures There are a few small accessory structures that have been installed on site at the rear of the lot without permits. These include metal carport type structures to cover boats and RV’s which are stored on site, and two cargo containers which are connected together and used in conjunction with the boat service center. If permitted with the CUP amendment, the City would work with the applicant to ensure code compliant footings for the buildings are designed, installed and inspected with building permits. Structures would be required to meet setbacks per building code. DRC recommends that the cargo containers and accessory structures be included in the CUP as proposed. Landscape With the installation of the storage area fence last year, the property owner also installed a 10-foot wide landscape buffer along El Camino Real. The landscape area is planted with attractive shrubs and drought tolerant landscape. Per AMC section 9- 4.125, Staff and DRC recommend that street trees (London Plan Sycamores) be installed along the El Camino Real frontage every 30-foot on center. There are two other small areas which Staff and DRC recommends for additional landscape plantings. Per Municipal Code section 9-6.163, a 10 foot landscape buffer is required between the back of the lot and the HWY 101 frontage. Most of the HWY 101 frontage along the subject site has previously been planted; however, there is a gap in the existing HWY 101 landscape near the boat service area which should be planted to match the adjacent landscape. Landscape will also be added to the front DG parking/drop off area near the front of the site (AMC section 9-4.119). AMC section 9-4.125 normally requires a 5 foot landscape buffer along the side property lines on commercial lots. However, DRC is recommending that the side property line landscape be waived through the CUP. The northern side property line is currently fenced, and only visible from within the boat storage yard. The adjacent use is a commercial park center with parking lot along the property line. Based on the site design and adjacent uses, the side property line landscape requirement does not appear to be warranted and would have little benefit for this large landscaping expense. Proposed Site Plan (Master Plan of Development) Street trees to be added to existing planter HWY 101 Landscape buffer to be completed behind service center Landscape to be added to front parking area Existing SFR Existing Outdoor Display with landscape Existing Sales building Proposed Boat Service Area Proposed Boat Storage Area Existing Single-family Residence One existing single-family residence remains at the center of the subject properties. Although the residence is a non-conforming use in the commercial zone, it has been continuously rented and is therefore a continuation of the existing use and permitted to remain. During the original 1983 CUP, the City was concerned about the compatibility between the residence and the commercial sales lot. A lot line adjustment was completed to separate the uses. Staff is currently recommending that the residence be permitted with the proposed CUP. The tenant at the residence acts as a caretaker to monitor the site and notify the owner of any nighttime activity or security concerns. The residential unit is separated from the boat sales and storage uses with a solid 6 foot fence. Private outdoor space is provided for the residence within the fenced area, and parking is provided in front of the house. Based on the site operations over the past 20 years, the compatibility of the single- family use does not appear to be an issue on the subject site. Existing house to be care takers unit. Signage The Atascadero Municipal Code allows for specific uses, such as vehicle sales lots, to have freeway facing signs along the HWY 101 frontage. A freeway facing building sign (up to 40 square feet for buildings under 10,000 sq. ft.) and a freeway monument or pole sign (up to 150 sq. ft.) can be permitted with an Administrative Use Permit and appearance review. Currently, temporary banner type signs are installed on the main VS Marine sales building facing HWY 101. A temporary monument type sign is located at the end of the display area to advertise consignments along HWY 101. Staff recommends that permanent signage be allowed through this Conditional Use Permit, and the existing temporary signage on site be replaced with permanent signage. An Administrative Use Permit would not be required to be approved in addition to this CUP. The attached CUP Resolution identifies a timeframe of 12 months to install permanent signs on the building and replace or remove the existing temporary monument along HWY 101. Lighting In order to improve the security of the site, the applicant recently installed motion sensor lights throughout the boat storage area. The security lights are flood light fixtures, rather than the hooded down facing lights which are normally required by the Municipal Code. A Condition has been added to the CUP to allow the existing lights to remain, provided that they remain on motion sensors only. If the lights are to be left on for permanent lighting (not just security motion sensors) then they would need to be replaced with hooded fixtures. A building permit shall be obtained to permit and inspect the electrical work that has been completed onsite. General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Goals and Policies: Land Use Policy 2.1: “Ensure that new development is compatible with existing and surrounding neighborhoods”. Goal LOC 3. Transform the existing El Camino Real “strip” into a distinctive, attractive and efficient commercial, office and industrial park area which can provide for the long- term economic viability of the community. Land Use Policy 3.1: Encourage retail businesses at efficient and attractive nodes along El Camino Real and Morro Road with mixed office and residential uses between those nodes. Goal LOC 13: Provide a sound economic base to sustain the City’s unique character by establishing a range of employment and business opportunities and generate sufficient revenue to support adequate levels of public services, and environment, social and educational quality. Land Use Policy 13.1: Facilitate convenient location of goods and services needed by local residents. Goal LOC 14: “Retain and expand existing business and attract new businesses to improve the availability of goods and services.” Land Use Policy 14.1: “Encourage existing uses to continue providing needed products and services.” Land Use Policy 14.4: Ensure that City regulations and processes support economic development. It is Staff’s opinion of the expansion of the existing business to include the proposed boat storage and boat service is consistent with the goals and policies of the General Plan. As conditioned, the project incorporates elements that are consistent with the scale and character of the surrounding commercial uses and consistent with the General Plan’s appearance review requirements, providing attractive architecture and landscape design. Conditional Use Permit Findings A Conditional Use Permit is required for auto and repair services, and for vehicle and equipment storage, when located in the Commercial Park zoning district. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as the appropriateness of use, architectural design, site design, landscape, signage, and specific standards of the Zoning Ordinance. The Planning Commission must make the following findings in order to approve the proposed amendment to Conditional Use Permit 1983-038: 1. The proposed project or use is consistent with the General Plan, as well as the City’s Appearance Review Manual and any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Staff Comment: The use is consistent with the General Commercial designation of the General Plan and the General Plan Land Use Element Goals LOC 3, LOC 13, LOC 14, and Policies 2.1, 3.1, 13.1, 14.1 and 14.4. The Atascadero Design Review Committee discussed the proposed project at their regular meeting on March 14, 2013. The DRC finds the project consistent with the appearance review manual and recommends the project as conditioned. 2. The proposed project or use satisfies all applicable provision of the Title (Zoning Ordinance) Staff Comment: The proposed boat service and storage use of the project requires a conditional use permit. The project satisfies all conditional use permit provisions for the commercial park zone, as well as special use requirements identified in as identified in Atascadero Municipal Code section 9-6.140 for outdoor storage yards, and section 9-6.168 Automobile repair or services. Landscape requirements of sections 9-4.125, 9-6.163, and 9-4.119 shall be implemented. 3. The existing vegetation, topography or structural arrangement of the site preclude the need for the minimum 5-foot wide side yard landscaping required by Atascadero Municipal Code section 9-4.125 (b)(8). AMC section 9-4.125 (c)(2) states that where conditional use permit approval is required, the Planning Commission may waive, modify or increase the landscaping requirements of this section (9-4.125) if a finding can be made that existing vegetation topography or structural arrangement preclude the need for landscaping. The northern side yard of the subject property is enclosed and screened from the view of public streets and adjoining properties by solid fencing, and therefore precludes the need for landscaping of this area. 4. 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 person residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvement in the vicinity of the use. Staff Comment: The proposed development will not be detrimental to the general public or working person’s health, safety, or welfare, or injurious to property or improvement in the vicinity of the use. 5. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed to enhance the appearance along El Camino Real with high quality project landscaping. Additionally, a landscape buffer along Highway 101 and landscape in the front parking area will be implemented on the project site. 6. 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. Staff Comment: The proposed project and use, as conditioned by the original conditional use permit and the amendment, is consistent with the traffic projection and road improvement anticipated within the General Plan. Frontage improvements along El Camino Real have been previously installed and are per current standards. Based on staff’s analysis in the preceding sections, it appears that all of the required findings for approval of an amendment to the Conditional Use Permit can be made. Proposed Environmental Determination The proposed project qualifies for a Class 1 categorical exemption for the operation, permitting, and minor alteration of existing facility, involving negligible expansion of existing use. No new buildings or additional structures are proposed with the Conditional Use Permit Amendment. The amendment is proposed to create compliance between the Conditional Use Permits (Master Plan of Development ) and current site design and operations. Conclusion The applicant is proposing an amendment to Conditional Use Permit 1983-008 to add boat storage and boat repair to the existing CUP for boat sales. The updated site plan proposes storage areas, boat repairs areas, fencing, landscaping, site lighting, and signage on the two (2) subject sites. The existing single family residence on APN 049- 211-053 will remain as a caretaker’s unit. The proposed project is consistent with the General Plan and Atascadero Municipal Code. Based on the above analysis and incorporated conditions, staff recommends approval of the amendment to the Conditional Use Permit. ALTERNATIVES: 1. The Commission may include 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: Site Photos Attachment 4: Draft Resolution PC 2013-0006 Attachment 1: Location Map, General Plan and Zoning Zoning: Commercial Park (CPK) General Plan Designation: Commercial Park (CPK) Project Site 3380 El Camino Real Project Site 3320 El Camino Real Attachment 2: Aerial Photo Project Site 3380 ECR Project Site 3320 ECR Attachment 3: Site Photos ATTACHMENT 4: Draft Resolution PC 2013-0006 DRAFT RESOLUTION PC 2013-0006 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 1983-008 TO ADD BOAT SERVICE AND STORAGE TO AN EXISTING BOAT SALES LOT WITHIN THE COMMERICAL PARK ZONE AT APN 049-211-053 & 049-211-052 (3380 & 3320 El Camino Real / Gustafson) WHEREAS, an application has been received from Applicant, Southpaw Design and Construction Inc. (PO Box 2851, Paso Robles, CA 93447) and Property/Business Owner, Kris and Tina Gustafson (1420 San Ramon Road, Atascadero, CA 93422) to consider an amendment to an existing Conditional Use Permit (CUP 1983-008) to add boat storage and boat repair to an existing CUP for boat sales 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 vehicle storage and vehicle service uses within the Commercial Park zone; and, WHEREAS, CUP 1983-008 was previously approved on this site for a boat sales lot; and, WHEREAS, the proposed project qualifies for a Class 1 Categorical Exemption, under the California Environmental Quality Act (CEQA); 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 Atascadero, at a duly noticed Public Hearing held on April 2, 2013, studied and considered the amendment to Conditional Use Permit 1983-008, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been determined to be exempt from CEQA based on a Class 1 categorical exemption for the operation, permitting, and minor alteration of existing facility, involving negligible expansion of existing use. 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 any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The existing vegetation, topography or structural arrangement of the site preclude the need for the minimum 5-foot wide side yard landscaping required by Atascadero Municipal Code section 9-4.125 (b)(8); and, 4. 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, 5. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 6. 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 April 2, 2013 resolved to approve the amendment to Conditional Use Permit 1983-008 subject to the following: EXHIBIT A: Categorical Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan (Master Plan of Development) EXHIBIT D: El Camino Real Frontage Landscape Plan 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 ______________________________ Planning Commission Chairperson Attest: ______________________________ Warren Frace Planning Commission Secretary EXHIBIT A: Categorical Exemption PLN 2013-1445 / Amendment to CUP 1983-008 EXHIBIT B: Conditions of Approval PLN 2013-1445 Conditions of Approval PLN 2013-1445 / Amendment to CUP 1983-008 3380 & 3320 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 Planning Department Conditions 1. This amendment to Conditional Use Permit 1983-008 shall be for a boat sales lot, boat storage, and boat service described in the attached exhibits (C, D) and located on parcels 049-211-053 & 049-211-052 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. 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 CA 5. All previous Conditions of Approval adopted with CUP 1983-008 and the 1984 Conditional Negative Declaration are hereby incorporated by reference, and shall remain in effect unless specifically modified by this amendment Ongoing PS 6. Landscape shall be installed and maintained in good condition as identified on the site plan and frontage landscape plan (Exhibit C and D), including the following. Irrigation shall be installed to all new landscape areas. a) Street trees (London Plan Sycamore) shall be planted along the El Camino Real frontage, spaced every 30-foot on center b) Landscape buffer shall be installed behind the service center to complete landscape screen along the HWY 101 frontage. Landscape shall match existing evergreen trees which are installed behind the boat sales building c) Landscape to be installed between the storage yard fence and the DG parking area at the front of the lot. Upon CUP approval Ongoing PS Conditions of Approval PLN 2013-1445 / Amendment to CUP 1983-008 3380 & 3320 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 7. The boat storage area shall be maintained consistent with the following: a) DG surface maintained throughout storage yard b) Solid screening fence maintained around perimeter of storage yard Ongoing PS 8. Boat storage on site is permitted for boats awaiting service, or for boat storage that can be rented to the public, provided that: a) The storage consists of boats and related boat equipment only b) All storage shall be kept screened from public view, behind the solid fence, in the designated storage area Ongoing PS 9. Boat service operation shall be conducted within the identified service area (per Exhibit C), and shall be screened from public view. Any boats or equipment awaiting service shall be kept within a screened area Ongoing PS 10. All trash dumpsters or trash cans shall be kept within a trash enclosure, or behind solid fence in the service area, so that the trash is screened from public view Ongoing 11. The lights within the boat storage yard shall remain on motion sensor only. If the storage area lights are to be kept on permanently, shielded down facing, hooded lights shall be installed to minimize off site light spill and glare. Ongoing PS 12. The existing non-conforming single family residence on site may remain on site as a care taker unit. a) The residence shall be separated from the boat storage, service area, and sales lot by a solid six (6) foot tall fence. b) The residence shall be provided at least two designated parking spaces on site c) At least 300 square feet of private outdoor space shall be provided for the residential unit within the fenced area BP PS 13. Signage: a) Permanent freeway facing signage shall be installed on the main building in place of the existing temporary signs b) The temporary monument sign currently located along the HWY 101 frontage shall either be removed or replaced with a permanent freeway monument/pole sign c) The temporary signs shall be removed or replaced with permanent, permitted signage within one year of this CUP amendment approval (by April 2, 2014). A time extension of the sign installation may be BP PS Conditions of Approval PLN 2013-1445 / Amendment to CUP 1983-008 3380 & 3320 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 requested in writing by the property owner to the Community Development Director if hardship prevents installation within the given timeframe d. An administrative use permit for the freeway signs shall not be required provided that the signage meets the size and design requirements identified in the Municipal Code for freeway facing signage. Building Division Conditions 14. Permits shall be obtained for all accessory structures, carports, and sea- trains where not previously permitted. Foundations or approved hold down will be installed, and structures shall be sited to meet setbacks required by the building code. Upon CUP approval BS 15. Applicant shall obtain permits for the lights installed in the boat storage area and the automatic gate. Electrical and mechanical installation to be inspected by City building department. Upon CUP approval 16. Accessibility upgrades on site may be required based on the valuation of improvements being permitted. The applicant shall work with City building staff to identify accessible improvements on site, as required by the building code. BP BS 17. If public outdoor storage is provided within the storage yard, accessible path of travel shall be provided to areas of public use. BP BS Public Works Project Conditions 18. Boat service operations to be maintained in compliance with the City’s storm water management plan Ongoing PW 19. Any new solid surface paving installed in the future will require storm water detention on site Ongoing PW Fire Department Project Conditions 20. A knox box shall be installed on any locked or mechanical gates on site to allow fire department access in the case of an emergency Upon CUP approval & Ongoing FD 21. A 20-foot clear accessway shall be maintained through the storage facility to provide fire department access Ongoing FD EXHIBIT C: Site Plan PLN 2013-1445 / Amendment to CUP 1983-008 EXHIBIT D: El Camino Real Frontage Landscape Plan PLN 2013-1445 / Amendment to CUP 1983-008 Plant List El Camino Real -Street trees to be added to existing planter along EL Camino Real - London Plane Sycamore - Install every 30-foot on center -Include irrigation to new trees September 2, 2003 Page 1 of 20 Atascadero Planning Commission Staff Report - Community Development Department Callie Taylor, Senior Planner, 470-3448, ctaylor@atascadero.org PLN 2013-1448 Conditional Use Permit 2013-0263 U-Haul Rental (Vehicle Storage) in Commercial Retail Zone 8155 & 8165 El Camino Real SUBJECT: The proposed project consists of an application for a Conditional Use Permit to allow vehicle storage behind existing buildings at 8155 El Camino Real and 8165 El Camino Real for a U-Haul rental business. RECOMMENDATION: Design Review Committee Recommends Planning Commission: Adopt PC Resolution 2013-0007 to approve a vehicle storage yard for a U-Haul rental business at 8155 and 8165 El Camino Real, subject to Conditions of Approval, based on the attached findings. Situation and Facts 1. Applicant: Stephanie Brown, 5455 Via Ranchitos, Atascadero, CA 93422 2. Property Owner: Rick Long, 9375 Santa Clara, Atascadero, CA 93422 3. Project Address: 8155 & 8165 El Camino Real, Atascadero, CA 93422 APN: 030-151-037 4. General Plan Designation: General Commercial (GC) 5. Zoning District: Commercial Retail (CR) 6. Site Area: 0.81 acres ITEM NUMBER: 3 DATE: 4-2-13 7. Existing Use: Existing businesses: upholstery shop and Battery Systems 8. Environmental Status: Class 1 categorical exemption for the operation, permitting, and minor alteration of existing facility, involving negligible expansion of existing use. DISCUSSION: Surrounding Land Use and Setting: North: Commercial Retail (CR) South: Commercial Retail (CR) East: Commercial Retail (CR) & Residential Single-family (RSF) West: Commercial Retail (CR) (Albertson’s center) DRC Review The Atascadero Design Review Committee (DRC) reviewed proposed project on March 14, 2013. The DRC recommends approval of the proposed project, including the following: - Provide minimum 16-foot wide through access between the two vehicle storage areas - Install a sliding gate between the buildings to screen storage yard - No parking signs, fire lane painting, no parking areas on driveway identified, and after hours vehicle drop off signage installed - Paint striping for 7 customer/employee parking spaces (includes 1 accessible space) - Provide designated trash area at behind building along north fence line - Replacing broken slats in chain link fence - Clean-up of front landscape planter - No private storage on site (U-Haul vehicle rental yard only) The DRC recommendations have been included in the attached resolution of approval. ANALYSIS: The proposed U-Haul rental business is classified as “vehicle and equipment storage.” Per the Atascadero Municipal Code 9-3.223, the vehicle storage is a conditional use in the Commercial Retail zone, and is subject to the special use standards of Atascadero Municipal Code (AMC) Section 9-6.140 (Storage yards), as well as appearance review of the commercial lot. Proposed Site Plan The applicant is proposing to use the rear parking area behind the existing buildings at 8155 and 8165 El Camino Real for the U-Haul storage. The applicant would use the existing building at 815 El Camino Real (previously Coffee Klatch) as the U-Haul rental office. The rental office would be shared with the upholstery shop currently operating in the building. The paved area behind the office would be the primary storage area, and the area behind the adjacent building (8165 El Camino Real, Battery Systems) would be used for overflow vehicle storage as needed. No site improvements were proposed by the applicant at the time of CUP submittal; however, the DRC is recommending a few site modifications in order to ensure proper screening and other use compatibility items. The applicant has not identified the maximum number of vehicles to be stored on site, as they intend to rent out as many trucks as possible and the vehicles would be offsite much of the time. Site Plan Provided by Applicant AMC Section 9-6.140 has specific requirements for fencing of storage yards. The code requires that the storage area be screened from public view on all sides by a solid wood, painted metal, or masonry fence, with a minimum height of 6 feet. Fencing must be maintained in good condition. The AMC requirements for fencing can be modified by the Planning Commission through the Conditional Use Permit process. An existing chain link fence with slats is currently located on site surrounding both of the proposed storage areas. A 20 foot wide gate provides access to the southern lot behind Battery Systems, and the access to the northern storage lot is open. The existing chain link fence is not consistent with the Municipal Code requirements for storage yards or for fencing on commercial lots; however, due to the location at primarily the rear and Rental truck storage area Overflow storage area sides of the site, DRC recommends that the existing screening fence be permitted to remain. The broken or damaged vinyl slats should be replaced to clean up the appearance and provide a more solid screening. The two storage areas which have been proposed for the site are currently separated by a solid wood fence in the middle of the lot. The fence prevents access between the north and the south storage yards, and requires exiting the site onto El Camino Real to move vehicles between the lots. Emergency access between the lots is also limited by the existing fence. DRC recommends removing a minimum 16-foot wide portion of the fence to provide through access between the main storage area and the overflow in order to provide safe and orderly development of the site. Customer and employee parking is proposed directly behind the building at 8155 El Camino Real, towards the front of the storage yard. DRC recommends that seven (7) parking spaces be painted on site (per AMC parking lot standards), including one (1) accessible parking space. DRC recommends that a sliding gate be installed between the two buildings to screen the rear storage yard. The gate would be left open during working hours to provide access to the customer parking, and then closed when the business is closed. A knox box is conditioned to be installed on each locked gate to provide Fire Department access. DRC is also recommending that no parking signs and U-Haul after hours drop off signs be installed to identify proper areas on site for customers to leave the U-Haul trucks. Per DRC, a no parking zone and fire lanes would be painted on the ground in front of the entrance gate to keep this area clear for emergency access. Staff has included a condition to have the Fire Marshall work with the applicant to identify the no parking area in front of the gate to ensure that emergency access is maintained. Atascadero Municipal Code sections 9-4.125 through 9-4.128 include minimum landscape standards for commercial lots. Since the site has been previously developed with structures and paving, the DRC is not recommending any additional landscape be added to the site with the Conditional Use Permit. DRC does recommend that the existing landscape planter along El Camion Real be cleaned up to improve the appearance of the existing vegetation and maintain this area in good condition. A trash enclosure has not been identified on site as the applicant currently is not using the Waste Alternative trash service pick up. DRC recommends that an area be designated for trash storage at the rear north corner behind the existing office building. All trash should be screened behind the building, and not visible from public view. Site Plan (Recommended by DRC) The applicant provided the necessary changes as directed by the DRC and the Planning Commission approved the project on February 7, 2012. The applicant applied for building permits on February 16, 2012 and the permits were issued on March 15, 2012. The applicant has made progress with the interior work of the building, as well as some of the changes that were made a part of the conditional use permit such as the installation of landscape planters along El Camino Real and repainting of the masonry building. In July, the applicant requested a meeting with City Staff to go over outstanding items necessary to be completed as well as request relief on some of the conditions that were approved as a part of the CUP. The applicant is requesting relief on some of the conditions that were included in the CUP and shown on the approved building permits. City Staff is requesting that the DRC review the items that the applicant is seeking a relief on and make a determination if the improvements are in conformance with the CUP. Those items include:  Required Landscaping at the south end of the property next to the driveway;  Trash Enclosure re-location and screening of the enclosure;  Location existing chain link fencing  Exterior painting General Plan Consistency U-Haul office & Upholstery shop U-Haul vehicle storage area Existing Battery Systems store U-Haul vehicle overflow storage area Customer parking area Existing Fence between storage areas to be modified to provide through access Install gate (chain link with slats) to screen storage yard Existing landscape planter along El Camino Real No parking signs and striping, and designated drop off area to be identified Designated trash storage Existing gate to access rear storage yard The proposed project is consistent with the following General Plan Land Use Element Goals and Policies: Land Use Program 1.1.7: “Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist.” Goal LOC 13: Provide a sound economic base to sustain the City’s unique character by establishing a range of employment and business opportunities and generate sufficient revenue to support adequate levels of public services, and environment, social and educational quality. Land Use Policy 13.1: Facilitate convenient location of goods and services needed by local residents. Goal LOC 14: “Retain and expand existing business and attract new businesses to improve the availability of goods and services.” Land Use Policy 14.4: Ensure that City regulations and processes support economic development. Conditional Use Permit Findings A Conditional Use Permit is required for vehicle and equipment storage when located in the Commercial Park zoning district. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as the appropriateness of use, architectural design, site design, landscape, signage, and specific standards of the Zoning Ordinance. The Planning Commission must make the following findings in order to approve Conditional Use Permit 2013-0263: 1. The proposed project or use is consistent with the General Plan, as well as the City’s Appearance Review Manual and any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Staff Comment: The use is consistent with the General Commercial designation of the General Plan and the General Plan Land Use Element Goals LOC 13 and LOC 14, Policies 13.1 and 14.4 and Land Use Program 1.1.7. The Atascadero Design Review Committee discussed the proposed project at their regular meeting on March 14, 2013. The DRC finds the project consistent with the appearance review manual and recommends the project as conditioned. 2. The proposed project or use satisfies all applicable provision of the Title (Zoning Ordinance). Staff Comment: As conditioned, the project satisfies most of the special use permit provisions for of Atascadero Municipal Code Section 9-6.140 for storage yards. AMC section 9-6.140 does require the storage yard screening be solid wood, painted metal or masonry fencing; however, since the slatted chain link fence is existing, DRC is recommending that the fence be permitted to remain provided it is maintained in good condition. Since the site has been previously developed with buildings and pavement, DRC is recommending that the some general site development provisions of Chapter 4 of the Zoning ordinance, such as landscape requirements, should not be required. Customer parking will be provided in compliance with AMC section 9-4.117 (Parking design standards). 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. Staff Comment: The proposed commercial development will not be detrimental to the general public or working person’s health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed storage yard would be located at the rear of the lot behind existing buildings and screened from public view. Signage shall be installed on site to try to minimize the U-Haul vehicles from being parked on public streets or blocking nearby businesses. 5. The proposed use or project will not generate volume or traffic beyond the safe capacity of all roads providing access to the project either existing or toe 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. Staff Comment: The proposed project and use, as conditioned, is consistent with the traffic projections and road improvements anticipated within the General Plan. Based on staff’s analysis in the preceding sections, it appears that all of the required findings for approval of a Conditional Use Permit can be made. Proposed Environmental Determination The proposed project qualifies for a Class 1 categorical exemption for the operation, permitting, and minor alteration of existing facility, involving negligible expansion of existing use. No new buildings or additional structures are proposed with the Conditional Use Permit Amendment. The vehicle storage will utilize the existing paved area for the placement of the U-Haul vehicles. Conclusion The applicant is proposing a vehicle storage yard for U-Haul rentals at APN 030-151- 037, behind the existing buildings located at 8155 and 8165 El Camino Real. A Conditional Use Permit has been processed in order to provide the opportunity for the public and the Planning Commission to review the specifics of the land use proposal, such as the appropriateness of use, architectural design, site design, landscape, neighborhood compatibility and specific standards of the Zoning Ordinance. 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 include 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: Site Photos Attachment 4: Draft Resolution PC 2013-0007 Attachment 1: Location Map, General Plan and Zoning Zoning: Commercial Retail (CR) General Plan Designation: General Commercial (GC) Project Site 8155 & 8165 El Camino Real Attachment 2: Aerial Photo Attachment 3: Site Photos Access driveway to customer parking and vehicle storage area Existing landscape planter Office for U-Haul rental and upholstery shop Gate access to rear overflow U-Haul storage area Gate to be installed to screen vehicle storage area behind Designated trash storage area 7 customer and employee parking spaces to be striped Access shall be provided between northern and southern lots in this area ATTACHMENT 4: Draft Resolution PC 2013-0007 DRAFT RESOLUTION PC 2013-0007 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2013-0263 TO ALLOW A VEHICLE STORAGE FOR A U-HAUL RENTAL BUSINESS IN THE COMMERCIAL RETAIL ZONE AT APN 030-151-037 (8155 and 8165 El Camino Real / Brown / Long) WHEREAS, an application has been received from Applicant, Stephanie Brown, (5455 Via Ranchitos, Atascadero, CA 93422) and Property Owner, Rick Long (9375 Santa Clara, Atascadero, CA 93422) to consider a Conditional Use Permit (CUP 2013-0263) to establish a vehicle storage yard for U-Haul Rental; and, WHEREAS, the site’s General Plan Designation is General Commercial (GC); and, WHEREAS, the site’s Zoning is Commercial Retail (CR) and, WHEREAS, a Conditional Use Permit is required to establish vehicle and equipment storage within the Commercial Retail zone; and, WHEREAS, the proposed project qualifies for a Class 1 Categorical Exemption, under the California Environmental Quality Act (CEQA); 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, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 2, 2013, studied and considered the Conditional Use Permit 2013- 0263; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been determined to be exempt from CEQA based on a Class 1 categorical exemption for the operation, permitting, and minor alteration of existing facility, involving negligible expansion of existing use. SECTION 2. Findings for approval of 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 April 2, 2013, resolved to approve Conditional Use Permit 2013-0263 subject to the following: EXHIBIT A: Categorical Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan 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 ______________________________ Planning Commission Chairperson Attest: ______________________________ Warren M. Frace Planning Commission Secretary EXHIBIT A: Categorical Exemption (PLN 2013-1448 / CUP 2013-0263) EXHIBIT B: Conditions of Approval (PLN 2013-1448 / CUP 2013-0263) Conditions of Approval PLN 2013-1448 / CUP 2013-0263 8155 and 8165 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 1. Conditional Use Permit 2013-0263 shall be for a vehicle storage area for U-Haul rentals described on the attached Exhibit C and located on parcel 030-151-037 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 building permit or begun the required site improvements 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 CA 6. All site improvements shall be consistent or superior to those shown in attached Exhibits C. BP / Ongoing PS 7. A minimum16-foot wide accessway shall be provided between the two vehicle yards. A portion of the existing fence shall be removed to provide this through access. BL / Ongoing PS / BS / FD 8. A gate shall be installed at the entrance to the primary storage area, between the two buildings, in order to screen the vehicle storage area behind. The gate shall be chain link with vinyl slats to provide solid screening, or another or superior material. BL / Ongoing PS 9. No parking signs and a painted, striped no parking zone with fire lane shall be installed on the driveway in front of the new gate. Signage which identifies afterhours U-Haul drop off location and directions shall BL PS / FD Conditions of Approval PLN 2013-1448 / CUP 2013-0263 8155 and 8165 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 be installed. The applicant shall work with the Fire Department to identify location of the no parking areas in order to ensure emergency access is provided as needed. 10. Fire Department approved knox boxes shall be installed on both locked gates in order to provide fire department access to the rear of the site in the event of an emergency. BL / Ongoing FD 11. A minimum of seven (7) customer and employee parking spaces shall be provided behind the building. The spaces sized and installed shall be per Atascadero Municipal Code standards. At least one accessible parking space shall be provided. BP PS / BS 12. A designated trash storage area shall be provided behind the north corner of building. All trash shall be screened from public view. Trash shall not be permitted to accumulate on site. Any existing debris behind the building shall be removed BL / Ongoing PS 13. Broken or damaged slats in the existing chain link fence shall be replaced. The fence shall be maintained in good condition BL PS 14. The existing landscape planter along El Camino Real shall be cleaned and maintained in good condition. Any dead plants or bare areas shall be replaced with new landscape materials BL / Ongoing PS 15. All signage shall comply with the Atascadero Sign Ordinance. The required no parking and vehicle drop off signs shall not count towards the total commercial sign allowances in the Sign Ordinance. BP PS 16. There shall be no private storage permitted on site. The vehicle storage yard shall be used for storage of U-Haul rental truck only BL /Ongoing PS 17. Any exterior lights installed on site shall be hooded, down facing fixtures designed to eliminate off site glare and light spill. Building permits shall be obtained for any new electrical work BP PS / BS EXHIBIT C: Site Plan (PLN 2013-1448 / CUP 2013-0263) ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-2-13 Atascadero Planning Commission Staff Report – Community Development Department Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org PLN 2013-1447 Minor Conditional Use Permit 2013-0262 Oversized Accessory Structure 4755 Dolores (Teague) RECOMMENDATION: Staff Recommends Planning Commission: Adopt PC Resolution 2013-0008 to approve an oversized accessory structure of approximately 1,226 square feet at 4755 Dolores Avenue based on the findings that the project is consistent with the City’s General Plan. SITUATION AND FACTS: 1. Owner: Kevin and Alecia Teague, 4755 Dolores Avenue, Atascadero, CA 93422 2. Project Address: 8605 Del Rio Road, Atascadero, CA 93422 APN 050-101-028 3. General Plan Designation: Single-Family Residential (SFR-Y) 4. Zoning District: Residential Single-Family (RSF-Y) 5. Site Area: 0.6 acres 6. Existing Use: Single-Family Residence 7. Environmental Status: Proposed Class 1 categorical exemption for a proposed addition to an existing structure that does not result in an increase of 2,500 square feet total for the entire structure. ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-2-13 Aerial of Proposed Project Location DISCUSSION: Background: The subject property is 0.6 acres with an existing 1,248 square foot single-family residence. The property is located at Dolores Avenue / Yerba Avenue the intersection. The single-family residence and the existing detached garage have their entrance and exit off of Yerba Avenue. The house was constructed in the late 1950s. As a part of construction of the original house, a 600 square foot detached garage was constructed. An addition to the garage was completed in the early 1980’s to bring the total size of the accessory structure to 1,260 square feet. This addition did not obtain the required permit. The applicants met with City Staff to discuss a potential “conditioned” (heated and insulated building) studio to be located within the existing accessory building. Staff requested that the applicant obtain property records to ensure that the size of the structure was legally permitted since the structure exceeds the City’s current accessory size standards. Upon review of the building records, Staff determined that the addition to the garage was unpermitted and presented various options to legalize the structure and how to proceed forward with their proposed project. The applicant’s representative met with Staff and decided that a Conditional Use Permit (CUP) would be the best way to move forward with legalizing the structure as a detached garage and art studio. Surrounding Land Use and Setting: North: Residential Single Family (RSF-Y) South: Residential Single Family (RSF-Y) East: Limited Single Family (LSF-Y) West: Residential Single Family (RSF-Y) ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-2-13 ANALYSIS: The applicant is seeking a Conditional Use Permit (CUP) to legalize a 1,260 square foot detached garage/workshop that has already been constructed on the subject property. Atascadero Municipal Code (AMC) Section 9-6.106 limits the size of detached accessory structures to less than 50% of the primary residence. The Municipal Code allows detached accessory structures to be larger than 50% through approval of a CUP. Municipal Code Section 9-6.106 Residential Accessory Structures: (b) Detached Accessory Structures. Any detached accessory structure intended for residential accessory uses and accessory storage: (2) Floor Area. The gross floor area of a detached accessory structure is not to exceed fifty percent (50%) of the gross floor area of the principal structure. (d) Exceptions to Accessory Structure Standards. (1) Detached accessory structures that exceed size requirements are subject to the approval of a minor conditional use permit. The existing residence is approximately 1,248 square feet. The Municipal Code Section 9-6.106 limits the size of a detached accessory structure to 624 square feet (50% of the residence) without approval of a CUP. The proposed conditioned storage area/studio exceeds the allowed size by 636 square feet. The proposed accessory structure is setback from the Yerba Avenue and not easily visible from the street. The accessory structure is located approximately 15 feet from the primary residence. The building was constructed to look similar to original garage. The applicant is proposing to maintain the existing garage and laundry in the legally permits portion of the structure. As a part of the remodel of the structure, the applicant is proposing to convert a portion of the garage into conditioned space for storage needs. The applicant is proposing to add a new wall to unpermitted space and creating a new 320 square foot conditioned studio. The studio is proposed to be used by the property owner as an area to work on art and other crafts in a conditioned setting versus its existing, non-conditioned garage. The Atascadero Municipal Code Section 9-5.020.(f) allows for the construction of an accessory studio with no kitchens, no overnight stays, cooking facilities and/or no bathing facilities. Studios are limited to four hundred fifty (450) square feet. Deed restrictions are required for any proposed studio with a water closet limiting the use of the studio. A deed restriction is required to be signed and recorded as a part of the proposed project’s approval (condition 7). ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-2-13 Proposed Floor Plan of Oversized Accessory Studio FINDINGS: The Planning Commission must make the following findings in order to approve a CUP for the proposed oversized accessory structure, consistent with Atascadero Municipal Code section 9-2.110(3)(iv). If the Commission chooses to deny the project, the Commission must make specific findings for denial. 1. The proposed project or use is consistent with the General Plan. Staff Comment: The proposed project and use is consistent with the Atascadero General Plan. The oversized accessory structure is within a residentially designated area which allows for accessory structures in conjunction with a residence. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment The City’s Zoning Ordinance allows for an exception to the 50% size limitation rule for accessory structures, provided that a property owner obtain a minor conditional use permit. The existing accessory structure currently meets all exterior and interior setbacks and will be required to obtain a building permit for 320 square foot studio (currently unpermitted) Permitted garage ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-2-13 all unpermitted work. Based on these items, the proposed project satisfies all applicable provisions of the 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. Staff Comment The proposed oversized accessory structure will not 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. Staff Comment The proposed oversized accessory structure has been constructed. The structure uses similar materials such as wood framing and siding and is consistent with the architectural design of the existing primary residence. The primary residence is consistent with the its surrounding neighborhood context, and thus is consistent with the character of the immediate neighborhood and provides an 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 volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment The proposed oversized accessory structure will not generate a volume of traffic beyond the safe capacity of the existing or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. That the proposed project is in compliance with any pertinent city policy or criteria adopted by ordinance or resolution of the city council. Staff Comment The proposed oversized accessory structure would be in compliance with City Policies and ordinances with approval of the CUP. ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-2-13 CONCLUSIONS: The proposed CUP will legalize a 1,260 square foot accessory structure that was constructed that exceeds the 50% of the size of the primary residence. Code Section 9- 6.106 allows the construction of an oversized accessory structure with Planning Commission approval to ensure on-site and neighborhood compatibility. Based on staff’s analysis in the preceding sections, all of the required findings for approval of a CUP can be made. The project satisfies all applicable provisions of the zoning ordinance and City Policies; the project is consistent with the neighborhood character and orderly development; and the proposed project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the proposed project. ALTERNATIVES: 1. The Commission may approve the project with additional or revised project conditions. 2. The Commission may deny the project if it is found that the required findings cannot be made. The Commission’s motion to deny must include a finding for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 – Location Map (General Plan & Zoning) Attachment 2 – Site Photos Attachment 3 – Proposed Site Plan Attachment 4 – Draft Resolution PC 2013-0008 ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-2-13 ATTACHMENT 1: Location Map (General Plan and Zoning) PLN 2013-1447 / CUP 2013-0262 4755 Dolores Avenue Zoning: RSF-Y Land Use Designation: SFR-Y Project Site 4755 Dolores ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-2-13 ATTACHMENT 2: Site Photos PLN 2013-1447 / CUP 2013-0262 4755 Dolores Avenue View of oversized accessory structure from Yerba Avenue Existing Residential Home ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-2-13 Original garage built with residence circa 1958 Unpermitted garage addition to be legalized with CUP ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-2-13 ATTACHMENT 3: Proposed Site Plan PLN 2013-1447 / CUP 2013-0262 4755 Dolores Avenue ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-2-13 ATTACHMENT 4: Draft Resolution PC 2013-0008 PLN 2013-1447 / CUP 2013-0262 4755 Dolores Avenue DRAFT RESOLUTION NO. PC 2013-0008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2013-1447 / CUP 2013-0262, A CONDITIONAL USE PERMIT FOR A 1,260 SQUARE-FOOT OVERSIZED ACCESSORY STRUCTURE THAT EXCEEDS 50 PERCENT OF THE SIZE OF THE PRIMARY RESIDENCE (TEAGUE) WHEREAS, an application was received from Kevin and Alecia Teague, 4755 Dolores Avenue, Atascadero, CA 93422, (Owner) for a Minor Conditional Use Permit to allow a 1,260 square-foot accessory structure; and, WHEREAS, the proposed project has a General Plan Designation of Single Family Residential (SFR-Y) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Single Family zone (RSF-Y), which allows for the proposed use and density when certain findings are made; and, WHEREAS, a Conditional Use Permit is required to allow an accessory structure larger than 50% of the primary structure’s square-footage; and, WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA section 15301 Existing Structures with a proposed addition less than 2,500 square feet; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Minor Conditional Use Permit application on April 2, 2013 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-2-13 1. The proposed project is Categorically Exempt under Class 1, Section 15301 of the California Environmental Quality Act. SECTION 2. Findings for approval of oversized accessory structure. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and 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 use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use 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; and, 6. That the proposed project is in compliance with any pertinent city policy or criteria adopted by ordinance or resolution of the city council. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 2, 2013, resolved to approve Conditional Use Permit 2013-0262, subject to the following: EXHIBIT A: Categorical Exemption EXHIBIT B: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Floor Plan ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-2-13 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: ( ) ABSENT: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Planning Commission Chairperson ATTEST: ___________________________________ Warren Frace Planning Commission Secretary ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-2-13 EXHIBIT A: Categorical Exemption PLN 2013-1447 / CUP 2013-0262 4755 Dolores Avenue ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-2-13 ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-2-13 EXHIBIT B: Conditions of Approval PLN 2013-1447 / CUP 2013-0262 Conditions of Approval PLN 2010-1380 / CUP 2010-0254 Address: 4755 Dolores Avenue 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 Department Standard Conditions 1. This Conditional Use Permit shall be for a detached 1,260 square foot workshop/garage as described on the attached exhibits and located on parcel APN 028-261-031 (4755 Dolores Avenue) 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 approved plan. The Planning Commission shall have the final authority to approve any other changes to the Conditional Use Permit. BP 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 building permit. BP 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 project. Ongoing PS, CA 6. Prior to issuance of a building permit for the 320 square foot studio with the additional conditioned space, a deed restriction shall be recorded limiting the use of the building for no residential occupancy consistent with CUP 2013-0254. BP PS 7. A title 24 energy analysis report is required. Construction drawings clearly indicating all existing (permitted) work and all new (non permitted) work, and including all improvements required by the Title 24 report is required at the time of permit application submittal. BP PS ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-2-13 EXHIBIT C: Site Plan PLN 2013-1447 / CUP 2013-0262 320 square foot studio Garage ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-2-13 EXHIBIT D: Floor Plan PLN 2012-1447 / CUP 2013-0262 320 square foot studio Garage