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Home My WebLink AboutPC_2013-05-07_AgendaPacket http://www.facebook.com/planningatascadero @atownplanning CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, May 7, 2013 – 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Bentz Vice Chairperson Schmidt Commissioner Anderson 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 City of Atascadero Planning Commission Agenda Regular Meeting, May 7, 2013 Page 2 of 4 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 APRIL 16, 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 t o provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. PLN 2013-1456 / CONDITIONAL USE PERMIT 2013-0267 FOR A 15,000 SQ. FT. ATHLETIC GYM AT 7175 EL CAMINO REAL (WORKING TO GIVE) IN THE VONS SHOPPING CENTER Property Owner: Alexander Cozzolino, 143 Kelly Ave., Half Moon Bay, CA 94019 Applicant: Working to Give, Josh Donovan, 14480 San Antonio Rd., Atascadero CA 93422 Project Title: PLN 2013-1456 / CUP 2013-0267 Project Location: 7175 El Camino Real, Atascadero, CA 93422, APN 030-081-022 (San Luis Obispo County) Project Description: The application consists of a request to establish a 15,000 sq. ft. gym in an existing retail space in the Vons Shopping Center. The Atascadero Municipal Code identifies “indoor recreation,” including health and athletic clubs, as a conditional use in the Commercial Retail Zone, and therefore, Planning Commission approval is required to permit the proposed business. General Plan Designation: General Commercial Zoning: Commercial Retail Proposed Environmental Determination: The project qualifies for a Class 1 categorical exemption (CEQA Section 15301, Existing Facilities) for the operation, permitting, leasing, and minor alteration of existing facility. Staff Recommendation: Staff recommends that Planning Commission adopt Resolution PC 2013-0013 approving Conditional Use Permit CUP 2013-0267 for indoor recreation at 7175 El Camino Real, based on findings and subject to Conditions of Approval. City of Atascadero Planning Commission Agenda Regular Meeting, May 7, 2013 Page 3 of 4 http://www.facebook.com/planningatascadero @atownplanning COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for May 21, 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. City of Atascadero Planning Commission Agenda Regular Meeting, May 7, 2013 Page 4 of 4 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 C ommission 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 C ommunity Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD 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. PC Draft Action Minutes of 4/16/13 Page 1 of 8 - CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, April 16, 2013 – 7:00 P.M. City Hall Council Chambers 6907 El Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Bentz called the meeting to order at 7:00 p.m. and Vice Chairperson Schmidt led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Cooper, Colamarino, Dariz, Wolff, Vice Chairperson Schmidt and Chairperson Bentz Absent: None Others Present: Recording Secretary Annette Manier Staff Present: Warren Frace, Community Development Director Russ Thompson, City Engineer/Public Works Director David Athey, Deputy Director of Public Works-Engineering Senior Planner, Callie Taylor Assistant Planner, Alfredo Castillo APPROVAL OF AGENDA MOTION: By Commissioner Dariz and seconded by Commissioner Colamarino to approve the agenda. Motion passed 7:0 by a roll-call vote. ITEM NUMBER: 1 DATE: 5-7-13 PC Draft Action Minutes of 4/16/13 Page 2 of 8 PUBLIC COMMENT The following people spoke during public comment: Mayor Tom O’Malley who handed out a Cycle de Mayo flyer (Exhibit A). Chairperson Bentz closed the Public Comment period. PLANNING COMMISSION BUSINESS 1. AMENDMENT OF RESOLUTION PC 2013-0008(A) FOR PLN 2013-1447, CONDITIONAL USE PERMIT 2013-0262 - 4755 DOLORES AVENUE Director Frace gave the staff report and explained the reason for the new resolution. MOTION: By Vice Chairperson Schmidt and seconded by Commissioner Dariz to approve the PC Resolution 2013- 0008(A) with the corrected maximum building square footage of 1,260 square feet instead of 1,226 square feet stated in the motion. Motion passed 6:0 by a roll-call vote. (Colamarino Abstained) 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: During the April 2, 2013 Planning Commission meeting the wrong building square footage was stated in the motion. Staff is recommending the Commission adopt amended PC Resolution 2013-0008(A) with the corrected maximum building square footage of 1,260 square feet instead of the 1,226 square feet stated in the motion. PC Draft Action Minutes of 4/16/13 Page 3 of 8 CONSENT CALENDAR 2. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 2, 2013. Chairperson Bentz stated that there has been a request to remove Item #3 from the Consent Calendar and he would entertain a motion to do so. MOTION: By Vice Chairperson Schmidt and seconded by Commissioner Anderson to approve the Consent Calendar and remove Item #3 from the Consent Calendar. Motion passed 6:0 by a roll-call vote (Colamarino Abstained) After some discussion, Vice Chairperson Schmidt withdrew his motion to remove Item #3 from the Consent Calendar, and Commissioner Anderson withdrew his second. COMMUNITY DEVELOPMENT STAFF REPORTS 3. PLN 2013-1454, TREE REMOVAL PERMIT FOR 7640 VALLE AVE. Owner/Applicant: John and Jessica Sims, 7640 Valle Ave., Atascadero, CA 93422 Certified Arborist: Jeremy Lowney, Solid Oak Tree Management, PO Box 13521, San Luis Obispo, CA 93406 Project Title: PLN 2013-1454, Tree Removal Permit 2013-0161 Project Location: 7640 Valle Ave., Atascadero, CA 93422 APN 030-031-011 (San Luis Obispo County) Project Description: Removal of a 25-inch coast live oak tree to accommodate new leach lines for the construction of residential addition to an existing home. General Plan Designation: Single Family Residential (SFR) Zoning: Residential Single Family (RSF-Y) Staff Recommendation: Staff recommends adoption of PC Resolution 2013-0012 to allow the removal of one (1) 25-inch Coastal Live Oak subject to conditions of approval. Assistant Planner Castillo gave the staff report and answered questions from the Commission. Director Frace answered questions from the Commission about tree removals. PC Draft Action Minutes of 4/16/13 Page 4 of 8 DISCLOSURE OF EX PARTE COMMUNICATIONS: None PUBLIC COMMENT The following people spoke during public comment: Mike Hubert, applicant’s representative. Chairperson Bentz closed the Public Comment period. MOTION: By Commissioner Colamarino and seconded by Vice Chairperson Schmidt to approve the PC Resolution 2013-0012 a Resolution approving PLN 2013-1454/TRP 2013-0161 approving the removal of one (1) Coast Live Oak totaling 25 inches DBH and one (1) Blue Oak totaling 12 inches DBH located at 7640 Valle Aven ue on APN 030-031-011. Motion passed 7:0 by a roll-call vote. PUBLIC HEARINGS 4. PLN 2099-0516 / CONDITIONAL USE PERMIT 2002-0071 AMENDMENT, 6955 PORTOLA (REFUGE CHURCH) Property Owner: Refuge Church (Calvary Chapel of Atascadero), 6955 Portola Road, Atascadero, CA Project Title: PLN 2099-0516 / Amendment to CUP 2002-0071 Project Location: 6955 Portola Road, Atascadero, CA 93422 APN 054-083-004 (San Luis Obispo County) Project Description: A Conditional Use Permit Amendment has been submitted by Refuge Church to modify the previously approved Master Plan of Development for the site. Churches are a conditional use in the RSF zone, and therefore, require Planning Commission approval prior to expansion of facilities. The proposed CUP Amendment includes the following:  New asphalt parking lot and drive approaches off San Clemente Road  New parking lot lights throughout existing and new parking lots and at playground  Landscape of parking lot and frontage near San Clemente Rd.  New 768 sq. ft. storage garage building between sanctuary and San Clemente Rd.  Eight (8) foot fence to enclose yard space behind sanctuary (near Portola Rd)  New masonry trash enclosure  New and/or relocated signage  Add adjacent property at APN 054-071-001 to Master Plan of Development to allow for future conversion of existing residence to church offices General Plan Designation: Single Family Residential - Z (SFR-Z) Zoning: Residential Single Family - Z (RSF-Z) PC Draft Action Minutes of 4/16/13 Page 5 of 8 DISCLOSURE OF EX PARTE COMMUNICATIONS: Commissioner Dariz – None Commissioner Wolff – spoke with Diana Bistagne about the project. Vice Chairperson Schmidt – None Chairperson Bentz – No ex parte, however, he walked the site today. Commissioner Anderson – None Commissioner Colamarino – None Commissioner Cooper - None Senior Planner Taylor gave the staff report and answered questions from the Commission. The City received letters in opposition to the project which were part of the Planning Commission packet. The City also received correspondence in favor of the project today, which was distributed to the Commission tonight (Exhibit B). PUBLIC COMMENT Steve Shively, Applicant with Refuge Church, made a presentation to the Commission. Mr. Shively answered questions from the Commission and David Athey, Deputy Director of Public Works, answered questions from the Commission in regards to drainage. The following people spoke during public comment: Linda Garcia, Diana Bistagne, (Exhibit C), Ariane Leiter, Larry Basart (read a letter from Michael and Marcella Tarpley and referred to Exhibit B), Terry Hargrave, Jeremy James, Sarah (no last name given), Jim Shannon, Ditas Esperanza (Applicant’s Engineer who answered questions from the Commission), Tom O’Malley, Eugene Garcia, Mike Burke (General Engineering Contractor for Refuge Church), Karey Winters, Tom Lutz, Patrick Shepherd, Charles Edmonds, Lisa Bishop, Kristie Strand, Catherine Figueroa, and Shannon (no last name given). Chairperson Bentz closed the Public Comment period. Deputy Director Athey answered questions from the Commission in regards to drainage and permeable surfaces. Senior Planner Taylor answered questions in regards to the seatrain containers and conditional uses within residential zones. Community Proposed Environmental Determination: The proposed project qualifies for a Class 3 Categorical exemption under CEQA, including new construction or conversion of a limited number of small structures or facilities. Portions of the project also qualify for Class 1 Categorical Exem ption for the minor alteration of existing facilities, including conversion of single -family residence to office use. Staff Recommendation: Staff recommends that Planning Commission adopt Resolution PC 2013-0009 approving Conditional Use Permit Amendment 2002-0071 based on findings and subject to Conditions of Approval. PC Draft Action Minutes of 4/16/13 Page 6 of 8 Development Director Frace answered questions from the Commission in regards to the project. Commissioner Colamarino explained that he could not support the CUP Amendment because he cannot make the finding on Page 62, Item 3 that “the use will not , because of the circumstances and conditions applied, be detrimental to the health, safety or welfare of the neighborhood” and having this use in a residential area is inconsistent with the neighborhood. Commissioner Wolff explained she would not support it because she feels it should go to the Design Review Committee first. MOTION: By Commissioner Cooper and seconded by Vice Chairperson Schmidt to adopt PC Resolution 2013-0009 approving an Amendment to Conditional Use Permit 2002-0071 at 6955 and 6855 Portola Road on APN 054-071-001 and APN 054-083-004 subject to Conditions of Approval. Motion passed 5:2 by a roll-call vote. (Colamarino and Wolff opposed) Chairperson Bentz adjourned the meeting for a break at 9:20 p.m. Chairperson Bentz readjourned the meeting at 9:30 p.m. PUBLIC HEARINGS (CONTINUED) 5. PLN 2099-1033 / CONDITIONAL USE PERMIT 2003-0095 AMENDMENT, 9190 SAN DIEGO ROAD (SOUTHSIDE VILLAS) Property Owner: Cencal Ventures LLC, 5423 Village Road Suite 200, Long Beach, CA 93446 Applicant: Tim Roberts, Roberts Engineering, 2015 Vista De La Vina, Templeton, CA 93465 Project Title: PLN 2099-1033 Southside Villas Project Location: 9190 San Diego Road, Atascadero, CA 93422 (APN 045-324-001) San Luis Obispo County Project Description: Proposed subdivision redesign from 84 Condominiums units to a mix of 26 Condominiums units (16 units completed, 10 units under construction) and 48 townhome units for a total of 74 residential units at build-out. Redesign includes re- configuration of open space areas and park features. Applicant is requesting the elimination of a requirement to provide seven (7) very low income units that were previously approved as a part of the project’s original entitlement. In addition to the proposed project redesign, applicant is proposing revised off-site improvements to the previously approved improvements at the El Camino Real / San Diego Road intersection. PC Draft Action Minutes of 4/16/13 Page 7 of 8 DISCLOSURE OF EX PARTE COMMUNICATIONS: Chairperson Bentz - None Vice Chairperson Schmidt - stated that he and the project applicant have known each other for 30 years, and he discussed the Tentative Tract Map and CC&R’s with him. Commissioner Dariz – None Commissioner Wolff – None Commissioner Anderson – None Commissioner Colamarino – None Commissioner Cooper - None Assistant Planner Castillo gave the staff report. The Design Review Committee met on November 29, 2012, and staff has been meeting with the applicant since that time. Assistant Planner Castillo reviewed the DRC recommendations, and answered questions from the Commission. PUBLIC COMMENT Tim Roberts, Civil Engineer, gave a presentation on the project and introduced property owner, Ben Efraim with CenCal Ventures, LLC. Mr. Efraim also spoke about the project and then both Tim Roberts and Ben Efraim answered questions from the Commission. The following people also spoke during public comment: Paul Prins, and Aaron Abbot with Robins Reed, Inc. Chairperson Bentz closed the Public Comment period. Director of Public Works, Russ Thompson responded to questions in regards to traffic safety and privacy that arose during public comment from Paul Prins. Assistant Planner Castillo and Director Frace answered questions about the low income housing. General Plan Designation: High Density Residential (HDR) Zoning: Residential Multi-Family (RMF-20) Proposed Environmental Determination: Proposed project revisions are consistent with Certified Mitigated Negative Declaration 2003-0035. Design Review Committee Recommendation: Approval of Amendment to CUP 2003-0095 as proposed by applicant, subject to conditions of approval. PC Draft Action Minutes of 4/16/13 Page 8 of 8 MOTION: By Vice Chairperson Schmidt and seconded by Vice Commissioner Cooper to adopt PC Resolution 2013-0010 approving an Amendment to Conditional Use Permit 2003 -0095 (Master Plan of Development) at 9190 San Diego Way subject to Conditions of Approval; AND To adopt PC Resolution 2013-0011, A resolution recommending to the City Council to ELIMINATE two (2) very low income units as part of an Amendment to Conditional Use Permit 2003-0095 (Master Plan of Development) at 9190 San Diego Way. Motion passed 7:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None DIRECTORS REPORT  Director Frace gave an update on the Walmart court hearing and Spring Hill Suites Hotel.  The Housing Element and a report on permit streamlining will be on the April 23, 2013 City Council Agenda.  The next Planning Commission meeting will be held on May 7, 2013. ADJOURNMENT – 10:41 p.m. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary The following exhibits are available in the Community Development Department: Exhibit A – Cycle de Mayo Flyer Exhibit B – Signatures in favor of Refuge Church Exhibit C – Letter from Diana Bistagne t:\~ planning commission\pc minutes\pc minutes 2013\pc draft actn minutes 4 16 13.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 Jordan Cowell, Planning Intern, 470-3470, jcowell@atascadero.org  PLN 2013-1456 Conditional Use Permit 2013-0267 Indoor Recreation Use (Gym) in Commercial Retail Zone 7175 El Camino Real (Pro Athletix / Cozzolino) SUBJECT: The proposed project consists of an application to create a gym/fitness center in an existing 15,000 square foot building located in the Vons shopping center. Indoor recreation is a conditionally allowed use in the Commercial Retail zone. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2013-0013 approving Conditional Use Permit 2013-0267 to allow indoor recreation at 7175 El Camino Real based on findings and subject to Conditions of Approval. Situation and Facts 1. Applicant: Pro Athletix, Matt Holguin & Josh Donovan 14480 San Antonio Road, Atascadero, CA 93422 2. Property Owner: Alexander Cozzolino, 143 Kelly Avenue, Half Moon Bay, CA 94019 3. Project Address: 7175 El Camino Real, Atascadero, CA 93422 APN 030-081-022 4. General Plan Designation: General Commercial (GC) 5. Zoning District: Commercial Retail (CR) ITEM NUMBER: 2 DATE: 5-7-13 6. Site Area: 1.9 acres 7. Existing Use: Vacant (previously Designer Clothing Outlet & Tool Outlet) 8. Environmental Status: Section 15301 Categorical Exemption: Existing Facilities DISCUSSION: Surrounding Land Use and Setting: North: Commercial-Retail (CR) & Downtown Commercial (DC) South: Commercial-Retail (CR) East: Residential Multi-Family-20 (RMF-20) West: Commercial-Retail (CR) & HWY 101 Background The existing 15,000 square foot retail space at 7175 El Camino Real is located in the Vons Shopping Center. The space was previously occupied by Outlet Tool Supply until 2012, and then was filled by Designer’s Outlet Clothing Store for approximately 6 months. The building is currently vacant. ANALYSIS: The proposed project consists of an application for a Minor Cond itional Use Permit (CUP) to allow the existing 15,000 square foot vacant building to be converted to a gym/fitness center. “Indoor Recreation” is identified as a conditional use in the Commercial Retail (CR) zone, and therefore, requires Planning Commission approval prior to issuing a building permit or business license for the use. The proposed facility would include the following components:  large open area for fitness equipment  room for group fitness classes  child care room  men’s and women’s locker rooms with restrooms  tanning rooms Major interior tenant improvements would be completed in order to change the occupancy and convert the existing retail space to a gym. A conceptual floor plan has been provided by the applicant for general planning reference and land use purposes for the CUP. However, room sizes, bathrooms and exiting will be plan checked by the Building Department during the Tenant Improvements permit process, and specific locations and sizes may change based on Building Code requirements Conceptual Floor Plan for Land Use Purposes Only **room sizes, bathrooms and exiting may change based on building code requirements Parking The Vons and Rite Aid Shopping Center was originally created with individual lots each under separate ownership. Each lot was originally designed with individual access driveways and separately owned parking area s. The property owner of the subject site at 7175 El Camino Real has stated that there is an existing parking agreement among the owners in the southern portion of the center which allows shared parking within the Vons property, the Union Bank site, and the Cozzolino properties, which consist of Nuevo Mexico, Central Coast Pizza, the proposed gym, and the adjacent vacant restaurant space (previously Cal Terra). There are approximately 256 parking spaces in the front parking lot and 32 spaces behind buildings on these properties. Parking requirements for each use are included as Attachment 4 of this staff report. Group Fitness 1,350 sq. ft. Membership Reception Fitness area office tanning Daycare area Men’s lockers & restroom Women’s lockers & restroom With construction of the new Rite Aid, Carls Jr. and Lube and Go, plus recent remodeling and new tenants, the north end of the shopping center has reached its maximum build out. The existing uses on the north end of the center meet the minimum parking requirements per City ordinances, however, the parking now fills up quickly and it can now be more difficult to find a parking space in this busy shopping center. Section 9-4.118 of the City’s Zoning Ordinance identifies required parking ratios for different uses. Per the Ordinance, retail uses and health clubs are identified as having the same parking requirement, with both uses requiring 1 parking space per 300 square feet of floor area. Therefore, the proposed gym would not require any additional parking than was previously provided for the retail store in this location. The additional designated parking behind Vons on the subject property is currently unused, and co uld provide additional parking if the new gym generates more parking demand than the previous retail uses. Staff has included a condition in the attached resolution which states that existing parking behind the building shall be clearly marked (restriped) and lighting will be provided to ensure adequate safety in order to provide an overflow parking area. Site Plan: Vons & Rite Aid Shopping Center Southern portion of shopping center has shared parking agreement Existing parking to be clearly marked and safe lighting levels provided Signage There is not currently a sign program in place for most of the Vons Shopping Center, so the subject building has previously been allowed to have up to a forty (40) sq. ft. wall sign per standard Sign Ordinance allowance identified in the Atascadero Municipal Code. Exceptions to the Sign Ordinance may be permitted per AMC Section 9-15.006 through special use permit (AUP or CUP process). The applicant is currently proposing a 60 sq. ft. wall sign on the front of the building in the same location as the previous Designers Outlet and Tool Outlet signs. Given the size of the building, staff believes that a 60 sq. ft. sign would be appropriately scaled for this façade. No other exterior building changes are proposed by the applicant. Photo of Front of Building General Plan Consistency 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.” Conditional Use Permit Findings 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 five findings in order to approve a CUP for an indoor recreation use within the commercial retail zone: 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 indoor recreation use at this location 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 Land Use Program 1.1.7. The building is located in an existing shopping center where no exterior building design changes are proposed. The proposed 60 sq. ft. sign is compatible with the scale of the building. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the project satisfies the special use permit provisions for of Atascadero Municipal Code. The existing parking is adequate to serve the proposed use. 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 indoor recreation use 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 gym would fill a vacant space located in an existing retail shopping center. The change of use will help to bring people to the shopping center where they will be able to find a variety of goods and services in one location. 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 accorda nce 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. ENVIRONMENTAL DETERMINATION: The proposed project qualifies for a Class 1 categorical exemption for the operation, permitting, leasing or minor alteration of existing facility. No new buildings or additional structures are proposed with the Conditional Use Permit. CONCLUSION: The applicant has submitted a CUP to allow a gym (indoor recreation use) in a Commercial Retail (CR) zone. A 60 square foot wall sign is proposed on the front of the building, which can be allowed through the Conditional Use Permit process. If approved by Planning Commission, the Conditional Use Permit will add indoor recreation to the permitted uses for this property. Any of the uses which are already allowed in the zone (such as a retail store or restaurant) would still be allowed to move in and operate if the gym were to ever stop operating at this location. Based on the above analysis and incorporated conditions, staff believes that the findings for approval of the CUP 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: Letter from Applicant Attachment 4: Parking Requirements & Site Map Attachment 5: Draft Resolution PC 2013-0013 ATTACHMENT 1: Location Map, General Plan and Zoning Zoning: Commercial Retail (CR) General Plan Designation: General Commercial (GC) Project Site 7175 El Camino Real ATTACHMENT 2: Aerial Photo Project Site 7175 El Camino Real ATTACHMENT 3: Letter from Applicant ATTACHMENT 4: Parking requirements Total parking under shared parking agreement for the business in the southern portion of the Vons shopping center:  Approximately 256 parking spaces in front parking lot  Approximately 32 spaces behind buildings Starbucks & new retail space Under ownership by Alexander Cozzolino Vons property Union Bank Property Southern portion of shopping center has shared parking agreement Parking Requirements identified by Atascadero Municipal Code: Business Use Type AMC Parking Required Neuvo Mexico Eating and Drinking Places: Customer Spaces: 1 per table 1 per 2 counter stools Employee Spaces: 1 per 6 tables 1 per 100 s.f. kitchen Central Coast Pizza Eating and Drinking Places 1 per table 1 per 2 counter stools 1 per 6 tables 1 per 100 s.f. kitchen Vons Food and beverage retail sales 1 per 200 s.f. of floor area 1 per checkstand Union Bank Financial services service 5 per teller window 3 per desk Old Starbucks (vacant) Eating and Drinking Places 1 per table 1 per 2 counter stools 1 per 6 tables 1 per 100 s.f. of kitchen Gym Health Spa / Gym 1 per 300 s.f. of floor area Vacant restaurant (previously Cal Terra) Eating and Drinking Places 1 per table 1 per 2 counter stools 1 per 6 tables 1 per 100 s.f. kitchen (d) Bicycle Spaces. Lots with twenty (20) or more spaces may substitute a bicycle rack providing space for at least five (5) bicycles at a ratio of one (1) bicycle rack for each twenty (20) spaces. It is recommended that all shopping centers provide some bicycle spaces in the project. (f) Shared On-site Parking Adjustment. Where two or more nonresidential uses are on a single site, the number of parking spaces may be reduced through adjustment (Section 9 -1.112) at a rate of five (5) percent for each separate use, up to a maximum of twenty percent (20%); as long as the total number of spaces is not less than required for the use requiring the largest number of spaces. (g) Shared Peak-Hour Parking. In addition to the reduction of required parking allowed by subsection (f) of this section, where two (2) or more uses have distinct and differing peak traffic usage periods (for example, a theater and a bank), the required number of parking spaces may be reduced through conditional use permit approval, provided that the parking lots of each use are located within three hundred (300) feet of each other (as measured along the most direct pedestrian path). The amount of reduction may be up to seventy-five percent (75%) of the amount of spaces required for the most intensive of the two (2) or more uses sharing the parking. ATTACHMENT 5: Draft Resolution PC 2013-0013 DRAFT RESOLUTION PC 2013-0013 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2013-0267 TO ALLOW AN INDOOR RECREATION USE (GYM) IN THE COMMERCIAL RETAIL ZONE AT APN 030-081-022 (7175 El Camino Real / Pro Athletix / Cozzolino) WHEREAS, an application has been received from Applicant, Pro Athletix, Matt Holguin & Josh Donovan, (14480 San Antonio Road, Atascadero, CA 93422) and Property Owner, Alexander Cozzolino (143 Kelly Avenue, Half Moon Bay, CA 94019) to consider a Conditional Use Permit (CUP 2013-0267) to establish an indoor recreation use (gym/fitness center) at 7175 El Camino Real; 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 an indoor recreation use within the Commercial Retail (CR) 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 At ascadero, at a duly noticed Public Hearing held on May 7, 2013, studied and considered the Conditional Use Permit 2013- 0267, 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, 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; 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 May 7, 2012 resolved to approve the Minor Conditional Use Permit 2013- 0267 subject to the following: EXHIBIT A: Categorical Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Conceptual Floor Plan EXHIBIT D: 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 David Bentz Attest: ______________________________ Warren M. Frace Planning Commission Secretary EXHIBIT A: Categorical Exemption PLN 2013-1456/ Conditional Use Permit 2013-0267 EXHIBIT B: Conditions of Approval PLN 2013-1456/ Conditional Use Permit 2013-0267 Conditions of Approval PLN 2013-1456/ Conditional Use Permit 2013-0267 7175 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 2013-0267shall be for a gym / fitness center as generally described in attached Exhibit C and D located on parcel 030- 081-022 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 PS, CE 4. A conceptual floor plan (Exhibit C) has been provided by the applicant for general planning reference and land use purposes only. The interior tenant improvement plans shall conform to Building Code requirements for room sizes, restrooms, exiting, path of travel, etc. Modifications to the conceptual floor plan shown in Exhibit C may be required to meet Building Codes. Modifications shall not be limited to the 10% staff modification allowance discussed in Condition #3 above. Inclusion of the conceptual floor plan with this conditional use permit does not provide relief from standard Building Codes in place at the time of submittal of tenant improvement permits for the change of occupancy. A Building permit shall be obtained prior to beginning any demolition or construction work on site BP BS 5. 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 PS 6. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. Ongoing CA Conditions of Approval PLN 2013-1456/ Conditional Use Permit 2013-0267 7175 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. A wall sign up to sixty (60) sq. ft. in size may be permitted on the front of the building. All other standard provides of the Sign Ordinance shall apply. A building permit shall be obtained prior to installation of the sign. BP PS 8. The existing parking areas behind the building on the subject lot shall be clearly marked (restriped) and safe lighting levels provided to enable use of these existing parking areas for employees or customers. A building permit shall be obtained for any new light fixtures or electrical work prior to installation to insure compliance with building and zoning codes. BP final PS / BS / FD 9. Parking shall be provided at a ratio of 1 space per 300 sq. ft. of floor area, per the requirements of the Atascadero Municipal Code. Ongoing PS 10. Any of the uses which are already allowed in the zone (such as a retail store or restaurant) would still be allowed to move in and operate if the gym were to ever stop operating at this location. Ongoing PS 11. Designated trash storage shall be provided in a screened location behind the building Ongoing PS EXHIBIT C: Conceptual Floor Plan PLN 2013-1456/ Conditional Use Permit 2013-0267 For Planning reference and land use purposes only. Floor plan to meet provisions of building code for exiting, restrooms, room sizes and accessible path prior to issuance of building permit. EXHIBIT D: Site Plan PLN 2013-1456/ Conditional Use Permit 2013-0267 Existing parking behind building to be clearly marked and safe lighting levels provided