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HomeMy WebLinkAboutPC_2013-07-16_AgendaPacket http://www.facebook.com/planningatascadero @atownplanning CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, July 16, 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 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 JUNE 18, 2013. City of Atascadero Planning Commission Agenda Regular Meeting, July 16, 2013 Page 2 of 4 http://www.facebook.com/planningatascadero @atownplanning 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 2013-1467 / CONDITIONAL USE PERMIT 2013-0269 , 3530 EL CAMINO REAL Property Owner: Alan Cohee, PO Box 2922, Paso Robles, CA 93447 Applicant: Howard Rittenhouse, PO Box 1446, Templeton, CA 93465 Project Title: PLN 2013-1467 / CUP 2013-0269 Project Location: 3530 El Camino Real, Atascadero, CA 93422 APN 049-213-003 (San Luis Obispo County) Project Description: The application consists of a request for a Conditional Use Permit for a tattoo establishment within a commercial retail (CR) zone. Tattoo establishments are considered a conditional use under the personal services-restricted definition within the CR zone. General Plan Designation: General Commercial (GC) Zoning: Commercial Retail (CR) Proposed Environmental Determination: CEQA Class 1 – Existing Facilities Exemption. This exemption is utilized for existing facilities. Staff Recommendation: Staff recommends approval of PLN 2013-1467 / CUP 2013-0269 to establish a personal service-restricted tattoo business within the Commercial Retail (CR) zone. City of Atascadero Planning Commission Agenda Regular Meeting, July 16, 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 August 6, 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, July 16, 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 Commissi on. 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 Co mmission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the 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 pr ojector 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 6/18/13 Page 1 of 5 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, June 18, 2013 – 7:00 P.M. City Hall Council Chambers 6907 El Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Vice Chairperson Schmidt called the meeting to order at 7:00 p.m. and Commissioner Dariz led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Colamarino, Dariz, and Vice Chairperson Schmidt Absent: Commissioners Cooper, Wolff, and Chairperson Bentz (excused absences) Others Present: Recording Secretary Annette Manier Lisa Wise, Housing Consultant Staff Present: Community Development Director, Warren Frace Public Works Director Russ Thompson Assistant Planner Alfredo Castillo APPROVAL OF AGENDA MOTION: By Commissioner Colamarino and seconded by Commissioner Anderson to approve the agenda. Motion passed 4:0 by a roll-call vote. ITEM NUMBER: 1 DATE: 7-16-13 PC Draft Action Minutes of 6/18/13 Page 2 of 5 PUBLIC COMMENT The following people spoke during public comment: Sharon Turner in regards to a tree removal and fees. Director Frace stated he would meet with Ms. Turner to see if there is anything the City can do for her, and stated that only City Council can waive fees. Vice Chairperson Schmidt closed the Public Comment period. PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 4, 2013. MOTION: By Commissioner Colamarino and seconded by Commissioner Dariz to approve the consent calendar. Motion passed 4:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. LA PLAZA DOWNTOWN RETAIL CENTER PLN 2013-1466 / CONDITIONAL USE PERMIT 2013-0268 / ROAD ABANDONMENT 2013-0020 , 6320-6500 EL CAMINO REAL (BEN HOFF LLC) Property Owner/Applicant: Ben Hoff LLC. / Tim Alvord, 2122 Lothar Lane, Templeton, CA 93465 Project Title: PLN 2013-1466 / CUP 2013-0268 La Plaza Center Conditional Use Permit and Road Abandonment Project Location: 6320-6500 El Camino Real, Atascadero, CA 93422 APN 030-193-003; 030-191-016, 017, 030-191-030; 031 (San Luis Obispo County) Project Description: The application consists of a request for a Conditional Use Permit for three retail commercial buildings on a 1.5 acre site at 6500 El Camino Real. The project includes three, two-story retail buildings, a surface parking lot, continuation of an existing cell tower facility, a height exception of the building, a tree removal permit, a road PC Draft Action Minutes of 6/18/13 Page 3 of 5 DISCLOSURE OF EX PARTE COMMUNICATIONS:  Commissioner Dariz stated he was on the Design Review Committee (DRC) when the project was heard.  Vice Chairperson Schmidt said he had a conversation with Larry Wysong in regards to how the DRC meeting went.  Commissioner Anderson addressed this project in the DRC meeting. Director Frace gave the staff report, explained that this project went before the Design Review Committee (DRC) on June 12, 2013. Director Frace and Public Works Director Thompson answered questions from the Commission. The following person spoke during public comment: Larry Wysong who discussed the project and answered questions from the Commission. Steve Rigor representing Thom Jess (architecture firm) said he was available for questions. Vice Chairperson Schmidt closed the Public Comment period. MOTION: By Commissioner Colamarino and seconded by Commissioner Dariz to approve PC Resolution 2013-0019 recommending the City Council approve PLN 2013-1466/CUP 2013-0268 to allow a 26,500+ square foot buildings containing retail space and sit down restaurant space and 2nd story office uses with a height waiver exception request and a tree removal permit at 6322- 6500 El Camino Real subject to Conditions of Approval. Motion passed 4:0 by a roll-call vote. MOTION: By Colamarino and seconded by Commissioner Dariz recommending the City Council approve Road Abandonment 2013-0020 to summarily vacate portions of El Camino Real and abandonment and a sign ordinance exception for a freeway pole sign. General Plan Designation: Downtown Zoning: Downtown Commercial Proposed Environmental Determination: Class 32 – Infill Development Project categorical exemption. The project is the replacing of existing and destroyed commercial retail building with new commercial retail buildings in an urbanized, downtown location. There will be no significant new impacts to traffic, air quality, water quality, or noise as a result of the project and therefore, qualifies for a Class 32 exemption. Staff Recommendation: Staff recommends approval of the Conditional Use Permit and Road Abandonment subject to conditions of approval. PC Draft Action Minutes of 6/18/13 Page 4 of 5 Atascadero Mall pursuant to Section 8331 of the California Streets and Highways Code subject to Conditions of Approval. Motion passed 4:0 by a roll-call vote. 3. HOUSING ELEMENT IMPLEMENTATION: CODE & POLICY UPDATES PLN 2011-1417 / ZCH 2011-0163 (Citywide) Assistant Planner Castillo gave a brief overview about the staff report and introduced Lisa Wise, Housing Consultant and stated that Ms. Wise would be joining staff in making the presentation tonight. Lisa Wise and Assistant Planner Castillo made a Property Owner/Applicant: City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422 Project Title: PLN 2011-1417 / ZCH 2011-0163 Project Location: Citywide, Atascadero, CA 93422, (San Luis Obispo County) Project Description: Proposed Zoning Ordinance Text Amendments to portions of Title 9 Planning and Zoning. The proposed text amendments consist of both revisions to existing ordinances and introduction of new ordinances to implement the City’s adopted Housing Element and implement common sense reform to the City residential portion of the Zoning Ordinance. The following is a summary of the proposed text amendments:  Amend the City’s Density Bonus Law, for consistency with State Requirements.  Amend Commercial Retail (CR), Commercial Professional and Commercial Neighborhood (CN) to allow vertical residential multi-family uses on 2nd floors and above as conditional uses; and the ability to establish a horizontal mixed - use subject to a Planned Development and General Plan Amendment.  Amend the Residential Multi-Family-10 (RMF-10) zone to establish a minimum density requirement, similar to the RMF-20 zone and amended text in the RMF density for clarification.  Establish an ordinance to provide reasonable accommodations to afford disabled persons equal accessing to residential units.  Establish an ordinance that allow for the development of Single Room Occupancy (SRO) units.  Establish an ordinance to comply with SB-2, permitting an emergency shelter in a site specific location (APN 030-341-013) as well as define transitional and supportive housing in residential zones.  Modify land use descriptions, permitted uses, conditionally permitted uses, and zoning ordinance definitions for code consistency and simplifi cation of the City’s Residential Zoning Ordinance. Proposed Environmental Determination: Exempt from CEQA (Section 15061.(3) Review for Exemption; not a project) Staff Recommendation: Staff recommends that the Planning Commission adopt Resolution PC 2013-0015, recommending that the City Council introduce an ordinance for first reading, by title only, to approve PLN 2011-1417 (Zone Text Change ZCH 2011-0163) based on findings. PC Draft Action Minutes of 6/18/13 Page 5 of 5 presentation to the Commission. Director Frace and Assistant Planner Castillo answered questions from the Commission. The following person spoke during public comment: Pearl Munak, John Sanders, and Dan Ulrich. Chairperson Bentz closed the Public Comment period. MOTION: By Commissioner Colamarino and seconded by Commissioner Anderson recommending that the Planning Commission recommend approval to the City Council that they amend the Atascadero Zoning Ordinance by approving Zone Text Change PLN 2011-1417/ZCH 2011-0163. Motion passed 4:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None DIRECTORS REPORT  Director Frace gave an update on items coming up for the next Council meeting as well as future items that will be coming before the Planning Commission.  The next Planning Commission meeting will be held on Ju ly 16, 2013, and the Commission will hear a minor Conditional Use Permit.  There will be a DRC meeting next week.  Director Frace gave an update on Springhill Suites and Walmart.  Director Frace gave an update on the move from the current City Hall to the Historic City Hall. He will keep the Commission updated on how this will affect the meeting schedule.  Director Frace answered questions from Commissioner Colamarino in regards to the sale of the current City Hall building and will follow-up on questions about the SLOCOG bicycle-transportation corridor grant. ADJOURNMENT - 9:06 p.m. The next regular meeting of the Planning Commission is scheduled for July 16, 2013, at 7:00 p.m. at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary September 2, 2003 Page 1 of 20 Atascadero Planning Commission Staff Report - Community Development Department Alfredo Castillo AICP, Assistant Planner, 470-3436, acastillo@atascadero.org Nicholas J. Wong, Planning Intern, 470-3446, nwong@atascadero.org  PLN 2013-1467 Conditional Use Permit 2013-0269 Personal Services-Restricted Tattoo Business in Commercial Retail Zone 3530 El Camino Real (Rittenhouse/Cohee) SUBJECT: The proposed project consists of an application to create a tattoo establishment within a Commercial Retail (CR) in an existing 1,002 square foot building located in the Colony Business Park. Personal Services/Restricted is a conditionally allowed use in the Commercial Retail zone. RECOMMENDATION: Staff Recommends: The Planning Commission adopts Resolution PC 2013-0021 approving Conditional Use Permit 2013-0269 to allow tattoo business at 3530 El Camino Real based on findings and subject to Conditions of Approval. Situation and Facts 1. Applicant: Howard Rittenhouse, PO Box 2922, Paso Robles, CA 93447 2. Property Owner: Alan Cohee, PO Box 1449, Templeton, CA 93465 3. Project Address: 3530 El Camino Real, Atascadero, CA 93422 049-213-003 4. General Plan Designation: General Commercial (GC) 5. Zoning District: Commercial Retail (CR) ITEM NUMBER: 2 DATE: 7-16-13 6. Site Area: 1.594 acres 7. Existing Use: Vacant 8. Environmental Status: Section 15301 Categorical Exemption: Existing Facilities DISCUSSION: Surrounding Land Use and Setting: North: Residential Single Family (RSF-Y) South: Residential Suburban (RS) East: Commercial-Retail (CR) West: Commercial-Retail (CR) & HWY 101 Project Site 3530 El Camino Real Background The existing 1,002 square foot retail space at 3530 El Camino Real is located in the Colony Business Park. The space was previously occupied by Kevin Kennedy used as a child care center. The building is currently vacant. ANALYSIS: The proposed project consists of an application for a Minor Cond itional Use Permit (CUP) to allow vacant building to be converted to a personal services-restriction: tattoo establishment. “Personal Services- Restricted” is identified as a conditional use in the Commercial Retail (CR) zone, and therefore, requires Planning Commission approval prior to issuance of building permit or business license. There are a total of 3 tattoo shops in the City. The Atascadero Police Department has no record of any violent crimes associated with the three tattoo shops. The nearest tattoo shop to 3530 El Camino Real is Aesthetic Ink at 6125 San Anselmo Rd. The map below marks the surrounding tattoo establishments. The star marks the relocation of Rittenhouse’s tattoo establishment. The circles mark the existing tattoo establishment. The relocation would not over saturate area. Location Map of Surrounding Tattoo Establishments The proposed floor plans use includes:  Art gallery that is large open area also as a waiting room;  three tattoo station rooms;  public bathroom;  cleaning room;  private kitchen. Tenant improvements are required to change the occupancy and convert the existing retail space. A conceptual floor plan has been provided by the applicant for reference. 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 Colony Business Park provides approximately 104 parking spaces. Section 9-4.118 of the Atascadero Municipal Code (AMC) identifies required parking ratios for different uses. Per the AMC, personal services- restricted require 1 parking space per 500 square feet of floor area. The proposed tattoo establishment would not require additional parking. Parking Overview Tattoo Establishment Signage The Colony Business Park does not have any master signage program. The applicant has not proposed any signage at this time. Signage will be required to be consistent with surrounding business and municipal code. 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 opp ortunity 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 personal services 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. 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 personal services 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 inconsisten t with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed tattoo parlor would fill a vacant space located in an existing retail center. The change of use will bring customers to the center. 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 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 tattoo parlor (personal services- restricted) in a Commercial Retail (CR) zone. If approved by Planning Commission, the Conditional Use Permit will add personal services-restricted, as a 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 tattoo parlor 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: Letter from Applicant Attachment 3: Draft Resolution PC 2013-0021 ATTACHMENT 1: Location Map, General Plan and Zoning Zoning: Commercial Retail (CR) General Plan Designation: General Commercial (GC) Project Site 3530 El Camino Real ATTACHMENT 2: Letter from Applicant ATTACHMENT 3: Draft Resolution PC 2013-0021 DRAFT RESOLUTION PC 2013-0021 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2013- 1467/CONDITIONAL USE PERMIT 2013-0269 TO ALLOW AN PERSONAL SERVICES (TATTOO SHOP) IN THE COMMERCIAL RETAIL ZONE AT APN 049-213-003 (3530 EL CAMINO REAL / Rittenhouse/ Cohee) WHEREAS, an application has been received from Applicant, Cherry Blossom Tattoo, Howard Rittenhouse, (PO Box 1446, Templeton, CA 93465) and Property Owner, Alan Cohee (143 PO Box 2922, Paso Robles, CA 93447) to consider a Conditional Use Permit (CUP 2013- 0269) to establish a personal services- restricted at 3530 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 a personal services 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 Atascadero, at a duly noticed Public Hearing held on July 16, 2013, studied and considered the Conditional Use Permit 2013- 0269, 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 July 16, 2013 resolved to approve the Minor Conditional Use Permit 2013- 0269 subject to the following: EXHIBIT A: Categorical Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Aerial Photo of Location 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 2013-1467/ Conditional Use Permit 2013-0269 EXHIBIT B: Conditions of Approval PLN 2013-1467/ Conditional Use Permit 2013-0269 Conditions of Approval PLN 2013-1467/ Conditional Use Permit 2013-0269 3530 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 2013-0269 shall be for a tattoo establishment as generally described in attached Exhibit C located on parcel 049- 213-003 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. 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 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. Parking shall be provided at a ratio of 1 space per 500 sq. ft. of floor area, per the requirements of the Atascadero Municipal Code. Ongoing PS 7. 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 tattoo establishment were to ever stop operating at this location. Ongoing PS 8. Any proposed project signage shall be consistent with surrounding business within the center. BP PS 9. All employees shall be required to obtain a business license with the City for all tattoo artists. BL PS EXHIBIT C: Aerial Photo of Location PLN 2013-1467/ Conditional Use Permit 2013-0269 Site Location