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HomeMy WebLinkAboutPC_2012-02-07_AgendaPacket http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, February 7, 2012 – 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 Ward Commissioner Colamarino Commissioner Cooper Commissioner Dariz Commissioner Schmidt Commissioner Wingett 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 1. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON 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.) 2. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 17, 2012. City of Atascadero Planning Commission Agenda Regular Meeting, February 7, 2012 Page 2 of 3 http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 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).) 3. PLN 2011-1421, CONDITIONAL USE PERMIT FOR 9005 EL CAMINO REAL Property Owner: Wilma Peterson, PO Box 55, Atascadero, CA 93423 Applicant: Greg Jespersen, 9005 El Camino Real, Atascadero, CA 93422 Project Title: PLN 2011-1421 / Conditional Use Permit 2011-0257 Project Location: 9005 El Camino Real, Atascadero, CA 93422 APN 030-502-032 , 030-502-033, 030-502-034 (San Luis Obispo County) Project Description: The proposed project consists of an application for a Minor Conditional Use Permit to allow for an auto repair and vehicle storage use. The proposed use includes conversion of an existing 4,155 square foot (sf) welding shop into a 1,755 sf tire repair area and a 2,400 sf auto repair area. Accessory storage uses include an existing 1,536 s f accessory storage building and an additional proposed 320 sf storage area for used tires. On-site vehicle storage is proposed on a portion of the site. The site is approximately 0.9 acres in size on three (3) parcels. Zoning: CR (Commercial Retail) General Plan Designation: GC (General Commercial) Proposed Environmental Determination: The project qualifies for a Class 1 Categorical Exemption (Section 15301) for minor alteration to existing facilities. COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for February 21, 2012, 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, February 7, 2012 Page 3 of 3 http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 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 a nd 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 i n 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. ITEM NUMBER: 1 DATE: 2-7-12 CITY OF ATASCADERO PLANNING COMMISSION THE COMMISSION WILL ELECT A NEW CHAIRPERSON AND VICE CHAIRPERSON PC Draft Action Minutes of 1/17/12 Page 1 of 3 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, January 17, 2012 – 7:00 P.M. City Hall Council Chambers 6907 El Camino Real, Atascadero, California CALL TO ORDER - 7:03 p.m. Chairperson Bentz called the meeting to order at 7:03 p.m. and Commissioner Wingett led the Pledge of Allegiance. ROLL CALL Present: Commissioners Colamarino, Cooper, Dariz, Schmidt, Wingett, Vice Chairperson Ward, and Chairperson Bentz Absent: None Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace and Assistant Planner Alfredo Castillo APPROVAL OF AGENDA MOTION: By Vice Chairperson Ward and seconded by Commissioner Colamarino to approve the agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None ITEM NUMBER: 2 DATE: 2-7-12 PC Draft Action Minutes of 1/17/12 Page 2 of 3 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE PLANNING COMMISSION MEETING ON DECEMBER 6, 2011. 2. APPROVAL OF REVISED 2012 PLANNING COMMISSION MEETING SCHEDULE. MOTION: By Vice Chairperson Ward and seconded by Commissioner Colamarino to approve the Consent Calendar. Motion passed 7:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 3. PLN 2011-1426 / TREE REMOVAL PERMIT FOR 7600 EL CAMINO REAL Property Owner: New West Center LLC, 3015 Willow Creek Road, Paso Robles, CA 93446 Applicant: Ron Fields, 7600 El Camino Real, Atascadero, CA 93422 Certified Arborist: Jack Brazeal, 4531 Skipjack Ln., Paso Robles, CA 93446 Project Title: PLN 2011-1426 / Tree Removal Permit 2011-0152 Project Location: 7600 El Camino Real, Atascadero, CA 93422 (Tree located in center of strip mall) (San Luis Obispo County) APN 030-241-053 Project Description: The applicant has requested the removal of a 31-inch Valley Oak tree that is deemed hazardous at 7600 El Camino Real #10. The tree is growing into the existing building and roots are causing damage to the driveway. General Plan Designation: General Commercial (GC) Zoning District: Commercial Park (CP) DISCLOSURE OF EX PARTE COMMUNICATIONS:  None Assistant Planner Castillo gave the staff report and answered questions from the Commission. PC Draft Action Minutes of 1/17/12 Page 3 of 3 PUBLIC COMMENT The following person spoke during public comment: Ron Fields. Chairperson Bentz closed the Public Comment period. MOTION: By Commissioner Colamarino and seconded by Vice Chairperson Ward to approve PC Resolution 2012-0001, approving PLN 2011-1426 / TRP 2011-0152 to allow the removal of one (1) hazardous Valley Oak totaling 31 inches dbh located at 7600 El Camino Real subject to conditions of approval and mitigation. Motion passed 7:0 by a roll-call vote. PUBLIC HEARINGS NONE COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt inquired about a tree removal at Santa Lucia Bank. Director Frace answered his questions. DIRECTORS REPORT  Director Frace announced that at the next meeting, scheduled for Februrary 7, 2012, elections for Chair and Vice Chairperson will be held.  Director Frace gave an update on the Eagle Ranch project. The meeting tentatively scheduled for January 24th has now been delayed until February 28th for a joint session with Planning Commission and City Council.  Director Frace gave an update on the RDA dissolving. ADJOURNMENT - 7:31 p.m. The next regular meeting of the Planning Commission is scheduled for February 7, 2012, at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. MINUTES PREPARD BY: _______________________________ Annette Manier, Recording Secretary \\cityhall\cdvlpmnt\~ pc agendas\~ pc minutes\pc minutes 12\pc draft actn minutes 1 17 12.am.docx September 2, 2003 Page 1 of 20 Atascadero Planning Commission Staff Report - Community Development Department Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org PLN 2011-1421 Minor Conditional Use Permit 2011-0257 Auto Repair & Vehicle Storage Use In a Commercial Retail Zone 9005 El Camino Real (Jespersen / Peterson) SUBJECT: The proposed project consists of an application for a Minor Conditional Use Permit to allow for an auto repair and vehicle storage use. The proposed uses includes conversion of an existing 4,155 square foot (sf) welding shop into a 1,755 sf tire repair area and a 2,400 sf auto repair area. Accessory storage uses in clude an existing 1,536 sf accessory storage building and an additional proposed 320 sf storage area for used tires. On-site vehicle storage is proposed on a portion of the site. The site is approximately 0.9 acres in size on three (3) parcels. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2012-0002 approving Minor Conditional Use Permit 2011-0257 based on findings and subject to Conditions of Approval. Situation and Facts 1. Applicant: Greg Jespersen, 9005 El Camino Real, Atascadero, CA 93422 2. Property Owner: Wilma Peterson, PO Box 55, Atascadero, CA 93423 3. Project Address: 9005 El Camino Real, Atascadero, CA 93422 APN 030-502-033, 030-502-032,030-502-034 ITEM NUMBER: 3 DATE: 2-7-12 4. General Plan Designation: General Commercial (GC) 5. Zoning District: Commercial Retail (CR) 6. Site Area: 0.89 acres 7. Existing Use: Vacant (welding/construction previous) 8. Environmental Status: Section 1501 Categorical Exemption: Existing Facilities DISCUSSION: Background The original structure was built in 1951 and served as a part of a construction company operation and repair facility. An addition to the structure was complete in 1959 that added the existing office and lobby. There is no record of the addition , but it is assumed to be added prior to the County requiring issuance of building permits. An additional accessory storage building is also on site. This building and site served as Peterson Welding until recently. Due to the historic use of the building as a weldi ng shop and other light industrial repair, the building and the proposed use would be an orderly transition to an auto repair and tire repair facility. Surrounding Land Use and Setting: North: Commercial-Retail (CR) South: Commercial-Retail (CR) East: Commercial-Retail (CR) West: Commercial Services (CS) Aerial Photo ANALYSIS: The proposed project consists of an application for a Minor Conditional Use Permit to allow for an auto repair and vehicle storage use. The proposed uses includes conversion of an existing 4,155 square foot (sf) welding shop into a 1,755 sf tire repair area and a 2,400 sf auto repair area. Accessory storage uses include an existing 1,536 sf accessory storage building and an additional proposed 320 sf storage area for used tires. On-site vehicle storage is proposed on a portion of the site. The Atascadero Municipal Code (AMC) Section 9-3.232 (i) states that an automotive repair and services is a conditionally allowed use within the Commercial Retail (CR) zone. In addition, the AMC contains additional code sections that both automotive repair and storage yards must meet. 9-6.168 Auto Repair and Services This section applies to all auto repair and service activities defined as allowable in the commercial and industrial zones. (a) Repair and Services Other Than Self-service Washing. (1) Enclosure Required. All repair and service activities and the temporary storage of vehicles while waiting for repair, service or bodywork shall be conducted within a building, or within a yard enclosed by a six (6) foot high solid fence, such that storage or repair activities are not visible from the public street. Project Site 9005 El Camino Real 9-6.140 Storage Yards Outdoor storage yards, excluding the storage of vehicles in a day use parking lot or garage, are subject to the provisions of this section. The storage of vehicles in a public or commercial parking lot or garage is subject to Section 9-4.114; the storage of wrecked, abandoned or vehicles being dismantled, is subject to Section 9-6.131, in addition to this section. (a) Site Design Standards. (1) Access. There shall be only one (1) access point to a storage yard for each three hundred (300) feet of street frontage. Such access point is to be a maximum width of twenty (20) feet and shall be provided with a solid gate or door. (2) Screening. A storage yard, except a temporary offsite construction yard, is to be screened from public view on all sides by solid wood, painted metal or masonry fencing, with a minimum height of six (6) feet. All required screening shall be continuously maintained in good condition to assure that its intended purpose is accomplished. (4) Site Surfacing. A storage yard shall be surfaced with concrete, asphalt paving, crushed rock, or oiled earth, and be maintained in a dust-free condition. Staff has worked with the applicant in ensuring the proposed project meets City standards for both automotive repair and on-site vehicle storage. Existing Site Conditions The site is approximately 0.89 acres and is bounded by La Linia Avenue, El Camino Real and the “Karz Now” use auto dealership. The site contains two buildings: the vacant welding shop and an accessory storage building (locate on APN 030-502-034). The rear of the site consists of loose gravel and dirt. The vacant area is located on APN 030-052-032. Proposed Outdoor Storage Area The vacant building is primarily paved in the front of the lot adjacent to El Camino Real. This area was previously used for parking for customers of the welding shop. There is existing fencing around portions of the site. DESIGN REVIEW COMMITTEE REVIEW: The Design Review Committee (DRC) met on November 10, 2011, to discuss the project. The Design Review Committee made the following recommendations:  Provide the minimum number of parking spaces required by code in either the front or rear of the property.  Provide landscaping on the frontages of El Camino Real and La Linia Avenue.  Work with staff on a revised tire storage plan.  Provide vinyl slates for chain link fence along all visible public frontages  Provide details for trash enclosures  Provide a dust free base for rear access and storage area  Repaint the building in an earth tone type color  Signage plan that included size, type, color, and materials. The DRC was in support of this project. The applicant has addressed all the items that the DRC requested in their recommendation of approval to the Planning Commission. Existing Facade Proposed Architectural and Interior Changes The applicant is proposing minor modifications to the building and interior. Those modifications including the following:  Repainting of the exterior of the primary structure and accessory building  New building signage  Interior remodel to accommodate new automotive lifts and ADA accessible bathrooms The proposed building façade improvements will consist of painting the exterior of the building with earth tone colors. Walls, storage building, and trash enclosures will feature a dark brown color while eaves, awnings and doors are proposed to be painted with a lighter, eggshell-type color to provide a contrast. In addition to painting, a new painted wall sign is proposed facing El Camino Real. These modifications are consistent with the DRC recommendation of approval. Interior changes to the building include installation of a new bathroom and the installation of two new auto repair lifts at the rear of the lot. The existing accessory storage building will remain at the same location and will continue to be used for on -site storage. Proposed Site Improvements The applicant is proposing minor site improvements for consistency with the City’s Municipal Code. Those modifications including the following:  Additional parking at the rear of the site for consistency with City’s parking requirements  Additional vinyl slat fencing to block views of the storage yard from public right- of-way  New trash enclosures Proposed Color with Wall Sign  Additional landscaping along the El Camino Real / La Linia frontages  Additional enclosed outdoor storage for used tires through the use of cargo containers. These proposed site improvements are consistent with the recommendation that the DRC provided. Proposed on-site improvements include a new trash enclosure placed outside of the relocated fence, ADA accessible parking, repaving the front of the lot near El Camino Real. The proposed trash enclosure will consist of grouted block that is to be painted with colors consistent with the building façade and a wood fence that will provide access to the trash receptacle. Vinyl slat fencing is proposed to be used at strategic locations throughout the site. The applicant is proposing additional landscaping along both El Camino Real and La Linia Avenue. AMC 9-4.125 (iii) requires a minimum of 10% landscaping. Existing paving that run to the edge of the right-of-way on both La Linia and El Camino Real is a limiting factor that prevents adding to extensive landscaping. The proposed landscaping includes new planters with drought tolerant shrubs and three (3) additional street tree plantings adjacent to the intersection of La Linia Avenue and El Camino Real. Additional landscaping is proposed to be located near the rear entrance of the proposed vehicle storage area. This configuration meets the intent of the City’s landscape regulations, while breaking up the existing viewshed along El Camino Real. This is consistent with the DRC recommendation of approval. In order to maintain a dust free condition on the site, the applicant is proposing to add conditioning to the crushed rock and gravel to prevent dust from leaving the site at the ingress/egress driveway at La Linia Avenue, consistent with DRC approval. Four (4) additional parking spaces will be paved in the rear of the lot to meet City parking standards for this use. Existing La Lina Avenue Frontage NTS La Lina Ave Landscape Area Dust Free Condition Vinyl Slate Fencing Trash Enclosure Used Tire Storage Proposed Site Improvements Outdoor Tire Storage To reduce the public view of used tire s, the applicant is proposing two (2) 160 sf tire storage containers be utilized specifically for the storage of used tires and other storage needs that may be needed. These containers will be located at the rear of the lot and will reduce the outdoor storage of these tires that may pile up and become a hazard and unsightly to customers. As a part of the conditions of approval, the applicant shall store all used tires within these containers (condition 9). This condition satisfies the DRC recommendation for approval. Findings for a Conditional Use Permit The Planning Commission must make the following five findings in order to approve a CUP for the medical office use within the commercial tourist zone. If the Commission chooses to deny the project, site specific findings for denial must be sited. 1. The proposed project or use is consistent with the General Plan . 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residi ng or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Based on staff’s analysis and the attached conditions of approval contained in the resolution, all of the required findings for approval of a Conditional Use Permit may be made by the Planning Commission. Outdoor Tire Storage to be Avoided ENVIRONMENTAL DETERMINATION: The project qualifies for a Categorical Exemption under CEQA Section 15301:Existing Structures or facilities not expanding existing uses. CONCLUSION: The applicant is proposing an automotive repair and outdoor vehicle storage use through approval of a CUP in a Commercial Retail (CR) zone. The DRC has determined that the applicant has met the City’s Municipal Code requirements for an automoti ve repair and vehicle storage. Based on the above analysis and incorporated conditions, staff believes that the findings for approval of a CUP should be made. ALTERNATIVES: 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the typ e of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission must specify the reasons for denial of the project and make an associated finding with such action. ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Aerial Photo Attachment 3: Proposed Site Plans Attachment 4: Categorical Exemption Attachment 5: Draft Resolution PC 2012-0002 Attachment 1: Location Map, General Plan and Zoning Zoning: Commercial Retail (CR) General Plan Designation: General Commercial (GC) Project Site 9005 El Camino Real Attachment 2: Aerial Photo Project Site 9005 El Camino Real Attachment 3: Proposed Site Plan ATTACHMENT 4: CEQA Exemption CITY OF ATASCADERO NOTICE OF EXEMPTION 6907 El Camino Real Atascadero, CA 93422 805.461.5000 TO: File FROM: Alfredo R. Castillo, AICP Assistant Planner City of Atascadero 6907 El Camino Real Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Project Title: PLN 2011-1421 / Conditional Use Permit 2011-0257 Project Applicant: Greg Jespersen, 9005 El Camino Real, Atascadero, CA 93422 Project Location: 9005 El Camino Real, Atascadero, CA 93422, San Luis Obispo County Project Description: Conditional Use Permit to allow for an automotive repair and outdoor stage use in an existing structure in a Commercial Retail (CR) Zone Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Greg Jespersen (applicant) Exempt Status: Ministerial (Sec. 15073) Emergency Project (Sec. 1507 (b) and (c)) Declared Emergency (Sec. 15061 (a)) General Rule Exemption (Sec. 15061.c) Categorically Exempt (Sec. 15301) Reasons why project is exempt: Class 1 of the California Environmental Quality Act (CEQA) (Section 15301, existing facilities) exempts Existing Structures or facilities not expanding existing uses. Contact Person: Alfredo R. Castillo, AICP (805) 461-5000 ext. 3436 Date: January 27, 2012 Alfredo R. Castillo, AICP Assistant Planner ATTACHMENT 5: Draft Resolution PC 2012-0002 DRAFT RESOLUTION PC 2012-0002 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2011-1421/MINOR CONDITIONAL USE PERMIT 2011-0257 TO ALLOW AN AUTMOATIVE REPAIR & OUTDOOR VEHICLE STORAGE USE ON APNs 030-502-032, 030-502,033 & 030-502-034 (9005 El Camino Real / Jespersen / Peterson) WHEREAS, an application has been received from Applicant, Greg Jespersen, (9005 El Camino Real, Atascadero, CA 93422) and Property Owner, Wilma Peterson (PO Box 55, Atascadero, CA 93423) to consider a project consisting of a Minor Conditional Use Permit to establish a an auto repair and on-site vehicle storage (CUP 2011-0257); 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 Minor Conditional Use Permit is required to establish an Automotive Repair and vehicle storage use within the Commercial Retail (CR) zone; and, WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA section 15303: Existing Facilities, and: minor modifications; 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, the Design Review Committee of the City of Atascadero, at a duly noticed Public Hearing held on November 10, 2011, studied and considered the Minor Conditional Use Permit 2011-0257, 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 February 7, 2012, studied and considered the Minor Conditional Use Permit 2011-0257, 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 found Categorically Exempt under Class 1, Section 15301 and Existing Facilities, of the California Environmental Quality Act. SECTION 2. Findings for approval of Minor Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City’s Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working i n the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 7, 2012 resolved to approve the Minor Conditional Use Permit 2011-0257 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Landscaping Plan EXHIBIT D: Elevations EXHIBIT E: Color Board EXHIBIT F: Fencing / Trash Enclosure /Signage Plan EXHIBIT G: Proposed Floor 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: Conditions of Approval (PLN 2011-1421/CUP 2011-0257) Conditions of Approval / Mitigation Monitoring Program PLN-2011-1421 9005 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 Standard Conditions 1. This Conditional Use Permit shall allow an auto repair and outdoor storage use at 9005 El Camino Real described on the attached exhibits and located on parcel 030-502-032, 030-502- 033 and 030-502-034 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. 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 master plan of development. Ongoing 6. Project fencing shall include beige vinyl slates in areas that are shown consistent with Exhibit B and Exhibit F. BP PS 7. Building façade, accessory storage building, and trash enclosure shall be repainted consistent with the color board as shown in Exhibit E. BP PS 8. Rear entrance off of La Linia Avenue and outdoor vehicle storage area shall be maintained in a dust free condition through the use of either conditioning of existing dirt and gravel, the placement of gravel or the use of crushed rock. BP PS Conditions of Approval / Mitigation Monitoring Program PLN-2011-1421 9005 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 9. All used tires shall be stored within the proposed tire storage containers consistent with Exhibit B. BP PS 10. Outdoor storage of scrap, junk and miscellaneous articles and materials is limited to a maximum area of two hundred (200) square feet, with a maximum height of five (5) feet BP PS 11. Landscaping shall include drought tolerant plants and be generally located in the areas shown in Exhibit C. Plantings shall include a minimum of four (4) shade trees that are from the following species:  Chinese Pistache,  London Plane Tree  California Sycamore  Western Cottonwood BP PS 12. Landscaping shall include irrigation that is consistent with the City’s water efficient landscaping standards. BP PS 13. A trash enclosure shall be constructed of block material and contain a wood fence consistent with Exhibit F. BP PS 14. On-Site signage shall be consistent with signage plan shown in Exhibit F. BP PS Building Division Conditions 15. Accessible paths of travel we will need those paths clearly defined and included some field elevation points, as well as slopes and cross slopes at the time of building permit submittal BP PS 16. All building improvements shall meet the latest building code standards at the time of submittal for a building permit. BP PS 17. A building permit shall be issued prior to any building modification or alterations. BP PS 18. Building may not be occupied nor operate a business until final inspection of all building modifications, alterations and site improvement and a business license is issued. FO/BL PS Public Works Project Conditions City Engineer Project Conditions 19. All public improvements constructed in the right of way will require a separate encroachment permit. The application for the encroachment permit will be submitted with the building permit. BP CE Conditions of Approval / Mitigation Monitoring Program PLN-2011-1421 9005 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 20. Alignment of any required or proposed frontage improvements (drive approach etc.) shall be approved by the City Engineer. BP CE 21. Full frontage improvements (curb, gutter, sidewalk) will be required if: a. The valuation of the proposed onsite improvements (building additions and site improvements) exceeds 25% of the assessed value of the existing building(s) and site improvement(s) b. The total valuation of all permits issued over a 12 month period exceeds 25% of the value of the existing building(s) and site improvements. All valuations are based on the City Building Department’s estimate of building values and the County Assessor’s assessment role at the time of application. BP CE 22. The existing parking configuration, on the El Camino Real side of the building, shall be modified so that cars park perpendicular to the southern fence line. Cars shall not back onto La Linia or El Camino Real. BP CE 23. Oil or other fluid changes shall not occur in un-roofed or in unpaved areas. Spill control equipment shall be readily available and staff trained in its implementation and subsequent waste disposal. BP CE 24. Parking areas shall be kept clean to prevent trash and particles from washing into the storm drain gutter. Spills and leaks shall be cleaned up immediately. BP CE City Engineer Standard Conditions 25. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer GP, BP CE EXHIBIT B: Site Plan (PLN 2011-1421/CUP 2011-0257) NTS La Lina Ave Landscape Area Dust Free Condition Vinyl Slate Fencing Trash Enclosure Used Tire Storage EXHIBIT C: Landscaping Plan (PLN 2011-1421/CUP 2011-0257) Drought tolerant shrubs Min. four (4) shade trees Water efficient irrigation Groundcover / mulch per Atascadero municipal code EXHIBIT D: Elevations (PLN 2011-1421/CUP 2011-0257) EXHIBIT E: Color Board (PLN 2011-1421/CUP 2011-0257) See File for Original Colors Frazee CL-2673W Trotting: Block Walls Metal Walls Trash Enclosures Storage Buildings Fence Slates Frazee CL-1041W Mosquito Pass: Eaves Awnings Doors EXHIBIT F: Fencing /Trash Enclosure /Signage (PLN 2011-1421/CUP 2011-0257) Proposed Wall Sign Proposed Trash Enclosure Proposed Vinyl Slats EXHIBIT G: Proposed Floor Plan (PLN 2011-1421/CUP 2011-0257)