HomeMy WebLinkAboutPC_2010-01-05_AgendaPacketCITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, January 5, 2010 — 7:00 P.M.
City Hall
Council Chambers
6907 El Camino Real
Atascadero, California
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson Jack
Vice Chairperson Moreno
Commissioner Bentz
Commissioner Colamarino
Commissioner Schmidt
Commissioner Sturtevant
Commissioner Ward
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 and address 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)
City of Atascadero Planning Commission Agenda
COMMUNITY DEVELOPMENT STAFF REPORTS
None
PUBLIC HEARINGS
Regular Meeting, January 5, 2010
Page 2 of 4
DISCLOSURE OF EX PARTE COMMUNICATIONS:
Prior to a project hearing Planning Commission Members must disclose any communications they have had on any
quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps,
Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning
Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity
to comment on the ex parte communication.
(For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public
hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide
testimony to the Commission following the applicant. Speakers should state their name and address 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).)
1. PLN 2009-1344, CONDITIONAL USE PERMIT AND VARIANCE FOR 4255 EL
CAMINO REAL
Property
Mission Community Bank, 581 Higuera St., San Luis Obispo, CA 93401
Owner/Applicant:
Project Title:
PLN 2009-1344/CUP2009-0246/VAR2009-0016
Project Location:
4255 EI Camino Real, Atascadero, CA 93422
APN 029-261-021 (San Luis Obispo County)
Project Description:
The project consists of an application for a Conditional Use Permit to allow the
reinstatement of a legal, non -conforming use (auto dealer/new and used) and a
Variance to allow an auto dealer on a lot size of 0.22 acres, where 1 acre
minimum is required. The project is brought forward for consideration because
there was a gap in the period of time for continuing the use (more than six
months.)
General Plan Designation: General Commercial
Zoning District: Commercial Retail
Proposed
Based on an analysis of the proposed use, the project will be Exempt from CEQA
Environmental
Section 15301 — Existing Facilities. Class 1 consists of the operation, leasing, or
Determination:
minor alteration of existing facilities, including minor repairs with little or no
expansion of use. The prior use was an auto dealer; the same use as proposed.
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR'S REPORT
City of Atascadero Planning Commission Agenda
ADJOURNMENT
Regular Meeting, January 5, 2010
Page 3 of 4
The next regular meeting of the Planning Commission is scheduled for January 19, 2010, 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, January 5, 2010
Page 4 of 4
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 EI Camino Real, Atascadero. Matters are considered by the Commission in the order
of the printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on
file in the office of the Community Development Department and are available for public inspection during City Hall
business hours at the Front Counter of City Hall, 6907 EI 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 video-taped and audio recorded, and may be reviewed by the public. Copies
of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400).
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City
meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office,
both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will
assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or
service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "PUBLIC COMMENT", the Chairperson will call for anyone from the audience having business
with the Commission to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Chairperson and Commission.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any
other individual, absent or present.
This is when items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will
be allowed for Public Comment Portion (unless changed by the Commission).
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will
give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public
comment period is open and will request anyone interested to address the Commission regarding the matter being
considered to step up to the lectern. If you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Chairperson.
2. Give your name (not required).
3. Make your statement.
4. All comments should be made to the Chairperson and Commission.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any
other individual, absent or present.
6. All comments limited to 3 minutes.
If you wish to use a computer presentation to support your comments, you must notify the Community Development
Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a
USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also be provided. You are
required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with
the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy.
The Chairperson will announce when the public comment period is closed, and thereafter, no further public
comments will be heard by the Commission.
ITEM NUMBER: 1
DATE: 1-5-10
Atascadero Planning Commission
Staff Report - Community Development Department
Mimi Whitney, Senior Planner, 470-3442, mwhitney@atascadero.org
PLN 2009-1344
Conditional Use Permit 2009-0246/Variance 2009-0016
Re-establishment of a legal, non -conforming use (auto dealer) and
Variance for a non -conforming lot size (0.22 acres in a 1 acre zone)
4255 EI Camino Real
(Mission Community Bank)
SUBJECT:
The proposed project consists of an application for a Conditional Use Permit (CUP) to
allow the re-establishment of a legal, non -conforming use (auto dealer/new and used
vehicles) where the prior occupant vacated the business on or before December 31,
2008, and failed to reinstate the same, or similar use, before a six (6) month time limit
had elapsed. (Ref. AMC 9-7.106) The proposal also includes a request for a Variance
to allow a legal, non -conforming lot size of 0.23 acres where a 1 acre minimum lot size
is required for an auto dealership. (Ref. AMC 9-6.163)
The proposed project is brought forward for Planning Commission consideration
because the former auto dealer use, which had existed for over 10 years, ceased
operation for more than 6 months, and consequently lost the right to continue the non-
conforming use.
RECOMMENDATION:
Staff recommends the Planning Commission approve Resolution PC 2010-0034
approving the Conditional Use Permit (CUP 2009-0246) to allow an auto dealer/sales lot
to be re-established and approve the Variance (VAR -2009-0016) which would permit
the continuing auto sales use on a lot less than 1 acre, based on findings and subject to
conditions of approval.
SITUATION AND FACTS:
1. Property Owner/ Applicant:
2. Project Location:
3. General Plan Designation
4. Zoning District:
5. Site Area:
6. Existing Use:
7. Environmental Status
DISCUSSION:
ITEM NUMBER: 1
DATE: 1-5-10
Mission Community Bank, 581 Higuera Street,
San Luis Obispo, CA 93401
4255 EI Camino Real, Atascadero, CA 93422
APN 029-261-021
General Commercial (GC)
Commercial Retail (CR)
Approximately 0.23 acres (approx. 9,949 sq. ft)
Vacant auto dealership lot
Class 1 Categorical Exemption: Existing facility
with minor or no changes in structure or use
The General Plan designation for this site is General Commercial which includes office,
retail, neighborhood retail, and tourist commercial zoning districts. The zoning
designation is Retail Commercial which permits both comparison and convenience
shopping needs. The principal tenants would typically include specialty, department
stores and supermarkets.
The Atascadero Municipal Code (AMC) states that established uses which are legal,
non -conforming at the time of the adoption of the particular code may continue
operating. However, when a legal, non -conforming use is discontinued for 6 months or
longer, the right to continue the use ceases. The previous use was a car dealership
and due to financial issues, it closed down on or before December 31, 2008. The
lender, Mission Community Bank, was forced to foreclose on the property and now has
a new buyer who is interested in reopening an auto dealership. However, because it
has been more than 6 months since a car dealership, or similar use, has been
established at this location, a CUP and Variance are now required.
A Business License search revealed that an auto dealership business was first
established in 1997. This is the only business license of record.
Mission Community Bank now owns this site and would like to put this property back
into productive use. Therefore, they have appealed to the City of Atascadero to
consider re-establishing the use. They are prepared to implement improvements, such
as general clean up of the site including the following:
ITEM NUMBER:
DATE: 1-5-10
• Remove weeds in front and install new landscape with drought tolerant plants
and trees;
• Paint the existing building;
• Install landscaping in large, commercial pots at the two front corners of the
building;
• Install off-street parking spaces at the rear of the site, including one handicapped
space;
• Put up a new wall sign and re -expose a covered window on the EI Camino Real
frontage.
View of existing sales lot area View of existing weeds along front.
ITEM NUMBER: 1
DATE: 1-5-10
ANALYSIS:
Addressing the "use" issue:
Based on staff's observations, the structure was most likely a single-family residence
and part of the older neighborhood on Valdez Avenue. There are no records indicating
when the single-family use was abandoned and a retail commercial use established.
However, the original Zoning Ordinance in 1983 designated properties along EI Camino
Real as Retail Commercial.
Staff can find no building or planning permits on record for this site. However, the City
of Atascadero approved amendments to the Zoning Ordinance in 1999, which
addressed several land use issues along EI Camino Real. These amendments included
the requirement for a CUP to establish a car dealership and only on sites of one (1)
acre, or more, in size.
The only Business License record is shown as a dealership in 1997 indicating that the
establishment of this car lot most likely occurred prior to the zoning amendments in
1999, thus establishing a legal, non -conforming use, which continued until December
2008.
Addressing the Variance request:
Because the lot exists, a Variance must be approved to allow the non -conforming lot
size to continue to be under the one (1) acre minimum requirement. The lot size
became legal non -conforming when the 1999 Zoning Ordinance amendments put in
place the 1 acre minimum lot size for dealerships. At that time, it was thought that small
in -fill sites were not appropriate for dealerships along EI Camino Real.
Since there are several vehicle dealerships established along EI Camino Real which
pre -date the 1999 Zoning Ordinance amendments and this location enjoyed the same
status until the slowdown in the economy forced this dealership out of business. Due to
the recession and bank foreclosure, it was not possible for another dealership (or similar
use) to establish a business at this location within the required six (6) month period of
time.
It seems reasonable to request an exception to the Development Standard for a one (1)
acre lot size along with CUP to re-establish a dealership for the reasons stated above.
Findings
The Planning Commission must make the following findings for a variance:
1. The Variance does not constitute a grant of special privileges inconsistent with
the limitations upon other properties in the vicinity and zoning district in which
ITEM NUMBER: 1
DATE: 1-5-10
such property is situated because there are other vehicle dealerships along EI
Camino Real established prior to the 1999 Zoning Ordinance amendments which
addressed the development standards for dealerships and except for economic
hardship, a dealership would still be located at this site; and
2. There are special circumstances applicable to the property, including size,
shape, topography, location, or surroundings, and because of these
circumstances the application of this lot size standard would deprive the property
of privileges enjoyed by other property in the vicinity and in the same zoning
district; and
3. The Variance does not authorize a use which is not otherwise authorized in
the Commercial Retail zoning district either because the use is considered pre-
existing (legal non -conforming) and/or has an approved CUP; and
4. The granting of such a Variance does not, under the circumstances and
conditions applied in this particular case, adversely affect the health or safety
of persons and is not materially detrimental to the public welfare, nor injurious to
nearby property or improvements because the dealership use existed for over
ten (10) years without complaint from adjacent residential or commercial uses
and caused no known health or safety issues to the public.
Findings
The CUP process provides the opportunity for the public and the Planning Commission
to review the specifics of land use proposals, such as architectural design, site design,
landscape, signage, and specific standards of the Zoning Ordinance. The Planning
Commission must make the following findings to approve the CUP:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual.
Staff Comment: The proposed vehicle dealership is consistent with the General
Commercial designation of the General Plan and General Plan Land Use Element.
The applicant is proposing moderate upgrades in landscape and visual character of
the existing building.
2. The proposed project or use satisfies all applicable provisions of the Title 9 (Zoning
Ordinance).
Staff Comment: The existing development does not satisfy all current zoning code
provisions. However, the proposal includes landscaping upgrades and building
improvements that, if approved by the Planning Commission, would enhance what is
currently there. The proposal does not provide the required 10 ft. landscaped front
ITEM NUMBER: 1
DATE: 1-5-10
setback (the existing planting area is only two feet wide), however, the required
overall 5% landscape coverage for the auto display lot is provided as shown. If a 10
ft. landscaped front setback were imposed, there would be very little area remaining
for auto display. The parking is short by two spaces. However, the Planning
Commission has the authority, under the CUP process, to approve adjustments to
allow the landscaping and parking as proposed. Should the Planning Commission
accept the proposed project as shown, findings have been included that the size of
the lot cannot be expanded to meet the one (1) acre minimum and the existing
landscape cannot be enlarged to meet the 10 foot landscaped setback, without
minimizing the useable area as a dealership.
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 development will not be detrimental to the general
public or to working person's health, safety, or welfare. The site functioned as a
vehicles dealership for over ten (10) years without any detrimental effects general
public or to the surrounding neighborhood.
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 project is consistent with similar vehicle dealerships and
commercial retail uses along EI Camino Real and with the surrounding
neighborhood and circulation.
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 are consistent with the traffic
projections and road improvements anticipated within the General Plan and no
known traffic issues occurred with the prior dealership use.
6. The characteristics of the proposed use and its immediate vicinity do not necessitate
the type of parking lot design required by the Zoning Ordinance, specifically the
required number and surface materials for parking lot construction.
ITEM NUMBER: 1
DATE: 1-5-10
Staff Comment: Staff recommends that the Planning Commission find that the
parking lot, as originally installed, is adequate to serve the proposed use and that
street parking is also available.
Environmental Determination
The project qualifies for a Class 1 Categorical Exemption in accordance with the
California Environmental Quality Act. A Class 1 Exemption (Section 15305) includes
operation, repair, maintenance, permitting, leasing or minor alteration of existing public
or private structures involving negligible or no expansion of use beyond that which
exists.
CONCLUSION:
The proposed project is a request to reestablish a prior vehicle dealership use that
lapsed for more than six (6) months due to economic hardships. The proposal also
necessitates findings in support of a Variance to the dealership use to continue on an
existing lot less than one (1) acre in size. Based on staff's analysis in the preceding
sections, it appears that all of the required findings for approval of a CUP and a
Variance can be made. Also, the proposed improvements will enhance the dealership's
appearance.
ALTERNATIVES:
1. The Commission may approve the project with modifications to the conditions of
approval.
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 should specify the
reasons for denial of the project and make any associated findings with such
action. If the variance for the lot size is denied, the use established would need
to be something other than a vehicle dealership.
ATTACHMENTS:
Attachment 1: Location Map, General Plan and Zoning
Attachment 2: Proposed Site and Landscape Plan
Attachment 3: Categorical Exemption
Attachment 5: Draft Resolution 2010-0034
ITEM NUMBER:
DATE: 1-5-10
Attachment 1: Location Map/General Plan and Zoning
Surrounding Uses: (General Plan/Zoning)
North: General Commercial/Retail Commercial
South: General Commercial/Retail Commercial
East: Residential Single-family —X/Single-family Residential—X
West: General Commercial/Retail Commercial
ITEM NUMBER:
DATE: 1-5-10
Attachment 2: Proposed Site and Landscape Plan
ITEM NUMBER:
DATE: 1-5-10
Attachment 3: CEQA — Categorical Exemption
CITY OF ATASCADERO
Iola i97•� NOTICE OF EXEMPTION
�E811 6905 EI Camino Real, Suite 6 Atascadero, CA 93422 805.461.5000
Date Received for Filing
TO: County Clerk, County of San Luis Obispo
FROM: Mimi Whitney, Senior Planner
City of Atascadero
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public
Resources Code.
Proiect Title: PLN 2009-1344 Conditional Use Permit and Variance to reestablish an auto
dealership in a Retail Commercial zone.
Project Location (Include County): 4255 El Camino Real, Atascadero, CA
San Luis Obispo County
Name of Public Agency Approving Project: City of Atascadero
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. 1530 1)
Reasons why project is exempt: A Class I Exemption (Section 15305) includes operation, repair,
maintenance, permitting, leasing or minor alteration of existing public or private structures
involving negligible or not expansion of use beyond that which exist
Contact Person: Warren Frace, Director of Community D 461-5000
Date: December 18, 2009
Warren Frace
ITEM NUMBER: 1
DATE: 1-5-10
DRAFT RESOLUTION PC 2010-0034
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ATASCADERO, CA, APPROVING PLN 2009-1344
CONDITIONAL USE PERMIT AND VARIANCE RE-ESTABLISHING A LEGAL,
NON -CONFORMING USE AND
A VARIANCE FOR A NON -CONFORMING LOT SIZE FOR AN AUTO DEALERSHIP
AT 4255 EL CAMINO REAL (APN 031-261-015)
(MISSION COMMUNITY BAND
WHEREAS, an application has been received from Mission Community Bank, 581
Higuera Street, San Luis Obispo, CA 93401 (Property Owner/Applicant), to consider a project
consisting of a Conditional Use Permit and a Variance to allow the re-establishment of a non-
conforming use on a non -conforming lot size for an auto dealership, APN 029-261-021; and,
WHEREAS, the site's General Plan Designation is General Commercial (GC) and the
zoning district is Commercial Retail (CR) which would allow an auto dealership with a
conditional use permit; and,
WHEREAS, the site's required minimum lot size is one (1) acre but the actual area is
approximate 0.23 acres and is consider a legal, non -conforming in size; and,
WHEREAS, the Conditional Use Permit request is for the purpose of re-establishing a
prior use as an auto dealership which is considered a legal, non -conforming use first established
in 1997 and continued in operation until December 2008 until economic hardship forced the
business to close; and,
WHEREAS, the variance request is to continue the proposed auto dealership use on the
existing legal, non -conforming 0.23 acre lot; and,
WHEREAS, the proposed use qualified as a Class 1 Categorical Exemption (Section
15305) 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 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 Variance requests; and,
ITEM NUMBER:
DATE: 1-5-10
WHEREAS, the Planning Commission of the City of Atascadero held a public hearing
on January 5, 2010; 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 15305
of the California Environmental Quality Act.
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 Commercial designation of
the General Plan and Land Use Element and with the improvements in landscape and
visual character is consistent with the City's Appearance Review Manual; and,
2. The proposed project or use does not completely satisfies all applicable provisions of
the Title 9 (Zoning Ordinance) with respect to landscape and parking, however using
the Planning Commission's discretion and authority hereby approves the requested
adjustments to landscape and parking because the front landscape and rear parking
area cannot be expanded without reducing the useable auto display area; and,
3. The re-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.
6. The characteristics of the proposed use and its immediate vicinity do not necessitate
the type of parking lot design required by the zoning ordinance, specifically the
required number and surface materials for parking lot construction because the
existing parking lot is adequate to serve the use and street parking is also available.
ITEM NUMBER:
DATE: 1-5-10
SECTION 3. Findings for approval of Variance. The Planning Commission finds
as follows:
1. The Variance does not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zoning district in which
such property is situated because there are other vehicle dealerships along El
Camino Real established prior to the 1999 Zoning Ordinance amendments which
addressed the development standards for dealerships and except for economic
hardship, a dealership would still be located at this site; and
2. There are special circumstances applicable to the property, including size, shape,
topography, location, or surroundings, and because of these circumstances the
application of this lot size standard would deprive the property of privileges enjoyed by
other property in the vicinity and in the same zoning district and further the existing lot
size cannot be expanded; and
3. The Variance does not authorize a use which is not otherwise authorized in the
Commercial Retail zoning district either because the use is considered pre-existing (legal
non -conforming) and/or has an approved conditional use permit; and
4. The granting of such a Variance does not, under the circumstances and conditions
applied in this particular case, adversely affect the health or safety of persons and is not
materially detrimental to the public welfare, nor injurious to nearby property or
improvements because the dealership use existed for over ten (10) years without
complaint from adjacent residential or commercial uses and caused no known health or
safety issues to the public.
SECTION 4. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on January 5, 2010 resolved to approve PLN 2009-1344, consisting of
Conditional Use Permit 2009-0246 and Variance 2009-0016, consistent with the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Proposed Site and Landscape Plan
EXHIBIT C: Proposed Elevations and Wall Sign
On motion by , and seconded by
hereby adopted in its entirety by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
ATTEST:
Warren M. Frace
Planning Commission Secretary
ITEM NUMBER: 1
DATE: 1-5-10
the foregoing resolution is
CITY OF ATASCADERO, CA
Sandy Jack
Planning Commission Chairperson
ITEM NUMBER:
DATE: 1-5-10
Exhibit A: Conditions of Approval
Conditions of Approval
Timing
Responsibility
(Monitoring
PLN 2009-1344
FM: Final Map
PS: Planning Services
CUP 2009-02461 VAR 2009-0016
BL: Business
License
BS: Building Services
FD: Fire Department
Mission Community Bank
GP: Grading
PD: Police Department
(Auto Dealership — 4255 Ei Camino Real)
Permit
CE: City Engineer
BP: Building
WW: Wastewater
Permit
CA: City Attorney
FI: Final
Inspection
F0: Final
Occupancy
Planning Services Standard Conditions
1. This CUP shall be for an auto dealership, APN 029-261-021,
Ongoing
PS
regardless of ownership.
2. The approval of this CUP and Variance shall become final and
NA
PS
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.
3. The Community Development Department shall have the authority
On-going
PS
to approve the following minor changes to the project that
(1) modify the site plan project by less than 10% where the result is
a superior site design or appearance, and/or (3) address a
construction design issue that is not substantive.
4. Approval of this CUP shall be valid for twelve (over 10) months
BP
PS
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 occupancy permit.
5. The applicant and/or subsequent owners shall defend, indemnify,
On-going
PS
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 proposed
development.
6. All exterior elevations, finish materials, and colors shall be
PS/BP
PS
consistent with the approved plans as shown in the attached
exhibits and consistent with the architectural appearance.
• All trash storage, recycle storage, and air conditioning units shall be
screened from view behind an architecturally compatible structure
ITEM NUMBER:
DATE: 1-5-10
Conditions of Approval
Timing
Responsibility
(Monitoring
PLN 2009-1344
FM: Final Map
PS: Planning Services
CUP 2009-02461 VAR 2009-0016
BL: Business
License
BS: Building Services
FD: Fire Department
Mission Community Bank
GP: Grading
PD: Police Department
(Auto Dealership — 4255 E/ Camino Real)
Permit
CE: City Engineer
BP: Building
WW: Wastewater
Permit
CA: City Attorney
FI: Final
Inspection
F0: Final
Occupancy
such as a fence, parapet or landscaped enclosure;
• No exterior light fixtures have been approved with this project. Any
lighting shall be approved by building permit prior to installation and
compatible with building design, subject to CDD staff approval.
7. All site uses, structures and site improvements shall be consistent
BP/FO
PS, BS, CE
with the approved plans as shown in the attached exhibits. Any
further work to structures, parking lot or other improvements shall
be reviewed and approved by CDD.
8. A final landscape and irrigation plan shall be approved by the CDD
BP/FO
PS, BS
prior to the issuance of occupancy permit or commencement of
business operations. The landscape plan shall include the
following:
• Plant species shall be drought tolerant native species, designed to
complement the site. Suggested plants are included on the
approved Site and Landscape Plan.
• Trees shall be a minimum 15 gallon is size.
• Containers shall be large and of commercial quality.
• Irrigation method: shall be drip or as otherwise approved
9. The operation for the auto dealership is limited to the following:
Ongoing
PS
• Hours of operation — Limited to 8:00 am to 7:00 pm
• Customer parking shall be located as shown on the approved site
plan and handicapped parking (one space) is to be installed per
City standards and maintained at all times in proper order.
• Back-up clearance for customer vehicles shall be maintained at all
times.
ITEM NUMBER:
DATE: 1-5-10
Conditions of Approval
Timing
Responsibility
(Monitoring
PLN 2009-1344
FM: Final Map
PS: Planning Services
CUP 2009-02461 VAR 2009-0016
BL: Business
License
BS: Building Services
FD: Fire Department
Mission Community Bank
GP: Grading
PD: Police Department
(Auto Dealership — 4255 El Camino Real)
Permit
CE: City Engineer
BP: Building
WW: Wastewater
Permit
CA: City Attorney
FI: Final
Inspection
F0: Final
Occupancy
9 continued-
• The site shall be maintained clean and free of debris at all times.
• Signage: One wall sign is approved as shown on the approved
elevation plan. Other signage permitted includes (a) window
lettering and graphics with an aggregate area not to exceed 50% of
the window area (b) safety and directional signs with an aggregate
area not exceeding four (4) square feet; such signs shall be
pedestrian in scale because the City has a compelling interest in
ensuring traffic and pedestrian safety (c) banner or temporary signs
constructed from nonpermanent material, (e.g. paper, canvas,
vinyl) securely placed against the building of a permanent structure
and for a period not to exceed 30 days. Prohibited signs:
animated signs, off -premise signs, roof signs and inflatable signs.
Exceptions: signs on vehicles to advertise "sale" or "price" or to
provide customer information appropriate to the vehicle model and
features.
10. The parking lot and perimeter fencing shall be allowed to remain as
On-going
PS
currently installed, as identified on the site plan. The existing
bollards should be painted to match the building.
Building Services Standard Conditions
11. The site plan and floor plan shall comply with all building code
BP/FO
BS
requirements, including California accessibility standards.
Public Works / City Engineer Project Conditions
12. Any public improvements shall be constructed in conformance with
BP/FO
CE
the City of Atascadero Engineering Department Standard
Specifications and Drawings or as directed by the City Engineer
APPROVED SITE AND LANDSCAPE PLAN
4255 EI Camino Real — Auto Dealership
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ITEM NUMBER: 1
DATE: 1-5-10
Q
INTEGRITY MOTORS
Recommended Landscape Materials:
Front Setback:
Arctostaphtylus edmundsii or hookeri (Manzanita)
Heteromeleg arbutifolia (Toyon)
Grasses: Deer Grass, Pennisetum Setaceum, Flax
Shrubs: Cistus, Achillea (Yarrow)
Tree: London Plane Tree (Min. 15 gal. space 30 ft. on center)
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Larae Planters:
Lavandua Hidcote
Lantana
Cistus
Achillea
ITEM NUMBER:
DATE: 1-5-10
APPROVED ELEVATION AND WALL SIGN
Exterior Colors:
Wall to be painted "Beach White" (Behr)
Trim to be painted "Pacific Pine" (Behr)
Sign: "Integrity Motors" (Non -illuminated)