The URL can be used to link to this page

Home My WebLink AboutPC_2010-06-15_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, June 15, 2010 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Moreno Vice Chairperson Bentz Commissioner Colamarino Commissioner Jack 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 Regular Meeting, June 15, 2010 Page 2of4 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MAY 4, 2010. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. PLN 2010-1359, CONDITIONAL USE PERMIT FOR 5850 EL CAMINO REAL Property owner: William I. Manning, 10855 Santa Lucia Road, Atascadero, CA 93422 Applicant: Charles Elliott, 5850 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2010-1359 / CUP 2010-0249 Project 5850 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) Location: APN 030-181-033 Project The proposed project consists of an application for a Conditional Use Permit to allow Description: indoor auto sales within an existing building at 5850 EI Camino Real. The existing business, Mobley's, is proposing to add motorcycle and ATV sales to the existing retail business. Auto (motorcycle & ATV) service and repair is proposed on site with the CUP as an accessory use to the auto sales. General Plan Designation: Downtown (D) Zoning District: Downtown Commercial (DC) Proposed Class 1, Categorical Exemption Section 15301: Existing Facilities Environmental Determination: 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).) COMMISSIONER COMMENTS AND REPORTS City of Atascadero Planning Commission Agenda DIRECTOR'S REPORT ADJOURNMENT Regular Meeting, June 15, 2010 Page 3 of 4 The next regular meeting of the Planning Commission is scheduled for July 6, 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, June 15, 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: 6-15-10 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting - Tuesday, May 4, 2010 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Moreno called the meeting to order at 7:00 p.m. and Commissioner Sturtevant led the Pledge of Allegiance. ROLL CALL Present: Chairperson Moreno, Vice Chairperson Bentz, Commissioners Colamarino, Jack, Schmidt, Sturtevant and Ward Absent: None Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace, Associate Planner Callie Taylor, and Deputy Public Works Director David Athey APPROVAL OF AGENDA MOTION: By Vice Chairperson Bentz and seconded by Commissioner Sturtevant to approve the agenda. Motion passed 7:0 by a roll -call vote. PC Draft Minutes of 5/4/10 Page 1 of 5 PUBLIC COMMENT None Chairperson Moreno closed the Public Comment period. PLANNING COMMISSION BUSINESS Chairperson Moreno asked Community Development Director Frace about the status on the taping of the meetings since she had inquired about this at the meeting on April 6, 2010. Director Frace explained that staff is operating on the direction that when there is a public hearing item, the meeting will be taped. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 6. 2010. 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 20, 2010. MOTION: By Commissioner Sturtevant and seconded by Vice Chairperson Bentz to approve the Consent Calendar. Motion passed 7.0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 3. PLN 2010-1356, TENTATIVE PARCEL MAP AT 6955 BALBOA ROAD Property Berry Family Trust, James Berry, 6955 Balboa Rd., Atascadero, CA 93422 Owner/Applicant: Project Title: PLN 2010-1356 / TPM 2010-0096 Project 6955 Balboa Road, Atascadero, CA 93422 (San Luis Obispo County) Location: APN 050-071-012 Project The proposed project consists of a Tentative Parcel Map to divide one parcel in the Description• Residential Suburban (RS) Zone into two parcels. The RS Zone has 2.5 acre (gross) minimum lot size. The existing lot is 5.33 acres (gross area) with an average slope of 7%. Parcel 1, which contains an existing single-family residence, is proposed at 2.83 PC Draft Minutes of 5/4/10 Page 2 of 5 Associate Planner Callie Taylor gave the staff report and answered questions from the Commission. Ms. Taylor explained that the applicant has requested a modification to the conditions (Exhibit A). It is staff's opinion that the modification would not be consistent with the Municipal Code and therefore, cannot be approved by Planning Commission, since it is not under Planning Commission's discretion to approve these modifications. The Subdivision Ordinance requires that frontage improvements are done with the subdivision in compliance with General Plan standards. It would not be consistent with the Zoning Ordinance to approve something different. Staff is recommending the Planning Commission approve the project as presented. DISCLOSURE OF EX PARTE COMMUNICATIONS: • Chairperson Moreno — None • Vice Chairperson Bentz — None • Commissioner Colamarino — None • Commissioner Jack — None • Commissioner Schmidt — None • Commissioner Sturtevant — None • Commissioner Ward - None Deputy Public Works Director David Athey answered questions from the Commission regarding the Public Improvement standards, bike lanes, current rural collector standards, and Graves Creek Road. The City standards are City -specific standards, but are based off of design from the State's design criteria. Community Development Director Warren Frace explained that the Commission does not have the discretion to waive City road standard requirements. The path to address this would be if the applicant applied for an appeal to the City Council. Director Frace answered questions from the Commission in relation to the General Plan which is tied into the Public Works standards adopted by the City Council. Requirements are consistent with existing development throughout the City. The City needs to be consistent. PC Draft Minutes of 5/4/10 Page 3 of 5 acres (gross). Parcel 2 is proposed at 2.50 acres (gross) and would be a vacant lot for future development as a single-family parcel. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) Proposed Class 15 Categorical Exemption: Minor Land Division of fewer than four parcels Environmental Determination: Associate Planner Callie Taylor gave the staff report and answered questions from the Commission. Ms. Taylor explained that the applicant has requested a modification to the conditions (Exhibit A). It is staff's opinion that the modification would not be consistent with the Municipal Code and therefore, cannot be approved by Planning Commission, since it is not under Planning Commission's discretion to approve these modifications. The Subdivision Ordinance requires that frontage improvements are done with the subdivision in compliance with General Plan standards. It would not be consistent with the Zoning Ordinance to approve something different. Staff is recommending the Planning Commission approve the project as presented. DISCLOSURE OF EX PARTE COMMUNICATIONS: • Chairperson Moreno — None • Vice Chairperson Bentz — None • Commissioner Colamarino — None • Commissioner Jack — None • Commissioner Schmidt — None • Commissioner Sturtevant — None • Commissioner Ward - None Deputy Public Works Director David Athey answered questions from the Commission regarding the Public Improvement standards, bike lanes, current rural collector standards, and Graves Creek Road. The City standards are City -specific standards, but are based off of design from the State's design criteria. Community Development Director Warren Frace explained that the Commission does not have the discretion to waive City road standard requirements. The path to address this would be if the applicant applied for an appeal to the City Council. Director Frace answered questions from the Commission in relation to the General Plan which is tied into the Public Works standards adopted by the City Council. Requirements are consistent with existing development throughout the City. The City needs to be consistent. PC Draft Minutes of 5/4/10 Page 3 of 5 PUBLIC COMMENT Cameron Tapp, applicant, stated that his wife is executor to the estate. He thanked the Commission for asking questions. He said they cannot proceed with the project with the current conditions and standards as written. The lot is a corner lot and it is 900 feet, so making the improvements would be a lot of expense. He met with the City Engineer, Russ Thompson, to discuss some logical alternatives which he has proposed on road improvements and conforming landscapes and grading (Exhibit A). He is looking for guidance at this point on how to proceed. If it passes as is, it will not be developed. Mr. Tapp answered questions from the Commission. Chairperson Moreno closed the Public Comment period. Chairperson Moreno asked Director Frace to explain the appeal process. Director Frace explained the underlying issue is consistency. The Engineering Standards are clear. This could get appealed to the Council at a cost to the applicant of $460. MOTION: By Vice Chairperson Bentz and seconded by Commissioner Colamarino to adopt PC Resolution 2010- 0013 approving PLN 2010-1356, Tentative Parcel Map 2010-0096 (AT 10-0010) a request to subdivide one lot at 6955 Balboa Road currently 5.33 acres gross into two lots at 2.83 and 2.50 acres gross each based on findings and subject to conditions of approval. Motion passed 7.0 by a roll -call vote. Chairperson Moreno asked Director Frace for guidance on the procedure to ask Council to address this issue. Director Frace explained the Commission would need to put together consensus, and then he will put together a memo to the City Council. Each commissioner stated their reasons behind supporting or not supporting a motion in favor of making a recommendation to the City Council. All Commission members except Commissioner Colamarino were in agreement with asking the City Council to take a 2nd look at the road requirements along Graves Creek Road: MOTION: By Vice Chairperson Bentz and seconded by Commissioner Schmidt to ask the City Council to look at the road requirements along Graves Creek Road. Motion passed 6:1 by a roll -call vote. (Colamarino opposed) PC Draft Minutes of 5/4/10 Page 4 of 5 COMMISSIONER COMMENTS AND REPORTS Commissioner Ward said the last two weeks have been historic period for the veteran's community. He spoke about the dedication ceremony for the unveiling of the first Purple Heart Trail signs going up on Highway 101. He complimented the local newspaper, the Atascadero News, on the front page article that was published. Two television stations covered the event as well as the press and radio. The signs are continuing to go up this week. The Purple Heart Trail brochure is now being distributed at 100 different locations throughout the county. This will have a positive impact on our City. Commissioner Ward stated the flags are missing from the Carlton Hotel and they have set their clock tower to current time. In two weeks, there will be fresh new flags there, and it may come out in the newspaper. DIRECTOR'S REPORT • Director Frace said that the Walmart Open House is scheduled for tomorrow, May 5t", from 10 a.m. to 7 p.m. and is open to public. It will be hosted by Walmart and the Annex Shopping Center developers. City staff will be there to host a comment card box and there will be a sign -in list for upcoming meeting notifications. • On May 25, 2010, at 6 p.m., there will be a Joint City Council and & Planning Commission meeting to review the Walmart project and scoping for the EIR. The Notice of Preparation will be issued next week. • The La Plaza project will be heard by the City Council on May 11, 2010. Road easement documents have come in. • Currently there are no items on the Planning Commission agenda for May 18t" This meeting may be cancelled. ADJOURNMENT - 8:06 p.m. The next regular meeting of the Planning Commission is scheduled for May 18, 2010, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY: Annette Manier, Recording Secretary The following exhibit is available in the Community Development Department: Exhibit A — Memorandum from Callie Taylor to the Planning Commission regarding applicant's request for modifications. \\Cityhall\cdvlpmnt\- PC Minutes\PC Minutes 10\PC Draft Minutes 5 4 10.doc PC Draft Minutes of 5/4/10 Page 5 of 5 ITEM NUMBER: 2 DATE: 6-15-10 Atascadero Planning Commission Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylorCa)atascadero.org PLN 2010-1359 Minor Conditional Use Permit 2010-0249 Mobley's Indoor Motorcycle Sales and Service 5850 EI Camino Real (Manning / Elliott) SUBJECT: The proposed project consists of an application for a Conditional Use Permit to allow indoor auto sales and service (motorcycle and ATV) within an existing building at 5850 EI Camino Real. The motorcycle service and repair is proposed as an accessory use to the vehicle sales and shall not occupy more than 20% of the floor area of the retail business. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2010-0014 approving Minor Conditional Use Permit 2010-0249 based on findings and subject to Conditions of Approval. Situation and Facts 1. Applicant: Charles Elliott, 5850 EI Camino Real, Atascadero, CA 93422 2. Owner: William Manning, 10855 Santa Lucia Road, Atascadero, CA 93422 3. Project Address: 5850 EI Camino Real, Atascadero, CA 93422 APN 030-181-033 4. General Plan Designation: Downtown (D) 5. Zoning District: Downtown Commercial (DC) 6. Site Area: 0.3522 acre total property area; Use proposed at 5850 EI Camino Real, first floor only 7. Existing Use: Retail (Mobley's) 8. Environmental Status: Section 15301 Categorical Exemption: Existing Facilities and Section 15305: Minor Modification to Land Use Limitations DISCUSSION: Background The existing two-story building at 5850 EI Camino Real was developed in 1926 by Dr. J.E. Doran. The Atascadero Market operated in the downstairs retail space and the upstairs was used for offices and residences. The Atascadero Historical Society considers this building to be one of the most important commercial structures in the downtown. The project site is within the Downtown General Plan Land Use Designation and Downtown Commercial Zoning District, which conditionally allows indoor auto dealerships, including motorcycle sales, if the required findings can be made. Only the downstairs space at 5850 EI Camino Real, currently Mobley's retail store, is being proposed for motorcycle sales and accessory service use. There is a parking lot adjacent to the building on the same site. Surroundina Land Use and Setti North: Downtown Commercial South: Highway 101 East: Downtown Commercial West: Downtown Commercial N ANALYSIS: Aerial Photo Project Site 5660 5860 0 1 N A IS4 E 40 e 6060 The proposed project consists of a request to allow indoor vehicle (motorcycle and ATV) sales with an accessory service and repair shop at 5850 EI Camino Real within the existing Mobley's retail store. The sale of motorcycles, mopeds, and ATV's are included under the definition of "auto dealership" in the Zoning Ordinance and are allowed in the Downtown Zoning District when all sales and display areas are located indoors. No vehicles or motorcycles shall be permitted to be displayed outdoors (Condition #6). The applicant is proposing motorcycle and ATV repair and service as an accessory use to the auto sales use on the subject property. Vehicle service is not allowed as a primary use within the Downtown Zoning District. However, repair shops are allowed when maintained by an establishment engaged in the sale of vehicles on the same site. The service use must be subordinate to the vehicle sales use and therefore may not occupy more than 20% of the floor area of the business (CDD Policy and Condition #8). The applicant has submitted a floor plan to identify the area of the existing building which is proposed for the service area. The motorcycle service area is proposed to be located in the rear of the business, occupying approximately 246 square feet of space (approximately 5% of the first floor of the building.) All service and repair areas shall be located indoors, motorcycle and ATV maintenance shall not be allowed outdoors (Condition #8). If the use is approved by the Planning Commission, the applicant shall be required to obtain a building permit for tenant improvements in order to modify the space to comply with all California Building Code requirements for the proposed change in occupancy. Tenant improvement plans shall be submitted to show that the space complies with ventilation requirements, fire separation requirements, maximum allowable quantities of hazardous materials, and all other Fire and Building Code requirements for the proposed use and occupancy (Condition #10). A business license shall be obtained for the new auto sales and service use (Condition #9). Floor Plan u ❑ li Retail & ° Motorcycle sales �! Area ❑ 3 P Service iI Area _ -- Due to the historic structure and the location of this prime retail space in the downtown, staff has included a condition with the attached resolution which limits the amount of floor area that may be used for vehicle sales. In discussions with the staff, the applicant has stated that he intends to keep the existing retail business and continue to sell surf and motocross merchandise, gear, and clothing. Motorcycle sales and repair is being proposed in addition to the existing retail sales shop. Staff has included a condition which allows vehicle sales to occupy no more than 50% of the floor area of the retail shop (Condition #7). This condition would prevent any future owners from eliminating the retail sales aspect of the business and using the entire building for vehicle sales and service. All non -conforming signs and non -permitted outdoor displays shall be removed from the public right-of-way in front of the subject property. All motorcycles, non -permitted signs and sign display structures, and items attached to the street trees shall be removed. Only one temporary banner sign shall be permitted at a time and shall conform with the requirements of the Atascadero Sign Ordinance (Condition #11). Findings for a Conditional Use Permit The Planning Commission must make the following five findings in order to approve a Conditional Use Permit for the proposed indoor vehicle sales and service within the downtown. 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 residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. 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 in the preceding sections and the conditions in the attached resolution, it appears that all of the required findings for approval of a Conditional Use Permit can be made. ENVIRONMENTAL DETERMINATION The project qualifies for a Categorical Exemption under CEQA Section 15301 -Existing Facilities, and Section 15305: Minor Modification to Land Use Limitations. The applicant is proposing to utilize their existing business, currently operating as a surf retail shop, for the supplemental sale of motorcycles and ATV's, as well as for the service of these vehicles. The proposed project is consistent with the General Plan and Atascadero Municipal Code. Based on the above analysis and incorporated conditions, staff believes that the findings for approval of a Conditional Use Permit can be made. ALTERNATIVES 1. The Commission may 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 type of information that is required and move to continue the item to a future date. I The Commission may deny the project. The Commission should 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 I Categorical Exemption Attachment 4: Draft Resolution PC 2010-0014 Attachment 1: Location Map, General Plan and Zoning Pa/md qV q�e e .ate' o,Q �j Project Site a a� �[ Q Ardi//d '�' rpa�o Rd c r Zoning: Downtown Commercial (DC) General Plan Designation: Downtown (D) ttachment 2: Aerial Photo �i r rR ' } ` v r . 01 u Project Site W-1.00" Attachment 3: Categorical Exemption TO: ® File CITY OF ATASCADERO NOTICE OF EXEMPTION 6907 El Camino Real Atascadero, CA 93422 805.461.5000 Date Received for Filing FROM: City of Atascadero Community Development Department 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: Conditional Use Permit 2010-0249; Indoor Motorcycle Sales (Mobley's) Project Location: 5850 El Camino Real, Atascadero, CA 93422, San Luis Obispo County Project Description: The project consists of allowing the conditional use of an indoor auto and vehicle dealership located at 5850 El Camino Real within an existing building. Name of Public AgencyApproving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Charles Elliott (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 and 15305) Reasons why project is exempt: Class 1 of the California Environmental Quality Act (CEQA) exempts existing facilities and Class 5 of the California Environmental Quality Act (CEQA) exempts minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density. Contact Person: Katy Lewis, Planning Intern (805) 461-5000 ext. 2405 Date: June 8, 2010 Katy Lewis Planning Intern ATTACHMENT 4: Draft Resolution PC 2010-0014 DRAFT RESOLUTION PC 2010-0014 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT 2010-0249 / PLN 2010-1359 TO ALLOW INDOOR AUTO SALES WITHIN THE DOWNTOWN ZONE AT APN 030-181-033 (5850 El Camino Real / Manning / Elliott) WHEREAS, an application has been received from Applicant, Charles Elliott, (5850 El Camino Real, Atascadero, CA 93422) and Property Owner, William Manning (10855 Santa Lucia Road, Atascadero, CA 93422) to consider a project consisting of a Minor Conditional Use Permit to establish a indoor auto dealership use with accessory service and repair use (CUP 2010-0249); and, WHEREAS, the site's current General Plan Designation is Downtown (D); and, WHEREAS, the site's current Zoning is Downtown Commercial (DC); and, WHEREAS, a Minor Conditional Use Permit is required to establish a indoor auto and vehicle dealership use within the Downtown Commercial zone; and, WHEREAS, the proposed project qualifies for an Categorical exemption consistent with CEQA section 15301: Existing Facilities, and 15305: Minor modifications in land -use limitations; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Minor Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on June 15, 2010, studied and considered the Minor Conditional Use Permit 2010-0249, 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, and Class 5, Section 15305 Minor modifications in land -use limitations 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 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 June 15, 2010 resolved to approve the Minor Conditional Use Permit 2010-0249 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO, CA Heather Moreno Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval (PLN 2010-1359/CUP 2010-0249) Conditions of Approval / Timing Responsibility Mitigation Monitoring Program Monitoring FM: Final Map BL: Business License PS: Planning Services BS: Building Services 5850 El Camino Rea/ GP: Grading Permit FD: Fire Department PD: Police Department PLN 2010-1359/CUP 2010-0249 BP: Building Permit FI: Finallnspection CE: City Engineer TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney Planning Services 1. This Minor Conditional Use Permit shall be for an indoor auto and vehicle Ongoing PS use located on parcel 030-181-033 regardless of owner. 2. The approval of this use permit shall become final and effective for the Occupancy PS 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 applicant and/or subsequent owners shall defend, indemnify, and hold Ongoing PS 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. 4. The Community Development Department shall have the authority to Ongoing PS 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. 5. Approval of this Conditional Use Permit shall be valid for twenty-four (24) BL/13P PS 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 business license or building permit. 6. This Conditional Use Permit shall be for indoor auto and motorcycle sales BL / Ongoing PS only. All vehicle storage and sales shall be located within the building. No outdoor storage, display, or sales shall be permitted on-site on within the right-of-way adjacent to the building. 7. The conditional vehicle sales and service use shall not occupy more than Ongoing PS 50% of the floor area of the business. The remaining 50% of floor area shall be reserved for retail sales (not auto sales). 8. Vehicle service and repair shall be allowed on site only as accessory and Ongoing PS subordinate to the vehicle sales use. The service and repair area shall not occupy more than 20% of the floor area of the business. All service and repair operations shall be located within the building and shall not be performed outside in the parking lot or in the front or back of the building. 9. The applicant shall obtain a business license for the proposed vehicle sales BL PS / BS and service use. Conditions of Approval / Timing Responsibility Mitigation Monitoring Program Monitoring FM. Final Map BL: Business License PS: Planning Services BS: Building Services 5850 El Camino Rea/ GP: Grading Permit FD: Fire Department PD: Police Department PLN 2010-1359/CUP 2010-0249 BP: Building Permit FI: Final Inspection CE: City Engineer TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney 10. The applicant shall obtain a building permit for tenant improvements in order BL/13P BS to bring the service and repair shop area into compliance with all building and fire codes for the change of occupancy and use. The tenant improvement permit shall be inspected and finaled by the Building Department and the Fire Department prior to operating any service or repair of vehicles within the building. 11. All signs shall be brought into compliance with the standards set forth by Ongoing PS section 9-15.005 of the Zoning Ordinance. This includes the removal of existing non -conforming signs, outdoor display structures, and items in the street trees in the right-of-way. 12. The applicant shall obtain any sales permits and licenses through the BL PS Department of Motor Vehicles as required by the State prior to selling motorcycles, ATV's, or other vehicles on site. EXHIBIT B: Floor Plan