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Home My WebLink AboutPC_2007-11-06_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, November 6, 2007 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson O'Keefe Vice Chairperson Fonzi Commissioner Jack Commissioner O'Grady Commissioner Slane Commissioner Marks Commissioner Heatherington Chairperson will read the decorum guidelines PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA 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. 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 five 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) City of Atascadero Planning Commission Agenda CONSENT CALENDAR Regular Meeting November 6, 2007 Page 2 of 4 (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 16, 2007. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (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 five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. PLN 2007-1244, 6040 EL CAMINO REAL Owner: Patrick Gaughan, 10630 San Marcos Road, Atascadero, CA 93422 Applicant: Kevin Gogstetter, 2470 Homestead Road, Templeton, CA 93465 Project Title: PLN 2007-1244, CUP 2007-0218 Project 6040 EI Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-191-001 Project The proposed project consists of an application for a Conditional Use Permit to establish an Description: indoor auto and vehicle dealership for the purpose of selling motorcycles within an existing building at 6040 EI Camino Real. General Plan Designation: Downtown (D) Zoning District: Downtown Commercial (DC) Proposed Class 1, Categorical Exemption Section 15301: Existing Facilities Environmental Determination: City of Atascadero Planning Commission Agenda Regular Meeting November 6, 2007 Page 3 of 4 3. PLN 2007-1253, AMENDMENT TO CUP 1999-002,5000 SAN PALO ROAD Owner: Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422 Applicant: Pro RV Sales & Rentals, 1960 Ramada Dr., Paso Robles, CA 93446 Project Title: PLN 2007-1253/Amendment to CUP 1999-002 Project 5000 San Palo Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-225-008 Project An application for an Amendment to Conditional Use Permit 1999-002 to allow sales of Description• Recreational Vehicles (RV's) on a site currently approved for automobile sales. General Plan Designation: GC Zoning District: CT Proposed Class 1, Categorical Exemption Section 15301: Existing Facilities Environmental Determination: COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on November 20, 2007 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 November 6, 2007 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 Annex business hours at the Community Development counter 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. 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, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. 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 AGENDA ITEMS 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 podium. If you wish to speak for, against, or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 5 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will 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 Chairperson 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 Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). CALL TO ORDER ITEM NUMBER: 1 DATE: 11-6-07 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, October 16, 2007 — 7:00 P.M. Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner Marks led the Pledge of Allegiance. ROLL CALL Present: Commissioners Marks, O'Grady, Slane, and Chairperson O'Keefe Absent: Commissioners Heatherington, Jack, and Vice Chairperson Fonzi (all absences excused) Others Present: Recording Secretary Grace Pucci Staff Present: Community Development Director Warren Frace, Public Works Director / City Engineer Steve Kahn, Community Services Director Brady Cherry, Deputy Community Development Director Steve McHarris, Deputy Public Works Director Geoff English, and Associate Planner Kerry Margason. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner O'Grady and seconded by Commissioner Marks to approve the agenda. Motion passed 4:0 by a roll -call vote. PC Draft Minutes 10/16/07 Page 1 of 9 Chairperson O'Keefe read the decorum guidelines. DISCLOSURE OF EX PARTE COMMUNICATIONS: Commissioner Marks stated he visited the sites on Items #2, 3, and 4. He talked to Main Street Board Members Maria Hooper and Barbie Butz, Main Street Executive Director Steve Martin, and the applicant on Item #4. Chairperson O'Keefe stated she met with Mr. Gearhart and his consultant Jamie Kirk at the property because she needed questions answered for Item #5. Commissioner O'Grady visited all project sites, and with regard to Item #5, spoke with Council Member Ellen Beraud regarding the Council study session and specifically her interpretation of its position regarding tier one and tier two benefits. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 2, 2007. 2. APPROVAL OF TIME EXTENSION ON TENTATIVE TRACT MAP 2005-0068, 9300 PINO SOLO AND TTM 2003-0044, 9105 PRINCIPLE AVE., (PRINCIPLE PARTNERS, LP/WALLACE GROUP) Items pulled: Commissioner O'Grady, Item #2 MOTION: By Commissioner O'Grady and seconded by Commissioner Marks to approve Item #1 Motion passed 3:0 by a roll -call vote. (Slane abstained) Item #2 Commissioner O'Grady stated he would like to add a condition that would require this project to comply with the proposed Condominium Ordinance once it is approved, with the exception of construction started prior to the approval. Community Development Director Warren Frace indicated it would be problematic to add this condition because the final outcome of the Ordinance is not known and won't be for about two months. PC Draft Minutes 10/16/07 Page 2 of 9 MOTION: By Commissioner O'Grady and seconded by Commissioner Slane to approve Item #2 Motion passed 4:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 3. PLN 2099-1108,6575 SYCAMORE ROAD BMX TRACK Applicant: Atascadero BMX (ABMX) Tom Jordan, Jordan Environmental Services, 8255 Graves Creek Rd, Atascadero, CA 93422 Owner: Atascadero Mutual Water Company 5005 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2099-1108, Zone Change 2005-0108, Conditional Use Permit 2005-0168 Project 6575 Sycamore Road, Atascadero, CA 93422 Location: (San Luis Obispo County) Lot 10, 4 -RM -80A (APN 028-111-003) and Lot 11 4 -RM -81 A (APN 028-121-001) Project The project consists of an application for a Zone Text Amendment, a Zone Map Change, and Description: a Conditional Use Permit to establish a Planned Development Overlay Zone that would allow a dirt track for Bicycle Motocross (BMX) on an existing lot owned by Atascadero Mutual Water Company adjacent to the Salinas River. The Planned Development Overlay Zone Change would be site specific and include a Master plan of Development (CUP) that would include the construction of a BMX Track, a registration and concession building, portable restroom facilities, and a utility building. Overflow parking is proposed within the Caltrans right-of-way under the existing Highway 41 bridge across the Salinas River. No lighting is proposed as part of this project. General Plan Designation: Industrial (1) Zoning District: Industrial Park (IP) Proposed Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review at 6907 Determination: EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Deputy Community Development Director Steve McHarris provided the staff report and answered questions of the Commission. Community Services Director Brady Cherry gave a brief history of this project and answered questions of the Commission. all TI[00191lyiILTA 14►III I Tom Jordan, representing Atascadero BMX, spoke about BMX, the proposed track and structures, insurance, parking, and answered questions of the Commission. PC Draft Minutes 10/16/07 Page 3 of 9 Brett Riley explained that he has opened several BMX tracks, and spoke about what it takes to get a track running and keep it operating. Jerry Clay spoke in support of the track and addressed issues of noise, hours of operation, and safety. Susan Schroll stated she has been involved in BMX for six years and spoke about what it has meant to her son, other youth, and families in the area. Adam Verges stated he participates in the sport, spoke in support of the track, and explained the viewpoint of the younger members of the community regarding this track. Kevin Sousa said he lives close to this location, that the sound from the track is minimal, and that this would be a safe area for bicyclists. Terra Quinn expressed her support for the track and that BMX is a family oriented sport, positive for the community, and involves the children more than any other sport. Chairperson O'Keefe closed the Public Comment period. MOTION: By Commissioner Slane and seconded by Commissioner O'Grady to adopt Resolution PC 2007-0083 recommending the City Council certify Proposed Mitigated Negative Declaration 2006-0015; and, adopt Resolution PC 2007-0084 recommending the City Council introduce an ordinance for first reading by title only, to approve Zone Text Change 2005- 0108 to establish Planned Development Overlay Zone #31; and, adopt Resolution PC 2007-0085 recommending the City Council introduce an ordinance for first reading by title only, to approve Zone Map Change 2007-0143 based on findings: and, adopt Resolution PC 2007-0086 recommending the City Council approve Conditional Use Permit 2005-0168 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring, and with the condition that there will be non -motorized bikes only, and only one speaker for amplification. Motion passed 4:0 by a roll -call vote. Chairperson O'Keefe recessed the hearing at 8:17 p.m. Chairperson O'Keefe called the meeting back to order at 8:25 p.m. PC Draft Minutes 10/16/07 Page 4 of 9 4. PLN 2007-1244, 6040 EL CAMINO REAL Owner: Patrick Gaughan, 10630 San Marcos Road, Atascadero, CA 93422 Applicant: Kevin Gogstetter, 2470 Homestead Road, Templeton, CA 93465 Project Title: PLN 2007-1244, CUP 2007-0218 Project 6040 EI Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-191-001 Project The proposed project consists of an application for a Conditional Use Permit to establish an Description: indoor auto and vehicle dealership for the purpose of selling motorcycles within an existing building at 6040 EI Camino Real. General Plan Designation: Downtown (D) Zoning District: Downtown Commercial (DC) Proposed Class 1, Categorical Exemption Section 15301: Existing Facilities Environmental Determination: Deputy Community Development Director Steve McHarris gave the staff report and answered questions of the Commission. PUBLIC COMMENT Kevin Gogstetter, applicant, addressed issues raised by the Commission and spoke about his plans for the building. Chuck Ward spoke against the CUP because the proposed project or use is inconsistent with the character of the immediate neighborhood and its orderly development, and because of noise issues. Pat Gaughan, owner of the property, spoke about his use of the property over the last 25 years and stated he has never heard an objection in all that time. Karen Gogstetter, applicant, spoke about the hours of operation for this business, and that the motorcycles will not be started or worked on at this location so there will not be a noise issue for the hotel. Jamie Kirk stated she participated in developing the City's downtown guidelines, and that this type of use was considered at that time. She believes this is an appropriate use and that the building is what it is and has been upgraded from the previous use. Chairperson O'Keefe closed the Public Comment period. Commissioner Slane stated he would rather see a business go in at this location than have a vacant site, and is in favor of approving this project. PC Draft Minutes 10/16/07 Page 5 of 9 Commissioner O'Grady commented that this is a prime location in the downtown and this building and this use is inimical to potential investors and developers in Atascadero and does not measure up to the standards that have been recently raised in the City. Chairperson O'Keefe stated she has a problem with this request because a CUP goes with the property and there are uses that don't fit in with the downtown. She indicated she could not make the finding that this use fits in with the immediate neighborhood or with the General Plan goals for the downtown. MOTION: By Commissioner O'Grady and seconded by Chairperson O'Keefe to deny the project for the reasons that it is inconsistent with the provisions of the General Plan and is also not in character with the neighborhood. Motion passed 2:1 by a roll -call vote. (Slane opposed, Marks abstained) Commissioner Marks made the following statement for the record: "Over the years use of dirt bikes in neighborhoods has had such a negative impact on my family that at this point I don't think I can evaluate this agenda item without substantial negative bias and I think I must abstain from voting." 5. PLN -2099-0818,13000 ATASCADERO AVENUE Owner: Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422 Project Title: Eagle Creek Golf Course General Plan Amendment / Zone Change / Planned Development Amendment and Not Parcel Map PLN -2099-0818, General Plan Amendment 2005-0016, Zone Change 2005-0111, Conditional Use Permit 2005-0175, Tentative Parcel Map 2005-0080 Project 13000 Atascadero Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 045-391-015, 016 Project The proposed project consists of a General Plan Amendment of 10.0 acres from CREC Description: (Commercial Recreation) to RSF-Y (Residential Single -Family 1.0 acre min), Zone Change of 10.0 acres from LS (Special Recreation) to SFR -Y (Single -Family Residential 1.0 acre min), Amendment of the Master Plan of Development for Planned Development -8 to replace an existing golf course with two Single -Family Residences, and Parcel Map to subdivide 10.1 acres into two lots. The proposed project is located within the 100 -year flood plain. General Plan Designation: REC (Recreation) Zoning District: L (Recreation) Proposed Based on the above findings, and the information contained in the Initial Study 2007-0022 (made Environmental a part hereof by reference and on file in the Community Development Department), it has been Determination: determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project. PC Draft Minutes 10/16/07 Page 6 of 9 Community Development Director Warren Frace gave the staff report and answered questions of the Commission. PUBLIC COMMENT Jamie Kirk, applicant's representative, gave a PowerPoint presentation on the project and requested several changes to the Conditions of Approval regarding livestock and right of way. Ms. Kirk answered questions of the Commission. Lynne Dee Althouse, project biologist, and Casey Patterson, landscape architect, spoke about the design for the site and answered questions of the Commission. Kelly Gearhart spoke about the maintenance of the open space area, and suggested a maintenance bond could be set in place, checked and renewed annually. Doug Pierto, representing 17 homeowners in the Eagle Creek area, spoke about their concerns, made several suggestions, and stated the project as presented represents effective consensus building and that the neighbors appreciated having the opportunity to participate in the planning process. David Tissue stated the existing project has CC&R's which prohibit grazing animals. He commented that all who live there would like to see this project move forward as quickly as possible and that in its presents state the project is very viable and feasible. Chairperson O'Keefe closed the Public Comment period. MOTION: By Chairperson O'Keefe and seconded by Commissioner O'Grady to adopt Draft Resolution 2007-0089 recommending the City Council certify Proposed Mitigated Negative Declaration 2007-0022; and, adopt Draft Resolution 2007-0090 recommending the City Council approve General Plan Amendment 2005-0016 based on findings; and, adopt Draft Resolution 2007-0091 recommending the City Council introduce for first reading, by title only, a draft ordinance approving Zone Text Change 2005-0111 amending the PD -8 Overlay District based on findings; and, adopt Draft Resolution 2007-0092 recommending the City Council introduce for first reading, by title only, a draft ordinance approving Zoning Map Change 2005-0111 based on findings; and, adopt Draft Resolution 2007-0093 recommending the City Council approve Conditional Use Permit 2005-0175 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Draft Resolution 2007-0094 recommending the City Council approve Vesting Tentative Parcel Map 2005-0080 based on findings and PC Draft Minutes 10/16/07 Page 7 of 9 subject to Conditions of Approval and Mitigation Monitoring and adding the following conditions: 1. A requirement to add that the CC&R's be consistent with the existing tract; this condition added to the CUP and Map resolutions. 2. A requirement for a six year maintenance and management plan subject to city approval with a maintenance bond; this condition added to the CUP and Map. 3. A condition that the existing fence be repaired; amendment to Condition #10 of the CUP. 4. Limited grazing of animals allowed for annual fuel management will be permitted; this condition added to the zone change text, the CUP and the Map. Motion passed 4:0 by a roll -call vote. 6. PLN 2006-1111, CONDOMINIUM ORDINANCE UPDATE Applicant: City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422, Phone: 461-5000 Project Title: PLN -2006-1111 /Zone Change 2006-0118 Project The proposed zoning changes would affect the RMF -10 and RMF -16 Multi -Family Zoning Location: Districts Citywide. Project The purpose of the hearing is to review a draft Condominium Ordinance resulting from the Joint Description: Planning Commission and City Council meeting on February 20, 2007. The City's existing condominium regulations are proposed to be updated and codified in Title 9 of the City's Municipal Code. The Planning Commission will be making recommendations to the City Council on the Draft Ordinance. Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. Barbara Kautz of Goldfarb and Lipman gave a presentation on the Condominium Ordinance and answered questions of the Commission. PUBLIC COMMENT Mark Gibbs asked if there were a plan regarding the percentage of condo conversions that would be for inclusionary housing. Chairperson O'Keefe closed the Public Comment period. MOTION: By Commissioner O'Grady and seconded by Commissioner Marks to adopt Resolution PC 2007-0087, recommending that the City Council introduce an Ordinance for first reading by PC Draft Minutes 10/16/07 Page 8 of 9 title only to approve PLN 2006-1111 (Zone Change 2006-0118) based on findings, and with the following conditions: 1. Conditional Use Permit will be required for all condominiums and condominium conversions regardless of size. 2. Change of noticing requirements to conform to state law. 3. For condominium conversions of four or less the requirements for physical condition, noticing and tenant protections would apply. 4. Removal of 9-12.101(i) regarding condominium plans. 5. Affordable units within the Redevelopment Project Area would meet redevelopment standards. 6. Tenant protections apply not only to existing tenants, but to all tenants. Motion passed 4:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Chairperson O'Keefe referred to the Andy Fetyko project on the north end of EI Camino Real and stated that the windows of this historic house have not been covered and there has already been rain. She asked staff if something could be done. Community Development Director Frace indicated that staff's approach would be to direct the applicant to secure the site for the winter in terms of the Storm Water Protection Plan and also to secure the Colony house to minimize water and other damage. DIRECTOR'S REPORT Director Frace reported that the Santa Ana map denied by the Planning Commission was appealed to the City Council, which upheld the Commission's decision and denied the map. He stated the agenda for the next Commission meeting is still being organized and that meeting would be in three weeks. ADJOURNMENT Chairperson O'Keefe adjourned the meeting at 10:51 p.m. to the next regularly scheduled meeting of the Planning Commission on November 6, 2007. MINUTES PREPARED BY: Grace Pucci, Recording Secretary PC Draft Minutes 10/16/07 Page 9 of 9 ITEM NUMBER: 2 DATE: 11-6-07 Atascadero Planning Commission Staff Report - Community Development Department PLN 2007-12441 Conditional Use Permit 2007-0218 EI Camino Real Indoor Motorcycle Sales Conditional Use Permit 2007-0218 6040 EI Camino Real (Gaughan / Gogstetter) SUBJECT: The proposed project consists of an application for a Conditional Use Permit to establish an indoor motorcycle dealership within an existing building at 6040 EI Camino Real. RECOMMENDATION: Staff Recommends: Planning Commission adopt Resolution PC 2007-0082 approving Minor Conditional Use Permit 2007-0218 based on findings and subject to Conditions of Approval. Situation and Facts 1. Owner: Patrick Gaughan, 10630 San Marcos Road, Atascadero, CA 93422 2. Applicant: Kevin Gogstetter, 2470 Homestead Road, Templeton, CA 93465 3. Project Address: 6040 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 030-191-001 4. General Plan Designation: Downtown (D) 5. Zoning District: Downtown Commercial (DC) 6. Site Area: 0.166 acres 7. Existing Use: Vacant 8. Environmental Status: Class 1, Categorical Exemption Section 15301: Existing Facilities DISCUSSION: Proiect Definition The proposed project consists of a request to establish an indoor motorcycle dealership at 6040 EI Camino Real. The application proposes all motorcycles and accessory merchandise to be displayed and sold inside the existing building. Background On October 16, 2007, staff presented the proposed project to the Planning Commission as a public hearing item. Four Commissioners were present and three were absent. After public testimony, the Commission voted 2-1 for project denial. At the time of vote, Commissioner Marks abstained for reason of conflict. The City Attorney has determined that the motion to deny the project failed due to lack of quorum. The project was scheduled for a new hearing on November 6, 2007. During the public hearing several important issues were discussed. Staff received additional questions from the Planning Commission after the public hearing. Staff has itemized these issues/comments below, along with staff comments and additional information. Issue: Request for a legal opinion as to whether the property is in violation of City Ordinance by containing motorcycles and related merchandise within the existing building, prior to Planning Commission consideration. Staff Comment: The City Attorney has reviewed the municipal code and visited the site. According to the City Attorney, the only use that requires a Conditional Use Permit for this business is the sale of motorcycles. It is understood that until the City approves a CUP the DMV will not give the applicant the authority to sell motorcycles from this location. There is no evidence that any sales of motorcycles have taken place. The storage of motorcycles is not prohibited. All other retail merchandise business is allowable without a CUP. The applicant has applied for and received a business license. The business license is not a license in the sense of permission to do something; it is actually a tax that is required before doing business. In summary, there is no evidence that there are any Code Violations at the property. The applicant is free to open his retail business if he chooses to do so, so long as he does not sell motorcycles, unless and until, a CUP is granted. The purpose of requiring a CUP is to apply conditions to certain uses to provide compatibility with the downtown. Issue: The motorcycle sales and merchandise use is inconsistent with the surrounding neighborhood. Staff Comment: The project site is located at the southeast corner of EI Camino Real and Traffic Way. The general area is in transition with business uses ranging from auto repair and sales to the Carlton Hotel. Downtown zoning and City improvements such as the EI Camino Streetscape are designed to promote downtown revitalization. However, change has been incremental as reflected in the adjacent uses which follows: • North — Across Traffic Way is a used vehicle sales lot and an auto repair shop. • South — A chain link fenced vacant dirt lot is next to the project site. Beyond the vacant lot is a retail window store. • East — Across EI Carrion Real is the recently completed Carlton Hotel which includes restaurant and retail services. This portion of EI Camino Real has also been improved with new downtown -themed streetscape and lighting. • West — The rear of the site is a vacant lot with U.S. Highway 101 beyond. The proposed indoor sales of motorcycles and merchandise within the existing on-site building is compatible with the existing downtown setting. Issue: Consistency with the City's Goals, the General Plan goals, Downtown Revitalization Plan, and the Atascadero Main Street Program in support of downtown development. Staff Comment: General Plan Policy 4.1 states, "Cooperate with the Atascadero Main Street Organization to promote downtown as the City's cultural, entertainment, and commercial center, and to concentrate governmental facilities downtown". The Atascadero Main Street Association has also notified staff that their Board of Directors voted unanimously to support the proposed motorcycle sales CUP on October 17, 2007. In addition, the Downtown Revitalization Plan identifies the Main Street approach as incremental in nature and gradual over a period of years. The Main Street approach relies on a series of small improvements, making the area's investment climate more favorable. Although the proposed use permit does not include new construction, it does propose to improve a dated service station as an interim retail use until such time that redevelopment and reconstruction of the site becomes economically feasible and amenable to the property owner. Issue: Could the proposed use be transferred to different business owners in the future? Staff Comment: Yes; however, since the applicant is asking only for indoor motorcycle sales, a Condition of Approval has been included to identify the CUP approval only for indoor motorcycle sales. Any other type of vehicle sales would require Planning Commission approval (amendment to the CUP). Issue: What type of appearance review was performed by staff for the proposed project? The Main Street Association should have had some input on the appearance. Staff Comment: As a currently developed site, the applicant is only asking for a use permit for the indoor motorcycle sales use, and not for the construction/appearance review of new facilities. As such, staff worked with the applicant regarding minor on-site color and landscape improvements. The applicant has proposed the following improvements, some of which have been completed on-site: • Dark green and beige paint to compliment existing flagstone building fagade; • Remove and/or improve metal pipe bollards; • Remove driveway chains; • Remove window tint; • Provide minimal window signage; • Trim existing shrubs; • Re -surface blacktop surface; • Remove illegal shed addition; and • Replant existing planters and add potted plants. There is no existing code or policy requirement for appearance review by the Atascadero Main Street Association; however, they have been notified of the proposed CUP application and have the ability to submit comments or concerns. I nr,afinn Surrounding Land Use and Setting: North: Downtown Commercial South: Downtown Commercial East: Downtown Commercial West: Highway 101 The project site is within the Downtown General Plan Land Use Designation and Downtown Commercial Zoning District, which conditionally allows indoor dealerships if the required findings can be made. Analysis The site plan has been designed to meet the requirements of the Atascadero Municipal Code. The site is exempt from screening requirements for the reason that it is all located indoors. The site plan includes 5 paved, on-site parking spaces. Access will be provided off existing driveways of EI Camino Real and Traffic Way. *we WW fe move . a Yl aYNy 0 he v&rt'OuS pole5 4ickil D4 a5 We eovv Q> I s" SZ Q� � s Vi Z � The applicant has also proposed minor on-site improvements that will help improve the existing appearance and bring the property into code compliance. Some of these improvements include: removing various poles on the site, removing an unpermitted addition, removing debris, mowing the vacant lot, painting the exterior, removing reflective window tint, and adding planters in various locations (see attachment 4). Findings A Conditional Use Permit is required for all conditionally allowed uses to ensure compatibility with the surrounding neighborhood and mitigatable impacts such as traffic, noise, and overall project appearance. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals such as architectural design, site design, landscape, signage, and specific standards of the Zoning Ordinance. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan. Staff Comment: The proposed indoor motorcycle sales use is consistent with the General Plan Policy 4.1 which states, "Cooperate with the Atascadero Main Street Organization to promote downtown as the City's cultural, entertainment, and commercial center, and to concentrate governmental facilities downtown". As previously mentioned, the Atascadero Main Street Association approves of the use. In addition, the Downtown Revitalization Plan identifies the Main Street approach as incremental in nature and gradual over a period of years. The indoor sales use can be considered a small improvement, until such time that the area's investment climate becomes more favorable toward complete redevelopment of the site. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the proposed indoor motorcycle sales use satisfies all Conditional Use Permit provisions for an indoor auto and vehicle 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 area surrounding the project site is in transition with business uses ranging from auto repair and sales to the Carlton Hotel. Downtown zoning and city improvements such as the EI Camino Streetscape are designed to promote downtown revitalization. However, change has been incremental as reflected in the adjacent uses. The proposed indoor motorcycle sales use will not be detrimental to the general public or working person's health, safety, or welfare 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The existing improvements are not proposed to change. The applicant has only proposed minor building code compliance, painting and landscaping improvements. As such, the sales of motorcycles and merchandise inside of the existing building can be considered consistent with the downtown character of the immediate neighborhood. Staff also notes the general area is in transition with business uses ranging from auto repair and sales to the Carlton Hotel. Downtown zoning and City improvements such as the EI Camino Streetscape are designed to promote downtown revitalization. Change has been incremental as reflected in the adjacent uses. The proposed use can be considered part of this incremental change until redevelopment of the site becomes feasible by the property owner. 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 is consistent with the traffic projections and road improvements anticipated within the General Plan. The project site is an existing developed site along a currently developed portion of EI Camino Real and Traffic Way. Environmental Determination CEQA exempt: Article 19. Categorical Exemptions, Class 1, Section 15301: Existing Facilities Conclusion Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of the indoor motorcycle sales use in the form of a Conditional Use Permit can be made. As a Use Permit request, the applicant does not request approval of new construction, but rather for permission to conduct a retail business with minor on- site appearance improvements to a vacant former service station site. In addition, it is the City Attorney's opinion that the purpose of requiring a CUP is to apply conditions to certain uses to help the downtown, not to forbid the uses and make them illegal. The proposed project can be found consistent with the General Plan, Municipal Code, and the Downtown Revitalization Plan as analyzed within this staff report. It is staff's opinion that the proposed project, as conditioned allows the Planning Commission to make all of the required findings for project approval. 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. 3. 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. PREPARED BY: Steve McHarris, Deputy Community Development Director ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Aerial Attachment 3: Class 1, Categorical Exemption Attachment 4: Site Improvements Attachment 5: Draft Resolution PC 2007-0082 Attachment 1: Location Map, General Plan and Zoning Zoning: Downtown Commercial (DC) General Plan Designation: Downtown (D) Attachment 2: Aerial f Proposed � } Location NA�t 46 t.��': l� ' AL Attachment 3: Class 1, Categorical Exemption CITY OF ATASCADERO .. NOTICE OF EXEMPTION 6907 El Camino Real Atascadero, CA 93422 805.461.5000 Date Received for Filing TO: ® File FROM: Mathew Fawcett, Planning Technician 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: Conditional Use Permit 2007-0218 Project Location: 6040 El Camino Real, Atascadero, CA 93422, San Luis Obispo County Proiect Description: The project consists of allowing the use of a indoor auto and vehicle dealership located at 6040 El Camino Real. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Kevin Gogstetter (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. 15303(d, e)) Reasons why project is exemp : Class 1 of the California Environmental Quality Act (CEQA) (Section 15301, Existing Facilities) exempts the permitting or leasing of public or private structures or facilities involving no expansion of use beyond that existing at the time of the lead agency's determination. Contact Person: Mathew Fawcett, Planning Technician (805)4 1-5000 ext. 2406 Date: October 2, 2007 % Mathew Fawcett Planning Technician ATTACHMENT 4: Site Improvements :0 fill remove all NOA5 -+O(eO Vl up lacnNeCk pc to ;9t:,,3/2007 14: 39 ATTACHMENT 4: Site Improvements ATTACHMENT 4: Site Improvements ATTACHMENT 5: Draft Resolution PC 2007-0082 DRAFT RESOLUTION PC 2007-0082 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING PLN 2007-1244 / CONDITIONAL USE PERMIT 2007-0218 APN 030-191-001 6040 El Camino Real (Gaughan / Gogstetter) WHEREAS, an application has been received from Kevin Gogstetter, 2470 Homestead Road, Templeton, CA 93465, (Applicant) and Patrick Gaughan, 10630 San Marcos Road, Atascadero, CA 93422 (Property Owner) to consider a project consisting of a Conditional Use Permit to establish an indoor motorcycle dealership use (CUP 2007-0218); 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 Conditional Use Permit is required to establish an indoor auto and vehicle dealership use within the Downtown Commercial zone; and, WHEREAS, the proposed use is CEQA exempt: Article 19. Categorical Exemptions, Class 1, Section 15301. Existing Facilities; 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 November 6, 2007, studied and considered the Minor Conditional Use Permit 2007-0218, 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 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 Plan; 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 November 6, 2007 resolved to approve the Conditional Use Permit 2007- 0218 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: On -Site Improvements 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 Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval (CUP 2007-0218) Conditions of Approval / Timing Responsibility / Mitigation Mitigation Monitoring Program Monitoring Measure FM: Final Map BL: Business License PS: Planning Services BS: Building Services 6040 El Camino Real GP: Grading Permit BP: Building Permit FD: Fire Department PD: Police Department PLN 2007-1244/CUP 2007-0218 FI: Final Inspection TO: Temporary CE: City Engineer Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Planning Services 1. This Conditional Use Permit shall be for indoor motorcycle sales located FM PS on parcel 030-191-001 regardless of owner. Any other type of indoor automobile sales is not included in this Conditional Use Permit. 2. The approval of this use permit shall become final and effective for the FM 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 Community Development Department shall have the authority to BP/FM PS, CE 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 and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) BP/FM 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 building permit. 5. All vehicle storage is to be located within the structure as shown in Exhibit Ongoing PS B. No outdoor storage is to be located on-site. 6. All on-site improvements shall be done, as shown in Exhibit C. Existing PS PS detached canopy to match dark green trim color. On-site black -top to be resurfaced. EXHIBIT B: Site Plan ATTACHMENT C: On -Site Improvements )1,11v O remove cW -,-C(eavi (gyp AV 44- 2� C. µ: � y ATTACHMENT C: On -Site Improvements Nei+�r� f WV 00lo r gfetYl -W04 � a w � 1► � � s ITEM NUMBER: 3 DATE: 11-6-07 Atascadero Planning Commission Staff Report - Community Development Department PLN 2007-1253 Recreational Vehicle Sales Lot Use Amendment to Conditional Use Permit 99-002 5000 San Palo Road Pro RV Sales & Rentals (Gearhart / Hubnik) SUBJECT: The proposed project consists of an application to amend Conditional Use Permit 99- 002 to allow recreational vehicle sales use on an existing 1.50 acre automobile sales lot located at 5000 San Palo Road. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2007-0096 approving PLN 2007-1253 based on findings and subject to Conditions of Approval. Situation and Facts 1. Owner: Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422 2. Applicant: Gary Hubnik, Pro RV Sales and Rentals, 1960 Ramada Drive, Paso Robles, CA 93446 3. Project Address: 5000 San Palo Road, Atascadero, CA 93422 (San Luis Obispo County) APN 049-225-008 4. General Plan Designation: General Commercial (GC) 5. Zoning District: Commercial Tourist (CT) 6. Site Area: 1.5 acre combined area of both lots 7. Existing Use: Vacant automobile sales lot 8. Environmental Status: Class 1, Categorical Exemption Section 15301: Existing Facilities DISCUSSION: Project Definition The proposed project consists of a request to amend Conditional Use Permit 99-002 to allow for the sale and rental of recreational vehicles. Background Conditional Use Permit 99-002 was approved by Planning Commission on April 20, 1999 to allow a new 2,880 square foot building and a 20,000 square -foot sales lot area for automobile sales on the subject site at 5000 San Palo Road The project was appealed to the City Council on April 26, 1999 due to concerns about levels of traffic in the area and the potential for customers to test drive vehicles in the nearby residential neighborhood. The project was approved by the City Council on May 25, 1999 and the site was developed as proposed. On April 4, 2000, the CUP was amended to allow an additional 15,000 square -foot automobile sales lot on an adjacent 0.5 acre site at 6000 San Palo Road in conjunction with Central Coast Auto. The site was used as an automobile sales lot until late 2006 / early 2007, when the Mitsubishi dealer closed. The sales lot facility is currently vacant. Location Surrounding Land Use and Setting: North: Commercial Tourist South: Residential Single Family - Z East: U.S. Highway 101 West: Commercial Tourist The project site is within the General Commercial (GC) General Plan Land Use Designation and Commercial Tourist (CT) Zoning District, which conditionally allows the sale of recreational vehicles if the required findings can be made. Analysis The Atascadero Municipal code includes separate definitions for automobile sales and recreational vehicle sales. Recreational vehicles sales are identified in the definition of "sales lots." See definitions below (AMC Article 29. 9-3.701) Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments selling new and used automobiles, including, but not limited to, light trucks, motorcycles and mopeds. Also includes establishments selling new parts and accessories within a building for the above. Does not include establishments dealing exclusively in used parts. Includes automobile repair shops only when maintained by establishment engaged in the sale of vehicles on the same site. Does not include "service stations, " which are separately defined. Sales Lots. Sales lots consist of any outdoor sales area for permanent display of recreational vehicles, recreational and utility trailers, motorized farm equipment, boats, heavy commercial trucks (over one ton), mobile homes, construction equipment, or other heavy equipment; outdoor equipment rental yards; or large scale temporary or permanent outdoor sales activities, including, but not limited to, swap meets and flea markets. Both the automobile sales use and the recreational vehicles sales lot use require a Conditional Use Permit in the Commercial Tourist Zone. Since the original Use Permit was only approved for auto sales, the applicant is proposing to amend the use to also include the sale of recreational vehicles. If approved, the site would be permitted for both automobile and recreational vehicle sales. Staff has added a condition to the attached resolution which states that the sales lot use shall only be permitted for a permanent outdoor sales facility for the sale or rental of recreational vehicles, recreational and utility trailers, motorized farm equipment, boats, heavy commercial trucks, and mobile homes. Construction equipment or other heavy equipment sales, outdoor equipment rental yards, and temporary outdoor sales activities, including, but not limited to, swap meets and flea markets shall not be allowed to take place on-site as part of this Conditional Use Permit. (Condition #1.) Article 11. CT (Commercial Tourist) Zone 9-3.241 Purpose. This zone is established to provide for limited commercial uses intended primarily to serve the public traveling along Highway 101. (Ord. 68 § 9-3.241, 1983) 9-3.243 Conditional uses. The following uses may be allowed in the Commercial Tourist Zone. The establishment of conditional uses shall be as provided by Section 9-2.109: (a) Amusement services; (b) Auto, mobilehome and vehicle dealers and supplies (see Section 9-6.163); (c) Bar/tavern; (d) Eating and drinking places with drive-through facilities; (e) Health care services; (f) Sales lots (see Section 9-6.139); (g) Caretaker's residence (see Section 9-6.104); (h) Pipelines. (Ord. 509 § 2, 2007: Ord. 473 § 2 (part), 2005: Ord. 68 § 9-3.243, 1983) The site plan is proposed to remain as originally approved by the 1999 Conditional Use Permit. The main office building is located at 5000 San Palo Road. The outdoor sales lot includes landscaping along San Palo Road, which was conditioned as part of the original Conditional Use Permit. The site paving and landscaping requirements for an automobile sales lot and a recreational vehicles sales lot are the same. Both uses require that the sales lot be surfaced with concrete or A.C. paving. A ten -foot wide landscaping strip is to be provided adjacent to all street property lines. These requirements were identified with the original Conditional Use Permit. Due to the closing of the auto dealership on-site, the landscaping has not been maintained for several months. Staff has conditioned this Conditional Use Permit to include replanting and maintenance of the landscaping in accordance with the original CUP 99-002 approved for the site (Condition #6). Any major changes to the site or structures will required an Amendment to the Conditional Use Permit. eZe: :::: �� ■ �'■ fir. ��1�II�li - . ��.:;-: � ii -....4 ■ �:��:,•�:��liiil�i��u i u�-u►��lui�i�i�Il�llllillllllllllllllll IIIIIIII��iu�ll��u��„ :.. .� art■� �■- ■ Approved Elevations: CUP 99-002 HMWPIY °w s=.�----•----- � • woo — ._. _ -. t A*Bk �....�•.: \ ` t \ \ \zap ��\� t i1 J DnMG wro DEUFesen ----_— - \ t I L J Approved Site Plan: CUP 99-002 Findings A Conditional Use Permit is required for all conditionally allowed uses to ensure compatibility with the surrounding neighborhood and mitigatable impacts such as traffic, noise, and overall project appearance. Conditional Use Permits for larger projects and new developments are required to establish a Master Plan of Development for the site. In circumstances where the site has already been developed, a Conditional Use Permit is used to apply for a new conditionally allowed use or business. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan. Staff Comment: The proposed RV sales lot use is consistent with the General Plan's General Commercial Land Use Designation. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the proposed RV sales lot use satisfies all Conditional Use Permit provisions for a sales lot. The site was previously developed to meet the site design standards for an automobile sales lot, which encompasses the same requirements as a RV sales lot. 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 subject site is directly off the 101 freeway, on a site which was previously occupied by an automobile sales lot. The proposed RV sales use will not be detrimental to the general public or working person's health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The original Conditional Use Permit 99-002 approved the existing site design and confirmed that auto mobile sales met the standards for neighborhood compatibility. There are no changes to the site plan proposed at this time. Staff believes that a recreational vehicle sales lot would also be appropriate for the site and compatible with the surrounding neighborhood. Swap meets and other temporary events, which could conflict with the adjacent hotel and residential zone, are not allowed with this CUP amendment (Condition #1.) The sale of recreational vehicles on this site 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. Staff Comment: The proposed RV sales lot use is consistent with the traffic projections and road improvements anticipated within the General Plan. The project site is an existing developed site along a currently developed portion of San Palo Road. Environmental Determination CEQA exempt: Article 19. Categorical Exemptions, Class 1, Section 15301: Existing Facilities. Conclusion Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of the RV sales lot use in the form of a Conditional Use Permit can be made. As a Use Permit request, the applicant does not request approval of new construction, but rather for permission to conduct a new retail -type of business in an existing vacant automobile sales lot. The proposed project can be found consistent with the General Plan and Municipal Code as analyzed within this staff report. It is staff's opinion that the proposed project, as conditioned allows the Planning Commission to make all of the required findings for project approval. 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. 3. 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. PREPARED BY: Callie Taylor, Associate Planner ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Aerial Attachment 3: Site Photos Attachment 4: Class 1, Categorical Exemption Attachment 5: CUP 99-002 Original Conditions and 2000 Amendment Conditions Attachment 6: Draft Resolution PC 2007-0096 Attachment 1: Location Map, General Plan and Zoning General Plan Designation: General Commercial (GC) Zoning District: Commercial Tourist (CT) Attachment 2: Aerial Attachment 3: Site Photos: October 26, 2007 Attachment 3: Site Photos: October 26, 2007 Attachment 4: Class 1, Categorical Exemption CITY OF ATASCADERO all in i,;,. +. . to r7 NOTICE OF EXEMPTION ` �SCSDI g0 6907 EI Camino Real Atascadero, CA 93422 805.461.5000 Date Received for Filing TO: ® File RECEIVED FROM: Callie Taylor, Associate Planner OCT 2 g 2007 City of Atascadero 6907 EI Camino Real IMUNWDEVELOPWNT Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Project Title: PLN 2007-1253; Amendment to CUP 99-002 Proiect Location: 5000 San Palo Road, Atascadero, CA 93422, San Luis Obispo County Project Description: The proposed project consists of an application to amend Conditional Use Permit 99-002 to allow the sale of recreational vehicles in an existing building and automobile sales lot. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Gary Hubnik, Pro RV Sales and Rentals (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. 1530 1) Reasons why project is exempt: Class 1 of the California Environmental Quality Act (CEQA) (Section 15301, Existing Facilities) exempts the permitting or leasing of public or private structures or facilities involving no expansion of use beyond that existing at the time of the lead agency's determination. Contact Person: Callie Taylor, Associate Planner (805)470-3448 Date: October 26, 2007 cq,,� —1 Callie Taylor Associate Planner Attachment 5: CUP 99-002 Original Conditions EXHIBIT B Resolution No. PC 1999-013 Conditions for Conditional Use Permit 99002 April 20, 1999 CONDITIONS Engineering Division: All public and drainage improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 2. The applicant shall enter into an Plan Check/Inspection agreement with the City. Prior to recordation of the parcel map, all outstanding plan check/inspection fees shall be paid. 3. The applicant shall be responsible for the relocation and/or alteration of existing utilities. All new utilities (water, gas, electric, cable TV, telephone, etc.) shall be installed underground or as approved by the Community Development Director. 4. The applicant shall submit a grading and drainage plan, prepared by a registered civil engineer, for review and approval by the City Engineer prior to the issuance of building permits. The applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC) prior to the final inspection. 5. The San Palo Road property frontage shall be improved in conformance with the plans accepted by the City Engineer, prepared by Cannon Associates, dated 02/25/99. The street improvements shall be accepted as complete by the City Engineer prior to final inspection. 6. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 7. The applicant shall acquire title or interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress or egress is affected by these improvements. 8. Drainage from the project site shall not be permitted to flow over any sidewalk, driveway approach or pedestrian walkway within the public right-of-way unless otherwise approved by the City Engineer. Attachment 5: CUP 99-002 Original Conditions Community Development: 9. The planter along the rear (southwesterly) property line shall be enlarged to at least six feet wide, and the landscape plans shall include additional medium -height shrubs and trees, with the intent of increasing screening between properties, to the approval of the Community Development Department. 10. Any exterior lighting must be designed to eliminate glare onto the adjacent street or nearby properties, to the approval of the Community Development Department. Display area lighting standards shall not exceed 22' in height. 11. Any loudspeaker system used for communication with salespeople outside shall be turned off after 6:00 p.m. every night. 12. The southeasterly driveway shall be eliminated. Only one access to the site shall be provided, unless otherwise approved by the Community Development Director. Attachment 5: CUP 99-002 2000 Amendment Conditions Exhibit A Conditions of Approval Reconsideration of Conditional Use Permit 99002 2650 & 2600 EI Camino Real Community Development Conditions: 1. All development shall be consistent with proposed site plan and elevations as shown in Exhibit B, with the fo-llowing exceptions: a. Drainage plans to be reviewed and approved by Community Development department and City Engineer. 2. This use permit grants a temporary occupancy to use the site for automotive sales display for sixty days following Planning Commission Approval or until an approved building permit has been issued and finaled. All allowed uses shall expire on the subject property (APN 049-222-046) on June 17, 2000 if a building permit, including all required Conditional Use Permit conditions herein have not been completed. 3. 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. 4. The granting of this Conditional use Permit shall apply only to the site located at 6000 San Palo (APN 049-222-046). 5. The Community Development Director shall have the authority to approve minor changes to the project that (1) increase the intensity of the 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 Conditional Use Permit. 6. A landscapciirrigation plan shall be reviewed and approved by the Community Development Department (building permit review). Landscaping shall be developed consistent with Exhibit `B" with the following landscaping to be planted in reasonable quantities: a. 15 gallon Coast live oak trees to be planted 35 feet on center near bottom of slope at San Palo frontage. b. Five gallon size Ceanothus shrubs to be planted on the slope area. c. One gallon size Trailing Rosemary to be planted on the slope area. Attachment 5: CUP 99-002 2000 Amendment Conditions Engineering Conditions: 16. All public improvements and drainage improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 17. The applicant shall enter into a Plan Check/Inspection agreement with the City. 18. Prior to issuance of building permits, plans shall be submitted for review and approval by the City Engineer for all improvements required by these conditions of approval. Plans shall be prepared by a registered civil engineer and shall be prepared in conformance with City Standards. 19. Prior to the final inspection, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC) prior to the final inspection. 20. Offers -of -dedication shall be provided for all public improvements which are constructed outside of existing rights-of-way. 21. Easements shall be provided as needed to accommodate cut or fill slopes, and or property development which cross property boundaries. 22. The applicant shall acquire title or interest in any off-site land that may be required to allow for the construction of the improvements required by these conditions of approval. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress or egress is affected by these improvements. 23. The applicant shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. 24. The applicant shall submit the drainage calculations needed to demonstrate that existing drainage facilities have adequate capacity to convey the total flow from the fully developed site and adjacent watershed without adverse affect on other properties. 25. All storm drain facilities shall be designed and constructed in conformance with City Standards. An encroachment permit will be required for any drainage onto City Right of Way. 26. The applicant shall submit the drainage calculations needed to demonstrate that the 100 -year design flow can be safely conveyed across the project site. ATTACHMENT 6: Draft Resolution PC 2007-0096 DRAFT RESOLUTION PC 2007-0096 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 99-002 / PLN 2007-1253 APN 049-225-008 Pro RV Sales and Rentals 5000 San Palo Rd. (Gearhart / Hubnik) WHEREAS, an application has been received from Gary Hubnik of Pro RV Sales and Rentals, 1960 Ramada Dr., Paso Robles, CA 93446 (Applicant), and Kelly Gearhart, 6205 Alcantara, Atascadero, CA 93422 (Owner) to consider a project consisting of an Amendment to Conditional Use Permit 99-002 to allow for a recreational vehicle sales lot use; and, and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); WHEREAS, the site's current Zoning is Commercial Tourist (CT); and, WHEREAS, an amendment to Conditional Use Permit 99-002 is required to establish a recreational vehicle sales lot within the Commercial Tourist zone; and, WHEREAS, the proposed use is CEQA exempt: Article 19. Categorical Exemptions, Class 1, Section 15301. Existing Facilities; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit Amendment 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 Amendment; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 6, 2007, studied and considered the Conditional Use Permit Amendment (PLN 2007-1253), 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 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 Plan; 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 November 6, 2007 resolved to approve the PLN 2007-1253, an Amendment to CUP 99-002 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: CUP -002 approved Site Plan EXHIBIT C: CUP -002 approved Elevations 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 Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval (PLN 2007-1253 / Amendment to CUP 99-002) Conditions of Approval / Timing Responsibility/ Mitigation Monitoring Program Monitoring FM: Final Map BL: Business License PS: Planning Services BS: Building Services 5000 San Palo Road GP: Grading Permit FD: Fire Department PD: Police Department PLN 2007-1253 BP: Building Permit FI: Final Inspection CE: City Engineer TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Amendment to CUP 99-002 Planning Services 1. In addition to the auto sales use previously allowed by CUP 99-002, recreational BL, ongoing PS vehicles sales lot is added to the allowed uses on the site at APN 049-225-008, regardless of owner. The sales lot use shall consist of a permanent outdoor sales facility for the sale or rental of recreational vehicles, recreational and utility trailers, motorized farm equipment, boats, heavy commercial trucks, and mobile homes. The following shall not be allowed to take place on site as part of the approval of this sales lot use: construction equipment or other heavy equipment sales, outdoor equipment rental yards, and temporary outdoor sales activities, including, but not limited to, swap meets and flea markets. 2. The approval of this use permit shall become final and effective for the purposes BL PS 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 to approve BP/GP PS, CE 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 and any associated Tentative Maps unless appealed to the City Council. 4. All conditions identified with the original CUP 99-002 and previous amendments ongoing PS shall remain in effect 5. Any changes to the site plan or structures shall require an amendment to the ongoing PS Conditional Use Permit. 6. Landscaping shall be replanted and maintained in accordance with the original BL PS CUP conditions. EXHIBIT B: Site Plan �j. J / ,1 I � I i II ' i �j. EXHIBIT C: Elevations 1N3MdO13AM 1VVNtlV39 An371 1i19l II3BOi�