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HomeMy WebLinkAboutPC_2015-04-21_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, April 21, 2015 – 7:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor (Enter on Lewis Ave./Jr. High School Side) Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Mark Dariz Vice Chairperson Jan Wolff Commissioner David Bentz Commissioner Duane Anderson Commissioner Jerel Seay Commissioner Charles Bourbeau Commissioner Dennis Schmidt APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) PLANNING COMMISSION BUSINESS City of Atascadero Planning Commission Agenda Regular Meeting, April 21, 2015 Page 2 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF DRAFT ACTION MINUTES OF APRIL 7, 2015 COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, P arcel 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 inv ited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and th e Commission will discuss the item and take appropriate action(s).) 2. PLN 2015-1543 - CONDITIONAL USE PERMIT FOR AN OVERSIZED ACCESSORY STRUCTURE AT 9101 SAN GABRIEL ROAD Property Owner/Applicant: George Molfino, 6305 Flores Road, Atascadero, CA 93422 Project Title: PLN 2015-1543 / Conditional Use Permit 2015-0289 Project Location: 9101 San Gabriel Rd., Atascadero, CA 93422 San Luis Obispo County (APN 056-151-043) Project Description: The project consists of a detached accessory structure in excess of 50% of the gross floor area of the primary structure. General Plan Designation: Single-Family Residential (SFR-Y) Zoning: Residential Single-Family (RSF-Y) Proposed Environmental Determination: The proposed project is categorically exempted from CEQA under Section 15303: New construction or conversion of small structures. Staff Recommendation: Staff is recommending the Planning Commission adopt a PC Resolution approving CUP 2015-0289. City of Atascadero Planning Commission Agenda Regular Meeting, April 21, 2015 Page 3 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website PUBLIC HEARINGS (CONTINUED) 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 for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 3. PLN 2015-1545 - CONDITIONAL USE PERMIT FOR A GYM (FITNESS EVOLUTION) AT 8665 EL CAMINO REAL Property Owner: GGD Oakdale LLC, 1150 9th Street, #1430, Modesto, CA 95354 Applicant: JPLUS Architects, 564 N. Sunrise Ave., Roseville, CA 95661 Project Title: PLN 2015-1545 Conditional Use Permit 2015-0290 Project Location: 8665 El Camino Real, Atascadero, CA 93422 San Luis Obispo County (APN 030-513-013) Project Description: The project consists of a Conditional Use Permit to allow for an indoor recreation service in the Commercial Retail zone. General Plan Designation: General Commercial (GC) Zoning: Commercial Retail (CR) Proposed Environmental Determination: The proposed project is categorically exempted from CEQA under Section 15301: Existing facilities. Staff Recommendation: Staff is recommending the Planning Commission adopt a PC Resolution approving CUP 2015-0290. City of Atascadero Planning Commission Agenda Regular Meeting, April 21, 2015 Page 4 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website PUBLIC HEARINGS (CONTINUED) 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 pub lic hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited t o provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commis sion will discuss the item and take appropriate action(s).) 4. PLN 2015-1538 - CONDITIONAL USE PERMIT FOR 3880 ARDILLA, LARGE FAMILY DAYCARE COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on May 5, 2015 at City Hall Council Chambers, 6500 Palma Avenue, 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. Property Owners: Jerry & Cathy LeMoine, 11385 Eliano, Atascadero, CA 93422 Applicant: Jamie LeMoine-Becerra, 3880 Ardilla Ave., Atascadero, CA 93422 Project Title: PLN 2015-1538 / Conditional Use Permit 2015-0287 Project Location: 3880 Ardilla Ave., Atascadero, CA 93422, San Luis Obispo County (APN 054-012-039) Project Description: The project consists of a large family daycare in a Residential Single-Family zone. General Plan Designation: Single-Family Residential (SFR-Z) Zoning: Residential Single-Family (RSF-Z) Proposed Environmental Determination: The proposed project is categorically exempted from CEQA under Section 15303: New construction or conversion of small structures. Staff Recommendation: Staff is recommending the Planning Commission adopt a PC Resolution approving CUP 2015-0287. City of Atascadero Planning Commission Agenda Regular Meeting, April 21, 2015 Page 5 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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, 6500 Palma Avenue, 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, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibi lity 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 per sonal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Co mmission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or nega tive personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. PC Draft Action Minutes of 4/7/15 Page 1 of 6 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, April 7, 2015 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:00 p.m. Interim Community Development Director Robert Lewis called the meeting to order at 7:02 p.m. and Commissioner Schmidt led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Bentz, Seay, Bourbeau, and Schmidt Absent: Chairperson Dariz (excused) Vice Chairperson Wolff (excused) Others Present: Recording Secretary, Annette Manier Staff Present: Interim Community Development Director, Robert Lewis Assistant Planner, Alfredo Castillo NOMINATION OF CHAIRPERSON MOTION: By Commissioner Bentz and seconded by Commissioner Bourbeau to nominate Commissioner Schmidt as acting Chairperson for tonight’s meeting, and to amend the Agenda to reflect this change. Motion passed 5:0 by a roll-call vote. ITEM NUMBER: ITEM NUMBER: 1 DATE: 4-21-15 1 PC Draft Action Minutes of 4/7/15 Page 2 of 6 APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Seay to approve the amended Agenda. Motion passed 5:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Schmidt closed the Public Comment period. PLANNING COMMISSION BUSINESS None CONSENT CALENDAR None COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 1. PLN 2011-1392 - AMENDMENT TO CONDITIONAL USE PERMIT 2001-0043 TO ALLOW LIMITED ON-SITE AUTOMOTIVE SALES AT 2850 EL CAMINO REAL Property Owner: Michael Frederick, PO Box 573, Atascadero, CA 93423 Applicants: Pacific Coast RV, Inc., 2850 El Camino Real, Atascadero, CA 93422 Shaun Brewer, 901 E Ocean Avenue, Lompoc, CA 93436 Project Title: PLN 2011-1392 / Conditional Use Permit 2001-0043 Amendment Amendment to Conditional Use Permit at 2850 El Camino Real Project Location: 2850 El Camino Real, Atascadero, CA 93422 San Luis Obispo County (APN 049-201-048) Project Description: The project consists of amending an existing Conditional Use Permit, which currently allows a RV sales lot, to allow for additional automotive sales to be done on-site, in addition to RV sales. General Plan Designation: Commercial Park (CPK) Zoning: Commercial Park (CPK) Proposed Environmental The proposed Amendment is consistent with the previous Certified Mitigated Negative Declaration for CUP 2001-0043. 2 PC Draft Action Minutes of 4/7/15 Page 3 of 6 EX PARTE COMMUNICATIONS None Assistant Planner Castillo gave the staff report and answered questions from the Commission. It was noted that on Page 22, Condition 13, it should refer to Exhibit B and not B1. Also noted was that the Agenda states PC Resolution 2016-0008 however, the correct Resolution number is 2015-0006. PUBLIC COMMENT The following members of the public spoke during public comment: Scot Craycraft, who answered questions from the Commission. Mr. Craycraft indicated that he would prefer not to pave (the oval area, identified on pg. 6), but if they must, he would talk to the property owner. Chairperson Schmidt closed the public comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Bourbeau to approve Resolution 2015-0006 approving an Amendment to CUP 2001- 0043 (PLN 2011-1392) to allow a maximum of five (5) used automobile displays in addition to recreation vehicle sales at 2850 El Camino Real on APN 049-201-048, with a modification to Condition 13, Exhibit B, and to allow for a reconsideration of the placement of the paved area, based on findings and subject to conditions of approval. Motion passed 5:0 by a roll-call vote. 2. CONDITIONAL USE PERMIT 2001-0039 AMENDMENT TO ALLOW ADDITIONAL WIRELESS COMMUNICATION EQUIPMENT AT 6005 EL CAMINO REAL Determination: Staff Recommendation: Staff is recommending the Planning Commission adopt Resolution PC 2015 -0008, approving amendments to an existing Conditional Use Permit to allow for limited on-site automotive sales based on adopted findings and conditions of approval. Property Owner: Carlton Hotel Investments, LLC, 6005 El Camino Real, Atascadero, CA 93422 Applicant: Tricia Knight, 123 Seacliff Dr., Pismo Beach, CA 93449 3 PC Draft Action Minutes of 4/7/15 Page 4 of 6 EX PARTE COMMUNICATIONS None Assistant Planner Castillo gave the staff report and answered questions from the Commission. Commissioner Bourbeau asked (for the record) if there have been any complaints in regards to these “hard to see” antennas and Assistant Planner Castillo said that to his knowledge, there have been no complaints. Also noted is that the Agenda states Resolution No. 2015-0009, but the correct Resolution No. will be 2015 - 0008. PUBLIC COMMENT The following members of the public spoke during public comment: Tricia Knight. Ms. Knight answered questions from the Commission. Chairperson Schmidt closed the public comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Bourbeau to approve Resolution 2015-0008 approving an Amendment to CUP 2001- 0039 (PLN 2099-0303) to allow improvements to the existing wireless telecommunications facility at 6005 El Camino Real, on APN 029-342-023, based on findings and subject to conditions of approval and mitigation monitoring. Motion passed 5:0 by a roll-call vote. Project Title: PLN 2099-0303 Conditional Use Permit 2001-0039 Amendment Project Location: 6005 El Camino Real, Atascadero, CA 93422 San Luis Obispo County (APN 029-342-023) Project Description: The project consists of amending an existing Conditional Use Permit to allow for additional panel antennas and ancillary equipment to the existing wireless facility on the roof of the Carlton Hotel. General Plan Designation: Downtown (D) Zoning: Downtown Commercial (DC) Proposed Environmental Determination: The proposed Amendment is consistent with the previous Certified Mitigated Negative Declaration #2002-0013 for CUP 2001-0039. Staff Recommendation: Staff is recommending the Planning Commission adopt Resolution PC 2015-0009, approving amendments to an existing Conditional Use Permit to allow for additional wireless communication facilities. 4 PC Draft Action Minutes of 4/7/15 Page 5 of 6 COMMISSIONER COMMENTS AND REPORTS Chairperson Schmidt asked about phonebooks which are put in the right -of-way and if there are any ordinances in regards to this. Interim Director Lewis suggested it may be something to be addressed with the City Council. DIRECTORS REPORT  Interim Director Lewis said the Building and Planning Department are extremely busy, as development increases and gave an overview on the next three items to be brought before the Planning Commission.  Interim Director Lewis gave an update on Walmart, the Corporation for Better Housing apartment project going to the Design Review Committee, and the Sign Ordinance. ADJOURNMENT – 8:12 p.m. The next regular meeting of the Planning Commission is scheduled for April 21, 2015, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary t:\~ planning commission\pc minutes\pc minutes 2015\pc draft actn minutes 4 7 15.am.docx 5 PC Draft Action Minutes of 4/7/15 Page 6 of 6 THIS PAGE INTENTIONALLY LEFT BLANK 6 September 2, 2003 Page 1 of 20 Atascadero Planning Commission Staff Report - Community Development Department Katie Banister, Contract Planner, 470-3480, kbanister@atascadero.org PLN 2015-1543 / CUP 2015-0289 Oversized Detached Accessory Structure 9101 San Gabriel (Molfino) SUBJECT: The project is a proposed residential accessory structure which exceeds fifty percent (50%) of the gross floor area of the primary residence in a Single-Family Residential zone (RSF-Y). RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2015-0009 approving CUP 2015-0289 allowing a 754 square foot detached structure accessory based on findings and subject to Conditions of Approval. Situation and Facts 1. Applicant/Owner: George “Tito” Molfino, 6305 Flores Rd., Atascadero, CA 93422 3. Project Address: 9101 San Gabriel Rd., Atascadero, CA 93422 APN 056-151-043 4. General Plan Designation: Single-Family Residential (SFR-Y) 5. Zoning District: Residential Single-Family (RSF-Y) 6. Site Area: 1.02 acres 7. Existing Use: Vacant, Owner has applied for permits to build a 1200 sq. ft. residence ITEM NUMBER: 2 DATE: 4-21-15 7 8. Environmental Status: Section 15303 Categorical Exemption: New construction or conversion of small structures DISCUSSION: Background The site is located at 9101 San Gabriel Road and is approximately 1 acre in size. Entry and exit is from a private asphalt driveway to San Gabriel Road, which is shared with one neighbor. The applicant has submitted plans to demolish an existing 900 square foot residence, and construct a new 1,200 square foot home and a 754 square foot detached garage. In the future, the applicant intends to construct a larger main residence of approximately 2400 square feet, and therefore the 1200 square foot home will become the second residential unit in compliance with City standards. The applicant would like to construct the detached garage concurrently with the 1,200 square foot home. However, the size exceeds 50% of the size of the residence currently proposed for construction, and therefore Planning Commission approval through the CUP process is required (Atascadero Municipal Code (AMC) 9-6.106). Aerial Photo Project Site 9101 San Gabriel Rd. RSF-Y Zoning 8 Surrounding Land Use and Setting: North: Residential Single-Family (RSF-Y) (Santa Rosa) South: Residential Single-Family (RSF-Y) (San Rafael) East: Residential Single-Family (RSF-Y) (West Front/Highway 101) There is one parcel with Public Zoning on West Front, and a mix of commercial and public uses on the East side of Highway 101 West: Residential Single-Family (RSF-Y) (Atascadero Ave) ANALYSIS: The applicant proposes to tear down the existing home, build a 1200 square foot residence and a 754 square foot detached garage. This CUP has been submitted to request the detached garage, which exceeds 50% of the gross floor area of the proposed primary structure. The detached garage is proposed with two roll up doors, a utility bathroom, electricity and plumbing. The exterior design matches the residence, including Hardy Board siding, two dormers in the front elevation, and windows in the sides and r ear of the building. The building matches the scale and design of similar accessory structures in the neighborhood. Several native oaks and California black walnut trees are located on site. The proposed footprint for this project does not fall within the dripline of any native trees. Slopes on the property are between 4 and 10%. In the footprint of the proposed garage, slopes average 9%. 9-6.106 Residential accessory uses. (b) Detached Accessory Structures. Any detached accessory structure intended for residential accessory uses and accessory storage. (1) Limits on Use. An accessory structure may be constructed or used solely for noncommercial hobbies or amusements; for maintenance of the principal structure or yards; for artistic endeavors such as painting, photography or sculpture; maintenance or mechanical work on vehicles owned or operated by the occupants; for an approved home occupation; or for other similar purposes. (2) Floor Area. The gross floor area of a detached accessory structure is not to exceed fifty percent (50%) of the gross floor area of the principal structure. … (d) Exceptions to Accessory Structure Standards. (1) Detached accessory structures that deviate from requirements are subject to the approval of a minor conditional use permit. 9 Existing house proposed for demolition Proposed building site, 9101 San Gabriel Road 10 Proposed Floor Plan and Elevations 11 Findings for a Conditional Use Permit The Planning Commission must make the following six findings in order to approve a CUP. 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 and the City’s Appearance Review Manual. Staff Comment: The proposed use is consistent with the Single Family Residential (SFR-Y) General Plan designation and the City’s Appearance Review Manual, which allow second units and their accessory uses. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: The proposed project, as conditioned, satisfies all applicable provisions of the zoning ordinance related to single-family development, with Planning Commission approval of the size exception proposed and allowed through CUP approval. 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 inj urious to property or improvements in the vicinity of the use. Staff Comment: The proposed structure is intended primarily for the storage of vehicles and is not detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, and will not 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. Staff Comment: The proposed project is consistent with the character of the neighborhood and the orderly development of the City. The proposed structure has architectural details which fit the character of the neighborhood and will be an attractive addition to the property. It is not overly large compared to similar structures on San Gabriel Road. 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 12 surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: As conditioned, the proposed project will not generate additional traffic beyond the safe capacity of existing roadways. 6. That the proposed project is in compliance with any pe rtinent city policy or criteria adopted by ordinance or resolution of the city council. Staff Comment: As conditioned, the proposed project is in compliance with city policy and criteria Based on staff’s analysis and the attached conditions of approval contained in the resolution, all of the required findings for approval of a Conditional Use Permit may be made by the Planning Commission. ENVIRONMENTAL DETERMINATION: The project qualifies for a Categorical Exemption under CEQA Sec tion 15303, New construction or conversion of small structures, specifically the construction of accessory structures including garages. CONCLUSION: The applicant is proposing a detached accessory structure with a gross floor area in excess of 50% of the gross floor area of the primary structure. The proposed design of the structure is consistent with the character of neighborhood. ALTERNATIVES: 1. The Commission may include modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission must specify the reasons for denial of the project and make an associated finding with such action. ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Aerial Photo Attachment 3: Draft Resolution PC 2015-0007 13 Attachment 1: Location Map, General Plan and Zoning PLN 2015-1543/CUP 2015-0289 Zoning: Residential Single Family (RSF-Y) General Plan Designation: Single Family Residential (SFR-Y) Project Site 9101 San Gabriel Rd. RSF-Y Zoning 14 ATTACHMENT 2: Aerial photo PLN 2015-1543/CUP 2015-0289 15 16 ATTACHMENT 3: Draft Resolution PC 2015-0009 DRAFT RESOLUTION PC 2015-0009 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A CONDITIONAL USE PERMIT 2015-0289 (PLN 2015-1543) ALLOWING A DETACHED ACCESSORY STRUCTURE WHICH EXCEEDS FIFTY PERCENT OF THE SIZE OF THE PRIMARY RESIDENCE APN 056-151-043 (9101 SAN GABRIEL RD / MOLFINO) WHEREAS, an application has been received from Applicant and Property Owner, George Molfino, (6305 Flores Rd. Atascadero, CA 93422) to consider a Conditional Use Permit (CUP 2015-0289) to allow a 754 square foot detached accessory structure, which is larger than 50% of the gross floor area of the primary structure; and, WHEREAS, the site’s General Plan Designation is Single Family Residential (SFR-Y); and, WHEREAS, the site’s Zoning is Residential Single Family (RSF-Y); and, WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA section 15303: New construction or conversion of small structures; 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 April 21, 2015, studied and considered the Conditional Use Permit 2015- 0289; and, 17 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 3, Section 15303, New construction or conversion of small structures, of the California Environmental Quality Act. SECTION 2. Findings for approval of Conditional Use Permit Amendment. The Planning Commission finds as follows: 1. The proposed use is consistent with the General Plan and the City’s Appearance Review Manual; and, 2. The proposed project 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 will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed 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; and, 6. That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 21, 2015 resolved to approve Conditional Use Permit 2015-0289 subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Elevations EXHIBIT C: Floor Plan 18 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 ______________________________ Mark Dariz Planning Commission Chairperson Attest: ______________________________ Robert A. Lewis Planning Commission Secretary 19 EXHIBIT A: Notice of Exemption (PLN 2015-1543/CUP 2015-0289) CITY OF ATASCADERO NOTICE OF EXEMPTION 6500 Palma Avenue Atascadero, CA 93422 805.461.5000 TO: File FROM: Katie Banister Contract Planner City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Project Title: PLN 2015-1543 / CUP 2015-0289 Project Applicant: George Molfino Project Location: 9101 San Gabriel Rd., Atascadero, CA 93422, San Luis Obispo County (APN 056-151-043) Project Description: Conditional Use Permit to allow for a detached accessory structure in a residential zoning district. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: George Molfino 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) Reasons why project is exempt: Class 3 of the California Environmental Quality Act (CEQA) (Section 15303, New construction or conversion of small structures) exempts the construction of accessory structures including garages. Contact Person: Katie Banister (805) 470- 3480 Date: April 1, 2015 Katie Banister Contract Planner 20 EXHIBIT B: Conditions of Approval (PLN 2015-1543/CUP 2015-0289) Conditions of Approval (PLN 2015-1543/CUP 2015-0289) 9101 San Gabriel Rd. Detached Accessory Structure Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Services Conditions 1. This Conditional Use Permit shall allow for the construction of a 754 square foot detached accessory structure at 9101 San Gabriel Rd. described on the attached exhibits and located on APN 056-151-043, regardless of owner. Ongoing PS 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. Ongoing PS 3. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, and/or (2) result in a superior site design or appearance. BL PS, CE 4. Approval of this Conditional Use Permit shall be valid for twenty- four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. BL PS 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the master plan of development. Ongoing PS 6. The gross floor area of the accessory structure shall not exceed 754 square feet, or 50% of the size of the primary residence on site, whichever is greater. BP PS 7. Architectural elevations shall be consistent with Exhibit D. The use of architectural grade quality elements shall be used. Building color shall be consistent with the single family home or an earth tone color. FI PS 8. All utilities servicing the accessory structure shall be installed underground. BP BS 9. The accessory structure shall not be used as a secondary residential unit or studio. The accessory structure shall not have a kitchen or wet bar. A deed restriction which limits the building to non-habitable space (U occupancy) shall be recorded prior to BP PS 21 Conditions of Approval (PLN 2015-1543/CUP 2015-0289) 9101 San Gabriel Rd. Detached Accessory Structure Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney building permit issuance if a utility bathroom, shower or any other plumbing is proposed to be installed in the accessory structure. 10. Work around native trees shall comply with the Atascadero Native Tree Ordinance. Native trees with driplines within 20 feet of any construction activities will be protected by temporary fencing and other tree protection measures determined necessary by a certified arborist and/or the Community Development Department. BP PS 22 EXHIBIT C: Site Plan (PLN 2015-1543/CUP 2015-0289) 23 EXHIBIT D: Elevations (PLN 2015-1543/CUP 2015-0289) 24 Elevation Notes 1. COMPOSITION SHINGLE ROOFING 0/ 15# ROOFING FELT UNDERLAYMENT 2. 2 X HEM FIR FASCIA (TYP) 3. HARDY BOARD SIDING OVER APPROVED BUILDING PAPER 4. SLOPE AWAY FROM BUILDING 5% FOR 10’-0” MINIMUM (TYP) 5. 1X4 HEM FIR TRIM 25 EXHIBIT E: Floor Plan (PLN 2015-1543/CUP 2015-0289) 26 September 2, 2003 Page 1 of 20 Atascadero Planning Commission Staff Report - Community Development Department Katie Banister, Contract Planner, 470-3480, kbanister@atascadero.org  PLN 2015-1545 / CUP 2015-0290 Indoor Recreation Service (Gym) in Commercial Retail Zone 8665 El Camino Real (JPlus Architects / Pleasanton Fitness / GGD Oakdale LLC) SUBJECT: The proposed project consists of an application for a gym to be located in the “Atascadero Oaks” shopping center at 8665 El Camino Real, in the existing building formerly occupied by Spencer’s Fresh Market. This property is zoned CR, Commercial Retail. Gyms are considered an Indoor Recreation Service, which require a Conditional Use Permit in the CR zone. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2015-0010 approving Conditional Use Permit 2015-0290 to allow an indoor recreation service at 8665 El Camino Real, based on findings and subject to Conditions of Approval. Situation and Facts 1. Applicant: JPlus Architects 564 N. Sunrise Ave, Roseville, CA 95661 2. Property Owner: GGD Oakdale, LLC 1150 9th St., Suite 1430, Modesto, CA 95354 3. Project Address: 8665 El Camino Real, Atascadero, CA 93422 APN 030-513-013 4. General Plan Designation: General Commercial (GC) ITEM NUMBER: 3 DATE: 4-21-15 27 5. Zoning District: Commercial Retail (CR) 6. Site Area: 3.27 acres 7. Existing Use: Vacant (previously Spencer’s Fresh Market grocery store) 8. Environmental Status: Section 15301 Categorical Exemption: Existing facilities DISCUSSION: Surrounding Land Use and Setting: North: Commercial Retail (CR) Residential Single-Family (RSF-X) High Density Residential Multi-Family (RMF-20) South: Commercial Retail (CR) East: Residential Single-Family (RSF-X) High Density Residential Multi-Family (RMF-20) Residential Single-Family (RSF-Y) West: Commercial Service (CS) Highway 101 Project Site 8665 El Camino Real 28 Background Spencer’s Fresh Market closed its operation in the summer of 2013, and the building has been vacant since that time. GGD Oakdale, LLC acquired the property in August of 2014. Pleasanton Fitness is proposing to lease the entire building for operation as Fitness Evolution. Fitness club facilities are proposed to include an indoor basketball court, spin and group fitness rooms, free weights, weight machines, tanning, hydro massage, locker rooms, physical therapy, and childcare services. ANALYSIS: The proposed project is for a Minor Conditional Use Permit for a gym (Indoor Recreation Service) in the Commercial Retail zone. Currently, the building has floor area of 33,798 square feet. The proposed project would have floor area of 31,194 square feet, utilizing less space on the mezzanine floor. The applicant, JPlus Architects, has applied for building permits for tenant improvements to the site. Proposed hours of operation are 4am until midnight , seven days a week. The Atascadero Municipal Code (AMC 9-3.223) allows Indoor Recreation Services (defined in AMC 9-3.701), such as health and athletic clubs, in the Commercial Retail zone with a Conditional Use Permit. The Planning Commission has the authority to approve or deny the CUP subject to findings, and to adopt conditions of approval. Existing grocery store front 29 Proposed Site Plan for Fitness Evolution Proposed Wall Sign Proposed Monument Sign Alterations 30 Parking The shopping center has a shared parking agreement recorded that states all parking in the common areas is intended for the use of all tenants. There are 296 existing parking spaces in the shopping center, 10 of which are accessible spaces. Another 68 of the parking spaces are located behind the gym and the businesses on the east side of the property. Approximately 182 of the existing parking spaces are on the property of the proposed gym. The existing asphalt in the shopping center is cracked and in need of maintenance. No new parking is proposed for this project. The Atascadero Municipal Code requires 1 parking space per 300 square feet for health spas. To provide 1 parking space per 300 square feet of floor area in the gym, 104 parking spaces will be needed. There are sufficient parking spaces on-site to accommodate needed parking. Staff recommends the applicant be required to fill cracks and resurface the existing parking lot with a slurry seal. When striping is replaced, parking spaces along the wall behind the building and loading dock should also be striped as shown in the original site plan for the Atascadero Oaks Center to provide for additional parking. Proposed Elevations The proposed exterior elevations of the building will remain unchanged. Signage The applicant has submitted plans for building permits for two (2) signs. The first is a wall mounted sign to be located above the front doors of the gym. The proposed wall sign has LED Illuminated Pan Channel letters with a total width of 30.66 feet and height of 36 inches. The logo is 48 inches wide and 48 inches high. The total proposed sign area is 108 square feet. Proposed Wall Sign 31 The second sign proposed by the applicant is an addition to the existing monument sign at the entrance to the shopping center on El Camino Real. The applicant is proposing to replace the Spencer’s sign at the top of the monument with a double faced illuminated sign cabinet that is twelve (12) feet wide by four (4) feet high, 48 square feet in area. The proposed monument will have a total height of approximately 22 feet. Signage for other tenants on the monument has a total sign area of 90 square feet, wi th a width of 10.7 feet. The existing Spencer’s sign is twelve (12) feet wide and six (6) feet tall, but has a tapered shape. The existing monument sign is slightly taller than the proposed elevation. Proposed Monument Sign A master sign program was approved for the Atascadero Oaks Shopping Center in 2002 with CUP 2002-0057. Both signs currently being proposed by the applicant exceed the adopted size limitations identified in the CUP, but meet requirements for location and sign materials. The sign program allows major tenants to have wall signs on each elevation, up to 60 square feet in area each. The monument sign is permit ted at 40 square feet in area. The Atascadero Sign Ordinance (AMC 9 -15.005), permits wall signs with a maximum size of 40 square feet. Monument signs must not exceed 60 square feet in area and 10 feet in total height. In order to deviate from the sign program, a Conditional Use Permit must be obtained from the City. Staff recommends reducing the size of the proposed signs. The wall sign should be limited to a total of 76 square feet; permitting the size of the logo to remain at 16 square feet (48 inches by 48 inches), but reducing the size of the lettering from 92 square feet to 60 square feet as proscribed by the Master Sign Program. The size of the alterations to the monument sign should be limited to an area of 51.36 square feet , so that the new sign is the same size as the existing sign cabinet directly below (10.7 feet wide by 4.8 feet high). The upright poles and other supporting members of the monument should be painted a dark rust or black color to update the appearance of the monument. 32 Staff believes these changes will allow the proposed signage to meet the sign purposes required by AMC 9-15.006 and 9-15.001. The limited signs will improve the aesthetic environment of the shopping center and surrounding area. They are not confusing or distracting to passing traffic. They are professionally designed with high quality construction materials. The signs are not directed toward the residential area to the east of the center. The signs do not obstruct or impede traffic circulation. Site and Landscape Design & Compliance The Atascadero Municipal Code requires landscaping in parking lots consistent with AMC 9-4.119(f). 9-4.119 Parking lot construction standards. 9-4.125 Landscape Standards. The site has a few existing native oak trees, several non-native shade trees (plum trees), and turf grass in most planters. The parking lot is not in compliance with the current code in regard to the number of required shade trees, nor does it have the required landscape fingers between every 8 parking spaces. Additionally, drou ght tolerant species are preferred over the existing turf grass for water conservation. Staff recommends the applicant bring the parking lot up to current code standard with the following parking lot landscape improvements. Shade trees should be planted in (f) Landscaping. A minimum of ten percent (10%) of the interior of all parking lots shall be landscaped, in addition to any perimeter landscaping required by subsection (g) of this section. Shade trees are to be provided at approximately thirty- (30) foot intervals along parking rows. Landscape fingers shall be a minimum of six (6) feet wide shall be provided every eight (8) parking spaces. These landscaping requirements do not apply to parking lots that are underground or within buildings. (g) Screening. (1) From Residential Areas. Parking lots that abut a residential zone shall be separated from such property by a landscaping strip with a minimum width of five (5) feet and a six- (6) foot high solid fence or wall. (2) From Streets. Parking lots abutting a public street shall be separated from the street right -of- way by a landscaping strip with a minimum width of ten (10) feet; and, where parking spaces are arranged to head toward the street, by a minimum three- (3) foot high solid fence decorative wall or landscape equivalent located on the parking lot side of the landscaping strip. (Ord. 482 § 2, 2005; Ord. 68 § 9-4.119, 1983) (c) (2) Planning Commission Modification. Where conditional use permit approval is required, the Planning Commission may waive, modify or increase the landscaping requirements of this section if a finding can be made that existing vegetation topography or structural arrangement preclude the need for landscaping. 33 existing landscape planters such that the 6 planters nearest the building eac h contain 2 trees, for a total of 9 new trees. Existing turf should be replaced with drought tolerant shrubs, including some portion of the grass along El Camino Real. All parking lot landscape planters with existing irrigation should also be planted with drought tolerant shrubs, for example there is one planter that contains an irrigated tree, but no further landscaping. At the rear of the property, adjacent to the residential area at Cascadia and El Centro Roads Central, the existing landscaping is spotty. The landscape “holes” in this area should be filled with drought tolerant plants of the same or similar species currently on site. AMC 9-4.125 requires street trees be planted along all public and private street frontages at a minimum of 30 feet on center. Staff recommends the applicant be required to plant two (2) London Plane Sycamore trees along El Camino Real (80 foot frontage), eight (8) London Plane Sycamore trees along Solano Rd. (275 foot frontage), and one (1) oak tree in the planting strip at the corner of El Centro and Cascada Roads. There are three (3) failing redwood trees at the northwest corner of the building, which should be replaced be two (2) London Plane Sycamore. The site shows signs of general deferred maintenance. The existing front building façade and trim has peeling paint, while the rear of the building has inconsistent paint color due to past attempts to cover graffiti. Light poles a nd “No Parking” signs in the parking lot are very faded. Several grocery cart corrals remain in the parking lot left from Spencer’s Market. There is an empty cargo container currently at the rear of the building. Staff recommends general maintenance of the site be brought up to standard. Fresh paint should be applied to the wood elements of the front façade in a color consistent with the current color scheme of the shopping center. The walls at the rear of the building should be either treated to remove all paint and graffiti or painted one continuous color. Shopping cart corrals and the cargo container should be removed. General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Goals and Policies: Land Use Program 1.1.7: Within the Urban Core, encourage infill development or revitalization or reuse of land already committed to urban development where utili ties and public services exist. Goal LOC 13: Provide a sound economic base to sustain the City’s unique character by establishing a range of employment and business opportunities and generate sufficient revenue to support adequate levels of public services, and environment, social and educational quality. 34 Land Use Policy 13.1: Facilitate convenient location of goods and services needed by local residents. Goal LOC 14: Retain and expand existing business and attract new businesses to improve the availability of goods and services. Conditional Use Permit Findings The CUP process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as the appropriateness of use, site design, and specific standards of the Zoning Ordinance. The Planning Commission must make the following six findings in order to approve the proposed CUP Amendment within the commercial park zone: 1. The proposed project or use is consistent with the General Plan, as well as the City’s Appearance Review Manual and any pertinent City policy or cri teria adopted by ordinance or resolution of the City Council. Staff Comment: The proposed indoor recreation service use at this location is consistent with the General Commercial designation of the General Plan and the General Plan Land Use Element Goals LOC 13 and LOC 14, Policies 13.1 and Land Use Program 1.1.7. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the project satisfies the provisions of the Atascadero Municipal Code. The Atascadero Sign Code and the site Master Sign Program allow for deviation from standard signage requirements with an Administrative Use Permit or Conditional Use Permit from the City. The existing parking is adequate to serve the proposed use. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: As conditioned, the proposed indoor recreational service use, located within an existing shopping center development, will not be detrimental to the general public or persons residing or working in the surrounding neighborhood, or be detrimental or injurious to property or improvements in the vicinity. The conditions will limit hours of operation, and address potential light glare and other esthetic concerns. 35 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 proposed use would fill a vacant space located in an existing shopping center. The change of use will help to bring people to the shopping center where they will be able to find a variety of goods and services in one location. 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 use, as conditioned, is consistent with the traffic projections and road improvements anticipated within the General Plan. 6. That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Staff Comment: The proposed use is consistent with all pertinent City policies and criteria adopted by the City Council. Based on staff’s analysis in the preceding sections , all of the required findings for approval of CUP 2015-0290 can be made. ENVIRONMENTAL DETERMINATION: This project qualifies for a Class 1 Categorical Exemption under CEQA Section 15301, Existing Facilities, specifically interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. The scale of the proposed project is not significant enough to trigger a full Environmental Impact Report. CONCLUSION: The applicant has submitted a proposal to locate a fitness club, Fitness Evolution, at 8665 El Camino Real (APN 030-513-013), in the grocery store formerly occupied by Spencer’s Fresh Market. The fitness club is proposed to occupy 31,194 square feet in the Commercial Retail zone. No additional parking is required. Proposed signage is proportional and consistent with the Atascadero Municipal Code. Based on the above analysis and incorporated conditions, staff believes that the findings for approval of the CUP can be made. 36 ALTERNATIVES: 1. The Commission may include modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant a nd staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission must specify the reasons for denial of the project and make an associated finding with such action. ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Aerial Photograph Attachment 3: Existing and Proposed Floor Plans Attachment 4: Proposed Signage Attachment 5: Draft Resolution PC 2015-0010 37 ATTACHMENT 1: Location Map, General Plan and Zoning PLN 2015-1545 / CUP 2015-0290 Zoning: Commercial Retail (CR) General Plan Designation: General Commercial (GC) Project Site 8665 El Camino Real CR Zone CS Zone RMF Zone RSF Zone 38 ATTACHMENT 2: Aerial Photograph PLN 2015-1545 / CUP 2015-0290 Project Site 8665 El Camino Real 39 ATTACHMENT 3: Existing and Proposed Floor Plans PLN 2015-1545/CUP 2015-0290 40 Attachment 4: Proposed Signage PLN 2015-1545/CUP 2015-0290 41 42 ATTACHMENT 5: Draft Resolution PC 2015-0010 DRAFT RESOLUTION PC 2015-0010 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING CUP 2015-0290 TO PERMIT A FITNESS CLUB ON APN 030-513-013 (JPlus Architects/Fitness Evolution/GGD Oakdale, LLC) WHEREAS, an application has been received from GGD Oakdale, LLC, 1150 9th St. #1430, Modesto, CA 95354 (Owner); Fitness Evolution 1150 9th St. #1430, Modesto, CA 95354 (Applicant); and JPlus Architects 564 N. Sunrise Ave., Roseville, CA 95661 (Applicant) to consider a project consisting of a Conditional Use Permit 2015-0290 to allow a 31,194 square foot fitness club (indoor recreation service) on a 3.27 acre parcel at 3665 El Camino Real (APN 030-513-013); and, WHEREAS, the site’s current General Plan Designation is General Commercial (GC); and, WHEREAS, the site’s current zoning district is Commercial Retail (CR); 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 April 21, 2015, studied and considered Conditional Use Permit 2015- 0290; 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, Existing facilities, of the California Environmental Quality Act. 43 SECTION 2. Findings for approval of Conditional Use Permit Amendment. The Planning Commission finds as follows: 1. The proposed use is consistent with the General Plan; and, 2. The proposed project 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 will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed 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; and, 6. That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 21, 2015 resolved to approve Conditional Use Permit 2015- 0290 subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Conceptual Floor Plan EXHIBIT D: Site Plan EXHIBIT E: Signage 44 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 ______________________________ Mark Dariz Planning Commission Chairperson Attest: ______________________________ Robert A. Lewis Planning Commission Secretary 45 EXHIBIT A: Notice of Exemption (PLN 2015-1545/CUP 2015-0290) CITY OF ATASCADERO NOTICE OF EXEMPTION 6500 Palma Avenue Atascadero, CA 93422 805.461.5000 TO: File FROM: Katie Banister Contract Planner City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Project Title: PLN 2015-1545 / CUP 2015-0290 Project Applicant: JPlus Architects, 564 N. Sunrise Ave, Roseville, CA 95661 Project Location: 8665 El Camino Real, Atascadero, CA 93422, San Luis Obispo County (APN 030-513-013) Project Description: Conditional Use Permit to allow for a fitness club (indoor recreation service) in a commercial retail zone. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Pleasanton Fitness, 1150 9th St, Suite 1430, Modesto, CA 95354 Exempt Status: Ministerial (Sec. 15073) Emergency Project (Sec. 1507 (b) and (c)) Declared Emergency (Sec. 15061 (a)) General Rule Exemption (Sec. 15061.c) Categorically Exempt (Sec. 15301) Reasons why project is exempt: Class 1 of the California Environmental Quality Act (CEQA) (Section 15301, Existing facilities: interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. Contact Person: Katie Banister (805) 470- 3480 Date: April 21, 2015 Katie Banister Contract Planner 46 EXHIBIT B: Conditions of Approval Conditional Use Permit 2015-0290 Conditions of Approval Fitness Evolution 8665 El Camino Real CUP 2015-0290 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. Conditional Use Permit 2015-0290 shall be for a gym / fitness center as generally described in attached Exhibit C and D located on parcel 030-513-013 regardless of owner. Ongoing PS 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Ongoing PS 3. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. BP PS, CE 4. Approval of this Conditional Use Permit Amendment shall be valid for twenty-four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit or a time extension. BP PS 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. Ongoing CA 6. A conceptual floor plan (Exhibit C) has been provided by the applicant for general planning reference and land use purposes only. The interior tenant improvement plans shall conform to Building Code requirements for room sizes, restrooms, exiting, path of travel, etc. Modifications to the conceptual floor plan shown in Exhibit C may be required to meet Building Codes. Modifications shall not be limited to the 10% staff modification allowance of Condition #3 above. Inclusion of the conceptual floor plan with this conditional use permit does not provide relief from standard Building Codes in place at the time of submittal of tenant improvement permits for the change of occupancy. A building permit shall be obtained prior to beginning any demolition or construction work on site. BP BS 7. Off-street parking shall be provided at a minimum ratio of 1 space per 300 sq. ft. of floor area. BP final PS / BS / FD 47 Conditions of Approval Fitness Evolution 8665 El Camino Real CUP 2015-0290 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 8. The parking lot shall be filled and slurry sealed. Re-striping shall not reduce the number of off-street parking spaces. Parking spaces behind the building identified in EXHIBIT D shall be striped in addition to existing parking spaces. FI BS / PS 9. Signage placed on the front elevation of the building shall be limited to a total area of 76 square feet. Sixteen (16) of said square feet shall be allotted for the company logo. Sixty (60) of said square feet shall be allotted for channel letters. The sign cabinet added to the existing monument sign shall be limited to the width of the existing sign cabinets, which will remain after the Spencer’s Fresh Market sign is removed. The height of the sign cabinet shall not exceed 4 feet. The upright poles and other supporting members of the monument sign shall be painted a dark color to be approved by Planning Services Staff. BP BS / PS 10. Wood elements of the front elevation will be painted a color consistent with the existing colors in the shopping center and approved by the City. FI PS 11. The rear walls of the building will be made a single color by either removing all paint to the natural color of the block wall, or painting the entire surface of the walls in a color similar to the natural color of the blocks and approved by the City. FI PS 12. A final landscape and irrigation plan shall be approved by the City prior to the issuance of building permits and shall be consistent with EXHIBIT D, and as follows:  Nine (9) shade trees shall be planted in existing landscape planters  Turf areas in parking lot landscape planters shall be removed and replaced with drought tolerant shrubs.  The turf area along El Camino Real shall be removed and replaced with drought tolerant shrubs.  All landscape planters with existing irrigation shall be landscaped with drought tolerant shrubs.  Two (2) London Plane Sycamore trees shall be planted along El Camino Real at a minimum of thirty (30) feet on center.  Eight (8) London Plane Sycamore trees shall be planted along Solano Road at a minimum of thirty (30) feet on center.  One (1) native variety oak tree shall be planted in the landscape strip at the intersection of El Centro and Cascada Roads.  Two (2) London Plane Sycamore trees shall replace the three (3) redwood trees at the northwest corner of the building.  Areas devoid of vegetation in the landscape strip at the intersection of El Centro and Cascada Roads shall be revegetated with the same or similar species as existing plants.  Drip and other water conserving irrigation methods shall be utilized whenever possible. BP PS 13. The approved landscape and irrigation plan is to be implemented before the final inspection and vegetation and irrigation maintained over time. FI / Ongoing PS 14. A bicycle storage rack with capacity for four bicycles shall be provided in a convenient and secure location near the front doors of the building. FI PS 48 Conditions of Approval Fitness Evolution 8665 El Camino Real CUP 2015-0290 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 15. Grocery cart corrals shall be removed from the premises and recycled appropriately. FI PS 16. Cargo container located at rear of the building shall be removed from the premises. FI PS 17. Any proposed exterior lighting will be in compliance with Municipal Code standards, and ensure no off-site glare. Building mounted light fixtures shall utilize lower wattage bulbs and/or be fully shielded, cut-off light fixtures in order to eliminate visible light sources and prevent off site glare. BP PS 18. Existing light poles shall be painted the same color approved for supporting members of the monument sign. FI PS 19. Faded “No Parking” and other directional signs in the parking lot shall be replaced with Fire Department approved signage. FI FS 20. Designated trash storage shall be provided in a screened location behind the building Ongoing PS 21. Hours of operation shall be limited to the hours of 4am and midnight, 7 days per week. Ongoing PS / PD 22. All roof-mounted equipment shall be screened from view in all directions. BP / FO PS 23. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure and painted to match the color of the surrounding building area. Gas and electric meters, electric transformers, and large water piping systems shall be completely screened from public view with approved architectural features and/or landscape plantings. BP / FO PS 24. Low flow plumbing devices shall be installed where possible in buildings. BP PS 49 Exhibit C: Conceptual Floor Plans Conditional Use Permit 2015-0290 For Planning reference and land use purposes only. Floor plan to meet provisions of building code for exiting, restrooms, room sizes and accessible path prior to issuance of building permit. Basketball Court Locker Rooms Childcare Classrooms Reception and Massage Circuit Training 50 Exhibit D: Site Plan Conditional Use Permit 2015-0290 A B B B B B B A C C C C C C C C C C D Replace turf with drought tolerant shrubs throughout A – New signage B – Two shade trees per landscape planter C – London Plane Sycamore Tree D – Native Oak Tree, and fill in shrubs E – Landscape irrigated landscape planters F – Plant one shade tree G – Stripe parking spaces E C C F G 51 Exhibit E: Signage Conditional Use Permit 2015-0290 Wall Signage Channel lettering reduced from 92 sq. ft. to a maximum of 60 sq. ft. Logo to remain at 16 sq. ft. Wall Signage reduced from 108 sq. ft. to 76 sq. ft. 52 Monument Sign Monument Sign to be limited to the width of the existing rectangular signs below which are approximately 10.7 feet in width. Upright poles and supporting members of the monument shall be painted with a dark color approved by the City. 53 54 Atascadero Planning Commission Staff Report - Community Development Department Katie Banister, Contract Planner, 470-3480, kbanister@atascadero.org Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org PLN 2015-1538 Conditional Use Permit 2015-0287 Stepping Stones Daycare 3880 Ardilla Road (LeMoine / Becerra) SUBJECT: The project consists of an application to establish a large family daycare facility for up to 14 children in an existing residence in the Residential Single-Family (RSF-Z) zone. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2015-0007 approving CUP 2015-0287 allowing a large family daycare facility for up to 14 children in the Residential Single- Family zone, based on findings and subject to Conditions of Approval. Situation and Facts 1. Applicant/Representative: Jamie LeMoine Becerra, 3880 Ardilla Rd, Atascadero, CA 93422 2. Property Owner: Jerry and Cathy LeMoine, 11385 Eliano, Atascadero, CA 93422 3. Project Address: 3880 Ardilla Rd., Atascadero, CA 93422 APN 054-012-039 4. General Plan Designation: Single-Family Residential (SFR-Z) 5. Zoning District: Residential Single-Family (RSF-Z) ITEM NUMBER: 4 DATE: 4-21-15 55 6. Site Area: 2.5 acres 7. Existing Use: Residential 8. Environmental Status: Section 15303 Categorical Exemption: New construction or conversion of small structures DISCUSSION: Background The applicant, Jamie Becerra, currently operates a child daycare facility in Atascadero at 9685 Morro Road. The building she has been leasing was recently sold, and she will need to move her operation by July of 2015. The property at 3880 Ardilla Road was purchased by the applicant’s family in December, 2014, and is currently being proposed as the new location for the daycare center. Surrounding Land Use and Setting: North: Residential Single-Family (RSF-Z) (San Anselmo) South: Residential Single-Family (RSF-Z) (Atajo) East: Residential Single-Family (RSF-Z) (Venado) West: Residential Single-Family (RSF-Z) (Portola) Aerial Photo Project Site 3880 Ardilla Rd RSF-Z Zoning 56 ANALYSIS: The proposed project consists of a Conditional Use Permit for a child care facility with up to 14 children. There is an existing home on the property, which is currently used as a single-family residence. The project proposes to maintain the single-family residential use within a portion of the existing residence, and convert a portion of the residence to a daycare facility. Existing Single Family Residence The Atascadero Municipal Code (AMC 9-3.180 Residential district allowable land uses) permits daycare facilities with seven (7) or more clients in residential zones with the approval of a Conditional Use Permit. Preschools and child daycare facilities are also subject to specific standards found in AMC 9-6.125. 9-6.125 Schools and preschools. (c) Preschools and Child Day Care. The following standards apply in addition to the state licensing requirements in Title 22 of the California Administrative Code. (1) Minimum Site Area. Six thousand (6,000) square feet where a facility is to accommodate seven (7) or more children. (2) Site Design Standards. (i) Fencing. All outdoor play areas are to be enclosed with fencing a minimum of four (4) feet high: provided that such fencing is to be solid and a minimum of six (6) feet in height on any property line abutting a residential use on an adjoining lot. (ii) Parking and Loading Requirement. For facilities with six (6) or less children, no requirement other than that normally required for a residence; for facilities with seven (7) to twelve (12) children, an 57 The site is approximately 2.5 acres. Entry and exit from the site is from a private driveway to Ardilla Road. The home currently has a two-car garage and space for additional parking on the driveway. The existing paved driveway is approximately 33 feet wide and 230 feet long. Approximately 80 feet of the driveway is suitable for parking. Staff visited the site and has confirmed there is space for several vehicles to park and turn around off-street for pick up and drop off of children. A portion of the driveway will need to be kept clear for fire truck access and turn around, as identified by the Fire Department. The front driveway area is proposed to be striped to clearly identify a drop-off area for daycare clients. Staff has included a condition that a minimum of two (2) drop-off spaces are to be provided and striped on site. Existing driveway The home is located on a relatively straight section of Ardilla Road. From the driveway, there is a distance of more than 800 feet before the next curve to the east, and more than 400 feet to the next curve to the west. The re are stop signs associated with the intersection of Ardilla and San Anselmo Roads approximately 85 feet to the east of the project site. off-street drop-off area is to be provided with the capability to accommodate at least two (2) cars, in addition to the parking normally required for the residence; to be established through conditional use permit approval for facilities with more than ten (10) children. (Ord. 68 § 9-6.125, 1983) 58 View from driveway looking East View of driveway looking West 59 The existing residence on site has a living/bonus room where the applicant is proposing to locate the daycare. The residential use will remain in the rest of the existing structure. The applicant is proposing site improvements to accommodate a fenced outdoor play space compliant with Municipal Code requirements. A 40 ft. by 32 ft. play area with a 4 foot tall fence will be located to the rear of the existing residence. Proposed Site Plan Proposed Parking Area Fenced Play Area 60 Findings for a Conditional Use Permit The Planning Commission must make the following six findings in order to approve a CUP. 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 and the City’s Appearance Review Manual. Staff Comment: The proposed use is consistent with the General Plan and the City’s Appearance Review Manual. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: The proposed project, as conditioned, satisfies all applicable provisions of the zoning ordinance. The applicant has demonstrated that with the proposed changes for parking and a fenced play area, the site will meet all of the requirements of AMC Section 9-6.125 (Schools and preschools) and all other related zoning code requirements for the proposed u se. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed use is not detrimental to the health, safety, or welfare of the general public or persons residing o r 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. Staff Comment: The proposed project is consistent with the character and orderly development of the City. There are similar type uses, such as preschools, daycares, and churches in the near vicinity on Portola Road and Santa Lucia Road. The proposed daycare use on a 2.5 acre lot will not negatively impact the surrounding neighborhood. 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. 61 Staff Comment: As conditioned, the proposed project will not generate additional traffic beyond the safe capacity of existing roadways. The proposed project and use are consistent with the traffic projections and road improvements anticipated within the General Plan. 6. That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Staff Comment: As conditioned, the proposed project is in compliance with city policy and criteria Based on staff’s analysis and the attached conditions of approval contained in the resolution, all of the required findings for approval of a Conditional Use Perm it may be made by the Planning Commission. ENVIRONMENTAL DETERMINATION: The project qualifies for a Categorical Exemption under CEQA Section 15303, new construction or conversion of small structures, specifically the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. CONCLUSION: The applicant is proposing a child care facility for up to 14 children. Staff has reviewed proposed parking lot modifications to accommodate the needed off-street drop-off area. Based on staff investigation, the existing driveway can be utilized to supply adequate parking. 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 must specify the reasons for denial of the project and make an associated finding with such action. 62 ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Aerial photo Attachment 3: Draft Resolution PC 2015-0007 63 64 Attachment 1: Location Map, General Plan and Zoning Zoning: Residential Single-Family (RSF-Z) General Plan Designation: Single-Family Residential (SFY-Z) Project Site 3880 Ardilla Rd RSF-Z Zone 65 Attachment 2: Aerial Photo 66 ATTACHMENT 3: Draft Resolution PC 2015-0007 DRAFT RESOLUTION PC 2015-0007 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A CONDITIONAL USE PERMIT 2015-0287 (PLN 2015-1538) ALLOWING A LARGE FAMILY DAYCARE FACILITY FOR UP TO 14 CHILDREN APN 054-012-039 (LEMOINE / BECERRA) WHEREAS, an application has been received from Applicant, Jamie LeMoine Becerra, (3880 Ardilla Rd.) and Property Owner, Jerry and Cathy LeMoine (11385 Eliano, Atascadero, CA 93422) to consider a Conditional Use Permit (CUP 2015-0287) to allow a large family daycare facility for up to 14 children; and, WHEREAS, the site’s General Plan Designation is Single-Family Residential (SFR-Z); and, WHEREAS, the site’s Zoning is Residential Single-Family (RSF-Z); and, WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA section 15303: New construction or conversion of small structures; 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 April 21, 2015, studied and considered the Conditional Use Permit 2015- 0287; and, 67 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 3, Section 15303, new construction or conversion of small structures, of the California Environmental Quality Act. SECTION 2. Findings for approval of Conditional Use Permit Amendment. The Planning Commission finds as follows: 1. The proposed use is consistent with the General Plan; and, 2. The proposed project 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 will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed 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; and, 6. That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 21, 2015 resolved to approve Conditional Use Permit 2015-0287 subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan 68 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 ______________________________ Mark Dariz Planning Commission Chairperson Attest: ______________________________ Robert A. Lewis Planning Commission Secretary 69 EXHIBIT A: Notice of Exemption (PLN 2015-1538/CUP 2015-0287) CITY OF ATASCADERO NOTICE OF EXEMPTION 6500 Palma Avenue Atascadero, CA 93422 805.461.5000 TO: File FROM: Katie Banister Contract Planner City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Project Title: PLN 2015-1538 / CUP 2015-0287 Project Applicant: Jamie Becerra Project Location: 3880 Ardilla Rd., Atascadero, CA 93422, San Luis Obispo County (APN 054- 012-039) Project Description: Conditional Use Permit to allow for a large family day care facility in a residential zoning district. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Jamie Becerra 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) Reasons why project is exempt: Class 3 of the California Environmental Quality Act (CEQA) (Section 15303, new construction or conversion of small structures) exempts the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Contact Person: Katie Banister (805) 470- 3480 Date: April 21, 2015 Katie Banister Contract Planner 70 EXHIBIT B: Conditions of Approval (PLN 2015-1538/CUP 2015-0287) Conditions of Approval / Mitigation Monitoring Program PLN 2015-1538/CUP 2015-0287 3880 Ardilla Rd. Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Services Conditions 1. This Conditional Use Permit shall allow for the establishment of a large day care facility at 3880 Ardilla Road described on the attached exhibits and located on APN 054-012-039, regardless of owner. Ongoing PS 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. Ongoing PS 3. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, and/or (2) result in a superior site design or appearance. BL PS, CE 4. Approval of this Conditional Use Permit shall be valid for twenty- four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. BL PS 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning this conditional use permit. Ongoing CA 6. All vehicle ingress and egress related to the child care facility will occur from the existing paved driveway. Ongoing PS/PD 7. A minimum of two (2) off-street parking spaces must be maintained as parking for the single family dwelling. Ongoing PS 8. A minimum of two (2) parking spaces will be dedicated on the paved driveway as an off-street drop-off area. Dedicated parking spaces will be a minimum of nine (9) feet wide and eighteen (18) feet deep and marked with paint striping, a minimum of two (2) inches in width. BL PS 9. All outdoor play areas will be enclosed with fencing with a minimum height of four (4) feet. Along property lines, the fencing will be solid with a minimum height of six (6) feet. BL PS 71 Conditions of Approval / Mitigation Monitoring Program PLN 2015-1538/CUP 2015-0287 3880 Ardilla Rd. Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 10. Signage on site shall be compliant with the standards of the Atascadero Municipal Code for a residential site. All signs will require an approved sign permit prior to installation. Sign materials and design shall be compatible with the residential nature of the surrounding neighborhood and must be approved by the City. Signs shall not be placed in the right of way. No sign shall impair sight distances for vehicular traffic. BP PS 11. A fire truck access way and turnaround shall be maintained on site, as required by the Fire Department. Obtain Fire Department approval of clear area prior to striping and/or marking parking spaces on site for client drop off area. BL PS/FD 72 EXHIBIT C: Site Plan (PLN 2015-1538/CUP 2015-0287) Minimum of two parking spaces required with striping. Fire truck access to be maintained as required by Fire Department. 73 74