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HomeMy WebLinkAboutPC_2015-07-07_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, July 7, 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, July 7, 2015 Page 2 of 4 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 MAY 19, 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, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited t o provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. PLN 2015-1557, CROSSROADS CHURCH AT 5955 CAPISTRANO AVE UNITS A-D Property Owner: Glen R. Lewis, PO Box 1980, Atascadero, CA 93423 Applicant: Roger Williams, Crossroads Church, PO Box 2356, Atascadero, CA 93423 Project Title: PLN 2015-1557 / CUP 2015-0292 Project Location: 5955 Capistrano Ave., Units A-D, Atascadero, CA 93422 (San Luis Obispo County) APN 029-363-011 Project Description: Applicant is requesting a Conditional Use Permit (CUP) for a small church within the Downtown Office zoning district. The church is proposing to occupy an existing office space previously used as the County Assessor’s office. No exterior building or site modifications are proposed. Building occupancy is limited to a maximum of 50 people. Adequate parking for the proposed use is located on-site. The Downtown Office Zoning District allows schools with a Conditional Use Permit. The proposed church has been determined to be similar and comparable in use to a school based on the nature of proposed church activities and limited congregation size and conditionally permitted in the Downtown Office zone. Zoning: Downtown Office (DO) General Plan Designation: Downtown (D) Staff Recommendation: Planning Commission approve PC Resolution for CUP 2015 -0292, based on findings and subject to conditions of approval. City of Atascadero Planning Commission Agenda Regular Meeting, July 7, 2015 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on July 21, 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. City of Atascadero Planning Commission Agenda Regular Meeting, July 7, 2015 Page 4 of 4 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 Developmen t 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 accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the 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 negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting 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 5/19/15 Page 1 of 6 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, May 19, 2015 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Dariz called the meeting to order at 7:00 p.m. and Commissioner Anderson led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Bentz, Bourbeau, Schmidt, Vice Chairperson Wolff, and Chairperson Dariz Absent: Commissioner Seay (excused absence) Others Present: Recording Secretary, Annette Manier Staff Present: Interim Community Development Director, Robert Lewis Assistant Planner, Alfredo Castillo APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Anderson to approve the Agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Dariz closed the Public Comment period. PLANNING COMMISSION BUSINESS None ITEM NUMBER: ITEM NUMBER: 1 DATE: 7-7-15 1 PC Draft Action Minutes of 5/19/15 Page 2 of 6 CONSENT CALENDAR 1. APPROVAL OF DRAFT ACTION MINUTES OF MAY 5, 2015 MOTION: By Commissioner Bentz and seconded by Commissioner Schmidt to approve the consent calendar. Motion passed 6:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2015-1550 TREE REMOVAL PERMIT FOR 8405 EL CAMINO REAL EX PARTE COMMUNICATIONS None Assistant Planner Castillo gave the staff report and answered questions from the Commission. PUBLIC COMMENT None Chairperson Dariz closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Schmidt to approve PC Resolution 2015- A to allow the removal of one (1) Coast Live Oak tree Property Owner/Applicant: Michael Lemos, 2527 Los Berros Rd., Arroyo Grande, CA 93420 Certified Arborist: Jeremy Lowney, PO Box 13521, San Luis Obispo, CA 93406 Project Title: PLN 2015-1550 /TRP 2015-0185 Project Location: 8405 El Camino Real, Atascadero CA 93422 (San Luis Obispo County) APN: 030-511-003 Project Description: The project consists of an application to remove one native Coast Live Oak tree due to the hazardous nature of the tree, based on findings and subject to mitigation monitoring. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) Staff Recommendation: The Planning Commission approve PC Resolution allowing the removal of one (1) native tree due to the hazardous nature of the tree, based on findings and subject to mitigation monitoring. 2 PC Draft Action Minutes of 5/19/15 Page 3 of 6 due to the hazardous nature of the tree, totaling 28- inches DBH located at 8405 El Camino Real, on APN 030-511-003, based on findings and subject to Conditions of Approval and Mitigation Monitoring. Motion passed 6:0 by a roll-call vote. PUBLIC HEARINGS 3. PLN 2014-1524, WIRELESS CELLULAR COMMUNICATIONS TOWER AT 9685 MORRO ROAD EX PARTE COMMUNICATIONS None Property Owner/Applicant: Cornerstone Community Church, 7920 Santa Rosa Road, Atascadero, CA 93422 Represented by: Tricia Knight for TEK Consulting , 123 Seacliff Dr., Pismo Beach, CA 93449 Project Title: Wireless Cellular Communications Tower at 9685 Morro Road – PLN-2014-1524 / CUP-2014- 0283/DRC 2015-0069 Project Location: 9685 Morro Road, Atascadero, CA 93422 (San Luis Obispo County) APN: 054-151-031 Project Description: Applicant is requesting a conditional use permit (CUP) for a new Verizon Unmanned Telecommunications Wireless Facility. The project consists of a 100 square foot (sf) antenna lease area, 503 sf equipment lease area, two GPS antennas, and a generator. The project will also include a new electrical meter mounted on a new wall, a 45 foot faux church tower, twelve new six (6’) feet tall antennas. Additional equipment includes: New Verizon Wireless 9’0 Tall CMU Wall New Verizon Wireless Outdoor Equipment on a 180 sf Concrete Pad The project requires further environmental review consistent with the California Environmental Quality Act (CEQA) based on aesthetics, air quality, hydrology/water quality, and noise. Zoning: Public (P) General Plan Designation: Public (P) Proposed Environmental Determination: Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is proposed. The Mitigated Negative Declaration is available for public review from 4/28/2015 through 5/17/15 at 6500 Palma Avenue, Community Development Department from 8:30 a.m. to 5:00 p.m. Monday through Thursday. Staff Recommendation: The DRC recommends to the Planning Commission adoption of Draft Resolution PC 2015-A certifying Mitigated Negative Declaration 2015-0004 and approving Conditional Use Permit (CUP) 2014-0283 and height waiver based on findings and subject to mitigation monitoring and conditions. 3 PC Draft Action Minutes of 5/19/15 Page 4 of 6 Assistant Planner Castillo reported that this project went before the Design Review Committee. Mr. Castillo gave the staff report and answered questions from the Commission. PUBLIC COMMENT The following member of the public spoke during public comment: Tricia Knight. Chairperson Dariz closed the public comment period. MOTION: By Commissioner Bourbeau and seconded by Commissioner Bentz to adopt PC Resolution 2015-A certifying MND 2015-0004 based on findings and approving PLN 2014-1524/CUP 2014- 0283 for the installation of a new wireless cellular communications tower with a height waiver for the project as it exceeds the 35-foot height limitation for the Public (P) Zone, at 9685 Morro Road, on APN 054-151-031, based on findings and subject to conditions of approval and mitigation monitoring. Motion passed 6:0 by a roll-call vote. 4. PLN 2014-1522, 86-UNIT MULTI-FAMILY APARTMENT COMPLEX AT 10785 EL CAMINO REAL AND 9355 AVENIDA MARIA (CORPORATION FOR BETTER HOUSING) Applicant: Corp for Better Housing, 5947 Variel Ave., Woodland Hills, CA 91367 Property Owner: 9355 Avenida Maria LLC, 5947 Variel Avenue, Woodland Hills, CA 91367 -5111 Project Title: Atascadero Family Apartments – 86 Unit Multi-Family Apartment Complex PLN 2014-1522 / CUP 2015-0288 / TRP 2015-0181 Project Location: 10785 El Camino Real, Atascadero CA 93422, (San Luis Obispo County) APN 045-321-020 9355 Avenida Maria, Atascadero CA 93422, (San Luis Obispo County) APN 045-321-021 Project Description: The project consists of an application for an 86 unit affordable housing, multi-family development to be built in two phases. The project area is approximately 3.9 acres with a slope of 2.5% in a northwestern direction away from El Camino Real. Currently, the site is partially developed with one vacant single-family residence that will be demolished as a part of the proposed project. The applicant is proposing the following as a part of the proposed project:  86 total apartment units including a mix of 1, 2, 3 and 4 bedroom apartments;  Two corridor style buildings 2-stories in height (24-feet) with two (2) 32-foot tall mechanical / staircase shafts with decorative architectural features;  One (1) corridor style building 3-stories in height (37-feet, 4-inches) with two (2) 43-foot tall 4 PC Draft Action Minutes of 5/19/15 Page 5 of 6 EX PARTE COMMUNICATIONS Commissioners reported that they received an email from Mr. Zappas (Exhibit A). Commissioner Bourbeau had questions about the project and went over them with staff prior to this meeting. Commissioners Anderson and Dariz reviewed this project at the DRC. Commissioner Schmidt visited the site. Assistant Planner Castillo reported that this project went before the Design Review Committee. Mr. Castillo gave the staff report and he and Interim Director Lewis answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke during public comment : Jake Lingo (who gave a presentation on the project), Mike Zappas, and Ben Martin. Mr. Lingo answered questions from the Commission. Chairperson Dariz closed the public comment period. mechanical / staircase shafts with decorative architectural features;  A total of 157 parking spaces; 86 spaces covered / 71 uncovered;  Solar panels to be utilized on top of carports to provide alternative energy sources, consistent with the City’s Climate Action Plan;  Proposed construction and materials to utilize US Green Building Council methodology to obtain Leadership in Energy & Environmental Design (LEED) certified platinum;  On-site recreational amenities including tot-lot, basketball court, outdoor eating areas;  On-site management is proposed including full-time manager (non-care taker type);  On-site social services programs available for residents only through the use of two (2) recreational rooms;  Proposed landscaping plan including use of drought tolerant native plants  Preservation of 46 on-site native trees, including critical blue oak woodland;  Removal of 21 on-site native trees to allow for proposed improvements including buildings, parking lots, and road improvements. General Plan Designation: HDR Zoning District: RMF-20 Proposed Environmental Determination: Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is proposed. The Mitigated Negative Declaration is available for public review from 4/28/15 through 5/17/15 at 6500 Palma Ave., Community Development Department from 8:30 a.m. to 5:00 p.m. Monday through Thursday. Staff Recommendation: The Planning Commission recommend to the City Council adoption of Draft Resolution PC 2015-A certifying Mitigated Negative Declaration 2015-0002 and approving Conditional Use Permit (CUP) 2015-0288 based on findings and subject to mitigation monitoring and conditions. The Planning Commission recommend to the City Council adoption of Draft Resolution PC 2015-B, approving a State Density Bonus with a maximum of three (3) developer incentives in exchange for a minimum of 9 units set aside for a minimum of 55 years to households earning less than 50% of Area Median Income (AMI), which is considered very-low income. 5 PC Draft Action Minutes of 5/19/15 Page 6 of 6 MOTION: By Commissioner Bentz and seconded by Vice Chairperson Wolff to adopt PC Resolution 2015-A recommending that the City Council certify proposed MND 2015-0002 prepared for CUP 2015- 0288, and TRP 2015-0181 on APN 045-321-020, 021, at 10785 El Camino Real/9355 Avenida Maria, based on findings and subject to conditions of approval and mitigation monitoring. Motion passed 6:0 by a roll-call vote. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Wolff to adopt PC Resolution 2015-B approval PLN 2014-1522/CUP 2015-0288 (Master Plan of Development) and A State Density Bonus with a maximum of three (3) developer incentives in exchange for a minimum of 9 units set aside for a minimum of 55 years to households earning less than 50% of Area Median Income (AMI), which is considered very-low income, based on findings and subject to mitigation monitoring and conditions. Motion passed 6:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None DIRECTORS REPORT Interim Director Lewis stated that the Fitness Evolution gym (PLN 2015-1545) approved at the Planning Commission hearing on April 21, 2015 has been appealed , and will go to City Council on May 26, 2015. Interim Director Lewis stated that the next Planning Commission hearing may be cancelled, and then he gave an update on the Springhill Suites. ADJOURNMENT – 9:34 p.m. The next regular meeting of the Planning Commission is scheduled for June 2, 2015, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary The following exhibit is available in the Community Development Department: Exhibit A – Letter from Mike Zappas 6 September 2, 2003 Page 1 of 20 Atascadero Planning Commission Staff Report - Community Development Department Callie Taylor, Senior Planner, 470-3448, ctaylor@atascadero.org  PLN 2015-1557 / CUP 2015-0292 Conditional Use Permit for Crossroads Church 5955 Capistrano Ave., Units A-D (Glen Lewis / Roger Williams / Crossroads Church) SUBJECT: The proposed project consists of a Conditional Use Permit (CUP) for a small church within the Downtown Office (DO) zoning district. The church is proposing to occupy an existing office space previously used as the County Assessor and County Recorder offices. No exterior building or site modifications are proposed. Building occupancy is limited to a maximum of 50 people. The Downtown Office zoning district allows schools with a Conditional Use Permit. The proposed church has been determined to be similar and comparable in use to a school , based on the nature of proposed church activities and limited congregation size, and therefore, may be conditionally permitted in the Downtown Office zone with Planning Commission approval. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2015-0020 approving Conditional Use Permit 2015-0292 to allow a small church, which is comparable to a school use, based on the nature of proposed activities and limited congregation size, in the Downtown Office zoning district 5955 Capistrano Ave., based on findings and subject to Conditions of Approval. Situation and Facts 1. Applicant: Roger Williams, Crossroads Church, PO Box 2356, Atascadero, CA 93423 2. Property Owner: Glen R. Lewis, PO Box 1980, Atascadero, CA 93423 ITEM NUMBER: 2 DATE: 7-7-15 7 3. Project Address: 5955 Capistrano Ave., Units A-D, Atascadero, CA 93422 APN 029-363-011 4. General Plan Designation: Downtown (D) 5. Zoning District: Downtown Office (DO) 6. Site Area: Approximately 3,000 sq. ft. lease area 7. Existing Use: Vacant (previously used as County Assessor’s office) 8. Environmental Status: Section 15301 Categorical Exemption: Existing Facilities DISCUSSION: Surrounding Land Use and Setting: North: High Density Residential Multi-Family (HDR) South: Downtown Commercial (DC) (Colony Square) East: Single-Family Residential (SFR-Y) High Density Residential Multi-Family (HDR) West: Open Space (OS) (Atascadero Creek) Downtown Commercial (DC) (Atascadero Junior High School) Project Site 8665 El Camino Real [Type a quote from the document or the summary of an interesting point. You can position the text box anywhere in the document. Use the Drawing Tools tab to change the formatting of the pull quote text box.] Subject site: 5955 Capistrano Ave 8 Background The subject site is located within the Hotel Park business complex, located between Capistrano Avenue and Highway 41. The office development was originally established in 1987 through a Master Plan of Development, which approved approximately 70,000 square feet of office/retail space. The site includes five (5) two-story office buildings which are divided into suites. The Hotel Park Master Plan of Development also includes the new San Luis Obispo County Library building, two (2) vacant parcels adjacent to Highway 41, and a shared parking lot. The subject site of the proposed Conditional Use Permit (CUP) is located at 5955 Capistrano Avenue, Units A-D. The space was previously occupied by the San Luis Obispo County Assessor and County Recorder, and has been vacant since the County offices moved into the new library building last year. The proposed lease space is approximately 3,000 sq. ft. and includes the entire first floor of the fourth office building adjacent to Capistrano Avenue. ANALYSIS: The proposed application consists of a Minor Conditional Use Permit to locate a small church within the Downtown Office zoning district. The applicant, Crossroads Church, has been operating for the past few years at a facility on Highway 41 near Santa Rosa Road; however, their current lease is expiring and they are looking for a new space. The church is currently proposing to occupy an existing office space at 5955 Capistrano Avenue, which was previously used as the County Assessor’s office. No exterior building or site modifications are proposed with the CUP. Building occupancy within the existing 3,000 sq. ft. space is limited to a maximum of 50 people based on Building Code standards for the proposed use . Adequate parking for the proposed use is located on-site within the shared parking lot. Church services will be held on Sundays, and therefore, will not conflict with the surrounding office uses within the complex, which primarily operate from 8am to 5pm on weekdays. During the week, the church will utilize the space for church offices with set hours. Church meetings and small groups will use the space in the evenings. The church would operate a backpack exchange program, which sends non-perishable food and supplies into the community via volunteers. The site will not be used as a shelter, on-site service of any meal program, or for any other social service type activities for members of the public. In May of 2015, Crossroads Church approached the City regarding the potential to locate at 5955 Capistrano Avenue. Based on the nature of proposed church activities and limited congregation size, the Interim Community Development Director determined that based upon the characteristics of the use and as provided by AMC 9-1.10(d), the proposed church was most similar and comparable in use to a “school.” Based on this determination, the proposed church may be permitted within the Downtown Office (DO) zoning district through the Conditional Use Permit process. 9 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. 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 criteria adopted by ordinance or resolution of the City Council. Staff Comment: The proposed church use at this location is consistent with the Downtown land use designation of the General Plan and the General Plan Land Use Element Goal LOC 14, Policy 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, and based the interpretations of allowable use provided by AMC section 9-1.109, the project satisfies the provisions of the Atascadero Municipal Code. Based on the limited nature of proposed church activities and limited congregation size, the Interim Community Development Director determined that the proposed church was most similar and comparable in use to a “school,” and therefore may be conditionally permitted in the Downtown Office zoning district. 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 10 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: City staff has reviewed the proposed use and has determined that the operation of the use of a church at the above address will not be detrimental to the health, safety, or welfare of the general public, or persons residing or working in the surrounding neighborhood of the proposed use. The proposed projec t will not be detrimental or injurious to property or improvements as proposed. 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: Based on staff’s review of the proposed project, the use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development because the proposed use and related church activities would take place primarily during non-business hours (8am to 5pm) and conditions have been included to limit the proposed congregation size, based on Building Code regulations. The proposed use would fill a vacant space located in an existing business complex at Hotel Park. The conditions of approval limit activities permitted on site in order to ensure neighborhood compatibility. 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 o r 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 will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project. 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 2015-0292 can be made. 11 ENVIRONMENTAL DETERMINATION: This project qualifies for a Class 1 Categorical Exemption under CEQA Section 15301, Existing Facilities, specifically interior alterations involving such things as interior partitions, plumbing, and electrical conveyances. CONCLUSION: The applicant has submitted a proposal to locate a small church at 5955 Capistrano Avenue within the Hotel Park business complex. The church is proposed to occupy approximately 3,000 square feet in the Downtown Office zone. No exterior building or site modifications are proposed. Building occupancy is limited to a maximum of 50 people. Adequate parking for the proposed use is located on-site. The proposed church has been determined to be similar and comparable in use to a school based on the nature of proposed church activities and limited congregation size, and therefore may be conditionally permitted in the Downtown Office zone. Based on the above analysis and incorporated conditions, staff believes that the findings for approval of the CUP can be made. 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 Photograph Attachment 3: Proposed Floor Plan Attachment 4: Applicant’s letter Attachment 5: Draft Resolution PC 2015-0020 12 ATTACHMENT 1: Location Map, General Plan and Zoning PLN 2015-1557 / CUP 2015-0292 Zoning: Downtown Office (DO) General Plan Designation: Downtown (D) CR Zone RMF Zone RSF Zone RMF Zone DC Zone DO Zone DC Zone Subject site: 5955 Capistrano Ave 13 ATTACHMENT 2: Aerial Photograph PLN 2015-1557 / CUP 2015-0292 Project Site 5955 Capistrano 14 ATTACHMENT 3: Proposed Floor Plan 15 Attachment 4: Applicant’s letter 16 ATTACHMENT 5: Draft Resolution PC 2015-0020 DRAFT RESOLUTION PC 2015-0020 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING PLN 2015-1557 / CUP 2015-0292 TO PERMIT A SMALL CHURCH ON APN 029-363-011 5955 CAPISTRANO SUITE A-D (Glen Lewis / Roger Williams / Crossroads Church) WHEREAS, an application has been received from Roger Williams and Crossroads Church, PO Box 2356, Atascadero, CA 93423 (Applicant) and Glen R. Lewis, PO Box 1980, Atascadero, CA 93423 (Owner) to consider a project consisting of a Conditional Use Permit to allow a 3,000 square foot church, with a maximum occupancy of 50 people and limited on-site activities, at 5955 Capistrano Avenue Suites A-D (APN 029-363-011); and, WHEREAS, the site’s current General Plan Designation is Downtown (D); and WHEREAS, the site’s current zoning district is Downtown Office (DO); and WHEREAS, the proposed use of the site (church) is not specifically listed in the zoning district, and the Planning Director has reviewed the proposed use and, based upon the characteristics of the use, determined that a use listed in the land use description (school) is equivalent in nature and intensity to that proposed, consistent with Atascadero Municipal Code section 9-1.109(d)(1); and WHEREAS, the proposed equivalent use (schools) requires approval of a conditional use permit, consistent with Atascadero Municipal Code section 9-3.262; 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 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 July 7, 2015, studied and considered Conditional Use Permit 2015-0292; 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 1, Section 15301, Existing facilities, of the California Environmental Quality Act. SECTION 2. Findings for approval of Conditional Use Permit 2015-0292. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan based on the following: The proposed church use at this location is consistent with the Downtown land use designation of the General Plan and the General Plan Land Use Element Goal LOC 14, Policy 13.1 and Land Use Program 1.1.7; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance, Chapter 9 of the Atascadero Municipal Code) based on the following: The proposed use of the site (church) is not specifically listed in the Downtown Office zoning district; however, in accordance with Atascadero Municipal Code section 9-1.109(d)(1), the Interim Planning Director has reviewed the proposed use and based upon the characteristics of the use, determined that a use listed in the land use description (school) is equivalent in its nature and intensity to that proposed. The proposed equivalent use (schools) requires approval of a conditional use permit, consistent with Atascadero Municipal Code section 9-3.262; and, The subject site is one of only five Downtown Office zoned parcels located within the City of Atascadero. Four of the five parcels are located within the Hotel Park Master Plan of Development. Based on the characteristics of the property and the surrounding area, which is used primarily as office, the zone is very similar to the Commercial Professional zone, which would allow churches as a conditional use; and, The proposed church use on the subject site has been determined to be similar to a school use due to the limited size of the congregation, which is capped by a maximum occupancy of 50 people, as limited by the Building Code for the subject space. In addition, the church proposes limited on-site activities, which include church services, offices, and small group meetings. Auxiliary uses that are often present at churches, such as shelters, meal service, and other social services, are not proposed or allowed on the subject site. The church is proposed to locate within an existing office space on the subject site; no exterior building modifications are proposed. Sufficient parking is located on site to service the proposed use, and the peak hours of use will 18 not conflict with other office uses in the center; 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 based on the following: The operation of the use of a church at the above address will not be detrimental to the health, safety, or welfare of the general public, or persons residing or working in the surrounding neighborhood of the proposed use. The proposed project will not be detrimental or injurious to property or improvements as proposed; 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 based on the following: The use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development because the proposed use and related church activities would take place primarily during non -business hours (8am to 5pm) and conditions have been included to limit the proposed congregation size, based on Building Code regulations. The conditions of approval limit activities permitted on site in order to ensure neighborhood compatibility. The proposed use would fill a vacant space located in an existing business complex at Hotel Park. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element based on the following: The proposed use, as conditioned, is consistent with the traffic projections and road improvements anticipated within the General Plan; 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. 19 SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 7, 2015 resolved to approve Conditional Use Permit 2015- 0292 subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Conceptual Floor Plan On motion by Commissioner _____________, and seconded by Commissioner __________ the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Mark Dariz Planning Commission Chairperson Attest: ______________________________ Gary Broad Planning Commission Secretary 20 EXHIBIT A: Notice of Exemption (PLN 2015-1557 / CUP 2015-0292) CITY OF ATASCADERO NOTICE OF EXEMPTION 6500 Palma Avenue Atascadero, CA 93422 805.461.5000 TO: File FROM: Callie Taylor Senior 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 2015-1557 / CUP 2015-0292 Project Applicant: Roger Williams, Crossroads Church, PO Box 2356, Atascadero, CA 93423 Project Location: 5955 Capistrano Ave., Units A-D, Atascadero, CA 93422 (San Luis Obispo County) APN 029-363-011 Project Description: Conditional Use Permit to allow a small church, similar to a school, within the Downtown Office zoning district. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Roger Williams, Crossroads Church 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: Callie Taylor (805) 470- 3448 Date: June 30, 2015 ___________________________________ Callie Taylor Senior Planner 21 22 EXHIBIT B: Conditions of Approval Conditional Use Permit 2015-0292 Conditions of Approval Crossroads Church 5955 Capistrano Ave PLN 2015-1557/CUP 2015-0292 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 2015-0292 shall be for a small church, similar in nature to a school, and with the conditions of approval, located on parcel 029-363-011 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, a business license, 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. 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. The building occupancy shall be limited to a maximum of 50 people at any time. Maximum area of use shall not exceed 3000 sq. ft. BP final PS / BS / FD 23 Conditions of Approval Crossroads Church 5955 Capistrano Ave PLN 2015-1557/CUP 2015-0292 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. Permitted on-site activities shall include church services, church offices, and group meetings. Church services shall be held only on Sundays in order to avoid parking conflict within the business complex. Group meetings with more than 10 people shall take place after 5:00 pm. The church is permitted to operate a backpack exchange program, which sends food and supplies into the community via volunteers. The site will not be used as a shelter, for on-site service of any meal program, or for any other on- site social service type activities for members of the public. Ongoing PS 9. Signage shall be consistent with the approved sign program for the existing Hotel Park business complex. BP BS / PS 24 EXHIBIT C: Conceptual Floor Plan 25 26