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Home My WebLink AboutPC Resolution 2019-0036APPK Yf: 70 EC 3 2019 PC RESOLUTION 2019-0036 CITY OF ATASCADERO PLANNING RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (USE19-0061) ALLOWING A DRIVE-THROUGH COFFEE SHOP IN THE COMMERCIAL PROFESSIONAL ZONING DISTRICT Human Bean 7835 El Camino Real (APN 030-132-049 & 030-132-050) WHEREAS, an application has been received from Pat Mitchell, 4844 E. Mirada Lane, Stockton, CA 95212 (Owner and Applicant) to consider a Conditional Use Permit (USE 19-0061) to allow a drive-through coffee shop in the Commercial Professional zoning district; and WHEREAS, the site's General Plan Designation is General Commercial (GC); and WHEREAS, the site's Zoning is Commercial Professional (CP); and WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA section 15301: 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 December 3, 2019, studied and considered the Conditional Use Permit USE 19-0061. NOW THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Atascadero, California, makes the following findings, determinations and recommendations with respect to the proposed Conditional Use Permit: 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 Fact: The project is consistent with the Land Use, Open Space and Circulation (LOC) Policies and Programs 1.1 for guiding new development into the urban core; 1. 1.7 for infill development; 1.4.1 for screening exterior lights; 7.2.4 for providing shade trees; 8.5.3 for providing on-site storm water management; 13.1 for convenient location of goods and services; and 15.1 for directing growth to an area with existing City services. The project is consistent with Circulation Element (CIR) Policies and Programs 1.3.3 for locating on an arterial with minimal driveways; 1.5.1 for requiring adequate off-street parking; and 1.5.3 for landscaping, lighting, screening and shade trees in the parking lot. 2. The proposed project satisfies all applicable provisions of the Title (Zoning Ordinance), and Fact. The proposed drive-through coffee shop can be permitted though the Conditional Use Permit process as identified in the Municipal Code. The proposed structure and site plan are consistent with the applicable provisions of the Atascadero Municipal Code with the approval of the subject entitlement. 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 Fact. The proposed drive-through restaurant is being constructed on an underutilized commercial site with a non -conforming house on it. The establishment of the use on a commercial infill site will bring the site into conformance with the Municipal Code and will not be detrimental to the public health, safety, or welfare. Conditions of Approval have been added to minimize impacts to the adjacent residential uses. 4. That the proposed project will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and Fact. The proposed drive-through use and signage are consistent with the Commercial Professional zoning District. Conditions of Approval have been added to minimize impacts to the adjacent residential uses. 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 Fact: The drive- through coffee shop will not have an excessive impact on traffic volume. The coffee shop is small with limited services. The use is consistent with other businesses located around it on El Camino Real. 6. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Fact. The Design Review Committee has reviewed the proposed project and found the site plan and elevations to be consistent with the criteria in the City's Design Review Manual. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 3, 2019, resolved to approve Conditional Use Permit Use 19-0061 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Landscape Plan EXHIBIT D: Elevations On motion by Commissioner van den Eikhof, and seconded by Commissioner Keen, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Keen, van den Eikhof, Shaw, Dariz, Anderson (5 ) NOES: None (0 ) ABSENT: Wolff, Zirk (2 ) ABSTAINED: None (0 ) ADOPTED: December 3, 2019 CITY OF ATASCADERO, CA ark Dariz Planning Commission Vice Chairperson ATTEST: Phil Dunsmore Planning Commission Secretary Exhibit A: Conditions of Approval USE 19-0061 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility /Monitoring PS: Planning Services 7835 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Finallnspecton CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney Planning Services Conditions 1. This Conditional Use Permit shall allow for the establishment of a drive- Ongoing PS through restaurant at 7835 EI Camino Real described on the attached exhibits and located on APN 030-132-049 &-050, regardless of owner. 2. The approval of this use permit shall become final and effective for the Ongoing PS purpose of issuing building permits fourteen (14) days following the Planning Commission approval, unless an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BL PS, CE 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. 4. Approval of this Conditional Use Permit shall be valid for twenty-four BL PS (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. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing CA 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. 6. The speaker shall include the Automatic Volume Control (AVC) feature. BP PS 7. The applicant shall merge the two lots before building permits are issued BP PS for construction of the new drive-through building. 8. A minimum of five (5) parking spaces shall be added to the site as off- Ongoing PS street parking. 9. Landscaping shall be consistent with the approved Landscape Plan. Landscaping shall be added prior to requesting a final planning BP/ Ongoing PS inspection. 10. New lighting shall conform to the standards of Atascadero Municipal BP PS Code 9-4.137 for exterior lighting. 11. Elevations shall incorporate high quality materials and shall be consistent with the colors and design shown in Exhibit D. Stucco shall have a BP PS smooth finish. 12. The building wall facing EI Camino Real on the northerly building BP PS elevation shall be modified to include an awning, tilework, artwork, a Conditions of Approval / Mitigation Monitoring Program Timing Responsibility /Monitoring PS: Planning Services 7835 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA City Attomey window or other features to enhance the appearance of the large blank space. This can include additional signage logo. 13. All utilities shall be installed underground. BP PS 14. The existing storage building shall be painted to match the new drive- BP/Ongoing PS through. 15. The retaining wall shall be resurfaced with stone to match the new drive- BP PS through. 16. All mechanical equipment onsite shall be screened, including all ground BP PS and roof -mounted equipment, air conditioners, transformers, etc. 17. Traffic Impact fees shall be provided for this project based on the City's FO PS BS alternative per trip calculation method. 18. An exemption to Sign Code 9-15.008 shall be permitted for wall signs as shown in Exhibit D to allow a maximum of 20 square feet of signage on BP PS the eastern and western building faces. 19. The owner shall mitigate any non -permitted onsite grading and repair the BP PS slope and fence as necessary. EXHIBIT B: Site Plan USE 19-0061 t75.14'_ _ * 7514, - — _ 11 i i i 7rd R -EVA - "fj I Trash Enclosure - IFF M@D R[+PDSEOCNnNCES II III 't�, 1L11- jit I— it I LOADING + z 0 N E (-0----- ----------------- SAFE Di �. �� AREA 1� ;TOP it I CDFFEFSHOP .1 �} WALLE T 2LIRETAMIMUNIC ENTRY # 75 t 75' E L C A M I N 0 R E A L 14-1"-.7171`41 EXHIBIT D: Elevations USE 19-0061 <;. £AST ELEVATION 'T_ ,,W.W NOR771fLEVA770H SOUTH ELEVATION (€L GANNO PF -AL)