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Home My WebLink AboutPC Resolution 2020-0008PC RESOLUTION 2020-0008 4 3' fir, I - 2 0. CITY OF ATASCADERO PLANNING RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (USE18-0141) ALLOWING AN AUTO REPAIR AND VEHICLE STORAGE USE IN THE COMMERCIAL RETAIL ZONING DISTRICT APN 030-502-033 (Amborn) WHEREAS, an application has been received from Property Owner, Ryan Amborn, (9199 El Camino Real, Atascadero, CA 93422) to consider a Conditional Use Permit (USE 18-0141) to allow an Auto Repair and Accessory Vehicle Storage Use in the Commercial Retail zoning district; and WHEREAS, the site's General Plan Designation is Commercial Retail (CR); and WHEREAS, the site's Zoning is General Commercial (GC); and WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA section 15301: Existing Facilities; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Minor Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit; and WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on July 21, 2020, studied and considered the Conditional Use Permit USE 18-0141. 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. Findinjjs 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. The Planning Commission finds as follows: 1. The proposed use is consistent with the General Plan; and Fact: The General Plan states that retail commercial zoning districts are provided to "meet both the comparison and convenience shopping needs of residents in the City and surrounding area". With traditional retail on the decline, a service such as an auto repair use can be considered to adhere to the General Plans intentions as it conveniently provides an easily accessible service. General Plan Land Use, Open Space and Conservation Element Policy 1.3 aims to enhance the appearance of the City. One program includes uses upgrading to a contemporary design while screening loading and service areas. The applicant has updated the look of the building and will continue to enhance the site by removing the dilapidated building, adding vegetation, paving a new parking lot, and adding new fencing and landscaping. 2. The proposed project satisfies all applicable provisions of the Title (Zoning Ordinance); and Fact: The Auto Repair and Services land use as a conditionally allowed use as stated in AMC 9-3.330. Community Development Department Policy 2009-0030 allows a related, subordinate use such as vehicle storage as long as it does not exceed 20% of the total business floor area. 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 Fact: The proposed used is not detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 4. That the proposed project will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and Fact: The applicant is implementing appropriate landscaping and screening measures to hide the automotive use. The property will remain commercial in appearance. 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. Fact: The project is located off El Camino Real, one of the most heavily traveled roads in the city. The use is consistent with surrounding uses and will not bring excessive traffic. 1. Specifically identified characteristics of the site or site vicinity would make required fencing or screening unnecessary or ineffective. Fact: The property is highly visible from El Camino Real and La Linia Avenue. A solid but decorative 7 -foot tall fence is appropriate in this location as it is setback approximately 50 feet from the sidewalk along El Camino Real and will be able to block taller vehicles that may be stored in the back from being seen from a main street. The fence that the applicant has installed also has decorative qualities the add interest to the site and add to the industrial characteristics. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 21, 2020, resolved to approve Conditional Use Permit Use 18-0141 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Landscape Plan On motion by Commissioner Zirk, and seconded by Vice Chairperson van den Eikhof, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Shaw, Wolff, Keen, Zirk, van den Eikhof, Dariz (7 ) NOES: None (0 ) ABSENT: None (0 ) ABSTAINED: None ADOPTED: July 21, 2020 CITY OF AT Planning Commission ATTEST: � k 1 ! ""� Phil Dunsmore Planning Commission Secretary ,CA (0) Exhibit A: Conditions of Approval USE 18-0141 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility /Monitoring PS: Planning Services 9005 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department USE 18-0141 FI: Final Inspection TO: Temporary Occupancy CE: City Engineer WW: Wastewater FO: Final Occupancy CA: City Attorney Planning Services Conditions 1. This Conditional Use Permit shall allow for the establishment of an Auto Ongoing PS Repair and Vehicle Storage use at 9005 EI Camino Real described on the attached exhibits and located on APN 030-502-033, regardless of owner. 2. The approval of this use permit shall become final and effective for the Ongoing PS purposes 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 vehicle storage area shall not be used as an impound lot for non- Ongoing PS operable vehicles unless the site is rezoned to an appropriate zoning designation. 7. Landscaping onsite shall remain consistent with the approved BL/Ongoing PS landscape plan in Exhibit C. Additional landscaping shall be added to meet the 10% minimum required in the Commercial Retail Zone. The applicant shall work with staff to determine the appropriate landscaping locations. All landscaping shall be irrigated. 8. All fences enclosing the auto repair shop and vehicle storage areas BL/Ongoing PS must be solid. 9. Fencing up to 7 feet tall is allowed but is subject to design review from BL/Ongoing PS the Community Development Department. Fencing along La Linia Avenue shall match fencing seen from EI Camino Real. 10. Accessory vehicle storage is limited to the area shown in Exhibit B. Ongoing PS Conditions of Approval / Mitigation Monitoring Program Timing Responsibility /Monitoring PS: Planning Services 9005 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Pemut PD: Police Department USE 15-0141 FI: Final Inspection TO: Temporary Occupancy CE: City Engineer WW: Wastewater F0: Final Occupancy CA: City Attorney 11. The office/ auto shop building shall remain a neutral color. Ongoing PS 12. The owner shall apply for a demolition permit to remove the dilapidated BL PS metal building as indicated in Exhibit B. The owner must final this demolition permit prior to receiving business license approval. 13. The owner shall pave the parking lot as indicated in Exhibit B prior to BL PS receiving business license approval. 14. The Use Permit shall be subject to additional review upon receipt of Ongoing PS noise or operational complaints to ensure the use remains consistent with approved conditions of approval. 15. Any noncompliant use or storage of inoperable vehicles shall be PS removed within 60 days of the CUP approval. If such uses are not removed on or before September 19, 2020, the approved CUP shall expire, becoming null and void. Public Works Conditions 16. Street trees planted within 10 -ft of public improvements shall be planted with deep -root barriers, to the satisfaction of the City Engineer. 17. A Storm Water Control Plan (SWCP) shall be prepared in accordance with City Standard Specifications and the Regional Water Quality Control Board Res. No. R3-2013-0032. The SWCP shall be completed on the City standard form available from the City Engineer. lkl 'Ale 76 r4 lkl 'Ale