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Home My WebLink AboutPC Resolution 2020-0011... "kk Mar.' L s 5EP a 'j 2020 PC RESOLUTION 2020-0011 ( CITY OF ATASCADERO PLANNING RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (USE20-0045) ALLOWING AN INDOOR RECREATION SERVICE USE IN THE COMMERCIAL RETAIL ZONING DISTRICT APN 056-031-062 (Planet Fitness) WHEREAS, an application has been received from Applicant, Rachel Bielert; PF Atascadero, LLC , (9 Grand Ave. #21), Toms River, New Jersey 08753) to consider a Conditional Use Permit (USE 20-0045) to allow an Indoor Recreation Service 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 September 15, 2020, studied and considered the Conditional Use Permit USE 20- 0045. 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. CEQA. 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. The Planning Commission finds as follows: Conditional Use Permit: 1. The proposed use is consistent with the General Plan; and Fact: 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 for a sound economic base and LOC 14 for attracting new businesses, Policies 14.2 and Land Use Program 1.1.7. 2. The proposed project satisfies all applicable provisions of the Title (Zoning Ordinance); and Fact: As conditioned, the project satisfies the provisions of the Atascadero Municipal Code. The Atascadero Sign Code allows 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; 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 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 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 to the area. Signage Exception: 1. The sign is consistent with the purposes set forth in Section 9-15.002; Fact: The proposed signs accomplish three of the required purposes. Section 9-15.002 (b) describes the purpose to "Encourage the effective use of signs as a means of communication in the City and reduce possible traffic and safety hazards from confusing or distracting signs." Section 9-15.002(e) describes the purpose of minimizing "possible adverse impacts of signs on private and public property in order to maintain property values and to maintain a positive City image". Finally, Section 9- 15.002 (i) describes the purpose of regulating "signs in a manner so as not to physically interfere with or obstruct the vision of pedestrian or vehicular traffic." 2. The opportunity to combine signs for more than one (1) use on a single sign structure has been considered; Fact: The proposed sign addition is located on an existing sign structure. No new sign structures are proposed. 3. For freeway -oriented signs, the sign area and height are the minimum needed to achieve adequate visibility along the freeway due to highway ramp locations and grade differences; and Fact: The sign addition will not add additional height to the existing structure. Visibility along the highway ramp will not be affected by the proposed addition. 4. Conformance with all other applicable codes and ordinances of the City, including, but not limited to, the Zoning Ordinance, General Plan and its several elements, and the appearance review guidelines. Fact: Improving the appearance and character of Atascadero, including signage, is a Framework Principle of the General Plan. These signs in this zoning district are appropriate for the desired appearance and character of the City. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 15, 2020, resolved to approve Conditional Use Permit Use 20- 0045 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Elevations EXHIBIT D: Freeway Pole Sign Rendering On motion by Commissioner Zirk, and seconded by Commissioner Keen, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Shaw, Keen, Zirk, van den Eikhof, Dariz (6 ) NOES: None (0 ) ABSENT: Wolff ABSTAINED: None ADOPTED: September 15, 2020 CITY OF ATASCADERO A "' Mark Dariz Planning Commission Chairperson ATTEST: Phil Dunsmore Planning Commission Secretary (1) (0) Exhibit A: Conditions of Approval USE 20-0045 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility /Monitoring PS: Planning Services 8200 El Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department USE 20-0045 FI: Final Inspection TO: TemporaryOccupancy CE: City Engineer WW: wastewater F0: Final Occupancy CA: City Attorney Planning Services Conditions 1. This Conditional Use Permit shall allow for the establishment of an Ongoing PS Indoor Recreation Service use at 8200 EI Camino Real described on the attached exhibits and located on APN 056-031-062, 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. If the use is established and becomes vacant, establishment of a similar use shall be done in accordance with the City's non -conforming use code. 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. Off-street parking shall be provided at a minimum ratio of 1 space per Ongoing PS 300 sq. ft. of floor area. 7. Wall signs shall be consistent with the size shown in Exhibit C. Ongoing PS A freeway -oriented sign may be added to the existing pylon sign for the center along Highway 101. The height of the pylon sign may be extended to up to 45' tall upon review by City Planning Department staff to add a third sign to the existing two tenant signs and be consistent with what is shown in Exhibit D. The sign's dimensions shall be 4'x 18.5' to match the two existing signs. 8. Elevations shall be consistent with what is shown in Exhibit C. Colors Ongoing PS and materials shall match the existing facade. 9. A final landscape and irrigation plan shall be approved by the City prior BP/ Ongoing PS to the issuance of building permits. Barren areas of landscape planters Conditions of Approval / Mitigation Monitoring Program Timing Responsibility /Monitoring PS: Planning Services 8200 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fin; Department BP: Building Permit PD: Police Department USE 20-0045 FI: Final Inspection TO: TemporaryOccupancy CE: City Engineer WW: Wastewater F0: Final Occupancy CA: City Attorney within the parking lot shall be filled in with native, drought tolerant vegetation. Public Works Conditions 10. Payment of Sewer Capacity Charges. Applicant is required to pay Sewer Capacity Charges associated with the addition of a fitness club (gymnasium) and change of use to the property. Per Ordinance 628 (AMC 7- 4.008) "Capacity charges shall be paid according to the user classification for new connections, and the change in user classification (occupancy) for existing connections". A gymnasium has an Equivalent Dwelling Unit (EDU) multiplier of 10.00 (Resolution 2019-077). Applicant can request the City Engineer to consider a re- evaluation of the EDU multiplier with supporting documentation. 11. Partial Payment of Sewer Service Charges. Applicant is required to pay a prorated share of the Sewer Service Charges associated with the addition of a fitness club (gymnasium) and change of user classification (occupancy) to the property. This partial charge shall be calculated for the number of full months remaining in the fiscal year after the date of issuance of the Building Permit. Payment shall be collected prior to or concurrent with issuance of Building Permit. Fire Conditions 12. Submittal of fire sprinkler plans as required by Fire Marshall at time of tenant improvement -building permit submittal. Mit 3lYi3AV "ibYBtlR3 i L m EXHIBIT D: Freeway Pole Sign Rendering USE 20-0045 planet fitness S*mrt itn ss rt Ebel