HomeMy WebLinkAboutPC Resolution 2020-0015PC RESOLUTION 2020-0015
APPROVED
2020
CITY OF ATASCADERO
PLANNING
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT, VARIANCE, AND TREE REMOVAL
TO ALLOW FOR A VERTICAL MIXED-USE PROJECT
DEV 19-0124
3710 EL CAMINO REAL
APN: 049-221-016
(COOK)
WHEREAS, an application was received from Corey Cook, 1295 Sierra Meadow Lane,
Templeton, CA, 93465 (owner and applicant), for a Conditional Use Permit to allow a vertical mixed use
project at 3710 El Camino Real (APN 049-221-016) and Tree Removal Permit 20-0097; and
WHEREAS, the property is in the General Commercial (GC) General Plan Land Use Designation;
and
WHEREAS, the property is in the Commercial Retail (CR) zoning district; and
WHEREAS, mixed use projects are considered a conditionally allowed use in the
Commercial Retail zoning district; and
WHEREAS, the project was reviewed by the Design Review Committee at their regularly
scheduled meeting on August 12, 2020; and
WHEREAS, recommendations of the Design Review Committee have been incorporated
into the project exhibits and conditions of approval; 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, the proposed project qualifies for an Categorical Exemption consistent with
CEQA Guidelines Section 15332: In -fill Development Projects; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject conditional
use permit was held by the Planning Commission of the City of Atascadero at which hearing
evidence, oral and documentary, was admitted on behalf of said use permit; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Atascadero makes the following findings, determinations and recommendations with respect to
the proposed Conditional Use Permit and Variance:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearin,. The Planning Commission of the City of Atascadero, at a
Public Hearing held on November 17, 2020 considered the proposed project.
SECTION 3. Findings. The Planning Commission makes the following findings,
determinations and approvals with respect to the use permit, parking reduction, variance, and tree
removal:
Conditional Use Permit:
The proposed project or use is consistent with the General Plan.
Fact: Land Use, Open Space and Conservation Element Policy 1.1 encourages infill
development or the revitalization of land already committed to urban development where
utilities and public services exist. This proposed helps implement Policy 1.1 and also aligns
with the General Plan Mixed Use designation as it is located within a commercial district
where multi -family residential use is allowed on a conditional basis. The addition of an
infill mixed-use buildings at this location that include first -floor commercial uses fulfils
several goals and policies of the General Plan. Economic development is strengthened by
a new high quality commercial space in the heart of the downtown. The project provides
streetscape appeal, expanded retail opportunities, and additional residential uses along the
El Camino Corridor.
2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance.
Fact: As proposed, the project will develop an underutilized parcel to create a mixed-use
project that includes both commercial and residential uses. The project, with Planning
Commission approval of this conditional use permit and variance, satisfies all applicable
provisions of the Zoning Ordinance related to mixed-use and multifamily development in
the Commercial Retail zoning district.
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.
Fact: The proposed infill project is appropriate for the subject parcel and complies with the
related zoning regulations. It is the intention of the City of Atascadero to encourage the
development of underutilized parcels in the commercial zoning district and retain
commercial use of the properties. The proposed development will be constructed to meet
the standards of the applicable building code and will not be detrimental to health, safety,
and welfare of the general public.
4. The proposed project or use will not be inconsistent with the character of the immediate
neighborhood or contrary to its orderly development.
Fact: The surrounding area is zoned commercial retail and property is adjacent to high
density multifamily housing and underutilized commercially -zoned properties. The
proposed development is similar in nature to neighboring operations and will help guide
the orderly development of the neighborhood and ensure retention of commercial uses
along El Camino Real.
5. 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.
Fact: The proposed residential and commercial uses will not generate significant and
unavoidable impacts to traffic. All internal and abutting public roads have been designed
to City standard.
Variance:
6. The variance authorized does not constitute a grant of special privileges inconsistent with
the limitations upon other properties in the vicinity and zoning district in which such
property is situated.
Fact: The variance does not constitute a grant of special privileges. The variance allows for
the highest and best use of a constrained property within a commercial zoning district.
7. There are special circumstances applicable to the property, including size, shape,
topography, location, or surroundings, and because of these circumstances, the application
of this title would deprive the property of privileges enjoyed by other property in the
vicinity and in the same zoning district.
Fact: Due to the parcel shape and site topography, meeting landscape setback buffer
standards under the zoning title would not be feasible and the variance is necessary so that
the project is able to meet other provisions of the title, including healthy and safety,
landscaping, open space, and overall site design.
8. The variance does not authorize a use which is not otherwise authorized in the zoning
district.
Fact: The project is a conditionally allowed use in the Commercial Retail zoning district
and the variance does not authorize any additional use not authorized in the zoning
district.
9. The granting of such variance does not, under the circumstances and conditions applied
in the particular case, adversely affect the health or safety of persons, is not materially
detrimental to the public welfare, nor injurious to nearby property or improvements.
Fact: The granting of variance does not cause any adverse effects. The project will still
meet appropriate code standards for health and safety and comply with building code
standards.
Tree Removal:
10. The tree is obstructing proposed improvements that cannot be reasonably designed to
avoid the need for tree removal, as certified by a report from the site planner and
determined by the Community Development Department.
Fact: Based on factors outlined in the Atascadero Municipal Code, the trees proposed for
removal obstruct proposed site improvements and due to cost and site design, cannot be
retained.
Parking Reduction:
12. Shared Peak -Hour Parking. Shared Peak -Hour Parking. The proposal includes two (2) or
more uses have distinct and differing peak traffic usage periods and the parking is shared
and accessible to all buildings and uses.
Fact: The parking on site will be shared between residential, warehouse, and commercial
uses. The most intensive use is the residential component, and the applicant meets code
requirements to reduce the parking by one (1) guest parking space for a total reduction
of 7%.
SECTION 4. CEQA. The proposed project is Categorically Exempt (Class 32) from the
provisions of the California Environmental Quality Act (California Public Resources Code §§
21000, et seq., "CEQA") and CEQA Guidelines (Title 14 California Code of Regulations §§
15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15332, for in -fill development
projects. A notice of exemption is included as Exhibit A.
SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on November 17, 2020, resolved to approve a Conditional Use Permit, Tree
Removal Permit, Parking Reduction, and Variance for DEV 2019-0124 subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Project Exhibits
On motion by Commissioner Anderson, and seconded by Commissioner Wolff, the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Anderson, Shaw, Keen, Wolff, van den Eikhof, Dariz
(6)
NOES: None
(0)
ABSENT: Zirk
(1)
ABSTAINED:None
(0)
ADOPTED: November 17, 2020
CITY OF ATASCADERO, CA
Mark Dariz
Planning Commission Chairperson
ATTEST:
Phil Dunsmore
Planning Commission Secretary
EXHIBIT A: Conditions of Approval
DEV19-0124 Cook Mixed Use (CUP)
Conditions of Approval
DEV19-0124
Planning Services Conditions
1.
This Conditional Use Permit shall allow the construction of mixed-use buildings at 3710 EI Camino Real, APN 049-
221-016, regardless of owner.
2.
Approval of this entitlement shall be final and effective consistent with Atascadero Municipal Code (AMC) Section
9-1.111 seq. et. al.
3.
The Community Development Department shall have the authority to approve minor changes to the project that
(1) modify the site plan 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 conditional use permit. The Planning Commission shall
have the final authority to approve any other changes to the conditional use permit unless appealed to the City
Council.
4.
This entitlement shall expire 24 months from the approval date unless a time extension request is filed with the
Community Development Department, or a State mandated automatic time extension is applied prior to expiration.
The entitlement described at the location per this resolution is determined to be vested with the property upon
issuance of a building permit.
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 construction or use of the detached accessory structure.
6.
In accordance with the Atascadero Municipal Code section 9-8.105, any violation of any of the conditions of
approval is unlawful and maybe be cause for revocation of this entitlement and subject the applicant and/or future
property owners to the penalties set for in the Atascadero Municipal Code, as well as any other available legal
remedies.
7.
The site shall be developed and maintained in accordance with the approved plans and unless specifically
provided for through the granted entitlement shall not waive compliance with any sections of the zoning Code, all
other applicable City Ordinances, and applicable Specific Plans.
8.
The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its
present or former agents, officers, or employees because of the issuance of this approval, or in any way relating to
the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the
City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or
employees may be required by a court to pay as a result of such action. The City may, at its sole discretion,
participate at its own expense in the defense of any such action but such participation shall not relieve applicant of
his/her obligations under this condition. (To the extent allowable by law, Owner agrees to hold City harmless from
costs and expenses, including attorney's fees, incurred by City or held to be the liability of City in connection with
City's defense of its actions in any proceeding brought in any State or Federal court challenging the City's actions
with respect to the project. Owner understands and acknowledges that City is under no obligation to defend any
legal actions challenging the City's actions with respect to the project.)
9.
All new utilities servicing the project shall be installed underground.
10.
Ongoing, the applicant shall provide, at minimum, 27 on-site parking spaces that comply with Atascadero Municipal
Code Parking and Loading standards (section 9-4.114 or successor code section).
11.
At the time of building permit, the applicant shall provide a screened garbage collection area consistent with Solid
Waste Collection and Disposal standards of the Zoning Ordinance (AMC 9-4.129 or successor code section). The
area shall contain additional landscaping for screening and be designed and located to the satisfaction of the
Director of the Community Development Department.
Conditions of Approval
DEV19-0124
• All refuse enclosures are required to provide adequate space for recycling bins. The enclosure shall be
architecturally compatible with the primary building. Gates shall be view obscuring and constructed of durable
materials. Verification from Waste Alternatives is required to determine the adequate size of enclosure based
on the number and size of containers to be stored in the enclosure.
12.
Facades and site improvements shall be insubstantial conformance with the project plans dated September 28,
2020, by Gannage Design.
• The high quality materials and design details identified on the preliminary plans (Exhibit B) shall be identified
on construction plans and implemented during construction.
• Project construction must be in accordance with provided Exhibit(s), adopted with this Resolution. Changes to
architecture, landscaping design, or other non -substantive design features may be approved by the Design
Review Committee (DRC).
13.
Garage doors shall be architectural grade and consistent throughout the project.
14.
At time of building permit, the project shall comply with all standards and code requirements of the Municipal Code
and the California Building Code, including but not limited to the sign ordinance, landscape and fencing standards,
lighting standards, multifamily development standards, and the Commercial Retail (CR) zoning district standards.
Approval of the preliminary design shall not constitute any waiver of code requirements.
15.
The site shall be kept in a neat manner at all times and the landscaping shall be continuously maintained in a healthy
and thriving condition.
16.
All signs shall be subject to review and approval as required by Municipal Code Section 21.19 and shall require a
separate application and approval prior to installation of any sign and shall be consistent with signage plans in
Exhibit B. All signage shall be located below the 2nd floor window sill line and, if lit, shall include exterior illumination
(no interior illumination) and lighting shall be set on a timer.
17.
Perimeter fencing shall be high quality. Top rail shall be included in fencing and dog-ear fencing shall not be
permitted. Prior to issuance of building permits, applicant shall submit final perimeter fencing plan for City review
and approval that indicates appropriate screening of adjacent residential uses, including a seven (7) foot fence
where appropriate and a three (3) foot fence in side setback adjacent to street.
18.
All new ground -mounted appurtenances such as air-conditioning condensers, electrical transformers, backflow
devices etc., shall be screened from public view through the use of decorative walls and/or landscaping subject to
approval by the Community Development Director or his designee. Details shall be included in the building plans.
18.
Prior to the issuance of a Building Permit a landscape and irrigation plan
consistent with the Landscape and Irrigation Ordinance, shall be submitted for City review and approval. The plan
needs to be designed in a manner that utilizes drought tolerant plants, trees and ground covers and minimizes, if
not eliminates the use of turf. The irrigation plan shall utilize drip irrigation and limit the use of spray irrigation. All
existing and/or new landscaping shall be installed with automatic irrigation systems. Landscape plan shall include
the following:
• Parking lot trees shall be canopy shade trees such as Chinese pistache, locust trees, or similar.
• Street trees shall be Chinese pistache or London plane. Planting shall be in accordance with engineering
standards to the satisfaction of the City engineer.
• All landscaping shall be drought tolerant.
• Final tree and plant species shall be determined at building permit submittal and subject to staff approval.
• Freeway facing trees may include the following species: native oaks, flannel bush, toyon, manzanita, or
similar.
• Trash enclosure shall be compatible with building and utilize high quality materials such as corrugated
metal siding famed in wood or steel.
Conditions of Approval
DEV19-0124
• Building permits and construction shall include landscape provided within large planter boxes and large
pots as identified on the site landscape plan, Exhibit B. Drip irrigation with automatic timer controllers
shall be identified on construction plans and installed prior to permit final to ensure vegetation survives.
19.
Should a tree require replacement, approval of the replacement tree species and location shall be obtained from
the City's Planning Division prior to removal. Any removed tree shall be replaced in accordance with City standards
and any approved entitlement conditions. If any street tree of a species governed by the City's native Tree Ordinance
requires removal and replacement, such tree shall be exempt from permit and mitigation requirements if replaced
in kind.
20.
This approval shall be for the removal of four native oak trees totaling 115 inches-dbh. Mitigation fees shall be paid
prior to issuance of any building permit. The following arborist recommendations shall be implemented:
• In order to protect native oak trees on adjacent properties, building permit applications shall indicate footings
as recommended in submitted arborist report (helical method or caissons). Should the footings be infeasible,
the applicant may coordinate with the adjacent property owner on the removal of these trees, however, a
separate Tree removal Permit shall be submitted and approved by the Community Development Department
prior to permit approval.
21.
All exterior lighting shall be shielded so as to be directed downward in
such a manner as to not create off-site glare or adversely impact adjacent
properties. The style, location and height of the lighting fixtures shall be submitted with the building plans and shall
be subject to approval by the Community Development Director or his designee.
22.
All walls/fences and exposed retaining walls shall be constructed of decorative materials as determined by the
Design Review Committee and shall not include precision block.
23.
It is the property owner's responsibility to insure that all construction of private property improvements occur on
private property. It is the owner's responsibility to identify the property lines and insure compliance by the owner's
agents.
24.
No storage of trash cans or recycling bins shall be permitted within the public
right-of-way.
Public Works Conditions
25.
The removal of curb, gutter and sidewalk will be limited to that which is needed for the new driveway configuration
as this frontage is new.
26.
An encroachment permit is required for all work within the Right of Way.
27.
A Stormwater Control Plan (SWCP) will be required with submittal of the construction permit application. This project
shall comply with all current stormwater regulations.
28.
The Soils Report will need to address the existing soil conditions with respect to pervious pavers if the soils has poor
percolation characteristics and shall specifically address if under -pavement drains are required.
29.
This project will require a safe overland route for stormwater run-off from a 100 -yr storm event assuming the
proposed storm sewer system on each side of Building #3 fails or exceeds capacity. The overland route cannot
impact the adjacent properties.
WHJR�l 14 011 L
Ma
aWihr�tiw -14-
w�� rrNrwva is
rlwaaaa��+
---1",-o- F %
Amo,
\) .
6
G
I
�
i
---1",-o- F %
Amo,
\) .
..,x.v.r say wr rss. rrwSLI I Ii
e ter: =c)VNNV
1 19 WREN
Nab INis i 12
1
! '.. • + � � CIESM°J��iEfff�fri4f � �1 t� �� Cl �1� � L�tBI�I f�I E!
141
J
O
d
d
N
CL
L
IL
N!
141
J
O
a
a)
Q
O
L
a
4-
0
c
O_
0
a
0
L
U -
cu
a)
0
C
a.
U)
77
Q
lVaN ONIHV9 la
s
—.� w .._�.......,_ • u--d-�-.r. _._.._., 4r+ .,_,_._, .ro �®.1� +.per..%
_-� ®C
r f
W
CL
O
L
a
O
C:
_O
O
CL
L
�
(if
0
t0
IL
m
U)
opztXi
b
Y
N
'M
0
V
d
R
IL
R
N
C
R
K
0
CL
R
N
V
z
R
A
R
3
CL
d
u
z
0
0
■3
W
O
CL
L
CL
M
m
�. -NNV
------------
4W C44144VO -tA
I
Li I
m
O.Sp.
n'%
1vo
1io
m
�r
s
Ory
w
a
1io
m
P
77 -7`777
EOVNNVe
WeiIx,mpl.R NP -MA
+��; t Vit.?E
. ' Fin � y4 �i�•ai -iina� fid
E)V N -, V - 0 E-)
r
NO
VD 'Y4p
re-v qool*DIiotit
sbi4l4r*- MR-POak :ODD
Wi363M�6f�i�xbNs�. YYb
w VW
1
t) v
11
turim
'OIW
Hl
EE:)VN VE
cJ
12VNV
Lj
.b+AFVY�FY:�iFfMeY Ii.YJi. Y`i YYI
2VNNV
19
IM 2091*1114 0, a
00RM9 Nr -PqK �
:YlW
's i l
u
[r-
'Ski
" _.
m !
lilt
111$911[=ly
RON
Sri
o.
U�
Fi
..,,..� .� d.�y ..•.�.�.�, ori °p�G@$k� c
Agri- part ") +
ao
m
a
x
C
i
IL
O
ic
s
m
lvgw ONIWY2 -M
%) .1b. NO
I
m