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Home My WebLink AboutPC Resolution 2003-0013FEB - 4 2003 ORIGINAL RESOLUTION NO. PC 2003-0013 CITY OF ATASCAD A RESOLUTION OF THE PLANNING COMMISSION PLANNING OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2002-0075 FOR A 2,592 SQUARE FOOT COMMERCIAL BUILDING, 1872 SQUARE FOOT FUTURE COMMERCIAL BUILDING EXPANSION, AND 1,800 SQUARE FOOT RESIDENTIAL DUPLEX BUILDING ON A 0.65 -ACRE SITE AT APN 029-302-047 & 029-312-036. (5245, 5265 El Camino Real / Stan Sherwin) WHEREAS, an application has been received from Stan Sherwin (5265 El Camino Real, Atascadero, CA 93422) Applicant and Property Owner for a Conditional Use Permit (CUP 2002- 0075) to construct a 2,592 square foot commercial building, 1,872 future commercial expansion, 1,800 square foot residential duplex building, parking lot and landscaping on one parcel in a commercial retail zoning district; and, WHEREAS, the site's General Plan Designation is GC (General Commercial); and, WHEREAS, the site's zoning district is CR (Commercial Retail); 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 Zone Change 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 February 4, 2003, studied and considered Conditional Use Permit (CUP 2002-0075), after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Certification of the Proposed Mitigated Nep-ative Declaration. The Planning Commission finds as follows: 1. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project's mitigation monitoring program as conditions of approval; and, 2. The project will not achieve short-term to the disadvantage of long term environmental goals; and, 3. The project does not have impacts which are individually limited, but cumulatively considerable; and, 4. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, SECTION 2. Findings for Approval of the Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); 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; 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; and, 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; and, SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 4, 2003, resolved to Conditional Use Permit 2002-0075 subject to the following conditions and exhibits: EXHIBIT A: Conditions of Approval/Mitigation Monitoring Program EXHIBIT B: Exterior Elevations EXHIBIT C: Site Plan & Preliminary Landscape Plan EXHIBIT D: Floor Plan EXHIBIT E: Preliminary Grading, Drainage & Utility Plan EXHIBIT F: Color and Material Sample Board EXHIBIT G: Sign Program EXHIBIT H: Master Plan of Development (Site Plan & Commercial Building Elevations) On motion by Commissioner Kelley, and seconded by Commissioner Porter the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners Kelley, Porter, Jones, Bentz, and Fonzi (5 ) NOES: None (0 ) ABSENT: Commissioner Eddings ( 1 ) ABSTAIN: None (0 ) ADOPTED: February 4, 2003 CITY OF ATASCADERO, CA Roberta Fonzi, Chairpers Atascadero Planning Commission Attest: arren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval Conditional Use Permit 2002-0075: Stan Sherwin/ K -Jon's Mixed -Use Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2002-0075: K -Jon's / Stan Sherwin /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Pemut BS: Building Services T0: Temporary Occupancy FD: Fire Depatnent FI: Final inspection PD: Police Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA City Attorney AMWC: Water Comp. Planning Services 1. This conditional use permit shall be for a 2,592 square On going PS foot commercial building, 1,872 future commercial expansion, 1,800 square foot residential duplex building, parking lot and landscaping on two adjacent parcels totaling 0.65 -acres as described on the attached exhibits and located on parcels 029-302-047, 029-312-036 (5245, 5265 EI Camino Real) regardless of owner. 2. The approval of this use permit shall become final and On going PS 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. On going PS 3. Approval of this Conditional Use Permit shall be valid for twelve (12) 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. 4. The Community Development Department shall have BP PS the authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Conditional Use Permit, (3) Adjust project intensity <10%). 5. All site improvements, lighting, landscaping, and BP PS building elevations including colors, material and FI finishes shall be consistent or superior to those shown in attached Exhibits B through H. 6. The Architectural Elevations as shown in Exhibit B and BP PS H shall include the following: a) All exterior finishes, materials and construction techniques shall be consistent with, or superior to those shown on the attached exhibits or conditioned. 7. There shall be no roof -mounted equipment on the BP PS residential duplex building. I FI Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation ` CUP 2002-0075: K- Jon's / Stan Sherwin /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department FI: Final inspection PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA CityMomey AMWC: Water Comp. residential duplex building. FI 8. All ducts, meters, air conditioning equipment, and all BP PS other mechanical equipment shall be located within the building or, if required on the rooftop, be designed to be below the building parapet. Any ground -mounted equipment shall be screened from public view with materials architecturally compatible with the main structure. Ground -mounted gas and electric meters, electric transformers, and large water piping systems shall be completely screened from public view with approved architectural features and/or landscape plantings. 9. The Community Development Department shall BP PS, BS approve a final landscape and irrigation plan consistent with Exhibits C and H, prior to the issuance of any building permit. Landscape plans and specification shall be prepared by a professional landscape architect and indicate the location, size, quantity and planting requirements of all plant materials. The plans shall include details for an automatic underground irrigation system. The landscape construction plan shall be consistent with the incorporation of the following features at a minimum: a) The species, size, quantity, and location of all proposed plant material will be indicated on the plans. b) All slopes in excess of 3:1 shall be planted with slope stabilizing plant materials and installed with jute mesh. c) Add irrigated vine pockets along the northerly retaining where the sidewalk abuts. d) All trees are to be 15 -gallon minimum size (except item i) and double -staked. e) Plant the parking lot edges along EI Camino Real with a low hedgerow planting along the backside of the parking lot curb. f) Specify 24 -inch box sized street trees adjacent to EL Camino Real. g) Landscape returns located in the front parking bank may be reduced to allow for one additional space. 10. Prior to the issuance of any future Phase II building GP PS permits, all off-site access and parking easements BP CA required from adjacent properties shall be approved by the City Attorney and recorded in favor of the project and it perpetuity. The required easements Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2002-0075: K -Jon's / Stan Sherwin /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Balding Permit BS: Building Services T0: Temporary Occupancy FD: Fire Department FI: Final inspection PD: Police Depar6nent F0: Final Occupancy CE City Engineer WW: Wastewater CA City Aamey AMWC: Water Comp. shall include one (1) reciprocal shared access drive aisle between adjacent southerly property at the location identified in Exhibits C and H. 11. Trash/recycle enclosure shall be constructed of tan BP PS split -face block material, with solid metal gates (painted to match building color) and sized to accommodate dumpster and recycle containers. The adjacent compact parking space may be deleted to accommodate this condition. 12. Signs shall be designed and located as identified on BP PS Exhibit C and G. No permanent or temporary signs are to be located upon the side or rear (north, south, east) elevations of the commercial building. Signs shall not be permitted on the residential duplex building. 13. The commercial and residential building arcade/porch BP PS columns shall be square symmetrical plaster columns. The carport shall be square symmetrical taster or wood columns. 14. The stucco siding shall not be machine or sprayed BP PS finished. 15. The roof pitch of the rectangular hipped tower over BP PS the main entrance shall match the 6:12 arcade roof itch, as viewed in side north, south elevation. 16. The future commercial building expansion front porch BP PS and staircase railing shall be decorative metal or heavy wrought iron, subject to staff approval 17. The storefront doors, and window glass shall be clear BP PS or only slightly tinted. 18. Special paving treatment shall be added at the two EI BP PS Camino Real driveway entrances, as identified on Exhibits C and H. 19. An arborist report is required to recommend any tree GP, BP PS protection requirements for an off-site native oak tree located adjacent to the northeast corner of the project site. Preservation recommendations shall include relocating the proposed retaining wall away from the property corner. Public Works — Drainage 20. The project may tie into the existing storm drain inlet BP BS, CE on EI Camino Real. The preliminary plans show a schematic layout of a drainage system. This system conveys most of the site storm water runoff directly to the existing storm drain inlet on EI Camino Real. Storm water flow, except from the immediate driveway, will not be conveyed across the sidewalk. 21. All drainage improvements shall be designed to City BP BS, CE of Atascadero Engineering Standards. A Registered Civil Engineer shall design the plans and submit Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2002-0075: K -Jon's / Stan Sherwin /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department FI: Final inspection PD: Police Deparlinent F0: Final Occupancy CE: City Engineer WAN: Wastewater CA. City Attomey AMC: Water Comp. drainage calculations for the system. The calculations shall support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow; the 25 -year flow with head, and provide safe conveyance for the 1 00 - ear overflow. Public Improvements (Project Frontage) 22. All public improvements shall be constructed in BP BS, CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Wastewater 23. This project shall connect to City sewer. The design BP BS, WW and construction of the connection shall follow all City standards. All fees shall be paid at the time of permit issuance. On -Site Improvements 24. The applicant will obtain approval by the City BP BS, CE Engineer of the grading & drainage plan and the storm drain design & facilities. 25. The preliminary plans show retaining walls along the BP BS, CE property lines. The walls shall be designed by a registered civil or structural engineer. A soils report shall be submitted specifying design parameters and drainage recommendations for the walls. The walls shall be designed to these parameters. Easements shall be obtained from the offsite property owners where access or grading is required to construct the walls. Wall material shall be subject to Planning Department approval. 26. Prior to issuance of any building permit related to BP CE, CA future Phase II improvements (Shown on the Master Plan of Development Exhibit H), the applicant shall provide an agreement with the adjacent southerly property owner, indicating acceptance of proposed future Phase II improvements including reciprocal access, parking, driveway and landscape. The agreement shall be subject to review and approval of the City Engineer and City Attorney. Standard Conditions 27. The applicant shall enter into a Plan Check & BP BS Inspection agreement with the City. 28. An encroachment permit shall be obtained prior to BP BS any work within City rights of way. 29. The applicant shall be responsible for the protection, BP BS relocation and/or alteration of existing utilities. Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2002-0075: K -Jon's /Stan Sherwin /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Pemit BS: Building Services TO. Temporary Occupancy FD: Fire Department FI: Final inspection PD: Police Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attomey AMC: Water Comp. 30. The applicant shall install all new utilities (water, gas, BP BS electric, cable TV and telephone) underground. 31. The applicant shall monument all property corners for BP BS construction control and shall promptly replace them if disturbed. 32. Prior to issuance of building permits, the applicant BP BS shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 33. Prior to the final inspection, all outstanding plan check BP BS and inspection fees shall be paid. 34. All construction activities shall comply with the City of BP BS Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Planning Commission. 35. Prior to the final inspection, the applicant shall submit BP BS a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC). Mitigation Measures BP PS 1.c.1 Mitigation Measure 1.c.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 30 -feet in height, limit intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. Mitigation Measure Il.c.2: The project landscape shall include BP PS 1.c.2 requiring 24 -inch box sized street trees adjacent to EI Camino Real. Mitigation Measure 3.b: The project shall be conditioned to BP BS 3.b comply with all applicable District regulations pertaining to the Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2002-0075: K -Jon's / Stan Sherwin /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fre Department FI: Final inspection PD: Police Depart hent F0: Fina Occupancy CE: City Engineer WW: Wastewater CA City Attorney AMWC: Water Comp. control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. B. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast -germinating native grass seed and watered until vegetation becomes established. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. Wheel washers may be required when significant offsite import or export of fill is involved. M. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. Mitigation Measure4.ef: An arborist report and tree GP, BP PS, BS, CE 4.ef preservation recommendations is required for any proposed construction or earthwork within or adjacent to the drip line of the existing off-site oak tree located at the northeast corner of the site, prior to grading or building permit issuance. Mitigation Measure 5.e: Should any cultural resources be GP BS 5.e unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2002-0075: Ktilon's / Stan Sherwin /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department Fl: Final inspection PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA City Attomey AMWC: Water Comp. a non-significant level. Mitigation Measure 6.b.1: The Building Permit Application GP PS, BS, CE 6.b.2 plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.2: All cut and fill slopes shall be GP PS, BS, CE 6.b.4 hydroseeded with an appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be GP BS 6.c.d submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. Mitigation Measure 8.e.f.1: A Stormwater Pollution Prevention GP PS, BS, CE 6.b.1 Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for GP PS, BS, CE 6.b.3 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d: All construction activities shall BP, GP PS, BS 11.d comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Conditions of Approval 1 Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2002-0075: K -Jon's / Stan Sherwin /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Pemrt BS: Building Services TO: Temporary Occupancy FD: Fre Department Fl: Final inspection PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA Cily Attorney AMWC: Water Comp. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Planning Commission. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. Mitigation Measure 15.g: The applicant shall provide BP BS 15.g reciprocal access easements to the northerly, central, and southerly adjoining properties per the proposed site plan. EXHIBIT B: Exterior Elevations CUP 2002-0075 OCXI M.. • MON pWlMlw gOOOOCT.O. EXHIBIT B: Exterior Elevations CUP 2002-0075 4 qui�rua� EXHIBIT C: Site Plan & Preliminary Landscape Plan CUP 2002-0075 �norntq ca�,su,tr�, a,��• , �-- u cuuNo RF+1L —•- - „w.... f� Muti 611� 11vi, K.rorEw� ws rrs JM4 c't JE1 ELKS 52artW rw+,in�tc � � r o•rwwmax A7�°aCAi�W�Cd� Gh 9°v4 -Z2 "0 ..a.•�, $ G9 L LAM@lo KCAL rONIt 466 •T24,6 EXHIBIT D: Floor Pian CUP 2002-0075 EXHIBIT E: Preliminary Grading, Drainage & Utility Plan CUP 2002-0075 a. "j----' .. .�� \ i ♦ n -1 yn � �,-.—�--. _tea �, /At -------- b _arrY 19,00'-•�S�JO�� ' l9.00•' gl, Ari1lID j{L Gi1�SS1CLLt�i'. N44R7' xW 201.00 ,�.x,w....�•wR _f�1rLIM �1»AbIN4 PLAN„ � A• inarllnerunr. oruox y� \ •7- uxxixo•reoeuniox °" � x. w.nRrur •p EXHIBIT F: Color & Material Sample Board CUP 2002-0075 EXHIBIT G: Sign Program CUP 2002-0075 Tenant Sign Locations WL je VorY �t141�k WM ixl't�r'• MajffYK� t�K ,i.r 60wr HWL04L TSMO I — f1o' liK hlt✓. T P.om#K'. 3' - JDA - ep 6-rr-w-r EXHIBIT H: Master Plan of Development (Site Plan) CUP 2002-0075 r o Note: Prior to issuance of any building permit related to future Phase II improvements, the { '+ applicant shall provide an agreement with the adjacent Q f ti southerly property owner, -1®8�" --4 indicating acceptance of v xw _ proposed future Phase II � F_ improvements including tc a reciprocal access, parking, driveway and landscape. The u N W 3 agreement shall be subject to 43 _ review and approval of the City Engineer and City Attorney. Ni —� aHe vExY�- F, , — ��► —> �� 2g' a v t c 4 Milt Aa S s 2e' s'tt�ua� 1Gibrttl4 ren e�ew�x� t oy26aS �1. 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