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HomeMy WebLinkAboutPC_2023-02-07_AgendaPacket CITY OF ATASCADERO PLANNING COMMISSION AGENDA In accordance with City Council Resolution No. 2023-001 and the requirements of AB 361, the Planning Commission Meeting will not be physically open to the public and Planning Commissioners will be teleconferencing into the meeting. HOW TO OBSERVE THE MEETING: To maximize public safety while still maintaining transparency and public access, the meeting will be available by clicking on the following link: Planning Commission - 832 5023 8111 (No Passcode Required) https://us02web.zoom.us/j/83250238111?pwd=SG9OdGxyNHNTNmxRWEpHTzRQK0VnQT09 The video recording of the meeting will be available through the City’s website and on the City’s YouTube channel. HOW TO SUBMIT PUBLIC COMMENT: Members of the public are highly encouraged to participate in live public comment through the Zoom platform using the link above or by calling 669-900-6833 (Meeting ID 832 5023 8111) to listen and provide public comment via phone. If you wish to comment but not via a live platform, please email public comments to: pc-comments@atascadero.org by 12:00 pm on the day of the meeting. Such email comments must identify the Agenda Item Number in the subject line of the email. The comments will be forwarded to the Planning Commission and made a part of the administrative record. If a comment is received after the deadline for submission but before the close of the meeting, the comment will still be included as a part of the administrative record of the meeting but will be forwarded to the Planning Commission the next business day. Please note, email comments will not be read into the record. AMERICAN DISABILITY ACT ACCOMMODATIONS: Any member of the public who needs accommodations should contact the City Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48 hours prior to the meeting or time when services are needed. The City will use their best efforts to provide reasonable accommodations to afford as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Planning Commission agendas and minutes may be viewed on the City's website: www.atascadero.org. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the Community Development Department and are available for public inspection on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the Planning Commission. The Minutes of this meeting will reflect these numbers. All documents submitted by the public during Planning Commission meetings that are either read into the record or referred to in their statement will be noted in the Minutes and available for review by contacting the Community Development Department. All documents are available for public inspection during City Hall business hours by appointment. WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. CITY OF ATASCADERO PLANNING COMMISSION AGENDA REGULAR MEETING Tuesday, February 7, 2023 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jeff van den Eikhof Vice Chairperson Tori Keen Commissioner Jason Anderson Commissioner Victoria Carranza Commissioner Greg Heath Commissioner Randy Hughes Commissioner Dennis Schmidt APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation . The Commission may take action to direct the staff to place a matter of business on a future agenda.) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one moti on if no member of the Commission or public wishes to comment or ask questions.) 1. HOME DEPOT CENTER PHASE II ENTITLEMENT TIME EXTENSION AT 940 EL CAMINO REAL The Planning Commission approved Conditional Use Permit DEV18-0073 with Resolution PC 2019-0001 on January 15, 2019. The applicant applied for their first-time extension on November 5, 2020, which expired on December 3, 2022. Consistent with California Government Code 661452.6(e), when an application for a time extension is received, the project is automatically extended for 60 days. (TEX22-0113) City of Atascadero Planning Commission Agenda Regular Meeting February 7, 2023 Page 2 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. Recommendation: Staff recommends the Planning Commission adopt the Resolution approving a one-year Time Extension for an amendment to the Home Depot Center Master Plan of Development (CUP 2000-0014) to allow a hotel where two retail buildings were previously approved. A. APPROVAL OF THE DRAFT MINUTES OF JANUARY 17, 2023 • Recommendation: Commission approve the January 17, 2023 Minutes. PLANNING COMMISSION BUSINESS COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers shou ld state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s). DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing, Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. 2. 10850 LLC VESTING TENTATIVE TRACT MAP FOR 10850 EL CAMINO REAL The 10850 El Camino Real project was originally submitted and approved in 2017 establishing a Planned Development Overlay Zone (#34) on the site. The original Tentative Tract Map expired in 2019. The applicant applied to revive the original Tract Map in 2020. However, in 2022, the applicant modified their map to include 43 condominiums units. This alteration to the map necessitates approval of a new Tentative Tract Map. (SBDV22-0085) Recommendation: Staff’s recommendation is for the Planning Commission adopt draft PC Resolution, approving Vesting Tentative Tract Map (TR 3187), approving a 31-lot subdivision and 43-residential airspace condominium units on resulting Lot 31 based on findings and subject to conditions of approval. City of Atascadero Planning Commission Agenda Regular Meeting February 7, 2023 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. 3. BARREL CREEK PLANNED DEVELOPMENT (CONTINUED FROM JANUARY 17, 2023) The Barrel Creek project proposes a mixed-use development at the intersection of Del Rio Road and San Ramon Road. The project includes a request for a Genera l Plan Amendment, Zone Map Amendment, creation of a Planned Development Overlay Zone, Master Plan of Development, Tentative Tract Map, and Tree Removal Permit. The project also includes a Master Sign Program that includes exceptions to the standard sign regulations and a height exception. Project addresses include 6010, 6020, 6030 Del Rio Road and 1505, 1855 San Ramon Road. A Notice of Intent to Adopt a Mitigated Negative Declaration (EDN2022 - 0005) was posted on 12/29/22 for public review. An update was posted and re- circulated for review on February 2, 2023. The public review period will end February 22, 2023. The document is available at www.atascadero.org/environmentaldocs. Recommendation: Staff’s recommendation is for the Planning Commission to adopt resolutions recommending that the City Council approve the Barrel Creek project. (DEV21-0066) COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be held on February 21, 2023 at 6:00 p.m. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to, this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting February 7, 2023 Page 4 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information at (805) 470-3400. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required). 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Co mmission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning an y other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development Department at (805) 461-5035 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. ITEM 1 2/07/23 940 El Camino Real TEX22-0113/ Westar Associates ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Atascadero Planning Commission Staff Report – Community Development Department Home Depot Center Phase II TEX 22-0113 940 El Camino Real (DEV18-0073) RECOMMENDATION(S): Staff recommends the Planning Commission adopt the Resolution approving a one-year Time Extension (TEX22-0113) for an amendment to the Home Depot Center Master Plan of Development (CUP 2000-0014) to allow a hotel where two retail buildings were previously approved. Project Info In-Brief: PROJECT ADDRESS: 940 El Camino Real Atascadero, CA APN 049-045-033 049-045-034 049-045-035 PROJECT PLANNER Mariah Gasch Associate Planner 470-3434 mgasch@atascadero.org APPLICANT Westar Associates PROPERTY OWNER Atascadero 101 Associates GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Commercial Park (CPK) Commercial Park (CPK) PD-9 Overlay Appx. 2.25 acres Vacant retail pads and parking area 131-room hotel 1 2/7/23 940 El Camino Real TEX22-0113/ Westar Associates Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial / Surrounding North: South: East: West: Marriot Hotel RSF-X OS Salinas River HWY 101 RS RMF-24 Home Depot CPK / PD-9 HWY 101 Graves Creek RS Background: The Planning Commission approved Conditional Use Permit DEV18-0073 with Resolution PC 2019-0001 on January 15, 2019. The applicant applied for their first-time extension on November 5, 2020, which expired on January 15, 2022. The applicant applied for a 2nd time extension on December 3, 2021 which expired January 15, 2023.This is the third time extension requested for this project. The applicant applied for their third extension on December 3, 2022. Consistent with California Government Code 661452.6(e), when an application for a time extension is received, the project is automatically extended for 60 days. Summary: The approved Master Plan of Development amendment includes replacing 18,000 square feet of unbuilt retail space with a 4 -story, 131-room hotel. Only a conceptual design for the hotel has been provided and approved. 2 2/7/23 940 El Camino Real TEX22-0113/ Westar Associates Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Current Proposal - Aerial Perspective Looking West Analysis: Atascadero Municipal Code Section 9-2.117 allows the Planning Director to grant a one- year extension to the time limit of an entitlement. That first one-year extension was previously granted. The Planning Commission may grant additional extensions after the first extension. The proposed time extension would extend the amount of time the applicant has to satisfy conditions of the Conditional Use Permit. The applicant must apply for a building permit for the hotel structure on or before January 15, 2024, unless an additional time extension has been granted, or the Amendment to the Master Plan of Development shall expire. The Planning Commission has the ability to grant an extension up to one year, consistent with Section 9-2.117. Simulation of the View from Northbound Highway 101 3 2/7/23 940 El Camino Real TEX22-0113/ Westar Associates Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 2019 Proposed Site Plan Conclusion The requested time extension would grant an additional 12-months to apply for building permits for the hotel structure approved through DEV18 -0073. There is no limit to the number of extensions that may be granted by the Planning Commission, provided findings are able to be made. No significant factors have changed to warrant reconsideration of project conditions or entitlements. Staff recommends the Planning Commission approve the time extension as requested. FINDINGS: To approve Time Extension TEX 22-0113, the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached resolution. Finding #1 There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement (AMC 9-2.117(a)(1)); There have been no applicable changes to the General Plan or zoning regulations since the project was entitled. All conditions of approval and required mitigation Existing Springhill Suites Proposed Hotel Existing Staples 4 2/7/23 940 El Camino Real TEX22-0113/ Westar Associates Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero measures are to be completed in addition to all applicable zoning requirements and General Plan requirements. Finding #2 There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project (AMC 9- 2.117(a)(2)). There has been no new construction within the Master Plan of Development area and very little turnover in tenants. There have been no changes in the character or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project. ALTERNATIVES: 1. The Planning Commission may include modifications to the project and/or conditions of approval for the project. Any proposed modifications including conditions of approval, should be clearly re-stated in any vote on any of the attached resolutions. 2. The Planning Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required. A motion, and approval of that motion, is required to continue the item to a future date. 3. The Planning Commission may deny the project. The Commission must specify what findings cannot be made, and provide a brief oral statement, based on the Staff Report, oral testimony, site visit, correspondence, or any other rationale introduced and deliberated by the Planning Commission. ATTACHMENTS: 1. Conditions of Approval PC Resolution 2019-0001 2. Draft PC Resolution 2023 5 2/7/23 940 El Camino Real TEX22-0113/ Westar Associates Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Conditions of Approval TEX 22-0113 Conditions of Approval Master Plan of Development Hotel 940 El Camino Real DEV18-0073 / TEX22-0113 1. This Conditional Use Permit shall amend CUP 2000-0014 to allow a hotel use as described in these Conditions of Approval and generally shown in attached Exhibits C D, and E located at 940 El Camino Real, legally described as Parcels 2, 3 and 4 of Lot Line Adjustment ATAL 12-0072 (Certificates of Compliance recorded as Official Records 12-004603, 12-004604, and 12-004605), City of Atascadero, County of San Luis Obispo, State of California, (Assessor’s Parcel Numbers 049-045-033, 049-045-034 and 049-045-035), regardless of owner. 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless an appeal of the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. All Conditions of Approval of Planning Commission Resolution 2012-0020 shall remain in effect unless specifically amended or superseded by this resolution. The approval to allow two retail pads on the subject lots shall remain in force as an alternative to the hotel. 4. Ongoing, any increase to the number of hotel rooms, the maximum height of the building, or the addition of exhibit/conference space must be approved by the Planning Commission. 5. Before the project may receive building permits, the site plan, landscape plan, elevations, and signage plan shall be reviewed by the Design Review Committee. The determination of the Design Review Committee shall be binding on the project unless appealed to the Planning Commission. 6. The Community Development Department shall have the authority to approve minor changes to the project that (1) modify the site plan of the project 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. 7. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months after its effective date. At that time, the Master Plan of Development shall revert back to the project described in Planning Commission Resolution 2012-0020, unless the project has applied for a building permit for the hotel structure or received a time extension. 8. The owner and 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 this conditional use permit. 9. The hotel shall be limited to a maximum of 131 bedrooms. 10. All buildings shall be limited to a maximum of 4 above-ground stories and 60 feet in height. 11. To the satisfaction of the Design Review Committee, the architectural style, colors and materials of the hotel shall be compatible with the existing hotel. 12. The owner shall install any new utilities placed for the hotel underground. 6 2/7/23 940 El Camino Real TEX22-0113/ Westar Associates Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 13. Before building permits may be issued, the owner shall apply for and record a Lot Line Adjustment so that buildings are not constructed over lot lines. Easements shall be provided for drainage and circulation throughout the subject site as needed. 14. Before building permits may be issued, the owner shall prepare an acoustical analysis of noise received by the project from Highway 101 and other sources. The project shall be designed and constructed so that noise in outdoor activity areas does not exceed 60 dBn or CNEL, and noise indoors does not exceed 45 dBn or CNEL. 15. No new free-standing freeway-oriented signage structures may be erected (no additional pylon signs or pole signs). New sign faces for the hotel may be placed on/in existing pylon structures. Sign faces added to the pylon sign shall not have a white or similar pale-color background. 16. No new free-standing or monument signs may be erected unless the existing monument sign near the intersection of El Camino Real and the first entrance to the center is removed. Any new monument sign may be permitted up to 10 feet in height with 60 sq. ft. of sign area per side. Landscaping shall be installed at the base of the sign. No cabinet signs are permitted on the existing or future monument signs. 17. Wall-mounted signage may be installed on walls of the building that face the freeway, a parking lot, or public street. Each sign shall be proportionate to the size of the wall as determined by the Design Review Committee, not to exceed 1 square foot per linear foot of building frontage. Wall signs shall be made of individual channel letters or be exteriorly illuminated (no internally illuminated cabinet signs permitted). 18. The owner shall provide a minimum of 200 parking spaces within the center on the west side of El Camino Real. The parking spaces may be used in common for the entire center. 19. The owner shall provide and maintain a minimum of 323 parking spaces within 400 feet of the subject property. The parking spaces may be used in common for the entire center. 20. If project uses change from those anticipated by the Trip Generation Analysis prepared by Associated Transportation Engineers on October 18, 2018, then the circulation impacts of the project shall be reanalyzed. Depending on anticipated impacts, signalization of the El Camino Real / San Ramon intersection may be required to be installed by the owner. 21. The owner shall provide an accessible paved sidewalk connection between the front door of the hotel and the parking lot immediately in front of the existing hotel as generally shown in Exhibit D. The design and location shall be to the satisfaction of the Director of Community Development. 22. The owner shall provide an accessible paved sidewalk connection between the front door of the hotel and the El Camino Real sidewalk as generally shown in Exhibit D. The design and location shall be to the satisfaction of the Director of Community Development. 23. The owner shall provide crosswalk striping, signage and/or lighting to the satisfaction of the City Engineer across El Camino Real at the intersection with the second driveway into the center as generally shown in Exhibit D. 24. The owner shall provide an internal paved pedestrian/bicycle connection to the public bicycle path located along the southwest side of the property between the two hotels as generally shown in Exhibit D. The design and location of the connection shall be to the satisfaction of the Director of Community Development and the City Engineer. 25. A minimum 10-foot wide landscaped setback shall be maintained between the public bicycle path and the rear of the hotel and/or any fencing or walls in proximity to an outdoor swimming pool/recreation area. 26. No fence or wall shall be placed between the hotel and the public bicycle path except in proximity to an outdoor swimming pool/recreation area to the satisfaction of the Design Review Committee. 27. The landscape plan shall include trees with an expected height of approximately 20 feet on both sides of the bicycle path at a rate of 30 feet on center. 7 2/7/23 940 El Camino Real TEX22-0113/ Westar Associates Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 28. All landscape areas shall be maintained in good condition in perpetuity and dead or damaged/diseased landscape shall be replaced with like species. 29. No growth control agents shall be applied to landscape trees. 30. Tree canopy trimming shall preclude trimming of primary leader branches on trees. Trees shall be pruned and trained to reach natural height, while thinning overall canopy for balance and maintenance. 31. A Preliminary Storm Water Control Plan (PSWCP) must be submitted and shall be prepared in accordance with the State regulations (Regional Water Quality Control Board Res. No. R3-2013-0032). The PSWCP shall be completed using the City standard form available from the Building Permit Counter and shall include a preliminary hydrology report. The preliminary hydrology report shall be prepared and submitted for review and approval by the City Engineer. The analysis shall indicate the effects of the proposed development on adjacent and downstream properties. The scope of the study shall include analysis of all existing public and private drainage infrastructure between the subject property and an adequate point of discharge. Storm water detention or retention facilities will be required. Detention or retention facilities and associated drainage improvements shall be privately owned and maintained by the property owner. 8 2/7/23 940 El Camino Real TEX22-0113/ Westar Associates Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Draft PC Resolution 2023 TEX 22-0113 DRAFT PC RESOLUTION 2023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION (TEX 21-0105) FOR HOME DEPOT CENTER PHASE II ON APN 049-045-033, 049-045-034, and 049-045-035 WESTAR ASSOCIATES 940 EL CAMINO REAL WHEREAS, an application has been received from Westar Associates (Owner), 4650 Von Karman Ave., Newport Beach, CA 92660, to consider a second one-year time extension for an amendment to the Home Depot Center Master Plan of Development (CUP 2000-0014) to allow a hotel where two retail buildings were previously approved. (APN 049-045-033, 049-045-034); and WHEREAS, the Planning Commission approved an amendment to the Master Plan of Development (DEV18-0073) on January 15, 2019; and WHEREAS, the applicant was granted a one-year administrative time extension on December 3, 2020 extending the expiration date of the entitlement to January 15, 2022; and WHEREAS, the applicant was granted a one-year administrative time extension on December 3, 2021, extending the expiration date of the entitlement to January 15, 2023; and WHEREAS, the applicant has requested a third one-year time extension for the amendment to the Home Depot Center Master Plan of Development (CUP 2000-0014) to allow a hotel where two retail buildings were previously approved, consistent with Atascadero Municipal Code Section 9-2.117; and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Time Extension. The Planning Commission finds as follows: 1. There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement; 2. There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project. 9 2/7/23 940 El Camino Real TEX22-0113/ Westar Associates Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero SECTION 2. Approval. The Planning Commission of the City of Atascadero, California does hereby approve a one-year time extension of the amendment to the Master Plan of Development (DEV18-0073), to extend the expiration date to January 15, 2024. On motion by Commissioner _____________, and seconded by Commissioner __________ the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jeff van den Eikhof Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ITEM NUMBER: 2 DATE: 2/7/2023 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Atascadero Planning Commission Staff Report – Community Development Department 10850 LLC Vesting Tentative Tract Map SBDV22-0085 RECOMMENDATION(S): Planning Commission adopt draft PC Resolution, approving Vesting Tentative Tract Map (TR 3187), approving a thirty-one-lot subdivision and forty-three (43) residential airspace condominium units on resulting Lot 31 based on findings and subject to conditions of approval. Project Info In-Brief: PROJECT DESCRIPTION The proposed project is for a condo map at 10850 El Camino Real on APN 045-351-008 to allow for a subdivision of one lot into 31 lots and 43 airspace condominium units on the resulting Lot 31. PROJECT ADDRESS: 10850 El Camino Real Atascadero, CA APN 045-351-008 PROJECT PLANNER Mariah Gasch 470-3446 mgasch@atascadero.org APPLICANT 10850, LLC PROPERTY OWNER 10850, LLC GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE High Density Residential (HDR) Residential Multi-Family (RMF-24) 3.78 net acres Multi-Family Project Single-Family Residential/ Multi-Family Condominiums ENVIRONMENTAL DETERMINATION ☒ Negative / Mitigated Negative Declaration No. 2017-0009 33 ITEM NUMBER: 2 DATE: 2/7/2023 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Existing Surrounding Uses Existing Zoning Existing Aerial / Surrounding North: South: East: West: RMF-24 RMF-24 RMF-24 / Public Highway 101 Background The 10850 El Camino Real project was originally submitted and approved in 2017 establishing a Planned Development Overlay Zone (#34) on the site. The original Tentative Tract Map expired in 2019. The applicant applied to revive the original Tract Map in 2020. However, in 2022, the applicant revised their map to include 43 condominiums units. This alteration to the map necessitates a new Tentative Tract Map. Summary The development at 10850 El Camino Real (formerly known as “Hartberg”) was approved by the Planning Commission in 2017. The zoning of the approved project is residential multi-family (RMF), which permits between 20 to 24 units per acre. The minimum lot size in the RMF zone is ½ acre. To achieve the desired unit mix, allow for smaller lot sizes, and specific development standards, the applicant requested a planned development overlay zone be applied to the property. The Planned Development Overlay allows for flexibility in density, setbacks, lot sizes, and other creative arrangements in exchange for high quality architectural design, high quality landscaping, affordable housing, and open space. The proposed density for the project is 20 units per acre, consistent with the RMF -24 zoning district. The approved project includes a new local street that intersects El Camino Real to provide access to all residential units. 34 ITEM NUMBER: 2 DATE: 2/7/2023 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero The project approved in 2017 consisted of a total of 75-unit residential units that included: • 48 apartments at a total of 3-stories in height; • 20 attached townhomes, 2-stories in height; • 7 single-family residential cottages; • On-site parking is to be provided; • Landscaping, and on-site amenities including BBQ area, patio and gardens The project area is approximately 3.79 acres with a gentle slope of 6%. Construction of the units is ongoing. The project was originally approved with 48 senior apartments. The project description has changed from 48 proposed apartments to 43 condominium units. The development is no longer proposed to be required to senior housing. Therefore, the floor plan was modified to meet the density required by the City’s Municipal Code. Analysis Subdivision The map includes the proposed subdivision of an existing parcel into a total of 32 lots. Of these, 27 lots are for the development of 27 attached and detached single family dwelling units, one (1) lot for the development of a 43-unit condominium building, and four (4) common lots for the development of circulation, drainage, and on-site amenities. The map is in conformance with the California Subdivision Map Act and meets the standards for the City’s Subdivision Regulations under PD zoning. Proposed Map Lot 31 for 43 condominium units HWY 101 El Camino Real 35 ITEM NUMBER: 2 DATE: 2/7/2023 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Site Design and Architecture The proposed residential units have a cohesive architectural detailing. The detached single-family cottages exhibit elements of California Craftsman style, including pitched roofs, exposed eaves with stucco and stone veneer accents. The proposed townhouse portion of the development includes a mix of siding and boards and batten. Varying rooflines and setbacks are utilized to reduce bulk in the units, as well as other architectural features. The senior apartments also include the use of stucco, siding, and exposed beams. All units contain a stone / rock veneer as a tying element for the development. The architectural elements have been endorsed by the DRC. Rendering of Proposed Condominium Building The attached and detached single family residences are two (2) stories in height, while the condominium building is three (3) stories in height. Maximum height of the cottages and townhomes shall not exceed maximum heights established by the municipal code which is 30 feet, and a maximum of 2 -story in residential zones. The condominium portion does exceed the maximum heights and number of stories established for residential uses. The senior housing elevations show a maximum height of approximately 43-feet. Based on finding and conditions of approval, the Planning Commission approved a height exception with the master plan of development in 2017. Conclusion The proposed project is consistent with the Zoning Ordinance and meets minimum density established by the Atascadero Municipal Code. The proposed project is designed to create a neighborhood that provides a variety of residential units for families and income levels at various stages of life. The proposed development contains high qu ality architectural design and landscaping, as well as affordable housing units. The proposed project meets the overall goals and vision of the City’s General Plan. ENVIRONMENTAL DETERMINATION: The City of Atascadero prepared an Initial Study to determin e if the proposed project would have a significant adverse effect on the environment. The Initial Study found that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been 36 ITEM NUMBER: 2 DATE: 2/7/2023 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero made or agreed to by the project proponent. Consequently, a Mitigated Negative Declaration was prepared for the Project. (See Attachment 2.) Mitigated Negative Declaration No. 2017-0009 was adopted by the City Council on August 8th, 2017. FINDINGS: To recommend approval of the proposed project, findings are required to be made by the Planning Commission. The City’s General Plan and Zoning Ordinance identify the specific findings that must be made to approve Vesting Tentative Tract Map TR 3187. All findings and the facts to support these findings are included in the Draft Resolution. ALTERNATIVES: 1. The Planning Commission may include modifications to the project and/or conditions of approval for the project. Any proposed modifications including conditions of approval, should be clearly re-stated in any vote on any of the attached resolutions. 2. The Planning Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required. A motion, and approval of that motion, is required to continue the item to a future date. 3. The Planning Commission may deny the project. The Commission must specify what findings cannot be made, and provide a brief oral statement, based on the Staff Report, oral testimony, site visit, correspondence, or any other rationale introduced and deliberated by the Planning Commission. ATTACHMENTS: 1. Draft Resolution 2. Mitigated Negative Declaration No. 2017-0009 37 ITEM NUMBER: 2 DATE: 2/7/2023 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Draft Resolution SBDV22-0085 DRAFT PC RESOLUTION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING SBDV22-0085 (VESTING TENTATIVE TRACT MAP TR 3187) FOR A 32 LOT SUBDIVISION WITH 43 AIRSPACE CONDOMINIUMS ON LOT 31 LOCATED AT 054-351-008 10850 EL CAMINO REAL / 10850, LLC WHEREAS, an application has been received from 10850, LLC (Applicant/ Owner), 701 Shadow Lane #300, Las Vegas, NV, 89106, to consider a 32-lot subdivision including 43 airspace condominiums units on a 3.79 acre site located at 10850 El Camino Real, Atascadero, CA 93422 (APN 045-351-008); and WHEREAS, the site has a General Plan Designation of High Density Residential (HDR); and WHEREAS, the site is in the Residential Multi-Family 24 (RMF-24) zoning district; and WHEREAS, the existing site has a gross area of 3.79 acres; and WHEREAS, the minimum lot size in the Residential Multi-Family 24 zone is 0.5 acres; and WHEREAS, the resulting lots from the subdivision are consistent with Planned Development Overlay #34; 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 Subdivision and 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 Subdivision; and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Recitals: The above recitals are true and correct. 38 ITEM NUMBER: 2 DATE: 2/7/2023 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero SECTION 2. Public Hearings. The Planning Commission held a duly noticed public hearing to consider the project on February 7, 2023 and considered testimony and reports from staff, the applicants, and the public. SECTION 3. Findings. The Planning Commission makes the following findings, determinations and approvals. a. Findings for Approval of a Tentative Tract Map 1. FINDING: The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan; and Fact: The proposed subdivision has been designed and includes proposed improvements that are consistent with the City’s adopted General Plan, in addition to the requirements that have been codified for the Planned Development Overlay Zone No. 34. 2. FINDING: The site is physically suitable for the type of development; and Fact: The proposed site is suitable for this type of development as the grades are gently sloping. Based on the approved grading plan, the subdivision contains a number of lots and residential units that are consistent with the density of the underlying Residential Multi-Family Zoning District (RMF-24), of a maximum of twenty four (24) units per acre. 3. FINDING: The site is physically suitable for the proposed density of development; and Fact: The site is directly adjacent to neighborhoods that are zoned Residential Multi- Family 24, which allow for the development of parcels with a maximum density of twenty-four (24) units per acre. Therefore, the project is consistent with the surrounding neighborhood and is suitable for the proposed density. 4. FINDING: The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; and Fact: The project has been analyzed, consistent with the California Environmental Quality Act (CEQA), through certified Mitigated Negative Declaration, Environmental Document No. 2017-0009. With the incorporation of mitigation measures, in addition to project conditions, the proposed project’s impacts will be mitigated to a threshold of less than significant. Therefore, the project will not create substantial environmental damage. 5. FINDING: The design of the subdivision or the type of improvements will not cause serious health problems; and 39 ITEM NUMBER: 2 DATE: 2/7/2023 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Fact: The proposed project and the types of improvements include a subdivision for a total of 70 residential units over 32 lots. Since the project is residential in nature, and the improvements have been reviewed for consistency with the threshold established by the City, through adopted ordinances, and City policies, the proposed project will not cause serious health problems. 6. FINDING: The design of the subdivision will not conflict with easements for access through or use of property within the proposed subdivision. Fact: The installation of public improvements is necessary, prior to recordation of a Final Map, in order to ensure orderly development of the surrounding area. 7. FINDING: The proposed projector use satisfies all applicable provisions of the Title 9 of the Atascadero Municipal Code this title. Fact: Public improvements are included, as conditioned by the City Engineer, are required and consistent with the City’s adopted General Plan, Master Facilities Plan, and Municipal Code. Therefore, the proposed improvements are necessary to ensure orderly development of the surrounding area. SECTION 4. CEQA. The project is consistent with Mitigated Negative Declaration No. 2017-0009 adopted by City Council on August 8th 2017. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 7, 2023, resolves to approve 10850 El Camino Real Tentative Tract Map TR 3187 (SBDV22-0085), subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Vesting Tentative Tract Map TR 3187 On motion by Commissioner _____________, and seconded by Commissioner __________ the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jeff van den Eikhof Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 40 ITEM NUMBER: 2 DATE: 2/7/2023 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT A: Conditions of Approval SBDV 22-0085 Conditions of Approval 10850 El Camino Real SBDV22-0085 Timing BL: Business License FM: Final Map GP: Grading Permit BP: Building Permit PIP: Public Improvement Plans FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Planning Conditions 1. SBDV22-0077 (Vesting Tentative Tract Map TR 3187) shall be for the subdivision of 10850 El Camino Real; A portion of Lot 4, Block 35 of the City of Atascadero, County of San Luis Obispo, State of California, according to the map recorded October 21, 1914 in Book 3, Page 46 of Maps, in the office of the county recorder of said county. (Assessor’s Parcel Number’s 054-351-008), as generally shown in attached Exhibit B, regardless of owner. The Tract Map allows for: a. The subdivision of one existing parcel into 32 parcels, and b. A 43-unit airspace subdivision on resulting Parcel 31 Ongoing 2. The appeal period is 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. Ongoing 3. Approval of this Tentative Tract Map shall be valid for a period of twenty-four (24) months, consistent with Section 66452.6(a)(1) of the California Subdivision Map Act. The approved Tentative Tract Map may be extended consistent with Section 66452.6(e) of the California Subdivision Map Act. Any requested map extension shall be consistent with Section 11-4.23 of the Atascadero Municipal Code FM 4. The applicant shall deed restrict the following affordable housing units within the development prior to or concurrently with recordation of a Final Map for the project: • 3 units dedicated to persons of very low income; • 6 units dedicated to persons of low income; Prior to the issuance of building permits: • Applicant shall construct six (6) units dedicated to persons of moderate income and record deed restrictions for these units; or • Pay an in-lieu fee of 5.00% of the construction valuation of six (6) market rate units. For sale units shall be deed restricted for 30 years. Units that are designated affordable that are rental units shall be restricted for 55 years. FM 5. The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the Community Facilities District and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. • All Atascadero Police Department service costs to the project. • All Atascadero Fire Department service costs to the project. FM 41 ITEM NUMBER: 2 DATE: 2/7/2023 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval 10850 El Camino Real SBDV22-0085 Timing BL: Business License FM: Final Map GP: Grading Permit BP: Building Permit PIP: Public Improvement Plans FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy • Off-site common City of Atascadero park facilities maintenance service costs related to the project. 6. All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a Homeowners Association established by the developer subject to City approval or similar maintenance entity. The Ho meowners Association or similar maintenance entity must be in place prior to, or concurrently with, acceptance of any Final Map. The Homeowners Association or similar entity shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Homeowners Association. • All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. • All parks, trails, recreational facilities and like facilities. • All open space and native tree preservation areas. • All drainage facilities and detention basins. • All creeks, flood plains, floodways, wetlands, and riparian habitat areas. • All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. • All frontage landscaping and sidewalks along public streets per municipal code requirements. FM 7. Prior to Final Map, the applicant shall submit CC&Rs for review by the Community Development Department. The CC&R’s shall record with the Final Map and shall include the fo llowing: • Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. • A detailed list of each individual homeowner’s responsibilities for maintenance of the individual units. • Individual unit’s responsibility for keeping all trash receptacles within the unit’s garage. • Include provisions for ensuring parking within garages. CC&R’s may include the entire project under one document or may be tiered should separate governing documents be desired for the single-family and multi-family portions of the project. FM 8. A condo plan shall be prepared and reviewed by the City prior to recordation. The condo plan shall record concurrently with the final map and shall be listed on the face of the map. FM 9. The Applicant shall enter into a Subdivision Agreement with the City and bond for all subdivision improvements (public and certain private improvements) that are not completed prior to recordation of the first Final Map and each subsequent phased Final Map. T he Subdivision Improvement Agreement and bond shall be approved by the City Council and prepared in accordance with City regulations. FM 10. An engineer’s Estimate of Probable Cost shall be submitted for review and approval by the City Engineer to determine the amount of the bonds. FM/ PIP 42 ITEM NUMBER: 2 DATE: 2/7/2023 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval 10850 El Camino Real SBDV22-0085 Timing BL: Business License FM: Final Map GP: Grading Permit BP: Building Permit PIP: Public Improvement Plans FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy 11. If the tract monuments are not set prior to recordation of the Final Map, the Surveyor shall submit a letter stating the cost required to set the tract monuments and the Applicant shall submit a Monumentation Bond in an equal amount, to the satisfaction of the City Engineer. FM 12. Prior to recording the Final Map, the Applicant shall have the map reviewed by the public utility providers for power, telephone, gas, cable TV, and the Atascadero Mutual Water Company. The Applicant shall obtain a letter from each utility company stating that the easements and rights - of-way shown on the map for public utility purposes are acceptable. FM 13. Documents that the City of Atascadero requires to be recorded concurrently with the Fina l Map (e.g.: off-site rights-of-way dedications, easements not shown on the map, agreements, etc.) shall be listed on the certificate sheet of the map. FM 14. The on-site road shall be privately owned and maintained. The Final Map shall dedicate an easement over the road for access, drainage, public utilities, p rivate water and private wastewater purposes. FM 15. In lieu of dedicating 0.94 acres of public park space, a parkland dedication fee (Quimby Act Fee) must be paid prior to the recordation of a Final Map. FM 16. Vesting Tentative Subdivision Map for all lots proposed in Tract 3187 was deemed complete on February 7, 2023, for the purposes of vested development rights and fees consistent with the Subdivision Map Act of the State of California. 17. The Subdivider 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 subdivision. Ongoing Public Works Conditions 18. Subdivision improvement plans shall be prepared by a registered Civil Engineer and approved by the City Engineer prior to the start of any work. The plans shall include, but are not limited to the following: a. On-site and of-site subdivision grading, drainage and erosion control. b. Public and private street design. c. Public and private utilities necessary to serve the subdivision and each lot. d. Extension or modifications to the AMWC water distribution system e. Extension or modifications to the City wastewater collection system. f. Storm water management and/or storm water collection system. BP/PIP 19. The property owner shall dedicate a 6-feet wide Public Utility Easement (PUE) contiguous to the El Camino Real right-of-way to the satisfaction of the utility purveyors and City Engineer. FM 20. The water system may require easements outside of the road rights -of-way for water system facilities to the satisfaction of the AMWC and City Engineer. BP/GP 21. Soils and/or Geology Report providing technical specifications for grading of the site shall be prepared by a Geotechnical Engineer. BP/GP 43 ITEM NUMBER: 2 DATE: 2/7/2023 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval 10850 El Camino Real SBDV22-0085 Timing BL: Business License FM: Final Map GP: Grading Permit BP: Building Permit PIP: Public Improvement Plans FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy 22. The City Engineer may require the Geotechnical Engineer to either sign the improvement plans or provide a letter stating that the recommendations in the soils report have been incorporated into the improvement plans. BP/GP 23. The subdivision shall be designed to intercept cross lot drainage and direct any overland run -off to an approved point of discharge (e.g. - street, storm drain, drainage swale & easement, other acceptable point of discharge), as approved by the City Engineer. BP/GP 24. A Storm Water Control Plan (SWCP) shall be prepared in accordance with City and State regulations (Regional Water Quality Control Board Res. No. R3-2013-0032). The SWCP shall be completed using the City standard form available from the Building Permit Counter, or, can be e-mailed as a PDF or WORD document if requested. A detailed hydrology study shall be prepared and submitted for review and approval by the City Engineer. The analysis shall indicate the effects of the proposed development on adjacent and downstream properties. The scope of the study shall include analysis of all existing public and private drainage facilities and creek capacities between the subject property a nd an adequate point of discharge. Storm water detention or retention facilities are required. All proposed detention or retention basin and associated drainage improvements shall be privately owned and maintained by the Home Owners' Association. The analysis shall be prepared consistent with City and State standards for post-construction storm water quality and control and shall include details of storm water detention and treatment improvements, to the satisfaction of the City Engineer. The following information shall be included: a. Each Post-Construction Requirement (PCR) identified in the Storm Water Control Plan (SWCP) b. A list of each Structural Control Measures (SCM) associated with each PCR c. The area (in SF) of the impervious surface associated with each PCR d. The total area (in SF) of impervious surfaces to be constructed per the plan set e. This project includes PCRs 2, 3, or 4 and therefore is required to prepare and submit an Operations/Maintenance Plan (OMP) for each PCR. When a project includes PCRs 3 or 4, an Operations/Maintenance Plan & Schedule (OMPS) is required to be prepared for each PCR. In soils types not conducive to percolation, the plans may be required to include details for amended permeable layers of material below drainage features and the basin to enhance and promote percolation of storm water. BP/GP 25. A Storm Water Pollution Prevention Plan (SWPPP) is required prior to any ground disturbing activities. The WDID number provided upon acceptance of the SWPPP into the State’s SMARTS system registration shall be noted on the Title Sheet of the Public Improvement Plans. BP/GP 26. Detention Basin. Any drainage basin which has a downstream outlet designed to meter the outflow shall be classified as a detention basin. Basin capacity shall be based on receiving the runoff from a 50-year storm with the watershed in its fully-developed condition, and releasing the flow equivalent to the runoff from a 2 -year storm with the project site in its pre- development condition. The outlet shall release water in a non-erosive manner. BP/GP 27. Subsurface Infiltration Basins. Subsurface basins may be used for either retention or detention of site runoff, where their application is suitable for project conditions. Subsurface basins shall be limited to locations where the depth to seasonally high groundwater is greater than 10 -feet below the deepest portion of the basin. The Project Engineer must address the following: BP/GP 44 ITEM NUMBER: 2 DATE: 2/7/2023 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval 10850 El Camino Real SBDV22-0085 Timing BL: Business License FM: Final Map GP: Grading Permit BP: Building Permit PIP: Public Improvement Plans FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy a. Design Criteria. i. Distance to structures on site ii. Maintenance practicality including landscape maintenance and maintenance access iii. Long-term percolation rate iv. Surface (vehicle) loading characteristics (where applicable) c. Drain Rock. Drain rock shall be per the manufacturer’s specifications. Where no specification exists, drain rock shall be clean, crushed granite (or clean, angular rock of similar approved hardness) with rock size ranging from 1-1/2-inch to 3/4-inch. Rock gradation shall conform to the Specification of ASTM C-33 #4. d. Operational Requirements. i. Water quality of inflow (both sediment and chemical loading) may require pretreatment or separation ii. Maintenance plan, including provisions for vehicular access and confined-space entry safety requirements, where applicable 28. Overflow Path Required. The design of all drainage basins shall identify the designated route for overflow. The Project Engineer shall design the overflow path so that the flow in a 100 -year storm is non-erosive and will not damage downstream improvements, including other basins. Easements may be required for concentrated flows across multiple properties. BP/GP 29. The subdivider shall complete street improvements in accordance with City Standard Details and Standard Specifications and to the satisfaction of the City Engineer. The following are minimum requirements to be incorporated into the project: f. New sidewalk, curb & gutter shall be installed across the property frontage and shall match the existing adjacent frontage improvements. g. The on-site private road shall be designed and constructed with a structural section based on "R" value testing, utilizing the Traffic Index = 5.5 (with a 20 -yr design life). The Applicant shall be responsible for providing all testing and calculations. Calculations shall include the safety factor defined in the State Highway Design Manual. The minimum asphalt thickness shall not be less than 3-inches. h. Street pavement shall be widened to meet the new frontage improvements. El Camino Real pave-out shall be designed and constructed with a structural section based on "R" value testing, utilizing the Traffic Index = 10 (with a 20-yr design life). The minimum asphalt thickness shall not be less than 3-inches. i. Curb returns at El Camino Real shall maintain a 30-foot radius. j. Directional ADA compliant curb ramps shall be installed at the El Camino Real intersection, to the satisfaction of the City Engineer. k. Street striping, signage, traffic signals, and any traffic control improvements shall be in accordance with the CA Manual on Unified Traffic Control Devices (CA-MUTCD), and to the satisfaction of the City Engineer. l. Street lighting may be required at the intersection and/or locations as determined by the City Engineer. m. The bike lane shall be extended along the project side of El Camino Real to the southerly intersection of La Costa Ct. BP/PIP 45 ITEM NUMBER: 2 DATE: 2/7/2023 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval 10850 El Camino Real SBDV22-0085 Timing BL: Business License FM: Final Map GP: Grading Permit BP: Building Permit PIP: Public Improvement Plans FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy 30. The Applicant shall extend the water distribution system to the satisfaction of the AMWC and City Engineer. BP 31. Each lot shall be served with a separate water lateral and meter in accordance with the AMWC requirements. BP 32. Where the water distribution system requires an above ground facility, said facility shall be located in an easement contiguous to the road right -of-way and shall include visual screening, to the satisfaction of the AMWC, Community Development Director, and City Engineer. BP 33. Each lot shall be served with individual utilities (water, power, gas, telephone & cable TV) to the satisfaction of the City Engineer. BP General Conditions 34. Approval of this entitlement shall be final and effective consistent with Atascadero Municipal Code (AMC) section 9-1.111 seq. et. al. 46 ITEM 3 02/07/23 10850 El Camino Real SBDV22-0085 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit B: Vesting Tentative Tract Map TR 3187 SBDV22-0085 47 ITEM NUMBER: 2 DATE: 2/7/2023 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 48 ITEM 3 02/07/23 10850 El Camino Real SBDV22-0085 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Mitigated Negative Declaration No. 2017-0009 SBDV22-0085 See Mitigated Negative Declaration No. 2017-0009 at the following link: https://www.atascadero.org/files/CD/EDOC/EDN-2017-0008%20PLN-2015- 1556.pdf 49 ITEM NUMBER: 3 DATE: 02/07/2023 Atascadero Planning Commission Staff Report – Community Development Department Barrel Creek (DEV21-0066) RECOMMENDATION(S): Planning Commission 1. Adopt Draft PC Resolution A recommending that the City Council certify the Mitigated Negative Declaration prepared for the Barrel creek Project, and 2. Adopt Draft PC Resolution B recommending that the City Council approve a General Plan Amendment modifying the General Plan Designation of the Barrel Creek project site from Suburban estates (SE) to Medium Density Residential (MDR) and Commercial Park (CPK), and moving the Urban Services Line to accommodate the project boundary, and 3. Adopt Draft PC Resolution C recommending that the City Council introduce for first reading, by title only, an ordinance that would approve a Zone Map Change modifying the zoning map designation of the Barrel Creek project from Residential Suburban (RS) to Residential Multi-Family 10 (RMF-10) and Commercial Park (CPK), and 4. Adopt Draft PC Resolution D recommending that the City Council introduce for first reading, by title only, an ordinance that would approve a Zoning Text amendment to establish Planned Development Overlay Zone No. 38 (PD38) over the Barrel Creek project site, and 5. Adopt Draft PC Resolution E recommending that the City Council approve a Conditional Use Permit, establishing a Master Plan of Development, and Vesting Tentative Tract Map for Tract 3177, approving a commercial and residential subdivision for the Barrel Creek Site with associated tree removal, master sign program, and height exceptions. 50 ITEM NUMBER: 3 DATE: 02/07/2023 Project Info In Brief: PROJECT ADDRESS: 6010, 6020, 6030 Del Rio Rd and 1505, 1855 San Ramon Rd Atascadero, CA APN 049-131-043, 044, 052, 058, and 066 PROJECT PLANNER Kelly Gleason Senior Planner 805-470- 3446 kgleason@atascadero.org APPLICANT Legacy Realty and Development, LLC PROPERTY OWNER First Assembly of God Church of Atascadero GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Suburban Estates (SE) Residential Suburban (RS) Approxi mately 15.2 acres Vacant / Food Pantry Commercial /Light Industrial/Tourist center; Multi-family apartments/Small-lot single-family subdivision ENVIRONMENTAL DETERMINATION A Draft Mitigated Negative Declaration was re-posted with amendments and clarifications on February 1, 2023 in accordance with the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”). The re- posting allows for an additional 20-day public review period. Zoning and Location 2018 Aerial North: South: East: West: Residential Suburban (RS) Commercial Tourist / Single Family Residential (PD19 – Apple Valley) Highway 101 Residential Suburban (RS) Barrel Creek Project Site Current Urban Services Line 51 ITEM NUMBER: 3 DATE: 02/07/2023 REPORT-IN-BRIEF: The Barrel Creek Project is a mixed residential and commercial development project on the west side of Highway 101 at Del Rio Road. The project proposes a small-lot single- family subdivision fronting Del Rio and San Ramon Roads with hotel and light-industrial/ commercial uses along Highway 101. There is a proposed cottage hotel use along del Rio Road to the east of the single-family units. Apartments are located between the commercial area and the existing residential properties to the east. The commercial area is designed around a central pedestrian plaza to encourage restaurants and similar outdoor uses. Access to the commercial and multi-family uses is off Del Rio Road with access to the single-family portion off San Ramon Road. The following entitlements are required to approve the project and are before Planning commission for consideration and recommendation to City Council: 1. Certification of the Draft Mitigated Negative Declaration 2. General Plan Amendment a. Map Change b. Adjustment of the Urban Services Line 3. Zone Change a. Zone map amendment b. Zone text amendment to establish Planned development Overlay Zone #38 4. Use Permit a. Establishment of Master Plan of Development b. Native tree removal c. Master Sign Program with sign exceptions d. Height exception 5. Tentative Subdivision Map The project site is currently comprised of 5 individual parcels which are proposed to be reconfigured to accommodate the proposed development. The current development plan includes: · 20 residential single-family lots in the southwesterly corner of the site · 40 apartment units in the northwesterly portion of the site · A 120-room hotel at the northern boundary of the project · 16-short term cottage hotel units · 53,500 square-feet of commercial tenant space with a focus on restaurant, brewery, and light industrial uses on the stretch of land north of the drainage swale adjacent to Highway 101. The project was presented at the January 17, 2023 Planning Commission meeting where the Commission and interested members of the public reviewed the project, provided comment, and asked questions. The Planning Commission voted to continue the item to the February 7th meeting and asked staff and the applicant to provide additional information related to the following topics: 1. Open space and recreation 2. Landscape screening for the multi-family portion of the project 52 ITEM NUMBER: 3 DATE: 02/07/2023 3. Noise impacts 4. Modified condition language/condition options DISCUSSION: The applicant team has provided additional information and made modifications to the proposed project in response to comments and questions. This report provides an overview of that information. Full analysis of the project can be found in the previous planning commission staff report located on the City’s website. Analysis: 1. Open space and recreation The Planning Commission and members of the public had questions related to the size and adequacy of provided open space and recreation areas. The applicant team has identified 32,290 square-feet of open space areas (just under Commercial / Light Industrial Multi-Family Small Lot Single-family subdivision 16-short term rental cottages 53 ITEM NUMBER: 3 DATE: 02/07/2023 1-acre) and has updated the plan to include a neighborhood park in addition to other passive open space areas. 54 ITEM NUMBER: 3 DATE: 02/07/2023 The 7,000 square-foot area adjacent to the single-family residential subdivision, in close proximity to the multi-family development area, is proposed to be developed with play structures, picnic benches, and a shade structure to provide active recreation opportunities in close proximity to residential units, as shown below: 55 ITEM NUMBER: 3 DATE: 02/07/2023 2. Landscape screening for the multi-family portion of the project The applicant team has provided site sections that show additional detail related to visual screening of the multi-family buildings from the adjacent residential parcels. The section shows the existing vegetation in the drainage and the scale of the proposed buildings in relation to the existing residences. The section also depicts the potential for added landscape between the rear of the multi-family buildings and the property line. A condition has been added to ensure that vertical landscape elements such as trees and taller shrubs be included. 3. Noise impacts At the January 17th meeting, concerns were raised regarding noise impacts from the intensification of uses in addition to potential impacts from outdoor amplified sound. Outdoor Amplified Sound: Based on community feedback, the applicants have decided to withdraw the request for outdoor amplified sound. This will allow individual tenants or group of tenants to submit an application at a later date with a more detailed request if the project results in a business that desires amplified sound. This will result in a greater level of analysis and provide an opportunity for specific location and hours of operation conditions to be identified, ensuring that the full range of impacts are known and can be addressed. General Noise from Intensified Uses: The project site is located adjacent to Highway 101 and is within the area subject to higher levels of freeway noise. The majority of the site resides in the 65bd noise contour with a portion of the proposed single-family neighborhood within the 60bd contour. As such, this site provides a transition area between the highway and existing residential neighborhoods. 56 ITEM NUMBER: 3 DATE: 02/07/2023 A majority of the increase in noise with site development will be from the Commercial portion of the project. The Commercial area has been designed around a central pedestrian paseo with the intent of limiting outdoor activity to the area bordered by buildings, thus reducing noise intrusion outside of this zone. The commercial tenant spaces also lack traditional loading zones at the rear, limiting the size and scope of delivery vehicles. In addition, the multi-family buildings have been positioned between the rear of the commercial buildings and the adjacent existing residential properties to the west. These buildings will act as a partial sound barrier for some noise generated by the operation of the commercial uses. 4. Modified condition Language and options During the January 17th meeting, the Commission heard concerns related to the interaction of the proposed new residential sites and the adjacent rural property. As discussed during the meeting, staff has added a condition requiring a deed notification for all residential units of the rural nature of the adjacent properties. This will notify future buyers of the possibility of animals, larger-scale yard equipment, etc on adjacent properties that may cause added noise or odors. The Commission also asked for options to increase the setback of the second floor to reduce visual impacts to existing neighboring properties. Staff has updated the PD#38 overlay language to include an additional 5-foot rear setback for the second floor of the single-family residences. This would eliminate a singular, un-articulated wall plane at the rear of the units, adding visual interest and diminishing overlook. As updated, this requirement would apply to all proposed single-family lots although the Commission could restrict to certain lots is the concern is not as great for lots backing onto Del Rio Road, San Ramon Road, or internal to the project. ENVIRONMENTAL DETERMINATION A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public starting December 28, 2022. Based on public input, the City updated the analysis to include additional information and clarification related to items of discussion and reposted the document for an additional 20-day public review period on February 2, 2023. The environmental analysis identified concerns regarding potential impacts to aesthetics, noise, air quality, cultural resources, utility systems, and traffic. Mitigation measures pertaining to these resources are included in the project approvals. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. CONCLUSION The Barrel Creek project is a request for a General Plan Amendment, Zone Change, and associated entitlements to establish a mixed commercial and residential development on a 15.2-acre site west of Highway 101 at Del Rio Road. The project site was previously identified by City Council as a key opportunity site for commercial and residential development based on freeway visibility, interchange proximity, and the size 57 ITEM NUMBER: 3 DATE: 02/07/2023 of land available to provide for a consolidated and integrated development plan. Staff recommends that the Planning Commission make the required findings and adopt the attached draft resolutions recommending that the City Council take action to approve the project as proposed, with conditions and mitigation measures. ALTERNATIVES 1. The Planning Commission may recommend modifications to the proposed amendments and/or conditions of approval for the project. 2. The Planning Commission may determine more information is needed on some aspect of the amendments and may refer the item back to the applicant and staff to provide the additional information. The Commission should clearly state the type of information required and move to continue the item to a future date. 3. The Planning Commission may recommend denial to the City Council. The Commission should specify the reasons for recommendation of the denial of the project amendments. ATTACHMENTS: Attachment 1: Draft PC Resolution A Attachment 2: Draft PC Resolution B Attachment 3: Draft PC Resolution C Attachment 4: Draft PC Resolution D Attachment 5: Draft PC Resolution E 58 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 1 DRAFT RESOLUTION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUCNIL CERTIFY THE PROPOSED MITIGATED NEGATIVE DECLARATION FOR THE BARREL CREEK PROJECT BARREL CREEK (DEV21-0066) 6010, 6020, 6030 Del Rio Rd and 1505, 1855 San Ramon Rd APNs 049-131-043, 044, 052, 058, and 066 WHEREAS, an application has been received from Legacy Realty and Development, LLC (5390 E. Pine Avenue, Fresno, CA 93727), Applicant and First Assembly of God Church (5545 Ardilla Ave, Atascadero, CA 93422) Owner, to consider a General Plan Amendment, Zone Change, Vesting Tentative Tract Map, Tree Removal Permit, and Master Plan of Development (Conditional Use Permit) including a Commercial Sign Program and height exception; and WHEREAS, the site’s current General Plan Land Use Designation is Suburban Estates (SE); and WHEREAS, the site’s current Zoning Designation is Residential Suburban (RS); and WHEREAS, the site has previously been identified by the City Council as a key development opportunity site based on the site’s adjacency to Highway 101 and proximity to the key commercial node at El Camino Real and Del Rio Road; and WHEREAS, the City Council reviewed the request for General Plan Amendment and Zone Change at their regularly scheduled meeting on April 28, 2020 at which time the Council authorized the applicants to submit a formal application; and WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2022-0005 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); 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 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 application; and NOW, THEREFORE BE IT RESOLVED, by the Planning Commission of the City of Atascadero: 59 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 1 SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, at Public Hearings held on January 17, 2023 and February 7, 2023, and considered testimony and reports from staff, the applicants, and the public. SECTION 3. CEQA. An Initial Study was prepared to determine if the proposed project would have a significant adverse effect on the environment. The Initial Study found that the project results in no significant impacts with mitigation measures incorporated. Consequently, a Mitigated Negative Declaration was prepared and circulated for public review on December 28, 2022. Based on testimony from the public, the document was revised and re-circulated for public review on February 2, 2023. SECTION 4. Recommendation of Certification. The Planning Commission of the City of Atascadero, California, in a regular session assembled on February 7, 2023 resolved to recommend that the City Council certify the proposed Mitigated Negative Declaration prepared for the Barrel Creek project and adopt the mitigation monitoring program as shown in Exhibit A.. On motion by Commissioner _____________ and seconded by Commissioner ___________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: February 7, 2023 CITY OF ATASCADERO, CA ______________________________ Jeff van den Eikhof Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 60 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 1 EXHIBIT A: Mitigation Monitoring Program MITIGATION MONITORING PROGRAM Barrel Creek DEV21-0066 Per Public Resources Code § 21081.6, the following constitutes the mitigation monitoring and/or reporting program that will reduce potentially significant impacts to less than significant levels. The measures will become conditions of approval (COAs) should the project be approved. The City of Atascadero, as the Lead Agency, or other responsible agencies, as specified, are responsible to verify compliance with these COAs. MITIGATION MEASURE TIMING Aesthetics AES-1 Landscaping shall be included along the San Ramon and Del Rio frontages to buffer higher density residential lots from surrounding existing rural residences. Landscaping shall include small shrubs and grasses along with street trees. Street trees along San Ramon shall be installed in a natural grouped pattern and shall include native species. Landscaping along Del Rio shall include shrubs and grasses as well as London plan trees at a spacing of 30-feet on-center consistent with the adjacent Apple Valley development. A minimum of 8 feet of landscaped area shall be provided along each frontage. Prior to Building Permit Issuance / Project Final AES-2 Columnar landscaping and canopy shade trees shall be provided along the norther property line to provide visual screening of the 4-story hotel from the adjacent residential parcel. Landscaping shall include evergreen species and shall be designed to block visual impacts to the greatest extent possible. Prior to Building Permit Issuance / Project Final AES-03 Site lighting shall be low-level safety lighting for the parking lot areas. Lighting shall be on motion sensors to minimize lighting when areas are not in use. All pole lighting shall be a maximum of 14-feet in height and shall be shielded and directional. Prior to Building Permit Issuance / Project Final AES-04 Low level lighting shall be placed at the intersection of San Ramon and Del Rio Road for safety. Additional lighting at the Apple Valley frontage shall be installed as needed to facilitate safe lighting levels at the intersection. Prior to Building Permit Issuance / Project Final AES-05 All site walls visible from the exterior of the site shall be decorative walls and shall include decorative veneer. Prior to Building Permit Issuance / Project Final 61 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 1 MITIGATION MEASURE TIMING AES-06 Lighting at the north hotel façade and west facing portion of the façade closest to the proposed multi-family units shall include pedestrian scale bollard lighting only. No architectural feature lighting is permitted. Fully shielded directional lighting shall be permitted where needed for egress safety. Prior to Building Permit Issuance / Project Final Air Quality AQ-01 Water exposed soil during active construction at a specific frequency to achieve dust suppression. Ongoing during Construction AQ-02 Apply water at a specific frequency during active demolition to achieve dust suppression. Ongoing during Construction AQ-03 Water construction roads a minimum of twice daily. Ongoing during Construction AQ-04 Maintain a 25 mile per hour speed limit for all vehicles during construction Ongoing during Construction AQ-05 Zero or low-VOC paints shall be used throughout the project. Prior to Building Permit Issuance / Project Final AQ-06 Limit heavy equipment idling to no greater than 5 minutes at a single location Ongoing during Construction Cultural Resources CUL-01 Prior to the issuance of any permits on-site, an Archeological Monitoring Plan shall be prepared by a qualified archeologist and shall be approved by the City of Atascadero. All recommendations of the plan shall be implemented as directed. Prior to Building Permit Issuance CUL-02 All grading and site disturbance activities shall be monitored by a qualified archeologist and a monitor from a local tribal representative. Ongoing during Construction CUL-03 Prior to demolition of the Quonset hut, the applicant shall provide documentation that includes floor plans, elevations, photographs and historical facts related to the structure. The report shall be approved and filed by the City prior to permit issuance for demolition. Prior to Building Permit Issuance Greenhouse Gas Emissions GHG-01 Provide a pedestrian-friendly and interconnected streetscape with good access to/from the development for pedestrians, bicyclists, and transit users to make Prior to Building Permit Issuance 62 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 1 MITIGATION MEASURE TIMING alternative transportation more convenient, comfortable and safe. GHG-02 Provide large canopy shade trees throughout the parking areas to reduce evaporative emissions from parked vehicles. Prior to Building Permit Issuance GHG-03 The multi-family portion of the development shall meet or exceed CALGreen Tier 2 standards. Prior to Building Permit Issuance GHG-04 See AQ mitigation measures Noise NOI-01 Construction activities shall be limited to 9am to 7pm on Saturdays and shall not occur on Sundays. Ongoing during construction Transportation TRANS- 01 The Crosswalk at Del Rio Road shall include ladder striping for the crosswalk at the eastern leg of the intersection. The crosswalk shall be supplemented with pedestrian warning signage and rectangular rapid flashing beacon (RRFB) on both sides of the road. The crosswalk across the northern side San Ramon Road shall not be included. Prior to Building Permit Issuance / Project Final TRANS- 02 The intersection of San Ramon Road and Del Rio Road shall be illuminated with down lighting sufficient for pedestrian and vehicular safety. Light shall be provided both on the north and south side of the intersection. Prior to Building Permit Issuance / Project Final TRANS- 03 A contiguous pedestrian path of travel shall be provided along Del Rio Road to the existing sidewalk on the south side of the freeway overpass prior to occupancy of any residential units. Prior to Building Permit Issuance / Project Final TRANS- 04 Prior to occupancy of any use on the project, the following improvements shall be completed at the Del Rio and El Camino Real intersection: · Restripe the eastbound approach to a left, through, and right turn lane and modify the left turn to protected-permissive phasing, · Add a westbound left turn lane (required for eastbound through lane transition) with permissive phasing, · Modify the southbound and northbound left turns to protected-permissive phasing, Prior to Occupancy 63 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 1 MITIGATION MEASURE TIMING · Add overlap phasing to the southbound right turn pocket currently under construction, · Replace eight-inch traffic signal heads with 12-inch heads, · Install yellow reflective tape on all backplates, · Install new signage and replace non- reflective signs, and · Optimize signal timings for all coordinated signals including updating pedestrian and yellow clearance times at Del Rio and El Camino Real. It is anticipated that these improvements will be completed by the Marketplace Project prior to commencement of the Barrel Creek Project. This project shall pay their fair share toward these improvements. Fair share shall be based on current cost estimates. Should the developer construct the improvements, any costs of the installed improvements in excess of the project’s proportional share may be eligible for a TIF fee credit. Any potential TIF fee credit will be calculated by the City and will comply with any City resolution guiding TIF Fee credits in place at the time of construction of the improvements. The developer constructing the improvements may also be eligible for reimbursement from other development conditioned to construct specified improvements. TRANS- 05 The applicant/developer shall pay their fair share towards improvements at the US101/Del Rio interchange as specified in the Del Rio Road Commercial Area Specific Plan including the addition of a westbound right-turn lane to the intersection of Del Rio Road/US 101, such that there would be two westbound lanes on Del Rio Road from El Camino Real to the US 101 North ramp with a dedicated right turn lane onto US 101 northbound. Prior to Building Permit Issuance TRANS- 06 The applicant/developer shall pay their fair share toward the realignment of Ramona Road and associated frontage improvements along Del Rio Road between San Ramon and US 101. Cost estimates for the fair share payment shall be based on a current cost estimate or the actual costs if the project is completed prior to permit Prior to Building Permit Issuance 64 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 1 MITIGATION MEASURE TIMING issuance. It is anticipated that the City will complete these improvements prior to commencement of the project. If these improvements are not completed, Do Not Block Intersection Markings per the California Manual on Uniform Traffic Control Devices (CAMUTCD) Section 3B.17 shall be completed at the Ramona Road intersection prior to occupancy of any commercial or residential use. TRANS- 07 A striped crosswalk shall be provided across “Street A” (project entry street at Del Rio Road) to connect the pedestrians from the commercial portion of the project to the Del Rio Road sidewalk and crossing at San Ramon. Prior to Building Permit Issuance / Project Final Tribal and Cultural Resources TCR-01 See mitigation measure CUL-01. Utility and Service Systems USS-01 Prior to occupancy for any use, the developer shall upgrade Lift Station 14 with the following: · Install new 30 HP submersible pumps and associated piping improvements · Install new wet well roof and hatch · Install new Motor Control Center (MCC), Variable Frequency Drives (VFDs), and upgrade controls · Install emergency generator, propane tank and associated piping · Bypass pumping during construction Building Permit USS-02 Prior to occupancy of any use that exceeds 196 gallons per minute at peak hour flow at Lift Station 14, the developer shall upgrade Lift Station 14 with the following: · Replacement of 30‐Hp submersible pumps with 40‐Hp pumps and associated piping upgrades · Remove and replaced existing wet well with minimum 8’ diameter wet well · Pipeline connection improvements · Install new MCC, VFDs, and upgrade controls · Upsize the emergency generator · Bypass pumping during construction Building Permit 65 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 2 DRAFT RESOLUTION B RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUCNIL APPROVE A GENERAL PLAN AMENDMENT (MAP DESIGNATION CHANGE AND MODIFICATION TO THE URBAN SERVICES LINE) FOR THE BARREL CREEK PROJECT BARREL CREEK (DEV21-0066) 6010, 6020, 6030 Del Rio Rd and 1505, 1855 San Ramon Rd APNs 049-131-043, 044, 052, 058, and 066 WHEREAS, an application has been received from Legacy Realty and Development, LLC (5390 E. Pine Avenue, Fresno, CA 93727), Applicant and First Assembly of God Church (5545 Ardilla Ave, Atascadero, CA 93422) Owner, to consider a General Plan Amendment, Zone Change, Vesting Tentative Tract Map, Tree Removal Permit, and Master Plan of Development (Conditional Use Permit) including a Commercial Sign Program and height exception; and WHEREAS, the site’s current General Plan Land Use Designation is Suburban Estates (SE); and WHEREAS, the site’s current Zoning Designation is Residential Suburban (RS); and WHEREAS, the site has previously been identified by the City Council as a key development opportunity site based on the site’s adjacency to Highway 101 and proximity to the key commercial node at El Camino Real and Del Rio Road; and WHEREAS, the City Council reviewed the request at their regularly scheduled meeting on April 28, 2020 at which time the Council authorized the applicants to submit a formal application; and WHEREAS, City Council Policy requires that a neighborhood meeting be held by the applicant to receive input from surrounding property owners, residents, and interested persons to assist in achieving neighborhood compatibility; and WHEREAS, the project held a neighborhood meeting to gather input from surrounding residents and interested persons on September 23, 2020; and WHEREAS, the proposed amendment is in conformance with the other elements of the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan; 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 66 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 2 WHEREAS, a timely and properly noticed Public Hearing upon the subject 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 application; and NOW, THEREFORE BE IT RESOLVED, by the Planning Commission of the City of Atascadero: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, at Public Hearings held on January 17, 2023 and February 7, 2023, and considered testimony and reports from staff, the applicants, and the public. SECTION 3. Facts and Findings. The Planning Commission makes the following findings and determinations: A. Findings for approval of a General Plan Amendment FINDING: The proposed amendment is in the public interest. FACT: The proposed map amendment changes the development potential of a currently rural residential site adjacent to Highway 101 to a mix of commercial and residential uses. The project has been designed to provide transitions from the adjacent single- family neighborhoods and will provide increased economic benefit to the City. Modification to the Urban Services Line would allow all parcels proposed as part of the Barrel creek project to be within the designated boundary. As all project utilities and access is served from Del Rio Road or San Ramon Road, this modification will be consistent with project approvals. FINDING: The proposed amendment is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. FACT: The proposed re-designation increased commercial development opportunities within the city and locates potential goods and services close to existing residential neighborhoods. The project is designed to provide a transition between the existing single-family neighborhoods to the project uses and provides development of a site directly adjacent to Highway and with direct access to the 101 interchange. The project is within proximity to the developing Del Rio Road / El Camino Real commercial node and has been previously identified by the City Council as an economic development opportunity site. The City’s General Plan strives to balance commercial and residential uses, fostering a vibrant economy while preserving and maintain the City’s rural, small-town character. The General Plan recognizes the need for growth and contains policies and programs to center that growth around the city’s core area, namely paralleling the Highway 101 corridor and Morro Road, where services are available and infrastructure is designed to support added intensity. This project is located adjacent to a key commercial node at the 67 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 2 intersection of del Rio Road and Highway 101. The project is designed with a small-lot single family subdivision on the western option of the site, similar to the adjacent Apple Valley development. FINDING: The proposed amendment is compatible with existing development, neighborhoods, and the environment. FACT: The proposed project is currently comprised of 5 mostly vacant parcels with one structure used as a weekly food distribution center. The site abuts highway 101 and is located adjacent to a key commercial node. Surrounding uses include large-lot rural residential, small-lot single family development, and currently un- or under-developed commercial tourist parcels. The proposed project increases commercial intensity adjacent to Highway 101 and provides for a small-lot single-family development along the most western edge, adjacent to existing residential neighborhoods. The intensified commercial uses will include entertainment, tourist serving, and local serving services and uses. The Del Rio area has bene previously identified as a key economic development opportunity site and has been designed with transitionary uses to existing surrounding uses. FINDING: The proposed map amendment will not create any new significant and unavoidable impacts to traffic, infrastructure, or public services. FACT: The project has been analyzed under the provisions of CEQA and the City’s development review process. As part of this process, traffic and utility service analyses were completed to determine project impacts and appropriate measures to mitigate any impacts. Based on the Initial Study and Proposed Mitigated Negative Declaration, the project will not create and new significant impacts to traffic, infrastructure, or public services as conditioned and with the incorporated mitigation measures as identified. FINDING: The proposed amendment is consistent with the adopted EIR and mitigation monitoring program. FACT: The proposed project is consistent with the City’s economic and land use policies. The project site was previously identified as a key site for commercial expansion and opportunities for increased housing. Infrastructure and services are available to serve the project and the project is consistent with the General plan EIR and subsequent Mitigated Negative Declaration prepared for the project. SECTION 4. CEQA. An Initial Study was prepared to determine if the proposed project would have a significant adverse effect on the environment. The Initial Study found that the project results in no significant impacts with mitigation measures incorporated. Consequently, a Mitigated Negative Declaration was prepared and circulated for public review on December 28, 2022. Based on testimony from the public, the document was updated and re-circulated to the public on February 2, 2023. The Planning Commission has recommended that the City Council certify the environmental determination for the Barrel Creek project. SECTION 5. Recommendation of Approval. The Planning Commission of the City of Atascadero, California, in a regular session assembled on February 7, 2023 resolved to recommend that the 68 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 2 City Council approve the General Plan Map Designation Amendment and Modification to the Urban Services Line for the Barrel Creek project consistent with the following: EXHIBIT A: General Plan Land Use and Urban Services Line Amendment Diagram On motion by Commissioner _____________ and seconded by Commissioner ___________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: February 7, 2023 CITY OF ATASCADERO, CA ______________________________ Jeff van den Eikhof Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 69 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 2 EXHIBIT A: General Plan Land Use and Urban Services Line Amendment Diagram Proposed Designation Commercial Park Proposed Designation Medium Density Residential Existing Land Use Designation: Suburban Estates New Urban Services Line location Existing Urban Services Line 70 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 3 DRAFT RESOLUTION C RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUCNIL INTRODUCE FOR FIRST READING, BY TITLE ONLY, AN ORDIANNCE TO MODIFY THE OFFICIAL ZONING MAP CONVERTING APPROXIMATELY 15.2 ACRES FROM RESIDENTIAL SUBURBAN TO RESIDENTIAL MULTI- FAMILY – 10 AND COMMERCIAL PARK FOR THE BARREL CREEK PROJECT BARREL CREEK (DEV21-0066) 6010, 6020, 6030 Del Rio Rd and 1505, 1855 San Ramon Rd APNs 049-131-043, 044, 052, 058, and 066 WHEREAS, an application has been received from Legacy Realty and Development, LLC (5390 E. Pine Avenue, Fresno, CA 93727), Applicant and First Assembly of God Church (5545 Ardilla Ave, Atascadero, CA 93422) Owner, to consider a General Plan Amendment, Zone Change, Vesting Tentative Tract Map, Tree Removal Permit, and Master Plan of Development (Conditional Use Permit) including a Commercial Sign Program and height exception; and WHEREAS, the site’s current General Plan Land Use Designation is Suburban Estates (SE); and WHEREAS, the site’s current Zoning Designation is Residential Suburban (RS); and WHEREAS, the site has previously been identified by the City Council as a key development opportunity site based on the site’s adjacency to Highway 101 and proximity to the key commercial node at El Camino Real and Del Rio Road; and WHEREAS, the City Council reviewed the request for General Plan Amendment and Zone Change at their regularly scheduled meeting on April 28, 2020 at which time the Council authorized the applicants to submit a formal application; and WHEREAS, City Council Policy requires that a neighborhood meeting be held by the applicant to receive input from surrounding property owners, residents, and interested persons to assist in achieving neighborhood compatibility; and WHEREAS, the project held a neighborhood meeting to gather input from surrounding residents and interested persons on September 23, 2020; and WHEREAS, the proposed amendment is in conformance with the other elements of the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan; and 71 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 3 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 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 application; and NOW, THEREFORE BE IT RESOLVED, by the Planning Commission of the City of Atascadero: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, at Public Hearings held on January 17, 2023 and February 7, 2023, and considered testimony and reports from staff, the applicants, and the public. SECTION 3. Facts and Findings. The Planning Commission makes the following findings and determinations: A. Findings for approval of a Zoning Map Amendment FINDING: The Zoning Map Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. FACT: The project includes a request for a General plan Amendment and Zone Map Amendment with associated entitlements for the Barrel Creek project. The proposed zoning map amendment changes the development potential of a currently rural residential site adjacent to Highway 101 to a mix of commercial and residential uses. The project has been designed to provide transitions from the adjacent single-family neighborhoods and will provide increased economic benefit to the City. FINDING: This Amendment of the Zoning Map will provide for the orderly and efficient use of lands where such development standards are applicable. FACT: The proposed project is located adjacent to Highway 101 at Del Rio Road. The project site was previously identified as a key development opportunity site. The site is adjacent to the key commercial node at Del Rio Road and El Camino Real. The Apple Valley development to the south of the project site is comprised of a small-lot single family development with similar lot patterns to the proposed single-family portion of the project. Frontage and intersection improvements will be complete prior to occupancy of the project to ensure that the adjacent street system is designed to accommodate added traffic. FINDING: The Map Change will not, in itself, result in significant environmental impacts. FACT: The proposed project is consistent with the City’s economic and land use policies. The project site was previously identified as a key site for commercial expansion and opportunities for increased housing. Infrastructure and services are available to serve the 72 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 3 project and the project is consistent with the General plan EIR and subsequent Mitigated Negative Declaration prepared for the project. SECTION 4. CEQA. An Initial Study was prepared to determine if the proposed project would have a significant adverse effect on the environment. The Initial Study found that the project results in no significant impacts with mitigation measures incorporated. Consequently, a Mitigated Negative Declaration was prepared and circulated for public review on December 28, 2022. Based on public testimony, the document was revised and re-circulated for public review on February 2, 2023. The Planning Commission has recommended that the City Council certify the environmental determination for the Barrel Creek project. SECTION 5. Recommendation of Approval. The Planning Commission of the City of Atascadero, California, in a regular session assembled on February 7, 2023 resolved to recommend that the City Council approve the Zoning Map Amendment for the Barrel Creek project consistent with the following: EXHIBIT A: Zoning Map Amendment Diagram On motion by Commissioner _____________ and seconded by Commissioner ___________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: February 7, 2023 CITY OF ATASCADERO, CA ______________________________ Jeff van den Eikhof Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 73 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 3 EXHIBIT A: Zoning Amendment Diagram Residential Multi- Family – 10 (6 acres) Commercial Park (9.2 acres) Existing Zoning: Residential Suburban 74 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 4 DRAFT RESOLUTION D RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUCNIL INTRODUCE FOR FIRST READING, BY TITLE ONLY, AN ORDIANNCE TO MODIFY THE ATASCADERO MUNICIPAL CODE, TITLE 9, CHAPTER 3, ARTICLE 28 TO ESTABLISH PLANNED DEVELOPMENT NO. 38 (PD38) FOR THE BARREL CREEK PROJECT BARREL CREEK (DEV21-0066) 6010, 6020, 6030 Del Rio Rd and 1505, 1855 San Ramon Rd APNs 049-131-043, 044, 052, 058, and 066 WHEREAS, an application has been received from Legacy Realty and Development, LLC (5390 E. Pine Avenue, Fresno, CA 93727), Applicant and First Assembly of God Church (5545 Ardilla Ave, Atascadero, CA 93422) Owner, to consider a General Plan Amendment, Zone Change, Vesting Tentative Tract Map, Tree Removal Permit, and Master Plan of Development (Conditional Use Permit) including a Commercial Sign Program and height exception; and WHEREAS, the site’s current General Plan Land Use Designation is Suburban Estates (SE); and WHEREAS, the site’s current Zoning Designation is Residential Suburban (RS); and WHEREAS, the site has previously been identified by the City Council as a key development opportunity site based on the site’s adjacency to Highway 101 and proximity to the key commercial node at El Camino Real and Del Rio Road; and WHEREAS, the City Council reviewed the request for General Plan Amendment and Zone Change at their regularly scheduled meeting on April 28, 2020 at which time the Council authorized the applicants to submit a formal application; and WHEREAS, City Council Policy requires that a neighborhood meeting be held by the applicant to receive input from surrounding property owners, residents, and interested persons to assist in achieving neighborhood compatibility; and WHEREAS, the project held a neighborhood meeting to gather input from surrounding residents and interested persons on September 23, 2020; and WHEREAS, the proposed amendment is in conformance with the other elements of the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan; and 75 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 4 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 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 application; and NOW, THEREFORE BE IT RESOLVED, by the Planning Commission of the City of Atascadero: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, at Public Hearings held on January 17, 2023 and February 7, 2023, and considered testimony and reports from staff, the applicants, and the public. SECTION 3. Facts and Findings. The Planning Commission makes the following findings and determinations: A. Findings for approval of a Zoning Map Amendment FINDING: The Zoning Map Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. FACT: The project includes a request for a General plan Amendment and Zone Map Amendment with associated entitlements for the Barrel Creek project. The proposed zoning map amendment changes the development potential of a currently rural residential site adjacent to Highway 101 to a mix of commercial and residential uses. The project has been designed to provide transitions from the adjacent single-family neighborhoods and will provide increased economic benefit to the City. FINDING: This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. FACT: The proposed project is located adjacent to Highway 101 at Del Rio Road. The project site was previously identified as a key development opportunity site. The site is adjacent to the key commercial node at Del Rio Road and El Camino Real. The Apple Valley development to the south of the project site is comprised of a small-lot single family development with similar lot patterns to the proposed single-family portion of the project. Frontage and intersection improvements will be complete prior to occupancy of the project to ensure that the adjacent street system is designed to accommodate added traffic. Establishment of a custom Planned Development Overlay Zone will allow the property to transition to the surrounding neighborhoods with custom attention to compatible uses and development standards to ensure a quality and well-integrated project. FINDING: The Text Change will not, in itself, result in significant environmental impacts. 76 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 4 FACT: The proposed project is consistent with the City’s economic and land use policies. The project site was previously identified as a key site for commercial expansion and opportunities for increased housing. Infrastructure and services are available to serve the project and the project is consistent with the General plan EIR and subsequent Mitigated Negative Declaration prepared for the project. FINDING: Modification of development standards or processing requirements of the Zoning Ordinance through the PD overlay is warranted to promote orderly and harmonious development; and FACT: The PD38 zoning overlay establishes development standards that promote a cohesive neighborhood development and ensure that City goals related to traffic mitigation, aesthetic character, inclusionary housing, and pedestrian connectivity, among others, are achieved. FINDING: Modification of development standards or processing requirements of the zoning ordinance through the PD overlay will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. FACT: The Planned Development 38 overlay text modifies standard development requirements to allow for a mixed residential and commercial project adjacent to existing residential neighborhood and commercial properties, including Highway 101. Modified standards for the development enable the project to provide adequate transitions to the existing neighborhood and ensure compatible uses within the commercial portion. FINDING: Benefits derived from the Planned Development Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements. FACT: The Planned Development Overlay Zone 38 ensures that development within the area provides certain benefit as identified by Council Policy. Development under the PD38 standards will maintain and enhance neighborhood character and provide transition between commercial and single-family uses. FINDING: Proposed plans offer certain redeeming features to compensate for requested modifications of the Planned Development Overlay zone. FACT: City Council Planned Development Policy requires project benefits such as affordable inclusionary housing, pocket parks, and high-quality landscape and architecture in exchange for modified development standards. As conditioned, the project satisfies these requirements. SECTION 4. CEQA. An Initial Study was prepared to determine if the proposed project would have a significant adverse effect on the environment. The Initial Study found that the project results in no significant impacts with mitigation measures incorporated. Consequently, a Mitigated Negative Declaration was prepared and circulated for public review on December 28, 2022. Based on public testimony, the document was re-circulated for public review on February 2, 2023. The Planning Commission has recommended that the City Council certify the environmental determination for the Barrel Creek project. 77 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 4 SECTION 5. Recommendation of Approval. The Planning Commission of the City of Atascadero, California, in a regular session assembled on February 7, 2023 resolved to recommend that the City Council approve an Amendment to the Atascadero Municipal Code for the Barrel Creek project consistent with the following: EXHIBIT A: 9-3.683 Establishment of Planned Development Overlay No. 38 (PD38) On motion by Commissioner _____________ and seconded by Commissioner ___________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: February 7, 2023 CITY OF ATASCADERO, CA ______________________________ Jeff van den Eikhof Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 78 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 4 EXHIBIT A: 9-3.683 Establishment of Planned Development Overlay No. 38 (PD38) The following shall be added to the Atascadero Municipal Cade Title 9, Chapter 3, Article 28: 9-3.683 Establishment of Planned Development Overlay Zone No. 38: (PD38). Planned Development Overlay Zone No. 38 is established as shown on the official zoning maps (Section 9-1.102 of this title) on parcels APNs 049-131-043, 044, 052, 058, and 066 (Parcels 1-42 of TR3177). The following development standards shall be applied to all development within the PD38 overlay district: General Requirements: (a) All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground. (b) All lighting shall be fully shielded, directional, and dark sky compliant unless specifically exempted below. (c) All mitigation measures listed in the Mitigation Monitoring Program shall be adhered to for the life of the project. Commercial Development: (a) A Master Plan of Development must be established for the commercial development area and all development shall be consistent with the approved Master Plan of Development. (b) All building mounted and parking lot lighting shall be dark sky compliant and designed to reduce off-site glare. All lighting shall be directed downward. The following exceptions shall be permitted: 1. Festoon lighting shall be permitted within the commercial plaza and hotel inner courtyard 2. Lower level up-lighting is permitted within the commercial plaza and inner hotel courtyard to highlight architectural building features. 3. Low level bollard lighting is permitted adjacent to pedestrian paths. (c) All building signage shall comply with the following: 1. All wall signs shall be externally or halo lit. 2. No cabinet signs shall be permitted 3. Each business shall be allowed a wall sign over the entry in addition to a parking lot facing sign if the tenant space is adjacent to the parking area. 4. Projecting signage shall be permitted as well as an extruded metal sign on the metal canopy(ies). 5. Window graphics shall be permitted per the Atascadero Municipal Code 6. A center identification sign in the form of a water tower shall be permitted along Highway 101 in the area designated in the Master Plan of development. The water tower shall have a maximum height of 65-feet. The water tower sign shall display the name of the project only. 7. The hotel shall be allowed the following: 79 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 4 i. No signage shall be permitted facing residential uses Lighting facing the freeway shall be externally illuminated with downward lighting. All lighting shall be set on a timer to turn off or dim between the hours of 10pm and 7am. (d) All parking lot trees shall be maintained in a manner which allows the trees to reach their natural height and width. No growth inhibitors shall be permitted. (e) Amplified sound shall be permitted within the commercial plaza, amphitheater, and hotel courtyard area between the hours of 11am and 10pm. Amplified outside of these hours or locations shall require approval of an AUP. (f) All uses shall comply with the listed uses for the CPK zone, with the following modifications: 1. The following uses shall be allowed by right i. Bar/Tavern ii. Hotels, Motels 2. The following uses shall be allowed with the approval of a conditional use permit i. Social and Service Organizations 3. The following uses shall not be permitted i. Accessory storage ii. Auto Dealers (New and Used) and supplies iii. Auto Repair and Services iv. Bed and Breakfast v. Building Materials and Hardware w/ outdoor storage areas vi. Collection Stations vii. Drive-Through Sales or Services viii. Farm Equipment and Supplies with outdoor storage areas ix. Financial Services and Banks x. Fuel Dealer xi. Health Care Services xii. Horticultural Specialties xiii. Laundries and Dry-Cleaning Plants xiv. Medical Extended Care Services xv. Mini-Storage xvi. Retail Sales – Restricted xvii. Sales Lots xviii. Small Family Day Care xix. Transit Stations xx. Vehicle and Equipment Storage Multi-family Development: (a) All multi-family buildings shall include consistent materials and building styles. Color variations are permitted. (b) All materials and finishes shall be consistent with the approved entitlement design package. (c) All windows shall be non-sliders. No wide vinyl casings or stiles shall be permitted. Single-Family Parcels: 80 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 4 (a) No subsequent tentative parcel or tract map shall be approved within the single-family development area. Urban Subdivisions shall not be permitted. (b) Second units shall be permitted consistent with the City’s standards for single- family parcels. (c) No Urban Dwelling Units shall be permitted (d) Maximum height shall be 30-feet. (e) A minimum of 2 parking spaces are required per lot. These may not be located within the front setback area. On-street parking shall not be used to satisfy the parking requirements. Driveway areas within the setback may provide for guest parking. (f) Building setbacks shall be as follows: Primary Front at porch 9 feet Primary Front at dwelling – 1st story 15 feet Primary Front at dwelling – 2nd story 20 feet Primary Front at garage/required on-site parking 2 0 feet Secondary street setback (corner lot) 10 feet Interior Side 5 feet Rear Yard first story 10 feet Rear Yard at second story 5 -feet greater than the first story Accessory structure side and rear yards 5 feet 1. Garages shall be recessed from the front of the residence by at least ten (10) feet. 2. Architectural projections shall be allowed per the Atascadero Municipal Code. (g) Building coverage (residence plus garage footprint) shall not exceed forty-five percent (45%) of the individual lot area. Landscaping shall constitute a minimum of forty percent (25%) of the lot area. The measurement of landscaped areas shall be exclusive of driveways, patios, decks, etc. (h) Two- (2) story residences shall have a second floor that is limited to seventy-five percent (75%) of the gross area of the first floor inclusive of the garage. (i) Architectural Features: Use of at least five (5) of the following architectural features on all street facing elevations, and at least three (3) of the following architectural features on all interior and rear yard elevations, as appropriate for the building type and style, is required. 1. Dormers; 2. Gable roof form; 3. Recessed entries (at least 3 feet); 4. Covered porch entries with a minimum projection of 6-feet; 5. Cupolas or towers; 6. Pillars or posts; 7. Eaves (minimum 12-inch projection); 8. Off-sets in building face (minimum 16 inches); 9. Window trim; 81 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 4 10. Bay or oriel windows; 11. Balconies; 12. A minimum of 2 decorative patterns on exterior finishes (e.g., scales/shingles, wainscoting, board and batten, and similar features); and 13. Decorative cornices and roof lines (e.g., for flat roofs). (j) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. (k) Exterior fencing shall be consistent throughout the single-family area. Privacy fencing shall be setback a minimum of 2-feet from the front building façade. Wood fencing shall include a top rail. No dog-eared fencing shall be allowed. Rear yard fencing of lots adjacent to the Del Rio Road Frontage shall be setback a minimum of 3-feet from any retaining wall in excess of 2-feet. (l) Accessory buildings (sheds, etc.) will be allowed; however, the footprint of such accessory buildings will count toward the maximum percent of allowable building coverage. Patio covers open on at least 3 sides shall not count toward maximum coverage. (m) Laundry hook-ups shall be provided in each unit. (n) All front yards and street facing side yards shall be landscaped. (o) Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area. (p) Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City’s Appearance Review Guidelines. (q) No farm animals may be kept on a lot. Cottage Hotel Development: (a) A Master Plan of Development shall be approved prior to development of the site. All site development shall be consistent with the approved Master Plan. (b) A 10-foot landscape buffer shall be provided between all public and private road rights-of-way and the units. (c) A minimum 5-foot setback shall be maintained between the units and the side property line shared with the adjacent commercial property. 82 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 DRAFT RESOLUTION E RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH A MASTER PLAN OF DEVELOPMETN AND APPROVE A MASTER SIGN PROGRAM, TREE REMOVAL, AND HIGHT EXCEPTION, AND APPROVE VESTING TENTATIVE TRACT MAP (TR 3177) FOR THE BARREL CREEK PROJECT BARREL CREEK LEGACY REALTY AND DEVELOPMENT, LLC (DEV21-0066) WHEREAS, an application has been received from Legacy Realty and Development, LLC (5390 E. Pine Avenue, Fresno, CA 93727), Applicant and First Assembly of God Church (5545 Ardilla Ave, Atascadero, CA 93422) Owner, to consider a General Plan Amendment, Zone Change, Vesting Tentative Tract Map, Tree Removal Permit, and Master Plan of Development (Conditional Use Permit) including a Commercial Sign Program and height exception; and WHEREAS, the site’s current General Plan Land Use Designation is Suburban Estates (SE); and WHEREAS, the site’s current Zoning Designation is Residential Suburban (RS); and WHEREAS, the site has previously been identified by the City Council as a key development opportunity site based on the site’s adjacency to Highway 101 and proximity to the key commercial node at El Camino Real and Del Rio Road; and WHEREAS, the City Council reviewed the request at their regularly scheduled meeting on April 28, 2020 at which time the Council authorized the applicants to submit a formal application; and WHEREAS, the project held a neighborhood meeting to gather input from surrounding residents and interested persons on September 23, 2020; and WHEREAS, the minimum lot size in the CPK zoning district is 2 acres; and WHEREAS, the proposed commercial subdivision includes parcels ranging from 0.34 acres to 0.86 acres; and WHEREAS, the minimum lot size in the RMF-10 zoning district is 0.5 acres; and 83 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 WHEREAS, the proposed residential subdivision includes parcels ranging from 0.09 acres to 0.19 acres; and WHEREAS, The Atascadero Municipal Code allows for establishment of custom Planned Development Overlay Zones to create custom zoning for unique projects and allow for smaller-lot sizes that would otherwise be allowed by underlying zoning; and WHEREAS, shared parking and access easements are required to be recorded to ensure that all parcels have legal access from the adjacent rights-of-way; and WHEREAS, the project was reviewed by the Design Review Committee at their regularly scheduled meeting on March 10, 2022; and WHEREAS, The Planning Commission, at the February 7, 2023 meeting, recommended the City Council approve a General Plan Designation and Zoning Map Amendment and establish a custom PD Overlay Zone on the project site ; and WHEREAS, the project was reviewed by the Design Review Committee at their regularly scheduled meeting on August 10, 2021; 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 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 application; and NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of Atascadero: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearings. The Planning Commission held duly noticed public hearings to consider the project on January 17, 2023 and February 7, 2023 where the Commission considered testimony and reports from staff, the applicants, and the public. SECTION 3. Facts and Findings. The Planning Commission makes the following findings and determinations: 1. Findings for Approval of a Conditional Use Permit A. FINDING: The proposed project or use is consistent with the General Plan FACT: The proposed project includes a General plan Amendment and Zone Change to modify the development potential of the project site and intensify uses from what is 84 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 allowed today. The project site is located adjacent to Highway 101 and a key commercial node at Del Rio Road and El Camino Real. The site is adjacent to services and a majority of the site is within the City’s identified Urban Services Line. The project is consistent with the Land Use, Open Space and Circulation (LOC) Policies and Programs 1.1.7 for infill development; 1.4.1 for screening exterior lights; 2.1.3 and 7.2.3 for providing street trees; and, 8.5.3 for providing on-site stormwater management. In addition, the project is consistent with Circulation Element (CIR) Policies and Programs 1.4 for requiring a tree lined street; 1.5.1 for requiring adequate off-street parking; and 2.3.1 for providing adequate sidewalks as required for all new commercial development in the City. The General Plan also includes policies and programs aimed at enhancing the City’s visual character and promoting economic viability. The City Council has previously identified this site as a key opportunity for increased economic development and expanded housing. In addition, LOC13 provides policies and programs aimed at establishing a range of employment and business opportunities to provide a sound economic base and ensure that new development generates sufficient revenue to support public service needs and quality environmental, social, and educational opportunities. LOC14 also encourages land uses that provide jobs and services for residents that fit within the City’s character. The project, as proposed, will provide additional services to surrounding residents and provide increased property taxes once the site has been developed. The project provides rental and for-sale units that are “affordable-by-design” and will contribute to affordable housing through compliance with the City’s interim affordable housing policy. B. FINDING: The proposed project or use satisfies all applicable provisions of the Zoning Ordinance FACT: The proposed mixed commercial and residential development includes a request for a General Plan Amendment and Zone Change to modify the development potential of the project site. With those approvals, the project is consistent with the Atascadero Municipal Code and the established Planned Development Overlay Zone.. The proposed structures and site plan are consistent with the applicable provisions of the Atascadero Municipal Code as conditioned. C. FINDING: 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 development will be located at the intersection of Highway 101, Del Rio Road, and San Ramon Road. Adequate access to the site is provided off Del Rio Road and San Ramon Road. The site design has been reviewed by all City 85 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 departments for consistency with code requirements. Impacts have been analyzed through the Initial Study and a proposed Mitigated Negative Declaration has been prepared identifying mitigation measures to reduce any impacts to a level of insignificance. The project is conditioned to construct frontage improvements along Del Rio Rd and San Ramon Road that will ensure safe traffic patterns in and out of the site. The intersection of Del Rio Road and San Ramon Road is also conditioned to be improved with a pedestrian crosswalk and pedestrian safety features to ensure safe pedestrian traffic to and from the project site. As conditioned, the project will not be detrimental or unsafe to those working, visiting, or living on the project site nor those within the surrounding neighborhoods. D. FINDING: The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development FACT: The proposed project is adjacent to Highway 101, the Apple Valley neighborhood, comprised of small-lot single-family residences, and rural residential parcels fronting San Ramon Road. The project has been designed to focus residential uses adjacent po existing neighborhoods. The lot pattern of the proposed small-lot single-family subdivision is similar to the Apple Valley development. Commercial uses have been located adjacent to Highway 101 and the drainage which runs adjacent to the project site to the west provides a natural visual buffer between existing residences and the higher intensity commercial and multi-family uses. E. FINDING: 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 project has been reviewed by Central Coast Transportation Consultants and an analysis was preformed to determine appropriate mitigation measures to accommodate the proposed development. The project will create additional traffic, both from new residents to the project and visitors and employees to the commercial portion of the project. The analysis concluded that traffic volumes and patterns will be safe and within the capacity of adjacent roadways with mitigation incorporated. F. FINDING: 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. The project site has been previously identified as an opportunity site for increased development and an opportunity for economic development. The City Council has an existing policy governing requests for general plan amendments and all processes outlined in that policy have been completed. The Council also has a policy 86 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 related to the approval pf Planned Development Overlay Zones outlining community benefits associated with the request for modified zoning standards. The project, as analyzed and conditions, s in compliance with this policy. 2. Findings for Approval of a Tentative Tract Map A. FINDING: The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan (Government Code §§ 66474(a) and (b)), and FACT: The proposed project includes a General plan Amendment and Zone Change to modify the development potential of the project site and intensify uses from what is allowed today. The project site is located adjacent to Highway 101 and a key commercial node at Del Rio Road and El Camino Real. The site is adjacent to services and a majority of the site is within the City’s identified Urban Services Line. The project is consistent with the Land Use, Open Space and Circulation (LOC) Policies and Programs 1.1.7 for infill development; 1.4.1 for screening exterior lights; 2.1.3 and 7.2.3 for providing street trees; and, 8.5.3 for providing on-site stormwater management. In addition, the project is consistent with Circulation Element (CIR) Policies and Programs 1.4 for requiring a tree lined street; 1.5.1 for requiring adequate off-street parking; and 2.3.1 for providing adequate sidewalks as required for all new commercial development in the City. The General Plan also includes policies and programs aimed at enhancing the City’s visual character and promoting economic viability. The City Council has previously identified this site as a key opportunity for increased economic development and expanded housing. In addition, LOC13 provides policies and programs aimed at establishing a range of employment and business opportunities to provide a sound economic base and ensure that new development generates sufficient revenue to support public service needs and quality environmental, social, and educational opportunities. LOC14 also encourages land uses that provide jobs and services for residents that fit within the City’s character. The project, as proposed, will provide additional services to surrounding residents and provide increased property taxes once the site has been developed. The project provides rental and for-sale units that are “affordable-by-design” and will contribute to affordable housing through compliance with the City’s interim affordable housing policy. B. FINDING: The site is physically suitable for the type of development (Government Code§ 66474(c)), and FACT: The property, after approval, will be zoned Commercial Park and Residential Multi-Family. The site is located adjacent o Del Rio Road and San Ramon Road and adjacent to the Del Rio Road / Highway 101 interchange. The Del Rio Road right-of- way is wide enough to accommodate all proposed improvements. The project site is 87 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 relatively flat with an existing drainage bisecting the site. The site has been designed to accommodate all stormwater generated from the project. C. FINDING: The site is physically suitable for the proposed density of development (Government Code § 66474(d)), and FACT: The property, after approval, will be zoned Commercial Park and Residential Multi-Family. The site is located adjacent o Del Rio Road and San Ramon Road and adjacent to the Del Rio Road / Highway 101 interchange. The Residential Multi-Family zoning allows for a maximum base density of 10 dwelling units per acre. The project site zoned for residential uses will be 6 acres, resulting is a proposed density of 10 units/acre. D. FINDING: The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (Government Code § 66474(e)), and FACT: The proposed project is on a site with an existing drainage that bisects the property originating from a culvert under Highway 101 and continuing north-west to Graves Creek. The existing drainage has minimal vegetation and was determined by the biologist to not contain sensitive species or be under the jurisdiction of any State or federal agency. The project is designed to enhance this feature. E. FINDING; The design of the subdivision or the type of improvements will not cause serious health problems. (Government Code § 66474(f)), and FACT: The project is designed in accordance with all local and State regulations. The project proposes a mixed commercial and residential development at a key opportunity site in the City and will not create any impacts to public health. F. FINDING; The design of the subdivision will not conflict with easements for access through or use of property within the proposed subdivision. (Government Code § 66474(g)). FACT: The proposed project includes conditions to provide shared access and parking easements throughout the site for the benefit of all applicable parcels ensuring access to all proposed parcels and uses. 3. Findings for Approval of a Tree Removal Permit FINDING; 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 based on the following factors: a. Early consultation with the City, 88 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 b. Consideration of practical design alternatives, c. Provision of cost comparisons (from applicant) for practical design alternatives, d. If saving tree eliminates all reasonable use of the property, or e. Saving the tree requires the removal of more desirable trees. FACT: The project proposes the removal of 4 native oak trees totaling 99 inches dbh. The trees proposed for removal are within the residential development area and would conflict with grading and drainage improvements. 4. Findings for Approval of a Height Exception FINDING: The project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties and that the modified height will not exceed the lifesaving equipment capabilities of the Fire Department. FACT: The height is exceeded by architectural and roof features for the hotel building buildings located along the norther portion of the site. The modified height will provide visual interest and has been reviewed by the Fire Department. The modified height will not exceed the lifesaving equipment capabilities of the Fire Department and is intended to enhance the appearance of the project and provide variation in building form and massing. The building is setback approximately 75-feet from the northern property line where an adjacent residential property and outbuilding currently exist. The project has been conditioned to provide screening landscaping along this property line to minimize impacts to the adjacent residential rear yard area. SECTION 4. CEQA. An Initial Study was prepared to determine if the proposed project would have a significant adverse effect on the environment. The Initial Study found that the project results in no significant impacts with mitigation measures incorporated. Consequently, a Mitigated Negative Declaration was prepared and circulated for public review on December 28, 2022. Based on public testimony, the document was revised and re-circulated for public review on February 2, 2023. The Planning Commission has recommended that the City Council certify the environmental determination for the Barrel Creek project. SECTION 5. Recommendation for Approval. The Planning Commission of the City of Atascadero, California, in a regular session assembled on February 7, 2023, resolved to recommend that the City Council approve a Conditional Use Permit and Vesting Tentative Tract Map for the Barrel Creek project (DEV21-0066) subject to the following: 1. EXHIBIT A: Conditions of Approval 2. EXHIBIT B: Project Entitlement Package 89 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 On motion by Commissioner _____________ and seconded by Commissioner ___________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: February 7, 2023 CITY OF ATASCADERO, CA ______________________________ Jeff van den Eikhof Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 90 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 Attachment 1: Conditions of Approval DEV21-0066: Barrel Creek Conditions of Approval DEV21-0066 Vesting Tentative Tract Map 3177 Barrel Creek APNs 049-131-043, 044, 052, 058, and 066 Timing FM: Final Map BL: Business License PR: Permit Review FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer Planning Department 1. This approval includes the following entitlements: a) Vesting Tentative Tract Map (TR3177) is for the creation of 42 legal lots of record (as conditioned) described on the attached exhibits and shall apply to APN 049-131-043, 044, 052, 058, and 066 regardless of owner. b) Master Plan of Development / Conditional Use Permit for approximately 53,500 sf of commercial / light industrial space, a 120-room hotel, 40 multi-family apartment units, 16 short-term stay cottages, and a 20 single family parcels. Approval also includes a height exception and Master Sign Program. Ongoing PS 2. All commercial buildings (excluding the hotels) shall be required to receive final occupancy prior to any residential unit receiving final occupancy. Improvements must be completed as follows, and as detailed in subsequent conditions: Phase I (commercial): · Road A in its entirety to the satisfaction of the Fire Marshal · All associated drainage facilities · All frontage improvements on Del Rio Road and at the intersection of Del Rio Road and San Ramon · All landscaping within the commercial portion of the project including north edge landscaping · All associated public utilities including extension of the sanitary sewer main in Del Rio Road · Upgrades to Lift Station 14 Phase 2 (multi-family) · Street B and adjacent parking · All associated drainage facilities · All associated landscaping · All associated public utilities · Any needed additional upgrades to Lift Station 14 Phase 2 (single-family): · Streets C and D · All frontage improvements along San Ramon Road · All associated drainage facilities · All associated landscaping · All associated public utilities 91 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 Conditions of Approval DEV21-0066 Vesting Tentative Tract Map 3177 Barrel Creek APNs 049-131-043, 044, 052, 058, and 066 Timing FM: Final Map BL: Business License PR: Permit Review FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer · Any needed additional upgrades to Lift Station 14 The Hotel and short term stay cottages can be constructed at any time. Upgrades to Lift Station 13 may be required if flows exceed estimates. Construction of the residential portion of the project may not commence until building permits for commercial buildings have been issued and construction has begun on the commercial / light industrial portion of the project. A deed covenant shall be recorded concurrently with the final map to notify residential parcels of the requirement for the commercial portion of the project to be completed prior to any residential units, per the phasing listed above. 3. Final design of each phase and project component must be in substantial conformance with provided Exhibit(s) adopted with this Resolution, and any conditions of approval related to such. Ongoing PS 4. The approval of these entitlements shall become final and effective for the purposes of issuing building permits the day after the City Council hearing, unless an appeal is made in accordance with the Atascadero Municipal Code. Ongoing PS 5. In accordance with the Atascadero Municipal Code section 9-8.105, any violation of any of the conditions of approval may 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. Ongoing PS 6. The Community Development Director and/or City Engineer shall have the authority to make modifications to the final map that remain in substantial conformance with the approved Tentative Map. FM PS/CE 7. The Community Development Director and/or City Engineer shall have the authority to make minor modifications to the Master Plan of development that are necessary to address code requirements or result in superior design. PR PS/CE 8. Approval of these entitlements shall be valid for twenty-four (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 final map (Tentative Map entitlement) or building permit (Master Plan of Development), or a time extension has been granted, consistent with the Atascadero Municipal Code. PR / FM PS 9. Vesting Tentative Subdivision Map was deemed complete on 12/21/2022, for the purposes of vested development rights and fees consistent with the Subdivision Map Act of the State of California. Ongoing PS/CE 92 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 Conditions of Approval DEV21-0066 Vesting Tentative Tract Map 3177 Barrel Creek APNs 049-131-043, 044, 052, 058, and 066 Timing FM: Final Map BL: Business License PR: Permit Review FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer 10. A final map drawn in substantial conformance with the approved vesting tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City’s Subdivision Ordinance FM PS/CE 11. 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 subdivision. Ongoing 12. All subsequent Tentative Map and construction permits shall be consistent with the Master Plan of Development approved for the project. PR / FM PS/CE 13. The subdivision shall be subject to additional fees for park or recreation purposes (QUIMBY Act) as required by City Ordinance PR PS 14. All maintenance costs listed below shall be 100% funded by the project in perpetuity, except for public facilities that are accepted for maintenance by the City of Atascadero. The service and maintenance cost shall be funded through an entity or mechanism established by the developer, subject to City Staff approval. This entity or mechanism must be in place prior to, or concurrently with acceptance of any final map(s) or the issuance of any building permits. The entity or mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map(s) or issuance of any building permits. The administration of the above-mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the entity or mechanism. a) All roads, sidewalks, pathways, parking, and access areas. b) All landscaping and lighting within the proposed project area. c) Common area fencing and/or features. d) Open areas on private property within the proposed project area including detention facilities, bio-swales, and other low-impact- development features. e) All drainage facilities within the project area. f) Landscaped frontages within the right-of-way of all public streets within the defined project boundary, including irrigation. g) On-site sanitary sewer system(s) and storm drains located within the project area. Ongoing PS/CE 15. The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the FM PS 93 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 Conditions of Approval DEV21-0066 Vesting Tentative Tract Map 3177 Barrel Creek APNs 049-131-043, 044, 052, 058, and 066 Timing FM: Final Map BL: Business License PR: Permit Review FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above-mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property.  All Atascadero Police Department service costs to the project.  All Atascadero Fire Department service costs to the project.  Off-site common City of Atascadero park facilities maintenance service costs related to the project Annexation into the Community Facilities District shall be required prior to, or concurrently with, recordation of the final map, or prior to occupancy of any residential unit if the tract map is abandoned. 16. Affordable Housing: The applicant shall deed restrict 4 units at the moderate-income level within the single-family subdivision. The applicant shall deed restrict the following units within the multi-family area: · 3 moderate units (3.44 rounded down) · 2 low income units (2.16 rounded down) · 2 very-low income units (1.6 rounded up) · In-lieu fees collected for the missing fraction FM PS 17. Shared parking and access easements shall be recorded over all parcels as applicable. Easements shall also be recorded for shared drainage facilities. Parking shall not be designated for each use except for short-term pick-up spaces and multi-family residential uses as needed. A maximum of one space per residential unit shall be designated as reserved. FM PS/CE 18. Prior to final map, the applicant shall submit CC&Rs for review by the Community Development Department. CC&Rs for the commercial and residential portions of the project may be separate, combined, or tiered. FM PS 19. The central commercial plaza space shall be designed with main entrances to any abutting space from the Plaza. This does not prohibit entrances from also being located facing the surrounding access/parking areas. PR PS 94 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 Conditions of Approval DEV21-0066 Vesting Tentative Tract Map 3177 Barrel Creek APNs 049-131-043, 044, 052, 058, and 066 Timing FM: Final Map BL: Business License PR: Permit Review FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer 20. Agreements shall be required to be recorded against each residential parcel notifying any residential tenant of the commercial nature of the site to ensure that commercial activities are prioritized. FM, PR PS/CE 21. All landscape on-site or planted along the street frontage shall be maintained in a manner that allows the tree to grow to its full natural height and natural canopy. No growth suppressants shall be permitted that result in stunting or modifying the natural growth pattern of the tree. Ongoing PS 22. A tree protection plan shall be submitted as part of each building permit package. The plan shall identify the size and species of all trees, all trees proposed for removal, the location of any required tree protection fencing, and construction related mitigation measures dictated by the project arborist and/or City Native Tree Guidelines. All tree removals shall be mitigated consistent with the requirements of the Atascadero Municipal Code. Any required mitigation fees shall be paid prior to permit issuance. PR PS 23. Taller landscaping shall be included at the rear of the proposed multi-family buildings. Landscaping shall include taller trees and shrubs designed to enhance visual screening. Landscaping shall be placed to avoid conflicts with retaining walls and footings. Ongoing PS 24. All perimeter / retaining walls facing San Ramon Road, Del Rio Road, and walls at the rear of the multi-family buildings shall include decorative veneer or natural stone texture. All other walls shall be a dark color split face block or shall match decorative walls. All walls and veneers shall be approved by the Community Development Director and shall be included in the permit application. PR PS 25. A fencing plan shall be included with each development phase / permit. Fencing for the commercial and multi-family portion of the project shall be limited to safety fencing as deemed necessary by the Community Development Director and/or the City Engineer or as required for outdoor restaurant areas. No chain-link fencing shall be permitted. Solid fencing may be used to screen mechanical equipment or provide small privacy areas where appropriate. Single- family properties shall be fenced per the guidelines of the Planned Development Overlay Zone. Wood fencing shall be high quality and shall include a top rail. No dog-eared fencing will be permitted. PR PS/CE 26. Evergreen landscaping shall be included along the northern project edge adjacent to existing residentially zoned parcels to the greatest extent feasible. Landscape materials shall include trees and shrubs that provide visual screening above the fence/wall line and visual screening of the hotel and lighted freeway sign. PR PS 27. London Plane street trees shall be planted along the Del Rio Road frontage at a spacing of 30-feet on-center or as approved by the City Engineer. Street trees along the San Ramon frontage may be grouped PR PS/CE 95 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 Conditions of Approval DEV21-0066 Vesting Tentative Tract Map 3177 Barrel Creek APNs 049-131-043, 044, 052, 058, and 066 Timing FM: Final Map BL: Business License PR: Permit Review FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer for a more natural rural appearance. Additional frontage landscaping shall include accent trees and native grasses. In addition to the London Plane Sycamores, medium sized native grasses, such as deer grass and California oat grass, and small shrubs, such as manzanita and ceanothus, shall be included along the Del Rio frontage to provide visual softening of the retaining wall. 28. Entry sign concept 2B shall be utilized for the Del Rio Road and commercial area entrances. Stone veneer shall be compatible with the decorative treatment conditioned for the retaining / perimeter walls. PR PS 29. Water tower signage lighting shall be externally illuminated and shall be dark sky compliant and directional. PR PS 30. Future buildings shall be approved by planning staff prior to permit issuance and shall incorporate design elements consistent with a contemporary agrarian design theme, consistent with this Master Plan of Development. Building footprints and elevations may vary provided the overall design theme and square-footage analyzed for traffic and sewer capacity are maintained. PR PS 31. All trash enclosures shall be constructed of dark color split face block or similar and shall include high quality solid metal doors. Enclosures shall be designed in accordance with Cal Green requirements. PR PS 32. Any second floor greater than 50% of the first floor area of a commercial building shall have a finished floor elevation of a minimum of 16-feet from finished floor elevation of the ground floor. PR PS 33. All stormwater basins shall be unfenced. Low level decorative split rail fencing may be approved by the Community Development Director. PR PS/CE 34. Lot 40 shall be eliminated from the final map. FM PS/CE 35. Easements for common access, parking, drainage, and amenity areas shall be recorded on the face of the map. Separate covenants shall be recorded governing use and maintenance responsibilities. An additional covenant shall be recorded notifying all future property owners that the project is governed by a Planned Development Overlay zone and any modifications or changes to the appearance, fencing, or amenity areas requires approval by the City. FM PS 36. All site lighting shall be shielded, directional, and dark sky compliant. Up lighting and festoon lighting shall be permitted within the commercial plaza area, hotel courtyard, amphitheater, and along the hotel entry façade only. Bollard and/or low level in-ground safety lighting shall be permitted along pedestrian pathways. PR PS 96 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 Conditions of Approval DEV21-0066 Vesting Tentative Tract Map 3177 Barrel Creek APNs 049-131-043, 044, 052, 058, and 066 Timing FM: Final Map BL: Business License PR: Permit Review FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer 37. Tenant signage shall compliant with the project exhibits and PD38 standards. PR PS 38. Rear yard fencing of lots adjacent to the Del Rio Road Frontage shall be setback a minimum of 3-feet from any retaining wall in excess of 2-feet. PR PS 39. Drainage crossings shall be designed to enhance the natural drainage feature. Grading shall be minimized and shall be blended into the natural terrain to reduce impacts. Riparian vegetation shall be included in the landscape plan to enhance the drainage feature. Headwalls shall include decorative veneer or texture. Arched culvert or similar natural bottom culverts are required unless waived by the Community Development Director and City Engineer. PR PS/CE 40. The site shall be maintained in and kept clear of any debris or storage including construction debris, unless part of an active, approved construction permit. All finishes shall be repaired or replaced as needed to maintain a high quality commercial / resort development. Any dead or non-thriving landscaping shall be immediately replaced. All landscaping required for screening of any use, structure, or utility /mechanical equipment shall be maintained at a height and density to achieve maximum screening while appearing groomed and orderly. Ongoing PS 41. No gates shall be permitted on any public or private roadway or accessway within the project area. Ongoing PS 42. For commercial, industrial, office or multi-family projects, all existing and/or 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 landscaping subject to approval by the Community Development Director or his designee. All fire department connections and/or back flow prevention devices for commercial and multi-family buildings shall be incorporated into the served buildings, unless waived by Community Development Director. If building integration is infeasible, all equipment shall be placed in a landscape planter and shall be fully screened by appropriately sized landscape species. PR PS/FD 43. All existing and/or new roof appurtenances such as air- conditioning units, grease hoods, etc. shall be screened from public view. The screening shall be architecturally integrated with the building design and constructed of compatible materials to the satisfaction of the Community Development Director or his Ongoing PS 97 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 Conditions of Approval DEV21-0066 Vesting Tentative Tract Map 3177 Barrel Creek APNs 049-131-043, 044, 052, 058, and 066 Timing FM: Final Map BL: Business License PR: Permit Review FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer designee. 44. All mitigation measures included in the Mitigation Monitoring Program are hereby incorporated by reference and shall be implemented as listed or as conditioned. Ongoing PS/CE/FD 45. Cottage hotel units shall not include units over which the State has permitting jurisdiction. A maximum of 25% of the unit can have a full kitchen, unless otherwise approved by the subsequent Master Plan of Development. PR PS 46. A deed notification shall be required to be recorded on all residential parcels notifying future buyers of the rural nature of the surrounding neighborhood and the possibility for animals and farm equipment that may produce added noise and odors. Public Works Department Public Works - Grading, Drainage, and Stormwater 47. A final Stormwater Control Plan (SWCP) and supporting hydrology report shall be approved by the City Engineer prior to issuance of any building permit, in accordance with the State regulations (Regional Water Quality Control Board Res. No. R3-2013-0032). PR CE 48. Prior to a final inspection of any permit the following City Stormwater documents shall be completed and approved by the City Engineer: · ATAS - SWP-1001_Engineer Certification Form · ATAS - SWP-1003_OwnerAgentInfo · ATAS - SWP-1007_Exhibit_B_Instructions_SCM FORM · ATAS - SWP-1008_Stormwater System Plans and Manuals · ATAS - SWP-2002 Stormwater O&M Process and Form Instructions · ATAS - SWP-3001_Stormwater System O&M_Agreement · ATAS - SWP-3002_Private Stormwater System Recorded Notice · Any other stormwater documents required by the Water Board or State of California. Email publicworks@atascadero.org for copies of the above City templates. PR CE 49. A Storm Water Pollution Prevention Plan (SWPPP) is required prior to any ground disturbing activities greater than 1 acre. The PR CE 98 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 Conditions of Approval DEV21-0066 Vesting Tentative Tract Map 3177 Barrel Creek APNs 049-131-043, 044, 052, 058, and 066 Timing FM: Final Map BL: Business License PR: Permit Review FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer Waste Discharger Identification (WDID) number provided upon acceptance of the SWPPP into the State’s SMARTS system registration shall be noted on the Title Sheet of the relevant project plans. A project Qualified Stormwater Professional (QSP) shall coordinate with the City Inspector for State mandated storm water inspections and shall provide verification of QSP inspections, monitoring, SWPPP modifications and actions throughout project. 50. All stormwater management improvements to be owned or managed by the funding mechanism referenced in Condition #14 and shall be identified in an Operation and Maintenance Plan/Agreement (OMP) and shall be recorded concurrently with the Final Map. The OMP shall include a financial plan addressing annual and long-term maintenance as well as replacement. Specific requirements for stormwater management may be required to be identified on an additional Final Map information sheet. PR/F CE 51. All culverts conveying creek stormwater shall not exceed velocity that results in detrimental environmental impacts such as downstream flooding, erosion, minimization of vegetation. PR CE 52. Flood control basins are utilized in the City of Atascadero, as determined appropriate depending upon site conditions: Retention basins, Detention basins, and Subsurface Infiltration Basins. In all cases, the Project Engineer shall provide evidence that the basin will completely drain within seven (7) days to the satisfaction of the City Engineer. Retention Basin. Any drainage basin which is used as a terminal disposal facility shall be classified as a retention basin. If included in the project, any retention basin shall comply with all applicable State and local regulations including the following: a. Percolation Test Required. A minimum of 3 percolation tests per basin shall be submitted to the City Engineer for review and approval prior to approval of the plans. The project engineer shall submit calculations and a report demonstrating the basin will drain within seven-days of a single storm event as noted above. Deep soil borings may be required in areas where there is concern of shallow depth to groundwater or bedrock. Percolation tests shall be performed at depths below the basin bottom. Detention Basin. Any drainage basin which has a downstream outlet designed to meter the outflow shall be classified as a detention basin. If included in the project, any detention basin shall comply with all applicable State and local regulations. PR CE 99 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 Conditions of Approval DEV21-0066 Vesting Tentative Tract Map 3177 Barrel Creek APNs 049-131-043, 044, 052, 058, and 066 Timing FM: Final Map BL: Business License PR: Permit Review FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer Subsurface Infiltration Basins. Subsurface basins may be used for either retention or detention of site runoff, where their application is suitable for project conditions. If included in the project, any subsurface basins shall comply with all applicable State and local regulations. Subsurface basins shall be limited to locations where the depth to seasonally high groundwater is greater than 10-feet below the deepest portion of the basin. Drain Rock. Drain rock shall be clean, crushed granite (or clean, angular rock of similar approved hardness) with rock size ranging from 1-1/2-inch to 3/4-inch. Rock gradation shall conform to the Specification of ASTM C-33 #4. Operational Requirements. · Water quality of inflow (both sediment and chemical loading) may require pretreatment or separation · Maintenance plan, including provisions for vehicular access and confined-space entry safety requirements, where applicable · A safe overflow path shall be identified on the plan and may require easements Overflow Path Required. The design of all drainage basins shall identify the designated route for overflow. The Project Engineer shall design the overflow path so that the flow in a 100- year storm is non-erosive and will not damage downstream improvements, including other basins. Easements may be required for concentrated flows across multiple properties. Public Works - Utilities 53. Public utilities shall be installed in all public rights-of-way to the satisfaction of the City Engineer. This shall include the installation of fiber optic cable or conduit for such as appropriate. PR CE 54. Prior to recording the Final Map, the Applicant shall have the map reviewed by the public utility providers for power, telephone, gas, cable TV, and the Atascadero Mutual Water Company. The Applicant shall obtain a letter from each utility company stating that the easements and rights-of-way shown on the map for public utility purposes are acceptable. FM CE 55. Each building shall be served with separate services for water, sewer, gas, power, telephone, fiber/communication, and cable TV. Utility laterals shall be located and constructed to each building in accordance with City Engineering Standards and Standard Specifications and other applicable codes. PR CE 100 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 Conditions of Approval DEV21-0066 Vesting Tentative Tract Map 3177 Barrel Creek APNs 049-131-043, 044, 052, 058, and 066 Timing FM: Final Map BL: Business License PR: Permit Review FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer 56. New and replacement utility distribution systems and services, including all existing utilities along all project frontages, shall be constructed underground, to the satisfaction of the City Engineer. PR CE 57. The Applicant shall extend the water distribution system to the satisfaction of the Atascadero Mutual Water Company (AMWC) and City Engineer. PR CE 58. The water system shall include easements outside of the road rights-of-way for water system facilities as required by the AMWC and to the satisfaction of the City Engineer. PR CE 59. Separate water meters shall be installed for irrigation of common open space areas. PR CE 60. Above ground facilities required for the water distribution system, such as backflow prevention device assemblies, pressure reducing units, and pressure booster stations, shall be located outside the public right-of-way and shall include visual screening to the satisfaction of AMWC and the City. Fire connections and backflow devices for the commercial and multifamily buildings shall be installed per Condition #42. PR CE 61. The wastewater collection system shall be designed and constructed in accordance with City Engineering Standards and Specifications to the satisfaction of the City Engineer. Gravity sanitary sewer (SS) mains shall terminate in manholes. The development’s private sanitary sewer main shall tie in to City sewer on Del Rio Road and/or San Ramon Road in a manhole. PR CE 62. All non-residential uses/buildings must demonstrate that wastewater effluent composition meets City requirements, or pre- treatment may be required. For uses that require pre-treatment, a sampling location shall be provided to sample effluent prior to discharge to sewer main line. PR CE 63. Sewer capacity charges/fees will be applied to building permit at issuance. The applicant shall pay sewer fees in effect at the time the Vesting Parcel Map was deemed complete. If any unique uses are proposed, specific wastewater information may be required to be submitted, subject to the request and approval of the City Engineer. PR CE 64. Per Mitigation Measure USS-01, prior to occupancy for any use, the developer shall upgrade City Lift Station 14 with the following: a. Install new 30 HP submersible pumps and associated piping improvements b. Install new wet well roof and hatch c. Install new Motor Control Center (MCC), Variable Frequency Drives (VFDs), and upgrade controls d. Install stationary emergency generator, propane tank, and associated piping PR CE 101 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 Conditions of Approval DEV21-0066 Vesting Tentative Tract Map 3177 Barrel Creek APNs 049-131-043, 044, 052, 058, and 066 Timing FM: Final Map BL: Business License PR: Permit Review FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer e. Bypass pumping during construction Concurrent with the submittal of the first building permit, submit a public improvement plan set for the upgrading of the Lift Station 14 outlined above to the Public Works Department for review and approval. 65. Per Mitigation Measure USS-02, prior to occupancy of any use that exceeds 196 gallons per minute at peak hour (GPM) flow at Lift Station 14, the developer shall upgrade City Lift Station 14 with the following: a. Replacement of existing pumps with minimum 40‐Hp pumps and associated piping upgrades, or as approved by the City Engineer based on an updated analysis. b. Remove and replace existing wet well with minimum 8’ diameter wet well. c. Pipeline connection improvements. d. Install new MCC, VFDs, and upgrade controls. e. Upsize the emergency generator as needed. f. Bypass pumping during construction. Concurrent with the submittal of the any building permit application which would trigger the exceedance of 196 GPM, submit a public improvement plan set for the upgrade of Lift Station 14 as outlined above to the Public Works Department for review and approval. PR CE Public Works – Subdivision / Public Improvements 66. If any conditioned improvements are installed by another project, this project shall pay their fair share toward any installed improvement or facility. Fair Share payments shall be determined by the City Engineer. PR CE 67. Prior to the issuance of building permits, the applicant shall provide the fair share payment for the Ramona Rd realignment and planned improvements for the Del Rio Road corridor in the vicinity of US 101 and any associated improvements and signal timing modifications as listed in the mitigation monitoring program, including: · Ramona Road realignment and associated widening of Del Rio Road including pedestrian facilities. · Reconfiguration and signal modifications of US101 southbound / Del Rio Road intersection, including pedestrian crosswalks. · Addition of dedicated right turn lane on Del Rio Road to US101 northbound ramp and associated signal modifications. PR CE 102 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 Conditions of Approval DEV21-0066 Vesting Tentative Tract Map 3177 Barrel Creek APNs 049-131-043, 044, 052, 058, and 066 Timing FM: Final Map BL: Business License PR: Permit Review FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer · Intersection improvements at Del Rio Road / El Camino Real. All fair share percentages and fees shall be reviewed and approved by the City Engineer. Fair share percentages shall be based on an updated traffic analysis, paid for by the developer an approved by the City Engineer. Fair share fees shall be based on an updated project cost estimate at the time of permit issuance, as determined by the City Engineer. Fair share fees shall be paid prior to issuance of each building permit for any traffic generating use. It is anticipated that the City will complete the Ramona Road realignment prior to commencement of the project. If these improvements are not completed, “Do Not Block” Intersection Markings per the California Manual on Uniform Traffic Control Devices (CAMUTCD) Section 3B.17 shall be completed at the Ramona Road intersection prior to occupancy of any commercial or residential use. Should the improvements outlined in MM TRANS-04 (Del Rio/US101/El Camino Real) not be complete at the time of occupancy for any use in the project, the developer shall be responsible for constructing those improvements. An updated traffic analysis may be provided to determine the trigger for improvement completion. If improvements are not constructed prior to permit submittal for this project, the applicant will coordinate with the City and Caltrans on construction of the required lane widening. 68. Should a developer construct oversized improvements, any costs of the installed improvements in excess of the project’s proportional share, may be eligible for a TIF fee credit. Any potential TIF fee credit will be calculated by the City and will comply with any City resolution guiding TIF Fee credits in place at the time of construction of the improvements. The developer constructing the improvements may also be eligible for reimbursement from other developments conditioned to participate. Ongoing PS/CE 69. The project shall construct all improvements needed to accommodate each phase of the development. Phase 1 (Commercial): Prior to or concurrently with the issuance of permits to commence the project, a public improvement plan shall be reviewed and approved by the City Engineer and an encroachment permit shall be issued for improvements on Del Rio Road and any improvements at the intersection of San Ramon Road and Del Rio Road including: a. Curb, gutter, and a 6-foot sidewalk along Del Rio Road b. Associated road widening c. Striping and signage FM PS/CE 103 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 Conditions of Approval DEV21-0066 Vesting Tentative Tract Map 3177 Barrel Creek APNs 049-131-043, 044, 052, 058, and 066 Timing FM: Final Map BL: Business License PR: Permit Review FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer d. Improvements on project corner. e. Installation of a ladder striped crosswalk on the eastern leg of the Del Rio Road / San Ramon intersection f. The crosswalk shall be supplemented with pedestrian warning signage and rectangular rapid flashing beacon (RRFB) on both sides of the road. The crosswalk across the northern side San Ramon Road shall not be included. g. Lighting at the intersection of Del Rio Road and San Ramon Road sufficient for pedestrian and vehicular safety. Light shall be provided both on the north and south side of the intersection Phase 2 (single-family): Prior to issuance of any permit for the single-family neighborhood, a public improvement plans shall be reviewed and approved by the City Engineer and an encroachment permit shall be issued for improvements as detailed below: a. Curb, gutter, and a 6-foot sidewalk along San Ramon Road. Sidewalk shall terminate to a point North of Street D as determined by the City Engineer. b. A contiguous pedestrian path of travel shall be provided along Del Rio Road to the existing sidewalk on the south side of the freeway overpass. Both phase 1 and phase 2 public improvements must be completed or bonded for prior to recordation of the final map. Phase 2 multi-family Improvements are the same as listed for Phase 1 and are to be complete prior to construction of any multi- family building per conditions. 70. The connection between Street D and Street A shall be designed as one-way with traffic flowing from the residential area to the commercial area. The intersection shall be designed to discourage through traffic and shall include signage to prohibit entry from Street A to Street D (commercial to residential). This connection will also serve as an emergency egress from Street D and shall not be gated or designed in any way which hinders emergency vehicle access. FM/PR CE/PS/FD 71. All mitigation measures included in the mitigation monitoring program shall be implemented as conditioned. Conditions listed are intended to supplement and refine mitigation measures. Any discrepancy shall be resolved by a determination of the City Engineer and Community Development Director. Ongoing PS/CE 72. Public improvement plans (PIPs) shall be prepared by a licensed civil engineer. PIPs shall be prepared on 24”x36” plan sheets, use the City Standard border and signature block, and shall comply with Section 2 of City Standard Specifications. All plans shall contain the City of Atascadero "Standard Notes for Improvement Plans" on file in the City Engineer's office. PR CE 104 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 Conditions of Approval DEV21-0066 Vesting Tentative Tract Map 3177 Barrel Creek APNs 049-131-043, 044, 052, 058, and 066 Timing FM: Final Map BL: Business License PR: Permit Review FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer 73. A 6-foot wide Public Utility Easement (PUE) shall be dedicated contiguous to the new road rights-of-way for the property frontages along San Ramon Road and Del Rio Road. FM CE 74. Road slope easements shall be dedicated where the road prism cut/fill slopes extend beyond the right-of-way. The easement shall extend not less than five feet (horizontally) beyond any daylight or catch line of the graded slope or other required road facility (such as a brow ditch, retaining wall, drainage swale, etc.), to the satisfaction of the City Engineer. FM CE 75. Prior to Encroachment permit issuance, the Developer shall execute an “Engineer of Work Agreement” form designating who will be providing engineering support for the design and construction of the improvements for the project (Engineer of Record). The City and Engineer of Record (EOW) inspectors are to work together in collection and record keeping necessary for the inspection and approval of the improvements. The EOW inspector shall be onsite when work requiring inspection occurs. City inspections will occur based on the agreed upon schedule with City Staff. PR CE 76. The horizontal and vertical design of roads shall be in compliance with the City of Atascadero Engineering Standards and Caltrans design requirements, if applicable, to the satisfaction of the City Engineer. The City Engineer reserves the right to make modifications to all submitted road designs, when in the opinion of the City Engineer, the public’s health and safety is benefitted. PR CE 77. The design of structural pavement sections for on-site roads shall be based on minimum a Traffic Index (TI) = 6.0 and a 20-year design life. Off-site/public roads must match existing pavement sections and/or City Standards Specifications to the satisfaction of the City Engineer. PR CE 78. New roads with pavement placed prior to the construction of buildings will be subjected to additional construction traffic and wear associated with the on-site construction not included in the design life of the pavement section. Therefore, to off-set this, the AC thickness shall be increased from that which is derived from Caltrans method by either: a. 1” if the pavement is placed prior to building construction (not phased) b. 1.5” if the pavement construction is phased (i.e. – a portion of the ultimate pavement thickness is deferred and a final pavement wearing course placed prior to final inspection). c. Final pavement wearing course shall not be less than 1.5” PR CE 105 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 Conditions of Approval DEV21-0066 Vesting Tentative Tract Map 3177 Barrel Creek APNs 049-131-043, 044, 052, 058, and 066 Timing FM: Final Map BL: Business License PR: Permit Review FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer d. Street centerline monuments shall be provided at intersections and at the beginning and end of curves along the street centerline Public Works - General 79. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings, except as noted above or as approved by the City Engineer. PR CE 80. In the event that the applicant is allowed to bond for the public improvements required as a condition of the map, the applicant shall enter into a Subdivision Improvement Agreement with the City. FM CE 81. An engineer’s estimate of probable cost for Subdivision Improvements shall be submitted for review and approval by the City Engineer to determine the amount of the bond. FM CE 82. The Subdivision Improvement Agreement (SIA) shall record concurrently with the Final Map. If it is the intent of the developer to pursue a reimbursement agreement with the City for the installation of any oversized improvements, reference to said agreement and terms shall be included in the SIA. FM CE 83. The applicant shall be responsible for the relocation and/or alteration of existing utilities. PR CE 84. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. FM CE 85. Prior to recording the final map, the applicant shall either bond for or set monuments at all new property corners. A registered civil engineer licensed to perform land surveying or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. FM CE 86. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. FM CE 87. Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. FM CE 88. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. FM CE 106 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 Conditions of Approval DEV21-0066 Vesting Tentative Tract Map 3177 Barrel Creek APNs 049-131-043, 044, 052, 058, and 066 Timing FM: Final Map BL: Business License PR: Permit Review FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer 89. Prior to recording the map, the applicant shall bond for or complete all improvements required by these conditions of approval. FM CE 90. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. FM CE 91. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. FO/TO CE 92. An encroachment permit shall be obtained prior to any work within City rights of way. PR CE 93. Prior to the issuance of building permits, the applicant shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. PR CE Fire Department 94. Fire hydrants shall be located within 100-feet of the fire department connection for each building. PR FD 95. A 26-foot wide fire lane shall be provided no closer than 15-feet and no farther than 30-feet from any building exceeding 30-feet in height, subject to the approval of the Fire Marshal and City Engineer. This may be accommodated within the parking lot drive aisles. PR FD/CE 96. An Atascadero Construction Site Safety Plan is required to be submitted and approved prior issuance of building permits. PR FD 97. The turn-around area at the terminus of street “C” within the residential subdivision shall include red curb and no parking signage. PR FD/CE 98. A fire flow calculation for each commercial and multi-family structure shall be provided during building permit review to determine required hydrant spacing. PR FD MITIGATION MEASURE Timing Aesthetics AES-1 Landscaping shall be included along the San Ramon and Del Rio frontages to buffer higher density residential lots from surrounding existing rural residences. Landscaping shall include small shrubs and grasses along with street trees. Street trees along San Ramon shall be installed in a natural grouped pattern and shall include native species. Landscaping along Del Rio shall include shrubs and grasses as well as London plan trees at a spacing of 30-feet on-center consistent with the adjacent Apple Valley Prior to Building Permit Issuance / Project Final 107 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 development. A minimum of 8 feet of landscaped area shall be provided along each frontage. AES-2 Columnar landscaping and canopy shade trees shall be provided along the norther property line to provide visual screening of the 4-story hotel from the adjacent residential parcel. Landscaping shall include evergreen species and shall be designed to block visual impacts to the greatest extent possible. Prior to Building Permit Issuance / Project Final AES-03 Site lighting shall be low-level safety lighting for the parking lot areas. Lighting shall be on motion sensors to minimize lighting when areas are not in use. All pole lighting shall be a maximum of 14-feet in height and shall be shielded and directional. Prior to Building Permit Issuance / Project Final AES-04 Low level lighting shall be placed at the intersection of San Ramon and Del Rio Road for safety. Additional lighting at the Apple Valley frontage shall be installed as needed to facilitate safe lighting levels at the intersection. Prior to Building Permit Issuance / Project Final AES-05 All site walls visible from the exterior of the site shall be decorative walls and shall include decorative veneer. Prior to Building Permit Issuance / Project Final AES-06 Lighting at the north hotel façade and west facing portion of the façade closest to the proposed multi-family units shall include pedestrian scale bollard lighting only. No architectural feature lighting is permitted. Fully shielded directional lighting shall be permitted where needed for egress safety. Prior to Building Permit Issuance / Project Final Air Quality AQ-01 Water exposed soil during active construction at a specific frequency to achieve dust suppression. Ongoing during Construction AQ-02 Apply water at a specific frequency during active demolition to achieve dust suppression. Ongoing during Construction AQ-03 Water construction roads a minimum of twice daily. Ongoing during Construction AQ-04 Maintain a 25 mile per hour speed limit for all vehicles during construction Ongoing during Construction AQ-05 Zero or low-VOC paints shall be used throughout the project. Prior to Building Permit Issuance / Project Final AQ-06 Limit heavy equipment idling to no greater than 5 minutes at a single location Ongoing during Construction Cultural Resources CUL-01 Prior to the issuance of any permits on-site, an Archeological Monitoring Plan shall be prepared by a qualified archeologist and shall be approved by the City of Atascadero. All recommendations of the plan shall be implemented as directed. Prior to Building Permit Issuance CUL-02 All grading and site disturbance activities shall be monitored by a qualified archeologist and a monitor from a local tribal representative. Ongoing during Construction 108 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 CUL-03 Prior to demolition of the Quonset hut, the applicant shall provide documentation that includes floor plans, elevations, photographs and historical facts related to the structure. The report shall be approved and filed by the City prior to permit issuance for demolition. Prior to Building Permit Issuance Greenhouse Gas Emissions GHG-01 Provide a pedestrian-friendly and interconnected streetscape with good access to/from the development for pedestrians, bicyclists, and transit users to make alternative transportation more convenient, comfortable and safe. Prior to Building Permit Issuance GHG-02 Provide large canopy shade trees throughout the parking areas to reduce evaporative emissions from parked vehicles. Prior to Building Permit Issuance GHG-03 The multi-family portion of the development shall meet or exceed CALGreen Tier 2 standards. Prior to Building Permit Issuance GHG-04 See AQ mitigation measures Noise NOI-01 Construction activities shall be limited to 9am to 7pm on Saturdays and shall not occur on Sundays. Ongoing during construction Transportation TRANS-01 The Crosswalk at Del Rio Road shall include ladder striping for the crosswalk at the eastern leg of the intersection. The crosswalk shall be supplemented with pedestrian warning signage and rectangular rapid flashing beacon (RRFB) on both sides of the road. The crosswalk across the northern side San Ramon Road shall not be included. Prior to Building Permit Issuance / Project Final TRANS-02 The intersection of San Ramon Road and Del Rio Road shall be illuminated with down lighting sufficient for pedestrian and vehicular safety. Light shall be provided both on the north and south side of the intersection. Prior to Building Permit Issuance / Project Final TRANS-03 A contiguous pedestrian path of travel shall be provided along Del Rio Road to the existing sidewalk on the south side of the freeway overpass prior to occupancy of any residential units. Prior to Building Permit Issuance / Project Final TRANS-04 Prior to occupancy of any use on the project, the following improvements shall be completed at the Del Rio and El Camino Real intersection: · Restripe the eastbound approach to a left, through, and right turn lane and modify the left turn to protected- permissive phasing, · Add a westbound left turn lane (required for eastbound through lane transition) with permissive phasing, · Modify the southbound and northbound left turns to protected-permissive phasing, · Add overlap phasing to the southbound right turn pocket currently under construction, · Replace eight-inch traffic signal heads with 12-inch heads, · Install yellow reflective tape on all backplates, · Install new signage and replace non-reflective signs, and · Optimize signal timings for all coordinated signals including updating pedestrian and yellow clearance times at Del Rio and El Camino Real. Prior to Occupancy 109 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 It is anticipated that these improvements will be completed by the Marketplace Project prior to commencement of the Barrel Creek Project. This project shall pay their fair share toward these improvements. Fair share shall be based on current cost estimates. Should the developer construct the improvements, any costs of the installed improvements in excess of the project’s proportional share may be eligible for a TIF fee credit. Any potential TIF fee credit will be calculated by the City and will comply with any City resolution guiding TIF Fee credits in place at the time of construction of the improvements. The developer constructing the improvements may also be eligible for reimbursement from other development conditioned to construct specified improvements. TRANS-05 The applicant/developer shall pay their fair share towards improvements at the US101/Del Rio interchange as specified in the Del Rio Road Commercial Area Specific Plan including the addition of a westbound right- turn lane to the intersection of Del Rio Road/US 101, such that there would be two westbound lanes on Del Rio Road from El Camino Real to the US 101 North ramp with a dedicated right turn lane onto US 101 northbound. Prior to Building Permit Issuance TRANS-06 The applicant/developer shall pay their fair share toward the realignment of Ramona Road and associated frontage improvements along Del Rio Road between San Ramon and US 101. Cost estimates for the fair share payment shall be based on a current cost estimate or the actual costs if the project is completed prior to permit issuance. It is anticipated that the City will complete these improvements prior to commencement of the project. If these improvements are not completed, Do Not Block Intersection Markings per the California Manual on Uniform Traffic Control Devices (CAMUTCD) Section 3B.17 shall be completed at the Ramona Road intersection prior to occupancy of any commercial or residential use. Prior to Building Permit Issuance TRANS-07 A striped crosswalk shall be provided across “Street A” (project entry street at Del Rio Road) to connect the pedestrians from the commercial portion of the project to the Del Rio Road sidewalk and crossing at San Ramon. Prior to Building Permit Issuance / Project Final Tribal and Cultural Resources TCR-01 See mitigation measure CUL-01. Utility and Service Systems USS-01 Prior to occupancy for any use, the developer shall upgrade Lift Station 14 with the following: · Install new 30 HP submersible pumps and associated piping improvements · Install new wet well roof and hatch · Install new Motor Control Center (MCC), Variable Frequency Drives (VFDs), and upgrade controls · Install emergency generator, propane tank and associated piping · Bypass pumping during construction Building Permit USS-02 Prior to occupancy of any use that exceeds 196 gallons per minute at peak hour flow at Lift Station 14, the developer shall upgrade Lift Station 14 with the following: · Replacement of 30‐Hp submersible pumps with 40‐Hp pumps and associated piping upgrades · Remove and replaced existing wet well with minimum 8’ diameter wet well Building Permit 110 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 · Pipeline connection improvements · Install new MCC, VFDs, and upgrade controls · Upsize the emergency generator · Bypass pumping during construction 111 ITEM NUMBER: 3 DATE: ATTACHMENT: 02/07/2023 5 Attachment 2: Project Design Package DEV21-0066 See following 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187