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HomeMy WebLinkAboutPC Resolution 2023-0014PC RESOLUTION 2023-0014 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A CONDITIONAL USE PERMIT FOR A MIXED-USE DEVELOPMENT AT HE CORNER OF MORRO RD AND CURBARIL AVE MORRO RD / CURBARIL MIXED-USE Z 8, LLC (USE22-0093) WHEREAS, an application has been received from Z8, LLC (8189 San Dimas Rd, Atascadero, CA 93422), Owner and Applicant, to consider a Mixed -Use development; and WHEREAS, the site's current General Plan Land Use Designation is General Commercial (GC); and WHEREAS, the site's current Zoning Designation is Commercial Professional (CP); and WHEREAS, mixed-use development is allowed in the Commercial Professional zoning district with the approval of a Conditional Use Permit; and WHEREAS, the project was reviewed by the Design Review Committee at their regularly scheduled meeting on December 15, 2022; 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 September 19, 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 is a vertical mixed-use development on an existing undeveloped Commercial subdivision. The city of Atascadero General Plan includes policies and programs that encouraged mixed-use development within this zoning district. B. FINDING: The proposed projector use satisfies all applicable provisions of the Zoning Ordinance FACT: The proposed mixed commercial and residential development is consistent with the zoning ordinance with approval of a Conditional Use Permit. The application meets all provisions of the Atascadero Municipal Code or as required by State law for the provision of affordable housing. 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 Curbaril Ave and Morro Rd. Morro Rd is a State highway and is designed to accommodate regional as well as local traffic. The project will utilize existing driveways off Curbaril Ave, reducing traffic conflict potential on Morro Rd. The project site is bordered by commercial, multi -family, and single-family uses. The mixed-use nature of the project is compatible with surrounding uses. 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 occupies a vacant commercial tract at the corner of Curbaril Ave and Morro Rd. The site is surrounded by commercial, multi -family, and single-family uses. The proposed project includes a mixture of small-scale commercial and residential uses that provide a transition between Highway 41 and surrounding single-family uses along Curbaril Ave. 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 development will occupy a vacant commercial infill site adjacent o developed parcels. The project fronts Curbaril Ave and Highway 41. Highway 41 is designed to accommodate both regional and local traffic. Curbaril is designated as a Minor Arterial and is designed to accommodate higher volumes of local traffic. The city's General Plan designates this site for commercial uses with the allowance for residential units above the first floor with approval of a use permit. Higher intensity development is anticipated in this location by the General Plan and Housing Element. 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 project, as proposed and conditioned, is consistent with the city's appearance review manual. As conditioned, the project is also required to be fiscally neutral through annexation into the Citywide CFD, consistent with City Council Policies. 2. Findings for Approval of a Peak Hour Parking Exception FINDING: The characteristics of the proposed uses do not necessitate the total number of parking spaces required by code and that reduced parking will be adequate to accommodate on the site all parking needs generated by the uses. FACT: The site contains a mix of commercial and residential uses which, by their nature, tend to have different peak parking times. As such, a reduction in the number of total combined parking would minimize underutilized paved areas and create a more usable, pedestrian oriented development. SECTION 4. CEQA. The project is exempt from the California Environmental Quality Act (CEQA), under Categorical Exemption § 15332, Class 32; Infill Development. SECTION 5. Approval. The Planning Commission of the City of Atascadero, California, in a regular session assembled on September 19, 2023, resolved to approve a Conditional Use Permit for a mixed-use project (USE22-0093) subject to the following: 1. EXHIBIT A: Conditions of Approval 2. EXHIBIT B: Project Entitlement Package On motion by Commissioner Heath and seconded by Commissioner Schmidt, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Carranza, Heath, Schmidt, Keen van den Eikhof ( ) NOES: None ABSTAIN: None ABSENT: Anderson, Hughes ADOPTED: September 19, 2023 CITY OF ATASCADERO, CA J Iden Eikhof Planning Commission a'' erson Attest: 'T� �. Phil Dunsmore Planning Commission Secretary (2) Attachment 1: Conditions of Approval USE22-0093: Curbaril 1 Morro Mixed -Use Conditions of Approval Timing Responsibility USE22-0093 /Monitoring Curbaril Ave / Morro Rd Mixed -Use BL: Business License PS:Planning Services BS: Building Services GP: Grading Permit FD: Fre Departnent APN 031-161-044, 045, 046, 047, 048, 049, 050, and 051 BP: Building Permit FI: Final Inspection PD: Police Deparanent CE: City Engineer TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA City Attorney Planning Department 1. This approval includes the following entitlements: Ongoing PS a) Master Plan of Development / Conditional Use Permit for a mixed-use commercial and residential development at the north-east corner of Curbaril and Morro Rd. 2. The approval of these entitlements shall become final and Ongoing PS effective for the purposes of issuing building permits at the close of the appeal period. 3. In accordance with the Atascadero Municipal Code Section 9- Ongoing PS 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. 4. The Community Development Director and/or City Engineer BP PS, CE 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. 5. Approval of these entitlements shall be valid for twenty-four (24) BP PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit, or a time extension has been granted consistent with the Atascadero Municipal Code. Once a permit has been issued to vest the project, any project component listed as a conditionally allowed use, at the time building permits are being sought, that has not received building permit within 3 years of the effective date of approval shall require a new application and the previous approval for that use shall be considered null and void. 6. The applicant shall defend, indemnify, and hold harmless the Ongoing 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. 7. All subsequent construction permits shall be consistent with the BP PS, CE Master Plan of Development approved for the project, or as further specified by the conditions herein. I Conditions of Approval Timing Responsibility USE22-0093 /Monitoring Curbaril Ave / Morro Rd Mixed -Use BL: Business License PS: Planning Services BS: Building Services GP: Grading Permit FD: Fire Department APN 031-161-044, 045, 046, 047, 048, 049, 050, and 051 BP: Building Permit FI: Final Inspection PD: Police Department CE: city Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA City Attorney 8. Final design of each phase and project component must be in BP PS substantial conformance with provided Exhibit(s) adopted with this Resolution, and any conditions of approval related to such. Any subsequent building permits issued for the project shall be considered a supplement to the granted entitlement and shall be fully enforced under the provisions of this approval. 9. Phasing; The building at the corner of Morro Rd and Curbaril GP/BP PS Ave (on Lot 1) shall be constructed prior to or concurrent with any other building on-site. The corner building must be finaled prior to or concurrently with any other building on site. All parking lot, access, and drainage improvements shall be completed prior to final of any building. 10. All maintenance costs listed below shall be 100% funded by Ongoing PS, CE the project in perpetuity, except for public facilities that are planned for and currently maintained 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 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) Newly constructed drainage facilities on private property within the proposed project area. f) Landscaped frontages within the right-of-way of all public streets within the defined specific plan boundary. g) On-site sewer and storm drains located outside of the right-of- way. 11. The emergency services and facility maintenance costs listed BP PS below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a Conditions of Approval USE22-0093 Curbaril Ave / Morro Rd Mixed -Use APN 031-161-044, 045, 046, 047, 048, 049, 050, and 051 community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to issuance of any building permit. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to issuance of permits. 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. 12. Affordable Housing: The project is subject to State density Bonus law. In exchange for 1 concession (residential open space) and a density bonus of 17 units, the applicant must deed restrict a total of 8 units at the affordability rates listed below for a minimum of 55 -years, or as otherwise permitted by Government Code Section 65915 — 65918. The affordable housing agreement shall be recorded prior to issuance of any building permit on-site or a separate document may be recorded for each lot prior to issuance of any building permit on that lot. ■ 8 units at the low-income rate 13. Shared parking and access easements are existing on the site based on the previous project subdivision. These easements shall be modified as needed to accommodate the new plan. Easements shall also accommodate shared drainage facilities and shall be modified as necessary. Parking shall not be designated for each use/tenant, except that up to 15 spaces may be reserved for general commercial use only during normal business hours but may not be tenant specific. A deed notification shall be recorded governing the use of shared spaces. Any documents and or easement extent amendments necessary to accommodate this condition and/or the revised project design shall be recorded prior to issuance of any building permit. Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy BP BP Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA City Attorney PS PS, CE 14. Separate covenants shall be recorded governing use and BP PS maintenance responsibilities of each owner/tenant prior to issuance of any building permit. An additional covenant shall be recorded notifying all future property owners that the project is qoverned by a Master Plan of Development and any Conditions of Approval Timing Responsibility USE22-0093 /Monitoring Curbaril Ave / Morro Rd Mixed -Use BL: Business License PS: Planning Services BS: Building Services GP: Grading Permit FD: Fire Department APN 031-161-044, 045, 046, 047, 048, 049, 050, and 051 BP: Building Permit FI: Final Inspection PD: Police Deparment CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney modifications or changes to the appearance, fencing, parking, or amenity areas requires approval by the City. 15. Agreements shall be required to be recorded against each FM, BP PS, CE parcel notifying any residential tenant of the commercial nature of the site to ensure that commercial activities are prioritized and not restricted due to the residential uses on the site. 16. All frontage or on-site trees shall be maintained in a manner that Ongoing PS 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. Should such trees be maintained contrary to this condition, the owner shall be responsible for replacement. 17. A tree protection plan shall be submitted as part of the permit BP PS package for building 1A or for any permit with construction activity within 20 -feet of the dripline of the existing 24" live oak. The plan shall identify the location of any required tree protection fencing and construction related mitigation measures dictated by an 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. 18. A fencing plan shall be included with the building permit. BP PS Fencing within the interior of the project site 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 for ground floor units between the unit and overall project boundary property line. The landscaped areas between buildings shall not be fenced unless necessary for patron seating areas. Wood fencing shall be high quality and shall include a top rail. No dog-eared fencing will be permitted. Any solid perimeter walls shall be a solid material and shall be designed to be compatible with the commercial center. Walls shall be earth toned in color. 19. Evergreen landscaping shall be included along project edges BP PS adjacent to residentially zoned parcels to the greatest extent feasible. Landscape materials shall include trees and shrubs that provide visual screening above the fencetwall line. 20. Frontage landscaping shall include London Plane street trees BP PS at a spacing of 30 -feet on -center, or as approved by the City Engineer. Additional landscaping shall include accent trees and native grasses. Parking lot shade trees shall be Chinese Pistache or tree of similar canopy size. Landscaping throughout the projects shall Conditions of Approval Timing Responsibility USE22-0093 /Monitoring Curbaril Ave /Morro Rd Mixed -Use PS: Planning SenricesBL: Business License BS: Building SeRkes GP: Grading Pemdl FD: Fire Department BP: Building Permit PD: Police Departnent APN 031-161-044, 045, 046, 047, 048, 049, 050, and 051 FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy I CA: City Attomey include drought -tolerant species. All areas not behind residential privacy fencing shall be landscaped with a combination of shrubs, grasses, and groundcovers. Bark mulch shall be provided in all landscaped areas. 21. All trash enclosures shall be constructed of dark color split face BP PS block or similar and shall include high quality solid metal doors. Enclosures shall be designed in accordance with Cal Green requirements. Prior to issuance of any permit, the applicant shall provide verification from Atascadero Waste Management that all waste facilities are designed and sized adequately for the proposed uses. 22. All site lighting shall be shielded, directional, and dark sky BP PS compliant. Festoon lighting shall be permitted within outdoor patron seating areas only. Bollard and/or low level in -ground safety lighting shall be permitted along pedestrian pathways. Parking lot lighting shall include a minimum 2 -inch lens shield or the lens shall be recessed a minimum of 2 -inches into the light housing. Pole lighting shall be dimmed during evening hours with motion detectors installed to maintain safe lighting levels. 23. Signage shall be consistent with project exhibits, with the BP PS following modifications: • Signage must be externally or halo lit and lighting must be off between the hours of 11 pm and 6am. • One monument sign shall be allowed along the Curbaril frontage at the main project entrance. 24. The site shall be maintained in and kept clear of any debris Ongoing PS 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. 25. No gates shall be permitted on any public or private roadway BP ! Ongoing PS or accessway within the project area. 26.. For commercial, industrial, office or multi -family projects, all BP PS 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 landscaoino subiect to aooroval by the Conditions of Approval Timing Responsibility USE22-0093 /Monitoring Curbaril Ave / Morro Rd Mixed -Use BL: Business License PS: Planning Services BS: Building Services GP: Grading Permit FD: Fire Department APN 031-161-044, 045, 046, 047, 048, 049, 050, and 051 BP: Building Permit Fl: Final Inspection PD: Police Department CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA City Attorney Community Development Director or his designee. All fire department connections 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. 27. All existing and/or new roof appurtenances such as air- BP PS 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 designee. Public Works Project Conditions 1. New easements shall be recorded consistent with the revised BP CE/PS development plan and shall include any new shared drainage, access, parking, or trash facilities. Any existing easements shall be modified as necessary to accommodate the revised development plan. The shared access and parking easement shall be extended to include those areas over lot 1 as depicted on the revised development plan. All new and modified easements shall be recorded prior to issuance of any building permit. 2. Street trees shall be provided along all project frontages. All street BP, GP CE tree maintenance shall be the responsibility of the adjacent property owner. Trees shall be maintained in a way that supports to natural growth of the tree and allows the tree to reach its full natural height and width. 3. Applicant shall confirm with all utility purveyors that existing BP CE stubbed utilities extended to the lots of the Tract 2522 are adequate for the proposed uses within the updated project at time of building permit issuance. Any upgrades or replacement of utility laterals shall be included in the building permit application utility plan for the project. 4. At time of building permit application, provide video evidence and BP CE report from a plumber that shared existing sewer lateral is clear and in working order up to manhole in Curbaril Ave. If flushing of existing lateral is required, contact Public Works to coordinate oversight to ensure material does not enter existing sewer main. 5. An encroachment permit shall be obtained prior to any work BP CE within City or Caltrans rights of way, as needed. Conditions of Approval Timing Responsibility USE22-0093 /Monitoring Curbaril Ave / Morro Rd Mixed -Use PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department APN 031-161-044, 045, 046, 047, 048, 049, 050, and 051 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TOr Temporary Occupancy WW: Wastewater Fa. Final Occupancy CAL, City Attorney 6. All public improvements shall be constructed in conformance with the BP, GP CE City of Atascadero Engineering Department Standard Specifications and Drawings, or Caltrans Standards if applicable. 7. The applicant shall be responsible for the relocation and/or alteration BP, GP CE of existing utilities. 8. The applicant shall install all new utilities (water, gas, electric, cable BP, GP CE TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 9. Prior to the final inspection of any public improvements, the applicant BP CE 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. 10. Prior to the issuance of building permits the applicant shall submit a BP, GP CE grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. FIRE DEPARTMENT PROJECT CONDITIONS 11. Internal project and driveways shall meet the City of Atascadero F-7 BP FD standard. 12. A 26 -foot wide fire lane shall be provided no closer than 15 -feet and BP FD no farther than 30 -feet from any building exceeding 30 -feet in height, subject to the approval of the Fire Marshal. This may be accommodated within the parking lot drive aisles. 13. An Atascadero Construction Site Safety Plan is required to be BP FD submitted and approved prior issuance of building permits. 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