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HomeMy WebLinkAboutPC_2024-02-20_AgendaPacket CITY OF ATASCADERO PLANNING COMMISSION AGENDA HYBRID MEETING INFORMATION: The Planning Commission meeting will be available via teleconference for those who wish to participate remotely. The meeting will also be held in the City Council Chambers and in-person attendance will be available at that location. HOW TO OBSERVE THE MEETING REMOTELY: To participate remotely, residents can livestream the meeting on Zoom, The video recording of the meeting will repeat daily on Channel 20 at 1:00 am, 9:00 am, and 6:00 pm and will be available through the City’s website and on the City’s YouTube Channel. To participate remotely using the Zoom platform please visit: https://us02web.zoom.us/j/83250238111 Planning Commission – Meeting ID: 832 5023 8111 (No Passcode Required) HOW TO SUBMIT PUBLIC COMMENT: Public comment may be provided in-person or remotely. Call (669) 900-6833 (Meeting ID: 832 5023 8111) to listen and provide public comment via phone or via the Zoom platform using the link above. Written public comments are accepted at pc-comments@atascadero.org . Comments should identify the Agenda Item Number in the subject line of the email. Such comments will be forwarded to the Planning Commission and made a part of the administrative record. To ensure distribution to the Planning Commission before consideration of an item, please submit comments not later than 12:00 p.m. the day of the meeting. All correspondence will be distributed to the Planning Commission, posted on the City’s website, and be made part of the official public record of the meeting. Please note, comments will not be read into the record. Please be aware that communications sent to the Planning Commission are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under applicable law. Communications will not be edited for redactions and will be printed/posted as submitted. 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/agendas. 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 20, 2024 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 Tori Keen Vice Chairperson Jeff van den Eikhof 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 motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF THE DRAFT MINUTES OF FEBRUARY 6, 2024 • Recommendation: Commission approve the February 6, 2024 Minutes. 2. APPROVAL OF TIME EXTENSION FOR 940 EL CAMINO REAL • Recommendation: Commission approve the Time Extension.(TEX23-0117) City of Atascadero Planning Commission Agenda Regular Meeting February 20, 2024 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. 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 should 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. 3. 9061 PALOMAR AVE The project is a request for Planning Commission to review a proposal for a Conditional Use Permit for a 3,000 SF oversized accessory structure on APN 030- 071-054. (USE22-0084). • CEQA: The project is exempt from the California Environmental Quality Act (CEQA) under Categorical Exemption §15303; Class 3: new construction or conversion of small structures, because it is limited to the discretionary approval of a small accessory structure. • Recommendation: Staff’s recommendation is for the Planning Commission to adopt the Draft Resolution approving a Conditional Use Permit for a detached structure at 9061 Palomar Ave. based on findings and subject to conditions of approval; and take such additional, related, action that may be desirable. 4. 3600, 3610 EL CAMINO REAL The project is a request for Planning Commission to review a proposal for a Conditional Use Permit and associated Lot Line Adjustment allowing the development of a hotel with kitchens in more than 50% of the guestrooms, a height modification, and a parking modification at 3600 & 3610 El Camino Real (APNs 049- 211-058, 059). (USE23-0074/SBDV24-0022) City of Atascadero Planning Commission Agenda Regular Meeting February 20, 2024 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. • CEQA: The project is exempt from the California Environmental Quality Act (CEQA), under §15332 (Class 32: Infill Development Projects) and Categorical Exemption § 15305 (Class 5: Minor Alterations to Land Use Limitations). • Recommendation: Staff recommends Planning Commission adopt the Draft Resolution approving Lot Line Adjustment ATAL 24-0003 and Conditional Use Permit USE23-0074 to allow the development of a hotel with kitchens in more than 50% of the guestrooms, a height modification, and a parking modification at 3600 & 3610 El Camino Real based on findings; and take such additional, related, action that may be desirable. COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The meeting on March 5, 2024, will be cancelled. The next regular meeting will be on March 19, 2024, at City Hall, Council Chambers, 6500 Palma Ave., Atascadero, CA. 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 20, 2024 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. 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 Commission 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 any 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 Community 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. HOW TO SUBMIT PUBLIC COMMENT: If you wish to comment, 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. PC Draft Minutes of 11/8/2023 Page 1 of 5 ITEM NUMBER: 1 DATE: 2-20-24 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, February 6, 2024 – 6:00 P.M. City Hall 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:00 p.m. Chairperson van den Eikhof called the meeting to order at 6:01 p.m. and Commissioner Hughes led the Pledge of Allegiance. ROLL CALL Present: Commissioners Carranza, Heath, Hughes, Schmidt, Vice Chairperson Keen and Chairperson van den Eikhof Absent: Commissioner Anderson Vacant: None Others Present: Annette Manier, Recording Secretary Roxanne Diaz, Assistant City Attorney (via Teleconference) Staff Present: Community Development Director, Phil Dunsmore Planning Manager, Kelly Gleason Senior Planner, Xzandrea Fowler Associate Planner, Erick Gomez Assistant Planner, Sam Mountain APPROVAL OF AGENDA MOTION: By Commissioner Carranza and seconded by Commissioner Heath to approve the Agenda. Motion passed 6:0 by a roll-call vote. (Anderson absent) PUBLIC COMMENT None. Chairperson van den Eikhof closed the Public Comment period. 1 PC Draft Minutes of 11/8/2023 Page 2 of 5 ITEM NUMBER: 1 DATE: 2-20-24 CONSENT CALENDAR 1. APPROVAL OF THE DRAFT MINUTES OF NOVEMBER 8, 2023 • Recommendation: Commission approve the November 8, 2023 Minutes. 2. APPROVAL OF THE 2024 MEETING SCHEDULE • Recommendation: Commission approve the 2024 Meeting Schedule. Commissioners Carranza and Hughes stated that they would be abstaining from the vote since they were absent from the last meeting. MOTION: By Vice Chairperson Keen and seconded by Commissioner Schmidt to approve the Consent Calendar. Motion passed 4:0 by a roll-call vote. (Anderson absent) (Carranza, Hughes abstained) PLANNING COMMISSION BUSINESS PLANNING COMMISSION REORGANIZATION: A. Election of Chairperson and Vice Chairperson The Commission will select a Chairperson and Vice Chairperson. Chairperson van den Eikhof accepted nominations for Chairperson and Vice Chairperson. MOTION: By Commissioner Carranza and seconded by Commissioner Schmidt to nominate Vice Chairperson Keen as Chairperson, and Chairperson van den Eikhof as Vice Chairperson. Commissioners Keen and van den Eikhof accepted the nominations. Motions passed 6:0 by a roll-call vote. (Anderson absent) PUBLIC HEARINGS 3. 3675 MARICOPA ROAD The project is a request for Planning Commission to consider a request for a 3rd accessory structure on APN 054-032-041 (USE23-0105) • CEQA: The project is exempt from the California Environmental Quality Act (CEQA) under Categorical Exemption §15303; Class 3: small structures, 2 PC Draft Minutes of 11/8/2023 Page 3 of 5 ITEM NUMBER: 1 DATE: 2-20-24 because it consists solely of the construction of a small, appurtenant U- occupancy structure. • Recommendation: Staff’s recommendation is for the Planning Commission to adopt the Draft Resolution approving a Conditional Use Permit for a third accessory structure at 3675 Maricopa Road, based on finding(s), and subject to conditions of approval; and take such additional, related action that may be desirable. DISCLOSURE OF EX PARTE COMMUNICATIONS: Commissioner Carranza stated that she drove by the property. Chairperson Keen stated that she looked at the project online. All other Commissioners had no ex parte. Planner Mountain presented the staff report and answered questions from the Commission. PUBLIC COMMENT The following member of the public spoke: Kelly Bilu. Kelly answered questions from the Commission. Chairperson Keen closed the Public Comment period. MOTION: By Commissioner Carranza and seconded by Commissioner Hughes to adopt PC Resolution 2024-0001 approving USE23- 0105 to allow a third accessory structure at 3675 Maricopa Road, on APN 054-032-041, based on findings and subject to conditions of approval. Motion passed 6:0 by a roll-call vote. (Anderson absent) 4. ZONING CODE UPDATE Staff will provide a staff report on updates to Title 9 and Title 3 of the Atascadero Municipal Code (zoning and finance code) to clarify language and increase General Plan consistency. (ZCH22-0053) • CEQA: This Ordinance is exempt from the California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). 3 PC Draft Minutes of 11/8/2023 Page 4 of 5 ITEM NUMBER: 1 DATE: 2-20-24 • Recommendation: Staff recommends Planning Commission adopt the Draft Resolution 2024-xxxx recommending that City Council introduce an ordinance for first reading, by title only, to approve amendments to Titles 3 and 9 of the Atascadero Municipal Code, based on findings; and take such additional, related, action that may be desirable. DISCLOSURE OF EX PARTE COMMUNICATIONS: None. Planner Gleason and Director Dunsmore presented the staff report. Planner Gleason, Planner Mountain, and Director Dunsmore answered questions from the Commission. Planner Gleason noted two suggested changes after publication of the staff report as follows: 1. Change the word “greater” to “less” in section 9-6.106 related to accessory structure size AMC 9-6.106: Residential Accessory Uses (2) Floor Area. The maximum gross floor area of a detached accessory structure is not to exceed one hundred percent (100%) of the gross floor area of the principal structure, up to two thousand (2,000) square feet, whichever is less. 2. Modify definition for Personal Services – Restricted • Personal Services—Restricted. Service Establishments providing the following uses: Service establishments that may have a blighting and/or deteriorating effect upon the surrounding area which may need to be dispersed in order to minimize their adverse impact. Examples of these uses include, but are not limited to, the following: check cashing and/or payday/same day loans; fortunetellers, psychics; palm, tarot and card readers; card rooms, billiard and pool halls as a primary use; and tattoo and body piercing services; and hot tubs and saunas that are not an accessory to a permitted use. PUBLIC COMMENT None Chairperson Keen closed the Public Comment period. MOTION: By Commissioner Hughes and seconded by Vice Chairperson van den Eikhof to adopt PC Resolution 2024-0002 recommending the City Council amend Titles 3: Finance, and Title 9: Planning & Zoning: to provide updates for General Plan and processing consistency and providing clarity related to development standards and land use definitions, and determining this ordinance 4 PC Draft Minutes of 11/8/2023 Page 5 of 5 ITEM NUMBER: 1 DATE: 2-20-24 is exempt from review under the California Environmental Quality Act (ZCH22-0053), with staff’s recommended changes above. Motion passed 6:0 by a roll-call vote. (Anderson absent) COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt stated that our website has changed, but he does have a complaint about some of the forms being in alphabetical order. His suggestion is to have them be available by department instead. Commissioner Carranza gave an update on the mural projects. Chairperson Keen asked about the 10850 El Camino Real project, and Director Dunsmore answered her questions. DIRECTOR’S REPORT Director Dunsmore stated that the next meeting will be on February 20, 2024, and gave an overview on upcoming items. ADJOURNMENT – 7:45 p.m. The next regular meeting will be on February 20, 2024, at City Hall, 6500 Palma Avenue, Atascadero, CA. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant 5 ITEM 2 02/20/2024 Home Depot Center Phase II Time Extension TEX23-0117 / 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 Time Extension TEX 23-0117 940 El Camino Real RECOMMENDATION(S): Staff recommends the Planning Commission adopt a resolution approving a one-year Time Extension (TEX23-0117) until February 2, 2025 for the amended Home Depot Center Master Plan of Development (DEV18-0073) 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 Erick Gomez 470-3436 egomez@atascadero.org APPLICANT Westar Associates (Contact: Connor Best, connor@weststar1.com) 4650 Von Karman Ave, Newport Beach, CA 92660 PROPERTY OWNER Atascadero 101 Associates 4650 Von Karman Ave, Newport Beach, CA 92660 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 6 ITEM 2 02/20/2024 Home Depot Center Phase II Time Extension TEX23-117 / 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 and the entitlement became effective on February 2, 2019. The approved project includes replacing 18,000 square feet of unbuilt retail space with a 4-story, 131-room hotel. The applicant has been granted three, one- year time extensions since the original approval of the project. 7 ITEM 2 02/20/2024 Home Depot Center Phase II Time Extension TEX23-117 / 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 February 2, 2024, unless an additional time extension has been granted, or the Amendment to the Master Plan of Development shall expire. The applicant applied for the fourth time extension on December 12, 2023, to extend the expiration of the entitlement until February 12, 2025. 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. Simulation of the View from Northbound Highway 101 8 ITEM 2 02/20/2024 Home Depot Center Phase II Time Extension TEX23-117 / 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 TEX23-0117, the Planning Commission must make the finding listed below. These findings and the facts to support these findings are included in the attached resolution. Time Extension Findings (AMC Section 9-2.117(b)) Existing Springhill Suites Proposed Hotel Existing Staples 9 ITEM 2 02/20/2024 Home Depot Center Phase II Time Extension TEX23-117 / Westar Associates Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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)). 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)). 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 2022-A 10 ITEM 2 02/20/2024 Home Depot Center Phase II Time Extension TEX23-0117 / 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 ATTACHMENT 1: Conditions of Approval TEX 23-0117 Conditions of Approval Master Plan of Development Hotel 940 El Camino Real DEV18-0073 / TEX21-0105 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. 11 ITEM 2 02/20/2024 Home Depot Center Phase II Time Extension TEX23-117 / Westar Associates Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval Master Plan of Development Hotel 940 El Camino Real DEV18-0073 / TEX21-0105 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. 12 ITEM 2 02/20/2024 Home Depot Center Phase II Time Extension TEX23-117 / Westar Associates Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval Master Plan of Development Hotel 940 El Camino Real DEV18-0073 / TEX21-0105 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. 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. 13 ITEM 2 02/20/2024 Home Depot Center Phase II Time Extension TEX23-117 / Westar Associates Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Draft Resolution TEX 23-0117 DRAFT PC RESOLUTION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION (TEX 23-0117) 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 on behalf of the property owner Atascadero 101 Associates, 4650 Von Karman Ave, Newport Beach, CA 92660, to consider a fourth one-year time extension for an amendment to the Home Depot Center Master Plan of Development (DEV18-0073) to allow a hotel where two retail buildings were previously approved. (APN 049-045-033, 049-045-034); and WHEREAS, the Planning Commission approved the amended Home Depot Center Master Plan of Development (DEV18-0073) on January 15, 2019 and the entitlement became effective on February 2, 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 February 2, 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 February 2, 2023; and WHEREAS, the applicant was granted a one-year administrative time extension on February 7, 2023, extending the expiration date of the entitlement to February 2, 2024; and WHEREAS, the applicant has requested a fourth one-year time extension for the amended Home Depot Center Master Plan of Development (DEV18-0073) to allow a hotel where two retail buildings were previously approved, consistent with Atascadero Municipal Code Section 9-2.117; and NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1. Recitals. The Planning Commission finds that the above recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, in a regular session assembled on February 20, 2024, considered testimony and reports from staff, the 14 ITEM 2 02/20/2024 Home Depot Center Phase II Time Extension TEX23-117 / Westar Associates Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero applicants, and the public related to said application. SECTION 3. 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. Fact: 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 measures are to be completed in addition to all applicable zoning requirements and General Plan requirements. 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. Fact: 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. SECTION 2. Approval. The Planning Commission of the City of Atascadero, California in a regular session assembled on February 20, 2024, resolved to approve a one-year time extension of the amendment to the Master Plan of Development (DEV18-0073), to extend the expiration date to February 2, 2025. 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 ______________________________ Tori Keen Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore, Planning Commission Secretary 15 ITEM 3 | 02/20/2024 Palomar Oversized Accessory Structure USE22-0084 / McMillin 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 Oversized Accessory Structure 9061 Palomar Road / USE22-0084 RECOMMENDATION(S): Staff Recommends: The Planning Commission adopt Draft PC Resolution, approving minor Conditional Use Permit USE22-0084 for an oversized accessory structure, subject to findings and conditions of approval, and take such additional, related, action that may be desirable. Project Info In-Brief: PROJECT ADDRESS: 9061 Palomar Avenue Atascadero, CA APN 030-071-054 PROJECT PLANNER Sam Mountain Assistant Planner 470-3404 smountain@atascadero.org PROPERTY OWNER Dean and Kristy McMillin GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Single-family Residential Y (SFR-Y) Residential Single-family Y (RSF-Y) 1.23 acres Single-Family Residence Oversized Accessory Structure ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☒ Categorical Exemption CEQA – Guidelines Section 15303 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 16 ITEM 3 | 02/20/2024 Palomar Oversized Accessory Structure USE22-0084 / McMillin 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: RSF-Y RSF-Y RSF-Y RSF-Y, RSF-X Summary: The applicant proposes to legalize a 3,000 square-foot (60’ x 50’) metal structure that includes two 1,000 square-foot (20’ x 50’) RV storage garage bays and one 1,000 square- foot (20’ x 50’) accessory dwelling unit (ADU). Due to State law requiring ministerial review of ADUs, this Conditional Use Permit application solely pertains to the oversized garage, and the ADU itself may be legalized through an as-built building permit. This structure was originally brought to the City’s attention following a complaint from a neighbor, and a stop work order was subsequently issued by the Building Department. An application for a Conditional Use Permit was filed in September of 2022, and has been reviewed by all pertinent staff for completeness. The property is located on a flag lot with access provided through the adjacent parcel fronting Palomar Ave. The structure is located towards the northwest corner of the property, 10 feet from the side property line and 15 feet from the rear property line. The building is approximately 22-feet tall with interior walls separating each of the three interior spaces, two rollup doors, three pedestrian doors, and four windows for the ADU. The Proposed RV storage and ADU RSF-Y Existing Residence RSF-X 17 ITEM 3 | 02/20/2024 Palomar Oversized Accessory Structure USE22-0084 / McMillin Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero applicant is proposing a slate gray roof and tan stucco siding to match the existing residence. Analysis: Code Standards: In accordance with the Atascadero Municipal Code (AMC), the maximum allowed building height is 30-feet (AMC 9.4.113(a)). At 22’ 10.5”, this structure meets the height limit requirement for the RSF-Y zoning district. All development in this district must also adhere to the following setback distances (AMC 9.4.106-108): • Front Setback: Twenty-five (25) feet • Side Setback: Five (5) feet • Rear Setback: Ten (10) feet At the time this project was submitted to the city, the Municipal Code did not prescribe a maximum floor area for unconditioned space attached to an ADU, and instead deferred to residential accessory structure standards. These standards required that any accessory structure with a floor area greater than 50% of that of the primary residence receive Conditional Use Permit approval. This application has been processed under these standards based on the submittal date. The primary residence is 2,206 SF and the proposed accessory structure (not including the ADU) is 2000 SF, thus, the structure exceeds the 50% standard and must be approved with a use permit. The Planning Commission must make findings to approve a use permit, the most applicable for this project being neighborhood compatibility. Neighborhood Compatibility: The topography of the site allows the structure to be below residences along Junipero Avenue to the north. Existing trees and structures provide adequate screening of the structure from these adjacent residences, and topography screens the structure entirely from the public right-of-way to the south. The applicant has constructed the building to be compatible with colors and materials of the primary residence. There is existing landscaping between the structure and the residence to the immediate west. ENVIRONMENTAL DETERMINATION: The proposed project is Categorically Exempt (Class 3) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15303, because it is limited to new construction of an accessory structure. 18 ITEM 3 | 02/20/2024 Palomar Oversized Accessory Structure USE22-0084 / McMillin Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero FINDINGS: To approve the Conditional Use Permit, the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached draft resolution. Conditional Use Permit (AMC Section 9-2.110(b)(3)(iv) 1. The proposed project or use is consistent with the General Plan: 2. The proposed project or use satisfies all applicable provisions of this title; 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; 4. That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the land use element; and 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 PC Resolution 2. Site Photos 19 ITEM 3 | 02/20/2024 Palomar Oversized Accessory Structure USE22-0084 / McMillin 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 ATTACHMENT 1: Draft Resolution USE22-0084 DRAFT PC RESOLUTION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A MINOR CONDITIONAL USE PERMIT (USE22-0084) TO ALLOW THE CONSTRUCTION OF AN OVERSIZED ACCESSORY STRUCTURE ON APN 030-071-054 9061 PALOMAR AVENUE MCMILLIN WHEREAS, an application was received from Dean and Kristy McMillin, 9061 Palomar Avenue, Atascadero, CA 93422, (owner and applicant) for a Minor Conditional Use Permit to construct an oversized accessory structure; and WHEREAS, the site has a General Plan Designation of Single-family Residential Y (SFR- Y); and WHEREAS, the property is in the Residential Single-family Y (RSF-Y) zoning district; and WHEREAS, on the date that the project was submitted, detached residential accessory structures with a floor area in excess of fifty percent (50%) of the primary residence were subject to the approval of a Minor Conditional Use Permit; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Minor Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit; and NOW THEREFORE, the Planning Commission of the City of Atascadero, California, takes the following actions: SECTION 1. Recitals. The above recitals are true and correct. 20 ITEM 3 | 02/20/2024 Palomar Oversized Accessory Structure USE22-0084 / McMillin Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, in a regular session assembled on February 20, 2024, considered testimony and reports from staff, the applicants, and the public related to said application. SECTION 3. CEQA. The proposed project is Categorically Exempt (Class 3) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15303, because it solely involves the construction of an appurtenant garage structure. SECTION 4. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan; and Fact: Detached accessory structures are consistent with the Single-Family Residential land use designation of the General Plan. Land Use, Open Space and Conservation Element Program 1.1.6 requires the size, use and appearance of accessory structures in the residential zoning districts to be compatible with the surrounding neighborhood. The structure is largely screened from adjacent properties, and the colors and materials shown on plans are designed to be cohesive with the existing residence on the property. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance; and Fact: As proposed, the project will meet the property’s setback, height, and other site design requirements. The use of the structure will be limited to uses permitted by the Zoning Ordinance. The project, with Planning Commission approval of this Conditional Use Permit, satisfies all applicable provisions of the Zoning Ordinance related to residential accessory structures at the time the project was submitted. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and Fact: The accessory structure will be used for the storage of personal vehicles and household supplies. This is a typical use in residential single-family neighborhoods. The proposed structure is constructed to meet the standards of the building code and has been approved by all departments, including Building and Fire. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and 21 ITEM 3 | 02/20/2024 Palomar Oversized Accessory Structure USE22-0084 / McMillin Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Fact: The view of the structure will be partially screened by landscaping from the north and fully screened by topography from the south. The design will fit in with the character and architectural styles of the surrounding neighborhood and existing home. The project also includes a condition that the color palette shall be neutral to match the property’s semirural surroundings. 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the land use element; and Fact: The addition of a residential accessory structure will not contribute additional traffic in the neighborhood. The use of the structure will be similar to uses currently onsite. While an ADU is attached to the structure and may contribute additional trips, it is not a part of this entitlement per State law. 6. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; and Fact: Detached accessory structures are permitted in the residential districts. The proposed structure, with staff recommended conditions, is compliant with all related zoning codes and plans at the time of submittal. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 20, 2024, resolved to approve Minor Conditional Use Permit USE21-0034, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Project Design Package 22 ITEM 3 | 02/20/2024 Palomar Oversized Accessory Structure USE22-0084 / McMillin Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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: ( ) ABSENT: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Tori Keen Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 23 ITEM 3 | 02/20/2024 Palomar Oversized Accessory Structure USE22-0084 / McMillin 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 EXHIBIT A: Conditions of Approval USE 22-0084 Conditions of Approval 9061 Palomar Avenue USE22-0084 Timing BL: Business License GP: Grading Permit BP: Building Permit 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 WW: Wastewater CA: City Attorney Planning Services Conditions 1. This Conditional Use Permit shall allow a 2000 square-foot accessory structure attached to an ADU at 9061 Palomar Avenue, APN 030- 071-054, as described in the attached Exhibits. Ongoing PS 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 to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Ongoing PS 3. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan 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 approved Conditional Use Permit. BP PS, BS, CE 4. Approval of this Conditional Use Permit 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 building permit and started construction on the project. BP PS 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the construction or use of the detached accessory structure. Ongoing CA 6. The accessory structure shall be finished in neutral colors to complement the existing home and structures on adjacent properties. BP PS 7. The accessory structure shall be used for the storage of personal vehicles and household goods, and shall not be used for home occupation purposes unless approved by the Community Development Department. Ongoing PS, CE 24 ITEM 3 | 02/20/2024 Palomar Oversized Accessory Structure USE22-0084 / McMillin 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 EXHIBIT B: Project Design Package USE22-0084 25 ITEM 3 | 02/20/2024 Palomar Oversized Accessory Structure USE22-0084 / McMillin 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 South East 26 ITEM 3 | 02/20/2024 Palomar Oversized Accessory Structure USE22-0084 / McMillin Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero North West 27 ITEM 3 | 02/20/2024 Palomar Oversized Accessory Structure USE22-0084 / McMillin 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 ATTACHMENT 2: Site Photos USE22-0084 28 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 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 SBDV24-0022 & USE 23-0074 Sky Hotels, Inc Lot Line Adjustment and Hotel 3600 & 3610 El Camino Real RECOMMENDATION(S): Planning Commission adopt Draft PC Resolution approving Lot Line Adjustment ATAL24- 0003 (SBDV24-0022) and Conditional Use Permit USE23-0074 allowing the development of a hotel with a height and parking modification, subject to findings and conditions of approval. Project Info In-Brief: PROJECT ADDRESS: 3600 & 3610 El Camino Real Atascadero, CA APN 049-211-058 and 049-211-059 PROJECT PLANNER Erick Gomez (805) 470-3436 egomez@atascadero.org APPLICANT & PROPERTY OWNER Sky Hotels, Inc. (ATT: Nick Patel), 309 Prosperity Blvd., Chowchilla, CA 93610 GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE General Commercial Commercial Retail (CR) 3.52-acres Hotel / Meeting Hall Hotel ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☒ Categorical Exemption CEQA – Guidelines Section 15305 and 15332 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 29 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero REPORT IN BRIEF: Sky Hotels, Inc requests approval of a Lot Line Adjustment and a Conditional Use Permit to allow the development of a 113-room hotel with cooking facilities in all rooms. The approval will include a height waiver to allow a maximum building height 49’-3” and parking modification to allow a parking reduction of approximately 10% for a total of 190 parking spaces. The proposed development will include improvements and upgrades to existing onsite landscaping and parking areas. Access to the site will continue to occur from El Camino Real via shared driveways and access easements. The project site is composed of two legal lots (Assessor Parcel Numbers 049-211-058 and 049-211-059) totaling 3.52-acres that are presently developed with a 76-room hotel, pool facilities, a meeting hall, and a tennis court. The meeting hall and tennis court will be demolished for the construction of the new hotel building. The project is eligible for a Class 5 (Minor Alterations in Land Use Limitations) and Class 32 Exemption (Infill Development) from environmental review requirements of the California Environmental Quality Act. DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial / Surrounding North: South: East: West: General Commercial Single-Family Residential, General Commercial and multifamily beyond El Camino Real, Single Family Residential Family beyond Highway 101, Single-Family Residential beyond Project History The project site consists of two legal lots that were approved and recorded under Parcel Map AT 85-179 in 1985. The project site is presently developed with a hotel complex with a pool, tennis court, and meeting hall that were originally permitted Conditional Use Permit Number 21-84, 9-85, and 6-86, and subsequently constructed in 1986. RSF-Y CR CPK RS 30 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero On November 28, 2023, the City Council approved Ordinance 669 at the request of the Applicant which revised the municipal code to allow hotels to provide guest rooms with full kitchens in up to 100% of their guest rooms provided that they comply with applicable standards and receive use permit approval. The changes were requested in anticipation of the proposed project. Summary The applicant proposes to construct a four-story, 113 room hotel on 3.52-acre project site zoned Commercial Retail (CR) that is presently developed with 76-room hotel building, pool, meeting hall, and tennis court that is part of the adjacent Kenedy Club Fitness use. The existing meeting hall and tennis court will be demolished for the construction of the new hotel building. Access, parking, and hotel amenities will be shared by both hotels and ensured through establishment of reciprocal easements. Earthwork for the new hotel will include grading quantities of approximately 13,200 cubic yards of cut, 600 cubic yards of fill, and 12,600 cubic yards of export, as well as the installation of approximately 643 LF of retaining walls. A Lot Line Adjustment is sought concurrently to adjust the boundary of the flag lot and accommodate the building footprint of the proposed hotel. The project site is composed of two legal lots: a 2.07-acre lot fronting El Camino Real developed with the existing hotel building and pool facilities, and a 1.45-acre flag lot developed with the associated meeting hall and tennis court. A Conditional Use Permit is sought to allow the following project components: • Kitchens in all 113 guestrooms • A maximum building height of 49’-3”, in excess of the 35’ height limit prescribed by the Commercial Retail zone • A parking reduction of approximately 10% to allow both hotels to operate with a total of 190 shared, off-street parking spaces instead of the 211 spaces required by City zoning regulations. Analysis Lot Line Adjustment The Municipal code states that Lot Line Adjustments must be approved upon determination by the City Engineer that the following is true: 1) The lots were legally created; 2) The proposed lot configuration complies with City zoning requirements, including minimum lot sizes for the zone; and 3) No new lots will be created because of the lot line adjustment. 31 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Staff has determined that all three of these criteria are met by the project. The project site is composed of two legally created lots that were recorded under Parcel Map AT 85-179 in 1985 as a flag lot subdivision. The proposed Lot Line Adjustment will adjust the shared property line effectively undoing the flag lot configuration and resulting in one interior lot and one lot fronting El Camino Real. No additional parcels will be created. Finally, the proposed lot configuration complies with the 0.5-acre minimum parcel size of the CR zoning district. Reciprocal access, parking, and utility easements will be recorded to ensure that the property can be adequately served and developed. Extended Stay Hotels Hotels without cooking facilities in their guest rooms are an allowed use in the Commercial Retail zone. However, a Conditional Use Permit is required for hotels when more than 50% of the guest rooms will contain cooking facilities. The Planning Commission must make the following findings to approve the Conditional Use Permit: 1) The project is designed consistent with the standards of the Atascadero Municipal Code and provides amenities consistent with a tourist serving use; and 2) The project is in an area that supports tourist serving activities. These findings are met and discussed in the attached draft resolution. The project site is located along El Camino Real directly adjacent to the highway 101 corridor. Amenities will be shared with the newly remodeled Fairfield Inn fronting El Camino Real. The property owner will additionally be conditioned to record a deed restriction prohibiting detailing the nature of the commercial use and prohibiting the use of the hotel guestrooms as dwelling units. Building Design The applicant is proposing a neutral design palette with undulating vertical wall planes and flat roof at a variety of heights to break up the building mass. The proposal includes light to medium tan colored elements with stone along a portion of the base for added texture. The freeway facing elevation (west) is approximately 216 feet in length with a parking and access aisle located between the building and the freeway. The proposed plan allows for a minimum of 4.5-feet and a maximum of 35-feet of landscape space between the freeway and parking area. The site includes an existing grade change that will result in a 3-story appearance along the south elevation, facing an existing single- family residence, with a 4-story appearance along all other facades, including Highway 101. The maximum building height allowed in the CR zone is 35 feet. The proposed hotel building is 49’-3” at its highest point. Atascadero Municipal Code (AMC) 9-4.113 allows a height modification to be approved with a Conditional Use Permit, provided that the Planning Commission finds the following to be true: 1) The project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties. 32 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 2) The modified height will not exceed the lifesaving equipment capabilities of the Fire Department. These findings are met and discussed in the attached draft resolution. The Design Review Committee (DRC) reviewed the project on August 10, 2023, and recommended approval of the design with minor recommendations to improve the project appearance. Their recommendations have been incorporated as conditions of approval and include utilizing a darker stone veneer for all building facades, making the port cochere feature on the west elevation more prominent, adding trellis and awning shade elements to the building facades with a focus on the west elevations, and minor changes to the landscape plan and plant palette. The DRC also recommended approval of the height modification. Access and Parking The project site will continue to be accessed from El Camino Real via existing driveway entries. Parking for the hotel complex will be shared across both parcels. A blanket easement(s) for access, appurtenant amenities, drainage, utilities, and parking will be established prior to building permit issuance. The City Municipal Code requires that hotel uses provide off-street parking consistent with the following standard: 2 Spaces + 1 Space per room + 1 Space of for every 10 rooms The existing and proposed hotels will have an aggregate of 189 rooms which require a total of 212 parking spaces. Currently, the project proposes 152 spaces on-site and 38 spaces on the adjacent Colony Business Park development through a proposed shared parking agreement, for a total of 190 parking spaces. The Municipal Code allows the Planning Commission to approve a parking modification allowing parking space quantities below the minimum parking requirement with a Conditional Use Permit if they find the following to be true: 1) The characteristics of the use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by the standard ratios listed in the municipal code. 2) The reduced parking will be adequate to accommodate on the site all parking needs generated by the hotels. These findings are met and discussed in the attached draft resolution. The applicant team has also provided statements based on their experience that the parking proposed is adequate to meet the needs of staff and guests based on standard occupancy rates. Condition language is included requiring a parking agreement prior to Building Permit issuance to ensure the availability of these spaces for the life of the project. The parking 33 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero spaces identified for hotel use are directly adjacent to the project site and a pedestrian path will link the parking stalls to the hotel site. Landscape Atascadero Municipal Code (AMC) section 9-4.119 requires a minimum of 10% of the interior of parking lots to be landscaped. Shade trees are to be provided at approximately 30-foot intervals along parking rows and landscape fingers should be provided at every 8 parking spaces. AMC 9-4.125 requires landscaping in required setbacks and unused areas. Additionally, the trash enclosure should be screened by landscaping. The code also requires that street trees be planted along public street frontages. Since the site is already developed, trees along El Camino Real have already been established. A preliminary landscape plan is included in the project plans which depicts a heavy use of nonnative plants with trees concentrated in the areas directly adjacent to the new hotel building and along parking area that runs parallel the northern property line. A final landscape plan consistent with City landscaping requirements will be required prior to Building Permit issuance. Conditions are incorporated to provide an improved plant palette with native and locally appropriate species, a widened landscape strip along the southern property line, and additional screening of the trash enclosure. Conditions also require updated parking lot shade trees throughout the existing developed areas of the site. Signage The proposal includes two wall-mounted signs toward the top of the new building: one facing the freeway and one facing North. The signs are proposed to be white, single channel letters, consistent with the proposed muted building tones. Each sign is proposed at approximately 30 square-feet. There is an existing freeway-oriented pole sign and monument sign along the El Camino Real frontage. The freeway-oriented sign shall be relocated as part of this project. Both signs will be modified to include the name of both hotels. The applicants are also proposing a new monument sign along the El Camino Real frontage solely for the new Residence Inn. A sign permit will be required in advance of sign installation. ENVIRONMENTAL DETERMINATION: The project qualifies for a Class 5 and a Class 32 Exemption from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15332, because it meets all required conditions to be considered in-fill development. FINDINGS: Planning Commission may approve SBDV24-0024 and USE23-0074 subject to the findings listed below. These findings and the facts to support these findings are included in the attached resolution. 34 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditional Use Permit (AMC Section 9-2.110(b).(3).(iv)) 1. The proposed project or use is consistent with the General Plan. 2. The proposed project or use satisfies all applicable provisions of this title. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the land use element. 6. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. 7. Any additional findings deemed necessary. Hotels with kitchens in more than 50% of the rooms (AMC Section 9-6.185(c)): 8. The project is designed consistent with the standards of the Atascadero Municipal Code and provides amenities consistent with a tourist serving use. 9. The project is in an area that supports tourist serving activities. Height Modification (AMC Section 9-4.113(b).1): 10. The project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties. 11. That the modified height will not exceed the lifesaving equipment capabilities of the Fire Department. Parking Modification (AMC Section 9-4.115(h)): 35 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 12. The characteristics of a use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by this title. 13. The reduced parking will be adequate to accommodate on the site all parking needs generated by the use. 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. Site Photos 36 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 ATTACHMENT 1: Draft Resolution SBDV24-0022 & USE 23-0072 DRAFT PC RESOLUTION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT ATAL 24-0003 (SBDV24-0022) AND CONDITIONAL USE PERMIT USE23-0074 TO ALLOW ROOMS WITH COOKING FACILITIES IN A PROPOSED HOTEL, A HEIGHT MODIFICATION, AND PARKING MODIFICATION SKY HOTEL, INC 3600 & 3610 El Camino Real APN 041-211-058 & 041-211-059 WHEREAS, an application has been received from Sky Hotels, Inc., (309 Prosperity Blvd., Chowchilla, CA 93610), Applicant and Owner, to consider a Lot Line Adjustment ATAL 24-0003 (SBDV24-0022) and Conditional Use Permit (USE 23-0074) to allow the development of an extended stay hotel with a height modification and parking modification located at 3600 & 3610 El Camino Real (Assessor Parcel Nos. 041-211-058 & 041-211-059); and WHEREAS, the site’s General Plan Designation is General Commercial (GC); and WHEREAS, the site’s Zoning is Commercial Retail (CR); and WHEREAS, the City Engineer has determined the original subject parcels were legally created, that the parcels resulting from the proposed lot line adjustment will conform to the City’s zoning ordinance and building regulations, and that the lot line adjustment will not result in a greater number of parcels; and WHEREAS, the proposed project qualifies for a Categorical Exemption consistent with CEQA section 15305 (Minor Alterations in Land Use Limitations) and Section 15332 (Infill Development); 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 Conditional Use Permit and Lot Line Adjustment application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit and Lot Line Adjustment; and 37 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 NOW THEREFORE, BE IT RESOLVED, the Planning Commission of the City of Atascadero, California, takes the following actions: SECTION 1. Recitals. The Planning Commission finds that the above recitals are true and correct and are incorporated herein as substantive findings of this Resolution SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, in a regular session assembled on February 20, 2024, considered testimony and reports from staff, the applicants, and the public related to said application. SECTION 3. CEQA. The Planning Commission finds that the project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15305 (Minor Alterations in Land Use Limitations) and Section 15332 (In-fill Development) exemptions of the CEQA Guidelines and in accordance with the attached Notice of Exemption dated 02/05/2024. SECTION 4. Project Findings. The Planning Commission finds as follows: Conditional Use Permit: 1. The proposed use is consistent with the General Plan. Fact: The Project is consistent with all applicable General Plan goals and policies. The project site has a General Commercial land use designation which encourages the development of tourist serving uses and maximization of underutilized land along the El Camino Real commercial corridor. 2. The proposed project satisfies all applicable provisions of Title 9 of City of Atascadero Municipal Code (Zoning Regulations of the City of Atascadero). Fact: The Project will satisfy all provisions of the Atascadero Municipal Code Title 9 of City of Atascadero Municipal Code. The project site is zoned Commercial Retail which allows hotel uses with kitchens in over 50% of guestrooms subject to the approval of a Conditional Use Permit. Height and parking modifications as proposed in the Project are also permissible subject to the approval of a Conditional Use Permit. The use, as well as the general project location and design appear consistent with development standards prescribed by the municipal code. Consistency with specific construction and design standards shall be conditioned and confirmed during the building permit and inspection processes. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the 38 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 use. Fact: The Project is not detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, nor is it detrimental or injurious to property or improvements in the vicinity of the use. 4. That the proposed project will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Fact: The project is consistent character of the immediate neighborhood and aligned with its orderly development. The properties directly north and south of the project site along El Camino Real are zoned for Commercial Retail purposes. Commercial uses are expected to be established, continued, and expanded as development continues throughout the El Camino Real commercial corridor. The construction of a new hotel is considered appropriate for both the zone and the project site where an existing hotel has operated since the 1980s. 5. That the proposed project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Fact: Traffic generated by the Project will not exceed the road capacities of the General Plan. The General Plan assumes full build out of underutilized commercial properties on El Camino Real including that of the subject property. 6. 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 is not subject to any pertinent City policy or criteria adopted by ordinance or resolution of the City Council which has not otherwise been codified and incorporated the municipal code. Hotels with kitchens in more than 50% of the rooms: 7. The project is designed consistent with the standards of the Atascadero Municipal Code and provides amenities consistent with a tourist serving use. Fact: Staff has reviewed the project and confirmed that the project, as conditioned, will be consistent with the standards of the Atascadero Municipal Code. The project will provide dining areas, a gym, and small market for guests. The existing onsite pool facilities will be shared with the existing hotel. 8. The project is in an area that supports tourist serving activities. 39 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Fact: The 3.52-acreproject site is in the commercial retail zone and is already developed with a hotel and associated amenities. The addition of another hotel building will be facilitated by the existing access and utility infrastructure on the lot. The location of the project on the El Camino Real commercial corridor in proximity to existing and future commercial development (retail and services) is appropriate for a use defined by its transient/tourist population. Height Modification 9. The project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties. Fact: The project site shares its northern and southern boundaries with two privately owned properties zoned Commercial Retail. The adjoining property to the north is developed with a gym and professional office / retail tenant spaces which is considered a compatible neighboring use for the proposed hotel development. The adjoining property to the south is presently developed with a Single-family Residence which considered to be nonconforming and underutilized based on the allowances and expectations of the zone. Conditions to increase landscaping around the southern boundary, and development standards to prevent light pollution will ensure ongoing compatibility with any neighboring uses. 10. That the modified height will not exceed the lifesaving equipment capabilities of the Fire Department. Fact: The Atascadero Emergency Fire Department has reviewed the proposed project and determined that based on building placement including setbacks, location of turnouts and fire lanes, that the proposed project will not exceed the lifesaving equipment capabilities of the Department. Parking Modification 11. The characteristics of a use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by this title. Fact: The Project does not necessitate the number typically required for the use because it will be part of a larger hotel complex with shared parking areas sufficient to adequately serve both hotels assuming standard occupancy rates and high vehicle- turnovers associated with hotel uses. 12. The reduced parking will be adequate to accommodate on the site all parking needs generated by the use. 40 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Fact: The City Municipal Code describes hotels uses as having high lot parking turnover when accounting for the transient nature of the guests and based on the assumption that hotels do not generally achieve maximum occupancy. Additionally, on-street parking is currently available along the project frontage, except for immediately adjacent to the driveway to main adequate sight distance. Given this context, the proposed 10% reduction to the parking is not expected to affect the overall adequacy of availability of off-street parking for the project. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 20, 2024, resolved to approve a Lot Line Adjustment ATAL 24- 0003 (SBDV24-0022) and a Conditional Use Permit (USE23-0074) subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Project Plans EXHIBIT C: Notice of Exemption 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: ( ) ABSENT: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Tori Keen Planning Commission Chairperson ATTEST: ___________________________________ 41 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Exhibit A: Conditions of Approval USE 23-0074 Conditions of Approval / Mitigation Monitoring Program Sky Hotel, Inc. Lot Line Adjustment & Hotel SBDV24-0022 & USE23-0074 3600 & 3610 El Camino Real (APN 041-211-058 & 041-211- 059) Timing BL: Business License GP: Grading Permit BP: Building Permit 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 WW: Wastewater CA: City Attorney Planning Services Conditions 1. Approval of Lot Line Adjustment and Conditional Use Permit as depicted and described on the attached exhibits allows for the following development at 3600 & 3610 El Camino Real (APNs 049-211-058 & 049-211- 059): a. Adjustment to boundaries of Lots 1 and 2 of Parcel Map AT 85-179 (LLA 2003-0004) b. A hotel with kitchens in all guestrooms c. A height adjustment to allow a maximum building height of 49’-3” d. A parking modification reducing parking requirements to a total of 190 off-street parking space. The approval of these entitlements project runs with the land, regardless of the owner. Ongoing PS 2. The approval of this Conditional 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 to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Ongoing PS 3. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, and/or (2) result in a superior site design or appearance. BL PS, BS, CE 4. Approval of this Conditional Use Permit 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 building permit. If the use is established and becomes vacant, establishment of a similar use shall be done in accordance with the City’s non-conforming use code. BL PS 42 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Conditions of Approval / Mitigation Monitoring Program Sky Hotel, Inc. Lot Line Adjustment & Hotel SBDV24-0022 & USE23-0074 3600 & 3610 El Camino Real (APN 041-211-058 & 041-211- 059) Timing BL: Business License GP: Grading Permit BP: Building Permit 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 WW: Wastewater CA: City Attorney 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning this conditional use permit. Ongoing CA 6. Elevations shall substantially conform with what is shown in Exhibit B, unless otherwise required by these conditions of approval. Ongoing PS 7. The project is approved with a 10% parking reduction to allow 152 parking spaces on site and 38 parking spaces off-site on the adjacent Colony Business Park parcel (APN 049-213-031). A shared parking agreement for the 38 off-site spaces shall be entered into by the Owners of the project site and the owners of the Colony Business Park property. The document shall be recorded prior acceptance of any building or grading permit application. The document(s) shall be drafted to the satisfaction of the Community Development Director, and shall include: a. A description and a depiction of the driveways, isles, and parking areas in question (including location and quantity. b. Provisions for the allowance for vehicular ingress and egress utilizing the commercial driveways on the Colony Business Park Parcel. c. Provisions for allowance for parking for hotel employees and guests on the 38 shared parking spaces . d. Provisions for the allowance for pedestrian access across the shared property lines with for the Colony Business Park Parcel. e. Provisions for installation of any required improvements and ongoing maintenance of the areas subject to the agreement, including landscape features and walkways. f. A statement that the agreement/easement shall run with the land regardless of property owners for the life of the project. Prior to Building Permit Application PS 8. Any private agreements, easements, leases, or other legal instruments encumbering the subject property BP PS 43 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Conditions of Approval / Mitigation Monitoring Program Sky Hotel, Inc. Lot Line Adjustment & Hotel SBDV24-0022 & USE23-0074 3600 & 3610 El Camino Real (APN 041-211-058 & 041-211- 059) Timing BL: Business License GP: Grading Permit BP: Building Permit 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 WW: Wastewater CA: City Attorney and/or conflicting with the development of the proposed hotel, demolition of the existing gym facilities, or use of shared parking area shall be formally rescinded, released, terminated, and/or otherwise rendered null-and-void. This includes any documents authorizing the ongoing use of the Kennedy Fitness sports court on the project site and use of the onsite parking for members or guests of the Kennedy Fitness center or associated programming. An updated Preliminary Title Report and a written confirmation from the project ownership that any such agreements have been terminated shall be required prior to building permit issuance. 9. A final landscape and irrigation plan consistent with all local and State requirements shall be approved by the City prior to the issuance of building permits. The final landscape plan shall: a. Incorporate shade trees into the landscape fingers and at approximately thirty (30) foot intervals along parking rows. b. Include a revised plant palette with a drought tolerant plant selection that is more appropriate for the local climate and includes native specimens. c. Depict a pedestrian walking path connecting the shared parking area on APN 049-213-031. d. Freeway adjacent landscaping shall include a variety of native species including oaks, flannel bush, and ceanothus, or similar. Landscaping within the narrow setback shall include native grasses, including deer grass if not in conflict with the drainage swale. e. All landscaping both APNs 049-211-058 & 049-211- 059 shall be restored as necessary to comply with landscaping requirements of the municipal code. f. Incorporate any additional screening elements as required per City Code. g. The parking stalls along the southern property line shall be reduced to a minimum 15’ length and the adjacent landscape strip shall be widened to a minimum 5’ width to allow for planting of shade BP PS 44 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Conditions of Approval / Mitigation Monitoring Program Sky Hotel, Inc. Lot Line Adjustment & Hotel SBDV24-0022 & USE23-0074 3600 & 3610 El Camino Real (APN 041-211-058 & 041-211- 059) Timing BL: Business License GP: Grading Permit BP: Building Permit 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 WW: Wastewater CA: City Attorney trees. The required changes shall be reflected in the construction plans prior to Building Permit issuance 10. A landscaped pedestrian connection shall be constructed between the shared parking area on APN 049-213-031 and the proposed hotel and shall utilize shielded bollard lighting. The pedestrian connection shall be depicted and detailed in the construction plans prior to issuance of building permits. BP PS 11. A reciprocal blanket easement and maintenance agreement for the purposes of access, drainage, parking, utilities, shared site amenities (e.g., landscaping, trash, mail, etc.), and related maintenance shall be drafted to the satisfaction of the Community Development Director. The easement shall be recorded with the County prior to the issuance of Building Permits. BP PS 12. The applicant shall provide construction plans detailing the location and style of all exterior lighting prior to issuance of building permits. Site lighting shall be shielded, directional, and dark sky compliant. Shielded 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. Parking lot lighting shall have a maximum height of 12’ and shall be dimmable and on motion sensors with lighting dimmed except when activated between the hours of 10pm and 7am. BP PS 13. Revised architectural plans architectural plans and a color and materials board shall be approved prior to the issuance of building permits. The revised the architectural plans and materials board shall include the following changes: a. The neutral stone veneer shall be replaced with brick or darker stone veneer. b. A more prominent port cochere shall be incorporated on the western façade. c. Contemporary style awnings and trellis elements shall be incorporated above windows at key projecting vertical façade planes with a focus on the western façade. BP PS 45 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Conditions of Approval / Mitigation Monitoring Program Sky Hotel, Inc. Lot Line Adjustment & Hotel SBDV24-0022 & USE23-0074 3600 & 3610 El Camino Real (APN 041-211-058 & 041-211- 059) Timing BL: Business License GP: Grading Permit BP: Building Permit 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 WW: Wastewater CA: City Attorney d. Site retaining walls shall be constructed of dark color textured block or similar where visible from the highway. 14. A deed notification shall be recorded against the property detailing the commercial nature of the property specifying that the property musty be used for short-term stays only and is subject to TOT, unless otherwise approved by the city, prior to the issuance of building permits. The notification shall be in a form approved by the Community Development Director. BP PS 15. The project shall comply with all provisions of the Atascadero Native Tree Ordinance prior to issuance of Building Permits. An arborist report detailing the species, size (DBH), and disposition of all trees within 20’ of the construction site and outlining appropriate tree protection measures. Tree protection measures shall be depicted construction documents. 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. Proposed tree replacements shall be accounted for in the final landscape and irrigation plan. BP PS 16. All frontage or and on-site trees 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. Should such trees be maintained contrary to this condition, the owner shall be responsible for replacement. Ongoing PS 17. All trash enclosures shall be constructed of dark color split face block or similar, or shall incorporate materials and colors to match the proposed architectural style of the hotel building, and shall include high quality solid metal doors. Enclosures shall be designed in accordance with Cal Green requirements. BP PS 18. Prior to permit issuance, the applicant shall provide a letter from Wast Management indicating that they are able to service the trash enclosure at the proposed location. BP PS 19. 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 Ongoing BS, PS 46 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Conditions of Approval / Mitigation Monitoring Program Sky Hotel, Inc. Lot Line Adjustment & Hotel SBDV24-0022 & USE23-0074 3600 & 3610 El Camino Real (APN 041-211-058 & 041-211- 059) Timing BL: Business License GP: Grading Permit BP: Building Permit 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 WW: Wastewater CA: City Attorney 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. 20. 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 designee. BP PS Public Works Conditions 21. The Lot Line Adjustment shall be recorded with the County prior to issuance of Building Permits. Each lot shall be served with separate services for water, sewer, gas, power, telephone and cable TV. Utility laterals shall be located and constructed to each lot in accordance with City Standards and Standard Specifications and applicable codes, in easements as necessary. BP CE 22. A final Stormwater Control Plan (SWCP) form and supplemental report, and any supporting drainage calculations and reports, shall be approved by the City Engineer prior to issuance of any building permit, in accordance with the State Post Construction Stormwater regulations (Regional Water Quality Control Board Res. No. R3-2013-0032) and City Standards and Specifications for Stormwater and flood control (Section 5). Prior to a final inspection of any permit, the following City Stormwater documentsall pertinent documentation shall be completed and approved by the City Engineer. (Email publicworks@atascadero.org for templates): A. ATAS - SWP-1001_Engineer Certification Form B. ATAS - SWP-1003_OwnerAgentInfo C. ATAS - SWP-1007_Exhibit_B_Instructions_SCM FORM BP CE 47 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Conditions of Approval / Mitigation Monitoring Program Sky Hotel, Inc. Lot Line Adjustment & Hotel SBDV24-0022 & USE23-0074 3600 & 3610 El Camino Real (APN 041-211-058 & 041-211- 059) Timing BL: Business License GP: Grading Permit BP: Building Permit 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 WW: Wastewater CA: City Attorney D. ATAS - SWP-1008_Stormwater System Plans and Manuals E. ATAS - SWP-2002 Stormwater O&M Process and Form Instructions F. ATAS - SWP-3001_Stormwater System O&M_Agreement G. Any other stormwater documents required by the Water Board or State of California. 23. At time of building permit application, a Storm Water Pollution Prevention Plan (SWPPP) is required prior to any ground disturbing activities greater than 1 acre. The 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. BP CE 24. Applicant shall install update frontage improvements for this project to the satisfaction of City Engineer and according to Municipal Code requirements. Existing site driveways do not include accessible pathways, new commercial driveways shall be installed per SLO County Standard B-3a. Note that a separate encroachment permit is required for any work in City right of way. BP CE 25. Sewer capacity charges/fees will be applied to building permit at issuance. BP CE Fire Conditions 26. All required fire backflow devices must be integrated into the site or building design, are prohibited in any public right-of-way, and must also be always accessible to Fire Department and Water Company personnel. 27. Fire department connections shall be installed in accordance with all applicable provisions of the NFPA and California Fire Code BP FD 48 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Conditions of Approval / Mitigation Monitoring Program Sky Hotel, Inc. Lot Line Adjustment & Hotel SBDV24-0022 & USE23-0074 3600 & 3610 El Camino Real (APN 041-211-058 & 041-211- 059) Timing BL: Business License GP: Grading Permit BP: Building Permit 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 WW: Wastewater CA: City Attorney Standard Conditions 28. The applicant shall be responsible for the relocation and/or alteration of existing utilities. BP CE, BS 29. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. FI BS, CE 30. The applicant shall pay all applicable Development Impact Fees and fees associated with connection to City utilities prior to issuance of Building Permits. BP BS, CE, WW 49 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Phil Dunsmore Planning Commission Secretary 50 ITEM 4 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Exhibit B: Project Plans SBDV24-0022 & USE 23-0074 SEE FOLLOWING PAGES 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 S SSSSSSSWWWWWWWWWWSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDSDΔ=8°21'03" R=2350.00'L=342.52'N37°42'54"E 468.87'RS37°45'05"W 436.44'RS29°05'19"E 105.13'RS49°18'29"E 111.09'RXXXXX X X X X X X X X X X X X X X XXXXXXXXXXX XXXXXXXXXXXXXXXXXBASIS OF BEARINGS N47°30'34"W 134.18'M134.40' 38PM58 SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSGGGGGGGG WWWWWWWWWWWWWWWWWWWWWWOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEN52°17'06"W 341.42'RWWW890890 891 891885880880885868870875 880885890889 88788688 7 88 8 889 890 891 892 893 888 88 6 889 878889888887885880888 878 879 8 8 0 8 8 1 8828 8 3 8 8 4 885 886 887 888 889 88 6 887887888 876875876880885890890889888900895895895890890879879 879 SDSDSDSDSD?SD?SD?SD?SD?SD?SD?WWWWWWWWWWWWWWWWWGGOHEOHEOHEOHE(885.85 FS)(887.61 FS)(887.70 FS)(886.34 FS)(888.41 TC)(887.91 FL)2ND FLOOR FFE: 888.641ST FLOOR FFE: 878.50POOL DECK @ 878.58876.30 TG/LP(870.7 FG)(882.5 FG)(885.0 FG)(879.0 FG)(890.0 FG)(901.3 FG)(893.5 FG)(873.4 FG)881.71 FS888.5 FG880.88 TG878.00 FS880.14 FS877.46 TG877.30 FS876.62 FS877.56 FS876.57 TG/LP(877.62 FS)876.63 FS877.56 FS(876.92 FS)(877.09 FS)(877.33 FS)(878.48 FS)(876.2 FG)878.15 FS881.7 FG887.4 FG883.8 FG878.46 FS887.8 FG878.5 FG878.0 FG885.16 FS882.53 FS884.96 FS882.74 FS883.46 FS878.50 FS878.50 FS878.50 FS@ 1ST FLOOR888.64 FS@ 2ND STORY1ST FLOOR FFE: 878.50(873.0 FG)885 881882883884886887 888 878879877877877877 877 878 878878878878(891.1 FG)878.38 FS886.9 FG1.9%3.9%5.0%3.9%5.0%1.1%0.6%2.0%2.0%2.2%0.1%3.0%1.0%0.7%ABCDEFGHIABCDEFGHI1234567S:\All Jobs\2023 All Jobs\231317- Residence Inn - Arris\02_Working Drawings\01_Preliminary\02_ONSITE\C-2 GRADING SHEET.dwg, C-1.0, Nov 22, 2023 3:03pm, Dan Revisions:Project Engineer:Project Manager:Date:AV Job No:Scale:PER PLANSheet Size:24" x 36"Ext:Engineer of Record:Plan Prepared By:The use of these plans and specifications shall berestricted to the original site for which they wereprepared and publication thereof is expressly limited tosuch use. Reproduction or publication by any method,in whole or in part, is prohibited. Title to these plans andspecifications remain with Ashley & Vance Engineering,Inc. without prejudice. Visual contact with these plansand specifications shall constitute prima facie evidenceof the acceptance of these restrictions.Ashley &Vance ENGINEERIN G, IN C . 1229 Carmel Street San Luis Obispo, CA 93401 (805) 545-0010 www.ashleyvance.com C I V I L S T R U C T U R A L PLAN REV IEW SE T NOT FOR CONSTRUCTION E ENI C 77354TSCTAEFOIGER AIOFILACLIVN R RERPS DERET FONOILAGNEISSKAT HLEEN ALLWINEN0202040HORIZONTAL SCALE: 1" = 20' RESIDENCE INN EL CAMINO REAL ATASCADERO, CA 93432DBKEA11-21-2023231317PRELIMINARYGRADING ANDDRAINAGE SHEETC-1.01.2.3.4.5.208PRELIMINARY PLANS - NOT FOR CONSTRUCTION STORM DRAIN NOTES:ROOF DRAIN CONNECTION TO STORM DRAIN.INSTALL TRAFFIC RATED FLAT GRATE DRAIN.NEW PEDESTRIAN RATED FLAT GRATE DRAIN.NEW LANDSCAPE ATRIUM GRATE DRAINNEW 4-INCH CLASS 100 PVC STORM DRAIN LINENEW ADS STORMTECH UNDERGROUND CHAMBER SYSTEMSTORMTECH CHAMBERS OUTFALL CONNECTION TO (E) STORM DRAINSD1SD2SD3SD4SD5SD6SD7SITE NOTES:NEW ASPHALT DRIVEWAYNEW CONCRETE DRIVEWAY SECTION.NEW LIGHT DUTY PCC FLATWORK.NEW 0-INCH CONCRETE CURB.NEW 6-INCH CONCRETE CURB.NEW SITE WALLNEW RETAINING WALLNEW CONCRETE STAIRSNEW TRASH ENCLOSURE123456789SITE RETAINING WALLS:RETAINING WALL ALONG WESTERLY ROW:LENGTH = 355 FTRETAINING WALL ALONG SOUTHERLY PL:LENGTH = 230 FTRETAINING WALL AT STAIRSLENGTH = 15 FTTOTAL LENGTH SITE RETAINING WALLS = 643 FTGENERAL NOTES:SEE DEMOLITION AND PROTECTION PLAN BY OTHERS FOR ADDITIONALINFORMATION.[FOR PARTICULARLY FLAT SITES WHERE PATH OF OVERLAND ESCAPE ISIDENTIFIED] CONTRACTOR TO CONFIRM ALL GRADES ARE SET AS CALLED OUTON PLANS TO PROMOTE OVERLAND ESCAPE AT END OF CONSTRUCTION.ALL DEMOLITION AND GRADING SHALL BE IN COMPLIANCE WITH THERECOMMENDATIONS CONTAINED IN THE SOILS REPORT PREPARED BY BYOTHERS. ALL ADDENDA TO THE REPORT SHALL BE CONSIDERED PART OFTHESE PLANS. CONTRACTOR SHALL CONTACT SOILS ENGINEER PRIOR TOSTART OF DEMOLITION WORK.STORMWATER NOTES:1. THE PROJECT SITE IS LOCATED IN WMZ 1.2. THE PROJECT WILL REMOVE OR REPLACE GREATER THAN 22,000 SF OF IMPERVIOUSSURFACING. THEREFORE, ALL DEVELOPMENT WILL BE SUBJECT TO TIER 4 POSTCONSTRUCTION STORMWATER REQUIREMENTS, WHICH MANDATE TREATMENT OF THE85TH PERCENTILE STORM EVENT, RETENTION OF THE 95TH PERCENTILE STORMTHROUGH UNDERGROUND STORAGE CHAMBERS, AND PEAK FLOW MITIGATION.3. THIS SITE IS NOT IN A FEMA FLOOD ZONE. IN CURRENT CONDITIONS, THE SITESLOPES TO THE SOUTHWEST CORNER OF THE LOT, AND STORMWATER FLOWSOFFSITE.GRADING INFORMATION*CUT QUANTITY: 13,200CUBIC YARDSFILL QUANTITY: 600CUBIC YARDSNET QUANTITY: 12,600CUBIC YARDS EXPORT*NOTE: THE ABOVE QUANTITIES ARE FOR PLANNING AND PERMITTINGPURPOSES ONLY. SHRINKAGE; CONSOLIDATION AND SUBSIDENCE FACTORS;LOSSES DUE TO CLEARING AND DEMOLITION OPERATIONS; AND TRENCHINGFOR UTILITIES AND FOUNDATIONS ARE NOT INCLUDED. ESTIMATEDEARTHWORK QUANTITIES ARE BASED ON THE APPROXIMATE DIFFERENCEBETWEEN EXISTING GRADES AND PROPOSED FINISHED GRADES OR PAVEMENTSUBGRADES, AS INDICATED ON THE PLANS, AND SHOULD VARY ACCORDING TOTHESE FACTORS AND LOSSES. THE CONTRACTOR SHALL PERFORM ANEARTHWORK ESTIMATE FOR THE PURPOSE OF PREPARING A LUMP SUM BIDPRICE FOR EARTHWORK. THE BID PRICE SHALL INCLUDE COSTS FOR ANYNECESSARY IMPORT AND PLACEMENT OF EARTH MATERIALS OR THE EXPORTAND PROPER DISPOSAL OF EXCESS EARTH MATERIALS(E) COLONY INNTO REMAIN(E) AC PARKING TO REMAINPOSSIBLE LOCATION OF (E)UNDERGROUND STORMWATERSTORAGE TO REMAIN. TO BEMOVED OUTSIDE OF BUILDINGFOOTPRINTPROPOSED RESIDENCE INNAPN: 049-211-05910' PGE EASEMENT FOR UNDERGROUNDELECTRIC PER 2908 O.R. 130, QUITCLAIM INPROGRESSNEW WATER LATERALNEW SEWER LINE(E) TRASH ENCLOSURETO REMAIN(E) HOTEL SIGNTO BE RELOCATED(E) OAK TREES TOBE REMOVED(E) OAK TREETO BE REMOVEDEXISTING LOT LINE BETWEEN LOT 1AND LOT 2 PER 38/PM/58, TO BEREMOVED. LOT LINE ADJUSTMENT BYMBS LAND SURVEYS IN PROGRESSLOT 238 PM 58(E) STORM DRAIN AND CATCHBASIN TO BE RELOCATEDLOT 138 PM 5832' INGRESS, EGRESS, & P.U.E. PER 38 PM 58 25' INGRESS, EGRESS, & P.U.E. PER 38 PM 58PROPERTY LINEPROPERTY LINEPROPERTY LINE(E) ELECTRIC VAULTTO BE RELOCATED(E) AC PARKING TO REMAIN(E) STORM DRAINTO BE RELOCATEDHISTORIC DRAINAGETHROUGH (E) 24" CMP STORMDRAIN OUTLET TO REMAIN111SD5SD5SD5SD4SD4TYP.SD2SD6SD3SD2TYP.SD2SD1SD14545555SD5SD5SD55336833377795555573(E) WATERLINE AND FIREHYDRANT(E) FIRE HYDRANTSD2(E) OAK TREE TOBE REMOVED(E) OAK TREE TOBE REMOVED8(E) FIRE HYDRANTNEW SEWER CONNECTION TO MAINWITHIN EL CAMINO REALPER CITY OF ATASCADERO STANDARDSPECIFICATIONSNEW WATER CONNECTION TO MAINWITHIN EL CAMINO REALPER CITY OF ATASCADEROSTANDARD SPECIFICATIONSPARCEL 221/PM/75PORTION OF LOT 538 PM 58E L C A M I N O R E A L U S H I G H W A Y 1 0 1 PROPERTY LINE66 67 68 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Exhibit C: Notice of Exemption SBDV24-0022 & USE 23-0074 Notice of Exemption To: Office of Planning & Research P.O. Box 3044, Room 113 Sacramento, CA 95812-3044 County Clerk County of San Luis Obispo 1055 Monterey St. San Luis Obispo, CA 93408 From: City of Atascadero 6500 Palma Ave. Atascadero, CA 9342 Project Title: Sky Hotels, Inc Lot Line Adjustment and Hotel (SBDV24-0022 & USE23-0074) Project Applicant: Sky Hotels, Inc, 309 Prosperity Blvd., Chowchilla, CA 93610 Project Location – Specific: 3600 & 3610 El Camino Real (APNs 049-211-058 and 049-211-059) Project Location – City: Atascadero Project Location – County: San Luis Obispo Description of Nature Purpose, and Beneficiaries of Project: The Project is a Lot Line Adjustment and a Conditional Use Permit to allow the development of hotel with cooking facilities in all rooms. The approval will include a height waiver to allow a maximum building height 49’-3” and parking modification to allow a parking reduction of approximately 10% for a total of 190 parking spaces. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Sky Hotels, Inc. (ATT: Nick Patel) Exempt Status (check one): ☐ Ministerial (Sec. 21080(b)(1); 15268) ☐ Declared Emergency (Sec. 21080(b)(3); 15269(a)) ☐ Emergency Project (Sec. 21080(b)(4); 15269(b)(c)) ☒ Categorical Exemption. Minor Alterations in Land Use Limitations (§15305) & Infill Development (§15332) ☐ Statutory Exemptions. State code number: Reasons why project is exempt: The Project qualifies for a Class 32 categorical exemption because it is consistent with description of infill development as written in in Section 150332 of the CEQA Guidelines. The associated criteria below followed by a brief discussion. a. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. Discussion: The property is zone Commercial Retail. The Commercial retail zone allows hotels with a conditional use permit when more than 50% of the guest rooms will contain cooking facilities. As described in the Planning Commission Staff Report dated 02/20/2024 and incorporated herein by reference, the project is consistent with all applicable provisions of the local zoning code and general plan. 69 ITEM 4 02/20/2024 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 b. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. Discussion: The project site is a 3.52-acre and developed lot within City limits that will and is surrounded by urban uses, including a commercial park, residential development, and Highway 101. c. The project site has no value as habitat for endangered, rare, or threatened species. Discussion: The Project will be developed site with minimal apparent habitat value. Based on the City’s Geoinformation System and available online data, the property is not listed as habitat for endangered, rare, or threatened species. d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. Discussion: No foreseeable significant effects are expected to occur related to special status species, traffic, noise, air quality, or water quality. The property is located on the City’s largest commercial corridor where continued development of intensive commercial land uses has been anticipated and analyzed under the Atascadero General Plan. The project is consistent with the General Plan. Any effects relative to traffic, noise, air quality, or water quality would have been previously analyzed and accounted for. Notably, Hotels are typically allowed with a ministerial zoning clearance in the CR zone. The proposed Conditional Use Permit is triggered due to the inclusion of kitchens in over 50% of the hotel room rather than a difference in the intensity of the use. e. The site can be adequately served by all required utilities and public services. Discussion: The project site is currently developed with an existing hotel that is served by public and water, PG&E, the Gas Company, and local emergency services. The extension of required utilities and associated infrastructure is expected to be feasible based on the preliminary plans included in the approval of the project. The associated lot line adjustment and height and parking modification additionally qualify for a Class 5 categorical exemption because they the project site parcel with an average slope less than 20% and the proposed lot line adjustment and modifications do not result in changes to land use designations or density. Lead Agency Contact Person: Erick Gomez Phone Number: (805) 470-3446 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? ☐ Yes ☐ No Signature: Date: 02/04/2024 Title: Planner ☒ Signed by Lead Agency ☐ Signed by Applicant Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received filing at OPR: Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. 70 ITEM 4 02/20/204 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 ATTACHMENT 2: Site Photos SBDV24-0022 & USE 23-0072 Figure 1. Aerial view of Project Site with subject Assessor Parcels lines shown in red. Figure 2. Eastern view of Project Site from El Camino Real (East). Existing hotel in the foreground. 71 ITEM 4 02/20/204 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 . Figure 3. Eastern view of existing meeting hall to be demolished. Figure 4. Western view of tennis courts to be demolished. Existing hotel and meeting hall in the background. 72 ITEM 4 02/20/204 Sky Hotels, Inc LLA & Hotel SBDV24-0022 & USE23-0074 Figure 5. Northwest view of meeting hall to be demolished. Existing freeway-oriented pole sign in the foreground Figure 6. Southeast view of meeting hall to be demolished. 73