HomeMy WebLinkAboutPC Resolution 2024-0009PC RESOLUTION 2024-0009
RESOLUTION OF THE PLANNING COMMISSION OF THECITY OF
ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL APPROVE AN AMENDMENT TO THE DOVE CREEK MASTER
PLAN OF DEVELOPMENT (CUP 2003-0099), VESTING TENTATIVE
TRACT MAP (TR 3229), AND AMENDMENTS TO PLANNED
DEVELOPMENT OVERLAY #12 TO ALLOW FOR A MIXED
RESIDENTIAL AND COMMERCIAL PROJECT ON THE DOVE CREEK
COMMERCIAL PROPERTY (APN 045-331-014) AND FINI) THE
AMENDMENTS CONSISTENT WITH THE PREVIOUSLY CERTIFIED
MITIGATED NEGATIVE DECLARATION (EDN 2004-0026).
DOVE CREEK MIXED-USE
MONTAGE DEVELOPMENT, INC.
(DEV23-0079)
WHEREAS, an application has been received from Montage Development, Inc.
(23945 Calabasas Road, Suite 116, Calabasas, CA 91302), Applicant and Seuong M Moon (6130
Via Huerto Court, Atascadero, CA 93422) Owner, to consider a Zoning Text Change to Planned
Development Overlay Zone No. 12, Vesting Tentative Tract Map, and Master Plan ofDevelopment
(Conditional Use Permit); and
WHEREAS, the site's current General Plan Land Use Designation is Mixed -Use Planned
Development (MU -PD); and
WHEREAS, the site's current Zoning Designation is Commercial Retail (CR) with a
Planned Development No. 12 (PD 12) overlay; and
WHEREAS, PD12 was established in 2004 with the approval of the Dove Creek
Development and modifications to the zoning overlay district are necessary for consistency with
the revised Master Plan of Development; and
WHEREAS, the Planning Commission has determined that it is in the bestinterest of the
City to enact amendments to Planned Development Overlay #12 for consistency with the revised
Master Plan of Development, including incorporation of land use definitions updated between
overlay zone adoption in 2004 and today; and
WHEREAS, the site has previously been identified by the City Council as a key
development opportunity site for future mixed-use/residential development (in commercial zoning
districts) with a maximum allowable density of 24 units per acre; and
WHEREAS, the minimum lot size in the CR zoning district is 2 acres; and
WHEREAS, smaller lot sizes are allowed for commercial projects that provide shared
access and parking and are designed as an integrated commercial center; and
WHEREAS, the proposed subdivision will result in seven parcels ranging from 0.33 to
2.74 acres with allowances for residential and/or commercial condominium airspace units on each
parcel to accommodate individual sale of residential units and commercial tenant spaces; and
WHEREAS, the Atascadero Municipal Code allows for the establishment of custom
Planned Development Overlay Zones to create custom zoning for unique projects and allow for a
mix of commercial and residential uses that would otherwise not be permitted by underlying
zoning; and
WHEREAS, shared parking and access easements are required to be recorded to ensure
that all parcels have legal access from the adjacent rights-of-way; and
WHEREAS, the project was reviewed by the Design Review Committee at their regularly
scheduled meeting on September 14, 2023; and
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject application
was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral
and documentary, was admitted on behalf of said application; and
NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of
Atascadero:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearings. The Planning Commission held duly noticed public
hearings to consider the project on May 21, 2024, where the Commission considered testimony
and reports from staff, the applicants, and the public.
SECTION 3. Facts and Findings. The Planning Commission makes the following
findings and determinations:
A. Findings for Zoning Text Amendment
1. FINDING; The proposed projector use is consistent with the General Plan, and
FACT: The General Plan has designated the project site as Mixed -Use Planned
Development which allows a mixture of commercial, office, and residential uses with
a focus on pedestrian orientation and connections between different uses throughout
the project area. The General plan allows for a horizontal or vertical mixture of uses
with the approval of a Planned Development Overlay Zone and an accompanying
Master Plan of Development. Planned Development #12 and a Master Plan of
Development were previously approved for the project site. The proposed text
amendment establishes a maximum residential density of 71 residential units for the
project site, which is consistent with the 24 du/ac maximum residential density that is
allowed for mixed-use developments in commercial zoning districts.
2. FINDING: The establishment and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing or
working in the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and
FACT: The proposed development will be located at the intersection of Santa Barbara
Road and El Camino Real. As proposed, the commercial uses will be adjacent to El
Camino Real and the residential uses will front Santa Barbara Road, Bliss Street, and
Cashin Street. Adequate access to the site is provided off Cashin Street and Bliss Street
per the originally approved Dove Creek master plan. The site design has been reviewed
by all City departments for consistency with code requirements. Impacts have been
analyzed through the previously certified Initial Study/Mitigated Negative Declaration
(MND) No. 2004-0026. As conditioned, the project will not be detrimental or unsafe
to those working, visiting, or living on the project site or those within the surrounding
neighborhoods.
3. FINDING: The proposed projector use will not be inconsistent with the character or
the immediate neighborhood or contrary to its orderly development; and
FACT: The proposed project is within the existing Dove Creek neighborhood,
comprised of small -lot single-family residences fronting Bliss Street and Cashin
Street. The project has been designed to focus residential uses adjacent to existing
residential units with the proposed 2 -story residential buildings fronting Bliss and
Cashin Streets, and the 3 -story residential building fronting Santa Barbara Road. The
development pattern of the proposed project is similar to the conceptual site plan that
was originally approved to be the commercial component of the Dove Creek Master
Plan. Commercial uses have been internal to the project site or adjacentto El Camino
Real to provide a visual buffer between existing residences and the higher -intensity
commercial and multi -family uses.
4. FINDING: The proposed zone change will not create any new significant and
unavoidable impacts to traffic, infrastructure, or public service impacts; and
FACT: A Mitigated Negative Declaration (MND) No.2004-0026 was certified by the
City Council on September 14, 2004. The MND evaluated the entire Dove Creek
Master Plan and specifically analyzed the potential impacts of a commercial
development on the project site that included 60,000 SF of future commercial retail
space, including a 26,500 SF anchor tenant. While the residential villages identified in
the analyzed project have been built and occupied as planned, the commercial center
never developed and is now the location of the proposed mixed-use project.
To supplement the analysis of the previously certified MND for the project site, the
applicant prepared a series of comparative analyses to evaluate whether the project
would result in a greater impact to resources that previously identified. The applicant
team provided analyses related to traffic and sewer capacity. The traffic analysis
showed a reduction in anticipated peak hour trips based on the proposed mix of land -
uses. The sewer capacity analysis showed that, while there will likely be an increase in
peak flows, the sewer lines as designed are sized appropriately to accommodate the
proposed development.
5. FINDING: The proposed zone change is consistent with the CEQA Findings.
FACT: The proposed text amendment is minor and will not result in an environmental
impact. A mix of commercial and residential uses is allowable in the Commercial Retail
zoning district and PD 12.
B.
C. Findings for Approval of a Conditional Use Permit Amendment to modify the Master
Plan of Development
1. FINDING: The proposed project or use is consistent with the General Plan
FACT: The proposed project includes a Zone Text Change to modify the Planned
Development Overlay Zone No. 12 (PD 12) to allow the proposed mix of residential
and commercial uses on the project site and intensify uses from what is allowed today.
The project site is located in the northwest corner of the Santa Barbara Road and El
Camino Real intersection, the southern entrance to the city. The site is adjacent to
services and is within the City's identified Urban Services Line. The project is
consistent with the Land Use, Open Space and Circulation (LOC) Policies and
Programs 1.1.7 for infill development; 1.4.1 for screening exterior lights; 2.1.3 and
7.2.3 for providing street trees; and 8.5.3 for providing on-site stormwater
management. In addition, the project is consistent with Circulation Element (CIR)
Policies and Programs 1.4 for requiring a tree -lined street; 1.5.1 for requiring adequate
off-street parking; and 2.3.1 for providing adequate sidewalks as required for all new
commercial development in the City.
The General Plan also includes policies and programs aimed at enhancing the City's
visual character and promoting economic viability. The City Council has previously
identified this site as a key opportunity for increased economic development and
expanded housing. In addition, LOC 3 provides policies and programs aimed at
transforming the existing El Camino Real "strip" into a distinctive, attractive, and
efficient commercial, office, and industrial park area that can provide for the long-term
economic viability of the community. LOC 13 provides policies and programs aimed at
establishing a range of employment and business opportunities to provide a sound
economic base and ensure that new development generates sufficient revenue to
support public service needs and quality environmental, social, and educational
opportunities.
The project, as proposed, will provide commercial uses that are distinctive, attractive,
and can contribute to the long-term economic viability of the community.The proposed
project includes commercial uses that generate sales and transient occupancy tax
revenue that the City can use to further support public services. The proposed short-
term rental hotel units will provide a service that doesn't exist near the City's south
gateway and is in growing demand. The mix of residential and commercial uses on the
project site will contribute to the viability of the commercial tenants. The proposed site
plan and conceptual landscape plan include pedestrian walkways that connect to
existing pedestrian walkways within the broader neighborhood. All proposed uses will
utilize a singular looped driveway access and parking will be shared. The project site
was previously identified and approved for commercial development within the
existing Planned development overlay zoning designation and the Master Plan for The
Villages of Dove Creek. The project will maintain and enhance the existing street trees
and landscaping that pedestrians in this neighborhood are accustomed to.
2. FINDING: The proposed projector use satisfies all applicable provisionsof the Zoning
Ordinance
FACT: The proposed mixed commercial and residential development includes a
request for a Zone Text Change to modify the development potential of the project site.
With those approvals, the project is consistent with the Atascadero Municipal Code and
the established Planned Development Overlay Zone No. 12. The proposed structures
and site plan are consistent with the applicable provisions of the Atascadero Municipal
Code as conditioned.
3. FINDING: The establishment and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing or
working in the neighborhood of the use, or be detrimental or injuriousto property or
improvements in the vicinity of the use
FACT: The proposed development will be located at the intersection ofSanta Barbara
Road and El Camino Real. As proposed, the commercial uses will be adjacent to El
Camino Real and the residential uses will front Santa Barbara Road, Bliss Street, and
Cashin Street. Adequate access to the site is provided off Cashin Street and Bliss Street
per the originally approved Dove Creek master plan. The site design has been reviewed
by all City departments for consistency with code requirements. Impacts have been
analyzed through the previously certified Initial Study/Mitigated Negative Declaration
(MND) No. 2004-0026. As conditioned, the project will not be detrimental or unsafe
to those working, visiting, or living on the project site or those within the surrounding
neighborhoods.
4. FINDING: The proposed project or use will not be inconsistent with the character of
the immediate neighborhood or contrary to its orderly development
FACT: The proposed project is within the existing Dove Creek neighborhood,
comprised of small -lot single-family residences fronting Bliss Street and Cashin
Street. The project has been designed to focus residential uses adjacent to existing
residential units with the proposed 2 -story residential buildings fronting Bliss and
Cashin Streets, and the 3 -story residential building fronting Santa Barbara Road. The
development pattern of the proposed project is similar to the conceptual site plan that
was originally approved to be the commercial component of the Dove Creek Master
Plan. Commercial uses are internal to the project site or adjacent to El Camino Real to
provide a visual buffer between existing residences and the higher -intensity
commercial and multi -family uses.
5. FINDING: The proposed use or project will not generate a volume of traffic beyond
the safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance with
the land use element
FACT: A Trip Generation Comparison, prepared by Central Coast Transportation
Consultants estimated the vehicle trips for the project as proposed and compared the
trip levels to the previously approved project. The proposed project will generate 1,546
trips per weekday, including 91 AM peak hour trips and 166 PM peak hour trips. The
trip generation would be lower than the 2,475 trips per weekday generated by the
previously approved project, Therefore, the previously identified mitigation measures
are adequate to accommodate the proposed development. The project will create
additional traffic, both from new residents to the project and visitors and employees to
the commercial portion of the project but will generate 929 fewer AM and PM peak
hour trips daily. The analysis concluded that traffic volumes and patterns will be safe
and within the capacity of adjacent roadways.
D. Findings for Parking Modification
1. FINDING: The project qualifies for a parking reduction based on the nature of the
uses on site and the differing peak -hour demands of parking for the distinct planned
uses.
FACT: The project proposes a mix of residential and commercial uses in additional to
a short-term stay hotel. The Atascadero Municipal Code recognizes that uses that have
different peak -hour parking demands can qualify for a parking reduction as the
provided spaces can be shared between all uses on-site. The Code also recognizes that
separate commercial uses that share the same site often have patrons that visit more
than one commercial tenant at a time, allowing for a reduction in total parking demand.
This is generally the case for residential and retail/restaurant uses and residents and
hotel patrons generally park overnight whereas retail and restaurant uses have greater
daytime demand. In addition, the site is designed with uses that are complimentary and
visitors will likely visit more than one commercial tenant during their visit to the site.
E. Findings for Hotels with kitchens in more than 50% of the rooms/units
1. FINDING: 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 fitness areas, a lounge, and is adjacent to residents and visitor -serving
commercial and recreation uses.
2. FINDING: The project is in an area that supports tourist -serving activities.
FACT: The project site is in the commercial retail zone and is part of the Dove Creek
neighborhood. The Dove Creek commercial development proposal includes resident
and tourist -serving uses and amenities will be provided on-site. The site is near Paloma
Park which is a draw for many larger sports tournaments. Deed covenants will be
recorded against the property detailing the nature of the use in compliance with local
regulations.
F. Findings for Approval of a Vesting Tentative Tract Map
1. FINDING: The proposed subdivision, together with the provisions for its design and
improvement, is consistent with the General Plan (Government Code §§ 66474(a) and
(b))
FACT: The proposed project includes a Zone Text Change to modify the Planned
Development Overlay Zone No. 12 (PD 12) to allow the proposed mix of residential
and commercial uses on the project site and intensify uses from what is allowed today.
The project site is located in the northwest corner of the Santa Barbara Road and El
Camino Real intersection, the southern entrance to the city. The site is adjacent to
services and is within the City's identified Urban Services Line. The project is
consistent with the Land Use, Open Space and Circulation (LOC) Policies and
Programs 1.1.7 for infill development; 1.4.1 for screening exterior lights; 2.1.3 and
7.2.3 for providing street trees; and 8.5.3 for providing on -sit stormwater
management. In addition, the project is consistent with Circulation Bement (CIR)
Policies and Programs 1.4 for requiring a tree -lined street; 1.5.1 for reginring adequate
off-street parking; and 2.3.1 for providing adequate sidewalks as required for all new
commercial development in the City.
The General Plan also includes policies and programs aimed at enhancing the City's
visual character and promoting economic viability. The City Council has previously
identified this site as a key opportunity for increased economic development and
expanded housing. In addition, LOC 3 provides policies and programs aimed at
transforming the existing El Camino Real "strip" into a distinctive, attractive, and
efficient commercial, office, and industrial park area that can provide forthe long-term
economic viability of the community. LOC 13 provides policies and programs aimed at
establishing a range of employment and business opportunities to provide a sound
economic base and ensure that new development generates sufficient revenue to
support public service needs and quality environmental, social, and educational
opportunities.
The project, as proposed, will provide commercial uses that are distinctive, attractive,
and can contribute to the long-term economic viability of the community. The proposed
project includes commercial uses that generate sales and transient occupancy tax
revenue that the city can use to further support public services. The proposed short-
term rental hotel units will provide a service that doesn't exist near tlT City's south
gateway and is in growing demand. The mix of residential and commercial uses on the
project site will contribute to the viability of the commercial tenants. The proposed site
plan and conceptual landscape plan include pedestrian walkways that connect to
existing pedestrian walkways within the broader neighborhood. All proposed uses will
utilize a singular looped driveway access and parking will be shared. The project site
was previously identified and approved for commercial development within the
existing Planned development overlay zoning designation and the Mater Plan for The
Villages of Dove Creek. The project will maintain and enhance the existing street trees
and landscaping that pedestrians in this neighborhood are accustomed to.
2. FINDING: The site is physically suitable for the type of development (Government
Code§ 66474(c))
FACT: The property, after approval, will be zoned Commercial retail with Planned
Development Overlay Zone No. 12. The site is located adjacent to SantaBarbara Road
and El Camino Real, within the existing Master Plan of Development for Dove Creek.
All required right-of-way improvements along Santa Barbara Road, Bliss Street,
Cashin Street, and El Camino Real have been constructed to City standards and will be
maintained in perpetuity. The project site was previously graded to accommodate
drainage at the lowest point of the site adjacent to the intersection of Bliss and Cashin
Streets. The site has been designed to accommodate all stormwater generated from the
project.
3. FINDING: The site is physically suitable for the proposed density of development
(Government Code § 66474(d))
FACT: The property is zoned Commercial Retail with Planned Development Overlay
Zone No. 12. The site is located adjacent to Santa Barbara Road and El Camino Real,
within the existing Master Plan of Development for Dove Creek. The site has
previously been identified by the City Council as a key development opportunity site
for future mixed-use/residential development (in commercial zoning districts) with a
maximum allowable density of 24 units per acre The project site as proposed will have
71 residential units on 5.19 -acres, resulting in a proposed density of 13.7 units/acre.
4. FINDING: The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or wildlife
or their habitat. (Government Code § 66474(e))
FACT: The proposed project site is outside of the 100 -year flood plain and the site is
designed to be integrated into the Dove Creek neighborhood which includes creek and
wetland restoration areas. The drainage from the site will be engineered to provide on-
site post -construction water treatment before outflow into the neighborhood -wide
storm drain system. The site was previously graded as part of the original tract
improvements and no environmental concerns exist on site.
5. FINDING; The design of the subdivision or the type of improvements will not cause
serious health problems. (Government Code § 66474(f))
FACT: The project is designed in accordance with all applicable local and State
regulations. The project proposes a mixed commercial and residential development at
a key opportunity site in the city and will not create any impacts to public health.
6. FINDING; The design of the subdivision will not conflict with easements for access
through or use of property within the proposed subdivision. (Government Code §
66474(g))
FACT: The proposed project includes conditions to provide shared access and parking
easements throughout the site for the benefit of all applicable parcels, ensuring access
to all proposed parcels and uses.
G. Findings for Planned Development Overlay Zone
1. FINDING; The modification of development standards or processing requirements is
warranted to promote orderly and harmonious development
FACT: The proposed project includes commercial uses that are distinctive, attractive,
and can contribute to the long-term economic viability of the community. The mix of
residential and commercial uses on the project site will contribute to the viability of the
commercial tenants. The proposed site plan and conceptual landscape plan include
pedestrian walkways that connect to existing pedestrian walkways within the broader_
neighborhood. All proposed uses will utilize a singular looped driveway access and
parking will be shared. The project site was previously identified and approved for
commercial development within the existing Planned Development zoning designation
and the Master Plan for The Villages of Dove Creek. The project will maintain and
enhance the existing street trees and landscaping that pedestrians in this neighborhood
are accustomed to.
2. FINDING; The modification of development standards or processing requirements will
enhance the opportunity to best utilize special characteristics of an area and will have
a beneficial effect on the area.
FACT: The proposed project includes a mix of commercial uses that generate sales and
transient occupancy tax revenue that the city can use to further support public services.
The proposed short-term rental hotel units will provide a service that doesn't exist near
the City's south gateway and is in growing demand.
3. FINDING; The benefits derived from the overlay zone cannot be reasonably achieved
through existing development standards for processing requirements
FACT: The Commercial Retail zone allows for mixed-use development with up to 24
units per acre. Generally, residential units must be located above ground -floor
commercial space. Residential uses may only be located on the groundfloor with the
approval of a planned development overlay zone. As the project site is located within
PD 12, an amendment to the Master Plan of Development and overlay zone allows for
the proposed configuration.
The addition of ground floor residential uses within the proposed mixed-use
development will serve as a transition between the existing residential use along Bliss
and Cashin Streets and the commercial uses within the project site core and along El
Camino Real. The addition of residential uses on the ground floor of the proposed
mixed-use development will also help the city achieve its Regional Housing Needs
Allocation (RHNA) objectives.
4. FINDING; The proposed plans, if any, offer certain redeeming features to compensate
for requested modifications
FACT: The City Council has adopted a policy listing potential benefits for
consideration when approving a Planned Development overlay zone. The Dove Creek
Project was found to provide community benefit during the original approval of the
project in 2004. Per City Council policy, benefits include high-quality architectural and
landscape design, buffering between uses, higher density to meet Housing Element
goals, pocket parks, and walkways for pedestrian connectivity. Modification of the
Master Plan of Development for the 5 -acre commercial site will not significantly
change the nature and community benefit of the project, however, the added
community-based commercial uses and increased housing opportunities will enhance
the community benefit provided in the Dove Creek development. As designed and
conditioned, the proposed amended project meets the findings for approval.
SECTION 4. CE A. A Mitigated Negative Declaration (MND) No.2004-0026 was
certified by the City Council on September 14, 2004. The MND evaluated the entire Dove Creek
Master Plan and specifically analyzed the potential impacts of a commercial development on the
project site that included 60,000 SF of future commercial retail space, including a 26,500 SF
anchor tenant. While the residential villages identified in the analyzed project have been built and
occupied as planned, the commercial center never developed and is now the location of the
proposed mixed-use project.
To supplement the analysis of the previously certified MND for the project site, the applicant
prepared a series of comparative analyses to evaluate whether the project would result in a greater
impact to resources than previously identified. The applicant team provided analyses related to
traffic and sewer capacity. The traffic analysis showed a reduction in anticipated peak -hour trips
based on the proposed mix of land uses. The sewer capacity analysis showed that, while there will
likely be an increase in peak flows, the sewer lines as designed are sized appropriately to
accommodate the proposed development.
SECTION 5. Recommendation for Approval. The Planning Commission of the City of
Atascadero, California, in a regular session assembled on May 21, 2024, resolved to recommend
that the City Council approve an Amendment (DEV23-0079) to the Dove Creek Master Plan of
Development (CUP 2003-0099), approving the Dove Creek Commercial Parcel Mixed -Use
project, Vesting Tentative Tract Map (TR3229) for parcel subdivision and condomiruam purposes,
and an associated Amendment to Planned Development Overlay Zone #12, subject to the
following:
1. EXHIBIT A: Conditions of Approval
2. EXHIBIT B: Project Entitlement Package
3. EXHIBIT C: Vesting Tentative Tract Map (TR 3229)
4. EXHIBIT D: Planned Development #12 Zone Text Amendment
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner Schmidt and seconded by Chairperson Keen, the foregoing resolution
is hereby adopted in its entirety by the following roll call vote:
AYES: Anderson, Heath, Hughes, Schmidt, van den Eikhof, Keen (6)
NOES: Carranza (1)
ABSTAIN: None (0)
ABSENT: None (0)
ADOPTED: May 21, 2024
CITY OF ATASCADERO, CA
Tori leen
Planning Commission Chairperson
Attest:
Phil Dunsmore
Planning Commission Secretary
Conditions of Approval
Timing
Responsibility
DEV23-0079
/Monitoring
Vesting Tentative Tract Map 3229
BL: Business License
PS: Planning Services
BS: Building Services
Master Plan of Development/Conditional Use Permit
GP: Grading Permit
FD: Fire Department
Dove Creek Commercial Development
BP: Building Permit
FI: Final Inspecton
PD: Police Department
CE: City Engineer
TO: Temporary Occupancy
WW: Wastewater
F0: Final Occupancy
CA: City Attorney
APN 045-331-014
PLANNING DEPARTMENT
1. This approval includes the following entitlements:
Ongoing
PS
a) Vesting Tentative Tract Map (TR 3229) is for the creation of
7 legal lots of record (as conditioned) described on the
attached exhibits and shall apply to APN 045-331-014,
regardless of owner.
b) Master Plan of Development / Conditional Use Permit for
approximately 14,840 SF of commercial tenant space, 71
residential condominium units, and 20 short-term rental
hotel units.
2. The approval of these entitlements shall become final and
Ongoing
PS
effective for the purposes of issuing building permits the day
after the City Council hearing unless an appeal is made in
accordance with the Atascadero Municipal Code.
3. In accordance with the Atascadero Municipal Code Section 9-
Ongoing
PS
8.105, any violation of any of the conditions of approval may be
cause for revocation of this entitlement and subject the applicant
and/or future property owners to the penalties set for in the
Atascadero Municipal Code, as well as any other available legal
remedies.
4. The Community Development Director and/or City Engineer
FM
PS / CE
shall have the authority to make modifications to the final map
that remain in substantial conformance with the approved
Tentative Tract Map.
5. The Community Development Director and/or City Engineer
BP / FM
PS / CE
shall have the authority to make minor modifications to the
Master Plan of Development that are necessary to address
code requirements or result in superior design.
6. Approval of these entitlements shall be valid for twenty-four (24)
BP / FM
PS
months after its effective date. At the end of the period, the
approval shall expire and become null and void unless a final
map (Tract Map entitlement) has been recorded, or a
construction permit (Master Plan of Development) has been
issued and substantial construction has commenced, or a time
extension has been granted, consistent with the Atascadero
Municipal Code.
7. Vesting Tentative Subdivision Map was deemed complete on
On-going
PS, CE
May 13, 2024, for the purposes of vested development rights
and fees consistent with the Subdivision Map Act of the State of
California.
Conditions of Approval
Timing
Responsibility
DEV23-0079
/Monitoring
Vesting Tentative Tract Map 3229
PS: Planning Services
BL: Business License
BS: Building Services
Master Plan of Development/Conditional Use Permit
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
Dove Creek Commercial Development
FI: Final Inspection
CE: City Engineer
TO: Temporary Occupancy
WW: Wastewater
F0: Final Occupancy
CA City Attorney
APN 045-331-014
8. The applicant shall defend, indemnify, and hold harmless the
Ongoing
City of Atascadero or its agents, officers, and employees
against any claim or action brought to challenge an approval by
the City, or any of its entities, for any claims arising from the
approvals of these or subsequent project entitlements.
9. All subsequent Tentative Tract Map and construction permits
BP/FM
PS/CE
shall be consistent with the Master Plan of Development
approved for the project, or as further specified by the conditions
herein.
10. The subdivision shall be subject to additional fees for park or
BP
PS
recreation purposes (QUIMBY Act) as required by the City
Ordinance.
11. The commercial portion of the project (commercial courtyard
FI
PS
and hotel/market) shall be finaled prior to the issuance of
certificates of occupancy for the remaining 20% of residential
units on-site.
12. All maintenance costs listed below shall be 100% funded by
FM/BP
PS
the project in perpetuity, except for public facilities that are
accepted for maintenance by the City of Atascadero. The
service and maintenance cost shall be funded through an
entity or mechanism established by the developer, subject to
City Staff approval. This entity or mechanism must be in
place prior to, or concurrently with acceptance of any final
map(s) or the issuance of any residential building permits,
whichever comes first. The entity or mechanism shall be
approved by the City Attorney, City Engineer and
Administrative Services Director prior to acceptance of any
Final Map(s) or issuance of any building permits. The
administration of the above-mentioned funds, and the
coordination and performance of maintenance activities,
shall be the responsibility of the entity or mechanism.
a) All roads, sidewalks, pathways, parking, and access
areas.
b) All landscaping and lighting within the proposed project
area.
c) Common area fencing and/or features.
d) Open areas on private property within the proposed
project area including detention facilities, bio-swales,
and other low -impact -development features.
e) All drainage facilities within the project area.
f) Landscaped frontages within the right-of-way of all
public .streets within the defined project boundary,
including irrigation.
Conditions of Approval
Timing
Responsibility
DEV23-0079
/Monitoring
Vesting Tentative Tract Map 3229
PS: Planning Services
BL: Business License
BS: Building Services
Master Plan of Development/Conditional Use Permit
GP: Grading Permit
FD: Fire Department
Dove Creek Commercial Development
BP: Building Permit
FI: Final Inspection
PD: Police Department
CE: City Engineer
TO: Temporary Occupancy
WW: Wastewater
FO: Final Occupancy
CA: City Attorney
APN 045-331-014
g) On-site sanitary sewer system(s) and storm drains
located within the project area.
13. The emergency services and facility maintenance costs listed
FM/BP
PS
below shall be 100% funded by the project in perpetuity. The
service and maintenance costs shall be funded through a
community facilities district established by the City at the
developer's cost. The funding mechanism must be in place
prior to or concurrently with acceptance of the final maps or
issuance of any residential building permit, whichever comes
first. The funding mechanism shall be approved by the City
Attorney, City Engineer and Administrative Services Director
prior to acceptance of any final map. The administration of the
above-mentioned funds shall be by the City. The developer
agrees to participate in the community facilities district and to
take all steps reasonably required by the City with regard to the
establishment of the district and assessment of the property.
■ All Atascadero Police Department service costs to the
project.
■ All Atascadero Fire Department service costs to the project.
• Off-site common City of Atascadero park facilities
maintenance service costs related to the project
14. Shared parking and access easements shall be recorded over all
FM
PS/CE
parcels as applicable. Easements shall also be recorded for
shared drainage facilities. Parking shall not be designated for
each use except for tandem spaces, short-term pick-up spaces,
and private residential garage spaces.
15. Separate covenants shall be recorded governing use and
FM/BP
PS / CE
maintenance responsibilities of shared facilities including, but not
limited to, parking, access, drainage, landscaping, common use
areas, and fencing. An additional covenant shall be recorded
notifying all future property owners that the project is governed by
a Planned Development Overlay Zone / Master Plan of
Development and any modifications or changes to the
appearance, fencing, or amenity areas require approval by the
City.
16. The applicant shall make a good-faith effort to negotiate a shared
FM / BP
PS
maintenance agreement with the Dove Creek HOA for fair share
costs associated with the maintenance of Cashin and Bliss
Streets including frontage landscaping.
17. Prior to final map, the applicant shall submit CC&Rs for review by
FM
PS / CE
the Community Development Department. CC&Rs for the
Conditions of Approval
Timing
Responsibility
DEV23-0079
/Monitoring
Vesting Tentative Tract Map 3229
PS: Planning Services
BL: Business License
BS: Building Services
Master Plan of Development/Conditional Use Permit
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
Dove Creek Commercial Development
FI: Final Inspection
CE: CO Engineer
TO: Temporary Occupancy
WW: Wastewater
F0: Final Occupancy
CA: City Attorney
APN 045-331-014
commercial and residential portions of the project may be
separate, combined, or tiered.
18. Agreements shall be required to be recorded against each
FM / BP
PS
residential parcel notifying any residential owner of the
commercial nature of the site to ensure that commercial activities
are prioritized.
19. The applicant shall work with the City staff regarding the final
FM/BP
PS
selection of landscaping. Trees selected to be adjacent to the
public right-of-way shall be compatible with the Dove Creek
Master Plan of Development.
20. All landscape on-site or planted along the street frontage shall be
Ongoing
PS
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.
21. The project site shall be fenced and secured during construction.
Ongoing
PS
Any existing street trees or landscaping that is damaged during
construction shall be replaced prior to final of any adjacent
building or tract improvements.
22. All perimeter/ retaining walls adjacent to Santa Barbara Road, EI
BP
PS
Camino Real, Bliss Street, and Cashin Street shall be in
substantial conformance with the attached exhibits. Retaining
wall material shall be constructed of dark color split face block or
decorative stone veneer consistent with the proposed
architecture of the 3 -story residential building. Material
specifications shall be included in the permit application.
23. All landscape and retaining walls shall have an anti -graffiti coating
BP
PS
applied.
24. Signage shall be consistent with project exhibits. All signage shall
BP
PS/CE
consist of individual letters and shall include external or halo -style
lighting. No internally illuminated signage shall be permitted
unless sign lighting is turned off between the hours of 10 pm and
7 am.
25. The gateway/entry monument sign shall be maintained in
BP
PS
perpetuity by the common lot owner or owner's association in
accordance with City standards. City signage and logo(s) shall
be approved by the City Engineer prior to installation. An
easement shall be recorded in the area of the sign in favor of the
city to allow the city access as needed to modify signage at the
city's discretion.
Conditions of Approval
Timing
Responsibility
DEV23-0079
/Monitoring
Vesting Tentative Tract Map 3229
PS: Planning Services
BL: Business License
BS: Building Services
Master Plan of Development/Conditional Use Permit
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
Dove Creek Commercial Development
Fl: Final Inspection
CE: City Engineer
TO: Temporary Occupancy
WW: Wastewater
FO: Final Occupancy
CA: City Attorney
APN 045-331-014
26. All stormwater basins shall be unfenced. Low level decorative
BP
PS
split rail fencing may be approved by the Community
Development Director.
27. Plaza spaces shall include decorative pavement such as
BP
PS
stamped and/or colored concrete, or similar.
28. Future buildings shall be approved by planning staff prior to
BP
PS
permit issuance and shall incorporate design elements
consistent to attached exhibits.
29. All trash enclosures shall be constructed of dark color split face
BP
PS
block or similar and shall include high quality solid metal doors.
Enclosures shall be designed in accordance with City and State
requirements.
30. All site lighting shall be shielded, directional, and dark sky
BP
PS
compliant. Up lighting and festoon lighting shall be permitted
within the commercial areas and along the pedestrian paseo.
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 be dimmable and shall be on motion sensors
with lighting dimmed except when activated between the hours
of 10 pm and 7 am, and shall have a maximum pole height of
14 -feet. All lighting shall be consistent and between 2700K and
3000K.
31. Landscaping along Cashin and Bliss Streets shall include
BP
PS
material that has a variety of height and scale and shall include
trees and shrubs for layering.
32. The site shall be maintained and kept clear of any debris or
Ongoing
PS
storage including construction debris, unless part of an active,
approved construction permit. All finishes shall be repaired or
replaced as needed to maintain a high-quality
commercial/residential 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.
33. No gates shall be permitted on any public or private roadway
Ongoing
PS
or accessway within the project area.
34. For commercial, industrial, office or multi -family projects, all
BP
PS / FD
existing and/or new ground -mounted appurtenances such as
air-conditioning condensers, electrical transformers, backflow
Conditions of Approval
Timing
Responsibility
DEV23-0079
/Monitoring
Vesting Tentative Tract Map 3229
PS: Planning Services
BL: Business License
BS: Building Services
Master Plan of Development/Conditional Use Permit
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
Dove Creek Commercial Development
FI: Final Inspection
CE: City Engineer
TO: Temporary Occupancy
WW: Wastewater
FO: Final Occupancy
CA: City Attomey
APN 045-331-014
devices etc., shall be screened from public view through the
use of decorative landscaping subject to approval by the
Community Development Director or his designee. All fire
department connections and/or backflow prevention devices
for commercial and multi -family buildings shall be
incorporated into the served buildings unless waived by the
Community Development Director. If building integration is
infeasible, all equipment shall be placed in a landscape
planter and shall be fully screened by appropriately sized
landscape species.
35. All existing and/or new roof appurtenances such as air-
Ongoing
PS
conditioning units, grease hoods, etc. shall be screened from
public view. The screening shall be architecturally integrated
with the building design and constructed of compatible
materials to the satisfaction of the Community Development
Director or his designee.
36. All mitigation measures identified in the previously certified
Ongoing
PS/CE/FD
Mitigated Negative Declaration No. 2004-0026, and the
mitigation monitoring program for the Master Plan of
Development, as amended, are hereby incorporated by
reference and shall be implemented as listed or as
conditioned.
37. Venting shafts for a potential kitchen in the market/deli space
BP
PS / BS
shall be incorporated into the building design with initial
construction permits.
CITY ENGINEER PROJECT CONDITIONS
38. An encroachment permit is required for any work or temporary
BP/GP
CE
use in the City rights-of-way.
39. The owner shall enter into an agreement for ongoing
FI
CE
maintenance responsibilities for all on-site post -construction
stormwater treatment facilities.
40. Applicant shall pay sewer capacity charges in effect at the time
BP
CE
of building permit application or date of vested tentative map
approval. If any unique uses are proposed, specific
wastewater information may be required to be submitted,
subject to the request and approval of the City Engineer.
Conditions of Approval
Timing
Responsibility
DEV23-0079
/Monitoring
Vesting Tentative Tract Map 3229
PS: Planning Services
BL: Business License
BS: Building Services
Master Plan of Development/Conditional Use Permit
GP: Grading Permit
FD: Fire Department
Dove Creek Commercial Development
BP: Building Permit
FI: Final Inspection
PD: Police Deparhnent
CE: City Engineer
TO: Temporary Occupancy
WW: Wastewater
F0: Final Occupancy
CA: City Attorney
APN 045-331-014
41. Applicant shall have the map reviewed by the public utility
FM
CE
providers for power, telephone, gas, cable TV, and the
Atascadero Mutual Water Company. The Applicant shall
obtain a letter from each utility company stating that the
easements and rights-of-way shown on the map for public
utility purposes are acceptable
42. Documents that the City of Atascadero requires to be recorded
FM
CE
concurrently with the final map shall be listed on the certificate
sheet of the final map.
43. The applicant shall be responsible for the relocation and/or
BP/GP
CE
alteration of existing utilities as required by utility company or that
conflict with proposed work.
44. The applicant shall install all new utilities (water, gas, electric,
BP / GP
CE
cable TV and telephone) underground. Utilities shall be
extended to the property line frontage of each lot or its public
utility easement.
45. A final map drawn in substantial conformance with the approved
FM
CE
tentative tract map, and in compliance with all conditions set
forth herein, shall be submitted for review and approval in
accordance with the Subdivision Map Act and the City's
Subdivision Ordinance.
46. Prior to recording the vesting final map, the applicant shall either
FM
CE
bond for or set monuments at all new property corners. A
registered civil engineer licensed to perform land surveying or
licensed land surveyor shall submit written certification to City
Engineer that corners have been set or shall be set by a date
specific and that they will be sufficient to enable the survey to be
retraced.
FIRE DEPARTMENT PROJECT CONDITIONS
47. A minimum of 2 fire hydrants will be required to meet the fire flow
BP
FD
requirement for building #5.
48. Fire hydrants are to be located within 100 feet of each fire
BP
FD
department connection for each building.
Conditions of Approval
Timing
Responsibility
DEV23-0079
/Monitoring
Vesting Tentative Tract Map 3229
PS : Planning Se" es
BL: Business License
BS: Building Services
Master Plan of Development/Conditional Use Permit
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
Dove Creek Commercial Development
FI: Final Inspection
CE: City Engineer
TO: Temporary Occupancy
WW: Wastewater
F0: Final Occupancy
CA: City Attorney
APM 045-331-014
49. Fire hydrants shall be located on the same side of the street as
BP
FD
the fire department connections for each building.
50. A turning performance analysis as per Standard F-7 is required.
BP
FD
51. Provide fire flow calculations as per the 2022 CA Fire Code for
BP
FD
each building.
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§ 9-3.657 Establishment of Planned Development Overlay Zone No. 12 (PD12).
Planned Development Overlay Zone No. 12 is established as shown on the official zoning maps
(Section 9-1.102 of this title). A Planned Development Overlay Zone No. 12 is established on ail
parcels , k .UUZI, .., U11 5 56± UU , 4,
:331998, 945.991 991,045_342 995,04-5 _R42 994 045.342.013 045_342_09 045_242_004
0-45 R42— Q Q 2, @4;-V;2! O IFIWithin Tract ?(;?F inrhirlinp �v f itura hrli. it ^n thereof with a
tota' gross acreage of 63.3 acres. The maximum residential density within the planned
development shall not exceed 2-7-9 350 residential units.-, including a maximum base residential
density for the vacant commercial site at 71 residential units, consistent with the previous
environmental analysis for the project sitF A minimum of &31 19 acre 4 -commercial retail
u&e- ro ertN, and 27.7 acres of common and natural open space on the 63.3 -acre project site
shall be provided. The development standards contained within the master plan of development
document (CUP 2003-0099) ana Utvt3-00, , as conditioned shall be applied to all future
development within the project area, and as follows:
(a) The Vesting Tentative Tract Map (TTM 2003-0033) --ir1 Tantativa Tr;art neap (Trart ���9� and
any subsequent amendments for the site shall be consistent with CUP 2003-0099
DEV23-007 . All construction and development shall conform to the approved master plan
of development, as conditioned.
(b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent
with the approved master plan of development.
(c) The commercial area, residential dwelling units, landscaping, walls and fencing shall be
subject to review under the City's Appearance Review requirements consistent with the
approved master plan of development.
(d) Building setbacks lot sizes, landscape area, and lot coverage shall be as identified within the
approved master plan of development.
(e) Alterations or additions to established dwelling units shall be subject to the density and
development standards of the master plan of development.
(f) Subsequent amendments to the master plan of development shall be approved by Planning
Commission Resolution.
(g) The commercial center will retain the Commercial Retail zoning district designation. The
following allowable uses are proposed for this district within the PD12 overlay zone:
1) tirnsan rooa ana Proau(_L.
2) Bar / Tavern;
3) Farmer's Market;
(1) BFeadeast studies;
441 -Food and beverage retail sales;
5) General Retail,
(4) FuFnitwFe, hemefumishings and equipment;
Irl !_.,..eFal retia di -s , steges;
6 Indoor Recreation Services;
7) Mircobrewery / Brewpub;
8) Tasting Room;
9) Winery– Boutique;
{x}10 Temporary or seasonal sales;
kg}Llj Financial services;
(9) Wea4R
o
49412) Offices;
{ 144--S4 +`fig;
42}13 Temporary offices;
4-3}14L Personal services;
(14) Light
4-5}15 Eating and drinking places;
46�16 Membership organizations;
(- 17) Schools—business and vocational;
(29) Fa FF a n+ anal PI*eS•
(21) Fuel and wee .deale FS;
(x4L81 Hotels and motels;
(23) Skilled n i — f"i",
i
04419 Bed and breakfast;
(25) PuReFal r
r2cT
(2:7) I blit , seFyiese nteF,
{x$ZC' Libraries and museums;
(- Z] Temporary events.,
(h) The conditionally allowed uses within the Commercail Retail zone shall be limited to the
following:
1) Amusement Services;
2) Indoor Recreation Services
3) Multi -Family Dwelling
(i) residential and open space use shall be consistent with the requirements of the
underlying zoning district except as allowed by the master plan of development.