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Home My WebLink About2008-003RESOLUTION NO. 2008-003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA UPHOLDING THE PLANNING COMMISSIONS CERTIFICATION OF PROPOSED MITIGATED NEGATIVE DECLARATION 2007-0025 AND APPROVAL OF PLN 2007-1230 (CONDITIONAL USE PERMIT 2007-0217) ON APN 030-081-046 7085 El Camino Real (Atascadero Enterprises, LLC) WHEREAS, an application has been received from Atascadero Enterprises, LLC., 2505 Theatre Dr. Ste. A, Paso Robles, CA 93446, (Owner) and CKE Restaurants, Inc., 401 W. Carl Karcher Way, Anaheim, CA 92801, (Applicant) to consider a project consisting of a Conditional Use Permit (CUP 2007-0217) for a drive-through restaurant at 7085 El Camino Real (APN 030- 081-046); and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); and, WHEREAS, the site's current zoning district is Commercial Retail (CR); and, WHEREAS, Drive-through restaurants are a Conditional Use in the Commercial Retail zone; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2007-0025 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject 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 application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on December 18, 2007, approved the Conditional Use Permit 2007-0217, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, WHEREAS, an appeal of the project was received within the 14 day project appeal period by Commissioner Pam Heatherington, and, City of Atascadero Resolution No. 2008-003 Page 2 of 15 WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on January 22, 2008, studied and considered the Conditional Use Permit 2007-0217, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings upholding Planning Commission's certification of the Proposed Mitigated Negative Declaration. The City Council finds as follows: 1. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project's mitigation monitoring program as conditions of approval; and, 2. The project will not achieve short-term to the disadvantage of long term environmental goals; and, 3. The project does not have impacts which are individually limited, but cumulatively considerable; and, 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings upholding Planning Commission's approval of Conditional Use Permit 2007-0217. The City Council finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 1 1 1 1 City of Atascadero Resolution No. 2008-003 Page 3 of 15 SECTION 3. Approval. The City Council of the City of Atascadero, in a regular session assembled on January 22, 2008, resolved to uphold the Planning Commission's approval of Conditional Use Permit 2007-0217 subject to the following: EXHIBIT A: Proposed Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Landscape Plan EXHIBIT E: Floor Plans EXHIBIT F: Elevations EXHIBIT G: Color and Materials Board On motion by Council Member Clay and seconded by Council Member O'Malley, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Clay, O'Malley and Mayor Brennler NOES: Council Member Beraud ABSENT: Council Member Luna ADOPTED: January 22, 2008 CIT OF AS DERO B ike Brennler, Mayor ATTEST: All / , Marcia McClure Torgerson, C.M.C., Cio Clerk APPRO AS T RM: t C Brian Pierik, City Attorney 1 1 1 City of Atascadero Resolution No. 2008-003 Page 4 of 15 Exhibit A Proposed Mitigated Negative Declaration 2005-0047 Due to the length of Exhibit A, it is not included as an attachment. It may be viewed in its entirety in the Office of the City Clerk. 1 1 1 City of Atascadero Resolution No. 2008-003 Page 5 of 15 EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program Conditional Use Permit 2007-0217 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services License BS: Building Services 7085 El Camino Rea/ GP: Grading FD: Fire Department Conditional Use Permit Penn) BP: Building PD: Police Department CE: City Engineer PLN 2007-1230/CUP 2007-0217 Permit FI: Final ewater WW: ClyAWasttorney CA City Attorney Inspection TO:Tenporary Occupancy F0: Final Occupancy Planning Services 1. This Conditional Use Permit shall be for a drive-through restaurant and FM PS associated site improvements as described on the attached exhibits and located on parcel 030-081-046 regardless of owner. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BP/FM PS, CE 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 Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months BP/FM PS 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. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. All subsequent Tentative Map and construction permits shall be consistent BP/FM PS, CE with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials, and colors shall be consistent with BP PS the Master Plan of Development as shown in EXHIBIT C, D and F with the following modifications: ■ All exterior material finishes shall be durable, high quality, and consistent with the architectural appearance. ■ All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped 1 1 1 City of Atascadero Resolution No. 2008-003 Page 6 of 15 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services License BS: Building Services 7085 El Camino Rea/ GP: Grading FD: Fire Departrnent Permit PD: Police Department Conditional Use Permit BP: Building CE: City Engineer PLN 2007-1230/CUP 2007-0217 Permit FI: Final WW: Wastewater CA C4Altomey Inspection TO: Temporary Occupancy' F0: Final Occuparp enclosures; • Any exterior light fixtures shall be compatible with building design, subject to staff approval. ■ The stone veneer on the tower elements shall extend to the top of the awnings and shall include a decorative cap. ■ The stone veneer base shall be a minimum of 3.5 -feet high and shall include a decorative cap. • The parapet cap/trim molding shall be decorative in nature and shall be subject to staff approval. ■ The tower roofs shall overhang a minimum of 2 -feet. All portions of the roof (tile, rafter tails, etc) shall extend this distance. • Accent banding shall be consistent with the parapet cap, subject to staff approval. ■ Final color selection shall include compatible earth toned colors, subject to staff approval. Colors shall be consistent with the approved adjacent building. 8. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT C and D, and shall include the following: ■ Outdoor eating/patio area shall include a minimum of 2 high quality tables with chairs and shall be installed prior to final. ■ The retaining wall along the sidewalk shall be clad in stone veneer to match the building base. 9. A final landscape and irrigation plan shall be approved prior to the issuance BP PS, BS of building permits and included as part of site improvement plan consistent with EXHIBIT D, and as follows: • All exterior meters, air conditioning units, and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ A minimum of one shade tree shall be provided along the EI Camino 1 1 1 City of Atascadero Resolution No. 2008-003 Page 7 of 15 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services License BS: Building Services 7085 El Camino Rea/ GP: Grading FD: Fire Department Permit PD: Police Department Conditional Use Permit BP: Building CE: City Eng near PLN 2007-1230/CUP 2007-0217 Permit FI: Final WW: Wastewater CA CityAtfomey Inspection TO: Temporary Occupancy F0: Final Occupancy Real frontage within the proposed patio area. ■ Street and landscape trees shall be minimum 15 -gallon size and double staked. ■ All landscaping shall be drought tolerant or shall consist of ornamental grasses for screening including along the drive-through side of the building and around the proposed trash enclosure. Grasses shall also be included along the drive-through side retaining wall planter. ■ The retaining wall along the drive-through side shall be constructed of dark color split face block or similar 10. The developer and/or subsequent owner shall assume responsibility for the GP PS continued maintenance of all landscape and common areas, consistent with BP EXHIBIT D. 11. The monument sign shall include materials and colors compatible with the approved building design, including a stone veneer base and decorative cap, subject to staff approval. 12. The main distribution panel shall be exterior type and shall not be located within an enclosure that limits the accessibility of the site or minimizes proposed landscaping. 13. The drive-through signage shall be located in the larger planter areas adjacent to the rear property line, subject to staff approval. No signage shall be located on neighboring properties without permission from the adjacent property owner. 14. All signage shall conform to the maximum sizes prescribed by the Atascadero Municipal Code. Public Works Conditions Public Improvements: 15. There will be a two -foot wide planter in front of the retaining wall adjacent to EI Camino real. The planter must be installed on the applicant's property. The public works director may allow the planter to be in the right-of-way of the applicant can show that it is totally infeasible to locate the planter on their property. Irrigation water will not be allowed to drain across the sidewalk. All irrigation, regardless of the location of the planter, will be supplied by the applicant in perpetuity. 1 City of Atascadero Resolution No. 2008-003 Page 8 of 15 Conditions of Approval / riming Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL; Business License PS: Planning Services BS: Building Services 7085 El Camino Rea/ GP: Grading FD: Fre Department Conditional Use Permit Pernh BP: Building PD: Police Department CE: City Engineer PLN 2007-1230/CUP 2007-0217 Perri t FI: Final WW: Wastewater CA C4Altomey Inspection TO: Tenporary Occuparq F0: Final Occupancy Standard Conditions: 16. The applicant shall be responsible for the protection, relocation and/or alteration of existing utilities. 17. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. 18. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 19. Prior to issuance of building permits, the applicant shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 20. Prior to the final inspection, all outstanding plan check and inspection fees shall be paid. 21. Prior to the final inspection, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC). Mitigation Measures Mitigation Measure 1.d.1: All exterior lighting, including parking lot lighting, BP BS, PS, CE 1.0 shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type with design compatible with the planned downtown gateway designation, subject to staff approval. Mitigation Measure 3.b.1: No person shall engage in any construction or BP BS, PS, CE 1.c.2 grading operation on property where the area to be disturbed is one (1.0) acre or less, unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; 1 1 City of Atascadero Resolution No. 2008-003 Page 9 of 15 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services License BS: Building Services 7085 El Camino Rea/ GP: Grading FD: Fire Department Permit PD: Police Department Conditional Use Permit BP: Building CE: City Engineer PLN 2007-1230/CUP 2007-0217 Fel: Fi FI: Final WW: Wastewater CA City Attorney Inspection TO: Tenporary Occupancy F0: Final Occupancy (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. Mitigation Measure 6.b.1: The grading permit application plans shall include BP BS, PS, CE 1.d.1 erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be submitted with a BP, GP BS, PS, CE 3.b.1 future building permit by the building department. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all GP PS, BS, CE 6.b.1 contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 15.d.1: All traffic control design features required by the BP, GP PS, BS, CE 6.c.1 project traffic engineer and the City Engineer will be implemented during the building permit process. Ingress and egress will be limited to right -in, right -out movements only. Additional Mitigation Measure: The restaurant buiding shall be construction with BP BS. PS energy efficiency standards 10% above the current Title 24 standard. Bike racks shall be provided for the Drive -Through Restaurant building BP BS, PS �7 L 1 1 City of Atascadero Resolution No. 2008-003 Page 10 of 15 EXHIBIT C: Master Plan of Development/Site Plan CEIVED NOV 2 2007 ff COMMUNITY CIEVELOPMENT b qac it I is n L i k � i i t t 1 R ins �4� z N- T24 CW � _T II 1 City of Atascadero Resolution No. 2008-003 Page 11 of 15 EXHIBIT D: Landscape Plan F PLANT LECD,ID •� ih 1(�� TREE SYMBO „ _ a. I � t 0 � 1 l , I� WO M, WTr[i b 11111 Y SHRUB/PERE -_SYMBOLS i i V I �--U.. lNnC9rE4� •--�•�_ n0 C4wow r:wt -'f. 1 1 V�� V OTR�r,Mi SE (q�iN"zH5 j / N vww tcr.+�xrtrouw. I l p .MINK (Y'rK-pw�5 'Cat11NGrfN� ^� ♦ J I S I b tE� y1gY g3_IG _ .. i t l I \\ I U.. N Y � � -7 1 1 1 City of Atascadero Resolution No. 2008-003 Page 12 of 15 EXHIBIT E: Floor Plan ClT VEPifiKW-VROTUMt /2i. C&1 2W7 I� pETAA9 M Drib YI4 A u.I.riN. CA iYpl _ I _ w 'i 4 �4 I i 3s w fjj Y N ClT VEPifiKW-VROTUMt /2i. C&1 2W7 I� pETAA9 M Drib YI4 A u.I.riN. CA iYpl C 1 1 1 1 1 City of Atascadero Resolution No. 2008-003 Page 13 of 15 EXHIBIT F: Elevations 4A r� �{{CI i� t int , ".. Al ' SES ��l t it rite r s u 1 1 City of Atascadero Resolution No. 2008-003 Page 14 of 15 EXHIBIT F: Elevations GM YFASION-PROTOTYPE T24 .', Z�•�I 3�UiU D a�G�' exirliKJR jl rJ LLi�`'dYkw CKE� ,„' a __s p' # i 1 [YEvaT1fM3 d ��n� M� n �'r C� I I y s i a nETutS sena w• fill u._,urao �p:ll ( I i{. 4 l { _ lip Hill l rx ri GM YFASION-PROTOTYPE T24 .', Z�•�I 3�UiU D a�G�' exirliKJR jl rJ LLi�`'dYkw CKE� ,„' a __s p' # i 1 [YEvaT1fM3 d ��n� M� n �'r C� I I y s i a nETutS sena w• fill u._,urao City ofAtmacodero Resolution No. 2OO8'OU3 Page 15of1S EXHIBIT G: Color and Materials Board See project file for specific proposed color selections kill IT 'IT5 See project file for specific proposed color selections RESO No. 2008-003 Exhibit A Proposed Mitigated Negative Declaration RECEIVED CITE' OF ATASCADERO NOV (� (r 2007 .IUUkE L. RODEWALD COMMUNITY DEVELOPMENT DEPARTMENT county BUv DepNN CITY OF ATASCADERO NOTICE OF INTENT TO ADOPT MITIGATED NEGATIVE DECLARATION AND PLANNING COMMISSION PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Atascadero Planning Commission will be holding a public hearing to consider the following project and environmental determination. The public is encouraged to attend. Applicant: CKE Restaurants Inc, 401 W. Carl Karcher Way, Anaheim, CA 92801 Phone: 714-865-3505 Project Title: Carl's Jr Drive-through restaurant— PLN 2007-1230 Project 7085 El Camino Real Location: APN 030-081-008 Project The proposed project consists of an application for a Conditional Use Permit (CUP) to allow a drive - Description: through restaurant on a currently vacant commercial pad in an existing shopping center. The proposed restaurant will share the site with the previously approved Lube -n -Go facility, which is currently under construction. No native trees are proposed for removal and the project will take access from El Camino Real and off a shared access easement on the adjacent shopping center parcel. The access driveway off of EI Camino Real will be shared with the Lube -n -Go facility. An exit only driveway is proposed for the drive-through component of the restaurant onto El Camino Real. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) Environmental Begins: November 9, 2007 Review Dates: Ends: November 28, 2007 Tentative December 4, 2007 Hearing Date: To seethe entire Environmental Document, go to: www.atascadero.org/Community Development/Permit Center Online/ Environmental Docs. Hearing City Hall Council Chambers, 7:00 p.m. Location: 6907 EI Camino Real, Atascadero, CA 93422 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review from Determination: 11/9/07 through 11/28/07 at 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Any interested person may review the proposed Mitigated Negative Declaration and project files. Questions should be directed to Kelly Gleason, Senior Planner 470-3436. G. McHarris, Deputy Community Development Director to PLN 2007-1230 MND Print Dam: 11/09/07297 PM 6907 EL CAMINO REAL • ATASCADERO, CA 93422 • (805) 461-5000 • FAX 461-7612 CITY OF ATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION #2007-0025 6907 El Camino Real Atascadero, CA 93422 805/461-5000 Applicant: CKE Restaurants Inc, 401 W. Carl Karcher Way, Anaheim, CA 92801 Phone: 714-865-3505 Project Title: Carl's Ir Drive-through restaurant — PLN 2007-1230 Project 7085 El Camino Real Location: APN 030-081-008 Project The proposed project consists of an application for a Conditional Use Permit (CUP) to allow a drive - Description: through restaurant on a currently vacant commercial pad in an existing shopping center. The proposed restaurant will share the site with the previously approved Lube -n -Go facility, which is currently under construction. No native trees are proposed for removal and the project will take access from El Camino Real and off a shared access easement on the adjacent shopping center parcel. The access driveway off of EI Camino Real will be shared with the Lube -n -Go facility. An exit only driveway is proposed for the drive-through component of the restaurant onto El Camino Real. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short -temp to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination: Based on the above findings, and the information contained in the initial study 2005-0002 (made a part hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project (see attachment). Prepared By: Steve McNarris, Deput)7 Community Development Director Date Posted: November 9, 2007 Public Review Ends: November 28, 2007 Attachments: Location Map Aerial Site Plan Elevations Grading and Drainage Plan Initial Study 2007-0025 PIN 2007-1210 MND Print Enc: I IA%072b7 PM 6907 EL CAMINO REAL • ATASCADERO, CA 93422 • (805) 461-5000 • FAX 461-7612 CITY OF ATASCADER0 �. INITIAL STUDY 2007-0025 ENVIRONMENTAL CHECKLIST FORM Environmental Review 2007-0025 Applicant: CKE Restaurants Inc, 401 W. Carl Karcher Way, Anaheim, CA 92801 Phone: 714-865-3505 Project Title: Carl's Jr Drive-through restaurant— PLN 2007-1230 Project 7085 El Camino Real Location: APN 030-081-008 Project The proposed project consists of an application for a Conditional Use Permit (CUP) to allow a drive - Description: through restaurant on a currently vacant commercial pad in an existing shopping center. The proposed Designation: restaurant will share the site with the previously approved Lube -n -Go facility, which is currently under Zoning: construction. No native trees are proposed for removal and the project will take access from El Camino Surrounding Land Real and off a shared access easement on the adjacent shopping center parcel. The access driveway off of Uses and Setting: El Camino Real will be shared with the Lube -n -Go facility. An exit only driveway is proposed for the drive-through component of the restaurant onto El Camino Real. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) Lead Agency Name City of Atascadero and Address: 6907 El Camino Real, Atascadero, CA 93422 Contact Person and Kelly Gleason, Senior Planner Phone Number: City of Atascadero, 6907 El Camino Real Atascadero, CA 93422 General Plan GC (General Commercial) Designation: Zoning: CR (Commercial Retail) Surrounding Land North: CR (Commercial Retail), State Highway 41 Uses and Setting: South: CR (Commercial Retail) West: U.S. Highway 101 East: CR (Commercial Retail) Other public None agencies whose approval is required (e.g., permits, financing approval, or participation agreement) 11109107 PLN 2007-1230 MND Attachment 1 Location Map CITY OF ATAS CADER O INITIAL STUDY 11109/07 PLN 2007.1230 MND a � -y A y tgg•. ,�� ,i n.rr I C I .i_ ¢ � :'!�' f^'S z;a ,J ��".^�'�.rF �r s s ir�N s r "Ell �- �•1 r� tr„7-� . 4y � ti � � r j �tiy� si'� ,b�" � S'd.�- "7 's t 7 J! ('�sry Z Fcf - s (J-•� J f - 1 5. ;r ft `� k l• - ''� r'n` + / r s Lv t!f • k31 "W 174 Q s� f WE Proiect Site r, rx ?may F� 5, 'f r�ry� r Nin .,,r'.�p s.�'�i ; °� _ I \ + ` �c.., .. _ __ s11�i•'�/ .� if '1�1 ••py WJE VS f'I t+ �4 J• y •tW ` v,1ln(' 4 W)&ti. 6, ! _l t r, 5 _ i I r., II; admx't�p:. Ott ikc•I: Attachment 3 Site Plan CITY OFATASCADERO INITIAL STUDY j= M-bU.3dkLO10Hd-NOIS1[aA7r3 d r r F ^,. '` 1R3WdOl3R30.AlIN(1WW�� 11/09107 PLN 2007-1230 MND cT' Attachment 4 Elevations 4Tb �. C 2 s9 M z� € GI(E VE,%VN-PR&TUtt#E ..n. -LW 2— 1 Ily1�l �r�ll 111 I I h� CITY OF ATASCADERO INITIAL STUDY 11/09/07 - PLN 2007-1230 MND •i`S`I ��f •.'t . 7 �({- �jlr. B tl • •r.ln„ i�,i B a- f 11/09/07 - PLN 2007-1230 MND If azca^.mn,:s:Q CITY OF ATASCADERO INITIAL STUDY Attachment 5 Grading and Drainage Plan a at a a a} E s�• ��`a anal �� ¢a� k � cb . a=�� gti Tu � it3E 'Bls� P. R! ► lPr� 3 iisil6�«eiigli siegii i� � g34��i59A 885iR'�?i:,�: Cl 'il Il�Q':a�"8 �� 8 ME 11/09/07 PLN 2007-1230 MND ��. I` .Fd`'i••.1'.a\`s4 pp (yam a- Dd•30Y.7SY/V i0 .11/.7 Ic zz.cc vl-• >erxlnr )nY OY]aY�SYly ol'•6 ]avGN��i11I 3b obinr:I V a00( Y9RYkbr q7 y ONIUMNION3 IIM� �f5 JNYdInY153d"'d'f S7NYJ H31B00 'f 3IM3 7Nl Y39Ndd/J/NJ N3NJNV,Y 711YJ NYId 30YIaYtlO i-ONIOVtl9'035Od011d .•'�' .i a at a a a} E s�• ��`a anal �� ¢a� k � cb . a=�� gti Tu � it3E 'Bls� P. R! ► lPr� 3 iisil6�«eiigli siegii i� � g34��i59A 885iR'�?i:,�: Cl 'il Il�Q':a�"8 �� 8 ME 11/09/07 PLN 2007-1230 MND CITY OFATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation [Monitoring Measure Mitigation Monitoring Program PLN 2007-1230/CUP 2007-0217 BP: Grading enrry BP: Building Parrtil PS: Planning B ser &S: Buildmp Services TO:Tenporary FD: FreDepaMrard 0-pency PD: Police Dapattnenl 7085 EI Camino Real F Final upasdon F0: Fnal Occrparxy WW:WasCty n¢neer WW: Waslaxatar CA: City Mmey �MV_itiqatrilonMeasure AMWC: Waler Corp. 1.c.1: The following landscape mitigations shall BP BS, PS, CE 1.c.1 apply: • The proposed landscape planter along EI Camino Real shall be expanded and enhanced with landscape screening. Proposed screen walls shall be complimentary in color and material to the proposed architectural theme. • The project landscaping shall include three street trees along EI Camino Real placed a minimum of 30 feet on center or at locations complimentary to the architectural design of the proposed buildings, subject to staff approval. • All proposed parking area trees shall be shade trees of 15 - gallon size and shall be double staked. Mitigation Measure 1.c.2: The proposed buildings shall include the use BP BS, P5, CE 1.c2 of paint and roof colors consistent with the architectural style and designed. Mitigation Measure 1 _d_1: If exterior parking lot lighting is proposed, it BP BS, PS, CE 1.d.1 shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type with design compatible with the planned downtown gateway designation, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply BP, GP BS, PS, CE 3.b.1 with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all. off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). 11/09107 PLN 2007-1230 MND CITY OF ATASCADERO INITIAL STLIDY Exhibit A Mitigation Monitoring Program PLN 2007-12301CUP 2007-0217 7085 EI Camino Real Timing CP: Grading PermA BP. Building Perrrk TO: Temporary Occupancy FI: Fnalinspeclion F0: Fml Occupancy Responsibility /Monitoring PS: Bubdi g Services BS:Butldnp Services FD: Poe DeparVnenl PD: Police Depaornanl CF CilyEngineo WW: Waslawaler CA Cily Anorney AMWC: Waler Conp. Mitigation Measure Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period_ • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. K Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of 11/09107 PLN 2007-1230 MND CITY OF ATASCADERO MTTAL STUDY Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PLN 2007-12301CUP 2007-0217 BP:Bubding anrAern-A BP: BuBdmg Pemd ES:BuRdingSrvices BS: Bmldng Services TO: Temporary FD: Fro Deparlmenl Occupancy PD: Porte Depanmenl 7085 EI Camino Real n: Fnalir padbn CE: Gky Engineer For FmelOccupancy WW Waslewalar CA City Anomey AMWC: Waler Conp. such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 6.b.1: The grading permit application plans shall GP PS, BS, CE 6.b.1 include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be BP, GP PS, BS, CE submitted with a future building permit by the building department. Mitigation Measure 7-d.1: Per the applicant's Phase II Report (RWQCB BP, GP PS, BS, CE 7.d.1 Case No, 537, the applicant shall notify the Regional Water Quality Control Board and San Luis Obispo County Division of Environmental Health Prior to site grading, excavation, de -watering, or installation of water wells. The notification shall include a statement that residua contamination exists on the property and list all mitigation actions to ensure compliance with site management requirements. In addition, any contaminated soil or groundwater removed from the site shall be handled and disposed of appropriately and under the direction of appropriate re ulato agency - enc -Mitigation Mitigation Measure 8.e.f.1: The developer is responsible for ensuring GP PS, BS, GE that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.c.1: The project shall reduce typical noises BP PS, BS, CE 11.c.1 associated with the facility through the use of low -noise equipment, especially associated with hydraulic equipment, washers, and air cannon dryers. Mitigation Measure 11.d.1: All construction activities shall comply with BP, GP PS, BS, CE 11.d.1 the City of Atascadero Noise Ordinance for hours of operation. Mitigation Measure 15.d.1: The project shall include a traffic study to BP, GP PS, BS, CE 15.d.1 identify project ingress and egress effects in relation to Cal trans improvements along EI Camino Real as well as existing and proposed U.S. Highway 101 northbound on and off ramps across from the project site. The study shall include consultation with Cal trans and the City Engineer and include recommendations designed to reduce potential significant impacts to a level of insignificance. Mitigation Measure 15.d.2: The project shall not utilize the northerly BP, GP PS, BS, CE 15.d.2 driveway for site access. This area of the project site shall be designed to include an expanded landscape planter with no through vehicle access to the site. 11/09/07 PLN 2007-1230 MND CITY OFATASCADERO INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Biological Resources ❑Hazards & Hazardous Materials ❑ Mineral Resources ❑ Public Services ❑ Utilities / Service Systems ❑ Agriculture Resources ❑ Cultural Resources ❑ Hydrology / Water Quality ❑ Noise On the basis of this initial evaluation: ❑ Recreation ❑ Air Quality ❑ Geology /Soils ❑ Land Use / Planning ❑ Population / Housing ❑ Transportation/Traffic ❑ Mandatory Findings of Significance ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment; and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant effect" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL. IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including -revisions or mitigation measures that are imposed upon the proposed project. Kelly i Senior 11109107 PLN 2007-1230 MND EVALUATION OF ENVIRONMENTAL IMPACTS: CITY OF ATASCADERO INITIAL STUDY 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a Lead Agency cites following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant hnpact" to a "Less than Significant h-ripact." The Lead Agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead Agencies are encouraged to incorporate into the checklist references information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached. Other sources used or individuals contacted should be cited in the discussion. 11/09/07 PLN 2007-1230 MND Initial Study 2007-0025 PLN 2007-1230 7085 EI Camino Real 1. AESTHETICS — Would the project: CITY OF ATASCADERO INITIAL STLIDY Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation a) Have a substantial adverse effect on a scenic vista? F] b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or El quality of the site and its surroundings? El 1:1 0 d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? SOURCES: Downtown Revitalization Plan Vision and Policy; Project Description; site and landscape plan. DISCUSSION: 1.a,b,c,d) The project site is not located within a scenic vista. The project site is located within a City of Atascadero study area for the downtown revitalization vision plan. The project is located adjacent to the planned U.S. Highway 101 north bound on and off ramp improvements and interchangelintersection of U.S. Highway 101 and State Highway 41 (Morro Road). The proposed building has been located with a patio area along EI Camino Real to maintain a pedestrian streetscape. Landscaping has been provided throughout the site. All lighting will be designed to minimize glare per the following mitigation measures: Mitigation Measure 1.d.1: All exterior lighting, including parking lot lighting, shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type with design compatible with the planned downtown gateway designation, subject to staff approval. 2. AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a El 1:1 0 Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? SOURCES: Land Use Element EIR; DISCUSSION 2.a.) The property is not shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of 11/09107 Page 12 PLN 2007-1230 MND Initial Study 2007-0025 PLN 2007-1230 7085 EI Camino Real CITY OF ATAS CADER O INITIAL STLIDY Potentially Less Than Less Than No Signlficant Significant with Significant Impact Impact Mitigation Impact Incorporation the California Resources Agency as prime farmland. 2.b.) The property is not under a Williamson Act contract. 2.c.) The project will not result in the conversion of farmland to non-agricultural uses. 3. AIR QUALITY — The significance criteria established by the Air Quality Control District in its CEQA Guidelines may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially F-1 ® I I to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any F1 criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant F-1 F1 F] concentrations? e) Create objectionable odors affecting a substantial number El El F1 of people? SOURCES: Air Pollution Control District (APCD) CEQA Air Quality Handbook, Project Description DISCUSSION: 3.a.b.c.) It is expected that this project will produce less than 101bs of emissions per day, thus, the project will not affect or produce any significant air pollutants after completion of construction_ Construction activities, including site grading may produce small quantities of air pollution, including dust and equipment exhaust. 3.d.) The construction of the restaurant and the associated on-site and public improvements will not concentrate pollutants. 3.e.) The construction of the restaurant and the associated on-site and public improvements will not create objectionable odors. Mitigation Measure 3.b.1: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the stars and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and 11/09107 Page 13 PLN 2007-1230 MND Initial Study 2007-0025 PLN 2007-1230 7085 EI Camino Real CITY OF ATASCADER0 INITIAL STUDY Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. 4. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or ❑ El habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat 11 Elor other sensitive natural community identified in local or El regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected ❑ ❑ wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native ❑ ❑ resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting ❑ ❑ biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat F1❑ ❑ Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? SOURCES: Project Description, Land Use Element EIR, Atascadero Tree Ordinance DISCUSSION: 4.a.) No sensitive species have been found near the site. 4.b.) The project will not involve construction in a riparian habitat. 4.c.) There are no wetlands on the project site. 4.d.) The Land Use Element EIR concludes that development within the city limits will not have a significant impact on wildlife or wildlife corridors. 4e.f.) The proposed project will not conflict with local policies or ordinances protecting biological resources nor will it conflict with any conservation plans. No native trees are proposed for removal. The following mitigation shall be in place before and during construction: 15. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of 1-1❑ a historical resource as defined in '15064.5? El /9 11/09,07 Page 14 PLN 2007-1230 MND CITY' OF ATASCAD ER O *I—M. INITIAL STUDY Initial Study 2007-0025 Potentially Less Than Less Than No Significant Significant with Significant Impact PLN 2007-1230 Impact Mitigation Impact Incorporation 7085 EI Camino Real b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred El 11 outside of formal cemeteries? SOURCES: Project Description -Photos; Planning Staff Site Visit; Land Use Element EIR; DISCUSSION: 5.a.b.c.d.) No known historical, archeological or cultural sites have been found or documented in the vicinity of the project. 6. GEOLOGY AND SOILS — Would the project: a) Expose people or structures to potential substantial El El adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated El 0 on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? El El iii) Seismic -related ground failure, including El liquefaction? iv) Landslides? El b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or El El that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B ® El El of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of F-1 1:1 F1 septic tanks or altemative wastewater disposal systems where sewers are not available for the disposal of wastewater? SOURCES: Project Descri.ption-Photos; Planning Staff Site Visit; Land Use Element EIR. DISCUSSION: 6.a.) The project is not located on any known earthquake faults. 11!09/07 Page 15 PLN 2007-1230 MND Initial Study 2007-0025 PLN 2007-1230 7085 EI Camino Real CITY OF ATASCADER O INITIAL STLIDY Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation 6.b.) Construction activities on the site will be required to comply with sedimentation and erosion control measures prescribed by the city engineer. 6.c.d.e_) Soil conditions will be reviewed during building permit review in accordance with the municipal code. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. The property contains no unusual geological formations. Project will connect to City sewer. Mitigation Measure 6.b.1: The grading permit application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be submitted with a future building permit by the building department. 7. HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people living or working in the project area? f) For a project within the vicinity of a private airstrip, would ❑ the project result in a safety hazard for people living or working in the project area? g) Impair implementation of or physically interfere with an ❑ adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, ❑ injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? SOURCES: Project description, General Plan Land Use Element; Planning Staff Site Visit;. 11/09107 Page 16 PLN 2007-1230 MND Initial Study 2007-0025 PLN 2007-1230 7085 EI Camino Real CITY OF ATASCADERO INITIAL S7UDY Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation DISCUSSION 7a.b.c.) The project is not anticipated to generate or involve use of significant amounts of hazardous materials. There are no known hazardous materials on the site or nearby. 7.d.) The property was formerly operated as a gasoline service station. A Phase II Report (RWQCB Case No. 537) was completed for the project currently under construction on the site. Based on this report, no further site investigation or corrective action is required related to the previous petroleum release at the site. The proposed drive- through restaurant will be constructed on a pre -graded pad completed by the current owner of the parcel. All impacts have been previously reviewed and will not effect this application. 7e.f.) The property is not near an airport. 7g.h.) The site is within the Fire Department's five-minute or less response area. 8. HYDROLOGY AND WATER QUALITY — Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of previously -existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the El ® 0 11 capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ® El g) Place housing within a 100 -year flood hazard area as El El EJ 1XI mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? 1:1 El El 11/09/07 Page 17 PLN 2007-1230 MND Initial Study 2007-0025 PLN 2007-1230 7085 EI Camino Real CITY OF ATASCADERO INITIAL STUDY Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation SOURCES: Project description, Flood Insurance Rate Map 060700 0004 B (1120182); bitelLanoscaping clan, Planning Staff Site Visit; DISCUSSION: 8a.) The construction will not violate water quality standards. 8b.) The project will not deplete ground water supplies. Water will be provided by Atascadero Mutual Water Company. 8c.d.e.f.) The project will not alter any drainage course. Construction activities are subject to review for compliance with City drainage and grading regulations. Drainage will not be permitted to create or intensify any hazards for persons or property in the vicinity. 8.g.h.i.) Future residential uses will be outside of the 100 -year flood hazard area. 8.i.j.) The project area is not subject to innundation by a tsunami. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. 9. LAND USE AND PLANNING - Would the project a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or El El community conservation plan? SOURCES: General Plan Land Use Element; General Plan Circulation Element; General Plan Land Use Element EIR; Downtown Revitalization Plan Vision and Policy; Project Description and Project Plans. DISCUSSION: 9.a.) The project will not physically divide an established community. 9.b.) The project site is not located within a scenic vista. The project site is located within a City of Atascadero study area for the downtown revitalization vision plan. The project is located adjacent to the planned U.S. Highway 101 north bound on and off ramp improvements and interchange/intersection of U.S. Highway 101 and State Highway 41 (Morro Road. Mercedes Road). 9.c.) The project is consistent with the open space and conservation policies identified in the General Plan. 10. MINERAL RESOURCES -- Would the project a) Result in the loss of availability of a known mineral El El 0 resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally -important El 1-1 F mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? SOURCES: Project Description -Photos; Planning Staff Site Visit. Page 18 PLN 2007-1230 MND 11/09107 CITY OF ATASCADERO =IAL STUDY Initial Study 2007-0025 Potentially Less Than Less Than No Significant Significant with Significant Impact PLN 2007-1230 Impact Mitigation Impact 7085 EI Camino Real Incorporation DISCUSSION: 10.a.b.) No mining is proposed as a part of this project. No known mineral resources have been identified in the area. 11. NOISE -- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ❑ ground -borne vibration or ground-bome noise levels? c) A substantial permanent increase in ambient noise levels ® ❑ in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient ® ❑ noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, El 1:1 1:1where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would Elthe project expose people living or working in the project area to excessive noise levels? SOURCES: Project description, Noise Element, Noise Ordinance, Acoustical Design Manual. DISCUSSION: 11 a.b.c.d.) Construction is expected to involve some heavy machinery and use of impact tools that make noise. The Atascadero Municipal Code governs construction noise levels for all construction projects. Noise levels on the site are thus expected to be raised temporarily. The proposed drive-through restaurant is located in an existing commercial shopping center and isnot expected to generate a substantial increase in noise levels. Ongoing noise from the project is in character with the commercial zoning designation and the existing commercial development in the project vicinity. 11.e.f.) The project is not located within an airport land use plan or private airstrip. 12. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either ❑ directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? El L�J SOURCES: Project description, General Plan Land Use Element 11/09/07 Page 19 PLN 2007-1230 MND Initial Study 2007-0025 PLN 2007-1230 7085 EI Camino Real CITY OF ATAS CARER O INITIAL STUDY Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation DISCUSSION: 12.a,b,c. The General Plan identifies this site as general commercial. The development is an infill commercial project located along EI Camino Real within an existing commercial retail shopping center. The site is currently being developed with a quick lube facility and no housing or persons will be displaced. 13. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ® ❑ Police protection? ❑ ❑ ® ❑ Schools? ❑ ❑ ❑ Parks? � ❑ ❑ Other public facilities? ❑ ❑ auum%,ta: t-rolect oescrlptlon, Land Use Element EIR; DISCUSSION Development Impact Fees: Development Impact Fees will be required of any new project for which a building permit is issued. The concept of the impact fee program is to fund and sustain improvements which are needed as a result of new development as stated in the General Plan and other policy documents within the fee program. Development Impact Fees fall into the following categories: Drainage Fees; Streets, Road, Bridge Fees; Sewer Fees; Public Safety Fees; and Park Fees, Miscellaneous Fees. The amount of impact fees to be paid will be determined at the time of issuance of building permit. Fire and Police: Impact fees are charged for new development, to help pay the cost of providing new facilities to serve the expanding city. The Fire Department of the City of Atascadero has indicated that it will be able to adequately service the proposed project. The applicant shall comply with all requirements of the Fire Department. The City of Atascadero Police Department has also indicated that the proposed project poses no problems to the police to adequately service it. Other public facilities: The construction of the project is not expected to have significant impacts on any other public facilities. 14. RECREATION -- a) Would the project increase the use of existing ❑ ❑ ❑ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the // 11/o9/07 Page 20 PLN 2007-1230 MND Initial Study 2007-0025 PLN 2007-1230 7085 EI Camino Real facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? CITY OF ATASCADERO INITIAL STUDY Potentially Less Than Less Than Significant Significant with Significant Impact Mitigation Impact Incorporation SOURCES: Project description, Parks and Recreation Element; DISCUSSION: 14.a.) The proposed development will not increase demand on existing recreational facilities 14.b.) The project does not involve construction of recreational facilities. 15. TRANSPORTATIONITRAFFIC -- Would the project: No Impact // a) Cause an increase in traffic that is substantial in relation El ® F] to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? El F] f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs El 1:1 ❑ supporting alternative transportation (e.g., bus turnouts, bicycle racks)? SOURCES: Land Use Element, Circulation Element; Project Plans. DISCUSSION: 15a.b.) The Circulation Element (CE) anticipates an increase in new development in this area. The CE incorporates mitigation for effects from increased traffic. The proposed use is expected to take access from EI Camino Real where a commercial retail shopping center currently exists. Driveway locations and traffic controls such as right -in, right -out only devices were analyzed and implemented as part of the Lube -n -Go project. The project traffic consultant has prepared a design for the required pork chops to restrict movements onto EI Camino real from the project site. This design has been .incorporated into the project. 15.c.) No changes will occur to the air traffic patterns. 15.d_) The project has adequate sight distance onto EI Camino Real. Ingress and egress will be limited to right -in, right -out only turning movements. 15.e.) The project will have adequate emergency access from EI Camino Real. 15.f.) Adequate parking will be provided on-site based on the AMC requirements for the proposed use. 15.g_) The project does not conflict with adopted policies, plans, or programs supporting alternative transportation. 11/09/07 Page 21 PLN 2007-1230 MND f!anana'c,�s�si T Initial Study 2007-0025 PLN 2007-1230 7085 EI Camino Real CITY OFATASCADER0 INITIAL STUDY Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation Mitigation Measure 15.d.1: All traffic control design features required by the project traffic engineer and the City Engineer will be implemented during the building permit process. Ingress and egress will be limited to right -in, right - out movements only. 16. UTILITIES AND SERVICE SYSTEMS --Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality ❑ ❑ ❑ Control Board? b) Require or result in the construction of new water or wastewater treatment facilities ❑ or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water facilities ❑ ® El or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the from ❑ ❑ project existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves ❑ ❑ ❑ or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the ❑ project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? ❑ ❑ SOURCES: Project description, Land Use Element (LUE) EIR; Project Plans. DISCUSSION: Water: The Atascadero Mutual Water Company (AMWC) will provide water. All property within the city limits is entitled to water from the AMWC. The project is not expected to require significant quantities of water for the proposed uses. Water is pumped from two portions of the largest underground basin in the county, the Paso Robles Formation, using a series of shallow and deep wells. The water company anticipates that it will be able to meet the city's needs through buildout and beyond: Water demand at buildout under the LUE is estimated at about 8,500 acre-feet per year (AFY). The total available groundwater supply greatly exceeds demand, according to the findings of the Long -Term Viability of Water study. However, the water company does not currently have the deep wells needed to tap into the total amount needed at buildout. The water company is currently developing plans for installing wells where they will be most effective and will not conflict with water rights of others. According to the Water Company, development of additional wells is expected to keep pace with construction in the city, so that water supply will not be interrupted. Sewer. Sewer discharge will be handled by an on City sewer connection. 11/09107 Page 22 PLN 2007-1230 MND CITY OF ATASCADERO INITIAL STUDY Initial Study 2007-0025 Potentially Less Than Less Than No Significant Significant with Significant Impact PLN 2007-1230 Impact Mitigation Impact 7085 EI Camino Real Incorporation storm Wafer. On-site storm water drainage has been designed to flow Into the existing Morro Road drainage facilities. The existing facilities have been designed to handle run-off from this site at buildout. 17. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality ❑ E]of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually ❑ ❑ limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will ❑ ❑ Elcause substantial adverse effects on human beings, either directly or indirectly? DISCUSSION: The proposed project consists of an application for a Conditional Use Permit (CUP) for a drive- through restaurant. The project will be located adjacent to the recently approved Lube -n -Go facility which is currently under construction. The proposed restaurant will be constructed on a vacant commercial pad in an existing commercial shopping center. Access will be taken from EI Camino Real and shared parking and access will be provided between this site and the adjacent commercial property. SOURCES: General Plan Land Use Element, City of Atascadero, 2002 Zoning Ordinance, part of Municipal Code, City of Atascadero, as amended through 1999. Land Use Element Environmental Impact Report, Crawford, Multari, 8 Clark, adopted 2002 CEQA Handbook, Air Quality Control District, August 1995 General Plan Safety Element, City of Atascadero, 2002 General Plan Circulation Element, 2002 General Plan Noise Element, adopted 2002 Acoustical Design Manual, Brown-Buntin Associates, 1991 Noise Ordinance, City of Atascadero, 1992 Guide for Developers, Atascadero Fire Department, 1998 draft Flood Insurance Rate Map, community -panel number 060700 0004 B, Federal Emergency Management Agency, January 20, 1982 Trip Generation, Institute of Traffic Engineers Downtown Revitalization Plan Vision and Policy PROJECT -SPECIFIC SOURCES: Project description includes the following: ■ Architectural Plans: Leeka Architects ■ Grading and Drainage Plan, Eric Gobler ■ Landscape Plans: Gary Wishon 11/09107 Page 23 PW 2007.123o MND