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HomeMy WebLinkAbout2009-014 RESOLUTION NO. 2009-014 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN AMENDMENT TO THE COMMERCIAL PORTION OF CONDITIONAL USE PERMIT 2003-0099 (MASTER PLAN OF DEVELOPMENT) FOR APN 045-331-014: SANTA BARBARA & EL CAMINO REAL (PMB Development Company) WHEREAS, an application has been received from PMB Development Company, 765 Haywood Drive #141, Petaluma, California, 94954, (Applicant), to consider a project consisting of amendments to the Dove Creek Commercial Center Master P'an of Development and PD-12 Overlay Zone T:xt (APN 045-431-014;; no. WHEREAS, the site s General Plan Designation is (MU) Mixed-Use: and, WHEREAS, the site s current zoning district is CR (Commercial Retail); and, WHEREAS, the City Council introduced an ordinance for first reading, by title only, that would amend PD-12 Overlay Zone Text to allow for an outdoor sales component for farm equipment and supply uses; and, r' WHEREAS, A Master Plan of Development was adopted for the Dove Creek development site in 2004 setting development standards for the construction of the residential and commercial portions of the project; 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 amendment 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 Zoning amendments; and. WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 3, 2009, studied and considered the proposed project; and, WHEREAS,the City Council of the City of Atascadero, at a duly noticed Public Hearing held on March 24, 2009 studied and considered the proposed project; and, NOW THEREFORE, the City Council of the City of Atascadero, California takes the following actions: SECTION 1. Findings for Approval of the Conditional Use Permit. The City Council finds as follows: City of Atascadero Resolution No. 2009-014 Page 2 of 16 low 1 The proposed project or use is consistent with the General Plan, and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD-12 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 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. 6 That the higher tower element will not result in substantial detrimental effects on the enjoyment and use of adjoining properties and that the modified height will not exceed the lifesaving equipment capabilities of the Fire Department. SECTION 2. Approval. The City Council of the City of Atascadero, California, in a regular session assembled on March 24, 2009, resolved to approve proposed commercial center amendments to Conditional Use Permit 2003-0099 (Dove Creek Master Plan of Development) subject to the following: EXHIBIT A. Conditions of Approval/Mitigation Monitoring EXHIBIT B Master Plan of Development EXHIBIT C Conceptual Grading and Drainage Plan EXHIBIT D Landscape Plan EXHIBIT E. Elevations EXHIBIT F Preliminary Floor Plans EXHIBIT G• Line of Sight Diagrams +rrr City of Atascadero Resolution No.2009-014 Page 3 of 16 On motion by Council Member O'Malley and seconded by Council Member Clay, the vow foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES Council Members Clay, Fonzi, Kelley, O'Malley and Mayor Beraud NOES None ABSENT None ABSTAIN None ADOPTED March 24, 2009 CITY OF ATASCADERO, CA Ellen Beraud, Mayor ATTEST am Marcia McClure Torgerson, C.M.C., C' Clerk APPROVED AS TO FORM. Brian A. Pierik, City Attorney aw City of Atascadero Resolution No. 2009-014 Page 4 of 16 EXHIBIT A:Conditions of Approval/Mitigation Monitoring Program �r Dove Creek(ZCH 2003-0049,ZCH 2004-0085) Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM Fuel Nip PS:Planning Services BL.Business License BS:Building Services Dove Creek Master Plan GP,Grading Penmil FD:Fre Department BPBuilding Permit PD:Police Department PD-12 FI:Final Inspecticn CE.City Engineer TO:Tenporary Occupancy WW:Wastewater ZCH 2003-0049/ZCH 2004-0085/CUP 2003-0099 FO:Final Occupancy Ca City Attorney Planning Services 1 The approval of this Master Plan of Development On-going PS Amendment shall become final and effective following City Council approval. 2. Precise design standards and guidelines for the On-going PS development of land are contained within the Dove Creek Master Plan of Development and supersede the City's existing zoning code,public works standards,and other regulations,with Conditions of Approval as listed. Where this plan is silent,City codes effective upon the date of adoption of the Master Plan of Development err shall apply 3. Approval of this Master Plan shall be valid for twenty- On-going PS four(24)months from the date of City Council approval. 4 The Community Development Department shall have On-going PS,CE the authority to approve the following minor changes to the project that(1)modify the site plan project by less than 10%,(2)result in a superior site design or appearance,and/or(3)address a construction design issue that is not substantive to the Master Plan. The Planning Commission shall have the final authority to approve any other changes to the Master Plan and any associated Tentative Maps. 5. All subsequent Tentative Tract Map and construction GP,BP PS,CE permits shall be consistent with the Master Plan of Development contained herein. 6. All conditions of the previous Master Plan of FM PS Development approval shall remain in full effect unless specifically amended by this resolution.Conditions contained in this resolution shall supersede any conflicting conditions in the original Master Plan of Development approval.This resolution of approval applies only to the commercial portion of the Dove Creek development. 7 Parking lot lighting shall consist of shielded `shoebox" BP PS style lighting.No light source shall be visible from the City of Atascadero Resolution No. 2009-014 Page 5 of 16 Conditions of Approval/ Timing Responsibility Mitigation am Mitigation Monitoring Program /Monitoring Measure Fhk Fred Map PS:Planning Services BL.Business License BS:Building Services Dove Creek Master Plan GP Grading Permit FD:Fire Department BP Building Permit PD:Police Department PD-12 FI:Final Inspection CE,City Engineer TO:Tenporary Occupancy WW:Wasteveter ZCH 2003-0049/ZCH 20040085/CUP 2003-0099 FO:Final Occupancy CA CityAttomey adjacent residences.Security lighting shall be fully shielded. No light spillage off-site shall be permitted. Maximum pole height shall be 20-feet. 8. All commercial site work,grading and site BP PS improvements shall be consistent with the amended commercial Master Plan of Development and as shown in the site amenities plan(EXHIBIT B C and D) subject to the following: • The parking aisle without wheelstops shall be redesigned to allow for regular car parking,providing overflow 'pull-through"spaces as necessary 9 A final landscape,irrigation plan,and native tree BP PS replacement plan shall be approved as part of the commercial building permit process. ■ All trash and recycling bins,exterior meters,and mechanical equipment shall be screened with landscape material. wtir • Shade trees shall be provided throughout the parking lot and shall be installed prior to final of the 1 si commercial building. ■ All perimeter landscaping not located on the individual building pads shall be installed prior to final of the 1 at commercial building,unless infeasible due to construction requirements of the subsequent commercial buildings. ■ Landscape utilized to screen the outdoor sales area shall consist of evergreen trees and shrubs. • Vines shall be planted along the screen wall where planters are provided for additional screening of the outdoor sales area. ■ Landscaping shall include mature plants to provide better immediate screening opportunities and allow for faster growth of screening materials. 10 All exterior elevations and materials shall be consistent BP PS with EXHIBIT E1 E2,and E3,subject to the following: • Signage shall be permitted on the parking lot, EI Camino Real,and Santa Barbara facing facades only ilrllllr 0 Signage shall be located below the roofline—no roof City of Atascadero Resolution No. 2009-014 Page 6 of 16 Conditions of Approval/ Timing Responsibility Mitigation am Mitigation Monitoring Program /Monitoring Measure FM:Fuel Map PS:Planning Services BL.Business License BS:Building Services Dove Creek Master Plan GP Grading Permit FD:Fire Department BP,Building Permit PD:Police Department PD-12 Fl:Final Inspection CE.City Engineer TO:Tenporary Occupancy WW:Wastewater ZCH 2003-0049/ZCH 2004-00851 CUP 2003-0099 FO:Final Occupancy Ca Cityatomey mounted signage will be permitted. • All signage sizes shall comply with the Atascadero Municipal Code standards for commercial locations. • Signage locations shall be architecturally compatible with the buildings and scaled appropriately to the architectural building features. • Stucco shall be sand finish or smoother • Columns on building"C" 'F" and"G"shall incorporate double post columns consistent with buildings"D"and 'E" ■ Windows,false or real,shall be incorporated into Elevations#7 14,and 15,subject to staff approval. • Wood siding and/or additional brickwork shall be incorporated into the design of building"c"and the plaza facing facades of buildings 'F"and 'G" ttr 11 Trellis features shall be constructed of heavy timber BP PS materials and shall be painted or stained a natural wood tone color 12. Trellis features shall be added to elevations#8,6,and BP PS 14 13. The applicant shall work with staff on selection of BP PS building colors that provide consistency with the existing Dove Creek residences,subject to staff approval. 14 'Sidewalk Display"—large display items such as utility Ongoing PS vehicles shall be limited to the display area adjacent to both the building and the outdoor sales area. 15. The Commercial Center shall participate in a BP PS maintenance agreement with the appropriate entity for maintenance of the roads/portion of roads that will be used by commercial patrons.Insurance for these roads/portion of roads shall be shared by the Commercial Center as feasible. 16. Staff and the applicant shall work together to enhance BP PS the screening effectiveness of the outdoor sales area from the adjacent Dove Creek residents. r 17 The anchor tenant signage facing the Dove Creek Ongoing PS development shall be turned-off or dimmed after City of Atascadero Resolution No. 2009-014 Page 7 of 16 Conditions of Approval/ Timing Responsibility Mitigation Wall Mitigation Monitoring Program /Monitoring Measure FM Fn9l Map PS:Planning Services BL.Business License BS:Building Services Dove Creek Master P/an GPGrading Pent FD:Fire Department BP,Building Pemit PD:Police Department PD-12 FI:Final Inspection CE:City Engineer TO:Temporary Occupancy WW:Wastewater ZCH 2003-0049/ZCH 2004.0085/CUP 2003-0099 FO:Final Occupancy CA City Attorney business hours. 18. Delivery times shall be limited from 8am to 5pm Ongoing PS Monday through Friday 19 A deed notification shall be recorded against the BP PS property outlining the property maintenance requirements for the commercial center 20 The applicant shall work with staff and the post office to BP PS relocate the mailbox on Cashin Street to provide for increased resident safety as feasible. 21 The applicant shall work with staff to determine if red BP PS/CE curbs are necessary for safety and reduced commercial overflow parking. If found to be necessary the applicant shall be responsible for painting Cashin Street and Bliss Street curbs red as directed by the City Engineer/Public Works Director rr olirr City of Atascadero Resolution No. 2009-014 Page 8 of 16 EXHIBIT B: Master Plan of Development IEll Iaaaaa l;t {I � eil B � '< i & ilii UC T �91 .a 49ss il�� 4 EQ441 111 Ifill , �li J � � : i ,i 9(�6 P 6I'd i LU i W W CC Uj o; s 'moi LL - LU Q Z co LU t►d i // J i / \ W W c F— a ear City of Atascadero Resolution No. 2009-014 Page 9 of 16 irrr EXHIBIT C:Conceptual Grading and Drainage Plan z U III 0 CA H all i NM EM 'i NO, Lj . onz 11 11 4 C -1.......... .. ................ to f 1j, _v/ 4Y 5' ri lop 11Z City of Atascadero Resolution No. 2009-014 Page 10 of 16 EXHIBIT D: Landscape Plan eae CAI w+� T iZ1 '�1 t :1 4Lt l 4L �k_ i$! W r 11t '�. 4r . Q NOW V a ., &A p, I « W Y i UJI ,. Fes/ v �g�4 V. UJI - � W W u1 4 � City of Atascadero Resolution No. 2009-014 Page 11 of 16 EXHIBIT E1 Elevations h g w i 1i d IS V I J ill a , I F as aessa �a UJ #i R Vii y FU w. cc Fit g[[ U Uj IL LLI g-j > � W o H a �r.r City of Atascadero Resolution No. 2009-014 Page 12 of 16 EXHIBIT E2: Elevations 111 U" tIS lX! uFt�i�•! t�t '�gg iK ' � �� �� `L 13tl At4 C '. •.c�a bi..ulu ��� tr F i .8 �� 9'��C � �� 3�' r ° P, IIP-�.^"" i u>� m 's: � ; ��` � � �y4,•&''�a' „yip Y �S 4" _ _ CC W lit 4 t MH a ,t J4 'I i iE4 AC UJ ' 6 cc I' Z it*14fl © w i 11 co (_Jj U.1 s H a titr.i City of Atascadero Resolution No. 2009-014 Page 13 of 16 EXHIBIT E3: Elevations err i W G �i4 i tD u F Qj 3.� ;ei alt .It 1 Hid �e I# k w ' cc �€ t s' t I 0 J; I f W f ? 1 +a¢a � I W 4 t i k l la I U. g ' z W � Ui W 4 N a +rrr City of Atascadero Resolution No. 2009-014 Page 14 of 16 +rr EXHIBIT F1 Preliminary Floor Plans Or z w l,al�(f IS� `illI�legt g61 U i+�'1+i ',9}}F l eaaaa Il�u;}! iO8e6�kE UC ia1�al1 lip=f: [ i R Z. �E r--- --------------- ----------------- - -�- - - O oI III of U I ISI - I i t � I I ■ a IIIA t - A h o W i a ' O W a I a ..a > W W c H a City of Atascadero Resolution No. 2009-014 Page 15 of 16 r EXHIBIT F2: Preliminary Floor Plans fit 5 ] UC I � r o t V1 Z e ---- ---------- -- ------ -- U ALl y. dols Ww W ` MWM i V K W I -- ------- - w > a ------------- U. ILI FEI --- ---- LU ; I 'W^ a 8J j W W c H a w City of Atascadero Resolution No. 2009-014 Page 16 of 16 rr EXHIBIT G: Line of Sight Diagrams p 5 H� ti ji N VIII lFj�t iE€€ i i d !!1j�!i W 9! ilii n ! i S (! 9 r icaaaa ii�lto i $! E 6 .'< f I�lj UC 1 si €li v/ iry _ � W t f I {r Y i I I O } y ' LV 1 I ; } r W Uj LLI r k�•---i::r Q 01 ':. i LLLU O iL W Ly J �! ' W cc ! i > w ;; LV 0