HomeMy WebLinkAboutResolution 2013-058 RESOLUTION NO. 2013-058
RESOLUTION OF THE ATASCADEIRO
CITY COUNCIL APPROVING
AN AMENDMENT TO THE CONDITIONS OF APPROVAL
FOR THE COMMERCIAL PORTION OF
CONDITIONAL USE PERMIT 2003-0099
(MASTER PLAN OF DEVELOPMENT)
APN 045-331-014
SANTA BARBARA ROAD & EL CAMINO REAL
(Fortune Companies)
WHEREAS, an application has been received from Fortune Companies, 5423 Village Road,
Suite 200, Long Beach., CA 90808 (Applicant), to consider an amendment to Condition 410 of the
Dove Creek Commercial Center Master Plan of Development / conditional use permit and PD-12
Overlay Zone Text(APN 045-331-014); and,
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, A Master Pian of Development / conditional use permit 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 Master Plan of Development / conditional use permit was amended in
2009 with new development standards and conditions for the 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 conditional use
permit amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public
Hearing held on November 19, 2013, studied and considered the proposed project and recommend
approval of the amendment to the City Council ; and,
City of Atascadero
Resolution No. 2013-058
Page 2 of 16
WHERE,AS, a timely and properly noticed Public Hearing upon the subject Conditional Use
Permit amendment application was heldby the Atascadero City Council at which hearing evidence,
oral and documentary, was admitted on behalf of said conditional use permit amendments; and,
WHEREAS, the Atascadero City Council, at a duly noticed Public Hearing held on
December 10,2013, studied and considered the proposed project; and,
NOW, THEREFORE, the City Council of the City of Atascadero, California takes the
following actions:
SEC'T'ION 1. Findings for Approval of the Amendment to the Conditional Use Permit/
Master Plan of Development. The City Council finds as follows:
I. The proposed amendment is consistent with the General Plan; and,
2. The proposed amendment 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 amendment will not be inconsistent with the character or the immediate
neighborhood or contrary to.its orderly development; and,
5. That the proposed amendment 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,
SECTION 2. Approval. The City Council of the City of Atascadero, California, in a
regular session assembled on December 10, 2013, resolved to approve the proposed amendments to
Condition 410 of 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
City of Atascadero
Resolution No. 2013-058
Page 3 of 16
On motion by Council Member Kelley and seconded by Council Member Fonzi, the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Fonzi, Kelley and Moreno, Mayor Pro Tem Sturtevant and Mayor
O'Malley
NOES: None
ABSENT: None
ADOPTED: December 10,2013
CITY O TASCA ERO
Tom O' ��' ;May
ATTEST:
Marcia McClure I'orgerson, C.
City Clerk
APPROVED ASFORINT:
Brian A. PierW,City Attorney
City of Atascadero
Resolution No. 2013-058
Page 4 of 16
EXHIBIT A:Conditions of Approval I Mitigation Monitoring Program
Dove Creek(CUP 2003-0099)
Conditions of Approval I Timing Responsibility Mitigation
Mitigation Monitoring Program !Monitoring Measure
FM:FiTo)Mm PS:Planning Services
SL Business License BS:Bulding Services
Dove Creek Master Plan GP:Grading Permit FD:Fire Department
8P:Building Permit PD:PoliceDeparlment
PD-11 2 R: Building
CE:City Engineer
F0:Temporary WW:Wastewater
CUP 2003-0099 FO:Final Occupancy CA:Qt Attomey
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
shall apply.
3. The approved Master Plan of Development shall remain On-going PS
in effect indefinitely. All changes to the Master Plan of
Development shall be approved by the City Council.
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 overall Dove Creek 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
City of Atascadero
Resolution No. 2013-058
Page 5 of 16
Conditions of Approval Tinning Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
FM:Final map PS:Planning SeNicee
Bi:Business License BS:Buildng Services
Dove Creek Master Plan GP:Grating Permit FD:Fire Departrnent
SP:Building Perrot PD:Police Depatment
PD-12 Ft:Final Inspection CE:City Engineer
TO:Temporary Occupancy WW!Wastewater
CUP 2003-0099 FO:FinelOccupancy I CA:City Attorney
t
Creek development.
7. Parking lot lighting shall consist of shielded"shoebox" BP PS
style lighting. No light source shall be visible from the
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:
R The parking aisle without wheel stops 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.
• Shade trees shall be provided throughout the
parking lot and shall be installed prior to final of the
1"commercial building.
• All perimeter landscaping not located on the
individual building pads shall be installed prior to
final of the 15t 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.
10. The following condition amends Condition#10 of the On going PS
original Dove Creek Master Plan of Development.
a. Prior to map recordation,the applicant shall
deposit$400,000 to the City to be placed in an
interest bearing account. If a building permit for
a minimum of 45,000 square feet has not been
issued by July 1, 2006,the City shall withdraw
$40,000 from the account, ff, in each successive
City of Atascadero
Resolution No. 2013-058
Page 6 of 16
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Programa /Monitoring Measure
FM:AM Map PS:Planning Sernces
BL:Business License BS:Building Services
Dove Creels Master P laa GP:Grading Penrdt FD:Fire Depanirnent
BP:Building Pemvt PD:Police Department
P1342 FI:Fina(Inspec5on CE:CtyEnginm
TO:Temporary Occupancy WK wastewater
CUP 2003-00991 FO FnalOccupancy CkUyAttomey
year on July 1,2007 through July 1, 2015,a i
building permit has not been issued for a
minimum of 45,000 square feet,the City shall
withdraw$40,000. At such time that the building
permit is issued for a minimum of 45,000 square
feet,the remaining balance shall be refunded to
the applicant. Upon withdrawal of the full
$400,000 plus accrued interest, or in the
alternative the refund of any balance to the
applicant,this subdivision (a)shall be deemed to
be fulfilled and no additional deposits into the
account shall be sought by the City or made by
the applicant.
b. Prior to the City issuing any building permits to
the applicant or the applicant's successors or
assigns, an "Agreement to Terminate
Memorandum of Development Condition"shall
be executed by the applicant and the City and
recorded against all parcels subject to this
Condition 10.The subject agreement shall
include, but not be limited to, provisions
authorizing the City to draw down immediately
any funds remaining in the account set up
pursuant to subdivision (a)and releasing the
City's right to take the parcels subject to this
Condition as set forth in the existing
Memorandum of Development Condition
recorded against the parcels. The applicant shall I
pay the$4,080.00 in City legal expenses
incurred in preparation of this amendment.
c. The commercial parcel may be subdivided
into additional lots provided adequate access
and parking easements are recorded consistent
with the Master Plan of Development
11. 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, E[
Camino Real,and Santa Barbara facing facades
only.
® Signage shall be located below the roofline—no
roof mounted signage will be permitted.
® All signage sizes shall comply with the Atascadero
Municipal Code standards for commercial
City of Atascadero
Resolution No. 2013-058
Page 7 of 16
Conditions of Approval 1 Timing Responsibility Mitigation
Mitigation!Monitoring Program /Monitoring Measure
FM Rmd Fdip PS:Banning SerAoes
BL Business License BS:Budding Services
Dove Creek Master Plav OR Grading Permit FD:Fre Department
BP:B a`:ding Permit P0:Poice Department
P®-12 FI:Final Inspect on CE:City Engineer
TO:Temporary Occupancy WV7:Wastewater
CUP 2003-0099 F0:Fird Occupancy CA:City Adomey
locations.
ea Signage locations shall be architecturally I
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".
® All exterior colors,finishes and materials shall be
approved by the Planning Department prior to
permit issuance.
12. Trellis features shall be constructed of heavy timber BP PS
materials and shall be painted or stained a natural wood
tone color.
13. Trellis features shall be added to elevations#8,6,and BP PS
14.
14, 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.
15. "Sidewalk Display"—large display items such as utility
vehicles shall be limited to the display area adjacent to
both the building and the outdoor sales area.
i
16. Prior to the issuance of any building permits for
structures,the Commercial Center shall participate in a
maintenance agreement with the appropriate entity for I
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.
City of Atascadero
Resolution No. 2013-058
Page 8 of 16
EXHIBIT B-Master Plan of Development
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City of Atascadero
Resolution No.2013-058
Page 9 of 16
EXHIBIT Q Conceptual Grading and Drainage Plan
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City ofAtasuadem
Resolution No. 2O13-068
Page 1Oof16
City of Atascadero
Resolution No. 2013-058
Page 11 of 16
EXHIBIT El: Elevations
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Resolution No. 2013-058
Page 12 of 16
EXHIBIT E2. Elevations
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City of Atascadero
Resolution No. 2013-058
Page 13 of 16
EXHIORT E3.- Elevations
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Resolution No. 2013-055
Page 14 of 16
EXHIBIT FI.- Preliminary Floor Flaws
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City of Atascadero
Resolution No. 2013-058
Page 15 of 16
EXHIBIT F2- Preliminary Floor Plans
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City of Atascadero
Resolution No. 2013-058
Page 16 of 16
EXH1B9T G- Line of Sight Diagrams
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