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HomeMy WebLinkAbout2007-019 RESOLUTION NO. 2007-019 am RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2004-0137 AMENDMENT TO APPROVE 39400 SQUARE-FEET OF HEALTH CARE SERVICE USE LOCATED AT APN 056-081-032 (9700 El Camino Real — Jacobson) WHEREAS, an application has been received from Ted Jacobson (8055 Cristobal Avenue, Atascadero, Ca 93422) Applicant and Property Owner to consider an amendment to Conditional Use Permit 2004-0137 to establish health care services within the office portion of the development; and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); and, WHEREAS, the site's current zoning is Commercial Tourist(CT); and, WHEREAS, the Planning Commission has recommended that "health care services" be added as a conditional use within the Commercial Tourist (CT) zone; and, err WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2007-0002 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 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 Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 3, 2007, studied and considered the Conditional Use Permit 2004- 0137 Amendment, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on May 8, 2007, studied and considered Conditional Use Permit 2004-0137 Amendment, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, err City of Atascadero Resolution No. 2007-019 Page 2 of 11 NOW, THEREFORE, the City Council of the City of Atascadero takes the following err actions: SECTION 1. Findings for approval of Conditional Use Permit Amendment. 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. SECTION 2. Findings for shared on-site and peak-hour parking reduction. The City Council finds as follows: The characteristics of a use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by this title and that reduced parking will be adequate to accommodate on the site all parking needs generated by the use. SECTION 3. Approval. The City Council of the City of Atascadero, in a regular session assembled on May 8, 2007, resolved to approve Conditional Use Permit 2004-0137 Amendment subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan City of Atascadero Resolution No. 2007-019 Page 3 of 11 On motion by Council Member O'Malley and seconded by Council Member Clay, the r.. foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Beraud, Brennler, Clay, O'Malley and Mayor Luna NOES: None ABSENT: None ADOPTED: May 8, 2007 CITY O ATASCADERO By: Dr. Ge ge Luna, Mayor CITY ATTEST: Marcia McClure Torgerson, C.M.C., City, lerk irr APPROVED AS TO FORM: Patrick L. Eqighf, City Attorney City of Atascadero Resolution No. 2007-019 Page 4 of 11 EXHIBIT A:Conditions of Approval/Mitigation Monitoring Program rrlrr Master Plan of Development Amendment(CUP 20040137)-Health Care Services Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Services 9700 El Camino Real License FD:Fire Deparbnent GP:Grading PD:Police Department Master Plan of Development Amendment Penmd CE:City Engineer BP:Building WW:Wastewater CUP 20040137—Establishment of Health Care Services Pemd CA,City AUM FI:Final Inspection TO:Temporary OccWacy F0:Final Occupancy Planning Services 1. This conditional use permit shall be for 3,400 square-feet of health care Ongoing PS services medical offices located within the office portion of the development located at 9700 EI Camino Real as shown on Exhibit B. 2. The approval of this use permit shall become final and effective for the BP PS purposes of issuing building permits thirty(30)days following the second reading of ZCH application 2006-0130. �rrr 3. The Community Development Department shall have the authority to BP PS,BS,FD approve improvements associated with the building code requirements for covered drop-off areas and any other exterior,modifications related to the permitting of medial facilities subject to the following: • All improvements to the exterior of the building shall be architecturally compatible with the building architecture. • Any required covered canopy structure will be constructed of architectural columns and shall include a tiled roof consistent with the approved architecture. • Parking shall not be reduced to accommodate any required site improvements. • Driveway widths shall not be decreased and all improvements shall be reviewed by the City of Atascadero Fire Department. 4. Approval of this Conditional Use Permit shall be valid for twelve(12) 13P/ PS months after its effective date. At the end of the period,the approval Ongoing shall expire and become null and void unless the project has received a building permit for all necessary Tenant Improvements and/or a business license for a medical use. 5. The applicant shall defend, indemnify,and hold harmless the City of Ongoing Atascadero or its agents,officers,and employees against any claim or 01111111111 action brought to challenge an approval by the city,or any of its entities, City of Atascadero Resolution No. 2007-019 Page 5 of 11 Conditions of Approval/ Timing Responsibility Mitigation goo Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Bus ness BS:Building Se v rzs 9700 E/Camino Rea/ License FD:Fire Department GP:Grading PD:Police Depa anent Master Plan of Development Amendment Permit CE:City Engineer BP:Building WW:Wastewater CUP 20040137—Establishment of Health Care Services Permit CA CityAdomey FI:Final Inspection TO:Temporary Occupancy F0:Final Occupancy concerning the subdivision. Mitigation Measures Mitigation Measure 1.c.1: The following landscape mitigations shall apply: BP BS,PS,CE 1.0 ■ The project landscaping shall include street trees along the EI Camino Real and East Frontage Road frontage 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 of paint BP BS,PS,CE 1.c.2 and roof colors consistent with the architectural style as designed.The hotel building shall incorporate high quality brick veneer of a dark earth toned color as depicted on the attached elevation exhibit.The hotel building shall utilize darker earth toned accents and fagade colors,subject to staff approval. Awnings and/or similar accent features shall be included throughout the building facade and along the lower floor level to enhance the architectural appearance of the building and mitigate the proposed additional height. Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it shall be BP BS,PS,CE 1.d.1 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 and compatible with neighborhood setting,subject to staff approval. Mitigation Measure 3.b.1: BP,GP PS,CE 3.b.1 Naturally Occurring Asbestos(NOA)has been identified by the state Air Resources Board as a toxic air contaminant.Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM)for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site,the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying,and Surface Mining Operations. These requirements may include but are not limited to 1)an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2)an Asbestos Health and Safety Program will also be required for some projects. City of Atascadero Resolution No. 2007-019 Page 6 of 11 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Services 9700 El Camino Real License FD:Fire Departnenl GP:Grading PD:Police Depatnent Master Plan of Development Amendment Peal CE:City Engineer BP:Building WW:Wastewater CUP 20040137—Establishment of Health Care Services Permit CA City Attorney FI:Final Inspection TO:Temporary Occupancy FO:Final Occupancy Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP,GP BS,PS,CE 3.b.1 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). 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 planned 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 City of Atascadero Resolution No. 2007-019 Page 7 of 11 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Services 9700 El Camino Rea/ License FD:Fire Deparhnent GP:Grading PD:Police Depa anent Master Plan of Development Amendment Perrnit CE:City Engineer BP:Building WW:Wastewater CUP 20040137—Establishment of Health Care Services Pernit CACity adomey FI:Final Inspecdon TO:Temporary Occupancy F0:Final Occupancy 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. H. 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 wash 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 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 3.b.2:The applicant shall contact the APCD for any permits BP APCD 3.b.2 necessary related to developmental burning of vegetative material and/or construction permit requirements. Mitigation Measure 4.e.1: Grading and excavation and grading work shall be BP PS 4.e.1 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4- foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.2: The developer shall contract with a certified arborist BP PS 4.e.2 during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion,as follows: City of Atascadero Resolution No. 2007-019 Page 8 of 11 Conditions of Approval/ Timing Responsibility Mitigation ,w Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Services 9700 E/Camino Rea/ License FD:Fire Department GP:Grading PD:Poke Department Master Plan of Development Amendment Perak CE:City Engineer BP:Building WW:Wastewater CUP 20040137—Establishment of Health Care Services Pearn CA.Citynttomey FI:Final Inspection TO:Temporary Occupancy F0:Final Occupancy (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre-construction meeting with engineering /planning staff,grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist. ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy,grub only and do not grade or compact. Install porous pavers over a three-inch bed of 3/4 inch granite covered with one-inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one-foot by one-foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area,outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. • No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented,the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.3: All tree removals shall be mitigated in accordance GP,BP PS 4.e.3 with the Atascadero native Tree Ordinance. Mitigation Measure 6.b.1: The grading permit application plans shall include GP PS,BS,CE 6.b.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. aw City of Atascadero Resolution No. 2007-019 Page 9 of 11 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Services 9700 El Camino Rea/ License FD:Fire Departnent GP:Grading PD:Police Department Master Plan of Development Amendment Pend CE:City Engineer BP:Building WW:Wastewater CUP 20040137—Establishment of Health Care Services Permit CA.City Afton" FI:Final Inspeclion TO:Temporary occupaq FO:Final Occupancy Mitigation Measure 6.c.1: A soils report shall be required to be submitted with a BP,GP PS,BS,CE 6.c.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 8.0.1 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 11.d.1: All construction activities shall comply with the City BP,GP PS,BS,CE 11.d.1 of Atascadero Noise Ordinance for hours of operation. Mitigation Measure 15.a.b.1: Required fair share contributions to the Santa BP,GP PS,CE 15.a.b.1 Rosa/101 interchange improvements(signal and associated improvements) for the hotel portion of the proposed project shall be as follows: a. E. Front Street/NB 101 On-Ramp Intersection: 17.5% b. W. Front Street/SB 101 On-Ramp Intersection: 9.7% Fees due shall be required prior to, or currently with, issuance of building err permits for the proposed hotel development. Impacts from the proposed office complex are anticipated in the General Plan and no additional fair share payments will be required for the addition of medical office uses. The fairshare contribution would be based on a maximum of$600,000 or the engineers estimate at the time of the payment of the fee,which ever is lower. If the fairshare fee is paid and no reimbursement plan is filed by the W. Front Street project(required to construct the signals)within two years of Caltrans permit approval,the fees paid by the applicant would be returned to the applicant and the mitigation measure would be removed from the requirements for this project. Mitigation Measure 15.d.1: Improvements to East Front shall include the BP,GP PS,CE 15.d.1 following: 1. The applicant shall use a Caltrans standard Slurry Seal on East Front. 2. A City standard 423 driveway approach shall be used with a maximum width of 36'. 3. Painted median tapers that conform to the Caltrans Highway Design Manual, Section 400 design standards shall be installed. Deviations to the Caltrans standard shall be justified by the applicant and approved by the City Public Works Director. The southern median taper shall be located so that the taper starts near the southern property line. This will provide a longer left turn center lane for vehicles heading south on East Front Street. 4. All painted medians shall be marked with Caltrans standard thermal paint and appropriately colored. 5. A guardrail shall be installed in front of the power pole on East Front. i111trrr City of Atascadero Resolution No. 2007-019 Page 10 of 11 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Services 9700 E/Camino Rea/ License FD:Fire Departrent GP:Grading PD:Police Department Master Plan of Development Amendment Penn CE:City Engineer BP:Building WW:Wastewater CUP 20040137—Establishment of Health Care Services Perrrn Ca Cityntarney FI:Final Inspecton TO:Temporary Occupancy F0:Final Occupancy Mitigation Measure 15.f.1: The maximum use intensities shall be as follows: BP,GP PS,CE 15.f.1 1. 11,000 sf office 2. 1,400 sf retail/restaurant 3. 3,400 sf medical offices 4. 80-room hotel Any increases in parking demand or turn-over rates will require additional Parking analysis. If any additional impacts occur, subsequent environmental documentation will be required. Mitigation Measure 15.f.2: Shared parking shall be required throughout the site. BP,GP PS,CE 15.f.2 No reserved parking shall be permitted. m am City of Atascadero Resolution No. 2007-019 Page 11 of 11 EXHIBIT B:Site Plan �rrw kP� $ __ � i- "�' -'—'—T I�t -- ;g a� �• € sem' N Fj �y 8 C .e 1Il4 — F1 -t Ale Iwj a, A c NJ 3,400 square foot AF`s I __I '� medical office use on J I I.; R _lllFl first floor. I I . I I�� u 1 yy Cl 9 111 j tj 1 e � IsR �R �I y II e a COMPOSITE UTILITY PLAN _ ERIC J GOBLER �a.��11 a _ __ 88a a R c ATASCADERO 8_ PROJECT S (P R $ PORPORTIONLorE3,3,9Loox cx ii CIVIL ENGINEERING ^y�y 'i4 .. PER 9a9Ro1ar93.APx:oas—oai—ou R S 9110 ATASCAc�RO AVE - 970o EL CAMINO REAL,ATASCACERO ATASCAO.RC.'r .93123 £ $ CITY OF ATASCADERO ,E+,ILp�w' ij6t LrErto P..