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HomeMy WebLinkAboutPC_2009-03-03_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, March 3, 2009 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jack Vice Chairperson Moreno Commissioner Bentz Commissioner Colamarino Commissioner Schmidt Commissioner Sturtevant Commissioner Ward APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) PLANNING COMMISSION BUSINESS CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 20, 2009. City of Atascadero Planning Commission Agenda Regular Meeting, March 3, 2009 Page 2 of 4 2. PLN 2099-0878, APPROVAL OF TIME EXTENSION FOR TTM 2005-0076 AND CUP 2005-0170 FOR 4705-4713 EL CAMINO REAL (JRW GROUP, INC. - TREATCH / ACACIAS DEVELOPMENT) COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 3. PLN 2008-1314 / ZONE CHANGE AND CONDITIONAL USE PERMIT AMENDMENT FOR DOVE CREEK Property Owner: PMB Development Company, 765 Baywood Dr. #141, Petaluma, CA 94954 Applicants: Courtney Architects, 656 Santa Rosa St. #3A, San Luis Obispo, CA 93401 Project Title: PLN 2008-1314 / Zone Change and Conditional Use Permit Amendment Master Site Plan and PD -12 Zone Text Amendment for a proposed Tractor Supply Company store at the Dove Creek Commercial Center. Project Northwest corner of EI Camino Real & Santa Barbara Road (existing vacant commercial Location: pad) (San Luis Obispo County) APN 045-331-014 Project The project consists of an amendment to the existing Master Plan of Development and Description: PD -12. The Zone Change to the Planned Development -12 text will eliminate the "indoor only' restriction for farm equipment and supply sales, thus allowing a 19,100 square -foot Tractor Supply Company Store with 20,800 square -foot outdoor storage and sales area. The master site plan will be revised for the new building and outdoor use areas. General Plan Designation: MU (Mixed -Use) Zoning District: CR (Commercial Retail) / PD -12 Proposed Consistent with previously certified Mitigated Negative Declaration. Environmental Determination: City of Atascadero Planning Commission Agenda Regular Meeting, March 3, 2009 Page 3 of 4 COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for March 17, 2009, at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting, March 3, 2009 Page 4 of 4 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m., at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall Annex business hours at the Community Development counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against, or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 3 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Chairperson before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). CALL TO ORDER ITEM NUMBER: 1 DATE: 3-3-09 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, January 20, 2009 — 7:00 P.M. Council Chambers - 6907 EI Camino Real Atascadero, California Chairperson Jack called the meeting to order at 7:00 p.m. and Commissioner Bentz led the Pledge of Allegiance. ROLL CALL Present: Commissioners Moreno, Sturtevant, Bentz, Vice Chairperson O'Grady, and Chairperson Jack Others Present: Board Secretary and City Clerk / Assistant to the City Manager Marcia McClure Torgerson and Recording Secretary Susanne Anshen Staff Present: Community Development Director Warren Frace and Associate Planner Callie Taylor APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Vice Chairperson O'Grady to approve the agenda. Motion passed 5:0 by a roll -call vote. PUBLIC COMMENT: - None. PLANNING COMMISSION BUSINESS PC Draft Minutes of 01/20/2009 Page 1 of 5 A. ADMINISTRATION OF OATH OF OFFICE Marcia Torgerson, City Clerk, administered the Oath of Office to new Planning Commissioners Dennis Schmidt and Chuck Ward. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON DECEMBER 16, 2008. Vice Chairperson O'Grady pulled Item No. A-1 from the Consent Calendar for discussion on the omission of Commissioner Comments in the minutes as to Items Nos. 1 and 2. He explained that there was lengthy Commissioner discussion on the items listed in the minutes, but the minutes do not reflect the discussions. He stated that he feels the minutes should not only show the vote for the record, but should also show the questions asked of staff and the answers given to the Commission. On Item No. 2, Vice Chairperson O'Grady had asked if a condition preventing the removal of trees until construction was ready to begin would be appropriate. Vice Chairperson O'Grady stated that similarly on Item No. 1, there were Commissioner questions about creek setbacks, the difference between a minor CUP as opposed to a major one, the number of accessory units allowed on a site, whether the HVAC was allowable, and what the impacts of fire line construction might be on trees, as well as a discussion on gutters and what constituted the attic. Commissioner Bentz asked Community Development Director Warren Frace if the City Attorney would be willing to comment to the Commissioners as to what should be included in the minutes. Community Development Director Warren Frace stated the City Clerk defines the policy and asked the City Clerk / Assistant to the City Manager Marcia McClure Torgerson to comment. City Clerk / Assistant to the City Manager Marcia McClure Torgerson stated the law requires only to list who is present at the meeting, what the item is that is voted on, and the end vote, and only requires to list the names of the public who spoke in favor or against under Public Comment. The City Clerk stated if a Commissioner votes against an item or if the staff's recommended motion is changed, either by wording or conditions added, those Commissioner Comments would be included as a means of clarifying the reasoning behind the change or opposition. The City Clerk stated if a Commissioner states "for the record", those comments are included in the minutes. Vice Chairperson O'Grady stated he noticed a distinct difference since Grace Pucci prepared the minutes which seems to him to be a change in policy. City Clerk / Assistant to the City Manager Marcia McClure Torgerson stated that there has been no change in policy and each person has slightly different style. PC Draft Minutes of 01/20/2009 Page 2 of 5 Vice Chairperson O'Grady stated he wants the minutes of tonight's meeting to note his objection to the total absence of Commissioner comments on Item Nos. 1 and 2 (from the December 16, 2008 meeting), and he feels that is inappropriate and inaccurate way in which to prepare the minutes. MOTION: By Commissioner Bentz and seconded by Commissioner Moreno to approve Item No. A-1, the Minutes of the Regular Planning Commission Meeting of December 16, 2008, as presented. Motion passed 4:1:2 by a roll -call vote. (Vice Chairperson O'Grady opposed; Commissioners Ward and Schmidt abstained.) MOTION: By Vice Chairperson O'Grady and seconded by Commissioner Schmidt to include a brief summary of each agenda item including Commissioner comments in all future minutes. Commissioner Sturtevant agreed with the City Clerk in including exactly what is required and feels staff is doing a fine job and expressed his support. Commissioner Moreno agreed with Commissioner Sturtevant and stated she would trust staff that they are doing what our policies require. Chairperson Jack stated the City Clerk has been quite clear about what is required; and, if there is something that a Commissioner wants included in the minutes, they need only to request those comments be included. City Clerk / Assistant to the City Manager Marcia McClure Torgerson told the Commissioners they can always call staff for a clarification on minutes before they reach the Planning Commission for approval. The City Clerk stated we are always trying to streamline and cut costs. Commissioner Bentz stated over his long tenure in municipal government, the only requirement is to record the action taken, which he supports. Vice Chairperson O'Grady stated his only request was for a brief summary of the reasons why commissioners voted a certain way. Commissioner Bentz stated he felt Vice Chairperson O'Grady was asking to clarify his own position and not to clarify the Planning Commission's position. PC Draft Minutes of 01/20/2009 Page 3 of 5 City Clerk / Assistant to the City Manager Marcia McClure Torgerson stated most cities that are going to action minutes only are doing so because the meetings are televised (video recorded) and digitally recorded and the public can access the meeting on video from the website or from tapes and our meetings are also recorded digitally and on video. Commissioner Ward called for the vote. Motion failed 1:6 by a roll -call vote. (Commissioners Sturtevant, Ward, Moreno, Schmidt, Bentz, and Chairperson Jack opposed.) COMMUNITY DEVELOPMENT STAFF REPORTS 2. GENERAL PLAN INFORMATION OVERVIEW STUDY SESSION Community Development Director Warren Frace and Associate Planner Callie Taylor gave a comprehensive presentation on the Atascadero General Plan to the Planning Commission and answered questions of the Planning Commissioners. PUBLIC HEARINGS - None. DISCLOSURE OF EX PARTE COMMUNICATIONS: - None. COMMISSIONER COMMENTS AND REPORTS • Commissioner Schmidt asked about the large boxes Commissioner Moreno had inquired about previously along the highway near San Anselmo Road, and stated his experience has been they are typically used to store grading materials when striping roads. • Chairperson Jack recalled last meeting having a discussion on prioritizing training and has updated the goals, which he handed out to the Commissioners. (Exhibit A) Community Development Director Warren Frace stated the next meeting will cover some training on these items. PC Draft Minutes of 01/20/2009 Page 4 of 5 DIRECTOR'S REPORT • Community Development Director Warren Frace referenced a notice of meeting next week on a proposed amendment to the Dove Creek Development where Tractor Supply Company wants to include a store in this project; and due to the Brown Act, it would be best not to attend and staff will update you on the neighborhood concerns. This issue will be on the February 17, 2009, agenda. • The Planners' Institute is scheduled for March 25 -27, 2009. • Commissioner Bentz asked about the January 27, 2009 City Council meeting wherein the Wal-Mart project will be discussed and asked if the Commissioners should attend. Community Development Director Warren Frace stated it would be fine to attend as it will be an interesting discussion and there are no Brown Act issues there to be concerned about. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for February 3, 2009, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero, California. MINUTES PREPARED BY: Susanne Anshen, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A — 2009 Planning Commissioners' Training Priority Report Dated 1/20/09 PC Draft Minutes of 01/20/2009 Page 5 of 5 ITEM NUMBER: 2 DATE: 3-3-09 A tascadero Planning Commission Staff Report — Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org PLN 2099-0878 Time Extension #2 4705-4713 EI Camino Real (Acacias Development/JRW Group) SUBJECT: The consideration of a one-year time extension for Tentative Tract Map 2005-0076 and CUP 2005-0170. RECOMMENDATION: Staff recommends Planning Commission adopt Resolution PC 2009-0008 thereby approving a one-year time extension of Tentative Tract Map 2005-0076 and CUP 2005- 0170 in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance. SITUATION AND FACTS: 1. Owner: The Acacias Development, LLC 81912 th Street, Suite 202, Paso Robles, CA 93446 2. Applicant: JRW Group 81912 th Street, Suite 202, Paso Robles, CA 93446 3. Project Address: 4705-4713 EI Camino Real, Atascadero, CA 93422 APN: 029-271-001 4. General Plan Designation: General Commercial (GC) 5. Zoning District: Commercial Retail (CR) 6. Site Area: 1.71 acres 7. Existing Use: Vacant 8. Environmental Status: Certified Mitigated Negative Declaration 2005-0063 DISCUSSION: Background: On February 14, 2006, an application for a vesting Tentative Subdivision Map and associated Conditional Use Permit was received to build a mixed use development consisting of commercial space on the lower floor and residential units on the upper floor. The proposed development includes two multi -family residential buildings totaling 41 units and 8,000 square feet of commercial space on a 1.71 acre lot. The proposed site plan has been designed to meet the requirements of the Atascadero Municipal Code and the Appearance Review requirements of the General Plan. Analysis: The Subdivision Map Act mandates an initial two-year life and, by local ordinance, the City can extend initial life up to an additional 12 months. Additionally, the City may extend the time at which the map expires for a period or periods not to exceed a total of five years (these are discretionary extensions). The approved Conditional Use Permit also requires an extension. The application for the extension must be filed prior to the expiration date. The Planning Commission has discretion on whether they want to extend the map, or they can defer the decision to the City Council. The Planning Commission may add or modify any conditions of approval, prior to granting the Time Extension, to ensure the project remains consistent with updated ordinances and policy. Staff is not recommending any modifications with this Time Extension. On July 15, 2008, the California State Senate approved Senate Bill 1185. The recently - enacted SB 1185 revised certain State law provisions regarding the duration of tentative maps. The bill states that if a map has not expired as of the date of SB 1185 (July 15, 2008), but will expire sometime before January 1, 2011, the map is automatically extended another 12 months in addition to any time extensions approved by the City. This extension is automatic because it is phrased in mandatory terms without reference to an application, whereas the other extensions require an application and City review and approval. This automatic extension granted by SB 1185 does not require any action by the City. The proposed Time Extension which the applicant has applied for would be added to the automatic extension granted by SB 1185, thereby extending the map until February 14, 2011. Tentative Tract Map A Vesting Tentative Tract Map was approved as part of the project consistent with the proposed Master Plan of Development and PD -27 Zone Change. Also included is a condominium map to allow individual ownership of the units, mixed-use residential units, and commercial tenant spaces. The Tract Map was conditioned to meet all City standards including on-site and off-site street improvements. No additional conditions are recommended at this time. General Plan Consistency The proposed project remains consistent with the following General Plan Land Use and Housing Element Policies: Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods". Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. Land Use Policy 2.1: "Ensure that new development is compatible with existing and surrounding neighborhoods". Land Use Policy 3.1: "Encourage retail businesses at efficient and attractive nodes along El Camino Real and Morro Road with mixed office and residential uses between those nodes." Housing Element Policy 1.1: "Encourage steady production of new housing, including mixed-use projects in commercial land use areas, to meet the needs of all household types in the City." Housing Element Policy 2.1: "Promote development and construction of new housing units for ownership, especially by low and moderate income families" Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees". In staff's opinion the proposed project remains consistent with the goals and policies of the Land Use Element and the Housing Element. As conditioned, the project incorporates elements that are consistent with the scale and character of the surrounding neighborhood and the goals and policies of the General Plan. Map History CONCLUSION: The City Council found the proposed subdivision map and Conditional Use Permit, as conditioned, are consistent with the 2002 General Plan and Zoning Ordinance and the lot configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Time Extension as requested. ALTERNATIVES: 1. The Commission may approve the Time Extension subject to additional or revised project conditions. 2. The Commission may deny the Time Extension if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 - Location Map (General Plan & Zoning) Attachment 2 - TTM 2005-0076 Attachment 3 - Conditions of Approval TTM 2005-0076 Attachment 4 - Conditions of Approval CUP 2005-0170 Attachment 5 - Draft Resolution 2009-0008 Approval Expiration Original Approval 2/14/2006 2/14/2008 Time Extension 9/4/2007 2/14/2009 Automatic Extension (SB 1185) 2/14/2009 2/14/2010 Proposed Extension (Applied 1/20/2009) 3/3/2009 2/14/2011 CONCLUSION: The City Council found the proposed subdivision map and Conditional Use Permit, as conditioned, are consistent with the 2002 General Plan and Zoning Ordinance and the lot configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Time Extension as requested. ALTERNATIVES: 1. The Commission may approve the Time Extension subject to additional or revised project conditions. 2. The Commission may deny the Time Extension if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 - Location Map (General Plan & Zoning) Attachment 2 - TTM 2005-0076 Attachment 3 - Conditions of Approval TTM 2005-0076 Attachment 4 - Conditions of Approval CUP 2005-0170 Attachment 5 - Draft Resolution 2009-0008 ATTACHMENT 1: Location Map (General Plan / Zoning) TTM 2005-0076 4705-4713 EI Camino Real Zoning District: Commercial Retail (CR) Land Use Designation: General Commercial (GC) ATTACHMENT 2: TTM 2005-0076 4705-4713 EI Camino Real I E S i l N B R E S f 0 E N C E tZ BLUDE L - , t ijl� ., �imlI s m \o\ i _ 'iii i 1 '•� 314 I II f tai .OT. II ' EL CAM NO REAL _ ATTACHMENT 3: Conditions of Approval/Mitigation Monitoring Program TTM 2005-0076 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM. Final Map PS: Planning Services E/ Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: CityAttomey F0: Final Occupancy Planning Services 1. The approval of this zone change and use permit shall become final and FM PS effective following City Council approval. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2005-0104 and ZCH 2005-0105 upon second reading, unless prior to that 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) BP / FM PS months 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 PS 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 BP/FM PS, CE consistent 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 B through K with the following modifications: All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. Side and rear residential elevations shall match the color, architectural detail, materials, window and door detail, roof eaves, trellis elements, balconettes, iron accents, and shutter accent elements of the proposed front elevations, as conditioned. Decorative iron accents as shown on the proposed elevations shall be of architectural quality. Pre -cast architectural ornaments from manufactured stone or similar shall Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy be placed in front building elevation A and B roof gable area of as identified on Building Exhibit D, subject to staff approval. Vinyl frame windows and grids shall be taupe or beige in color, subject to staff approval. All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures. Any proposed exterior street, pedestrian, or building mounted light fixtures shall be of architectural grade and design and shall be compliment the architectural style, subject to staff approval. As proposed by the applicant, stucco siding shall be smooth troweled on buildings A and B (front buildings along EI Camino Real), and may be smooth sand finish or similar finish on Buildings C and D (rear buildings). Tile roofs shall be architectural grade per Exhibit K. 8. Metal car port structures shall be of simple high-quality design and BP PS, BS material and be of color(s) to match or compliment the proposed on-site building body colors, subject to staff approval. 9. 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 B though I. 10. A final landscape and irrigation plan shall be approved prior to the BP PS, BS issuance of building permits and included as part of site improvement plan consistent with EXHIBIT C, 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. ■ London Plane street trees shall be provided along EI Camino Real at a maximum spacing of 30 feet on center per Exhibit C. ■ Proposed landscape plant materials shall include the primary use of native and drought -resistant trees, shrubs and groundcovers, subject to staff approval. ■ Street and open space trees shall be minimum 15 -gallon size and double staked. ■ Increase the tree planting in areas adjacent to single-family residential along the northern portion of the project site to create a visual landscape screen between the properties. ■ In order to meet the 25% landscape code requirement, the proposed decorative paving entry shall be applied on-site in the following areas: At the project entry of EI Camino Real to the central open space parking area; and at the two "crosswalk" areas within the parking lots. Decorative pavement location, color and style are subject to staff approval. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 11. All project fencing shall be installed consistent with EXHIBIT Band C GP/BP PS subject to the following modifications: ■ A solid masonry wall of not less than six (6) feet in height shall be placed and maintained on interior lot lines abutting property zoned for single family residential use. Colors and materials of walls and any other fencing shall be of architectural quality and match or compliment proposed buildings, subject to staff approval. 12. Final selection of colors and materials identified in EXHIBIT I shall be GP/BP PS subject to staff approval. 13. Affordable Housing Requirement: The applicant shall deed restrict the GP/BP PS, CA following minimum residential units for 45 years, prior to or concurrently with the final map, as follows: ■ 6 units at the low-income rate. All units shall be distributed throughout the project, subject to staff approval. 14. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CA enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 15. Any future development signage shall be architecturally compatible with BP PS the proposed buildings. All future signage shall be subject to the review and approval of planning staff. No signage shall be placed above the first floor roofline. No signage shall be permitted facing the proposed residential uses. 16. An accurate Tree Protection Plan shall be prepared for encroachment GP/BP PS within the drip line of native trees located on or adjacent to the subject parcel. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD-27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 17. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 18. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. f) All frontage landscaping and sidewalks along arterial streets 19. Prior to final map, the applicant shall submit CC&Rs for review and BP PS, BS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Individual unit's responsibility for keeping all trash receptacles within the unit's designated area. d) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 20. Approval of this permit shall include the removal of 3 Native Oak Trees, BP PS, BS totaling 74 inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. 21. Sit down eating and drinking establishments, restaurants, and similar Ongoing PS uses of high parking demand not listed in the permitted or conditionally permitted uses of PD -27 may not be permitted on the project site per the project shared parking program. 22. The mixed-use (residential/commercial) buildings shall be constructed BP PS, BS before or simultaneously with the residential portion. Buildings with commercial use shall be permitted first and the first permit to be finaled in the project shall be these mixed-use building permit(s). 23. Shared parking program shall be managed by an on-site manager. On- BP PS, BS site parking shall identify a minimum of one full-size covered parking space for each residential unit. Shared parking spaces shall be located adjacent to Buildings A and B (Mixed -Use Buildings) and shall be available for commercial space use and residential guests. Parking signage shall be placed on-site directing visitors and commercial use patrons to the appropriate parking space locations. City Engineer PROJECT SPECIFIC CONDITIONS Drainage: 24. The applicant shall provide on-site storm water detention in accordance BP, GP CE with City Engineering Standards. Plans and supporting calculations will be reviewed at the time of grading permit application submittal. Public Improvements and Maintenance: 25. San Anselmo Road shall be improved from the southwesterly exit BP, GP CE from the K -Mart plaza to the intersection of San Anselmo and Highway 101. Existing pavement on the northerly side of San Anselmo shall be widened to provide for a 6' median, two 12' lanes, a 4' bike lane, and City standard curb, gutter, and sidewalk. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 26. Full frontage improvements shall be required on EI Camino Real. BP, GP CE Improvements shall match those on either side of the project to provide for a smooth curb, gutter, and sidewalk alignment. FM CE 27. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. Sanitary Sewer: 28. All onsite sewer mains shall be privately owned and maintained. BP, GP WW 29. Prior to recording the final map, provisions for the repair and BP, GP WW maintenance of the private SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 30. Applicant shall pay sewer extension (Annexation), Connection and BP, GP WW Reimbursement fees (if applicable) upon issuance of building permit. 31. Gravity mains within the subdivision shall be sized according to City BP, GP WW Standards. 32. Drainage piping serving fixtures which have flood level rims located BP WW below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve 33. All sanitary sewer (SS) mains shall terminate in manholes unless BP WW extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection STANDARD CONDITIONS Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 34. In the event that the applicant is allowed to bond for the public BP, GP CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 35. An engineer's estimate of probable cost shall be submitted for review FM CE and approval by the City Engineer to determine the amount of the bond. 36. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 37. All public improvements shall be constructed in conformance with the BP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 38. The applicant shall enter into a Plan Check/Inspection agreement with BP, GP CE the City. 39. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 40. The applicant shall install all new utilities (water, gas, electric, cable TV FM CE and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 41. The applicant shall monument all property corners for construction BP, GP CE control and shall promptly replace them if disturbed. 42. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer The applicant shall enter into a Plan Check/Inspection agreement with the City The applicant shall be responsible for the relocation and/or alteration of existing utilities The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 43. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the parcel map. 44. All existing and proposed utility, pipeline, open space, or other FM CE easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 45. Prior to recording the tract map, the applicant's surveyor shall set FM CE monuments at all new property corners or shall indicate, by certificate on the final map, that corners have been set or shall be set by a date Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM: Final Map PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy specific and that they will be sufficient to enable the survey to be retraced. 46. Prior to recording the tract map, the applicant shall have the map FM CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company, which indicates their review of the map. The letter shall identify any new easements, which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 47. Upon recording the final map, the applicant shall provide the City with a FM CE black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 48. Prior to the final inspection of any public improvements, the applicant BP CE 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. ATTACHMENT 4: Conditions of Approval/ Mitigation Monitoring CUP 2005-0170 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Planning Services 49. The approval of this zone change and use permit shall become final and FM PS effective following City Council approval. 50. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2005-0104 and ZCH 2005-0105 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 51. 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. 52. Approval of this Conditional Use Permit shall be valid for twelve (12) BP/FM PS months 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. 53. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS 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 54. All subsequent Tentative Map and construction permits shall be BP/FM PS, CE consistent with the Master Plan of Development contained herein. 55. All exterior elevations, finish materials and colors shall be consistent with BP PS the Master Plan of Development as shown in EXHIBIT B through K with the following modifications: All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. Side and rear residential elevations shall match the color, architectural detail, materials, window and door detail, roof eaves, trellis elements, balconettes, iron accents, and shutter accent elements of the proposed front elevations, as conditioned. Decorative iron accents as shown on the proposed elevations shall be of architectural quality. Pre -cast architectural ornaments from manufactured stone or similar shall Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Finallnspedon PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy be placed in front building elevation A and B roof gable area of as identified on Building Exhibit D, subject to staff approval. Vinyl frame windows and grids shall be taupe or beige in color, subject to staff approval. All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures. Any proposed exterior street, pedestrian, or building mounted light fixtures shall be of architectural grade and design and shall be compliment the architectural style, subject to staff approval. As proposed by the applicant, stucco siding shall be smooth troweled on buildings A and B (front buildings along EI Camino Real), and may be smooth sand finish or similar finish on Buildings C and D (rear buildings). Tile roofs shall be architectural grade per Exhibit K. 56. Metal car port structures shall be of simple high-quality design and BP PS, BS material and be of color(s) to match or compliment the proposed on-site building body colors, subject to staff approval. 57. 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 B though I. 58. A final landscape and irrigation plan shall be approved prior to the BP PS, BS issuance of building permits and included as part of site improvement plan consistent with EXHIBIT C, 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. ■ London Plane street trees shall be provided along EI Camino Real at a maximum spacing of 30 feet on center per Exhibit C. ■ Proposed landscape plant materials shall include the primary use of native and drought -resistant trees, shrubs and groundcovers, subject to staff approval. ■ Street and open space trees shall be minimum 15 -gallon size and double staked. ■ Increase the tree planting in areas adjacent to single-family residential along the northern portion of the project site to create a visual landscape screen between the properties. ■ In order to meet the 25% landscape code requirement, the proposed decorative paving entry shall be applied on-site in the following areas: At the project entry of EI Camino Real to the central open space parking area; and at the two "crosswalk" areas within the parking lots. Decorative pavement location, color and style are subject to staff approval. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Finallnspedon PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 59. All project fencing shall be installed consistent with EXHIBIT Band C GP/BP PS subject to the following modifications: ■ A solid masonry wall of not less than six (6) feet in height shall be placed and maintained on interior lot lines abutting property zoned for single family residential use. Colors and materials of walls and any other fencing shall be of architectural quality and match or compliment proposed buildings, subject to staff approval. 60. Final selection of colors and materials identified in EXHIBIT I shall be GP/BP PS subject to staff approval. 61. Affordable Housing Requirement: The applicant shall deed restrict the GP/BP PS, CA following minimum for -sale residential units for 45 years and for -rent residential units for 55 years, and prior to or concurrently with the final map, as follows: ■ 6 units at the low-income rate. All units shall be distributed throughout the project, subject to staff approval. 62. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CA enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 63. Any future development signage shall be architecturally compatible with BP PS the proposed buildings. All future signage shall be subject to the review and approval of planning staff. No signage shall be placed above the first floor roofline. No signage shall be permitted facing the proposed residential uses. 64. An accurate Tree Protection Plan shall be prepared for encroachment GP/BP PS within the drip line of native trees located on or adjacent to the subject parcel. The applicant will contract with a certified arborist to monitor all Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy activity within the drip lines of existing native oak trees. 65. The emergency services and facility maintenance costs listed below BP PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 66. All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. g) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. h) All parks, trails, recreational facilities and like facilities. i) All open space and native tree preservation areas. j) All drainage facilities and detention basins. k) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. 1) All frontage landscaping and sidewalks along arterial streets 67. Prior to final map, the applicant shall submit CC&Rs for review and BP PS, BS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a Provisions for maintenance of all common areas including Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Finallnspedon PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy access, parking, street trees, fencing and landscaping. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Individual unit's responsibility for keeping all trash receptacles within the unit's designated area. d) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 68. Approval of this permit shall include the removal of 3 Native Oak Trees, BP PS, BS totaling 74 inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. 69. Sit down eating and drinking establishments, restaurants, and similar Ongoing PS uses of high parking demand not listed in the permitted or conditionally permitted uses of PD -27 may not be permitted on the project site per the project shared parking program. 70. The mixed-use (residential/commercial) buildings shall be constructed BP PS, BS before or simultaneously with the residential portion. Buildings with commercial use shall be permitted first and the first permit to be finaled in the project shall be these mixed-use building permit(s). 71. Shared parking program shall be managed by an on-site manager. On- BP PS, BS site parking shall identify a minimum of one full-size covered parking space for each residential unit. Shared parking spaces shall be located adjacent to Buildings A and B (Mixed -Use Buildings) and shall be available for commercial space use and residential guests. Parking signage shall be placed on-site directing visitors and commercial use patrons to the appropriate parking space locations. City Engineer PROJECT SPECIFIC CONDITIONS Drainage: 72. The applicant shall provide on-site storm water detention in accordance BP, GP CE with City Engineering Standards. Plans and supporting calculations will be reviewed at the time of grading permit application submittal. Public Improvements and Maintenance: Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Finallnspedon PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 73. San Anselmo Road shall be improved from the southwesterly exit BP, GP CE from the K -Mart plaza to the intersection of San Anselmo and Highway 101. Existing pavement on the northerly side of San Anselmo shall be widened to provide for a 6' median, two 12' lanes, a 4' bike lane, and City standard curb, gutter, and sidewalk. 74. Full frontage improvements shall be required on EI Camino Real. BP, GP CE Improvements shall match those on either side of the project to provide for a smooth curb, gutter, and sidewalk alignment. FM CE 75. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. Sanitary Sewer: 76. All onsite sewer mains shall be privately owned and maintained. BP, GP WW 77. Prior to recording the final map, provisions for the repair and BP, GP WW maintenance of the private SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 78. Applicant shall pay sewer extension (Annexation), Connection and BP, GP WW Reimbursement fees (if applicable) upon issuance of building permit. 79. Gravity mains within the subdivision shall be sized according to City BP, GP WW Standards. 80. Drainage piping serving fixtures which have flood level rims located BP WW below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve 81. All sanitary sewer (SS) mains shall terminate in manholes unless BP WW extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Finallnspedon PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection STANDARD CONDITIONS 82. In the event that the applicant is allowed to bond for the public BP, GP CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 83. An engineer's estimate of probable cost shall be submitted for review FM CE and approval by the City Engineer to determine the amount of the bond. 84. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 85. All public improvements shall be constructed in conformance with the BP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 86. The applicant shall enter into a Plan Check/inspection agreement with BP, GP CE the City. 87. The applicant shall be responsible for the relocation and/or alteration of BP, GP CE existing utilities. 88. The applicant shall install all new utilities (water, gas, electric, cable TV FM CE and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 89. The applicant shall monument all property corners for construction BP, GP CE control and shall promptly replace them if disturbed. 90. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer The applicant shall enter into a Plan Check/inspection agreement with the City The applicant shall be responsible for the relocation and/or alteration of existing utilities The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 91. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the parcel map. 92. All existing and proposed utility, pipeline, open space, or other FM CE easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Finallnspedon PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy parcel map. 93. Prior to recording the tract map, the applicant's surveyor shall set FM CE monuments at all new property corners or shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 94. Prior to recording the tract map, the applicant shall have the map FM CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company, which indicates their review of the map. The letter shall identify any new easements, which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 95. Upon recording the final map, the applicant shall provide the City with a FM CE black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 96. Prior to the final inspection of any public improvements, the applicant BP CE 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. Mitigation Measures Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure El Camino Court - General Plan Amendment 2005-0015 / Zone Change 2005- GP: Grading Permit BP: Building Permit PS: Planning Services BS: Building Services 0104 / Zone Change 2005-0105/ Conditional Use Permit 2005-0170/ TTM TO: Temporary FD: Fire Department 2005-0076 Occupancy PD: Police Department FI: Final inspection CE: City Engineer FO: Final Occupancy WW: Wastewater 4705, 4711, 4713 EI Camino Real CA: City Attorney terC AMWC: Water Comp. Mitigation Measure 1.c.1: The following landscape mitigations shall apply: BP BS, PS, CE 1.c.1 ■ Fencing shall be complimentary in color and material to the proposed architectural theme. ■ The project landscaping shall include street trees along EI Camino Real street frontage. ■ All proposed trees shall be shade trees of 15 -gallon minimum size and shall be double staked. Mitigation Measure 1.c.2: The proposed buildings shall include the use of BP BS, PS, CE 1.c.2 earth tone paint and roof colors. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Finallnspedon PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it shall BP BS, PS, CE 1.d.1 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 luminary 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: 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 will be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas shall be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that designated for reworking at dates greater than one month after initial grading shall be sown with a fast -germinating native grass seed and watered until vegetation is Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Finallnspedon PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 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 shall 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 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. L. 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 Measure 4.e.1: Grading and excavation and grading work shall BP PS, BS 4.e.1 be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 13. All existing trees outside of the limits of work shall remain. 14. Earthwork shall not exceed the limits of the project area. 15. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 16. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 17. 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. 18. 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: All recommendations contained within the BP PS, BS 4.e.2 project arborists report prepared by Tree Resources Assessment, Barbella's Tree Service shall be applied to the proposed project in terms of each native tree proposed for removal and each tree within the project area subject to potential impact. All native tree impact/replacements shall be per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 4.e.3: The developer shall contract with a certified BP PS, BS 4.e.3 arborist 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: Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Finallnspedon PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy (a) A written agreement between the arborist and the developer outlining an 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 nor 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.4: All tree removals identified in the Tree Resources BP PS, BS 4.e.4 Assessment, dated 7/19/05 shall be mitigated as prescribed by the Atascadero Native Tree Ordinance. Mitigation Measure 5.b.1: Design an appropriate Phase II archaeological GP PS, BS, CE 5.b.1 sampling strategy. Mitigation Measure 5.b.2: Monitoring of all earth disturbance by a qualified GP PS, BS, CE 5.b.2 subsurface archaeologist and native monitor during construction activities. Mitigation Measure 5.b.3: Cultural soils must remain on site of they are GP PS,BS,CE 5.b.3 moved and/or disturbed. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -27 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Mitigation Measure 6.b.1: The grading permit application plans shall include BP, 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. Mitigation Measure 6.c.1: A soils report shall be required to be submitted BP,GP PS,BS,CE 6.0 with a future building permit by the building department. Mitigation Measure 7.b.1: Per the Phase I Environmental Site Assessment, BP PS 7.b.1 further investigation of the former commercial building area is necessary to better determine if the site had been adversely impacted by previous auto garage or painting use Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all GP PS, BS, CE 8.e.f.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 BP, GP PS, BS, CE 11.d.1 City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. Conditions of Approval / Mitigation Monitoring Program El Camino Court PD -27 Master Plan of Development Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure BP, GP PS, BS, CE 13.1 Mitigation Measure 13.1: Project Road and Landscape Maintenance and Emergency Services Funding: The emergency services and road maintenance costs of the project shall be 100% funded by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the any final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds and the coordination and performance of maintenance activities shall be by the City a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. d) All parks, trails, recreational facilities and like facilities. e) All open space and native tree preservation areas. f) All drainage facilities and detention basins. g) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. h) All drainage facilities and detention basins. i) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services El Camino Court BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD-27 Master Plan of Development BP: Building Permit FI: Finallnspedon PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Mitigation Measure 15.a: The project shall widen west bound San Anselmo, BP PS, BS, CE 15.a between the US 101 north bound on-ramp and the K-mart driveway, to provide a landscaped median, two west bound lanes and a bike lane. This work will require approval by Caltrans. This improvement will provide a dedicated lane for traffic entering the US 101 north bound on ramp, which will improve the operation of the US 101 north bound off ramp and east and west bound San Anselmo. This project is required to pay Development Impact Fee per the Circulation System of Atascadero. The design and construction of these improvements is eligible for credit to the fees. The actual design and construction costs must be submitted to the City for credit. Administration of designing, approval and construction of these improvements is not eligible for credit to the fees. ATTACHMENT 5: Draft Resolution PC 2009-0008 RESOLUTION NO. PC 2009-0008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF AN APPROVED VESTING TENTATIVE TRACT MAP AND CONDITIONAL USE PERMIT TTM 2005-0076 & CUP 2005-0170 4705-4713 El Camino Real (ACACIAS DEVELOPMENT / JRW GROUP) WHEREAS, the applicant JRW Group Inc., proposes a subdivision of a 1.71 acre, gross, lot into 41 multi -family lots and 8,000 square feet of commercial space; and WHEREAS, the City Council approved A Tentative Tract Map and A Conditional Use Permit on February 14, 2006; and WHEREAS, the Planning Commission considered the proposed one-year Time Extension at a meeting held September 4, 2007, setting the expiration date to February 14, 2009; and, WHEREAS, the automatic one-year Time Extension via SB 1185 went into effect July 15, 2008, setting the expiration date to February 14, 2010; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: Findings for approval of the time extension: The Planning Commission makes the following findings: 1. The approval of the Time Extension would not place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both. 2. The approval of the Time Extension will not prohibit the project from complying with state or federal law. SECTION 2: Approval: The Planning Commission does hereby approve a one-year Time Extension of TTM 2005-0076 and CUP 2005-0170, to expire on February 14, 2011. On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Sandy Jack Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 3-3-09 A tascadero Planning Commission Staff Report - Community Development Department Kelly Gleason, Senior Planner, 470-3436, kgleason@ataseadero.org PLN 2008-1314 Dove Creek Commercial Center Amendment Santa Barbara Road & EI Camino Real (PMB Development Company) SUBJECT: The proposed project consists of an amendment to the Dove Creek Commercial Center Master Plan of Development to allow Tractor Supply Company (TSC) to occupy Building A. The amendment includes a modification of the previously approved building footprint for building pads A and B and a Zone Text Change to the Planed Development (PD) language to allow an outdoor sales component to the proposed use. As part of this amendment, the applicant has shown more detailed elevations for the commercial center consistent with the previously approved Master Plan of Development. These elevations will be adopted as part of the resolution. RECOMMENDATION: Staff Recommends.- Adopt ecommends: Adopt Resolution PC 2009-0009 recommending that the City Council introduce an ordinance for first reading amending zoning code text for Planned Development #12 (Zone Change 2008-0151) to allow outdoor sales for farm equipment and supply establishments based on findings; and, 2. Adopt Resolution PC 2009-0010 recommending that the City Council adopt amendments to CUP 2003-0099 related to the Commercial Center Master Plan of Development, based on findings and subject to Conditions of Approval. T:\-08PLNS\PLN 2008-1314DoveCreek-TractorSupply\C U Pamend ment. PC -S R.kg.doc ITEM NUMBER: 3 DATE: 3-3-09 SITUATION AND FACTS: 1. Applicant / Representative: PMB Development Company, 765 Baywood Dr., #141, Petaluma, CA 94954 2. Project Address: Northwest Corner of EI Camino Real & Santa Barbara Road (San Luis Obispo County) APN 045-331-014 3. General Plan Designation: (MU) Mixed Use 4. Zoning District: (CR) Commercial Retail / (PD -12) Planned Development #12 5. Site Area: 5.186 acres 6. Existing Use: Vacant Commercial Pads 7. Environmental Status: Certified Mitigated Negative Declaration 2004-0026 ITEM NUMBER: 3 DATE: 3-3-09 DISCUSSION: Background On September 14, 2004, the City Council approved the Dove Creek development which consists of 279 residential units (attached multi -family, courtyard homes, and small lot single-family) and a 60,000 square -foot commercial center located on the corner of EI Camino Real and Santa Barbara Road. As part of the project approval, the City imposed a condition on the Dove Creek Commercial Center to incentivize development of the center by requiring that the applicant pay the estimated sales tax revenue to the City for the portion of time that the commercial center remained undeveloped and that the commercial property be deeded to the City if in 10 -years the center had not been developed. CUP condition 10: 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. If, in each successive year on July 1, 2007 through July 1, 2015, a building permit has not been issued for a minimum of 45,000 square feet, the City shall withdraw $40,000. At such time that the building permit is issued for a minimum of 45,000 square feet, the remaining balance shall be refunded to the applicant. If a building permit has not been issued for a minimum of 45,000 square feet by July 1, 2016, the applicant shall convey the commercial site to the City. A memorandum of option or deed of trust shall be recorded concurrent with map recordation that assures the City that it can acquire the commercial site, subject to review and approval by the Community Development Department and City Attorney. Tractor Supply Company (TSC) has expressed an interest in locating a retail store in the Dove Creek development. A City -sponsored neighborhood meeting was held on January 28, 2009, to allow the residents an opportunity to discuss any issues and/or concerns with the proposed project. The Dove Creek Homeowner's Association (HOA) letter listing the neighbors' concerns and the applicant's response is attached as Attachment 3. The following list summarizes the neighborhood concerns about the proposed project. 1. Site Lighting and Glare — (especially associated with the outdoor sales area) 2. Provision of Additional "Pull -Through" Parking Spaces (allows larger vehicle(s) with trailers) 3. Screening of Outdoor Sales Area 4. Larger Patron Vehicles than Originally Anticipated 5. Type of Products to be Displayed in Front of the Store 6. Shared Road Maintenance with the HOA ITEM NUMBER: 3 DATE: 3-3-09 Project Definition So.. .Q J ■ ��I GE C o� •• ILLAGE !v ♦� o y 'fir no . or � CQUryoia bo. aha. VWage Cerrlerr Losnmercln! �• ��Rise$� The proposed amendments include modifications to the footprint of Buildings A and B and revisions to the adopted PD -12 zone text. The proposed Use includes a 19,100 square -foot TSC store with a 20,800 square -foot outdoor storage and sales area. The proposed Master Plan of Development amendment will affect the portion of the site plan shown below: VILLAGE E -- dr sat. wrvhomee.n rwk Open Space.• We9ands �����•• is homes - • - C—Oycsd VILLAGE A .,,- VILLAGE D homes Op, SPcce • Mbm ES my So.. .Q J ■ ��I GE C o� •• ILLAGE !v ♦� o y 'fir no . or � CQUryoia bo. aha. VWage Cerrlerr Losnmercln! �• ��Rise$� The proposed amendments include modifications to the footprint of Buildings A and B and revisions to the adopted PD -12 zone text. The proposed Use includes a 19,100 square -foot TSC store with a 20,800 square -foot outdoor storage and sales area. The proposed Master Plan of Development amendment will affect the portion of the site plan shown below: ITEM NUMBER: 3 DATE: 3-3-09 In addition to the site plan change, the PD 12 language currently restricts the sales of farm equipment and supplies to indoor sales only. The proposed zone text amendment would eliminate the "indoor only" restriction allowing for the proposed outdoor sales area. TSC sells lawn and garden materials, ride -on lawn mowers, tractor parts, farm supplies, clothing, and similar goods to the public. Their company fact sheet has been provided as Attachment 4. Surrounding Land Use and Setting: ANALYSIS: Economic Impact Analysis North: Dove Creek Residences South: Commercial East: Public West: Dove Creek Residences The proposed commercial use is consistent with the City's economic development goals and allows for the development of a currently vacant commercial site. As the previously imposed condition of approval requires development of a minimum of 45,000 square - feet by 2016 to avoid deeding the land over to the City, it is expected that once building permits are obtained for the major commercial tenant, the remainder of the center will be constructed. While the City is withdrawing $40,000 per year until the minimum of 45,000 square -feet is constructed and thus, sales tax impacts of the vacant center at this time are minimized, construction of the center will provide long-term sales tax revenue and provide jobs and salaries that circulate back into the local economy. Staff expects the store's sales tax to be a positive revenue generator for the City of Atascadero. ITEM NUMBER: 3 DATE: 3-3-09 The current City Council has identified economic development as its number one priority. The City Council is very interested in increasing the City's tax base and expanding business within the City of Atascadero. It appears the construction of a TSC store and the adjacent commercial buildings are consistent with the City Council's economic development goals. Appearance Review The approval of the Dove Creek Master Plan included concept architecture for the commercial center consistent with the residential project themes. The current applicants have retained the architect who originally designed the Commercial Center and the architecture for TSC and the other minor tenant buildings has been refined to provide greater specificity regarding architectural style and detailing. w,rI--" I Outdoor Sales Area I Original Master Plan Architecture — Pad "A" and `B" Proposed Architecture — Pad "A" (Tractor Supply Company) The proposed TSC building, consistent with the minor tenant buildings, includes the following architectural features: • Combination of stucco and wood siding elements • Double post columns consistent with the rest of the center • Architectural trellis features • Stylized brackets at the gable ends The outdoor sales area was designed to incorporate architectural features and provide screening from the adjacent residential uses. The outdoor area is proposed to be enclosed by a decorative trellis which includes a solid lower wall and decorative pilasters, wrought iron fencing, and a trellis structure for added screen height. Landscaping is also provided between the parking lot and the outdoor sales area. ITEM NUMBER: 3 DATE: 3-3-09 These screen features will face the residences, EI Camino Real, and the minor commercial tenants. Due to the elevation of the adjacent Santa Barbara / EI Camino Real intersection, the Dove Creek Commercial Center is depressed below grade level where the proposed TSC building is proposed. As such, the applicant is proposing an architectural tower element at this location which exceeds the maximum commercial height of 35 -feet by 5 - feet (for a total tower height of 40 -feet). However, the tower element measures approximately 25 -feet above the adjacent grade level at the intersection. A finding is included to allow this code exception based on the unique site characteristics. Site Design The site plan for the commercial center has minor changes including modifications to the footprint of Building A and slight modifications to the parking lot to allow for three (3) pull through parking spaces designed to provide for trucks with trailers. In addition, the outdoor areas surrounding the minor tenant buildings has been refined to show areas for outdoor dining and other pedestrian oriented features. Staff has conditioned that all parking lot landscaping be installed with the construction of the parking lot and that entry feature and screening landscaping along the street frontages be installed with the first phase of the development as feasible (construction of the first building) (Condition 9). This will ensure that the landscaping will provide maximum screening of the commercial center even without full development of the site as part of the first phase. Neighborhood concerns The following analysis addresses issues and concerns cited by neighborhood residents and the HOA regarding the proposed project amendments. These issues were identified as a result of the January 28, 2009, neighborhood hosted by the City and the applicant. 1. Site Lighting and Glare — (especially associated with the outdoor sales area) The Atascadero Municipal Code contains standards for lighting throughout the City and lists particular glare reduction and lighting standards for commercial centers adjacent to residential uses. In addition, the certified environmental document for the project contained additional lighting standards as mitigation measures for the project. The Dove Creek Development includes a number of street lights similar to the Downtown Atascadero streetlights. These lights can provide for dark sky shielding however, they cannot be focused and shielded as effectively as standard parking lot lights in regards to ground illumination. ITEM NUMBER: 3 DATE: 3-3-09 Staff has conditioned that more standard shielded "shoebox" parking lot lights be utilized to eliminate glare and maximize ground illumination control (Condition 7). The condition requires that all parking lot lighting will be required to be fully shielded and directed so that only the parking lot is illuminated. Off-site (onto adjacent streets) light spillage will be minimized by the shielding. If the Planning Commission wants to recommend that the Dove Creek Commercial Center match the existing Dove Creek decorative street lights, this condition should be eliminated. The neighborhood residents raised concerns about additional security lighting for the requested outdoor sales area. The same municipal code standard for light shielding applies to all building mounted and security lighting. In addition, there is a parking area between the proposed outdoor sales area and the adjacent private street (Cashin St). This parking area will be illuminated by pole lighting and can be used to provide spill-over lighting to the outdoor sales area thus minimizing the need for additional security lighting. Staff has added conditions of approval to ensure that all site lighting, including security lighting, complies with the municipal code standards and project mitigation measures (Condition 7). 2. Provision of Additional "Pull -Through" Parking Spaces (allows for larger vehicle(s) with trailers) The proposed site plan provides three (3), pull-through spaces adjacent to the outdoor sales area. TSC has stated that this is a standard number that they use for other store locations and they believe that this number is adequate. Project residents believe that additional spaces need to be provided to ensure that larger vehicles and vehicles with trailers can be accommodated on site. �- .t.... �- -. ..... ..... ..... -' nu • AM t D. t 1777. ""°"" Staff MAJOR recommended SSO� overflow pull- through parking ITEM NUMBER: 3 DATE: 3-3-09 The proposed site plan does include an aisle of parking where no wheelstops are proposed and could allow for larger vehicles with trailers however; these spaces are not specifically designed as pull through spaces as there is a line delineating space for two (2) cars to park. In addition, the spaces are currently designed as compact spaces. Staff has conditioned that the spaces be redesigned as regular spaces to allow for pull-through overflow parking (Condition 8). Staff believes that there are sufficient opportunities for parking of various sizes of vehicles as conditioned. The Planning Commission could add a condition recommending that the City Council require additional pull-through spaces. 3. Screening of Outdoor Sales Area Residents adjacent to the outdoor sales area expressed concerns regarding the appearance of the outdoor area and the visual impact from their homes. The applicant has provided a decorative screen wall and trellis feature around the entirety of the outdoor sales area which features a split face concrete block base and column pilasters, wrought iron fencing, and wood trellis above. The applicant has also provided a line of sight analysis depicting the visual impact from adjacent residences as shown below (additional sections show in resolution exhibits). eLDG W YARD TSC—�`------ f-. dna W rAwo TSC _4..-- ------ ♦JJa♦ Parking field SECTION 1 I Residences I SECTION 2 The applicant believes that the decorative screen wall, in addition to the Commercial Center landscaping provided between the residences and the outdoor sales area mitigates the visual impacts of the outdoor sales component. ITEM NUMBER: 3 DATE: 3-3-09 4. Larger Patron Vehicles than Originally Anticipated The Commercial Center was designed as a neighborhood commercial center providing retail and office uses. The neighborhood residents believe that the outdoor component added to the farm equipment and supply use will attract larger patron vehicles than originally anticipated when the project was approved. As this use was allowed as part of the PD 12 (restricted to indoor only) staff believes that similar business patrons would visit the store. The proposed TSC business will require delivery trucks to enter and exit the site. The commercial center was designed to accommodate large delivery trucks and the delivery trucks used by TSC are the same size or smaller, and deliver less frequently than those for a grocery store for example. As the Dove Creek Commercial Center was designed to accommodate a variety of commercial uses, staff believes that vehicle usage associated with TSC is consistent with the original intent of the commercial center. 5. Type of Products Displayed in Front of the Store Can include the following on a seasonal basis: • Riding lawn mowers • Push lawn mowers • Garden carts • Mow -N -Vacs • Wheelbarrows • Chippers and shredders • Log splitters • Go Karts • ATV's and UTV's • Bagged fertilizers • Bagged grass seed • Bagged pine shavings • Windmills • Dog houses • Dog pens • Rubber stall mats • Assorted bale feeders • Assorted 3 -point equipment • Mineral block feeders Staff has added a condition restricting the display of large vehicles/items to the display area adjacent to both the retail building and outdoor sales area as shown above (Condition 14). ITEM NUMBER: 3 DATE: 3-3-09 6. Shared Road Maintenance The Dove Creek Development was approved with the Dove Creek Commercial Center as part of the Master Plan of Development. Access to the center was approved as part of the original project and has not been modified with this proposal. The driveways cannot be relocated off of ECR and/or Santa Barbara Rd. due to traffic, grading, and public works safety standard impacts. The original Commercial Center ingress and egress locations were based on the traffic analysis that was part of the original Master Plan of Development Mitigated Negative Declaration. Staff has received and reviewed the maintenance and association documents from the County Recorder's office and the Commercial Center does not currently participate in the maintenance of the roads. Staff has included a condition requiring the commercial owner to enter into a maintenance agreement with the appropriate entity to cover impacts and maintenance to the adjacent streets (Condition 15). Proposed Planned Development Overlay Zone #12 Text Change As previously mentioned, the proposed project requires a change in the existing PD -12 Overlay District Text of the project site. The revised text will allow the outdoor sales component of TSC within the Dove Creek Commercial Center. While this text change applies to the entire site and not just the proposed tenant, any other changes to the Master Plan of Development to provide for additional outdoor sales areas associated with a farm equipment and supply business would require a similar amendment and would require Planning Commission approval. The current list of allowed uses is as follows showing the proposed text amendment: (a) Broadcast studios; (b) Building materials and hardware (indoor only) (c) Food and beverage retail sales; (b) Furniture, home furnishings and equipment; (c) General merchandise stores; (d) Mail order and vending; (e) Temporary or seasonal sales (f) Financial services; (g) Health care services; (h) Offices; (i) Small scale manufacturing; Q) Temporary offices (k) Personal services; (1) Light repair services; (m) Eating and drinking places; (n) Membership organizations; (o) Horticultural specialties (p) Schools --business and vocational (q) Business support services, where all areas of use are located within a building; ITEM NUMBER: 3 DATE: 3-3-09 (r) Farm equipment and supplies (+ndeer erg; (s) Fuel and ice dealers (t) Hotels and motels; (u) Skilled nursing facility (v) Bed and breakfast; (w) Funeral services; (x) Schools (y) Utility service center; (z) Libraries and museums; (aa) Temporary events The neighborhood residents have expressed concerns regarding the compatibility of the outdoor sales area component with the Dove Creek development. The applicant has designed the project to be sensitive to neighborhood compatibility issues adding architectural features and high quality screening to the outdoor sales area. The applicant believes that the architectural design and added screening of the outdoor sales area create a compatible business. Findings As specified in the City's General Plan and Zoning Ordinance, the following findings for the proposed Zone Text Change and Master Plan of Development Amendment must be made in order to recommend approval of the proposed project. PD -12 Overlay Zone Text Change Amendment 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements. Conditional Use Permit (Master Plan of Development) Amendment The Planning Commission must make the following five findings to recommend approval of the proposed Master Plan of Development: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The proposed project amendments are consistent with the General Plan, Zoning Ordinance, and Appearance Review Manual. The project has been designed to be consistent with the previously approved architecture for the Dove Creek Commercial Center. ITEM NUMBER: 3 DATE: 3-3-09 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. Staff Comment: As amended and conditioned, the project satisfies all conditional use permit and planned development zoning code provisions. 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. Staff Comment: The proposed amendment to building pad A and B and the addition of an outdoor sales component will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed project is consistent with the intent to provide commercial services at the Dove Creek Commercial Center. The project has been architecturally designed to be consistent with the approved Master Plan of Development. The proposed project provides a commercial development at a currently vacant commercial location. Staff believes that the proposed amendments are consistent with the intent of the Dove Creek Commercial Center concept and is consistent with the surrounding master planned community. 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. Staff Comment: The proposed project and use will not generate traffic volumes in excess of generation estimates for the approved Commercial Center. The proposed amendments remain consistent with the previous traffic analysis for the commercial Center and the certified Mitigated Negative Declaration. All improvements from that document and as listed in the previous conditions of approval for the project, including acceleration and deceleration lanes, have been constructed. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of the proposed amendments to the Dove Creek Master Plan of Development (Conditional Use Permit) can be made. As conditioned, changes to the Master Plan of Development can be made by the Planning Commission in the future without Council action. ITEM NUMBER: 3 DATE: 3-3-09 Proposed Environmental Determination The proposed amendments to the Commercial Center are consistent with the previously certified Mitigated Negative Declaration for the Dove Creek development. CONCLUSION The proposed amendments to the Dove Creek development would allow for the construction of a Tractor Supply Company store with an outdoor sales area at pad "A" of the Dove Creek Commercial Center master plan. The proposed amendment modifies the footprint area for pad "A" and requests a Zone Text Amendment to the PD -12 Overlay Zone to allow for the outdoor component of the business. The project architecture has been designed to be compatible with the previously approved Dove Creek master plan and the outdoor area includes features designed to screen the outdoor use area from adjacent residences. The project provides a construction opportunity for an existing vacant site within the City. Staff believes that the proposed amendments, with conditions, meet the required findings for approval. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project to the City Council. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the project. The parcel would retain its current PD -12 and commercial zoning with mixed-use land use designation. Commercial development that is consistent with the approved PD - 12 Text and Master Plan of Development would only require a building permit to proceed. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kelly Gleason, Senior Planner ITEM NUMBER DATE: 3-3-09 ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Aerial Site Photograph Attachment 3: HOA Letter Following Neighborhood Meeting Attachment 4: Tractor Supply Fact Sheet and HOA Response Letter Attachment 5: Draft Resolution PC 2009-0009 Attachment 6: Draft Resolution PC 2009-0010 ITEM NUMBER DATE: 3-3-09 Attachment 1: Location Map, Zoning and General Plan ■ Dove Creek Commercial Project Site Existing Designations: -General Plan: Mixed -Use -Zoning District: Commercial Retail / PD -12 Proposed Designations: -General Plan: Mixed -Use -Zoning District: Commercial Retail — PD -12 ITEM NUMBER: DATE: 3-3-09 Attachment 2: Aerial Photo ITEM NUMBER DATE: 3-3-09 Attachment 3: HOA letter following neighborhood meeting See following ITEM NUMBER DATE: 3-3-09 Attachment 4: Tractor Supply Fact Sheet and HOA Response Letter See Following ITEM NUMBER DATE: 3-3-09 ATTACHMENTS- Draft Resolution PC 2009-0009 ZCH 2008-0151 - PD -12 Overlay Zone Code Text Amendment DRAFT RESOLUTION PC 2009-0009 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONE TEXT AMENDMENT TO AN EXISTING PLANNED DEVELOPMENT OVERLAY -12 TO ELIMINATE THE "INDOOR ONLY" RESTRICTION FROM THE FARM EQUIPMENT AND SUPPLIES USE ON APN 045-331-014 SANTA BARBARA & EL CAMINO REAL (PMB Development Co) WHEREAS, an application has been received from PMB Development Company, 765 Baywood Drive #141, Petaluma, CA, 94954, (Applicant), to consider a project consisting of amendments to the Dove Creek Commercial Center Master Plan of Development 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)/PD-12 (Planned Development Overlay #12); and, WHEREAS, Mitigated Negative Declaration 2004-0026 was certified but he City Council during the project approval in 2004 and the proposed amendments are consistent with this certified document; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Code Text to protect the health, safety and welfare of its citizens by applying orderly development; 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 Zone Change 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 amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on March 3, 2009, studied and considered Zone Text Amendments to the PD -12 Overlay Zone, and, ITEM NUMBER: 3 DATE: 3-3-09 NOW, THEREFORE, the Planning Commission of the city of Atascadero, California takes the following actions: SECTION 1. Findines for Anbroval of a Zone Chante Amending Planned Development Overlay Zone -12 Code Text. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 3, 2009 resolved to recommend that the City Council introduce for first reading, by title only, an ordinance that would amend the City Zoning ordinance with the following: 9-3.657 Establishment of Planned Development Overlay Zone No. 12 (PD12). Planned Development Overlay Zone No. 12 is established as shown on the official zoning maps (Section 9- 1.102 of this title). A Planned Development Overlay Zone No. 12 is established on parcels APNs 045-342- 003, 045-381-010, 045-381-007, 045-381-009, 045-331-002, 045-331-004, 045-331-008, 045-331-001, 045- 342 -005,045 -342 -004,045 -342-013,045-342-001,045-342-008,045-342-002,045-352-005 with a combined gross acreage of 63.3 acres. The maximum residential density within the planned development shall not exceed two hundred seventy-nine (279) residential units. A minimum of 6.31 acres of commercial retail use and 27.7 acres of common and natural open space on the 63.3 -acre project site shall be provided. The development standards contained within the master plan of development document (CUP 2003-0099), as conditioned shall be applied to all future development within the project area, and as follows: (a) The Vesting Tentative Tract Map (TTM 2003-0033) and any subsequent amendments for the site shall be consistent with CUP 2003-0099. All construction and development shall conform to the approved master plan of development, as conditioned. (b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development. (c) The commercial area, residential dwelling units, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved master plan of development. (d) Building setbacks lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development. (e) Alterations or additions to established dwelling units shall be subject to the density and development standards of the master plan of development. (f) Subsequent amendments to the master plan of development shall be approved by Planning Commission ITEM NUMBER DATE: 3-3-09 Resolution. (g) The commercial center will retain the Commercial Retail zoning district designation. The following allowable uses are proposed for this district within the PD12 overlay zone: (1) Broadcast studios; (2) Building materials and hardware (indoor only); (3) Food and beverage retail sales; (4) Furniture, home furnishings and equipment; (5) General merchandise stores; (6) Mail order and vending; (7) Temporary or seasonal sales; (8) Financial services; (9) Health care services; (10) Offices; (11) Small scale manufacturing; (12) Temporary offices; (13) Personal services; (14) Light repair services; (15) Eating and drinking places; (16) Membership organizations; (17) Horticultural specialties; (18) Schools—business and vocational; (19) Business support services, where all areas of use are located within a building; (20) Farm equipment and supplies (indoor only); (21) Fuel and ice dealers; (22) Hotels and motels; (23) Skilled nursing facility; (24) Bed and breakfast; (25) Funeral services; (26) Schools; (27) Utility service center; (28) Libraries and museums; (29) Temporary events. All residential and open space use shall be consistent with the requirements of the underlying zoning district except as allowed by the master plan of development. ITEM NUMBER: 3 DATE: 3-3-09 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Sandy Jack Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 3-3-09 ATTACHMENT 6: Draft Resolution PC 2009-0010 Approval of Proposed CUP 2003-0099 Amendment (Master Plan of Development) DRAFT RESOLUTION PC 2009-0010 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE 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 Baywood Drive #141, Petaluma, California, 94954, (Applicant), to consider a project consisting of amendments to the Dove Creek Commercial Center Master Plan of Development 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, the Planning Commission recommended that the PD -12 Overlay Zone Text be amended to allow for an outdoor sales component for farm equipment and supply uses; and, 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, NOW, THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: ITEM NUMBER DATE: 3-3-09 SECTION 1. Findings for Approval of the Conditional Use Permit. The Planning Commission finds as follows: 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. Recommendation of Approval. The Planning Commission of the City of Atascadero, California, in a regular session assembled on March 3, 2009, resolved to recommend that the City Council 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 ITEM NUMBER DATE: 3-3-09 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Sandy Jack Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 3-3-09 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Dove Creek (ZCH 2003-0049, ZCH 2004-0085) Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure M Final Map PS: Planning Services BL: Business License BS: Building Services Dove Creek Master P/an GP: Grading Permit FD: Fire Department PD -12 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer ZCH 2003-0049/ZCH 2004-0085 / CUP 2003-0099 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater 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 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. ITEM NUMBER: DATE: 3-3-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM. Firm Map PS: Planning Services BL: Business License BS: Building Services Dove Creek Master P/an GP: Grading Permit FD: Fire Department PD -12 BP: Building Permit FI: Finallnspection PD: Police Department CE: City Engineer ZCH 2003-0049/ZCH 2004-0085 / CUP 2003-0099 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney 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: • 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. ■ Shade trees shall be provided throughout the parking lot and shall be installed prior to final of the 1 St commercial building. ■ All perimeter landscaping not located on the individual building pads shall be installed prior to final of the 1St 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. 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. • 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 locations. • Signage locations shall be architecturally compatible ITEM NUMBER: DATE: 3-3-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM. Firm Map PS: Planning Services BL: Business License BS: Building Services Dove Creek Master P/an GP: Grading Permit FD: Fire Department PD -12 BP: Building Permit FI: Finallnspection PD: Police Department CE: City Engineer ZCH 2003-0049/ZCH 2004-0085 / CUP 2003-0099 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA: City Attorney 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". 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 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 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. ITEM NUMBER: 3 DATE: 3-3-09 EXHIBIT B: Master Plan of Development H , PIP "WillAA i iii1s i S) L;� i l � cc W H z W U J_ Q H W J Q U cc W 0 U Q a a 'o 1 01. ED "oma �� -x - •. � cn O•� /t� i �.j 1 ,�••. II/moi 1 Ai X�. " i �I I d W uj y. a,Lu cc W H z W U J_ Q H W J Q U cc W 0 U Q EXHIBIT C: Conceptual Grading and Drainage Plan ITEM NUMBER: 3 DATE: 3-3-09 .! Q F W 1i1 j t N d x aj cl D <:::tll ai (� EY ITEM NUMBER: 3 DATE: 3-3-09 EXHIBIT D: Landscape Plan ITEM NUMBER: 3 DATE: 3-3-09 EXHIBIT El: Elevations ITEM NUMBER: 3 DATE: 3-3-09 EXHIBIT E2: Elevations ITEM NUMBER: 3 DATE: 3-3-09 EXHIBIT E3: Elevations ITEM NUMBER: 3 DATE: 3-3-09 EXHIBIT F1: Preliminary Floor Plans 1 s 'Ili!. m u YHilf git y+eo z t(;c� v<::: f „ (c�.nJl 4;•� Lu W ::-Lu ....... $ p OY LL W O W ' ......... ........� N Lu � J_ u crW X. W = 2 o U F Q ITEM NUMBER: 3 DATE: 3-3-09 EXHIBIT F2: Preliminary Floor Plans ITEM NUMBER: 3 DATE: 3-3-09 EXHIBIT G: Line of Sight Diagrams