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HomeMy WebLinkAboutPC_2009-05-19_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, May 19, 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 APRIL 21, 2009. City of Atascadero Planning Commission Agenda Regular Meeting, May 19, 2009 Page 2 of 4 2. PLN 2099-0313, APPROVAL OF TIME EXTENSION FOR CONDITIONAL USE PERMIT 2004-0137 FOR 9700 EL CAMINO REAL (PATEL) COMMUNITY DEVELOPMENT STAFF REPORTS 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 2009-1329, CONDITIONAL USE PERMIT DRIVE-THRU APPROVAL AT EXISTING NON -CONFORMING RESTAURANT AT 7305 EL CAMINO REAL Property Owner: Adobe Plaza, c/o Nate Nahmias, 16530 Ventura Blvd. #309, Encino, CA 91436-4597 Applicant: CBI Partners, 21243 Ventura Blvd., Woodland Hills, CA 91364 Project Title: PLN 2009-1329, Conditional Use Permit for drive-thru approval at existing non- conforming restaurant Project Location: 7305 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 030-121-046 Project The proposed project includes an application to establish a drive-through use through Description: the Conditional Use permit process. The site currently contains a drive-through restaurant which is considered a legal non -confirming drive-through due to a lack of CUP approval. The proposed application will bring the site into conformance with current code requirements and allow the drive-through to be permitted for the life of the building. General Plan Designation: GC (General Commercial) Zoning District: CR (Commercial Retail) Proposed Exempt per CEQA Section 15301: Existing facilities and Section 15305: Minor Environmental modification to Land Use limitations. Determination: City of Atascadero Planning Commission Agenda COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT Regular Meeting, May 19, 2009 Page 3 of 4 The next regular meeting of the Planning Commission is scheduled for June 2, 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, May 19, 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 business hours at the Front Counter of City Hall, 6907 EI Camino Real, Atascadero, 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. Commission meetings are video taped and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). 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 or the City Clerk's Office, both at (805) 470-3400. 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 SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC COMMENT", the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) 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 lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also 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 Recording Secretary 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 Commission. ITEM NUMBER: 1 DATE: 5-19-09 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting - Tuesday, April 21, 2009 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Jack called the meeting to order at 7:00 p.m. and Commissioner Ward led the Pledge of Allegiance. ROLL CALL Present: Chairperson Jack, Vice Chairperson Moreno, Commissioners Bentz, Colamarino, Schmidt, Sturtevant and Ward Others Present: Recording Secretary Susanne Curtis Anshen Staff Present: Community Development Director Warren Frace, Public Works Director / City Engineer Russ Thompson, and Senior Planner Kelly Gleason APPROVAL OF AGENDA Community Development Director Warren Frace stated Item No. 3 (PLN 2009-1324 General Plan Amendment Cycle 2009-1 Update of General Plan Table II -5 (Master Plan of Development Areas) and Diagram II -4 to include properties surrounding the Del Rio Specific Plan Area) will be continued at staffs' request in order to do more research on the issues as pertains to some of the property owners. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Moreno to approve the amended agenda, continuing Item No. 3. Motion passed 7:0 by a roll -call vote. Draft PC Minutes of 04/21/09 Page 1 of 5 PUBLIC COMMENT - None. PLANNING COMMISSION BUSINESS Vice Chairperson Moreno reported on attending the ribbon cutting for the Big Lots store and stated it was nice to see more and more variety of retail in Atascadero. Vice Chairperson Moreno invited everyone to visit the Big Lots store. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MARCH 17, 2009. MOTION: By Commissioner Bentz and seconded by Commissioner Sturtevant to approve the Consent Calendar. Motion passed 7:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS - None. PUBLIC HEARINGS 2. GENERAN PLAN AMENDMENT CYCLE 2009-1: PLN 2009-1325. GENERAL PLAN CONSISTENCY DETERMINATION FOR THE PURCHASE OF PROPERTY GENERAL PLAN AMENDMENT ZONE CHANGE. AND LOT LINE ADJUSTMENT FOR STADIUM PARK ACCESSWAY Property Owners: Gary I Renzaglia & Sandra E. Hughes, 6900 Valle Ave., Atascadero, CA 93422 City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422 Applicant: City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2009-1325, General Plan consistency determination for the purchase of property, General Plan Amendment, Zone Change, and Lot Line Adjustment for Stadium Park access way. Project Location: Stadium Park San Luis Obispo County (APN 029-105-004, 029-105-028) Project The project consists of General Plan consistency determination for the purchase of Description: property as part of a Lot Line Adjustment between a (RSF-Y) residential property and Stadium Park (L -Recreation) to add additional land to the Stadium Park property. The application includes a General Plan Amendment and Zone Change to change the land designation and zoning from Residential to Recreation for General Plan consistency. Proposed Exempt per Section 15305: Minor Modification to Land Use Limitations. Environmental Determination: Draft PC Minutes of 04/21/09 Page 2 of 5 DISCLOSURES OF EX PARTE COMMUNICATIONS: • Commissioner Schmidt had discussions with staff on lot -line adjustments and flag lots. Senior Planner Kelly Gleason gave the staff report and answered questions of the Planning Commissioners. Chairperson Jack provided some background on the Stadium Park. PUBLIC COMMENT: Eric Greening asked if this general plan amendment is exempt from environmental review and if not, when that review would take place. He expressed concern the green tunnel will be destroyed. He also stated the resultant grading would be horrendous. Chairperson Jack closed the Public Comment period. Community Development Director Warren Frace stated the project does not require environmental review because no physical construction or improvements will be made. If physical improvements are required, the review will happen as we go through process. MOTION: By Commissioner Bentz and seconded by Commissioner Sturtevant to: 1. Adopt Resolution PC 2009-0018 recommending that City Council approve General Plan Amendment 2009- 0024 between amending a portion of APN 029-105- 028 from SFR -Y (Residential Single-Family—Y) to REC Recreation) consistent with the proposed Lot Line Adjustment. 2. Adopt Resolution PC 2009-0018 recommending that the City Council introduce an ordinance for first reading, by title only, to change the zoning designation of a portion of APN 029-105-028 from RSF-Y (Residential Single-Family—Y) to L (Recreation). 3. Adopt Resolution PC 2009-0015 finding that the purchase of a portion of the Renzaglia/Hughes property for inclusion as part of Stadium Park is consistent with the General Plan as proposed for amendment. 4. Adopt Resolution PC 2009-0016 recommending that City Council approve Lot Line Adjustment 2009-0098 between the Renzaglia/Hughes property and Stadium Park. Motion passed 7:0 by a roll -call vote. Draft PC Minutes of 04/21/09 Page 3 of 5 3. GENERAL PLAN AMENDMENT CYCLE 2009-1: PLN 2009-1324, GENERAL PLAN AMENDMENT FOR MASTER PLAN OF DEVELOPMENT REQUIREMENT FOR PROPERTIES SURROUNDING WAL- MART / ANNEX PROJECT Item No. 3 was CONTINUED by Approval of the Agenda above. COMMISSIONER COMMENTS AND REPORTS - None 4. DISCUSSION OF PLANNING COMMISSION MEETING PROCEDURES Chairperson Jack stated although meetings are running fine, there are couple items when there are large meetings that would provide a smoother process as follows: 1. Incorporate a buzzer at the lectern indicating when time is up, but this would be cost -prohibitive at this time. 2. Alternating lecterns at large meetings. 3. Speaker slips to get a feel for the number of citizens wishing to speak. 4. Use of a maximum time level for initial Community Forum comments, making sure there is continuation period after completing the Planning Commission business, providing an opportunity for additional speakers that did not get a chance to speak. Discussion: Commissioners discussed the four items and it was determined the Chairperson has the discretion to set parameters for running the meeting, subject to objection of the other Planning Commissioners. Community Development Director Warren Frace answered questions of the planning commission. It was also suggested staff put on the website and at the back table a sheet listing the rules of conduct expected from speakers and Chairperson Jack handed out to the Planning Commissioners and staff a draft of possible guidelines (Exhibit A). Community Development Director Warren Frace indicated he would take the suggestions on this form to the City Clerk and will come back to the Commission with comments. Commissioner Colamarino stated next week the City Council may discontinue broadcasting the Planning Commission meetings and City Council meeting webcasting and archiving. Draft PC Minutes of 04/21/09 Page 4 of 5 DIRECTOR'S REPORT • Next meeting, May 5, 2009, holds an amendment to the water project and a custom house on a hillside grading and design approval. • The City has a serious budget situation and the need to eliminate $3.5 million. With $1 million from the City's reserves and cost cuts, there is still a $700,000 gap. Possible layoffs maybe eminent and the taping and broadcasting of Planning Commission meetings may be eliminated. ADJOURNMENT - 8:00 p.m. The next regular meeting of the Planning Commission is scheduled for May 5, 2009, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY Susanne Anshen, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A — What to expect at a Public Meeting from Chairperson Jack Draft PC Minutes of 04/21/09 Page 5 of 5 ITEM NUMBER: 2 DATE: 5-19-09 Atascadero Planning Commission Staff Report - Community Development Department Master Plan of Development (CUP 2004-0137) Time Extension for 9700 EI Camino Real (Hotel Building) (J.P. Patel) SUBJECT: Consideration of a one-year Time Extension for Conditional Use Permit 2004-0137. V01V*K01 1/ I ll 114► 1 by-AvIll0 Staff Recommends: 1. Adopt Resolution PC 2009-0021 approving a one-year Time Extension for CUP 2004-0137 (Hotel portion of the Master Plan of Development) based on findings and subject to Conditions of Approval. SITUATION AND FACTS: 1. Applicant / Representative: J.P. Patel, 3600 EI Camino Real, Atascadero, CA 93422 2. Project Address: 9700 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 056-081-032 3. General Plan Designation: General Commercial (GC) 4. Zoning District: Commercial Tourist (CT) 5. Site Area: 1.97 acres 6. Existing Use: Office building currently built 7. Environmental Status: Certified Mitigated Negative Declaration 2005-0022 DISCUSSION: Project Definition The proposed project consists of an infill commercial/office development located on EI Camino Real adjacent to the existing post office. The Master Plan of Development includes a 15,000 square -foot office building and an 80 room hotel. The office building and parking on half the site has been constructed to date. Background r ` Project Site: 9700 El Camino Real Surrounding Land Use and Setting: North: Commercial Professional South: Commercial Professional East: Residential Single-family West: Commercial Professional The project site is within the General Commercial General Plan land use designation and is zoned Commercial Tourist, which allows for the establishment of a commercial development in excess of 10,000 square feet with the approval of a Conditional Use Permit to establish a Master Plan of Development. 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. Project History: Approval Expiration Original Approval May 8, 2007 May 8, 2008 Administrative Extension May 8, 2008 May 8, 2009 PC Time Extension May 4, 2009 May 8, 2010 Conclusion The proposed project represents an infill commercial project within the Commercial Tourist Zone. The Master Plan of Development sets standards and conditions for site development, landscaping, and architectural design. To date, the commercial office portion of the project has been constructed. Approval of the Time Extension will allow the approved Hotel to obtain building permits until May of next year. The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. 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. PREPARED BY: Kelly Gleason, Senior Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Draft Resolution PC 2009-0021 Attachment 1: Location Map, General Plan and Zoning aot� Project 'r- Site: 9700 El Camino .a SOO Zoning: CT (Commercial Tourist) General Plan Designation: GC (General Commercial) ATTACHMENT 2: Draft Resolution PC 2009-0021 DRAFT RESOLUTION PC 2009-0021 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A ONE- YEAR TIME EXTENSION OF AN APPROVED CONDITIONAL USE PERMIT 2004-0137 ON APN 056-081-032 (9700 El Camino Real / Patel) WHEREAS, an application has been received from J.P. Patel (3600 El Camino Real, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a Master Plan of Development for a 18,000 square foot commercial development (CUP 2004- 0137); and, WHEREAS, the Planning Commission approved the Conditional Use Permit on May 8, 2007 and, WHEREAS, a one year administrative time extension was granted on May 8, 2008; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 19, 2009, studied and considered the time extension, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, California, takes the following actions: SECTION 1: Findings for approval of the Time Extension: The Planning Commission finds as follows: 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 CUP 2005-0137, to expire on May 8, 2010. 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: ABSTAINED: ADOPTED: CITY OF ATASCADERO, CA Sandy Jack Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Master Plan of Development (CUP 2004-0137) Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Rea/ License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Planning Services 1. This conditional use permit shall be for an 80 -room hotel located on FM PS parcel 056-081-032 regardless of owner. All site development for the office portion of the development shall remain under the previous approval and all conditions of the previous approval shall apply unless specifically amended by this resolution. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BP/FM PS, CE approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) 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 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 BP PS with the Master Plan of Development as shown in EXHIBIT B, C, D and E with the following modifications: Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Rea/ License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy ■ All exterior material finishes shall be durable, high quality, and consistent with the architectural appearance. ■ All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures; ■ Any exterior light fixtures shall be compatible with building design, subject to staff approval. ■ All colors shall be as depicted on the attached EXHIBIT E. 8. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT C, F, and G and shall include the following: ■ Parking stalls under the drip line of the existing 70" oak tree shall be at current grade and shall be constructed of turf block back filled with gravel. No excavation below existing grade shall occur without the approval of the project arborist. ■ Pavers and/or colored, stamped concrete shall be installed per exhibit B. 9. 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 D, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the site plan not identified for a specific use shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Street trees shall be provided at a maximum of 30 -feet on center within the East Front parkway with the exception of the area beneath the drip line of the existing oak tree. Should the oak tree require removal, additional street trees shall be required at the above stated interval. • All trees shall be a minimum 1.5" diameter at breast height including parkway trees. 10. All native tree removals shall be mitigated for in accordance with the BP PS Atascadero Native Tree Ordinance. Removal approval shall include the Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Rea/ License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy existing 70" oak along East Frontage Road. 11. The developer and/or subsequent owner shall assume responsibility for GP PS the continued maintenance of all landscape and common areas, BP consistent with EXHIBIT C and D. 12. All center signage shall be compatible with the building architecture and BP PS design theme. ■ A maximum of 98 square -feet shall be permitted for the signage facing the parking lot and post office (front and rear of the building). ■ A maximum of 52 square -feet shall be permitted for signage facing East Front Road and the office building (sides). ■ The monument sign and 2 directional signs shall be redesigned to incorporate materials and colors compatible with the proposed building. The base of the sign shall utilize brick veneer consistent with the building fagade. ■ Any change in signage shall require Planning Commission review and approval. 13. All pole lighting shall be decorative in nature per the existing CUP approval and shall be no higher than 14 -feet. Office Building Amendments 14. A retaining wall shall be permitted along the EI Camino Real frontage, subject to the following: • The wall shall be stucco textured to match the office building • The wall shall be a maximum of 4 -feet in height. • The wall shall be placed at the end of the parking stalls to retain the 8 -foot landscape planter at sidewalk level. • In addition to the required street trees, a revised landscape plan will be required that includes larger shrubs and vines to screen parked vehicles. 15. The health care service use shall include a building alarm system to BP BS ensure that he tenant space remains secure. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Rea/ License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy 16. A minimum of 2 bike racks shall be provided; 1 at the office building site, BP PS 1 at the hotel site. 17. Rough knock -down skip troweled stucco shall be permitted on the building. City Engineer Project Conditions 18. Applicant shall slurry seal project frontage, along East Front Street, GP, BP CE from property line to property line. Slurry seal shall slurry seal entire width of frontage. A line extended perpendicular to the centerline of East Front Street, from the Northwest property corner, constitutes station 12+64 at the centerline of East Front Street. 19. Applicant shall install commercial driveway approach per Caltrans GP, BP CE Standard A87; from stations 12+86 to 13+10 20. Applicant shall remove and replace concrete curb gutter and GP, BP CE sidewalk that does not meet City Engineering Standards. All broken, offset, displaced and degraded sidewalk along the frontage shall be removed and replaced 21. Applicant shall install Caltrans standard guard rail A77A starting at GP, BP CE station 13+71 and ending at 13+96 to protect the PG&E pole next to the southbound traffic lane 22. Applicant shall paint the curb red along the entire property frontage GP, BP CE per direction of City Engineer City Engineer Standard Conditions 23. An engineer's estimate of probable cost shall be submitted for GP, BP CE review and approval by the City Engineer to determine the amount of the bonds required prior to issuance of building permits. 24. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the property frontage and shall be recorded in a separate document prior to issuance of building permit. 25. The applicant shall acquire title interest in any off-site land that may GP, BP CE be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Rea/ License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy 26. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 27. Drainage easements shall be obtained by the applicant as needed GP, BP CE to accommodate both public and private drainage facilities. 28. Prior to the issuance of building permits the applicant shall submit GP, BP CE plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 29. Submit calculations to support the design of any structures or pipes. GP, BP CE Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. 30. Provide for the detention and metering out of developed storm GP, BP CE runoff so that it is equal to or less than undeveloped storm runoff. 31. Drainage basins shall be designed to desilt, detain and meter storm GP, BP CE flows as well as release them to natural runoff locations. 32. Show the method of dispersal at all pipe outlets. Include GP, BP CE specifications for size & type. 33. Show method of conduct to approved off-site drainage facilities. GP, BP CE 34. Concentrated drainage from off-site areas shall be conveyed GP, BP CE across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 35. All public improvements shall be constructed in conformance with GP, BP CE the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 36. Project shall include construction of curb, gutter and sidewalk along GP, BP CE entire frontage. 37. Alignment of frontage improvements shall be approved by the City GP, BP CE Engineer. 38. All utilities shall be undergrounded on project frontage GP, BP CE Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Rea/ License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy 39. All onsite sewer mains shall be privately owned and maintained. FM CE 40. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. 41. Gravity sewer mains within the subdivision shall be eight (8) inches BP CE in diameter. 42. Drainage piping serving fixtures which have flood level rims located BP CE 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. Building Services 43. A soils investigation prepared by a licensed Geotechnical Engineer is GP PS to be provided for the project. The report is to be provided at the time BP of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Mitigation Measures Mitigation Measure 1.c.1: The following landscape mitigations shall apply: BP BS, PS, CE 1.c.1 ■ The project landscaping shall include street trees along the EI Camino Real and East Frontage Road frontage placed a minimum of 30 feet on center or at locations complimentary to the architectural design of the proposed buildings, subject to staff approval. ■ All proposed parking area trees shall be shade trees of 15 -gallon size and shall be double staked. Mitigation Measure 1.c.2: The proposed buildings shall include the use of BP BS, PS, CE 1.c.2 paint and roof colors consistent with the architectural style as designed. The hotel building shall incorporate high quality brick veneer of a dark earth toned color as depicted on the attached elevation exhibit. The hotel building shall utilize darker earth toned accents and fagade colors, subject to staff approval. Awnings and/or similar accent features shall be included throughout the building fagade and along the lower floor level to enhance the architectural appearance of the building and mitigate the proposed additional height. Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it shall BP BS, PS, CE 1.d.1 be designed to eliminate any off site glare. All exterior site lights shall utilize Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Rea/ License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.15.1: BP, GP PS, CE 3.b.1 Naturally Occurring Asbestos (NOA) has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. These requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. 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 Manaqement 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Rea/ License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation 3.b.2: The applicant shall contact the APCD for any permits BP APCD 3.b.2 necessary related to developmental burning of vegetative material and/or construction permit requirements. Mitigation Measure 4.e.1: Grading and excavation and grading work shall BP PS 4.e.1 be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: Conditions of Approval / Mitigation Monitoring Program 9700 El Camino Rea/ Master Plan of Development Amendment CUP 2004-0137 - Hotel 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 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.2: The developer shall contract with a certified BP PS 4.e.2 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: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist. ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade or compact. Install porous pavers over a three-inch bed of 114 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Rea/ License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.3: All tree removals shall be mitigated in accordance GP, BP PS 4.e.3 with the Atascadero native Tree Ordinance. Mitigation Measure 6.b.1: The grading permit application plans shall include GP PS, BS, CE 6.b.1 erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be submitted BP, GP PS, BS, CE 6.c.1 with a future building permit by the building department. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that GP PS, BS, CE 8.e.f.1 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.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. Mitigation Measure 15.a.b.1: Required fair share contributions to the Santa BP, GP PS, CE 15.a.b.1 Rosa / 101 interchange improvements (signal and associated improvements) for the hotel portion of the proposed project shall be as follows: a. E. Front Street/ NB 101 On -Ramp Intersection: 17.5% b. W. Front Street / SB 101 On -Ramp Intersection: 9.7% Fees due shall be required prior to, or currently with, issuance of building permits for the proposed hotel development. Impacts from the proposed office complex are anticipated in the General Plan and no additional fair share payments will be required for the addition of medical office uses. The fairshare contribution would be based on a maximum of $600,000 or the engineers estimate at the time of the payment of the fee, whichever is lower. If the fairshare fee is paid and no reimbursement plan is filed by the W. Front Street project (required to construct the signals) within two years of Caltrans permit approval, the fees paid by the applicant would be returned to the applicant and the mitigation measure would be removed from the requirements for this project Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services 9700 El Camino Rea/ License FD: Fire Department Master Plan of Development Amendment GP: Grading Permit PD: Police Department CE: City Engineer CUP 2004-0137 - Hotel BP: Building Permit WW: Wastewater CA: City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Mitigation Measure 15.d.1: Improvements to East Front shall include the BP, GP PS, CE 15.d.1 following: 1. The applicant shall use a Caltrans standard Slurry Seal on East Front. 2. A City standard 423 driveway approach shall be used with a maximum width of 36'. 3. Painted median tapers that conform to the Caltrans Highway Design Manual, Section 400 design standards shall be installed. Deviations to the Caltrans standard shall be justified by the applicant and approved by the City Public Works Director. The southern median taper shall be located so that the taper starts near the southern property line. This will provide a longer left turn center lane for vehicles heading south on East Front Street. 4. All painted medians shall be marked with Caltrans standard thermal paint and appropriately colored. 5. A guardrail shall be installed in front of the power pole on East Front. Mitigation Measure 15.f.1: The maximum use intensities shall be as follows: BP, GP PS, CE 15.f.1 1. 11,000 sf office 2. 1,400 sf retail/restaurant 3. 3,400 sf medical offices 4. 80 -room hotel Any increases in parking demand or turn -over rates will require additional Parking analysis. If any additional impacts occur, subsequent environmental documentation will be required. Mitigation Measure 15.f.2: Shared parking shall be required throughout the BP, GP PS, CE 15.f.2 site. No reserved parking shall be permitted. EXHIBIT B: Master Plan of Development/Site Plan EXHIBIT C: Elevations , i n ® I t. I� 1 i s L uIrl I r i 1 1� 1 f• t - - `Lq }41~4i Rxq 4 I Ca P . . EXHIBIT D: Landscape Plan i i �0 3-1 e • 01 1 �F�,,, I' ° Oro ei ;amu r0�0•<: �O.O •ii � �� jji�•. �' /�•❖ y`�•���� at' i �• ••••••tom ••••O. 7' .lam °I.►�•••••�•••••� ■.,v AR DRi it GT+ "4423, O FO' Ol ♦♦ ♦O•I. v Ulf „�� ..yi°►i••iiCip^�"_ . ®� EXHIBIT E: Color and Materials Board FAIRFIELD INN A SUITES ATASCADER0 FAIKFIELD INN & SU1TE5 ,'w,dfClO�f A. an pI.A ~t ass i HOPSACK C TURKISH COFFEE wXAGE MORS PAMT'- WINDOW PAINT • GUTTERS, FRAME A CORNICE TRELLIS, ACCENT fRONTC0100ELEVATION i SATE RM TIME METAL RCIUH AWNING RAILING See project file for specific proposed color selections EXHIBIT F: Grading and Drainage Plan FRI., EA8T c;SCyF,,, _ I $E FL! g f CC 9q�A�`6khRg�RppAF��RB Y�s x@Y'jYY l y A��aafEF€ d w9� F6�GS� GRADING AND DRAINGE PLAN ERIC J. GOBLER ATASCAOERO HOTEL PROJECT CIVIL ENGINEERING rEmnx un ; uacE I1 PER MORD O. RN: 056-061-0.M B>OO EL CANINO RM ATASCAO[RO 8110 ATASCAOERO AVE '110 g py illi'E F G P �- I lip W�9F� p ATA3C40ER0. CA. 93422 CITY OF ATASCA I.m> �»-•�• .tee. w = f�-- Io11s1oL VV g_ 100 MOM N f { $ yyypv qv 0 ougM� i . elYJlj AR a -10 RsF { ^ A € a :R RR a � A-2 �S V 4� Ixj I RM'gA I I I $Y YA£R0j 31 A $7 12 �Rs Y �j 8m A 02 E`R A" 3x1 8- 9F � fi 3 PO Y C � a �0 ag4:yi RF yyy R� h A i x 4a I I I I R Ace a � �xF A gg 9u SA '01 FgA j 4 t o I °a5 - d[ gg P�a Fil 13 Se R �n _____ ______ 20 MIR g FAFe g R ,R>� q A �a ' Y AR2 PrA4� P� s i j� ij js� d 9 R app a0E R If FRI., EA8T c;SCyF,,, _ I i B MEAL I (i $E FL! g f CC E3 �` F gpj Aiii CC et iI GRADING AND DRAINGE PLAN ERIC J. GOBLER ATASCAOERO HOTEL PROJECT CIVIL ENGINEERING rEmnx un ; uacE I1 PER MORD O. RN: 056-061-0.M B>OO EL CANINO RM ATASCAO[RO 8110 ATASCAOERO AVE '110 N TT aty �W 1 I, �N�--i•� py py illi'E " ATA3C40ER0. CA. 93422 CITY OF ATASCA I.m> �»-•�• .tee. w = f�-- Io11s1oL VV g_ I I I 1 I I I 1 I I I I I , � I - 1 �n _____ ______ i B MEAL I (i $E FL! g f CC E3 �` F gpj Aiii CC et iI GRADING AND DRAINGE PLAN ERIC J. GOBLER ATASCAOERO HOTEL PROJECT CIVIL ENGINEERING rEmnx un ; uacE I1 PER MORD O. RN: 056-061-0.M B>OO EL CANINO RM ATASCAO[RO 8110 ATASCAOERO AVE '110 N TT aty �W 1 I, �N�--i•� py py illi'E " ATA3C40ER0. CA. 93422 CITY OF ATASCA I.m> �»-•�• .tee. w = f�-- Io11s1oL VV g_ EXHIBIT cHotel Site Sections < - _me ���}� _�.» ITEM NUMBER: 3 DATE: 5-19-09 Atascadero Planning Commission Staff Report — Community Development Department Kelly Gleason, Senior Planner, 470-3436, kgleason@atascadero.org PLN 2009-1329 Conditional Use Permit for Drive -Through Restaurant 7305 EI Camino Real (Adobe Plaza LLC) SUBJECT: The proposed project includes an application to continue an existing legal non- conforming drive-through restaurant at the subject location. RECOMMENDATION: Staff Recommends: Adopt resolution PC 2009-0020 to allow a drive-through restaurant at 7305 EI Camino Real based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Property Owner: Adobe Plaza LLC c/o Nate Nahmias, 16530 Ventura Boulevard #309 Encino, CA 91436 2. Applicant: CBI Partners, 21243 Ventura Boulevard Woodland Hills, CA 91364 3. Project Address: 7305 EI Camino Real, Atascadero, CA 93422 APN 030-121-046 4. General Plan Designation: General Commercial (GC) 5. Zoning District: Commercial Retail (CR) 6. Site Area: 0.84 acres ITEM NUMBER DATE: 5-19-09 7. Existing Use: Drive-through restaurant (vacant) 8. Environmental Status: Section 15301 Categorical Exemption: Existing Facilities and Section 15305: Minor Modification to Land Use Limitations DISCUSSION: Background The subject lot is 0.84 acres and is a part of the Adobe Plaza. The lot is occupied by a vacant drive-through restaurant, (previously occupied by Carl's Jr.), which has since relocated. ANALYSIS: The drive-through use is legally non -conforming. Non -conforming uses are uses which were previously permitted but require a Use Permit under the current Zoning Code. If the use is discontinued for a period longer than six (6) months, the use expires. Any future uses of the building would need to conform to the current Zoning Code, thus, not allowing for continuation of the drive-through facilities after the 6 -month grace period. 9-7,106 Nonconforming uses of land, Any nonconforming use of land (Section 9-7.102(b)) may be continued as follows: (a) Expansion. The use may not be enlarged, increased, or extended to occupy a greater area of land than that occupied on the effective date of this title, except for a detached single-family residence as provided in Subsection (c) of this Section. The Planning Commission may, by conditional use permit, allow a lot occupied by a nonconforming use to be further developed by the addition of conforming uses and structures. (b) Discontinued Use. If the nonconforming use of land is discontinued for a period of six (6) months or more, any following use shall conform with all applicable requirements of this title. (c) Single-family Residential Use. A detached single-family residence existing as a principal use in commercial or industrial zoning districts may be continued as a residential use, subject to subsection (b) of this section, and may be altered, provided that no increase in the number of dwelling units or increase greater than fifty (50) percent in the usable floor area, as it existed on the effective date of this title, occurs. Any expansion pursuant to this standard shall conform with all applicable provisions of Chapters 9-4 and 9-6. (Ord. 203 § 2, Exh. A, 1990; Ord. 68 § 9-7.106, 1983) ITEM NUMBER: 3 DATE: 5-19-09 The applicant has submitted an application for a Conditional Use Permit to continue the drive-through use at the subject location and permit the use of the drive-through as a conforming use to allow time for the center agent to find a tenant, sign lease agreements, and do any necessary tenant improvements. Records show that the building has been leased to Carl's Jr. since 1978. The drive-through use will currently expire on August 4t" if no tenant is open for business on or prior to that date. The Atascadero Municipal Code allows drive-through eating and drinking places in the Commercial Retail Zone with the approval of a Conditional Use Permit. Findinas Conditional Use Permit A Conditional Use Permit is required for the granting of the drive-through eating and drinking place. The Planning Commission must make the following findings to approve the drive-through use. If the Commission chooses to deny the project, site specific findings for denial must be sited. The use will be able to continue if a new tenant opens for business within the 6 -month timeframe. 1. The proposed project or use is consistent with the General Plan. Staff Comment: The use is consistent with the General Commercial designation of the General Plan. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: No new construction is proposed at this time. The use and structure was reviewed at the time of building permits for conformance with regulations at that time. 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 use will not be detrimental to the health, safety, or welfare of the general public. A drive-through restaurant has occupied this location since 1978. 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 use is consistent with the character and surrounding commercial development. ITEM NUMBER: 3 DATE: 5-19-09 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: Allowing the existing drive-through restaurant to continue as a conforming use will not increase traffic at this location. Appropriate on-site traffic control for drive-through facilities is existing. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Conditional Use Permit can be made. CONCLUSIONS: The proposed project to bring an existing a drive-through eating and drinking facility into conformance with the current zoning requirements for such uses is consistent with the Atascadero General Plan and Municipal Code Section 9-4.122. ALTERNATIVES: 1. The Commission may approve the project with additional or revised project conditions. 2. The Commission may deny the project if it is found that the required findings cannot be made. The Commission's motion to deny must include a finding basis for denial. The use will be able to continue if a new tenant opens for business within the 6 -month timeframe. 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 —Aerial Photo Attachment 3 — Categorical Exemption Attachment 4 — Draft Resolution PC 2009-0020 ITEM NUMBER: 3 DATE: 5-19-09 ATTACHMENT 1: Location Map (General Plan and Zoning) PLN 2009-1329 / CUP 2009-0241 7305 EI Camino Real Project Site 7305 El Camino Real Zone: Commercial Retail (CR) Land Use Designation: General Commercial (GC) ATTACHMENT 2: Aerial Photo 7305 EI Camino Real e. ` F fit. _ 1f \, \ • i�l..i>• s' 4 /1 ITEM NUMBER: 3 DATE: 5-19-09 k* -.4 1141. Project Location: '\ 7305 EI Camino Real i + ITEM NUMBER DATE: 5-19-09 ATTACHMENT 3: Categorical Exemption See following ITEM NUMBER: 3 DATE: 5-19-09 ATTACHMENT 4: Draft Resolution PC 2009-0020 PLN 2009-1329 / CUP 2009-0241 DRAFT RESOLUTION PC 2009-0020 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING PLN 2009-1329 (CUP 2009-0241)9 ALLOW A DRIVE-THROUGH EATING AND DRINKING FACILITY WITHIN THE COMMERCIAL RETAIL ZONE (ADOBE PLAZA LLC) WHEREAS, an application was received from Adobe plaza LLC, 16530 Ventura Blvd #309, Encino, CA 91436 (Property Owner) , and CBI Partners, 21243 Ventura Blvd., Woodland Hills, CA 91364, (Applicant), for a Conditional Use Permit allow a drive-through restaurant facility and, WHEREAS, the proposed project has a General Plan Designation of General Commercial (GC); and, WHEREAS, the site is located in the Commercial Retail (CR) Zoning District which conditionally allows for eating and drinking places with drive-through facilities; and, WHEREAS, the existing drive-through use is considered existing legal non -conforming without the approval of a CUP; and, WHEREAS, the proposed project qualifies for an Categorical exemption consistent with CEQA section 15301: Existing Facilities, and 15305: Minor modifications in land -use limitations; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Conditional Use Permit application on May 19, 2009, and considered testimony and reports from staff, the applicants, and the public. NOW THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because ITEM NUMBER: 3 DATE: 5-19-09 of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 19, 2009, resolved to approve Conditional Use Permit 2009-0241 to, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Aerial Photo ITEM NUMBER: 3 DATE: 5-19-09 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: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA Sandy Jack Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER DATE: 5-19-09 EXHIBIT A: Conditions of Approval / Mitigation Monitoring PLN 2009-1329 / CUP 2009-0241 Conditions of Approval Timing Responsibility /Monitoring PLN 2009-1329 / CUP 2009-0241 FM; Final Map BL: Business License PS: Planning Services GP: Grading Permit BS: Building Services Address: 7305 EI Camino Real BP: Building Permit FI: Final Inspection FD: Fire Department PD: Police Department TO: Temporary Occupancy CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney Standard Planning Conditions 1. The approval of this application shall become final fourteen (14) days following FM PS the Planning Commission approval 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. 2. This Conditional Use Permit shall be for a drive-through eating and drinking BP PS place located on parcel 030-121-046 regardless of owner. 3. Any expansion of the building shall be subject to Conditional Use Permit BP PS, CE amendment approval. Fagade changes shall be reviewed by staff and shall be subject to the standards set forth in the Atascadero Appearance Review Manual. 4. The applicant and/or subsequent owners shall defend, indemnify, and hold On going PS harmless the City of 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 proposed development. ITEM NUMBER: 3 DATE: 5-19-09 EXHIBIT B: Aerial Photo PLN 2009-1329 / CUP 2009-0241 •�.; A � �,.�Fi r„ � v� � �fyC�'�\\/ ��a���- .. .� moi, - - �,{ �Fi. y`. ri lfQ� - � C.. fri tY t �� 0 l• � •0 ��* rr j t\•- Of ik q Project Location: 7305 EI Camino Real 7NS/ ` ``' " ��►' 9L r R I� < ;, ?w a +,