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HomeMy WebLinkAboutPC_2009-06-16_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, June 16, 2009 — 6:00 P.M. (Note Special Time) City Hall Council Chambers 6907 E1 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) City of Atascadero Planning Commission Agenda Regular Meeting, June 16, 2009 Page 2 of 4 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MAY 19, 2009. 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).) 2. AMENDMENT TO ZONE CHANGE 2003-0058,9020 WEST FRONT ROAD Property West Front Village, LLC, 1301 Chorro Street, San Luis Obispo, CA 93401 Owner/Applicant: Project Title: Amendment to Zone Change 2003-0058 Project Location: 9020 West Front Road, Atascadero, CA 93422 (San Luis Obispo County) APN 056-131-025 through 033 Project Description: The proposed project includes an Amendment to the PD -23 text in Title 9, Planning and Zoning Section 9-3.668 of the Atascadero Municipal Code. The proposed Amendment would add "indoor recreation services and amusement services" to the list of allowable uses in the business park portion of the Planned Development (APN 056-131-025 through 033, behind the hotel). The parking requirement for future indoor recreation services on these lots is proposed to be specified in the PD -23 code text with this Amendment. General Plan Designation: GC, MDR Zoning District: CR, RMF -10, PD -23 Proposed Consistent with previously certified Mitigated Negative Declaration 2005-0165. Environmental Determination: City of Atascadero Planning Commission Agenda COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT Regular Meeting, June 16, 2009 Page 3 of 4 The next regular meeting of the Planning Commission is scheduled for July 7, 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, June 16, 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: 1 DATE: 6-16-09 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting - Tuesday, May 19, 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: Vice Chairperson Moreno, Commissioners Bentz, Colamarino, Schmidt and Ward Absent: Chairperson Jack, Commissioner Sturtevant Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace and Senior Planner Kelly Gleason APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Colamarino to approve the agenda. Motion passed 5:0 by a roll -call vote. PC Draft Minutes of 05/19/09 Page 1 of 5 PUBLIC COMMENT - None PLANNING COMMISSION BUSINESS -None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MARCH 17, 2009. 2. APPROVAL OF TIME EXTENSION FOR CONDITIONAL USE PERMIT 2004- 0137 FOR 9700 EL CAMINO REAL (PATEL) MOTION: By Commissioner Bentz and seconded by Commissioner Schmidt to approve the Consent Calendar. Motion passed 5:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS - None PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: • No Ex Parte communications. PC Draft Minutes of 05/19/09 Page 2 of 5 3. PLN 2009-1329, CONDITIONAL USE PERMIT FOR DRIVE-THRU APPROVAL AT EXISTING NON -CONFORMING RESTAURANT AT 7305 EL CAMINO REAL Property Owners: 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 project consists of an application to establish a drive-through use through the Description: Conditional Use Permit process. The site currently contains a drive-through restaurant which is considered a legal non -conforming 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 modification Environmental to Land Use limitations. Determination: Senior Planner Kelly Gleason gave the staff report and answered questions of the Planning Commissioners. She indicated that the owners are actively pursuing tenants for the building. Commissioner Colamarino asked staff if the proposed resolution would allow a tenant to put in a drive-through liquor store, or if the definition is legally adequate to provide a limitation on the use, or if it would be necessary to add a condition in the resolution. He also asked staff to explain the current status of the property, the legal non -conforming use, occupancy, and how long it has been vacant. Commissioner Bentz said the community has lived with this restaurant for 12 years. He believes it is the right of the property owner to request and receive approval from this Commission, and it wouldn't be right for the Commission to try to change that. Only the Council could act as a legislative body and make a change to the law that says it can't be done. He does not agree with Commissioner Colamarino that there is anything alarming about this application. Commissioner Colamarino asked that it be noted for the record that his position has been misstated by Commissioner Bentz. PC Draft Minutes of 05/19/09 Page 3 of 5 PUBLIC COMMENT: Mandi Pickens from Kirk Consulting, applicant's representative, spoke about the project and explained that granting this Conditional Use Permit will be important for the owner in today's economy to seek out a tenant. A specific tenant has not yet been chosen for the site. Vice Chairperson Moreno closed the Public Comment period. Community Development Director Warren Frace confirmed that the CUP's conditions do state that this project will be for a drive-through eating and drinking place only. The Commission agreed that notification signage about the steep driveway should be added as a condition of approval. MOTION: By Commissioner Colamarino and seconded by Commissioner Ward to: 1. Adopt Resolution PC 2009-0020 recommending that Planning Commission approve PLN 2009-1329, Conditional Use Permit 2009-0241, to allow a drive- through eating and drinking facility within the Commercial Retail Zone, with an added to condition for the applicant to work with staff on signage to notify large vehicles of the steep driveway on to EI Camino Real. Motion passed 5:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Ward stated that the City is hosting two traditional Memorial Day services. One will be held at the Atascadero Cemetery and the other at the new Veterans Memorial. Commissioner Schmidt said that Sam Blakeslee was advertising for Memorial Day on television, and had our City's Veterans Memorial in the background. DIRECTOR'S REPORT • The next meeting is June 2, 2009. On the agenda will be an amendment to the Colony at Apple Valley, and an update on a two pending Zone Changes (Boutique Events and Zoning Ordinance). • Wal-Mart is moving forward. The EIR Contract consultant has been selected, and will go to Council for final approval on June 26, 2009. PC Draft Minutes of 05/19/09 Page 4 of 5 ADJOURNMENT - 7:38 p.m. The next regular meeting of the Planning Commission is scheduled for June 2, 2009, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY Annette Manier, Recording Secretary PC Draft Minutes of 05/19/09 Page 5 of 5 ITEM NUMBER: 2 DATE: 6-16-09 Atascadero Planning Commission Staff Report — Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org PLN 2099-0997 Zone Text Change 2003-0058 Amendment Amendment to PD -23 Standards to Allow Indoor Recreation and Amusement Services (West Front Village, LLC) SUBJECT: Proposed Zone Text Change to amend Planned Development 23 (PD -23) overlay zone text (Section 9-3.668 of the Atascadero Municipal Code) to allow indoor recreation services and amusement services as allowed uses in the business park portion of the PD -23 Master Plan of Development, with specific parking requirements. RECOMMENDATION: Staff recommends the Planning Commission adopt.- Resolution dopt. Resolution PC 2009-0024, recommending that the City Council introduce an ordinance for first reading, by title only, to approve an Amendment to Zone Text Change 2003- 0058, to add indoor recreation services and amusement services to the allowed uses in the business park portion of the PD -23 with special parking requirements, based on findings. Situation and Facts 1. Property Owner/Applicant West Front Village, LLC 1301 Chorro Street San Luis Obispo, CA 93401 2. Project Address: 9020 West Front, Atascadero, CA 93422 (San Luis Obispo County) APN 056-131-025 through 033 4. General Plan Designation: General Commercial (GC) ITEM NUMBER: 2 DATE: 6-16-09 5. Zoning District: Commercial Retail (CR) w/ PD -23 overlay 6. Site Area: 12,700 square feet (business park parcels only) 7. Existing Use: Business park sites currently vacant 8. Environmental Status: Consistent with previously certified Mitigated Negative Declaration 2005-0165 DISCUSSION: Background: West Front Village was originally approved by City Council on September 27, 2005. The original project approval included a General Plan Amendment and Zone Change to establish a mix of medium density multi -family, single-family residential and general commercial on the 13.35 -acre site. A Conditional Use Permit (Master Plan of Development) and Vesting Tentative Tract Map were approved for a 9.36 -acre portion of the site. A Zone Change was approved (ZCH 2003-0058) to establish a Planned Development Overlay 23 (PD -23) Zoning District for the entire project area. The PD -23 includes specific requirements for parking, setbacks, and uses which are unique to the property and are required in addition to the underlying commercial and residential zoning on the property. Several amendments have been done on this project to change features of the original project such as site layouts, commercial uses, lot lines, floor plans and elevations. The currently approved Master Plan of Development includes the following areas of use: • Retail/ Fast Food/ Restaurant 10,000 square feet • Hotel 79 Rooms • Business Park 13,700 square feet • Residential 32 Residences (mix attached & detached) The project site fronts both West Front Road and Portola Road. The commercial portion is oriented towards Highway 101 with primary access off West Front and a second entrance near the corner of Portola Road. The residential uses take access off of Portola Road and are located behind the commercial use. The business park is located behind the hotel site and takes access from West Front via an access easement over a common driveway owned by the adjacent commercial properties. Construction on the project is underway on many of the parcels. The Holiday Inn Express was constructed last year and opened in July of 2008. The Jack in the Box is currently under construction on the corner of Portola and West Front. On-site and off- site improvements, including a majority of the streets and driveways, sidewalks, curbs, ITEM NUMBER: 2 DATE: 6-16-09 drainage basins, and utilities have been installed on the commercial and residential lots. Preliminary grading has been done for the entire Master Plan of Development. Approved Site Plan: West Front Master Plan of Development Analysis: The site owner, West Front Village, LLC, is currently working with a potential tenant who is interested in opening a laser tag and arcade business in the business park portion of the West Front project. The business park area is located directly behind the Holiday Inn off a shared driveway on the neighboring property. Laser tag is categorized as "indoor recreation services" and an arcade is categorized as "amusement services" in the Atascadero Municipal Code (AMC Section 9-3.701: Land Use Descriptions.) The PD -23 text (AMC Section 9-3.668) which was established with original project in 2005 identifies which uses are allowed and conditionally allowed in both the commercial and business park portions of the Master Plan of Development. Since indoor recreation and amusement services are not currently identified as either allowed or conditional uses in the PD -23, the site owner has submitted an application to amend the PD -23 code text to allow indoor recreation services and amusement services as allowed uses in the business park portion of the PD -23 Master Plan of Development. If approved, the laser tag and arcade business would be allowed to operate on the subject site behind the Holiday Inn. ITEM NUMBER: 2 DATE: 6-16-09 Site Plan: Business Park portion of PD -23 Proposed to be used as laser tag and arcade business; Zone Text Change required Access from sha d driveway O SAM �uv i gl �,. IN FLOORFINISH O r l� 4 0� o 3 STALLS 3 STALL0-0, v o , , PA ilu 001 I!� f -, v� iu <� 4 1 LDING'B' FLOORFINISH , Site Plan: Business Park portion of PD -23 Proposed to be used as laser tag and arcade business; Zone Text Change required ITEM NUMBER: 2 DATE: 6-16-09 A preliminary site plan for the entire West Front project was approved with the Master Plan of Development in 2005. Two buildings were approved for the business park portion of project, totaling a combined area of approximately 13,000± square feet of floor area. Corresponding elevations were approved for the design of the facades. Thirty-three (33) parking spaces were provided within the business park with the preliminary site plan, creating a parking ratio of 1 parking space per 400 square feet of floor area. Section 9-4.118 of the Atascadero Municipal Code has specific requirements for different types of uses. Warehouses and other low intensity uses require parking ratios around 1 space per 500 square feet. Higher intensity uses will require more parking. Amusement services, such as arcades, require 1 parking space per 100 square feet of floor area. In order to provide additional parking on the business park site for the proposed laser tag and arcade business, additional parking is proposed to be provided in place of loading zone in front of the industrial roll up doors on the buildings. This would bring the total on-site parking up to 42 total spaces, with a parking ratio of approximately 1 space per 300 square feet of floor area. The code text of the PD -23 is proposed to be amended to reflect this parking layout: (g) Parking for the commercial and hotel use areas shall total the combined required parking spaces shared among each use, as identified in the master plan of development. All uses within the business park area shall provide parking as shown on the Master Plan of Development, with the exception of indoor recreation and amusement services which shall provide parking at a ratio of no less than 1 saace Der 300 sauare feet of floor area. The parking lot layout, site plan, and elevations are consistent with the approved Master Plan of Development. A finding has been included in the attached Resolution which states that the characteristics of the proposed indoor recreation and amusement park uses and/or the immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by AMC section 9-4.115, and therefore, reduced parking as proposed, will be adequate to accommodate all of the on-site parking needs generated by the use. Proposed Environmental Determination: The City Council certified the Mitigated Negative Declaration for the West Front project on September 27, 2005. The proposed Zone Text Change Amendment is consistent with the original Certified Mitigated Negative Declaration 2005-0165. ITEM NUMBER: 2 DATE: 6-16-09 Conclusion: A Zone Text Change has been submitted to amend Planned Development 23 (PD -23) overlay zone text (Section 9-3.668 of the Atascadero Municipal Code) to allow indoor recreation services and amusement services as allowed uses in the business park portion of the PD -23 Master Plan of Development. This would allow for a laser tag and arcade business to operate on the site. Specific parking requirements are proposed to be included in the amended PD -23 text. The parking lot layout, site plan, and elevations are consistent with the approved Master Plan of Development. The proposed text amendments are consistent with the General Plan, which is implemented by the Zoning Ordinance. ALTERNATIVES: 1. The Commission may recommend modifications of the text amendments 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 Commission should specify the reasons for denial of the project and recommend an associated finding with such action. ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Draft Resolution PC 2009-0024 ITEM NUMBER: 2 DATE: 6-16-09 Attachment 1: Location Map, General Plan and Zoning Business Park portion of West Front Planned Development: General Plan Designation: General Commercial Zoning District: Commercial Retail, with Planned Development 23 overlay ITEM NUMBER DATE: 6-16-09 Attachment 2. Draft Resolution PC 2009-0024 DRAFT RESOLUTION PC 2009-0024 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND ATASCADERO MUNICIPAL CODE SECTION 9-3.668 BY APPROVING AN AMENDMENT TO ZONE CHANGE 2003-0058 TO AMEND PLANNED DEVELOPMENT OVERLAY DISTRICT #23 TEXT APN 056-131-131 through 056-131-033 9020 West Front Road (West Front Village, LLC) WHEREAS, an application has been received from West Front Village, LLC (1301 Chorro Street, San Luis Obispo, CA 93401), Property Owner and Applicant, to consider a project consisting of a Zone Code Text Amendment to change the PD -23 (Planned Development #23) zoning text to add indoor recreation services and amusement services to the allowed uses in the business park portion of the project, with a specified parking requirements, at 9020 West Front Road (APN 056-131-131 through 056-131-033); and, WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, an the Zone Code Text Amendment is in substantial conformance with Certified Mitigated Negative Declaration 2005-0165 prepared for the original project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing and commercial opportunities within the City; 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, ITEM NUMBER DATE: 6-16-09 WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text 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 zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on June 16, 2009, studied and considered Zone Change 2003-0058 Amendment, after first studying and considering Certified Mitigated Negative Declaration 2005-0165, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Text Change. The Planning Commission finds as follows: 1. The Planning and Zoning text change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the Planned Development Overlay #23 (PD -23) standards will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The text change will not, in itself, result in significant environmental impacts. 4. The characteristics of the proposed indoor recreation and amusement services uses and/or the immediate vicinity of the site do not necessitate the number of parking spaces, type of design, or improvements required by this AMC section 9-4.115, and therefore, reduced parking as proposed and previously approved with the Master Plan of Development, will be adequate to accommodate all parking needs generated by the allowed uses on the site. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on June 16, 2009 resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would amend the City Zoning code text with the following: 9-3.668 Establishment of Planned Development Overlay Zone No. 23: (PD23). Planned Development Overlay Zone No. 23 is established as shown on the official zoning maps (Section 9-1.102 of this title). A Planned Development Overlay Zone No. 23 is established on parcels APN 056-131-015, 017, 018, and 019 with a combined gross acreage of 13.35 acres. The maximum residential density within the planned development shall not exceed the following: fourteen (14) single family courtyard homes, eighteen (18) multifamily duplex units (as shown on the master plan of development). The development standards contained within the master plan of development document (CUP 2003-0108), as conditioned, shall be applied to all future development within the project area, and as follows: ITEM NUMBER: 2 DATE: 6-16-09 (a) The master plan of development (CUP 2003-0108) for the site shall be approved. 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) Each dwelling unit, 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 and as conditioned. (e) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. (f) "The residential lots shall provide parking based on the multifamily development parking standards set forth in the Atascadero Municipal Code. A minimum of two (2) parking spaces shall be provided on each lot, either within the garage or in the driveway of the unit. A minimum of one (1) guest parking space shall be provided on each lot in addition to any garage parking. A dedicated residential parking area shall be provided to meet the overall Atascadero Municipal Code multifamily parking requirements. On -street parking shall not be used to satisfy the parking requirements." (g) Parking for the commercial and hotel use areas shall total the combined required parking spaces shared among each use, as identified in the master plan of development. All uses within the business park area shall provide parking as shown on the Master Plan of Development, with the exception of indoor recreation and amusement services which shall provide parking at a ratio of no less than 1 space per 300 square feet of floor area. (h) All landscaping shown on the approved landscape plan will be installed by the developer and shall be permanently maintained as approved. (i) Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area. Q) Trash for the commercial uses shall be stored within the designated receptacle area and shall include recyclable waste. (k) All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground. (1) Alterations, additions, or conversions to established dwelling units and/or commercial buildings shall be subject to the density and site development standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines. (m) All trees shown to be protected on the approved master plan of development shall be maintained. Native trees within the 3.99 acre SFR -X parcel APN 056-131-015 shall be preserved unless deemed hazardous and unsafe by a certified arborist. Any other future tree removal shall require approval per the requirements set forth in the Atascadero Native Tree Ordinance. (o) Allowed uses for the commercial portion of the project fronting West Front shall be as prescribed as follows: ITEM NUMBER DATE: 6-16-09 Allowable uses: (1) Building materials and hardware (see Section 9-6.165 of this title); (2) Food and beverage retail sales; (3) Furniture, home furnishings and equipment; (4) General merchandise stores; (5) Mail order and vending; (6) Temporary or seasonal sales (see Section 9-6.174 of this title); (7) Financial services; (8) Health care services; (9) Personal services; (10) Light repair services; (11) Eating and drinking places; (12) Horticultural specialties (see Section 9-6.116 of this title); (13) Business support services, where all areas of use are located within a building; (14) Hotels and motels; (15) Schools (see Section 9-6.125 of this title); (16) Temporary events (see Section 9-6.177 of this title). Conditional uses: (1) Amusement services; (2) Bar/tavern; (3) Eating and drinking places with drive-through facilities; (4) Service station (see Section 9-6.164 of this title); (5) Public assembly and entertainment; (6) Indoor recreation services; (7) Animal hospitals (see Section 9-6.110 of this title); (8) Food and kindred products (see Section 9-6.128 of this title); (9) Indoor auto dealers (new and used) and supplies (see Section 9-6.163 of this title). (p) Allowed uses for the business park portion of the project behind the hotel shall be as prescribed as follows: Allowable uses: (1) Broadcast studios; (2) Building materials and hardware (see Section 9-6.165 of this title); (3) Furniture, home furnishings and equipment; (4) General merchandise stores; (5) Mail order and vending; (6) Temporary or seasonal sales (see Section 9-6.174 of this title); (7) Financial services; (8) Health care services; (9) Offices; (10) Small scale manufacturing; (11) Temporary offices (see Section 9-6.176 of this title); (12) Personal services; (13) Light repair services; (14) Accessory storage (see Section 9-6.103 of this title); (15) Membership organizations; (16) Horticultural specialties (see Section 9-6.116 of this title); (17) Business support services, where all areas of use are located within a building; ITEM NUMBER: 2 DATE: 6-16-09 (18) Social and service organizations; (19) Libraries and museums; (20) Amusement Services; (21) Indoor Recreation Services; and {-28}_(L21 Temporary events (see Section 9-6.177 of this title). Conditionally allowable uses: (1) Indoor auto dealers (new and used) and supplies (see Section 9-6.163 of this title). (Ord. 486 § 2, 2005) 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. 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: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Sandy Jack Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- GPA - General Plan Amendments\GPA 03\GPA 2003-0005 Shannon Portola-West Front\2009 PD -23 ZCH amendment - indoor rec\Text Change.SR.ct.doc