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Home My WebLink AboutPC_2008-02-05_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, February 5, 2008 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson O'Keefe Vice Chairperson Fonzi Commissioner Jack Commissioner O'Grady Commissioner Slane Commissioner Marks Commissioner Heatherington Chairperson will read the decorum guidelines PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA PLANNING COMMISSION BUSINESS 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. City of Atascadero Planning Commission Agenda PUBLIC COMMENT Regular Meeting February 5, 2008 Page 2 of 4 (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 five 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.) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 15, 2008. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (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 five 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. PLN 2099-0243 AMENDMENT TO CUP 2000-0014,905 EL CAMINO REAL Owner: Atascadero 101 Associates, 2925 Bristol St., Costa Mesa, CA 92626 Applicant: Peter Koetting, Westar Associates, 2925 Bristol St., Costa Mesa, CA 92626 Project Title: PLN 2099-0243, Amendment to CUP 2000-0014 Project 905 EI Camino Real, Atascadero, CA 93422 Location: (APN 049-045-019) San Luis Obispo County Project The proposed project consists of an application for a Conditional Use Permit (Master Plan of Description: Development) Amendment to an approved Gas Station development in Phase II of the Home Depot Master Plan. The Amendment includes minor site plan modifications from the previously approved configuration including the elimination of a drive-through component and elimination of a carwash facility. General Plan Designation: Commercial Park Zoning District: Commercial Park / Planned Development Overlay #9 Proposed Consistent with the previous environmental review for the Home Depot Plan, Phase II. Environmental Determination: City of Atascadero Planning Commission Agenda Regular Meeting February 5, 2008 Page 3 of 4 COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on February 19, 2008 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 February 5, 2008 Page 4 of 4 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m., at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall Annex business hours at the Community Development counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against, or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 5 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Chairperson before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). CALL TO ORDER ITEM NUMBER: 1 DATE: 2-5-08 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, January 15, 2008 — 7:00 P.M. Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner Marks led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Jack, Marks, O'Grady, Slane, Fonzi and Chairperson O'Keefe Absent: None Others Present: Recording Secretary Grace Pucci Staff Present: Community Development Director Warren Frace, Public Works Director / City Engineer Steve Kahn, Deputy Community Development Director Steve McHarris, and Associate Planner Callie Taylor. Chairperson O'Keefe read the decorum guidelines. PLANNING COMMISSION BUSINESS Commissioner O'Grady spoke about the Conditional Use Permit approved at the last meeting for a drive through restaurant on EI Camino Real, and read from the January 16, 2007 staff report for the site clarifying that a drive through had not been approved at that time. Commissioner O'Grady suggested that the Commission's decision on the drive through could be reconsidered in light of the information he provided and asked if the prevailing Commissioners would be interested in reconsidering this decision. The PC Draft Minutes 01/15/08 Page 1 of 8 prevailing Commissioners chose not to move for a reconsideration of their prior decision. APPROVAL OF AGENDA MOTION: By Vice Chairperson Fonzi and seconded by Commissioner Jack to approve the agenda. Motion passed 7:0 by a roll -call vote. DISCLOSURE OF EX PARTE COMMUNICATIONS: Commissioner Marks stated he visited the sites for Items #2, 4, and 5, but did not talk with anyone. Chairperson O'Keefe stated that when she went to the site for Item #2 the applicants were at home and she spoke with them. Commissioner O'Grady stated he tried to get background information regarding the prior Council direction on Item #5 and spoke with Mayor Brennler and Mayor Pro Tem Beraud. PUBLIC COMMENT Orem CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON DECEMBER 18, 2007. 2. APPROVAL OF TIME EXTENSION ON TENTATIVE PARCEL MAP 2004-0065, 6910 NAVAJOA AVE., (YOUNG/VAUGHN) MOTION: By Commissioner Heatherington and seconded by Commissioner Marks to approve Items # 1 and 2. Motion passed 7:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS PC Draft Minutes 01/15/08 Page 2 of 8 PUBLIC HEARINGS 3. PLN 2007-1262, CONDITIONAL USE PERMIT, 13765 MORRO ROAD Owner- James W. Smith, Midstate Properties, 1320 Archer St., San Luis Obispo, CA 93401 Applicant: Kristen M. Silva, 13765 Old Morro Rd., Atascadero, CA 93422 Project Title: PLN 2007-1262/CUP 2007-0222 Project Location: 13765 Old Morro Road, Atascadero, CA 93422 (San Luis Obispo County) APN 055-311-018 Project An application for a Conditional Use Permit to establish a dog kennel within an existing Description: residence. The application includes dog runs and kennels for the purpose of selling puppies. All facilities are existing and there will not be any additional construction. Proposed Class 1, Categorical Exemption Section 15301: Existing Facilities Environmental Determination: Associate Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Kristen Silva, applicant, explained why she was requesting the Use Permit, and answered questions of the Commission. Brandon Silva, applicant, answered questions of the Commission. Tony Merrill, neighbor to this site, spoke in support of the applicants and their project. Chairperson O'Keefe closed the Public Comment period. MOTION: By Commissioner Jack and seconded by Commissioner Marks to adopt Resolution PC 2008-0002 approving Minor Conditional Use Permit 2007-0222 based on findings and subject to Conditions of Approval. Motion passed 7:0 by a roll -call vote. 4. PLN 2007-1271, CONDITIONAL USE PERMIT AMENDMENT, 5000 SAN PALO Owner: San Palo Partners, LLC c/o Ogden & Fricks, LLP, 656 Santa Rosa Street, 2" Floor, San Luis Obispo, CA 93401 Applicant: Bill Royer, 1375 Lincoln Lane, Lemoore, CA 93245 Project Title- PLN 2007-1271/CUP Amendment for CUP 1999-002 Project Location• 5000 San Palo Road, Atascadero, CA 93422 PC Draft Minutes 01/15/08 Page 3 of 8 Associate Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Bill Royer, applicant, explained why he was requesting the amendment and answered questions of the Commission. Richard Shannon stated he had been working with the applicant for the past year and that this site is highly suitable for this business, which would be an asset for the community. Joanne Main, President/CEO Chamber of Commerce, expressed her support for this process and for the applicant. Chairperson O'Keefe closed the Public Comment period. There was Commission discussion regarding the other allowed uses for this site. PUBLIC COMMENT Bill Royer clarified issues raised during the Commission's discussions and answered their questions. Chairperson O'Keefe closed the Public Comment period. MOTION: By Commissioner O'Grady and seconded by Commissioner Slane to adopt Resolution PC 2008-0003 approving PLN 2007- 1271 based on findings and subject to Conditions of Approval, and that "sales lots" consist of any outdoor sales area for permanent display of boats, and recreational and/or utility boat trailers. Motion passed 7:0 by a roll -call vote. PC Draft Minutes 01/15/08 Page 4 of 8 (San Luis Obispo County) APN 049-225-008 Project An application for an Amendment to Conditional Use Permit 1999-002 to allow Description: sales and service of boats on a site currently approved and developed for automobile sales. General Plan Designation: General Commercial (GC) Zoning District: Commercial Tourist (CT) Proposed Class 1, Categorical Exemption Section 15301: Existing Facilities Environmental Determination: Associate Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Bill Royer, applicant, explained why he was requesting the amendment and answered questions of the Commission. Richard Shannon stated he had been working with the applicant for the past year and that this site is highly suitable for this business, which would be an asset for the community. Joanne Main, President/CEO Chamber of Commerce, expressed her support for this process and for the applicant. Chairperson O'Keefe closed the Public Comment period. There was Commission discussion regarding the other allowed uses for this site. PUBLIC COMMENT Bill Royer clarified issues raised during the Commission's discussions and answered their questions. Chairperson O'Keefe closed the Public Comment period. MOTION: By Commissioner O'Grady and seconded by Commissioner Slane to adopt Resolution PC 2008-0003 approving PLN 2007- 1271 based on findings and subject to Conditions of Approval, and that "sales lots" consist of any outdoor sales area for permanent display of boats, and recreational and/or utility boat trailers. Motion passed 7:0 by a roll -call vote. PC Draft Minutes 01/15/08 Page 4 of 8 5. PLN 2007-1197, PLN 2007-1243, PLN 2007-1251, 6905 NAVAJOA AVE. PLANNED DEVELOPMENT Owners: Lot 1: Atascadero Homeowners, LLC, Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Lots 2 & 3: MLW Holdings, LLC, P.O. Box 604, Atascadero, CA 93423 Applicants: General Plan Amendment: City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422 Planned Development Project: Adamski, Moroski, Madden & Green, LLP, P.O. Box 3835, San Luis Obispo, CA 93403 Project Title: PLN 2007-1243 / PLN 2007-1251/ PLN 2007-1197 General Plan Amendment for Atascadero Avenue 11 -Unit Residential Planned Development Project Location: 6905 Navajoa Avenue, Atascadero, CA 93422 (San Luis Obispo County) APN 030-283-005; Lots 1, 2, and 3 Project The project consists of an application for a City initiated General Plan Text Description: Amendment, Land Use Diagram Amendment, and Zoning Map Amendment. The project site is approximately 1.9 acres and consists of three parcels. The General Plan Land Use designation on Lot 1 would be changed from Recreation to High Density Residential. Currently, the General Plan requires that the project site be developed with a Master Plan of Development, including a minimum'/2 acre park on Lot 1. This application proposes to amend the Master Plan of Development to remove the requirement for a '/2 acre park, and allow two residential units on Lot 1. Two separate applications have been submitted for the development of the parcels. 1. Lot 1: A PD -7 Overlay is proposed on Lot 1. A Parcel Map is included which proposes to create three parcels, two of which will be developed with single-family residences, and the third is proposed as a private park. 2.) Lots 2 & 3: The project proposes a PD -7 Overlay with nine single-family units. The project includes a tree removal application for 8 Black Walnuts, totaling 310 inches DBH. Lot sizes in both projects range from 5700-8700 sq. ft. The residences are proposed at approximately 1567 sq. ft. with two -car garages. A total of 4,040 cu. yards of fill will be required to develop the 11 units. Drainage basins are incorporated into the site plan and the residences would connect to City sewer. General Plan Designation: High Density Residential (HDR) & Recreation (REC) Zoning District: Residential Multi -Family -16 (RMF -16) & Recreation (L) Proposed Based on the Initial Study prepared for the project, a Negative Declaration is Environmental proposed. The proposed Negative Declaration is available for public review from Determination: December 27, 2007 through January 15, 2008 at 6907 EI Camino Real, Community Development Department, from 8 a.m. to 5 p.m., Monday through Friday. Associate Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Ty Green, applicant's representative, stated there would be no homeowners association for this project, spoke about the buffer area, and explained why the original park idea has gone away. Mr. Green answered questions of the Commission. Kelly Gearhart, applicant, answered questions of the Commission. PC Draft Minutes 01/15/08 Page 5 of 8 Sharon Turner stated her support for the development of this site and asked several questions regarding traffic safety, the need for stop signs to slow traffic, noise buffers and the fence proposed for the site. Brian Newsome expressed concern regarding the corner of the landscape buffer and the drainage at that site. Mr. Newsome asked for a condition that the drainage in the area be looked at seriously. Kelly Gearhart addressed traffic and drainage issues raised by the previous speakers. Sharon Turner asked about a homeowners association for the project and if the road could be paved on all three sides. Chairperson O'Keefe closed the Public Comment period. City Engineer Steve Kahn addressed issues raised during the Public Comment period. Commissioner Heatherington stated she had a hard time getting past 1/10 of an acre not being for the public, and questioned if it would be a gift of public funds. Community Development Director Frace stated this was not a gift of public funds and explained the requirement under the city's ordinances and sub division map act. Commissioner O'Grady spoke of the vision of the General Plan and stated the elimination of the public park at this location is a cut to that plan. He commented that the benefits of this project were dubious and was concerned with the slow housing market at this time and its affect on this project. In addition he stated that given the amount of money the Council has been authorizing for consultants, the maintenance costs for this park was not a burden; rather it was a question of priorities. Chairperson O'Keefe recessed the hearing at 9:25 p.m. Chairperson O'Keefe called the meeting back to order at 9:30 p.m. MOTION: By Commissioner Slane and seconded by Commissioner Jack to adopt Resolution PC 2008-0004 recommending that the City Council certify Proposed Mitigated Negative Declaration 2007- 0027; and, adopt Resolution PC 2008-0005 recommending that the City Council approve General Plan Amendment 2007-0019, amending the development requirements identified in General Plan Table 11-5, Master Plan of Development Overlay #12: "Atascadero Avenue Triangle," and changing the General Plan Land Use Designation on Lot 1 of APN 030-283-005 from Recreation (REC) to High Density Residential (HDR); and, adopt Resolution PC 2008-0006 recommending that the City PC Draft Minutes 01/15/08 Page 6 of 8 Council introduce an Ordinance for first reading by title only, to approve Zoning Map Amendment 2007-0140, changing the Atascadero Municipal Code Zoning Designation on Lot 1 of AON 030-283-005 from Recreation (L) to Residential Multi- family, with 16 units per acre (RMF -16); and, adopt Resolution PC 2008-0007 recommending that the City Council introduce an Ordinance for first reading by title only, to approve Zone Change 2007-0145 to allow a 9 -unit PD -7 and Zone Change 2007-0146 to allow a 2 -unit PD -7 based on findings; and, adopt Resolution PC 2008-0008 recommending that the City Council approve Conditional Use Permit 2007-0208 (Master Plan of Development for 9 -unit PD -7) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution PC 2008-0009 recommending that the City Council approve Tentative Tract Map 2007-0101 to create nine parcels on Lots 2 and 3, based on findings and subject to Conditions of Approval and Mitigation Monitoring. Adopt Resolution PC 2008-0010 recommending that the City Council approve Conditional Use Permit 2007-0219 (Master Plan of Development for 2 -unit PD -7 and private park) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution PC 2008-0011 recommending that the City Council approve Tentative Parcel Map 2007-0091 to create three parcels on Lot 1, based on findings and subject to Conditions of Approval and Mitigation Monitoring. The following changes will be made to the conditions: 1. A traffic warrant study to be done concerning Atascadero Avenue and San Andreas streets and how traffic impacts that. 2. Reduce the fence size of the buffer zone to five foot. 3. Accept the staff recommendations for the change of colors and architecture 4. Conditions No. 9, of both the Master Plan of Development and Map shall read: All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The bulleted list to remain unchanged. 5. Conditions No. 10 of both the Master Plan of Development and Map shall read: The private open space feature at the corner of Atascadero Avenue and San Andreas shall be maintained and owned by the property owner. All landscape shall be maintained in good condition and the site shall be kept free of litter and graffiti. Motion passed 5:2 by a roll -call vote. (O'Grady, Heatherington opposed) PC Draft Minutes 01/15/08 Page 7 of 8 COMMISSIONER COMMENTS AND REPORTS Vice Chairperson Fonzi asked if the Eagle Ranch workshop would be recorded. Community Development Director Warren Frace explained that the workshop was completely developer/applicant driven and he did not know if it would be recorded or if notes would be available. Commissioner Marks questioned how many Commissioners would be present for the February 5t" meeting as it falls on Election Day. It was determined there would be sufficient Commissioners present for the meeting. Director Frace reviewed the agenda for the next meeting. There was Commission consensus that the election for Commission Chair and Vice Chair would be held at the second meeting in February. DIRECTOR'S REPORT Community Development Director Warren Frace announced that the neighborhood meeting for the Eagle Ranch project would be held on Thursday, 6:30 p.m. at the Lake Pavilion. Director Frace distributed a matrix on all uses within the zoning ordinance and asked the Commission to review the information and forward input to staff. There will be a Planning Commission workshop in Los Angeles in March sponsored by UCLA; Commissioners interested in attending should inform Director Frace or Annette Manier. Director Frace gave an update on the Office Depot project at Mission Oaks and the window issue. ADJOURNMENT Chairperson O'Keefe adjourned the meeting at 9:54 p.m. to the next regularly scheduled meeting of the Planning Commission on February 5, 2008. MINUTES PREPARED BY: Grace Pucci, Recording Secretary PC Draft Minutes 01/15/08 Page 8 of 8 ITEM NUMBER: 2 DATE: 2 -s -n8 Atascadero Planning Commission Staff Report - Community Development Department Home Depot Phase 11 Master Plan of Development Amendment CUP 2000-0014 905 EI Camino Real (Westar Associates / Chevron) RECOMMENDATION: Staff Recommends Planning Commission: Planning Commission adopt Resolution PC 2008-0012 to approve Amendments to the Home Depot Master Plan of Development based on findings and subject to conditions of approval. REPORT -IN -BRIEF: The proposed project consists of an application for a Conditional Use Permit (Master Plan of Development) Amendment to an approved Gas Station development in Phase II of the Home Depot Master Plan. The Amendment includes minor architectural modifications and the elimination of a drive-through and carwash component of the project. DISCUSSION: Situation and Facts: 1. Owner: Atscadero 101 Associates 2925 Bristol Street, Costa Mesa, CA 92626 2. Applicant: Peter Koetting, Westar Associates 2925 Bristol Street, Costa Mesa, CA 92626 3. General Plan Designation: Commercial Park 4. Zoning District: 5. Environmental Status Background ITEM NUMBER: 2 DATE: 2.5_pg Commercial Park / Planned Development Overlay #9 Consistent with the previous environmental review for the Home Depot Plan, Phase II On March 16, 1999, the Planning Commission approved a Master Plan of Development and Mitigated Negative Declaration for Planned Development #9 allowing the phased construction of 239,000 square feet of commercial buildings. Included in the Master Plan was a gas station pad with 4 pump islands and the potential for a combined drive- through restaurant component. On August 3, 1999, the Planning Commission approved the Amendment of Phase 1 of the MPD including a Home Improvement Center of ±128,000 square feet and a 13 -lot parcel map. Phase 1 is located on the east side of EI Camino Real and Phase 2 on the west. UNION RACInc RAILROAD��- p4yo \\ \\ L ee� I.eetluaa •yea !T/i N.eef ruuvq nemm we scats Pn�aro sh I I \ \ 1 1 \ s � o 8/3/99 Master Plan of Development as Approved ITEM NUMBER: 2 DATE: 7_r%_nss On September 5, 2000, an Amendment to Phase II of the Home Depot center was approved which included three separate commercial buildings totaling 55,300± square feet, a gas station with 5 pump islands and a carwash facility, architectural elevations, and a master site landscape plan. BEE CW DWW - \ - - � - �\ / ` .EOR ALl EXI8i►q TFEEB /' � � 7�2xymr+s nns AREe 46PEN SPACE - TREE PRESVE • - - � DPF OAK TREE TO BE BE PRESERVED / '- '_/ UNE OF RETAMM BOTTO OF WALL (SEE C \� TYPICAL SECTION 'A' OPEN SPACE TREE PRESERVE N 7 111 B ME= FO'G WALL % MR HOME DEPOT %%q - - TOP OF PROP. RETO WALL / M � 7T FREEwRC CEniE�. V SfJ 9/5/00 Master Plan of Development as Approved R% I� 1t JA The current proposed Amendment includes modifications to the approved gas station elevations and eliminates the carwash and drive-through facilities. The 3 approved commercial buildings will not be changed as part of this application. Modifications to the parking layout are proposed to accommodate the site plan changes. Analysis The proposed Amendment includes minor adjustments to the building footprint, elimination of the drive-through component, and elimination of the carwash facility. The elevations remain compatible with the previously approved Master Plan of Development. ITEM NUMBER: 2 DATE: 2-5-08 - s 1 _ E'F1 �aM WOK. � � ' N L �'� 6184th ��-- • �' 1� t- I NORTH ELEVATION 2000 Approved Gas Station Elevation N(WTH ELEVATION 2007 Proposed Gas Station Elevation Landscaping along the EI Camino Real frontage and San Ramon Road frontage has been increased due to the elimination of the drive-through and carwash facilities. The landscape palette remains consistent with the approved MPD. The project has been conditioned to eliminate the proposed turf areas and include drought -tolerant low-lying ground cover (Condition 10). All access points remain consistent with the approved Master Plan of Development. The applicant has provided a revised parking lot plan which accommodates the proposed site plan changes. A bike path/pedestrian trail will also be provided along the Freeway frontage within the existing easement dedicated for such (Condition 13). The pathway will connect to the Graves Creek trail that leads to the Anza Trail built as part of the N. Ferrocarril housing projects. General Plan Consistency The proposed amendments remain consistent with the previously approved Master Plan of Development and remain consistent with the goals and policies of the General Plan. The proposed application requests minor modifications to the proposed building elevations and eliminates a drive-through and carwash component from the Master Plan of Development. ITEM NUMBER: 2 DATE: 2 -s -n8 Proposed Environmental Determination The Mitigated Negative Declaration prepared for the project was certified by the Planning Commission on March 16, 1999. Subsequent amendments to Phase II of the Home Depot center were found to be consistent with this document. The current proposed Amendments are minor in nature and do not intensify the use or create any additional impacts. Thus, staff recommends that the Planning Commission find that the project is consistent with the previously certified environmental document. Conclusion The proposed Master Plan of Development Amendments are consistent with the General Plan and the Zoning Ordinance, including applicable provisions of the Planned Development #9 Overlay Zone. The proposed modifications to the site will allow a gas station to be developed without inclusion of a drive-through or carwash facility. The proposed architecture is consistent with the architectural concepts of the existing center and future Phase II buildings. ALTERNATIVES 1. The Commission may recommend modifications to the conditions of approval for the project. 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 deny the project. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. If the proposed amendment is denied, the original Master Plan of Development will remain in effect. PREPARED BY: Kelly Gleason, Senior Planner ATTACHMENTS: Attachment 1: Draft Resolution 2008-0012 ITEM NUMBER: 2 DATE: 2-5-m ATTACHMENT 1: Draft Resolution PC 2008-0012 DRAFT RESOLUTION PC 2008-0012 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING AN AMENDMENT TO CUP 2000-0014 TO MODIFY THE APPROVED SITE PLAN FOR THE GAS STATION PAD ON APN 049-045-019 (Westar / Chevron) WHEREAS, an application has been received from Peter Koetting, Westar Associates 2925 Bristol Street, Costa Mesa, CA 92626, (Owner and Applicant) to consider a project consisting of an Amendment to Conditional Use Permit 2000-0014 (Home Depot Phase II Master Plan of Development); and, WHEREAS, the site's current General Plan Designation is Commercial Park (CPK); and, WHEREAS, the site's current zoning district is Commercial Park / Planned Development Overlay #9 (CPK/PD9); and, WHEREAS, the commercial center is subject to a Master Plan of Development; and, WHEREAS, the proposed amendments are consistent with the previously certified Mitigated Negative Declaration prepared for the project; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 5, 2008, studied and considered amendments to CUP 2000- 0014; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: ITEM NUMBER: 2 DATE: 2-5-m SECTION 1. Findings for Approval of CUP 2000-0014 Amendment. 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 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 February 5, 2008, resolved to approve the proposed amendments to Conditional Use Permit 2000-0014 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Grading and Drainage Plan EXHIBIT D: Storm Drain Plan EXHIBIT E: Bike Path Extension Plan EXHIBIT F: Landscape Plan EXHIBIT G: Floor Plans EXHIBIT H: Elevations EXHIBIT I: Color and Materials EXHIBIT J: Signage ITEM NUMBER: 2 DATE: q_r%_nss 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 Joan O"Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 2-5-08 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Conditional Use Permit 2000-0014 Amendment 2007 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services Home Depot Phase 11 License GP: Grading BS: Building Services FD: Fire Department Conditional Use Permit Amendment Permit BP: Building PD: Police Department CE: City Engineer CUP 2000-0014 Permit FI: Final WW: Wastewater CA: City Attorney Inspection TO: Temporary Occupancy F0: Final Occupancy Planning Services 1. This Conditional Use Permit Amendment shall apply to modifications on Ongoing PS Parcel 1 of the Home Depot Center Phase II Master Plan of Development regardless of owner. 2. The approval of this use permit shall become final and effective for the Ongoing 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 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) months BP PS 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 consistent BP PS, CE with the Master Plan of Development contained herein. 7. All conditions of the original approval shall remain in effect unless stated / Ongoing PS/CE modified below. 8. All exterior elevations, finish materials, and colors shall be consistent with BP PS the Master Plan of Development as shown in EXHIBIT H, I, and J with the following modifications: ITEM NUMBER: DATE: 2-5-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services License BS: Building Services Home Depot Phase H GP: Grading FD: Fire Department Conditional Use Permit Amendment Permit BP: Building PD: Police Department CE: City Engineer CUP 2000-0014 Permit FI: Final WW: Wastewater CA: City Attorney Inspection TO: Temporary Occupancy FO: 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. ■ Final color selection shall include compatible earth toned colors, subject to staff approval. Colors shall be consistent with the approved adjacent building. 9. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT B, C, D, and E. 10. A final landscape and irrigation plan shall be approved prior to the issuance BP PS, BS of building permits and included as part of site improvement plan consistent with EXHIBIT F, and as follows: ■ All exterior meters, air conditioning units, and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ All landscaping shall be drought tolerant. Turf areas shall be replaced with low-lying drought -tolerant ground cover. 11. The developer and/or subsequent owner shall assume responsibility for the GP PS continued maintenance of all landscape and common areas, consistent with BP EXHIBIT F. 12. Signage shall be consistent with EXHIBIT X, subject to the following BP PS modifications: ■ Signage on the gas station canopy shall conform to the maximum area allowed by the Atascadero Municipal Code. 13. A bike path shall be constructed within the existing easement area. The bike path shall be constructed to connect the existing pathway facility with the sidewalk along the San Ramon Rd frontage. ITEM NUMBER: DATE: 2-5-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services Home Depot Phase H License GP: Grading BS: Building Services FD: Fire Department Conditional Use Permit Amendment Permit BP: Building PD: Police Department CE: City Engineer CUP 2000-0014 Permit FI: Final WW: Wastewater CA: City Attorney Inspection TO: Temporary Occupancy F0: Final Occupancy Public Works Department Conditions 1. Prior to the issuance of building permits the applicant shall submit plans GP, BP CE and supporting calculations/reports including street improvements, underground utilities, erosion control and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 2. Prior to the issuance of building permits the applicant shall submit GP, BP CE calculations to support the design of any storm water structures or pipes. 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. Storm water collection system shall include provisions for capturing fuel spills using methods acceptable to the Regional Water Quality Control Board. 3. Drainage basins or underground structures, if proposed, shall be GP, BP CE designed to desilt, detain and meter storm flows as well as release them to natural runoff locations in accordance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 4. Applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) GP, BP CE if greater than 1.0 acres is disturbed. The Regional Water Quality Control Board shall approve the SWPPP. 5. All public improvements shall be constructed in conformance with the City GP, BP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 6. Project shall include construction of curb, gutter and sidewalk along EI GP, BP CE Camino Real. 7. Alignment of frontage improvements shall be approved by the City GP, BP CE Engineer. ITEM NUMBER DATE: 2-5-08 EXHIBIT B: Master Plan of Development/Site Plan „ i fit~ v t a� �- a �� i//W F ] ITEM NUMBER: 2 DATE: 7_r%_nst EXHIBIT C: Grading and Drainage Plan W � 1•. sjlli . $ p lilt'411.111 C it I Ilii11U{I i ilsiu��l { `U �f {Ijj = v i e Jjl}{II MR I t / J1 1 • J) ITEM NUMBER: DATE: 2-5-08 EXHIBIT D: Preliminary Storm Drain Plan w p ,„ a flTTFF w LI�(I c1 O i' t �}ij X11. CO ! Z !i oo ii it (I ((((( rWI w Q �� r CE o V F t(1I'l� � 1 I 1 / J� ITEM NUMBER DATE: 2-5-08 EXHIBIT E: Bike Path Extension Plan F AV j� \ d ♦� o N J W ; l:J W J�'�•' Q F�.. . U a = -..........j /�•``� 1 / 1 - - - - - - --._ -----� R t ITEM NUMBER: DATE: 2-5-08 EXHIBIT F: Landscape Non Neumann 0 mammon 11 ooaaaa aaoaaa ■ ®along EIIIA v aoiaaaa 112110110131 o mmmmmm ®moe mr' ,r1 u■ O BNiBBaa B88BAB8 a HOEHN - H HARBOR oa Eroo MEMO , , , , , , n n� 111'1'('" o; s� � ITEM NUMBER DATE: 2-5-08 EXHIBIT G: Floor Plans ITEM NUMBER DATE: 2-5-08 EXHIBIT H: Elevations IRT ':iii: ®� .�`�,!!1 Somme$ so no i 0 MUN's M LIP LO P Le! mommong MEEMENO SEMEN MESON moo11 MEN mom nn! :iii:: mom ITEM NUMBER DATE: 2-5-08 EXHIBIT H: Elevations all t i :jI W C=, � g yuu e C I '. W Q 61h y I° P fI {i cc � t t2 4 �fl � I _ _ _ _ •I El `w ❑ I 0 O � Zp Q 0 0 t � I rr ITEM NUMBER DATE: 2-5-08 EXHIBIT H: Elevations it x Lu C= LU Ut Ili 11 ,Ifm C9 cc a U 11 iq till! 41 Ift�!i� v � 1 �-mry W AEJ ITEM NUMBER DATE: 2-5-08 EXHIBIT I: Color and Materials ITEM NUMBER DATE: 2-5-08 EXHIBIT I: Color and Materials z0 'dz 0 Ip �d ITEM NUMBER DATE: 2-5-08 EXHIBIT I: Color and Materials EXHIBIT J: Signage ITEM NUMBER: 2 DATE: 2-5-08 A -Z V/ / lapir A -Z V/ /