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HomeMy WebLinkAboutPC_2008-04-01_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, April 1, 2008 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Fonzi Vice Chairperson Slane Commissioner O'Keefe Commissioner Jack Commissioner O'Grady Commissioner Marks Commissioner Heatherington Chairperson will read the decorum guidelines 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 April 1, 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 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.) 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.) 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).) 1. PLN 2099-0876, RECONSIDERATION OF CONDITIONAL USE PERMIT 2005- 0148,4300 EL CAMINO REAL, CARL'S JR. Property Owner: Kmart Corporation, 3100 W. Big Beaver Rd., Troy, MI 48084 Applicant: CKE Restaurants, Inc., 401 W. Carl Karcher Way, Anaheim CA 92801 Project Title: PLN 2099-0876, Reconsideration of Conditional Use Permit 2005-0148 Project 4300 EI Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-221-063 Project The previously approved entitlement has expired. The applicant has applied for a Description: Reconsideration of the previously approved Conditional Use Permit to allow the following: The proposed project consists of an application for a Conditional Use Permit for a drive- through restaurant located on 0.83 acres within the Commercial Retail Zone. The proposal includes a main dining building with outdoor patio areas for restaurant patrons and a drive-through facility along the EI Camino Real and San Anselmo frontages. The site is currently vacant and located within the existing Kmart Shopping Center. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) Proposed Consistent with the previously certified Mitigated Negative Declaration 2005-0047. Environmental Determination: City of Atascadero Planning Commission Agenda Regular Meeting April 1, 2008 Page 3 of 4 2. PLN 2007-1190, AMENDMENT OF CONDITIONAL USE PERMIT 2007-0203, 9525 GALLINA COURT Property Owner: Milan & Ruth Vrajich, 9525 Gallina Ct., Atascadero, CA 93422 Project Title: PLN 2007-1190 / Conditional Use Permit Amendment to allow 2 additional clients at a previously approved Residential Care Facility. Project Location: 9525 Gallina Court, Atascadero, CA 93422 (San Luis Obispo County) APN 054-272-025 Project The proposed project consists of an application for a Conditional Use Permit Amendment to Description: allow up to 10 residents in a residential care facility. The facility currently is approved for 8 residents. General Plan Designation: Rural Estates (RE) Zoning District: Residential Suburban (RS) Proposed Environmental Notice of Exemption. Determination: COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on April 15, 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 April 1, 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 3 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Chairperson before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). ITEM NUMBER: 1 DATE: 4-1-08 Atascadero Planning Commission Staff Report — Community Development Department Kelly Gleason, Senior Planner, 470-3436, kgleason@atascadero.org Reconsideration Conditional Use Permit 2005-0148 4300 EI Camino Real (Carl's Jr.) SUBJECT: The proposed project consists of an application for a Reconsideration of Conditional Use Permit 2005-0148. The originally approved project allowed construction of a drive- through restaurant at 4300 EI Camino Real on an existing vacant pad in the Kmart Shopping Center. The original application was filed by Carl's Jr. and approved on January 16, 2006. The project approval expired on January 16, 2008, and the owner of the site would like to keep the entitlement active for marketing of the site. RECOMMENDATION: Staff Recommends: Planning Commission adopt Resolution PC 2008-0020 approving Conditional Use Permit 2005-0148 based on findings and subject to Conditions of Approval and Mitigation Monitoring. SITUATION AND FACTS: 1. Property Owner: Kmart Corporation, 3100 W. Big Beaver Rd., Troy, MI 48084 2. Applicant: CKE Restaurants, Inc., 401 W. Carl Karcher Way Anaheim, CA 92801 3. Project Address: 4300 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 049-221-063 4. General Plan Designation: General Commercial (GC) 5. Zoning District: Commercial Retail (CR) 6. Existing Use: Vacant site in Kmart Shopping Center 7. Environmental Status: Certified Mitigated Negative Declaration 2005-0047 DISCUSSION: Background: On January 17, 2006, the City of Atascadero Planning Commission approved an application for Conditional Use Permit 2005-0148 to entitle a drive-through restaurant on a vacant commercial pad in the Kmart Shopping Center. A subsequent action was taken by the City Council which amended the project to require full frontage improvements along the San Anselmo frontage. Conditional Use Permits are valid for twelve (12) months after Planning Commission approval unless the project has received a building permit. During the initial twelve month period, the applicant had not been issued building permits. In January 2007, the applicant applied for, and was granted, an Administrative Time Extension to extend the life of the Conditional Use Permit by an additional twelve (12) months. The applicant was not issued building permits during this time and the Conditional Use Permit was deemed expired in January 2008. As an additional Time Extension application was not filed by the expiration date, the application must be reheard as a Reconsideration of the project. The project is presented as originally approved with the City Council amended conditions of approval requiring full frontage improvements. The Planning Commission has the authority to approve, continue for additional information, or deny the reconsideration request. Analysis. The Atascadero Municipal Code section 9.3-223 allows eating and drinking places with drive-through facilities as a conditional use within the Commercial Retail Zone. Findings for project approval were made by the Planning Commission in January 2008. The proposed project continues to meet all requirements set forth in the Atascadero Municipal Code. The project is consistent with the previously certified Mitigated Negative Declaration. No new analysis has been completed at this time. Findings: Approval of this application would re -entitle the project site for a drive-through restaurant. As this project is currently expired, the Planning Commission must make all of the same findings required for the original approval of the Conditional Use Permit. 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. CONCLUSION: The proposed project has expired based on the time limits set forth in the Atascadero Municipal Code for Conditional Use Permits. The reconsideration before the Planning Commission is considered a new project with staff's analysis only relating to whether or not any applicable codes have changed. The applicant is requesting that the project be approved to reestablish the entitlement for a drive-through restaurant as previously approved. All conditions of approval and exhibits have been unaltered from the original resolutions of approval. ALTERNATIVES: 1. The Commission may approve the Conditional Use Permit subject to additional or revised project conditions. 2. The Commission may deny the Conditional Use Permit 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: Scott Kaiser, Planning Intern Kelly Gleason, Senior Planner ATTACHMENTS: Attachment 1 — Location, General Plan, and Zoning Map Attachment 2 — Original Staff Report — Meeting 1 Attachment 3 — Original Staff report — Meeting 2 Attachment 4 — Adopted Resolution 2005-0075 Attachment 5 — Draft Resolution 2008-0020 ATTACHMENT 1: Location, General Plan, and Zoning Map Project Site General Plan: General Commercial (GC) Zoning District: Commercial Retail (CR) ATTACHMENT 2: Original Staff Report - Meeting 1 See Attachment ATTACHMENT 3: Original Staff Report - Meeting 2 See Attachment ATTACHMENT 4: Adopted Resolution 2005-0075 See Attachment ATTACHMENT 5: Draft Resolution PC 2008-0020 DRAFT RESOLUTION 2008-0020 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2005-0148 ON APN 049-221-063 (4300 El Camino Real) WHEREAS, an application has been received from Kmart Corporation (3100 W. Big Beaver Rd, Troy, Michigan 48084) Property Owner and CKE Restaurants, Inc. (401 W. Carl Karcher Way, Anaheim, CA 92801) to reconsider a project consisting of a Conditional Use Permit (CUP 2005-0148) for a drive-through restaurant at 4300 El Camino Real (APN 029-221- 063; and, and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); WHEREAS, the site's current Zoning District is Commercial Retail (CR); and, WHEREAS, Drive-through restaurants are a Conditional Use in the Commercial Retail Zone; and, WHEREAS, the proposed reconsideration is consistent with certified Mitigated Negative Declaration 2005-0047; and, WHEREAS, the Atascadero Municipal Code has not been updated in any way which would affect the design of the proposed project; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit 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 application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 1, 2008, studied and considered Conditional Use Permit 2005-0148 on reconsideration, and, 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 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 April 1, 2008, resolved to approve the Conditional Use Permit 2005-0148 subject to the following: EXHIBIT A: Proposed Mitigated Negative Declaration 2005-0047 EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Landscape Plan EXHIBIT E: Floor Plans EXHIBIT F: Elevations EXHIBIT G: Color and Materials Board 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 Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A Proposed Mitigated Negative Declaration 2005-0047 See Following EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program Conditional Use Permit 2005-0148 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 4300 El Camino Real GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 TO: Temporary Occupancy BS: Building Services F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. This Conditional Use Permit shall be for a drive-through restaurant and FM PS associate site improvements as described on the attached exhibits and located on parcel 049-221-063 regardless of owner. 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) months BP/FM 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/FM PS, CE with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials, and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT C, D, and F with the following modifications: ■ 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 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin 4300 EI Camino Real BL: Business License GP: Grading Permit g Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 TO: Temporary Occupancy BS: Building Services F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney to staff approval. ■ Stucco siding shall be sand finish or similar. ■ Base material shall wrap entire building. ■ The grid element shown on the Main Entrance elevation shall be fake windows or similar, subject to staff approval. ■ Final color selection shall include compatible earth toned colors, subject to staff approval. 8. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, Master Plan of Development as shown in EXHIBIT C and D, and shall CE include the following: ■ Outdoor eating/patio area shall include a minimum of 2 high quality tables with chairs and shall be installed prior to final. ■ The drive-through lane shall be screened with landscaping and/or a decorative wall of materials to match the proposed architecture. 9. 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 D, 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. ■ Street trees shall be provided along the EI Camino Real frontage and San Anselmo frontage at a maximum spacing of 30 feet on center. All street trees shall be 15 -gallon London Plane trees. Remaining existing trees may meet this requirement. ■ Street and landscape trees shall be minimum 15 -gallon size and double staked. ■ All landscaping shall be drought tolerant. ■ All retaining walls shall be constructed of a dark color split face block, subject to staff approval. 10. 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 D. Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin 4300 EI Camino Real BL: Business License GP: Grading Permit g Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 TO: Temporary Occupancy BS: Building Services F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 11. The monument sign shall include materials and colors compatible with the approved building design, as conditioned and subject to staff approval. Public Works Conditions Traffic: 12. This project is required to widen San Anselmo Road to include the following improvements: two travel lanes and bike lane with 6 -foot wide planter median and bulb -out at the ECR/San Anselmo intersection. Improvements shall also include curb, gutter, sidewalk, pave out and striping. A conceptual layout of San Anselmo from EI Camino Real to US 101 shall be submitted. This will be used to determine the required alignments and widths. Two travel lanes shall be maintained on the opposite frontage. 13. The EI Camino Real/San Anselmo Road signal in the north -south direction shall have the left turn signal phasing changed from protected left turn to permitted/protect left turn. 14. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Drainage: 15. Drainage calculations are required per section 5 of Atascadero Engineering Standards. Calculations must show the downstream drainage system can convey the increase in flow from this project. If the downstream system can not convey the increased flow then a retention basin and meter system must be designed and constructed with this project per City Engineering Standards. 16. Obtain approval by the City Engineer of the grading & drainage plan and the storm drain design & facilities. 17. Submit calculations to support the design of any 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. 18. Show the method of dispersal at all pipe outlets. Include specifications for size & type. 19. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. 20. Concentrated drainage from off-site areas shall be conveyed across the project site in drainage easements Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin 4300 EI Camino Real BL: Business License GP: Grading Permit g Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 TO: Temporary Occupancy BS: Building Services F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Wastewater: 21. This project shall connect to City sewer. The design and construction of the connection shall follow all City standards. All fees shall be paid at the time of permit issuance. 22. A grease trap system shall be designed and constructed to eliminate any grease from entering the City Wastewater system Standard Conditions: 23. The applicant shall be responsible for the protection, relocation and/or alteration of existing utilities. 24. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. 25. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 26. Prior to issuance of building permits, the applicant shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 27. Prior to the final inspection, all outstanding plan check and inspection fees shall be paid. 28. Prior to the final inspection, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC). Atascadero Mutual Water Company 29. Before the issuance of building permits, the applicant shall submit plans GP, BP CE to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 30. Before the start of construction on the water system improvements, the GP, BP CE applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin 4300 EI Camino Real BL: Business License GP: Grading Permit g Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 TO: Temporary Occupancy BS: Building Services F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 31. Before issuance of building permits, the applicant shall obtain a "Will GP, BP CE Serve" letter from AMWC for the newly created lots within the subdivision. 32. The applicant shall provide AMWC with easements for those water GP, BP CE facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 33. The applicant is responsible for designing and constructing water system GP, BP CE improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 34. The applicant shall obtain a separate landscape -irrigation meter if the common area landscaping for the project exceeds 5, 000 square feet. 35. Landscaping for the common areas shall be drought -tolerant. Before construction of the water system improvements, AMWC shall review and approve the landscape plans for the common areas within the project. 36. Before construction of the water system improvements, AMWC shall review and approve the irrigation plans for the common areas within the project. Mitigation Measures Mitigation Measure 1.d.1: The project shall include a low hedge or decorative BP BS, PS, 1.c.1 wall along the San Anselmo and EI Camino Real frontage to minimize impacts CE for the car queuing areas. Mitigation Measure 1.d.2: Exterior parking lot lighting shall be designed to BP BS, PS, 1.c.2 eliminate any off site glare. All exterior site lights shall utilize full cut-off, CE "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP, GP BS, PS, 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM -10) CE 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. Conditions of Approval / Mitigation Monitoring Program 4300 EI Camino Real Conditional Use Permit CUP 2005-0148 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsib ility /Monitorin g PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: a. Reduce the amount of the disturbed area where possible. b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. c. All dirt stockpile areas should be sprayed daily as needed. d. Permanent dust control measures identified in the approved project re - vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast - germinating native grass seed and watered until vegetation is established. f. All disturbed soil areas not subject to re -vegetation should be 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 was off trucks and equipment leaving the site. k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. I. 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 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin 4300 EI Camino Real BL: Business License GP: Grading Permit g Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services CUP 2005-0148 TO: Temporary Occupancy BS: Building Services F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 6.b.1: The grading permit application plans shall include BP PS 4.e.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 with a BP PS 4.e.2 future building permit by the building department. Mitigation Measure 6.b.1: The grading permit application plans shall include GP PS, BS, 6.b.1 erosion control measures to prevent soil, dirt, and debris from entering the CE 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 8.0.1: The developer is responsible for ensuring that all BP, GP PS, BS, 6.0 contractors are aware of all storm water quality measures and that such CE measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall comply with the City BP, GP PS, BS, 11.d.1 of Atascadero Noise Ordinance for hours of operation. CE Mitigation Measure 15.a.b.1: The proposed project shall be responsible for the BP CE/PS 15.a.b.1 installation of all required frontage improvements along San Anselmo Avenue. The access point at San Anselmo Avenue shall be restricted to a right -in, right - out only. Improvements will be constructed for build out conditions resulting in two travel lanes, a bike lane, and center median. Mitigation Measure 15.a.b.2: The project shall utilize existing access points for BP CE/PS 15.a.b.2 the existing shopping center. No new access points shall be permitted. EXHIBIT C: Master Plan of Development/Site Plan a ; nwaanra •ou�oW NTS �. � E08i81fJ'Y113HVNV '�ria oumVo 7J v as onusnn urs H 3 > Mffl AVM1flH�UdH"1Nd�1S3Ml067131N707iV1IN 0MISW uvs %ot a 5 •SNI SINVl nyisu SIJ v..�� L'3 a g a s dY ei oy ra" � g9 5 y oma! s'5iq 5^� Sa SSS�i ! i or m ^ ! f ! 'am Ow73sw rM # s o 14'- . �ha&■A■■■■■ z 3 z 0 z w z ,, ,V!, 1*. EXHIBIT D: Landscape Plan M VEMON: Oi.1.W �I�ill'rrrlI F : �I .a �CKE , LMOS wI �F®I LANDSCOAPEPLAN yi ii ro u irow• O�•) 91D-�'0 �i EXHIBIT E: Floor Plans r nav a 'Yn I JSrlr EOBi6YJ'WI3HVNtl ,ru nnnv� is 1 ad ornxur xvs 3 8 gg I W�2 inLe omxur Rn oJaz ;�:i AYMa3HOMTJVO1S3MWv */+���.,�.T,7wn/.�n - = }Q� • :zs: :;e: �NS1Ntl2if1tl1S3213N'J ��Mi �.{Mp'1✓ 2 g O - -_ r----------------- I UU U ❑❑ ❑O 0❑ 0 aOo ❑ ❑DO cl I ❑ 00 OO 00 ❑ L_ itmi 0 ❑❑ ❑ ❑ =T--ff— —M ;, a r I 8y LL L_ ® )4� i i I J EXHIBIT F: Elevations ------------- y -�I 1 e #� �z m ,0 i n p 6 I1: Z i s s 7 Q i 7 � 00®00000 000© � fil 11 fla o€g6 gill s a Carrs Jr. CIS RESTAURANTS INC. ■ `��'* 401 WEST CARL KARCHER WAY i Yg' �' j iAh A•,i"IVC Rff.l Cwm tk y snn n•,s_u.c +o t YL CAMINO REAL ANAMM,CAPM3 �- A"AS^A'if RO, CAJOORRIA 2 EXHIBIT F: Elevations ` # 8 ;0�.. Z y i i 't. J_. ' 3 :1 _I b J JI 6' 9 y 1 k � oo®0000000000 � o Carrs Jr. CKERESTAURANTSINC. t=ES``=-_eARC Inc. n ■ x " _ .�,• .t ••• 401 WEST CAKARCHER WAY RL iAst L � Y J d � j ih A••5"I VC 4f fAlt CfhTfR Y� L.� sAN n•,s_uC +o t cL cwua RCAF ANAMM,CAPM3 �- M R S •^ y � A"ASnA,,fRC, CALIFORNIA = EXHIBIT G: Color and Materials Board P-4 WOOD: MATCH ICI PAINT #2012 MP#50YY 83/057 SWISS COFFEE' .106 N0: P-1 STUCCO: MATCH ICI PAINT #2012 MP#50YY 83/057 DwG N0: SWISS COFFEE' Inc. P-2 STUCCO: MATCH ICI PAINT #627 MP#30YY 51/098 CJ026 TOASTY GREY" X-10 P -s STUCCO: MATCH ICI PAINT #308 MP 70YR 20/239 "PADRE ISLAND" wn-1 WOOD: MATCH ICI PAINT #416 MP #OOYY 30/200 SANDY COVE' 940 TYLER STREET, SUITE 23, BENICIA, CA 94510 .106 N0: DWG DATE: DwG N0: ARC Inc. 616 MARIN STREET, VALl.EJO, CA 94590 CJ026 11-16-05 X-10 EXHIBIT G: Color and Materials Board 010Product No: 3045 Na S,ee Blew 0—iptk— Twwotto. from Blow Cotedav BLENDS * * * * S"h COpat— Wit, S& a 0.,Nu9 E gF SW An (= ROOF: EAGLE ROOFING PRODUCTS TERRACOTTA BROWN BLEND cNu-1 CONCRETE MASONRY UNIT: ELDORADO STONE COPPER MOUNTAIN LEDGE 940 TYLER STREET, SUITE 23, BENICIA, CA 94510 JOB N0: DWG DATE: I DWG N0: ARC Inc. 616 MARIN STREET, VALLEJO, CA 94590 CJ026 11-16-05 X-9 report.sk.doc ITEM NUMBER: 2 DATE: 4-1-08 Atascadero Planning Commission Staff Report - Community Development Department Kelly Gleason, Senior Planner, 470-3436, kgieason@atascadero.org PLN 2007-1190 Conditional Use Permit Amendment: Residential Care Facility Use 9525 Gallina Ct — Paradise Valley Care (Vrajich) SUBJECT: The proposed project consists of an application to allow an increase from 8 clients to 10 clients at an existing residential care facility located at 9525 Galina Ct. RECOMMENDATION: Planning Commission adopt Resolution PC 2008-0019 approving an Amendment to PLN 2007-1190 (Conditional Use Permit) based on findings and subject to Conditions of Approval. Situation and Facts 1. Owner / Applicant: Ruth and Milan Vrajich, 9525 Gallina Ct., Atascadero, CA 93422 2. Project Address: 9525 Gallina Ct., Atascadero, CA 93422 (San Luis Obispo County) APN 054-272-025 3. General Plan Designation: Rural Estates (RE) 4. Zoning District: Residential Suburban (RS) 5. Site Area: 2.6 acres net 6. Existing Use: Residential Care Facility — 8 clients maximum 7. Environmental Status: Class 1, Categorical Exemption Section 15301: Existing Facilities DISCUSSION: Project Definition The proposed project consists of a request to amend the previously approved Conditional Use Permit to allow an increase of two (2) clients at an existing residential care facility. Paradise Valley Care was established in 1999 and served 6 clients until the approval of the Conditional Use Permit in 2007. Under the approved CUP, the care facility can serve a maximum of 8 clients. As two family members will be leaving the residence, the care facility is requesting to expand to serve two additional clients. Background 9525 Gallina Ct Llano Rd Santa Lucia Rd Surrounding Land Use and Setting: North: Residential Suburban South: Residential Suburban East: Residential Suburban West: Residential Suburban The project site is within the Rural Estates General Plan Land Use Designation and is zoned Residential Suburban, which allows for residential care facilities that serve greater then 6 clients with the approval of a Conditional Use Permit. ANALYSIS: Parkina / Traffic / Circulation The increase from 8 clients to 10 clients will not create a significant increase in traffic. The site includes an existing parking area which accommodates residents, visitors, and employees. Adequate access is provided to the site off of Gallina Court. As two family members are leaving the residence, there will be no net increase in the number of people living at the residence. General Plan Consistency The proposed project is consistent with the following General Plan Housing Element Policy: Goal HOS 1: Promote diverse and high quality housing opportunities to meet the needs of all segments of the community. In staff's opinion the proposed 10 -client residential care facility is consistent with the surrounding neighborhood and will not create significant impacts to neighborhood traffic. The Fire Department has reviewed the site and has determined that there is adequate emergency access. Findings The Planning Commission must make the following five findings to approve the requested use: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the housing elements goals outlined in the General Plan. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance.) Staff Comment: The proposed use is consistent with all zoning ordinance requirements. 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 general public or working person's health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed increase in senior clients will not negatively impact the surrounding neighborhood. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use, is consistent with the traffic projections and road improvements anticipated within the General Plan. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Conditional Use Permit Amendment can be made. Environmental Determination The project qualifies for a Class 1 categorical exemption. Conclusion The proposed project is a request to allow 2 additional residents at an existing residential care facility. The proposed increase will not create substantial impacts to the surrounding neighborhood and/or environment. The use is compatible with the Residential Suburban Zoning Designation and will provide an increase in opportunities to elderly persons requiring an additional level of care. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or 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 parcel would retain its designation of Residential Suburban and would be allowed to continue to operate with a maximum of 6 clients. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kelly Gleason, Senior Planner ATTACHMENTS: Attachment 1: Location Map, General Plan and Zoning Attachment 2: Draft Resolution PC 2008-0019 Attachment 1: Location Map, General Plan and Zoning 9525 Gallina Ct Zoning: RS (Residential Suburban) General Plan Designation: RE (Rural Estates) ATTACHMENT 2: Draft Resolution PC 2008-0019 DRAFT RESOLUTION PC 2008-0019 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2007-1190 AMENDMENT TO ESTABLISH A 10 -CLIENT RESIDENTIAL CARE FACILITY LOCATED AT 9525 GALLINA COURT APN 054-272-025 (Vrajich) WHEREAS, an application has been received from Ruth and Milan Vrajich, 9525 Gallina Ct, Atascadero, CA 93422, (Owner and Applicant) to consider an Amendment to PLN 2007-1190 to allow up to 10 clients at an existing residential care facility at the site of an existing 8 -client facility at 9525 Gallina Ct. (APN 054-272-025); and, WHEREAS, the site's current General Plan Designation is Rural Estates (RE); and, WHEREAS, the site's current zoning district is Residential Suburban (RS); and, WHEREAS, Residential Care Facilities serving 6 or more clients is a Conditional Use in the RS Zone; and, WHEREAS, the facility is currently approved for a maximum of 8 clients; and, WHEREAS, the project is Class 1 Categorically Exempt for Infill Projects in accordance with the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit 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 application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 1, 2008, studied and considered an amendment to PLN 2007-1190; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Conditional Use. 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 April 1, 2008 resolved to approve an Amendment to PLN 2007-1190 subject to the following: EXHIBIT A: Conditions of Approval 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 Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PLN 2007-1190 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning BL: Business License Services 9525 Gallina Ct GP: Grading Permit BP: Building Permit BS: Building Services PLN 2007-1190 Amendment FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department F0: Final Occupancy CE: City Engineer FM: Final Map WW: Wastewater CA: City Attorney Planning Services 1. This Conditional Use Permit shall be for a 10 -client residential care facility FM PS located at 9525 Gallina Ct (APN 054-272-025) regardless of owner. 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. Discontinuance and re-establishment of this use shall be governed by the BP/FM PS Atascadero Municipal Code non -conforming use provisions. 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. The facility shall meet or exceed all standards as required by the UBC Ongoing BS/FM and any superseding local ordinances related to building safety and/or fire codes and regulations. \\Cityhall\cdvlpmnt\- 07 PLNs\PLN 2007-1190. Gallina Res Care\Amendment 2.08\PLN 2007-1190.PC.SR Amend.kg.doc