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HomeMy WebLinkAboutPC_2008-08-05_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, August 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 Fonzi Vice Chairperson Jack Commissioner O'Keefe Commissioner Moreno Commissioner O'Grady Commissioner Marks Commissioner Heatherington Chairperson will read the decorum guidelines APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) PLANNING COMMISSION BUSINESS 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 CONSENT CALENDAR Regular Meeting, August 5, 2008 Page 2 of 4 (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 JUNE 17, 2008. 2. APPROVAL OF TIME EXTENSION ON TENTATIVE TRACT MAP 2005-00679 1155 EL CAMINO REAL (WEHN GROUP, LLC/EDA) 3. APPROVAL OF TIME EXTENSION ON TENTATIVE TRACT MAP 2004-0064 AND TENTATIVE TRACT MAP 2003-0039,2555,2605,2705 EL CAMINO REAL (CENTRAL COAST ASSETS / LAUGHLIN). 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).) 4. PLN 2008-1300, AMENDMENT TO CUP 2003-0108,9000 WEST FRONT Property Owner: West Front Village, LLC, 1301 Chorro Street, San Luis Obispo, CA 93401 Applicant: Richard Shannon, 6755 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2008-1300/Amendment to CUP 2003-0108 Project 9000 West Front Road, Atascadero, CA 93422 Location: APN 056-131-021, 022 (San Luis Obispo County) Project The proposed Amendment is limited to Exhibit B: Master Plan of Development, Exhibit F: Description: Schematic Landscape Plan and Exhibit G: Architectural Elevation. The Amendment request would separate the previously approved combined gas station/fast food building into two separate buildings. No modifications will be made to the proposed uses or wetland mitigation site. General Plan Designation: General Commercial Zoning District: Commercial Retail / PD -23 Proposed Consistent with previously approved certified Mitigated Negative Declaration. Environmental Determination: City of Atascadero Planning Commission Agenda COMMUNITY DEVELOPMENT STAFF REPORTS COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT Regular Meeting, August 5, 2008 Page 3 of 4 The next regular meeting of the Planning Commission will be on August 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, August 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 3 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Chairperson before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). CALL TO ORDER ITEM NUMBER: 1 DATE: 8-5-08 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, June 17, 2008 — 7:00 P.M. Chairperson Fonzi called the meeting to order at 7:00 p.m. and Commissioner O'Grady led the Pledge of Allegiance. R(ll I rAl I Present: Commissioners Heatherington, O'Grady, Jack, O'Keefe, and Chairperson Fonzi Absent: Commissioners Marks (excused absence) Staff Present: Community Development Director Warren Frace, Public Works Director / City Engineer Steve Kahn, Deputy Community Development Director Steve McHarris, Senior Planner Kelly Gleason, Associate Planner Callie Taylor, and Administrative Assistant Annette Manier. PLANNING COMMISSION BUSINESS Chairperson Fonzi thanked Commissioner Greg Slane for his service as a Planning Commissioner. A. ADMINISTRATION OF OATH OF OFFICE City Clerk Marcia Torgerson administered the Oath of Office to new Planning Commissioner, Heather Moreno. PC Draft Minutes 06/17/08 Page 1 of 14 B. SELECTION OF VICE CHAIRPERSON MOTION: By Chairperson Fonzi and seconded by Commissioner O'Keefe to nominate Sandy Jack to service as Vice Chairperson. Motion passed 6:0 by a roll -call vote. APPROVAL OF AGENDA MOTION: By Vice Chairperson Jack and seconded by Commissioner Heatherington to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT Council Member Tom O'Malley thanked Greg Slane for his service on the Commission. Tom also thanked Heather Moreno for accepting the position as Planning Commissioner to replace Greg Slane. Chairperson Fonzi closed the Public Comment Period DISCLOSURE OF EX PARTE COMMUNICATIONS: ■ Vice Chairperson Jack stated he visited three sites, West Front, Navajoa, and San Palo. ■ Chairperson O'Grady stated he visited all the sites and spoke to no one. ■ Commissioner O'Keefe stated she spoke to the owners of the Lube -N -Go site, 7095 EI Camino Real, and the West Front site. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 15, 2008 MOTION: By Commissioner O'Grady and seconded by Commissioner Heatherington to approve the minutes. Motion passed 4:0 by a roll -call vote. (Jack, Moreno abstained) PC Draft Minutes 06/17/08 Page 2 of 14 PUBLIC HEARINGS CONTINUED BUSINESS: 2. PLN 2008-1279, CONDITIONAL USE PERMIT FOR 9435 EL BORDO AVE. Property Alfred & Tamara Clark, 9535 Carmel Rd., Atascadero CA 93422 Owner/Applicant: Project Title: PLN 2008-1279 / Conditional Use Permit 2008-0226 Care Home Project 9435 EI Bordo Ave., Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-442-009 Project The proposed project consists of an application for a Conditional Use Permit to convert Description: an existing 3,550 sq. ft. residence to a residential care home. The care home is proposed for a maximum of twelve people and shall be used for elderly care. There are no additions or major changes proposed for the property. Site improvements include landscaping and modifications to the residence to comply with the occupancy requirements for a care facility. The property is served by City sewer. General Plan Designation: Single Family Residential (SFR -Z) Zoning District: Residential Single Family (RSF-Z) Proposed Based on the Initial Study prepared for the project, a Negative Declaration is proposed. Environmental The proposed Negative Declaration is available for public review from 5/15/08 through 6/3/08 at 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to Determination: 5:00 p.m., Monday through Friday. Associate Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Al Clark, owner/applicant, explained the reasons for requesting a residential care facility at this location, and asked for exceptions to the Conditions of Approval in relation to the landscape buffer, street trees, chain link fence, and trash enclosure. Mr. Clark answered questions of the Commission. Chairperson Fonzi closed the Public Comment period. There was Commission discussion regarding the applicants' request for changes to the Conditions of Approval. MOTION: By Chairperson O'Keefe and seconded by Commissioner Heatherington to adopt Resolution PC 2008-0028 approving PLN 2008-1279, Conditional Use Permit 2008-0226, and certifying proposed Negative Declaration 2008-0010 based on findings and conditions of approval, and removing the requirement for the landscaping in the backyard. Motion passed 6:0 by a roll -call vote. PC Draft Minutes 06/17/08 Page 3 of 14 NEW BUSINESS: 3. PLN 2008-1290, CUP AMENDMENT, 10630 W. FRONT ROAD CARE FACILITY Property Owner: Barbara Bell, 857 Leff Street, San Luis Obispo, CA 93401 Applicant: William Vaughn, PO Box 554, Grover Beach, CA 93483 Shirley Barratt, 2388 Lopez Dr., Arroyo Grande, CA 93420 Project Title: PLN 2008-1290 / Amendment to CUP 2000-0004 Project 10630 W. Front Street, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 045-353-007 Project An application for a Conditional Use Permit Amendment is being processed in order to Description: correct the discrepancy between the previously approved Conditional Use Permit and the as - built structure. The current CUP Amendment does not propose a change of use or a change to the number of clients at the facility. The applicant is proposing a Residential Care Facility which would serve no more than (15) fifteen senior residents, consistent with the original 2000 Conditional Use Permit approval. The Amendment is being processed for review of the size of the as -built building, a new landscape plan, revised fencing, and proposed signage. General Plan Designation: Rural Estates (RE) Zoning District: Residential Suburban (RS) Proposed Consistent with Certified Mitigated Negative Declaration 2000-037 Environmental Determination: Chairperson Fonzi announced that she finds it necessary to step down from consideration of this item because she is an employee of Century 21, the listing agency for the property, and although she will receive no benefit because of the sale, she wants to avoid the appearance of impropriety. Associate Planner Callie Taylor gave the staff report and explained the history of the project. Vice Chairperson Jack asked staff to explain to the Commission how the building size changed, and how this could be prevented in the future. Deputy Community Development Director Steve McHarris explained the CUP and building permit process, and how the building footprint expanded. PC Draft Minutes 06/17/08 Page 4 of 14 PUBLIC COMMENT William Vaughn, applicant, explained why he is bringing this proposal before the Planning Commission. He explained that the facility was built specially to house elderly people, and has been underutilized for 5 years. He is now willing to invest the money to see the project through. Bob Hubbell, Century 21 Hometown Realty, listing agent for the facility, explained that the project has been in escrow more than 5 times. He said there are 8 investors who own the project who are in the audience tonight. The reason they are there, is to discuss the square footage discrepancy, which is human error, and he would like to see the project move forward. Dave Garibay, 10610 West Front St., neighbor, stated that conditions of approval on the original CUP were not followed, and he would like the Commission to resolve these issues and the new items on the CUP. He said these violations are negligence and the City should make restitution. (Exhibit A) Eddie Sapien, 10620 West Front St., neighbor, spoke about his concerns with the insurance and liability on the private easement. He stated that their insurance policies may be declined or cancelled, and he asked the Commission to look into these issues before a decision is made. Linea Bloomfield, San Gabriel Road, said she drives by the facility every day, and can see that the building looks completed, but it is vacant. She would like to see the building occupied. David Graves, builder, explained that the project had a CUP, but no plans when he built it. He had hired an engineer, and in order to meet all the requirements, it ended up bigger than what the CUP called for. Today, he supports seeing it occupied, especially since someone wants to make the facility an exceptional place. Kristen Crabtree, Century 21 Hometown Realty, and listing agent for Shirley Barratt, and Randy Vaughan, stated that Shirley's intentions are to run a profitable business and she supports approval of the project. Jim Shannon, Atascadero resident, said that he supports having loved ones closer if they need to go into a facility to make it better for a family to deal with, therefore, he supports the project moving forward. Vice Chairperson Jack closed the Public Comment period. PC Draft Minutes 06/17/08 Page 5 of 14 Commissioner comments: Commissioner Heatherington: 1. Asked staff for clarification from staff on the liabilities issues on the easement and if this has been addressed through the City Attorney. Commissioner O'Keefe: 1. Feels it is important that this building be occupied. 2. Asked what is involved in putting in hooded lighting. 3. Would like to see native tree planting to be used as a buffer. Commissioner Heatherington: 1. Would like to see the building occupied. Commissioner Moreno: 1. Asked about changes in the paving and curbs in the parking lot. Commissioner O'Grady: 1. Asked staff to give responses to the neighbors' concerns. Vice Chairperson Jack: 1. Would like to see a change in the lighting. 2. The size of the sign seems too large. Deputy Community Development Director Steve McHarris and Associate Planner Callie Taylor answered questions and provided clarification to the Commission. Public Works Director/City Engineer Steve Kahn answered questions regarding the curbs and provided clarification to the Commission. MOTION: By Commissioner O'Grady and seconded by Commissioner Heatherington to adopt Resolution PC 2008-0031 approving PLN 2008-1290 amending CUP 2000-0004 based on findings and subject to conditions of approval with the following additional Conditions of Approval: 1. Construct a screen wall around the rooftop HVAC units as required by City staff. 2. Replace existing wall mounted light fixtures over all sliding doors with hooded type that blocks horizontal component of light 3. Plant 20 additional minimum 5 -gallon mixed varieties of oaks outside of the metal fencing area and outside of leach field. 4. Maintain the existing landscape outside new rod iron fence to remain and be maintained. Motion passed 5:0 by a roll -call vote. (Fonzi abstained) PC Draft Minutes 06/17/08 Page 6 of 14 Vice Chairperson Jack recessed the hearing at 8:40 p.m. Chairperson Fonzi called the meeting back to order at 8:45 p.m. 4. PLN 2099-0305, AMENDMENT TO CUP 2004-0144,7095 EL CAMINO REAL Property Owner: Atascadero Enterprises, 2505 Theatre Drive, Paso Robles, CA 93446 Project Title: PLN 2099-0305 / Amendment to Conditional Use Permit 2004-0144 Project Location: 7095 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 030-081-046 Project The proposed project consists of an Amendment to remove the front patio trellis and Description• modify the project signage. General Plan Designation: GC Zoning District: CR Proposed Consistent with previously certified Mitigated Negative Declaration Environmental Determination: Commissioner O'Grady recused himself from consideration of the item and cited the reason given would be the same as the one given at the previous meeting (because for reasons of bias and his interpretation of the ethics law, which prevent him from considering this application objectively.) Senior Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Joe Simonin and Adam Scattini, owners/applicants, answered questions of the Commission. Chairperson Fonzi closed the Public Comment period. Commissioner O'Keefe said the project has been designed and redesigned, and each time, it has improved. She would like to see the Commission support this project. MOTION: By Vice Chairperson Jack and seconded by Commissioner O'Keefe to adopt Resolution PC 2008-0033 approving an Amendment to Conditional Use Permit 2004-0144, amending PC Draft Minutes 06/17/08 Page 7 of 14 Master Plan of Development based on findings and subject to conditions of approval. Motion passed 5:0 by a roll -call vote. (O'Grady abstained) 5. PLN 2099-0012, AMENDMENT TO CONDITIONAL USE PERMIT 2002-0082, CONEJO AND SAN RAMON RD. Property Owner: Colony Investments, LLC, 7305 Morro Road, Ste. 200, Atascadero CA 93422 Project Title: PLN 2099-0012 / Amendment to CUP 2002-0082 Project 6140 Conejo Rd, 2225, 2215, 2205 San Ramon Rd., Atascadero, CA 93422 Location• (San Luis Obispo County) APN 049-193-029-032, 033, 034 Project The proposed project consists of an amendment to the Master Plan of Development to Description: reduce the size of the units on 4 existing lots (Lots 51, 54, 55, and 56). Originally approved floor plans and elevations will be used. General Plan Designation: SFR -Y Zoning District: RSF-Y Proposed Consistent with previously certified Mitigated Negative Declaration Environmental Determination: Senior Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT None Chairperson Fonzi closed the Public Comment period. Commissioner O'Grady asked if neighbors were notified of these proposed changes, and, if percent reduction in square footages may have an impact on property values. Senior Planner Kelly Gleason stated that the project followed standard noticing procedures. Chairperson Fonzi explained that as a general rule, the value of a house is based on square footage, so there could be a minor impact on the house values. PC Draft Minutes 06/17/08 Page 8 of 14 MOTION: By Vice Chairperson Jack and seconded by Commissioner Moreno to adopt Resolution PC 2008-0032 approving an Amendment to Conditional Use Permit 2002-0082, to allow alternate models on Lots 51, 54, 55, and 56 as submitted. Motion passed 6:0 by a roll -call vote. 6. PLN 2007-1217, TENTATIVE PARCEL MAP FOR 7845 NAVAJOA AVE. Property Owners: Zachary & Michelle Missler, 1717 Singletree Ct., SLO, CA 93405 Truitt Vance, 6679 Morro Road, Atascadero, CA 93422 Project Title: PLN 2007-1217 / Tentative Parcel Map 2007-0090 Project 7845 Navajoa Ave., Atascadero, CA 93422 Location• (San Luis Obispo County) APN 031-183-004 Project The proposed project consists of a Tentative Parcel Map to create three condominium lots Description: on multifamily parcel. All three units are proposed as new construction. The project will connect to City sewer. General Plan Designation: Medium Density Residential (MDR) Zoning District: Residential Multifamily —10 (RMF -10) Proposed Categorical Exemption Class 32 Sec. 15332 (Infill Development) and Class 15 Sec. 15315 Environmental (Construction or Conversion of Small Structures) Determination: Associate Planner Callie Taylor gave the staff report and answered questions of the Commission. Commissioner O'Grady asked for clarification in regards to dwelling units, restrictions, and the definition in the General Plan. Senior Planner Kelly Gleason provided clarification and stated that the City could look into any inconsistencies. Chairperson Fonzi asked for clarification in regards to the color board, and location of the front doors. Associate Planner Callie Taylor handed out the color board and discussed location of the doors. PUBLIC COMMENT Truitt Vance, 5670 Violeta Avenue, Atascadero, applicant, spoke about the project, and answered questions of the Commission. Chairperson Fonzi closed the Public Comment period. PC Draft Minutes 06/17/08 Page 9 of 14 Commissioner O'Keefe said that on the adjacent commercial project, the oleanders are growing out onto the sidewalk, and asked what enforcement the City has so that people can use the sidewalk. Public Works Director/City Engineer Steve Kahn said that the City does have a requirement that the property owner keep the sidewalk free and clear, and his staff will contact the property owner in writing. MOTION: By Commissioner O'Keefe and seconded by Commissioner Jack to adopt Resolution PC 2008-0034 approving PLN 2007- 1217/Tentative Parcel Map 2007-0090 establishing three airspace units on one common lot based on findings and subject to conditions of approval. A condition will be added that the garage doors will be painted a color to compliment other colors that are there, specifically not white, and that staff will make the final determination. Motion passed 6:0 by a roll -call vote. 7. PLN 2008-1295, AMENDMENT TO CUP 1999-0002,4800-4900 SAN PALO ROAD Property Owner: Gary Gramspacher, PO Box 841, Clayton, CA 94517 Applicant: Manufactured Home Sales of Calif. Inc., Atascadero, CA Project Title: PLN 2008-1295 / Amendment to CUP 1999-0002 Project 4800, 4900 San Palo Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-225-008 Project The proposed project Amendment consists of application to add retail sales of Description: manufactured home and RV's as approved uses under the Conditional Use Permit. Conditional Use Permit 1999-0002 was previously approved to allow auto sale and boat sales on the lot. General Plan Designation: General Commercial Zoning District: Commercial Tourist Proposed Class 1 Categorical Exemption — Existing facilities Environmental Determination: Associate Planner Callie Taylor gave the staff report and stated that the property in question tonight is only 4800 San Palo, a vacant lot, and not the adjacent lot which was previously approved for boat sales. Associate Planner Callie Taylor answered questions of the Commission. PC Draft Minutes 06/17/08 Page 10 of 14 Commissioner comments: Commissioner O'Keefe: 1. Concerned about maintenance of the landscaping after a lease terminates and what happens if the landscape isn't maintained. Commissioner Heatherington: 1. Asked if the Commission could condition the number of manufactured homes on the lot, and native plants. Commissioner O'Grady: 1. Has concerns with visualizing how manufactured homes could navigate these roads, road driveway blockage, and safety issues. 2. There is an old Mitsubishi sign on the property. Vice Chairperson Jack: 1. Concerned with the hours of moving the manufactured homes in the area since these are busy intersections. Chairperson Fonzi: 1. Asked about the route for the mobile homes. Public Works Director/City Engineer Steve Kahn said staff has visited the site, and he doesn't see any problems with the mobile homes on this property. Also, the highways are designed for large vehicles. Oversize load approval from CHP and Public Works permits would be required. PUBLIC COMMENT Sal Urena, applicant from Madera, California, spoke about the project and answered questions of the Commission. He explained that the transporter already evaluated the route, and would obtain the transportation permits, (which include limitations on when they can transport.) As far as the landscaping, he has an agreement w/the property owner to maintain the landscaping. His plan is to use the existing pole sign and change the face of the sign. Models will be skirted in areas that are exposed to the public. Chairperson Fonzi closed the Public Comment period. MOTION: By Commissioner Heatherington and seconded by Commissioner Fonzi to adopt Resolution PC 2008-0036 approving PLN 2008-1295 an Amendment to Conditional Use Permit 1999-0002 based on findings and subject to conditions PC Draft Minutes 06/17/08 Page 11 of 14 of approval. A condition will be added to add that low-lying native plants will be planted on-site, the Mitsubishi sign will be removed, and only new manufactured homes and Rvs are to be permitted on-site, and the public areas are skirted. Motion passed 6:0 by a roll -call vote. 8. PLN 2006-1160 TENTATIVE TRACT MAP 7705 SANTA YSABEL AVE. Property Owner: Royce Construction & Development, Inc., 10780 Vista Road, Atascadero, CA 93422 Project Title• PLN 2006-1160 / Tentative Tract Map 2006-0096 Project 7705 Santa Ysabel Ave, Atascadero, CA 93422 Location• (San Luis Obispo County) APN 030-101-042 Project The project proposes a Tentative Tract Map to create four condominium units. There is Description: one existing residence which is proposed to be renovated. Three additional units are proposed to be constructed at the back of the lot. All four units will share a common driveway. The project is served by City sewer. General Plan Designation: High Density Residential (HDR) Zoning District: Residential Multifamily— 16 (RMF -16) Proposed Categorical Exemption Class 32 Sec. 15332 (Infill Development) and Class 15 Sec. 15315 Environmental (Construction or Conversion of Small Structures) Determination: Associate Planner Callie Taylor gave the staff report and answered questions of the Commission. Commissioner O'Keefe stated that the columns appear to block the view and wanted to know if they could be removed. PUBLIC COMMENT Royce Eddings, 10780 Vista Road, applicant, spoke about the project and answered questions of the Commission. He explained that he tried to bring some Colony elements to the project to make it compatible with the neighborhood. As far as the columns in the front, having to change this now would require a structural engineer, a change in the plans, a substantial expense, and a big process for him to go through. He asked the Commission to consider approving the project the way it is currently submitted. Commissioner O'Keefe withdrew her condition for the columns. PC Draft Minutes 06/17/08 Page 12 of 14 Public Works Director/City Engineer Steve Kahn would like a condition added that the applicant coordinate early with the Post Office to include a 4 -foot path of travel along the entire property frontage. Chairperson Fonzi closed the Public Comment period. MOTION: By Vice Chairperson Jack and seconded by Commissioner O'Keefe to adopt Resolution PC 2008-0035 approving Tentative Tract Map 2006-0096, establishing 4 airspace condominium units on one common lot based on findings and subject to the following conditions, 1. Maximum of 3' high fence and retaining wall combination within front setback. 2. Any fence and retaining wall combination shall not exceed 6 -feet in height outside the front setback. 3. Coordinate with the Post Office to allow a 4' path of travel along the sidewalk. Motion passed 6:0 by a roll -call vote. 9. PLN 2007-1183, FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM Public Works Director/City Engineer Steve Kahn gave a report on the Five -Year Capital Improvement Program and answered questions of the Commission. MOTION: By Vice Chairperson Jack and seconded by Commissioner Moreno to adopt Resolution PC 2008-0027 finding the 2008 Update of the 2007 Five -Year Capital Improvement Plan consistent with the General Plan based on findings. Motion passed 6:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner O'Grady asked staff about a project on Santa Ysabel, said he noticed that no work has been done, and asked if the City could do anything to improve this. Associate Planner Callie Taylor said the Fire Department would be using these as a test run to burn down. An applicant has come in to request a demolition permit, and they are in the process of getting a final map. Commissioner Heatherington asked staff to take pictures of the wood enclosure at West Front for future ""show n tell" because it shows how the wood deteriorates. Commissioner O'Keefe asked Senior Planner Kelly Gleason to explain some portions of the Tree Ordinance that deal with definitions in relation to tree removals for hazardous trees and emergency tree removals. Senior Planner Kelly Gleason explained the definitions to the Commission. PC Draft Minutes 06/17/08 Page 13 of 14 Chairperson Fonzi asked Public Works Director/City Engineer Steve Kahn how the Santa Rosa Interchange Meeting went. Mr. Kahn explained why the median was installed, how the neighborhood meeting went, and said that he will be having another meeting for follow-up. DIRECTOR'S REPORT Director Frace announced that the July 1St meeting will be cancelled, and the next Planning Commission meeting will be held on July 15t" Director Frace state that the Rite Aid project that went to the Planning Commission for approval, has submitted for their building permits, the Colony Square Final Map has been approved so documents can get recorded, and Holiday Inn, on West Front, will be open by the end of the month. Director Frace announced that items on the next City Council agenda will include abstention determinations, the Shield Initiative and ballot measure, and dormant /expired building permits ADJOURNMENT Chairperson Fonzi adjourned the meeting at 10:33 p.m. to the next regularly scheduled meeting of the Planning Commission on July 15, 2008. MINUTES PREPARED BY: Annette Manier, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A — Dave Garibay, written statement of concerns PC Draft Minutes 06/17/08 Page 14 of 14 ITEM NUMBER: 2 DATE: 8-5-08 Atascadero Planning Commission Staff Report — Community Development Department Nicole Mercier, Planning Intern, 461-5000, Ext. 2406, nmercier@atascadero.org Kelly Gleason, Senior Planner, 470-3436, kgleason@atascadero.org TTM 2005-0067 Time Extension #2 1155 EI Camino Real (Wehn Group, LLC / EDA) SUBJECT: Consideration of a 2nd one-year Time Extension for Tentative Tract Map 2005-0067. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2008-0039, thereby approving a 2nd one-year Time Extension of Tentative Tract Map 2005-0067 in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance. SITUATION AND FACTS: 1. Property Owner: Wehn Group, LLC 934 Sycamore Canyon Road Paso Robles, CA 93446 2. Project Address: 1155 EI Camino Real, Atascadero, CA 93422 APN: 049-042-018 3. General Plan Designation: High Density Residential (HDR) 4. Zoning District: Residential Multi -Family (RMF -16) 5. Site Area: 5.54 acres 6. Existing Use: Vacant 7. Environmental Status: Certified Mitigated Negative Declaration 2005-0028 DISCUSSION: Background: The project consists of a proposed subdivision of a 5.54 acre lot into 62 small residential lots with park areas and detention basins. The property will utilize the City's wastewater facilities and Atascadero Mutual Water Company will provide water services. Analysis: The Subdivision Map Act mandates an initial two-year life and, by local ordinance, the City can extend initial life up to an additional 12 months. Additionally, the City may extend the time at which the map expires for a period or periods not to exceed a total of five years (these are discretionary extensions). The application for the extension must be filed prior to the expiration date. The Planning Commission has discretion on whether they want to extend the map, or they can defer the decision to the City Council. The Planning Commission may add or modify any conditions of approval, prior to granting the Time Extension, to ensure the project remains consistent with updated ordinances and policy. Staff is not recommending any modifications with this time extension. Map History: Approval Expiration Original Approval August 9, 2005 August 9, 2007 Time Extension August 9, 2007 August 9, 2008 Second Extension August 9, 2008 August 9, 2009 CONCLUSION: The City Council found the proposed subdivision map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance and the lot configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the second Time Extension as requested. ALTERNATIVES: 1. The Commission may approve the second Time Extension subject to additional or revised project conditions. 2. The Commission may deny the second Time Extension if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 — TTM 2005-0067 Attachment 3 — Conditions of Approval/Mitigation Monitoring Program Attachment 4 — Draft Resolution 2008-0039 ATTACHMENT 1: Location Map (General Plan / Zoning) 1155 EI Camino Real Zoning District: Residential Multi Family (RMF -16) Land Use Designation: High Density Residential (HDR) ATTACHMENT 2: TTM 2005-0067 1155 EI Camino Real RECEIVED ZCH 2005-0099 MAR ;3 0 2005 CUP 2005-0157 TTM 2005-0067 COMMUNITY DEVELOPMENT :rr i UFSfF'' it Ir II F - I�t! it$ir� t r° ! e Pr. •F i � [ � IFF 1 111 � I r ��' ' I II=S P:PI,Irr = j °=I 6lI1 rr 1 Fl Tyre ; eyyrF$:° LU r LU r. F 1 I� I i$ 7IIrl ii$I3Is8i$oP LU H 0 �� iQfQQQQQQ } CEI �G� iIQQOff I�GOEiI�� E�9E I BeE� IQ Ell 11111 IO�L�I�L�6C�111 '�iQl➢If1i11QQQQQ11111 1111QIpICQIICll00111 G56C �t~��66�fQQf �7C:�CG:�G66�666�a6k� 66C66000GGG611ii ESE@I:Illi l :rr i UFSfF'' it Ir II F - I�t! it$ir� t r° ! e Pr. •F i � [ � IFF 1 111 � I r ��' ' I II=S P:PI,Irr = j °=I 6lI1 rr 1 Fl Tyre ; eyyrF$:° €1r4 M01-31F�� €It ilF1 r.t 1 F 1�prI rt r. F F� gg I F 1 1� pgP ' r•� 11[ �'f4�4[I ���1 rlpe $$ i rl1`i1ki; I[ r�P [IFp1f=$$!F I� I i$ 7IIrl ii$I3Is8i$oP ATTACHMENT 3: Conditions of Approval/Mitigation Monitoring Program TTM 2005-0067 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 El Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy Planning Services 1. The approval of this use permit shall become final and PS effective following City Council approval. 2. Approval of this Master Plan of Development shall be valid FM PS concurrently with the life of Tentative Tract Map 2001-0011 and then indefinitely following the final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded consistent with the Master Plan of Development. 3. Changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission and do not require Council action. 4. The Community Development Department shall have the BP / FM PS authority to approve the following minor changes to the project the (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. 5. All subsequent Tentative Tract Maps and construction BP/FM PS permits shall be consistent with the Master Plan of Development contained herein. 6. All exterior elevations, finish materials and colors shall be BP PS consistent with the Master Plan of Development as shown in Exhibit F and Exhibit G with the following modifications: a. Each front elevation and entire side elevations (lots 1 & 6) visible from Tecorida Avenue shall incorporate an applied masonry material such as brick or stone along the lower building base, subject to staff approval. This treatment shall return along side elevations to a logical terminus point such as a side yard fence, chimney or doorway. b. Front entry porch columns on each elevation shall be further detailed with use of applied masonry material such as brick or stone. The use of wood timbers may also be incorporated into the column design as appropriate, subject to staff approval. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy c. Each house shall incorporate the use of double or single hung windows, transom windows, and window shutters, subject to staff approval. d. The garage door color of each new home shall match the house body color. 7. All site development shall be consistent with the maximum BP/FM PS intensities described in the statistical project summary as shown on Exhibit C. 8. All site work, grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in Exhibits D and E. 9. Native oaks trees shall be preserved and protected during BP PS construction unless approved for removal. Tree protection shall be in place prior to the issuance of any construction permits and the arborist shall be under contract to monitor tree protection. 10. A final landscape and irrigation plan shall be approved BP PS prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT D. All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. All front yards and areas between Tecorida Avenue and lots 1 and 6 shall be landscaped by the developer. All landscape maintenance shall be the responsibility of the individual property owner. The five front yard trees shall be 24 -inch box native trees. In addition, two additional 15 -gallon trees shall be planted along Tecorida Avenue and four additional 15 -gallon native Sycamore trees be planted between the creek and the private driveway between lot 4 and 5. 11. All project fencing shall be installed consistent with BP PS EXHIBIT D subject to the following modifications. a. The yards adjacent to Tecorida Avenue shall not be enclosed with any fencing which exceeds 3 -feet in height. b. No fences in the rear yards adjoining the on-site creek shall exceed 3 -feet in height. c. The design of all fencing shall be compatible with the Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy overall project design, subject to staff approval 12. Retaining wall design & material shall match or compliment GP PS the texture and color of the primary residence. In addition, BP the retaining wall located within the front yard of lots 3 and 4 shall be rounded or angled back toward lot 4, subject to staff approval. 13. Provisions for on-site circulation reciprocal access between GP PS the adjacent westerly property shall be required at the BP location identified on the site plan. 14. Apply the following tree mitigation: (Mitigation Fee GP PS Table) 15. Affordable Housing Requirement: The applicant shall deed restrict a minimum of 1 residential unit for 30 years at the moderate -income level or pay in -lieu fees based on 5% of the construction valuation of all 6 units, prior to or concurrently with the final map Workforce Housing: Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve X. of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions a) The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers. b) The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero. c) The Atascadero resident or worker restriction shall apply to the initial sale only. d) The applicant shall identify which units will be reserved. The City Attorney shall approve the final form of the agreement.. Building Services FM, BP PS, CE 16. A soils investigation prepared by a licensed Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy incorporated into the project plans. Fire Marshal BP FM 17. Dimension the width of driveway. A minimum 16' paved with 20' total width access with a minimum head clearance of 13'-6" is to be provided to each building location. Access drives with slopes less than 12% are to have an all-weather surface. Access drives with slopes equal to or greater than 12% are to be paved. 18. Show location of existing and any proposed fire BP BS hydrants. As presented, the project requires one fire hydrant located within 250 feet of any point along the front property boundary. 19. Provide a letter from the Atascadero Mutual Water BP BS Company stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 20. Note approved address signage is to be provided. BP BS 21. Note on plans that fire lanes shall be delineated to BP BS restrict parking as required by the Fire Authority. 22. Access drive, where it bridges the creek way, is to be BP BS designed and maintained to the satisfaction of the Public Works department to support a minimum 40,000 Ib. Imposed load at 25 miles per hour for fire apparatus. City Engineer BP BS Standard Conditions 23. Public frontage improvements, driveway plans, and on-site grading and drainage plans shall be produced by a registered civil engineer. The plans shall be in the form required in the City of Atascadero Engineering Standards. The plans will be reviewed and approved by the City Engineer. 24. All public improvements shall be constructed in GP, BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 25. The applicant shall enter into a Plan Check & GP, BP CE Inspection agreement with the City. 26. The applicant shall be responsible for the protection, GP, BP CE relocation and/or alteration of existing utilities. 27. The applicant shall install all new utilities (water, gas, GP, BP CE electric, cable TV and telephone) underground. 28. The applicant shall monument all property corners for GP, BP CE construction control and shall promptly replace them if disturbed. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy 29. Prior to issuance of building permits, the applicant GP, BP CE 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. 30. Prior to the final inspection, all outstanding plan check GP, BP CE and inspection fees shall be paid. 31. Prior to the final inspection, the applicant shall submit GP, BP CE 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). 32. Prior to recording the Tract Map, the applicant shall GP, BP CE submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 33. In the event that the applicant is allowed to bond for GP, BP CE any public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 34. A preliminary subdivision guarantee shall be GP, BP CE submitted for review in conjunction with the processing of the Tract Map. 35. The final map shall be signed by the City Engineer GP, BP CE prior to the map being placed on the agenda for City Council acceptance. 36. Prior to recording the Tract Map, the applicant shall GP, BP CE pay all outstanding plan check/inspection fees. 37. Prior to recording the Tract Map, the applicant shall GP, BP CE set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 38. All existing and proposed utility, pipeline, open space, GP, BP CE or other easements are to be shown on the Tract Map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 39. Prior to recording the parcel map, the applicant shall GP, BP CE have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 40. Prior to the issuance of building permits the applicant GP, BP CE shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. City Engineer GP, BP CE Site Specific Conditions 41. This project is required to pave Tecorida Ave, with Curb, Gutter and sidewalk on the east side, from the end of the existing paving on the south side of the project to the end of the existing paving (at the barricade) for orderly development and traffic circulation. The length of this paving is approximately 128 feet. A 5 -foot offer of dedication shall be provided to accommodate such improvements and shall be recorded on the final map. 42. Frontage improvements required are curb, gutter, and GP, BP CE sidewalk on the east side of Tecorida Ave and concrete drive approach or concrete cross gutter at the driveway to allow the drainage to be conveyed down Tecorida. 43. Public Sanitary Sewer shall be extended from GP, BP CE property line to property line. 44. Final project inspection shall be contingent upon GP, BP CE completion of the public sewer extension and Public Works final inspection. A City of Atascadero Sewer Extension Performance Agreement shall be executed. 45. Applicant shall pay sewer Extension Fees for five (5) GP, BP CE newly created lots and Connection fees upon issuance of building permit. Sewer connection permits shall be issued separately from building permit after public sewer extension has been completed and has received a satisfactory final Public Works inspection. Each building shall be separately and independently connected with the public sewer. A backflow valve shall protect sewer piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole or cleanout cover. Atascadero Mutual Water Company GP, BP CE 46. Prior to recordation of the final map, the applicant shall submit plans for review and approval by AMWC for all existing and proposed water distribution facilities that provide water service to the proposed lots. All new water distribution facilities shall be Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy constructed in conformance with Atascadero Mutual Water Company Standards. 47. Prior to the issuance of building permits, the applicant GP, BP CE shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created lots. 48. Prior to the start of construction, the applicant shall GP, BP CE pay all installation and connection fees required by the Atascadero Mutual Water Company, or enter in to a "deferred connection" agreement. 49. Private easements may be needed for the private GP, BP CE water service lines that serve parcels which do not front on Tecorida Road. 50. Water meters located on Tecorida Ave for Lots 1 and GP, BP CE 6 are in acceptable location. Meters for newly created Lots 3, 4 & 5 need to be located on frontage of road at Tecorida Ave and private utility easements provided for private service lines to parcels. Mitigation Measures GP, BP CE Mitigation Measure 1.c.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 30-feet in height, limit intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. Mitigation Measure 1.c.2: The project landscape shall include BP PS 1.0 requiring one 24-inch box sized tree within the front yard of each new residence. Mitigation Measure 3.b: The project shall be conditioned to BP PS 1.c.2 comply with all applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. B. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project reve etation and landscape plans shall Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast -germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. H. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. K. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. L. Wheel washers may be required when significant offsite import or export of fill is involved. M. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. Mitigation Measure 4.b.1: The proposed creek bridge shall be BP BS 3.b supported by city -approved caissons. Caisson locations shall be tested prior to drilling to insure that no major roots are damaged. Adjacent trees shall have tree trunk protection (2"x4"x8' boards wired together and secured around the tree trunk prior to bridge construction). Mitigation Measure 4.b.2: As recommended by California BP, GP PS 4.b.1 Department of Fish & Game Notification R3-2001-0171: ■ All work in the stream shall be confined to June 15 to October 15. ■ No equipment will be operated in live (wet) stream channels. ■ Any runoff during construction shall be diverted so as not to enter the stream. Sediment catchment basins, erosion control mats, fabric fences, or other appropriate means shall be used when such diversion are necessary. ■ Wash water containing mud or silt from construction operations shall not be allowed to enter the stream. ■ Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows occur. ■ No debris, soil, silt, bark, sawdust, rubbish, cement or concrete or washing thereof, oil or petroleum products or other organic or earthen material from construction or associated activity or whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into the stream. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy the high water mark of the stream. Mitigation Measure 4.e.1: The building permit site plan shall BP, GP PS 4.b.2 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The developer shall contract with a BP, GP PS 4.e.1 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. As identified in the tree protection plan, the root zone equals 1 -foot radius for every 1 inch of tree trunk diameter. Several trees on this site will require tree trunk protection. Tree trunk protection is 2" x 4" x8 foot boards that are wired together and placed around the tree trunk. Trees requiring this protection are: #5, 6, 20, 21, 22, 32, 33, 34, and 35 as identified on the Tree Protection Plan. (c) As specified by the arborist report and City staff: ■ Remove all berry vines and trees designated for removal by hand; ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ Grub only for the proposed driveway (do not grade nor compact). ■ Install porous pavers over a three-inch bed of 3/4 inch granite covered with one -inch pea gravel for screeding. ■ Use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on- site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 5.e: Should any cultural resources be BP, GP PS 4.e.2 unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: The grading permit application plans GP BS 5.e shall include 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.b.2: All cut and fill slopes shall be hydro GP PS, BS, CE 6.b.1 seeded with an appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be GP PS, BS, CE 6.16.2 submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. Mitigation Measure 8.e.f.1: A Storm Water Pollution GP BS 6.c.d Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for GP PS, BS, CE 8.0.1 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d: All construction activities shall GP PS, BS, CE 8.e.f.2 comply with the City of Atascadero Noise Ordinance for hours of operation. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 1155 EI Camino Real BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department CUP 2005-0157/ZCH 2005-0099 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO:TemporaryOccupancy WW: Wastewater FM:: Final Map CA: City Attorney F0: Final Occupancy Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Planning Commission. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. Mitigation Measure 16.c.1: Points of concentrated drainage BP, GP PS, BS 11.d into the creek shall incorporate natural rock riprap designed to blend with the natural landscape and function to dissipate energy and eliminate creek bank erosion, subject to review and approval of the City Engineer. GP BS, CE 16.c.1 ATTACHMENT 4: Draft Resolution PC 2008-0039 RESOLUTION PC 2008-0039 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A SECOND ONE-YEAR TIME EXTENSION OF AN APPROVED VESTING TENTATIVE TRACT MAP (TTM 2005- 0067) AND CORRESPONDING MASTER PLAN OF DEVELOPMENT (1155 El Camino Real) WHEREAS, the applicant Wehn Group, LLC, proposes a proposed subdivision of a 5.54 acre, gross, lot into 62 small residential lots; and WHEREAS, the City Council approved a Tentative Tract Map on August 9, 2005; and WHEREAS, the Planning Commission approved a one-year Time Extension at a meeting held August 21, 2007, setting the expiration date to August 9, 2008; and, WHEREAS, the Planning Commission considered the proposed one-year Time Extension at a meeting held August 5, 2008, setting the expiration date to August 9, 2009; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: Findings for approval of the Time Extension: The Planning Commission makes the following findings: 1. The approval of the second Time Extension would not place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both. 2. The approval of the second Time Extension will not prohibit the project from complying with state or federal law. SECTION 2: Approval: The Planning Commission does hereby approve a second one- year time extension of TTM 2005-0067, to expire on August 9, 2009. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 3 DATE: 8-5-08 Atascadero Planning Commission Staff Report — Community Development Scott Kaiser, Planning Intern, 470-3470, skaiser@atascadero.org Kelly Gleason, Senior Planner, 470-3436, kgleason@atascadero.org TTM 2003-0039, TTM 2004-0064 Time Extensions 2555, 2605, 2705 EI Camino Real (Central Coast Assets, LLC / Peter Laughlin) SUBJECT: Consideration of a one-year Time Extension for Tentative Tract Map 2003-0039 and Tentative Tract Map 2004-0064. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2008-0037, thereby approving a one-year Time Extension of Tentative Tract Map 2003-0039 and Tentative Tract Map 2004-0064 in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance. SITUATION AND FACTS: 1. Owner / Applicant: Central Coast Assets, LLC, Peter Laughlin, PO Box 2003, Monterey, CA 93942 2. Project Address: 2555, 2605, 2705 EI Camino Real, Atascadero (San Luis Obispo County) APN 049-151-008, 009, 011 3. General Plan Designation: High -Density Residential/ Rural Estate 4. Zoning District: Residential Multi -Family (RMF -16) maximum 16 units/acre/ Residential Suburban 5. Site Area: 7.3 acres 6. Existing Use: Single -Family Residence / Vacant 7. Environmental Status: Certified Mitigated Negative Declaration 2005-0021 DISCUSSION: Background: Surrounding Land Use and Setting: North: Residential Multi -Family South: Residential Multi -Family Emerald Ridge Phase III Highway 101 East: Residential Multi -Family West: Residential Single -Family ICamino Real I Relocated Colony Home location Emerald Ridge Phase II Emerald Ridge Phase I On May 3, 2005, the City of Atascadero Planning Commission approved the Phase I, Tentative Tract Map 2003-0039, to allow 43 residential units on 2 common lots and a single-family residential parcel of existing record. The project was updated to include Phases II and III to include additional 92 residential units. Phases II and III were approved as Tentative Tract Map 2004-0064 on May 3, 2005. The combined total number of residential units is 135. On March 6, 2007, the applicant applied for and was granted a one-year Time Extension. The new expiration date is May 3, 2008. The applicant has applied for an additional one-year Time Extension for the project prior to this expiration date. Analysis: The Subdivision Map Act mandates an initial two-year life and, by local ordinance, the City can extend initial life up to an additional 12 months. Additionally, the City may extend the time at which the map expires for a period or periods not to exceed a total of five years. The application for the extension must be filed prior to the expiration date. The Planning Commission has discretion on whether they want to extend the map, or they can defer the decision to the City Council. The Planning Commission may add or modify any conditions of approval, prior to granting the Time Extension, to ensure the project remains consistent with updated ordinances and policy. Staff is not recommending any modifications with this Time Extension. General Plan Consistency The proposed Amendment remains consistent with the following General Plan Land Use and Housing Element Policies: Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods". Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. Land Use Policy 2.1.5: Supports attached multi -family developments on prime multi- family sites throughout the City. Based on qualifying factors set forth in the General Plan, this site qualifies for prime multi -family status. Map History: Approved Expiration Date Original Approval May 3, 2005 May 3, 2007 Time Extension 1 March 6, 2007 May 3, 2008 Time Extension 2 July 15, 2008 May 3, 2009 CONCLUSION: The proposed subdivision map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance and the lot configurations are consistent with the requirements of the Subdivision Ordinance for an air space condominium subdivision. Staff recommends the Planning Commission approve the Time Extension as requested. ALTERNATIVES: 1. The Commission may approve the Time Extension subject to additional or revised project conditions. 2. The Commission may deny the Time Extension if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 — Location, General Plan, and Zoning Map Attachment 2 — Site Plan & Elevations Attachment 3 — Draft Resolution 2008-0037 Attachment 1: Location Map, General Plan and Zoning a� 00 Project site: Emerald Ridge EI Camino Real Highway 101_ Project Zoning: RMF -16 General Plan Designation: High Density Residential ATTACHMENT 2: Site Plan & Elevations Site Plan ............... 1. -r4ww-,-. . ... . ... ..... . ... .... 'r nnIIn iol sell 111111941.1 1111616111 1.119vil.— -Irl-111811 ............. nll. r IIID 1116111 om 1611 smismis"Ill, OPEN I I -111q! I I NO! I 311 all 1111116HIN �ml, 11!11111 IF I I I g f l j I U Ali V-w William MINIMUM litivillol ...—M poll ion All lam look low GARAGE SIDE ELEVATION ATTACHMENT 3: Draft Resolution PC 2008-0037 DRAFT RESOLUTION NO. PC 2008-0037 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF TENTATIVE TRACT MAP 2003-0039 & 2004-0064 25559 26059 & 2705 El Camino Real (Laughlin Development Co.) WHEREAS, the applicant, proposes a Time Extension for a Master Plan of Development for Emerald Ridge Phase I, II and III, a 132 unit condominium development; and WHEREAS, the Planning Commission approved Phase I Tentative Tract Map 2003- 0039 on May 3, 2005 with amended and expanded Tentative Tract Map 2004-0064 approval following on May 3, 2005; and NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: Findings for approval of the time extension: The Planning Commission of the City of Atascadero makes the following findings: 1. The approval of the time extension would not place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both. 2. The approval of the time extension will not prohibit the project from complying with state or federal law. SECTION 2: Approval: The Planning Commission of the City of Atascadero does hereby approve a one-year Time Extension of TTM 2003-0039 and TTM 2004-0064, to expire on May 3, 2009. On motion by Commissioner , and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary Exhibit A: Conditions of Approval TTM 2003-0064 See Attached \\Cityhall\cdvlpmnt\- pre 06 PI -Ns (Old Planning Docs)\- TTM - Tentative Tract Maps\TTM 04\TTM 2004-0064 2555, 2605 ECR\Time Extension\TTM 2003-0039.PC staff report.km.doc ITEM NUMBER: 4 DATE: g -5 -ng Atascadero Planning Commission Staff Report - Community Development Department Kelly Gleason, Senior Planner, 470-3436, kgleason@atascadero.org West Front Village Master Plan of Development Amendment PLN 2008-1300 / Amendment to CUP 2003-0108 9000/9002/9006 West Front West Front Village, LLC (Shannon) RECOMMENDATION: Staff Recommends: Planning Commission adopt Resolution PC 2008-0040 to approve Amendments to the West Front Village Master Plan of Development based on findings and subject to amended exhibits. REPORT -IN -BRIEF: The proposed project consists of an application for a Conditional Use Permit (Master Plan of Development) Amendment to the approved Gas Station/Fast Food with Drive- through building within the commercial portion of the West Front Village development. The amendment includes separating the approved combined gas station/fast food with drive-through building into two, separate buildings. Specifically, the project amends Exhibit B: Master Plan of Development, Exhibit F: Schematic Landscape Plan, and Exhibit G: Architectural Elevations. No modifications to the uses or Conditions of Approval are being requested. DISCUSSION: Situation and Facts: 1. Property Owner: West Front Village, LLC, 1301 Chorro Street, San Luis Obispo, CA 93401 2. Applicant: 3. Project Location: 4. General Plan Designation 5. Zoning District: 6. Environmental Status Background ITEM NUMBER: 4 DATE: g -5 -ng Richard Shannon, 6755 EI Camino Real, Atascadero, CA 93422 9000, 9002, 9006 West Front, APN's 056-131- 021,022, 023 General Commercial Commercial Retail / Planned Development Overlay #23 Consistent with the previously certified Mitigated Negative Declaration for the West Front Village Development On September 27, 2005, the City Council approved a Master Plan of Development and Mitigated Negative Declaration for Planned Development #23 to allow General Plan Amendment, Zone Map Change, establishment of a Planned Development Overlay Zone with a corresponding Master Plan of Development (CUP), and a Vesting Tentative Tract Map that would allow a commercial and residential development on a 13.35 -acre site. The approved project included a Hotel, restaurant pad, and a combined gas station/fast food with drive-through building at the northwest corner of the site on West Front and Portola Road. Due to tenant needs, the applicant is requesting that the components of the project involving the approved gas station and fast food restaurant with drive- through, be separated into individual buildings. This requested modification will result in minor amendments to the site plan and landscape plan of the approved project as well as architectural detailing for the proposed gas station and fast food restaurant buildings. To date, the hotel has been constructed and operational. The project has received a subdivision improvement permit to allow grading and installation of site improvements. That permit is currently active. ANALYSIS: The proposed Amendment includes adjustments to the site plan, building architecture, and corresponding landscape plan. The elevations remain compatible with the previously approved Master Plan of Development. The originally approved gas station/fast food with drive-through building totaled 5,000 square feet and included 4 gas pumps and a drive-through facility. The proposed separated buildings total 3,766 ITEM NUMBER: 4 DATE: sz_r%_nsz square feet (2,512 SF of fast food restaurant and 1,254 SF of gas station), and 4 gas pumps. The currently approved drive-through facility remains as part of the fast food restaurant and is located in the same location as previously approved. Architectural Design: Staff has worked with the applicant to ensure that the proposed building architecture is compatible with the existing Hotel building, and is consistent with the originally approved concept elevations adopted as part of the Master Plan of Development. The proposed separated buildings include arched recesses and entry features, brick veneer accents, awnings, tiled roof elements, and decorative cornice treatments. In addition, the proposed fast food building has been designed to provide outdoor seating areas for patrons. Site Plan/Landscaping: The proposed project maintains the currently approved access points and wetland areas, and the location of the drive-through facility is unaltered. Approved canopy Restaurant/Retail pad IS Existing Hotel Approved fast food with drive-through /Gas Station L . ���.� " '��,�r.. fY► I :, '� cAt !!� .,c-� - � is �jr �._•y,, iied Site Plan — commercial portil _-- Fast food restaurant with drive-through w Gas station and canopy 2008 Requested modified site plan Future restaurant/retail pad ITEM NUMBER: 4 DATE: g_5_Og The proposed site plan will result in the provision of 152 total parking spaces (including the shared hotel site parking) consistent with the approved Master Plan of Development. Parking lot landscaping has been reviewed and is consistent with City requirements for landscape coverage. Shade trees will be provided within landscape planters, parking fingers, and tree wells. Signage: The proposed separated gas station building has two building signs, one facing the pump islands at the front entry of the building, and one facing West Front Rd. In addition, signage is proposed for the gas station canopy. The building signs are conditioned to meet the maximum sizes prescribed by the previously approved Master Plan of Development, and the canopy signs are conditioned to comply with the Atascadero Municipal Code canopy sign provisions. The fast food building is proposed to have 3 building signs, each a total of 25 square feet. Conditions of Approval have been added to ensure that signage does not exceed this proposed amount. 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 modifications to the proposed site plan and building elevations, separating the facilities for the approved fast food restaurant/gas station uses. Proposed Environmental Determination The Mitigated Negative Declaration prepared for the project was certified by the City Council on September 27, 2005. The current proposed Amendments are minor in nature and do not intensify the use or create any additional impacts. Staff recommends 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 #23 Overlay Zone. The proposed modifications to the site will allow separate facilities for an approved gas station and fast food restaurant and corresponding site and landscape adjustments. The proposed architecture is consistent with the architectural concepts of the approved Master Plan of Development and the recently constructed Hotel. ITEM NUMBER: 4 DATE: g -5 -pg ALTERNATIVES 1. The Commission may require modifications to the site plan. 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 amendments. 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 for a combined gas station/fast food restaurant. ATTACHMENTS: Attachment 1: Draft Resolution 2008-0040 ITEM NUMBER: 4 DATE: 8-5-08 ATTACHMENT 1: Draft Resolution PC 2008-0040 DRAFT RESOLUTION PC 2008-0040 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING PLN 2008- 1300, AN AMENDMENT TO CUP 2003-0108 TO MODIFY THE APPROVED SITE PLAN FOR THE GAS STATION/FAST FOOD PAD ON APN 056-131-02190229 023 West Front Village, LLC (Shannon) WHEREAS, an application has been received from Richard Shannon, 6755 El Camino Real, Atascadero, CA 93422, (Applicant), and West Front Village, LLC 1301 Chorro Street, San Luis Obispo, CA 93401, (Property Owner), to consider a project consisting of an Amendment to Conditional Use Permit 2003-0108 (West Front Village Master Plan of Development); and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); and, WHEREAS, the site's current zoning district is Commercial Retail / Planned Development Overlay #23 (CR/PD23); 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 August 5, 2008, studied and considered amendments to CUP 2003-0108; and, ITEM NUMBER: 4 DATE: g -5 -ng NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of CUP 2003-0108 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) including the planned Development #23 Overlay Zone; 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 August 5, 2008, resolved to approve the proposed amendments to Conditional Use Permit 2003-0108 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Master Plan of Development / Site Plan (Commercial lots 1, 2 and 3) EXHIBIT C: Grading and Drainage Plan (Commercial lots 1, 2 and 3) EXHIBIT D: Landscape Plan (Commercial lots 1, 2 and 3) EXHIBIT E: Fast Food Floor Plan EXHIBIT F: Fast Food Elevations EXHIBIT G: Gas Station Floor Plans & Elevations ITEM NUMBER: 4 DATE: xt_r%_nR 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 ITEM NUMBER: DATE: 8-5-08 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Conditional Use Permit 2003-0108 Amendment 2008 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services West Front Village License GP: Grading BS: Building Services FD: Fire Department Conditional Use Permit Amendment Permit BP: Building PD: Police Department CE: City Engineer CUP 2003-0108 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, 2, and 3 of the West Front Village 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 twenty four (24) BP PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. 6. All subsequent Tentative Map and construction permits shall be consistent Ongoing 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 architectural details shall be BP PS consistent with the Master Plan of Development as shown in EXHIBIT F ITEM NUMBER: DATE: 8-5-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services License BS: Building Services West Front Village GP: Grading FD: Fire Department Conditional Use Permit Amendment Permit BP: Building PD: Police Department CE: City Engineer CUP 2003-0108 Permit Fl: Final WW: Wastewater CA: City Attorney Inspection TO: Temporary Occupancy F0: Final Occupancy and G with the following modifications: ■ Awnings shall be metal or fabric, consistent with the previously approved Master Plan of Development. ■ All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible brick clad 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 and constructed hotel. 9. All site work, grading, and site improvements shall be consistent with the BP PS, BS, CE Master Plan of Development as shown in EXHIBIT B, C, and D, with the following modifications: ■ The screen wall along the drive-through shall be constructed of a combination of solid retaining wall with brick veneer and landscaped rought-iron picket fence. The screen fencing shall extend the entire length of the drive-through lane. 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 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. ■ All landscaping shall be drought tolerant.. ■ All wetland mitigation basin and edge landscaping shall be approved by the project biologist for species selection and placement. 11. All wetland mitigation shall be completed prior to final of the first commercial BP PS building on lots 1, 2, or 3. All wetland mitigation work shall be completed in accordance with all regulatory permits. ITEM NUMBER: DATE: 8-5-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services License BS: Building Services West Front Village GP: Grading FD: Fire Department Conditional Use Permit Amendment Permit BP: Building PD: Police Department CE: City Engineer CUP 2003-0108 Permit Fl: Final WW: Wastewater CA: City Attorney Inspection TO: Temporary Occupancy FO: Final Occupancy 12. Drainage outfall into wetland mitigation basins shall include bio filtering and BP PS shall be approved by the project biologist. 13. Signage shall be consistent with EXHIBIT F and G, 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. ■ Gas station building signage shall conform to the maximum sizes prescribed by the previously approved Master plan of Development. ■ The proposed fast food signage shall include three 5 -foot x 5 -foot building -mounted signs and shall conform to EXHIBIT F. 14. All sites shall be maintained and kept free of refuse. Ongoing PS 15. Fossil filters shall be included on all stormwater facilities entering the BP PS wetland mitigation basins. Bio -filters shall be designed into surface drains that terminate at the wetland areas. Public Works Department Conditions 1. The Commercial pads have been rough graded per an issued subdivision GP, BP CE improvement permit. Insufficient information has been submitted for Public Works staff to complete technical review of this revised plan for conformance with applicable City Standards. In general, site grading appears to be consistent with the issued grading, drainage, and subdivision improvement plans for the project. All requirements of the original project approval and issued improvement permits shall be adhered to. All grading and site work shall conform to the City's grading and drainage requirements. ITEM NUMBER: DATE: 8-5-08 EXHIBIT B: Master Plan of Development/Site Plan for parcels 1, 2, and 3 of the commercial portion of West Front Village EXHIBIT C: Grading and Drainage Plan (Commercial lots 1, 2, and 3) J �--- N LU F- < cc O /WZw V C10 Q Z LL V J_ac~na >cn3a Z O LL COW ITEM NUMBER: 4 DATE: sz_r%_nsz EXHIBIT D: Landscape Plan (Commercial lots 1, 2, and 3) r�'amrxv�v L71q�9 HV99 1J W1101pi T/Wllllq'J 3JTN 1MOIIflS3M ITEM NUMBER: 4 DATE: xt_r%_nR NVId f 3dVOSONVI 011WOHOS 7 t .r _ :r , Ii r G !.I �l'K-DO: foo r G ITEM NUMBER DATE: 8-5-08 EXHIBIT E: Fast Food Floor Plan SECTVq Y l.. • i�i 11� � rrr N3HUYM SNOA1 Sa u < .. .. 0 1 s J Ei a o i i j oil gm j i t -- E- J i Ms r o r < oM � CCC444 ITEM NUMBER DATE: 8-5-08 EXHIBIT F: Fast Food Elevations a�� espf,i 3 V I I I N3NHY CN `' y�y 13 Q ITEM NUMBER DATE: 8-5-08 EXHIBIT F: Fast Food Elevations a s i a e C a ' i z N3HHVM SNOAJ O z F O W > F' W J 1 S r: H Iki{ H O W r o�I' • ,a • 2 •�o.'H`a. ''-s�f;Y a P J' n � ee � t Q a s i a e C a ' i z N3HHVM SNOAJ O z F O W > F' W J 1 S r: H Iki{ H O W ITEM NUMBER: 4 DATE: 8-5-08 EXHIBIT G: Gas Station Floor Plan and Elevations Y � I \ Y L J J ? I 1. 4' � LL7 U N t \ IL �Q �y <Z WZ JLL F$ t- W F Fd - E s Q O Ln Z v• �i 4 0 uJ V w �OEL0Q t Lu > d F MZQzv a �ufd0� > u.i �Lj) ry ry 0 >Z IL uz—��� z �.. kn �djiO'UW l Vr �w 76 ITEM NUMBER DATE: 8-5-08 EXHIBIT G: Gas Station Floor Plan and Elevations (a� w I mF p Q Y Y nl IY H 1 J pap� L Q Z z4 O Lu dOUJ CL0< ,r Wiz -w -4Wd- w V ,r v dw�z� LL I-: �a nt{s�q�.p4�FrW+KgGI� o I �zz v � UJ W �� ry W Z IL �_ ry u�2- zO�0)�° �.. CL 0< O u -r V ITEM NUMBER DATE: 8-5-08 EXHIBIT G: Gas Station Floor Plan and Elevations Hw Q z 1 C) Q w Y Q W zE v Y 11 V 11 v Z 1 O LL -d Z z< a �IK}w Q w�o<w o Lu > < ?zZz< —LLJ< W ` --A 'T 0 ry ry z IL Lu z.Q Iu Ory 0a 7-(3 Q < iL < v r V d1