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Home My WebLink AboutPC_2007-01-16_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, January 16, 2007 — 7:00 P.M. (Amended Agenda 1-12-07) City Hall Council Chambers 6907 E1 Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson O'Keefe Vice Chairperson Vacant Commissioner Jack Commissioner Slane Commissioner Fonzi Commissioner Marks Commissioner O'Grady PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA 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. 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 five minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) City of Atascadero Planning Commission Agenda Regular Meeting January 16, 2007 Page 2 of 4 CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON DECEMBER 19, 2006. 2. ACCEPTANCE OF RESOLUTION RECOMMENDING DENIAL OF PLN 2099- 0795/ZCH 2006-0112, CUP 2006-0178, TTM 2006-0082; EL CORTE PLANNED DEVELOPMENT (EDDINGS) This item was recommended to the City Council for denial on 12/19/06. The Commission will accept the final form of the resolution. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 3. PLN 2006-1163, ROAD ABANDONMENT AT 9700 EL CAMINO REAL Owners: Ted Jacobson, 8055 Cristobal Ave., Atascadero, CA 93422 J. Patel, 580 Garcia Road, Atascadero, CA 93422 Project Title: Road Abandonment 2006-0017/PLN 2006-1163 Project Location: 9700 EI Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 056-081-032 Project An application for a partial right-of-way abandonment on East Front Street. The applicant Description: is requesting that the City abandon a portion of its right-of-way between the existing Chevron Service Station and the Post Office. The applicant is requesting the abandonment in order to construct a portion of a hotel on the right-of-way. The abandonment size is approximately 28 feet wide by 191 feet long. General Plan Designation: R -O -W Zoning District: R -O -W Proposed Categorically Exempt Class 5 (Section 150305 pertaining to minor alterations of land use) Environmental Determination: City of Atascadero Planning Commission Agenda Regular Meeting January 16, 2007 Page 3 of 4 4. PLN 2099-0305. LUBE `N' GO AMENDMENT, 7095 EL CAMINO REAL (CONTINUED FROM 12-16-06) Applicant• Atascadero Enterprises, 2505 Theatre Drive, Suite A, Paso Robles, CA 93446 Owners: Joe Simonin, 940 S. Bethel Road, Templeton, CA 93465 Adam Scattini, 2505 Theatre Dr. Ste. A, Paso Robles, CA 93446 Project Title: Amendment to Conditional Use Permit 2004-0144 / PLN 2099-0305 Lube 'N' Go Car Wash Project Location: 7095 EI Camino Real, San Luis Obispo County, APN 030-081-008 Project An Amendment to a Conditional Use Permit (CUP 2004-0144). A request to: (1) Shift Description the location of the approved Lube 'N' Go building to the rear of the site; (2) Adjust the parking, circulation and landscaping; and (3) Provide a location for an Atascadero identification monument sign. Although not a part of the proposed application, the project site includes an area for a building pad and parking for a future conceptual restaurant or other commercial building. General Plan Designation: General Commercial (GC) Zoning District: Commercial Professional (CR) Proposed Consistent with the previously certified Mitigated Negative Declaration 2005-0002. Environmental Determination: COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT A. NATIVE TREE INVENTORY PRESENTATION ADJOURNMENT The next regular meeting of the Planning Commission will be on February 6, 2007 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 January 16, 2007 Page 4 of 4 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m., at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall Annex business hours at the Community Development counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against, or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 5 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Chairperson before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). CALL TO ORDER ITEM NUMBER: 1 DATE: 1-16-07 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, December 19, 2006 — 7:00 P.M. Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner Fonzi led the Pledge of Allegiance. ROLL CALL Present: Commissioners Fonzi, Jack, Slane and Chairperson O'Keefe Absent: None Others Present: Recording Secretary Grace Pucci Staff Present: Community Development Director Warren Frace, Public Works Director Steve Kahn, Deputy Community Development Director Steve McHarris, Deputy Public Works Director David Athey, Associate Planner Kelly Gleason, and Assistant Planner Callie Taylor. PLANNING COMMISSION BUSINESS A. ADMINISTRATION OF OATH OF OFFICE Marcia Torgerson, City Clerk, will administer the Oath of Office to new Planning Commissioners, Doug Marks and Daniel P. O'Grady. City Clerk Marcia Torgerson administered the Oath of Office to incoming Planning Commissioners Doug Marks and Daniel O'Grady. Commissioners Marks and O'Grady joined the meeting PC Draft Minutes 12/19/06 Page 1 of 10 Community Development Director Warren Frace explained the options for selecting a Chairperson and Vice Chairperson for the Planning Commission. MOTION: By Commissioner Slane and seconded by Commissioner Fonzi to put off the selection of the Planning Commission Chairperson and Vice Chairperson until the February meeting. Motion passed 6:0 by a voice vote. APPROVAL OF AGENDA Chairperson O'Keefe announced that Item #3 will be continued to a future agenda, and Item #4 will be continued to a date certain of January 16, 2007. MOTION: By Commissioner Jack and seconded by Commissioner Fonzi to approve the agenda as amended. Motion passed 6:0 by a roll -call vote. DISCLOSURE OF EX PARTE COMMUNICATIONS: ■ Commissioner O'Grady: 1) Item #2 — visited the project site and met with the owner/builder Richard Mussallem, 2) Item #5 — visited the project site and met with Tina Mayer. ■ Commissioner Jack: 1) Item #2 — spoke with the owner and viewed the project with him, 2) Item #5 — met with Mr. Ravatt and went over the scope of the plan. ■ Commissioner Fonzi: 1) Item #5 — visited the site and spoke with Mr. Ravatt, 2) Item #6 — visited the site and spoke with the applicant Mr. Eddings. ■ Commissioner Marks: 1) Item #2 — spoke to Richard Mussallem, 2) Item #5 —spoke with Greg Ravatt and Tina Mayer, 3) Item #6 — Spoke with Catherine McDonald, Mrs. Cardinale and Robert O'Brien. ■ Commissioner Slane: 1) Item #5 — was invited by Greg Ravatt to visit his property, which he did, but did not meet with anyone there. ■ Chairperson O'Keefe: 1) Item #2 — visited the site and spoke with the owner regarding the tree removal, 2) Item #6 — received a call from Mr. Eddings and his consultant to see if she had questions and to invite her to visit the site; she had no questions or need to meet. PC Draft Minutes 12/19/06 Page 2 of 10 PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON DECEMBER 5, 2006. MOTION: By Commissioner Fonzi and seconded by Commissioner Slane to approve Item #1. Motion passed 4:0 by a roll -call vote. (O'Grady, Marks abstained) COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT, 9705 SANTA CRUZ ROAD Owner• Richard Mussallem, 8910 Coromar Ave. Atascadero CA 93422 Certified Arborist: A&T Arborists, P O Box 1311, Templeton, CA 93465 Project Title• TRP 2006-0099 / PLN 2006-1175 Project Location• 9705 Santa Cruz Road, Atascadero, CA 93422 (San Luis Obispo County) APN 050-162-018 Project A request to remove three Live Oaks (one 34" and two 20" trees) for the construction of a Description: Fire Department truck turnaround to serve a single family residence which is currently under construction. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) Assistant Planner Callie Taylor gave the staff report and answered questions of the Commission. PUBLIC COMMENT Eric Gobler, applicant's representative, explained the reasons for the Tree Removal request and answered questions of the Commission. Chairperson O'Keefe closed the Public Comment period. Chairperson O'Keefe commented that she would like the staff to have the option to work with the applicant to see if he would like to do some replanting on site. PC Draft Minutes 12/19/06 Page 3 of 10 MOTION: By Commissioner Slane and seconded by Commissioner Fonzi to adopt Resolution PC 2006-0109 to approve the request to remove three (3) native oak trees subject to conditions of approval and subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. Motion passed 6:0 by a roll -call vote. 3. TREE REMOVAL PERMIT, 7520 NAVAJOA AVENUE Owner: Lynne Higgins, 537 Kings Ave. Unit A, Morro Bay, CA 93442 Certified Arborist: A&T Arborists, P O Box 1311, Templeton, CA 93465 Project Title: TRP 2006-0100 / PLN 2099-0956 Project Location: 7520 Navajoa, Atascadero, CA 93422 (San Luis Obispo County) APN 031-152-003 Project A request to remove one 24" Valley Oak tree for a Multi -Family project which is currently Description: under construction. Description General Plan Designation: Medium Density Residential (MDR) Zoning District: Residential Multi Family RMF -10 This item has been continued to a future date. PUBLIC HEARINGS 4. LUBE `N' GO AMENDMENT (TO BE CONTINUED TO JANUARY 16, 2007) Applicant: Atascadero Enterprises, 2505 Theatre Drive, Suite A, Paso Robles, CA 93446 Owners: Joe Simonin, 185 Pendleton Lane, Templeton, CA 93465 Adam Scattini, 2505 Theatre Dr. Ste. A, Paso Robles, CA 93446 Project Title: Amendment to Conditional Use Permit 2004-0144 / PLN 2099-0305 Lube 'N' Go Car Wash Project Location: 7095 EI Camino Real, San Luis Obispo County, APN 030-081-008 Project The proposed project consists of an Amendment to a Conditional Use Permit (CUP Description 2004-0144). The project is a request to: (1) Shift the location of the approved Lube 'N' Go building to the rear of the site; (2) Adjust the parking, circulation and landscaping; and (3) Provide a location for a Atascadero identification monument sign. Although not a part of the proposed application, the project will also provide a building pad and parking for a future conceptual restaurant or other commercial building. General Plan Designation: General Commercial (GC) Zoning District: Commercial Professional (CR) Proposed Consistent with the previously certified Mitigated Negative Declaration 2005-0002. Environmental Determination: PC Draft Minutes 12/19/06 Page 4 of 10 5. ROSARIO BANKER HOUSE PLANNED DEVELOPMENT Owners: Gregory Ravatt & Tina Mayer, 5735 Rosario Avenue, Atascadero, CA 93422 James Barton Albrecht & Natalie Mejia, 4518 Hummel Dr., Santa Maria, CA 93455 Applicant: Gregory Ravatt, 5735 Rosario Ave., Atascadero CA 93422 Project Title: PLN 2099-0789/ZCH 05-0109/CUP 05-0173/TTM 05-0078: Banker House Planned Development Overlay Project Location: 5715/5735 Rosario Avenue, (San Luis Obispo County) APN 029-252-001 Project The proposed project consists of an application for construction of 9 new single family Description: attached and detached homes on individual lots that will be developed under the requirements of a custom Planned Development Overlay District within the RMF -10 Zoning District. One existing Historic Colony Home will be restored as part of the project and the existing carriage house will be restored and retained on-site for use by the residents of the Colony Home. Proposed homes range in size from 1426 square feet to 1565 square feet. Lot sizes range from 1,711 square feet to 14,388 square feet. Three (Live Oak) trees are proposed for removal. The project will take access Rosario Avenue and will be served by City sewer. General Plan Designation: Medium Density Residential (MDR) Zoning District: Residential Multi -Family -10 (RMF -10) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review from 11/6/06 through 12/5/06 at 6907 EI Camino Real, Community Development Determination: Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kelly Gleason gave the staff report and with Deputy Public Works Director David Athey answered questions of the Commission. PUBLIC COMMENT Greg Ravatt, applicant / project architect, gave a PowerPoint presentation on the project and answered questions of the Commission. Kevin Silva expressed concern regarding the adequacy of parking and thought the project could be downsized to four houses from nine. He also stated his concerns with drainage and maintaining the flavor of the neighborhood. Chairperson O'Keefe closed the Public Comment period. Associate Planner Kelly Gleason and Deputy Public Works Director David Athey addressed the issues of parking for the project, number of units and drainage. MOTION: By Commissioner Fonzi and seconded by Commissioner O'Grady to adopt Resolution PC 2006-0104 recommending the City Council certify Proposed Mitigated Negative Declaration 2006-0033; and, adopt Resolution PC 2006-0105 recommending the City Council introduce an ordinance for first reading by title only, to approve Zone Change 2006-0128 PC Draft Minutes 12/19/06 Page 5 of 10 based on findings to establish Planned Development Overlay Zone #28; and, adopt Resolution PC 2006-0106 recommending the City Council introduce an ordinance for first reading by title only, to approve Zone Change 2005-0109 based on findings; and, adopt Resolution PC 2006-0107 recommending the City Council approve Conditional Use Permit 2005-0173 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution PC 2006-0108 recommending the City Council approve Vesting Tentative Tract Map 2005-0078 based on findings and subject to Conditions of Approval and Mitigation Monitoring, and with the amended conditions of approval given to the Commission in their staff report. Motion passed 6:0 by a roll -call vote. Chairperson O'Keefe recessed the hearing at 8:22 p.m. Chairperson O'Keefe called the meeting back to order at 8:28 p.m. 6. 8570 EL CORTE PLANNED DEVELOPMENT Owner & Royce Construction & Development, Inc., 10780 Vista Road, Atascadero, CA 93422 Applicant: Project Title: PLN 2099-0795/ZCH 2006-0112, CUP 2006-0178, TTM 2006-0082; Planned Development Project Location: 8570 EI Corte, Atascadero, CA 93422 San Luis Obispo Count APN 030-421-005 Project The proposed project consists of a Zone Change, Conditional Use Permit, and Tentative Description: Tract Map for the construction of 10 new single-family detached homes on individual lots that will be developed under the requirements of the Planned Development Overlay #17. Proposed homes range from approximately 1300 square feet to 2300 square -feet with two -car attached garages. Thirteen (13) willow trees/shrubs (appx 75% of the riparian willow mass) are proposed be removed as part of the development. The project site contains an existing drainage way that contains riparian species and an identified wetland area. The immediate wetland area is proposed to remain. The project will take access off of EI Corte Rd. Frontage improvements will be provided along EI Corte Rd and La Linia Ave. The development will be served by City sewer. General Plan Designation: Single -Family Residential (SFR -X) Zoning District: Residential Single -Family -X (RSF-X) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review Determination: from 10-9-06 through 11-7-06 at 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PC Draft Minutes 12/19/06 Page 6 of 10 PUBLIC COMMENT Royce Eddings, applicant, gave a brief overview on the history of the project and answered questions of the Commission. Jamie Kirk, applicant's representative, gave a PowerPoint presentation on the project. Aaron Hook, Sierra Delta Corporation, explained the wetland, riparian, and water quality investigation for the project and answered questions of the Commission. Ted Elder, project arborist, answered questions of the Commission. Eric Gobler, project civil engineer, answered questions of the Commission. Robert O'Brien, EI Corte Road resident, asked the Commission to deny any significant changes to the current zoning and explained why this project would have a negative effect on the character of the neighborhood. Mr. O'Brien expressed concern with the root system of the oak tree on his property and drainage onto his property. Catherine McDonald, EI Corte Road resident, stated that this development would not enhance the neighborhood, expressed concern with the number of houses proposed for the project, and asked that the original zoning be left in place. Gil Salina Cardinale expressed her concerns with the number of houses proposed for the site and would like the current zoning to remain. Horace Cardinale spoke about the creek and stated his opinion that the amount of water that flows through it has been underestimated. Mr. Cardinale expressed concern with loss of privacy due to the two-story homes. Chuck Ward, EI Corte Road resident, explained the reasons for his opposition to the project and stated the project would irrevocably change the character of the neighborhood. Jamie Kirk addressed several issues raised by the previous speakers. Chuck Ward stated that the one low income unit is not a real benefit to the community, and spoke about problems with the wetland area. Catherine McDonald stated that the original zoning has defined the character of the neighborhood and stated her concerns with the drainage. Chairperson O'Keefe closed the Public Comment period. COMMISSIONER COMMENTS: PC Draft Minutes 12/19/06 Page 7 of 10 Commissioner Marks 1. Architecture is attractive. 2. Concerned with the density in the neighborhood. 3. Original zoning must be looked at, and he is not comfortable with the state requirement, which makes this too dense. 4. Does not think the tree survey is complete. Commissioner Slane 1. Nice project that will enhance the neighborhood 2. Applicant has done his homework, is following the General Plan and responded to staff requirements. 3. Understands the neighbor's concerns regarding density, but the City Council has determined that urban infill will be utilized to preserve the rural areas. Commissioner Fonzi 1. Understands the neighbors concerns, but the applicant has tried to make this as compatible with the neighborhood as he can. 2. The General Plan has guidelines for where this type of development should occur and this project meets those guidelines for higher density developments. 3. Happy to see workforce and affordable housing which is a benefit to the community. 4. Likes that this is a cul-de-sac, which should reduce the amount of traffic onto EI Corte. 5. Concerned with the cottonwood tree—if it is considered a hazard it should be removed. 6. Wetlands issue is a concern; a lot of water moves through that area, however the proposed drainage may be a benefit to the neighborhood. The area proposed for building on this site is not designated as a wetland. 7. The benefits outweigh the detriments on this project. 8. Likes the architectural detail. Commissioner Jack 1. Concerned with the drainage off the site and that there may be more of a tendency for flooding. 2. The cottonwood should be taken out and replaced with a larger box shade tree. 3. Regarding the large oak tree (#40), he has a concern with building on top of the drip line. Because this tree doesn't belong to the project owner, he does not want to see any impacts to it. 4. Likes the cul-de-sac. Commissioner O'Grady 1. This is the wrong project in the wrong place at the wrong time. 2. Thinks the affordable unit could be provided at a lesser density. 3. He believes the definition of high quality architectural design is the way the building relates to the site more than anything else, and this project obliterates the contours of the land. PC Draft Minutes 12/19/06 Page 8 of 10 4. These two-story homes are not compatible with the surrounding neighborhood, which consists of one-story homes. 5. The high quality landscape design does not mitigate the loss of the perspective of the landscape. 6. This project does not act as a buffer between the urban and suburban zone. 7. He cannot find that this project meets the Tier One benefits. Chairperson O'Keefe 1. Infill doesn't mean a planned development overlay must be done on this lot. 2. Concerned with the drainage for the project, and concerned that the engineering information may not have addressed all issues. 3. Concerned with the garage setbacks; the reason for the 10 foot setback was to prevent the garage from becoming the predominate architecture of the house. 4. The lots sizes are too small, the houses are too large and do not fit in with the neighborhood. 5. The site coverage does not meet the requirements for the PD. 6. State density bonus does not fit for this parcel in this location. 7. This project does not meet the benefit of creating a buffer or transition, this is a complete change from what is in the neighborhood, and there is no transition point. 8. The definitions of high quality landscape and architectural design are vague and in the eyes of the beholder. 9. Chalk Mountain Village has been cited for comparison purposes, however, that is a project that should not have happened and the mistake should not be repeated. 10. It is likely that similar projects will be coming in for this neighborhood and a precedent would be set if this is approved. 11. This does not meet the requirements for Tier One benefits. 12. For a CUP a finding must be made that this is compatible with the neighborhood. This does not fit in and is a complete change for the neighborhood. MOTION: By Commissioner O'Grady and seconded by Commissioner Marks to deny the project. Motion passed 4:2 by a roll -call vote. (Fonzi, Slane opposed) COMMISSIONER COMMENTS AND REPORTS None PC Draft Minutes 12/19/06 Page 9 of 10 DIRECTOR'S REPORT Community Development Director Warren Frace explained that staff is trying to arrange a site tour for Rancho de Paraiso, and asked Commissioners to check their calendars for available dates between January 29 and February 9. Director Frace reported that the City Council is working on norms for the Council, Planning Commission and Parks and Recreation Commission, which should be presented early next year. He also reviewed the agenda for the next Planning Commission meeting. ADJOURNMENT Chairperson O'Keefe adjourned the meeting at 10:28 p.m. to the next regularly scheduled meeting of the Planning Commission on January 16, 2007. MINUTES PREPARED BY: Grace Pucci, Recording Secretary PC Draft Minutes 12/19/06 Page 10 of 10 ITEM NUMBER: 2 DATE: 1-16-07 RESOLUTION PC 2006-0113 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL DENY ZONE CHANGE 2006-0112, A REQUEST TO AMEND THE OFFICIAL ZONING MAP DESIGNATION OF APN 030-421-005 FROM RSF-X (RESIDENTIAL SINGLE-FAMILY — X) TO RSF-X /PD -17 (RESIDENTIAL SINGLE-FAMILY — X/ PLANNED DEVELOPMENT OVERLAY #17) AND DENY ALL CORRESPONDING DEVELOPMENT APPLICATIONS (8570 El Corte Road/ Eddings) WHEREAS, an application has been received from Royce Eddings (10780 Vista Rd, Atascadero, CA 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RSF-X (Residential Single -family -X) to RSF-X/PD 17 (Residential Single -Family -X with a Planned Development Overlay 17) with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 8570 El Corte Road, (APN 030-421-005); and, WHEREAS, the site's General Plan Designation is SFR -X (Single -Family Residential -X); and, WHEREAS, the site's current zoning district is RSF-X (Residential Single- family -X); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006- 0031 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 21, 2006 studied and considered Zone Change 2006-0112, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Denial of a Zone Change and associated development applicatons (CUP, TTM, MND). The Planning Commission finds as follows: 1. Modification of development standards or processing requirements does not promote orderly and harmonious development. 2. The proposed project does not offer certain redeeming features to compensate for the requested zone change. 3. The proposed development is incompatible with the surrounding neighborhood. SECTION 2. Recommendation of Denial. The Planning Commission of the City of Atascadero, in a regular session assembled on November 21, 2006, resolved to recommend that the City Council deny the proposed Zone Map Amendment and associated development applications as referenced in the following exhibit: 1. Exhibit A: Location Map/Zone Map Amendment Diagram 2. Exhibit B: Master Plan of Development BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner O"Grady, and seconded by Commissioner Marks the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners O'Grady, Marks, O"Keefe, and Jack ( ) NOES: Commissioners Fonzi and Slane ( ) ABSTAIN: None ABSENT: None ADOPTED: December 19, 2006 CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Location Map/Zone Map Amendment Diagram 8570 E1��, Corte pe e' ry ka a Existing: General Plan Designation — Single -Family Residential — X Zoning District — Residential Single -Family — X Proposed: General Plan Designation — Single -Family Residential — X Zoning District — Residential Single -Family — X / PD -17 Recommendation to deny the proposed request .xhibit B: Master Plan of Development ly jr j -firr �t89�_ii•.t) _ Y t �• .7 � L .1G ci� A •{ s i 1• i g �9 Y Yp f ft`` COME "0.0 -- f� .•-' -`^ till � •r .'r_»—� '' ---/—�� - - --•-� - i► ------------- ----- Y- -pA--_- U i� Ot !�f jos fli .ri: ITEM NUMBER: 3 DATE: 1-16-07 Atascadero Planning Commission Staff Report - Public Works Department Road Abandonment 2006-0017/PLN 2006-1163 Request to Summarily Vacate an Undeveloped Portion Of East Front Street (Ted Jacobson/J. Patel) RECOMMENDATION(S): Planning Commission adopt Resolution 2007-0003 recommending the City Council approve Road Abandonment 2006-0017 to summarily vacate an unconstructed portion of the East Front Road right-of-way based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Applicant/Owners: Ted Jacobson, 8055 Cristobal Ave. Atascadero, CA 93422, J. Patel, 580 Garcia Road, Atascadero, CA 93422/Ted and Iris Jacobson 8531 Florence Ave. #100, Downey, CA 90240 2. Project Address: East Front Street, 9700 EI Camino Real Lot 3, Block 11 Per 98012010763 APN: 056-081-032 3. General Plan Designation: Right -of -Way 4. Zoning District: Right -of -Way 5. Site Area: 0.13 Net acres 6. Existing Use: Office complex currently under construction along frontage 7. Environmental Status: Exempt per CEQA section 15305: Minor Alterations in Land Use Limitations DISCUSSION: Background: The requested right-of-way abandonment will increase the size of the adjacent commercial property. At present, a hotel has been proposed as one alternative for the site. The requested abandonment is for a portion of existing right-of-way on East Front Road which is approximately 28.5 feet by 191 feet, as shown below. This portion of East Front right-of-way, originally created during the construction of Highway 101, has never been constructed on or used. ANALYSIS: Right-of-way abandonments are governed by the following code sections from the California Streets and Highways Code and the Atascadero Municipal Code. In order for the proposed abandonment to be approved, the project must comply with all of the provisions and requirements set forth in each code section. California Streets and Highway Code Requirements Requirements for summarily vacating a road are found in the Streets and Highways Code, Section 8331, which provides: 8331. The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel. (b) No public money was expended for maintenance on the street or highway during such period. The right-of-way under consideration was created by a subdivision map in approximately 1952. The subject portion of right-of-way has never been constructed on or used. The current alignment of East Front Road and location of sidewalks is approximately 25 feet inside the current right-of-way alignment. In addition no structures have been built in the right-of-way and the open area has been impassable for five or more years. City Requirements California Government Code Section 65402 requires that all abandonments be consistent with the legislative bodies General Plan, as follows: "If a general plan or part thereof has been adopted ... no real property shall be ... vacated or abandoned... until the location, purpose and extent of such ... street vacation or abandonment... has been submitted to and reported upon by the planning agency as to the conformity with said general plan or part thereof." East Front Street is identified in the General Plan Circulation and Bikeway/Trail diagrams as a collector road. Collectors channel traffic from commercial areas to arterials (in this case to Santa Rosa Road and EI Camino Real.) Commercial areas typically front to collector roads and they are two-way streets with maximum acceptable traffic volumes. The acceptable traffic volumes are dictated by residential concerns regarding intrusions rather than traffic capacity considerations. Currently there are no residences on East Front Road and current zoning does not allow for Mixed -Use developments. The existing road way is comprised of two travel lanes with sidewalk on the eastern side. The 101 freeway borders East Front Road to the west, and the road currently directs traffic from the northbound freeway off ramp located at the southern terminus of the road to Santa Rosa Road. The applicant has provided a traffic analysis which found that no new traffic improvements need to be made at build -out of the commercial corridor. The Public Works Department has evaluated East Front Road and has determined that the current location and design is sufficient to support the surrounding area at build -out. Therefore, abandonment of a portion of the right-of-way would be consistent with the General Plan street classification and would maintain sufficient traffic capacity for future build -out. Zoning Designation Staff has determined that when a right-of-way or portion thereof is abandoned, the zoning shall become the same as the adjacent zoning designation. The requested abandonment will be for the benefit of the adjacent parcel and will become part of the Commercial Tourist zoned parcel. No new parcels will be created as a result of this abandonment. Fiscal Impact The applicant shall pay all fees and expenses to abandon the Right -of -Way. City Council will be considering issues regarding right-of-way compensation and final terms of the property transfer. Environmental Determination The proposed right-of-way abandonment is categorically exempt per CEQA section 15305 which exempts minor alterations in land use limitations. CONCLUSION: The proposed abandonment meets both criteria of the State requirements since the portion of this portion of the East Front Street right-of-way has not been constructed on and has been impassable for vehicular travel for a period of five consecutive years. In addition, no public money has been expended for maintenance on the subject right-of- way during the stated time period. The abandonment is also consistent with the City's Circulation Element of the General Plan and will not reduce or interfere with necessary improvements to the road at build- out, future bikeways, or planned trails. ALTERNATIVES: 1. The Commission may approve the project, subject to additional or revised project conditions. 2. The Commission may deny the project 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 and the applicant for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: David Athey, Deputy Public Works Director ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2007-0003 TAENGINEERING\Development\East Front Hotel\PC Staff Report - East Front Road Abandonment.doc \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1163 Road Abandonment\PC Staff Report - East Front Road Abandonment.doc Attachment 1: Location and Zoning Map RAB 2006-0017 East Front Street Proposed Abandonment location Ivp 41 General Plan Designation: Commercial Tourist Zoning Designation: Commercial Tourist Attachment 2: Draft PC Resolution 2007-0001 RAB 2006-0017 DRAFT RESOLUTION PC 2007-0003 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THE CITY COUNCIL APPROVE ROAD ABANDONMENT 2006-0017 TO SUMMARILY VACATE A PORTION OF EAST FRONT STREET PURSUANT TO SECTION 8331 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE (Patel / Jacobsen) WHEREAS, Ted and Iris Jacobson 8531 Florence Ave. #100, Downey, CA 90240 (Owners), J.P. Patel, 580 Garcia Road, Atascadero, CA 93422 (Applicant) applied to abandon an approximate 0.12 acre portion of East Front Street, Portion of Lot 3 created by C.C.O.R. 98- 010763, City of Atascadero, County of San Luis Obispo, State of California and filed for record on October 21, 1914 in Book 3AC at Page 8 of Maps; and WHEREAS, the current General Plan Designation and Zoning Designation is right-of- way; and, WHEREAS, the abandoned portion of the road will become a part of the adjacent property currently zoned Commercial Tourist; and, WHEREAS, the project is in conformance with the Circulation Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the proposed right-of-way abandonment is exempt from CEQA review per section 15305: Minor Alterations in Land Use Limitations. WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Road Abandonment on January 16, 2007 at 7:00 p.m. and considered testimony, reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for the Road Abandonment. The Planning Commission finds as follows: 1. The proposed project is consistent with the General Plan. 2. The portion of East Front Street right-of-way proposed to be abandoned has been impassable for vehicular travel for a period of five consecutive years and no public money has been expended for maintenance on the street during such period. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 16, 2007 resolved to recommend that the City Council approve Road Abandonment 2006-0017 subject to the following: EXHIBIT A: Zoning and Location Map EXHIBIT B: Road Abandonment Diagram EXHIBIT C: Conditions of Approval BE IT FURTHER RESOLVED, that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Location map RAB 2006-0017 General Plan Designation: Commercial Tourist Zoning Designation: Commercial Tourist Exhibit B: Road Abandonment diagram RAB 2006-0017 Exhibit C: Conditions of Approval RAB 2006-0017 CONDITIONS OF APPROVAL: 1. Prior to City Council approval of the road abandonment, the applicant shall have the application reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company which indicates their review of the application. The letter shall identify any new easements which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be recorded prior to or concurrently with the road abandonment. 2. The Applicant shall pay all plan check and right-of-way abandonment costs. 3. The applicant shall submit a Final Parcel Map, per the requirements of the subdivision Map Act and California Streets and Highway Code, merging the abandoned Right -of - Way and the existing parcel. The Final Parcel Map shall be submitted after City Council approval of the Right -of -Way abandonment. The Final Parcel Map shall be in substantial conformance with the City Council's action and shall be approved by the City Council prior to recordation. \\CityhaII\cdvlpmnt\- 06 PLNs\PLN 2006-1163 Road Abandonment\PC Staff Report - East Front Road Abandonment.doc ITEM NUMBER: 4 DATE: 1-16-07 Atascadero Planning Commission Staff Report - Community Development Department EI Camino Real LUBE `N' GO with Car Wash CUP AMENDMENT 2004-0144, LLA 2007-0181 (Atascadero Enterprises) BACKGROUND On May 19, 2005, the Planning Commission voted 5-2 to approve a proposed Lube `N' Go with carwash facility at the project site. In October 2005, the applicant submitted building plans for the proposed project that included minor revisions to the architecture to address a construction design issue during the building permit process. On November 1, 2005, the Planning Commission approved minor revisions to the building elevations and site plan. Building permits consistent with Planning Commission approved plans were issued on May 9, 2006. At present, the applicant has negotiated the purchase of the abutting property to the east and south, enabling the proposed building to shift further back from EI Camino Real allowing improved landscaping along EI Camino Real and provision for a pedestrian -oriented commercial or restaurant pad along EI Camino Real. RECOMMENDATION: Staff is recommending the Planning Commission determine that the revised plans are consistent with the intent of the original Planning Commission approval, and approve the proposed project amendment, as follows: 1. The Planning Commission adopt Resolution PC 2006-0110 to approve Conditional Use Permit Amendment 2004-0144, amending the original Master Plan of Development (Conditional Use Permit 2006-0144) based on findings and subject to conditions of approval and mitigation measures. 2. The Planning Commission adopt Resolution PC 2007-0001 to approve Lot Line Adjustment 2007-0081 between three legal lots of record. ITEM NUMBER: 4 DATE: 1-16-07 Situation and Facts: 1. Property Owners: Atascadero Enterprises, 2505 Theatre Drive, Ste. A Paso Robles, CA 93446 Jerry Taft, 7101 EI Camino Real, Atascadero Alexander Cozzolino, 143 Kelly Ave., Half Moon Bay 2. Applicant: 3. Project Address: 4. General Plan Designation: 5. Zoning District: 6. Redevelopment Area: 7. Site Area: 8. Existing Use: 9. Environmental Status: PROJECT DESCRIPTION: Atascadero Enterprises, 2505 Theatre Dr. Ste. A 7095 EI Camino Real (APN 030-081-008, 030-081-021, and 030-081-013) (San Luis Obispo County) GC - General Commercial CR (Commercial Retail) Yes 36,100 SF total site (17,800 SF Lube and Go Site) Vacant site CUP is Consistent with previously Certified Mitigated Negative Declaration 2005-0002. LLA is Categorically Exempt CEQA Section 15305, Class 5: minor alteration in land use limitations The project is a request to: (1) Shift the location of the approved Lube `N' Go building toward the interior of the existing shopping center; (2) Adjust the parking, circulation, and landscaping; (3) Provide a location for a City identification monument sign, as analyzed below; and (4) Adjust lot lines to accommodate reconfiguration of the project site. Although not specifically a part of the proposed application, the project will provide a commercial lot with building pad, parking, and reciprocal access agreement for a future conceptual restaurant or commercial building, which would require a separate Conditional Use Permit (CUP) at time of application. ANALYSIS: — Project site as viewed from EI Camino Real ITEM NUMBER: 4 DATE: 1-16-07 The project site is located within the Von's/Rite Aid Shopping Center along EI Camino Real on a former service station property that has recently been demolished in preparation for new construction as depicted below. Site Plan The proposed site plan is similar to the original approved site plan with only minor differences depicted in the exhibits below. The proposed site plan features pavers at the driveway entrance and lobby patio areas, a large landscape area along EI Camino Real designed to accommodate a City identification monument sign, and parking and reciprocal access circulation between adjacent properties. The below exhibits identify the originally approved site plan and the proposed site plan. Approved 71 Proposed Amendment 1L)11 Proposed Amendment ITEM NUMBER: 4 DATE: 1-16-07 Landscape The proposed landscape plan is similar to the original approved project with minor differences to accommodate the revised building location as depicted in the exhibits above. In addition, the proposed landscape plan features a location for a City identification monument sign along EI Camino Real. Architecture The architectural design, materials and colors of the proposed building remains unchanged from what was originally approved by the Planning Commission. No changes are proposed to the floor plan, elevations, color or materials of the building. The approved elevations are shown below. •:tFiiiF:fetif:r:::c:zc: c5:.:.:• r r.. ^iiir ::: z: a ru.. s: " : � a3 •pis•" ..:. ... ...... :::::i:::::: ••• •••. . nan�n — IMM ■ ■ ...... ql■ 1...1■ �.. ... ■ ,� � C.. ITEM NUMBER: 4 DATE: 1-16-07 Parkina and Circulation The project site is accessible from EI Camino Real and from within the existing shopping center. Staff has identified three parking/circulation issues as follows and identified in the exhibit below: 1. The project will close an existing drive aisle access to the main shopping center driveway. The existing center median break and landscape planter should be infilled with a continuation of concrete curb and landscaping. The applicant is requesting this work be postponed until an agreement can be reached with Von's Corporation (CUP Condition 20 and 21). 2. The applicant has requested a minor modification of the area of diagonal parking along the shopping center main driveway. Concrete curbing and landscaping between proposed handicap parking/back-up area and adjacent diagonal parking along the shopping center main driveway would be required. If applicant proposes a future through access in this area, the improvements shall include replacement of diagonal parking spaces with concrete curb and landscaping (CUP Condition 20 and 21). 3. The applicant has requested an option to possibly change the on-site parking configuration that would allow 2 to 3 additional parking spaces and a landscape planter in lieu of the westerly 20 -foot wide driveway access as identified below (CUP Condition 21). Continue concrete / curb and landscape. t - ►1 ` Continue concrete curb and landscape. LOT x2 1 EPPNDY. IEI00 SF. 1 +NOiCT Option to add 2 to 3 — parking spaces and landscape planter. N SNOOVVIG CENTER �� FMIA�NCF EY.T wYVEMYv ITEM NUMBER: 4 DATE: 1-16-07 Lot Line Adiustment Consistent with the proposed Master Plan of Development, the applicant has applied for a lot line adjustment between three legal commercial lots to accommodate the proposed project. The original 0.41 acre Lube `N' Go parcel will gain 0.41 acres for a total of 0.82 acres. The area acquired is currently paved parking and landscaping that will be reconfigured per the proposed Master Plan of Development. The project includes a condition of approval requiring reciprocal access agreements or easements between adjacent property parking and circulation areas (LLA Condition 4). Ad Lot Line justment ' *00---q7 K 1 ; J,A\\\ Original Site �\ \� (, �� • �� ^I c+n„a � ...� �°' 1 °wa"mr wi - I L:: PARCEL 2 .....K ..o.c 1 �j yQyQG ho N41 PARCEl J Expanded Site _ Ad Lot Line justment ITEM NUMBER: 4 DATE: 1-16-07 There is no minimum lot size for commercial property in the Commercial Retail Zone, only building and zoning standards must be met. The State Subdivision Map Act (Section 66412(d) of the California Government Code) takes precedence over any local California jurisdiction's subdivision regulations, which states that Lot Line Adjustments may be reviewed for compliance with building and zoning codes only. If they meet those codes or can be conditioned to meet them (or come as close as possible to meeting them), then they must be approved. Therefore, any specific standards in the City's subdivision regulations that do not relate to building or zoning are not applicable. City Identification Monument Sign During the original project approval, the Planning Commission and applicant discussed the concept of providing on-site public benefit amenities due to the high visibility of the site along EI Camino Real and the U.S. Highway 101 northbound EI Camino Real/Highway 41 exit. The applicant has worked with staff in proposing a large landscape area along EI Camino Real with a location for a conceptual City identification monument sign. Although conceptual, this process has been expedited due to timing of the City Wayfinding Committee's completion of a draft City signage program. As a result, the applicant has been able to include a specific on-site location for a City monument sign. This would be accompanied by a general agreement to a partial financial contribution toward the const,---'-:-- -f the sign in lieu of construction a low masonry screen wall (as was required on the original project site approval). More specific details of this sign and formal City Council adoption of the overall Wayfinding Signage Program is expected to be presented to the City Council on January 23, 2007. CUP Conditions 17 and 18 have been included to allow the location and construction of this monument sign on the project site, in addition to easements to allow city maintenance of the City identification monument sign. ATASCADERO - .DOWNTOWN WELCOMES YOU zoo p PARK+ _ SdM maswsry conetrvrnnn wide precml Cnnercle nim and east bronze lighting. Graphics ass leidnyduaUy m+wmled 4imens k. F cin 1 t—. knna. d ual co 6z c¢el Mnnae seh oma cast coe�e fnmewoA. F-u•rnal ga�.iad� nw,nrod Hlununaian. ITEM NUMBER: 4 DATE: 1-16-07 General Plan Consistency A. Based upon prior Planning Commission approval of the project and staff analysis, staff believes the proposed amendments to the previously approved Lube `N' Go with car wash facility at the proposed location is consistent with the following General Plan Policies: • General Plan Policy 1.3: Enhance the rural character and appearance of the City, including commercial corridors, gateways and public facilities. • General Plan Policy 2.1: Ensure that new development is compatible with existing and surrounding neighborhoods. • General Plan Policy 3.1: Encourage retail businesses at efficient and attractive nodes along El Camino Real. • General Plan LOC 4: Provide for a strong and distinctive Downtown Area. • Policy 4.2: Enhance the appearance of the downtown area and improve pedestrian circulation. Findings Each of the five following findings must be made for project approval. As analyzed above, it is staff's opinion that the required findings can be made: 1. The proposed use is consistent with the General Plan. Staff Comment: The proposed use has been previously found to be consistent with the General Plan. The site is highly visible and provides a "first impression" to visitors and residents exiting northbound U.S. Highway 101. The General Plan refers to "Gateways", meaning areas requiring special design and emphasis on the positive qualities of the City of Atascadero. In this case, the site also offers a gateway importance to the City's downtown area. The proposed project amendment includes landscaping and placement of a city identification monument sign, offering residents and visitors a positive impression of the City and ultimately its downtown commercial area. The proposed project amendment has been enhanced to be further consistent with the gateway concept. 2. The proposed use satisfies all applicable provisions of the Zoning Ordinance. ITEM NUMBER: 4 DATE: 1-16-07 Staff Comment: The proposed project amendment has previously been found to be consistent with the zoning ordinance. The proposed amendment does not expand or modify the approved use. Future development of the vacant commercial pad will require a separate Conditional Use Permit and public hearing by the Planning Commission. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this 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 of injurious to the property or improvements in the vicinity and the use. Staff Comment: The proposed project amendment has previously been found to be consistent with the General Plan and zoning ordinance. The proposed amendment does not expand or modify the approved use. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed project amendment has previously been found to be consistent with the City's General Plan and downtown area planning. The proposed project amendment is consistent with General Plan Policies specifically related to gateway treatments and revitalization efforts within the Von's/Rite Aid Shopping Center, and within the adjacent downtown area. 5. The proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project amendment will not create and expansion in use. Any proposals for construction of the vacant commercial pad will require additional analysis through a Conditional Use Permit process. 6. The proposed lot line adjustment is consistent with the General Plan in order to promote orderly development, LLA conditions of approval must be completed prior to reconfiguration of the lot line adjustment. 7. Staff Comment: The proposed adjustment will allow implementation of the proposed CUP Amendment to the master plan of development, providing superior landscape and city gateway visual improvements. ITEM NUMBER: 4 DATE: 1-16-07 ENVIRONMENTAL DETERMINATION: The proposed CUP Amendment is consistent with Certified Mitigated Negative Declaration 2005-0002 which is included as Exhibit A for Planning Commission review. CONCLUSION: Staff has reviewed the revised plans and believes the proposed CUP Amendment enhances the site design features and gateway improvements. ALTERNATIVES: 1. The Planning Commission may approve the project with modified conditions. 2. The Planning Commission may request additional information and continue the public hearing. 3. The Planning Commission may deny the proposed project amendment. Denial would allow the originally approved project to proceed on the project site. PREPARED BY: Steve McHarris, Deputy Community Development Director ITEM NUMBER: 4 DATE: 1-16-07 ATTACHMENTS: Attachment 1: Location Map, General Plan and Zoning Attachment 2: Aerial Photo Attachment 3: Site Plan Comparison Attachment 4: Conceptual City Identification Monument Sign Attachment 5: Resolution PC 2006- 0110 (CUP Amendment) Attachment 6: Resolution PC 2006- 0001 (LLA Adjustment) \\Cityhall\cdvlpmnt\- CUP - 06 PLNs\PLN 2006-XXXX Lube n Go. Lube&Go\ CUP 2004-0144.PC-SR.smdl report.doc ITEM NUMBER: 4 DATE: 1-16-07 Attachment 1: Location Map, General Plan and Zoning Existing Designations: -General Plan: GC (General Commercial) -Zoning District: CR (Commercial Retail) Attachment 2: Aerial Photo ITEM NUMBER: 4 DATE: 1-16-07 J �_ \ / 1 yam,, �• p " ,4 Project Site ..`.: ITEM NUMBER DATE: 1-16-07 Attachment 3: Site Plan Comparison Attachment 4: Conceptual City Identification Monument Sign ITEM NUMBER: 4 DATE: 1-16-07 PERFE W',FT%',1}.FR O[ N 1=—EL City of Ataxadeto fr Wayfnding Sign j ✓ AtaK�iAtto.CA aAI `II".A[ S CA D E X20 „I DOWDOW NT o��e. YH r WELCOMES YOU Mat" —`r— Sad ttu atvy cm,trarnm rM pte<at C—...,ttt.aa int b— 6ghtog ... .. . c:nphws ax taN,dWllY moun4J d�memtaul.<au Enw<ktten Ciy r�ln Ee •"v, ATA-0MI :au Nona tet ixo nu <oenae fiamrwxl. F r nal gmanA�tnwnted illutnauion .K. •. `fir-1Highway 101 / 41 Interchange Monument Sign 3 \ _ I:a• . 1'0• ITEM NUMBER: 4 DATE: 1-16-07 Attachment:4: Draft Resolution PC 2007-0001 DRAFT RESOLUTION PC 2007-0001 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING CONDITIONAL USE PERMIT AMENDMENT 2004-0144 APN 030-081-0089 030-081-021, and 030-081-013 (7095 El Camino Real / Atascadero Enterprises) WHEREAS, an application has been received from Atascadero Enterprises (2505 Theatre Drive, Ste. A, Paso Robles, CA 93446), applicant Property Owner, to consider a Site Amendment to an approve Lube `N' Go with car wash facility at 7095 El Camino Real (APN 030-081-008, 030-081-021, and 030-081-013) and, WHEREAS, the site's General Plan Designation is GC (General Commercial); and, WHEREAS, the site's current zoning district is CR (Commercial Retail); and, WHEREAS, the proposed project amendment is consistent with previously certified Mitigated Negative Declaration 2005-0002, and the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit Amendment 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 Conditional Use Permit; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed public hearing held on January 16, 2007; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit Amendment. The Planning Commission finds as follows: 1. The proposed project amendment is consistent with the General Plan and the ITEM NUMBER: 4 DATE: 1-16-07 City's Appearance Review Manual; and, 2. The proposed project amendment satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project amendment will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development, including the 2000 Downtown Revitalization Plan and Downtown Revitalization Plan Vision and, 5. That the proposed project amendment 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 of Conditional Use Permit Amendment. The Planning Commission of the City of Atascadero in a regular session assembled on December 7, 2006 resolves to approve CUP Amendment 2004-0144 subject to the following: EXHIBIT A: Certified Mitigated Negative Declaration 2005-0002 EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program EXHIBIT C: Site Plan EXHIBIT D: Landscape Plan EXHIBIT E: Elevations and Floor Plans EXHIBIT F: Color and Material Board ITEM NUMBER: 4 DATE: 1-16-07 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 Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary T:\- CUP - Conditional Use Permits\CUP 04\CUP 2004-0144. Lube&Go\CUP 2004-0144.PC Final Resolution.doc ITEM NUMBER DATE: 1-16-07 Exhibit A Certified Mitigated Negative Declaration 2005-0002 See Following ITEM NUMBER DATE: 1-16-07 EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program Conditional Use Permit Amendment 2004-0144 / MND 2005-0002 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7095 EI Camino Real GP: Grading Permit FD: Fire Department CUP 2004-0144 and Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Planning Services 1. The approval of this conditional use permit amendment shall BP PS become final and effective following Planning Commission approval. 2. The Conditional Use Permit shall be valid only for the described FM PS 2,114 square foot 2 -bay lube and oil facility with car wash, as proposed with revised site plan and vacant commercial pad. Any change or expansion of this use shall require a new conditional use permit, subject to staff review and Planning Commission approval. In addition, the vacant commercial pad shall require a separate conditional use permit application. 3. Subsequent changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission, independent of Council action, unless otherwise appealed to the City Council. 4. The Community Development Department shall have the authority to BP/FM PS 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, unless otherwise appealed to the City Council. 5. All subsequent Maps and construction permits shall be consistent BP/FM PS with the Master Plan of Development contained herein. The proposed CUP Amendment does not include a subdivision map application to create any additional lots. Any future subdivision of the project site shall require a subdivision parcel map application. 6. All exterior elevations and finish materials shall be consistent with the BP PS Master Plan of Development as shown in EXHIBITS C through F. The original color and material board shall be revised to reflect deeper richer earth tone colors, subject to staff approval. 7. All site development shall be consistent with the maximum intensities BP/FM PS described in the statistical project summary as shown in EXHIBIT C. 8. All site work, grading, and site improvements shall be consistent with BP/FM PS the Master Plan of Development as shown in EXHIBIT C. ITEM NUMBER DATE: 1-16-07 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7095 EI Camino Real GP: Grading Permit FD: Fire Department CUP 2004-0144 and Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 9. A final landscape and irrigation plan shall be approved prior to the BP PS issuance of building permits and included as part of site improvement plan consistent with EXHIBITS C and D. All exterior meters, air conditioning units, and mechanical equipment shall be screened with landscape material. All landscape maintenance shall be the responsibility of the individual property owner. All proposed tree locations, species, and sizes shall be as identified in EXHIBITS C, as conditioned. Trees shall be double staked. Platainus Acerifolia trees shall be planted 25' on center along southerly property line, (replacing Ginko Biloba and Quercus Agrifolia). All proposed on site trees shall be minimum 15 -gallon sized with double stakes. Proposed plant materials (Pittosporum, Juniperus, and Phoromium) located in the planter area behind the proposed city identification monument sign shall be revised with plant materials selected to provide a backdrop to the sign, subject to staff approval. 10. The project landscape and screen walls shall be consistent with the BP PS proposed building materials, colors and finish, as conditioned and subject to staff approval. 11. Signage shall conform to EXHIBIT C and E and the monument sign BP PS to conform to the Atascadero Municipal Code and be constructed with a decorative base of materials, color and finish to match the proposed building, subject to staff approval. Common Lube in Go and restaurant sign shall be located per Exhibit C. 12. The existing non -conforming sign pole shall be removed. BP PS 13. All exterior material finishes (stone, siding, stucco facades, accent BP PS materials, lighting, garage doors) shall be durable, high quality, and consistent with the proposed architectural appearance. 14. The final architectural design shall be subject to staff approval unless BP, ongoing PS, CE staff believes the final design requires Planning Commission approval. 15. The automotive maintenance and car wash use shall expire after 15 BP PS, CE years from this CUP approval date. 16. Subject to staff approval: An option may be exercised to redesign the BP PS parking area located between the front landscape and the vacuum island to provide additional parking spaces and landscaping to ITEM NUMBER DATE: 1-16-07 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7095 EI Camino Real GP: Grading Permit FD: Fire Department CUP 2004-0144 and Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy accommodate future parking demand. 17. Applicant shall enter into a cost and construction sharing agreement BP PS with the city to provide a city identification monument sign in lieu of a 3 -foot high plaster finished, concrete block masonry screen wall 70 feet long. 18. Applicant shall provide a location, access, and maintenance BP PS easement to the city for construction/maintenance of the city identification monument sign, as identified on proposed project site plan (Exhibit C) 19. The applicant shall submit a Lot Line Adjustment application to the BP PS, CE city consistent with the amended site plan prior to issuance of building permit. 20. Applicant shall prepare parking area re -striping plan north of BP PS proposed project property line to accommodate a new access drive isle and revised parking spaces, subject to staff approval prior to building permit issuance. 21. Applicant shall prepare a driveway improvement plan for the BP PS. CE shopping center main entrance from EI Camino Real that specifically identifies : (1) Infill of the existing center median break with a continuation of concrete curb and center landscaping; (2) Infill of the existing driveway access to project site with concrete curb and landscaping; and (3) concrete curbing and any landscaping between proposed handi-cap parking/back-up area and adjacent diagonal parking along shopping center main driveway. If applicant proposes a through access in the area of item #3, the plan shall identify replacement of diagonal parking spaces with concrete curb and landscaping. This condition is subject to staff approval prior to building permit issuance. Building Services 22. A soils investigation prepared by a licensed Geotechnical BP BP, CE 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 incorporated into the project plans. Engineering Conditions: PROJECT SPECIFIC CONDITIONS Drainage And Traffic: ITEM NUMBER DATE: 1-16-07 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7095 EI Camino Real GP: Grading Permit FD: Fire Department CUP 2004-0144 and Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 23. The applicant shall submit a new site plan and drainage plan. The BP CE final site and drainage plans shall be approved by the City Engineer prior to approval. 24. All drainage shall be filtered prior to entering storm drainage system. Filtering system must remove all oil, other hydrocarbons, sediments, and floatables. System shall be approved by the City Engineer prior to construction. 25. The applicant shall clearly demonstrate how left turns onto EI Camino Real are going to be prevented. This includes an angled driveway, a 4' wide 2% slope flat pedestrian section behind the ramp (see following paragraph), a "pork chop" at the street curb edge, painted arrows showing right turn only, and a sign near the driveway showing right turn only. The final driveway design shall be approved by the City Engineer prior to construction. 26. The applicant shall install a new driveway entrance with a minimum of 4 feet of 2% cross slope across the back (flat portion in the back, ramp in front). Use Caltrans Standard Drawing A87A. The final driveway design shall be approved by the City Engineer prior to construction. 27. Public Works will accept a right -out -only driveway for the other existing northern driveway in the event that a fast food drive restaurant is approved by the City with a future Conditional Use Permit application. This approval is only for a fast food type restaurant. Other proposed uses may require driveway closure. A right -out -only driveway will be designed to prevent left turns. Additional requirements may be required when plans are submitted for approval. The final driveway design shall be approved by the City Engineer prior to construction. SANITARY SEWER CONDITIONS 28. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. STANDARD CONDITIONS 29. All public improvements shall be constructed in conformance with BP CE the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Atascadero Mutual Water Company ITEM NUMBER DATE: 1-16-07 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7095 EI Camino Real GP: Grading Permit FD: Fire Department CUP 2004-0144 and Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 30. Before the start of construction on the water system BP BS improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter onto a "deferred connection" agreement. 31. Before issuance of building permits, the applicant shall obtain a BP BS "Will Serve" letter from AMWC for the newly created lots within the subdivision. 32. The applicant is responsible for the design and construction of BP BS water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. Mitigation Measures Mitigation Measure 1.c.1: The following landscape mitigations shall apply: BP BS, PS, CE 1.c.1 ■ The proposed landscape planter along EI Camino Real shall be expanded and enhanced with landscape screening. Proposed screen walls shall be complimentary in color and material to the proposed architectural theme. ■ The project landscaping shall include three street trees along EI Camino Real placed a minimum of 30 feet on center or at locations complimentary to the architectural design of the proposed buildings, subject to staff approval. ■ All proposed parking area trees shall be shade trees of 15 -gallon size and shall be double staked. Mitigation Measure 1.c.2: The proposed buildings shall include the use of BP BS, PS, CE 1.c.2 paint and roof colors consistent with the architectural style and design. Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it shall BP BS, PS, CE 1.d.1 be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type with design compatible with the planned downtown gateway designation, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with BP, GP BS, PS, CE 3.b.1 all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ITEM NUMBER DATE: 1-16-07 Conditions of Approval / Mitigation Monitoring Program 7095 EI Camino Real CUP 2004-0144 and Master Plan of Development Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates beyond one month after initial grading should be sown with a fast - germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be ITEM NUMBER DATE: 1-16-07 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7095 EI Camino Real GP: Grading Permit FD: Fire Department CUP 2004-0144 and Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney FO: Final Occupancy covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash -off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 6.b.1: The grading permit application plans shall BP PS, BS, CE 6.b.1 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.c.1: A soils report shall be required to be submitted BP PS, BS, CE 6.c.1 with a future building permit by the building department. Mitigation Measure 7.d.1: Per the applicant's Phase II Report (RWQCB BP PS, BS, CE 7.d.1 Case No, 537, the applicant shall notify the Regional Water Quality Control Board and San Luis Obispo County Division of Environmental Health Prior to site grading, excavation, de -watering, or installation of water wells. The notification shall include a statement that residual contamination exists on the property and list all mitigation actions to ensure compliance with site management requirements. In addition, any contaminated soil or groundwater removed from the site shall be handled and disposed of appropriately and under the direction of appropriate regulatory agency. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that GP PS, BS, CE 8.0.1 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.c.1: The project shall reduce typical noises BP, GP PS, BS, CE 11.c.1 associated with the facility through the use of low -noise equipment, especially associated with hydraulic equipment, washers, and air cannon dryers. Mitigation Measure 11.d.1: All construction activities shall comply with the GP PS, BS, CE 11.d.1 City of Atascadero Noise Ordinance for hours of operation. ITEM NUMBER DATE: 1-16-07 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7095 EI Camino Real GP: Grading Permit FD: Fire Department CUP 2004-0144 and Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Mitigation Measure 15.d.1: The project shall include a traffic study to BP, GP PS, BS, CE 15.d.1 identify project ingress and egress effects in relation to Cal Trans improvements along EI Camino Real as well as existing and proposed U.S. Highway 101 northbound on and off ramps across from the project site. The study shall include consultation with Cal Trans and the City Engineer and also include recommendations designed to reduce potential significant impacts to a level of insignificance. Mitigation Measure 15.d.2: The project shall not utilize the northerly BP, GP PS, BS, CE 15.d.2 driveway for site access. This area of the project site shall be designed to include an expanded landscape planter with no through vehicle access to the site. EXHIBIT C: Site Plan (CUP 2004-0144) ITEM NUMBER: 4 DATE: 1-16-07 11■ EXHIBIT D: Landscape Plan (CUP 2004-0144) Z 0 U D ITEM NUMBER: 4 DATE: 1-16 wri g9�9 A - 4 _ na A OUICK LUBE AND CAR WASH FACILITY.a;. TO BE LOCATED ECAMINO REAL m IN ATASCADERO. CA. D PREPARED FOR LUBE 'N GO-SIMCAT ENT. _185 PENDLETON LN. TEMPLETON CA.en, ITEM NUMBER: 4 DATE: 1-16-07 EXHIBIT E: Elevations and Floor Plans (CUP 2004-0144) � t 7 t � , MyM bl,L�rb@�Shcy' Roo...r dQUICK wDAmd_C-*B14'_A81+ ��•�" !IY "`�°` _ wOB ERT F�9�E RF7 Te be loco'tC aEI Comoro Qaol 9 9 HTIJC/�D[RO [NTlRORIBL9, LLC be ��'� ITEM NUMBER: DATE: 1-16-07 EXHIBIT E: North & West Elevations (CUP 2004-0144) ly i E f e'�� \ ®; {$I'7: •, \6666 �r - r - - i •:' S ap <8> o in • FM .l j I I t r yoar'+ c•d WSOT �* o�icw-;.Lel a�a.feR�Y�i+ �r•c�u�Y i I F •'�V+.TQfyQ2 I FAfwcoWro calf a � ROBERT SF ISHEpR. nOBEriirFcs risen �� ATAlCAD�YO tNT�RPWN1, I.LC w ieoivv ITEM NUMBER: 4 DATE: 1-16-07 EXHIBIT F: Materials & Colors (CUP 2004-0144) COLOR SAMPLE AND MATERIAL BOARD FOR LUBE N GO ATASCADERO ENTERPRISES L.L.C. 7095 EL CAMINO REAL ATASCADERO, CA. Torloise Shell FASCIA OVER CARWASH AREA WALL COLOR AT CARWASH EXPOSED BEAMS AND AWNING SPEARS it i CANVAS AWNING COLOR Old Sedona Blend 2 PIECE CLAY ROOF TILES 5615N FASCIA OVER LUBE BAY AREA WALL COLOR AT LUBE BAY AREA 522' Mudoie FASCIA OVER OFFICE AREA WOOD PATIO TRELLIS COLOR 5215A Roasted ChestriO ARCHED / COVERED AREA AT OFFICE FRONT / BACK MOMA Apache CONCRETE WAINSCOTE COLOR WALL COLOR AT OFFICE AREA ARCHED I COVERED AREA AT CARWA' ITEM NUMBER: 4 DATE: 1-16-07 Attachment:6: Draft Resolution PC 2007-0002 DRAFT RESOLUTION PC 2007-0002 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING LOT LINE ADJUSTMENT 2007-0081 APN 030-081-0089 030-081-021, and 030-081-013 (7095 El Camino Real / Atascadero Enterprises) WHEREAS, an application has been received from Atascadero Enterprises (2502 Theatre Drive, Paso Robles, CA 93446), Applicant and Atascadero Enterprises (2505 Theatre Drive Ste. A, Paso Robles, CA 93446), Jerry Taft (7101 El Camino Real, Atascadero, CA 93422), Alexander Cozzolino (143 Kelly Ave., Half Moon Bay, CA 94019) Property Owners, to consider a site amendment to an approved Lube `N' Go with car wash facility at 7095 El Camino Real (APN 030-081-008, 030-081-021, and 030-081-013) and, WHEREAS, the site's General Plan Designation is GC (General Commercial); and, WHEREAS, the site's current zoning district is CR (Commercial Retail); and, WHEREAS, the proposed Lot Line Adjustment is categorically exempt CEQA Section 15305, Class 5: minor alteration in land use limitations; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Lot Line Adjustment 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 Lot Line Adjustment; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed public hearing held on January 16, 2007; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, takes the following actions: SECTION 1. Findings for Approval of Lot Line Adiustment. The Planning Commission finds as follows: 1. The proposed project amendment is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project satisfies all applicable provisions of the Title (Zoning Ordinance); and, ITEM NUMBER: 4 DATE: 1-16-07 The Lot Line Adjustment 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. The proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development, including the 2000 Downtown Revitalization Plan and Downtown Revitalization Plan Vision and, 5. The Lot Line Adjustment, as submitted, conforms to all applicable building and zoning regulations of the City of Atascadero and is consistent with the City's General Plan. 6. It is necessary to complete the Lot Line Adjustment by recording a Parcel Map in lieu of certificates of compliance due to the complexity of the shared access easements with surrounding parcels. 7. It is necessary to complete all conditions of approval for the Lot Line Adjustment prior to recording a parcel map to insure the orderly development and access to easements of the surrounding neighborhood. SECTION 2. Approval of Lot Line Adjustment. The Planning Commission of the City of Atascadero in a regular session assembled on January 16, 2007 resolves to approve Lot Line Adjustment 2007-0181 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Preliminary Lot Line Adjustment Exhibit ITEM NUMBER: 4 DATE: 1-16-07 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 Joan O'Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 4 DATE: 1-16-07 EXHIBIT A: Conditions of Approval (Lot Line Adjustment) 1. The Lot Line Adjustment as -generally shown on Attachment A, provided herein shall be submitted as a parcel map to be approved by the Community Development Department and City Engineer prior to recordation. 2. Approval of this Lot Line Adjustment shall expire two years from the date of approval (date of this correspondence) unless a time extension has been granted in response to a written request received prior to the expiration date. 3. The applicant shall show the ATAL number issued by the County of San Luis Obispo, plat all plottable easements with recording information, list all unplottable easements, and show the legal description for the properties being adjusted. 4. The applicant shall submit reciprocal access easement documents for surrounding property owners, to be reviewed and approved by the Community Development and Public Works Departments and to record concurrently with the parcel map. 5. A mylar copy of the parcel map shall be submitted to the Community Development and Public Works Departments for approval prior to recordation. 6. All necessary transfers of title shall be recorded with the final map to reflect the true ownership of the resulting lots of the Lot Line Adjustment. 7. Prior to recordation of the parcel map to final a Lot Line adjustment, the applicant shall submit a Tax Bond certificate, obtained from the San Luis Obispo County Tax Assessor's Office, showing that there are no liens against the property for unpaid state, county, municipal or local taxes or special assessments, except taxes or special assessments not yet payable. ITEM NUMBER: 4 DATE: 1-16-07 EXHIBIT B: Preliminary Lot Line Adjustment Exhibit Ami_--------------� �\}•� earl 6 r ..:� : ,,. o„ A e fd � e :•P "3 3z E72Q �9e d all 1121 Z i� 5g1 3 Ami_--------------� �\}•� earl 6 r ..:� : ,,. o„ A e fd lV38 ONIWVO 13 III IIcwl lla°pFL it n®............. lV38 ONIWVO 13