HomeMy WebLinkAboutPC_2007-03-19_AgendaPacketCITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Monday, March 19, 2007 — 7:00 P.M.
City Hall
Council Chambers
6907 El Camino Real
Atascadero, California
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson O'Keefe
Vice Chairperson Fonzi
Commissioner Jack
Commissioner O'Grady
Commissioner Slane
Commissioner Marks
Commissioner Heatherington
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
CONSENT CALENDAR
Regular Meeting March 19, 2007
Page 2 of 4
(All items on the consent calendar are considered to be routine and non -controversial by City Staff and will
be approved by one motion if no member of the Commission or public wishes to comment or ask questions)
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON MARCH 6, 2007.
COMMUNITY DEVELOPMENT STAFF REPORTS
PUBLIC HEARINGS
(For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public
hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide
testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the
Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission
will discuss the item and take appropriate action(s).)
2. CONDITIONAL USE PERMIT 2006-0196/PLN 2006-1151, 8905 MONTECITO
Applicant:
Tastee Freez, John Sidders, 1209 Hanover Place, San Luis Obispo, CA 93401
Owner:
Morro Road Homes, LLC, Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422
Project Title:
Conditional Use Permit 2006- 0196 / PLN 2006-1151
Project
8905 Montecito Road, Atascadero, CA 93422
Location:
APN 056-071-010
Project
The proposed project consists of an application for a Conditional Use Permit for a drive-through
Description:
restaurant located on 0.52 acres within the Commercial Tourist Zone. The site was recently approved
for a three lot split with a similar site plan proposed for a commercial center with shared parking and
shared storm water detention facilities (PLN 2006-1121.) The only addition since the map approval
is the addition of the drive thru. The project takes access off Montecito Avenue. The proposal
includes a main dining building and a drive-through facility along the East Front Road. The site is
currently vacant.
General Plan Designation: General Commercial (GC)
Zoning District: Commercial Tourist (CT)
Proposed
Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The
Environmental
proposed Mitigated Negative Declaration is available for public review at 6907 El Camino Real,
Determination:
Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday.
City of Atascadero Planning Commission Agenda
3. THIS ITEM HAS BEEN CONTINUED UNTIL APRIL 3, 2007
Regular Meeting March 19, 2007
Page 3 of 4
PRECISE PLAN 2005-0172, TREE REMOVAL PERMIT 2006-0094 FOR 5105 &
5305 CHAUPLIN LANE
Applicant:
Don Messer, P O Box 1958, Atascadero, CA 93423
Owners:
Burt Polin, 147 Los Cerros Drive, SLO, CA 93405
Michael Finch, 6445 N. Palm Ave. #101, Fresno, CA 93704
Project Title:
Precise Plan 2005-0172, 2 Single -Family Residences on slopes greater than 10%
Tree Removal Permit 2006-0094
Project
5105 & 5305 Chauplin Lane, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 030-311-005, 030-311-002
Project
The project consists of an application to construct 2 single-family houses on 2 existing lots of record.
Description:
Both of the residences each total 1,928 sq. ft. with a 744 sq. ft. garage and a 120 sq. ft. deck. The
proposed project will require approx. 1,300 cubic yards of cut and approximately 700 cubic yards of
fill on moderate to steep slopes and will incorporate retaining walls. Approximately 62 native trees
are proposed for removal and the residences will gain access through a shared driveway from
Chauplin Lane.
This is a revised proposed Mitigated Negative Declaration and replaces the document
previously posed on June 5, 2006.
General Plan Designation: SFR -Z
Zoning District: RSF-Z
Proposed
Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The
Environmental
proposed Mitigated Negative Declaration is available for public review at 6907 El Camino Real,
Determination:
Community Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday.
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR'S REPORT
ADJOURNMENT
The next regular meeting of the Planning Commission will be on April 3, 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 March 19, 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: 3-19-07
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting
Tuesday, March 6, 2007 — 7:00 P.M.
Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Vice Chairperson
Fonzi led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Heatherington, Jack, Marks, O'Grady, Fonzi, and
Chairperson O'Keefe
Absent: Commissioner Slane (excused absence)
Others Present: Recording Secretary Grace Pucci
Staff Present: Community Development Director Warren Frace, Public Works
Director Steve Kahn, Deputy Community Development Director
Steve McHarris and Assistant Planner Callie Taylor.
PLANNING COMMISSION BUSINESS
APPROVAL OF AGENDA
MOTION: By Commissioner Jack and seconded by Vice Chairperson
Fonzi to approve the agenda.
Motion passed 6:0 by a roll -call vote.
PC Draft Minutes 03/06/07
Page 1 of 8
DISCLOSURE OF EX PARTE COMMUNICATIONS:
■ Commissioner Heatherington: Prior to the meeting she spoke with Monica (no last
name given) but did not discuss any project.
■ Commissioner Jack: Visited the Coromar Avenue property, met with Mike Healy,
applicant's brother, and toured the property.
■ Vice Chairperson Fonzi: Received two emails one from Graham and one from Vile
but did not respond to either, and spoke with David Lowe.
■ Commissioner Marks: Spoke to several members of the public while viewing the
Santa Ysabel property.
PUBLIC COMMENT
Eric Greening thanked staff for organizing the site tour of Rancho de Paraiso, and
spoke about the City Council's recent Strategic Planning Session. He suggested any
Planning Commission agenda items that were not discussed at the session, and are of
importance to the Commission, be taken up at the next joint meeting with the Council.
Sorrel Marks played a recording, which she had made in her garden, of the noise made
by motorcyclists on an adjoining property and asked for reconsideration of the issue of
motorcycle tracks and excessive noise.
Chairperson O'Keefe closed the Public Comment period.
MOTION: By Commissioner O'Grady and seconded by Commissioner
Heatherington to agendize a discussion on all issues related to
motorcycle riding within the city including reconsideration of
the ordinance.
Motion passed 6:0 by a roll -call vote.
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON FEBRUARY 6, 2007.
2. APPROVAL OF MINUTES OF THE SPECIAL JOINT MEETING OF THE CITY
COUNCIL AND PLANNING COMMISSION RANCHO DE PARAISO SITE
TOUR ON FEBRUARY 8, 2007.
3. APPROVAL OF MINUTES OF THE SPECIAL JOINT MEETING OF THE CITY
COUNCIL AND PLANNING COMMISSION ON FEBRUARY 20, 2007.
4. APPROVAL OF TIME EXTENSION ON TENTATIVE TRACT MAP 2001-0011,
TRACT 2445, 6340 ALCANTARA AVE., (LORAINE RUSSELL)
PC Draft Minutes 03/06/07
Page 2 of 8
5. APPROVAL OF TIME EXTENSION ON TENTATIVE TRACT MAP 2003-0039,
TTM, 2004-0064,2555,2605,2705 EL CAMINO REAL (PETER LAUGHLIN)
6. APPROVAL OF TIME EXTENSION ON TENTATIVE TRACT MAP 2004-0048,
5310 CARRIZO ROAD, (FRED MACHADO)
7. APPROVAL OF TIME EXTENSION ON TENTATIVE PARCEL MAP 2002-0028,
9230 VISTA BONITA (MICHAEL FREDERICK)
8. APPROVAL OF FINAL MAP 2005-0116, 7392 SANTA YSABEL AVE.,
(PATRICK KENNEDY)
9. APPROVAL OF FINAL MAP 2006-0146, 6004 SAN PALO ROAD
(SCHNEIDER)
Items pulled: Chairperson O'Keefe, Item #7.
MOTION: By Vice Chairperson Fonzi and seconded by Commissioner
Jack to approve Items #1, 2, 3, 4, 5, 6, 8, and 9.
Motion passed 6:0 by a roll -call vote.
Item #7:
Chairperson O'Keefe expressed her concerns regarding Parcel No. 1 and an earlier
Planning Commission decision which had allowed it to be developed as a residential
parcel, although the environmental impacts had never been looked at on this highly
visible site. She stated that the City Attorney had recommended that this item be
continued while staff looks into the best way to approach this issue.
Community Development Director Warren Frace reviewed the options available to the
Commission for this item and suggested continuing it and providing direction to staff and
the applicant in terms of their concerns.
Chairperson O'Keefe commented that if this is continued, provision should be made to
access to the site. Director Frace indicated staff could make arrangements for
Commissioners to tour the site.
Commissioner O'Grady stated he was concerned with another extension given the
visibility of this site.
Vice Chairperson Fonzi expressed concern with the suitability of the site for residential
development, accessibility for the Fire Department, and the suitability for sewer and
water service. She would also like information on the background of the road.
PUBLIC COMMENT
PC Draft Minutes 03/06/07
Page 3 of 8
Michael Frederick, owner, explained that he is requesting the time extension to address
the gradient of the road and landscaping. He spoke about the problems he has had at
the site, and requested that landscaping be done with the building permit.
Chairperson O'Keefe closed the Public Comment period.
MOTION: By Commissioner O'Grady and seconded by Commissioner
Heatherington to continue this item to a date certain of April 3,
2007, with the request for additional information.
Motion passed 6:0 by a roll -call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
PUBLIC HEARINGS
10. SANTA YSABEL PLANNED DEVELOPMENT PD 25, ZCH-2005-0110, TTM -
2005 -0081, CUP -2005-0174
Owners:
Paritosh Patel, 930 Wigeon Way, Arroyo Grande CA 93420 &
Niral Patel, 175 S. Mesa Road, Nipomo CA 93444
Project Title:
PLN -2099-0792, Zone Change 2005-0110, CUP 2005-0174, TTM 2005-0081, PD -25
Project Location:
7298 & 7312 Santa Ysabel Avenue, Atascadero, CA 93422
(San Luis Obispo County) APN 030-121-003 & 004
Project
An application for a Zone Change, Conditional Use Permit, and Tentative Tract Map for
Description:
the construction of 12 new single-family attached homes on individual lots that will be
developed under the requirements of Planned Development 25 overlay district within the
RMF -16 Zoning District. Proposed homes range in size from 1512 to 1602 square feet of
living space plus one or two -car garages. The project includes attached units with one
home per lot. Additional parking is included in each driveway and four guest spaces are
also provided on site. There are no native trees on site. The project includes a parking
court which will take access off of Santa Ysabel Ave.
General Plan Designation: High Density Residential (HDR)
Zoning District: Residential Multi -Family -16 (RMF -16)
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
Determination:
at 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00
p.m., Monday through Friday.
Assistant Planner Callie Taylor and Deputy Community Development Director Steve
McHarris gave the staff report and answered questions of the Commission.
PUBLIC COMMENT
Gilbert Rodriguez, project designer, spoke about the project and answered questions of
the Commission. Mr. Rodriguez stated the applicant is open to working with staff on any
additional conditions.
PC Draft Minutes 03/06/07
Page 4 of 8
Brian McMillian, applicant's Civil Engineer, spoke to the issue of utilizing parking spaces
on the street, and explained that pushing the sidewalk back will create a waterfall effect,
pushing everything else back.
Eric Greening asked if the back of the site could accommodate a pedestrian gate that
could allow passage through to public transit and retail.
David Lowe stated he owns the apartment complex across the street from this project.
He expressed concern that there is not enough parking on the site and this will impact
parking along his side of Santa Ysabel. He strongly urged the Commission to change
the parking for the project and allow for street parking.
Russ Stewart stated he lives across the street from the project and is very concerned
about the lack of parking.
Chairperson O'Keefe closed the Public Comment period.
There was Commission discussion regarding the following concerns:
■ On site trash disposal and pickup
■ Parking on site
■ Parking on Santa Ysabel
■ Project setbacks
Chairperson O'Keefe reminded the Commission that the applicant has created less
density then they could have, and more parking than is necessary. She commented
that it was not right at this point to ask for a total engineering redesign on this project.
She is satisfied with the parking and stated that the applicant has met his responsibility.
MOTION By Commissioner Marks and seconded by Vice Chairperson
Fonzi to continue this item to a date uncertain to allow staff
and the applicant to work on parking, trash disposal and pick
up, the grading change and its effect on porches and
landscape, and to explore the concept of pedestrian access to
the shopping center at the back of the project.
Motion passed 6:0 by a roll -call vote.
Chairperson O'Keefe recessed the hearing at 8:57 p.m.
Chairperson O'Keefe called the meeting back to order at 9:04 p.m.
PC Draft Minutes 03/06/07
Page 5 of 8
11. TENTATIVE PARCEL MAP 2005-0073, 8200 COROMAR AVE.
Owner:
Kevin Healey, PO Box 282, Templeton CA 93465, Phone: 460-0350
Project Title:
TPM 2005-0073: PLN 2099-0207; minor subdivision on >10% slopes.
Project Location:
8200 Coromar Avenue, Atascadero, CA 93422
(San Luis Obispo County) APN 056-091-047
Project
The project consists of an application to subdivide an existing 1.51 (net and gross) acre
Description:
lot into two (2) lots. Parcel 1 is proposed as a flag lot consisting of 0.79 net (0.88 gross)
acres and Parcel 2 is proposed at 0.63 (net and gross) acres. The site contains several
native oak trees and is currently vacant. Proposed Parcel 1 contains a 14.3% average
slope; Proposed Parcel 2 contains average slope of 17.2%. Building envelopes are
included on both proposed parcels. An access road and development of the two single
family residences will result in the removal of 17 Live Oaks, 7 Blue Oaks, 1 Valley oak,
and 1 Tyrone ranging in size from 2 -inches to 21 -inches. An additional thirty one (31)
native trees will be impacted during construction (approximate). Parcel 2 will have
access to Coromar Avenue by an access easement located on the flag portion of Parcel
1. The subject site is within a sewer service area.
General Plan Designation: SFR -X
Zoning District: RSF-X
Proposed
Based on the initial study prepared for the project, a Mitigated Negative Declaration is
Environmental
proposed. The certified Mitigated Negative Declaration is available for public review at
Determination:
6907 EI Camino Real, Community Development Department from 8:00 a.m. to 5:00 p.m.,
Monday through Friday.
Assistant Planner Callie Taylor gave the staff report and answered questions of the
Commission.
Ex -Parte Communication
■ Chairperson O'Keefe stated she spoke to the arborist regarding this project.
PUBLIC COMMENT
Kevin Healey, applicant, answered questions of the Commission.
Sandra Rackstraw, neighbor to the project, commented that this site is a wildlife area
with a protected habitat and she does not want to see any development on the lot
whatsoever.
Eric Greening stated he was concerned with trying to mitigate blue and valley oaks on
site because there is not enough light. He would prefer to see some of the mitigation
moved off-site rather than paying mitigation or planting on site.
Steven Alvarez, project arborist, addressed questions raised by the Commission.
Chairperson O'Keefe closed the Public Comment period.
PC Draft Minutes 03/06/07
Page 6 of 8
Commissioner O'Grady stated he was concerned with the amount of tree removals and
would like to minimize the impacts to trees from the driveway by working with the
property next door at 8100 Coromar.
MOTION: By Commissioner Heatherington and seconded by
Chairperson O'Keefe to adopt Resolution PC 2007-0010
certifying the proposed Mitigated Negative Declaration 2006-
0040 and approving Tentative Parcel Map 2005-0073, a request
to subdivide one lot totaling 1.51 acres (net and gross) into
two (2) parcels containing 0.79 net (0.88 gross) acres and 0.63
(net and gross) acres each, and approving 233 inches of tree
removals, based on findings and subject to conditions, and
that the condition for replanting be removed and that the
appropriate funds be put into the tree fund.
Motion passed 5:1 by a roll -call vote. (O'Grady opposed)
COMMISSIONER COMMENTS AND REPORTS
Vice Chairperson Fonzi stated she would like to see a future agenda item that would
address driveway widths and the possibility of variances for sensitive locations.
Director Frace stated that those standards are dictated by the Uniform Fire Code and
the Fire Chief is steadfast against deviating from them.
There was further Commission discussion and Director Frace stated he would pass on
the Commissions' comments and concerns to the Fire Chief and ask him what sort of
information would be useful to the Commission.
Commissioner Heatherington asked how staff is addressing the Cool Cities Agreement
and smart growth issues in their planning.
Director Frace explained that many of those issues are state law, and that staff has not
developed any new policies beyond what existing state and local standards dictate.
Vice Chairperson Fonzi asked about recycling materials from demolished houses.
Director Frace stated the Council adopted an Ordinance last year requiring mandatory
recycling of construction debris.
DIRECTOR'S REPORT
Community Development Director Frace reported on the League Planning
Commissioner Training Conference on March 21St and announced that the next
Commission meeting will be moved to Monday, March 19th because of that meeting.
PC Draft Minutes 03/06/07
Page 7 of 8
Other items discussed included: the City Attorney is looking at April 25th to do Brown
Act Training for the Commission, the Oak Seedlings brochure has been updated and is
being sent out, the agenda for the next Commission meeting was reviewed, and an
update was given on the Printery Building. Director Frace announced that the Public
Works Department will be conducting a downtown walking tour on Thursday, at 3:30 to
discuss streetscapes in the downtown. The Commission, Council and public are invited
to attend.
ADJOURNMENT
Chairperson O'Keefe adjourned the meeting at 10:17 p.m. to the next regularly
scheduled meeting of the Planning Commission on Monday, March 19, 2007.
MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
\\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 07\PC Draft Minutes 03-06-07.gp.doc
PC Draft Minutes 03/06/07
Page 8 of 8
ITEM NUMBER: 2
DATE: 3-19-07
Atascadero Planning Commission
Staff Report - Community Development Department
8905 Montecito Road
Master Plan of Development
(CUP 2006-0196 / PLN 2006-1151)
(Tastee Freeze)
SUBJECT:
The proposed project consists of an application for a Conditional Use Permit to
establish a Tastee Freez / Wienerschnitzel Drive-Thru Restaurant at 8905 Montecito
Road. The project site improvements include parking, site landscaping, and frontage
improvements. The site is currently vacant.
RECOMMENDATION:
Staff recommends Planning Commission continue the item, referring the applicant to
work with staff on improvements to the architectural design, colors and materials.
If the Planning Commission chooses to take action on the project at this time, the
following two draft resolutions are available for approval or denial of the proposed
project:
PC Resolution 2007-0018, certifying Proposed Mitigated Negative Declaration 2007-
0001 and approving the Master Plan of Development (CUP 2006-0196) based on
findings and subject to Conditions of Approval and Mitigation Monitoring.
Or
PC Resolution 2007-0018, denying the Master Plan of Development (CUP 2006-0196.)
SITUATION AND FACTS:
1. Owner: Morro Road Homes, LLC, Kelly Gearhart,
6205 Alcantara Ave. Atascadero, CA 93422
2. Applicant / Representative: Tastee Freez, John Sidders, 1209 Hanover Place, San
Luis Obispo, CA 93401
3. Project Address: 8905 Montecito Road, Atascadero, CA 93422
APN 056-071-010
4. General Plan Designation: General Commercial (GC)
5. Zoning District:
6. Site Area:
7. Existing Use:
8. Environmental Status
DISCUSSION:
Project Definition
Commercial Tourist (CT)
0.52 acre
Vacant site
Proposed Mitigated Negative Declaration 2007-0001
The proposed project consists of a request to establish a Tastee Freez Drive-Thru
Restaurant. The proposed project is located on a vacant pad within a new commercial
center between EI Camino Real and East Front Road which is adjacent to U.S. Highway
101 and the northbound Santa Rosa freeway on ramp. The Master Plan of
Development includes a main dining building and a drive-thru facility along the
Montecito and East Front Street frontages.
Background
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3urroundina Land Use and Settina:
Borth: Commercial Tourist
South: Commercial Tourist
=ast: Commercial Tourist
Nest: Highway 101
Project Site:
8905 Montecito
The project site is within the General Commercial General Plan Land Use Designation
and is zoned Commercial Tourist, which allows establishment of a Drive-Thru
Restaurant only with the approval of a Conditional Use Permit.
In August 2006, a Tentative Parcel Map (PLN 2006-1121/TPM 2006-0085, Morro Road
Homes, LLC) was approved for the site that included the subject parcel. This lot split
also included a shared parking and access easement across the two adjacent parcels,
providing shared driveway, drainage, and utility access to EI Camino Real. The exhibit
below identifies Parcel 1 (currently developed), Parcel 2 (currently vacant), and the
Parcel 3 (proposed Tastee Freez Drive Thru). There is one native oak tree on Parcel 2
that is proposed to remain, and will not be impacted by the development of the
proposed drive thru restaurant on Parcel 3.
Parking lot
connects through
commercial center
& back to EI
Camino Real
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previously _I_ =L_ F R1D" T i R D .1 I 1 1 `I `�
�I proposed with
developed
CUP for drive
thru restaurant
TPM 2006-0085, approved August, 2006
Appearance Review
Site Design
The site plan has been designed to meet the requirements of the above-mentioned
parcel map conditions, and the Atascadero Municipal Code. The restaurant building is
oriented towards the Montecito Street frontage and the parking lot, with the drive thru
facing East Front Road. East Front Road meets Montecito Avenue at the south west
corner, and then slopes uphill to the Highway 101 on-ramp. The slope acts as a visual
buffer between the drive thru lane and the travel lane on East Front, eliminating any
interference between headlights at the drive thru and on coming traffic.
A pedestrian sidewalk is included on the site plan which wraps behind the drive through
at the bottom of the slope and connects with the adjacent commercial parcels. The
proposed parking lot is located off Montecito Avenue and connects with the parking
areas for the rest of the center. The site plan includes 23 on-site parking spaces. The
Zoning Ordinance requires 28 parking spaces to serve the number of proposed floor
plan and employee parking spaces. The shared parking and access easement which
recorded with the previous Parcel Map may substitute for the additional five parking
spaced that are not provided on the applicant's parcel.
Full frontage improvements were conditioned as a part of the previous lot split done on
the site. The applicant will be required to comply with all of the conditions of TPM 2006-
0085 for these improvements (CUP Condition 11.) The site plan currently proposed is
consistent with the approved Tentative Parcel Map with exception of the drive thru.
Although the owner has begun the site improvements for TPM 2006-0085, approval of
the proposed project would require modifications to those improvements.
Improvements are anticipated for the Santa Rosa/East Front/ Highway 101 interchange,
including a new traffic signal at this location. As a new commercial business benefiting
from the improved access at this freeway intersection, the applicant will be required to
pay a fair share portion of the costs to improve this intersection (CUP Condition 28,
Mitigation Measure 15.a.b.1.)
View of future site entrance off Montecito Ave.
VL-.... ., t.r. -- . ..... .
View of corner of Montecito Ave. and East Front above
Architecture. Materials. Color
The applicant has proposed a franchise Tastee Freez prototype building. The proposed
building is dominated by two prominent tower elements which can be seen on three of
the facades. The tower elements are proposed with bold blue and yellow color
blocking, and red awnings, consistent with the franchise prototype. The applicant has
included a color and materials board which further defines the selected architectural
style. Refer to Exhibit H for details. A full size color board is available on file with the
Community Development department for review. The proposed building elevations are
shown below.
W
N
r
M
FRONT ELEVATION
Front Elevation Facing Montecito Avenue
Parking Lot Entrance Elevation
Staff recommends that the exterior design appearance be further modified the
Mediterranean style that would compliment the architecture in the rest of the
commercial center. Features that could enhance the basic building would include:
• Structural wood shade awnings with Spanish tile roofing over each window;
• Recessing the windows and entry doors so that they are not flush with the
stucco walls;
• Tower elements be extended a minimum of 18 inches away from the building;
• Tower roofs feature extended open eves (exposed rafters);
• Masonry stone veneer material be applied to building base;
• Masonry stone veneer material be applied to tower elements;
• Smooth stucco finish;
• Replace tile diamonds with improved Spanish architectural elements;
• Colors to be deep earth tone.
Staff believes that further design review with the above-mentioned direction from
Planning Commission would produce a superior building design and style consistent
with the appearance review requirements for the City of Atascadero.
Landscape Design
The preliminary landscape plan has been designed for compatibility with the
surrounding commercial development. The proposal includes landscape screening with
decorative shrubs between the proposed drive-thru lane and the adjacent sidewalks.
Shade trees are provided throughout the parking lot and street trees will be provided 30 -
feet on -center along Montecito Avenue. Landscape planters are included through out
the parking lot and the trash enclosure has been screened with plantings, consistent
with the Zoning Ordinance requirements. The proposed landscape plan and palette, as
conditioned, meets appearance review requirements.
Signage
The applicant is proposing six main building signs, two on each of the front and drive
thru elevations. Since the applicant will be co -locating with both a Tastee Freez and a
Wienerschnitzel in this building, signage is proposed for both businesses, included a
wall sign for each. One freeway pole sign is proposed at the west corner of the lot with
the Tastee Freez logo. A red L.E.D. light band is proposed along the roof line.
Additional directional signs and menu signs are also included.
The Sign Ordinance allows for 125 square feet of signage on a commercially zoned
property, plus one freeway sign, up to 150 square feet, which is allowed through an
Administrative Use Permit. The sign package is proposed with a total of 353.65 square
feet of signage, which includes a 150 square for the freeway sign. The applicant is
therefore requesting Planning Commission approval of the additional 78.65 square feet
signage above what is allowed by the sign ordinance. Condition 12 is included in the
attached resolution to allow the 78.65 square feet of additional signage if approved by
Planning Commission; the condition would need to be removed if Planning Commission
denies this request.
Sian location
Sign type
Area (sf)
Front elevation
Building wall logo (Tastee Freez)
24.65 sf
Building wall logo (Wienerschnitzel)
21.50 sf
Right side elevation
Building wall logo (Tastee Freez)
24.65 sf
Building wall logo (Wenerschnitzel)
21.50 sf
Left side elevation
Building wall logo (Tastee Freez)
24.65 sf
Building wall logo (VVienerschnitzel)
21.50 sf
Roof borders
LED lighting
22.12 sf
Drive-thru entrance
Double-faced non -illuminated
3.34 sf
Free-standing directional sign
(Drive Thru Enter)
Drive-thru exit
Double-faced non -illuminated
3.34 sf
Free-standing directional sign
(Exit Only / Thank You)
Drive-thru lane
Promo pre -sell board (2)
11.12 sf
Menu board
25.28 sf
Road frontage
Pole sign
150.00 sf
`TOTAL:
353.65 sli
The proposed freeway pole sign is requires an Administrative Use Permit for approval,
which in this case is being referred to Planning Commission as part of the Conditional
Use Permit. The Sign Ordinance states that in addition to the 125 square feet of
building signage, "sites located adjacent to a Highway 101 frontage road may be
authorized, through Administrative Use Permit approval, to use have a pole mounted
freeway oriented sign with an area not to exceed one (1) square foot of sign area per
lineal foot of freeway oriented building frontage up to one hundred fifty (150) square
feet, whichever is less. Pole mounted signs shall not exceed fifty (50) feet in height or
the minimum height necessary for effective visibility." The Sign Ordinance also states
that "where a sign has two faces containing sign copy, which are oriented back to back
and separated by not more than twenty-four (24) inches at any point, the area of the
sign shall be measured using one (1) sign face only." The proposed pole sign is made
of 2 sign faces at 150 square feet each, back to back, with 30 -inches of separation.
Planning Commission may grant approval of the pole sign as proposed, or with
modifications of size or sign face separation. Condition 13 would allow the pole sign to
be constructed as proposed.
An additional request for Planning Commission approval includes the L.E.D. lights on
the edge of the building. The Sign Ordinance states that all light sources must be
shielded, with includes L.E.D. light bands. Condition 14 is included in the attached
resolution to allow the L.E.D. lights as proposed. The Commission may also request
that the L.E.D. lights be placed within a recessed banding in the same location to
achieve the same effect without directly viewing the light source.
Additional elements have been included on the building facade which could be
considered as signage. The Sign Ordinance states that "the installation or painting of
high croma color banding on buildings and structures shall be defined as a sign and
shall be subject to the same size restrictions as other signs." Under this requirement,
the application of the blue and yellow paint colors on the tower elements could be
considered as sign area. If the high croma color banding is designed with the intention
to attract attention to the building as sign would do, then it would be counted as sign
area. If it is incorporated in to the building's architecture, and adds to the quality of
design of the structure, then it should not be counted as signage. The bright red color
used on the awnings could also be counted as signage under this code. In addition,
staff believes that the red tile medallions currently have the appearance of a sign rather
than as an architectural feature.
If the Planning Commission chooses to refer the project back to staff for further review,
the Commission may give staff direction on how to proceed with the applicant's signage
requests for Planning Commission approval, including the following:
1. 78.65 square feet of signage requested above standard code allowance
2. Freeway pole sign, with 150 square feet per side, faces separated by 30 -inches
3. L.E.D. light band along roof line (light source is not shielded)
4. Bold blue, yellow, and red block colors on tower elements, awnings, and tile
medallions.
General Plan Consistency
The proposed project is consistent with the following General Plan Land Use Element
Policies:
Land Use Program 1.1.7: "Within the Urban Core encourage infill development or
revitalization or reuse of land already committed to urban development where utilities
and public services exist.
Implementing General Plan programs requires appearance review of architectural
design, materials and color, and landscaping to improve the appearance along street
frontages, and incorporate architectural themes into the site and building design.
Staff believes that the following General Plan Land Use Element Policies have not been
met by the current design:
Land Use Policy 2.1: "Ensure that new development is compatible with existing and
surrounding neighborhoods".
In staff's opinion the proposed drive-through restaurant is consistent with some of the
goals and policies of the Land Use Element, but does not meet all of the General Plans
goals in relation to architectural design and compatibility. Staff recommends that the
Planning Commission refer the project back to staff in order to incorporate elements that
are consistent with the scale and character of the surrounding commercial uses and
consistent with the General Plan's appearance review requirements, providing attractive
architecture and landscape design.
Findings
Conditional Use Permit
A Conditional Use Permit is required for all drive-thru restaurants. The Conditional Use
Permit process provides the opportunity for the public and the Planning Commission to
review the specifics of land use proposals, such as appropriateness of use, architectural
design, site design, landscape, signage, and specific standards of the Zoning
Ordinance. The Planning Commission must make the following five findings to approve
a Conditional Use Permit:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual.
Staff Comment: The use is consistent with the General Commercial designation of
the General Plan and General Plan Land Use Element Policy 1.1.7. General Plan
Land Use Element Policy 2.1 has not been met in staff's opinion.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance.)
Staff Comment: As conditioned, the project satisfies most conditional use permit
and zoning code provisions for a commercial development, with the exception of the
appearance review requirements and the sign ordinance exceptions.
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing
or working in the neighborhood of the use, or be detrimental or injurious to property
or improvements in the vicinity of the use.
Staff Comment: The proposed commercial development will not be detrimental to
the general public or working persons health, safety, or welfare.
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: The site plan and landscape plan are consistent with the existing
commercial center. Staff believes that with further design review, the project could
provide high quality architecture to enhance the East Front and Montecito Street
frontages.
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
Staff Comment: The proposed project and use, as conditioned, is consistent with
the traffic projections and road improvements anticipated within the General Plan.
Based on staff's analysis in the preceding sections, it appears that all of the required
findings for approval of a Conditional Use Permit could be made with further
architectural development of the building facades.
Proposed Environmental Determination
A Draft Mitigated Negative Declaration was circulated to public agencies and interested
members of the public on February 28, 2007. The environmental analysis identified
concerns regarding potential impacts to aesthetics, noise, and traffic. Mitigation
measures pertaining to these resources are included. It is the opinion of staff that the
combination of mitigation measures and conditions of approval will reduce any potential
environmental impacts to a level of insignificance. A finding is proposed that this project
would not have a significant effect on the environment based upon the implementation
of the identified mitigation measures.
Staff is recommending that the Commission certify Proposed Mitigated Negative
Declaration 2007-0001.
Conclusion
The proposed project represents an infill commercial project within the Commercial
Tourist Zone. Staff has worked with the applicant to advance the franchise prototype
design to a level of appearance that would be consistent with Atascadero Appearance
Review standards. Staff acknowledges the prototype building footprint as an essential
part of the business operation; however, the proposed exterior design requires further
improvement with regards to exterior architecture, colors and materials, as analyzed
within this staff report. Staff recommends that the Planning Commission continue the
item with direction to staff for further exterior appearance review improvement.
ALTERNATIVES
1. The Commission may determine that more information is needed on some
aspect of the project and may refer the item back to the applicant and staff to
develop the additional information. The Commission should clearly state the type
of information that is required and move to continue the item to a future date.
2. The Commission may approve the project with modifications to the project and/or
conditions of approval for the project.
3. The Commission may deny the project. The parcel would retain its designation
of Commercial Tourist, and a drive-thru would not be allowed. The Commission
should specify the reasons for denial of the project and make an associated
finding with such action.
PREPARED BY: Callie Taylor, Assistant Planner
ATTACHMENTS:
Attachment 1: Location Map, Zoning and General Plan
Attachment 2: Draft Resolution PC 2007-0018: To approve the project
Attachment 3: Draft Resolution PC 2007-0018: To deny the project
Attachment 1: Location Map, General Plan and Zoning
Zoning: CT (Commercial Tourist)
General Plan Designation: GC (General
Commercial)
ATTACHMENT 2: Draft Resolution PC 2007-0018 to Approved the Proposed Project
DRAFT RESOLUTION PC 2007-0018
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO CERTIFYING PROPOSED
MITIGATED NEGATIVE DECLARATION 2005-0047 AND APPROVING
CONDITIONAL USE PERMIT 2006-0196 (PLN 2006-1151)
APN 056-071-010
(8905 Montecito / Tastee Freez)
WHEREAS, an application has been received from John Sidders & Tastee Freez, 1209
Hanover Place, San Luis Obispo, CA 93401 (Applicant) and Morro Road Homes, LLC, 6205
Alcantara Avenue, Atascadero, CA 93422 (Owner) to consider a project consisting of a
Conditional Use Permit (CUP 2006-0196 / PLN 2006-1151) for a drive-thru restaurant at 8905
Montecito (APN 056-071-010); and,
and,
WHEREAS, the site's current General Plan Designation is General Commercial (GC);
WHEREAS, the site's current zoning district is Commercial Tourist (CT); and,
WHEREAS, Drive-thru restaurants are a Conditional Use in the Commercial Tourist
zone; and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2007-0001
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 Conditional
Use Permit application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said application; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on March 19, 2007, studied and considered the Conditional Use Permit
2006-0196, 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 Certification of the Proposed Mitigated Negative
Declaration. The Planning Commission finds as follows:
1. The project does not have the potential to degrade the environment when mitigation
measures are incorporated into the project's mitigation monitoring program as
conditions of approval; and,
2. The project will not achieve short-term to the disadvantage of long term
environmental goals; and,
3. The project does not have impacts which are individually limited, but cumulatively
considerable; and,
4. The project will not cause substantial adverse effects on human beings either directly
or indirectly.
SECTION 2. Findings for approval of Conditional Use Permit. The Planning
Commission finds as follows:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance); and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. That the proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
6. That the proposed sign area schedule be approval by planning Commission, including
a 150 square foot freeway pole sign, 78.65 square feet of additional signage above the
125 square feet allowed by the Sign Ordinance, and L.E.D. light bands along the
roofline of the building.
SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a session
assembled on March 19, 2007, resolved to approve the Conditional Use Permit 2006-0196
subject to the following:
EXHIBIT A: Proposed Mitigated Negative Declaration
EXHIBIT B: Conditions of Approval
EXHIBIT C: Site Plan
EXHIBIT D: Landscape Plan
On motion
roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
EXHIBIT E:
Grading and Drainage Plan
EXHIBIT F:
Floor Plan
EXHIBIT G:
Elevations
EXHIBIT H:
Color and Materials Board
EXHIBIT I:
Signage details and locations
by Commissioner , and seconded by Commissioner
the foregoing resolution is hereby adopted in its entirety by the following
CITY OF ATASCADERO, CA
Joan O'Keefe
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
Exhibit A Proposed Mitigated Negative Declaration 2007-0001
See Following
EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program
Conditional Use Permit 2006-0196 / PLN 2006-1151
Conditions of Approval /
Timing
Responsib
Mitigation
Mitigation Monitoring Program
ility
Measure
/Monitorin
BL: Business License
9
8905 Montecito Road
GP: Grading Permit
Conditional Use Permit
BP: Building Permit
FI: Final Inspection
PS: Planning
Services
2006-0196 / PLN 2006-1151
TO: TempoBS:CUP
Occupanccymry
Serviceisding
F0: Final Occupancy
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Planning Services
1. This conditional use permit shall be for a drive-through restaurant and
FM
PS
associate site improvements as described on the attached exhibits and
located on parcel 056-071-010 regardless of owner.
2. The approval of this use permit shall become final and effective for the
FM
PS
purposes of issuing building permits fourteen (14) days following the
Planning Commission approval unless prior to the time, an appeal to the
decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance.
3. The Community Development Department shall have the authority to
BP/FM
PS, CE
approve the following minor changes to the project that (1) modify the site
plan project by less than 10%, (2) result in a superior site design or
appearance, and/or (3) address a construction design issue that is not
substantive to the Master Plan of Development. The Planning Commission
shall have the final authority to approve any other changes to the Master
Plan of Development and any associated Tentative Maps unless appealed
to the City Council.
4. Approval of this Conditional Use Permit shall be valid for twelve (12) months
BP/FM
PS
after its effective date. At the end of the period, the approval shall expire
and become null and void unless the project has received a building permit.
5. The applicant shall defend, indemnify, and hold harmless the City of
Ongoing
Atascadero or its agents, officers, and employees against any claim or
action brought to challenge an approval by the city, or any of its entities,
concerning the subdivision.
6. All subsequent Tentative Map and construction permits shall be consistent
BP/FM
PS, CE
with the Master Plan of Development contained herein.
7. All exterior elevations, finish materials, and colors shall be consistent with
BP
PS
the Master Plan of Development as shown in EXHIBIT C, D and F. All
exterior material finishes shall be durable, high quality, and consistent with
the architectural appearance.
8. All site work, grading, landscape and site improvements shall be consistent
BP/FM
PS, BS,
with the Master Plan of Development as shown in EXHIBIT C and D.
CE
9. A final landscape and irrigation plan shall be approved prior to the issuance
BP
PS, BS
of building permits and included as part of site improvement plan consistent
with EXHIBIT D, and as follows:
Conditions of Approval /
Timing
Responsib
Mitigation
Mitigation Monitoring Program
iiity
Measure
/Monitorin
BL: Business License
9
8905 Montecito Road
GP: Grading Permit
Conditional Use Permit
BP: Building Permit
FI: Final Inspection
PS: Planning
Services
CUP 2006-0196 / PLN 2006-1151
TO: Temporary
Occupancy
BS: Building
Services
FO: Final Occupancy
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attomey
■ All exterior meters, air conditioning units, mechanical equipment, and
trash storage shall be screened with landscape material.
• All areas shown on the landscape plan shall be landscaped by the
developer prior to the final of any single building permit on-site.
10. The developer and/or subsequent owner shall assume responsibility for the
GP
PS
continued maintenance of all landscape and common areas, consistent with
BP
EXHIBIT D.
11. The site shall be subject to all conditions of the Tentative Parcel Map TPM
GP, BP
PS, CE,
2006-0085, approved August, 2006.
BS, FD
12. All signage on site shall be consistent with Exhibit I. Total sign area on site
shall not to exceed 203.65 square feet (not including the freeway pole sign.)
13. A 50 -foot tall freeway pole sign shall be allowed at 150 square feet per side,
with sign faces separated by 30", as consistent with Exhibit I.
14. The applicant shall be allowed to install L.E.D. lights, as shown in Exhibit I.
City Engineer Project Conditions
15. All off-site improvements (curb, gutter and sidewalk within City rights of
GP, BP
CE
way) shall be completed under a separate permit and are not approved as
part of this project.
City Engineer Standard Conditions
16. Alignment of frontage improvements shall be approved by the City
GP, BP
CE
Engineer.
17. All onsite sewer mains shall be privately owned and maintained.
BP
CE
18. Applicant shall pay sewer extension (Annexation), Connection and
BP
CE
Reimbursement fees (if applicable) upon issuance of building permit.
19. Drainage piping serving fixtures which have flood level rims located below
BP
CE
the elevation of the next upstream manhole cover of the public or private
sewer serving such drainage piping shall be protected from backflow of
sewage by installing an approved type backwater valve. Fixtures above
such elevation shall not discharge through the backwater valve.
Atascadero Mutual Water Company
20. Before the issuance of building permits, the applicant shall submit plans
GP, BP
CE
to AMWC for the water distribution facilities needed to serve the project.
AMWC shall review and approve the plans before construction begins on
the waters stem improvements. All water distribution facilities shall be
Conditions of Approval /
Timing
Responsib
Mitigation
Mitigation Monitoring Program
ility
Measure
/Monitorin
BL: Business License
9
8905 Montecito Road
GP: Grading Permit
Conditional Use Permit
BP: Building Permit
FI: Final Inspection
PS: Planning
Services
CUP 2006-0196 / PLN 2006-1151
TO: Temporary
Occupancy
BS: Building
Services
FO: Final Occupancy
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attomey
constructed in conformance with AMWC Standards and Details and the
California Waterworks Standards (Code of Regulations Title 22, Division
4, Chapter 16). All cross -connection devices shall conform to AWWA
and California Department of Health Services standards.
21. Before the start of construction on the water system improvements, the
GP, BP
CE
applicant shall pay all installation and connection fees required by
AMWC.
22. Before issuance of building permits, the applicant shall obtain a "Will
GP, BP
CE
Serve" letter from AMWC.
Mitigation Measures
23. Exterior parking lot lighting shall be designed to eliminate any off site
BP
BS, PS,
1.d.1
glare. All exterior site lights shall utilize full cut-off, "hooded" lighting
CE
fixtures to prevent offsite light spillage and glare. Any luminaire pole
height shall not exceed 14 -feet in height, limit intensity to 2.0 foot
candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0
maximum within the site. Fixtures shall be shield cut-off type and
compatible with neighborhood setting, subject to staff approval.
24. The project shall be conditioned to comply with all applicable District
BP
BS, PS,
3.b.1
regulations pertaining to the control of fugitive dust (PM -10) as contained
CE
in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook.
Section 6.3: Construction Equipment
■ Maintain all construction equipment in proper tune according to
manufacturer's specifications.
■ Fuel all off-road and portable diesel powered equipment, including but not
limited to bulldozers, graders, cranes, loaders, scrapers, backhoes,
generator sets, compressors, auxiliary power units, with ARB certified
motor vehicle diesel fuel (Non -taxed version suitable for use off-road).
■ Maximize to the extent feasible, the use of diesel construction equipment
meeting the ARB's 1996 or newer certification standard for off-road heavy-
duty diesel engines.
■ 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
Conditions of Approval /
Timing
Responsib
Mitigation
Mitigation Monitoring Program
ility
Measure
/Monitorin
BL: Business License
9
8905 Montecito Road
GP: Grading Permit
Conditional Use Permit
BP: Building Permit
FI: Final Inspection
PS: Planning
Services
CUP 2006-0196 / PLN 2006-1151
TO: Temporary
Occupancy
BS: Building
Services
FO: Final Occupancy
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attomey
building plan notes:
A. Reduce the amount of the disturbed area where possible.
B. Use of water trucks or sprinkler systems in sufficient quantities to
prevent airborne dust from leaving the site. Increased watering
frequency would be required whenever wind speeds exceed 15 mph.
Reclaimed (non -potable) water should be used whenever possible.
C. All dirt stockpile areas should be sprayed daily as needed.
D. Permanent dust control measures identified in the approved project re -
vegetation and landscape plans should be implemented as soon as
possible following completion of any soil disturbing activities.
E. Exposed ground areas that are planned to be reworked at dates
greater than one month after initial grading should be sown with a fast -
germinating native grass seed and watered until vegetation is
established.
F. All disturbed soil areas not subject to re -vegetation should be
stabilized using approved chemical soil binder, jute netting, or other
methods approved in advance by the APCD.
G. All roadways, driveways, sidewalks, etc, to be paved should be
complete as soon as possible. In addition, building pads should be
laid as soon as possible after grading unless seeding or soil binders
are used.
H. Vehicle speed for all construction vehicles shall not exceed 15 mph on
any unpaved surface at the construction site.
I. All trucks hauling dirt, sand, soil, or other loose materials are to be
covered or should maintain at least two feet of freeboard (minimum
vertical distance between top of load and top of trailer) in accordance
with CVC Section 23114.
J. Install wheel washers where vehicles enter and exit unpaved roads
onto streets, or was off trucks and equipment leaving the site.
K. Sweep streets at the end of each day if visible soil material is carried
onto adjacent paved roads. Water sweepers with reclaimed water
should be used where feasible.
L. 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.
25. The grading permit application plans shall include erosion control
GP
PS, BS,
6.b.1
measures to prevent soil, dirt, and debris from entering the storm drain
CE
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.
26. A soils report shall be required to be submitted with a future building
BP, GP
PS, BS,
6.d.1
permit by the building department.
CE
27. The developer is responsible for ensuring that all contractors are aware
BP, GP
PS, BS,
8.0.1
of all storm water quality measures and that such measures are
CE
implemented. Failure to comply with the approved construction Best
Conditions of Approval /
Timing
Responsib
Mitigation
Mitigation Monitoring Program
ility
Measure
/Monitorin
BL: Business License
9
8905 Montecito Road
GP: Grading Permit
BP: Building Permit
PS: Planning
Conditional Use Permit
FI: Final Inspection
Services
CUP 2006-0196 / PLN 2006-1151
TO: Temporary
Occupancy
BS: Building
Services
FO: Final Occupancy
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attomey
Management Practices will result in the issuance of correction notices,
citations, or stop orders.
28. All construction activities shall comply with the City of Atascadero Noise
BP, GP
PS, Bs,
11.d.1
Ordinance for hours of operation.
CE
29. The proposed project shall be responsible for the installation of all
BP, GP
CE
15.a.b.1
required frontage improvements along East Front Road and Montecito
Ave. Improvements will be constructed for buildout conditions. The
applicant shall be required to pay a fair share portion of the improvement
costs for the Santa Rosa interchange signalization project.
30. The project shall utilize existing access points for the existing shopping
BP, GP
CE
15.a.b.2
center and as approved for PLN 2006-1121 (the three lot split which
created the existing parcels.) No new access points shall be permitted.
EXHIBIT C: Master Plan of Development/Site Plan
EXHIBIT D: Landscape Plan
EXHIBIT E: Grading and Drainage Plan
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EXHIBIT F: Floor Plans
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EXHIBIT G: Elevations: Drive Thru elevation facing East Front Road
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EXHIBIT G: Elevations: Rear / Service elevation
EXHIBIT H: Color and Materials Board
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EXHIBIT I: Signage: Sign Area Schedule
SIGN AREA SCHEDULE
Project: Tastee Freez
Location: 8905 Montecito Avenue
City Reference: PLN 2006-1151
Sign location Sign type Area (sf)
Front elevation Building wall logo (Tastee Freez) 24.65 sf
Building wall logo (Wienerschnitzel) 21.50 sf
Right side elevation Building wall logo (Tastee Freez) 24.65 sf
Building wall logo (Wienerschnitzel) 21.50 sf
Left side elevation Building wall logo (Tastee Freez) 24.65 sf
Building wall logo (Wienerschnitzel) 21.50 sf
Roof borders LED lighting 22.12 sf
Drive-thru entrance Double-faced non -illuminated 3.34 sf
Free-standing directional sign
(Drive Thru Enter)
Drive-thru exit Double-faced non -illuminated 3.34 sf
Free-standing directional sign
(Exit Only / Thank You)
Drive-thru lane Promo pre -sell board (2) 11.12 sf
Menu board 25.28 sf
Road frontage Pole sign 150.00 sf
OTAL: 353.65s
Summary:
■ 125 square feet allowed by code
■ 150 square foot freeway pole sign proposed
■ 78.65 square feet of additional signage requested
353.65 square feet total proposed
EXHIBIT 1: Signage: Sign location diagram
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EXHIBIT I: Signage: Wall Sign detail
EXHIBIT I: Signage: Wall Sign detail
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OPTION 3
MANUFACTURE AND INSTALL ONE POLE SIGN
ALUMINUM CABINET AND RETAINER5 PAINTED WHITE SATIN FIN5H.,
1T WHITE POLYCARBONATE FLAT FACE WITH FILM APPLIED FIRST SURFACE.
BACKGROUND: WHITE WITH INTENSE BLUE -230-12'7 BORDER.
DOPY. 'TASTES FREET'RED +230-33.
COPY: -RESTAURANT" WHITE
BACKGROUND, INTENSE BLUE •230-12-7
K.E CREAM: WHITE WITH BLACK DETAILS
GONE: LIGHT BEIGE -230-149 WITH BLAGK DETAILS.
ILLUMINATION: INTERNALLY ILLUMINATED WITH WOMA HO LAMPS.
POLE: PAINTED TO MATCH INTENSE BLUE -230-12T
EXHIBIT I: Signage: Drive Thru Directional Signs
EXHIBIT I: Signage: Drive Thru Menu Signs
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EXHIBIT I: Signage: LED light detail
ATTACHMENT 3: Draft Resolution PC 2007-0018 to Deny the Proposed Project
DRAFT RESOLUTION PC 2007-0018
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO DENYING CONDITIONAL USE
PERMIT 2006-0196 (PLN 2006-1151)
APN 056-071-010
(8905 Montecito / Tastee Freez)
WHEREAS, an application has been received from John Sidders & Tastee Freez, 1209
Hanover Place, San Luis Obispo, CA 93401 (Applicant) and Morro Road Homes, LLC, 6205
Alcantara Avenue, Atascadero, CA 93422 (Owner) to consider a project consisting of a
Conditional Use Permit (CUP 2006-0196 / PLN 2006-1151) for a drive-thru restaurant at 8905
Montecito (APN 056-071-010); and,
and,
WHEREAS, the site's current General Plan Designation is General Commercial (GC);
WHEREAS, the site's current zoning district is Commercial Tourist (CT); and,
WHEREAS, Drive-thru restaurants are a Conditional Use in the Commercial Tourist
zone; and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2007-0001
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 Conditional
Use Permit application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said application; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on March 19, 2007, studied and considered the Conditional Use Permit
2006-0196, 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. Denial. The Planning Commission of the City of Atascadero, in a session
assembled on March 19, 2007, resolved to deny the Conditional Use Permit 2006-0196 subject to
the following:
On motion
roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ADOPTED:
by Commissioner , and seconded by Commissioner
the foregoing resolution is hereby adopted in its entirety by the following
CITY OF ATASCADERO, CA
Joan O'Keefe
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
ITEM NUMBER:
DATE: 3-19-07
TO BE CONTINUED TO APRIL 3, 2007
PRECISE PLAN 2005-0172, TREE REMOVAL PERMIT 2006-0094 FOR 5105 &
5305 CHAUPLIN LANE
Applicant:
Don Messer, P O Box 1958, Atascadero, CA 93423
Owners:
Burt Polin, 147 Los Cerros Drive, SLO, CA 93405
Michael Finch, 6445 N. Palm Ave. #101, Fresno, CA 93704
Project Title:
Precise Plan 2005-0172, 2 Single -Family Residences on slopes greater than 10%
Tree Removal Permit 2006-0094
Project
5105 & 5305 Chauplin Lane, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 030-311-005, 030-311-002
Project
The project consists of an application to construct 2 single-family houses on 2 existing lots of record.
Description:
Both of the residences each total 1,928 sq. ft. with a 744 sq. ft. garage and a 120 sq. ft. deck. The
proposed project will require approx. 1,300 cubic yards of cut and approximately 700 cubic yards of
fill on moderate to steep slopes and will incorporate retaining walls. Approximately 62 native trees
are proposed for removal and the residences will gain access through a shared driveway from
Chauplin Lane.
This is a revised proposed Mitigated Negative Declaration and replaces the document
previously posed on June 5, 2006.
General Plan Designation: SFR -Z
Zoning District: RSF-Z
Proposed
Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The
Environmental
proposed Mitigated Negative Declaration is available for public review at 6907 El Camino Real,
Determination:
Community Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday.
\\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TRP - Tree Removal Perrnits\TRP 06\TRP 2006-0094 Messer-Chauplin\PC To Be Continued.am.doc