The URL can be used to link to this page

Home My WebLink AboutPC_2007-12-18_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, December 18, 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 Chairperson will read the decorum guidelines 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 December 18, 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 OCTOBER 16, 2007. 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 20, 2007 3. APPROVAL OF THE 2008 PLANNING COMMISSION MEETING SCHEDULE 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).) 4. PLN 2007-1230, CONDITIONAL USE PERMIT, 7085 EL CAMINO REAL Owner: Atascadero Enterprises, LLC, 2505 Theatre Dr. Ste. A, Paso Robles, CA 93446 Applicant: CKE Restaurants, Inc, 401 W. Carl Karcher Way, Anaheim, CA 92801 Project Title: Carl's Jr. Drive-through Restaurant—PLN 2007-1230/CUP 2007-0217 Project 7085 El Camino Real, Atascadero, CA 93422 Location: APN 030-081-008 (San Luis Obispo County) Project The proposed project consists of an application for a Conditional Use Permit (CUP) to allow a drive - Description: through restaurant on a currently vacant commercial pad in an existing shopping center. The proposed restaurant will share the site with the previously approved Lube -n -Go facility, which is currently under construction. No native trees are proposed for removal and the project will take access from El Camino Real and off a shared access easement on the adjacent shopping center parcel. The access driveway off of El Camino Real will be shared with the Lube -n -Go facility. An exit only driveway is proposed for the drive-through component of the restaurant onto El Camino Real. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) 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 Regular Meeting December 18, 2007 Page 3 of 4 5. PLN 2007-1216, CONDITIONAL USE PERMIT FOR 7580 CASTANO AVE. Owner: Leonard Byrd, 7580 Castano Ave., Atascadero, CA 93422 Project Title: PLN 2007-1216 / Conditional Use Permit 2007-0215 Project 7580 Castano Ave., Atascadero, CA 93422 Location: APN 029-141-015 (San Luis Obispo County) Project The proposed project consists of an application for a Conditional Use Permit (CUP) to allow a front Description: setback reduction for on a sloping lot an oversized garage. The garage is proposed at 680 square feet, which exceeds 50% of the size of the main residence on site, and therefore requires Planning Commission approval. General Plan Designation: Single Family Residential -Y Zoning District: Residential Single Family -Y Proposed Exempt per CEQA Section 15303: New Construction or Conversion of Small Structures Environmental Determination: COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT There will be no meeting on January 1, 2008. The next regular meeting of the Planning Commission will be on January 15, 2008 at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting December 18, 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: 12-18-07 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, October 16, 2007 — 7:00 P.M. Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner Marks led the Pledge of Allegiance. ROLL CALL Present: Commissioners Marks, O'Grady, Slane, and Chairperson O'Keefe Absent: Commissioners Heatherington, Jack, and Vice Chairperson Fonzi (all absences excused) Others Present: Recording Secretary Grace Pucci Staff Present: Community Development Director Warren Frace, Public Works Director / City Engineer Steve Kahn, Community Services Director Brady Cherry, Deputy Community Development Director Steve McHarris, Deputy Public Works Director Geoff English, and Associate Planner Kerry Margason. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner O'Grady and seconded by Commissioner Marks to approve the agenda. Motion passed 4:0 by a roll -call vote. PC Draft Minutes 10/16/07 Page 1 of 10 Chairperson O'Keefe read the decorum guidelines. DISCLOSURE OF EX PARTE COMMUNICATIONS: Commissioner Marks stated he visited the sites on Items #2, 3, and 4. He talked to Main Street Board Members Maria Hooper and Barbie Butz, Main Street Executive Director Steve Martin, and the applicant on Item #4. Chairperson O'Keefe stated she met with Mr. Gearhart and his consultant Jamie Kirk at the property because she needed questions answered for Item #5. Commissioner O'Grady visited all project sites, and with regard to Item #5, spoke with Council Member Ellen Beraud regarding the Council study session and specifically her interpretation of its position regarding tier one and tier two benefits. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 2, 2007. 2. APPROVAL OF TIME EXTENSION ON TENTATIVE TRACT MAP 2005-0068, 9300 PINO SOLO AND TTM 2003-0044, 9105 PRINCIPLE AVE., (PRINCIPLE PARTNERS, LP/WALLACE GROUP) Items pulled: Commissioner O'Grady, Item #2 MOTION: By Commissioner O'Grady and seconded by Commissioner Marks to approve Item #1 Motion passed 3:0 by a roll -call vote. (Slane abstained) Item #2 Commissioner O'Grady stated he would like to add a condition that would require this project to comply with the proposed Condominium Ordinance once it is approved, with the exception of construction started prior to the approval. Community Development Director Warren Frace indicated it would be problematic to add this condition because the final outcome of the Ordinance is not known and won't be for about two months. PC Draft Minutes 10/16/07 Page 2 of 10 MOTION: By Commissioner O'Grady and seconded by Commissioner Slane to approve Item #2 Motion passed 4:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 3. PLN 2099-1108,6575 SYCAMORE ROAD BMX TRACK Applicant: Atascadero BMX (ABMX) Tom Jordan, Jordan Environmental Services, 8255 Graves Creek Rd, Atascadero, CA 93422 Owner: Atascadero Mutual Water Company 5005 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2099-1108, Zone Change 2005-0108, Conditional Use Permit 2005-0168 Project 6575 Sycamore Road, Atascadero, CA 93422 Location: (San Luis Obispo County) Lot 10, 4 -RM -80A (APN 028-111-003) and Lot 11 4 -RM -81 A (APN 028-121-001) Project The project consists of an application for a Zone Text Amendment, a Zone Map Change, and Description: a Conditional Use Permit to establish a Planned Development Overlay Zone that would allow a dirt track for Bicycle Motocross (BMX) on an existing lot owned by Atascadero Mutual Water Company adjacent to the Salinas River. The Planned Development Overlay Zone Change would be site specific and include a Master plan of Development (CUP) that would include the construction of a BMX Track, a registration and concession building, portable restroom facilities, and a utility building. Overflow parking is proposed within the Caltrans right-of-way under the existing Highway 41 bridge across the Salinas River. No lighting is proposed as part of this project. General Plan Designation: Industrial (1) Zoning District: Industrial Park (IP) 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 at 6907 Determination: EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Deputy Community Development Director Steve McHarris provided the staff report and answered questions of the Commission. Community Services Director Brady Cherry gave a brief history of this project and answered questions of the Commission. all TI[00191lyiILTA 14►III I Tom Jordan, representing Atascadero BMX, spoke about BMX, the proposed track and structures, insurance, parking, and answered questions of the Commission. PC Draft Minutes 10/16/07 Page 3 of 10 Brett Riley explained that he has opened several BMX tracks, and spoke about what it takes to get a track running and keep it operating. Jerry Clay spoke in support of the track and addressed issues of noise, hours of operation, and safety. Susan Schroll stated she has been involved in BMX for six years and spoke about what it has meant to her son, other youth, and families in the area. Adam Verges stated he participates in the sport, spoke in support of the track, and explained the viewpoint of the younger members of the community regarding this track. Kevin Sousa said he lives close to this location, that the sound from the track is minimal, and that this would be a safe area for bicyclists. Terra Quinn expressed her support for the track and that BMX is a family oriented sport, positive for the community, and involves the children more than any other sport. Chairperson O'Keefe closed the Public Comment period. MOTION: By Commissioner Slane and seconded by Commissioner O'Grady to adopt Resolution PC 2007-0083 recommending the City Council certify Proposed Mitigated Negative Declaration 2006-0015; and, adopt Resolution PC 2007-0084 recommending the City Council introduce an ordinance for first reading by title only, to approve Zone Text Change 2005- 0108 to establish Planned Development Overlay Zone #31; and, adopt Resolution PC 2007-0085 recommending the City Council introduce an ordinance for first reading by title only, to approve Zone Map Change 2007-0143 based on findings: and, adopt Resolution PC 2007-0086 recommending the City Council approve Conditional Use Permit 2005-0168 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring, and with the condition that there will be non -motorized bikes only, and only one speaker for amplification. Motion passed 4:0 by a roll -call vote. Chairperson O'Keefe recessed the hearing at 8:17 p.m. Chairperson O'Keefe called the meeting back to order at 8:25 p.m. PC Draft Minutes 10/16/07 Page 4 of 10 4. PLN 2007-1244, 6040 EL CAMINO REAL Owner: Patrick Gaughan, 10630 San Marcos Road, Atascadero, CA 93422 Applicant: Kevin Gogstetter, 2470 Homestead Road, Templeton, CA 93465 Project Title: PLN 2007-1244, CUP 2007-0218 Project 6040 EI Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 030-191-001 Project The proposed project consists of an application for a Conditional Use Permit to establish an Description: indoor auto and vehicle dealership for the purpose of selling motorcycles within an existing building at 6040 EI Camino Real. General Plan Designation: Downtown (D) Zoning District: Downtown Commercial (DC) Proposed Class 1, Categorical Exemption Section 15301: Existing Facilities Environmental Determination: Deputy Community Development Director Steve McHarris gave the staff report and answered questions of the Commission. PUBLIC COMMENT Kevin Gogstetter, applicant, addressed issues raised by the Commission and spoke about his plans for the building. Chuck Ward spoke against the CUP because the proposed project or use is inconsistent with the character of the immediate neighborhood and its orderly development, and because of noise issues. Pat Gaughan, owner of the property, spoke about his use of the property over the last 25 years and stated he has never heard an objection in all that time. Karen Gogstetter, applicant, spoke about the hours of operation for this business, and that the motorcycles will not be started or worked on at this location so there will not be a noise issue for the hotel. Jamie Kirk stated she participated in developing the City's Downtown Guidelines, and that this type of use was considered at that time. She believes this is an appropriate use and that the building is what it is and has been upgraded from the previous use. Chairperson O'Keefe closed the Public Comment period. Commissioner Slane stated he would rather see a business go in at this location than have a vacant site, and is in favor of approving this project. PC Draft Minutes 10/16/07 Page 5 of 10 Commissioner O'Grady commented that this is a prime location in the downtown and this building and this use is inimical to potential investors and developers in Atascadero and does not measure up to the standards that have been recently raised in the City. Chairperson O'Keefe stated she has a problem with this request because a CUP goes with the property and there are uses that don't fit in with the downtown. She indicated she could not make the finding that this use fits in with the immediate neighborhood or with the General Plan goals for the downtown. MOTION: By Commissioner O'Grady and seconded by Chairperson O'Keefe to deny the project for the reasons that it is inconsistent with the provisions of the General Plan and is also not in character with the neighborhood. *** Motion passed 2:1 by a roll -call vote. (Slane opposed, Marks abstained) Vote invalid due to a lack of a quorum, see City Attorney note below. Commissioner Marks made the following statement for the record: "Over the years use of dirt bikes in neighborhoods has had such a negative impact on my family that at this point I don't think I can evaluate this agenda item without substantial negative bias and I think I must abstain from voting." *** City Attorney Note: According to the record, Commissioner Marks decided not to vote because he felt that his prior experiences related to motorcycle use rendered him not capable of fairly judging the issues. As such, under the case of Cohan v Thousand Oaks, he declared a conflict based upon due process grounds. A CUP is a quasi judicial hearing, not a legislative hearing. In a quasi judicial hearing the hearing officers (commissioners) have to be able to hear all the evidence with an open mind and not be unduly swayed by their own prior experiences or feelings. In this case the commissioner felt unduly swayed. Once he stated his conflict, there were only three (3) participating commissioners. Three is not a quorum on a seven member board and therefore even though a majority of the three voted in favor, the motion cannot count as an action as no quorum was present. PC Draft Minutes 10/16/07 Page 6 of 10 5. PLN -2099-0818,13000 ATASCADERO AVENUE Owner: Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422 Project Title: Eagle Creek Golf Course General Plan Amendment / Zone Change / Planned Development Amendment and Not Parcel Map PLN -2099-0818, General Plan Amendment 2005-0016, Zone Change 2005-0111, Conditional Use Permit 2005-0175, Tentative Parcel Map 2005-0080 Project 13000 Atascadero Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 045-391-015, 016 Project The proposed project consists of a General Plan Amendment of 10.0 acres from CREC Description: (Commercial Recreation) to RSF-Y (Residential Single -Family 1.0 acre min), Zone Change of 10.0 acres from LS (Special Recreation) to SFR -Y (Single -Family Residential 1.0 acre min), Amendment of the Master Plan of Development for Planned Development -8 to replace an existing golf course with two Single -Family Residences, and Parcel Map to subdivide 10.1 acres into two lots. The proposed project is located within the 100 -year flood plain. General Plan Designation: REC (Recreation) Zoning District: L (Recreation) Proposed Based on the above findings, and the information contained in the Initial Study 2007-0022 (made Environmental a part hereof by reference and on file in the Community Development Department), it has been Determination: determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project. Community Development Director Warren Frace gave the staff report and answered questions of the Commission. PUBLIC COMMENT Jamie Kirk, applicant's representative, gave a PowerPoint presentation on the project and requested several changes to the Conditions of Approval regarding livestock and right-of-way. Ms. Kirk answered questions of the Commission. Lynne Dee Althouse, project biologist, and Casey Patterson, landscape architect, spoke about the design for the site and answered questions of the Commission. Kelly Gearhart spoke about the maintenance of the Open Space area, and suggested a maintenance bond could be set in place, checked and renewed annually. Doug Pierto, representing 17 homeowners in the Eagle Creek area, spoke about their concerns, made several suggestions, and stated the project as presented represents effective consensus building and that the neighbors appreciated having the opportunity to participate in the planning process. PC Draft Minutes 10/16/07 Page 7 of 10 David Tissue stated the existing project has CC&R's which prohibit grazing animals. He commented that all who live there would like to see this project move forward as quickly as possible and that in its presents state the project is very viable and feasible. Chairperson O'Keefe closed the Public Comment period. MOTION: By Chairperson O'Keefe and seconded by Commissioner O'Grady to adopt Draft Resolution 2007-0089 recommending the City Council certify Proposed Mitigated Negative Declaration 2007-0022; and, adopt Draft Resolution 2007-0090 recommending the City Council approve General Plan Amendment 2005-0016 based on findings; and, adopt Draft Resolution 2007-0091 recommending the City Council introduce for first reading, by title only, a draft ordinance approving Zone Text Change 2005-0111 amending the PD -8 Overlay District based on findings; and, adopt Draft Resolution 2007-0092 recommending the City Council introduce for first reading, by title only, a draft ordinance approving Zoning Map Change 2005-0111 based on findings; and, adopt Draft Resolution 2007-0093 recommending the City Council approve Conditional Use Permit 2005-0175 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Draft Resolution 2007-0094 recommending the City Council approve Vesting Tentative Parcel Map 2005-0080 based on findings and subject to Conditions of Approval and Mitigation Monitoring and adding the following conditions: 1. A requirement to add that the CC&R's be consistent with the existing tract; this condition added to the CUP and Map resolutions. 2. A requirement for a six year maintenance and management plan subject to city approval with a maintenance bond; this condition added to the CUP and Map. 3. A condition that the existing fence be repaired; amendment to Condition #10 of the CUP. 4. Limited grazing of animals allowed for annual fuel management will be permitted; this condition added to the zone change text, the CUP and the Map. Motion passed 4:0 by a roll -call vote. 6. PLN 2006-1111, CONDOMINIUM ORDINANCE UPDATE Applicant: City of Atascadero, 6907 EI Camino Real, Atascadero, CA 93422, Phone: 461-5000 Project Title: PLN -2006-1111 /Zone Change 2006-0118 PC Draft Minutes 10/16/07 Page 8 of 10 Project Location• The proposed zoning changes would affect the RMF -10 and RMF -16 Multi -Family Zoning Districts Citywide. Project The purpose of the hearing is to review a draft Condominium Ordinance resulting from the Joint Description: Planning Commission and City Council meeting on February 20, 2007. The City's existing condominium regulations are proposed to be updated and codified in Title 9 of the City's Municipal Code. The Planning Commission will be making recommendations to the City Council on the Draft Ordinance. Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. Barbara Kautz of Goldfarb and Lipman gave a presentation on the Condominium Ordinance and answered questions of the Commission. PUBLIC COMMENT Mark Gibbs asked if there were a plan regarding the percentage of condo conversions that would be for inclusionary housing. Chairperson O'Keefe closed the Public Comment period. MOTION: By Commissioner O'Grady and seconded by Commissioner Marks to adopt Resolution PC 2007-0087, recommending that the City Council introduce an Ordinance for first reading by title only to approve PLN 2006-1111 (Zone Change 2006-0118) based on findings, and with the following conditions: 1. Conditional Use Permit will be required for all condominiums and condominium conversions regardless of size. 2. Change of noticing requirements to conform to state law. 3. For condominium conversions of four or less the requirements for physical condition, noticing and tenant protections would apply. 4. Removal of 9-12.101(i) regarding condominium plans. 5. Affordable units within the Redevelopment Project Area would meet redevelopment standards. 6. Tenant protections apply not only to existing tenants, but to all tenants. Motion passed 4:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Chairperson O'Keefe referred to the Andy Fetyko project on the north end of EI Camino Real and stated that the windows of this historic house have not been covered and there has already been rain. She asked staff if something could be done. PC Draft Minutes 10/16/07 Page 9 of 10 Community Development Director Frace direct the applicant to secure the site Protection Plan and also to secure the damage. DIRECTOR'S REPORT indicated that staff's approach would be to for the winter in terms of the Storm Water Colony House to minimize water and other Director Frace reported that the Santa Ana map denied by the Planning Commission was appealed to the City Council, which upheld the Commission's decision and denied the map. He stated the agenda for the next Commission meeting is still being organized and that meeting would be in three weeks. ADJOURNMENT Chairperson O'Keefe adjourned the meeting at 10:51 p.m. to the next regularly scheduled meeting of the Planning Commission on November 6, 2007. MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 07\PC Draft Minutes 10-16-07.doc PC Draft Minutes 10/16/07 Page 10 of 10 CALL TO ORDER ITEM NUMBER: 2 DATE: 12-18-07 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, November 20, 2007 — 7:00 P.M. Chairperson O'Keefe called the meeting to order at 7:00 p.m. and Commissioner Jack led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Jack, Marks, O'Grady, Slane, Fonzi and Chairperson O'Keefe. Absent: None Others Present: Recording Secretary Grace Pucci Staff Present: Community Development Director Warren Frace, Public Works Director / City Engineer Steve Kahn, and Senior Planner Kelly Gleason. Chairperson O'Keefe read the decorum guidelines. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner Jack and seconded by Vice Chairperson Fonzi to approve the agenda. Motion passed 7:0 by a roll -call vote. PC Draft Minutes 11/20/07 Page 1 of 5 DISCLOSURE OF EX PARTE COMMUNICATIONS: ■ Commissioner Marks stated he visited the site for Item #2. ■ Vice Chairperson Fonzi stated she spoke with Assistant City Manager Jim Lewis on Item #2. ■ Commissioner O'Grady stated he visited the site for Item #2 but spoke with no one. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 6, 2007. MOTION: By Commissioner Heatherington and seconded by Commissioner Marks to approve Item #1. Motion passed 7:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 2. PLN 2007-1248, ZONE TEXT AMENDMENT PD -9 Owner• Atascadero 101 Associates, 2925 Bristol St., Costa Mesa, CA 92626 Applicant• Peter Koetting, Westar Associates, 2925 Bristol St., Costa Mesa, CA 92626 Project Title: PLN 2007-1248, ZCH 2007-0144 Zone Text Amendment PD -9 Project 800 through 955 ECR (049-045-001, 002, 003, 012, 013, 017, 018, 019, 020, 021, 022) Location: San Luis Obispo County Project Commercial Park / PD -9 Zoning District Description: The proposed project consists of an application for a Zone Text Amendment to add "Hotels, Motels" to the list of conditionally allowed uses in the Planned Development -9 Overlay District. The PD -9 Overlay District currently allows for a variety of commercial retail and commercial service uses to be developed in conjunction with a Master Plan of Development. The PD -9 Overlay Zoning District is site specific for the Home Depot Center. Proposed Based on the initial study prepared for the project, a Negative Declaration is proposed. The Environmental proposed Negative Declaration is available for public review from 10/24/07 through 11/11/07 Determination: at 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. PC Draft Minutes 11/20/07 Page 2 of 5 Senior Planner Kelly Gleason gave the staff report and with Community Development Director Warren Frace answered questions of the Commission. PUBLIC COMMENT — None Commissioner Heatherington expressed concern with the number of hotels in Atascadero at this time and questioned the occupancy rates for the existing hotels. She stated a hotel at this location was not pedestrian friendly and believes it is premature for this use at this time. Chairperson O'Keefe stated she would like to see paragraph one of the draft resolution eliminated because all the currently proposed hotels are not located in places where pedestrians would be walking, therefore, it does not make sense to have it in the resolution. MOTION: By Commissioner Jack and seconded by Commissioner Marks to adopt Resolution PC 2007-0097, recommending that the City Council introduce an Ordinance for first reading, by title only, to approve amendments to the conditionally allowed use for the PD -9 Overlay Zone based on findings, with the addition of 1) adding eating and drinking places with drive-through facilities to the list of conditionally allowed uses, 2) eliminate paragraph 1 of the draft resolution, and 3) section F from the PD 9 amended to read: "Any development shall be served by a city sewer system." Motion passed 6:1 by a roll -all vote. (Heatherington opposed) COMMISSIONER COMMENTS AND REPORTS Chairperson O'Keefe questioned what goes under Planning Commission Business and what goes under Commissioner Comments and Reports. Community Development Director Warren Frace explained the difference. Vice Chairperson Fonzi asked staff to indicate in their reports when a project lies within the Redevelopment District boundary. In addition, she expressed concern regarding the format for the minutes which seem to only record dissenting opinions, and which she feels is unbalanced. The Recording Secretary explained the format for the minutes. Director Frace suggested this issue be raised at the quarterly meeting with the Mayor and Mayor Pro Tem. Commissioner Marks referred to a lot split which came before the Commission in the past and asked how binding decisions are when based on what the property owner is telling the Commission. PC Draft Minutes 11/20/07 Page 3 of 5 Director Frace explained the requirements for determining if a condition were binding and indicated staff would do some research on this specific site and report back. Commissioner Marks asked about the requirements for first floor uses in the downtown and business signs on trucks and trailers. Director Frace explained first floor uses in the downtown, the code addressing business signs on vehicles, and stated that a note had been sent to Code Enforcement regarding the specific restaurant sign in question. Commissioner Marks spoke about a complaint he had received from a citizen who is continually disturbed by a crowing rooster in the morning. Director Frace stated that crowing roosters are not allowed under the code and the citizen should come to City Hall and file a Code Violation Complaint Form. Commissioner Marks referred to the Mitsubishi dealership that has been closed and remarked that the landscaping has deteriorated and looks shoddy. Director Frace stated that the landscaping was part of the conditions and staff will notify the owner of the concern. Commissioner Marks requested an update on the windows at Mission Oaks that have been painted over. Director Frace explained there is no specific code outside of the Downtown Zone to address this issue, and that staff is planning a visit to the site in hopes of getting them to improve their curb appeal. Commissioner O'Grady observed that Code Enforcement in Atascadero seems to be a side job of the Fire Department. He would like it to be more of a priority and suggested the City hire a contractor on an hourly basis to drive the area and discover violations. Commissioner O'Grady also suggested the City Attorney look at and update the documents used by the Commission at their meetings to ensure they have up-to-date information. DIRECTOR'S REPORT Community Development Director Warren Frace stated there were no agenda items scheduled at this time for the next Planning Commission meeting. He also reported that the Commission Norms were approved by the City Council and have been distributed. PC Draft Minutes 11/20/07 Page 4 of 5 ADJOURNMENT Chairperson O'Keefe adjourned the meeting at 8:03 p.m. to the next regularly scheduled meeting of the Planning Commission on December 4, 2007. MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\cdvipmnt\- PC Minutes\PC Minutes 07\PC Draft Minutes 11-20-07.doc PC Draft Minutes 11/20/07 Page 5 of 5 ITEM NUMBER: 3 DATE: 12-18-07 CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT DRAFT Planning Commission Meeting Schedule 2008 MEETING DATE MEETING TYPE TIME LOCATION: ChambersCity Hall Council 6907 El Camino Real Atascadero January 1 HOLIDAY, no mtg January 15 Regular 7:00 p.m. " February 5 Regular 7:00 p.m. " February 19 Regular 7:00 p.m. " March 4 Regular 7:00 p.m. " March 18 Regular 7:00 p.m. April 1 Regular 7:00 p.m. " April 15 Regular 7:00 p.m. " May 6 Regular 7:00 p.m. " May 20 Regular 7:00 p.m. " June 3 Regular 7:00 p.m. It June 17 Regular 7:00 p.m. It July 1 Regular 7:00 p.m. it July 15 Regular 7:00 p.m. It August 5 Regular 7:00 p.m. 11 August 19 Regular 7:00 p.m. " September 2 Regular 7:00 p.m. " September 16 Regular 7:00 p.m. " October 7 Regular 7:00 p.m. " October 21 Regular 7:00 p.m. November 4 Regular 7:00 p.m. " November 18 Regular 7:00 p.m. " December 2 Regular 7:00 p.m. " December 16 Regular 7:00 p.m. T:\PC Meeting Schedule\PC Meeting Schedule 2008_DRAFT.doc 6907 EL CAMINO REAL, ATASCADERO, CA 93422 . (805) 461-5000 • FAX (805) 461-7612 ITEM NUMBER: 4 DATE: 12-1 R -n7 Atascadero Planning Commission Staff Report - Community Development Department PLN 2007-1230 7085 EI Camino Real Carl's Jr. (Atascadero Enterprises / CKE Restaurants, Inc.) RECOMMENDATION: Staff Recommends Planning Commission: Adopt Resolution PC 2007-0098, certifying Proposed Mitigated Negative Declaration 2007-0025 and approve Conditional Use Permit 2007-0217 to allow a drive-through restaurant at 7085 EI Camino Real based on findings and subject to conditions of approval and mitigation monitoring. REPORT -IN -BRIEF: The proposed project consists of an application for a Conditional Use Permit (CUP) to allow a drive-through restaurant on a currently vacant commercial pad in the existing Vons Shopping Center. The proposed restaurant will share the site with the previously approved Lube -n -Go facility, which is currently under construction. No native trees are proposed for removal and the project will take access from EI Camino Real and off a shared access easement on the adjacent shopping center parcel. The access driveway off of EI Camino Real will be shared with the Lube -n -Go facility. An exit only driveway is proposed for the drive-through component of the restaurant onto EI Camino Real. DISCUSSION: Situation and Facts: 1. Owner: Atascadero Enterprises, 2505 Theatre Drive, Ste. A, Paso Robles, CA 93446 2. Applicant: CKE Restaurants Inc, 401 W. Carl Karcher Way, Anaheim, CA 92801 3. Project Address 7085 EI Camino Real, Atascadero, CA 4. General Plan Designation 5. Zoning District: 6. Site Area 7. Existing Use 8. Environmental Status DISCUSSION: Promect Definition ITEM NUMBER: DATE: General Commercial Commercial Retail Lube -n -Go currently under construction Proposed Mitigated Negative Declaration 2007-0025 The proposed project consists of a request to establish a drive-through restaurant located at a vacant commercial site within the Vons Shopping Center at 7085 EI Camino Real. The Master Plan of Development includes a main dining building with outdoor patio areas for restaurant patrons and a drive-through facility facing the interior of the site. Background Surrounding Land -Use and Setting North: Vons Shopping Center & Residential South: 101 Freeway East: Vons Shopping Center & Residential West: Vons Shopping Center & Downtown On May 19, 2005, the Planning Commission voted 5- 2 to approve a proposed Lube `N' Go with carwash facility at the project site. ITEM NUMBER: 4 DATE: 12-1 R-07 On November 1, 2005, the Planning Commission approved minor revisions to the building elevations and site plan which included conditions of approval in anticipation of a drive-through restaurant being constructed on the approved commercial pad. The proposed Conditional Use Permit application would allow of build -out of the site with a drive-through restaurant. The access driveways and parking would be shared throughout the site. The applicant has also received shared parking agreements from the adjacent parcels in the center. ANALYSIS: Drive-through restaurants are a conditionally allowed use in the Commercial Retail Zone. The Conditional Use Permit process allows the Planning Commission and interested members of the community a chance to review the project and mitigate any potential impacts. In general, conditional uses require additional review based on the nature of the use itself rather than just the appearance of the building and site as reviewed as part of a Master Plan of Development. Site Plan / Parkina / Landscaai The proposed drive-through restaurant is in an existing shopping center with shared access and parking agreements. The building is oriented to EI Camino Real with an outdoor seating patio along the EI Camino Real frontage. Parking lot shade trees are provided throughout the project area with drought tolerant landscaping and ornamental grasses used in smaller planters. The drive-through lane and service window are located on the northern elevation of the building with right -turn -only egress provided onto EI Camino Real. The proposed building is elevated approximately 3.5 -feet above sidewalk grade to meet site drainage and parking lot slope requirements set by the elevation of the adjacent Lube -n -Go facility. ITEM NUMBER: 4 DATE: 12-1 R-07 Appearance Review The proposed restaurant is designed to be architecturally compatible with the approved Lube -n -Go building. Architectural features includes tower elements with tile roofs, stone veneer accents at the building base, stylized trim details, and decorative awnings. In addition, the proposed building includes trellis and arbor accents located around the building to increase landscape opportunities and provide a layering of architectural elements that break up the main building fagade. Building colors are earth -toned and chosen to be consistent with the colors on the approved Lube -n -Go building. V�COD SINN WEST ELEVATION I OLDSEDONA I TORip SE SHELL Ili: .;_�.....�II.� STED CHESTNU F��++ +"•y�•1�.�� I FUNKTROA ALUM TRIM TORTOISESHELL SCARLET SUPREME CULTURED STONE EAST ELEVATION ITEM NUMBER: 4 DATE: 12-1 R-07 Signage The applicant is proposing one sign on each elevation resulting in three signs facing the parking lot and one sign facing EI Camino Real. Each sign would be internally lit. The larger signs located on the east, south, and west elevation would be approximately 46 square -feet. The smaller sign on the south elevation would be approximately 35 square - feet. As proposed, the applicant is requesting a total of 173 square -feet of building signage, 48 square -feet above the maximum signage permitted without approval of a CUP. The applicant is requesting that the Planning Commission approve this request for additional signage. Signage would also be located on the approved monument sign which would be shared by the drive-through restaurant and the Lube -n -Go business. The proposed monument sign conforms to the Atascadero Municipal Code and previous project approval. 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. Land Use Policy 2.1: "Ensure that new development is compatible with existing and surrounding neighborhoods". Implementing General Plan programs requires appearance review of architectural design, materials and color, and landscaping to improve the appearance along EI Camino Real, and incorporate architectural themes into the site and building design. As analyzed above, the proposed project, as conditioned is consistent with the General Plan. In staff's opinion the proposed drive-through restaurant is consistent with the goals and policies of the Land Use Element. As conditioned, the project incorporates 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. ITEM NUMBER: 4 DATE: 12-1 R -n7 Findings Conditional Use Permit A Conditional Use Permit is required for all drive-through 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 and 2.1. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. Staff Comment: As conditioned, the project satisfies all conditional use permit and Planned Development zoning code provisions for a commercial development. 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 project has been designed to enhance the appearance along EI Camino Real with high quality architecture and compatible landscaping. The project site has been designed with the buildings oriented to the street frontage with parking to the rear, providing a pedestrian oriented development. 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 ITEM NUMBER: 4 DATE: 12-1 R -n7 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 can be made. Proposed Environmental Determination A Draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on November 9, 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 design features incorporated into the proposed project, 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 2007-0025. Conclusion The proposed project represents an infill commercial project within the Commercial Retail Zone. The Master Plan of Development covers all site development, landscaping and architectural design standards for the project. The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this Staff Report. It is staff's opinion that the proposed project, as conditioned, allows the Planning Commission to make all of the required findings for project approval. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. ITEM NUMBER: 4 DATE: 12-1 R-07 3. The Commission may deny the project. The parcel would retain its designation of Commercial Retail. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kelly Gleason, Senior Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Proposed Mitigated Negative Declaration and Initial Study Attachment 3: Draft Resolution 2007-0098 ITEM NUMBER: 4 DATE: 19.1 a_m Attachment 1: Location Map, General Plan and Zoning Zoning District: Commercial Retail General Plan Designation: General Commercial ITEM NUMBER DATE: 12-18-07 Attachment 2: Proposed Mitigated Negative Declaration and Initial Study ITEM NUMBER: 4 DATE: 12-18-07 Attachment 3: Draft Resolution PC 2007-0098 DRAFT RESOLUTION PC 2007-0098 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2007-0025 AND APPROVING PLN 2007-1230/CONDITIONAL USE PERMIT 2007-0217 ON APN 030-081-024 (7085 El Camino Real / Carl's Jr.) WHEREAS, an application has been received from Atascadero Enterprises, LLC, (2505 Theatre Dr. Ste. A, Paso Robles, CA 93446), Owner and CKE Restaurants, Inc. (401 W. Carl Karcher Way, Anaheim, CA 92801) Applicant, to consider a project consisting of a Conditional Use Permit (CUP 2007-0217) for a drive-through restaurant at 7085 El Camino Real (APN 030- 081-024); and, and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); WHEREAS, the site's current zoning district is Commercial Retail (CR); and, WHEREAS, Drive-through restaurants are a Conditional Use in the Commercial Retail zone; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2007-0025 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 December 18, 2007, studied and considered the Conditional Use Permit 2007-0217, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, ITEM NUMBER: 4 DATE: 12-1 R -n7 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. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 18, 2007, resolved to approve the Conditional Use Permit 2007- 0217 subject to the following: On motion roll call vote: ITEM NUMBER: 4 DATE: 12-1 R-07 EXHIBIT A: Proposed Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Landscape Plan EXHIBIT E: Floor Plans EXHIBIT F: Elevations EXHIBIT G: Color and Materials Board by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Joan O"Keefe Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 12-18-07 Exhibit A Proposed Mitigated Negative Declaration 2005-0047 See Following ITEM NUMBER: DATE: 12-18-07 EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program Conditional Use Permit 2007-0217 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 7085 El Camino Real GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services PLN 2007-1230/CUP 2007-0217 TO: Temporary Occupancy BS: Building Services FO: 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 associated site improvements as described on the attached exhibits and located on parcel 030-081-024 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 with the following modifications: ■ All exterior material finishes shall be durable, high quality, and consistent ITEM NUMBER: DATE: 12-18-07 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 7085 El Camino Real GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services PLN 2007-1230/CUP 2007-0217 TO: Temporary occupancy BS: Building Services F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney with the architectural appearance. ■ All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures; ■ Any exterior light fixtures shall be compatible with building design, subject to staff approval. • The stone veneer on the tower elements shall extend to the top of the awnings and shall include a decorative cap. ■ The stone veneer base shall be a minimum of 3.5 -feet high and shall include a decorative cap. ■ The parapet cap/trim molding shall be decorative in nature and shall be subject to staff approval. ■ The tower roofs shall overhang a minimum of 2 -feet. All portions of the roof (tile, rafter tails, etc) shall extend this distance. ■ Accent banding shall be consistent with the parapet cap, subject to staff approval. ■ Final color selection shall include compatible earth toned colors, subject to staff approval. Colors shall be consistent with the approved adjacent building. 8. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, Master Plan of Development as shown in EXHIBIT C and D, and shall CE include the following: ■ Outdoor eating/patio area shall include a minimum of 2 high quality tables with chairs and shall be installed prior to final. ■ The retaining wall along the sidewalk shall be clad in stone veneer to match the building base. 9. A final landscape and irrigation plan shall be approved prior to the issuance BP PS, BS of building permits and included as part of site improvement plan consistent with EXHIBIT D, and as follows: • All exterior meters, air conditioning units, and mechanical equipment ITEM NUMBER: DATE: 12-18-07 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 7085 El Camino Real GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services PLN 2007-1230/CUP 2007-0217 TO: Temporary occupancy BS: Building Services F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 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. ■ A minimum of one shade tree shall be provided along the EI Camino Real frontage within the proposed patio area. ■ Street and landscape trees shall be minimum 15 -gallon size and double staked. ■ All landscaping shall be drought tolerant or shall consist of ornamental grasses for screening including along the drive-through side of the building and around the proposed trash enclosure. Grasses shall also be included along the drive-through side retaining wall planter. ■ The retaining wall along the drive-through side shall be constructed of dark color split face block or similar 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 monument sign shall include materials and colors compatible with the approved building design, including a stone veneer base and decorative cap, subject to staff approval. 12. The main distribution panel shall be exterior type and shall not be located within an enclosure that limits the accessibility of the site or minimizes proposed landscaping. 13. The drive-through signage shall be located in the larger planter areas adjacent to the rear property line, subject to staff approval. No signage shall be located on neighboring properties without permission from the adjacent property owner. Public Works Conditions Public Improvements: 14. There will be a two -foot wide planter in front of the retaining wall adjacent to EI Camino real. The planter must be installed on the applicant's property. The public works director may allow the planter to be in the right-of-way of the applicant can show that it is totally infeasible to locate the planter on ITEM NUMBER: DATE: 12-18-07 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 7085 El Camino Real GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services PLN 2007-1230/CUP 2007-0217 TO: Temporary occupancy BS: Building Services F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney their property. Irrigation water will not be allowed to drain across the sidewalk. All irrigation, regardless of the location of the planter, will be supplied by the applicant in perpetuity. Standard Conditions: 15. The applicant shall be responsible for the protection, relocation and/or alteration of existing utilities. 16. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. 17. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 18. Prior to issuance of building permits, the applicant shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 19. Prior to the final inspection, all outstanding plan check and inspection fees shall be paid. 20. Prior to the final inspection, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC). Mitigation Measures Mitigation Measure 1.d.1: All exterior lighting, including parking lot lighting, BP BS, PS, 1.c.1 shall be designed to eliminate any off site glare. All exterior site lights shall CE 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: No person shall engage in any construction or BP BS, PS, 1.c.2 grading operation on property CE where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: ITEM NUMBER: DATE: 12-18-07 Conditions of Approval / Timing Responsib Mitigation Mitigation Monitoring Program ility Measure /Monitorin BL: Business License 9 7085 El Camino Real GP: Grading Permit Conditional Use Permit BP: Building Permit FI: Final Inspection PS: Planning Services PLN 2007-1230/CUP 2007-0217 TO: Temporary occupancy BS: Building Services F0: Final Occupancy FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney (A) Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. Mitigation Measure 6.b.1: The grading permit application plans shall include BP BS, PS, 1.d.1 erosion control measures to prevent soil, dirt, and debris from entering the CE storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be submitted with a BP, GP BS, PS, 3.b.1 future building permit by the building department. CE Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all GP PS, BS, 6.b.1 contractors are aware of all storm water quality measures and that such CE measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 15A.1: All traffic control design features required by the BP, GP PS, BS, 6.c.1 project traffic engineer and the City Engineer will be implemented during the CE building permit process. Ingress and egress will be limited to right -in, right -out movements only. EXHIBIT C: Master Plan of Development/Site Plan ECEIVED NOV 2 2007 HUNITY DEVELOPMENT 6 ITEM NUMBER: 4 DATE: 12-18-07 F' F 9i ai;i Fwa si .� � S ' r "' -»saves S xxx'x CKE VERSION - PHOTOTYPE T24 - CW 2001 Sp6 i WEPuw I o CKE� I D I I3I°I r r I`I � mo-wls EXHIBIT D: Landscape Plan ITEM NUMBER: 4 DATE: 17-1 st—n7 PLANT LEGEND TREE SYMBOLS s.HRuB/PERENWAL SYMBOLS ITEM NUMBER DATE: 12-18-07 EXHIBIT E: Floor Plan (ME V91&aN-F'ROTU�rYt ILn-wu aur R 1 tl tl i D D D D D Flom P. II I`rrrlI II I lii � � �� _ C -r s ti +i�tl t t t •ate --- {' ;Fjj R ;R A � (ME V91&aN-F'ROTU�rYt ILn-wu aur R 1 tl tl i D D D D D Flom P. II I`rrrlI II I lii � � �� _ ITEM NUMBER: DATE 1218-07 EXHIBIT RElevations > e. 411 _ . |§ / ƒ� [ _A | k � � ! fit � c. � / \"o, r -;a I if - 7 | | [- � % ® | ` • ii � " / ƒ ![ . . --- - - � % > { • ! � \I �' > e. 411 _ . |§ / ƒ� [ _A | ITEM NUMBER DATE 1218-7 EXHIBIT RElevations > �'v ;\^ �[ | 11T[Nfl . !! !! } G � j J :( _ § _ ; § - x q \ till! | - - • �� ƒF�iA q�m , ¢¢ > �'v ;\^ �[ | 11T[Nfl . ITEM NUMBER: 4 DATE: 19-1 R_n7 EXHIBIT G: Color and Materials Board See project file for specific proposed color selections m i m m jl D I ii r if m Rl O Isl D 2 i LtJ LrJ. O Z �l O !LL?LLL z:' C Z m < r �l m EJ — yyAg G EJ rBfE#k�p �J > F Fz Z —� lel rEiFiEEEL! See project file for specific proposed color selections ITEM NUMBER: 5 DATE: 12-18-07 Atascadero Planning Commission Staff Report - Community Development Department PLN 2007-1216 7580 Castano Avenue Front Setback Reduction and Oversized Garage (Byrd) SUBJECT: The proposed project consists of a Conditional Use Permit to allow an oversized garage and a front setback reduction on a sloping lot. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2007-0057 approving Conditional Use Permit 2007-0215 (PLN 2007-1216) based on findings and subject to Conditions of Approval. SITUATION AND FACTS: 1. Owner/ Applicant: Leonard Byrd 7580 Castano Ave, Atascadero, CA 93422 2. Project Address: 7580 Castano Ave, Atascadero, CA 93422 (San Luis Obispo County) APN 029-141-015 3. General Plan Designation: Single Family Residential -Y 4. Zoning District: Residential Single Family -Y 5. Site Area: 0.3 acres 6. Existing Use: One single-family residence 7. Environmental Status: Exempt per CEQA Section 15303: New Construction or Conversion of Small Structures DISCUSSION: Background Project Site r Surrounding Land Use and Setting: North: Residential Single Family -Y South: Residential Single Family -Y East: Residential Single Family -Y West: Residential Single Family -Y The project location is zoned Residential Single Family -Y (minimum lot size is one acre). The project site is 0.3 acres and is currently developed with one 1122 sq. ft. single-family residence, one storage shed, and the subject garage. The Conditional Use Permit request for the oversized garage and front setback reduction is regarding the detached garage on the property. The subject garage was originally cited as a code enforcement case in 2005 for a structure built without permits. In September of 2005, the applicant applied for a building permit to legalize the 17 -foot by 26 1/2 -foot, two story structure (901 square feet total size.) Due to it's location in the front setback and the size of the structure, as built permits could not be issued without approval of a Conditional Use Permit. In May of 2007, the applicant submitted a Conditional Use Permit application for an oversized accessory structure and front setback reduction on a sloping lot. The Public Works Department requested a front property line survey. The applicant obtained a survey which showed that front wall of the structure extended in into the public right-of- way 1'/2 feet. The current proposal includes a partial demo of the structure to comply with conditions of approval to maintain a minimum 5 -foot front setback. If the CUP is not approved, the entire structure will need to be removed. ANALYSIS: Zonina Ordinance Conformance Accessory Structure Size: The Atascadero Municipal Code limits the size of accessory structures to 50% of the size of the main residence. Since the main residence on the property is 1122 square feet, Conditional Use Permit approval is required in order to permit any accessory structure over 561 square feet. The proposed structure includes a partially enclosed patio space above the garage, and therefore requires approval for the structure to exceed 50% of the size of the main structure. 9-6.106 Residential accessory uses. "Floor Area. The gross floor area of a detached accessory structure is not to exceed fifty percent (50%) of the gross floor area of the principal structure." "Detached accessory structures that exceed size requirements are subject to the approval of a minor conditional use permit. " Front Setback: Front setbacks in the Residential Single Family Zone are required to be 25 feet from the edge of the right-of-way. The Municipal Code allows a front setback reduction of up to 5 feet from the right-of-way for a garage on a sloping lot, with Administrative Use Permit or Conditional Use Permit approval. 9-4.106 Front setbacks. "Sloping Lot Adjustment. In any case where the elevation of the natural grade on a lot at a point fifty (50) feet from the centerline of the adjacent street right-of-way is seven (7) feet above or below the elevation of the centerline, a private garage may be located, at the discretion of the applicant, as close as five (5) feet to the street property line, pursuant to Section 9-1.112 of this title, provided that portions of the dwelling other than the garage shall be established at the setback otherwise required. " Site and Buildina Desian The site survey done on the subject property showed that the subject structure is actually built 1'/2 feet into the right-of-way. Therefore, in order to meet the minimum 5 - foot setback allowed with the Conditional Use Permit, the applicant is proposing to remove 6'/2 feet from the front of the structure. The as built structure would be reduced in size from 26 1/2 feet deep to 20 feet deep. The total square footage of the structure, including the second story patio, would therefore be a total of 680 square feet. The proposed application includes a request to allow the additional 119 square feet above the allowed 50% of the main residence. A building permit would be required to be obtained prior to any work being done on the building. The site survey also found the retaining wall next to the garage is located just over 3 feet into the right-of-way. As a condition of the Use Permit, the retaining wall must be removed from the right-of-way and permits must be obtained for construction of a new retaining wall as required by the Building Code and Municipal Code. A topographic survey has not been done on the site, however, the difference in grade levels can be seen by the height of the stairs on the side of the garage and the slope as the hill continues behind the garage. The Municipal Code requires that there must be a minimum of a 7 -foot difference in grade between the center line of the right-of-way and a point 50 feet in from the centerline. Based on the height of the stairs and the location of the garage in relation to the hill behind, there appears to be approximately an 8 foot elevation change at a point 50 feet from the centerline of the street. Existing Floor Plan (Structure built in right-of-way) •.. ■ 17' � i G,r�t< C�ITrIi i i ir/ 3/e i. •t/, I a .fry il. R •.■ � oPLN IAaAl.E i�- i � � ��•� EFIS'f/N4 5��3 F�ovlt i 1 -- li t1(STINh ,',rfEM w0.ty I •, �.1 (F -)IV W -Wt, Foocwq W i4ryi bnR7�1S I - 911�' 4 nt Proposed Floor Plan (Must remove 6 % feet from the front of the garage to meet 5' setback) oy�N e,49A E i •• I•• : E!C 15r/N() S( •• I �'. y • SIC rST/Nc1 .i�A3-FLool� i 2+ Si+p Phn+nc Looking west toward the as -built garage. d Looking north along Castano Avenue. r-IUPUZPUU OILW r-ldll 0 61- -A* Gig C. It 41 7, RM NOI lCOMMUNI 05 a O Wir Site Survey ♦ Edge f r.o.w Center line of street (40' total width) Retaining wall must be removed from the r.o.w. and pulled back to the property line N Existing Concrete Wall CIO 6'/2 feet must be removed from the front of the garage to meet the 5' setback Existing Block Wa11 (9—age) Findinas Conditional Use Permit A Conditional Use Permit is required for granting of the requested additional 119 square feet to the detached garage structure. The Conditional Use Permit is also required for granting of the requested front setback reduction from the allowed 25 feet to 5 feet for a garage on a sloping lot. The Planning Commission must make the following findings to approve the oversized garage and sloping lot setback adjustment. If the Commission chooses to deny the project, site specific findings for denial must be sited. 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 Single -Family Residential designation of the General Plan and the Appearance Review Manual. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the project satisfies all zoning code provisions related to single-family development with Planning Commission approval of the exceptions, including size and location. 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 development will not be detrimental to the general public or working persons health, safety, or welfare. By removing 6'/2 feet from the front of the structure, the structure will not have potential to interfere with the public right-of-way of cause any sight distance problems. 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 project is consistent with the surrounding neighborhood uses and development on sloped sites. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. 6. The proposed project will not result in the authorization of a use not otherwise allowed. Staff Comment: With the partial demo of the building which is conditioned with this project, the structure will be brought into conformance with all applicable building and zoning codes. 7. The proposed project will not result in a project that is not in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Staff Comment: The Municipal Code allows for a front setback reduction on a sloping lot and oversized garage with Planning Commission approval. If Planning Commission approved the use permit and building permits are obtained, the site will be brought into conformance with all City ordinances and policies. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Conditional Use Permit can be made. Proposed Environmental Determination The proposed project qualifies as Exempt per CEQA Section 15303: New Construction or Conversion of Small Structures. Conclusion In order to close the code enforcement case on the property and bring the structure into zoning and building code conformance, the applicant is requesting a front setback reduction and approval for an oversized garage. To meet the 5 -foot setback from the right-of-way, the project is conditioned to remove 6'/2 feet from the front of the structure. The total size of the structure is proposed to be 680 square feet, which exceeds 50% of the size of 1122 square foot residence, and therefore requires Planning Commission approval. With the conditioned partial demo and Planning Commission approval, building permits could be issued and the structure could be brought in to conformance with all applicable building and Municipal Code regulations. ALTERNATIVES: 1. The Commission may approve the request for a Conditional Use Permit. 2. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. 3. The Commission may deny the request 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. If the request is denied, the entire structure would be required to be removed. PREPARED BY: Callie Taylor, Associate Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Categorical Exemption Attachment 3: Draft Resolution PC 2007-0057 Attachment 1: Location Map, General Plan and Zoning '5ite Zoning: RSF-Y (Residential Single Family -Y) General Plan Designation: SFR -Y (Single Family Residential -Y) ATTACHMENT 2: Categorical Exemption -s��, sewn7Jz- CITY OF ATASCADERO NOTICE OF EXEMPTION 6907 EI Camino Real Atascadero, CA 93422 805.461.5000 TO: ® File Daie Reeeivedfor-ilin RECEIVED FROM: City of Atascadero DEC 10 2007 Community Development Department 6907 EI Camino Real Atascadero, CA 93422 COMMUNITY DEVELOPMENT SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code Project Title CUP 2007-0215 /PLN 2007-1216 Project Location (Include County) 7580 Castano, Atascadero, CA 93412 (San Luis Obispo County) Project Description A 680 square foot, detached accessory garage which exceeds 50% of the square footage of the main residence. The applicant is requesting a .sloping lot front setback reduction to allow the structure to be located five feet form the right of way. Name of Public Agency Approving Project City of Atascadero Name of Person or Agency Carrying Out Project Leonard Byrd; 7580 Castano, Atascadero, CA 93421 Exempt Status: ❑ Ministerial (Sec. 21080 (b)(1); 15268) ❑ Declared Emergency (Sec. 21080(b)(3); 15269(a)) ❑ Emergency Project(Sec.21080 (b)(4);15269(b)(c)) ® Categorical Exemption (Sec. 15303 (e), New Construction or Conversion of Small Structures) Reasons why project is exempt: Class 3 of the California Environmental Quality Act (CEQA) (Section 15303, New Construction or Conversion of Small Structures) exempts construction and location of limited numbers of new, small facilities or structures, including accessory structures such as garages and carports (i Date: December 10, 2007 Callie Taylor Associate Planner ATTACHMENT 3: Draft Resolution PC 2007-0057 DRAFT RESOLUTION PC 2007-0057 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2007-1216 / CONDITIONAL USE PERMIT 2007-0215 ON APN 029-141-015 (7580 Castano Avenue / Byrd) WHEREAS, an application has been received from Leonard Byrd (7580 Castano Ave, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a Conditional Use Permit for an oversized detached garage and a front setback reduction (2007- 0215); and, WHEREAS, the site's General Plan Designation is SFR -Y (Single Family Residential); and, WHEREAS, the site's current zoning district is RSF-Y (Residential Single Family -Y); and, WHEREAS, a Conditional Use Permit is required to allow an accessory structure larger than 50% of the primary structure's square footage, and to allow a reduction of the front setback on a sloped lot; and, WHEREAS, the proposed project qualifies for an Categorical exemption consistent with CEQA section 15303 New Construction or Conversion of Small Structures; 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 entitlements; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on December 18, 2007, studied and considered Conditional Use Permit 2007-0215; and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been found Categorically Exempt under Class 3, Section 15303 of the California Environmental Quality Act. SECTION 2. Findings for approval of oversized garage. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 3. Findings for approval of sloping lot adjustment. The Planning Commission finds as follows: 1. The proposed project, as conditioned, is consistent with the General Plan. 2. The proposal, as conditioned, will not 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. 3. The proposal will be consistent with the character of the immediate neighborhood. 4. The proposed project will not result in the authorization of a use not otherwise allowed. 5. The proposed project will not result in a project that is not in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. SECTION 4. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on December 18, 2007, resolved to approve Conditional Use Permit 2007- 0215 to, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Survey EXHIBIT C: Site Plan EXHIBIT D: Floor Plan & Section On motion by Commissioner , and seconded by Commissioner 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 the EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program (CUP 2007-0215) Conditions of Approval / Timing Responsibility Mitigation Monitoring Program /Monitoring PS: Planning Services BL: Business License BS: Building Services 7580 Castano Avenue GP: Grading Permit FD: Fire Depadment PLN 2007-1216/CUP 2007-0215 BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney Planning Services 1. This conditional use permit shall be for a front setback reduction for an BP PS oversized garage located on parcel 029-141-015 regardless of owner. 2. The approval of this use permit shall become final and effective for the BP PS purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BP PS, CE approve the following minor changes to the project that (1) modify the site plan project by less than 10%, and/or (2) result in a superior site design or appearance. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months BP PS after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant and/or subsequent owners shall defend, indemnify, and hold On going PS harmless the City of 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 proposed development. 6. Applicant shall obtain all required building permits to bring the structure into BP PS, CE, BS conformance. 7. A minimum setback of 5 feet shall be maintained from the right-of-way. The BP, FI PS, BS, CE structure shall be brought into conformance with this provision by removing 6 '/2 feet from the front of the existing structure. 8. The retaining wall shall be removed from the right-of-way. A building permit BP, FI CE, BS shall be obtained for the relocation or removal of retaining wall as required by the Municipal Code. 9. Applicant to install a City standard 425 driveway approach from the existing BP, FI CE concrete driveway to the edge of street pavement. 10. All buildings and retaining walls to be re -located outside of street right -of- BP, FI CE way 11. The size of the structure shall not exceed 680 sq. ft. (20 feet by 17 feet, 2 BP PS stories in height) as shown in Exhibit D. EXHIBIT B: Site Survey Found Iron Pipe—, (centerline) / / ZO n0 v Existing Concrete Wall RIECE V r AUG 0 3 2007 ''OMMUNTt DEVELOPlE T �9 cJa O 9G G lip .6•,69 � ids I '.i• Existing Block Wall (garage) F. .jV, Exp. Sept 30, ZD08 � 20 No. 4562 �q GRAP,fC SCS lgrF S S OF CA1�F�� 0 1 in=b = 70 !;. Joe ,"i c. EXHIBIT C: Site Plan 'fp' v, 4, -9 At RECEIVED NOV 2 0 2007 COMMUNITY DEVELOPMENT EXHIBIT D: Floor Plan & Section arc V- ,1��c W- �4�.ori-Q��,�— nsz m Econ 3/1 QMH 4 -�ug (2Sl5tLVt_ �'U JL4 SS A _ dP t LjxyTso•J 2u' t 17' ' .tt I � �I " � OPEN �f1RAC.E. rsrl"o S� z t,/ (5T I NCc &r( -.o- w A"L (tJ)15 wxi 6 D FoccnlU uJ (i)�ti )- tbArUT