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Home My WebLink AboutPC_2006-09-05_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, September 5, 2006 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Beraud Vice Chairperson O'Keefe Commissioner Fonzi Commissioner Jones Commissioner Kelley Commissioner Porter Commissioner Slane 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 September 5, 2006 Page 2 of 5 (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 AUGUST 15, 2006. 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. PLN 2006-1115/TENTATIVE TRACT MAP 2006-0087 Owner: Kelly Gearhart, Morro Road Homes, LLC, 6205 Alcantara Ave., Atascadero, CA 93422 Project Title: PLN 2006-1115/Tentative Tract Map 2006-0087 Project 8315 Morro Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-242-012 Project The project consists of a proposed condominium map to create five (5) airspace units (3 Description: residential, 1 commercial, 1 mixed-use) on one common lot. The lot is currently under construction. General Plan Designation: General Commercial (GC) Zoning District: Commercial Professional (CP) Proposed Consistent with previously certified Mitigated Negative Declaration 2004-0015. Environmental (GPA 04-0013) Determination: City of Atascadero Planning Commission Agenda Regular Meeting September 5, 2006 Page 3 of 5 3. PLN 2006-1145/CONDITIONAL USE PERMIT 2006-0192 AMENDMENT Owner: Mission Oaks, 2290 El Camino Real, Atascadero, CA 93422 Applicant: SLO Garden Partners, LLC, 444 Hi uera St., Ste. 200, SLO, CA 93401 Applicant: Tom Murrell, 505 Higuera St., #105, SLO, CA 93401 Project Title: An Amendment to the Master Sign Program created for the Factory Outlets, CUP 1991-04 Project 2300 El Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-141-056 Project Proposed revision to the retail center planned sign program, including provision for tenant Description: identification signage on the existing freeway pylon sign. General Plan Designation: CPK (Commercial Park) Zoning District: CPK (Commercial Park) Proposed CEQA Categorical Exemption, Class 1 Existing Facilities. Environmental Zoning District: Commercial Retail (CR) Determination: Consistent with Certified Mitigated Negative Declaration 2005-0063. 4. PLN 2099-0878/GPA 05-0015/ZCH 2005-0104, 0105/CUP 2005-0170/TTM 2005-0076 AMENDMENT Owner: The Acacias Development, LLC, 2004 Dallons Dr., Ste. 100, Paso Robles, CA 93446 Applicant: JRW Group, Inc., 2004 Dallons Dr., Ste. 100, Paso Robles, CA 93446 Project Title: PLN 2099-0878/GPA 2005-0015/ZCH 2005-0104, 0105/CUP 2005-0170/TTM 2005-0076 Amendment Project 4705, 4711, 4713 El Camino Real, Atascadero, CA 93422 Location: San Luis Obispo County) APN 029-271-001 Project The project consists of a request to amend previously approved Conditional Use Permit Description: Condition #25 and Mitigation Measure #15a which are both regarding project -specific traffic mitigation and potential future improvements to San Anselmo Road between El Camino Real and U.S. Highway 101. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) Proposed Consistent with Certified Mitigated Negative Declaration 2005-0063. Environmental Determination: COMMISSIONER COMMENTS AND REPORTS City of Atascadero Planning Commission Agenda DIRECTOR'S REPORT ADJOURNMENT Regular Meeting September 5, 2006 Page 4 of 5 The next regular meeting of the Planning Commission will be on September 19, 2006 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 September 5, 2006 Page 5 of 5 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: 9-5-06 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, August 15, 2006 — 7:00 P.M. Chairperson Beraud called the meeting to order at 7:00 p.m. and Commissioner Porter led the Pledge of Allegiance. ROLL CALL Present: Commissioners Fonzi, Chairperson Beraud Absent: Vice Chairperson O'Keefe Jones, Kelley, Porter, Slane and Staff Present: Community Development Director Warren Frace, Public Works Director / City Engineer Steve Kahn, Deputy Community Development Director Steve McHarris, Associate Planner Kelly Gleason, Associate Planner Kerry Margason and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Commissioner Jones and seconded by Commissioner Porter to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT None PC Draft Minutes 08/15/05 Page 1 of 7 CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON AUGUST 1, 2006. MOTION: By Commissioner Jones and seconded by Commissioner Fonzi to approve Item #1. Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS Community Development Director Warren Frace gave a report on tree protection for the Las Lomas project. Bruce Barnhart, applicant, spoke about the project, the condition of the existing trees and current tree protection on the site. Mr. Barnhart answered questions of the Commission. Ted Elder, applicant's arborist, reported on the conditions of specific trees on the site and the proposed tree protection plan. Mr. Elder answered questions of the Commission. There was Commission consensus that the applicant's arborist will provide a bi- weekly report to staff and that there will be a quarterly report back to the Planning Commission. PUBLIC HEARINGS 2. PLN 2006-1121/TENTATIVE PARCEL MAP 2006-0085 Owner: Kelly Gearhart, Mono Road Homes, LLC, 6205 Alcantara Ave., Atascadero, CA 93422 Project Title: PLN-2006-1121/Tentative Parcel Map 2006-0085 Project 8905 Montecito Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 056-071-012 Project The proposed subdivision of a commercial property to create 3 commercial parcels. Description: General Plan Designation: GC Zoning District: CT Proposed Categorical Exemption: CEQA Section 15315: Minor Land Divisions Environmental Determination: PC Draft Minutes 08/15/05 Page 2 of 7 Associate Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Jamie Kirk, applicant's representative, spoke about the project and stated in they are in agreement with the Staff Report with the exception of Condition No. 7. Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner Jones to adopt Resolution PC 2006-0072 approving TPM 2006- 0085, based on findings and subject to conditions of approval, and removing Item No. 7 of the Conditions of Approval and adding a condition that would be a landscape maintenance agreement between all the associated properties. Motion passed 6:0 by a roll -call vote. 3. PLN 2006-0109/TENTATIVE PARCEL MAP 2006-0082 Owner: David Graves, 4155 Carrizo Road, Atascadero, CA 93422 Project Title: PLN 2099-0109/Tentative Parcel Map 2006-0082 (AT 05-0278) Project 3625 Ardilla Road, Atascadero, CA 93422, Location: San Luis Obispo County APN 054-043-006 Project A proposed subdivision of an existing 5.8 net acre lot into two individual parcels of 2.88 and Description: 2.91 gross acres. The site is currently vacant and is proposed to be developed with 2 single family residences. The lot split will provide 2 parcels with road frontage on Ardilla Road. The parent parcel has an average slope of greater than 20% and both proposed building envelopes have slopes of greater than 20%. There are several native trees on the property. Onsite septic will serve the property and water is available from Atascadero Mutual Water Company. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Negative Declaration is available for public review from 7/27/06 Determination: through 8/15/06 at 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 .m., Monday through Friday. Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. A revised arborist report was distributed to the Commission. (Exhibit A) PUBLIC COMMENT Ken Wilson, applicant's representative, spoke about the project and asked the Commission to consider making the open space easement on parcel #1 half of its PC Draft Minutes 08/15/05 Page 3 of 7 current size and on parcel #2 for the open space to remain the same but with the border line angled. Mr. Wilson answered question of the Commission. David Graves, applicant, questioned the extent of the road given the cost factor and whether it would be dedicated to the city. Mark Ristow stated his concerns about drainage from the project, the fire truck turnaround, the open space easement and paving of the road. Carmen Lodise asked several questions regarding the proposed hammerhead, direction of the septic field, restrictions on building heights, impacts to wildlife, and fencing of the site. Chairperson Beraud closed the Public Comment period. City Engineer Steve Kahn addressed questions raised in the Public Comment period. PUBLIC COMMENT Mark Ristow restated his concerns regarding drainage from the site. David Graves stated he did not think retention basins were necessary as the stream does not back up. Gordon Babcock stated he formerly owned the parcel in question and addressed the issue of the culverts and drainage from the site. Chairperson Beraud closed the Public Comment period. Chairperson Beraud expressed concern that the tree report was not complete. She would like to include in the conditions that trees over 35% impacted would be bonded. MOTION: By Commissioner Kelley and seconded by Commissioner Porter to adopt Resolution PC 2006-0073 certifying Mitigated Negative Declaration 2006-0025 and approving Tentative Parcel Map 2006-0082 (AT 05-0278) dividing one parcel into two parcels, based on findings and subject to conditions of approval, and changing the condition regarding open space and modify the division line as discussed from the top of the map at an angle down through the intersecting point and along the contours of the property and keeping it close to an acre. Any drainage problems will be handled through the permit application and through the grading plan, and that the engineer of record addresses any drainage issues with that to be approved by the city engineer. At time of building permit there will be an amendment from the arborist addressing PC Draft Minutes 08/15/05 Page 4 of 7 mitigation for trees that are impacted greater than or equal to 40% (tree numbers 1, 16, 22, 23, 24, 25, and 26). Motion passed 5:1 by a roll -call vote. (Beraud opposed) Chairperson Beraud stated for the record she had voted no because she feels the trees should be bonded. Chairperson Beraud recessed the hearing at 8:26 p.m. Chairperson Beraud called the meeting back to order at 8:31 p.m. 4. PLN 2099-0922/ZCH 2005-0107/CUP 2005-0171/TTM 2004-0059 Owner: Gary & Mary P. Tharp, 5255 Traffic Way, Atascadero, CA 93422 Applicant: Jim Beck, 8665 Morro Road Suite E, Atascadero, CA 93422 Project Title: PLN 2099-0922/Zone Change 2005-0107, CUP 2005-0171, TTM 2004-0059 Project 2865 Ferrocarril, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-022-011 Project An application for a Zone Change, Conditional Use Permit, and Tentative Tract Map for a 5 Description: lot residential subdivision that will be developed under the requirements of the Planned Development Overlay #16 which allows for a clustered development in exchange for restricted open space areas. Chico Road is proposed for extension to access a cluster of four (1) one -acre lots. The existing house and support structures (except the barn, proposed for removal) will remain on proposed Lot 5. Proposed Lot 5 will continue to be accessed from the existing driveway off Ferrocarril Road. The riparian area along northeast side of the property will be preserved by an open space easement of approximately 1.57 acres. Project design also includes a pedestrian and equestrian trail to access the River Parcel from the Chico Road extension. No native trees are proposed for removal. General Plan Designation: Suburban Estate (SE) Zoning District: Residential Suburban (RS) 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: July 27, 2006 through August 15, 2006 at 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Ex Parte Communications ■ Chairperson Beraud stated she had met with a neighbor who lives at the end of Chico. Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. A letter from the Northern Chumash Tribal Council was distributed to the Commission. (Exhibit B) PC Draft Minutes 08/15/05 Page 5 of 7 PUBLIC COMMENT Jim Beck, owner, spoke about the changes he has made to the original project and his negotiations with the Water Company regarding their requirements. He expressed concern regarding the amount of room needed to meet all road requirements. Mr. Beck answered questions of the Commission. Oscar Munoz expressed concern regarding the proposed rise in grade and retaining wall at the back of his property and how it may restrict access to his property. Chuck Ditchfield stated his concerns that the rise in the grade of the proposed road would significantly impact his property and asked that any new road be maintained at the existing grade level. Barak Miles, project surveyor, explained why the grade of the road must be raised and retaining walls used. Oscar Munoz reiterated his concerns about the access at the back of his property. Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Chairperson Beraud to adopt Resolution PC 2006-0074 recommending that the City Council certify Proposed Mitigated Negative Declaration 2006-0022; and, adopt Resolution PC 2006-0075 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2005-0107 based on findings; and adopt Resolution PC 2006-0076 recommending that the City Council approve Conditional Use Permit 2005- 0171 to include the Master Plan of Development (EXHIBIT B) based on findings and subject to Conditions of Approval and Mitigation Monitoring: and, adopt Resolution PC 2006-0077 recommending the City Council approve Vesting Tentative Tract Map 2004-0059 based on findings and subject to Conditions of Approval and Mitigation Monitoring and that prior to going to the City Council the applicant and the adjoining neighbors come to a mutual agreement on any road easements, or egress or ingress conditions for the Chico Road extension, and to consult with both the Salinan and Chumash tribes during the phase 2 process, and include the Water Company and Fish and Game concerns regarding the negative declaration. Motion passed 6:0 by a roll -call vote. PC Draft Minutes 08/15/05 Page 6 of 7 COMMISSIONER COMMENTS AND REPORTS Commissioner Jones complimented staff on the exemplary housing report, and asked for guidance on areas where certain housing categories are saturated. Community Development Director Warren Frace stated that he will be reporting on the issue at the next City Council meeting and should get some feedback at that time. Commissioner Kelley asked if any projects were going forward on the north end of town near Home Depot. Director Frace stated the property in question is owned by Westar Development but at this point they have not come to the City with a project. Commissioner Fonzi inquired whether staff has received any applications for mobile home conversions. Director Frace stated they have not, but there have been some inquiries at the counter and reported that the City Council will deal with the condo conversion issue and possibly mobile home park conversions on September 26tH DIRECTOR'S REPORT Community Development Director Warren Frace reported that the next Planning Commission meeting will be held on September 5t", and that there will be a joint session with the City Council on September 26t" ADJOURNMENT Chairperson Beraud adjourned the meeting at 9:25 p.m. to the next regularly scheduled meeting of the Planning Commission on September 5, 2006. ►yill►l�111*MUN4:7_104111 Ys Grace Pucci, Recording Secretary The following exhibits are available in the Community Development Department: Exhibit A — Revised Arborist Report, 3860 Ardilla Road Exhibit B — Northern Chumash Tribal Council, letter PC Draft Minutes 08/15/05 Page 7 of 7 ITEM NUMBER: 2 DATE: 9-5-06 Atascadero Planning Commission Staff Report — Community Development Department PLN 2006-1115/Tentative Tract Map 2006-0087 (TR 2840) 8315 Morro Road Condominium Map (Gearhart) SUBJECT: The project consists of a proposed Mixed Use Condominium Map to create five (5) airspace units on one legal lot of record, 3 residential units, 1 commercial unit, and 1 mixed-use unit all on one common lot. The lot is currently under construction. RECOMMENDATION: Planning Commission adopt Resolution PC 2006-0080 approving Tentative Tract Map 2006-0087, to establish five (5) airspace units on one legal lot of record, 3 residential units, 1 commercial unit, and 1 mixed-use unit all on one common lot, based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Applicant/Owners: Kelly Gearhart, 6205 Alcantara Ave, Atascadero, CA 93422 2. Project Address: 8315 Morro Rd, Atascadero, CA 93422 APN: 031-242-012 3. General Plan Designation: General Commercial 4. Zoning District: CP (Commercial Professional) 5. Site Area: .24 acre 6. Existing Use: under construction with a mixed-use project 7. Environmental Status: Consistent with previously certified Mitigated Negative Declaration DISCUSSION: Background: RMF -16 CP RSF-Y F - ;71k� Morro Rd. Project Site: 8315 Morro Rd. ITEM NUMBER: 2 DATE: 9-5-06 The property is located on the south side of Morro Rd. The project, currently under construction, was approved in 2006 and included 3 residential units and commercial office space. The proposed project will create airspace condominiums for both the residential and commercial portions of the project. One of the proposed condominium units will include both commercial and residential uses. City sewer serves the property, and water is available from the Atascadero Mutual Water Company. Analysis: The proposed map will create five (5) airspace units on one legal lot of record, 3 residential units, 1 commercial unit, and 1 mixed-use unit all on one common lot. The subdivision is consistent with the General Plan Land Use Designations and Zoning regulations. The site was reviewed during the approval process and meets all requirements of the Zoning Ordinance and approved Master Plan of Development. Environmental Review: As proposed, the project is consistent with the previously certified Mitigated Negative Declaration for the project. ITEM NUMBER: 2 DATE: 9-5-06 CONCLUSION: The proposed condominium map, as conditioned, is consistent with the General Plan, the Zoning Ordinance, the adopted Master Plan of Development, and the airspace configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Tentative Tract Map as conditioned. ALTERNATIVES: 1. The Commission may approve the map with modified project conditions. 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 map 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. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2006-0080 ITEM NUMBER DATE: 9-5-06 ATTACHMENT 1: Location Map (General Plan / Zoning) PLN 2006-1115/TTM 2006-0087 8315 Morro Rd Zone: Commercial Professional Land Use Designation: General Commercial ITEM NUMBER: 2 DATE: 9-5-06 ATTACHMENT 2: Draft Resolution PC 2006-0080 PLN 2006-1115/TTM 2006-0087 8315 Morro Rd DRAFT RESOLUTION PC 2006-0080 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE TRACT MAP 2006-0087 (PLN 2006-1115), ESTABLISHING FIVE AIRSPACE UNITS ON ONE COMMON LOT AT 8315 MORRO RD APN 031-242-012 (GEARHART) WHEREAS, an application was received from Kelly Gearhart, 6205 Alcantara Ave, Atascadero, CA 93422 (Owner/Applicant), to consider a Tentative Tract Map to establish five (5) airspace units on one common lot at 8315 Morro Rd (APN 031-242-012); and, WHEREAS, the site's current General Plan Designation is General Commercial / High Density Residential; and, WHEREAS, the site's current zoning district is Residential Multi -family — 16 / Commercial Professional; and, WHEREAS, the proposed condominium map is consistent with previously certified Mitigated Negative Declaration 2004-0015; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Parcel Map application was held by the Planning Commission of the City of Atascadero on September 20, 2005, at which both oral and documentary evidence was admitted on behalf of said project; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Tentative Tract (Condominium) Map. The Planning Commission finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements; and, 2. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements; and, 3. The site is physically suitable for the density of development proposed; and, ITEM NUMBER: 2 DATE: 9-5-06 4. The design and improvement of the proposed map will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat; and, 5. The map is consistent with the character of the immediate neighborhood; and, 6. The design of the condominium map will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided; and, 7. The proposed condominium map design and type of improvements proposed will not cause serious public health problems. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 5, 2006 resolved to approve Tentative Tract Map 2006- 1115 (GPA 04-0013, CUP 04-0128) subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Tract Map 2006-0087 (TR 2840) On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 9-5-06 EXHIBIT A: Conditions of Approval / Mitigation Monitoring PLN 2006-1115/TTM 2006-0087 Conditions Of Approval Timing Responsibilit Mitigation PLN 2006-1115/TTM 2006-0087 y /Monitoring Measure PS: Planning Services Address: 8315 Morro Rd BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer T0: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA: City Attorney Standard Planning Conditions 1. The approval of this application shall become final, subject to FM PS the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. The approval of this map shall be for 5 airspace condominium units: 3 residential units, 1 commercial units, and 1 mixed-use unit. 3. Approval of this Tentative Tract Map shall be valid for two FM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 4. The Community Development Department shall have the FM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Tract Map. 5. A tract map drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 6. The subdivider shall defend, indemnify, and hold harmless the Ongoing CA 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 subdivision. 7. The tract map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 8. Prior to final map, the applicant shall submit CC&Rs for review FM PS/PW and approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a. Exclusive use easements for private yard areas. ITEM NUMBER DATE: 9-5-06 Conditions of Approval Timing Responsibilit Mitigation PLN 2006-1115/TTM 2006-0087 y /Monitoring Measure PS: Planning Services Address: 8315 Morro Rd BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney b. Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. C. Provisions for financing maintenance and upkeep of all common areas. d. A detailed list of each individual homeowners' / Commercial space owners' responsibilities for maintenance of the individual units. e. Individual unit's responsibility for keeping all trash receptacles within the unit's garage and/or designated receptacles. f. A provision requiring that individual residential garages be maintained for vehicle parking. g. A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. 9. Prior to recordation of the final map, the applicant shall submit FM PS/PW a condominium plan for recording concurrently with the final map. The condo plan shall depict airspace condominium units that may extend above the ground plane but not below. A qualified licensed professional shall prepare the final map and the condominium plan. City Engineer Project Conditions 1. Final Map to reflect a 4' pedestrian access easement FM CE behind the driveway apron on Morro Road. 2. Final map to show a 3' offer of dedication across the FM CE Amapoa Avenue frontage. City Engineer Standard Conditions 3. A preliminary subdivision guarantee shall be submitted for FM CE review in conjunction with the processing of the tract map. 4. The final map shall be signed by the City Engineer prior to the FM CE map being placed on the agenda for City Council acceptance. 5. Prior to recording the tract map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 6. Prior to recording the tract map, the applicant shall bond for or FM CE set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate ITEM NUMBER DATE: 9-5-06 Conditions of Approval Timing Responsibilit Mitigation PLN 2006-1115/TTM 2006-0087 y /Monitoring Measure PS: Planning Services Address: 8315 Morro Rd BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 7. Prior to recording the tract map, the applicant shall submit a FM CE map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 8. All existing and proposed utility, pipeline, open space, or other FM CE easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. ITEM NUMBER DATE: 9-5-06 EXHIBIT B: Tentative Tract Map TR 2840 PLN 2006-1115/TTM 2006-0087 c i 1 1 1 a+i+i+lya+i+y+i+ice++%y+iyi!w+a+i+i =�`jib=jyyy4J,Ay�11A.yALy�yAa�yAA�. y`yyyyyyy++. yyy+yJ ^yyyy ,yyyyyy►„ , `y+AyyyyyyyA :AyAy,.yA yJ .AAy AAAA+J� • 1 �w+i!: AAAA~, A:y~AA� A I, 111 1 ■ so ....... ITEM NUMBER: 3 DATE: 9-5-06 Atascadero Planning Commission Staff Report - Community Development Department Mission Oaks (Factory Outlets) Sign Program PLN 2006-1145/Conditional Use Permit Amendment 2006-0192 (2300 EI Camino Real/SLO Garden Partners, LLC.) SUBJECT: A request to amend to CUP 04-1991 Master Sign Program last revised 8/2/94. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2006-0079 to approve Conditional Use Permit Amendment 2006-0192 (Master Sign Program) based on findings and subject to conditions of approval. DISCUSSION: Situation and Facts: 1. Applicant / Representative Tom Murrell and John Wilson 505 Higuera Street #105, San Luis Obispo, CA 93401 2. Owner: Mission Oaks 2290 EI Camino Real, Atascadero, CA 93422 SLO Garden Partners, LLC 444 Higuera St., Ste. 200 San Luis Obispo, CA 93401 3. Project Address: 2300 EI Camino Real Atascadero, CA 93422 (APN: 049-141-056) 4. General Plan Designation: CPK (Commercial Park) 5. Zoning District: 6. Redevelopment Area: 7. Site Area: 8. Existing Use: CPK (Commercial Park) PD 1 Yes 7 acres Retail Shopping Center ITEM NUMBER: 3 DATE: 9-5-06 9. Environmental Status: CEQA Categorical Exemption, Class 1 Existing Facilities. DISCUSSION: Background The Factory Outlets has undergone a change in ownership and a change in market strategy. The Factory Outlets has changed their name to Mission Oaks and is in the process of applying new architectural colors and design elements to the existing buildings. As a result, the applicant is requesting a revised sign program that requires Planning Commission review and approval. Project Site Analysis Surrounding Land Use and Setting: North: Commercial Retail East: Commercial Retail South: Commercial Park West: Public The proposed project is an update to the existing sign program. The update includes revisions to the type of allowed sign materials, colors, and construction. The only change in building sign are: (1) Letters will increase from 30" to 36", and (2) one west elevation location has been eliminated. The update also includes a provision to increase the tenant sign area on the two existing freeway -oriented monument signs. The only sign changes to the monument signs are to allow 420 square feet of tenant sign area and 30 square feet of center identification (Mission Oaks) on each side. MISSION OAKS AT THE ANNEX T -..I Siq. CdWo. tJr 1.7,A.� MJ Itansing Sign flyWa I MISSION OAKS AT THE ANNEX Tenant Sign Criteria Attachment B Signage Location ITEM NUMBER: 3 DATE: 9-5-06 T= Office DiEpoT DOLLAR TREE MAJOR TENANT a -mm Side ?Pgnlent Sim (1) Signage JAX71fliOn * 0 M-1 W- I -k -f- I Signage I Awafion Signage I Ax-alion 7 Signage Location Signage Location n n n n nnn n �n m _ .r-�Sig�Inag�e Location � ITEM NUMBER: 3 DATE: 9-5-06 CONCLUSION: Staff believes the proposed Amendment is consistent with the original project approval and the revised marketing of this retail center, and the Planning Commission can make the finding that the amended Master Sign Program satisfies the requirements of the Atascadero Municipal Code. ALTERNATIVES: 1. The Commission may modify the proposed amended sign program. 2. The Commission may determine more information is needed on some aspect of the proposed amendment and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the proposed sign program. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Steve McHarris, Deputy Director ATTACHMENTS: Attachment 1: General Plan and Zoning Map Attachment 2: Aerial View Attachment 3: Existing Sign Program Attachment 4: Draft Resolution PC 2006-0079 ITEM NUMBER DATE: 9-5-06 Attachment 1: General Plan and Zoning ITEM NUMBER: 3 DATE: 9-5-06 Attachment 2: Aerial View `Project Site p �,lei / .�� i , •' • �• ~�� ITEM NUMBER DATE: 9-5-06 Attachment 3: Existing Sign Program F'a G -&r t Ovf le, � ATTACHMENT G - Conditions of pproval Reconsideration of Conditional Use Permit 04-91 2100 E1 Camino Real (Golden West Development/CN Signs) Revised by the Planning Commission August 2, 1994 CONDITIONS OF APPROVAL: All sign installation shall be in conformance with plans contained in Attachments A, B, C, D, and E, all conditions of approval contained herein, and all applicable provisions of the Atascadero Municipal Code. Any substantial modification of the project shall require approval of the Planning Commission. 2. The entire project shall be subject to all ordinary requirements of the City Building Division that are necessary to secure and final building permits for signs. Any additional information deemed necessary for the review and approval of building permits shall be provided. 3. Individual tenant signs are approved per the sign plans (Attachments A,B,C,D) and the Tenant Sign Criteria (Attachment E) with the following modifications and/or clarifications to section E anf F (page 5) of the Tenant Sign Criteria: a. Individual tenant signs for the storefront (El Camino Real frontage) shall be not exceed 65 percent of leasehold width. These signs shall not exceed 24" in height for single line text and a maximum of 30" for multiple lines. Logos are to be a maximum of 30 percent of the sign area. (This is identical to the criteria in section E of the Tenant Sign Criteria and is reprinted here for clarification.) b. Freeway facing wall signs shall be illuminated channel letters mounted to a raceway with beveled edges and a textured and colored finish to match the building wall. Freeway tenant signs are limited to 13 in number, to be spaced above the triple arches and below the tile roof sections as shown on the approved elevations (Attachment D.) c. The central tenant of the outlet, occupying the space at the 50 foot entry tower, may have multiple lines of copy, a maximum height of 24" letters, a maximum of 6' between lines, and a logo placed outside this area. (At the time of this writing, permits were being processed for Polo Ralph Lauren to occupy this space - see Attachment C.) Attachment 3: Existing Sign Program d. Colors shall be solid colors reflecting the corporate logos for the front elevation and the freeway tenant signs to be white letters with blue borders. e. Each tenant is allowed one suspended sign of the style and size shown in Attachment B. f. Section F (Page 5) of the Tenant Sign Criteria (Attachment E) shall be revised as follows: Front Sign *. Colors skeuld shall incorporate regionally and nationally recognized logo colors; * Solid colors sheald shall be selected to provide sufficient contrast against building background colors; and �cl--Alettte rtt s�--�� Rear Sign * To remain as originally presented on page 6 New language bold letters Old language -;#rjjeeeut revised Tenant Sign Criteria in conformance with the above Conditions shall be submitted to the Community Development Department. 4. This Conditional Use Permit Reconsideration approval shall expire one (1) year from the date of final approval, unless: a. Substantial site work toward establishing the authorized use has been performed, as defined in Section 9-2.114 of the Zoning Ordinance; or b. The project is completed, as defined in Section 9-2.115 of the Zoning Ordinance; or C. An extension has been granted, as defined in Section 9- 2.118 of the Zoning Ordinance; or d. A building moratorium is imposed on the project site. Attachment 3: Existing Sign Program CITY OF ATASCADERO COMMUNITY DEVELOPMENT �0 DEPARTMENT ATTACHMENT A SIGN PLANS - FREEWAY CUP 04-91 - RECONSIDERAIIOr —TY7ICAL \NE, -T C �V�f�Y� �L�VPcTIDM C�1AN�LR� I�TiE�S l R W>�Y� -TFX'CURL j FAlrk-r 910E1ilhY -Cid MNM" wku- . � .. ' TCP. GttJtNtSFL L>?TfER. .04D ALUM BRDIIZE KETI)fCNS 10 t'IV WeffE ALRYI..IL DACES W/ A TIA WGk-. bI.U6 VINYL WTUNC CMhX 1'1 T7DNT Attachment 3: Existing Sign Program CITY OF ATASCADERO 4 COMMUNITY DEVELOPMENT 14 � DEPARTMENT 9l .11r 0;<L•j� _ e1� Polo, - AhT - alph Lauren. Wf&VP f jjk - P/F w/ b O'k- elza6+1r - ATTACHMENT B SIGN PLANS - SUSPENDED CUP 04-91 RECONSIDERATIO14 Attachment 3: Existing Sign Program CITY OF ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT SEE LANDLORD'S DRAWINGS FOR ALL EXTERIOR WORK i WEST EXTERIOR BUILDING E: P-TACHMENT C - SIGN PLANS - CENTRAL TENANT CUP 04-91 RECONSIDERATION I I IEOUAL 25'-10- 7CU, m -- tIP I I j O Flm � L SEE LANDLORD'S DRAWINGS I FOR ALL EXTERIOR WORK E: THESE TWO WALLS TO BE WITHOUT W NDOWS EAST EXTERIOR BUILDING ELE' 1/8- _ 1 -0 - Attachment 3: Existing Sign Program ATTACHMENT D CrI'Y OFATASCADERO APPROVED FREEWAY, ELEVATIgIJS COMMUNITY DEVELOPMENT' CUP 04-91 RECONSIDERATIOty DEPARTMENT 12' RECESS BUILDING -1 WEST PROPORTION TO MATCH eoru noe�unir_ cpcT Attachment 4: Draft Resolution PC 2006-0079 DRAFT RESOLUTION PC 2006-0079 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING PLN 2006-1145/CONDITIONAL USE PERMIT AMENDMENT 2006-0192 (MASTER SIGN PROGRAM CUP 04-1991) ON APN 049-141-056 (2300 El Camino Real / SLO Garden Partners, LLC.) WHEREAS, an application has been received from Tom Murrell (505 Higuera Street #105, San Luis Obispo, CA 93401) Applicant, and Mission Oaks (2290 El Camino Real, Atascadero, CA 93422), and SLO Garden Partners, LLC (444 Higuera St. Ste. 200, SLO, CA 93401) Property Owners, to consider an Amendment to the Master Sign Program which would replace the existing Factory Outlets Sign Program with the new Mission Oaks Sign Program, including allowing tenant identification on the two existing freeway -oriented monument signs; and, WHEREAS, the project is exempt per CEQA Categorical Exemption, Class 1 Existing Facilities in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on September 5, 2006, studied and considered the Conditional Use Permit 2006-0192 (Master Sign Program), and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit Amendment. The Planning Commission finds as follows: 1. The proposed project amendment is consistent with the General Plan and Title (Zoning Ordinance) including provisions of the PD -1 Overlay Zone; and, 2. The proposed project amendment will require no further environmental documentation; and, 3. The proposed project amendment will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project amendment will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 5, 2006, resolved to approve Conditional Use Permit Amendment 2006-0192 subject to the following: 1. EXHIBIT A: Mission Oaks Master Sign Program. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Elen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: PLN 2006-1145/CUP 2006-0192 Amendment to CUP 04-1991 Mission Oaks Master Sign Program MISSION OAKS AT THE ANNEX Tenant Sign Criteria Signage Requirements L Each Tenant shall provide one primary identification wall sign in accordance with the approved criteria. Landlord may allow a second sign at freeway elevation. 2. The I enant shall be responsible for the following expenses relating to signage for Tenant's store: • Permit and application fees: • Fabrication and installation of signage- including primary power from provided hookup point; • Maintenance and repair: • All costs relating to signage removal including repair of any damage to the building. 3. Tenant shall be provided one under canopy hanging sign at the entrance to tenant space by the Landlord an(] will be charge([ back to (cuanl by Southpaw Sign Company. (See Attachment A). 4. The Landlord shall pre -approve any and all sign contractors who will do work at this ccnlcr. S. Only those sign types referred to in this criteria and specifically approved in writing by the Landlord will be allowed. The Landlord may. at his sole discretion, and it the Tenant's expense, correct. replace or remove any sign that is installed without his written approval and/or that is deemed not to be in conformance with the plans as submitted and with these sign requirements. 6. The Tenant shall maintain the storefront in the condition in which it was received. The Landlord may. at his sole discretion and the t'enant's expenses, replace, refurbish or remove any sign that is not properly maintained. C. Sign Contractor Responsibilities The Tenant's .ign contractor is responsible to do the following: • Receive pre -approval from Landlord or his representative as an approved sign contractor: • Provide to the Landlord. prior to commencing fabrication. an original certificate of insurance naming the Landlord a� :m additional insured for liability coverage in the amount of $1,000,000: • Obtain app, "\ Cd sign permits from the City of Atascadero prior to sign fabrication and show copies of same In',oulhpim sign Company Landlord's signage representative; • ihmit for approval prior to fabrication complete and fully -dimensioned shop drawings along with items 1. 2. imd 3 of lection A of this criteria. D. Prohibited Signs I- 'Temporary %% al I signs, pennants, flags, banners. inflatable displays or sandwich boards, unless specifically approved by Landlord. 2. Window signs except where specifically approved by Landlord. 3. Exposed _junction boxes, transformers, lamps, tubing, conduits, or neon crossovers of any type. 4. Pre -manufactured signs, such as franchise signs. that have not been modified to meet the criteria. 5. Paper, cardboard or Styrofoam signs, slickers, or decals hung around, on or behind storefronts. 6. Animated lights orother "moving" sign components, except where specifically approved by Landlord. 7. Internally -illuminated awnings. 8. Internally -illuminated cabinet -type signs. 9. Roof signs. 10. Advertising promotional signs on parked vehicles. EXHIBIT A: Mission Oaks Master Sign Program MISSION OAKS AT THE ANNEX Tenant Sign Criteria E. Sign Types I. Signs are to be of the reverse pan channel type for the buildings facing EI Camino Real and the parking lot. Tenant signs will be no larger than 65% of leasehold width, but in no case be smaller than IT, and can be on multiple lines not higher than 36". One line maximum height to be 24". Logos are to be a maximum of 30% of the net sign area. 2. The signs facing Highway 101 will be individually mounted illuminated pan channel letters with raceways internal to the building. Freeway tenant signs are to be spaced between the arches and the tile roof sections as shown on the approved elevations. (See Attachment B). 3. Up to four major tenants (minimum 6,000 square feet of lease space) per Landlord permission can have multiple lines of copy maximum height of 24" per line with a maximum of 6' between lines, and a logo that may be placed outside of this area. F. Colors Front Sign: • Colors shall incorporate regionally and nationally recognized logo colors; • Solid colors shall be selected to provide sufficient contrast against building background color. Rear Sign: • Colors of "Trim Cap" retainers must match the color of letter returns (Dark Bronze); • Solid color Plexiglas letter faces should reflect recognized logo colors. G. Lighting • Reverse channel neon with silhouette illumination for the signs facing the parking lot; • Internal neon or LED illumination for the signs facing Highway 101. H. Typestyles and Logos Typestyles should be consistent with the business' established types and logos. If appropriate for readability and fabrication techniques, type may be arranged in one or two lines. I. General Specifications and Requirements I. All sign circuits are to be provided to sign locations by Landlord. 2. Al local and national codes are to be strictly complied with. Fabrication and installation to be underwriter laboratory approved with the required markings. 3. All letters are to be consistently illuminated without dark areas. Light leaks will not be permitted. 4. All neon is to be powered by 30 M.A. transformers, and shall be switched at the transformer per the NEC and U.L. 5. Reverse pan channel letters are to be clipped or stud mounted to the wall so as to not cast a shadow. 6. All finishes are to be free of manufacturing defects such as drips, runs, orange peel and foreign matter. 7. All metal parts are to be free of oil canning wrinkles, etc., and at no time are visible seams permitted. All metal must be rust inhibited or aluminum with the appropriate finish. No unplated steel or black iron materials are to be used, including fasteners. All reverse pan letters are to be welded .063 aluminum faces and returns. All face lit pan channel letters are to have .063 aluminum backs and .040 aluminum returns. 8. All signs are to be laid out so as to be proportionate to the area it is placed within the square footage limitations. They should also be centered at the appropriate location on the elevation so it would be balanced with the buildings as a whole (not necessarily centered on the Tenant space). 9. All conduits, crossovers, transformers and wiring shall be concealed. 10. All building penetrations to be sealed and be completely waterproof. 11. All manufacturing labels are to be placed so as not to be visible from the normal viewing angels or by standing directly under the sign. 12. The Landlord reserves the right to reject any fabrication or installation that does not meet these standards. EXHIBIT A: Mission Oaks Master Sign Program MISSION OAKS AT THE ANNEX Tenant Sign Criteria Attachment A 3/4" Dark Bronze Anodized Attachment Rods. Open Tenant Logo Here; Vinyl Graphics. Colors Vary by Tenant Dark Bronze Anodized Cabinet; 2" Thick — Hanging Sign N.T.S. 314" L Anodi Rods. Sign t Illumi T-0" Hanging Sign Elevation N.T.S. EXHIBIT A: Mission Oaks Master Sign Program MISSION OAKS AT THE ANNEX Tenant Sign Criteria Attachment B Building 2 - Partial West Elevation 2 f0,00-2-Paniul West Elcvaiion3 EXHIBIT A: Mission Oaks Master Sign Program H MISS10,110M E -.g S'p"'"" T. Office DEPOT aemao MiaM®IIy ID—d Pan DOLLAR TREE chwrl U.— MAJOR TENANT „ay s«oaaary r— seen L«ahons �$v [ndiequalh tllonunated Pan �1 azo Nem Loan Ash Side Front Note: Sign construction details to 71 follow with sign permit application. vs^ = F.G. Monument Signs allow 420 square feet of tenant sign area and 30 square feet of center identification (Mission Oaks) on each side as depicted above. \\Cityhall\cdvlpmnt\- 06 PLNs\PLN 2006-1145 - Signs\PLN 2006-1145 Factory Outlets Sign CUP Amendment.PC-SR.sm.doc ITEM NUMBER: 4 DATE: 9-5-06 Atascadero Planning Commission Staff Report - Community Development Department EI Camino Court Mixed -Use PLN 2099-0878/Conditional Use Permit Amendment 2005-0170 (4705, 4711, 4713 EI Camino Real/ JRW Group, Inc.) SUBJECT: A request to amend to CUP 2005-0170 Condition #25 and Mitigation Measure 15a. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2006-0078 to approve Conditional Use Permit Amendment 2005-0170 based on findings and subject to conditions of approval. DISCUSSION: Situation and Facts: 1. Applicant / Representative: JRW Group, Inc. 2004 Dallons Dr., Suite 100 Paso Robles, CA 93446 2. Owner: The Acacias Development, LLC 2004 Dallons Dr., Ste. 100 Paso Robles, CA 93446 3. Project Address: 4705, 4711, 4713 EI Camino Real Atascadero, CA 93422 (APN: 029-271-001) 4. General Plan Designation: GC (General Commercial), HDR (High Density Residential) 5. Zoning District: CR (Commercial Retail), RMF -16 (Residential Multi - Family -16), and Planned Development #27 6. Redevelopment Area 7. Site Area: 8. Existing Use: 9. Environmental Status DISCUSSION: Background ITEM NUMBER: 4 DATE: 9-5-06 Yes 1.71 acres Vacant (Approved for Mixed -Use Development) Consistent with Certified Mitigated Negative Declaration 2005-0063 The City Council approved the EI Camino Court Mixed -Use project on February 14, 2005. The development includes 40 attached multi -family residential units (as summarized below), common recreational amenities, 6,498 square feet of commercial retail space and 2,166 square feet of office/indoor recreational space. Cay��cos Ave° Z ° 4^ ,y Project Site d9� ��uslpu Avenue c � c� a o� J 01 9�0 v Surroundina Land Use and Setti North: Commercial Retail East: Residential Single Family South: Commercial Retail West. Commercial Retail The applicant has met with Caltrans regarding the widening of San Anselmo between the US 101 north bound on-ramp and the K -mart driveway, to provide a landscaped median, two west bound lanes, and a bike lane. However, the applicant and City Engineer have concluded that Caltrans will not support this improvement without improvement of the entire street starting from the intersection of San Anselmo and EI Camino to the north bound on-ramp of Highway 101. This latter improvement was conditioned on an adjacent Carl's Jr. Development project; however, Carl's Jr. withdrew their option to construct a restaurant and improve their street frontage. As a result, the overall improvements to San Anselmo are not feasible at this time. In order for the mixed-use project to proceed, the applicant is requesting an amendment to CUP Condition #25 and mitigation measure #15A as analyzed below. ITEM NUMBER: 4 DATE: 9-5-06 Analysis CUP Condition #25 and Mitigation Measure 15a currently reads as follows: CUP Condition 25: San Anselmo Road shall be improved from the southwesterly exit from the K -Mart plaza to the intersection of San Anselmo and Highway 101. Existing pavement on the northerly side of San Anselmo shall be widened to provide for a 6' median, two 12' lanes, a 4' bike lane, and City standard curb, gutter, and sidewalk. Mitigation Measure 15A: The project shall widen west bound San Anselmo, between the US 101 north bound on-ramp and the K -mart driveway, to provide a landscaped median, two west bound lanes and a bike lane. This work will require approval by Caltrans. This improvement will provide a dedicated lane for traffic entering the US 101 north bound on ramp, which will improve the operation of the US 101 north bound off ramp and east and west bound San Anselmo. This project is required to pay Development Impact Fee per the Circulation System of Atascadero. The design and construction of these improvements is eligible for credit to the fees. The actual design and construction costs must be submitted to the City for credit. Administration of designing, approval and construction of these improvements is not eligible for credit to the fees. After working with Caltrans, the applicant and the City Engineer concluded that the above condition was not feasible as adopted. The standard development impact fees owed by the applicant were originally to be credited toward the approved San Anselmo improvement condition, but due to the Caltrans issues, the applicant and the City Engineer have agreed to having these fees paid per the following Amendment, as follows: Revised CUP Condition 25 and Mitigation Measure 15A: The project shall pay Development Impact Fees per the Circulation System of Atascadero. These fees are based on the City Development Impact Fee Schedule and shall be paid prior to any building permit issued on the property. The aerial photograph below shows the original area of conditioned improvements on San Anselmo. ITEM NUMBER: 4 DATE: 9-5-06 CONCLUSION: Staff believes that the proposed amendment is consistent with the original project approval intent and the Planning Commission can make the finding that the amended mitigation measure is greater than or equivalent to the original mitigation measure. ALTERNATIVES: 1. The Commission may modify the proposed amended condition or mitigation measure. 2. The Commission may determine that more information is needed on some aspect of the proposed amendment and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the proposed amendment. The Commission should specify the reasons for denial of the proposed amendments and provide an associated finding with such action. PREPARED BY: Steve McHarris, Deputy Community Development Director ATTACHMENTS: Attachment 1: General Plan and Zoning Map Attachment 2: Aerial View Attachment 3: Draft Resolution PC 2006-0078 Attachment 1: General Plan and Zoning ITEM NUMBER: 4 DATE: 9-5-06 _ Bull nL%;G b HDR (High Density Residential), (0.92 Acres) GC (General Commercial), (0.79 Acres) ti r r PARKING TABLIF EL CAMINO REAL T SITE PLAID_ � • General Plan: General Commercial/ High Density Residential ■ Zoning: Commercial Retail /Residential Multi - Family -16 / PD -27 ITEM NUMBER: 4 DATE: 9-5-06 Attachment 2: Aerial View . `�. OF' _lam_ �� r� ,.,� .�, � �.�lr� .T . C ', �,,✓ '` f ;its �'� �`� , 1, ,;��, y,'�Ib �►�� ,�, Original Area of Conditioned t Improvements ,� , +s • ';, _ iy ,'rJ f r, Project N Y '��•. Site •rte+': e��'�� ,� J ♦' i4. Attachment 3: Draft Resolution PC 2006-0078 DRAFT RESOLUTION PC 2006-0078 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT AMENDMENT 2005-0170 TO MODIFY CUP 2005-8170 CONDITION #25 AND MITIGATION MEASURE 15A ON APN 029-271-001 (47059 47119 4713 El Camino Real / JRW Group) WHEREAS, an application has been received from JRW Group, Inc. (2004 Dallons Dr., Ste. 100, Paso Robles, CA 93446) Applicant, and The Acacias Development, LLC, (2004 Dallons Dr., Ste. 100, Paso Robles, CA 93446), Property Owner, to consider an Amendment to CUP 2005-0170 Condition 25 and Mitigation Measure 15A which would exchange the requirement to widening of the west bound San Anselmo, between the US 101 north bound on- ramp and the K -mart driveway, to provide a landscaped median, two west bound lanes and a bike lane, with a provision to pay Development Impact Fee based on the City Development Impact Fee Schedule; and, WHEREAS, the site's current General Plan Designation is General Commercial (GC) and High Density Residential (HDR); and, WHEREAS, the site's current zoning is Commercial Retail (CR), and Residential Multi - Family -16, and Planned Development 27; and, WHEREAS, Mitigated Negative Declaration 2005-0063 was certified for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the proposed conditional use permit amendment amended mitigation measure is greater than or equivalent to the original mitigation measure; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit Amendment application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use permit Amendment; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on September 5, 2006, studied and considered the Conditional Use Permit Amendment 2005-0170 (A request to amend to CUP 2005-8170 Condition #25 and Mitigation Measure 15a), and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit Amendment. The Planning Commission finds as follows: 1. The proposed project amendment is consistent with the General Plan and Title (Zoning Ordinance) including provisions of the PD -27 Overlay Zone; and, 2. The proposed CUP Condition and Mitigation Measure amendment will be replaced with a equal or more effective condition and mitigation measure, which will not create a new significant environmental effect and is not necessary to mitigate an unavoidable significant effect; and 3. The proposed project amendment will require no further environmental documentation; and, 4. The proposed project amendment 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, 5. The proposed project amendment will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 5, 2006, resolved to approve Conditional Use Permit Amendment 2005-0170 subject to the following: 1. EXHIBIT A: Amended Condition of Approval #25 And Amended Mitigation Measure 15A. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Elen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Revised Condition 25 and Mitigation Measure 15A . r . u . • . • . I . 1 • . • ' . WAS 0 '0VMUK 0 •0 0 . r 1 1 0 •' . • 1 .. .. . 0 0 • . . • . • 0 0 .. . G G 0 . W. . Revised CUP Condition 25: The project shall pay Development Impact Fee per the Circulation System of Atascadero. These fees based on the City Development Impact Fee Schedule and shall be paid prior to any building permit issued on the property. Mitigation Measure 15A: The project shall pay Development Impact Fee per the Circulation System of Atascadero. These fees based on the City Development Impact Fee Schedule and shall be paid prior to any building permit issued on the property. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- GPA - General Plan Amendments\GPA 05\GPA 2005-0015 4705 ECR\AMENDMENT 8-06\CUP 2005-0170 Amendment.PC-SR.sm.doc