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HomeMy WebLinkAboutPC_2005-04-19_AgendaPacketCALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting April 19, 2005 — 7:00 P.M. City of Atascadero Pavilion on the Lake 9315 Pismo Ave. - Atascadero, California Pledge of Allegiance Roll Call: Chairperson Porter Vice Chairperson Beraud Commissioner Fonzi Commissioner Jones Commissioner Kelley Commissioner O'Keefe Commissioner Peterson APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to 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) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 5, 2005. City of Atascadero Planning Commission Agenda COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS Regular Meeting April 19, 2005 Page 2 of 3 (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. CONDITIONAL USE PERMIT 2004-0144 EL CAMINO REAL LUBE AND GO WITH CAR WASH Applicant: Atascadero Enterprises, 2505 Theatre Drive, Suite A, Paso Robles, CA 93446 Phone: 239-2662 Project Title: El Camino Real Lube and Go with Car Wash - Conditional Use Permit 2004-0144 Project 7095 El Camino Real Location: APN 030-081-008 Project The proposed project consists of an application for a Conditional Use Permit (CUP) for Description: construction of a new 2,114 square foot 2 -bay automotive maintenance lube and oil garage with an attached waiting room and drive-through car wash facility. The project would include a minimum of six vehicle parking spaces and a large 36 -foot wide front paved area and a 51 -foot wide rear paved driveway to accommodate vehicle queuing area entering and exiting the facility. No native trees are proposed for removal and the project will take access from 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. Environmental The proposed Mitigated Negative Declaration is available for public review at 6905 El Camino Determination: Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on May 3, 2005, at the Pavilion on the Lake, 9315 Pismo Avenue, 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 April 19, 2005 Page 3 of 3 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 the Pavilion on the Lake, 9315 Pismo Ave., 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). \\Cityhall\cdvlpmnt\— PC Agendas\PC 2005\PC Agenda. 4-19-05.word.am.doc CALL TO ORDER ITEM NUMBER: 1 DATE: 4-19-05 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting April 5, 2005 — 7:00 P.M. Chairperson Porter called the meeting to order at 7:04 p.m. and Commissioner Peterson led the Pledge of Allegiance. PLANNING COMMISSION BUSINESS A. Administration of Oath of Office City Clerk Marcia McClure Torgerson administered the Oath of Office to Planning Commission Members Joan O'Keefe, Bob Kelley, Tom Jones, and Greg Porter. ROLL CALL Present: Commissioners Fonzi, Jones, Kelley, O'Keefe, Peterson, Beraud and Chairperson Porter Absent: None Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, Associate Planner Kerry Margason, Assistant Planner Lisa Wilkinson and Recording Secretary Grace Pucci APPROVAL OF AGENDA MOTION: By Vice Chairperson Beraud and seconded by Commissioner Fonzi to approve the agenda. Motion passed 7:0 by a roll -call vote. PC Draft Minutes 04/05/05 Page 1 of 6 PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MARCH 15, 2005. 2. ACCEPTANCE OF FINAL MAP 2004-0102: SAN RAFAEL ROAD (LLA 2004- 0066) MOTION: By Commissioner Fonzi and seconded by Commissioner O'Keefe to approve Items #1 and 2. Motion passed 7:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 3. TREE REMOVAL PERMIT 2005-0068 Applicant: Midland Pacific Building Corporation, 6955 El Camino Real, Suite 200, Atascadero, CA 93422 Project Title: Tree Removal Permit 2005-0068 Project 6025 Del Rio Road, Atascadero, CA 93422 Location: APN 049-191-026 Project A request to remove an additional eleven (11) native trees in The Colony at Apple Valley Description: project currently under construction at 6025 Del Rio Road, subject to conditions and mitigation measures. Vice Chairperson Beraud stepped down from consideration of this item as the business she owns with her husband has done more than $500 of work for the applicant in the last 12 months. Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. all TI[00161lyiILTA 14►Ill I PC Draft Minutes 04/05/05 Page 2 of 6 Steve Alvarez, arborist and applicant's representative, spoke about tree protection for the site and answered questions of the Commission. Chairperson Porter closed the Public Comment period. MOTION: By Commissioner Peterson and seconded by Commissioner O'Keefe to adopt Resolution PC 2005-0027, approving the removal of an additional eleven (11) native trees in The Colony at Apple Valley project currently under construction at 6025 Del Rio Road, subject to conditions and mitigation measures. Motion passed 5:1 by a roll -call vote. (Jones opposed) Vice Chairperson Beraud rejoined the hearing. PUBLIC HEARINGS 4. CONDITIONAL USE PERMIT 2004-0147, ESTRADA AVE. Applicant: Troy Berg, 4080 Estrada Avenue, Atascadero, CA 93422 Project Title: Conditional Use Permit 2004-0147 for a detached workshop Project 4080 Estrada Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 028-141-003 Project The proposed project consists of a minor Conditional Use Permit application for a 1,650 Description: square foot detached workshop that exceeds 50% of the gross floor area of the primary residence. General Plan Designation: SFR -Y (Single Family Residential) Zoning District: RSF-Y (Residential Single Family) 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 Determination: 6905 El Camino Real, Suite 6, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Commissioner Peterson stepped down from consideration of this item as he has family members living at the site. Assistant Planner Lisa Wilkinson gave the staff report and answered questions of the Commission. PUBLIC COMMENT Troy Berg, applicant, answered questions of the Commission. Chairperson Porter closed the Public Comment period. PC Draft Minutes 04/05/05 Page 3 of 6 Commissioner O'Keefe stated that the building is too large and industrial looking and she would prefer a smaller building more like a garage. She was concerned that someone might want to put a business in this size building. Commissioner Kelley expressed concern with the height of the metal building and its visual impact on the neighborhood. He would like to limit the wall height to 10 feet and require the structure be compatible with existing houses in neighborhood. Vice Chairperson Beraud indicated concern that the structure is larger than most accessory buildings and will impose on the view from the neighboring property. She also would like it to be more architecturally compatible with the primary residence and residential neighborhood. Chairperson Porter stated that the 18 foot height was excessive and precedent setting and he would favor a motion for a maximum 10 foot wall height. Commissioner Fonzi agreed with the comments previously expressed and stated if the lot were larger and the structure scaled appropriately it might be acceptable. She thinks the size is excessive and would like to direct staff to reduce the size and include the existing structure in the square footage to come up with an amount that is certain for the coverage of the lot. MOTION: By Commissioner Kelley to accept the proposal changing the conditions that the building be of a construction compatible to the exiting house and the neighborhood and that the exterior wall is not to exceed 10 feet and the square footage of the building will stay the same. The outside of the building must be either wood or stucco and the roof can be of metal architecturally designed in a compatible color. Commissioner Kelley withdrew his motion. MOTION: By Vice Chairperson Beraud and seconded by Commissioner Kelley to continue this item and that the plate line at the garage door header (bearing wall) will not exceed 10 feet and that the architectural materials are compatible with the exiting structure, no metal for building materials to be used, and that the applicant can change the size of the building. Motion passed 5:1 by a roll -call vote. (Fonzi opposed) Commissioner Peterson rejoined the hearing. PC Draft Minutes 04/05/05 Page 4 of 6 5. TENTATIVE PARCEL MAP 2004-0060 Applicant: Linda Kenyon, 755 Seville Lane, Vacaville, CA 95688 Project Title: Tentative Parcel Map 2004-0060 Project West Front Street, South of San Gabriel Road and North of San Rafael Road Location: (San Luis Obispo County) APN 056-162-040 Project A request to subdivide one existing lot of record to create a three -lot, residential subdivision Description: with parcels of one gross acre each. The site is located on the west side of West Front Street, South of San Gabriel Road and North of San Rafael Road in an area designated by the General Plan to accommodate additional residential density. The overall slope of the property is between 5% and 19%. Proposed The proposed parcel map is a Class 15 categorical exemption from the California Environmental Environmental Quality Act. Determination: Associate Planner Kerry Margason gave the staff report and answered questions of the Commission. Staff requested the following modifications to the conditions of approval: 1) add Condition No. 37 requiring a tree inventory and protection plan for the lots at the time of their development, and 2) change the timing of the implementation on Conditions 23, 24, 25 and 26 from "at final map" to "at building permit." PUBLIC COMMENT Dan Stewart, applicant's engineer, stated they are in agreement with the staff report and modifications and answered questions of the Commission. Chairperson Porter closed the Public Comment period. Commissioner O'Keefe expressed concern with Parcel No. 1 and stated she would like to add a condition to keep the building envelope for that site as it is currently located. MOTION: By Commissioner Kelley and seconded by Commissioner O'Keefe to adopt Resolution No. PC 2005-0026 approving Tentative Parcel Map 2004-0060, a request to subdivide one parcel totaling three acres, gross, into three parcels of one gross acre each, based on findings and subject to conditions and adding the conditions that staff has requested and identifying a recorded building envelope for Parcel No. 1 as indicated on the map that was submitted with the presentation this evening. Motion passed 7:0 by a roll -call vote. PC Draft Minutes 04/05/05 Page 5 of 6 COMMISSIONER COMMENTS AND REPORTS Commissioner Kelley spoke about the Lube and Go project and requested that the Assistant City Manager be present at the Planning Commission meeting where the project will be considered. Director Frace stated that the Assistant City Manager would be at the meeting. DIRECTOR'S REPORT 6. ANNUAL HOUSING REPORT (CALENDAR YEARS 2003-2004) The planning commission will receive the annual housing report. Community Development Director Warren Frace gave the report and answered questions of the Commission. ADJOURNMENT Chairperson Porter adjourned the meeting at 8:38 p.m. to the next regularly scheduled meeting of the Planning Commission on April 19, 2005. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\cdvlpmnt\- PC Minutes\PC Minutes 05\PC Draft Minutes 4-5-05.doc PC Draft Minutes 04/05/05 Page 6 of 6 ITEM NUMBER: DATE: 4-19-05 Atascadero Planning Commission Staff Report - Community Development Department EI Camino Real Lube & Go with Car Wash CUP 2004-0144 (Atascadero Enterprises) OVERVIEW: Project Description and Setting The proposed project consists of an application for a Conditional Use Permit (CUP) to establish an "auto repair and service" facility as defined by the Atascadero Zoning Ordinance. Specifically, the use will consist of a drive -though lube and oil change operation with a car wash on the subject site. The project site is located at the Highway 41/EI Camino Real intersection entering the City's downtown, and is opposite the U.S. Highway 101 EI Camino Real northbound off -ramp which is a highly traveled area of the City. The project site is also within the Rite-Aide/Vons commercial center which is designated as a Prime Commercial Site, and within the sphere of influence of the City's downtown as identified within the Downtown Revitalization Plan Vision area, as adopted by the City Council. Caltrans is moving forward on a major project to rebuild the U.S. Highway 101/SR41 interchange which includes new northbound on and off -ramps across from the project site. The significance of the Caltrans project influenced the "gateway" designation identified in the Downtown Revitalization Plan. The site's location and visibility will significantly and permanently contribute to defining the traveling tourist's first impressions of Downtown Atascadero. Background Staff has been in contact with the applicant since the fall of 2003, and has consistently maintained the position that the use is not compatible with the surrounding Downtown District. Due to the significance of the "neighborhood compatibility" issues with the Downtown area, the preliminary project was expedited to the Planning Commission on January 19, 2005, with a strong recommendation for denial. Since the project was originally recommended for denial, a formal staff review and conditioning of the proposed project was not completed at that time. At that meeting, the Planning Commission reviewed the conceptual use and determined that the findings for approval could be made if the ITEM NUMBER: DATE: 4-19-05 facility incorporated architecture and landscaping revisions to the original proposal for a superior gateway appearance. Previous to and during this same time period, staff was working under Council direction to develop an implementation strategy for the 2000 Atascadero Downtown Revitalization Plan. The implementation strategy was adopted by the City Council on March 19, 2005, and included a policy not to approve any auto repair and service uses within the Downtown Study Area. The Downtown Study Area included several areas outside of the Downtown District that were identified as critical to the revitalization of downtown which includes the Vons/Rite Aide Shopping Center. The area was defined through a series of meetings with the public and community groups with clear consensus that the appearance and use within specific areas adjacent to the Downtown District were vital to the success of any downtown revitalization efforts. Factors cited during the public review process were as follows: • Master planning of the shopping center represents a significant redevelopment opportunity for Downtown; • The shopping center represents a gateway to the Downtown District; • The shopping center represents infill opportunities along El Camino Real with commercial retail uses that emphasize a community -friendly pedestrian quality, complimentary to the Downtown District; and • The planned Caltrans on and off -ramp improvements will significantly increase the visibility of the shopping center, providing a definable impression of the City and entry to the downtown area. Staff has continued to meet with the applicant on a regular basis to discuss the use compatibility issue and discuss other options for the site. The applicant is aware of the Council's latest policy determination and has requested to proceed with the approval process. RECOMMENDATION: At the January 19, 2005 Planning Commission hearing the Commission voted 6-1 not to deny the application with a determination that all of the findings for approval could be made. The Commission directed staff to return a completed project that could be approved as a superior gateway project. ITEM NUMBER: DATE: 4-19-05 Staff has completed the project application as requested; however, staff continues to stand by its original recommendation to deny the project. Staff is recommending denial of the project on the following grounds: 1. Required CUP finding #4 cannot be made based on the fact that it is contrary to the City Council's Policy that states: "Auto Repair and Services" land uses located within the Downtown Study Area are "inconsistent with the character of the immediate Downtown neighborhood and contrary to its orderly development." 2. Required CUP finding #1 cannot be made since the use is inconsistent with General Plan Goal LOC 4, `Provide a Strong and Distinctive Downtown Area". 3. The use is inconsistent with the Downtown Revitalization Plan Vision of creating a prominent downtown gateway around the new U.S. Highway 101/41 interchange project. 4. The applicant has not responded to the Planning Commission's direction to provide superior architecture and landscape. Staff Recommends: Adopt Resolution PC 2005-0008 (Attachment 3) denying certification of Proposed Mitigated Negative Declaration 2005-0002; and, denying Conditional Use Permit 2004-0144. Alternative Planning Commission action to approve the project: 1. Adopt Resolution PC 2005-0009 (Attachment 4) certifying Proposed Mitigated Negative Declaration 2005-0002; and, approving Conditional Use Permit 2004-0144 to include the Master Plan of Development (EXHIBIT B) based on findings and subject to Conditions of Approval and Mitigation Monitoring. Situation and Facts: 1. Applicant / Representative: Atascadero Enterprises 2505 Theatre Drive Paso Robles, CA 93446 2. Project Address: 7095 EI Camino Real (APN 030-081-008) (San Luis Obispo County). 3. General Plan Designation: GC - General Commercial 4. Zoning District: CR (Commercial Retail) 6. Redevelopment Area: Yes ITEM NUMBER: 2 DATE: 4-19-05 7. Site Area: 17,059 Square feet 8. Existing Use: Vacant building 9. Environmental Status: Proposed Mitigated Negative Declaration 2005-0002 DISCUSSION: Process History: October 15, 2003 One year prior to the applicant's purchase of the subject property, the applicant met with staff to inquire about the process and feasibility of constructing a lube and oil maintenance facility on the subject site. Staff communicated that such a project would require a Conditional Use Permit; however, the project would not likely be approved by the Planning Commission due to incompatibility of use related to General Plan goals and policies. Staff recommended that alternate sites be considered that could be supported by staff. October 14, 2004 A year later, staff met with the applicant and communicated to the applicant that the required CUP findings for the project could not be made and the project would not be supported by staff. In addition, staff offered to work with the applicant in finding appropriate locations for the business elsewhere in the City. The applicant disagreed with staff's position. Similar communications occurred with the applicant's representative in November 2004. December 6, 2004 The applicant submitted a Conditional Use Permit application for the oil, lube and car wash facility. Staff again met with the applicant to express concern about the project's compatibility with downtown, and in order to resolve this issue quickly, the applicant and staff agreed to bring this to the Planning Commission to address the neighborhood compatibility issue. The purpose was to be sensitive to the applicant's financial risk in a business friendly manner so that the applicant would not expend financial resources towards a project that would not be approved. Again, as a courtesy, staff offered to work with the applicant in finding appropriate locations within the City. The applicant expressed no interest in alternate locations. January 18, 2005 Staff recommended denial of the proposed application based on incompatible use on the project site with the surrounding neighborhood (the Downtown), inconsistencies with the General Plan, conflicts with the City Council policies as a Prime Commercial Site and, problems with the downtown revitalization planning efforts which identifies the site area as a Downtown Gateway. ITEM NUMBER: DATE: 4-19-05 Despite staff's concerns, the Commission was of the opinion that all of the findings for approval could be made with additional plan revisions and directed staff to process the proposed project for Planning Commission consideration at a future date. The Commission specifically requested the applicant improve the project with expanded landscaping and added architectural treatment that would result in a superior appearance, with special attention to views from U.S. Highway 101 northbound future on and off -ramps and from EI Camino Real. February 8, 2005 The City Council reviewed the Downtown Revitalization Plan Vision which identified the Vons / Rite Aide shopping center and the project site as part the "Downtown Study Area" and as a major City Gateway to the downtown area. February 16, 2005 Staff met with the applicant and reviewed available alternate project sites combined with a suggested offer on the existing proposed site with a financial return. The applicant rejected these sites and discontinued all communications with City staff regarding alternate sites. February 18, 2005 The City Council, members of the Planning Commission, and the public were invited to participate in a walking tour of the Downtown Revitalization Plan, including the Hwy 41/101 improvement gateway area. There was consensus that the downtown revitalization plan vision was to: include adjacent areas outside the Downtown District, including the Vons/Rite Aide shopping center; would emphasize uses and appearance that would improve the City's downtown image; would emphasize pedestrian commercial retail uses; and the Vons/Rite Aide shopping center was within the sphere of influence of the Downtown District. March 8, 2005 The City Council reviewed and approved the Downtown Revitalization Plan Vision Policies and implementation steps, including the restriction of automotive maintenance uses within the downtown revitalization area. At the time of policy adoption, the City Council understood that the proposed lube and car wash project was currently being reviewed by staff and could possibly proceed to Planning Commission with a negative recommendation from staff. Although invited by staff, the applicant did not attend the public hearing or provide formal comment to the City Council for this hearing. In order to clarify the City's position related to auto repair and service uses within the Downtown Study Area, the Council adopted the following policy: Support findings that "Auto Repair and Services" land uses located within the Downtown Study Area are "inconsistent with the character of the immediate Downtown neighborhood and contrary to its orderly development." ITEM NUMBER: DATE: 4-19-05 March 15, 2005 Staff met with the applicant to discuss the City position on the project and alternative uses for the site and other locations for the proposed use. The applicant made it clear to staff that they wanted to proceed with the hearing process without staff's support for the project. The applicant also indicated not being open to alternate sites or options. Downtown Area Revitalization Plan Inconsistency The proposed project site is located on the edge of the Downtown District near the intersection of EI Camino Real and Morro Road, an area designated as a "Gateway Feature" for the downtown area. Per the plan, the gateway designation is intended to contribute toward identifying the Downtown Area. Downtown Area Revitalization Plan Policy "Transform the Downtown into an identifiable place" that is "part of the vision for a successful Downtown revitalization". An automotive maintenance land use is inconsistent with the gateway concept of creating an identifiable place that can be identified with a successful downtown area. On March 8, 2005, the City Council adopted the Downtown Revitalization Plan Vision that identifies opportunities and constraints regarding the revitalization of the downtown area. The downtown study area encompasses the downtown zoning district and areas immediately adjacent to the downtown zone that have been identified by the Council as having a significant impact to the success of the revitalization efforts. The Council identified the project site as being within the Downtown Study Area and adopted the following policy to prevent new auto repair uses from being established in and around the Downtown. Council Policy "Auto Repair and Services" land uses located within the Downtown Study Area are "inconsistent with the character of the immediate Downtown neighborhood and contrary to its orderly development." In addition, the following projects represent City priorities for economic investments within the Downtown Study Area to improve the aesthetics, pedestrian amenities and appeal to tourists: • 2005 Ongoing City Council Strategic Planning for Downtown Study Area • Downtown Fagade Improvement Program • Carlton Hotel Opening and Hotel Parking Lot • Downtown Architectural Street Lighting Program ITEM NUMBER: 2 DATE: 4-19-05 • EI Camino Real Downtown Streetscape • U.S. Highway 101/Morro Road/ EL Camino Real Interchange Improvements • Sunken Gardens Improvement Plan • Lewis Avenue Bridge Plan • Colony Square Plan (Refer to below exhibit) • Corporation Yard Relocation • Youth Center Project 'R0 Downtown Revitalization Plan Vision �' owierouxi.� \\� ..,. L��1 Downtown - _. -- - -- Study Area }� - Boundary O Formatted: Font: Arial Black, Not !� .• i nn.w...r / �, i � - o� Bold ' � sw«a Raxwxn P . _�- P Project Site Formatted: Font: Arial Black The proposed project is located in the middle of the US 101/41 interchange project that is planned to create a significant civic , gateway and _ Downtown entry . statement` 1. ,Y S •, R ro e.re '" HWrOlm tameGraYm .,�? To Pre kba T a �• ; �l.al Ma•raeoak • - .� �...rr n4a.+nvf�ra y,6y L. ITEM NUMBER: 2 DATE: 4-19-05 R, �5 ToSuka. w Y� �� ,lf.�VW'w IMn'�ltw v Tem 4d ~ly - _ 1 . g i. Project 6� /" r Site b COLONY • a O Irk IDr8 - To San Lan 06op, a • \ Lrvmp. 9n.ppnp h bnlm,{mum \%"W".r R ro e.re HIGHWAY 101 41 INTERCHANGE IMPROVEMENTS SLO - 101 - PM 25.4 25.7 New New OA-'_ Decorative and O. Overpass Ramp _ 1 -- 1 ROUTE 101 Genie's V. Project Site �.^ - -,-- -- _ • ~�. _ .. Formatted: Font: Not Bold ITEM NUMBER: DATE: 4-19-05 Prime Commercial Site Inconsistency The proposed project site is located within the Vons/Rite Aide shopping center which is designated as a Prime Commercial Site by the City Council. This designation is intended to encourage well-planned development or redevelopment of specific commercial sites within the City. As a Conditional Use Permit, the proposed project is subject to review in anticipation of possible future master planning to attract commercial retail uses that will enhance this central commercial location and provide positive synergy to the revitalization of the City's downtown area. Developers are currently inquiring regarding development opportunities of this shopping center. Master planning of the shopping center with the proposed auto repair and service land use at the forefront of the project site is inconsistent with the concept of creating a prime retail commercial center. General Plan Inconsistency The 2002 General Plan goals and policies refer to creating a strong and distinctive downtown area. The adopted 2000 Downtown Revitalization Plan and Downtown Revitalization Plan Vision are implementing actions of the General Plan which are designed to accomplish the above -stated goal. Projects contrary to these implementing plans and policies are contrary to the General Plan. As noted throughout the staff report, the downtown area includes both the downtown zoning district and adjacent surrounding areas as identified in the Downtown Vision Study Area. The following analysis supports the argument that the required findings for project approval cannot be made: A. Conditional Use Definition: Atascadero Municipal Code Section 9-2.109 defines Conditional Use Permit as "the process used to review land use proposals of a nature or magnitude which could significantly affect their surroundings." As analyzed within the staff report, the proposed automotive repair and service use is of a nature and magnitude that is inconsistent with a number of different plans and policies of the City Council. B. The site will be highly visible and provide a "first impression" to visitors and residents exiting northbound U.S. Highway 101. The General Plan refers to "Gateways", meaning areas requiring special design and emphasis on the positive qualities of the City of Atascadero. More specifically, the General Plan contains Goal LOC 4: "Provide a Strong and Distinctive Downtown Area". In this case, the project site is of gateway importance to the City's downtown area. The revitalization of downtown as a place people want to be is, in part, realized through the "first impression" of downtown visitors at the project location. An auto repair and service facility with a car wash does not offer the impression of a "vibrant dining, pedestrian oriented, community gathering area or civic destination" that is referenced within the General Plan. Staff believes that the proposed use is inconsistent with the City's long range ITEM NUMBER: 2 DATE: 4-19-05 planning efforts in creating a positive image toward the revitalization of downtown. As analyzed above, an automobile oil and lube maintenance with car wash facility at the proposed location is inconsistent with the following General Plan Policies with particular emphasis on LOC 4: • General Plan LOC 4: Provide for a strong and distinctive Downtown Area. • Policy 4.2: Enhance the appearance of the Downtown Area and improve pedestrian circulation. Required Conditional Use Permit Findings: An applicant does not have a clear or implied right to a Conditional Use Permit because the project is not a permitted use under the Zoning Ordinance. The purpose of the Conditional Use Permit process is for the applicant to demonstrate to the Planning Commission that the use is consistent and compatible with the City's long term plans, goals, and policies. The Zoning Ordinance requires the Planning Commission to make five findings to ensure that conditional uses are consistent and compatible. Each of the five findings must be made for project approval. As analyzed above, it is staff's opinion that required findings # 1 and # 4 cannot be made: 1. The proposed use is consistent with the General Plan. Staff Comment: The proposed use is inconsistent with the General Plan. As analyzed above, the project is inconsistent with General Plan Policies specifically related to gateway treatments (first impression, noise and traffic) and City Council downtown revitalization implementation policies. • General Plan LOC 4: Provide for a strong and distinctive Downtown Area. • Policy 4.2: Enhance the appearance of the Downtown Area and improve pedestrian circulation. 2. The proposed use satisfies all applicable provisions of the Zoning Ordinance. Staff Comment: Although the project is not an allowed use within the Commercial Retail Zoning District (requiring Planning Commission approval of a Conditional Use Permit), the project may satisfy other zoning provisions. Conditional Use Permits are required in order to allow the City ITEM NUMBER: DATE: 4-19-05 an opportunity to review the appearance and the appropriateness of the specific use within the location proposed for such use. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental of injurious to the property or improvements in the vicinity and the use. Staff Comment: As conditioned, the proposed use appears to be consistent with this finding. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed use at the proposed site is inconsistent with the City's General Plan and downtown revitalization plan vision. The project is inconsistent with General Plan Policies specifically related to gateway treatments (first impression, noise and traffic) and revitalization efforts within the Vons/Rite Aide Shopping Center, and within the adjacent downtown area. The City Council has adopted a policy stating that finding #4, cannot be made for this type of use in the Downtown Study Area. Council Policy "Auto Repair and Services" land uses located within the Downtown Study Area are "inconsistent with the character of the immediate Downtown neighborhood and contrary to its orderly development." The proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: Although traffic volumes have not been analyzed, the proposed use may be consistent with this finding. The applicant has not submitted the requested traffic circulation study to determine if circulation impacts related to the project could exist. ITEM NUMBER: DATE: 4-19-05 ANALYSIS OF PLANNING ISSUES Project Definition The proposed project consists of constructing a new 2,114 square foot 2 -bay automotive maintenance lube and oil garage with an attached waiting room and drive-through car wash facility. The project would include a minimum of six vehicle parking spaces and a large 36 -foot wide front paved area and a 51 -foot wide rear paved driveway to accommodate vehicle queuing area entering and exiting the facility. The building site has been oriented to receive vehicles from EI Camino Real and circulate them toward the back for vehicle queuing. Upon servicing or washing, vehicles would exit out of the front onto EI Camino Real. On-site parking is located along the north side of the site. The architectural style is Mediterranean with stucco and concrete block siding and Spanish -tile roofing. A small trellised patio area is proposed in front of the enclosed waiting lobby. Landscaping is proposed along the front and site perimeter. The applicant has requested to proceed through the application process. Staff has provided the applicant with several recommendations to assist the applicant in achieving a superior project; however, the applicant has requested that most changes be directed by the Commission and not staff. As this is an unusual request, the project contains several conditions of approval that are normally incorporated into a project by the applicant prior to CEQA documentation, Public Hearing, and Planning Commission consideration. Project Summary Table TOTAL LOT AREA: 17,050 SQFT 100% FOOTPRINT: 2,114 SaFT 12% FLATWORK: 1,434 SaP=T 9% PAVING: 10,(303 SaFT (3296 L.ANDSCAPINO: 2,908 SQFT 1796 ITEM NUMBER: DATE: 4-19-05 Project Background Surrounding Land Use and Setting: North: Vons / Rite Aide shopping center East: Vons / Rite Aide shopping center South: Vons / Rite Aide shopping center West: EI Camino Real commercial The General Plan and Zoning Ordinance identifies the project site and all surrounding properties as GC (General Commercial) with a CR (Commercial Retail) zoning district designation. The project is also within the Redevelopment Area. The Zoning Ordinance allows the establishment of an automotive lube and car wash facility only with approval of a Conditional Use Permit (CUP). The purpose of the CUP is for specific review by the Planning Commission for compatibility and conformance of the proposed use and appearance with the commercial character of the surrounding area, future plans and planning activities, and adherence to the General Plan, General Plan implementation policies, and the Zoning Ordinance. The CUP also provides an opportunity for the public to comment on the project. Although staff has consistently communicated to the applicant that the proposed project use is inconsistent with General Plan implementation policies, staff has remained available to welcome the business at alternate sites within the city. The applicant has expressed interest only in the subject site. Appearance Review Site Plan The site plan has been revised from the original submittal with one less service bay, a re -orientation of the building with service bays facing EI Camino Real, addition of landscape planter strips, and access only being taken from EI Camino Real. According to the applicant, these changes were made to avoid reciprocal access requirements with adjacent property owners and to improve the project appearance along EI Camino Real. Rite Aide Parking Lot ITEM NUMBER: 2 DATE: 4-19-05 COMMUNITY 3 Y ' ON Staff provided the applicant with several recommendations to aide the applicant in meeting the Planning Commission recommendations for superior appearance such as increased front landscape area, tree planting, architectural enhancements, circulation changes, and improved colors. The applicant requests that any changes be at the discretion of the Planning Commission (Refer to Exhibit 1). As this is an unusual request, staff has added a condition of approval to revise the site and landscape plan as originally requested (CUP Condition 10). Architecture, Materials, Color The architecture is a contemporary Spanish Mediterranean style theme with Spanish -tiled roof, roll -up glass doors, and beige stucco siding with concrete base trim. A trellised patio area is proposed in front of the office/lobby. ITEM NUMBER: DATE: 4-19-05 Proposed Front Elevation showing a similar building with identical materials and one less service bay due to the increase in site paving. Staff believes the building does not respond to the Planning Commission request for additional architectural design. Staff had recommended that the applicant provide architectural upgrades to the original proposal to achieve a superior project, as requested by the Planning Commission. Although the architecture has remained essentially unchanged, the applicant eliminated one service bay, reduced the length of the carwash building, located the office/lobby to the south, and changed the garage door bays from a square opening to an arch opening. It appears that the changes were due to site revisions in order to maintain circulation to and from EI Camino Real. From staff's experience, the change in architecture is an insignificant modification to an important request of the Planning Commission. Changes to the building design and orientation now make the service bays and car wash more prominent from the freeway off -ramps. However, the applicant has requested to proceed as submitted (Refer to Exhibit 1). Staff has not included conditions to upgrade the building or car wash facility. Staff had requested that the original color and material board be revised to reflect deeper richer colors. The applicant requests that any changes be at the discretion of the Planning Commission. As this is an unusual request, staff has added a condition of approval to revise the color and material board as originally requested (CUP Condition 6). �� ay Previous Front Elevation showing stucco building with tile roof and trellis work. Planning Commission had requested improvements to this design. Proposed Front Elevation showing a similar building with identical materials and one less service bay due to the increase in site paving. Staff believes the building does not respond to the Planning Commission request for additional architectural design. Staff had recommended that the applicant provide architectural upgrades to the original proposal to achieve a superior project, as requested by the Planning Commission. Although the architecture has remained essentially unchanged, the applicant eliminated one service bay, reduced the length of the carwash building, located the office/lobby to the south, and changed the garage door bays from a square opening to an arch opening. It appears that the changes were due to site revisions in order to maintain circulation to and from EI Camino Real. From staff's experience, the change in architecture is an insignificant modification to an important request of the Planning Commission. Changes to the building design and orientation now make the service bays and car wash more prominent from the freeway off -ramps. However, the applicant has requested to proceed as submitted (Refer to Exhibit 1). Staff has not included conditions to upgrade the building or car wash facility. Staff had requested that the original color and material board be revised to reflect deeper richer colors. The applicant requests that any changes be at the discretion of the Planning Commission. As this is an unusual request, staff has added a condition of approval to revise the color and material board as originally requested (CUP Condition 6). ITEM NUMBER: 2 DATE: 4-19-05 LandscaDe Desion Landscaping is provided along the site perimeter with a reduction in planter area along EI Camino Real from that originally proposed (Refer to Landscape Exhibits below). As discussed in the Site Plan section above, a condition of approval has been included to revise the site and landscape plan to accommodate an enlarged landscape planter along EI Camino Real as originally requested (CUP Condition 9 and 10). Additional Landscape Required ITEM NUMBER: DATE: 4-19-05 Signage The existing non -conforming pole sign is proposed to be removed. New signage is proposed on the north, south and west elevations. A monument sign is proposed along EI Camino Real. A condition of approval is included for the signage to conform to Exhibits B and E and the monument sign to conform to the Atascadero Municipal Code and be constructed of materials, color and finish to match the proposed building (CUP Condition 12). The existing non -conforming pole that once supported a sign will be removed with the project (CUP Condition 13). Circulation and Street Frontaae Improvements The project site was formerly developed as a gasoline service station with vehicle access from EI Camino Real. The proposed project maintains access from EI Camino Real with no additional access from adjacent properties. Due to the proximity of the proposed project to the existing Vons Shopping Center / EI Camino Real intersection, future U.S. Highway 101 on and off -ramps, and Highway 41, staff requested standard traffic analysis to determine potential vehicle and circulation conflicts as a result of project implementation. The applicant requests that the Planning Commission determine if the numerous existing studies performed by Caltrans are now insufficient and if a traffic study is required. As this in an unusual response and request, staff has added a condition of approval to provide a traffic analysis identifying impacts of development on existing infrastructure for review and approval of the City Engineer. In addition, recommendations of the traffic analysis shall be incorporated into the proposed project, subject to staff approval (CUP Condition 16, Mitigation Measure 15.d.1). Staff and Caltrans have requested that the project be designed to not utilize access from the southerly EI Camino Real Driveway as the Caltrans U.S. Highway 101 ramp improvements will require elimination of this driveway. The applicant requests that the plan remain unchanged because they do not own the entire point of access. However, the site plan identifies up to 50 percent of the entry that could be removed. Unless the applicant can prove that the property is not part of the project site or contains an irrevocable access easement, a condition of approval will apply to revise the site plan and frontage improvements as requested by Caltrans and staff (CUP Condition 16, 17, Mitigation Measure 15.d.2). ITEM NUMBER: 2 DATE: 4-19-05 KAR 2.1 ti Driveway Closure Required Proposed Site Plan wit increase in circulation pavement from 9,558 to 10,604 square feet. ITEM NUMBER: 2 DATE: 4-19-05 Site Drainaae The site slopes gently to the southwest towards EI Camino Real and U.S. Highway 101. Drainage has been designed to flow into an on-site engineered underground drainage filtration system. Wastewater Onsite sewer service currently exists from EI Camino Real. Proposed Environmental Determination Staff has prepared a Draft Mitigated Negative Declaration that was circulated to public agencies and interested members of the public on February 18, 2005. The Environmental Analysis identified potential impacts to aesthetics, air quality, land use, geology and soils, water quality, noise, and traffic. On February 23, 2005, the applicant submitted revised plans which have not substantially changed the potential impacts of the project. This revision has been incorporated into the Draft Mitigated Negative Declaration. Mitigation measures pertaining to these areas are included. If the Planning Commission approves the project, a finding has been prepared that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures and conditions of approval. However, as analyzed within the staff report, staff is recommending the Commission deny Proposed Mitigated Negative Declaration 2005-0002. CONCLUSION: The proposed project does not meet the City's General Plan goals and objectives when considering the proposed use on the subject site. Proposed architecture and landscaping improvements over the existing site condition does not justify the proposed use. The applicant has not adequately acknowledged the Planning Commission request to incorporate revisions for a superior gateway project. Findings cannot be made for project approval. ALTERNATIVES: 1. The Commission may modify 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 ITEM NUMBER: DATE: 4-19-05 type of information that is required and move to continue the item to a future date. The Commission may approve the project, as conditioned. Findings for project approval have been prepared, as attached. The Commission should specify the reasons for approval of the project and make an associated finding with such action. PREPARED BY: Steve McHarris, Deputy Community Development Director ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Proposed Mitigated Negative Declaration and Initial Study Attachment 3 Draft Resolution of Approval Proposed Mitigated Negative Declaration and Conditional Use Permit ITEM NUMBER: DATE: 4-19-05 Attachment 1: Location Map, General Plan and Zoning Existing Designations: -General Plan: GC (General Commercial) -Zoning District: CR (Commercial Retail) ITEM NUMBER: DATE: 4-19-05 Attachment 2: Draft Mitigated Negative Declaration and Initial Study See following ITEM NUMBER: DATE: 4-19-05 ATTACHMENT 3: Draft Resolution PC 2005-0008 Denial of Conditional Use Permit DRAFT RESOLUTION PC 2005-0008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO DENYING CONDITIONAL USE PERMIT (CUP 2004-0144) APN 030-081-008 (Atascadero Enterprises) WHEREAS, an application has been received from Atascadero Enterprises (2502 Theatre Drive, Paso Robles, CA 93446), applicant and property owner, to consider a project consisting of a 2,114 square foot 2 -bay automotive maintenance lube and oil garage with an attached waiting room and drive-through car wash facility located at 7095 El Camino Real (APN 030-081-008); and, WHEREAS, the site's General Plan Designation is GC (General Commercial); and, WHEREAS, the site's current zoning district is CR (Commercial Retail); and, WHEREAS, the site is designated as a Prime Commercial Site by the City Council; and, WHEREAS, the site is within the Downtown Revitalization Plan Vision and considered to be a gateway site by the City Council and automobile maintenance uses are not permitted by City Council policy; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 19, 2005, studied and considered the Master Plan of Development (CUP 2004-0144), and NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Denial of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project is not consistent with the General Plan; and, 2. The proposed project satisfies all applicable provisions of the Zoning Ordinance; and, ITEM NUMBER: DATE: 4-19-05 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project is inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. The proposed 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 the full development in accordance with the Land Use Element. SECTION 2. Denial of Conditional Use Permit. The Planning Commission does hereby deny Conditional Use Permit 2004-0144 to establish a 2,114 square foot 2 -bay automotive maintenance lube and oil garage with an attached waiting room and drive-through car wash facility located at 7095 El Camino Real (APN 030-081-008). On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 4-19-05 ATTACHMENT 4: Draft Resolution PC 2005-0009 MND 2005-0002 and CUP 2004-0144 Draft Mitigated Negative Declaration / Conditional Use Permit DRAFT RESOLUTION PC 2005-0009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2005-0002 AND APPROVING CONDITIONAL USE PERMIT 2004-0144 APN 030-081-008 (7095 El Camino Real / Atascadero Enterprises) WHEREAS, an application has been received from Atascadero Enterprises (2502 Theatre Drive, Paso Robles, CA 93446), applicant and property owner, to consider a project consisting of a 2,114 square foot 2 -bay automotive maintenance lube and oil garage with an attached waiting room and drive-through car wash facility located at 7095 El Camino Real (APN 030-081-008); and, WHEREAS, the site's General Plan Designation is GC (General Commercial); and, WHEREAS, the site's current zoning district is CR (Commercial Retail); and WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005- 0002 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 Conditional Use Permit; and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on April 19, 2005 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to certify Proposed Mitigated Negative Declaration 2005-0002 based on the following Findings as shown on Exhibit A: ITEM NUMBER: DATE: 4-19-05 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. 5. The project does not have impacts which are individually limited, but cumulatively considerable. 6. 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, including the 2000 Downtown Revitalization Plan and Downtown Revitilization Plan Vision 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. ITEM NUMBER: 2 DATE: 4-19-05 SECTION 3. Approval of Conditional Use Permit. The Planning Commission does hereby approve Conditional Use Permit 2004-0144 to establish a vehicle maintenance oil, lube and car wash facility at 7095 El Camino Real (APN 030-081-008), consistent with the following Exhibits: 1. EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program 2. EXHIBIT B: Master Plan of Development 3. EXHIBIT C: Landscape Plan 4. EXHIBIT D: Grading and Drainage Plan 5. EXHIBIT E: Elevations and Floor Plans 6. EXHIBIT F: Utility Plan 7. EXHIBIT G: Color and Material Board 8. EXHIBIT H: Applicant's Response to Staff Comments (Informational) On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 4-19-05 Exhibit A Proposed Mitigated Negative Declaration 2005-0022 See Following ITEM NUMBER: DATE: 4-19-05 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Conditional Use Permit 2004-0144 / MND 2005-0002 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7095 EI Camino Real GP: Grading Permit FD: Fire Depanment CUP 2004-0144 and Master Plan of Development BP: Building Penn FI: Final lnspedion PD: Pdice Depanment CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: Cily Atomey F0: Final Occupancy Planning Services 1. The approval of this conditional use permit shall become final and BP PS effective following Planning Commission approval. 2. The Conditional Use Permit shall be valid only for the described FM PS 2,750 square foot 3 -bay lube and oil facility with car wash. Any change or expansion of this use shall require a new conditional use permit, subject to staff review and Planning Commission approval. 3. Subsequent changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission, independent of Council action, unless otherwise appealed to the City Council. 4. The Community Development Department shall have the authority to BP / FM PS approve the following minor changes to the project the (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps, unless otherwise appealed to the City Council. 5. All subsequent Maps and construction permits shall be consistent BP/FM PS with the Master Plan of Development contained herein. 6. All exterior elevations and finish materials shall be consistent with the BP PS Master Plan of Development as shown in EXHIBITS B, C and D. The original color and material board shall be revised to reflect deeper richer earthone colors, subject to staff approval. 7. All site development shall be consistent with the maximum intensities BP/FM PS described in the statistical project summary as shown in EXHIBIT B. 8. All site work, grading, and site improvements shall be consistent with BP/FM PS the Master Plan of Development as shown in EXHIBIT B. 9. A final landscape and irrigation plan shall be approved prior to the BP PS issuance of building permits and included as part of site improvement plan consistent with EXHIBITS A, B, and C. All exterior meters, air conditioning units, and mechanical equipment shall be screened with landscape material. ITEM NUMBER: DATE: 4-19-05 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business License BS: Building Services 7095 EI Camino Real GP: Grading Permit FD: Fire Department CUP 2004-0144 and Master Plan of Development BP: Building Permit FI: Final Inspection PD: Pdice Deparhent CE: City Engineer TO: Temporary WW: Wastewater O=Pncy CA: City Attorney F0: Final Oavpancy All landscape maintenance shall be the responsibility of the individual property owner. All proposed tree locations, species, and sizes shall be as identified in EXHIBITS C, as conditioned. Trees shall be double staked. The landscape plan shall be revised to accommodate an enlarged landscape planter along EI Camino Real (also refer to condition CUP #17 - This area of the project site shall be designed to include an expanded landscape planter with no through vehicle access to the site) subject to staff approval. 10. The building location shall be shifted approximately 15 feet back (to BP PS the east), as feasible to accommodate an enlarged landscape planter along EI Camino Real. 11. The project landscape and screen walls shall be consistent with the BP PS proposed building materials, colors and finish, as conditioned and subject to staff approval 12. Signage shall conform to EXHIBIT B and E and the monument sign BP PS to conform to the Atascadero Municipal Code and be constructed with a decorative base of materials, color and finish to match the proposed building, subject to staff approval. 13. The existing non -conforming sign pole shall be removed. BP PS 14. All exterior material finishes (stone, siding, stucco facades, accent BP PS materials, lighting, garage doors) shall be durable, high quality, and consistent with the proposed architectural appearance. 15. Mutual access agreements with the adjacent property owner to the BP, ongoing PS, CE east shall be required at all times with the operation of the approved business and under the approval of this Conditional Use Permit. 16. The project shall include a traffic study to identify project ingress and BP PS, CE egress effects in relation to Cal trans improvements along EI Camino Real as well as existing and proposed U.S. Highway 101 northbound on and off ramps across from the project site. The study shall include consultation with Cal trans and the City Engineer and include recommendations designed to reduce potential significant impacts to a level of insignificance. 17. The project shall be designed to not utilize access from the southerly BP PS,CE EI Camino Real Driveway as the Caltrans U.S. Highway 101 ramp improvements will require elimination of this driveway. Unless the applicant can prove that the property is not part of the project site or contain an irrevocable access easement, this condition shall apply to revise the site plan and frontage improvements as noted on Exhibits ITEM NUMBER: DATE: 4-19-05 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business License BS: Building Services 7095 EI Camino Real GP: Grading Permit FD: Fire Department CUP 2004-0144 and Master Plan of Development BP: Building Permit FI: Final Inspection PD: Pdice Deparhent CE: City Engineer TO: Temporary M. Wastewater Ocapancy CA: City Attorney F0: Final Occupancy B - F. Building Services 18. A soils investigation prepared by a licensed Geotechnical BP BP, CE Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Engineering Conditions: PROJECT SPECIFIC CONDITIONS Drainage: 19. All drainage shall be filtered prior to entering storm drainage system. BP CE Filtering system must remove all oil, other hydrocarbons, sediments, and floatables. System shall be approved by the City Engineer prior to construction SANITARY SEWER CONDITIONS 20. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. STANDARD CONDITIONS 21. All public improvements shall be constructed in conformance with BP CE the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Atascadero Mutual Water Company 22. Before the issuance of building permits, the applicant shall submit BP BS plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. ITEM NUMBER: DATE: 4-19-05 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business License BS: Building Services 7095 EI Camino Real GP: Grading Permit FD: Fire Department CUP 2004-0144 and Master Plan of Development BP: Building Permit FI: Final Inspection PD: Pdice Deparhent CE: City Engineer TO: Temporary M. Wastewater O=Pncy CA: City Attorney F0: Final Oavpancy 23. .Before the start of construction on the water system BP BS improvements, the applicant shall pay all installation and connection fees required by AMWC. 24. Before issuance of building permits, the applicant shall obtain a BP BS "Will Serve" letter from AMWC for the newly created lots within the subdivision. 25. The applicant shall provide AMWC with easements for those BP BS water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. The applicant shall obtain a separate landscape -irrigation meter(s) from BP BS BP AMWC for the common areas within the project. Landscaping for the common areas shall be drought -tolerant. BP BS BP Before construction of the water system improvements, AMWC shall review BP BS BP and approve the irrigation plans for the common areas within the project. Mitigation Measures Mitigation Measure 1.c.1: The following landscape mitigations shall apply: BP BS, PS, CE 1.c.1 • The proposed landscape planter along EI Camino Real shall be expanded and enhanced with landscape screening. Proposed screen walls shall be complimentary in color and material to the proposed architectural theme. • The project landscaping shall include three street trees along EI Camino Real placed a minimum of 30 feet on center or at locations complimentary to the architectural design of the proposed buildings, subject to staff approval. • All proposed parking area trees shall be shade trees of 15 -gallon size and shall be double staked. Mitigation Measure 1.c.2: The proposed buildings shall include the use of BP BS, PS, CE 1.c.2 paint and roof colors consistent with the architectural style and designed. ITEM NUMBER: DATE: 4-19-05 Conditions of Approval / Mitigation Monitoring Program 7095 EI Camino Real CUP 2004-0144 and Master Plan of Development Timing BL Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary O=Pncy F0: Final Oavpancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Pdice Deparhent CE: City Engineer W. Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it shall BP BS, PS, CE 1.d.1 be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type with design compatible with the planned downtown gateway designation, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with BP, GP BS, PS, CE 3.b.1 all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented ITEM NUMBER: DATE: 4-19-05 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business License BS: Building Services 7095 EI Camino Real GP: Grading Permit FD: Fire Department CUP 2004-0144 and Master Plan of Development BP: Building Permit FI: Final Inspection PD: Pdice Deparhent CE: City Engineer TO: Temporary M. Wastewater O=Pncy CA: City Attorney F0: Final Oavpancy as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 6.b.1: The grading permit application plans shall BP Ps, Bs, CE 6.b.1 include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1: A soils report shall be required to be submitted BP PS, BS, CE 6.c.1 with a future building permit by the building department. Mitigation Measure 7.d.1: Per the applicant's Phase II Report (RWQCB BP PS, BS, CE 7.d.1 Case No, 537, the applicant shall notify the Regional Water Quality Control Board and San Luis Obispo County Division of Environmental Health Prior to site grading, excavation, de -watering, or installation of water wells. The notification shall include a statement that residua contamination exists on the property and list all mitigation actions to ensure compliance with site management requirements. In addition, any contaminated soil or groundwater removed from the site shall be handled and disposed of appropriately and under the direction of appropriate re ulato agency. ITEM NUMBER: DATE: 4-19-05 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL Business License BS: Building Services 7095 EI Camino Real GP: Grading Permit FD: Fire Department CUP 2004-0144 and Master Plan of Development BP: Building Permit FI: Final Inspection PD: Pdice Deparhent CE: City Engineer TO: Temporary WW: Wastewater O=Pncy CA: City Attorney F0: Final Oavpancy Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that GP PS, BS, CE 8.e.f.1 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.c.1: The project shall reduce typical noises BP, GP PS, BS, CE 11.c.1 associated with the facility through the use of low -noise equipment, especially associated with hydraulic equipment, washers, and air cannon dryers. Mitigation Measure 11.d.1: All construction activities shall comply with the GP PS, BS, CE 11.4.1 City of Atascadero Noise Ordinance for hours of operation. Mitigation Measure 15.d.1: The project shall include a traffic study to BP, GP PS, BS, CE 15.d.1 identify project ingress and egress effects in relation to Cal trans improvements along EI Camino Real as well as existing and proposed U.S. Highway 101 northbound on and off ramps across from the project site. The study shall include consultation with Cal trans and the City Engineer and include recommendations designed to reduce potential significant impacts to a level of insignificance. Mitigation Measure 15.d.2: The project shall not utilize the northerly BP, GP PS, BS, CE 15.d.2 driveway for site access. This area of the project site shall be designed to include an expanded landscape planter with no through vehicle access to the site. ITEM NUMBER: 2 DATE: 4-19-05 EXHIBIT B: Master Plan of Development (CUP 2004-0144) Z 1 Blip �I f. No Driveway Access/ Additional Landscape Required 7. 0 Z-0 r EXHIBIT C: Landscape Plan (CUP 2004-0144) No Driveway Access/ Additional Landscape Required ITEM NUMBER: DATE: 4-19-05 EXHIBIT D: Grading and Drainage Plan (CUP 2004-0144) i No Driveway Access/ Additional Landscape Required ITEM NUMBER: 2 DATE: 4-19-05 ITEM NUMBER: 2 DATE: 4-19-05 EXHIBIT E: Elevations and Floor Plans (CUP 2004-0144) EXHIBIT F: Utility Plan (CUP 2004-0144) No Dri Acces Additic Lands Requi I , I. o � a A I veway 'nal f -ape I` ed i ITEM NUMBER: 2 DATE: 4-19-05 STEM NUMBER: 2 DATE: 4-19-05 EXHIBIT cSite Section (CUP 2004-0144) ITEM NUMBER: 2 DATE: 4-19-05 EXHIBIT H: Materials & Colors (CUP 2004-0144) COLOR AND MATERIAL SAMPLE BOARD FOR LUBE N GO (ATASCADERO ENTERPRISES L.L.C.) 7095 EL CAMINO REAL ATASCADERO, CA. RECEIVED Refer to Conditions of Approval for DEC 6 2004 Approved Exterior Colors,11 Materials and Finish COMMUNITY DEVELOPMENT OI.O MI."ntilON Pl FND ;i[ll CLAY 'S TYPE OR TWO PIECE ROOF TN. FS DUSTY BEIGE ti80.XX- 66835 664 -XX• FI ASTOMERIC PAINT COLOR ON SMOOTH EH FINISH AT BODY OF BUILDING ALL LLEVATIONS 64549 NeUlralton� NAIURAL STAIN COIOR FOR WOOD TRELLIS. WOOD FASCIAS, NO EXPOSED WOOD BEAM PROJECTIONS ❑IH<;IUTnrar_ xx• ELASTOMERIC PAINT COLOR AT SMOOTH PLASTER ON GARI F END AT LAST ELEVATION AND FACE OF SOFFITT PROJECTIONS ON NORTH AND SOUTH ELEVATION ABOVE ROLL LP GLASS DOORS C)ARKULI`:I- I I ASIOMFHIC PAINT l;ULUII AT SMOOTH PI ASTER WAINSCOIE, AWNING -ULOH AT SOUTH II. EVATION, NU ALUMINUM DOOR AND WINDOW FRAMES ITEM NUMBER: DATE: 4-19-05 EXHIBIT I: Applicant's Response to Staff Comments (Informational - CUP 2004-0144)) �1 • ROBERT FISHER A'V Ah 1.1Itt '01A1 1111,11:11 ;N 10 February 2005 INFORMATION EXHIBIT To : City of Atascadero Community Development Department Attn. - Steve McHarris 6905 El Camino Real Suite 6 Atascadero, ca. 93422 _ RECEIVED Ref :C.U.P. 2004-0144 Adam Scattini / Joe Simonin FEB 1 1 2005 7095 El Camino Real Subject : Project Completedness Check COMMl1N1TVDEVELOPMfNT Steve. This letter shall serve as our response list to your project completeness check of 31 January 2005 along with the revised plans. Planning Department Comments(] thru 11) Fire Marshal Comments (12 thru 19) City Engineer Comments (20 thru 22) 1. Acknowledged and acceptable to applicants 2. Acknowledged and acceptable to applicants 3. Sound level air cannon test attached 4. With all due respect, applicants feel that the site plan and building layout as submitted provides the circulation, customer waiting, and traffic flow through the property that will best serve the business. Applicants wish to leave any additional site plan changes to the discretion of the Planning Commission 5. Stamped a.c. paving has been added to the site plan at the entire front of the property back to the building line 6. Clarification received by telephone from Steve McHarris that parking as shown is allowed and that shared parking agreement on adjacent property will not be necessary 7. Site plan revised for 18' back up at driveway 8. Landscape plan revised 9. Arched openings added at roll -up doors, carwash will be open 24 hours so roll -up metal gates have been deleted. 10. Existing pole sign has been deleted 11. Applicants wish to resubmit with color board as is and will make any adjustments at the discretion of the Planning Commission 12. Building is accessible from all four sides well within fire dept. hose reach and 18' driveway alongside the carwash will not diminish or impede ability of dept. to access the building 13. Acknowledged. This can and will be shown on the final building plans 14. Acknowledged and acceptable to applicants 15. Acknowledged and acceptable to applicants 16. Acknowledged and acceptable to applicants 17. Acknowledged and acceptable to applicants 18. Acknowledged and acceptable to applicants 8665 Mk.& tone :. Akncodwo. CA 93422 s 80S.461.4804 :: Fax 805.461.3150 : E—d �farchOi7,7d ;A" ITEM NUMBER: 2 DATE: 4-19-05 EXHIBIT I: Applicant's Response to Staff Comments (Informational - CUP 2004-0144) • 0 ROBERT FISHER 1 AN Aki. H 1ltl:URAI CORGORAIiON INFORMATION EXHIBIT 19. Acknowledged and acceptable to applicants 20. Southerly shared entrance driveway is not owned by applicant - and they have no legal right to abandon it. 21. Applicant will agree to provide traffic study at the discretion of the Planning Commission if they feel that the numerous exist- ing studies performed by Cal -Trans for the proposed interchanges are now insuffient. 22. Access easement question from Video Palace property at east was an additional concern from Public Works and relayed by telephone after letter was sent. Applicants acknowledge and will provide as a condition of approval. Please feel free to contact me with any questions or comments. Thank you. Sincerely, Fisher,q- 1tortt for applicants 8665 Mrodo Lona :: Apuodwo, G 93422.: 805.461.4804 :: F= 805.461.3150 c Emil: dorch9pdd net