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HomeMy WebLinkAboutPC_2014-05-06_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, May 6, 2014 – 7:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor (Enter on Lewis Ave./Jr. High School Side) Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Dennis Schmidt Vice Chairperson Mark Dariz Commissioner David Bentz Commissioner Duane Anderson Commissioner Len Colamarino Commissioner Christian Cooper Commissioner Jan Wolff 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 three minutes. Please state your name 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.) PLANNING COMMISSION BUSINESS City of Atascadero Planning Commission Agenda Regular Meeting, May 6, 2014 Page 2 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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 ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 15, 2014. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 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. (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 t o provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three 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 2013-1466, LA PLAZA CENTER (HOFF PROJECT) CONDITIONAL USE PERMIT AMENDMENT AT 6500 EL CAMINO REAL (HOFF / EHINGER) Applicant: Derek Ehinger, 6020 Conjeo Road, Atascadero, CA 93422 Owner: Ben Hoff LLC, 2122 Lothar Ln, Templeton, CA 93465 La Plaza Center CUP Amendment Project Title: PLN 2013-1466 / CUP 2013-0268 Project Location: 6500 El Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN: 030-193-003; 030-191-016; 030-191-017; 030-191-030; 030-191-031 Project Description: Applicant is requesting an Amendment to the approved Master Plan of Development (CUP 2013-0268) to allow for an interim indoor recreation use (ice skating / roller skating / other indoor recreation uses). Proposed interim indoor recreational uses include the following:  9,600 square foot (sf) temporary tent structure for indoor recreational uses;  1,200 sf of Bleacher seating;  Temporary ticket booth;  Temporary changing area / skate room; City of Atascadero Planning Commission Agenda Regular Meeting, May 6, 2014 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNEMENT The next regular meeting of the Planning Commission is scheduled for May 20, 2014 at City Hall Council Chambers, 6500 Palma 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.  Temporary caretaker's unit;  Food area. In addition to the proposed interim indoor recreational uses, the applicant is proposing the following special events to take place within the proposed tent structure area:  One (1) concert with amplified music to be held weekly between the months of May through September until 10 p.m.  One (1) Roller Derby event held per month for the duration of the interim use. Proposed interim indoor recreational uses have a proposed sunset date of April 30, 2015 to allow for the construction of proposed improvements consistent with the previously approved Master Plan of Development. There are no proposed changes to the approved 2013 Master Plan of Development. Zoning: Downtown Commercial (DC) General Plan Designation: Downtown (D) Proposed Environmental Determination: Consistent with Class 32 exemption. Staff Recommendation: Planning Commission approve Resolution PC 2014 -0010 approving an Amendment to the Master Plan of Development to allow for interim indoor recreational uses at 6500 El Camino Real. City of Atascadero Planning Commission Agenda Regular Meeting, May 6, 2014 Page 4 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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, 6500 Palma Avenue, 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 in spection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. 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. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). 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 Cit y, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. 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 SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) 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 Co mmission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary 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 Commission. Atascadero Planning Commission Staff Report - Community Development Department Warren Frace, Community Development Director, 470-3488, wfrace@atascadero.org Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org PLN 2013-1466 La Plaza Center Amendment #1 to Conditional Use Permit 2013-0268 6322- 6500 El Camino Real (Blades on Ice / Hoff) RECOMMENDATION(S): Staff Recommends: The Planning Commission adopt Resolution PC 2014-0010 approving Amendment #1 to an approved Master Plan of Development (CUP 2013-0268) allowing a temporary indoor recreational use in the Downtown Commercial zoning district, which will cease operations on March 30, 2015, subject to amended conditions of approval. REPORT-IN-BRIEF: In August 2013 the City Council approved a Downtown Commercial mixed-use project that included 26,500± sf of commercial retail and office space in three (3) separate buildings and pedestrian plazas, an additional 78 off-street parking spaces, and site landscaping. The project site has been identified by the City Council has a priority Economic Development Hot Spot. In November of 2013, Blades on Ice owner Derek Ehinger (applicant), received approval to place his temporary ice skating rink on the vacant parcel from December 2013 until March 2014. It was the City’s, the property owner, and the applicant’s understanding that this would be a temporary, one -time use. The temporary ice rink located in the Downtown was successful and the applicant was approached to continue the operation for roller skating and other uses through the summer. The applicant met with City staff on options to continue the temporary indoor recreational use. Staff advised the applicant that an Amendment to the Master Plan of Development would be required for consistency with the previously approved Conditional Use Permit (CUP). ITEM NUMBER: 2 DATE: 5-6-14 Situation and Facts 1. Applicant: Blades on Ice, 6020 Conejo Road, Atascadero, CA 93422 2. Property Owner: Ben Hoff, LLC, 2122 Lothar Lane, Templeton, CA 93465 3. Project Address: 6322 through 6500 El Camino Real, Atascadero, CA 93422; APN 030-193-003; 030-191-016,017,030,031 4. General Plan Designation: Downtown (D) 5. Zoning District: Downtown Commercial (DC) 6. Site Area: 1.5 acres 7. Existing Use: Partially Vacant 8. Environmental Status: Consistent with previous project approval, 15332 Categorical Exemption: Urban Infill DISCUSSION: Background: The applicant, Blades on Ice, was seeking a new location to place a temporary ice skating rink for winter 2013. The applicant met with staff to discuss possible locations in October 2013, since his previous location off of Highway 41 was no longer available for use. Staff suggested that the applicant contact the property owner to utilize the Hoff property as a potential temporary downtown ice skating rink. The applicant, the property owner, and developer came to an agreement to allow for the temporary ice r ink to be placed on the property. The applicant applied for a building permit (BLD 2013 -11291) and was issued a permit for a temporary tent structure not to exceed 180 days placed on-site. The permit is set to expire May 25, 2014. 2013 City Council Approved Site Master Plan The applicant was approached by interested parties to continue the indoor recreational use through the summer, but rather than ice skating, roller skating would be the primary use. Additional indoor recreational uses were also considered including indoor soccer. The applicant approached City staff in regards to the continuing the temporary indoor recreational uses. Staff was in support of this interim use, however, informed the applicant that a CUP Amendment would be required for the approved Master Plan of Development to ensure consistency with the approved uses. Site Plan The applicant is proposing to maintain a temporary tent structure in the vacant portion of the properties. Proposed Temporary Tent Location The total square footage (sf) for the temporary tent structure is 10,800 sf. The proposed temporary tent structure would include all indoor recreational uses including ice skating, roller skating, indoor soccer, and other sporting activities. In addition to these recreation activities, the applicant is proposing additional special events such as concerts and roller derby throughout the duration of the temporary use. Within the tent structure itself, an area for bench seating is included. The bench seating is proposed to consist of either wood benches for spectators and users, or bleaches for larger special events. The site plan also includes a “skating room” for location of equipment and a ticket booth located directly adjacent to the secondary sidewalk. In addition, the applicant is showing a location for portable restrooms. The final number of restrooms required will be determined by the California Building Code (CBC) and will need to include a El Camino Real Skate Rink Tent proportional share of Americans with Disability Act (ADA) compliant restrooms (condition 24) View of Existing Tent Structure from El Camino Real An area for picnic seating as well as a concession stand is also included in the site plan. At the rear of the tent, an area for gathering and private parties has been included and will require building permits to conform with exiting and accessibility req uirements (condition 23) as required by the CBC. BLD 2013-11291 included the ability to have a temporary caretaker’s residence on-site. The location of the caretaker’s residence (RV) will remain and is shown on the site plan (condition 29). On a site visit with City staff, the Fire Department has requested a 20-foot fire clearance zone be provided (condition 30). The clearance zone will require the removal of fences and posts to ensure fire access in case of an emergency. Proposed Temporary Indoor Recreation Use Site Plan Special Events As a part of the Amendment to the Master Plan of Development, the allowance of special events on-site within the proposed temporary tent structure is included as a condition. These special events include the ability to have once a month roller derby events (condition 31), and the ability to host once a week live music concerts (amplified sound) that are not connected to roller skating or other indoor recreational uses (condition 32). A condition has been placed to allow for amplified music from both concerts and DJ / Live Bands during indoor recreational uses (condition 32). Currently the Noise Ordinance of the Atascadero Municipal Code allows for ambient noise sources to be in operation from 7am to 9pm. The proposed condition allows for additional amplified noise once a week (a designated day) until 10 pm. An exception to the Noise Ordinance is consistent with Section 9-14.11(c). The Planning Commission must take into consideration the following: a. Use of the property within the area affected by noise; Staff Comment The property is surrounded by businesses that generally operate on a standard work week from 8am to 5 pm, with the exception of restaur ants and coffee shops. The site is adjacent to the freeway. Nearby residences are located off of west mall near Historic City Hall, approximately 775 feet away. These concerts may be held once a week one hour past the existing Noise Ordinance. It is staff’s opinion that live music / DJ noise will not be harmful to surrounding businesses or residences. b. Age and useful life of the existing noise; Staff Comment The proposed indoor recreation uses will be temporary in nature. Proposed indoor recreational uses will cease to be valid after March 31, 2015. c. General public interest, welfare and safety; Staff Comment Having additional events that draw people to the Downtown is a positive economic incentive for not only the proposed business, but adjacent businesses that may cater to the proposed indoor recreational use. Parking There are no parking requirements for this type of use in the Downtown. The proposed indoor recreational use will not provide any on-site parking. Parking is available along El Camino Real and along East Mall and West Mall. Additional parking is available within walking distance throughout the downtown. Parking has not been an issue during the operation of the ice rink. Expiration of Temporary Indoor Recreational Use Ultimately City staff, the developer, and the property owner envision the originally approved Master Plan of Development as a catalyst for downtown development. The proposed Amendment to the Master Plan of Development allows for an indoor recreational use and is intended to be temporary in nature and not a permanent use at this location. The applicant is currently seeking a permanent site in another location for his operation. Rather than have the site remain vacant, this temporary use will be used as a draw for residents and visitors of Atascadero. City staff and the applicant will continue to work together in finding a permanent site for the Blades on Ice operation. Staff has included a March 30, 2015 sunset date (condition 33) where indoor recreational uses will cease to be valid and all facilities and equipment will be removed at this location and allow for construction of the proposed La Plaza Center. Environmental Determination: Staff has reviewed the project for consistency with the California Environmental Quality Act (CEQA). The proposed Amendment is consistent with the previously approved Class 32 exemption. The Class 32 exemption, urban infill, is consistent with Section 15332 of the California Code of Regulations, and is reserved for projects that are characterized as “infill” development. Findings - Conditional Use Permit: The Planning Commission must make the following findings in order to approve the Amendment to the Conditional Use Permit. If the Commission chooses to deny the Amendment, one of the following findings must be sited as the reasons for denial: 1. The proposed project or use is consistent with the General Plan and the City’s Appearance Review Manual. Staff Comment: The project architectural, site design and land use are consistent with the goals of the General Plan. The proposed tent is temporary in nature and is not a permanent feature of the Master Plan of Development. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned the project would be consistent with the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed Amendment is temporary in nature. The proposed project is conditioned to obtain building permits to ensure health, safety and welfare is maintained and that the tent structure meets these standards that are established by the California Building Code. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed project will not be detrimental to the surrounding neighborhood uses and character. The tent structure is temporary and will not be a permanent feature in the Downtown. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: Traffic will not have a significant traffic impact on the surround neighborhood. These trips will not create a significant impact to intersections that operate above a LOS C. Based on staff’s analysis in the preceding sections, it appears that all of the requ ired findings for approval of an amendment to the Conditional Use Permit. Conclusions: The proposed project is a temporary use for the site rather than sitting vacant. The indoor recreational uses are a draw for the downtown, in addition to the proposed special events. The indoor recreational use will have a sunset date in order to allow for construction of the proposed mixed -retail development project known as La Plaza Center. City staff will continue to work the applicant to find an appropriate site within the City for a permanent indoor recreational use that will benefit the City’s residents and provide for a much needed indoor recreational venue in San Luis Obispo County. ALTERNATIVES: 1. The Planning Commission may recommend approval of the amendment with additional or revised project conditions. 2. The Commission may recommend denial of the amendment if it is found that the required findings cannot be made. The Commission’s recommendation to deny must include a finding for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direct ion should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 – Location Map (General Plan & Zoning) Attachment 2 – Site Photos Attachment 3 – Proposed Site Plan Attachment 4 – Draft PC Resolution 2014-0010 Location Map (General Plan & Zoning) PLN 2013-1466 / CUP 2013-0268 – Amendment #1 6322-6500 El Camino Real Zoning: Downtown Commercial (DC) Land Use Designation: Downtown (D) Project Site 6322-6500 El Camino Real ATTACHMENT 2: Site Photos PLN 2013-1466 / CUP 2013-0268 – Amendment #1 6322-6500 El Camino Real Rear of proposed indoor recreation use Proposed private party area / lounge View of recent demo of buildings Proposed indoor recreation use – roller skating/indoor soccer Proposed caretaker’s unit Area of Proposed Concessions / Picnic Area Proposed Indoor Recreation Use – Base for Ice Skating ATTACHMENT 3: Proposed Site Plan PLN 2013-1466 / CUP 2013-0268 – Amendment #1 6322-6500 El Camino Real ATTACHMENT 4: Draft PC Resolution 2014-0010 PLN 2013-1466 / CUP 2013-0268 – Amendment 6322-6500 El Camino Real DRAFT RESOLUTION PC 2014-0010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING AMENDENT #1 TO PLN 2013-1466 / CUP 2013-0268, TO ALLOW TEMPORAY INDOOR RECREATIONAL USES PRIOR TO COMMENCENT OF CONSTRUCTION AS A PART OF THE MASTER PLAN OF DEVELOPMENT (Blades on Ice / Hoff) WHEREAS, an application was received from Blades on Ice, 6020 Conjeo Road, Atascadero, CA, 93422, (Applicant), and Ben Hoff LLC, PO Box 928, Atascadero, CA, 93423 (Property Owner) for a Conditional Use Permit Amendment to allow temporary indoor recreational uses and special events prior to the construction of the approved Master Plan of Development; and, WHEREAS, the proposed project has a General Plan Designation of Downtown (D) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Downtown Commercial (DC) Zone, which allows for the proposed use; and, WHEREAS, an amendment to the Master Plan of Development (Conditional Use Permit) is required for consistency with the previously approved project to allow for the temporary indoor recreation use; and, WHEREAS, the indoor recreational uses are temporary and will have a sunset date set forth by this resolution to conclude as of March 30, 2015; and, WHEREAS, the proposed amendment is consistent with the previously approved Categorical Exemption consistent with CEQA section 15332 Urban Infill; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed amendments to the approved Conditional Use Permit application on May 6, 2014, at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW THEREFORE, the Atascadero Planning Commission takes the following actions: SECTION 1. Findings for approval of Conditional Use Permit Amendment. 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. Due to the size and configuration of the lot, the establishment, and subsequent use of the additional accessory structures 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 additional accessory structures will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed accessory structures 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 Atascadero Planning Commission, in a regular session assembled on May 6, 2014, resolved to approve Amendment #1 to Conditional Use Permit 2013- 0268, to allow for temporary indoor recreational uses, subject to the following: EXHIBIT A: CEQA Notice of Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Proposed Site Plan EXHIBIT D: Proposed Elevations EXHIBIT E: Proposed Landscaping Plan EXHIBIT F: Proposed Freeway Oriented Signage EXHIBIT G: Proposed Site Plan for Temporary Indoor Recreation Uses EXHIBIT H: Fire Access Condition for Temporary Indoor Recreation Uses AYES: () NOES: () ABSENT: () ABSTAINED: None ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Dennis Schmidt Planning Commission Chairperson ATTEST: ___________________________________ Warren Frace Planning Commission Secretary EXHIBIT A: Categorical Exemption PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) EXHIBIT A: Categorical Exemption PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) EXHIBIT A: Categorical Exemption PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) EXHIBIT B: Conditions of Approval PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Exhibit B Conditions of Approval / Mitigation Monitoring Program PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Timing GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Planning Conditions 1. The approval of this application shall become final, subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. On-going PS 2. This Conditional Use Permit shall be for a 26,500± square foot commercial mixed-use retail development consisting of retail space (10,000 sf); a sit down restaurant (5,000 sf) with an upstairs bar/lounge (4,500 sf); and office space on the 2nd floor of buildings (7,500 sf) on a 1.5± acre site with a freestanding freeway pole sign. BP PS 3. The existing cellular communication facility shall remain in place subject to the conditions of CUP 2002-0062. On-going PS 4. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, and/or (2) result in a superior site design or appearance. BP PS 5. Approval of this Conditional Use Permit shall be valid for twenty- four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit or a time extension has been granted. BP PS 6. The applicant and/or subsequent owners shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the proposed development. On going PS 7. The project shall provide a minimum of 70 off street parking spaces within the project site, for project customers and employees. BP PS 8. Prior to the issuance of on-site construction permits, the applicant shall record reciprocal public access easement on driveways indicated on Exhibit C. Exhibit B Conditions of Approval / Mitigation Monitoring Program PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Timing GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 9. Prior to the issuance of on-site construction permits, the applicant shall record a pedestrian access easement along the southern side of the plaza feature in front of Building “A” along El Camino Real consistent with Exhibit C. The historic “El Camino Real” bell monument shall be relocated and incorporated into the plaza. BP PS 10. An exception to the height limitations of the Downtown Commercial zoning district shall be allowed for all structures within the development. Building heights shall not exceed 37- feet in height consistent with Exhibit D. BP PS 11. Architectural elevations, colors, materials, and signs shall be shall be consistent with the character of the elevations shown on Exhibit E. BP PS 12. Final colors and exterior finishes shall be submitted to Staff for review. BP PS 13. The rear elevation of the building that is visible from US 101 shall include substantive architectural treatments and materials. BP PS 14. All trash enclosures shall be constructed of masonry with solid metal gates. The walls and gates shall be architecturally coordinated with the project architecture. BP PS 15. All roof top mechanical equipment shall be screen from view in all directions. BP PS 16. Final approval of site landscaping, irrigation, plant material, streetscape, hardscape and site furniture shall be approved by the Planning Staff and consistent with Exhibit E. BP PS 17. Complete grading, drainage, utility, storm water management plans with low impact development bio-swale features and handicapped accessibility plans shall be submitted at time of building permit. BP PS 18. Prior to building permit issuance, a tree mitigation fee of $200 shall be paid for the removal of one 6-inch white oak tree. BP PS 19. A freeway oriented pole sign shall be permitted on-site with the maximum height determined by a balloon visibility test, the Design Review Committee shall approve the height of the sign. Pole sign shall have a decorative cap, and shall include the City’s Logo and “Downtown Atascadero” on the face of the sign. The City’s Logo and “Downtown Atascadero” shall not count against the maximum signage area. The Design Review Committee shall approve the maximum total signage area. BP PS 20. The color of the freeway sign pole shall be a dark earthtone consistent with the City’s Wayfinding Program and Exhibit F. BP PS Exhibit B Conditions of Approval / Mitigation Monitoring Program PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Timing GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure GENERAL PUBLIC WORKS REQUIREMENTS 21. Applicant agrees to develop the site frontage and public improvements in accordance with City Standard Engineering Plans and Specifications. 22. Applicant shall file a Parcel Map to merge subject lots in accordance with the Conditional Use Permit Site Plan. 23. Concurrent with Parcel Map approval, the applicant shall record a reciprocal access easement and maintenance agreement for all shared driveways and drive isles between Atascadero Mall and the Jack-in-the-Box property, as directed by the City Engineer. 24. Prior to Parcel Map approval, the applicant shall remove existing structures. 25. Prior to Parcel Map approval applicant shall quitclaim or relocate easements running through proposed structures, as directed by the City Engineer. 26. At map check submittal, the applicant shall provide a preliminary subdivision guarantee. A final subdivision guarantee is required prior to Final Parcel Map approval. Prior to final parcel map approval, the applicant is tentatively required to grant easements on the final map (or if located outside the map boundary, the applicant shall grant easements by means of separate document). The easements shall be reviewed and approved by the City Engineer. 27. Prior to recording the lot merger parcel map, the applicant shall submit a copy of a valid tax bond. This may be waived by the City Engineer if a tax bond is not required by the County of San Luis Obispo for recording purposes. 28. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the lot merger map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 29. The applicant shall relocate all public and private utilities that conflict with the proposed project. The applicant shall provide easements for the relocated utilities if required by the owners. 30. Prior to final parcel map approval applicant shall submit Will Exhibit B Conditions of Approval / Mitigation Monitoring Program PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Timing GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Serve Letters from all utility companies serving the project site. Road Abandonment Requirements 31. Prior to issuance of building permits, the applicant shall obtain a road abandonment for the portion of Atascadero Avenue overlying 030-193-003. The applicant shall grant back to the City a public access easement covering the portion of the lot that will be used for public ingress and egress. 32. Prior to issuance of building permits, the applicant shall extinguish 1) an easement (88-OR-114) for road purposes recorded May 22, 1930, shown on Parcel Map CO-68-61, and 2) a landscape easement granted to the City of Atascadero. The applicant shall grant back to the City a public access easement covering the portion of the road easement that will be used for public ingress and egress. 33. Prior to issuance of building permits, the applicant shall file for and obtain a lot merger for all parcels affected by the project. Bonds, Fees and Miscellaneous Requirements 34. Prior to issuance of encroachment permits for public improvements (street, sewer, storm drain, water), the applicant, by improvement agreement with the City Engineer, shall guarantee installation of the improvements through faithful performance bonds, letters of credit or any other acceptable means. Building final shall be withheld if the improvements are not completed. Grading and Drainage 35. Prior to storm drain plan approval, the applicant shall grant all easements needed for future maintenance of public storm drain facilities by the City. 36. Prior to grading permit, the applicant shall obtain approval of a drainage study for the proposed private onsite and public offsite storm drain system from the City Engineer. The study shall demonstrate that runoff generated onsite will not negatively affect downstream waterways or properties. Onsite retention and detention basins, including bioswales shall be employed to the satisfaction of the City Engineer. Offsite storm drain facilities needed for compliance with City Engineering Standards identified in the drainage study shall be installed. Exhibit B Conditions of Approval / Mitigation Monitoring Program PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Timing GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 37. Prior to issuance of grading permits affecting Caltrans right-of- way, the applicant shall submit written approval from Caltrans for the proposed construction within Caltrans right-of- way. 38. Maintenance responsibilities for all drainage devices, and erosion and sedimentation control devices/systems not transferable to the City shall be the responsibility of the property owner. 39. Prior to grading permit, the applicant shall obtain a notarized Letter of Permission for grading over all easements. 40. Applicant shall submit erosion control plans and a Storm Water Pollution Prevention Plan (if the area of disturbance is greater than an acre. 41. The applicant or subsequent property owners shall also be responsible for providing regularly scheduled maintenance of the storm drain infrastructure, as directed by the City Engineer. 42. Prior to Parcel Map approval, the applicant shall place a note on the map, prohibiting the lot owners within this development from interfering with the established drainage master plan and from erecting walls, curbs or similar solid constructions, exce pt as approved by the City Engineer. Street Improvement Requirements 43. Applicant shall install Downtown Streetscape Standard curbs, gutters and sidewalks including decorative lights and street trees along the project frontage on El Camino Real and Atascadero Mall in accordance with City Standards. The irrigation system shall be tied into existing City facilities, including controllers and distribution laterals. 44. The proposed signalization of the intersection of the main access driveway into the La Plaza site and El Camino Real, including loop detectors, shall be constructed in accordance with City Engineering Standards, and approved by the City Engineer. 45. The intersection of the driveways with El Camino Real shall be modified as necessary to meet site distance, horizontal and vertical alignment standards of the City Engineering Standards. 46. All pedestrian facilities shall comply with the applicable requirements of the Americans with Disabilities Act. 47. Prior to any construction (including, but not limited to, drive approaches, sidewalks, curbs and gutters, etc.), trenching or Exhibit B Conditions of Approval / Mitigation Monitoring Program PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Timing GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure grading within public or private street right-of-way, the applicant shall submit a street improvement plan consistent with the adopted Downtown Streetscape Standards and the conditions of approval and obtain encroachment permits from the City Engineer. 48. Applicant shall submit a composite utility plan, signed by PG&E, AT&T, Charter Cable TV and Southern California Gas Company indicating location of all underground utilities within the public right-of-way to serve the project. Plan shall be reviewed and approved by the City Engineer prior to approval of public improvement plans. 49. Prior to building final, all new and existing power lines and overhead cables less than 34 KV within or fronting the project site shall be installed underground. 50. Prior to Parcel Map approval, the applicant shall dedicate sidewalk easements sufficient to encompass ADA requirements for sidewalks installed with drive approaches in accordance with the current City standard, or equivalent. 51. Prior to building final, the applicant shall construct full street improvements to the satisfaction of the City Engineer. 52. Prior to Parcel Map approval, the applicant shall pay fees for signing and striping of streets as determined by the City Engineer or shall prepare signing and striping plans for El Camino Real, as directed by the City Engineer. 53. Prior to building final, the applicant shall install mailboxes and posts in accordance with the City’s standards, and secure approval of the U.S. Postal Service prior to installation. 54. Prior to building final, the applicant shall construct wheelchair ramps at intersections, as directed by the City Engineer. Sewer Improvement Requirements 55. Applicant shall pay sewer extension (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit. 56. The existing sewer main in Atascadero Mall shall be relocated as necessary to avoid proposed improvements. Relocated main shall be located within a 20-foot wide sewer easement to be dedicated by applicant as directed by City Engineer. Exhibit B Conditions of Approval / Mitigation Monitoring Program PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Timing GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 57. Prior to issuance of building permits for each component of the Conditional Use Permit, the project applicant shall submit plans to the City for approval that demonstrates compliance with the City Sanitary Sewer Management Plan, including City standards for the Fats, Oils and Grease (FOG) Program; and the installation of adequately sized grease interceptors for all food service establishments (FSEs). 58. The sewer plans shall be reviewed and approved by the City Engineer. 59. Existing sewer manhole frame and covers relocated or adjusted due to street or other construction shall be replaced with current City Standard Manhole Cover per City Engineering Standards. 60. Prior to issuance of building permits, the applicant shall construct separate laterals to serve each building. 61. The main-line sewers located in the public/private streets shall be a publicly maintained. All other sewer lines shall be privately maintained. Traffic 62. The project applicant shall implement the following traffic mitigation measures. a. Prior to issuance of the final certificate of occupancy for the project, the intersection of El Camino Real/West Mall Avenue/ Main Driveway shall be improved with modified signals and equipment as needed by the project applicant. b. The project applicant shall revise the improvement plans to provide for a northbound left-turn lane on El Camino Real at the new main driveway serving the site. The City Engineer shall review and approve the lane geometry. c. Prior to issuance of the final certificate of occupancy for the project, the applicant shall install bicycle facilities (racks) in convenient locations. Bicycle storage shall be provided at a ratio of no less than 1 bicycle space for each 20 vehicular spaces. d. Prior to acceptance of improvements to El Camino Real the project frontage improvements on El Camino Real shall include Class II bicycle lanes as a component of the signal installation at El Camino Real. Exhibit B Conditions of Approval / Mitigation Monitoring Program PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Timing GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure City Council Conditions 63. All project driveways shall be marked as no parking areas with red curbing. FO PW 64. The applicant will make a good faith effort to assist in the relocation of the Malibu Brew business during construction. BP CD TEMPORARY INDOOR RECREATIONAL USES CONDITIONS 63. Indoor Recreational uses are allowed within the master plan of development in the area consistent with Exhibit G. BP PS 64. Indoor Recreational uses must be contained in a temporary tent structure or other similar structure totaling no more than 10,800 square feet. BP / FI PS 65. Applicant must apply for building permits to allow for the temporary tent structure, wood flooring, and all on-site work including any structure greater than 120 square feet. BP BS 66. Applicant must meet all accessibility requirements and exiting requirement for health, safety, and welfare of users of the indoor recreational uses consistent with the California Building Code. BP / FO PS / BS / FD 67. Applicant may not commence construction prior to issuance of a building permit. BP PS 68. Applicant may not occupy the structure nor be open for public use prior to issuance of final occupancy with inspections by the Planning Department, Fire Marshall, and Chief Building Inspector. FO PS / BS / FD 69. Indoor Recreational uses may include the following:  Ice Skating  Roller Skating  Indoor Soccer  Other indoor recreational type uses that can be contained within the temporary tent structure FO PS 70. Additional ancillary uses to the indoor recreational uses may be allowed as shown in Exhibit G. Additional ancillary uses will require an amendment to the master plan of development. BP PS 71. A temporary caretaker’s residence is permitted in the area shown in Exhibit G. Caretaker’s residence must pump effluent from the trailer that does not cause a health and welfare BP PS Exhibit B Conditions of Approval / Mitigation Monitoring Program PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Timing GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure nuisance. 72. A minimum fire clearance of 20-feet is required at the rear of the property. Fire clearance must be approved by the Fire Marshall prior to occupancy and include removal of all construction related material, and any additional debris. Fire Clearance must be maintained for the duration of the temporary indoor recreation use. FO FD/BS 73. Special Events such as roller derby, indoor recreational tournaments, etc. are allowed on-site once (1) every thirty (30) days. This is effective as of the date of final occup ancy issuance. FO PS 74. Live Concerts / DJ Music and other amplified noise sources are permitted on-site. Amplified music is permitted to play until 10 p.m. and limited to one (1) occurrence a week. A week is defined as business operations Sunday through Sa turday. Any additional amplified music may be used but shall be consistent with the City’s Noise Ordnance. FO PS 75. Indoor recreational uses are temporary. Indoor recreational uses shall cease operation no later than March 30, 2015. FO PS 76. Applicant will have 30 days prior to or on April 1, 2015 to return the site to its previous condition. FO PS EXHIBIT C: Proposed Site Plan PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Provide pedestrian easement at the end of median property Relocate and incorporate El Camino Real Bell into plaza. Provide public access easements on driveways Existing cellular communication facility to remain Median property to remain City owned. Proposed improvements and building demolition to be permitted with frontage improvement encroachment permit. EXHIBIT D: Proposed Architecture Elevations PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) EXHIBIT D: Proposed Architecture Elevations PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) EXHIBIT D: Proposed Architecture Elevations PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) EXHIBIT D: Proposed Architecture Elevations PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) EXHIBIT E: Proposed Landscape Plans PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Pole Sign Location EXHIBIT F: Proposed Freeway Oriented Signage PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Sign to include “Downtown Atascadero” and City Logo (excluded from total signage area and height restriction) DRC to approve maximum sign size DRC to approve final sign height EXHIBIT G: Site Plan – Temporary Indoor Recreational Use PLN 2013-1466 / CUP 2013-0268 – Amendment 6322 through 6500 El Camino Real (La Plaza) Indoor Recreational Uses shall cease operation on or before March 30, 2015 EXHIBIT G: Fire Clearance PLN 2013-1466 / CUP 2013-0268 – Amendment 6322 through 6500 El Camino Real (La Plaza) Fences and other debris and construction related materials shall be removed and provide a minimum 20-foot Fire clearance prior to Final Occupancy and must be maintained at all times.