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HomeMy WebLinkAboutPC Resolution 2014-0010 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.