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CITY OF ATASCADERO
DESIGN REVIEW COMMITTEE AGENDA
Committee Meeting
Thursday, June 11, 2015
1:00 P.M.
City Hall
Room 106 (1st Floor)
6500 Palma Avenue
Atascadero, California
CALL TO ORDER
Roll Call: Chairperson Bob Kelley
Committee Member Duane Anderson
Committee Member Mark Dariz
Committee Member Roberta Fonzi
Committee Member Jamie Kirk
APPROVAL OF AGENDA
PUBLIC COMMENT
CONSENT CALENDAR
1. APPROVAL OF DRAFT ACTION MINUTES OF APRIL 29, 2015
City of Atascadero Design Review Committee Agenda Regular Meeting, June 11, 2015
Page 2 of 2
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DEVELOPMENT PROJECT REVIEW
2. REQUEST TO AMEND COMMUNITY DEVELOPMENT POLICY 2008-0028: EAST MALL AND
WEST MALL PEDESTRIAN/PUBLIC SPACE ENCROACHMENTS.
3. PLN 2015-1552/DRC 2015-0070, PARADISE SNO-BALLS FOR AN EXISTING KIOSK
BUILDING TO BE LOCATED AT 6455 EL CAMINO REAL (SYLVESTER’S)
COMMITTEE MEMBER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next DRC meeting is tentatively scheduled for June 24, 2015.
Agendas, Minutes and Staff Reports are available online at www.atascadero.org
under City Officials & Commissions, Design Review Committee.
Property Owner: Gary Englund/Brian Englund/Englund Living Trust, 6455 El Camino Real,
Atascadero, CA 93422
Applicant: Angela Rayher, 9050 Via Tortuga, Atascadero, CA 93422
Project Title: PLN 2015-1552 / DRC 2015-0070
Project Location: 6455 El Camino Real, Atascadero, CA 93422
(APN 029-344-033) San Luis Obispo County
Project
Description:
A request for an encroachment permit to locate an existing 120 sq. ft. kiosk
building within the City right-of-way located in the side yard of Sylvester’s
Burgers along West Mall. A 90-foot wide public right-of-way exists on both
West Mall and East Mall, and the area has historically been designated as a
landscaped parkway, planted with Coast Live Oak trees. The existing kiosk is
to be located at the site of a recently removed 64-inch Coast Live Oak tree.
General Plan Designation: Downtown (D)
Zoning District: Downtown Commercial (DC)
Proposed
Environmental
Determination:
CEQA Class 3 Categorical Exemption: Section 15303. New construction of small
structures.
DRC Draft Action Minutes of 4/29/15
Page 1
CITY OF ATASCADERO
DESIGN REVIEW COMMITTEE
DRAFT ACTION MINUTES
Regular Meeting – Wednesday, April 29, 2015
3:00 P.M. City Hall, Room 106
6500 Palma Avenue, Atascadero, California
CALL TO ORDER – 3:00 p.m.
Chairperson Kelley called the meeting to order at 3:00 p.m.
ROLL CALL
Present: Chairperson Bob Kelley
Committee Member Duane Anderson
Committee Member Roberta Fonzi
Committee Member Jamie Kirk
Committee Member Mark Dariz
Absent: None
Staff Present: Interim Community Development Director Bobby Lewis
Assistant Planner Alfredo Castillo
Contract Planner Katie Banister
Recording Secretary, Annette Manier
Others Present: Dan Burleson
John Wiemann
Dennis Swanson
Charlotte Covington
Dana Lilley
APPROVAL OF AGENDA
MOTION: By Committee Member Fonzi and seconded by Committee
Member Anderson to approve the Agenda.
There was Committee consensus to approve the Agenda
ITEM NUMBER: 1
DATE: 6-11-15
1
DRC Draft Action Minutes of 4/29/15
PUBLIC COMMENT
None
CONSENT CALENDAR
1. APPROVAL OF DRAFT ACTION MINUTES OF APRIL 15, 2015
MOTION: By Committee Member Fonzi and seconded by Committee
Member Kirk to approve the Agenda.
There was Committee consensus to approve the minutes
DEVELOPMENT PROJECT REVIEW
2. PLN 2014-1524/CUP 2014-0283/DRC 2015-0069, WIRELESS CELLULAR
COMMUNICATIONS FACILITY AT 9685 MORRO ROAD (Verizon Wireless)
Assistant Planner Castillo gave the staff report and answered questions from the DRC members and
the applicants.
PUBLIC COMMENT
The following people spoke during public comment: Dan Burleson and John Wiemann. Mr. Burleson
stated that on Page 12 of the staff report, the proposed photo simulations show three panels on the
side, however, that section will be stucco. Mr. Burleson and Mr. Wiemann answered questions from
the committee.
Chairperson Kelley closed the Public Comment period.
Property Owner: Cornerstone Community Church, 7920 Santa Rosa Road, Atascadero, CA 93422
Applicant: Tricia Knight, 123 Seacliff Drive, Pismo Beach, CA 93449
Project Title: PLN 2014-1524 / DRC 2015-0069 Wireless Cellular Communications Tower at 9685
Morro Road
Project Location: 9685 Morro Road, Atascadero, CA 93422
(APN 054-151-031) San Luis Obispo County
Project
Description:
Proposed project consists of adding a wireless cellular communications facility to an
existing church site. The applicant is proposing the following:
45-foot tall faux tower housing a total of 12 cellular antennas on a 196 square
foot (sf) pad;
500 sf equipment lease area adjacent to the existing church including back-up
generator and other ancillary equipment enclosed by a 9-foot masonry wall;
12-foot wide utility easement for Verizon Wireless, LLC to access its facility
to Morro Road (Highway 41).
General Plan Designation: Public (P)
Zoning District: Public (P)
Proposed
Environmental
Determination:
Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is
proposed. The Mitigated Negative Declaration is available for public review from 4/28/15
through 5/17/15 at 6500 Palma Avenue, Community Development Department from 8:30
a.m. to 5:00 p.m. Monday through Thursday, and also available on our website at
www.atascadero.org/environmental docs.
2
DRC Draft Action Minutes of 4/29/15
MOTION: By Committee Member Fonzi and seconded by Committee
Member Dariz to approve the project with the modification that
the wall be stucco as mentioned above on page 12.
There was committee consensus to approve the project with the
change to the wall stucco and move the item on to the Planning
Commission.
3. PLN 2015-1541, BANNER SIGNS FOR 5920 EL CAMINO REAL (STUDIO 101 WEST)
Assistant Planner Castillo gave the staff report and explained that this item will have an AUP hearing
today at 4 p.m. Mr. Castillo and Interim Director Lewis answered questions from the committee.
PUBLIC COMMENT
The following people spoke during public comment: Dennis Swanson.
Chairperson Kelley closed the Public Comment period.
MOTION: By Committee Member Fonzi and seconded by Committee
Member Kirk to approve the project with an added Condition #8,
which would read as follows: Administrative Use Permit (AUP) is
specifically granted for an on-premise business located at 5950 El
Camino Real. A new AUP is required for any new business that
occupies space located at 5950 El Camino Real (APN 030-181-
015).
There was committee consensus to approve
the project as worded in the motion.
Property Owner: H. Stanton McDonald, PO Box 932, Atascadero, CA 93423
Applicant: Dennis & Deborah Swanson, 5920 El Camino Real, Atascadero, CA 93422
Project Title: PLN 2015-1541 / DRC 2015-0066, Banner signs for 5920 El Camino Real
Project Location: 5920 El Camino Real, Atascadero, CA 93422,
APN 030-181-015 (San Luis Obispo County)
Project
Description:
Proposal to allow three (3) 40 square foot (sf) banner signs to be placed on the southeast
elevation of 5950 El Camino real (APN 030-181-015). Banner signs consist of vinyl
material to be changed throughout the year. Banners are proposed to be fastened to the
building. Total signage area will be 120 sf.
General Plan Designation: Downtown (D)
Zoning District: Downtown Commercial (DC)
Proposed
Environmental
Determination:
. Categorical Exemption Section 15311; Class 11 exemption for construction of new off-site
signs.
3
DRC Draft Action Minutes of 4/29/15
4. PLN 2015-1542/AUP 2015-0070/DRC 2015-0067, IDENTIFICATION SIGN FOR 5465
REGIO
Contract Planner Banister gave the staff report and explained that this item will have an AUP hearing
today at 4 p.m. Ms. Banister answered questions from the committee.
PUBLIC COMMENT
The following people spoke during public comment: Dana Lilley.
Chairperson Kelley closed the Public Comment period.
MOTION: By Committee Member Dariz and seconded by
Committee Member Anderson to approve
monument signage at 5465 Regio Place for Oak
Grove Homeowners Association.
There was committee consensus to approve the project.
5. PLN 2015-1547/AUP 2015-0071/DRC 2015-0068, SIGNAGE FOR 9700 EL
CAMINO REAL (MCGEES)
Property Owner: Oak Grove HOA / Aurora Property, PO Box 1227, San Luis Obispo, CA 93406
Applicant: Dana Lilley, Oak Grove HOA, 1311 Copado Way, Atascadero, CA 93422
Project Title: PLN 2015-1542 / DRC 2015-0067
Project Location: 5465 Regio, Atascadero, CA 93422, APN 049-104-001
(San Luis Obispo County)
Project
Description:
Proposal to allow a 13.85 square foot free-standing neighborhood identification sign at the
entrance to the Oak Grove neighborhood. The freestanding sign is made of wood and will
be attached to a concrete foundation.
General Plan Designation: SFR-X
Zoning District: RSF-X, PD17
Proposed
Environmental
Determination:
. Categorical Exemption Section 15303; Class 3 exemption for construction or conversion of
new small structures.
Property Owner: Ted Jacobson, 9700 El Camino Real, Atascadero, CA 93422
Applicant: Charlotte Covington, 9700 El Camino Real, Atascadero, CA 93422
Project Title: PLN 2015-1547 / Administrative Use Permit 2015-0071
Project Location: 9700 El Camino Real, Atascadero, CA 93422
APN 056-081-036 (San Luis Obispo County)
Project
Description:
Proposal to allow an 8.33 square foot wall sign at McGees Catering and Café at 9700 El
Camino Real Suite #104. The proposed sign is made of wood and metal, and would be
attached to the building above the entrance to the café.
4
DRC Draft Action Minutes of 4/29/15
Contract Planner Banister gave the staff report and explained that this item will have an AUP hearing
on May 5, 2015 at 1:00 p.m. Ms. Banister answered questions from the committee.
PUBLIC COMMENT
The following people spoke during public comment: Charlotte Covington.
Chairperson Kelley closed the Public Comment period.
MOTION: By Committee Member Kirk and seconded by Committee
Member Dariz to approve a tenant wall sign at 9700 El
Camino Real, Suite #104 on APN 056-081-036.
There was committee consensus to approve the project.
COMMITTEE MEMBER COMMENTS AND REPORTS
None
DIRECTOR’S REPORT
ADJOURNMENT – 3:30 p.m.
The next tentative DRC meeting will be held on May 13, 2015 at 3:00 p.m.
MINUTES PREPARED BY:
_______________________________________
Annette Manier, Recording Secretary
Zoning &
General Plan:
General Plan Designation: General Commercial (GC)
Zoning District: Commercial Tourist (CT)
Proposed
Environmental
Determination:
. Categorical Exemption Section 15311; Class 11 exemption for construction or placement of
on-premise signs.
5
6
ITEM NUMBER:
2
DATE: 6-11-15
Atascadero Design Review Committee
Report In Brief - Community Development Department
Callie Taylor, Senior Planner, 470-3448, ctaylor@atascadero.org
Katie Banister, Contract Planner, 470-3480, kbanister@atascadero.org
PLN 2015-1552 / DRC 2015-0070
West Mall & East Mall Setbacks & Encroachments
Address: East Mall & West Mall, between El
Camino Real and Palma Ave.
General Plan: Right-of-way / Downtown
Zoning: Right-of-way / Downtown
Commercial
Existing: 20’ wide Historic City Parkway
Proposed: Potential policy changes to allow
commercial structures within the
right-of-way and 20’ setback along
East Mall and West Mall
Options: Staff has provided three (3) options for DRC consideration:
1. Recommend amending CDD policies to allow temporary structures
in the public right-of-way for up to 180 days; and/or,
2. Recommend abandonment of the right-of-way on West and East
Mall, and recommend amending City polices and codes, in order to
allow permanent structures along the frontages of West and East
Mall; or,
3. Recommend upholding existing City policies, and not permit
encroachment for roofed temporary or permanent structures that
would be inconsistent with such policies.
Discussion Items
Current request submitted to allow permanent private commercial structure within City
right-of-way, conflicting with existing City policies. DRC recommendation regarding
policies is being requested
Permanent private use of public right-of-way may be considered inconsistent with City’s
Encroachment Ordinance and Streets and Highways Code
DRC may consider recommending abandonment of R.O.W. to allow permanent
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ITEM NUMBER:
2
DATE:
6-11-15
structure
Community Development Department Policy 2008-0028 clarifies allowed encroachment
of outdoor use areas on East Mall and West Mall.
CDD Policy 2015-0043 further defines setbacks and structures allowed in this area.
Temporary vs. permanent structures
Other considerations:
Downtown Revitalization Plan adopted in 2000, updated in 2005: encourages open
plazas and public use areas within right-of-way
AMC section 3.263, requires 20’ front setback for structures on West Mall & East Mall
Historically landscaped parkway on East and West Mall lined with coast live oak trees
Background
Atascadero’s General Plan calls for the revitalization of the Downtown area as the heart
of community activity and economic development. A 90-foot wide public right-of-way
exists on both West Mall and East Mall, and the area has historically been designat ed
as a landscaped parkway, planted with coast live oak trees. Current Community
Development Department policies allow for encroachment permits on East Mall and
West Mall only for pedestrian oriented outdoor spaces such as plazas and restaurant
eating areas. In addition, Title 7 of the Municipal Code and the California State Streets
and Highways Code outline standards and findings for encroachment within the public
right-of-way.
The City has recently received a proposal for an enclosed commercial structure within
the City right-of-way. Existing City policies and standards do not allow for the proposed
structure. In order for staff to consider proposals inconsistent with adopted policies, the
policies need to be amended. The issues and options are being presented to DRC
for consideration and recommendation regarding how to proceed with potential
policy changes or right-of-way abandonment.
Analysis
Private Use of Public Right-of-way
Right-of-way is designated for public use and benefit, including infrastructure,
transportation and public utilities. Typically, encroachments into the right-of-way are
allowed for utilities, which pay franchise fees for this use, based on state statutes. This
8
ITEM NUMBER:
2
DATE:
6-11-15
type of encroachment provides necessary services and does not limit other use of the
right-of-way by the general public.
Atascadero Municipal Code Section 7-12.401 requires applicants of encroachment
permits to show proof of right to utilize the public right-of-way. Encroachment can be
granted, subject to the right of the City or any other person maintaining the ability to
continue to utilize the public space. In addition, standards of the Streets and Highway
Code must be met for encroachment into the public right -of-way. The Streets and
Highways Code does not provide standards for construction of a private structure within
the right-of-way.
The Director of Public Works is responsible for oversight of the public right-of-way,
including issuance of all encroachment permits. The Director has concerns that AMC
section 7-12.401 and the standards of the Streets and Highways Code cannot be met to
locate a permanent building for a private business within the public right-of-way.
At this time, staff is presenting this proposal to DRC so that DRC can advise and
make a recommendation to the Public Works Director regarding possible
encroachments. A temporary encroachment (180-day maximum time limit) for a
temporary structure may be an alternative. If it is recommended to allow
permanent commercial businesses within the East and West Mall right-of-way,
the alternative would be abandonment the 20-foot right-of way and zoning code
modifications to the setback standards to allow the adjacent property owners to
determine use of this area through the building permit and design review
process.
Existing Community Development Director Policies
In order to encourage pedestrian oriented use of the landscaped parkway on West Mall
and East Mall, Community Development Department Policy 2008 -0028 was enacted in
2008. The policy was developed to clarify appropriate pedestrian oriented uses
associated with adjacent commercial properties that are consistent with the vision for
the downtown. The CDD Policy includes the following standards for encroachments on
West Mall and East Mall:
Encroachments for outdoor use areas only, including restaurant eating areas
No permanent roofs or coverings of the outdoor use permitted
Public access cannot be entirely closed during business hours
Historic pattern of heritage tree plantings shall be maintained
Outdoor areas to be architecturally compatible with buildings; furniture compatible
with Downtown design theme
Encroachment permits include requirements for indemnification and liability
insurance.
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ITEM NUMBER:
2
DATE:
6-11-15
Community Development Department Policy 2015 -0043 was adopted by the Director in
2015 to provide clarification related to the 20-foot setback requirement along West and
East Mall. The policy states the 20-foot setback required by AMC 9-3.263 shall apply
from the edge of sidewalk, and an additional 20-foot setback is not required from the
edge of the right-of-way, which is how setbacks are measured for all other properties
throughout the City. The policy acknowledges the intent of the required setback was to
preserve the historic parkway, but the extended right-of-way in these blocks already
accomplishes this vision.
These CDD policies are attached for DRC consideration. In order for staff to consider
proposals inconsistent with adopted policies, the policies must be superseded.
Recommendation to amend one or both of these policies may be considered by
the DRC in order to allow temporary structures along West and East Mall.
Temporary vs. Permanent structures
The Building Code allows for two types of structures: temporary or permanent.
Temporary structures may only be erected in any one location for a maximum of 180 -
days. If a structure is to remain in the same location for greater than this time period, it
must be constructed as a permanent structure. Permanent structures have a
heightened level of building code requirements related to public health and safety
standards.
Temporary Structure Standards:
180-days or less
No development impact fees paid
No permanent utilities
Permanent Structure Standards:
Greater than 180-days
Pays development impact fees
Permanent underground utilities to the structure
Surrounding site must meet all code requirements
Have the potential to gain vested rights
10
ITEM NUMBER:
2
DATE:
6-11-15
The public right-of-way on West Mall and East Mall
Downtown Revitalization Plan:
90’
40’
90’
40’
The public right-of-way on East
Mall and West Mall is 90 feet
wide, with 40 foot wide streets
Abandoning the right of way
and reducing the required
setback on West Mall and East
Mall would allow commercial
structures to be located in the
areas shown in red, which are
20 feet deep.
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ITEM NUMBER:
2
DATE:
6-11-15
The Downtown Revitalization Plan was first a dopted in 2000, and updated in 2005.
Stated purposes include developing “community consensus on an overall vision for the
Downtown area”, and “enhance[ing] the Downtown’s character with public
improvements and architectural standards to guide new development.” The plan
promotes high architectural quality and encourages open plazas public use areas within
the right-of-way.
Rendering of conceptual outdoor café at El Camino Real and West Mall , created in
2005 as part of the Downtown Revitalization Plan update
Currently, a portion of Sylvester’s patio seating is located within the right-of-way near
the corner of El Camino Real and West Mall. The seating area was approved through
an encroachment permit in 2008. As part of the Downtown Revitalization Plan and
Design Guidelines adopted in 2000, patio seating and other such pedestrian friendly
encroachments may be permissible where consistent with the vision for the downtown.
The Sylvester’s patio is consistent with Community Development Department Policy
2008-0028. City approval and an encroachment permit are required for temporary use
of right-of-way. The agreement allows for removal of any encroachments should the
City deem it necessary.
Zoning Ordinance setbacks:
Atascadero Municipal Code Title 9, section 9-3.263, was created and adopted in 2005
to provide general development standards for the Downtown d istrict. Generally, no
12
ITEM NUMBER:
2
DATE:
6-11-15
front, side or rear setback is required, except the special setback requirements for East
and West Mall between El Camino Real and Palma Ave. A twenty (20) foot minimum
front setback is required on these blocks. This requirement pr ecludes any structure
being located less than twenty feet from the edge of ea ch property. Based on CDD
policies 2008-0028 and 2015-0043, this setback is applied to all properties along West
and East Mall.
While the intention of this code setback was to maintain the existing landscaped
frontage on all of East and West Mall between El Camino Real and Palma, the code can
be interpreted differently for corner lots. For corner lots located on El Camino Real and
Palma Avenue, the code may be interpreted to identify El Camino Real or Palma
Avenue as the front property line, and therefore East and West Mall as the side property
line. With this interpretation, no setback would be required on East or West Mall side
for the corner lots on El Camino Real and Palma. As previously stated, setbacks for
private buildings are measured from the edge of right-of-way.
AMC 9-3.263 Downtown district general development standards.
Historically landscaped parkway:
The tree-lined streets around the Sunken Gardens are a unique, character-defining
feature of downtown Atascadero. East Mall and West Mall were established by E.G.
Lewis with 90-foot wide right-of-ways, which enable streetscape features and public
space beyond the edge of the pavement. In order to achieve the vision of these
13
ITEM NUMBER:
2
DATE:
6-11-15
landscaped parkways, the public right-of way extends into the frontage of all the
properties across from the Sunken Gardens. From the back of the sidewalk on East
and West Mall, the City right-of-way is approximately 20-feet deep. The identified
purpose of this area is to preserve the parkway and allow for pedestrian features and
public gathering spaces.
The DRC is asked to recommend how the right-of-way should be administered in the
Downtown, specifically on East Mall and West Mall.
Permanent structures are not permitted in the right-of-way.
Should City policy be altered to allow temporary encroachment permits for
commercial structures in the right-of-way?
Should the City abandon its right-of-way to allow its use for permanent
commercial structures?
Should City policies regarding setbacks for West Mall and East Mall be altered?
Attachments:
Attachment 1: Community Development Department Policy 2008-0028
Attachment 2: Community Development Department Policy 2015-0043
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Attachment 1: Community Development Department Policy 2008-0028
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Attachment 2: Community Development Department Policy 2015-0043
17
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ITEM NUMBER:
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DATE: 6-11-15
Atascadero Design Review Committee
Report In Brief - Community Development Department
Callie Taylor, Senior Planner 470-3448, ctaylor@atascadero.org
Katie Banister, Contract Planner, 470-3480, kbanister@atascadero.org
PLN 2015-1552 / DRC 2015-0070
Paradise Sno-balls
6455 El Camino Real
Applicant: Angela Rayher
Property
Owner:
Gary Englund (adjacent
owner) & City right-of-way
Address: 6455 El Camino Real, West
Mall frontage
APN: 029-344-033
General Plan: Right-of-way / Downtown
Zoning: Right-of-way / Downtown
Commercial
Project Area: 0.1 ± acres
Existing Use: Historic City Parkway
(Sylvester’s – adjacent
commercial use)
Proposed
Use:
120 sq. ft. commercial kiosk
building for Paradise Sno-
balls, proposed on West Mall
within City right-of-way
Options: Staff has provided four (4) options for DRC consideration:
1. Recommend a temporary encroachment permit with a maximum of
180 days, consistent with a revised City Policy for temporary
structures in the right-of-way on West Mall, subject to appearance
review by the DRC; or,
2. Recommend a right-of-way abandonment and revision of zoning
ordinance standards for structures in the right-of-way on West Mall
to allow for the proposed permanent commercial development,
subject to appearance review by the DRC; or,
3. Discuss possible alternatives for the business location and/or
commercial structure design; or
4. Continue this item to allow City Staff to further analyze cited issues
and alternative options.
Project
location
19
ITEM NUMBER:
3
DATE:
6-11-15
Design Review Discussion Items
1. Consistency with Policies & Codes regarding encroachments on West Mall (discussed in
greater detail in previous staff report)
2. Temporary vs. Permanent structure (Building Code requirements)
3. Location of structure on the site
4. Appearance review of structure
Background:
Paradise Sno-balls is currently located on the “Hoff Property” at 6500 El Camino Real.
It was approved as an accessory component to the temporary use, Blades on Ice, which
was approved by an amendment to Conditional Use Permit (CUP) 2013-0268. The
CUP allowed Blades on Ice and Paradise Sno-balls to operate temporarily at this
location until March 30, 2015. The business activity is no longer permitted and was
never permitted as a permanent establishment at this location. The process of
removing the temporary business facilities and reclaiming the Hoff property to its
previous condition is ongoing.
The City was approached by the applicant, Angela Rayher, earlier this year with a
request to continue her business within the City. City staff has been working with the
applicant for several months to find a suitable location that would support her business
effort; however, none of the available spaces or alternative locations presented a viable
option for the business owner.
The applicant is currently proposing to relocate the existing building (kiosk), which
consists of a 120 square foot plywood-sided structure, into the City’s public right-of-way
on West Mall near El Camino Real, in the Sylvester’s Burgers restaurant frontage. The
proposed site was the location of a heritage oak tree, which was recently removed after
approval by the Planning Commission and City Council based on the failing health of
the tree. Previously, a proposal by the owners of Sylvester’s was heard by the DRC to
consider a play structure at this same location. The DRC recommended denial of that
concept, and instead the applicant was directed to install pavers in the area as a
temporary ground cover until a comprehensive parkway replanting plan was considered
by the Planning Commission and City Council.
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ITEM NUMBER:
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DATE:
6-11-15
Sylvester’s Burgers at El Camino Real and West Mall
Analysis:
1. Consistency with City policies regarding encroachments
Discussed in detail in previous agenda item, for DRC consideration:
Permanent private use of public right-of-way is inconsistent with the City’s
Encroachment Ordinance and the California Streets and Highways Code.
Temporary encroachment may be considered, or DRC may consider recommending
abandonment of R.O.W. to allow a permanent structure
Community Development Department Policy 2008-0028, details standards for
outdoor use areas within the City right-of-way on East Mall and West Mall. No
permanent roofs or coverings permitted
Community Development Department Policy 2015-0042, further clarifies
setbacks and structures allowed on East Mall and West Mall
Downtown Revitalization Plan adopted in 2000, updated in 2005. Concept drawing
for subject site created with 2005 Revitalization Plan update
AMC section 3.263, requires 20’ front setback for structures on West Mall & East
Mall
Historically landscaped parkway on East and West Mall lined with coast live oaks
Paradise Sno-balls proposed
within City right-of-way, in place
of recently removed 64” coast
live oak tree
21
ITEM NUMBER:
3
DATE:
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2. Temporary vs. Permanent structure (Building Code requirements)
The DRC may want to consider recommending a temporary encroachment permit (180-
day maximum time limit) for a structure as an alternative. If it is intended to allow
permanent commercial businesses within the East and West Mall right-of-way, another
alternative may be to completely abandon the 20-foot right-of way and modify the
setback standards to allow the adjacent property owners to determine use of this area
without an encroachment permit.
Temporary Structure Standards:
180-days or less
No development impact fees paid
No permanent utilities
Permanent Structure Standards:
Greater than 180-days
Pays development impact fees
Permanent underground utilities to the structure
Surrounding site must meet all code requirements
Have the potential to gain vested rights
The proposed structure will be reviewed at time of permit application, which will include
the following:
- Accessibility, clearance under awnings, setbacks between structure and patio,
and anchoring of structure.
- Undergrounding of utilities (power, water, waste) (for a permanent structure only)
- Occupancy (additional tables would trigger additional restroom on -site)
- Insurance requirements, indemnification, and limited use agreement setting
standards for removalof structure and time limits
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ITEM NUMBER:
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DATE:
6-11-15
3. Location of structure on the site
The applicant has submitted a site plan for the proposed project. The 120 square foot
Paradise Sno-balls (kiosk) structure is proposed to be relocated within the City’s right-
of-way, approximately one (1) foot from the concrete sidewalk on West Mall. Pavers
are proposed behind the building, adjacent to the existing walkway and patio seating
area of Sylvester’s Burgers.
Some modifications to the site plan may be required to meet accessibility standards,
setbacks to the patio structure, and clearance for any awnings attached to the structure.
These details will be determined during building permit review. DRC review of the
general location of the structure and its aesthetics are requested at this time.
Site plan for Paradise Sno-balls, submitted by applicant
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ITEM NUMBER:
3
DATE:
6-11-15
3. Appearance review of structure:
The existing Paradise Sno-balls kiosk structure was constructed as temporary use
associated with the former Blades on Ice skating rink. The same structure, with
modifications required by the building code and the DRC, is proposed to be relocated in
the West Mall frontage.
Paradise Sno-balls Building
Items for DRC consideration regarding appearance review:
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ITEM NUMBER:
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DATE:
6-11-15
a) Consistency with Downtown Design Guidelines and Appearance Review Manual
b) Size, height of structure
c) Color scheme of building
- Compatibility with Sylvester’s building
- Consistency with Downtown Design guidelines and surrounding streetscape
d) Signage
- Building signs
- Possible monument or banner signs
e) Materials, architectural details, awnings
f) Integration of landscape on property frontage
- No landscape proposed
- Historic tree planting pattern would not be possible to maintain if permanent
commercial structure is permitted
g) Trash & recycling storage
- Currently no trash enclosure on site. Dumpsters stored at back of parking
area facing West Mall frontage.
Attachments
Attachment 1: Site Photos
Attachment 2: Conceptual rendering, 2005 Downtown Revitalization Plan
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ITEM NUMBER:
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DATE:
6-11-15
Attachment 1: Site Photos
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ITEM NUMBER:
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DATE:
6-11-15
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ITEM NUMBER:
3
DATE:
6-11-15
Attachment 2: Conceptual rendering, 2005 Downtown Revitalization Plan
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