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HomeMy WebLinkAboutDRC_2015-06-11_AgendaPacket http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view DRC Website 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 http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view DRC Website 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 7 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. 9 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. 11 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 14 ITEM NUMBER: 2 DATE: 6-11-15 Attachment 1: Community Development Department Policy 2008-0028 15 ITEM NUMBER: 2 DATE: 6-11-15 16 ITEM NUMBER: 2 DATE: 6-11-15 Attachment 2: Community Development Department Policy 2015-0043 17 18 ITEM NUMBER: 3 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. 20 ITEM NUMBER: 3 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: 6-11-15 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 22 ITEM NUMBER: 3 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 23 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: 24 ITEM NUMBER: 3 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 25 ITEM NUMBER: 3 DATE: 6-11-15 Attachment 1: Site Photos 26 ITEM NUMBER: 3 DATE: 6-11-15 27 ITEM NUMBER: 3 DATE: 6-11-15 Attachment 2: Conceptual rendering, 2005 Downtown Revitalization Plan 28