HomeMy WebLinkAboutPC_2016-07-19_AgendaPacketPC Draft Action Minutes of 7/5/16
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CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT ACTION MINUTES
Regular Meeting – Tuesday, July 5, 2016 – 7:00 P.M.
City Hall Council Chambers
6500 Palma Avenue, Atascadero, California
CALL TO ORDER - 7:00 p.m.
Chairperson Wolff called the meeting to order at 7:00 p.m. and Commissioner Bentz led
the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Bentz, Dariz, Bourbeau, Seay, Schmidt, and
Chairperson Wolff
Absent: Vice Chairperson Anderson (excused absence)
Others Present: Recording Secretary, Annette Manier
Staff Present: Community Development Director, Phil Dunsmore
Associate Planner, Alfredo Castillo
APPROVAL OF AGENDA
MOTION: By Commissioner Bentz and seconded by
Commissioner Dariz to approve the Agenda.
Motion passed 6:0 by a roll-call vote.
PUBLIC COMMENT
None
Chairperson Wolff closed the Public Comment period.
PLANNING COMMISSION BUSINESS
None
ITEM NUMBER: 1
DATE: 7-19-16
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CONSENT CALENDAR
1. APPROVAL OF DRAFT ACTION MINUTES OF JUNE 6, 2016
MOTION: By Commissioner Bentz and seconded by
Commissioner Bourbeau to approve the
consent calendar.
Motion passed 5:0 by a roll-call vote. (Seay
abstained)
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 to 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 2016-1594, LAND USE DEFINITION AMENDMENTS STUDY
SESSION
Applicant: City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422
Project Title: PLN 2016-1594/ZCH 2016-0181
Project Location: Citywide
Project
Description:
The project consists of repealing Articles 2 through 22 of Chapter 3, Title 9 of the Atascadero
Municipal Code and replacing these sections with a streamlined Articles 2 through 5.
Proposed
Environmental
Determination:
Section 15061.(3) exempts activities which are covered by the general rule that CEQA applies only
to projects which have the potential for causing a significant effect on the environment.
City Staff: Phil Dunsmore, Community Development Director, Phone: 470-3488, Email: pdunsmore@atascadero.org
Staff
Recommendation:
The Planning Commission provide direction and continue the item to date uncertain.
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EX PARTE COMMUNICATIONS:
Commissioner Bourbeau stated that he called Director Dunsmore with questions on the
item.
Community Development Director Dunsmore gave a brief introduction on the item and
stated that tonight the Commission will hear the item and give feedback. The item will
go to City Council on July 12, 2016, and then will come back to the Commission in
August 2016.
It was noted that on Page 19, there should be a new heading called “Retail Sales.” It
was also stated that the Zoning Handbook will be reduced and streamlined and it will be
available online so that you can search each title and do a word search to find
information. It was suggested that instead of blanks in the table, the word “n/a” is used.
Phil would like the handbook to work for everyone so it is user friendly.
PUBLIC COMMENT
None
Chairperson Wolff closed the Public Comment period.
MOTION: By Commissioner Bentz and seconded by
Commissioner Bourbeau that the Planning
Commission recommend to the City
Council that they direct staff to review
vacation rentals and other hotel lodging
facilities in residential zones for a future
code amendment.
Motion passed 6:0 by a roll-call vote.
MOTION: By Commissioner Bentz and seconded by
Commissioner Schmidt that the Planning
Commission recommend to the City
Council that they direct staff to review the
development standards for second units.
Motion passed 6:0 by a roll-call vote.
COMMISSIONER COMMENTS AND REPORTS
Commissioner Schmidt noticed the highway sign near Jack in the Box and asked if
there is anything in the Sign Ordinance that requires us to be proactive when a sign is
no longer in use. Community Development Director Dunsmore indicated that the answer
to this is yes, and that Planning would follow-up on this.
Commissioner Schmidt had questions about map extensions and Community
Development Director Dunsmore said we could revisit this.
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Chairperson Wolff stated she would be absent for the next three meetings (July 19,
August 2, and August 16). Vice Chairperson Anderson will chair the next three
meetings.
DIRECTORS REPORT
Community Development Director Dunsmore announced that the next Planning
Commission hearing is scheduled for July 19, 2016 and the Commission will hear a
standard tree removal permit and a CUP for the location where Club Soda was
previously.
Mr. Dunsmore gave an update on the sign campaign and stated that last Friday, staff
visited 34 businesses and removed 37 illegal signs. This Commission will be seeing a
revamp to our sign regulations soon.
Mr. Dunsmore gave an update on Walmart, the former Wendy’s building, the former
Gary Bang Harley Davidson building, the vacant space in Smart-n-Final, and the vacant
corner lot at El Camino Real and Morro Road.
ADJOURNMENT – 8:19 p.m.
The next regular meeting of the Planning Commission is scheduled for July 19, 2016, at
7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero.
MINUTES PREPARED BY:
____________________________
Annette Manier, Recording Secretary
t:\~ planning commission\pc minutes\pc minutes 2016\draft minutes 6 7 2016.am.docx
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ITEM NUMBER: 2
DATE: 7-19-16
Atascadero Planning Commission
Staff Report – Community Development Department
Katie Banister, Assistant Planner, 470-3480, kbanister@atascadero.org
PLN 2016-1598
Tree Removal Permit 2016-0201
7120 Valle Avenue
(Knoph)
SUBJECT:
The applicant is requesting the removal of three (3) coast live oak trees on a vacant
single-family residential lot. The trees proposed for removal have a cumulative diameter
of 69 inches.
RECOMMENDATION:
Staff recommends the Planning Commission adopt Resolution PC 2016-A to allow the
removal of three (3) native trees, based on findings and subject to mitigation.
Situation and Facts:
1. Property Owner: Sean Knoph
6950 Valle Avenue, Atascadero, CA 93422
2. Project Address: 7120 Valle Avenue (APN 029-371-031)
Atascadero, CA 93422
3. Certified Arborist: Chip Tamagni
A&T Arborists
PO Box 1311, Templeton, CA 93465
4. General Plan Designation: Single Family Residential (SFR-Y)
5. Zoning District: Residential Single Family (RSF-Y)
6. Site Area: 0.52 acre
7. Existing Use: Vacant
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ITEM NUMBER: 2
DATE: 7-19-16
Project Location and Zoning
Surrounding Zoning / Land Use
North: Recreation (L) / Stadium Park
East: Residential Single Family (RSF-Y)
South: Residential Single-Family (RSF-Y)
Low Density Residential Multiple Family (RMF 10
West: Residential Single-Family (RSF-Y)
High Density Residential Multiple Family (RMF-20)
ANALYSIS:
The proposed tree removal is located on a steeply sloping vacant lot in the Residential
Single Family zone with a 1 acre minimum lot size (RSF-Y). The applicant has applied
to construct a single family residence on the property. A Sloping Lot Adjustment to the
front setback will be heard at an administrative hearing on July 25, 2016.
L
RMF-10
RSF-Y
CR
RMF-20
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ITEM NUMBER: 2
DATE: 7-19-16
7120 Valle Avenue
The subject trees are each located in the proposed footprint of the driveway, front porch
or house. The structure will be placed very close to Valle Avenue eliminating the need
for a long driveway. In additon the home will not be placed on a cut and fill pad, but will
be supported by stem walls. This site design results in a significant reduction in the
quantity of grading needed to construct a home on this steep lot. The majority of trees
on the site will be retained.
Significantly, the trees to be removed are in poor condition, leaving higher quality trees
in place. The tree closest to the road, tree number 9, has been trimmed to
accommodate overhead power lines and was given a rating of 3 out of 10 possible
points by the project arborist. The other trees (number 6 and 7) are in “severe decline”
and were given a rating of 1.
Tree #6: 12-inch DBH
c
Tree #9:
28-inch DBH
Tree #7: 29-inch DBH
c
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ITEM NUMBER: 2
DATE: 7-19-16
Coast Live Oak Trees Proposed for Removal
Evaluative Criteria for Tree Removal
Atascadero Municipal Code Section 9-11.105(d)(3) provides the criteria the Planning
Commission should use when evaluating tree removals.
(i) The potential effect that tree removal could have on topography, knowing that
hilltops, ravines, streambeds and other natural watercourses are more
environmentally sensitive than flat or gentle sloping lands;
(ii) The potential effect that tree removal could have on soil retention and erosion
from increased flow of surface waters;
Staff comment: The trees are located on a very steep lot, but the land exposed
by these removals will be held in place by retaining walls constructed for the
foundation of the residence.
(iii) The potential effect that tree removal could have on the ambient and future
noise level;
Staff comment: The trees are located on a steep lot high above El Camino
Real and Highway 101. Most of the ambient noise travels up the hill from
those roads with minor input from the residences in the vicinity. Local tree
removals will have little impact on the noise from traffic below.
(iv) The potential effect that tree removal could have on the ability of existing
vegetation to reduce air movement and wind velocity;
Tree #9
Tree #7
Tree #6
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ITEM NUMBER: 2
DATE: 7-19-16
Staff comment: Air movement in the neighborhood is controlled by the
significant slope of Pine Mountain. The remaining trees on site and the future
house will slow localized air movement.
(v) The potential effect that tree removal could have on significantly reducing
available wildlife habitat or result in the displacement of desirable species;
Staff comment: The tree is located in a sparsely developed neighborhood.
Stadium Park is located to the north of the site. The property offers wildlife
habitat that will be reduced by the development of the lot, however the site
plan limits that reduction by keeping the home near the road. The subject
trees are of low quality.
(vi) Aesthetics;
Staff comment: Removal of the trees and construction of a residence will alter
the aesthetics of the immediate surrounding area from a natural area.
(vii) The number, size, species, condition and location of trees to be removed;
Staff comment: The subject trees are reported to be in poor condition. In
relation to the number of trees on the property, the number to be removed is
small.
(viii) The special need to protect existing blue and valley oaks because of
regeneration problems;
Staff comment: The trees are coast live oak trees.
(ix) The cumulative environmental effects of tree removal.
Staff comment: While removing this tree will have a limited environmental
impact, the site plan for this property limits the overall environmental impact of
the project.
Tree Mitigation
The Atascadero Municipal Code requires mitigation for all trees approved for removal.
The Tree Ordinance allows for either replanting of new native trees, or payment of
mitigation fees to the tree fund.
Based on the cumulative diameter of the tree, twelve (12) 5-gallon oak trees are
required for replanting. Alternatively, the applicant may choose to pay $575.00 to the
City’s tree mitigation fund. Substitution for larger trees or a combination of the two
mitigation methods is also permitted.
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ITEM NUMBER: 2
DATE: 7-19-16
FINDINGS:
In considering any tree removal request, at least one of the required findings must be
made. Staff has identified the following finding as appropriate for the application
request.
The tree is obstructing proposed improvements that cannot be reasonably
designed to avoid the need for tree removal, as certified by a report from
the site planner and determined by the Community Development
Department based on the following factors:
(a) Early consultation with the City,
(b) Consideration of practical design alternatives,
(c) Provision of cost comparisons (from applicant) for practical design
alternatives,
(d) If saving tree eliminates all reasonable use of the property, or
(e) If saving the tree requires the removal of more desirable trees.
Staff comment: The applicant has worked with City staff to design a project with
limited environmental impact. The trees proposed for removal are less desirable
than others on the property, which will be preserved.
ALTERNATIVES:
1. The Commission may approve the project with additional or revised project
conditions.
2. The Commission may deny the project if it is found that the required findings cannot
be made. The Commission’s motion to deny must include a finding basis for denial.
3. The Commission may continue the hearing and refer the item back to staff for
additional information or analysis. Direction should be given to staff and the
applicant on required information.
ATTACHMENTS:
Attachment 1 – Tree Protection Spreadsheet from Arborist Report
Attachment 2 – Draft Resolution PC 2016-A
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ITEM NUMBER: 2
DATE: 7-19-16
ATTACHMENT 1: Tree Protection Spreadsheet from Arborist’s Report
PLN 2016-1598 / TRP 2016-0201
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ITEM NUMBER: 2
DATE: 7-19-16
ATTACHMENT 2: Draft Resolution PC 2016-A
PLN 2016-1598 / TRP 2016-0201
DRAFT RESOLUTION NO. PC 2016-A
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING PLN 2016-1598 / TRP 2016-0201,
TO ALLOW THE REMOVAL OF THREE (3) COAST LIVE OAK TREES
TOTALING 69-INCHES DIAMETER AT BREAST HEIGHT (DBH)
LOCATED AT 7120 VALLE AVENUE (APN 029-371-031)
WHEREAS, an application was received from Sean Knoph, 6950 Valle Avenue,
Atascadero, CA 93422 (Owner), and by Chip Tamagni of A&T Arborists, PO BOX 1311,
Templeton, CA 93465 (Arborist), for a Tree Removal Permit to remove three (3) coast live oak
trees totaling sixty-nine (69) inches DBH; and
WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit
application on July 19, 2016, at 7:00 p.m. and considered testimony and reports from staff, the
applicants, and the public.
NOW THEREFORE, the Planning Commission of the City of Atascadero, California
takes the following actions:
SECTION 1. Findings for tree removal. The Planning Commission finds as follows:
The tree is obstructing proposed improvements that cannot be reasonably designed to
avoid the need for tree removal, as certified by a report from the site planner and
determined by the Community Development Department based on the following factors:
a. Early consultation with the City,
b. Consideration of practical design alternatives,
c. Provision of cost comparisons (from applicant) for practical design alternatives,
d. If saving tree eliminates all reasonable use of the property, or
e. If saving the tree requires the removal of more desirable trees.
Staff comment: The applicant has worked with City staff to design a project with limited
environmental impact. The trees proposed for removal are less desirable than others on
the property, which will be preserved.
SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on July 19, 2016, and resolved to approve Tree Removal Permit 2016-
0201, subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Required Tree Removal Mitigation
EXHIBIT C: Site Plan
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ITEM NUMBER: 2
DATE: 7-19-16
On motion by Commissioner ____________________, and seconded by Commissioner
_________________________, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAINED: ( )
ADOPTED:
CITY OF ATASCADERO, CA
_________________________________________
Jan Wolff
Planning Commission Chairperson
ATTEST:
___________________________________
Phil Dunsmore
Planning Commission Secretary
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ITEM NUMBER: 2
DATE: 7-19-16
EXHIBIT A: Conditions of Approval
PLN 2016-1598 / TRP 2016-0201
Conditions of Approval
PLN 2016-1598 / TRP 2016-0201
7120 Valle Avenue
Timing
FM; Final Map
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
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
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 that time, an appeal to the decision is
filed as set forth in Section 9-1.111(b) of the Zoning Ordinance.
Tree removal
PS
2. 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 tree removal.
Ongoing PS
3. The owner or applicant shall mitigate the tree removal by replanting 12
native trees, making a payment of $575.00 to the Atascadero tree
mitigation fund, or a combination thereof as shown in Exhibit B. Larger box
trees may be substituted for five-gallon replacement trees per the
Atascadero Native Tree Guidelines.
Tree removal PS
4. Payment to the tree mitigation fund or tree replanting shall occur before the
building permit for the residence can be finaled.
BP PS
5. If tree replanting is selected, the owner or applicant shall provide drip
irrigation to new trees until they are established.
BP PS
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ITEM NUMBER: 2
DATE: 7-19-16
Exhibit B Required Tree Removal Mitigation
PLN 2016-1598 / TRP 2016-0201
Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals
dbh notes dbh notes
1 12-inches tree 6 1
2 29-inches tree 7 2
3 28-inches tree 9 3
4 4
5 5
6 6
15 15
Total 69-inches Total 0-inches 69-inches
Mitigation Requirement
req'd tree replacements:12 five gal trees req'd tree replacements:0 five gal trees
Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees
0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees
0 box trees (24'')0 box trees (24'')0 box trees (24'')
Remaining Mitigation 0 five gal trees Remaining Mitigation 0 five gal trees 0 five gal trees
Tree Fund Payment:575.00$ Tree Fund Payment:-$ 575.00$
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ITEM NUMBER: 2
DATE: 7-19-16
Exhibit C Site Plan
PLN 2016-1598 / TRP 2016-0201
Valle Avenue
Tree #9
Tree #7
Tree #6
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September 2, 2003
Page 1 of 20
Atascadero Planning Commission
Staff Report - Community Development Department
Katie Banister, Assistant Planner, 470-3480, kbanister@atascadero.org
PLN 2016-1601 / CUP 2016-0299
Bar/Tavern Use in the Commercial Retail Zoning District
8451 El Camino Real
(Skip’s Speakeasy)
SUBJECT
The project consists of an application for a bar/tavern use to be located at the corner of
El Camino Real and Arcade Road, in the former location of Club Soda. This property is
zoned CR, Commercial Retail, where bars require a Conditional Use Permit (CUP).
RECOMMENDATION
Staff recommends the Planning Commission adopt Resolution PC 2016-A approving
Conditional Use Permit 2016-0299 to allow a bar/tavern use at 8451 El Camino Real,
based on findings and subject to conditions of approval.
Situation and Facts
1. Applicant: Alex Neal
1040 Chestnut St. Apt 8, Paso Robles, CA 93446
2. Property Owner: Jim Russel
9205 San Marcos Road, Atascadero, CA 93422
3. Project Address: 8451 El Camino Real, Atascadero, CA 93422
APN 030-512-007
4. General Plan Designation: General Commercial (GC)
5. Zoning District: Commercial Retail (CR)
6. Site Area: 0.15 acre
7. Existing Use: Vacant (Previously Club Soda Bar)
8. Environmental Status: Section 15301 Categorical Exemption: Existing facilities
ITEM NUMBER: 3
DATE: 7-19-16
17
DISCUSSION
Surrounding Land Use and Setting
North: Commercial Retail (CR)
South: Commercial Retail (CR)
East: Commercial Retail (CR) with a residential use
Residential Single-Family (RSF-X)
High Density Residential Multi-Family (RMF-20)
West: Commercial Service (CS)
Commercial Retail (CR)
RMF-20
CS
CR
RSF-X
Project Site
8451 El Camino Real
18
Background
The applicant leased the property, and applied for an Alcoholic Beverage License in
May of 2016, and now requests a conditional use permit to open Skip’s Speakeasy and
Cabaret Theatre. The applicant seeks a type 42 license from the Department of Alcohol
and Beverage Control (ABC), typical of bars and taverns. This type of license would
permit the applicant to sell beer and wine for on or off-site consumption, but not distilled
spirits. ABC would prohibit minors on site. Food service is not required.
The applicant describes his vision for the business as a classy neighborhood bar with a
vintage 1920’s speakeasy theme. He is currently upgrading the interior of the leased
space and intends to welcome music artists with limited amplification. The intention is
to operate a clean and safe establishment in an area of town without many similar
businesses.
The property has two commercial spaces on the ground floor, which front El Camino
Real, and a residential use on the second floor accessed from the rear of the building.
Nardonne’s Restaurant and the Moose Lodge are in adjacent properties that appear to
be part of the same building, but are under separate ownership.
ANALYSIS
A conditional use permit is required to establish a bar in the Commercial Retail zoning
district (AMC 9-3.223). Club Soda (a bar/tavern use) operated in this location without a
conditional use permit as a legal, non-conforming use until the summer of 2015. The
space has been vacant since that time. AMC 9-7.106 requires full conformance for a
new use when a nonconforming use is discontinued for 6 months or more.
The Commercial Retail zoning district extends from El Camino Real to El Centro Road,
but the properties behind the proposed bar are currently used for residences. The
multi-family residential building is approximately 125 feet from the rear of the proposed
bar. The parking lot is approximately 70 feet away. The applicant proposes the
business will be open from 12 p.m. until 2 a.m., 7 days each week.
Screening
AMC 9-4.128(4)(i) requires a 6 foot solid wall or fencing at the side or rear property line
of commercial uses adjacent to residential uses. This requirement is particularly
appropriate between a bar/tavern use and a residential use. Bars are typically open late
at night and customers leaving the bar may not always be respectful of nearby
residences. A condition is included to construct a solid wall or fence at the rear property
line.
19
Aerial photograph
Parking
The property includes a parking lot in the rear of the building with approximately 11
parking spaces that are shared between 3 tenants. It may be possible to expand the lot
to 13 spaces depending on access and accessibility requirements (see Exhibit D in the
draft resolution). The discount cigarette store next door, the upstairs residence, and
Skip’s Speakeasy will share this lot. The municipal code requires 3 off-street spaces for
Moose Lodge
Parking Lot
Moose Lodge
8700 Arcade Road
Multi-family residences
Lemos Pet Store
Sign A
Sign C
Sign B Existing
Garbage
Enclosure
Red-Striped Curb
20
the retail space, and 2 off-street parking spaces for the residence. 6 parking spaces
remain in the lot for the proposed bar.
The onsite parking requirement for eating and drinking places, including bars, is
determined largely by the number of tables and bar stools:
Off-Street Parking Requirement
Parking requirement Rate Spaces
1 space per customer table 8 tables 8
1 space per 2 barstools 19 barstools 9
1 space per 6 tables for employees 8 tables 1
1 space per 100 s.f. of kitchen Space behind bar 1-2
TOTAL 19
Skip’s Speakeasy cannot provide sufficient off-street parking spaces per the municipal
code requirements. The Planning Commission may reduce the parking requirement
through this conditional use permit if it finds that “the characteristics of a use or its
immediate vicinity do not necessitate the number of parking spaces, type of design, or
improvements required by this title and that reduced parking will be adequate to
accommodate on the site all parking needs generated by the use” (AMC 9-4.115(h)).
The curb is striped red to prevent parking directly in front of the business on El Camino
Real for about two parking-space lengths. About one parking-space length is also
striped red on Arcade Road adjacent to the business. The curb on the opposite side of
Arcade is entirely red precluding any parking there. There are 4 on-street parking
spaces in the immediate vicinity of the proposed bar.
Several businesses in the vicinity operate during the daytime, while the bar will be
busiest in the evening and nighttime hours suggesting shared peak-hour parking may
be a possibility. Lemos Pet Store is open 9-7pm and the cigarette store closes at 9pm.
There are also several unpaved vacant lots nearby. Staff has included a condition for
the applicant to seek agreements with neighbors to allow the use of their unused
parking lots in the evening.
Staff recommends the on-site parking lot be re-striped as the previous striping is almost
entirely worn away. A re-striped lot will provide the most efficient use of the space lot.
Further, the second driveway into the alley should be eliminated and striped to provide
an additional two parking spaces. A condition is included to require these
improvements.
Proposed Elevations
The proposed exterior elevations of the building will remain unchanged. The applicant
hopes to eventually add a glass door, windows and an outdoor seating area under the
arcade structure of the building.
21
Signage
The applicant has submitted conceptual plans for 3 wall signs. One sign would be
placed on the building façade facing El Camino Real under the arcade structure roof
(sign A in Exhibit E of the draft resolution), and two signs would be placed on the
building façade facing Arcade Road (signs B and C). The applicant proposes signs
made of channel letters with exposed light bulbs inside, sometimes called bulb signs or
marquee signs. Some stock images of bulb signs are provided to give the Planning
Commission a better understanding of the desired sign design theme.
Exposed-bulb-style signs
22
The municipal code allows one wall sign per building face (AMC 9-15.005(a)(5)). The
sign may be 1 square foot for each lineal foot of the building to a maximum 20 square
feet. Sign A on the 30-foot-wide El Camino Real façade is a 16 square foot logo sign.
Two signs are proposed for the 70-foot-wide Arcade Road façade. Sign B is a 4
square-foot logo sign and Sign C is a 4 square-foot “open” sign.
The proposed signs conflict with the sign ordinance in two ways: illumination source and
quantity of signs on a single building face. The Planning Commission may adjust the
standards of the sign ordinance through this conditional use permit (AMC 9-
15.003(a)(5)).
AMC 9-15.007 limits the illumination of signs to shielded light sources. Flashing,
blinking, reflecting, or any other similar sign are prohibited. AMC 9-4.137 requires the
minimization of exterior light intensity: “[n]o light or glare shall be transmitted or reflected
in such concentration or intensity as to be detrimental or harmful to persons or to
interfere with the use of surrounding properties or streets.” The proposed signs include
exposed bulbs that are essential for the retro design desired by the applicant. The signs
are not proposed to blink or flash.
Two signs are proposed on the Arcade Road facing size of the building. One is a logo
sign; the other is an “open” sign. Staff recommends the planning commission consider
whether permitting the “open” sign near the rear of the building is appropriate with
residential uses approximately 125 feet away.
Staff recommends sign A (facing El Camino Real) be placed above the arches for
consistency with the adjacent businesses and for better visibility. The applicant prefers
the lower installation location for pedestrian scale visibility and to utilize existing
electrical wiring.
Staff recommends sign B (the logo sign on the Arcade Road frontage) be moved away
from the arch and increased in size for better design and visibility from the road. As a
part of the recent City-wide signage clean-up campaign, staff has observed businesses
with undersized signage often resort to using unpermitted temporary signs to attract
business. A properly sized sign should alleviate this need. In addition, the adjacent
cigarette store has a sign posted at this corner. Signs for the two businesses should be
spaced adequately to reduce interference between messages. A related condition is
included.
Staff recommends the Planning Commission allow the proposed illumination method.
This exposed-bulb style of sign is compatible with the vintage theme of the bar, and is a
playful reminder of prohibition era signage used before the use of neon signs. The
signs do not face a residential zone, but the glow may be visible from the residence at
8700 Arcade. Staff has provided conditions to require frosted light bulbs with limited
wattage, and to require the signs be turned off when the bar is closed.
23
Landscaping
The Atascadero Municipal Code requires landscaping in parking lots consistent with
AMC 9-4.119(f), however the Planning Commission “may waive, modify or increase the
landscaping requirements of this section if a finding can be made that existing
vegetation topography or structural arrangement preclude the need for landscaping,”
(AMC 9-4.125). In this case, the structural arrangement leaves little to no exposed soil.
The building is not setback from El Camino Real and the asphalt parking lot covers the
entire back yard area. Accommodating landscaping would require significant changes
to the existing hardscape. Staff recommends the Planning Commission require the
applicant to landscape the extremely limited exposed soil on the site.
Garbage Collection
AMC 9-4.129 requires commercial uses to provide an enclosure that screens garbage
collection bins. The site has an existing enclosure that generally meets the
requirements of the municipal code.
General Plan Consistency
The proposed project is consistent with the following General Plan Land Use Element
Goals and Policies:
Land Use Program 1.1.7: Within the Urban Core, encourage infill development or
revitalization or reuse of land already committed to urban development where utilities
and public services exist.
Land Use Program 3.1.5: Develop incentives to attract new businesses to underutilized
locations along El Camino Real.
Land Use Program 3.1.11: Amend and maintain the zoning ordinance to require
Conditional Use Permit approvals of bars, dance halls, night clubs, drive through
restaurants, and service stations (all gasoline sales uses).
Goal LOC 3: Transform the existing El Camino Real “strip” into a distinctive, attractive
and efficient commercial, office and industrial park area which can provide for the long
term economic viability of the community.
Goal LOC 13: Provide a sound economic base to sustain the City’s unique character by
establishing a range of employment and business opportunities and generate sufficient
revenue to support adequate levels of public services, and environment, social and
educational quality.
Land Use Policy 13.1: Facilitate convenient location of goods and services needed by
local residents.
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Goal LOC 14: Retain and expand existing business and attract new businesses to
improve the availability of goods and services.
ENVIRONMENTAL DETERMINATION:
This project qualifies for a Class 1 Categorical Exemption under CEQA Section 15301,
Existing Facilities, specifically interior or exterior alterations involving such things as
interior partitions, plumbing, and electrical conveyances. The scale of the proposed
project is not significant enough to trigger a full Environmental Impact Report.
CONCLUSION:
The applicant has submitted a proposal to locate a bar/tavern use, Skip’s Speakeasy
and Cabaret Theatre, at 8451 El Camino Real (APN 030-512-007), in the former
location of Club Soda. Based on the above analysis and incorporated conditions, staff
believes that the findings for approval of the CUP can be made.
ALTERNATIVES:
1. The Commission may include modifications to the project and/or conditions of
approval for the project.
2. The Commission may determine that more information is needed on some
aspect of the project and may refer the item back to the applicant and staff to
develop the additional information. The Commission should clearly state the type
of information that is required and move to continue the item to a future date.
3. The Commission may deny the project. The Commission must specify the
reasons for denial of the project and make an associated finding with such
action.
ATTACHMENTS:
Attachment 1: Site Photos
Attachment 2: Applicant’s Statement of Justification
Attachment 3: Draft Resolution PC 2016-A
25
ATTACHMENT 1: Site Photos
PLN 2016-1601 / CUP 2016-0299
Existing building
Sign for Discount Cigarette store at corner of building
26
Rear of the bar with residence on the next property
Rear parking lot with no separation between residence beyond
27
Garbage enclosure with limited landscaping area
Recycling bins stored outside the garbage enclosure
28
ATTACHMENT 2: Applicant’s Statement of Justification
PLN 2016-1601 / CUP 2016-0299
29
ATTACHMENT 3: Draft Resolution PC 2016-A
PLN 2016-1601 / CUP 2016-0299
DRAFT RESOLUTION PC 2016-A
RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ATASCADERO, CALIFORNIA
APPROVING PLN 2016-1601 / CUP 2016-0299 TO PERMIT A
BAR/TAVERN USE AT 8451 EL CAMINO REAL (APN 030-512-007)
(NEAL)
WHEREAS, an application has been received from Alex Neal, 1040 Chestnut Street,
Apt. 8, Paso Robles, CA 93446 (Applicant), and Jim Russel, 9205San Marcos Road, Atascadero,
CA 93422 (Owner) to consider a project consisting of Conditional Use Permit 2016-0299 to
allow a bar/tavern use on a 0.15 acre parcel at 8451 El Camino Real (APN 030-512-007); and,
WHEREAS, the site’s current General Plan Designation is General Commercial (GC);
and,
WHEREAS, the site’s current zoning district is Commercial Retail (CR); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Minor
Conditional Use Permit application was held by the Planning Commission of the City of
Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said
Conditional Use Permit; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on July 19, 2016, studied and considered Conditional Use Permit 2016-
0299; and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings of Environmental Exemption. The Planning Commission finds
as follows:
1. The proposed project has been found Categorically Exempt under Class 1, Section 15301
(Existing Facilities) of the California Environmental Quality Act.
SECTION 2. Findings for approval of Conditional Use Permit. The Planning
Commission finds as follows:
30
1. The proposed project or use is consistent with the General Plan, as well as the City’s Appearance
Review Manual and any pertinent City policy or criteria adopted by ordinance or resolution of the
City Council.
Staff Comment: The proposed bar/tavern use at this location is consistent with the
General Commercial designation of the General Plan and the General Plan Land Use,
Open Space and Circulation (LOC) Element Goals 3, 13, and 14; Policies 13.1 and Land
Use Programs 1.1.7, 3.1.5, 3.1.11. The project will fill an underutilized commercial
space on El Camino Real near an identified commercial node.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance).
Staff Comment: As conditioned, the project satisfies the provisions of the Atascadero
Municipal Code. The Zoning Ordinance allows the Planning Commission to make
adjustments to the parking, signage, and landscaping requirements.
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 project is conditioned to address potential conflicts regarding
lighting, parking and noise that could negatively impact the neighborhood. The business
will be required to be respectful to neighbors, particularly residential neighbors.
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 use would fill a vacant space located in an existing
commercial building. The previous use of the tenant space was as a bar also with
amplified music. Further, the Moose Lodge, a member organization with a tavern
component, is located several doors south on El Camino Real. The project is conditioned
to address potential impacts on residential uses.
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: Existing traffic projections and future road improvement plans anticipate
a commercial use in this building.
6. That the proposed project is in compliance with any pertinent City policy or criteria adopted by
ordinance or resolution of the City Council.
Staff Comment: The proposed use is consistent with all pertinent City policies and
criteria adopted by the City Council.
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7. That the existing vegetation, topography or structural arrangement preclude the need for
landscaping.
Staff Comment: The site was previously developed without a front setback or landscape
area in the rear of the property. The current structural arrangement will not
accommodate significant additional landscaping.
SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on July 19, 2016 resolved to approve Conditional Use Permit 2016-
0299 subject to the following:
EXHIBIT A: CEQA Exemption
EXHIBIT B: Conditions of Approval
EXHIBIT C: Floor Plan
EXHIBIT D: Site Plan
EXHIBIT E: Signage
On motion by Commissioner _____________, and seconded by Commissioner __________ the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Jan Wolff
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
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EXHIBIT A: Notice of Exemption
PLN 2016-1601 / CUP 2016-0299
33
EXHIBIT B: Conditions of Approval
PLN 2016-1601 / CUP 2016-0299
Conditions of Approval
Skip’s Speakeasy
8451 El Camino Real
CUP 2016-0299
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
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
Planning Services
1. Conditional Use Permit 2016-0299 shall be for a bar/tavern use as generally
described in attached Exhibits C, D and E located on parcel 030-512-007,
regardless of owner.
Ongoing PS
2. The approval of this use permit shall become final and effective for the purposes
of issuing building permits 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.
Ongoing PS
3. 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%, (2) result in a superior site design or appearance, and/or (3) address a
construction design issue that is not substantive to the Conditional Use Permit.
Ongoing PS, CE
4. 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 City business license or a
time extension.
BL PS
5. The applicant 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 this
conditional use permit.
Ongoing CA
6. Any tenant improvements to the building shall conform to all Building Code
requirements including permitting, room sizes, restrooms, exiting, path of travel,
etc. Inclusion of the floor plan with this conditional use permit does not provide
relief from standard Building Codes in place at the time of submittal of tenant
improvement permits.
A building permit shall be obtained prior to beginning any demolition or
construction work on site.
BP BS
7. A 6-foot-tall solid wall or fence shall be constructed along the entire rear property
line to delineate the entire parking lot area as generally shown in Exhibit D.
BL / BP PS / BS
8. A minimum of 13 shared, off-street parking spaces shall be provided in the rear
parking lot.
BL PS
9. The parking lot shall be re-striped to eliminate the driveway access to the rear
alley and to maximize the number of parking spaces while conforming to
accessibility requirements.
BL BS / PS
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Conditions of Approval
Skip’s Speakeasy
8451 El Camino Real
CUP 2016-0299
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
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
10. The applicant shall seek shared parking agreements with neighboring properties
with excess parking spaces or dissimilar peak hour parking needs. The applicant
shall report progress to Planning Services staff at time of business license
application.
BL PS
11. All proposed signs require a building permit in conformance with the California
Building Code
BP BS / PS
12. Sign A, placed on the front elevation of the building shown in Exhibit E, shall be
limited to a total area of 20 square feet and shall be located above the arches of
the front arcade structure
BP BS / PS
13. One sign shall be permitted on the Arcade Road frontage. Sign B, a logo sign
shall be a minimum of 10 square feet and maximum 20 square feet in size. It
shall be placed away from the arch at the corner of the building as generally
shown in Exhibit E.
BP BS / PS
14. All signs with exposed bulbs shall use frosted bulbs with very low wattage (each
approximately 10 watts or less) to be approved by planning services staff at time
of building permits.
BP PS
15. Off-site glare and light spill toward residential properties shall be minimized
through sign design and placement.
BP /
Ongoing
PS
16. Sign lighting shall be turned off at close of business, or 2 am, whichever is earlier. Ongoing PS
17. The business shall conform to state laws regarding the hours alcohol may be
sold.
Ongoing PS
18. Amplified music shall be limited to between the hours of 9 a.m. and 11 p.m. Ongoing PS
19. The business shall conform to the City Noise Ordinance, Atascadero Municipal
Code 9-14, or successor code section including:
Nighttime exterior noise level (between 9 p.m. and 7 a.m.), measured at the
property line of any affected residence, hospital, or church, shall not exceed 45
dB (hourly equivalent sound level) or 65 dB maximum.
Daytime exterior noise level (between 7 a.m. and 9 p.m.), measured at the
property line of any affected residence, hospital, or church, shall not exceed 50
dB (hourly equivalent sound level) or 70 dB maximum.
Ongoing PS
20. No unscreened outdoor storage of garbage or other refuse shall be permitted. Ongoing PS
21. Any new roof-mounted equipment shall be screened from view in all directions. BP/ Ongoing PS
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Exhibit C: Floor Plan
PLN 2016-1601 / CUP 2016-0299
36
Exhibit D: Site Plan
PLN 2016-1601 / CUP 2016-0299
Sign A
Sign C
Sign B
Existing
Garbage
Enclosure
New Wall
or Fence
at Rear
Property
Line
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Exhibit E: Signage
PLN 2016-1601 / CUP 2016-0299
Sign A: El Camino Real Frontage 4 ft x 4 ft Logo Sign
Sign B: Arcade Road Frontage 2 ft x 2 ft Logo Sign
Staff recommends sign A be
moved to above one of the arches
or between the arches
Staff recommends sign B be
increased in size and moved to
this general location
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Sign C: Arcade Road Frontage 2 ft x 2 ft “Open” Sign
Staff recommends sign
C not be permitted
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