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HomeMy WebLinkAboutPC_2017-10-17_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA REGULAR MEETING Tuesday, October 17, 2017 6:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Duane Anderson Vice Chairperson Jerel Seay Commissioner Ryan Betz Commissioner Mark Dariz Commissioner Josh Donovan Commissioner Jan Wolff Commissioner Tom Zirk APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF DRAFT MINUTES OF PLANNING COMMISSION MEETING ON SEPTEMBER 19, 2017 City of Atascadero Planning Commission Agenda Regular Meeting, Oct.17, 2017 Page 2 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website PLANNING COMMISSION BUSINESS 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, Condition al Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited t o provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. PLN 2017-1651 FOR 7300 EL CAMINO REAL DRIVE-THROUGH RESTAURANT Property Owner: Dynamic Investments, LLC, 1725 21st Street, Santa Monica, CA 90404 Applicant: Pamela Jardini, Planning Solutions Project Title: PLN 2017-1651 / CUP 2017-0315 / DRC 2017-0103 Project Location: 7300 El Camino Real, Atascadero, CA 93422 APN 030-222-048 (San Luis Obispo County) Project Description: The proposed project includes construction of a 2,520 square foot drive-through restaurant with outdoor patio area. The existing building (vacant Coco’s Restaurant) would be demolished. General Plan Designation: SC Zoning District: CS Proposed Environmental Determination: Categorically exempt from CEQA (Section 15303, CEQA Guidelines) City Staff: Callie Taylor, Senior Planner, ctaylor@atascadero.org, Phone: 470-3448 Staff Recommendation: Staff recommends the Planning Commission adopt PC Resolution 2017-A approving a Conditional Use Permit for the construction of a drive-through restaurant with outdoor patio area, signage, tree removal, and shared parking reduction, based on findings and subject to Conditions of Approval. City of Atascadero Planning Commission Agenda Regular Meeting, Oct.17, 2017 Page 3 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 3. PLN 2017-1655 FOR 6850, 6925, AND 6907 MORRO ROAD (SENECA F AMILY OF AGENCIES) 4. PLN 2017-1658 FOR 7735 EL CAMINO REAL (STEPHEN WAGNER) Property Owner: Seneca Family of Agencies, 8750 Mountain Blvd., Oakland, CA 94605 Applicant: Pamela Jardini, Planning Solutions Project Title: PLN 2017-1655 / CUP 2017-0314 Project Location: 6850 Morro Road, 6925 and 6907 Atascadero Ave., Atascadero, CA 93422 APN 030-282-018, 032, 043 (San Luis Obispo County) Project Description: The application includes a social service use, offices, daycare services, educational training and potential residential uses. Seneca provides community based services including a children’s clinic, child advocacy, child development training and emergency foster care programs. The two (2) existing buildings would be utilized and an outdoor play area would be installed for the clients. The use would span three (3) separate parcels, which are zoned Commercial Retail (CR) and Residential Multi-Family (RMF-20). General Plan Designation: General Commercial (GC) and High Density Residential (HDR) Zoning District: Commercial Retail (CR) and Residential Multi-Family (RMF-20) Proposed Environmental Determination: Categorically exempt from CEQA (Section 15301, CEQA Guidelines, Class 1 exemption) City Staff: Callie Taylor, Senior Planner, ctaylor@atascadero.org, Phone: 470-3448 Staff Recommendation: Staff recommends the Planning Commission adopt PC Resolution 2017-A approving a Conditional Use Permit for a social service use, offices, daycare services, educational training and potential residential uses on three (3) parcels zoned Multi-family Residential and Commercial. Property Owner: Stephen and Janine Wagner, 3305 Colima Road, Atascadero, CA 93422 Representative: Gary Miyamoto, PO Box 1886, Atascadero, CA 93423 Project Title: PLN 2017-1658 / CUP 2017-0318 Project Location: 7735 El Camino Real, Atascadero, CA 93422, APN 008-286-004 (San Luis Obispo County) Project Description: The applicant proposes a conversion of non -residential uses on a 2nd floor of a historic colony home into a 691 square foot residential apartment. The applicant proposes minor exterior modifications and interior improvements. The Atascadero Municipal Code allows for multi - family residential uses in certain commercial zones with approval of a Conditional Use Permit. General Plan Designation: GC Zoning District: CP Proposed Environmental Determination: Categorically exempt from CEQA (Section 15301, CEQA Guidelines, Class 1 exemption) City Staff: Alfredo R. Castillo AICP, Assoc. Planner, acastillo@atascadero.org, Phone: 470-3436 Staff Recommendation: Staff recommends the Planning Commission adopt PC Resolution 2017-A, approving a Conditional Use Permit to allow for an upstairs residence in a converted historic colony home. City of Atascadero Planning Commission Agenda Regular Meeting, Oct.17, 2017 Page 4 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 5. PLN 2015-1650 CITYWIDE ZONING ORDINANCE TEXT CHANGES (TO BE CONTINUED TO NOV. 7, 2017) COMMISSIONER COMMENT S AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on November 7, 2017, at 6:00 p.m. at City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to, this public hearing. Property Owner: Citywide Applicant: City of Atascadero, 6500 Palma Ave, Atascadero, CA 93422 Project Title: PLN 2017-1650 / ZCH 2017-0186 Project Location: Citywide Project Description: The proposed amendments include minor revisions to zoning text to correct inconsistencies, typographical errors and to update zoning definitions for consistency with the General Plan. Proposed Environmental Determination: Exempt by the general rule that CEQA applies only to projects that have the potential for causing significant effect on the environment. (Section 15061(b)(3) No significant environmental impact, CEQA Guidelines). City Staff: Katie Banister, Assistant Planner, kbanister@atascadero.org, Phone: 470-3480 Staff Recommendation: Continue to a date certain, November 7, 2017. City of Atascadero Planning Commission Agenda Regular Meeting, Oct.17, 2017 Page 5 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comm ent Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. PC Draft Minutes of 9/19/17 Page 1 of 4 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Special Meeting – Tuesday, September 19, 2017 – 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:00 p.m. Chairperson Anderson called the meeting to order at 6:00 p.m. and Commissioner Wolff led the Pledge of Allegiance. ROLL CALL Present: Commissioners Betz, Dariz, Donovan, Wolff, Zirk, and Chairperson Anderson Absent: Vice Chairperson Seay (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 Wolff and seconded by Commissioner Donovan to approve the Agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Anderson closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF DRAFT MINUTES OF PLANNING COMMISSION MEETING ON AUGUST 1, 2017 2. APPROVAL OF DRAFT MINUTES OF SPECIAL JOINT MEETING ON AUGUST 29, 2017 ITEM NUMBER: 1 DATE: 10-17-17 1 PC Draft Minutes of 9/19/17 Page 2 of 4 3. APPROVAL OF TIME EXTENSION FOR PLN 2007-1233, 8391 AMAPOA AVE. MOTION: By Commissioner Wolff and seconded by Commissioner Donovan to approve the Consent Calendar. Motion passed 6:0 by a roll-call vote. PLANNING COMMISSION BUSINESS None COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing, Planning Commission Members must disclose any communications they have had on any quasi- judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited t o provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 4. PLN 2017-1633, ADULT AND MEDICAL USE CANNABIS REGULATIONS Applicant: City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422 Project Title: PLN 2017-1633 Project Location: Citywide, Atascadero, CA 93422 (San Luis Obispo County) Project Description: Municipal Code Amendments for Cannabis Activities and Regulations. Proposed Ordinance includes repealing Section 9-6.168, Medical Marijuana Facilities, and creating a new chapter, 17, Cannabis Activities and Regulations. Environmental Determination: This action is not a project within the meaning of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) Section 15061 (b)(3) that the activity only applies to projects which have a potential for causing significant effect on the environment and is therefore exempt from CEQA. City Staff: Phil Dunsmore, Community Development Director, Email: pdunsmore@atascadero.org, Phone: 470-3488; Alfredo R. Castillo, AICP, Email: acastillo@atascadero.org, Phone: 470-3436 Staff Recommendation: Planning Commission adopt PC Resolution 2017-A recommending to the City Council introduction of an Ordinance for first reading, by title only, repealing Section 9-6.186, Medical Marijuana Facilities, and adding Chapter 17, Cannabis Activities and Regulations. 2 PC Draft Minutes of 9/19/17 Page 3 of 4 EX PARTE COMMUNICATIONS None Community Development Director Dunsmore and Associate Planner Castillo gave the staff report and answered questions from the Commission. Associate Planner Castillo stated that staff is recommending adding the following verbiage to Section 9-17.003 Definitions (g) on page 53 of the packet: “Commercial cannabis activity shall also include the sale or distribution of cannabis and/or cannabis products, in exchange for compensation in any form, for medicinal purposes under Health and Safety Code sections 11362.5 and 11362.7 and following .” Associate Planner Castillo stated that staff is recommending adding the following to Section 9-17.004(c)(2) “and / or landscaping” after the word fencing. PUBLIC COMMENT The following members of the public spoke during public comment: Marie Roth who distributed a handout (Exhibit A) to the Commission, and Gene Barre. Chairperson Anderson closed the Public Comment period. MOTION: By Commissioner Donovan and seconded by Commissioner Dariz to adopt PC Resolution 2017-A approving PLN 2017- 1633 recommending to the City Council introduction of an Ordinance for first reading, by title only, repealing Section 9- 6.186 Medical Marijuana Facilities, and adding Chapter 17, Cannabis Activities and Regulations. The following verbiage will be added to 9-17.003 (g): “Commercial cannabis activity shall also include the sale or distribution of cannabis and/or cannabis products, in exchange for compensation in any form, for medicinal purposes under Health and Safety Code sections 11362.5 and 11362.7 and following.” The following words will be added to 9-17.004 (c)(2) “and / or landscaping” after the word fencing. An annual review will be done a year from now on the effectiveness of the new code. Motion passed 6:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None 3 PC Draft Minutes of 9/19/17 Page 4 of 4 DIRECTOR’S REPORT Community Development Director Dunsmore stated that the next meeting scheduled for October 3rd may be cancelled. Community Development Director Dunsmore gave an update on the Carls Jr. sign, the proposed Starbucks, the proposed hamburger restaurant/drive-through at the old Coco’s site, La Plaza, zoning text amendments, the space at the Galaxy Theatre parking lot, the Creekside building, traffic calming, parking in the downtown, and signage for parking in the downtown. ADJOURNMENT – 7:42 p.m. The next Regular meeting of the Planning Commission is scheduled for October 3, 2017, at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant The following Exhibit is available in the Community Development Department: Exhibit A – Letter from Marie Roth 4 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Atascadero Planning Commission Staff Report – Community Development Department PLN 2017-1651 Drive-Through Restaurant, 7300 EL CAMINO REAL RECOMMENDATION: Design Review Committee recommends: Planning Commission adopt PC Resolution 2017-A, approving a Conditional Use Permit (CUP 2017-0315) to allow a drive-through restaurant, proposed signage, shared parking reduction, and native tree removal at 7300 El Camino Real, based on findings and subject to Conditions of Approval. Summary: The proposed project includes construction of a 2,520 sq. ft. restaurant with drive-through. The existing building (vacant Coco’s Restaurant) would be demolished and replaced with the new restaurant and outdoor patio area. Construction of the new restaurant would be in addition to the Med Post facility currently under construction on the same site. A signage plan is proposed, which includes wall signs and a freestanding sign facing Highway 101. One native tree is proposed for removal. PROJECT ADDRESS: 7300 El Camino Real Atascadero, CA APN 030-222-048 PROJECT PLANNER Callie Taylor, Senior Planner 470-3448 ctaylor@atascadero.org APPLICANT’S REPRESENTATIVE Pamela Jardini, Planning Solutions PROPERTY OWNER Dynamic Investments, LLC GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Service Commercial (SC) Commercial Service (CS) 0.86 acres Vacant restaurant Med Post under construction Drive-through Restaurant ENVIRONMENTAL DETERMINATION ☒ Categorical Exemption CEQA – Guidelines Section 15303 5 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial / Surrounding North: South: East: West: Commercial Retail (CR) Commercial Service (CS) Commercial Retail (CR) Highway 101/ Public Right-of-Way Background: The existing Coco’s Restaurant on the subject site has been vacant since December 2015. In June and July of 2016 the DRC held two meetings to consider proposals for redevelopment of the site. DRC provided design review comments on elevations and a conceptual site plan for development of a medical office building (Med Post) to collocate on the site with a restaurant. The medical office is an allowed use and therefore did not require a Conditional Use Permit prior to construction. Building permits have been issued for the Med Post building and the new parking lot. Construction of the Med Post is currently in process. In August 2017, the City received an application to demolish the existing Coco’s restaurant and replace it with a fast-casual drive-through restaurant. On August 24, 2017, the DRC reviewed the preliminary application and sent the project back to the applicant for redesign of the site plan. The Committee was generally in favor of an upscale drive-through restaurant use, provided that the restaurant also emphasized a sit down dining element, and had strong street presence and minimized the focus on the drive-through. On September 13, the DRC reviewed an updated site plan and made a recommendation that Planning Commission approve the project subject to minor modifications and Conditions of Approval. The applicant has since submitted a landscape plan, patio seating plan, and included a proposal for on-site signage. 6 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Analysis: A Conditional Use Permit is required for a drive -through restaurant in the commercial zones. Planning Commission review is required to ensure compatibility and appropriateness of the proposed use. Design review of elevations and site plan is required for all commercial projects. The applicant has not disclosed the name of the operator of the proposed restaurant; however, it has been described as an upscale fast-casual restaurant. The business model for this restaurant operator is beginning to incorporate a drive-through option, and therefore a CUP application has been submitted. Site Design The applicant has worked extensively with City staff and the DRC to design a drive- through option that maintains emphasis on the traditional sit-down portion of the restaurant. The current proposal incorporates the following site elements, as requested by the DRC:  Large front patio with seating, facing El Camino Real.  Building located closer to El Camino Real frontage to give street presence and minimize noise from Highway 101.  Parking provided behind the building on the Highway 101 side.  Drive-through exiting lane routed directly on to El Camino Real. Minimizes visual focus of drive-through and reduces conflicts between the drive-through, parking area, and pedestrian access at the front of the building. Site grading will be required to lower the front of the site by several feet bring it closer to street level. This enables the drive-through lane to exit directly on to El Camino Real, and minimizes the length of the ADA ramp and pedestrian access path at the front of the site. The back of the site will maintain the exiting slope along the Highway 101 frontage. Parking The site plan includes 41 on-site shared parking spaces which can be utilized by both the Med Post office and the restaurant. Atascadero Municipal Code Section 9-4.115(e, f, & h) allows parking reductions to be approved through the use permit process for sites with shared parking and for uses with differing peak traffic demands. The Atascadero Municipal Code restaurant parking requirements are based on the number of tables and customer seats provided at the restaurant. Staff and DRC are recommending that a 20% parking reduction be approved with this CUP based on the shared use site. By approving a shared parking reduction, the operator will be able to provide additional tables and patio seating at the restaurant. With a 20% parking reduction, approximately 30 to 35 tables could be made available at the restaurant. Native Tree Removal One existing native oak tree at the front of the site is proposed for removal to facilitate construction of the new drive-through restaurant. The tree is approximately 9 -inches in 7 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero diameter, with poor trunk and branch structure due to its location beneath an existing pine tree (photo of tree included in Attachment 2). Site grading at the front of the site is necessary in order to develop the preferred site plan as recommended by DRC. The oak tree will be replaced with several new street trees along the El Camino Real frontage. DRC recommends the Planning Commission approve the tree removal with standard mitigation requirements to re-plant native trees on-site or pay into the tree mitigation fund. Landscaping A landscape plan has been provided which includes street trees, Highway 101 landscaped frontage, and a landscaped side setback along the property line. Vines are proposed throughout the front patio in large freestanding containers. The DRC requested that additional trees be located in the parking lot to provide shade. AMC Section 9-4.119 requires shade trees to be provided at approximately 30-foot intervals along parking rows. Staff has conditioned the project to include two (2) additional trees along the back parking row to meet code requirements and the DRC request. Proposed Landscape & Site Plan 8 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Elevations / Architectural Design At the DRC meetings in 2016 and 2017, the Comm ittee provided specific direction regarding the architectural design of the Med Post and the future restaurant building. DRC advised that overly modern styles with large flat walls should be avoided. Instead, designs should reference historic Atascadero architectural style or compliment surrounding buildings. Focus should be on simple forms, enhanced structural components, storefront, large windows, historic color palate and materials, and incorporate higher quality architectural materials like brick or stone. DRC felt that the style of the two buildings on site could be different, but that the buildings should relate to each other. The applicant incorporated DRC recommendations into both the Med Post and the proposed restaurant elevation designs as shown in the attachments. Proposed Restaurant Elevation Design Signage Businesses along Highway 101 may be permitted a building-mounted freeway oriented sign through approval of a use permit (AUP or CUP.) Tenants less than 10,000 sq. ft. in size may be permitted a freeway facing wall sign up to 40 sq. ft. in size. The applicant is requesting one freeway facing wall sign on the restaurant building, and a second freeway facing wall sign on the Med Post building. An existing freeway facing pole sign is located behind the Coc o’s restaurant. The pole sign is existing non-conforming due to lack of a use permit. Freeway pole signs can be permitted through an AUP or CUP for specific uses, including restaurants, service stations, lodging, or new automobile dealerships. The applicant is proposing to permit the existing sign through this CUP and reuse and refurbish the sign for the new restaurant. Municipal Code Section 9-15.011 allows exceptions to the Sign Ordinance through use permit approval, based on required findings. The applicant is requesting two signage exceptions: 9 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 1.) Two (2) monument signs proposed on El Camino Real (one for each tenant.) Code allows only 1 monument per 200 feet of site frontage. DRC is recommending approval as two uses are sharing one site. Staff has conditioned the monument signs to be separated and located in front of each building so as not to flank the driveway or block line-of-sight at driveway exit. 2.) Request to exceed maximum signage allowed for a single business. The Sign Ordinance limits maximum sign area of a single use to 150 sq. ft. The restaurant operator is requesting 3 wall signs totaling 135 sq. ft., a monument sign with approximately 26 sq. ft. of sign area per side, and use of the existing freeway facing pole sign. City staff is recommending the additional signage request be approved for this tourist serving restaurant use. ENVIRONMENTAL DETERMINATION: The proposed project is Categorically Exempt (Class 3) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures). The project includes less than 10,000 square feet of commercial floor area in an urbanized area. The surrounding area is not environmentally sensitive, and includes urban uses without valuable habitat for threatened species. The project will not result in significant impacts to traffic, noise, air quality or water quality. The project will be served by existing roads, utilities, and all necessary public services and facilities. The notice of exemption is included in the draft resolution. FINDINGS: To approve Conditional Use Permit 2017-0315, the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached resolution (Attachment 4). Conditional Use Permit (AMC Section 9-2.110(b).(3).(iv) 1. The proposed project or use is consistent with the General Plan ; and 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance; and, 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; and, 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 10 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 5. 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; and, 6. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; and, Parking Modification (AMC Section 9-4.115(e, f, & h)) 7. The proposed project includes two (2) nonresidential uses on a single site, which have distinct and differing peak traffic usage periods, with parking areas of each use located within three hundred (300) feet of each other, thereby allowing the required number of parking spaces to be reduced through conditional use permit approval; and, 8. The characteristics of the use or its immediate vicinity do not necessitate the full number of parking spaces, type of design, o r improvements required by the Zoning Ordinance and the reduced parking will be adequate to accommodate on the site all parking needs generated by the use s on the subject site; and, Freeway Facing Signage (AMC Section 9-15.009(a & d)) 9. The proposed business is located on freeway frontage of Highway 101, and is a restaurant, service station, provides lodging, or is a dealer of new automobiles, and therefore may be permitted a freeway oriented free standing sign through approval of a use permit, consistent with the sign ordinance requirements; and, 10. The proposed building area of each tenant building is less than ten thousand (10,000) square feet, and therefore tenants may be permitted a building- mounted freeway oriented sign through approval of a use permit, consistent with the sign ordinance requirements; and, Signage Area Exceptions (AMC Section 9-15.011) 11. The proposed signs are consistent with the purposes set forth in Zoning Ordinance Section 9-15.002 (Intent); and, 12. The opportunity to combine signs for more than one (1) use on a single sign structure has been considered; and, 13. For freeway-oriented signs, the sign area and height are the minimum needed to achieve adequate visibility along the freeway due to highway ramp locations and grade differences; and, 11 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 14. The signs conform with all other applicable codes and ordinances of the City, including, but not limited to, the Zoning Ordinance, the General Plan, and the Appearance Review Guidelines; and, Tree Removal Permit (AMC Section 9-11.105(d).(2).(v) 15. 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. RECOMMENDATION: DRC and City Staff recommend the Planning Commission adopt Resolution PC 2017-A approving a Conditional Use Permit to allow a drive-through restaurant as proposed, including on-site signage, shared parking reduction, and native tree removal request. ALTERNATIVES: 1. The Planning Commission may include modifications to the project and/or Conditions of Approval for the project. Any proposed modifications including Conditions of Approval, should be clearly re-stated in any vote on any of the attached resolutions. 2. The Planning 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. A motion, and approval of that motion, is required to continue the item to a future date. 3. The Planning Commission may deny the project. The Commission must specify what findings cannot be made, and provide a brief oral statement, based on the Staff Report, oral testimony, site visit, correspondence, or any other rationale introduced and deliberated by the Planning Commission. ATTACHMENTS: 1. Site Aerial 2. Site Photographs 3. Med Post elevations approved for construction 4. Draft Resolution PC 2017-A 12 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Site Aerial PLN 2017-1651 13 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Site Photographs PLN 2017-1651 Existing Coco’s proposed to be demolished Med Post currently under construction 14 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Oak tree to be removed Freeway sign to be reused and refurbished for new restaurant Monument sign to be reused & refurbished for new restaurant 15 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 3: Med Post elevations approved for construction PLN 2017-1651 “Heartthrob Red” paint color considered as signage. Limited to signage size per sign ordinance, not entire background area 16 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 3: Med Post elevations approved for construction PLN 2017-1651 “Heartthrob Red” paint color considered as signage. Limited to signage size per sign ordinance, not entire background area 17 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 4: Draft Resolution PC 2017-A PLN 2017-1651 DRAFT PC RESOLUTION 2017-A CONDITIONAL USE PERMIT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A DRIVE-THROUGH RESTAURANT, SIGNAGE, PARKING REDUCTION AND TREE REMOVAL APN 030-222-048 DYNAMIC INVESTMENTS, LLC 7300 EL CAMINO REAL WHEREAS, an application has been received from Dynamic Investments, LLC, 1725 21st Street, Santa Monica, CA 90404 (Owner), and Pamela Jardini of Planning Solutions, 1360 New Wine Place, Templeton, CA 93465 (Representative) to consider Planning Application PLN 2017-1651, for a project consisting of a Conditional Use Permit (CUP 2017-0315) for a drive- through restaurant, signage, shared parking reduction, and native tree removal on a 0.86 acre site located at 7300 El Camino Real, Atascadero, CA 93422 (APN 030-222-048); and, WHEREAS, the site’s current General Plan Land Use Designation is Service Commercial (SC); and, WHEREAS, the site’s current Zoning District is Commercial Service (CS); and, WHEREAS, establishing a drive-through restaurant use requires the adoption of a Conditional Use Permit in the CS zoning district; and, WHEREAS, the Design Review Committee reviewed the proposed project on August 24, 2017 and September 13, 2017 and provided recommendations to the Planning Commission regarding the site plan and architectural appearance of the project; and, WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA Guidelines Section 15303: Construction or Conversion of Small Structures; 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, 18 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on October 17, 2017, studied and considered PLN 2017-1651; and, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero makes the following findings, determinations and recommendations with respect to the proposed Conditional Use Permit: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project is Categorically Exempt (Class 3) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15303, for new construction of small structures. A notice of determination is included as Exhibit A. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan; and, Fact. The project is consistent with the Land Use, Open Space and Circulation (LOC) Policies and Programs 1.1 for guiding new development into the urban core; 1.1.7 for infill development; 1.4.1 for screening exterior lights; 2.1.3 and 7.2.3 for providing street trees; 4.2 for enhancing pedestrian circulation in the downtown; 7.2.4 for providing shade trees; 8.5.3 for providing on- site stormwater management; 13.1 for convenient location of goods and services; and 15.1 for directing growth to an area with existing City services. The project is consistent with Circulation Element (CIR) Policies and Programs 1.3.3 for locating on an arterial with minimal driveways; 1.4 for requiring a tree lined street; 1.5.1 for requiring adequate off-street parking; 1.5.3 for landscaping, lighting, screening and shade trees in the parking lot; 2.2.2 for providing bicycle parking; and 2.3.1 for providing adequate sidewalks. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance; and, Fact. The proposed drive-through restaurant and signage can be permitted though the Conditional Use Permit process as identified in the Municipal Code. The proposed structure and site plan are consistent with the applicable provisions of the Atascadero Municipal Code with the approval of the subject entitlement. 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 19 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, Fact. The proposed drive-through restaurant will be replacing an existing restaurant of similar size at this location. The establishment of the use on a commercial infill site will not be detrimental to the public health, safety, or welfare. Conditions of Approval have been added to ensure that no sight distance issues occur due to the location of the monument signs. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, Fact. The proposed drive-through use and signage are consistent with surrounding commercial uses along El Camino Real and adjacent to Highway 101. 5. 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; and, Fact. The proposed drive-through restaurant will be replacing an existing restaurant of similar size at this location. El Camino Real is an arterial road, designed to accommodate the traffic that will result from the proposed project. 6. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Fact. The Design Review Committee has reviewed the proposed project and found the site plan and elevations to be consistent with the criteria in the City’s Design Review Manual. SECTION 3. Findings for Planning Commission Parking Modification . The Planning Commission finds as follows: 1. The proposed project includes two (2) nonresidential uses on a single site, which have distinct and differing peak traffic usage periods, where parking areas of each use are located within three hundred (300) feet of each other, thereby allowing the required number of parking spaces to be reduced through conditional use permit approval; and, Fact. The medical office and fast-casual drive-through restaurant represent two distinct uses with alternating peak parking demands. The uses will be able to share the on-site parking which is located towards the center of subject site. 2. The characteristics of a use or its immediate vicinity do not necessitate the full number of parking spaces, type of design, or improvements required by the Zoning Ordinance and the reduced parking will be adequate to accommodate on the site all parking needs generated by the uses on the subject site. 20 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Fact. The parking needs for the drive-through restaurant and medical office on the shared site will be satisfied by the reduced parking requirement. SECTION 4. Findings for Planning Commission Signage Area Exceptions and Freeway Facing Signage. The Planning Commission finds as follows: 1. The proposed business is located on freeway frontage of Highway 101, and is a restaurant, service station, provides lodging, or is a dealer of new automobiles, and therefore may be permitted a freeway oriented sign free standing sign through approval of a use permit, consistent with the sign ordinance requirements; and, Fact. The proposed use is a restaurant along Highway 101, and therefore can be permitted a freestanding freeway facing sign. 2. The proposed building area of each tenant building is less than ten thousand (10,000) square feet, and therefore tenants may be permitted a building-mounted freeway oriented sign through approval of a use permit, consistent with the sign ordinance requirements; and, Fact. There are two tenants located on the subject site, each with buildings facing highway 101. Building mounted freeway oriented signage can be permitted for each tenant, consistent with the sign ordinance. 3. The proposed signs are consistent with the purposes set forth in Zoning Ordinance Section 9-15.002 (Intent); and, Fact. The proposed signs maintain the aesthetic environment and overall community appearance to foster the City’s ability to attract sources of economic development and growth, the signs are not distracting, and the signs are conditioned to reflect quality sign design standards. 4. The opportunity to combine signs for more than one (1) use on a single sign structure has been considered; and, Fact. Signs are proposed facing parking lots and street frontages for each tenant. Monument signs are proposed in front of each separate building. 5. For freeway-oriented signs, the sign area and height are the minimum needed to achieve adequate visibility along the freeway due to highway ramp locations and grade differences; and, Fact. The existing freeway pole sign will be utilized. The size is not proposed to be increased. 6. The signs conform with all other applicable codes and ordinances of the City, including, but not limited to, the Zoning Ordinance, the General Plan, and the Appearance Review Guidelines. 21 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Fact. The proposed signs comply with all other requirements. SECTION 5. Findings for Approval of Tree Removal. The Planning Commission recommends the City Council finds as follows: 1. The trees are 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:  Early consultation with the City;  Consideration of practical design alternatives;  Provision of cost comparisons (from applicant) for practical design alternatives;  If saving tree eliminates all reasonable uses of the property; or  If saving the tree requires the removal of more desirable trees. Fact. The applicant has consulted with City staff and the DRC in designing the site layout for the project. The applicant has considered multiple design alternatives. The subject native tree being proposed for removal has poor trunk and branch structure and will be replaced with new street trees which will provide greater benefit. SECTION 6. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 17, 2017 resolved to approve the Conditional Use Permit subject to the following: 1. EXHIBIT A: Notice of Exemption 2. EXHIBIT B: Conditions of Approval 3. EXHIBIT C: Site Plan / Landscape Plan 4. EXHIBIT D: Elevations 22 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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 ______________________________ Duane Anderson Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 23 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT A: Notice of Exemption PLN 2017-1651 CITY OF ATASCADERO NOTICE OF EXEMPTION 6500 Palma Avenue Atascadero, CA 93422 805.461.5000 TO: File Date Adopted: October 17, 2017 FROM: Callie Taylor, Senior Planner City of Atascadero Community Development Department 6500 Palma Avenue Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152.1 of the Public Resources Code. Project Title: PLN 2017-1651 – Drive-through restaurant at 7300 El Camino Real Representative: Pamela Jardini, 1360 New Wine Place, Templeton, CA 93465 Project Owner: Dynamic Investments, LLC, 1725 21st Street, Santa Monica, CA 90404 Project Location: 7300 El Camino Real, Atascadero, CA 93422 (San Luis Obispo County, 030-222-048) Project Description: The proposed project includes construction of a 2,520 sq. ft. drive-through restaurant with outdoor patio area. The existing building (vacant Coco’s Restaurant) would be demolished. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Dynamic Investments, LLC Exempt Status: Ministerial (Sec. 15073) Emergency Project (Sec. 1507 (b) and (c)) Declared Emergency (Sec. 15061 (a)) General Rule Exemption (Sec. 15061.c) Categorically Exempt (Sec. 15301-15333): 15303 Reasons why project is exempt: Class 3 Categorical Exemption to the California Environmental Quality Act (CEQA Section 15303) exempts new construction or conversion of small structures. The project includes less than 10,000 square feet of commercial floor area in an urbanized area. The site is zoned for the proposed use. The surrounding area is not environmentally sensitive, and includes urban uses without valuable habitat for threatened species. The project will not result in significant impacts to traffic, noise, air quality or water quality. The project will be served by existing roads, utilities, and all necessary public services and facilities. Contact Person: Callie Taylor, Senior Planner, ctaylor@atascadero.org, (805) 470-3448 Date: October 17, 2017 ________________________________ Callie Taylor, Senior Planner Project Area 24 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT B: Conditions of Approval PLN 2017-1651 Conditions of Approval Conditional Use Permit CUP 2017-0315 Drive-through Restaurant 7300 El Camino Real 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 1. Conditional Use Permit 2017-0315 shall be for a drive-through restaurant as described in attached Exhibits C and D, located at 7300 El Camino Real (APN 030-222-048), 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 this time period, the approval shall expire and become null and void unless the project has received a building permit or a time extension. BP PS 5. The owner and 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 Planning Services 6. A bicycle rack shall be provided near the entrance to each of the buildings on the subject site. BP PS 7. One native oak tree located at the front of the parcel, approximately 9 -inches in diameter, is approved for removal upon issuance of building/grading permits for the drive-through restaurant. The tree removal shall be mitigated in accordance with the Atascadero Tree Ordinance and Native Tree Guidelines by replanting native trees, making appropriate payment to the tree mitigation fund, or a combination thereof. BP PS 8. The owner shall provide landscaping in areas shown in Exhibit C, including shade trees in the parking area, street trees on El Camino Real, and landscape along the Highway 101 and side property line setbacks. Two additional trees shall be added to the rear parking row landscape planter to conform with Municipal Code requirements for shade trees throughout the parking lot. At the time of application for building permits, the applicant shall provide a landscaping and irrigation plan in conformance with the City Water Efficient Landscape Ordinance to be approved by Planning Services staff. BP PS 25 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 9. New lighting shall conform to the standards of Atascadero Municipal Code 9- 4.137 for exterior lighting. All pole lighting shall be shielded from neighboring properties and buildings. BP PS 10. Elevations shall incorporate high quality materials and shall be consistent with the colors and design shown in Exhibit D. Stucco shall have a smooth finish. Construction details for the front patio trellis shall be submitted with Building Permits and shall identify beams and columns of appropriate size and material to compliment the building architecture and enhance the front of the building, subject to staff approval. BP PS 11. The final front patio design shall be reviewed and approved by the Community Development Department upon Building Permit submittal, and shall include dining features and aesthetics to create a quality outdoor dining atmosphere. Patio shall include movable tables and chairs. Separation between patio seating and driveways/streets shall be provided with landscape planters and/or low decorative walls or railings, subject to staff approval. BP/Ongoing PS 12. Vines shall be planted in large free-standing containers throughout the front patio and attached to the overhead trellis structure. BP PS 13. Storefront doors and windows shall be black or dark bronze in color. BP PS 14. Awnings on the building shall be constructed of high quality material, such as canvas (not vinyl.) BP PS 15. The following sign exceptions and allowances shall be included with this Conditional Use Permit: a) One freeway facing wall sign may be permitted on each building (one for the medical office and one for the restaurant.) Building-mounted freeway oriented signs shall be allowed with a maximum area of forty (40) square feet each with a maximum letter height of fourteen (14) inches. Freeway wall signs shall be constructed of individual three-dimensional letters or logos. Rectangular box or cabinet signs shall not be allowed along the Highway 101 frontage. Signs may be internally illuminated pan channel letters or externally lit individual letters. b) A freestanding Highway 101 pole or pylon sign shall be allowed for the restaurant use. The size of the sign shall not exceed the dimensions of the existing freeway pole sign currently located on site. c) Two ground mounted monument signs may be permitted on the subject site facing El Camino Real. The signs shall be located in front of each building; the applicant shall maximize the distance between the signs to the extent feasible. The medical office monument sign shall be located further to the northwest on the other side of the drainage basin, away from the driveway entrance. Monument signs shall comply with the Sign Ordinance requirements. The base of the signs shall have decorative hardscaping and shall be consistent with the architecture of the building it serves. Bases shall be located in a landscape planter. Cabinet type signs shall be prohibited as monument signs. Monument signs shall not be located in the line-of-sight at driveway entrances and exits. d) The restaurant use shall be permitted to include up to 135 sq. ft. of wall signs and up to 30 sq. ft. of sign face on each side of the El Camino Real monument sign, in addition to the Highway 101 freestanding pole sign. BP PS 26 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero e) All signs shall be made of high quality materials and shall conform with the Atascadero Sign Ordinance for location, sign type, and other signage standards not specifically identified by Conditions of Approval of this CUP. 27 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 16. Approval of this CUP includes an allowance for a 20% shared parking reduction for the medical office and restaurant uses on the subject site. Total parking calculated for the stand alone uses as required by the Atascadero Municipal Code may be reduced by 20%, provided that, at minimum, on-site parking provided meets the full requirements of the single most intensive use on site. BP PS 17. All mechanical equipment on site shall be screened, including all ground and roof mounted equipment, air conditioners, transformers, etc. BP PS 18. The trash enclosure shall be constructed of split face block or stucco exterior finish (or similar to match building architecture.) Trash enclosure shall incorporate solid metal doors, painted to match building. Enclosure shall be sized to accommodate both trash and recycling containers. The trash enclosure size, design, and location shall be approved by Atascadero Waste Alternatives prior to building permit submittal. AWA to confirm trash enclosure specifications are adequate for access for trash collection. BP PS 19. All utilities on site shall be installed underground. BP PS Building Services 20. New buildings shall conform to all Building Code requirements including permitting, room sizes, restrooms, exiting, path of travel, etc. Inclusion of the site plan with this Conditional Use Permit does not provide relief from standard Building Codes in place at the time of submittal of building permits. The owner or applicant shall obtain a building permit prior to beginning any demolition or construction work on site. BP BS Public Works 21. A Storm Water Control Plan (SWCP) must be completed and filed with the City in accordance with State regulations (Regional Water Quality Control Board Res. No. R3-2013-0032). The SWCP shall be completed using the City standard form available from the Building Permit Counter. BP PW Fire Department 22. New facilities shall conform to all Fire Code and City Fire Department Policy requirements including, but not limited to, driveway slope and length, fire truck access, location of fire hydrants, and fire sprinklers. BP FD 28 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT C: Site Plan / Landscape Plan PLN 2017-1651 Medical office monument sign to be located further northwest on other side of drainage basin 2 trees shall be added to parking row at back of site 29 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT D: Elevations PLN 2017-1651 30 ITEM 2 | 10/17/2017 DRIVE-THROUGH RESTAURANT, 7300 EL CAMINO REAL PLN 2017-1651 / Dynamic Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT D: Elevations PLN 2017-1651 31 ITEM 3 | 10/17/2017 Social Service Use Permit PLN 2017-1655 / Seneca ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 | (805) 461-7612 Atascadero Planning Commission Staff Report – Community Development Department PLN 2017-1655 Seneca Social and Service Organization Use Permit RECOMMENDATION: Staff recommends: Planning Commission adopt PC Resolution 2017-A approving a Conditional Use Permit for a social service use, offices, childcare services, educational training, and residential uses on three (3) parcels zoned Multi-family Residential and Commercial Retail, based on findings and subject to Conditions of Approval. Project Info In-Brief: PROJECT ADDRESS 6850 Morro Road, 6925 & 6907 Atascadero Ave. Atascadero, CA APN 030-282-018, 032, & 043 PROJECT PLANNER Callie Taylor Senior Planner 470-3448 ctaylor@atascadero.org APPLICANT Pamela Jardini, Planning Solutions PROPERTY OWNER Seneca Family of Agencies GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE General Commercial (GC) and High Density Residential (HDR) Commercial Retail (CR)/ PD3 and Residential Multi-Family (RMF-20) 1.11 acres Former library; Social Service tenant improvements under construction Social and Service Organization and related activities on all 3 parcels ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☒ Categorical Exemption CEQA – Guidelines Section 15301___ ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 32 ITEM 3 | 10/17/2017 Social Service Use Permit PLN 2017-1655 / Seneca Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial / Surrounding North: South: East: West: CP & RMF-20 CR & CP CR, Morro Rd. RMF-20, Atascadero Ave. Background: The subject site is the location of the former Atascadero library and library offices. In 2014 the library moved to its new location on Capistrano Ave nue. The County of San Luis Obispo processed a Zone Change and General Plan Amendment application to change the site from Public zoning to a combination of RMF-20 and Commercial Retail. The County anticipated that this would help facilitate the sale of the property and enable a commercial use to locate in the old library building, and future multi -family residential to be constructed on the lot to the north where the converted residence and library offices were located. Seneca Family of Agencies purchased the property in 2015 and has been working on interior improvements to remodel the building for a social service and office use. Due to the mixed zoning of the three (3) underlying lots as Residential Multi-family and Commercial Retail, a CUP is required in order to utilize all three parcels for the proposed combination of uses as intended by Seneca. Summary: The application includes a CUP for a community-based social service use, offices, childcare services, educational training, and residential uses. The two (2) existing CP CP CR RMF 33 ITEM 3 | 10/17/2017 Social Service Use Permit PLN 2017-1655 / Seneca Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero buildings on site would be utilized for the proposed uses and an outdoor play area would be installed for the clients. The use would span three (3) separate parcels, which are zoned Commercial Retail (CR) and Residential Multi-Family (RMF-20). Analysis: Due to the mixed zoning of the three subject sites as Residential Multi-family and Commercial Retail, as well as the unique business model and mix of services which Seneca provides, a Conditional Use Permit is required in order for the applicant to utilize the sites as proposed. Seneca’s business model incorporates many different services, including offices, social services, child advocacy, children’s clinic, educational training, and emergency foster care. Seneca has 14-16 staff on site daily, Monday through Friday. Approximately 12 clients are served daily, with approximately 60 clients weekly at this site. The business is proposed to operate within the two (2) existing buildings located on the subject properties. A play area is proposed to be installed behind the main building for use by the clients (play area to be located on APN 030-282-018). The applicant has provided a complete project description and list of activities related to the proposed bus iness (see attached draft resolution, Exhibit C.) The Atascadero Zoning Ordinance includes various land use definitions and identifies uses as either allowed or conditionally allowed in each zoning district. The Ordinance does not include one exact land use definition that fully encompasses the unique combination of social service uses which Seneca provides; however, there are a combination of several different land use definition s which apply to the operations proposed for the subject sites, including:  Social and Service Organization  Offices  Childcare Center / School  Residential These uses are identified as either allowed or conditionally allowed uses in the RMF -20 and/or CR zoning districts. Seneca is currently constructing tenant improvements within the old library building for the allowed office and social service uses on the Commercial Retail site. In order to construct the proposed children’s play area on the multi-family site at APN 030-282-018, and to better facilitate the combination of uses identified in the project description throughout the sites owned by Seneca, a CUP is being processed to allow this unique combination of uses on the 3 subject sites with Planning Commission approval. Sufficient parking is located on the subject sites to serve the uses proposed. The building exterior will be painted and landscape will be reinstalled prior to opening of the new business. A fence may be installed between the subject site and adjacent gas 34 ITEM 3 | 10/17/2017 Social Service Use Permit PLN 2017-1655 / Seneca Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero station to the south. New signage shall comply with the Atascadero Municipal Code, and will include wall sign(s) and a monument sign. ENVIRONMENTAL DETERMINATION: Categorical Exemption The proposed project is Categorically Exempt (Class 1) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.). CEQA Guidelines Section 15301 exempts projects located within existing facilities and consisting of only minor alterations to the existing structures. FINDINGS: To approve Conditional Use Permit 2017 -0314, the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached resolution (Attachment 3). Conditional Use Permit (AMC Section 9-2.110(b).(3).(iv) 1. The proposed project or use is consistent with the General Plan ; and 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance; and, 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; and, 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. 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. 35 ITEM 3 | 10/17/2017 Social Service Use Permit PLN 2017-1655 / Seneca Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero RECOMMENDATION: Staff recommends the Planning Commission adopt PC Resolution 2017 -A approving a Conditional Use Permit for a social service use, offices, childcare services, educational training, and residential uses on three (3) parcels zoned Multi -family Residential and Commercial Retail, based on findings and subject to Conditions of Approval. ALTERNATIVES: 1. The Planning Commission may include modif ications to the project and/or Conditions of Approval for the project. Any proposed modifications, including Conditions of Approval, should be clearly re-stated in any vote on any of the attached resolutions. 2. The Planning 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. A motion, and approval of that motion, is required to continue the item to a future date. 3. The Planning Commission may deny the project. The Commission must specify what findings cannot be made, and provide a brief oral statement based on the Staff Report, oral testimony, site visit, correspondence, or any other rationale introduced and deliberated by the Planning Commission. ATTACHMENTS: 1. Site Aerial 2. Site Photographs 3. Draft Resolution PC 2017-A 36 ITEM 3 | 10/17/2017 Social Service Use Permit PLN 2017-1655 / Seneca Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Site Aerial PLN 2017-1655 Future play area for clients Main social service office Existing office (converted residence) Potential future residential use / foster care Existing parking lots 37 ITEM 3 | 10/17/2017 Social Service Use Permit PLN 2017-1655 / Seneca Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Site Photographs PLN 2017-1655 Main building and parking lot 38 ITEM 3 | 10/17/2017 Social Service Use Permit PLN 2017-1655 / Seneca Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Existing office building located on Atascadero Avenue, included in CUP for proposed use Location of proposed play area / playground behind building, for use by Seneca clients 39 ITEM 3 | 10/17/2017 Social Service Use Permit PLN 2017-1655 / Seneca Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 3: Draft Resolution PC 2017-A PLN 2017-1655 DRAFT PC RESOLUTION 2017-A CONDITIONAL USE PERMIT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A COMBINATION OF SOCIAL SERVICE USES, OFFICES, CHILDCARE SERVICES, EDUCATIONAL TRAINING, AND RESIDENTIAL USES IN THE MULTI- FAMILY RESIDENTIAL AND COMMERCIAL RETAIL ZONES APN 030-282-018, 032, 043 SENECA FAMILY OF AGENCIES 6850 MORRO ROAD, 6925 AND 6907 ATASCADERO AVE. WHEREAS, an application has been received from Seneca Family of Agencies, 8750 Mountain Blvd., Oakland, CA 94605 (Owner), and Pamela Jardini of Planning Solutions, 1360 New Wine Place, Templeton, CA 93465 (Representative) to consider Planning Application PLN 2017-1655, for a project consisting of a Conditional Use Permit (CUP 2017-0314) to allow a combination of uses including social service uses, offices, childcare services, educational training, and residential uses on three (3) parcels totaling 1.11 acres located at 6850 Morro Road, 6925 and 6907 Atascadero Ave, Atascadero, CA 93422 (APN 030-282-018, 032, 043); and, WHEREAS, the site’s current General Plan Land Use Designation is General Commercial (GC) and High Density Residential (HDR); and, WHEREAS, the site’s current Zoning District is Commercial Retail with a Planned Development #3 overlay (CR / PD3) and Residential Multi-Family (RMF-20); and, WHEREAS, establishing the proposed uses on the subject sites requires the adoption of a Conditional Use Permit; and, WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA Guidelines Section 15301 for minor alterations to existing facilities; 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, 40 ITEM 3 | 10/17/2017 Social Service Use Permit PLN 2017-1655 / Seneca Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on October 17, 2017, studied and considered PLN 2017-1655; and, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero makes the following findings, determinations and recommendations with respect to the proposed Conditional Use Permit: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project is Categorically Exempt (Class 1) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15301, for minor alterations to existing facilities. A notice of determination is included as Exhibit A. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan; and, Fact. The project is consistent with the Land Use, Open Space and Circulation (LOC) Policies and Programs 1.1 for guiding new development into the urban core; 1.1.7 for infill development; 13.1 for convenient location of services; and 15.1 for directing growth to an area with existing City services. The project is consistent with Circulation Element (CIR) Policies and Programs 1.3.3 for locating on an arterial with minimal driveways; 1.5.1 for requiring adequate off -street parking; 1.5.3 for landscaping, lighting, screening and shade trees in the parking lot; 2.2.2 for providing bicycle parking; and 2.3.1 for providing adequate sidewalks. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance; and, Fact. The proposed combination of uses, including social services, offices, childcare, and residential uses, can be permitted within the RMF and/or CR zones as either allowed or conditionally allowed uses. With approval of the proposed use permit, the applicant will be able to utilize the three subject sites at APN 030-282-018, 032, 043 for the combination of uses as proposed. The existing and proposed structures, uses, and site plan are consistent with the applicable provisions of the Atascadero Municipal Code with the approval of the subject entitlement. 41 ITEM 3 | 10/17/2017 Social Service Use Permit PLN 2017-1655 / Seneca Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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; and, Fact. The proposed combination of social services, offices, childcare, and residential uses will not be detrimental to the public health, safety, or welfare, or be detrimental or injurious to property or improvements in the vicinity of the use. The proposal is consistent with surrounding land uses and development. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, Fact. The proposed combination of social services, offices, childcare, and residential uses will be consistent with the surrounding multi-family and commercial land uses and the general character of the neighborhood. Residential uses are located along Atascadero Avenue. Commercial and office uses, including similar social services, are located along Morro Road. 5. 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. Fact. The subject site takes access off a major arterial (Highway 41/Morro Road) which is sized to accommodate the amount of traffic generated by the proposed uses. The project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 17, 2017 resolved to approve the Conditional Use Permit subject to the following: 1. EXHIBIT A: Notice of Exemption 2. EXHIBIT B: Conditions of Approval 3. EXHIBIT C: Project Description 4. EXHIBIT D: Site Plan 5. EXHIBIT E: Floor Plan (Main Building) 42 ITEM 3 | 10/17/2017 Social Service Use Permit PLN 2017-1655 / Seneca Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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 ______________________________ Duane Anderson Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 43 ITEM 3 | 10/17/2017 Social Service Use Permit PLN 2017-1655 / Seneca Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT A: Notice of Exemption PLN 2017-1651 CITY OF ATASCADERO NOTICE OF EXEMPTION 6500 Palma Avenue Atascadero, CA 93422 805.461.5000 TO: File Date Adopted: October 17, 2017 FROM: Callie Taylor, Senior Planner City of Atascadero Community Development Department 6500 Palma Avenue Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152.1 of the Public Resources Code. Project Title: PLN 2017-1655 – Seneca Conditional Use Permit Representative: Pamela Jardini, 1360 New Wine Place, Templeton, CA 93465 Project Owner: Seneca Family of Agencies, 8750 Mountain Blvd., Oakland, CA 94605 Project Location: 6850 Morro Road, 6925 and 6907 Atascadero Ave, Atascadero, CA 93422 (San Luis Obispo County, 030-282-018, 032, 043) Project Description: The application includes a combination of social service uses, offices, childcare services, educational training, and residential uses. The two (2) existing buildings on site would be utilized and an outdoor play area would be installed for the clients. The uses would span three (3) separate parcels, which are zoned Commercial Retail (CR) and Residential Multi-Family (RMF-20). Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Seneca Family of Agencies Exempt Status: Ministerial (Sec. 15073) Emergency Project (Sec. 1507 (b) and (c)) Declared Emergency (Sec. 15061 (a)) General Rule Exemption (Sec. 15061.c) Categorically Exempt (Sec. 15301-15333): 15301 Reasons why project is exempt: Class 1 Categorical Exemption to the California Environmental Quality Act (CEQA Section 15301) exempts minor alterations to existing facilities. Contact Person: Callie Taylor, Senior Planner, ctaylor@atascadero.org, (805) 470-3448 Date: October 17, 2017 ________________________________ Callie Taylor, Senior Planner Project Area 44 ITEM 3 | 10/17/2017 Social Service Use Permit PLN 2017-1655 / Seneca Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT B: Conditions of Approval PLN 2017-1655 Conditions of Approval Conditional Use Permit - CUP 2017-0314 Seneca Use Permit 6850 Morro Road, 6925 and 6907 Atascadero Ave 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 1. Conditional Use Permit 2017-0314 shall allow the proposed combination of social service uses, offices, childcare services, educational training, and residential uses as identified in the project description and site plan included in attached Exhibits C and D, located at 6850 Morro Road and 6925 and 6907 Atascadero Avenue (APN 030-282-018, 032, 043 ), regardless of owner. If the use is significantly modified or the business changes to no longer be in substantial conformance with the approved Conditional Use Permit description, then the use permit shall expire. 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 this time period, the approval shall expire and become null and void unless the project has received a building permit or business license, or a CUP time extension. BP/BL PS 5. The owner and 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 Planning Services 6. A solid wall or fence shall be maintained along the northern property line of APN 030-282-018 in order to separate the adjacent multi-family residential uses from the social service business use which is being permitted with this CUP at APN 030-282-018, 032, 043. BP/Ongoing PS 7. Prior to final occupancy, the site landscape and irrigation shall be improved and returned to good condition. Any dead plants or bare landscape areas which are visible from the public right-of-way shall be replanted. Any new landscape installed on site shall comply with the requirements of the City’s Water Efficient Landscape Ordinance. BP/Ongoing PS 8. New lighting shall conform to the standards of Atascadero Municipal Code 9- 4.137 for exterior lighting. All lighting shall be shielded from neighboring properties and buildings to prevent glare. BP/Ongoing PS 45 ITEM 3 | 10/17/2017 Social Service Use Permit PLN 2017-1655 / Seneca Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 9. A playground/play area shall be permitted to be located within the project area for use by the clients of the facility. The playground is not a required site amenity, but can be installed if desired by the applicant. BP/Ongoing PS 10. All mechanical equipment on site shall be screened, including all ground and roof mounted equipment, air conditioners, transformers, etc. BP/Ongoing PS 11. The trash enclosure onsite shall be maintained and shall house all waste collection and dumpsters waiting for pick up, including both trash and recycling containers. BP/Ongoing PS 12. Any of the buildings on the three subject sites may be utilized for the uses described in Seneca’s project description (Exhibit C) provided that all Building and Fire codes are met and permits are obtained for any change of use or change of occupancy. BP/Ongoing PS Building Services 13. New uses and tenant improvements shall conform to all Building Code requirements including permitting, room sizes, restrooms, exiting, path of travel, etc. Inclusion of the site plan and floor plan with this Conditional Use Permit does not provide relief from standard Building Codes in place at the time of submittal of building permits. The owner or applicant shall obtain a Building Permit prior to beginning any demolition or construction work on site. BP/Ongoing BS Fire Department 14. Facilities shall conform to all Fire Code and City Fire Department Policy requirements including, but not limited to, driveway slope and length, fire truck access, location of fire hydrants, and fire sprinklers. BP FD 46 ITEM 3 | 10/17/2017 Social Service Use Permit PLN 2017-1655 / Seneca Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT C: Project Description PLN 2017-1655 47 ITEM 3 | 10/17/2017 Social Service Use Permit PLN 2017-1655 / Seneca Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT C: Project Description PLN 2017-1655 48 ITEM 3 | 10/17/2017 Social Service Use Permit PLN 2017-1655 / Seneca Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT D: Site Plan PLN 2017-1655 Existing office building for use by Seneca as identified in project description. Can be used for residential purposes if conforms to building and fire codes Future playground or play area for use by Seneca clients Existing office building for use by Seneca as identified in project description 49 ITEM 3 | 10/17/2017 Social Service Use Permit PLN 2017-1655 / Seneca Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT E: Floor Plan (Main Building - For reference only) PLN 2017-1655 For reference only. Interior office layout is not required to maintain the configuration shown within this resolution of approval, provided that uses maintain consistency with CUP description and all building, fire and application zoning requirements are met 50 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Atascadero Planning Commission Staff Report – Community Development Department PLN 2017-1658 7735 El Camino Real Mixed-Use RECOMMENDATION(S): Planning Commission adopt PC Resolution 2017-A, approving a Conditional Use Permit to allow for an upstairs residence in a converted historic colony home. Project Info In-Brief: PROJECT ADDRESS: 7735 El Camino Real Atascadero, CA APN 030-132-024 PROJECT PLANNER Alfredo R. Castillo, AICP 470-3436 acastillo@atascadero.org APPLICANT Stephen Wagner, 3305 Colima Road, Atascadero, CA 93422 PROPERTY OWNER Stephen Wagner, 3305 Colima Road, Atascadero, CA 93422 GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE General Commercial (GC) Commercial Professional (CP) 9,148 sf Previous Office use (Vacant) 1st Floor office / 2nd floor residence ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☒ Categorical Exemption CEQA – Guidelines Section 15301 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 51 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial / Surrounding North: South: East: West: Office/retail uses Commercial Professional (CP) Office ; Commercial Professional (CP) Residence; Residential Multi-Family (RMF-10) El Camino Real ROW Background: The proposed project consists of conversion of the upstairs floor space, previously utilized as offices for personal services, and other professional type uses, into a residential unit within a designated historic colony house. The house was constructed in June of 1915 and is still, from the exterior, an excellent example of the City’s Colony Houses that were constructed during the colony period. This house is included on a list of Colony Homes recognized by the Atascadero Historical Society and would quali fy as historic resource in consideration of the California Environmental Quality Act (CEQA). Summary: The proposed project consists of a first floor office tenant improvement and conversion of previous 2nd floor office uses into a 691 square foot residential unit. Multi-family dwellings, such as the proposed apartment, are allowed with a Conditional Use Permit, if they are located on the 2nd floor or above, or within a building of historical significance. The proposed project includes an apartment on the 2 nd floor within a designated colony house. The applicant is proposing minor exterior improvements that will give the 2 nd 52 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero floor residence the ability to install ingress/egress windows, but will not jeopardize the overall character of the building. Analysis: The owner is proposing to convert previous offices on the 2nd floor to residential uses in a historic colony home. The colony home was built in 1915 with the exterior remaining in relatively good condition. The owner is proposing improvements to the exterior of the property and building including the following:  Accessibility upgrades including a compliant path of travel;  Landscaping upgrades;  Minor upgrades to 2nd story roof line to allow for more space in the proposed 2nd floor apartment;  Removal of windows;  New access door for 2nd floor apartment;  New landing to access the upstairs apartment; and  New walkway that adjoins El Camino Real. Screening of mechanical equipment and trash enclosure The Atascadero Municipal Code Section 9-4.128(a)(1) requires that mechanical equipment, trash enclosures, and commercial uses require screening with appropriately designed fencing, landscaping or other site features. The existing fencing onsite is deteriorated and does not adequately screen mechanical equipment, or the location of a proposed trash enclosure that would be visible from El Camino Real. The owner is proposing the use of a 5’ foot block wall to screen these features. To maintain consistency with the existing colony house, Staff is recommending that the block wall be eliminated and replaced with decorative wood fence with a height of six feet (6) or masonry wall clad in materials such as brick or plaster , with colors painted consistent or complimentary with the existing colony home. Conditions have been added to ensure consistency with screening requirements of the AMC. Trees The applicant is proposing to remove a 10-inch eucalyptus tree, which is a non-native tree. Additional landscaping will be completed. Plant selection will need to conform to the State’s water-efficient landscaping standard, as well as, ensure plantings within the dripline of the remaining eucalyptus tree has been carefully selected to ensure survival. Exterior improvements In order to maintain the historic integrity of the building, ingress/egress windows will be required to be “double hung” windows that are wood or clad in wood, which is consistent with the character of the time period. Additionally, new siding must closely match the existing siding on the extended living area. Staff is also suggesting project conditions to require the new landing to utilize appropriate color and materials and the new door for the apartment be an architectural grade door, with windows and other ornate details of the time period. 53 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Interior improvements include removal of the stairway access from the 1st floor, and other minor tenant improvements. The 2nd floor improvements include the new landing and entry area, new bedroom, kitchen, dining and living space. These minor improvements will not affect the integrity of the building. Conclusion: The proposed use maintains the integrity of the historic colony home, while making minor modifications to the exterior of the building, especially at the rear elevation to allow of an ingress / egress window for the 2nd floor proposed apartment. The owner proposes additional upgrades to the exterior for accessibility purposes. The building has sat vacant and the owner is ready to proceed with tenant improvements. Staff has included conditions in Attachment 3 to ensure the house maintains its historic integrity, while being re-purposed for both office and residential uses. ENVIRONMENTAL DETERMINATION: With staff proposed conditions to utilize exterior building treatment that is consistent with the Secretary of Interior Standards for the treatment of a historic building, the proposed project is Categorically Exempt (Class 1) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Re gulations §§ 15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15301, because the proposed project includes minor alterations to an existing structure that involves negligible expansion of an existing use (office), as well as the addition of a residential space that is in an urban area as defined by section 15301(e)(2)(A) and (B). This exemption is included in Attachment 3. FINDINGS: To approve a Conditional Use Permit (CUP), the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached draft PC Resolution A. Conditional Use Permit (AMC Section 9-2.110(b).(3).(iv) 1. The proposed project or use is consistent with the General Plan . 2. The proposed project or use satisfies all applicable provisions of this title. 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. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 54 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 5. 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. ALTERNATIVES: 1. The Planning Commission may include modifications to the project and/or conditions of approval for the project. Any proposed modifications including conditions of approval, should be clearly re-stated in any vote on any of the attached resolutions. 2. The Planning 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. A motion, and approval of that motion, is required to continue the item to a future date. 3. The Planning Commission may deny the project. The Commission must specify what findings cannot be made, and provide a brief oral statement, based on the Staff Report, oral testimony, site visit, correspondence, or any other rational introduced and deliberated by the Planning Commission. ATTACHMENTS: 1. Project Review / Environmental 2. Site Photos 3. Draft Resolution PC 2017-A 55 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Project Review PLN 2017-1658 Existing & Surrounding Information Existing Uses: Professional Office Use Classification: Personal Service / Multi- Family Residential Allowed ☐ Conditional ☒ Surrounding Uses / Zoning District: North: Office/retail uses ; Commercial Professional (CP) South: Office ; Commercial Professional (CP) East: Residence; Residential Multi-Family (RMF-10) West: El Camino Real ROW Colony house(s) on property? Yes ☒ No ☐ Notes: Minor exterior changes to existing house including the addition of stairs Any existing structures 50 years or older? Yes ☒ No ☐ Notes: No proposed demolition of any existing structures. Basic Project Information Project Number: PLN 2017-1658 Planner: Alfredo R. Castillo, AICP Project Address: 7735 El Camino Real APN: 030-132-024 City: Atascadero County: San Luis Obispo Site Area: 0.21 acres General Plan Designation: General Commercial (GC) Zoning District: Commercial Park (CP) Project Description: Proposed interior improvements, exterior improvements that include additional ADA site improvements, and the addition of an upstairs residential unit in an existing colony house. 56 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Does the site contain any jurisdictional waters? (blue line creeks, wetlands, etc.) ☐ Atascadero Creek ☐ Graves Creek ☐ Paloma Creek ☐ Boulder Creek ☐ Other _________________________ ☒ N/A Zoning Ordinance / Municipal Code Standards: Does the proposed project exceed the maximum density allowed in the existing/proposed zoning district? Yes ☐ No ☒ Calculate density: 4 du/max; proposed 1 du What is the total non-residential square foot (sf) and Floor Area Ratio? ☐N/A Total Square Foot: 1,232 sf FAR: 0.13 Does the proposed project meet setback standards? (AMC 9-4) ☐N/A Yes ☒ No ☐ If no explain: Does the proposed project meet maximum height standards? (AMC 9-4) ☐N/A Yes ☒ No ☐ If no explain: If the proposed project requires fencing, does it meet standards? (AMC 9-4) ☐N/A Yes ☐ No ☒ No fencing exists for HVAC, inconsistent with 9-4.128 (a)(1)(ii). Existing Fencing needs replacement for consistency with section 9-4.128(a)(4)(i). Fencing needs to meet 9-4.129(b). If the proposed project requires landscaping, does it meet standards? (AMC 9-4 / AMC 8-10) ☐N/A Yes ☐ No ☒ Additional landscaping will be required to meet section 9-4.127(a). Project will need to be conditioned to meet this requirement. If the proposed project includes a parking requirement, does it meet standards? (AMC 9-4) ☐N/A Yes ☒ No ☐ Parking Required: 6 Parking Provided: 6 If no explain: If the proposed project includes lighting, does it meet standards? (AMC 9-4) ☐N/A Yes ☒ No ☐ If no explain: 57 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Does the proposed project meet established standards for uses listed in AMC 9-6, if applicable? ☒N/A Yes ☐ No ☐ If no explain: Does the proposed project need any other exceptions to the City Zoning Ordinance? Yes ☐ No ☒ If yes explain: Environmental Information Is the proposed project under the screening criteria for Project Air Quality Analysis by SLOAPCD? Yes ☒ No ☐ Notes: Based on aerial photography of the site, will the project have an effect on any riparian or sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? Yes ☐ No ☒ Notes: Is the proposed project located on or near a known historical or cultural resource (Use GIS internal mapping)? Yes ☐ No ☒ Notes: Does the site contain any evidence of past landslides, unstable soils or serpentine rock? Yes ☐ No ☒ Notes: Does the proposed project include more than 50 cubic yards of grading? Yes ☐ (requires grading plan) No ☒ Notes: Does the proposed project including grading on slopes greater than 10 percent? Yes ☐ No ☒ Notes: 58 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Does the new project include more than 2,500 square feet of new or replacement impervious surface? (required for RWQCB Post Stormwater Construction Regulations) Yes ☐ No ☒ Total amount of impervious surface ____________________________ Does the proposed project remove any native trees? (AMC 9-11) Yes ☐ No ☒ Number of Trees proposed to be removed: __________________ Total DBH proposed to be remove: ____________________________ Is the project located on a site included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 (Cortese List)? Yes ☐ No ☒ If Yes explain: Environmental Information Does the proposed project alter the existing drainage pattern of the site or alter a designated waters of the US? Yes ☐ No ☒ If Yes explain: Does the proposed project increase noise levels in excess of City Standards when the use is complete? Yes ☐ No ☒ If Yes explain: Does the proposed project increase temporary noise levels that cannot be mitigated by the City’s existing Noise Ordinance? Yes ☐ No ☒ If Yes explain: Does the proposed project require construction of new water and/wastewater treatment facilities? Yes ☐ No ☒ If Yes explain: 59 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Does the proposed project require the construction of new recreational facilities? Yes ☐ No ☒ If Yes explain: Does the proposed project decrease the established traffic Level of Service below Level “C” as contained in the General Plan? (Use ITE Trip Generation for review) Yes ☐ No ☒ Number of daily trips generated: 41 Daily Trips PM Peak: 4 If Yes explain: City Council Policy Is the project applicable to any of the following City Council policies? Inclusionary Housing ☐ Mixed-Use Processing ☐ Park / Creek Reservation ☐ Planned Development ☐ Prime Commercial Sites ☐ 60 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Site Photos PLN 2017-1658 61 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 62 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 3: Draft Resolution 2017-A PLN 2017-1658 DRAFT PC RESOLUTION 2017-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT 7735 EL CAMINO MIXED-USE WAGNER (PLN 2017-1658) WHEREAS, an application has been received from Stephen Wagner (3305 Colima Road, Atascadero, CA 93422) Owner and Applicant, to consider Planning Application PLN 2017-1658, for a project consisting of a conversion of a previous office use on the 2nd floor to a residential use within a historic colony home at 7735 El Camino Real, Atascadero, CA 93422 (APN 030-132-024); and WHEREAS, the site’s current General Plan Land Use Designation is General Commercial (GC); and WHEREAS, the site’s current Zoning District is Commercial Professional (CP); and WHEREAS, Title 9, Chapter 3, Article 3 of the Atascadero Municipal Code allows for residential multi-family units on the 2nd floor or above, or within designated colony homes with the approval of a Conditional Use Permit; and WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA Guidelines Section 15301: Existing Facilities; 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, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on October 17, 2017, studied and considered PLN 2017-1658, after studying and considering the proposed CEQA exemption prepared for the project, and NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Atascadero: SECTION 1. The Planning Commission makes the following findings, determinations and approvals with respect to the proposed Conditional Use Permit: 63 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero A. Findings for Approval of Conditional Use Permit: 1. FINDING: The proposed project or use is consistent with the General Plan. FACT: The proposed project is consistent with the intention of multi-family housing within certain commercial zones. Specifically, the proposed project implements General Plan Program 3.1.7, to conditionally allow mixed-use infill development in mid-block portions of General Commercial areas along El Camino Real. The proposed project is mid-block and will add to the City’s existing housing stock. 2. FINDING: The proposed project or use satisfies all applicable provisions of the Title 9 of the Atascadero Municipal Code. FACT: With added conditions to ensure landscaping, fencing, and trash enclosure screening, the proposed project will satisfy all applicable provisions of the Zoning Ordinance. 3. FINDING: 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. FACT: The proposed project will not be detrimental to the health, safety or welfare of the general public or persons residing or working in the vicinity as the proposed project includes residential use that is consistent with the City’s underlying zoning (CP), as well as consistent with the goals and policies of the City’s General Plan and Housing Element. Residential uses will not involve hazardous waste handling. 4. FINDING: The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. FACT: The proposed project includes minor modifications to an existing colony house. It will not change the character of the existing neighborhood. 5. FINDING: 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. FACT: The proposed project will generate a total of 41 daily trips and 4 PM peak trips. These trips will not trigger a drop in level in service (LOS) along El Camino 64 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Real, which is currently operating at or above a LOS C, consistent with the City’s General Plan. SECTION 2. Approval of Conditional Use Permit. The Planning Commission of the City of Atascadero, in a regular session assembled on October 17, 2017, resolved to approve the Conditional Use Permit subject to the following, on file in the Community Development Department of the City of Atascadero and incorporated herein by reference: 1. EXHIBIT A: CEQA Exemption 2. EXHIBIT B: Conditions of approval 3. EXHIBIT C: Site Plan 4. EXHIBIT D: Landscape Plan 5. EXHIBIT E: Elevations / Floor Plan 6. EXHIBIT F: Colors and Materials Board 65 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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 ______________________________ Duane Anderson Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 66 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT A: Draft Resolution 2017-A PLN 2017-1658 CITY OF ATASCADERO NOTICE OF EXEMPTION 6500 Palma Avenue Atascadero, CA 93422 805.461.5000 TO: File Date Received October 17, 2017 FROM: Alfredo Castillo, AICP, Associate Planner City of Atascadero, Community Development Department 6500 Palma Avenue Atascadero, CA 93422 SUBJECT: Filing of Notice of Exemption in Compliance with Section 15062, 21152, and 21152.1 of the Public Resources Code Project Title: PLN 2017-1658 Project Applicant: Stephen Wagner, 3305 Colima Road, Atascadero, CA 93422 Project Location: 7735 El Camino, Atascadero, CA 93422 Project Description: The proposed project consists of conversion of the upstairs floor space, previously utilized as offices for personal services, and other professional type uses, into a residential unit within a designated historic colony house Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Stephen Wagner Exempt Status: Ministerial (Sec. 15073) Emergency Project (Sec. 1507 (b) and (c)) Declared Emergency (Sec. 15061 (a)) General Rule Exemption (Sec. 15061.c) Categorically Exempt (Sec. 15301-15333) Statutory Exemption (Sec. 15260-15285) Reasons why project is exempt: Section 15301 of the California Environmental Quality Act (CEQA) because the proposed project includes the minor alteration of an existing structure that will have no expansion of the existing use. The minor alteration includes the change in pitch of roof, and minor interior tenants. Lead Agency Contact Person: Alfredo Castillo, AICP, Associate Planner Date Exemption Accepted: October 17, 2017 ________________________________ Alfredo Castillo, AICP Associate Planner 67 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT B: Draft Resolution 2017-A PLN 2017-1658 PLN 2017-1658 7735 El Camino Mixed-Use 7735 El Camino Real 030-132-024 The following conditions of approval apply to the project referenced above. The conditions of approval are grouped under specific headings that relate to the timing of required compliance. Additional language within a condition may further define the timing of the required compliance. A. The following conditions shall be satisfied prior to the issuance of the first of any DEMOLITION PERMIT, BUILDING PERMIT, SUBDIVISION IMPROVEMENT, or at the time as specified in the condition. 1. Prior to issuance of permits, tree protection fencing shall be in place consistent with the City’s Native Tree Ordinance. ☐ PLN 2. A landscaping plan shall be submitted with building permit submittal. Additional plantings of shrubs, at 5-gallon minimum, will be required within the front setback. ☐ PLN 3. All window replacements shall be “double hung” wood or wood clad windows of architectural grade, specified on all building plans. Vinyl double hung windows shall not be utilized. Submitted building plans must include a detail sheet calling out window details. ☐ PLN 4. Architectural grade exterior door shall be installed at the entry of the new apartment. Door shall include windows, and other similar transparent features to complement existing doors on-site. Submitted building plans must include a detail sheet calling out door details. ☐ PLN 5. Landscaping plan shall include trash enclosure details for a six (6) foot high, decorative wood fence to screen enclosure that surrounds the enclosure with a Wood gate. “Dog-eared” fences is not considered decorative. Enclosure shall include space for dedicated trash cans for both office and residential uses. ☐ PLN 6. Landscaping plan shall include landscaping and fence screening of the existing HVAC with a solid decorative fence with a maximum height of three (3) feet. ☐ PLN 7. Fencing shall be replaced, along the side and rear property lines with decorative wood fencing, maximum 6-feet in height. “Dog-eared” fences are not considered decorative fencing. As an option, a decorative concrete or brick wall designed for compatibility with the period of construction for the residence (circa 1915) may be allowed. ☐ PLN 8. Prior to issuance of building permits, Owner may enter into a “historic deed notification” in order to qualify for relief of certain building code requirements within the California Building Code (CBC). 68 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero B. The following conditions shall be met prior to the RELEASE OF UTILITIES, FINAL INSPECTION, OR ISSUANCE OF A CERTIFICATE of occupancy, whichever occurs first. 9. Proposed stairway shall be painted consistent with the color scheme approved with the building permit. ☐ PLN 10. Planning Final shall be required to ensure replaced wood siding is consistent with the existing colony house. 11. One (1) parking space shall be designated as “apartment parking only”. This shall be painted or signed appropriately. ☐ PLN 12. Existing cargo container on-site shall be removed prior to issuance of Final Occupancy. ☐ BLD C. The following conditions shall be complied with AT ALL TIMES that the use permitted by this Planning Application occupies the premise and shall be applied to the project in perpetuity until such time that the use is extinguished. 13. The entitlement described at the location per this resolution is determined to be vested with the property upon issuance of a building permit. ☐ PLN 14. Approval of this entitlement shall be final and effective consistent with Atascadero Municipal Code (AMC) section 9-1.111 seq. et. al. ☐ PLN 15. Project construction must be in accordance with provided Exhibit(s), adopted with this Resolution. Changes to architecture, landscaping design, and non- substantive subdivision design may be approved by the Design Review Committee (DRC). ☐ PLN 16. In accordance with the Atascadero Municipal Code section 9-8.105, any violation of any of the Conditions of Approval is unlawful and may be cause for revocation of this entitlement and subject the applicant and/or future property owners to the penalties set forth in the Atascadero Municipal Code, as well as any other available legal remedies. ☐ PLN 17. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of this approval, or in any way relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. ☐ CM 18. Should the described use be abandoned or extinguished, the property may be ☐ PLN 69 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero used and / or developed with any use allowed by the underlying zoning district. **End Conditions** ATTACHMENT C: Site Plan PLN 2017-1658 70 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT D: Landscape Plan PLN 2017-1658 71 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT E: Elevations / Floor Plan PLN 2017-1658 72 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT E: Elevations / Floor Plan PLN 2017-1658 73 ITEM 4 | 10/17/2017 7735 El Camino Mixed-Use PLN 2017-1658 / Wagner Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT F: Colors and Materials Board PLN 2017-1658 **See Project File for Color Chip** 74