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CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
REGULAR MEETING
Tuesday, June 19, 2018
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 Jerel Seay
Vice Chairperson Tom Zirk
Commissioner Duane Anderson
Commissioner Ryan Betz
Commissioner Mark Dariz
Commissioner Josh Donovan
Commissioner Jan Wolff
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 JUNE 5, 2018
PLANNING COMMISSION BUSINESS
City of Atascadero Planning Commission Agenda Regular Meeting, June 19, 2018
Page 2 of 4
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COMMUNITY DEVELOPMENT STAFF REPORTS
None
PUBLIC HEARINGS
DISCLOSURE OF EX PARTE COMMUNICATIONS:
Prior to a project hearing Planning Commission Members must disclose any communications they have had on any
quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances,
Conditional Use Permits, and Planned Development Permits . This does not disqualify the Planning Commission
Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on
the ex parte communication.
(For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open
the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public
will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the
record and can address the Commission for three minutes. After all public comments have been received, the public
hearing will be closed, and the Commission will discuss the item and take appropriate action(s).)
2. CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP AMENDMENT
FOR 9105 PRINCIPAL AVE.
3. CONDITIONAL USE PERMIT FOR 9002 W. FRONT ROAD
Property Owner: ECR Principal, LLC
Applicant: ARH Quiky Investments LLC
Project Title: PLN 2014-1519 Amendment (AMND 18-0053)
Project Location: 9105, 9107, 9109 Principal & 9300 Pino Solo
APN 030-491-001; 013; 019; 020
(San Luis Obispo County)
Project
Description:
Conditional Use Permit and Tentative Tract Amendment to modify the
Conditions of Approval, which require undergrounding of all utilities along
project frontages and on the project site. Some utilities are proposed to remain
above ground as shown in applicant’s proposed utility plan exhibit.
City Staff: Callie Taylor, Sr. Planner, ctaylor@atascadero.org, Phone: (805) 470-3448.
Proposed
Environmental
Determination:
The proposal is consistent with the Mitigated Negative Declaration certified for
the Principal Mixed-Use Development in 2014.
Recommendation: Planning Commission adopt PC Resolution 2018-A, approving the
Amendment.
Property Owner: Brett Marchi
Project Title: PLN 2017-1656 – Conditional Use Permit
Project Location: 9002 W. Front Road, Atascadero, CA
APN 056-131-022 (San Luis Obispo County)
Project The proposed project is a Conditional Use Permit for a new 2,800 square-foot
drive through coffee shop and associated site improvements. The proposed
City of Atascadero Planning Commission Agenda Regular Meeting, June 19, 2018
Page 3 of 4
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COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting on July 3, 2018, is cancelled. The next regular meeting will be
on July 17, 2018, 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.
Description: development will complete the West Front Village development.
City Staff: Kelly Gleason, Sr. Planner, kgleason@atascadero.org, Phone: (805) 470-
3446.
Proposed
Environmental
Determination:
The project may require amending the previously certified Mitigated Negative
Declaration for the West Front Village development based on potential traffic
impacts.
Recommendation: Planning Commission adopt PC Resolution 2018-A, approving Conditional Use
Permit.
City of Atascadero Planning Commission Agenda Regular Meeting, June 19, 2018
Page 4 of 4
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City of Atascadero
WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING
The Planning Commission meets in regular sessio n 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 an d 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 Comment 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 C ommunity 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 6/5/18
Page 1 of 5
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting – Tuesday, June 5, 2018 – 6:00 P.M.
City Hall Council Chambers
6500 Palma Avenue, Atascadero, California
CALL TO ORDER - 6:02 p.m.
Chairperson Seay called the meeting to order at 6:02 p.m. and Commissioner Wolff led
the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Anderson, Betz, Dariz, Wolff, Vice Chairperson Zirk
and Chairperson Seay
Absent: Commissioner Donovan (excused absence)
Others Present: Recording Secretary, Annette Manier
Staff Present: Community Development Director, Phil Dunsmore
Associate Planner, Katie Banister
APPROVAL OF AGENDA
MOTION: By Commissioner Anderson and seconded by
Commissioner Wolff to approve the Agenda.
Motion passed 6:0 by a roll-call vote.
PUBLIC COMMENT
None
Chairperson Seay closed the Public Comment period.
CONSENT CALENDAR
1. APPROVAL OF DRAFT MINUTES OF MAY 15, 2018
ITEM NUMBER: 1
DATE: 6-19-18
1
PC Draft Minutes of 6/5/18
Page 2 of 5
Commissioner Betz noted that he had not been at the May 15, 2018, meeting and would
be abstaining from voting.
MOTION: By Commissioner Wolff and seconded by
Commissioner Anderson to approve the Consent
Calendar.
Motion passed 5:0 by a roll-call vote. (Betz
abstained)
PLANNING COMMISSION BUSINESS
None
COMMUNITY DEVELOPMENT STAFF REPORTS
2. ANNUAL GENERAL PLAN UPDATE REPORT (CPP18-0061)
Community Development Director Dunsmore presented the staff report and
answered questions from the Commission.
The Commission received and filed this report.
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 publ ic
will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the
record and can address the Commission for three minutes. After all public comments have been received, the public
hearing will be closed, and the Commission will discuss the item and take appropriate action(s).)
3. CONDITIONAL USE PERMIT FOR 8030 EL CAMINO REAL
Property Owner: George Kartsioukas
Project Title: PLN 2018-1699 – Conditional Use Permit
Project Location: 8030 El Camino Real, Atascadero, CA
APN 056-031-043 (San Luis Obispo County)
Project
Description:
Conditional Use Permit to allow a mixed-use development including 2
residential units on the second floor of an existing building in the Commercial
Retail zoning district.
City Staff: Katie Banister, Associate Planner, kbanister@atascadero.org,
Phone: (805) 470-3480.
Proposed
Environmental
The project is categorically exempt from the California Environmental Quality
Act (CEQA) as a Class 1 Exemption for alteration of existing facilities (Section
2
PC Draft Minutes of 6/5/18
Page 3 of 5
EX PARTE COMMUNICATIONS
None
Associate Planner Banister presented the staff report and answered questions from the
Commission.
PUBLIC COMMENT
The following members of the public spoke during public comment: George Kartsioukas.
Mr. Kartsioukas explained his reasons for not wanting to put up solid fencing and
covered parking spaces, and asked if he could get any relief from the $11,000-$12,000
in development impact fees.
Chairperson Seay closed the Public Comment period.
Associate Planner Banister, Director Dunsmore and George Kartsioukas answered
additional questions from the Commission. It was noted that Condition 11 states that the
applicant can put in a solid wall fence or a metal picket fence, so that condition stands
as is. Condition 12 will remain as is because it is implied that shrubs or trees will grow
tall enough to screen the building.
MOTION: By Vice Chairperson Zirk and seconded by
Commissioner Dariz recommending the Planning
Commission adopt PC Resolution 2018-A,
approving PLN 2018-1699, a Conditional Use
Permit (CUP 2018-0326) to allow a residential
conversion of space to add an additional studio
apartment within an existing second-story
apartment, based on findings and subject to
Conditions of Approval, with revisions as follows:
Condition 8 shall be changed to allow 13
uncovered onsite parking spaces instead of 14
and adding a bike rack; Condition 9 (requiring a
covered parking space) will be eliminated.
Motion passed 6:0 by a roll-call vote.
4. ROAD ABANDONMENT FOR 5147, 5205 TRAFFIC W AY & 6155 VIA AVE.
Determination: 15301 of the CEQA Guidelines).
Recommendation: Planning Commission adopt PC Resolution 2018-A, approving Conditional Use
Permit.
Property
Owner/Applicant:
Eugene Barre and Calvin Cherry
Project Title: PLN 2018-1691 – Road Abandonment
3
PC Draft Minutes of 6/5/18
Page 4 of 5
EX PARTE COMMUNICATIONS
Commissioner Dariz stated that the applicant, Gene Barre is his neighbor, however,
they have not discussed this project.
Community Development Director Dunsmore presented the staff report and noted that
on Page 38, Alternative 1 should be deleted.
PUBLIC COMMENT
The following members of the public spoke during public comment: Skip Touchon, Twin
Cities Surveying.
Chairperson Seay closed the Public Comment period.
MOTION: By Commissioner Betz and seconded by
Commissioner Wolff recommending the City
Council summarily vacate an unconstructed
portion of rights-of-way based on findings
consistent with the State of California Streets and
Highways Code and the City’s General Plan.
Motion passed 6:0 by a roll-call vote.
COMMISSIONER COMMENTS AND REPORTS
Chairperson Seay announced that he will be absent from the meeting on June 19, 2018.
Commissioner Dariz announced that he will be absent on July 3, 2018.
Project Location: 5147 Traffic Way, Atascadero, CA 93422 (APN 028-191-015)
5205 Traffic Way, Atascadero, CA 93422 (APN 028-191-008)
6155 Via Avenue, Atascadero, CA 93422 (APN 028-201-001)
(San Luis Obispo County)
Project
Description:
Road Abandonment (RAB) of a portion of Mercedes Ave. located between the
Union Pacific Railroad and 5147 Traffic Way, and a portion of Del Rio Ave.
adjacent to 5147 Traffic Way & 5205 Traffic Way and 6155 Via Ave. ex tending
from Traffic Way and terminating at the Union Pacific Railroad. The
abandonment consists of remnants of rights -of-way that have never been used
or improved as roadways.
City Staff: Mike Bertaccini, Associate Engineer, mbertaccini@atascadero.org,
Phone: (805) 470-3462
Proposed
Environmental
Determination:
The project qualifies for a Class 32 CEQA exemption.
Recommendation: Planning Commission adopt PC Resolution 2018-A, approving the RAB.
4
PC Draft Minutes of 6/5/18
Page 5 of 5
DIRECTOR’S REPORT
Director Dunsmore gave a report on the upcoming agenda items for June 19, 2018, and
also gave a report on projects in the City. Director Dunsmore entertained the idea of
cancelling the July 3rd meeting, since he will also be absent for that meeting.
MOTION: By Vice Chairperson Zirk and seconded by
Commissioner Betz recommending the July 3,
2018, meeting be cancelled.
Motion passed 6:0 by a roll-call vote.
ADJOURNMENT – 7:25 p.m.
The next Regular meeting of the Planning Commission is scheduled for June 19, 2018,
at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero.
MINUTES PREPARED BY:
____________________________
Annette Manier, Recording Secretary
Administrative Assistant
5
ITEM 2 | 6/19/2018
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Atascadero Planning Commission
Staff Report – Community Development Department
Principal Planned Development - Utility Condition Amendment
9105 Principal Ave.
PLN 2014-1519 / CUP 2003-0117 / TTM 2014-0107
(AMND 18-0053)
RECOMMENDATIONS:
Staff recommends Planning Commission adopt:
PC Resolution 2018-A, approving amendments to Conditional Use Permit 2003-
0117 and Tentative Tract Map 2014-0107 to modify the requirements for
undergrounding of utilities, based on findings and subject to Conditions of
Approval and Mitigation Monitoring.
Summary:
Modifications to the Conditions of Approval for the Principal Mixed-use Planned
Development are proposed. The applicant is requesting relief from the current
requirement to underground all utilities on-site and along the project frontages. An
updated utility exhibit is included to show location of proposed overhead lines.
Project Info In-
Brief: ROJECT
ADDRESS:
9105, 9107, 9109 Principal
Ave, 9300 Pino Solo Atascadero, CA APN 030-491-001;
013; 019; 020
PROJECT
PLANNER
Callie Taylor,
Senior Planner (805)470-3448 ctaylor@atascadero.org
APPLICANT ARH Quiky Investments, LLC
PROPERTY
OWNER ECR Principal, LLC and Principal Partners, LLC
GENERAL PLAN
DESIGNATION: ZONING DISTRICT: SITE
AREA
EXISTING
USE PROPOSED USE
Medium Density
Residential
(MDR), General
Commercial (GC
Residential Multi-Family
(RMF-10), Commercial
Retail (CR), PD-24 (Planned
Development #24)
5.25
acres Vacant
Mixed-use
Planned
Development (37
units & carwash)
ENVIRONMENTAL DETERMINATION
☒ Negative / Mitigated Negative Declaration No. 2015-0001
6
ITEM 2 | 6/19/2018
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
DISCUSSION:
Existing Surrounding Uses / Parcel Configurations:
Existing Zoning Existing Aerial / Surrounding
North: South: East: West:
Residential Single-
Family (RSF-Y) /
Commercial Retail
(CR) / Gusta Rd
Residential Multi-
Family (RMF-20) /
Commercial Retail /
Principal Avenue
Residential Single-
Family (RSF-Y)
Commercial Retail
(CR) / El Camino
Real
Project History
The “Principal Mixed-Use” project (GPA 2003-2008/ TTM 2003-0044/ ZCH 2003-0070/
CUP 2003-0117) was originally reviewed and approved by the City Council in October
2004, with a site specific Planned Development Overlay Zone (PD-24). The 5-acre site
was originally zoned as Commercial Retail prior to 2003, but a General Plan
Amendment was approved by the City Council to allow a Planned Development with
multi-family residential and some commercial use of the corner site. A project
amendment was approved by the City Council May 26, 2015, to modify the site plan,
housing unit count and type, and to reduce the commercial portion of the project. The
project approval currently includes the following components:
Summary – Current Approved Project (approved 2015):
9105 Principal Avenue and 9300 Pino Solo Avenue
20 single-family residences
12 duplex units
5 residential mixed-use units (live-work units)
37 Residential Units total
3,215 sq. ft. first floor commercial (live-work units)
Carwash (1,945 sq. ft.) on a 12,495 sq. ft. lot
7
ITEM 2 | 6/19/2018
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Current Approved Site Plan (Approved by City Council May 2015)
An amendment to the subject Planned Development was previously reviewed by
Planning Commission on December 5, 2017. The amendment included a zone text
change, new CUP, and Tentative Tract Map to increase the density and modify the lot
layout of the residential portion of the project. The project applicant is currently
considering additional changes to the project design and has decided not to move
forward to City Council at this time. This major project amendment and zone change is
currently on hold until the project applicant decides how they would like to proceed.
8
ITEM 2 | 6/19/2018
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Project Description
The current proposed amendment consists of changes only to the Conditions of
Approval related to undergrounding of utilities. The site design and architecture of the
commercial carwash and the residential project are not proposed to be modified with
this amendment, and remain as approved by City Council in 2015.
Quiky Carwash, which is part of the Principal mixed-use master plan of development
and PD 24 overlay, has recently been issued building permits for development of the
commercial site at the corner of El Camino Real and Principal Avenue. The carwash
applicant is currently proposing an amendment to the Conditional Use Permit (CUP)
and Tentative Tract Map (TTM) Conditions of Approval to provide relief from the
requirements for undergrounding utilities along the project frontages and within the
project site.
There are several Conditions of Approval in the approved CUP and TTM resolutions
which currently require undergrounding of utilities. The conditions state that all new
utility services for power, telecommunications, and cable TV shall be placed
underground, and all existing overhead utilities shall be placed underground where
located along the subject property frontage of El Camino Real, Principal, and Pino Solo .
These conditions are proposed to be modified with this amendment to allow some utility
lines to remain overhead. A new utility exhibit has been provided by the applicant to
describe which poles are proposed to remain or be relocated above ground.
The existing poles along the frontages support fiber optic cable lines, which cannot be
split and would need to be placed underground to the next existing connection far
beyond the project’s frontage. The applicant estimates that it would cost more than
$300,000 to underground the PG&E, AT&T, and Charter utility lines at these locations .
Additionally, an ephemeral drainage swale borders the project site, and would require
permits from Fish and Wildlife and Regional Water Quality Control Board in order to
underground the utility line at this location. In order to avoid these additional permits
and costs, the applicant is requesting the lines remain above ground at these locations.
As recommended by DRC in preliminary review, conduit is proposed to be installed
along El Camino Real in order to facilitate future undergrounding of utilities. If the City
were to move forward with undergrounding of all of El Camino Real, the lines could be
installed within the underground conduit without having to demolish the frontage
improvements along this parcel frontage.
Per the new utility exhibit, the following utilities would remain above ground:
o Existing poles on the El Camino Real frontage, and poles and guy wires at the
corner of Principal and El Camino Real, would remain.
o An existing overhead line and power pole near project Lot 22 at the center of the
project site is proposed to be relocated but remain above ground.
9
ITEM 2 | 6/19/2018
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Overhead Utility Line Exhibit
Exceptions to Undergrounding Requested by Applicant
Utility lines to remain overhead
10
ITEM 2 | 6/19/2018
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Undergrounding of utilities is a standard City code requirement for all new construction,
and is specifically included as a Condition of Approval on all Planned Developments.
The DRC discussed the applicant’s request for relief when they reviewed proposed
project amendments on August 24, 2017. The DRC agreed that the special
circumstances in this situation make undergrounding especially burdensome for this
site.
As identified in the 2015 Council resolutions, CUP and TTM Condition of Approval #3
state that amendments to the project may be approved by Planning Commission. Since
there is no zone change or density increase currently being requested, and only the
condition regarding undergrounding of utilities is proposed for amendment, Planning
Commission will have the final authority regarding the proposed utility condition change
unless appealed to City Council.
ENVIRONMENTAL DETERMINATION:
As lead agency, the City of Atascadero prepared a Mitigated Negative Declaration for
the revised project in 2015 in compliance with the California Environmental Quality Act
(CEQA) (Public Resources Code, section 21000 et seq.) and the State CEQA
Guidelines (California Code of Regulations, Section 15000 et seq., as amended). The
environmental analysis identified concerns regarding potential impacts to aesthetics,
noise, biological resources, air quality, water quality, and traffic. Mitigation measures
pertaining to these resources were included. A finding was made that the project would
not have a significant effect on the environment based upon the implementation of the
identified mitigation measures. The City Council certified Mitigated Negative Declaration
(MND) No. 2015-0001 in conjunction with project approvals at a public hearing on May
26, 2015. The current proposed project amendment is consistent with the Mitigated
Negative Declaration certified by the City Council in 2015.
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 amendment. The Commission
must specify what findings cannot be made, and provide a brief oral statement,
11
ITEM 2 | 6/19/2018
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
based on the Staff Report, oral testimony, site visit, correspondence, or any other
rationale introduced and deliberated by the Planning Commission. If the
proposed project amendment is denied, the previously approved 2015 Project
Approval and existing conditions would remain in place for the site.
ATTACHMENTS:
1. Site Photographs
2. Draft PC Resolution 2018-A
12
ITEM 2 | 6/19/2018
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
ATTACHMENT 1: Site Photographs
PLN 2014-1519
13
ITEM 2 | 6/19/2018
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
ATTACHMENT 2: Draft PC Resolution 2018-A
Amendment to CUP 2003-0117 & TTM 2014-0107 – Utility Conditions
DRAFT PC RESOLUTION 2018-A
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA,
AMENDING CONDITIONAL USE PERMIT 2003-0117 (MASTER PLAN
OF DEVELOPMENT) AND TENTATIVE TRACT MAP 2014-0107 FOR
THE PRINCIPAL MIXED-USE PROJECT
APN 030-491-001, 013, 019, 020
9105 Principal Avenue / ECR Principal, LLC
(AMND18-0053)
WHEREAS, an application has been received from ARH Quiky Investments, LLC (835
Aerovista Place, Suite 230, San Luis Obispo, CA 93401), Applicant, and ECR Principal, LLC
(125 South Bowling Green Way, Los Angeles, CA 90049), Owner, to amend a previously
approved Master Plan of Development and Vesting Tentative Tract Map on a 5.25-acre site
located at 9105, 9107, 9109 Principal Ave and 9300 Pino Solo (APN 030-491-001, 013, 019,
020); and,
WHEREAS, the site’s current General Plan Land Use Designation is Medium Density
Residential (MDR) and General Commercial (GC; and,
WHEREAS, the site’s current Zoning Designation is Residential Multi-Family (RMF-
10) and Commercial Retail (CR) with a Planned Development #24 (PD-24) Overlay; and,
WHEREAS, the PD-24 requires the adoption of a Master Plan of Development,
approved in the form of a Conditional Use Permit; and
WHEREAS, the City Council approved the original Master Plan of Development (CUP
2003-0117) of the project on October 12, 2004, and approved the most recent amendment to the
Master Plan of Development on May 26, 2015; and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2015-0001
were prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the certified Mitigated Negative Declaration adequately addresses the
effects of the project as proposed for amendment, no substantial changes have been made in the
project, no substantial changes in the circumstances under which the project is being undertaken
and no new information of substantial importance to the project which was not known or could
14
ITEM 2 | 6/19/2018
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
not have been known when the Mitigated Negative Declaration No. 2015-0001 was certified has
become known, and therefore, no further environmental review is required; 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 June 19, 2018, studied and considered the proposed amendments to
Conditional Use Permit 2003-0117 (Master Plan of Development) and Tentative Subdivision
Map (TTM) 2014-0107, after studying and considering the certified Mitigated Negative
Declaration prepared for the project, and,
NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the City of
Atascadero takes the following actions:
SECTION 1. Findings for Approval of Conditional Use Permit and Tentative Tract
Map. The Planning Commission of the City of Atascadero finds as follows:
1. The proposed project or use is consistent with the General Plan and the City’s
Appearance Review Manual; and,
Fact. The proposed amendments are consistent with General Plan Land Use Policies 1.1,
1.3, 2.3, 5.3, 6.1, 7.1, 7.2, 8.5, 15.1, and 15.6; Circulation Policies 1.1, 1.3, 1.4, and 1.5;
and Housing Element Policies 1.1, 4.1, and 4.3. The project design was previously
approved by Planning Commission and City Council in 2015 and was found to comply
with the Appearance Review Manual. The Design Review Committee reviewed the
proposed utility amendment and exhibit and recommended conduit be installed for future
undergrounding along El Camino Real.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including provisions of the PD-24 Overlay Zone; and,
Fact. The Planned Development 24 overlay allows for development standards to be
established through a Master Plan of Development.
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 residential use will not be detrimental to the health, safety, or welfare
of the general public or persons residing in the neighborhood. A residential use is
15
ITEM 2 | 6/19/2018
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
consistent with the surrounding neighborhood to the west and south, and the commercial
development is consistent with the adjacent commercial uses on El Camino Real and the
corner of Principal Avenue. The Planned Development overlay language, mitigation
measures, and City development standards will ensure that pedestrian and vehicular
access conditions are designed in a manner which does not create ongoing safety
concerns.
4. The proposed project or use will not be inconsistent with the character or the immediate
neighborhood or contrary to its orderly development; and,
Fact. The proposed residential use is consistent with other attached and detached multi-
family residential and residential serving uses in the area. The carwash is consistent with
other commercial and service uses along El Camino Real.
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 residential and commercial uses will not generate significant and
unavoidable impacts to traffic. The project will contribute City TIF fees toward the US
101 interchanges. Frontage roads will be developed to City standards, including a turn
lane on Principal Avenue. All internal and abutting public roads have been designed to
City standard.
6. The site is physically suitable for the type of development proposed; and,
Fact. The site is mostly flat, with slopes near Pino Solo and along the ephemeral
drainage area. Development has been designed to avoid the drainage swale and most of
the large native trees on site. The overall development pattern and site layout has been
maintained consistent with the 2015 project approval.
7. The site is physically suitable for the density of development proposed; and,
Fact. The site is located between a major commercial area on El Camino Real, and a
single-family residential development to the west. The configuration of the project
design takes into account natural topography of the site, and acts as a buffer between
commercial and single-family residential uses.
8. The design and improvement of the proposed subdivision will not cause substantial
environmental damage or substantially and unavoidably injure fish and wildlife or their
habitat; and,
16
ITEM 2 | 6/19/2018
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Fact. Setbacks are maintained between the proposed development and the ephemeral
drainage swale on site. Permits, or letters of exemption, are required from permitting
agencies for work around the swale, as identified in the mitigation measures; and,
9. The design of the subdivision or the type of improvements will not cause serious health
problems; and,
Fact. A mitigated negative declaration was prepared for the project, which considered
environmental effects, including impacts to air quality, and determined the project would
not create significant impact with the incorporated mitigation measures. The design of
the subdivision or the type of improvements will not cause serious health problems.
10. The design of the subdivision will not conflict with easements acquired by the public at
large for access through, or the use of property within, the proposed subdivision; or
substantially equivalent alternative easements are provided; and,
Fact. The site is private property, currently fenced and restricted to public access.
Frontage improvements will be installed to provide pedestrian access on sidewalks
around the periphery of the project site; and,
11. Covenants, Conditions and Restrictions (CC&R’s) or equivalent shall be required that
incorporate the Master Plan of Development Conditions of Approval to ensure that the
site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing,
and landscaping) over time; and,
Fact. A Condition of Approval was included in the 2015 resolution, requiring CC&R’s
be recorded concurrently with the final map.
12. The Master Plan of Development standards or processing requirements will enhance the
opportunity to best utilize special characteristics of an area and will have a beneficial
effect on the area; and,
Fact. The PD-24 established development standards that promote a cohesive
neighborhood development and ensure that City goals related to traffic mitigation,
aesthetic character, inclusionary housing, and pedestrian connectivity, among others, are
achieved.
13. Benefits derived from the Master Plan of Development and PD-24 Overlay Zone cannot
be reasonably achieved through existing development standards or processing
requirements; and,
17
ITEM 2 | 6/19/2018
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Fact. The Planned Development 24 overlay text modifies standard development
requirements to allow for a mixed-use residential and commercial project. Modified
standards for the development enable the unit count and site design as approved by City
Council in 2015. City Council Planned Development Policy requires project benefits such
as affordable inclusionary housing, pocket parks, and high-quality landscape and
architecture in exchange for modified development standards. The project satisfies these
requirements.
14. The proposed project will not result in substantial detrimental effects on the enjoyment
and use of adjoining properties.
Fact. The Planned Development Overlay Zone 24 ensures that development within the
area provide certain benefits as identified by Council Policy. Development under the PD-
24 standards will maintain and enhance neighborhood character and provide transition
between commercial and single-family uses.
18
ITEM 2 | 6/19/2018
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on June 19, 2018, resolved to approve amendments to Conditional
Use Permit 2003-0117 (Master Plan of Development) and Tentative Tract Map 2014-0107
subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Utility Exhibit
On motion by Commissioner ____________, and seconded by Commissioner __________, the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ()
NOES: ()
ABSENT: ()
ABSTAINED: ()
ADOPTED:
CITY OF ATASCADERO, CA
__________________________________
Jerel Seay
Planning Commission Chairperson
ATTEST:
___________________________________
Phil Dunsmore
Planning Commission Secretary
19
ITEM 2 | 6/19/2018
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
EXHIBIT A: Conditions of Approval
CUP 2003-0117 and TTM 2014-0107 (2018 Amendment) / PLN 2014- 1519
Conditions of Approval – 2018 Amendment
Principal Mixed-Use Planned Development (PD-24)
Master Plan of Development / Tract 3070
CUP 2003-0117/TTM 2014-0107 (2018 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
1. This amendment shall be for utility line location and undergrounding only. No other project
changes are authorized by this amendment
Ongoing
2. The approval of this amendment shall become final and effective for the purposes of issuing
building permits fourteen (14) days following the Planning Commission approval, unless prior
to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning
Ordinance.
FM / BP
3. All previous Conditions of Approval and Exhibits approved with Council Resolution No. 2015-
045 (CUP) and Council Resolution No. 2015-046 (TTM) adopted May 26, 2015 , shall remain
in effect for the approved project, unless specifically noted below. Only the conditions noted
below regarding undergrounding of utilities shall be modified with this resolution.
Ongoing
4. The following Conditions of Approval regarding requirements for undergrounding of utilities
shall be deleted:
Council Resolution No. 2015-045 (CUP):
Public Works condition #44: “New utility services for power, telecommunications and
cable TV shall be placed underground, beginning from the off-site point of connection
established by the public utility provider.”
Public Works condition #55: “Overhead utilities shall be placed underground where
located along the subject property frontage of El Camino Real, Principal, and Pino Solo.”
Public Works condition #56: “The applicant shall install all new utilities (water, gas,
electric, cable TV and telephone) underground. Utilities shall be extended to the property
line frontage of each lot or its public utility easement.”
Council Resolution No. 2015-046 (TTM):
Public Works condition #16: “New utility services for power, telecommunications and
cable TV shall be placed underground, beginning from the off-site point of connection
established by the public utility provider.”
Public Works condition #43: “All utilities shall be undergrounded on project frontage.”
Ongoing
20
ITEM 2 | 6/19/2018
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval – 2018 Amendment
Principal Mixed-Use Planned Development (PD-24)
Master Plan of Development / Tract 3070
CUP 2003-0117/TTM 2014-0107 (2018 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
5. The applicant shall install all new utility services (water, gas, electric, cable TV and
telephone) underground, beginning from the off-site point of connection established by
the public utility provider, as depicted on the attached Exhibit B. Utilities shall be
extended to the property line frontage of each lot or its public utility easement.
FM / BP
6. Overhead utilities shall be placed underground where located along the subject property
frontage of El Camino Real, Principal, and Pino Solo, as depicted in the attached Exhibit
B.
FM / BP
21
ITEM 2 | 6/19/2018
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
EXHIBIT B: Utility Exhibit
22
ITEM 3 | 6/19/2018
DRIVE-THROUGH RESTAURANT, 9002 WEST FRONT RD
PLN 2017-1656 / Marchi
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
Drive-Through Restaurant, 9002 West Front Road
(PLN 2017-1656)
RECOMMENDATION:
Design Review Committee recommends:
Planning Commission adopt PC Resolution 2018-A, approving a drive-through
restaurant at 9002 West Front Rd., based on findings and subject to Conditions of
Approval.
Summary: The proposed project includes construction of a 2,250 sq. ft. Starbucks with a
drive-through. The proposed project would complete the West Front Village
development.
PROJECT
ADDRESS: 9002 West Front Rd Atascadero, CA APN 056-131-022
PROJECT
PLANNER
Kelly Gleason,
Senior Planner
805-470-
3446 kgleason@atascadero.org
PROPERTY
OWNER
Brett Marchi
GENERAL PLAN
DESIGNATION:
ZONING
DISTRICT:
SITE
AREA EXISTING USE PROPOSED
USE
General
Commercial (GC)
Commercial
Retail (CR)
0.75
acres Vacant Commercial Pad Drive-through
Coffee Shop
ENVIRONMENTAL DETERMINATION
☒ Consistent with previously certified Mitigated Negative Declaration
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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 Commercial Highway 101 Residential
Background:
The West Front Village project was approved in 2005 and included a residential planned
development, a hotel, and 3 accessory commercial pads. Jack -in-the-Box was
constructed in 2008 and Marston’s 101 was constructed in 2014. This proposed
development will occupy the remaining pad between the Jack -in-the-Box and Marston’s
101 restaurant. The project requires the approval of a Conditional Use Permit because it
includes a drive-through restaurant.
The proposed project was reviewed by the DRC in September of 2017 and May of 2018
to evaluate modifications to the existing site layout and architecture. During the 2017
meeting, the DRC recommended approval of the proposed project with architectural
modifications to provide consistency with the surrounding West Front Village center.
After the DRC meeting, Starbucks released a new building prototype design and the
applicant opted to bring the project back to DRC for review. The DRC reviewed the new
architecture in May of this year and is recommending approval of the project with the
following conditions which have been incorporated into the attached resolution:
Incorporate drought tolerant landscape and shade trees into the
landscape plan
24
ITEM 3 | 06/19/2018
DRIVE-THROUGH RESTAURANT, 9002 WEST FRONT RD
PLN 2017-1656 / Marchi
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
Utilize a warm grey tone for the exterior of the building and ensure that the
wood accent features are a compatible color.
Analysis:
A Conditional Use Permit is required for a drive -through restaurant. 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.
Site Design
The existing vacant pad is designed with the parking area along the West Front Road
frontage and the building pad adjacent to the residentially zoned property. The new site
design places the building and the drive-through along the road frontage to minimize
impacts to the residential neighborhood.
The drive-through window faces the existing Jack-in-the-Box restaurant with queuing
adjacent to the wetland area at West Front Road. The entrance to the building faces the
interior of the site. A covered patio is included at the building entrance. New
landscaping will be provided throughout the project site and will include:
Screening landscape between the wetland and the drive-through lane
Shade trees surrounding the building
Trees and dense shrubs adjacent to the residential development
Shade trees throughout the new parking lot.
Landscaping has been designed to be low water using and provide consistency with the
previously developed portions of the site.
25
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DRIVE-THROUGH RESTAURANT, 9002 WEST FRONT RD
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Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
Proposed Landscape and Site Plan
Elevations / Architectural Design
The proposed building employs a modern theme and emphasizes window glazing and
clean structural lines. Wood accent material is included at the base of the building at the
drive-through window and under the projecting overhang elements.
The elevation facing West Front includes window walls toward the north and
landscaped wall trellises on the remaining portion. The entrance elevation facing the
internal parking lot is designed with a projecting overhang and patio seating space. The
front elevation is mostly glazing with wall trellis features as accents. There are also
26
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DRIVE-THROUGH RESTAURANT, 9002 WEST FRONT RD
PLN 2017-1656 / Marchi
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
large amounts of glazing on the north and south elevations, facing the Jack -in-the-Box
pad and the center entry driveway.
While this architectural theme is more contemporary than the existin g center buildings,
the form and massing compliments the existing architectural palette and provides
contrast and interest along the street frontage. The DRC has recommended approval of
the building using a warm tone grey for the exterior of the building. The applicant has
updated the elevations to include this recommendation as shown below:
Proposed Restaurant Elevation Design
Signage
Building signage is proposed on the entry elevation and the elevation facing the Jack -in-
the-Box site. The applicant will also have the option of signage on the existing pylon
structure. Staff has concerns about any illuminated signage on the entry elevation as
this faces the residential neighborhood. Staff has included a condition which prohibits
illuminated signage on the west elevation of the building.
ENVIRONMENTAL DETERMINATION:
The proposed project is consistent with the previously certified Mitigated Negative
Declaration prepared for the original West Front Village development. .
FINDINGS:
The Planning Commission must make findings to approve the proposed drive-through
use. These findings and the facts to support these findings are included in the attached
resolution (Attachment 3).
27
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Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
RECOMMENDATION:
DRC and City Staff recommend the Planning Commission adopt Resolution PC 2018-A
approving a drive-through restaurant, with conditions.
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. Draft Resolution PC 2018-A
28
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Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
ATTACHMENT 1: Site Aerial
PLN 2017-1656
Marston’s
101
Jack-in-
the-Box
Holiday
Inn
Express
Subject Site
9002 West
Front Rd
29
ITEM 3 | 06/19/2018
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Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
ATTACHMENT 2: Site Photographs
PLN 2017-1656
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Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
ATTACHMENT 3: Draft Resolution PC 2018-A
PLN 2017-1656
DRAFT PC RESOLUTION 2018-A
DRIVE-THROUGH
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA,
APPROVING A DRIVE-THROUGH RESTAURANT AT
WEST FRONT VILLAGE ON APN 056-131-022
BRETT MARCHI
9002 WEST FRONT ROAD
(PLN 2017-1656)
WHEREAS, an application has been received from Brett Marchi, 2599 Baseline Ave.,
Solvang, CA 93460 (Owner and Applicant) to consider Planning Application PLN 2017-1656,
for a project consisting of a drive-through restaurant on a 0.75 acre site located at 9002 West
Front Road, Atascadero, CA 93422 (APN 056-131-022); 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 Retail (CR)/PD23; and,
WHEREAS, establishing a drive-through restaurant use requires the adoption of a
Conditional Use Permit in the CR zoning district; and,
WHEREAS, the Design Review Committee reviewed the proposed project on
September 13, 2017, and May 23, 2018, and provided recommendations to the Planning
Commission regarding the site plan and architectural appearance of the project; and,
WHEREAS, the proposed project is consistent with previously certified Mitigated
Negative Declaration MND2005-0046 prepared for the West Front Village development; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject 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,
31
ITEM 3 | 06/19/2018
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PLN 2017-1656 / Marchi
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on June 19, 2018, studied and considered PLN 2017-1656; 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 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; 7.2.4 for providing shade trees; 8.5.3 for providing on-site
storm water 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; 1.5.1 for requiring adequate off -street parking; and 1.5.3
for landscaping, lighting, screening and shade trees in the parking lot.
2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance;
and,
Fact. The proposed drive-through restaurant 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
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 is being constructed on an existing vacant pad that
was approved for commercial development as part of the West Front Village project. 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 minimize impacts
to the adjacent residential uses.
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 the approved West Front
Village development.
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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,
Fact. The proposed drive-through restaurant is part of the West Front Village project which
anticipated tourist serving uses in this location. Traffic impacts were analyzed and mitigated as
part of the original project approvals. .
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 2. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on June 19, 2018, resolved to approve the Conditional Use Permit
subject to the following:
1. EXHIBIT A: Conditions of Approval
2. EXHIBIT B: Site Plan / Landscape Plan
3. EXHIBIT C: Elevations
33
ITEM 3 | 06/19/2018
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PLN 2017-1656 / Marchi
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
______________________________
Jerel Seay
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
34
ITEM 3 | 06/19/2018
DRIVE-THROUGH RESTAURANT, 9002 WEST FRONT RD
PLN 2017-1656 / Marchi
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
EXHIBIT A: Conditions of Approval
PLN 2017-1656
Conditions of Approval
PLN2017-1656
Conditional Use Permit
Drive-through Restaurant
9002 West Front Rd.
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. PLN 2017-1656 shall be for a drive-through restaurant as described in attached
Exhibits B and C, located at 9002 West Front Rd (APN 056-131-022), 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 the buildings on the subject
site.
BP PS
7. The landscape plan, shown in Exhibit B, shall be modified as follows:
At least one of the shade trees adjacent to the patio shall be a
Chinese Pistache or London Plane tree.
A shade tree shall be added within a tree well adjacent to the parking
stalls at the front entry of the building.
Privet and flax shall be replaced with native grasses surrounding the
eating patio and the drive-through.
All plant species shall be listed as applicable for Sunset zone 7.
BP PS
8. 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
35
ITEM 3 | 06/19/2018
DRIVE-THROUGH RESTAURANT, 9002 WEST FRONT RD
PLN 2017-1656 / Marchi
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
9. Elevations shall incorporate high quality materials and shall be consistent with
the colors and design shown in Exhibit C. Stucco shall have a smooth finish.
BP PS
10. 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
11. Only non-illuminated signage shall be permitted facing residential uses
BP PS
12. All mechanical equipment on site shall be screened, including all ground and
roof mounted equipment, air conditioners, transformers, etc.
BP PS
13. All utilities on site shall be installed underground. BP PS
36
ITEM 3 | 06/19/2018
DRIVE-THROUGH RESTAURANT, 9002 WEST FRONT RD
PLN 2017-1656 / Marchi
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
EXHIBIT B: Site Plan / Landscape Plan
PLN 2017-1656
37
ITEM 3 | 06/19/2018
DRIVE-THROUGH RESTAURANT, 9002 WEST FRONT RD
PLN 2017-1656 / Marchi
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
EXHIBIT C: Elevations
PLN 2017-1656
38
ITEM 3 | 06/19/2018
DRIVE-THROUGH RESTAURANT, 9002 WEST FRONT RD
PLN 2017-1656 / Marchi
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
EXHIBIT C: Elevations
PLN 2017-1651
39