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HomeMy WebLinkAboutPC_2018-07-17_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 M EETING Tuesday , Ju ly 1 7 , 20 1 8 6 :00 P.M. Historic City Hall Council Chambers 6 500 Palma Avenue, 4 th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Ch airperso n 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 pe rsons 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 tak e 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 Com mission or public wishes to comment or ask questions.) 1. APPROVAL OF DRAFT MINUTES OF JUNE 19 , 2018 2. APPROVAL OF TIME EXTENSION FOR 1905 EL CAMINO REAL (TEX 18 - 0055) 3. APPROVAL OF TIME EXTENSION FOR 2055 EL CAMINO REAL (TEX 18 - 0045) City of Atascadero Planning Commission Agenda Regular Meeting, July 17, 2018 Page 2 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @at ownplanning Scan This QR Code with your smartphone to view Planning Commission Website PLANNING COMMISSION BUSINES S COMMUNITY DEVELOPMEN T 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, bu t 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 an d 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 r epresentative 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).) 4. CONDITIONAL USE PERM IT FOR 6501 VIA AVENUE CO MMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on August 7, 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 de scribed in this notice or in written correspondence delivered to the Planning Commission at, or prior to , this public hearing. Property Owner: Vivian Vetter Applicant: William Holmes Project Title: USE 18 -0065 Project Location: 6501 Via Avenue, APN 0 28 -201 -004, San Luis Obispo County Project Description: Conditional Use Permit for a 2.6 -acre outdoor landscape supply and storage yard in the Industrial Zone including installation of one cargo conta iner. The site is proposed to be used for contract construction services. City Staff: Callie Taylor , Sr. Planner, ctaylor @atascadero.org, Phone: (805) 470 -34 48 Proposed Environmental Determination: The project qualifies for a Class 1 CEQA exemption (CEQ A Guidelines 15301) Recommendation: Planning Commission adopt PC Resolution 2018 -A, approving the Conditional Use Permit. City of Atascadero Planning Commission Agenda Regular Meeting, July 17, 2018 Page 3 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @at ownplanning 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 t he first and third Tuesday of each month at 6 :00 p.m. at City Hall, Council Chambers, 6 500 Palma Avenue , Atascadero. Matters are considered by the C ommission 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, a nd 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 avai lable 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 compli ance 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. Notificatio n 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 Und er Agenda item, “PUBLIC COMMENT ”, the Chairperson will call for anyone from the audience having business with the Co mmission 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 it ems not on the Agenda may be brought to the C ommission ’s attention . A maximum of 30 minutes will be allowed for Public Comm e nt Portion (unless changed by the Co mmission ). 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 Co mmission will ask questions of staff. The Chairperson will announce when the public comment period is open an d will request anyone interested to address the Co mmission 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 y our name (not required). 3. Make your statement . 4. All comments should be made to the Chairperson and Co mmission . 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present . 6. All comme nts 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 b e 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 cop y. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Co mmission . PC Draft Minutes of 6/19 /18 Page 1 of 4 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tu e sday , June 19 , 20 1 8 – 6 :00 P.M. City Hall Council Chambers 6 500 Palma Avenue , Atascadero, California CALL TO ORDER - 6 :0 0 p.m. Vice Chairperson Zirk called the meeting to order at 6:0 0 p.m. and Commissioner Donovan led the Pledge of Allegiance. ROLL CALL Present: Co mmissioners Anderson, Betz, Dariz, Donovan, Wolff, and Vice Chairperson Zirk Absent: C hairperson Seay (excused absence) Others Present: Recording Secretary , Annette Manier Staff Present: Senior Planner, Callie Taylor Senior Planner, Ke lly Gleason Planning Intern, Erick Gomez APPROVAL OF AGENDA MOTION: By Commissioner Wolff and seconded by Commissioner Anderson to approve the A genda . Motion passed 6 :0 by a roll -call vote. PUBLIC COMMENT The following member of the public spoke: David Bentz. Vice Ch airperson Zirk closed the Public Comment period. Vice Chairperson Zirk introduced Erick Gomez, new Planning Intern , to the Planning Commission . ITEM NUMBER: 1 DATE: 7 -1 7 -1 8 1 PC Draft Minutes of 6/19 /18 Page 2 of 4 CONSENT CALENDAR 1. APPROVAL OF DRAFT MINUTES OF JUNE 5 , 2018 MOTION: By Commissioner Anderson and seconded by Commissioner Wolff to approv e the Consent Calendar . Motion passed 6 :0 by a roll -call vote. PLANNING COMMISSION BUSINESS None COMMUNITY DEVELOPMEN T 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. Speake rs 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).) EX PAR TE COMMUNICATIONS None 2. CONDITIONAL USE PERM IT AND TENTATIVE TRA CT MAP AMENDMENT FOR 9105 PRINCIPAL A VE. 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 C onditions of A pproval, 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 -34 48. Pr oposed 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. 2 PC Draft Minutes of 6/19 /18 Page 3 of 4 Senior Planner Taylor presented the staff report and answered questions from the Commission. Senior Planner Taylor suggested an added condition, which was not published in the staff report , as follows:  Added Condition #7 : “In order to facilitate future undergrounding of utilities, the applicant shall install conduit along the El Camino Real project frontage where utilities are to remain overhead. Conduit size, material, and location shall be reviewed and approved by the City Engineer prior to installati on.” PUBLIC COMMENT The following members of the public spoke during public comment: Tom Ehlers with Columbia Builders , and Joh n Singh , General Manager of Quiky Car Wash . Vice Chairperson Zirk closed the Public Comment period. MOTION: By Commissioner Anderson and seconded by Commissioner Dariz recommending the Planning Commission adopt PC Resolution 2018 -A, approving amendments to Conditional Use Permit 2003 -01 1 7 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 , with the addition of Condition 7 as stated above . Motion passed 6 :0 by a roll -call vote. 3. CONDITIONAL USE PERM IT FOR 9002 W. FRONT ROAD Senior Planner Gleason presented the staff report and answered questions from the Commission. Staff is recommendin g that Condition 11 be modified for clarity as follows: 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 Description: 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 development will complete the West Front Village development. City Staff: Kelly Gleason , Sr. Planner, kgleason @atascadero.org, Phone: (805) 470 -3 446 Proposed Environme ntal 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. 3 PC Draft Minutes of 6/19 /18 Page 4 of 4  All signage facing the residential area shall be non -internally illuminated. External illumination may be permitted providing that lighting is designed to be fully shielded and directed solely toward the signage. EX PARTE COMMUNICATI ONS N o ne PUBLIC COMMENT The following members of the public spoke during public comment: Brett Marchi and Brian Hi nninger . Vice Chairperson Zirk closed the Public Comment period. Staff and the applicant answered questions raised during public comment. MOTION: By Commissioner Betz and seconded by Commissioner Donovan approving a drive - through re staurant at 9002 West Front Road, based on findings a n d subject to Conditions of Approval, with the addition of the modification to Condition 11 as stated above. Motion passed 6 :0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS None DIRECTOR ’S REPORT Senior Planner Gleason gave an update on two items scheduled for July 17, 2018. ADJOURNMENT – 6:38 p.m. The next Regular meeting of the Planning Commission is scheduled for Ju ly 1 7 , 201 8 , at 6 :00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPAR E D BY : ____________________________ Annette Manier , Recording Secretary Administrative Assistant 4 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC 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 Vesting Tentative Parcel Map Time Extension (PLN 2007 -1246 /TEX 18 -0055 ) RECOMMENDATION(S): Staff recommends Planning Commission adopt Resolution PC 201 8 -A, approving a one -year time extension of Vesting Tentative Parcel Map 2011 -0098 (AT 0 7 -0059 ) and CUP 2009 -023 7 in compliance with Sections 11 -4.23(a) and 11 -4.33(b) of the Subdivision Ordinance (Titl e 11). Project Info In -Brief: PROJECT ADDRESS: 1905 El Camino Real Atascadero, CA APN 049 -1 02 - 020,031,032,045, 048 ,056,049 -131 - 070 PROJECT PLANNER Kelly Gleason Senior Planne r 805 -470 - 34 4 6 kgleason @atascadero.org APPLICANT MP Annex, LLC, 284 Higuera Street, San Luis Obispo, CA 93401 PROP ERTY OWNER MP Annex, LLC, 284 Higuera Street, San Luis Obispo, CA 93401 GENERAL PLAN DESIGNATION: ZONING DISTRICT : SITE AREA EXISTING USE PROPOSED USE General Commercial (GC) Commercial Retail (CR) / SP -2 11.3 acres Vacan t General Retail ENVIRONMENTAL DETERMINATION ☒ Environmental Impact Report SCH: 2010051034 ☐ Negative / Mitigated Negative Declaration No. ___________ ☐ Categorical Exemption CEQA – G uidelines Section 153 ____ ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 5 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC 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) / SP -2 Residential Multi - Family (RMF -20) / Residential Suburban (RS) Residential Suburban (RS) Commercial Park (CPK) / Planned Development Overlay Background: The Del Rio Road Commercial Area Specific Plan was adopted on July 12, 2012. It included two components; a Walmart component and a n “Annex” component. On the Annex portion of the site, the approval included a Vesting Tentative Parcel M ap that resulted in a 8 -lot subdivision for the northwest/northeast corner of Del Rio Road and El Camino Real. The 8 -lot map accommodates seven proposed retail pads , a hotel (Annex Hotel) and one remainder parcel (6 -lot subdivision). The remainder parcel has had a subsequent Tentative Map approved for the residential portion of the development. The improvement plans are in plan check and the map will be recorded by the end of the year. The hotel portion of the development is currently in for building plan check and construction is estimated to begin before the end of the month. Analysis: The Subdivision Map Act mandates an initial two -year life and, by local ordinance, the City may extend the time at which the map expires in one year increments not to exceed a total of five years (these are discretionary extensions). The application for the extension must be filed prior to the expiration date. In 2013, the State passed assembly 6 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero bill 116 (AB 116) that granted an automatic two year exte nsion to all active maps. Based on the limitations of the Subdivision Map Act, the map may be eligible for future extensions as this is the third discretionary extension and up to five may be allowed. Map History : Approva l Expiration Original Approval 7/12/2012 7/12/2014 Automatic Extension (A B 116) 7/1 1 /201 3 7/12/2016 Director E xtension 6/24/2016 7/12/2017 PC Extension 8/1/2017 7/12/2018 Proposed PC Extension 7/17/2018 7/12/2019 Only an initial extension may be approved by the Director, while subsequent extensions require Planning Commission review. The Planning Commission has discretion on whether they want to extend the map, or they can defer the decision to the City Council. Th e Commission or City Council may also decide whether project conditions should be added, modified, or deleted. Conclusion: Staff is continuing to work with the applicant team on phase 1 of the Annex, which is the Annex Hotel to be operated by Hilton Home 2 Suites brand. No factors have changed with the remaining portion of the commercial project to warrant reconsideration of project conditions or entitlements. Staff recommends the Planning Commission approve the Time Extension as requested. ENVIRONMENTAL DETERMINATION : This project is a necessarily included element of the proje cts considered in Final EIR SCH #2010051034 , certified by the City Council on June 26 , 20 12 , which ad equately addressed the effects of the proposed project. 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 p roject which was not known or could not have been known when the Final EIR No. 2010051034 was certified has become known. Therefore, no further environmental review is required. 7 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero FINDINGS: A Vesting Tentative Tract Map was approved as part of the project consistent with the Del Rio Road Commercial Area Specific Plan. The Vesting Tentative Parcel Map was conditioned to meet all City standards including on -site and off -site street improvements . Time Extension Findings The following are required findings that must be made by the Planning Commission to extend VTPM 2011 -0098 (AT 0 7 -0059 ), consistent with section 9 -2.117 of the Atascadero Municipal Code. 1. There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement (AMC 9 -2.117(a)(1)); 2. There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project (AMC 9 -2.117(a)(2)). ALTERNATIVES: 1. The Commission may approve the Time Extension subject to additional or revised project conditions. 2. The Commission may deny the Time Extension if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission’s motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or an alysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: 1. AT 2007 -0059 2. Conditions of Approval TPM 2011 -009 8 3. Draft Resolution 201 8 -A 8 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: AT 20 07 -00 59 PLN 2007 -124 6 9 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Conditions of Approval – VTPM 20 07 -00 59 PLN 2007 -124 6 Conditions of Approval TPM 2009 -0098 (Annex Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Fi nal Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney  Planning Services 1. This Vesting Tentative Map (TPM 2009 -0098) is for the reconfiguration of legal lots of record into eight (8) legal lots of record described on the attached exhibits and shall apply to the APNs 049 -102 -020, 031, 032, 045, 048, 056 and 049 -131 -070 regardless of owner. FM PS The approval of this vesting tentative parcel map shall become final and effective for the purposes of issuing building permits fourteen (14) days following City Council approval of TPM 2009 -0098 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. On -Going PS 2. Approval of this Vesting Tentative Map shall be valid for twenty -four (24) months after its effective date. At the end of the period, the ap proval shall expire and become null and void unless the project has received a building permit or a time extension has been granted. FM PS 3. A final parcel map drawn in substantial conformance with the approved vesting tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City’s Subdivision Ordinance. FM PS 4. The subdivider shall defend, indemnify, and hold harmless the City of Atascadero or its age nts, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. FM PS 5. The parcel map shall be subject to additional fees for park or recreation purposes (QUIMBY Act) as required by City Ordinance. FM PS 6. All maintenance costs listed below shall be 100% funded by the project in perpetuity, except for public facilities that are planned for an d currently maintained by the City of Atascadero. The service and mainten ance cost shall be funded through an entity or mechanism established by the developer, subject to City Staff approval. This entity or mechanism must be in place prior to, or concurrently with acceptance of any final map(s). The entity or mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map(s). The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the res ponsibility of the entity or mechanism. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, traffic control signals, pavement markings and sewer mains within the proposed project including residential streets within any residential subdivision, as shown in Exhibit B . Exception: new BP PS 10 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0098 (Annex Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Fi nal Map TO: Temporary Occupancy FI: Final inspection 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 collector street located south of Walmart store within the Specific Plan area will be maintained by the City of Atascadero. b) All landscaping and lighting within th e proposed project area as shown in Exhibit B. c) All creeks, flood plains, floodways, wetlands, and riparian habitat areas that may be within the boundaries shown in Exhibit B. d) Property line walls, fences, retaining walls, solid waste storage areas, signs, s lopes, and parking lots within the boundaries shown in Exhibit b. e) Open areas on private property within the proposed project area including detention facilities, bio -swales, and other low - impact -development features as shown in Exhibit B. f) Newly constructed drainage facilities on private property within the proposed project area as shown in Exhibit B. g) Landscaped frontages and medians within the right -of -way of all public streets within the defined specific plan boundary. h) On -site sewer and storm drains locate d outside of the right -of - way. 7. Prior to final map, the applicant shall submit CC&Rs for review and approval by the Community Development Department. The CC&R’s shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including parking lot, landscape areas, free standing signs, lighting and solid waste storage. b) Provisions for the shared use of parking areas, drive aisles, walkways and solid waste storage. c) Maintenance of on -site sewer and storm drainage systems. d) Ensuring compliance with the Specific Plan Master Plan of Development. e) Standards for the design, maintenance and appearance of buildings, signs, common areas and parking lots. f) A provision for review and approval by the City Communi ty Development Department for any changes to the CC&R’s that relate to the above requirements prior to the changes being recorded or taking effect. BP PS 8. All subsequent Tentative Maps and improvements shall be consistent with the Del Rio Road Commercial Area Specific Plan Master Plan of Development. FM PS, CE 11 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0098 (Annex Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Fi nal Map TO: Temporary Occupancy FI: Final inspection 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 9. Concurrently with recordation of Final Map, the applicant shall report all necessary reciprocal easements for parking, vehicular access, solid waste storage, pedestrian access a mong all lots within the project boundary. Reciprocal access easements shall be provided to all contiguous off -site commercial parcels consistent with the Del Rio Road Commercial Area Specific Plan. FM PS, CE Fire Department 10. Prior to occupancy of the first building, the applicant shall paint curbs red with white lettering every 50 feet stating “No Parking – Fire Lane” along all driveways with a curb -to -curb width of less than 34 -feet. This shall be shown on all applicable plans prior to issuance of first building permit FM FD 11. Prior to issuance of the first building permit, the applicant shall obtain approval from the City Fire Department for any private driveway sections FM FD City Engineer / Public Works Specific Project Conditions   PUBLIC IMPROVEMENTS 12. All public improvements shall be installed prior to recordation of a Final Map to insure orderly development of the surrounding area consistent with section 66411.1(b)(2) of the Subdivision Map Act. In the event that the applicant bonds for the public improvements required as a condition of the Final Parcel Map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council prior to recordation of the Final Map. (Map Act 66462.5(a)(1)) GP, BP, FM CE 13. An engineer’s estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. The engineer’s estimate of probable cost shall use the County of San Luis Obispo Standard Costs for Public Works Engineering or other estimate acceptable to the City Engineer. GP, BP, FM CE 14. Prior to recordation of the Final Parcel Map, the applicant shall enter into an agreement to complete the off -site improvements required as a condition of the Final Map and the Subdivision Improvement Agreement, at such time the City acquires a title interest in the land that will permit the improvements to be made. (Map Act 66462.5(c)) FM CE 15. The Subdivision Improvement Agreement shall record concurrently with the Final Map FM CE PARCEL MAPS 16. Prior to recording the Final Parcel Map, the applicant shall file a Final map drawn in substantial conformance with the approved Vesting Tentative Parcel Map, all applicable Mitigation Measures FM CE 12 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0098 (Annex Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Fi nal Map TO: Temporary Occupancy FI: Final inspection 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 requirements and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 17. The applicant shall secure, at the applicant's expense, sufficient title, or interest in land to permit construction of any off - site improvements that the applicant is required to construct. a. If the applicant is unable to acquire sufficient title or interest to permit construction of the required off -site improvements, the applicant shall notify the City of this inability not less than six months prior to approval of the Parcel Map. In such case, the City may thereafter acquire sufficient interest in the land, which will permit construction of the off -site improvements by the applicant. b. The applicant shall pay all of the City's costs of acquiring said off -site property interests pursuant to Government Code Section 66462.5 et. seq. Applicant shall pay s uch costs irrespective of whether the Parcel Map is recorded or whether a reversion occurs. The cost of acquisition may include, but is not limited to, acquisition prices, damages, engineering services, expert fees, title examination, appraisal costs, acqu isition services, relocation assistance services and payments, legal services and fees, mapping services, document preparation, expenses, and/or damages as provided under Code of Civil Procedures Sections 1268.510 - .620 and overhead. c. The applicant agrees th at the City will have satisfied the 120 - day limitation of Government Code Section 66462.5 and the foregoing conditions relating thereto when it files its eminent domain action in superior court within said time. d. At the time the applicant notifies the City as provided in “B” hereinabove, the applicant shall simultaneously submit to the City in a form acceptable to the City all appropriate appraisals, engineering specifications, legal land descriptions, plans, pleadings, and other documents deemed necessary b y the City to commence its acquisition proceedings. Said documents must be submitted to the City for preliminary review and comment at least 30 days prior to the applicant's notice described hereinabove at “B”. e. The applicant agrees to deposit with the City , within five days of request by the City, such sums of money as the City estimates to be required for the costs of acquisition. The City may require additional deposits as needed. f. The applicant shall execute any agreements mutually agreeable prior to appr oval of the Parcel Map as may be FM CE 13 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0098 (Annex Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Fi nal Map TO: Temporary Occupancy FI: Final inspection 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 necessary to assure compliance with the foregoing conditions. Failure by the applicant to notify the City as required by “b” hereinabove, or simultaneously submit the required and approved documents specified in “e” herein above, or make the deposits specified in “f” hereinabove, shall constitute applicant's waiver of the requirements otherwise imposed upon the City to acquire necessary interests in land pursuant to Section 66462.5. In such event, subdivider shall meet all conditions for installing or constructing off -site improvements notwithstanding Section 66462.5. 18. Concurrent with Final Parcel Map approval, the applicant shall record a reciprocal access easement and maintenance agreement for all shared driveways and drive isles within the project site as well as adjacent commercial lots, as required by the City Engineer and/or the Del Rio Road Commercial Area Specific Plan. FM CE 19. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the Vesting Tentative Parcel Map. A final subdivision guarantee is required prior to Final Parcel Map approval. FM CE 20. The Final Parcel Map shall be acceptable to the City Engineer or Surveyor prior to the map being placed on the ag enda for City Council acceptance . FM CE 21. Prior to recording the Final Parcel map, the applicant shall pay all outstanding plan check or inspection fees . FM CE 22. Prior to recording the parcel map, the applicant shall submit a copy of a valid San Luis Obispo County tax bond FM CE 23. Prior to City Surveyor or Engineer approval of the Final Parcel Map, the applicant shall dedicate all necessary right -of -ways, storm drain easements, sewer easements, or other public utility easements by the map or separate documents . FM CE 24. Prior to recording the Final Parcel map, the applicant shall bond for or set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set o r shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. If the property corners are not set prior to map recordation, the applicant shall bond the property corner installation. FM CE 25. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the Final Parcel map. If there are building or other restrictions related to the easements, they shall be noted on the Final Parcel map. The applicant shall show all access res trictions on the Final Parcel map. FM CE 26. Prior to approval of the Final Parcel map by the City Council, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required FM CE 14 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0098 (Annex Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Fi nal Map TO: Temporary Occupancy FI: Final inspection 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 by the utility company. A copy of the letter(s) shall be submitted to the City. New easements shall be shown on the Final Parcel map. 27. Prior to Final Parcel Map approval by the City Council, the applicant shall remove existing structures from each lot. FM CE 28. Prior to Final Parcel Map approval applicant shall quitclaim or relocate any easement in conflict with pro posed structures or other obstruction(s), as required by the City Engineer. FM CE 29. A Lighting and Landscape District funding mechanism to provide for the maintenance for lighting, medians, special paving surfaces, storm drain, and hardscape shall be provided and accepted by the City Engineer prior to Final Parcel Map recordation.. FM CE OFFSITE IMPROVEMENT PLANS 30. Prior to the issuance of an encroachment permit(s) for construction of any offsite improvements, the applicant(s) shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, traffic control and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. The Submitted plan s shall be in conformance with the requirements of the Vesting Tentative Map, City Standard Specifications and Drawings and Specific Plan . GP, BP CE 31. Prior to the issuance of any onsite improvement Building Permit, the on -site public improvements shall be designed in accordance with the Vesting Tentative Parcel Map, Specific Plan, City Engineering Specifications and Drawings or as required by the City E ngineer. GP, BP CE 32. All offsite and onsite public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as required by the City Engineer GP, BP CE 33. The project shall in clude construction of all vehicular lanes, curbs, gutters and sidewalks along entire frontage as shown on the Master Plan of Development, Specific Plan, or Vesting Tentative Parcel map. GP, BP CE 34. Prior to issuance of encroachment permits for public improv ements (Street, Sewer, Storm Drain, Water), the applicant, by written agreement with the City Engineer, shall guarantee installation of the improvements through faithful performance bonds, letters of credit or any other acceptable means. Building final sha ll be withheld if the improvements are not completed. The faithful performance bonds/letters of credit/or other financial means shall include an inflation factor that is satisfactory to the City Engineer. EP CE 35. El Camino Real shall be shown on the Final Parcel Map as an arterial street with a minimum right of way half width of 50 -feet, per City Standard Drawing No. 407. The applicants shall acquire and dedicate to the City the right -of -way required for all stree t improvements as identified in the Final Environmental Impact FM CE 15 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0098 (Annex Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Fi nal Map TO: Temporary Occupancy FI: Final inspection 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 Report Traffic Study, the Vesting Tentative Map, and Specific Plan. The Applicant shall provide sufficient right of way to convert the intersection at Del Rio Road/El Camino Real to a modern ro undabout. The roundabout will require an inscribed diameter of approximately 160 feet and will include a combination of single and dual circulating lanes. Single -lane approaches are required for the southbound and westbound entrances. The northbound approa ch shall include a dual -lane entry with a left -only lane and a shared through/right -turn lane. The eastbound approach shall include a shared through/left -turn lane and a 125 -foot long right - turn lane. Travel lanes shall be a minimum of twelve foot wide. T he roundabout shall include facilities for pedestrians and bicyclists. The applicants shall design the roundabout in conformance with the conceptual plan is shown in Figure 3 of the Del Rio Road Area Specific Plan Transportation Impact Analysis for the Ci ty of Atascadero February 6, 2012. The Applicant is responsible for all frontage improvement costs . 36. Del Rio Road shall be shown on the Final Parcel Map as a collector street with a minimum width of 60 -feet, per City Standard Drawing No. 406. Del Rio Road shall be designed to include a center turn lane into the Walmart and Annex sites as well as Obispo Road. FM CE 37. The Annex frontage improvement plans shall include a left turn pocket for the driveway across from the Walmart Project 38. The applicant (s) shall improve the intersection of Del Rio Road and Rio Rita Road to meet site distance, horizontal and vertical alignment standards of the City Engineering Standards. The proposed improvements shall be acceptable to the City Engineer. BP, GP CE 39. Prior to Final Parcel Map approval, the applicant(s) shall dedicate sidewalk easements sufficient to encompass accessibility requirements for sidewalks installed with drive approaches in accordance with the current City standard. FM CE 40. Applicant(s) shall submit a composite utility plan, signed by PG&E, AT&T, Charter Cable TV and Southern California Gas Company indicating location of all underground utilities that will serve the project. New or relocated undergrounded facilities will be installed in an up to 10 foot wide PUE. Plan shall be reviewed and approved by the City Engineer prior to approval of public improvement plans. GP, BP CE 41. Prior to building final, all new and existing power lines and overhead cables less than 34 KV withi n or fronting the project site shall be installed underground. GP, BP CE 42. Prior to street improvement plan approval by the City Engineer, the applicant shall submit a street tree location plan to the Community Development Department for review and approval . The location of the street trees shall not conflict with sewer or storm drain infrastructure. The plan shall include proposed sewer lateral locations and storm drain infrastructure for reference. GP, BP PS, CE 16 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0098 (Annex Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Fi nal Map TO: Temporary Occupancy FI: Final inspection 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 43. Prior to the Final Parcel Map being filed with the County Recorder, the applicant shall not grant or record easements within areas proposed to be granted, dedicated, or offered for dedication for public streets or highways, access rights, building restriction rights, or other easements; unless sub ordinated to the proposed grant or dedication. If easements are granted after the date of tentative map approval, subordination must be executed by the easement holder, to the satisfaction of the City Engineer, prior to the filing of the Parcel Map. FM CE 44. Prior to building final, the applicant(s) shall construct onsite and offsite street pavement in accordance with one of the following two options a. The applicant shall construct the full pavement section including the final lift of asphalt to finish grade in conformance with the design Traffic Index. Prior to building final, the applicant shall refurbish the pavement to the satisfaction of the City Engineer. b. The applicant shall construct a pavement section that is a minimum of 1½” lower than finish grade, in conformance with the design Traffic Index. Prior to building final, the applicant shall refurbish the pavement, and complete the final lift of asphalt to meet finish grade to the satisfaction of the City Engineer GP, BP CE 45. Prior to building final, the applicant shall construct and final full street improvements as shown in the Specific Plan and required by the mitigation monitoring program within the affected portion of the project site, as well as the required offsite street improvements to the satisfa ction of the City Engineer. BP CE 46. Prior to building final, the applicant(s) shall install a community mailbox and post in accordance with the City’s standards, and secure approval of the U.S. Postal Service prior to installation. The community mailboxes shall not cause a sight distance obstruction and shall have a minimum four foot clear zone behind the mailbox. FO CE 47. Prior to building final, the applicant shall construct accessible ramps at intersections, as required by the City Engineer. FO CE 48. Prior t o building final, the applicant shall repair any broken or damaged curb, gutter and sidewalk, and repair or reconstruct the half section plus 10 feet of pavement on onsite or offsite streets within or near the project. All damaged facilities shall be repa ired to the City Engineer’s satisfaction. FO CE 49. Prior to the construction of offsite improvements the project applicant(s) shall prepare and submit a Construction Traffic Control Plan for review and approval by the City Engineer. The plan shall identify routing for all delivery and haul trucks and, if necessary, limit deliveries to non -peak times. To the extent feasible, truck routing should avoid travel through residential areas and emphasize the use of US 101. The plan shall be developed in conformance with the California MUTCD, latest EP CE 17 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0098 (Annex Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Fi nal Map TO: Temporary Occupancy FI: Final inspection 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 edition. The plan shall include the following provisions: a. Maintain access for land uses in proximity of the project site during project construction. b. Schedule deliveries and pick -ups of construction materials to non -peak travel periods, to the maximum extent feasible. c. Coordinate haul trucks, deliveries and pick -ups to reduce the potential of trucks waiting to load or unload for protracted periods of time. d. Minimize obstruction of through traffic lanes on surrounding public streets. e. Construction equipment traffic entering and exiting the project site shall be controlled by flagman. f. Identify designated transport routes for heavy trucks (in addition to haul trucks) to be used over the duration of the proposed project. g. Schedule vehicle movements to ensure to the maximum extent feasible that there are no vehicles waiting offsite and impeding public traffic flow on the surrounding streets. h. Establish requirements to ensure the safety of the pedestrians and access to local businesses. i. Coordinate with adjacent businesses and e mergency service providers to ensure adequate access exists to the project site and neighboring businesses. j. Prohibit parking for construction workers except on the project site and any designated off -site parking locations. These off - site locations shall not include adjacent commercial center parking lots or residential streets and will require the approval of the City Engineer. GRADING 50. The applicant shall, to the City Engineer’s satisfaction, comply with all Geology, Soils and Seismicity mitigation measures and time frames contained in the City Council adopted Mitigation Monitoring and Reporting Program. 51. Prior to issuance of grading permit, the applicant shall submit a grading plan consistent with the approved tentative map, Master Plan of Development, Specific Plan, arborist report and conditions of approval. The grading plan shall be based on a detailed engineering geotechnical report specifically approved by the geologist and/or soils engineer that addresses all submitted recommendati ons. GP, BP CE 52. Prior to issuance of a grading permit for this project, the applicant shall submit a copy of the grading permit for the export site and an exhibit of the proposed haul route. The applicant is responsible to GP, BP CE 18 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0098 (Annex Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Fi nal Map TO: Temporary Occupancy FI: Final inspection 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 obtain approval from all applicable agencies for the soil hauling operation and the placement of fill off -site. 53. The applicant shall comply with the following requirements for the soil hauling operation: a. Obtain an encroachment permit from the City Engineer for the work. b. The hours of operation shall be between 8:30 am to 3:30 pm, Monday through Friday. c. Provide street sweeping service on all City streets along the haul route during all hours of work on a schedule approved by the City Engineer. d. Provide traffic control and f lagging personnel along the haul route to the satisfaction of the City Engineer. GP, BP CE 54. Prior to issuance of a grading permit, the applicant(s) shall sign a Haul Route Repair Agreement and pay a Haul Route Pavement Repair Security Cash Deposit (Deposit) of $100,000, which may be increased or decreased based upon an estimated cost to complete the repairs of streets damaged during the dirt hauling operation. The limits and scope of the repairs shall be determined by the City Engineer. In order to receive a refund of the Deposit, the applicant or subsequent property owners shall complete any required pavement repairs to the satisfaction of the City Engineer within six months from the completion of the dirt hauling operation or prior to issuance of B uilding Permits. If the pavement repairs are not completed within six months, the City may use the Deposit to complete the repairs and for any incurred staff and administrative costs. Any funds remaining at the completion of the repairs will be refunded t o the applicant. If the Deposit is insufficient to complete the repairs, the City shall seek additional funds from the applicant. GP, BP CE DRAINAGE 55. Prior to grading permit issuance, the applicant shall obtain City Engineer approval of a drainage study for the proposed private onsite and public offsite storm drain system from the City Engineer. The study shall demonstrate that runoff generated onsite will not negatively affect downstream waterways or properties. Onsite and offsite storm drain faciliti es shall comply with City Engineering Drainage Standards. GP CE 56. The applicant shall, to the City Engineer’s satisfaction, comply with all stormwater mitigation measures and time frames contained in the Mitigation Monitoring and Reporting Program. 57. Prior to issuance of permits affecting Caltrans right -of -way, the applicant shall submit evidence of written approval for the proposed construction within the Caltrans right -of - way to the City Engineer. GP CE 58. Maintenance responsibilities for all slopes, retai ning walls, drainage devices, and erosion and sedimentation control GP, BP CE 19 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0098 (Annex Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Fi nal Map TO: Temporary Occupancy FI: Final inspection 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 devices/systems not accepted by the City shall be the responsibility of the property owner in perpetuity. 59. Prior to grading permit issuance, the applicant shall obtain and submit to the City a notarized Letter of Permission for grading over all easements. GP CE 60. Prior to grading permit issuance, the applicant shall obtain a notarized Letter of Permission for grading outside of the property lines/tract boundary from the affected property owner(s). GP CE 61. Prior to grading permit, the applicant shall obtain a notarized Acceptance of Drainage from all affected property owners if drainage is being diverted to areas that currently do not accept the drainage. GP CE 62. Prior to issuance of grading permit, the applicant shall record in the Office of the County Recorder any needed slope easements from adjacent property owners, as directed by the City Engineer. GP CE 63. Prior to issuance of grading permits in Jurisdictional Waters of the United States, the applicant shall acquire permits from the Army Corps of Engineers, California Department of Fish and Game, and the Regional Water Control Board for any work within any natural drainage course. A copy of the permits, or a response letter from each agency indicating a permit is not required, shall be submitted to the City prior to issuance of grading permits. GP CE 64. The applicant or subsequent property owners shall be responsible for providing regularly scheduled maintenance of the storm dr ain infrastructure, as required by the City Engineer. CE 65. The applicant shall form an organized drainage maintenance entity to finance the future ongoing maintenance and capital replacement of water quality, low impact development, hydro modification , ero sion and sedimentation devices/systems identified on the project’s approved storm drain plan. The applicant shall pay for all costs associated with the formation of the maintenance entity. Water quality, erosion and sedimentation devices/systems shall inc lude but are not limited to catch basin inserts, debris excluders, bio -treatment basins, vortex separation type systems, and other devices/systems for storm water quality. The applicant shall be responsible for the maintenance of all project water quality, erosion and sedimentation devices/systems until the district has been established. FM CE 66. Prior to Final Parcel Map approval, the applicant shall place a note on the map, prohibiting the lot owners within this development from interfering with the establi shed drainage master plan and from erecting walls, curbs or similar solid constructions, except as approved by the City Engineer. FM CE 67. Prior to issuance of grading permit, the applicant shall have approved by the City Engineer, an Urban Stormwater Mitigation Plan that incorporates appropriate post construction best management practices (BMPs), maximizes pervious surfaces, and includes infiltration into the design of the project to the extent technically feasible.. GP CE 20 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0098 (Annex Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Fi nal Map TO: Temporary Occupancy FI: Final inspection 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 68. The applicant must obtain coverage under a statewide General Construction Activities Stormwater Permit (General Permit). In accordance with the General Permit, the applicant shall file with the State a Notice of Intent (NOI) for the proposed project. Prior to issuance of grading pe rmit by the City, the applicant shall have approved by the City Engineer a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall include a copy of the NOI and shall reference the corresponding Waste Discharge Identification (WDID) number issued by the State upon receipt of the NOI. BP CE 69. Prior to issuance of a grading permit applicant shall consult with the Central Coast RWQCB regarding further actions with the groundwater plume on the Walmart site. Consultation shall result in written confirmatio n to the City from the RWQCB Staff of any clean -up, corrective action or monitoring that may be needed prior to, or post construction. GP, BP CE 70. Applicant shall abandon any existing septic system facilities in accordance with City standards prior to approval of site grading. GP, BP CE 71. Prior to the issuance of building permits the applicant shall provide for the detention and metering out of developed storm runoff so that the peak runoff and its associated duration is equal to or less than undeveloped storm runoff quantities to the satisfaction of the City Engineer. GP, BP CE 72. Drainage basins shall be designed to desilt, detain and meter storm flows as well as release them to natural runoff locations. GP, BP CE 73. Prior to the issuance of building permits the applicant shall show the method of dispersal at all pipe outlets. Include specifications for size and type. GP, BP CE 74. Prior to storm drain plan approval, the applicant shall obtain all easements needed for future storm drainage system maintena nce by the City. GP, BP CE 75. Prior to the issuance of building permits the applicant shall show method of stormwater conveyance to approved off -site drainage facilities . GP, BP CE 76. Concentrated drainage from off -site areas shall be conveyed across the project site in drainage easements. Applicant shall acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the hi storic path, rate and velocity as prior to the subdivision. GP, BP CE SEWER AND UTILITIES 77. Prior to issuance of building permits for each component of the Specific Plan, the project applicant shall submit plans to the City for approval that demonstrate compliance with the City Sanitary Sewer Management Plan, including City standards for the Fats, Oils and Grease (FOG) Program; and the installation of adequately sized grease interceptors for all food service establishments, gas stations, auto shops, etc. BP CE 21 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0098 (Annex Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Fi nal Map TO: Temporary Occupancy FI: Final inspection 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 78. Existing sewer manhole frame and covers relocated or adjusted due to street or other construction shall be replaced with current City Standard Manhole Cover per Standard Drawing No. 608 or as required by the City Engineer. GP, BP CE 79. All existing above ground utilities shall be undergrounded on project frontage in the 10 foot wide PUE. GP, BP CE 80. All sewer system plans shall be reviewed and approved by the City Engineer. GP, BP CE 81. Prior to sewer plan approval, the applicant shall provide a sewer area study in accordance with City policies for review and approval by the City Engineer. GP, BP CE 82. All onsite private sewer mains and laterals shall be privately owned and maintained. Sewer mains in Public Roads shall be owned and maintai ned by the City. FM CE 83. Prior to recording the final map, provisions for the repair and maintenance of the private sanitary sewer system shall be included in the CC&R’s for the development. Included shall be a mechanism to maintain the private sewer and structures, such as a maintenance association. The City Engineer and City Attorney shall approve the final form prior to recordation. FM CE 84. Applicant shall pay all sewer fees including extension (Annexation), Connection and Reimbursement fees (if applica ble) prior to issuance of each building permit. BP CE 85. Private gravity mains within the specific plan area shall be sized and installed in accordance with the Uniform Plumbing Code. Public gravity mains within the specific plan area shall be a minimum of eight (8) inches in diameter. BP CE 86. Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. BP CE 87. All sanitary sewer (SS) mains shall terminate in manholes unless extension of the main, at some later date, is an ticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection. BP CE EASEMENTS 88. A ten (10) foot Public Utility Easement (PUE) shall be provided contiguous to the property frontage. Modifications may be made to the width on case by case basis as allowed by the City Engineer. FM CE TRAFFIC 22 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0098 (Annex Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Fi nal Map TO: Temporary Occupancy FI: Final inspection 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 89. Intersection improvements shall have a minimum vehicle stacking distance in accordance with the EIR Traffic Study. GP, BP CE 90. The applicant shall, to the City Engineer’s satisfaction, comply with all transportation mitigation measures and time frames contained in the City Council adopted Mitigation Monitoring and Reporting Program 91. The applicant shall include low glare, LED cobra style street lights in the offsite improvement plans. Light spacing shall be based on the AASHTO Roadway Lighting D esign Guide (2005). Light color shall be approved by the City Engineer. 92. The location, width and depth of all project driveways shall substantially conform to the approved Parcel Map. This shall be shown on all applicable plans prior to issuance of firs t building permit. No additional driveways shall be permitted along the project frontage. GP, BP CE 93. Any dead -end drive aisles shall have a hammerhead or turn - around area to facilitate vehicular movements. This shall be shown on all applicable plans prior to issuance of first building permit. GP, BP CE 94. The site shall be designed to adequately accommodate all vehicles (e.g. automobiles, vans, trucks) that can be expected to access the site. This includes, but is not limited to, adequate maneuvering areas ar ound loading zones and parking spaces, and appropriate turning radii. GP, BP CE TRANSIT/ BUS STOP 95. The Walmart and Annex sites shall provide a bus stop at the El Camino Real frontage fronting both the Walmart and Annex frontage as shown on Master Plan of Development. The bus stop shall be designed and constructed to the City Engineer’s satisfaction and include the following elements: a. A 8’X14’ permanent, City approved transit shelter structure, that compliments the architecture of the development it fron ts, and includes a bench, trash receptacle, solar lighting (all electrical conduits shall be located within the shelter structure), bicycle racks and rain gutters. b. Color elevations and materials board for the proposed bus shelter structure shall be supplie d to the Community Development Director, for review and approval, prior to construction. BP CE 96. The bus stop shall comply with all ADA and State accessibility regulations as specified in the most recent version of the California Disabled Accessibility Guid ebook (CalDag). Proposed disabled access shall be delineated on construction plans. EP CE 97. The bus stop location shall be a minimum of 100’ from the intersection of Del Rio Road and El Camino Real or as approved by the City Engineer. End of Conditions EP 23 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 3: Draft Resolution 2017 -A PLN 2007 -124 6 DRAFT RESOLUTION PC 201 8 -A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO , CALIFORNIA , APPROVING A ONE -YEAR TIME EXTENSION OF AN APPROVED VESTING TENTATIVE PARCEL MAP AND CONDITIONAL USE PERMIT (TPM 2011 -0098 / CUP 2009 -0237 ) 1950 EL CAMINO REAL (MP Annex, LLC ) WHEREAS , the applicant, MP Annex, LLC , has applied for an extension of a V esting T entative P arcel M ap that proposes a subdivision of 11.3 gross acres into four parcels consisting of 8 parcels for commercial / retail development and one (1) remainder parcel for the development of six (6) residential lots ; and WHEREAS , the City Council approved a Vesting Tentative Parcel Map and Conditional Use Permit on July 12, 2012; and WHEREAS, the automatic one -year Time Extension via A B 116 went into effect July 11 , 201 3 , setting the expiration date to July 12, 201 6 ; and, WHEREAS, the Community Development Director approved a one -year time extension on June 24 , 2016 , consistent with Atascadero Municipal Code section 9 -2.117(a), setting the expiration date to July 12, 2017 ; and, WHEREAS, the Planning Commission approved a one -year time extension on August 1, 2017 , settin g th e expiration date to July 12, 2018; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, California, takes the following actions: SECTION 1 : Findings for approval of a T ime E xtension: The Planning Commission makes the following findings consistent with Atascadero Municipal Code S ection 9 -2.117(a) A . FINDING: There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement; FACT: There have been no applicable changes to the General Plan or zoning regulations since the project was entitled on July 12, 2012. All conditions of approval and required mitigation measures are to be completed by all proj ects 24 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero within the adopted Specific Plan overlay zone (SP -2) in addition to all applicable zoning requirements and General Plan requirements. B . FINDING: There have been no changes in the character of the site or its surroundings which affect how the standar ds of the General Plan or zoning regulations apply to the project. FACT : The site remains vacant. The surrounding properties have yet to develop ; therefore , there have been no changes in the character or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project. The proposed project is being built out in phases as approved. SECTION 2: Approval: The Planning Commission does hereby approve a one -year Time Extension of TPM 20 11 -009 8 , resetting the expiration date to July 12, 201 9 . 25 I TEM 2 | 7/17 /2018 Del Rio Road Specific Plan PLN 2007 -1246 / MP Annex, LLC 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: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jerel Seay Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 26 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn 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 2007 -1245 (TEX 18 -0045) Vesting Tentative Parcel Map Time Extension RECOMMENDATION(S): Staff recommends Planning Commission adopt Resolution PC 201 8 -A, approving a one -year time extension of Vesting Tentative Parcel Map 2009 -0095 (AT 09 -0073) and CUP 2009 -0238 in compliance with Sections 11 -4.23(a) and 11 -4.33(b) of the Subdivision Ordinance (Title 11). Project Info In -Brief: PROJECT ADDRESS: 2055 El Camino Real Atascadero, CA APN 049 -112 -002, 018, 019, 022, 036, 039, 049 -151 -005, 036, 037, 040, 041 PROJECT PLANNER Phil Dunsmore, AICP Community Dev. Director 805 -470 - 3488 pdunsmore @atascadero.org APPLICANT Sheetal K. Bhatt, Kimley -Horn, 555 Capitol Mall Suite 300, Sacramento CA 95814 PROP ERTY OWNER Walmart Stores, INC, 2001 S.E 10 th Street, Bentonville, AR 72716 -0550 GENERAL PLAN DESIGNATION: ZONING DISTRICT : SITE AREA EXISTING USE PROPOSED USE General Commercial (GC) Commercial Retail (CR) / SP -2 26.2 acres Vacant / Colony House General Retail ENVIRONMENTAL DETERMINATION ☒ Environmental Impact Report SCH: 2010051034 ☐ Negative / Mitigated Negative Declaration No. ___________ ☐ Categorical Exemption CEQA – G uidelines Section 153 ____ ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 27 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn 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) / SP -2 Residential Multi - Family (RMF -20) / Residential Suburban (RS) Residential Suburban (RS) Commercial Park (CPK) / Planned Development Overlay Background: The Del Rio Road Commercial Area Specific Plan was adopted on July 12, 2012. It included two components; a Walmart component and a n “Annex” component. On the Walm art portion of the site, the approval included a Vesting Tentative Parcel map that resulted in a 4 -lot sub division for the southwest corner of Del Rio Road and El Camino Real. The 4 -lot map accommodates a large retail site, two smaller commercial lots, and a lot for multi -family housing. Walmart Stores , Inc . is actively pursuing listing the properties for sa le . Approving this map extension will maintain the entitlements adding value to the site as a buyer for the project site is sought. A future owner can then continue to develop the site consistent with the Del Rio Specific Plan. Analysis: The Subdivisi on Map Act mandates an initial two -year life and, by local ordinance, the City may extend the time at which the map expires in one year increments not to exceed a total of five years (these are discretionary extensions). The application for the 28 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero extension must be filed prior to the expiration date. In 2013, the State passed assembly bill 116 (AB 116) that granted an automatic two year extension to all active maps. Based on the limitations of the Subdivision Map Act, the map may be eligible for future extensions as this is the third discretionary extension and up to five may be allowed. Map History : Approva l Expiration Original Approval 7 /12/2012 7/12/2014 Automatic Extension (A B 116) 7/1 1 /201 3 7/12/2016 PC Extension (in lieu of Director) 8 /16 /2016 7/12/2017 PC Extension 6/28 /2017 7/12/2018 Proposed PC Extension 7/17/2018 7/12/2019 The Planning Commission has discretion on whether they want to extend the map, or they can defer the decision to the City Council. The Commission or City Council may also decide whether project conditions should be added, modified, or deleted. Conclusion: The applicant is working toward sale of the property and project entitlements . No factors have changed to warrant reconsideration of project conditions or entitlements. Staff recommends the Planning Commission approve the Time Extension as requested. ENVIRONMENTAL DETERMINATION : This project i s a necessarily included element of the proje cts considered in Final EIR SCH #2010051034 , certified by the City Council on June 26 , 20 12 , which adequately addressed the effects of the proposed project. 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 not have been known when the Final EIR No. 2010051034 was certified has become known. Therefore, no further environmental review is required. FINDINGS: A Vesting Tentative Tract Map was approved as part of th e project consistent with the Del Rio Road Commercial Area Specific Plan. The Vesting Tentative Parcel Map was conditioned to meet all City standards including on -site and off -site street improvements. Time Extension Findings The following are required f indings that must be made by the Planning Commission to extend VTPM 2009 -0095 (AT 2009 -0073), consistent with section 9 -2.117 of the Atascadero Municipal Code. 29 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 1. There have been no changes to the provisions of the General Plan or zoning regulations applicab le to the project since the approval of the entitlement (AMC 9 -2.117(a)(1)); 2. There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project (AMC 9 -2.117(a)(2)). ALTERNATIVES: 1. The Commission may approve the Time Extension subject to additional or revised project conditions. 2. The Commission may deny the Time Extension if it is found to be inconsistent with the General Plan or any of the other requir ed findings. The Commission’s motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant o n required information. ATTACHMENTS: 1. AT 2009 -0073 2. Conditions of Approval TPM 2009 -0095 3. Draft Resolution 201 8 -A 30 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: AT 2009 -0073 PLN 2007 -1245 31 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Conditions of Approval – VTPM 2009 -0095 PLN 2007 -1245 Conditions of Approval TPM 2009 -0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. This Vesting Tentative Map (TPM 2009 -0095) is for the reconfiguration of eleven (11) lots of record into four (4) legal lots of record described on the attached exhibits and shall apply to the APNs 049 -112 -002, 018, 019, 022, ,036, 039, 049 -151 -005, 036, 037, 040, 041 regardless of owner. FM PS 2. The approval of this vesting tentative parcel map shall become final and effective for the purposes of issuing building permits fourteen (14) days following City Council approval of TPM 2009 -0095 unless prior to that time, an appeal to the de cision is filed as set forth in Section 9 -1.111(b) of the Zoning Ordinance. On -Going PS 3. Approval of this Vesting Tentative Map shall be valid for twenty -four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit or a time extension has been granted. FM PS 4. A final parcel map drawn in substantial conformance with the approved vesting tentative map, and in compliance with all conditions set fort h herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City’s Subdivision Ordinance. FM PS 5. The subdivider shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and emplo yees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision pursuant to the terms set forth in the Indemnity and Reimbursement Agreement entered into by and between the City of Atascader o and Wal -Mart Stores, Inc. on May 10, 2011. FM PS 6. The parcel map shall be subject to additional fees for park or recreation purposes (QUIMBY Act) as required by City Ordinance. FM PS 7. All maintenance costs listed below shall be 100% funded by the project in perpetuity, except for public facilities that are planned for an d currently maintained by the City of Atascadero. The service and maintenance cost shall be funded through an entity or mechanism established by the developer, subject to City Staf f approval. This entity or mechanism must be in place prior to, or concurrently with acceptance of any final map(s). The entity or mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map(s). The administration of the above mentioned funds, and the coordination and performance of maintenance activities, BP PS 32 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection 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 shall be the responsibility of the entity or mechanism. a) All streets, bridges, sidewalks, streetlights, street signs, roads , emergency access roads, emergency access gates, traffic control signals, pavement markings and sewer mains within the proposed project including residential streets within any residential subdivision, as shown in Exhibit B . Exception: new collector stree t located south of Walmart store within the Specific Plan area will be maintained by the City of Atascadero. b) All landscaping and lighting within the proposed project area as shown in Exhibit B. c) All creeks, flood plains, floodways, wetlands, and riparian ha bitat areas that may be within the boundaries shown in Exhibit B. d) Property line walls, fences, retaining walls, solid waste storage areas, signs, slopes, and parking lots within the boundaries shown in Exhibit b. e) Open areas on private property within the p roposed project area including detention facilities, bio -swales, and other low - impact -development features as shown in Exhibit B. f) Newly constructed drainage facilities on private property within the proposed project area as shown in Exhibit B. g) Landscaped f rontages within the right -of -way of all public streets within the defined specific plan boundary. h) On -site sewer and storm drains located outside of the right -of - way. 8. Prior to final map, the applicant shall submit CC&Rs for review and approval by the Community Development Department. The CC&R’s shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including parking lot, landscape areas, free standing signs, lighting and solid waste storage. b) Provisions for the shared use of parking areas, drive aisles, walkways and solid waste storage. c) Maintenance of on -site sewer and storm drainage systems. d) Ensuring compliance with the Specific Plan Master Plan of Development. e) Standards for the design, maint enance and appearance of buildings, signs, common areas and parking lots. BP PS 33 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection 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 f) A provision for review and approval by the City Community Development Department for any changes to the CC&R’s that relate to the above requirements prior to the changes being record ed or taking effect. 9. All subsequent Tentative Maps and improvements shall be consistent with the Del Rio Road Commercial Area Specific Plan Master Plan of Development. FM PS, CE 10. Concurrently with recordation of Final Map, the applicant shall report all necessary reciprocal easements for parking, vehicular access, solid waste storage, pedestrian access among all lots within the project boundary. Reciprocal access easements shall be provided to all contiguous off -site commercial parcels consistent wi th the Del Rio Road Commercial Area Specific Plan. FM PS, CE Fire Department 11. Prior to occupancy of the first building, the applicant shall paint curbs red with white lettering every 50 feet stating “No Parking – Fire Lane” along all driveways with a curb -to -curb width of less than 34 -feet. This shall be shown on all applicable plans prior to issuance of first building permit City Engineer / Public Works Specific Project Conditions PUBLIC IMPROVEMENTS 12. All public improvements shall be installed prior to recordation of a Final Map to insure orderly development of the surrounding area consistent with section 66411.1(b)(2) of the Subdivision Map Act. In the event that the applicant bonds for the public improvements required as a condition of the Final Parcel Map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council prior to recordation of the Final Map. (Map Act 66462.5(a)(1)) GP, BP, FM CE 13. An engineer’s estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. The engineer’s estimate of probable cost shall use the County of San Luis Obispo Standard Costs for Public Works Engineering or other estimate acceptable to the City Engineer. GP, BP, FM CE 14. Prior to recordation of the Final Parcel Map, the applicant shall enter into an agreement to complete the off -site improvements required as a condition of the Final Map and the Subdivision Improvement Agreement, at such time the City acquire s a title interest in the land that will permit the improvements to be made. FM CE 34 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection 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 (Map Act 66462.5(c)) 15. The Subdivision Improvement Agreement shall record concurrently with the Final Map FM CE PARCEL MAPS 16. Prior to recording the Final Parcel Map, the applicant shall file a Final map drawn in substantial conformance with the approved Vesting Tentative Parcel Map, all applicable Mitigation Measures requirements and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. FM CE 17. The applicant shall secure, at the applicant's expense, sufficient title, or interest in land to permit construction of any off -site improvemen ts that the applicant is required to construct. a. If the applicant is unable to acquire sufficient title or interest to permit construction of the required off -site improvements, the applicant shall notify the City of this inability not less than six month s prior to approval of the Parcel Map. In such case, the City may thereafter acquire sufficient interest in the land, which will permit construction of the off -site improvements by the applicant. b. The applicant shall pay all of the City's costs of acquiring said off -site property interests pursuant to Government Code Section 66462.5 et. seq. Applicant shall pay such costs irrespective of whether the Parcel Map is recorded or whether a reversion occurs. The cost of acquisition may include, but is not limited to, acquisition prices, damages, engineering services, expert fees, title examination, appraisal costs, acquisition services, relocation assistance services and payments, legal services and fees, mapping services, document preparation, expenses, and/or dam ages as provided under Code of Civil Procedures Sections 1268.510 -.620 and overhead. c. The applicant agrees that the City will have satisfied the 120 - day limitation of Government Code Section 66462.5 and the foregoing conditions relating thereto when it file s its eminent domain action in superior court within said time. d. At the time the applicant notifies the City as provided in “B” hereinabove, the applicant shall simultaneously submit to the City in a form acceptable to the City all appropriate appraisals, e ngineering specifications, legal land descriptions, plans, pleadings, and other documents deemed necessary by the City to commence its acquisition proceedings. Said documents FM CE 35 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection 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 must be submitted to the City for preliminary review and comment at least 30 days prior to the applicant's notice described hereinabove at “B”. e. The applicant agrees to deposit with the City, within five days of request by the City, such sums of money as the City estimates to be required for the costs of acquisition. The City may requir e additional deposits as needed. f. The applicant shall execute any agreements mutually agreeable prior to approval of the Parcel Map as may be necessary to assure compliance with the foregoing conditions. Failure by the applicant to notify the City as requi red by “b” hereinabove, or simultaneously submit the required and approved documents specified in “e” hereinabove, or make the deposits specified in “f” hereinabove, shall constitute applicant's waiver of the requirements otherwise imposed upon the City to acquire necessary interests in land pursuant to Section 66462.5. In such event, subdivider shall meet all conditions for installing or constructing off -site improvements notwithstanding Section 66462.5. 18. Concurrent with Final Parcel Map approval, the applicant shall record a reciprocal access easement and maintenance agreement for all shared driveways and drive isles within the project site as well as adjacent commercial lots, as required by the City Engineer and/or the Del Rio Road Commercial Area Specific Plan. FM CE 19. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the Vesting Tentative Parcel Map. A final subdivision guarantee is required prior to Final Parcel Map approval. FM CE 20. The Final Parcel Map shall be acceptable to the City Engineer or Surveyor prior to the map being placed on the agenda for City Council acceptance . FM CE 21. Prior to recording the Final Parcel map, the applicant shall pay all outstanding plan check or inspection fees . FM CE 22. Prior to recording the parcel map, the applicant shall submit a copy of a valid San Luis Obispo County tax bond FM CE 23. Prior to City Surveyor or Engineer approval of the Final Parcel Map, the applicant shall dedicate all necessary right -of -ways, storm drain easements, sewer easements, or other public utility easements by the map or separate documents. FM CE 24. Prior to recording the Final Parcel map, the applicant shall bond for or set monuments at all new property corners. A registered civil engine er or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a FM CE 36 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection 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 date specific and that they will be sufficient to enable the survey to be retraced. If the property corners are not set prior to map recordation, the applicant shall bond the property corner installation. 25. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the Final Parcel map. If there are building or other restrictions related to the easements, they shall be noted on the Final Parcel map. The applicant shall show all access restrictions on the Final Parcel map. FM CE 26. Prior to approval of the Final Parcel map by the City Council, the applicant shall have the map reviewed by all ap plicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easemen ts that may be required by the utility company. A copy of the letter(s) shall be submitted to the City. New easements shall be shown on the Final Parcel map. FM CE 27. Prior to Final Parcel Map approval by the City Council, the applicant shall remove existi ng structures from each lot. FM CE 28. Prior to Final Parcel Map approval applicant shall quitclaim or relocate any easement in conflict with proposed structures or other obstruction(s), as required by the City Engineer. FM CE 29. A Lighting and Landscape District funding mechanism to provide for the maintenance for lighting, medians, special paving surfaces, storm drain, and hardscape shall be provided and accepted by the City Engineer prior to Final Parcel Map recordation. FM CE OFFSITE IMPROVEMENT PLANS 30. Prior to the issuance of an encroachment permit(s) for construction of any offsite improvements, the applicant(s) shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, traffic control and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. The Submitted plans shall be in conformance with the requirements of the Vesting Tentative Map, City Standard Specifications and Draw ings and Specific Plan . GP, BP CE 31. Prior to the issuance of any onsite improvement Building Permit, the on -site public improvements shall be designed in accordance with the Vesting Tentative Parcel Map, Specific Plan, City Engineering Specifications and Drawings or as required by the City E ngineer. GP, BP CE 32. All offsite and onsite public improvements shall be constructed in conformance with the City of Atascadero Engineering Department GP, BP CE 37 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection 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 Standard Specifications and Drawings or as required by the City Engineer 33. The project shall in clude construction of all vehicular lanes, curbs, gutters and sidewalks along entire frontage as shown on the Master Plan of Development, Specific Plan, or Vesting Tentative Parcel map. GP, BP CE 34. Prior to issuance of encroachment permits for public improv ements (Street, Sewer, Storm Drain, Water), the applicant, by written agreement with the City Engineer, shall guarantee installation of the improvements through faithful performance bonds, letters of credit or any other acceptable means. Building final sha ll be withheld if the improvements are not completed. The faithful performance bonds/letters of credit/or other financial means shall include an inflation factor that is satisfactory to the City Engineer. EP CE 35. El Camino Real shall be shown on the Final Parcel Map as an arterial street with a minimum right of way half width of 50 -feet, per City Standard Drawing No. 407. The applicants shall acquire and dedicate to the City the right -of -way required for all street improvements as identified in the Final E nvironmental Impact Report Traffic Study, the Vesting Tentative Map, and Specific Plan. The Applicant shall provide sufficient right of way to convert the intersection at Del Rio Road/El Camino Real to a modern roundabout. The roundabout will require an in scribed diameter of approximately 160 feet and will include a combination of single and dual circulating lanes. Single -lane approaches are required for the southbound and westbound entrances. The northbound approach shall include a dual -lane entry with a l eft -only lane and a shared through/right -turn lane. The eastbound approach shall include a shared through/left -turn lane and a 125 -foot long right - turn lane. Travel lanes shall be a minimum of twelve foot wide. The roundabout shall include facilities for pedestrians and bicyclists The applicants shall design the roundabout in conformance with the conceptual plan is shown in Figure 3 of the Del Rio Road Area Specific Plan Transportation Impact Analysis for the City of Atascadero February 6, 2012. The Appli cant is responsible for all frontage improvement costs. FM CE 36. Prior to recordation of the Final Parcel Map, The applicant shall revise the unnamed public street and El Camino Real signalization plans to include bicycle loop detectors and dedicated left turn lanes for all directions of traffic. The signal shall be installed prior to Walmart building final. Walmart shall pay all costs associated with the signal’s installation. FM PS, CE 38 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection 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 37. Del Rio Road shall be shown on the Final Parcel Map as a collector street with a minimum width of 60 -feet, per City Standard Drawing No. 406. Del Rio Road shall be designed to include a center turn lane into the Walmart and Annex sites as well as Obispo Road. FM CE 38. The unnamed public road at the south end of the Walmart site shall be shown on the Final Parcel Map as a collector street with a minimum width of 60 -feet, per City Standard Drawing No. 406. FM CE 39. The Walmart offsite improvement plans shall include:: a. A left turn pocket for the driveway across from the Annex Project. b. A left turn pocket at the proposed public street. c. A left turn pocket for the Walmart driveway across from the Annex Project. d. A southbound left turn pocket at the proposed public street FM CE 40. The proposed signalization of the intersection of the proposed public street into the Walmart site from El Camino Real, including bicycle loop detectors. The signal shall be installed prior to Walmart Building final. Walmart shall be responsible for the cost of installing these improvements. BP CE 41. The applicant(s) shall improve the intersection of Del Rio Road and Rio Rita Road to meet site distance, horizontal and vertical alignment standards of the City Engineering Standards. The proposed improvements shall be acceptable to the City Engineer. BP, GP CE 42. Prior to Final Parcel Map approval, the applicant(s) shall dedicate sidewalk easements sufficient to encompass accessibility requirements for sidewalks installed with drive approaches in accordance with the current City standard. FM CE 43. Applicant(s) s hall submit a composite utility plan, signed by PG&E, AT&T, Charter Cable TV and Southern California Gas Company indicating location of all underground utilities that will serve the project. New or relocated undergrounded facilities will be installed in a n up to 10 foot wide PUE. Plan shall be reviewed and approved by the City Engineer prior to approval of public improvement plans. GP, BP CE 44. Prior to building final, all new and existing power lines and overhead cables less than 34 KV within or fronting the project site shall be installed underground. GP, BP CE 45. Prior to street improvement plan approval by the City Engineer, the applicant shall submit a street tree location plan to the Community Development Department for review and approval. The location of the street trees shall not conflict with sewer or storm drain infrastructure. The plan shall include proposed sewer lateral locations and storm drain infrastructure for reference. GP, BP PS, CE 39 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection 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 46. Prior to the Final Parcel Map being filed with the County Recorder, the applicant shall not grant or record easements within areas proposed to be granted, dedicated, or offered for dedication for public streets or highways, access rights, building restriction rights, or other easements; unless subordinated to th e proposed grant or dedication. If easements are granted after the date of tentative map approval, subordination must be executed by the easement holder, to the satisfaction of the City En gineer, prior to the filing of the Parcel Map. FM CE 47. Prior to building final, the applicant(s) shall construct onsite and offsite street pavement in accordance with one of the following two options: a. The applicant shall construct the full pavement section including the final lift of asphalt to finish grade in conformance with the design Traffic Index. Prior to building final, the applicant shall refurbish the pavement to the satisfaction of the City Engineer. b. The applicant shall construct a pavement section that is a minimum of 1½” lower than finish grade, in conformance with the design Traffic Index. Prior to building final, the applicant shall refurbish the pavement, and complete the final lift of asphalt to meet finish grade to the satisfaction of the Cit y Engineer GP, BP CE 48. Prior to building final, the applicant shall construct and final full street improvements as shown in the Specific Plan and required by the mitigation monitoring program within the affected portion of the project site, as well as the required offsite street improvements to the satisfaction of the City Engineer. BP CE 49. Prior to building final, the applicant(s) shall install a community mailbox and post in accordance with the City’s standards, and secure approval of the U.S. Postal Servi ce prior to installation. The community mailboxes shall not cause a sight distance obstruction and shall have a minimum four foot clear zone behind the mailbox. FO CE 50. Prior to building final, the applicant shall construct accessible ramps at intersections, as required by the City Engineer. FO CE 51. Prior to building final, the applicant shall repair any broken or damaged curb, gutter and sidewalk, and repair or reconstruct the half section plus 10 feet of pavement on onsite or offsite streets wi thin or near the project. All damaged facilities shall be repaired to the City Engineer’s satisfaction. FO CE 52. Prior to the construction of offsite improvements , the project applicant(s) shall prepare and submit a Construction Traffic Control Plan for review and approval by the City Engineer. The EP CE 40 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection 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 plan shall identify routing for all delivery and haul trucks and, if necessary, limit deliveries to non -peak times. T o the extent feasible, truck routing should avoid travel through residential areas and emphasize the use of US 101. The plan shall be developed in conformance with the California MUTCD, latest edition. The plan shall include the following provisions: a. Main tain access for land uses in proximity of the project site during project construction. b. Schedule deliveries and pick -ups of construction materials to non -peak travel periods, to the maximum extent feasible. c. Coordinate haul trucks, deliveries and pick -ups t o reduce the potential of trucks waiting to load or unload for protracted periods of time. d. Minimize obstruction of through traffic lanes on surrounding public streets. e. Construction equipment traffic entering and exiting the project site shall be controlled by flagman. f. Identify designated transport routes for heavy trucks (in addition to haul trucks) to be used over the duration of the proposed project. g. Schedule vehicle movements to ensure to the maximum extent feasible that there are no vehicles waiting off site and impeding public traffic flow on the surrounding streets. h. Establish requirements to ensure the safety of the pedestrians and access to local businesses. i. Coordinate with adjacent businesses and emergency service providers to ensure adequate access e xists to the project site and neighboring businesses. j. Prohibit parking for construction workers except on the project site and any designated off -site parking locations. These off - site locations shall not include adjacent commercial center parking lots or residential streets and will require the approval of the City Engineer. GRADING 53. The applicant shall, to the City Engineer’s satisfaction, comply with all Geology, Soils and Seismicity mitigation measures and time frames contained in the City Council adopted Mitigation Monitoring and Reporting Program. 54. Prior to issuance of grading permit, the applicant shall submit a grading plan consistent with the approved tentative map, Master Plan of Development, Specific Plan, arborist report and condit ions of approval. The grading plan shall be based on a detailed GP, BP CE 41 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection 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 engineering geotechnical report specifically approved by the geologist and/or soils engineer that addresses all submitted recommendations. 55. The applicant shall comply with the following requirements for the soil hauling operation:: a. Obtain an encroachment permit from the City Engineer for the work. b. The hours of operation shall be between 8:30 am to 3:30 pm, Monday through Friday. c. Provide non -stop street sweeping service on all Ci ty streets along the haul route during all hours of work to the satisfaction of the City Engineer. d. Provide traffic control and flagging personnel along the haul route to the satisfaction of the City Engineer. e. Obtain an encroachment permit from the City Engineer for the work. f. The hours of operation shall be between 8:30 am to 3:30 pm, Monday through Friday. g. Provide street sweeping service on all City streets along the haul route during all hours of work on a schedule approved by the City Engineer GP, BP C E 56. Prior to issuance of a grading permit, the applicant(s) shall sign a Haul Route Repair Agreement and pay a Haul Route Pavement Repair Security Cash Deposit (Deposit) of $100,000, which may be increased or decreased based upon an estimated cost to comple te the repairs of streets damaged during the dirt hauling operation. The limits and scope of the repairs shall be determined by the City Engineer. In order to receive a refund of the Deposit, the applicant or subsequent property owners shall complete any r equired pavement repairs to the satisfaction of the City Engineer within six months from the completion of the dirt hauling operation or prior to issuance of Building Permits. If the pavement repairs are not completed within six months, the City may use th e Deposit to complete the repairs and for any incurred staff and administrative costs. Any funds remaining at the completion of the repairs will be refunded to the applicant. If the Deposit is insufficient to complete the repairs, the City shall seek addi tional funds from the applicant GP, BP CE DRAINAGE 57. Prior to grading permit issuance, the applicant shall obtain City Engineer approval of a drainage study for the proposed private onsite and public offsite storm drain system from the City Engineer. The study shall demonstrate that runoff generated GP CE 42 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection 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 onsite will not negatively affect downstream waterways or properties. Onsite and offsite storm drain facilities shall comply with City Engineering Drainage Standards. 58. The applicant shall, to the City Engineer’s satisfaction, comply with all stormwater mitigation measures and time frames contained in the Mitigation Monitoring and Reporting Program. 59. Prior to issuance of permits affecting Caltrans right -of -way, the applicant shall submit evidence of written approval for the proposed construction within the Caltrans right -of - way to the City Engineer. GP CE 60. Maintenance responsibilities for all slopes, retaining walls, drainage devices, and erosion and sedimentation control devices/systems not accep ted by the City shall be the responsibility of the property owner in perpetuity. GP, BP CE 61. Prior to grading permit issuance, the applicant shall obtain and submit to the City a notarized Letter of Permission for grading over all easements. GP CE 62. Prior to grading permit issuance, the applicant shall obtain a notarized Letter of Permission for grading outside of the property lines/tract boundary from the affected property owner(s). GP CE 63. Prior to grading permit, the applicant shall obtain a notarized Accep tance of Drainage from all affected property owners if drainage is being diverted to areas that currently do not accept the drainage. GP CE 64. Prior to issuance of grading permit, the applicant shall record in the Office of the County Recorder any needed slope easements from adjacent property owners, as directed by the City Engineer. GP CE 65. Prior to issuance of grading permits in Jurisdictional Waters of the United States, the applicant shall acquire permits from the Army Corps of Engineers, California Dep artment of Fish and Game, and the Regional Water Control Board for any work within any natural drainage course. A copy of the permits, or a response letter from each agency indicating a permit is not required, shall be submitted to the City prior to issua nce of grading permits. GP CE 66. The applicant or subsequent property owners shall be responsible for providing regularly scheduled maintenance of the storm drain infrastructure, as required by the City Engineer. CE 67. The applicant shall form an organized drainage maintenance entity to finance the future ongoing maintenance and capital replacement of water quality, low impact development, hydro modification , erosion and sedimentation devices/systems identified on the pr oject’s approved storm drain plan. The applicant shall pay for all costs associated with the formation of the maintenance entity. Water quality, erosion and sedimentation FM CE 43 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection 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 devices/systems shall include but are not limited to catch basin inserts, debris exc luders, bio -treatment basins, vortex separation type systems, and other devices/systems for storm water quality. The applicant shall be responsible for the maintenance of all project water quality, erosion and sedimentation devices/systems until the distri ct has been established 68. Prior to Final Parcel Map approval, the applicant shall place a note on the map, prohibiting the lot owners within this development from interfering with the established drainage master plan and from erecting walls, curbs or similar solid constructions, except as approved by the City Engineer. FM CE 69. Prior to issuance of grading permit, the applicant shall have approved by the City Engineer, an Urban Stormwater Mitigation Plan that incorporates appropriate post construction be st management practices (BMPs), maximizes pervious surfaces, and includes infiltration into the design of the project to the extent technically feasible. GP CE 70. The applicant must obtain coverage under a statewide General Construction Activities Stormwater Permit (General Permit). In accordance with the General Permit, the applicant shall file with the State a Notice of Intent (NOI) for the proposed project. Prior to issuance of grading permit by the City, the applicant shall have approved by the City Engin eer a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall include a copy of the NOI and shall reference the corresponding Waste Discharge Identification (WDID) number issued by the State upon receipt of the NOI. BP CE 71. Prior to issuance of a grad ing permit applicant shall consult with the Central Coast RWQCB regarding further actions with the groundwater plume on the Walmart site. Consultation shall result in written confirmation to the City from the RWQCB Staff of any clean -up, corrective action or monitoring that may be needed prior to, or post construction. GP, BP CE 72. Applicant shall abandon any existing septic system facilities in accordance with City standards prior to approval of site grading. GP, BP CE 73. Prior to the issuance of building p ermits the applicant shall provide for the detention and metering out of developed storm runoff so that the peak runoff and its associated duration is equal to or less than undeveloped storm runoff quantities to the satisfaction of the City Engineer. GP, BP CE 74. Drainage basins shall be designed to desilt, detain and meter storm flows as well as release them to natural runoff locations. GP, BP CE 75. Prior to the issuance of building permits the applicant shall show the method of dispersal at all pipe outlets. Include specifications for size and type. GP, BP CE 44 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection 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 76. Prior to storm drain plan approval, the applicant shall obtain all easements needed for future storm drainage system maintenance by the City. GP, BP CE 77. Prior to the issuance of building permits the app licant shall show method of stormwater conveyance to approved off -site drainage facilities . GP, BP CE 78. Concentrated drainage from off -site areas shall be conveyed across the project site in drainage easements. Applicant shall acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the historic path, rate and velocity as prior to the subdivision GP, BP CE SEWER AND UTILITIES 79. Prior to issuance of building permits for each component of the Specific Plan, the project applicant shall submit plans to the City for approval that demonstrate compliance with the City Sanitary Sewer Management Plan, including City standard s for the Fats, Oils and Grease (FOG) Program; and the installation of adequately sized grease interceptors for all food service establishments, gas stations, auto shops, etc. BP CE 80. Existing sewer manhole frame and covers relocated or adjusted due to street or other construction shall be replaced with current City Standard Manhole Cover per Standard Drawing No. 608 or as required by the City Engineer. GP, BP CE 81. All existing above ground utilities shall be undergrounded on project frontage in the 10 fo ot wide PUE. GP, BP CE 82. All sewer system plans shall be reviewed and approved by the City Engineer. GP, BP CE 83. Prior to sewer plan approval, the applicant shall provide a sewer area study for the extension of the unnamed public road on the Walmart site in accordance with City policies for review and approval by the City Engineer. GP, BP CE 84. All onsite private sewer mains and laterals shall be privately owned and maintained. Sewer mains in Public Roads shall be owned and maintained by the City. FM CE 85. Prior to recording the final map, provisions for the repair and maintenance of the private sanitary sewer system shall be included in the CC&R’s for the development. Included shall be a mechanism to maintain the private sewer and structures, such as a maintena nce association. The City Engineer and City Attorney shall approve the final form prior to recordation. FM CE 45 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection 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 86. Applicant shall pay all sewer fees including extension (Annexation), Connection and Reimbursement fees (if applicable) prior to issuance of each building permit. BP CE 87. Private gravity mains within the specific plan area shall be sized and installed in accordance with the Uniform Plumbing Code. Public gravity mains within the specific plan area shall be a minimum of eight (8) inches in diameter. BP CE 88. Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. BP CE 89. All sanitary sewer (SS) mains shall terminate in manholes unless extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersect ion. BP CE EASEMENTS 90. A ten (10) foot Public Utility Easement (PUE) shall be provided contiguous to the property frontage. Modifications may be made to the width on case by case basis as allowed by the City Engineer. FM CE TRAFFIC 91. Intersection improvements shall have a minimum vehicle stacking distance in accordance with the EIR Traffic Study. GP, BP CE 92. The applicant shall, to the City Engineer’s satisfaction, comply with all transportation mitigation measures and time frames contained in the C ity Council adopted Mitigation Monitoring and Reporting Program GP CE 93. The applicant shall include low glare, LED cobra style street lights in the offsite improvement plans. Light spacing shall be based on the AASHTO Roadway Lighting Design Guide (2005). Light color shall be approved by the City Engineer. BP CE 94. Prior to issuance of the first building permit, the applicant shall obtain approval from the City Fire Department for any private driveway sections. GP, BP FD, CE 95. Prior to issuance of the first certificate of occupancy, the applicant shall post “No Parking – Fire Lane” signs along all driveways with a curb -to -curb width of less than 34 -feet. This shall be shown on GP, BP CE 46 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection 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 all applicable plans prior to issuance of first building permit. 96. The loca tion, width and depth of all project driveways shall substantially conform to the approved Parcel Map. This shall be shown on all applicable plans prior to issuance of first building permit. No additional driveways shall be permitted along the project fro ntage. GP, BP CE 97. Any dead -end drive aisles shall have a hammerhead or turn - around area to facilitate vehicular movements. This shall be shown on all applicable plans prior to issuance of first building permit. GP, BP CE 98. The site shall be designed to adequately accommodate all vehicles (e.g. automobiles, vans, trucks) that can be expected to access the site. This includes, but is not limited to, adequate maneuvering areas around loading zones and parking spaces, and appropriate turning radii. GP, BP CE TRANSIT/ BUS STOP 99. The Walmart and Annex sites shall provide a bus stop at the El Camino Real frontage fronting both the Walmart and Annex frontage as shown on Master Plan of Development. The bus stop shall be designed and constructed to the City Engineer’s satisfaction and include the following elements a. A 8’X14’ permanent, City approved transit shelter structure, that compliments the architecture of the development it fronts, and includes a bench, trash receptacle, solar lighting (all electrical c onduits shall be located within the shelter structure), bicycle racks and rain gutters. b. Color elevations and materials board for the proposed bus shelter structure shall be supplied to the Community Development Director, for review and approval, prior to construction. BP CE 100. The bus stop shall comply with all ADA and State accessibility regulations as specified in the most recent version of the California Disabled Accessibility Guidebook (CalDag). Proposed disabled access shall be delineated on constructio n plans. EP CE 101. The bus stop location shall be a minimum of 100 feet from the intersection of Del Rio Road and El Camino Real or as approved by the City Engineer. EP CE Council Conditions Additional Walmart Road Improvement Conditions 102. Applicant shall remove the existing El Camino Real median left - turn pocket for southbound vehicles at the Mission Oaks Shopping Center main driveway and replace it with a northbound refuge FM CE 47 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009 -0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection 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 lane for vehicles exiting the Mission Oaks Shopping Center. Engineering for the pr oposed median improvements shall be included in the El Camino Real roundabout improvement plans subject to approval by City Engineer. 103. Applicant shall include provisions for U -turn traffic turning movement at the southbound left -turn pocket at the proposed intersection of the new collector street and El Camino Real. The bulb -out shown at the northeast quadrant of the intersection on the Specific Plan drawings shall be reduced or eliminated as necessary subject to approval of the City Engineer. The proposed transit stop shall be located north of the clear path required for the subject U -turn movement End of Conditions FM CE 48 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 3: Draft Resolution 201 8 -A PLN 2007 -1245 DRAFT RESOLUTION PC 201 8 -A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE -YEAR TIME EXTENSION OF AN APPROVED VESTING TENTATIVE PARCEL MAP AND CONDITIONAL USE PERMIT (TPM 2009 -0095 / CUP 2009 -0238 / TEX 18 -0045 ) 2055 EL CAMINO REAL (KIMLEY -HORN / WALMART STORES, INC) WHEREAS , the applicant, Kimley -Horn, has applied for an extension of a V esting T entative P arcel M ap that proposes a subdivision of 26.3 gross acres into four parcels consisting of a 19.2 acre parcel for construction of a general retail store, two (2) parcels for construction of r etail / office uses, and a remaining parcel for construction of multi -family units; and WHEREAS , the City Council approved a Vesting Tentative Parcel Map and A Conditional Use Permit on July 12, 2012; and WHEREAS, the automatic one -year Time Extension via A B 116 went into effect July 11, 2013, setting the expiration date to July 12, 201 6 ; and, WHEREAS, the Planning Commission approved a one -year time extension on August 16, 2016, consistent with Atascadero Municipal Code section 9 -2.117(a), setting the expiration date to July 12, 2017; and, WHEREAS, the Planning Commission approved a one -year time extension on June 28 , 2017 , settin g the expiration date to July 12, 2018; and, WHEREAS, the applicant has submitted for a n additional one -year time extens ion for Vesting Tentative Parcel Map entitlements; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, California, takes the following actions: SECTION 1 : Findings for approval of the T ime E xtension: The Planning Commission makes the following findings consistent with Atascadero Municipal Code S ection 9 -2.117(a) 1. FINDING: There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the appro val of the entitlement; 49 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero FACT . There have been no applicable changes to the General Plan or zoning regulations since the project was entitled on July 12, 2012. All conditions of approval and required mitigation measures are to be completed by all projects within the adopted Specific Plan overlay zone (SP -2) in addition to all applicable zoning requirements and General Plan requirements. 2. FINDING: There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project. FACT . The site remains vacant. The surrounding properties have yet to develop ; therefore , there have been no changes in the character or its surroundings which affect how the standards of the G eneral Plan or zoning regulations apply to the project. SECTION 2: Approval: The Planning Commission does hereby approve a one -year Time Extension of TPM 2009 -0095, to expire on July 12, 201 9 . 50 I TEM 3 | 7/17 /201 8 Del Rio Road Specific Plan PLN 2007 -1245 / Kimley -Horn 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: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASC ADERO, CA ______________________________ Jerel Seay Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 51 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES ADDITIONAL INFOR MATION 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 USE 18 -0065 Conditional Use Permit for Outdoor Sales and Storage 6501 Via Avenue RECOMMENDATION : DRC recommends the P lanning Commi ssion adopt PC Resolution 2018 -A approv ing Conditional Use Permit USE 18 -0065 to allow a 2.6 acre outdoor sales and storage yard at 6501 Via Avenue , based on findings and subject to conditions of approval . Project Info In -Brief: PROJECT ADDRESS: 6501 Via Avenue Atascadero, CA APN 028 -201 -004 PROJECT PLANNER Callie Taylor, Senior Planner (805)470 -34 48 ctaylor @atascadero.org APPLICANT William E. Holmes PROP ERTY OWNER Vivian Vetter GENERAL PLAN DESIGNATION: ZONING DISTRICT : SITE AREA EXISTING USE PROPOSED USE Industrial (I) Industrial (I) 7.36 ac . site 2.6 acre lease area Vacant site and metal building Previously used as wrecking yard  Contract Construction Services  Building / Landscape Materials and Hardware  Outdoor commercial sales and storage ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☒ Categorical Exemption CEQA – G uidelines Section 153 01 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 52 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Surrounding Uses / Parcel Configurations : Zoning Aerial North: South: East: West: Railroad & single -family residential (RSF -Y) Industrial (I) Open Space / Atascadero Creek (OS), single -family reside ntial (LSF -Y) Industrial (I), Traffic Way, multi -family residential (RMF -20) Summary: The proposed project includes a C onditional Use P ermit (CUP ) for a 2.6 acre outdoor sales and stor age yard in the Industrial zone . The site is proposed to be used for contract construction services, including storage of large equipment and an office, and for the outdoor sale of building and landscape materials, which would be open to the public. Background: The subject site at 6501 Via Avenue was previously used as a n auto wrecking yard, and has been vacant for over 15 years. Prior to completing any work on site or utilizing the site for a new use, the applicant is required to show that the site has been cleared by County Environmental Health and any harmful materials have been removed from the site. Written confirmation from Environmental Health verifying that the site is cleared for use will be required prior to issuance of a business lic ense for occupancy of the site. Analysis: The two land uses proposed (contract construction services and building/landscape materials sales) are allowed uses in the Industrial zoning district. However, as identified in Atascadero Municipal Code (AMC) section 9 -2.110 , o utdoor commercial and industrial sales and storage developments o f ten thousand (10,000) square feet or more are required to obtain a Conditional Use Permit , even if such a development is listed as 53 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero an allowable use in a particular zoning district. Additionally, the site will include one cargo container which has already been reviewed by the Design Review Committee (DRC) for appearance and location. The applicant has submitted a site plan and project description which identifies two phases for development of the site. The construction yard is proposed as the first phas e, and the landscape supply yard wou ld be established during phase two . The subject site at 6501 Via totals 7.6 acres; however, the applicant’s lease area proposed for the storage yard uses will be less than three (3) acres (approximately 113,200 sq. ft.) in size. The remaining vacant portion at the back of the site will be utilize d for a separate future use. A 3 5 -foot wide accessway to the back of the site will be maintained along the north property line, as recommended by DRC. DRC Review : The City’s Desi gn Review Committee discussed the proposed project on June 27, 2018. The Committee provided recommendations regarding fencing, landscaping, timing of improvements, access, compatibility of use with the surrounding properties and long term performance stan dards . One of the concerns discussed by the DRC was the potential for the site to appear as an unmaintained “storage yard” with items that may not be specifically associated with the business. Subject to specific conditions, t he DRC recommends the Planning Commission approve the proposed storage yard CUP. One of the conditions includes an annual review and option for the City to revoke the use permit should the site not be maintained as a professional business. Landscaping: Site improvements are proposed along Via Avenue and at the front of the storage yard in order to enhance the appearance of the site and to screen the storage yard at the rear of the use area. A site plan has been submitted which identifies a landscape area with street trees along Via Av enue for compliance with AMC section 9 -4.125 (Landscape standards ). The existing dirt areas along the front property line and behind the parking area are proposed to be landscaped. A complete landscape and irrigation plan identifying drought tolerant shrub s and drip irrigation will be required prior to landscape installation. AMC Section 9 -4.125 requires minimum landscape coverage of 5% for Industrial zoned sites. Based on the 2.6 acre lease area, the code requirement is approximately 5660 sq. ft. of lan dscape . The applicant is proposing approximately 1500 sq. ft. of new landscape and street trees at the front of the lot and adjacent to the par king area. A large oak tree is located to the left of the existing building, and some existing trees next to the parking area also provide existing greenery on site. As identified in AMC section 9 -4.125 , Planning Commission may reduce or modify the landscaping requirements of the code if a finding can be made that existing vegetation , topography , or structural arran gement preclude the need for landscaping , or for p rofessionally designed landscaping and preserving existing mature native trees . Due to the large acreage of the subject site and storage yard, DRC recommended that Planning Commission approve the exception for reduced landscape coverage. Additional landscape areas 54 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero within the storage yard would not add significant benefit to the appearance of the site and t he proposed landscape areas at the front of the lot will have the most impact to enhance the property fr ontage. Fencing and Screening : The existing chain link fences and gates at the front property line to the left of the driveway and behind the building and parking areas are proposed to be removed. A new pipe rail fence is proposed along the property fro ntage, and a new 6 foot tall wood fence is proposed at the back of the parking lot to provide screening and security for the storage yard. The site also had a fence along north property line near Atascadero Hay and Feed which was created of mismatched met al and wood. The applicant has removed this fence and is will be replacing with solid wood as part of the first phase of the project. An existing wood fence is located at the back of storage yard to separate the lease area from the unused portion of the lo t to the back. The existing chain link fence with slats to the right of the Via Avenue driveway is proposed to remain along the front property line. DRC recommends this fence be replaced with wood or pipe rail where it i s visible from the right -of way wit hin one year of CUP approval. A condition of approval has been added to the attached resolution to require this fence be replaced within one year. Proposed Site Plan New landscape Proposed landscape supply sales Existing chain link to be replaced within 1 year Existing wood fence New p ipe rail fence New wood fence T ree #481 55 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero New pipe fence along front property line and wood fence a t back of parking lot Existing Building & Parking L ot There is an existing metal building on the property which will be utilized as an office. In Phase 1, the building would be a private contract construction services office for the applicant. During P hase 2, the office may be opened to the public and used as part of the landscape supply business. Building code standards will be required to be met for each occupancy type prior to using the building. Staff has discussed paint colors with applicant, w ho is open to painting the structure. The building is currently a muted beige color, which is unobtrusive but very bland. A bolder earth toned color, such as a deep red/brown or natural green, would enhance the building instead of trying to make it disapp ear. Staff and DRC recommend that the applicant work with City staff to choose paint color prior to painting the exterior. Given the discrete placement of the cargo container behind the existing building, DRC recommends that paint ing of the cargo container be left to the discretion of the applicant. The existing parking area is located directly off Via Ave. The parking area has a deteriorated asphalt surface which is proposed to be patched and resealed and restriped to provide five on -site parking spaces Storage Yard DRC has approved the appearance and location of one cargo container to be placed behind the existing building. The storage container is mostly screened at this location, and is consistent with the storage uses on the rest of the site and th e surrounding properties. Construction equipment is proposed to be stored on site behind the new 6 foot wood fence and behind the existing building. New paved drive surfaces and gravel base are proposed to be installed in the storage area for vehicular a ccess. In phase 2, the applicant would utilize this area for a landscape supply yard which would be open to the public. DRC recommends that the CUP for this project restrict the storage of items, machinery, or vehicles that are not pertinent to business o perations of the project 56 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero applicant in order to avoid storage of other equipment, vehicles, etc. which are not associated with the proposed business. ENVIRONMENTAL DETERMINATION : The project qualifies for a Class 1 Categorical Exemption from the Californi a Environmental Quality Act (CEQA Guidelines Section 1530 1 , Existing Facilities ), provided that clearance is obtained from County Environmental Health to verify in that the previous wrecking yard which operated on the subject site has been mitigated and is clear for use. FINDINGS: To approve the Conditional Use Permit , the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached draft resolution . 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 o f the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use will n ot, 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. T he proposed project or use will not be inconsistent with the character of the immediate neighborhood or cont rary to its orderly development. 5. T he proposed use or project will not generate a volume of traffic be yond 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 accordanc e with t he land use element. 6. Any addit ional findings deemed necessary . 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 appro val, should be clearly re -stated in any vote on any of the attached resolutions. 57 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero 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 devel op the add itional information. The Commission should clearly state the type of information that is required . A motion , and approval of that motion, is required to con tinue th e item to a future date . 3. The Planning Co mmission may deny the project. The Commission must specify wha t findings cannot be made, and provide a brief oral statement, based on the Staff Report, oral testimony, site visit, correspondence, or any other rational e introduced and deliberated by the Planning Commission. ATTACHMENTS: 1. Aerial Photo 2. Sit e Photos 3. Applicant’s Project Description 4. Draft Resolu tion PC 2018 -A 58 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Aerial Photo Total subject site: 7.36 acres Area of storage use: 2.6 acres in CUP 59 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2 : Site Photos USE 18 -0065 Existing chain link at front of property to right of right of driveway. DRC r ecommends removal and replacement with pipe rail or solid wood fence within 1 year of CUP approval Front driveway on Via Ave . Chain link at right side to be removed. Landscape with trees proposed Existing building to be painted 60 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero Existing parking area at front of lot Existing building and access to storage yard at back Back of lease area proposed for landscape supply sales and equipment storage . Wood fence existing. 61 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHM ENT 3 : Applicant’s Project Description 62 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 4 : Draft Resolution PC 2018 -A USE 18 -0065 DRAFT RESOLUTION NO. PC 2018 -A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO , CALIFORNIA APPROVING USE 18 -0065 , TO ALLOW THE OPERATION OF AN OUTDOOR SALES AND ST ORAGE YARD OVER 10,000 SQUARE F EET 6501 VIA AVENUE (APN 028 -201 -004 ) WHEREAS , an application has been received from William Holmes , 8500 Graves Creek Road , Atascadero, CA 93422 (applicant ) and Vivian Vetter 5800 Ridgeway Ct. Atascadero, CA 93422 (owner ) to consider a c onditional u se p ermit to allow the op eration of contract construction services with outdoor storage and an outdoor sales yard on a 2.6 acre lease area at 6501 Via Avenue (APN 028 -201 -004 ); and, WHEREAS , the site’s General Plan Land Use Designation is Industrial (I ); and , WHEREAS, the prope rty is in the Industrial (I) zoning distric t; and , WHEREAS, outdoor commercial and industrial sales and storage developments of 10,000 square feet or more are required to obtain a C onditional U se P ermit in the Industrial zoning district ; and , WHEREAS , t he Design Review Committee reviewed the project at their June 27, 2018 meeting and provided recommendations to the Planning Commission regarding the appearance of the project and site plan ; and , WHEREAS , the proposed project qualifies for an Categorical Ex emption consistent with CEQA Guidelines Section 153 01 : 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 o f the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted o n behalf of said Conditional Use Permit; and, WHEREAS , the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on July 17, 20178 stud ied and considered USE 18 -0065. 63 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero NOW THEREFORE , BE IT RESOLVED , that the Planning Commi ssion of the City of Atascadero, California , 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. T he 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 153 01 , for 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 o r use is consistent with the General Plan; and , Fact: The General Plan Land Use, Open Space and Conservation Element allows for uses inc luding contractor staging areas and outdoor storage facilities in industrial zoning districts. The project is consisten t with the Land Use, Open Space and Circulation Policies and Programs 1.1 for guiding new development into the urban core; 1.1.7 for infill development; 1.1.10 for master planning the development; 2.1 and 2.1.1 for n eighborhood compatibility; 2.1.3 and 7.2 .3 for providing street trees; 7.1 and 7.2.1 for maintaining native trees on site; 7.2.4 for providing shade trees along the street and parking lot ; and 15.1 for directing growth to an area with existing City services. 2. The proposed project or use sat isfies a ll applicable provisions of the Zoning Ordinance ; and , Fact: A s proposed and conditioned , the project will meet the site design and development standards identified in the Zoning Ordinance. The use of the site and structure shall be limited to use s permitted by the Zoning Ordinance. The project, with Plan ning Commission approval of this conditional use permit , satisfies all applicable provisions of the Zoning Ordinance related to industrial zoned sites . 3. The establishment, and subsequent opera tion 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 detr imental or injurious to property or improvements in the vicinity of the use; and Fact: The proposed storage yard and sales lot uses are consistent with the surrounding industrial zoning and industrial type uses. Screening will be provided for the storage yard and frontage of the site will be enhanced with landscape and new fencing. The 64 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero project will be located on a site that was previously used as a wrecking yard. The applicant will be required to provide a report from County Environmental Health stating t he site is free of harmful contaminants before use or work on site moves forward . 4. T he 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 st orage yard and sales lot uses are consistent with the surrounding industrial zoning and industrial type uses. The applicant will be making improvements to the property that will improve the site’s appearance and access . The site will otherwise remain un changed structurally and will continue to be consistent with appearance standards for the industrial zoning district. 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the proje ct, 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 property meets the r equirements for an industrial use of its type and will not have a significant impact on traffic. 6. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; and Fact: The Cit y Council has not adopted additional policies pertinent to thi s project. Contract construction services and outdoor sales and storage yards are allowed in industrial zoning districts. SECTION 3 . Findings for Planning Commission Landscaping Modification . T he Planning Commission finds as follows: 1. That existing vegetation, topography or structural arrangement of the site preclude the need for 5% landscape site coverage. Fact. The sit e is proposed as a storage yard with fencing and screening of storage uses at the center and back of the lease area. Project frontage along Via Ave . and areas surrounding the parking lot will be landscaped with shrubs and street trees to enhance the appearance of the site. A large existing oak tree is located on site and will b e preserved. Planning Commission may approve reduction of required landscape co verage as allowed by AMC Section 9 -4.125 SECTION 4 . Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 17 , 201 8 resolved to ap prove USE 18 -0065 , subject to the following : EXHIBIT A: Notice of Exemption 65 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT B : Conditions of Approval EXHIBIT C : Site Plan EXHIBIT D : Elevational Drawings On motion by Commissioner ____________________, and seconded by Commissione r _________________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATAS CADERO, CA _________________________________________ Jerel Seay Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 66 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBI T A: Not ice of Exemption USE 18 -0065 CITY OF ATASCADERO NOTICE OF EXEMPTION 6500 Palma Avenue Atascadero, CA 93422 805.461.5000 TO: File FROM: Callie Taylor, Senior Planner City of Atascadero 6500 Palma Avenue , A tascader o, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Project Title : USE 18 -0065 Project Applicant: Bill Holmes Project Location : 6501 Via Avenue, Atascadero, CA 93422, San Luis Obispo Coun ty (APN 028 -201 -004) Project Description : Conditional Use Permit to allow for an outdoor sales and storage yard in the industrial zoning district. Name of Public Agency Approving Project : City of Atascadero Name of Person or Agency Carrying Out Project : Bill Holmes 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. 1530 1 ) Reasons why project is exempt : Class 1 of the California Environmental Q uality Act (CEQA) (Section 15301 , Existing facilities ) exempts minor additions to existing facilities. Contact Person : Callie Taylor (805) 470 -34 48 Date : July 17 , 201 8 Completed by: Callie Taylor , Senior Planner 67 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBI T B : Conditions of Approval USE 18 -0065 Conditions of Approval USE 18 -0065 6501 Via Avenue Outdoor Sales and storage yard exceding 10,000 sq uare feet Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Project Specific Conditions 1. This Conditional Use Permit shall be for the operation of a 2.6 acre landscape m aterial sales yard and outdoor storage area associated with the contract construction business at 6501 Via Avenue , Atascadero, California, APN 028 -201 -004 , as shown in Exhibit C, regardless of owner . The rear portion of the lot at APN 028 -201 -004 shall be excluded from this use permit, and is not approved for storage uses or any other development, grading, or land uses under this CUP. Ongoing 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits fourt een (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 3. The Community Development Department shall ha ve the authority to appro ve minor changes to the project that (1) modify the site plan by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design iss ue that is not substantive to the conditional use p ermit. The Planning Commissi on shall have the final authority to approve any other changes to the conditional use p ermit unless appealed to the City Council. BP 4. Approval of this Conditional Use Permit shall be valid for twenty -four (24) months after its effective date. At the end o f the period, the approval shall expire and become null and void unless the project has received a building permit or business license . BP / BL 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and em ployees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the construction or use of the detached accessory structure. Ongoing 6. The applicant shall obtain clearance from San Luis Obispo County Envi ronmental Health prior to beginning any site work, construction, grading, or occupancy of the site. Any site work remediation required by County Environmental Health shall be completed prior to work on or occupancy of the subject site. BL / BP / GP 7. An acc essway to the vacant portion of the parcel at back of the lot shall be maintained along the north -western property line. The accessway shall be a minimum of 35 feet in width clear. Any fences for the storage yard shall be installed outside of the 35 foot wide accessway. Ongoing 8. Exterior paint colors for the existing building shall be natural earth toned colors, subject to staff approval prior to painting the building. BL / BP 9. One cargo container may be permitted to be installed on the subject site. The cargo container shall be located behind the existing metal building within the screened storage area, and shall not be located at the front of the site or within the front parking area. A BP 68 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval USE 18 -0065 6501 Via Avenue Outdoor Sales and storage yard exceding 10,000 sq uare feet Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy building permit shall be obtained for the cargo container to ensur e the structure is properly anchored to the site in compliance with Building Codes. The cargo container may be painted to match the existing metal building, or may remain its existing grey color. 10. This CUP shall be for the storage of construction equipm ent associated with the contract construction services business, and landscape materials associated with the landscape supply yard only. S torage of equipment or materials that are not associated with the se approved uses shall be prohibited. Storage of RV’s, trailers, other long term storage, non - operative vehicles, or equipme nt that is not par t of the construction business or landscape supply yard shall not be permitted to be stor ed on site. The site shall not be subleased for vehicle storage to others no t associated with the approved business. Ongoing 11. New pipe rail and wood fences shall be installed along the front of the property to the north of the driveway, at the back of the parking area, and along the side (north) property line as shown on the atta ched site plan (Exhibit C). New fencing shall be installed in these locations prior to occupancy of the site. BL / FO 12. A final landscape and irrigation plan shall be submitted to and approved by the City prior to the issuance of a business license and sha ll include:  Plant species selection, size, and spacing for landscape areas identified on site plan (Exhibit C),  Street trees identified on the site plan (Exhibit C) along Via Ave shall be Chinese pistache, or similar midsize tree subject to staff approval ,  Landscaping or ground cover material under trees,  Shrubs shall be added to the right of the entrance driveway in the existing dirt area at the front of the lot,  Drip and other water conserving irrigation methods, and  All plant selections shall come from the Atascadero Mutual Water Company’s list of Water -Conserving Plants for North County Landscapes. All landscape and irrigation shall be installed prior to occupancy of the new business on site. BL / FO 13. The approved landscape and irrigation plan is to b e implemented and vegetation and irrigation shall be maintained over time. Ongoing 14. The parking lot and driveway at the front of the site shall be patched and repaired or overlaid with new asphalt. BL / BP 15. The applicant shall work with the City Building D epartment to address any code compliance or occupancy requirements for use of the existing metal building. BL / BP 16. Accessible parking and access wa ys shall be provided consistent with CBC standards . BL / BP 17. Trash storage (dumpsters or cans) shall be pro vided in an area that is screened from view. Ongoing 18. The applicant shall apply for a building permit for all signs proposed. Signage shall comply with Atascadero Municipal Code (Sign Ordinance) requirements for size and location. BP 69 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval USE 18 -0065 6501 Via Avenue Outdoor Sales and storage yard exceding 10,000 sq uare feet Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy 19. Lighting shall comply with AMC standards for shielding in order to prevent glare. Any proposed exterior lighting will be in compliance with Municipal Code standards, and ensure no off -site glare. Building mounted light fixtures shall be fully shielded, cut -off light fixtures in order to eliminate visible light sources and prevent off site glare. Ongoing 20. Emergency access ways shall be maintained through the storage yard to provide fire truck access, as required by the Fire Department Ongoing 21. As part of the Building Permit a pplication, a Storm Water Control Plan (SWCP) must be completed and filed with the City in accordance with the State regulations (Regional Water Quality Control Board Res. No. R3 -2013 -0032). The SWCP shall be completed using the City standard form availabl e from the Building Permit Counter BP 22. New frontage improvements consisting of curb, gutter, sidewalk, and driveway approaches may be triggered and installation required depending on the valuation of improvements to the existing structures and proposed bui lding improvement valuation (see Municipal Code section 9 -4.159(a)(1) and (b)(3). BP 23. The existing chain link fence with slats to the right (south east) of the driveway entrance shall be removed within one (1) year of Conditional Use Permit approval. Only the areas of chain link which are visible from the public right -of -way are required to be removed. The chain link fencing may be replaced with pipe rail fence, solid wood fence, or similar, subject to staff approval. 1 year from CUP approval 24. A nnual site inspection s shall be conducted by City Planning and Building Departments in order to verify compliance with CUP conditions and performance standards. Annual inspections shall be required for a period of 5 years from the time of CUP approval. All conditi ons shall remain in effect after the initial 5 year review period, and shall be enforced by the City as needed to ensure compliance. Non -compliance with project conditions herein shall be subject to revocation of the use permit and subject to City code enf orcement. Ongoing 70 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBI T C : Site Plan USE 18 -0065 71 ITEM 4 | 7/17/2018 OUTDOOR SALES AND ST ORAGE , 6501 VIA AVE. USE 18 -0065 / HOLMES Planning Commission | Ci ty of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBI T D : Elevations USE 18 -0065 72