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Home My WebLink AboutPC Resolution 2018-0022PC RESOLUTION 2018-0022 It WXV 1120,13 CITY OF ATASCAD'ERO RESOLUTION OF THE PLANNING COMMISSION PLANNING OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING CONDITIONAL USE PERMIT 2003-0117 (MASTER PLAN OF DEVELOPMENT) AND TENTATIVE TRACT MAP 2014-0107 FOR THE PRINCIPAL MIXED-USE PROJECT APN 030-491-001, 013, 019, 020 9105 Principal Avenue / ECR Principal, LLC (PLN 14-1519/AMND18-0053) WHEREAS, an application has been received from ARH Quiky Investments, LLC (835 Aerovista Place, Suite 230, San Luis Obispo, CA 93401), Applicant, and ECR Principal, LLC (125 South Bowling Green Way, Los Angeles, CA 90049), Owner, to amend a previously approved Master Plan of Development and Vesting Tentative Tract Map on a 5.25 -acre site located at 9105, 9107, 9109 Principal Ave and 9300 Pino Solo (APN 030-491-001, 013, 019, 020); and, WHEREAS, the site's current General Plan Land Use Designation is Medium Density Residential (MDR) and General Commercial (GC); and, WHEREAS, the site's current Zoning Designation is Residential Multi -Family (RMF - 10) and Commercial Retail (CR) with a Planned Development #24 (PD -24) Overlay; and, WHEREAS, the PD -24 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and WHEREAS, the City Council approved the original Master Plan of Development (CUP 2003-0117) of the project on October 12, 2004, and approved the most recent amendment to the Master Plan of Development on May 26, 2015; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2015-0001 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the certified Mitigated Negative Declaration adequately addresses the effects of the project as proposed for amendment, no substantial changes have been made in the project, no substantial changes in the circumstances under which the project is being undertaken and no new information of substantial importance to the project which was not known or could not have been known when the Mitigated Negative Declaration No. 2015-0001 was certified has become known, and therefore, no further environmental review is required; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on June 19, 2018, studied and considered the proposed amendments to Conditional Use Permit 2003-0117 (Master Plan of Development) and Tentative Subdivision Map (TTM) 2014-0107, after studying and considering the certified Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit and Tentative Tract Map. The Planning Commission of the City of Atascadero finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, Fact. The proposed amendments are consistent with General Plan Land Use Policies 1. 1, 1.3, 2.3, 5.3, 6.1, 7.1, 7.2, 8.5, 15.1, and 15.6; Circulation Policies 1.1, 1.3, 1.4, and 1.5; and Housing Element Policies 1.1, 4.1, and 4.3. The project design was previously approved by Planning Commission and City Council in 2015 and was found to comply with the Appearance Review Manual. The Design Review Committee reviewed the proposed utility amendment and exhibit and recommended conduit be installed for future undergrounding along El Camino Real. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including provisions of the PD -24 Overlay Zone; and, Fact. The Planned Development 24 overlay allows for development standards to be established through a Master Plan of Development. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, Fact. The proposed residential use will not be detrimental to the health, safety, or welfare of the general public or persons residing in the neighborhood. A residential use is consistent with the surrounding neighborhood to the west and south, and the commercial development is consistent with the adjacent commercial uses on El Camino Real and the corner of Principal Avenue. The Planned Development overlay language, mitigation measures, and City development standards will ensure that pedestrian and vehicular access conditions are designed in a manner which does not create ongoing safety concerns. 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, Fact. The proposed residential use is consistent with other attached and detached multi- family residential and residential serving uses in the area. The carwash is consistent with other commercial and service uses along El Camino Real. 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element; and Fact. The proposed residential and commercial uses will not generate significant and unavoidable impacts to traffic. The project will contribute City TIF fees toward the US 101 interchanges. Frontage roads will be developed to City standards, including a turn lane on Principal Avenue. All internal and abutting public roads have been designed to City standard. 6. The site is physically suitable for the type of development proposed; and, Fact. The site is mostly flat, with slopes near Pino Solo and along the ephemeral drainage area. Development has been designed to avoid the drainage swale and most of the large native trees on site. The overall development pattern and site layout has been maintained consistent with the 2015 project approval. 7. The site is physically suitable for the density of development proposed; and, Fact. The site is located between a major commercial area on El Camino Real, and a single-family residential development to the west. The configuration of the project design takes into account natural topography of the site, and acts as a buffer between commercial and single-family residential uses. 8. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat; and, Fact. Setbacks are maintained between the proposed development and the ephemeral drainage swale on site. Permits, or letters of exemption, are required from permitting agencies for work around the swale, as identified in the mitigation measures; and, 9. The design of the subdivision or the type of improvements will not cause serious health problems; and, Fact. A mitigated negative declaration was prepared for the project, which considered environmental effects, including impacts to air quality, and determined the project would not create significant impact with the incorporated mitigation measures. The design of the subdivision or the type of improvements will not cause serious health problems. 10. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided; and, Fact. The site is private property, currently fenced and restricted to public access. Frontage improvements will be installed to provide pedestrian access on sidewalks around the periphery of the project site; and, 11. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development Conditions. of Approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time; and, Fact. A Condition of Approval was included in the 2015 resolution, requiring CC&R's be recorded concurrently with the final map. 12. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and, Fact. The PD -24 established development standards that promote a cohesive neighborhood development and ensure that City goals related to traffic mitigation, aesthetic character, inclusionary housing, and pedestrian connectivity, among others, are achieved. 13. Benefits derived from the Master Plan of Development and PD -24 Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements; and, Fact. The Planned Development 24 overlay text modifies standard development requirements to allow for a mixed-use residential and commercial project. Modified standards for the development enable the unit count and site design as approved by City Council in 2015. City Council Planned Development Policy requires project benefits such as affordable inclusionary housing, pocket parks, and high-quality landscape and architecture in exchange for modified development standards. The project satisfies these requirements. 14. The proposed project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties. Fact. The Planned Development Overlay Zone 24 ensures that development within the area provide certain benefits as identified by Council Policy. Development under the PD - 24 standards will maintain and enhance neighborhood character and provide transition between commercial and single-family uses. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on June 19, 2018, resolved to approve amendments to Conditional Use Permit 2003-0117 (Master Plan of Development) and Tentative Tract Map 2014-0107 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Utility Exhibit On motion by Commissioner Anderson, and seconded by Commissioner Dariz, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: ADOPTED: Commissioners Anderson, Betz, Dariz, Donovan, Wolff, and Zirk (6) None (0) Commissioner Seay (1) None (0) June 19, 2018 CITY OF ATASCADERO, CA Tom Zirk Planning ission Vice Chairperson ATTEST: Phil Dunsmore Planning Commission Secretary t:\- pins (pre 2018 projects)\- 14 pins\pin 2014-1519 - auzco principal mixed-use\2018 amendment undergrounding of utilities\pc resolution 2018-0022.docx EXHIBIT A: Conditions of Approval CUP 2003-0117 and TTM 2014-0107 (2018 Amendment) / PLN 2014- 1519 Timing Conditions of Approval — 2018 Amendment Principal Mixed -Use Planned Development (PD -24) FM: Final Map GR Grading Permit BP, Building Permit Master Plan of Development / Tract 3070 p To FI: Final inspeectioncton Temposaancy CUP 2003-O117/TTM 2014-0107 (2018 Amendment) FO: Final Occupancy 1. This amendment shall be for utility line location and undergrounding only. No other project Ongoing changes are authorized by this amendment. 2. The approval of this amendment shall become final and effective for the purposes of issuing FM/BP building permits fourteen (14) days following the Planning Commission approval, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. All previous Conditions of Approval and Exhibits approved with Council Resolution No. 2015- Ongoing 045 (CUP) and Council Resolution No. 2015-046 (TTM) adopted May 26, 2015 , shall remain in effect for the approved project, unless specifically noted below. Only the conditions noted below regarding undergrounding of utilities shall be modified with this resolution. 4. The following Conditions of Approval regarding requirements for undergrounding of utilities Ongoing shall be deleted: Council Resolution No. 2015-045 (CUP): • Public Works condition #44: "New utility services for power, telecommunications and cable TV shall be placed underground, beginning from the off-site point of connection established by the public utility provider." • Public Works condition #55: "Overhead utilities shall be placed underground where located along the subject property frontage of EI Camino Real, Principal, and Pino Solo." • Public Works condition #56: "The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement." Council Resolution No. 2015-046 (TTM): • Public Works condition #16: "New utility services for power, telecommunications and cable TV shall be placed underground, beginning from the off-site point of connection established by the public utility provider." • Public Works condition #43: "All utilities shall be undergrounded on project frontage." Timing Conditions of Approval — 2018 Amendment Principal Mixed -Use Planned Development (PD -24) FM: Final Map GP: Grading Permit BP: Building Permit ment / Tract 3070 Plan of Development To: TemporaryOccupancyMaster Fl: Final inspection CUP 2003-0117/TTM 2014-0107 (2018 Amendment) FO: Final Occupancy 5. The applicant shall install all new utility services (water, gas, electric, cable TV and FM/BP telephone) underground, beginning from the off-site point of connection established by the public utility provider, as depicted on the attached Exhibit B. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 6. Overhead utilities shall be placed underground where located along the subject property FM/BP frontage of EI Camino Real, Principal, and Pino Solo, as depicted in the attached Exhibit B. 7. In order to facilitate future undergrounding of utilities, the applicant shall install conduit FM / BP along the EI 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 installation. EXHIBIT B: Utility Exhibit Utility finesto remain overhead OVERHEAD UTILITY NOTES Erls.Ung vIllIfy pole to ry reicirc j JI DiOpnq viffirty p6e and guy ionchor to rernaln. C Dernwrarnovo &%Winove g thecdulbty Uries. W) (�5' Derrotcemove a*tIng Wafy pole, NOW OvethOOd pe,11W IM11, Now power pole. Not usud. 39 -- — — — — — — — — — — — f4 Z4 r—j L, ii A�s % 6 114