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Home My WebLink AboutPC Resolution 2018-0023APPRCVED JUN 19 lb)'N PC RESOLUTION 2018-0023 5 OF ATASCADER \ PLANNING RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A DRIVE-THROUGH RESTAURANT AT WEST FRONT VILLAGE ON APN 056-131-022 BRETT MARCHI 9002 WEST FRONT ROAD (PLN 2017-1656) WHEREAS, an application has been received from Brett Marchi, 2599 Baseline Ave., Solvang, CA 93460 (Owner and Applicant) to consider Planning Application PLN 2017-1656, for a project consisting of a drive-through restaurant on a 0.75 acre site located at 9002 West Front Road, Atascadero, CA 93422 (APN 056-131-022); and, WHEREAS, the site's current General Plan Land Use Designation is General Commercial (GC); and, WHEREAS, the site's current Zoning District is Commercial Retail (CR)/PD23; and, WHEREAS, establishing a drive-through restaurant use requires the adoption of a Conditional Use Permit in the CR zoning district; and, WHEREAS, the Design Review Committee reviewed the proposed project on September 13, 2017, and May 23, 2018, and provided recommendations to the Planning Commission regarding the site plan and architectural appearance of the project; and, WHEREAS, the proposed project is consistent with previously certified Mitigated Negative Declaration MND2005-0046 prepared for the West Front Village development; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on June 19, 2018, studied and considered PLN 2017-1656; and, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero makes the following findings, determinations and recommendations with respect to the proposed Conditional Use Permit: a SECTION 1. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed projector use is consistent with the General Plan; and, Fact. The project is consistent with the Land Use, Open Space and Circulation (LOC) Policies and Programs 1.1 for guiding new development into the urban core; 1.1.7 for infill development; 1.4.1 for screening exterior lights; 7.2.4 for providing shade trees; 8.5.3 for providing on-site storm water management; 13.1 for convenient location of goods and services; and 15.1 for directing growth to an area with existing City services. The project is consistent with Circulation Element (CIR) Policies and Programs 1.3.3 for locating on an arterial with minimal driveways; 1.5.1 for requiring adequate off-street parking; and 1.5.3 for landscaping, lighting, screening and shade trees in the parking lot. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance; and, Fact. The proposed drive-through restaurant can be permitted though the Conditional Use Permit process as identified in the Municipal Code. The proposed structure and site plan are consistent with the applicable provisions of the Atascadero Municipal Code with the approval of the subject entitlement. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, Fact. The proposed drive-through restaurant is being constructed on an existing vacant pad that was approved for commercial development as part of the West Front Village project. The establishment of the use on a commercial infill site will not be detrimental to the public health, safety, or welfare. Conditions of Approval have been added to minimize impacts to the adjacent residential uses. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, Fact. The proposed drive-through use and signage are consistent with the approved West Front Village development. 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the land use element; and, Fact. The proposed drive-through restaurant is part of the West Front Village project which anticipated tourist -serving uses in this location. Traffic impacts were analyzed and mitigated as part of the original project approvals. 6. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Fact. The Design Review Committee has reviewed the proposed project and found the site plan and elevations to be consistent with the criteria in the City's Design Review Manual. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on June 19, 2018, resolved to approve the Conditional Use Permit subject to the following: 1. EXHIBIT A: Conditions of Approval 2. EXHIBIT B: Site Plan / Landscape Plan 3. EXHIBIT C: Elevations On motion by Commissioner Betz and seconded by Commissioner Donovan, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Betz, Dariz, Donovan, Wolff, Zirk (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Seay (1) ADOPTED: June 19, 2018 CITY OF ATASCADERO, CA Tom Zirk Planning ission Vice Chairperson Phil Dunsmore Planning Commission Secretary t:\- pins (pre 2018 projects)\- 17 pins\pin 2017-1656 9002 west front drive through\pc resolution 2018-0023.docx EXHIBIT A: Conditions of Approval PLN 2017-1656 Conditions of Approval Timing Responsibility /Monitoring PLN 2017-1656 BL: Business License PS: Planning Services Conditional Use Permit GP: Grading Permit BP: Building Permit BS: Building Services FD: Fire Department Drive-through Restaurant FI: Final Inspection TO: Temporary PD: Police Department CE: City Engineer 9002 West Front Rd. Occupancy F0: Final Occupancy WVV:CA: wastewater CA: City Attorney 1. PLN 2017-1656 shall be for a drive-through restaurant as described in attached Ongoing PS Exhibits B and C, located at 9002 West Front Rd (APN 056-131-022), regardless of owner. 2. The approval of this use permit shall become final and effective for the purposes Ongoing PS of issuing building permits fourteen (14) days following the Planning Commission approval, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to approve the Ongoing PS, CE following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit. 4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months BP PS after its effective date. At the end of this time period, the approval shall expire and become null and void unless the project has received a building permit or a time extension. 5. The owner and applicant shall defend, indemnify, and hold harmless the City of Ongoing CA Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning this Conditional Use Permit. Planning Services 6. A bicycle rack shall be provided near the entrance to the buildings on the subject BP PS site. 7. The landscape plan, shown in Exhibit B, shall be modified as follows: BP PS • At least one of the shade trees adjacent to the patio shall be a Chinese Pistache or London Plane tree. • A shade tree shall be added within a tree well adjacent to the parking stalls at the front entry of the building. • Privet and flax shall be replaced with native grasses surrounding the eating patio and the drive-through. • All plant species shall be listed as applicable for Sunset zone 7. 8. New lighting shall conform to the standards of Atascadero Municipal Code 9- BP PS 4.137 for exterior lighting. All pole lighting shall be shielded from neighboring properties and buildings. 9. Elevations shall incorporate high quality materials and shall be consistent with BP PS the colors and design shown in Exhibit C. Stucco shall have a smooth finish. 10. The final front patio design shall be reviewed and approved by the Community BP/Ongoing PS Development Department upon Building Permit submittal, and shall include dining features and aesthetics to create a quality outdoor dining atmosphere. Patio shall include movable tables and chairs. Separation between patio seating and driveways/streets shall be provided with landscape planters and/or low decorative walls or railings, subject to staff approval. 11. All signage facing the residential area shall be non -internally illuminated. BP PS External illumination may be permitted providing that lighting is designed to be fully shielded and directed solely toward the signage 12. All mechanical equipment on site shall be screened, including all ground and BP PS roof mounted equipment, air conditioners, transformers, etc. 13. All utilities on site shall be installed underground. BP PS EXHIBIT B: Site Plan I Landscape Plan PLN 2017-1656 3fl;if i Au EXHIBIT C: Elevations PLN 2017-1656 EAST ELEVATION FREON MINE WEST ELEVATION AV& qp, -Idbi NORTH ELEVATION SOUTH ELEVATION r, ' -