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HomeMy WebLinkAboutPC_2018-09-04_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA REGULAR MEETING Tuesday, September 4, 2018 6:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jerel Seay Vice Chairperson Tom Zirk Commissioner Duane Anderson Commissioner Ryan Betz Commissioner Mark Dariz Commissioner Josh Donovan Commissioner Jan Wolff APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF DRAFT MINUTES OF AUGUST 21, 2018 2. APPROVAL OF TIME EXTENSION FOR 8391 AMAPOA (TEX18-0089) COMMUNITY DEVELOPMENT STAFF REPORTS City of Atascadero Planning Commission Agenda Regular Meeting, September 4, 2018 Page 2 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website None PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 3. CONDITIONAL USE PERMIT FOR 5802 TRAFFIC WAY COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on September 18, 2018, at 6:00 p.m. at City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to, this public hearing. Property Owner: Kathryn Kleinschmidt Trust Applicant: Kathryn Kleinschmidt Project Title: USE 18-0062 Project Location: 5802 Traffic Way, APN 029-322-012, San Luis Obispo County Project Description: The proposed project is a Conditional Use Permit for a parking reduction and a fencing modification for a two-building mixed-use development. The applicant proposes providing five (5) off-street parking spaces where seven (7) are required by the Zoning Ordinance. City Staff: Katie Banister, Assoc. Planner, kbanister@atascadero.org, Phone: (805) 470-3480 Recommendation: Planning Commission adopt PC Resolution 2018-A, approving the Conditional Use Permit with conditions of approval. City of Atascadero Planning Commission Agenda Regular Meeting, September 4, 2018 Page 3 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development De partment and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may b e reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the 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 your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must no tify the Community Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further pu blic comments will be heard by the Commission. PC Draft Minutes of 8/7/18 Page 1 of 4 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, August 7, 2018 – 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:03 p.m. Chairperson Seay called the meeting to order at 6:03 p.m. and Vice Chairperson Zirk led the Pledge of Allegiance. ROLL CALL Present: Commissioners Betz, Wolff, Vice Chairperson Zirk, and Chairperson Seay Absent: Commissioner Anderson (excused absence) Commissioner Dariz (excused absence) Commissioner Donovan (excused absence) Others Present: Recording Secretary, Annette Manier Staff Present: Senior Planner, Callie Taylor APPROVAL OF AGENDA MOTION: By Commissioner Wolff and seconded by Commissioner Betz to approve the Agenda. Motion passed 4:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Seay closed the Public Comment period. PLANNING COMMISSION BUSINESS None ITEM NUMBER: 1 DATE: 9-4-18 1 PC Draft Minutes of 8/7/18 Page 2 of 4 CONSENT CALENDAR 1. APPROVAL OF DRAFT MINUTES OF JULY 17, 2018 MOTION: By Commissioner Wolff and seconded by Vice Chairperson Zirk to approve the Consent Calendar. Motion passed 4:0 by a roll-call vote COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) EX PARTE COMMUNICATIONS Chairperson Seay drove by the property. 2. CONDITIONAL USE PERMIT FOR 8740 EL CAMINO REAL Property Owner: Roger Grant Applicant: Roger Grant and Michael Groh Project Title: PLN 2017-1664 Project Location: 8740 El Camino Real, APN 056-051-021 (San Luis Obispo County) Project Description: The proposed project is a Conditional Use Permit to allow three (3) multi-family residential units within an existing colony house in the Commercial Service zone. Onsite parking, driveway improvements, landscape, additional storage, and laundry facilities are proposed and conditioned for consistency with Municipal Code requirements. The project qualifies for a Class 3 Categorical Exemption under CEQA, which exempts new construction or conversion of small structures, including multi-family residential totaling no more than four dwelling units. Staff recommendation is to approve the project with Conditions of Approval. City Staff: Callie Taylor, Sr. Planner, ctaylor@atascadero.org, Phone: (805) 470-3448 Proposed Environmental Determination: The project qualifies for a Class 1 CEQA exemption (CEQA Guidelines 15301) 2 PC Draft Minutes of 8/7/18 Page 3 of 4 Senior Planner Taylor gave a history on the property and stated that this project was reviewed by the Design Review Committee. Senior Planner Taylor presented the staff report and answered questions from the Commission. A letter was received from Dan Phillips and was submitted to the Commission (Exhibit A). PUBLIC COMMENT The following member of the public spoke during public comment: Roger Grant. Mr. Grant explained his reasons for wanting to keep the fence lower in the back. The Commission discussed security, and stated that they recommend either a 6’ fence or better lighting to enhance security and safety for the tenants. Mr. Grant stated that he would prefer to add lighting. The Commission discussed adding a condition to add lighting. Staff could visit the site at night to determine if additional lighting is needed. In the event that staff determines that light levels are not adequate, staff has the authority to require the applicant to install additional lighting. Staff also recommended that prior to final, there could be another inspection to ensure that light levels are adequate. Chairperson Seay closed the Public Comment period. MOTION: By Commissioner Betz and seconded by Vice Chairperson Zirk recommending the Planning Commission adopt PC Resolution 2018-A, approving PLN 2017-1664, a Conditional Use Permit to allow three (3) multi-family units in a Colony House within the Commercial Service zoning district, based on findings and subject to Conditions of Approval, with an added condition that staff will analyze existing lighting at the site, and if levels are not adequate, an additional bollard light shall be installed. Motion passed 4:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Betz and Chairperson Seay announced that they would be absent from the meeting on August 21, 2018. DIRECTOR’S REPORT Senior Planner Taylor stated currently there are no items ready for the A ugust 21st meeting, so it may be cancelled. ADJOURNMENT – 6:43 p.m. Recommendation: Planning Commission adopt PC Resolution 2018-A, approving the Conditional Use Permit. 3 PC Draft Minutes of 8/7/18 Page 4 of 4 The next Regular meeting of the Planning Commission is scheduled for August 21, 2018, at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant 4 ITEM 2 | 9/4/2018 Amapoa Condos Time Extension TEX 18-0089 / PLN 2007-1233 / Amapoa Lake Park 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 | FAX (805) 461-7612 Atascadero Planning Commission Staff Report – Community Development Department TEX 18-0089 PLN 2007-1233 Tentative Subdivision Map Time Extension RECOMMENDATION(S): Staff recommends the Planning Commission adopt Resolution PC 2018-A, approving a one-year time extension of Tentative Subdivision Map 2007-0099 (Tract 2947) 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: 8391 Amapoa Ave. Atascadero, CA APN 031-241-019 PROJECT PLANNER Katie Banister Associate Planner 805-470-3480 kbanister@atascadero.org APPLICANT Amapoa Lake Park, LLC, 4675 San Anselmo Road, Atascadero CA 93422 PROPERTY OWNER Amapoa Lake Park, LLC, 4675 San Anselmo Road, Atascadero CA 93422 GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE High-Density Residential (HDR) Residential Multi-Family (RMF-20) 0.39 acres Vacant 6 air-space condos ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ☐ Negative / Mitigated Negative Declaration No. ___________ ☒ Categorical Exemption CEQA – Guidelines Section 15303 and 15332 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 5 ITEM 2 | 9/4/2018 Amapoa Condos Time Extension TEX 18-0089 / PLN 2007-1233 / Amapoa Lake Park 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: Residential Multi- Family (RMF-24) Residential Multi- Family (RMF-24) Residential Single Family (RSF-X) Commercial Professional (CP) Background: The Amapoa Condo project was approved on August 19, 2008, as six (6) airspace condominiums on one (1) common lot. The proposed project includes the construction of 3 duplexes, a total of six (6) new residences. Building A contains two 3-bedroom units, each with an attached 2-car garage. Building B is two 2-bedroom units each with an attached one-car garage. Building C has two 2-bedroom units, each with attached 2- car garage. Three uncovered parking spaces are provided towards the northeast area of the lot. The proposed project is designed to meet the parking requirements of the Zoning Ordinance. 6 ITEM 2 | 9/4/2018 Amapoa Condos Time Extension TEX 18-0089 / PLN 2007-1233 / Amapoa Lake Park LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Project Statistics Unit Area Bedrooms Garage Parking Requirement Building A Unit 1 2,056 sq. ft. 3 2-car 2.5 Unit 2 2,052 sq. ft. 3 2-car 2.5 Building B Unit 5 2,056 sq. ft. 2 2-car 2 Unit 6 2,056 sq. ft. 2 2-car 2 Building C Unit 3 1,414 sq. ft. 2 1-car 2 Unit 4 1,459 sq. ft. 2 1-car 2 Uncovered Parking Provided 3 Total Parking Provided 13 Guest Parking Required (1 space per 5 units) 1.2 Total Parking Required 13 Analysis: The tentative subdivision map expired on August 19, 2018; however, with an application submitted for a time extension, the Subdivision Map Act automatically extends the map for an additional 60 days while the City considers the extension request . Approval of the current request would extend the map until August 19, 2019. The Subdivision Map Act mandates an initial two-year life of an approved tentative map 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 first of these extensions may be granted by the Community Development Director. Subsequent extensions are considered by the Planning Commission. The Commission may defer the decision to the City Council. The Commission or City Council may also decide whether project conditions should be added, modified, or deleted. The application for the extension must be filed prior to the expiration date. Between 2008 and 2013, in response to the recession, the California State Legislature passed four separate map extension acts. Three of these automatic extensions granted by the State Legislature apply to the project, and did not require any action by the City. Due to the state’s action, the Tentative Subdivision Map for Tract 2947 was extended until August 19, 2016. Prior to August 19, 2016, the previous owner filed an extension that was approved by the Community Development Director, thereby extending the map until August 19, 2017. A second extension was approved by the Planning Commission in 2017, thereby further extending the map until August 19, 2018 (see following table). If the current extension is approved, the applicant has the right to request a maximum of two 7 ITEM 2 | 9/4/2018 Amapoa Condos Time Extension TEX 18-0089 / PLN 2007-1233 / Amapoa Lake Park LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero additional 12-month extensions, which could theoretically extend the life of the map to August 19, 2021. Tract 2947 Approvals and Extensions Action Approval Date Duration Expiration Original approval August 19, 2008 24 months August 19, 2010 AB 333 2009 24 months August 19, 2012 AB 208 2011 24 months August 19, 2014 AB 116 2013 24 months August 19, 2016 Community Development Director Extension February 4, 2016 (application) March 8, 2016 (approval) 12 months August 19, 2017 Planning Commission Extension #1 August 3, 2017 (application) September 19, 2017 (approval) 12 months August 19, 2018 Planning Commission Extension #2 August 9, 2018 (application) 12 months August 19, 2019 (proposed) Conclusion: The City received an application for the final map on September 26, 2017. In order for the City to approve the final map, the applicant must satisfy all the conditions of the tentative map. Staff is continuing to work with the applicant on subdivision improvements. The City has approved building permits for the project, which have not yet been issued. 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: The proposed project is Categorically Exempt (Class 3 and Class 32) 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 03 and 15332, per previous project approval. FINDINGS: A Tentative Subdivision Map was approved on August 19, 2008, for a six (6) lot subdivision. The Tentative Subdivision 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 TTM 2007-0099 (Tract 2947), consistent with section 9-2.117 of the Atascadero Municipal Code. 8 ITEM 2 | 9/4/2018 Amapoa Condos Time Extension TEX 18-0089 / PLN 2007-1233 / Amapoa Lake Park LLC 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 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 analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: 1. Tentative Map 2947 2. Conditions of Approval TTM 2007-0099 3. Draft Resolution 2018-A 9 ITEM 2 | 9/4/2018 Amapoa Condos Time Extension TEX 18-0089 / PLN 2007-1233 / Amapoa Lake Park LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Tentative Map 2947 PLN 2007-1233 / TEX18-0089 10 ITEM 2 | 9/4/2018 Amapoa Condos Time Extension TEX 18-0089 / PLN 2007-1233 / Amapoa Lake Park LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Conditional of Approval PLN 2007-1233 / TEX18-0089 Conditions of Approval PLN 2007-1233 8391 Amapoa Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Standard Planning Conditions 1. This Conditional Use Permit shall be for a six unit condominium map described on the attached exhibits and located on APN 031-241-019 regardless of owner. Ongoing PS 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Ongoing PS 3. Approval of this Tentative Tract Map shall be valid for two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. FM PS 4. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. BP / FM PS, CE 5. A tract map drawn in substantial conformance with the approved 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 6. The subdivider shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. Ongoing CA 7. The tract map shall be subject to additional fees for park or recreation purposes (QUIMBY Act) as required by City Ordinance. FM PS 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. Exclusive use easements for private yard areas. b. Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. FM PS/PW 11 ITEM 2 | 9/4/2018 Amapoa Condos Time Extension TEX 18-0089 / PLN 2007-1233 / Amapoa Lake Park LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval PLN 2007-1233 8391 Amapoa Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney c. Provisions for financing maintenance and upkeep of all common areas. d. A detailed list of each individual homeowner’s responsibilities for maintenance of the individual units. e. Individual unit’s responsibility for keeping all trash receptacles within the unit’s garage. f. A provision requiring that individual garages be maintained for vehicle parking. g. Fencing Standards (height, material, and style) and approved locations. h. 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 recorded or taking effect. 9. Prior to recordation of the final map, the applicant shall submit a condominium plan for recording concurrently with the final map. A qualified licensed professional shall prepare the final map and the condominium plan. FM PS/PW 10. Laundry facilities shall be provided within each individual dwelling unit. FO PS 11. Each unit will be provided a minimum of 100 square feet of enclosed storage space, exclusive of closets. FO PS/BS 12. Each unit will be responsible for its individual trash receptacle and shall keep it screened from public view, except on trash pickup day. FO PS/BS 13. The driveway will be installed with decorative scored and colored concrete as noted on the plan. BP/FO PS 14. The porches on each unit shall be constructed of 6” x 6” minimum size wood members to make it look visually proportional to the rest of the structure. BP PS 15. A final landscape plan shall be submitted prior to building permit issuance. The landscape plan shall identify the number and size of plants to be used in each location. An irrigation plan shall be submitted with the landscape plan. Lawn areas shall be minimized. Drought tolerant shrubs and ground covers shall be used. BP PS 16. All fencing within the front setback (25 feet from Amapoa) shall be less than three feet in total height. Fencing beyond the front setback may be constructed up to 6 feet in height. Fencing design details shall be submitted BP PS 12 ITEM 2 | 9/4/2018 Amapoa Condos Time Extension TEX 18-0089 / PLN 2007-1233 / Amapoa Lake Park LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval PLN 2007-1233 8391 Amapoa Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney with building permits. 17. Trellis features shall be installed over the two car garages to break up the facades. BP PS 18. The drainage swale in the backyard areas shall be installed underground in order to provide a full 5 feet of useable private open space for the homeowners. BP PS 19. Stone veneer banding on the facades shall extend across entire walls where there are no breaks or pop-outs. Stone veneer shall extend to wrap around corners a minimum of 2 feet (including the back corners next to the rear yards) in order to create an authentic and integrated architectural feature. BP PS 20. A minimum of 300 square feet of private open space shall be provided for each unit. BP PS 21. Garage doors shall be architectural grade. Garage doors shall be painted a color compatible with the building color scheme, and shall not be white. BP PS 22. The applicant shall work with staff to add larger windows to the front elevation on Building C, facing Amapoa. The smaller square windows on the left hand side of the first and second floor shall be replaced with larger windows, consistent with the front elevations on other sides of the buildings in the project. BP PS 23. The CC&R’s for the project shall include a section regarding clothes lines. Residents of the project shall be allowed to use clotheslines in the backyards of the units. BP PS Public Works Project Conditions City Engineer Project Conditions 1. Per municipal code section 9-4.160, the developer shall slurry seal Amapoa Avenue across the frontage of the property to a width of 1/2 the roadway plus 10'. GP, BP CE City Engineer Standard Conditions 2. In the event that the applicant bonds for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. GP, BP CE 3. 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. GP, BP CE 13 ITEM 2 | 9/4/2018 Amapoa Condos Time Extension TEX 18-0089 / PLN 2007-1233 / Amapoa Lake Park LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval PLN 2007-1233 8391 Amapoa Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 4. The Subdivision Improvement Agreement shall record concurrently with the Final Map. FM CE 5. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the property frontage. GP, BP CE 6. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. GP, BP CE 7. Slope easements shall be obtained by the applicant as needed to accommodate cut or fill slopes. GP, BP CE 8. Drainage easements shall be obtained by the applicant as needed to accommodate both public and private drainage facilities. GP, BP CE 9. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the tract map. FM CE 10. The final tract map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. FM CE 11. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. FM CE 12. Prior to recording the tract map, the applicant shall bond for or complete all improvements required by these Conditions of Approval. FM CE 13. Prior to recording the tract map, the applicant shall submit a copy of a valid tax bond. FM CE 14. Prior to recording the tract 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 tract map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. FM CE 15. Prior to recording the tract map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map 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 16. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. The applicant shall show all access restrictions on the final map. FM CE 14 ITEM 2 | 9/4/2018 Amapoa Condos Time Extension TEX 18-0089 / PLN 2007-1233 / Amapoa Lake Park LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval PLN 2007-1233 8391 Amapoa Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 17. Prior to recording the tract map, 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 by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the tract map. FM CE 18. Prior to the issuance of building permits, the applicant shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. GP, BP CE 19. Prior to the issuance of building permits, the applicant shall submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10-year flow with gravity flow, the 25-year flow with head, and provide safe conveyance for the 100-year overflow. GP, BP CE 20. Prior to the issuance of building permits, the applicant shall provide for the detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. GP, BP CE 21. Drainage basins shall be designed to desilt, detain and meter storm flows, as well as release them to natural runoff locations. GP, BP CE 22. A mechanism for funding and maintenance of the storm drain facilities shall be provided. GP, BP CE 23. Prior to the issuance of building permits, the applicant shall show the method of dispersal at all pipe outlets. Include specifications for size & type. GP, BP CE 24. Prior to the issuance of building permits, the applicant shall show method of conduct to approved off-site drainage facilities. GP, BP CE 25. Concentrated drainage from off-site areas shall be conveyed across the project site in drainage easements. 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 exact historic path, rate and velocity as prior to the subdivision. GP, BP CE 26. Applicant shall submit erosion control plans with the grading or building plan application. GP, BP CE 27. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer GP, BP CE 28. Off-site streets shall be improved consistent with the tentative tract map. GP, BP CE 15 ITEM 2 | 9/4/2018 Amapoa Condos Time Extension TEX 18-0089 / PLN 2007-1233 / Amapoa Lake Park LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval PLN 2007-1233 8391 Amapoa Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 29. Project shall include construction of curb, gutter and sidewalk along entire frontage. GP, BP CE 30. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE 31. A mechanism to provide for the funding of maintenance for lighting, street improvements, special paving surfaces, storm drain, common area landscape, open space, and hardscape shall be provided. GP, BP CE 32. All utilities shall be undergrounded on project frontage. GP, BP CE 33. All on-site sewer mains shall be privately owned and maintained. FM CE 34. Prior to recording the final map, provisions for the repair and maintenance of the private SS shall be included in the CC&R’s for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. FM CE 35. Applicant shall pay sewer extension (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit. BP CE 36. 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 16 ITEM 2 | 9/4/2018 Amapoa Condos Time Extension TEX 18-0089 / PLN 2007-1233 / Amapoa Lake Park LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Tentative Map 2947 Draft Resolution 2018-A DRAFT PC RESOLUTION PC 2018-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF TENTATIVE MAP 2947 8391 AMAPOA (Amapoa Lake Park, LLC) WHEREAS, Amapoa Lake Park, LLC, 47675 San Anselmo Road, Atascadero, CA, 93422, (owner/applicant) has applied for an extension of Tentative Map 2947 (PLN 2007-1233 / TTM 2007-0099) that proposes a subdivision of 0.34 acres into six (6) airspace condos; and WHEREAS, the Planning Commission approved a Tentative Subdivision Map on August 19, 2008; and WHEREAS, the automatic two-year Time Extension via AB 333 was effective July 15, 2009, setting the expiration date to August 19, 2012; and WHEREAS, the automatic two-year Time Extension via AB 208 was effective July 15 , 2011, setting the expiration date to August 19, 2014; and WHEREAS, the automatic two-year Time Extension via SB 116 was effective July 11, 2013, setting the expiration date to August 19, 2016; and WHEREAS, the Community Development Director approved a one-year time extension for Tentative Subdivision Map entitlements on March 8, 2016, consistent with Atascadero Municipal Code section 9-2.117(a), setting the expiration date to August 19, 2017; and WHEREAS, the Planning Commission approved a one-year time extension for Tentative Subdivision Map entitlements on September 19, 2017, consistent with Atascadero Municipal Code section 9-2.117(b) ; and WHEREAS, the applicant has requested an additional one-year time extension for Tentative Subdivision Map entitlements, and WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA Guidelines Sections 15303 for new construction of small structures, and 15332 for infill development projects; 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. 17 ITEM 2 | 9/4/2018 Amapoa Condos Time Extension TEX 18-0089 / PLN 2007-1233 / Amapoa Lake Park LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission takes the following actions: SECTION 1: Findings for approval of the Time Extension: The Planning Commission makes the following findings consistent with Atascadero Municipal Code Section 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 August 19, 2008. All Conditions of Approval are to be completed 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 standards of the General Plan or zoning regulations apply to the project. FACT: The site remains vacant. Review of historical aerial photographs indicates the surrounding properties to the north, east and south have been developed as residences since before 2007. To the west, several properties on Highway 41 have developed as commercial businesses since 2007. This change to the site’s surroundings has not altered how the standards of the General Plan or zoning regulations apply to the project. SECTION 2: Approval: The Planning Commission does hereby approve a one-year Time Extension of TTM 2007-0099, to expire on August 19, 2019. 18 ITEM 2 | 9/4/2018 Amapoa Condos Time Extension TEX 18-0089 / PLN 2007-1233 / Amapoa Lake Park 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 19 ITEM 3 | 9/4/2018 Conditional Use Permit USE 18-0062 / Kleinschmidt 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 Conditional Use Permit for a Parking Modification (USE 18-0062) RECOMMENDATION: Staff recommends the Planning Commission adopt PC Resolution 2018-A approving Conditional Use Permit 18-0062 to allow a reduction in the number of required off-street parking spaces, and a modification of fencing requirements for a mixed-use development in the Downtown Commercial zoning district, based on findings and subject to conditions of approval. Project Info In-Brief: PROJECT ADDRESS: 5802 Traffic Way Atascadero, CA APN 029-322-012 PROJECT PLANNER Katie Banister, Associate Planner 805-470-3480 kbanister@atascadero.org PROPERTY OWNER Kathryn Kleinschmidt, 3330 Harbor Circle, Unit C, Paso Robles, CA 93446 GENERAL PLAN DESIGNATION ZONING DISTRICT SITE AREA EXISTING USE PROPOSED USE Downtown (D) Downtown Commercial (DC) 0.4 acres Vacant Mixed use (commercial & residential) ENVIRONMENTAL DETERMINATION ☐Environmental Impact Report SCH: ___________________________ ☒ Negative / Mitigated Negative Declaration No. 2004-0012, Certified April 7, 2004 ☐ Categorical Exemption CEQA – Guidelines Section 15301 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 20 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Surrounding Uses / Parcel Configurations: Zoning Aerial North: South: East: West: High-Density Residential Multiple-Family (RMF-24) Downtown Commercial (DC) Downtown Commercial (DC) Low-Density Residential Multiple-Family (RMF-10) Background: Mixed-use projects are allowed and encouraged in the Downtown Commercial zoning district. Unlike most commercial uses, residential uses are required to provide off -street parking. The applicant is requesting Planning Commission approval to allow two fewer parking spaces than required by the Zoning Ordinance. The Design Review Committee reviewed the project on June 27, 2018 and recommended approval. Their comments have been incorporated into the conditions of approval in the attached draft resolution. The project includes a ground-floor commercial space and three upper-floor residential units. The Zoning Ordinance requires a total of seven parking spaces, three of which must be covered. The applicant proposes providing five total parking spaces, all of which would be covered. Fencing is required to screen commercial projects when adjacent to residential uses. Due to the slope of the property and the mixed uses in the project, the Design Review Committee recommends the Planning Commission modify the locations where fencing will be required. DC RMF-10 RMF-24 21 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Analysis: The subject site is a vacant lot approximately 0.4 acres in size; 70 feet wide and 280 feet deep. The proposed project is the construction of two buildings. The front building includes 1,100 square feet of enclosed ground-floor commercial space, and a 1,080 square-foot, 2-bedroom, second-floor residence with a “green roof”, which will support live plants. The rear building is a residential duplex with garages on the first floor and 2 - bedroom units on the second and third floors. Unit 1 is 1,350 square feet in area and Unit 2 is 1,538 square feet in area. About half the property, including the steepest area, will not be altered as a part of the project. Site Plan Parking In the Downtown Commercial zoning district, most commercial uses, including retail stores and restaurants, are not required to provide off-street parking. Atascadero City Ordinance 615, approved by the City Council April 27, 2018 , amended Atascadero Municipal Code 9-3.347 to require off-street parking for offices and health care services. Residential uses are required to provide off -street parking at the rate shown in the following table. Parking Requirement Calculation Use Parking Requirement Quantity Spaces Required 2-bedroom apartment 2 spaces / apartment 3 6 Covered parking 1 space / apartment 3 3 (of the total qty.) Guest parking 1 space / 5 apartments 3 1 TOTAL 7 The site is steeply sloped and relatively narrow, and therefore offers few options for parking and site development. The project has been designed in order to minimize grading while providing a commercial space of marketable size, and a driveway of appropriate width and slope to comply with fire department standards. In order to provide additional parking, the rear building would need to be pushed further up the hill 22 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero resulting in substantially more grading and a larger project footprint. The site does not have the benefit of an alley to hide additional parking from the pedestrian landscape. Site Section The Downtown Commercial zoning district is envisioned as a pedestrian -friendly commercial area with people living near a mix of goods and services. Tenants choosing to live in the downtown above a commercial business are often seeking a more urban experience than that expected in a solely residential development. There is not an automatic expectation that allocated parking will be provided immediately adjacent to apartment spaces. Providing additional parking on this site would give greater dominance to automobile over pedestrian access. The City recently conducted a study of the available parking spaces in the downtown. City staff counted 25 on-street parking spaces on Traffic Way between El Camino Real and Lewis Ave., and 13 on Lewis between Traffic Way and Entrada. In both private and public lots, there are 68 off -street spaces on Traffic Way. Residential uses primarily need parking in the evening and into the morning when many businesses are closed. The rear building includes two garages. One is a deep, two-car garage with tandem spaces. The second is a one-car garage. Between the front and rear buildings is a carport for two cars. The project will provide at least one parking space for each residential unit. Two of the units will have two s paces. The site will not provide the required guest parking allocation. The Design Review Committee recommends the Planning Commission approve the parking reduction. The draft resolution includes the following parking-related conditions: - The ground floor commercial space shall be limited to uses without an off -street parking requirement, - The owner shall be required to lease one of the apartments without a double garage to a tenant with only one vehicle, - The owner shall ensure the garages are used for parking vehicles, - No vehicle parking associated exclusively with the commercial space shall be permitted on the site, and - The owner shall provide bicycle parking for at least 4 bicycles. 23 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Ground Floor Plan Fencing. Atascadero Municipal Code 9-4.128 requires a 6-foot high solid fence or wall between commercial and residential uses. The Planning Commission may approve a fencing modification if warranted by the characteristics of the site or site vicinity. The proposed project consists of residential and commercial uses on a property that abuts exclusively residential uses on both the northern and western sides. The DRC recommends the Planning Commission eliminate all fencing requirements for the project. Along the western property line, a fence would block the view for the uphill residential lot on Rosario Avenue. Further, the proposed development is set back approximately 150 feet from this property line. T o the east of the property are the Villa Atascadero Apartments. The existing apartment building is about 10 feet from the property line. The DRC felt a fence along this property line would force the residents to look out their window at a blank fence. They recommend tall shrubbery be planted at this property line instead. Staff has provided conditions in the draft resolution attached to address screening on the eastern property line. Two-car carport Two-car garage (tandem parking) One-car garage 24 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Design Review Committee Recommendations. The draft resolution contains additional conditions based on the recommendations of the Design Review Committee. These conditions address the landscaping, garbage collection, and the appearance of the project. ENVIRONMENTAL DETERMINATION: Staff has determined the proposed project is in substantial conformance with the Mitigated Negative Declaration 2004-0012, certified for the 2004 project. The current project is a scaled-down version of the 2004 project, so is expected to have similar but reduced environmental impacts, such as requiring less grading and fewer expected vehicle trips generated. The design proposes green features including a straw-bale insulated south-facing wall, and green roofs on the front building, and a carport located between the two main buildings. FINDINGS: To approve the off-street parking reduction and fencing modification, the Planning Commission must make specific 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 of the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 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. 6. The proposed project is in compliance with any pertinent city policy or criteria adopted by ordinance or resolution of the city council. Tree #481 25 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Planning Commission Modification of Parking Standards (AMC Section 9-4.115(h)) 7. The characteristics of a use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by the Zoning Ordinance. 8. Reduced parking will be adequate to accommodate on the site all parking needs generated by the use. Planning Commission Modification of Fencing and Screening (AMC 9 -4.128(b)(3)) 9. Specifically identified characteristics of the site or site vicinity would make required fencing or screening unnecessary or ineffective. ALTERNATIVES: 1. The Planning Commission may include modif ications to the project and/or conditions of approval for the project. Any proposed modifications, including conditions of approval, should be clearly re-stated in any vote on any of the attached resolutions. 2. The Planning Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required. A motion, and approval of that motion, is required to continue the item to a future date. 3. The Planning Commission may deny the project. The Commission must specify what findings cannot be made, and provide a brief oral statement, based on the Staff Report, oral testimony, site visit, correspondence, or any other rationale introduced and deliberated by the Planning Commission. ATTACHMENTS: 1. Site Photos 2. Draft Resolution PC 2018-A 26 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Attachment 1: Site Photos USE18-0062 From Traffic Way View Looking North at Apartments Villa Atascadero Apartments 27 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Street frontage towards El Camino Real 28 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Draft Resolution 2018-A USE18-0062 DRAFT PC RESOLUTION 2018-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 18-0062 FOR A PARKING REDUCTION AND A FENCING MODIFICATION 5802 TRAFFIC WAY (APN 029-322-012) WHEREAS, an application was received from Kathryn Kleinschmidt, The Giving Tree Center, 3330 Harbor Circle, Unit C., Paso Robles, CA 93446 (owner); and by Rachel Aljilani, San Luis Sustainability Group, 16550 Oracle Oak Way, Santa Margarita, CA, 93453 (architect); for a Conditional Use Permit for a parking reduction and a fencing modification; and WHEREAS, the property is in the Downtown Commercial zoning district; and WHEREAS, the property is designated as Downtown by the General Plan; and WHEREAS, multi-family residences are allowed on the second floor or above in the Downtown Commercial zoning district; and WHEREAS, restaurants and retail-commercial uses are not required to provide off-street parking in the Downtown Commercial zoning district; and WHEREAS, office, health care services, hotel, and residential uses are required to provide off- street parking in the Downtown Commercial zoning district; and WHEREAS, a community goal enumerated in the Downtown Revitalization Plan is to establish the downtown area as pedestrian-oriented; and WHEREAS, The Design Review Committee reviewed the project on June 27, 2018, and made recommendations to the Planning Commission incorporated into this resolution; 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 project is in substantial conformance with Mitigated Negative Declaration 2004-0012, certified by the Atascadero Planning Commission with Resolution PC 2004-0035; and WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on September 4, 2018, at 6:00 p.m., reviewed the proposed Conditional Use Permit application and considered testimony and reports from staff, the applicants, and the public. 29 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero NOW THEREFORE, BE IT RESOLVED, the Planning Commission of the City of Atascadero, California, takes the following actions: SECTION 1. Findings for Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan. Fact: The General Plan identifies downtown revitalization as a mechanism to provide a secure revenue base, one of four framework principals of the whole plan. The guiding principal of the Land Use, Open Space and Conservation Element (LOC) is to retain the historic Colony land use pattern and rural character of the City. Focusing mixed uses into the downtown supports this principal. LOC Program 1.1 is to concentrate higher density development into the downtown. LOC Program 1.1.7 encourages urban infill. LOC Goal 4 is to provide for a strong and distinctive Downtown Area. LOC Program 4.1.1 is to provide mixed-use/pedestrian scale zoning downtown with residential uses in multi-story buildings with sidewalk orientation and recessed parking. Circulation Program 1.1.3 is to enhance the vehicular, bicycle and pedestrian access and travel within the downtown. Circulation Policy 2.2 is to accommodate bicycles at major destinations including downtown. Housing Element Program 1.1.2 is to continue to allow mixed residential and commercial development in the downtown. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance. Fact: As conditioned, the project satisfies the setback, height, landscaping, lighting, solid-waste collection, and multi-family property development standards. 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. Fact: The proposed use is an extension of the existing land-use pattern in the downtown. Restaurants and small retail uses are the highest use of ground-floor spaces and residences or offices on upper floors are encouraged. The project is designed to minimize impacts to neighboring properties. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. Fact: The proposed use is an extension of the existing land-use pattern in the downtown. Restaurants and small retail uses are the highest use of ground-floor spaces and residences or offices on upper floors are encouraged. 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the land use element. Fact: The Institute Of Transportation Engineers (ITE) Trip Generation Handbook expects three apartments to generate 20 additional daily trips to the site. Depending on the eventual tenant and 30 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero type of business, the commercial space will generate between 50 and 250 daily trips. The City is currently trying to generate additional business traffic to the downtown. The safe capacity of the roads will not be exceeded. 6. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Fact: City Council Policy for Mixed Use Applications encourages vertical mixed -use projects where residential uses are on upper floors over commercial uses and puts additional requirements on horizontal mixed uses. This project is a vertical mixed use project where commercial uses are retained on the first floor. The Downtown Revitalization Plan envisions a pedestrian-oriented mixed-use shopping and dining district in the downtown area. The project will directly forward these goals, and exemplifies the pattern of uses desired in the downtown. 7. The characteristics of the use or its immediate vicinity do not necessitate the number of parking spaces, type of design, or improvements required by the Zoning Ordinance. Fact: The downtown zoning district is a pedestrian-oriented commercial area. The peak parking demand time for residential parking is staggered from commercial peak demand times. The downtown currently has abundant parking that can be shared by a mix of uses. 8. Reduced parking will be adequate to accommodate on the site all parking needs generated by the use. Fact: As conditioned, the project will provide adequate off-street parking for the residential uses. One apartment without a 2-car garage must be rented to a tenant with only one vehicle. Bicycle parking will also be provided. 9. Specifically identified characteristics of the site or site vicinity would make required fencing or screening unnecessary or ineffective. Fact: The topography of the site makes a screening fence at the rear property line unnecessary. Such a fence would block the view for uphill neighbors. Fences along the side property lines are unnecessary due to vegetative screening between residential and commercial uses. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 4, 2018, resolved to approve Conditional Use Permit 18-0062, subject to the following: EXHIBIT A: Notice of Intent to Adopt Mitigated Negative Declaration 2004-0012 EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Elevations EXHIBIT E: Color and Materials EXHIBIT F: Conceptual Floor Plans EXHIBIT G: Landscape Plan 31 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt 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: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Jerel Seay Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 32 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT A: Notice of Intent to Adopt Mitigated Negative Declaration 2004-0012 USE18-0062 33 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT B: Conditions of Approval USE18-0062 Conditions of Approval USE18-0062 5802 Traffic Way Planning Services Conditions 1. This Conditional Use Permit shall modify the off-street parking requirement and fencing requirement for a mixed- use development at 5802 Traffic Way, and located on a portion of Lot 2, Block LA, according to Amendment “C” to map of Atascadero, recorded August 10, 1917 in Book 4, Page 22A of Maps in the County of San Luis Obispo, California, APN 029-322-012, regardless of owner. 2. The project shall be designed and constructed in substantial conformance with Exhibits C, D, E, F, and G of this resolution. 3. The approval of this use permit shall become final and effective for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval, unless an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 4. Approval of this Conditional Use Permit 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. 5. The owner shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the construction or use of the detached accessory structure. 6. The Community Development Department shall have the authority to approve 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 issue that is not substantive to the conditional use permit. The Planning Commission shall have the final authority to approve any other changes to the conditional use permit unless appealed to the City Council. 7. The Design Review Committee may approve more substantial design changes than those described in Condition 6 above, when the changes do not involve an increase in the off-street parking requirement. Changes that result in an increase in the number of parking spaces required (including increasing the number of residential units or the number of bedrooms in residential units) must receive approval from the Planning Commission. 8. Ongoing, the owner shall provide, at minimum, five (5) on-site parking spaces whose design complies with Atascadero Municipal Code Parking and Loading standards. 9. Ongoing, all on-site parking spaces shall be used exclusively for parking vehicles. The spaces may not be used for storage nor converted to other uses such as residential additions or commercial space, until replacement parking spaces are created, leased or acquired. 10. Ongoing, the owner shall rent at least one of the residential apartments without a two-car garage to tenants with a total of one vehicle. 11. The carport, and any other parking spaces that are not within a garage, shall be located entirely behind a principal building. No part of a carport structure shall be visible by a pedestrian from directly across Traffic Way. The carport shall be constructed of materials that are compatible with the color and materials of the principal buildings 34 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval USE18-0062 5802 Traffic Way to the satisfaction of the Community Development Director. 12. Before final occupancy, the owner shall provide a bicycle parking rack(s) with capacity for at least 4 bicycles in a location(s) convenient for use by both residents, and commercial employees and customers. The location of the bicycle parking shall be to the satisfaction of the director of Community Development and the City Engineer. Bicycle parking may be located in the public right-of-way at the discretion of the City Engineer and shall require the approval of an encroachment permit. 13. Ongoing, the commercial spaces on the property shall be limited to land uses which do not have an off-street parking requirement. 14. Ongoing, no vehicles associated exclusively with the commercial space shall be parked on the property. On-site parking spaces shall be reserved exclusively for use by residential tenants. 15. The owner shall install all new utilities servicing the project underground. 16. At the time of building permits, the owner shall provide ducting shafts from the commercial space in the front building for ventilation of a future restaurant kitchen. The ventilation shall exhaust away from operable windows of residential units. Architectural features shall be provided to screen future roof-mounted exhaust equipment from the view of public streets to the extent allowed by applicable fire-safety and building codes. 17. To the extent feasible within structural constraints, glazing shall be increased in the front wall of the commercial space either by adding windows or increasing the size of the glass in the front doors. The design of additional glazing shall be to the satisfaction of the Community Development Director. 18. Garbage collection bins shall be moved to Traffic Way for garbage collection. No garbage trucks shall be permitted to enter the site to pick up garbage, recycling or green waste. The garbage collection area shall be designed to hold garbage bins of sufficient size to accommodate all on-site trash generation. 19. The owner shall comply with all Zoning Ordinance requirements for multi-family residential developments and commercial developments in the Downtown Commercial zoning district not specifically altered by this conditional use permit. 20. All signage shall comply with the standards of the Atascadero Sign Ordinance or as modified by a future use permit. 21. The owner shall use colors and materials approved by the Design Review Committee and as generally shown in Exhibit E (Mitigation Measure 1.c.2). 22. Before final occupancy, the owner shall provide screening between the project and the apartment building at 5800 Traffic Way (Villa Atascadero). Screening may be by a 6-foot tall solid fence or wall or by landscaping with plants with an expected height of at least 6 feet. No other fencing or screening is required on the site unless required by the Building Official or Fire Marshall. The design of the fence, wall or landscape screening shall be to the satisfaction of the Community Development Director. 23. At the time of building permit, the owner shall provide a landscaping and irrigation plan consistent with Exhibit G and the Water Efficient Landscape and Irrigation Ordinance to the satisfaction of the director of the Community Development Department. The plan shall include: a. Two street trees on Traffic Way. Street trees shall be London Plane Sycamores at least 15-gallon in size and doubled staked (Mitigation Measure 1.c.1). Trees shall be provided with the adopted downtown tree grate., and 35 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval USE18-0062 5802 Traffic Way b. A row of plants with an expected height of at least 6 feet above the retaining wall above the parking area and parallel to Traffic Way to screen the rear of the property from Traffic Way, and c. Plantings along the western and eastern property lines. 24. All exterior lights shall utilize full cut-off, “hooded” lighting fixtures to prevent offsite light spillage and glare. The height of any luminaire pole shall not exceed 14 feet, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval (Mitigation Measure 1.d.1). 25. During construction, the owner shall comply with Air Pollution Control Board Standard Mitigation Measures listed below: Section 2.3.1 Construction Equipment: a. Maintain all construction equipment in proper tune according to manufacturer’s specifications; b. Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non taxed version suitable for use off-road); c. Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State off-Road Regulation; d. Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification standard for on-road heavy-duty diesel engines, and comply with the State On-Road Regulation; e. Construction or trucking companies with fleets that that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance; f. All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit; g. Diesel idling within 1,000 feet of sensitive receptors is not permitted; h. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; i. Electrify equipment when feasible; j. Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and, k. Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. Section 2.4: Fugitive Dust a. Reduce the amount of the disturbed area where possible; b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non- potable) water should be used whenever possible; c. All dirt stock pile areas should be sprayed daily as needed; d. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities; e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non-invasive grass seed and watered until vegetation is established; f. All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114; j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; 36 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval USE18-0062 5802 Traffic Way k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible; l. All of these fugitive dust mitigation measures shall be shown on grading and building plans; and m. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. (Mitigation Measure 3.b.1) Public Works Conditions 26. Prior to the issuance of a Building Permit, the property owner shall dedicate to the City of Atascadero, the southeasterly twelve feet (12-FT) of the subject property for public right-of-way purposes to complete an overall right-of-way width for Traffic way of 78-feet. Building Services Conditions 27. The owner shall submit a soils report with building permit applications (Mitigation Measure 6.c.1). 28. All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation:  7 a.m. to 7 p.m. Monday through Friday  9 a.m. to 6 p.m. Saturday  No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process (Mitigation Measure 11.d.1). Fire Department Conditions 29. The project shall comply with all Fire Department standards and requirements including for fire-rated building separations; fire sprinklers; driveway length, width, surface and slope; and fire truck turnaround. 37 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit C: Site Plan USE18-0062 Building 1 Building 2 Car Port 38 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit D: Elevations USE18-0062 39 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 40 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit E: Color and Materials USE18-0062 41 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit F: Conceptual Floor Plan USE18-0062 First Floor Commercial Space Front Patio Straw Bale Wall Courtyard Tandem Two-Car Garage One-Car Garage Mechanical and Storage Two-Car Car Port Garbage Collection 42 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Second Floor Green Roof over Car Port 43 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Third Floor Green Roof Roof Deck Front Property Line 44 ITEM 3 | 9/4/2018 Conditional Use Permit USE18-0062 / Kleinschmidt Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit G: Landscape Plan USE18-0062 Screening with 6- foot or taller shrubs Area to be revegetated after construction with native grasses or shrubs 45