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HomeMy WebLinkAboutPC Resolution 2018-0029 EXHIBIT A: Notice of Intent to Adopt Mitigated Negative Declaration 2004-0012 USE18-0062 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 to the satisfaction of the Community Development Director. Conditions of Approval USE18-0062 5802 Traffic Way 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 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 Conditions of Approval USE18-0062 5802 Traffic Way 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 f leet 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; 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 Conditions of Approval USE18-0062 5802 Traffic Way 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. Exhibit C: Site Plan USE18-0062 Building 1 Building 2 Car Port Exhibit D: Elevations USE18-0062 Exhibit E: Color and Materials USE18-0062 Exhibit F: Conceptual Floor Plan USE18-0062 First Floor Second 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 Third Floor Green Roof over Car Port Green Roof Roof Deck Front Property Line Exhibit G: Landscape Plan USE18-0062 Screening with 6- foot or taller shrubs Area to be revegetated after construction with native grasses or shrubs