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HomeMy WebLinkAboutPC_2019-01-15_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. CITY OF ATASCADERO PLANNING COMMISSION AGENDA REGULAR MEETING Tuesday, January 15, 2019 6:00 P.M. 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 perso ns 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 a ction 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. DRAFT MINUTES OF DECEMBER 4, 2018  Recommendation: Commission approve the December 4, 2018 Minutes. COMMUNITY DEVELOPMENT STAFF REPORTS None. City of Atascadero Planning Commission Agenda Regular Meeting, January 15, 2019 Page 2 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. PUBLIC HEARINGS (For each of the following items, th e 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).) 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, Tentati ve 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 t o comment on the ex parte communication. 2. CONDITIONAL USE PERMIT FOR 940 EL CAMINO REAL The proposed project is a site to be used for a 4-story 131-room hotel.  Ex-Parte Communications:  Recommendation: Approve the project with conditions. (DEV18-0073) 3. CONDITIONAL USE PERMIT FOR 11505 HALCON ROAD The proposed project is a site to be used for a contract construction service use, including an office and a shop.  Ex-Parte Communications:  Recommendation: Approve the project with conditions. (DEV18-0113) 4. CONDITIONAL USE PERMIT FOR 11405 VIEJO CAMINO AND 11505 EL CAMINO REAL The proposed project is a mini-storage facility with approximately 53,000 square feet of storage space and a caretaker’s residence in the Public zoning district.  Ex-Parte Communications:  Recommendation: DENY the project. (DEV18-0103) COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on February 5, 2019, at 6:00 p.m. 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. City of Atascadero Planning Commission Agenda Regular Meeting, January 15, 2019 Page 3 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the 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 Department and are availa ble 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 Com mission 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 be reviewed by the publi c. 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 notify the C ommunity 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 public comments will be heard by the Commission. PC Draft Minutes of 12/4/18 Page 1 of 7 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, December 4, 2018 – 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:00 p.m. Chairperson Seay called the meeting to order at 6:00 p.m. and Commissioner Betz led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Betz, Dariz, Donovan, Wolff, and Chairperson Seay Absent: Vice Chairperson Zirk (excused absence) Others Present: Recording Secretary, Annette Manier Recording Secretary, Jessica Gibson Staff Present: Community Development Director, Phil Dunsmore Senior Planner, Kelly Gleason Associate Planner, Katie Banister Assistant Planner, Mariah Gasch APPROVAL OF AGENDA MOTION: By Commissioner Wolff and seconded by Commissioner Donovan to approve the Agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Seay closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF DRAFT MINUTES OF NOVEMBER 20, 2018 ITEM NUMBER: 1 DATE: 1-15-19 1 PC Draft Minutes of 12/4/18 Page 2 of 7 MOTION: By Commissioner Donovan and seconded by Commissioner Betz to approve the Consent Calendar. Motion passed 4:0 by a roll-call vote (Betz, Wolff abstained due to their absence from the last meeting) PLANNING COMMISSION BUSINESS None 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).) 2. AMENDMENT TO CUP FOR 10630 WEST FRONT ROAD (INGLESIDE) Property Owner/Applicant: Shirley Barratt / William Vaughn Project Title: AMND18-0091 Project Location: 10630 West Front Road, Atascadero, CA 93422 APN 045-353-007, San Luis Obispo County Project Description: The proposed project is an Amendment to Conditional Use Permit 2000-0004 to allow the phased expansion of Ingleside Assisted Living to accommodate 50 assisted-living residents and 9 hospice-care patients. The expanded facility would include 34 bedrooms, and a 2,880 square-foot detached garage. Staff recommendation is to approve the project with conditions. City Staff: Associate Planner, Katie Banister, kbanister@atascadero.org, Phone: (805) 470-3480 Environmental Determination: Categorical Exemption CEQA – Guidelines Section 15332 Recommendation: Planning Commission adopt PC Resolution 2018-A, approving the Conditional Use Permit with Conditions of Approval. 2 PC Draft Minutes of 12/4/18 Page 3 of 7 EX PARTE COMMUNICATIONS Commissioners Anderson and Dariz reviewed this project at the Design Review Committee. Associate Planner Banister presented the staff report a nd answered questions from the Commission. Planner Banister proposed that Condition 24 be amended to read: Before the building permit is finaled for the Phase 1 garage, the owner shall install split rail fence at the rear property line from the southeast corner of the rear property line to the existing metal fence as shown in Exhibit H. PUBLIC COMMENT The following letters were submitted to the Commission and distributed prior to the meeting for the record: Email from Susan M. Blais (Exhibit A), Email f rom Monica Firchow (Exhibit B), Email from Mike and Sidney Reagan (Exhibit C), Email from Jessica Lewis-Broadbent (Exhibit D), Letter from Robin Merrill (Exhibit E), and Letter from Rea Willson (Exhibit F) and a lighting plan from Ingleside (Exhibit G) which was distributed at the meeting. The following members of the public spoke during public comment: Pamela Jardini, Ron Freeman, Eddie Sapien, David Garibay, Rea Willson who read a letter (Exhibit F) and Larry Gabriel. Eddie Sapien requested that there be wrought iron fencing all along the property line. Chairperson Seay closed the Public Comment period. Staff answered questions about the size of the building and drainage. MOTION: By Commissioner Anderson and seconded by Commissioner Donovan recommending the Planning Commission adopt PC Resolution 2018- A, approving an Amendment to CUP 2000-0004 (AMND18-0091), allowing the phased expansion of Ingleside Assisted Living with maximum occupancy of 59 clients, subject to Conditions of Approval, with the following changes: Condition 24 to be amended to read that before the building permit is finaled for Phase 1 garage, the owner shall install all metal fence along the property line; eliminate Condition 4, which allows staff to approve minor changes to the project; and amend conditions to allow pole lights to 8’ tall. Motion passed 6:0 by a roll-call vote. 3 PC Draft Minutes of 12/4/18 Page 4 of 7 3. TENTATIVE PARCEL MAP FOR 11885 HALCON ROAD (JOY) Senior Planner Gleason presented the staff report and answered questions from the Commission. Planner Gleason stated that Condition 11 needs clarification and would like to change the wording to say all subdivision maintenance, rather than all tract maintenance. EX PARTE COMMUNICATIONS None PUBLIC COMMENT The following letter was submitted to the Commission and distribute d prior to the meeting for the record: Email from Colleen Annes, MD (Exhibit H) and Email from Monty Clouse, Ph.D. (Exhibit I). The following members of the public spoke during public comment: Pamela Jardini. Ms. Jardini said she was in agreement with staff’s conditions, except she is requesting that the condition be amended to allow a decomposed granite path rather than a paved path. Chairperson Seay closed the Public Comment period. Chairperson Seay asked for clarification on roadwork in relation to le tters received. Staff answered his question. MOTION: By Commissioner Donovan and seconded by Commissioner Betz recommending the Planning Commission adopt PC Resolution 2018-A, approving Tentative Parcel Map AT18-0123 to subdivide one residential parcel into three Property Owner/Applicant: Michael and Laura Joy Project Title: SBDV18-0092 Project Location: 11885 Halcon Road, Atascadero, CA 93422 APN 045-401-014, San Luis Obispo County Project Description: The proposed project is a Tentative Map to subdivide the property into three parcels in the RSF-Y zoning district. Two parcels will be 1-acre, the third will be 2.88-acres. The site is developed with a single-family residence that is proposed to remain. City Staff: Kelly Gleason, Senior Planner, kgleason@atascadero.org, Phone: (805) 470-3446 Environmental Determination: Previously certified MND No. 2015-0007 Recommendation: Planning Commission adopt PC Resolution 2018-A, approving the Tentative Parcel Map with Conditions of Approval. 4 PC Draft Minutes of 12/4/18 Page 5 of 7 residential parcels, subject to Conditions of Approval including the clarification to Condition 11, as outlined by staff. Motion passed 6:0 by a roll-call vote. 4. TENTATIVE PARCEL MAP FOR 7300 EL CAMINO REAL (DYNAMIC) EX PARTE COMMUNICATIONS None Senior Planner Gleason presented the staff report and answere d questions from the Commission. Planner Gleason suggested a change to modify Condition 8 as follows:  Modification to Condition #8 to allow either easement or agreement, with language to be approved by City’s Community Development Director, to allow installation of improvements on Parcel 1 as shown on permits for the Habit restaurant PUBLIC COMMENT The following members of the public spoke during public comment: Pamela Jardini. Ms. Jardini is in agreement with the modification to Condition 8. Chairperson Seay closed the Public Comment period. MOTION: By Commissioner Donovan and seconded by Commissioner Dariz recommending the Planning Commission adopt PC Resolution 2018-A, approving Tentative Parcel Map AT18-0128 to subdivide one commercial parcel into two commercial parcels, subject to Conditions of Property Owner/Applicant: Dynamic Atascadero Investments Project Title: SBDV18-0110 Project Location: 7300 El Camino Real, Atascadero, CA 93422 APN 030-222-048, San Luis Obispo County Project Description: The proposed Tentative Parcel Map would subdivide one (1) existing commercial parcel into two (2) parcels which will include separate buildings for the existing MedPost and The Habit Restaurant which is currently under construction. City Staff: Callie Taylor, Senior Planner, ctaylor@atascadero.org, Phone: (805) 470- 3448 Environmental Determination: Categorical Exemption CEQA – Guidelines Section 15315 Recommendation: Planning Commission adopt PC Resolution 2018-A, approving the Tentative Parcel Map with Conditions of Approval. 5 PC Draft Minutes of 12/4/18 Page 6 of 7 Approval, with the modification to Condition 8, as presented by staff. Motion passed 6:0 by a roll-call vote. 5. CONDITIONAL USE PERMIT FOR 8451 EL CAMINO REAL (COLONY TAVERN) EX PARTE COMMUNICATIONS: None Assistant Planner Gasch presented the staff report and answered questions from the Commission. Planner Gasch proposes to add a screening modification that was not included in the conditions as follows: AMC 9-4.128(b)(3) Fencing and screening Planning Commission Modification. Any of the requirements of this section [Fencing and screening] may be waived or modified through conditional use permit approval, provided the Planning Commission first finds that specifically identified characteristics of the site or site vicinity would make required fencing or screening unnecessary or ineffective. .PUBLIC COMMENT The following letter was submitted to the Commission and distributed prior to the meeting for the record: Nardonne’s Pizza (Exhibit J) The following members of the public spoke during public comment: Jim Russell, Janice Daugherty, John Daugherty, and Jonathan Velasco. Mr. Russell requests short-term parking in the front of the building so cigarette store and pizza store customers can also have quick access. Mr. Russell answered questions from the Commission. Chairperson Seay closed the Public Comment period. Property Owner/Applicant: Jim Russell / Jonathan Velasco Project Title: USE18-0123 Project Location: 8451 El Camino Real, Atascadero, CA 93422 APN 030-512-007, San Luis Obispo County Project Description: The proposed project is a Conditional Use Permit to allow a new bar/ tavern at this location. City Staff: Mariah Gasch, Assistant Planner, mgasch@atascadero.org, Phone: (805) 470-3436 Environmental Determination: Categorical Exemption CEQA – Guidelines Section 15301: Existing Facilities Recommendation: Planning Commission adopt PC Resolution 2018-A, approving the Conditional Use Permit with Conditions of Approval. 6 PC Draft Minutes of 12/4/18 Page 7 of 7 Staff answered questions in regards to red curbing, parking issues, and an off-site shared parking agreement. The Commission suggested that the Public Works Director look at the red curb area. Signage on Arcade needs to removed if more signage will be added. MOTION: By Commissioner Donovan and seconded by Commissioner Anderson recommending the Planning Commission adopt PC Resolution 2018- A, approving a Conditional Use Permit (USE18- 0123) to permit a Bar/Tavern use at 8451 El Camino Real, subject to Conditions of Approval, with an added condition for the building owner to produce permits for the discount cigarette sign, or to remove the existing non-permitted sign on the side of the building, prior to the placement of sign B. Motion passed 6:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None DIRECTOR’S REPORT Director Dunsmore gave an update on items scheduled for January 15th meeting. A new Council will be sworn in a week from today, and then new Commissioners may be appointed. ADJOURNMENT – 8:42 p.m. The next regular meeting of the Planning Commission will be on January 15, 2019, at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant The following Exhibits are available in the Community Development Department: Exhibit A – Email from Susan M. Blais Exhibit B – Email from Monica Firchow Exhibit C – Email from Mike & Sidney Reagan Exhibit D – Letter from Jessica Lewis-Broadbent Exhibit E – Letter from Robin Merrill Exhibit F – Letter from Rea Wilson Exhibit G – Map from Ingleside Exhibit H - Email from Colleen Annes, MD Exhibit I – Email from Monty Clouse Exhibit J – Letter from Nardonne’s Pizza 7 ITEM 2 | 1/15/2019 Hotel Master Plan of Development DEV18-0073 / Westar Associates Atascadero Planning Commission Staff Report – Community Development Department Home Depot Center Phase II Master Plan of Development Amendment for a Hotel DEV 18-0073 RECOMMENDATION(S): Planning Commission adopt PC Resolution 2019-A amending the Home Depot Center Master Plan of Development (CUP 2000-0014) to allow a hotel where two retail buildings were previously approved. Project Info In-Brief: PROJECT ADDRESS: 940 El Camino Real Atascadero, CA APN 049-045-033 049-045-034 049-045-035 PROJECT PLANNER Katie Banister Associate Planner 805-470-3480 kbanister@atascadero.org APPLICANT Westar Associates 2925 Bristol Street, Costa Mesa, CA 92626 PROPERTY OWNER Atascadero 101 Associates 2925 Bristol Street, Costa Mesa, CA 92626 GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Commercial Park (CPK) Commercial Park (CPK) PD-9 Overlay Appx. 2.25 acres Vacant retail pads and parking area 131-room hotel ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☒ Negative / Mitigated Negative Declaration No. 2007-0024 ☐ Categorical Exemption CEQA – Guidelines Section 153____ ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 8 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates REPORT-IN-BRIEF: The applicant is proposing to amend the Master Plan of Development for the vacant sites adjacent to the Marriot Springhill Suites Hotel in the Home Depot Center. There is no specific operator or brand for the hotel at this time, however, the applicant would like to amend the Master Plan to allow for a 4-story, 131-room hotel. The draft resolution includes conditions putting finite limits on the scope of the project, and minimum design requirements. The final site plan, landscape plan, and building elevations would be subject to Design Review Committee approval when the applicant attains a hotel operator and building details are refined. The plans would also be reviewed by staff for compliance with all applicable standards including the building code, fire code, and stormwater regulations. This approval process is limited to approval of the conceptual site plan, building mass, and change of scope of the existing Master Plan of Development. DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning 2014 Aerial North: South: East: West: Marriot Hotel RSF-X OS Salinas River HWY 101 RS RMF-24 Home Depot CPK / PD-9 HWY 101 Graves Creek RS Unincorporated SLO County RS CPK / PD9 RSF-X RMF-24 9 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates Background: In March 1999, the Planning Commission approved a Master Plan of Development, Mitigated Negative Declaration, and Planned Development 9 overlay to allow the phased construction of 239,000 square feet of commercial buildings on 27 acres at the north end of El Camino Real. The center included Phase I on the east side of El Camino Real, and a smaller Phase II on the west side of El Camino Real adjacent to Highway 101. The PD-9 Overlay Zoning District is site specific to the Home Depot Center, allowing for a variety of commercial uses to be developed in conjunction with a Master Plan of Development. The Master Plan of Development and PD-9 designation apply to both sides of El Camino Real. In August 1999, the Master Plan of Development was amended to include ±128,000 sq. ft. Home Depot and a 13-lot parcel map. The majority of Phase I has been constructed with several subsequent amendments processed over the years to make minor modifications to the site plan. One vacant building pad remains in Phase 1 adjacent to the Staples building. In December 2007, the City Council approved an amendment to the text of the zoning ordinance to add “Hotels, Motels” to the list of conditionally allowed uses in the Planned Development 9 Overlay District. This enabled hotels to be permi tted on the site through the Conditional Use Permit process. 2012 Site Plan Springhill Suites Marriot Unbuilt retail pads 10 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates In October of 2012, the Planning Commission approved an amendment to Phase II of the Master Plan of Development. The amendment replaced a gas station and 55,300 square feet of retail space on the west side of El Camino Real with a 130 -room hotel, and two retail buildings (total of 18,000 square feet in size). The Springhill Suites Marriot hotel was completed in August of 2015. Two pads were graded for future retail buildings that have not been constructed. In 2015, an amendment to the Master Plan of Development was approved to allow a drive-through restaurant in the parking lot in front of Staples. This amendment has expired. Off-site circulation improvements, utilities, and onsite grading are largely complete on both sides of El Camino Real. Summary: The applicant proposes to replace 18,000 square feet of unbuilt retail space with a 4- story, 131-room hotel. The Planning Commission is asked to approve a hotel use with only conceptual plans for the facility. Staff has provided a list of conditions of approval that include further design review at the time the applicant has secured a tenant for the hotel. Current Proposal - Aerial Perspective Looking West Analysis: Use Hotels and motels are not an allowed use in the Commercial Park zoning district (AMC 9-3.330); however, they are a conditionally allowed use within the PD-9 overlay zoning district (AMC 9-3.653). Height In the Commercial Park zoning district, the maximum allowed height for a building is 45 feet. The Planning Commission may waive the height limitation if they can find: 1. “the project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties”, and 2. “the modified height will not exceed the lifesaving equipment capabilities of the Fire Department.” (AMC 9-4.113) 11 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates The proposed hotel would be 60 feet in height, which is similar to the 4 -story Marriot Hotel in the same parking lot. The proposed hotel is locate d closer to the freeway, which is below grade near the San Ramon overpass. The image below shows the approximate visual impact of a 60-foot tall building at the proposed location as viewed from Highway 101. For reference, the pylon sign to the right of the new hotel is 50 feet tall. The existing hotel will be partially screened from view of the highway, but the properties are under common ownership. Simulation of the View from Northbound Highway 101 Parking Hotels are required to provide 1.1 parking spaces for each hotel room plus 2 additional spaces (AMC 9-4.118). For a 131-room hotel, a total of 146 spaces are required. The existing hotel has a requirement for 177 parking spaces (145 for the hotel and 32 for the conference space). Combined, the two hotels need 323 parking spaces. The existing parking lot west of El Camino Real has approximately 252 parking spaces, some of which would be removed to accommodate the new hotel. In the proposed parking lot, there are approximately 227 parking spac es, a deficit of almost 100 parking spaces. As proposed, the entire Home Depot Center (east and west of El Camino Real) would have a total of 1,130 parking spaces. Proposed uses shown on the 2019 site plan above would require a total of 725 parking spa ces (a surplus of about 400 spaces). The applicant proposes to utilize the surplus parking spaces on the east side of El Camino Real to satisfy the parking deficit on the west side of El Camino Real. Atascadero Municipal Code Section 9-4.120 grants the Planning Commission the authority to allow off -site parking through the approval of a Conditional Use Permit when:  All off-site parking is within 400 feet of the use, and  The off-site parking areas are under common ownership or subject to a recorded easement for shared parking, and  Off-site parking is not within a residential zone. 12 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates 2019 Proposed Site Plan The parking lot in front of Staples is under common ownership with the proposed hotel. Further, the Home Depot Center is subject to a shared access and parking agreement that allows patrons of each business to park in all project parking areas. The entirety of the Staples parking lot is within 400 feet of the property where the hotel is proposed. The furthest spots are about 475 feet from the entrance to the hotel. 2015 Site Plan Existing Springhill Suites Proposed Hotel Existing Staples 13 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates Shared parking will necessitate patrons must walk further distances from their vehicles to the hotels. Staff has included conditions in the attached draft resolution to address deficiencies in pedestrian facilities that facilitate shared parking in the project (notes in the image at right match list numbers below): 1. Provide an accessible sidewalk from the entrance of the new hotel that connects the parking areas oriented to the existing hotel and those oriented to the proposed hotel. 2. Provide an accessible sidewalk from the entrance of the proposed hotel to the sidewalk on El Camino Real. 3. Provide crosswalk striping across El Camino Real at the project exit nearest the traffic circle. 4. Provide a pedestrian/bicycle path from the interior of the project to the public bikeway / walking path on the western side of the property. 5. Provide valet parking service. Traffic The applicant has provided an updated analysis of the trip generation anticipated by the entire project (see Attachment 3). The hotel will replace 18,000 square feet of retail space, which was anticipated to generate an average of 734 trips each day. The hotel is expected to generate an average of 1,070 trips each day. The project will result in a net increase of 336 daily trips, 52 in the morning peak hour and 13 in the evening peak hour. The project will not reduce the level of service at the San Ramon/El Camino Real intersection below an A/B. Signage The applicant has not proposed specific signage for the hotel at this time. The 2012 amendment to the Master Plan of Development permitted a monument sign 10-feet in height with 60 square feet of sign area at each of the first two site entrances. Two monument-sign structures of more modest size, approximately 8 feet tall, were constructed at the same time as the first hotel. The Marriot Hotel has a sign on the structure near the second entrance to the center. The structure nearest the first entrance to the center is vacant and presumably will be used by the proposed second hotel. Atascadero Municipal Code 9-15.009 addresses freeway-oriented signs. Hotels may be allowed both wall-mounted and pole-mounted signs with the approval of a use permit. The existing hotel has a pylon sign with space f or additional tenant signs and several wall-mounted signs. Staff recommends the Planning Commission: 1 2 3 4 14 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates  Prohibit additional free-standing freeway-oriented signs for the site, and  Allow the DRC to determine the appropriate size for wall signs on the propose d hotel, not to exceed 1 square foot for each linear foot of building frontage . Conclusion There have been vacant sites in the Home Depot center for the past 20 years. This is likely the result of the change in retail demand since the 2008 recession. A sh ift to more tourist serving and service related land uses is logical for this site and echoes the trend seen in other locations in the City. Converting the site from small retail uses to a large hotel is a very good option for this site and will help to pr omote additional synergy between the existing hotel site and may spur additional restaurant/retail development. ENVIRONMENTAL DETERMINATION: A Mitigated Negative Declaration (MND) was originally prepared for the phased development of the Home Depot commercial center, and the document was certified by the Planning Commission on March 16, 1999. The CEQA document analyzed 239,000 square feet of new commercial buildings on 27 acres. The MND includes a comprehensive list of mitigation measures to address an y potential impacts to air quality, traffic, biological resources, aesthetics, noise, drainage, and other environmental factors. Prior amendments and site plan changes to the Home Depot center were found to be consistent with this 1999 CEQA document. On December 11, 2007, the City Council certified Negative Declaration 2007 -0024, which analyzed a zone text change to add “hotels and motels” as conditionally allowed uses in the Planned Development 9 overlay district. The CEQA document found that the proposed hotel use would not have a significant effect on the environment. In 2012, the first hotel was found again to be consistent with the 1999 and 2007 CEQA documents. The current proposed site plan would replace 18,000 square feet of retail space with a 131–room hotel. The expected effects of the project are in conformance with the original 1999 and 2007 CEQA documents and would not have significant impact on the environment with the incorporated mitigation measures. The site has been previously graded and no additional tree removals are proposed with the amendment. All site construction will remain within the previous limits of grading. The applicant has submitted an updated traffic-generation analysis. The report shows a small increase in traffic for the hotel over that expected for the unbuilt retail uses. The traffic volume expected for the overall project is still below the volume anticipated by the 1999 CEQA review when more retail space was expected. No further environmental review is required. 15 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates FINDINGS: To approve DEV 18-0073, the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached draft resolution (Attachment 4). 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 sa fe 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. 7. Any additional findings deemed necessary [insert any additional findings if project is requesting a height waiver exception, use exception, parking reduction, etc.] Height Waiver (AMC Section 9-4.113(b) (1)) 8. The project with height waiver will not result in substantial detrimental effects on the enjoyment and use of adjoining properties. 9. The modified height will not exceed the lifesaving equipment capabilities of the Fire Department. 16 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates ALTERNATIVES: 1. The Planning Commission may include modifications to the project and/or conditions of approval for the project. Any proposed modifications including conditions of approval, should be clearly re -stated in any vote on the attached draft resolution. 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. 2012 Conditions of Approval (Springhill Suites Marriot Hotel) 2. 2018 Trip Generation Analysis 3. Site Photos 4. Draft PC Resolution 2019-A 17 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates ATTACHMENT 1: 2012 Conditions of Approval (Springhill Suites Marriot Hotel) DEV 18-0073 / CUP 2000-0014 Conditions of Approval Home Depot Phase II Master Plan of Development Amendment 2012 CUP 2000-0014 Amendment 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 Planning Services 1. This Conditional Use Permit Amendment shall apply to modifications on the Home Depot Center Phase II Master Plan of Development regardless of owner. Ongoing PS 2. The revised Phase II Master Plan of Development, replaces the previous Phase II Master Plan of Development and shall conform with all of the conditions of approval and mitigation measures adopted for the original Home Depot Master Plan of Development approved by Planning Commission Resolution 1999-011 for the Master Plan of Development for PD-9 as approved on March 16, 1999, and as amended on August 3, 1999, unless specifically noted or superseded by this resolution and attached Exhibits. GP / BP PS 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 prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Ongoing 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 PS, CE 5. Approval of this Conditional Use Permit Amendment shall be valid for twenty-four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit or a time extension. BP PS 6. The applicant 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 7. All subsequent Tentative Map, Lot Line Adjustments and construction permits shall be consistent with the Master Plan of Development contained herein. FM / BP PS, CE 8. All exterior elevations, finish materials, and colors shall be consistent with the Master Plan of Development as shown in attached EXHIBITS subject to the following provisions:  All exterior material finishes shall be durable, high quality, and consistent with the architectural appearance. BP PS 18 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates Conditions of Approval Home Depot Phase II Master Plan of Development Amendment 2012 CUP 2000-0014 Amendment 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  All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures.  Thematic mission/Mediterranean style lights shall be added to all building entry features.  Any exterior light fixtures shall be compatible with building design, subject to staff approval.  Final color selection shall include compatible earth toned colors, subject to staff approval. 9. All roof-mounted equipment shall be screened from view in all directions. All roof- mounted equipment which generates noise, solid particles, odors, etc., shall cause the objectionable material to be directed away from residential properties. BP / FO PS 10. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure and painted to match the color of the surrounding building area. Gas and electric meters, electric transformers, and large water piping systems shall be completely screened from public view with approved architectural features and/or landscape plantings. BP / FO PS 11. All outdoor storage facilities and trash enclosures will be constructed of decorative masonry materials and have solid metal gates. The perimeter of all such facilities shall be landscaped when visible to the public. BP / FO PS 12. All site work, grading, and site improvements shall be consistent with the Master Plan of Development as shown in EXHIBIT C, D, G, and N, with the following modification:  Decorative concrete banding shall be installed at the north & south driveway entrance to match the roundabout entrance GP / BP PS, BS, CE 13. A final landscape and irrigation plan shall be approved by the City prior to the issuance of building permits and shall be included as part of site improvement plan consistent with EXHIBIT D, and as follows:  A minimum 10-foot wide landscape planter shall be provided along the entire project street frontages.  Large canopy London Plane Tree (Plantanus acerifolia) street trees will be planted along the El Camino Real street frontages at 30-feet on-center.  All exterior meters, air conditioning units, and mechanical equipment shall be screened with landscape material.  All areas shown on the landscape plan shall be landscaped by the developer prior to the final of the first building permit on-site. BP PS, BS 19 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates Conditions of Approval Home Depot Phase II Master Plan of Development Amendment 2012 CUP 2000-0014 Amendment 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   All landscaping shall be drought tolerant. Turf areas shall be minimal and used only for recreation or event area purposes only. Low-lying drought- tolerant ground cover shall be used in parking areas & frontages in place of turf.  The plant palette shall include only species which have a high rate of survival in Atascadero’s climate zone. No thorny materials shall be placed adjacent to the bike trail.  Parking lot trees are required to have large canopies and good shading characteristics  Native variety oak trees shall be incorporated into the landscape plan.  All parking lot planter areas will include a reasonable combination of trees, shrubs and ground cover plantings  All slopes in excess of 2:1 shall be planted with slope stabilizing plant materials and installed with jute or nylon mesh.  The rear retaining wall shall be landscaped and irrigated. 14. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with EXHIBIT D. GP / BP PS 15. All building and/or free standing site signs will be consistent with Master Sign Program (AUP 2000-0001) and attached EXHIBIT F, J, K & M subject to the following modifications:  Retail buildings: W all signs may be installed on up to three sides, only on elevations facing HWY 101, a parking lot, or a public frontage, as shown on the attached elevations (Exhibits J & K). Each wall sign may be permitted up to 60 square feet in size  Up to four (4) wall signs may be installed on the hotel building. Signs shall be located under the parapet on the tower elements, as shown in Exhibit F. Each sign may be permitted up to 60 sq. ft.  All wall signs on retail or the hotel buildings shall be made of individual channel letters or exteriorly illuminated (no cabinet signs permitted).  A new pylon sign shall be permitted to be installed, with a maximum height of 50 feet and a maximum of 200 sq. ft. of sign area per side. The pylon sign shall be located within an appropriately sized landscaped area. The pylon sign may be increased to 60 feet in height if the additional height is required for visibility from HWY 101. Further exploration of the site visibility shall be conducted during building permits to see if the additional height is warranted. BP PS 20 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates Conditions of Approval Home Depot Phase II Master Plan of Development Amendment 2012 CUP 2000-0014 Amendment 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  Two (2) monument signs may be permitted up to 10 feet in height with 60 sq. ft. of sign area per side, consistent with the Atascadero sign ordinance allowances. Landscaping shall be installed at the base of the base of the sign. 16. A 8-foot wide Class 1 pedestrian and bikeway connection shall be constructed within the existing easement area. The bike path shall be constructed to connect the existing pathway facility at the railroad trestle at Graves Creek with the sidewalk along the San Ramon Rd frontage. The bike path shall be completed prior to final occupancy of the first building on the subject site. The applicant shall explore the option of splitting the bike trail around the tree to avoid the need for removal. If this is not feasible due to design constraints, as decided by the City Engineer, this approval shall include the approval of the removal of an 8” live oak tree within the bike easement area. The removal of the tree shall be mitigated with replanting as specified in the Atascadero Native Tree Ordinance. The Planning Commission encourages replanting with 15-gallon trees. The gate located at the existing terminus of the bike path shall be unlocked, and shall remain so, once the extension has been constructed. An easement shall be dedicated to coincide with the final as-built location of the trail. FO / Ongoing PS 17. A photometric plan shall be submitted with building permits to ensure compliance with Municipal Code standards. All wall and pole mounted lights shall use fully shielded, cut-off lights to prevent off site glare. BP PS 18. A bicycle storage racks with capacity for four bicycles shall be provided in a convenient and secure location near the front doors of each Building in Phase II. BP PS 19. Landscape maintenance within the street medians shall be the responsibility of the applicant. The applicant shall enter into a landscape maintenance agreement with the City for the medians and any other offsite landscaping. The form of the agreement shall be approved by the City Attorney and City Engineer. FO CA CE 20. All existing native trees on site shall be preserved and protected during construction. Tree protection plans shall be submitted with all grading and building permits. Trees that cannot be preserved shall be mitigated per the requirements of the Native Tree Regulations. The applicant shall retain a certified arborist to monitor tree protection and on-site construction within the vicinity of native oak trees. In no case shall construction occur with tree protection fences without the arborist being present. BP PS Certified Arborist 21. The site retaining walls located along both the west and northern property lines shall be constructed of decorative, split face “Keystone” type wall systems. Irrigated landscape pockets shall be provided for every 5-feet of vertical wall. The color, finish and design of the wall system shall be approved by the Community GP PS 21 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates Conditions of Approval Home Depot Phase II Master Plan of Development Amendment 2012 CUP 2000-0014 Amendment 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 Development Department prior to issuance of grading permits. 22. Prior to issuance of a certificate of occupancy for the first building, the project sponsor shall provide mail receptacles for the commercial units as required by the U.S. Postmaster. Location and appearance of mail receptacles subject to City approval prior to installation BP / FO PS 23. The project shall comply with all applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in section 6.4 of Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. B. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast-germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. H. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non-potable water. K. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. L. Wheel washers may be required when significant offsite import or export of fill is involved. GP / BP PS 24. The project sponsor shall submit a Transportation Demand Management Program to the City of Atascadero, per the 1999 Mitigation Measure. The program shall include, but not be limited to, ride share programs, carpool incentives for employees, bus passes for employees, etc. FO PS BS 22 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates Conditions of Approval Home Depot Phase II Master Plan of Development Amendment 2012 CUP 2000-0014 Amendment 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 25. Low flow plumbing devices shall be installed where possible in buildings. BP PS 26. The parking area on the north east side of the hotel and entrance to the hotel shall be modified to provide simplified circulation and minimize duplicate drive aisles. Circulation between the hotel and restaurants/retail buildings shall be considered. The final design of the parking areas and drive aisles shall be subject to Planning staff and City Engineer approval. BP PS / CE 27. A Lot Line Adjustment shall be submitted prior to building permit issuance so that buildings are not constructed over lot lines. Easements shall be provided for drainage and circulation throughout the subject site as needed. BP PS 28. A will serve letter shall be obtained from the Atascadero Mutual Water Company to ensure adequate flow rates and water service is available. BP PS / BS 29. The gas station approved in the 2000 Phase II project and the 2008 project amendment shall remain as an allowed alternative on retail Pad A in the Master Plan of Development. Updated traffic analysis, parking calculations, and Design Review Committee approval shall be required prior to building permit issuance of a gas station. The 2000 & 2008 Conditions of Approval which are specific to the gas station would be required to be fulfilled. The traffic signal at San Ramon and El Camino Real is required to be installed if the gas station is constructed. BP PS 30. The event space in the hotel may be enlarged up to 7,500 sq. ft. to hold up events for up to 500 people if the applicant choses to modify the plans during the building permit process. Up to 24 parking spaces can be eliminated and the exterior site may be modified to provide for this additional event space. BP PS 31. The property owner shall consider installing awnings, shades. Or larger roof overhangs on the southwest elevation to keep the interior cool. The owner shall consider installing energy efficient upgrades such as card reader in each room to help reduce electricity use. Public Works Department Conditions 1. Prior to the issuance of building permits the applicant shall submit plans and supporting calculations/reports including street improvements, underground utilities, erosion control and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. GP / BP CE 2. Prior to the issuance of building permits the applicant shall submit calculations to support the design of any storm water 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. Storm water collection system shall include provisions for capturing fuel spills using methods acceptable to the Regional Water Quality Control Board. GP / BP CE 3. Drainage basins or underground structures, if proposed, shall be designed to desilt, detain and meter storm flows as well as release them to natural runoff locations in accordance with the City of Atascadero Engineering Department GP / BP CE 23 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates Conditions of Approval Home Depot Phase II Master Plan of Development Amendment 2012 CUP 2000-0014 Amendment 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 Specifications and Drawings or as directed by the City Engineer. 4. Applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) if greater than 1.0 acres is disturbed. The Regional Water Quality Control Board shall approve the SWPPP. GP / BP CE 5. 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 6. Project shall include construction of curb, gutter and sidewalk along El Camino Real. GP / BP CE 7. The Project applicant shall submit plans showing the class I path connection from the corner of El Camino Real and San Ramon Road to the connection at the north end of the property. The Class I path shall be designed to the City Engineer’s satisfaction. GP / BP CE 8. Alignment and design of any modification to existing frontage improvements shall be approved by the City Engineer. Frontage improvement modifications shall include but are not limited to curb, gutter sidewalk, striping, signage, curb or driveway ramps and the sidewalk extension to, and connection with, the existing sidewalk at the railroad bridge. Left-turn pocket and related striping / pavement marking will be required. Frontage improvements shall be completed prior to final of the first building in Phase II. GP / BP CE 9. The applicant shall enter into a Plan Check / Inspection Agreement with the City if required by the City Engineer. GP / BP BD 10. The applicant shall be responsible for the relocation and/or alteration of all existing utilities which interfere or conflict with proposed improvements. GP / BP CE 11. The applicant shall install all new utilities underground. GP / BP CE 12. Prior to issuance of building permits the applicant shall pay all sewer annexation and connection fees. GP / BP CE 13. Prior to issuance of building permits the applicant shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. All existing and proposed easements and all existing and proposed utilities shall be shown on the plans. GP CE 14. Prior to the final inspection, the applicant shall submit a written statement from a registered civil engineer that all frontage improvement, grading and drainage work has been completed and is in full compliance with the approved plans, City Codes and Standards and the Uniform Building Code (UBC) as applicable. FO CE 15. The applicant has submitted a letter update to the June 3, 1999 project specific Traffic Study (Traffic Study). The Traffic Study indicated that a traffic signal at the San Ramon El Camino Real intersection was not warranted based on the Ongoing CE 24 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates Conditions of Approval Home Depot Phase II Master Plan of Development Amendment 2012 CUP 2000-0014 Amendment 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 cumulative + project + existing traffic volumes. The hotel project traffic ADT and PM peak hour traffic will be 830 and 103 ADT and Trips less than initially calculated in 1999. Therefore, the conclusion of the traffic report that a signal at San Ramon and El Camino Real is not warranted is still valid. The City’s 2006 Master Facilities Plan and Development Impact Fee Update Report identifies this intersection as being signalized in the future. Therefore, a portion of this project’s Traffic Impact Fee will be applied towards the eventual signalization of this intersection. If project uses change from what is shown in the 2012 traffic report update, then the installation of the signal shall be revisited and may be required to be installed by the applicant. 16. The applicant shall obtain an encroachment permit from Caltrans for all work within the State right-of-way. GP / BP CE 17. No structures shall be constructed over any storm drainage facilities or easements. BP CE 17. Applicant shall pay a proportional share of the cost of public sewer facilities constructed by others. Cost calculation will be established by a reimbursement agreement filed with the City by those constructing the public sewer facilities. GP / BP CE 18. LID features such as bioswales shall be incorporated into the parking lot and onsite frontage landscape areas as feasible to filter the run off drainage before it leaves the site. GP / BP CE 19. The applicant shall analyze the impact of the Hotel’s wastewater flow on Lift Station 13 prior to issuance of a building permit. The applicant shall be responsible for any lift station upgrades needed to accommodate the hotel’s wastewater flow at Lift Station 13. Upgrades shall be completed prior to Building Department Final of the Hotel. GP / BP CE 20. Bike lanes shall be included with the frontage improvements and restriping of El Camino Real, subject to City Engineer approval and permitted the bike lanes fit within existing right-of-way. If Class 2 bike lanes do not fit within the right-of-way, Class 3 lanes with “share the road signage” shall be installed BP CE 25 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates Fire Department Conditions 1. The entire back side of the hotel shall be designed to be ground ladder accessible. Any gates which are located along the back or sides of the building shall be accessible by the Fire Department BP FD 2. One additional fire hydrant shall be added on-site. Location to be determined by the Fire Marshall. BP FD 3. Fire Lane locations to be determined by the Fire Marshall. Fire lanes to be designed for proper width for truck access. Red curb or no parking signs to be installed. BP FD 4. Access roads and turning radiuses must meet ladder truck access standards. BP FD 26 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates ATTACHMENT 3: 2018 Trip Generation Analysis DEV 18-0073 / CUP 2000-0014 27 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates 28 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates 29 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates 30 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates ATTACHMENT 4: Site Photos DEV 18-0073 / CUP 2000-0014 Unconnected Parking Areas Have Resulted in Makeshift Walking Paths Unused Monument Sign near San Ramon / El Camino Real Intersection 31 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates Bicycle Path Running Along Back Side of Proposed Hotel Pylon Sign in Rear View of Intersection to Receive Crosswalk 32 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates ATTACHMENT 5: Draft Resolution DEV 18-0073 / CUP 2000-0014 DRAFT PC RESOLUTION 2019-A RESOLUTION OF THE PLANNING COMMISSION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 2000-0014 MASTER PLAN OF DEVELOPMENT / HOTEL WESTAR ASSOCIATES / 940 EL CAMINO REAL DEV 18-0073 / CUP 2000-0014 WHEREAS, an application has been received from Westar Associates (applicant) and Atascadero 101 Associates (owner) to consider DEV 18-0073 for an amendment to Conditional Use Permit 2000-0014 on a 2.25-acre site located at 940 El Camino Real, Atascadero, CA 93422 (APN 049-045-033, 049-045-034, and 049-045-035); and WHEREAS, the General Plan land use designation of the site is Commercial Park (CPK); and WHEREAS, the zoning district of the site is Commercial Park (CPK) with a Planned Development (PD-9) Overlay; and WHEREAS, hotels and motels are a conditionally allowed use in the PD-9 Overlay zoning district; and WHEREAS, the commercial center is subject to a Master Plan of Development approved in the form of a Conditional Use Permit; and WHEREAS, the Planning Commission approved a Master Plan of Development and Mitigated Negative Declaration for Planned Development 9 allowing the phased construction of a total of 239,000 square feet of commercial buildings on March 16, 1999; and WHEREAS, the Planning Commission approved an amendment to the Master Plan of Development for Phase 1 with a total of 164,325 square feet of commercial b uildings on August 3, 1999; and WHEREAS, the Planning Commission approved Conditional Use Permit 2000-0014 for Phase II of the Master Plan of Development including 56,170 square feet of commercial buildings on September 5, 2000; and 33 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates WHEREAS, the Planning Commission approved a first amendment to Conditional Use Permit 2000-0014 to allow a gas station in Phase II of the Master Plan of Development on February 5, 2008; and WHEREAS, the Planning Commission approved a second amendment to Conditional Use Permit 2000-0014 to allow a 130-room hotel and two retail buildings totaling 18,000 square feet in Phase II of the Master Plan of Development on October 16, 2012; and WHEREAS, the Planning Commission approved a third amendment to Conditional Use Permit 2000-0014 to allow a drive-through restaurant in Phase I of the Master Plan of Development on February 17, 2015, which has expired; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development Amendment; and WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed public hearing held on January 15, 2019, studied and considered DEV 18-0073. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero makes the following findings and determinations with respect to the proposed conditional use permit: SECTION 1. Findings for approval of conditional use permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan. Fact. General Plan Land Use, Open Space and Conservation (LOC) Element Policy 13.3 is to “Expand tourist commercial nodes to serve the traveling public at freeway interchanges and develop tourist destinations based on the Atascadero's rural character.” The second program supporting this policy (LOC Program 13.3.2) is to “Encourage hotel, conference, and resort development and protect potential sites from conversion to other uses.” The project is located at the San Ramon/Santa Cruz Road freeway interchange, an established commercial node. Hotel stays will be subject to Transient Occupancy Taxes (TOT), which benefit the City. Hotels are identified in the Safety and Noise Element as a Noise Sensitive land use. Highway 101 is identified as a major noise source within Atascadero. Policy 2 is “New development of noise- sensitive land uses shall not be permitted in areas exposed to existing or projected future levels of noise from transportation noise sources which exceed 60 dBn or CNEL” outdoors and 45 dBn or CNEL indoors “unless the project design includes effective mitigation measures to reduce noise in outdoor activity areas and interior spaces to or below the levels specified for the given land use”. Figure IV-9 of the General Plan estimates noise levels are approximately 65 dB within 34 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates about 750 feet of Highway 101. When a site is above the highway as is the case for the Home Depot Center, the expected noise is reduced by 5dB (General Plan Table IV-2). General Plan Figure IV-8 lists Transient Lodging as acceptable when the noise level is below 60 dB and conditionally acceptable when the noise level is between 60 and 75 dB. The project is approximately 200 feet from Highway 101, so is likely to receive noise above the acceptable level for Transient Lodging; however, it will fall within the conditionally acceptable range. Conditions of this resolution include the preparation of an acoustical analysis and mitigations to reduce the noise received in both indoor and outdoor recreation spaces. As conditioned, the project will meet General Plan requirements. 2. The proposed project or use satisfies all applicable provisions of the Zoning Regulations of the Atascadero Municipal Code. Fact. Hotels are a conditionally allowed use in the PD-9 overlay zone. The site will meet design and development standards including: setbacks, parking design, landscaping, screening, and stormwater. This resolution permits the parking demand be met with off-site parking, and the structure to be taller than the zoning ordinance allows. 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 facility is within an established, but uncompleted commercial center. The impact of the center has been mitigated by previous phases. 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 facility is within an established, but uncompleted commercial center, which includes one other hotel. The project is not adjacent to residential uses to the north and east of the center. The hotel will be located within an existing parking lot and two previously-graded building pads. 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. A Trip General Analysis was prepared by Associate Transportation Engineers for the project. The hotel is expected to generate 1,070 average daily trips, 336 trips more than expected for the 18,000 square feet of retail space previously approved for the site (see Table 1 below). 35 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates Table 1: 2018 Project Trip Generation Estimates Data collected by Associated Transportation Engineers in October, 2014, before the Springhill Suites Marriot Hotel was completed, indicates existing traffic through the San Ramon/El Camino Real intersection was well below maximum acceptable capacity (see Table 2 below). The traffic analysis for the Springhill Suites Marriot indicated an average of 1,062 trips was expected for that hotel. Cumulatively the two hotels are expected to generate an average of 2,132 trips daily more than 2014 levels. Table 2: 2014 Existing Roadway Operations The 2018 Associated Transportation Engineers trip analysis concludes that the current proposal will not exceed the acceptable capacity for the San Ramon/El Camino Real intersection. The intersection will have a level of service A/B with the addition of the new hotel. SECTION 2. Findings for approval of height exception. The Planning Commission finds as follows: 6. The project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties. Fact. The proposed facility is within an established, but uncompleted commercial center. The unbuilt pads have an undesirable appearance for neighboring businesses, including the Springhill Suites Marriot Hotel, which also exceeds the height allowed within the CPK zoning district. The existing hotel is approximately 60 feet tall, the same as the proposed hotel. The proposed hotel would partially block the existing hotel from view from the highway; however, the hotel properties are under the same ownership. 7. The modified height will not exceed the lifesaving equipment capabilities of the Fire Department. Fact. The fire department has equipment capable of responding to emergencies in a 4-story building 60 feet tall. 36 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates SECTION 3. Findings for approval of off-site parking. The Planning Commission finds as follows: 1. The most distant parking space is not more than four hundred (400) feet from the use. Fact: The entirety of the parking lot in front of the building at 815 El Camino Real (Staples) is within 400 feet of the property where the hotel is proposed. 2. The site of the parking lot is in the same ownership as the principal use, or is under a recorded lease or similar agreement, with the use that provides that the parking will exist as long as the use it serves, unless the parking is replaced with other spaces that satisfy the requirements of this title. Fact: The parking lot in front of 815 El Camino Real (Staples) is on two properties owned by the applicant. Further, the CC&Rs for the Home Depot Center allow shared access and parking throughout. 3. The site of the parking is not located in a residential zone unless the principal use requiring the parking is allowable in a residential zone. Fact: The off-site parking shares zoning with the subject property: CPK with PD-9 Overlay, which are not residential districts. SECTION 4. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 15, 2019 resolved to approve DEV 18-0073 to amend Conditional Use Permit 2000-0014, subject to the following: 1. EXHIBIT A: Mitigation Monitoring Program 2. EXHIBIT B: Conditions of Approval 3. EXHIBIT C: Site Plan 4. EXHIBIT D: Site Plan – West of El Camino Real 5. EXHIBIT E: Elevations 37 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates 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: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jerel Seay Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 38 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates EXHIBIT 1: Mitigation Monitoring Program DEV 18-0073 39 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates 40 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates 41 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates 42 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates 43 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates 44 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates 45 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates 46 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates 47 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates 48 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates 49 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates 50 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates 51 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates 52 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates EXHIBIT B: Conditions of Approval DEV 18-0073 Conditions of Approval Master Plan of Development Hotel 940 El Camino Real DEV 18-0073 1. This conditional use permit shall amend CUP 2000-0014 to allow a hotel use as described in these conditions of approval and generally shown in attached Exhibits C D, and E located at 940 El Camino Real, legally described as Parcels 2, 3 and 4 of Lot Line Adjustment ATAL 12-0072 (Certificates of Compliance recorded as Official Records 12-004603, 12-004604, and 12-004605), City of Atascadero, County of San Luis Obispo, State of California, (Assessor’s Parcel Numbers 049-045-033, 049-045-034 and 049-045-035), regardless of owner. 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 of the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. All conditions of approval of Planning Commission Resolution 2012-0020 shall remain in effect unless specifically amended or superseded by this resolution. The approval to allow two retail pads on the subject lots shall remain in force as an alternative to the hotel. 4. Ongoing, any increase to the number of hotel rooms, the maximum height of the building, or the addition of exhibit/conference space must be approved by the Planning Commission. 5. Before the project may receive building permits, the site plan, landscape plan, elevations, and signage plan shall be reviewed by the Design Review Committee. The determination of the Design Review Committee shall be binding on the project unless appealed to the Planning Commission. 6. The Community Development Department shall have the authority to approve minor changes to the project that (1) modify the site plan of the project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit. 7. Approval of this conditional use permit shall be valid for twenty-four (24) months after its effective date. At that time, the Master Plan of Development shall revert back to the project described in Planning Commission Resolution 2012-0020, unless the project has applied for a building permit for the hotel structure or received a time extension. 8. The owner and applicant 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 this conditional use permit. 9. The hotel shall be limited to a maximum of 131 bedrooms. 10. All buildings shall be limited to a maximum of 4 above-ground stories and 60 feet in height. 11. To the satisfaction of the Design Review Committee, the architectural style, colors and materials of the hotel shall be compatible with the existing hotel. 12. The owner shall install any new utilities placed for the hotel underground. 13. Before building permits may be issued, the owner shall apply for and record a lot line adjustment so that buildings 53 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates are not constructed over lot lines. Easements shall be provided for drainage and circulation throughout the subject site as needed. 14. Before building permits may be issued, the owner shall prepare an acoustical analysis of noise received by the project from Highway 101 and other sources. The project shall be designed and constructed so that noise in outdoor activity areas does not exceed 60 dBn or CNEL, and noise indoors does not exceed 45 dBn or CNEL. 15. No new free-standing freeway-oriented signage structures may be erected (no additional pylon signs or pole signs). New sign faces for the hotel may be placed on/in existing pylon structures. Sign faces added to the pylon sign shall not have a white or similar pale-color background. 16. No new free-standing or monument signs may be erected unless the existing monument sign near the intersection of El Camino Real and the first entrance to the center is removed. Any new monument sign may be permitted up to 10 feet in height with 60 sq. ft. of sign area per side. Landscaping shall be installed at the base of the sign. No cabinet signs are permitted on the existing or future monument signs. 17. Wall-mounted signage may be installed on walls of the building that face the freeway, a parking lot, or public street. Each sign shall be proportionate to the size of the wall as determined by the Design Review Committee, not to exceed 1 square foot per linear foot of building frontage. Wall signs shall be made of individual channel letters or be exteriorly illuminated (no internally illuminated cabinet signs permitted). 18. The owner shall provide a minimum of 200 parking spaces within the center on the west side of El Camino Real. The parking spaces may be used in common for the entire center. 19. The owner shall provide and maintain a minimum of 323 parking spaces within 400 feet of the subject property. The parking spaces may be used in common for the entire center. 20. If project uses change from those anticipated by the Trip Generation Analysis prepared by Associated Transportation Engineers on October 18, 2018, then the circulation impacts of the project shall be reanalyzed. Depending on anticipated impacts, signalization of the El Camino Real / San Ramon intersection may be required to be installed by the owner. 21. The owner shall provide an accessible paved sidewalk connection between the front door of the hotel and the parking lot immediately in front of the existing hotel as generally shown in Exhibit D. The design and location shall be to the satisfaction of the Director of Community Development. 22. The owner shall provide an accessible paved sidewalk connection between the front door of the hotel and the El Camino Real sidewalk as generally shown in Exhibit D. The design and location shall be to the satisfaction of the Director of Community Development. 23. The owner shall provide crosswalk striping, signage and/or lighting to the satisfaction of the City Engineer across El Camino Real at the intersection with the second driveway into the center as generally shown in Exhibit D. 24. The owner shall provide an internal paved pedestrian/bicycle connection to the public bicycle path located along the southwest side of the property between the two hotels as generally shown in Exhibit D. The design and location of the connection shall be to the satisfaction of the Director of Community Development and the City Engineer. 25. A minimum 10-foot wide landscaped setback shall be maintained between the public bicycle path and the rear of the hotel and/or any fencing or walls in proximity to an outdoor swimming pool/recreation area. 26. No fence or wall shall be placed between the hotel and the public bicycle path except in proximity to an outdoor swimming pool/recreation area to the satisfaction of the Design Review Committee. 27. The landscape plan shall include trees with an expected height of approximately 20 feet on both sides of the bicycle path at a rate of 30 feet on center. 28. All landscape areas shall be maintained in good condition in perpetuity and dead or damaged/diseased landscape 54 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates shall be replaced with like species. 29. No growth control agents shall be applied to landscape trees. 30. Tree canopy trimming shall preclude trimming of primary leader branches on trees. Trees shall be pruned and trained to reach natural height, while thinning overall canopy for balance and maintenance. 31. A Preliminary Storm Water Control Plan (PSWCP) must be submitted and shall be prepared in accordance with the State regulations (Regional Water Quality Control Board Res. No. R3-2013-0032). The PSWCP shall be completed using the City standard form available from the Building Permit Counter and shall include a preliminary hydrology report. The preliminary hydrology report shall be prepared and submitted for review and approval by the City Engineer. The analysis shall indicate the effects of the proposed development on adjacent and downstream properties. The scope of the study shall include analysis of all existing public and private drainage infrastructure between the subject property and an adequate point of discharge. Storm water detention or retention facilities will be required. Detention or retention facilities and associated drainage improvements shall be privately owned and maintained by the property owner. 55 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates EXHIBIT C: Conceptual Site Plan DEV 18-0073 56 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates EXHIBIT D: Site Plan - West of El Camino Real DEV 18-0073 Install crosswalk Install accessible sidewalk to El Camino Real Install accessible sidewalk to connect existing parking areas Install an internal pedestrian connection to the public walking/bicycling path (location to be determined) 57 ITEM 2 | 1/15/2019 Hotel DEV 18-0073 / Westar Associates EXHIBIT E: Conceptual Elevations DEV 18-0073 58 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES DEV 18-0113 / Raminha 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 DEV 18-0113 Conditional Use Permit for Raminha Construction Yard RECOMMENDATION(S): Staff recommends the Planning Commission adopt PC Resolution 2019-A permitting a Contract Construction Services land use in the Service Commercial Zone of the Specific Plan Zone No. 1 zoning district. Project Info In-Brief: PROJECT ADDRESS: 11505 Halcon Road Atascadero, CA APN 045-311-010 PROJECT PLANNER Mariah Gasch Assistant Planner (805) 470-3436 mgasch@atascadero.org APPLICANT David Raminha PROPERTY OWNER David Raminha GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Commercial Park (CPK) Specific Plan No. 1 (SP-1) Service: Commercial (SC-1) 2.70 Acres Vacant  Contract Construction Services ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☒ Categorical Exemption CEQA – Guidelines Section 15303 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 59 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA 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: Public Specific Plan Zone 1 Public Recreation Summary: The proposed project includes a Conditional Use Permit (CUP) for a contract construction service use in the Specific Plan Zone-1, created by the Woodlands Specific Plan. In the specific plan, the parcel is located within the Service Commercial Zone (SC - 1). This site was established with the Las Lomas Specific Plan and was originally envisioned to serve as an outdoor storage site for the residential properties in the specific plan. However, the site was never developed as a storage lot and is now privately owned. A contract construction yard is a conditionally allowed use. The site is proposed to be used for contract construction services, including indoor and outdoor storage of construction equipment. The applicant Is also proposing building a sho p and an office. Analysis: The contract construction service land use is allowed in the Service Commercial Zone in the Specific Plan Zone-1 with approval of a Conditional Use Permit from the Planning Commission. The applicant submitted a site plan which identifies a paved parking lot, a 1,200 square foot office and a 3,750 square foot shop. A decomposed gravel area is proposed for outdoor storage of materials such as pipe fittings, lumber, temporary SP-1 L P OS 60 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero fencing, steel, and other miscellaneous construction materials . The project’s area of disturbance is approximately 0.94 acres. The Woodlands Specific Plan has development standards for the Service Commercial Zone. The project has been designed to comply with the standards set by this plan. Landscaping: The Woodlands Specific Plan requires landscape screening to be provided withi n setbacks adjacent to Halcon Road and the Southern Pacific Railroad . The specific plan states that the front setback along Halcon Road shall be 20 feet. The front setback has some existing native vegetation to the north of the driveway. The applicant is proposing to fill in sparsely vegetated areas and plant new drought tolerant and native species such as rosemary, manzanita, coffee berry, and coyote bush. The existing 10-foot wide, 6 to 8-foot high barrier of vegetation would remain. New Coast Live Oak tr ees are proposed to be planted within the vegetated front setback and along the new driveway. Within the front setback, a minimum of 2 inches of bark mulch would be in all planter areas. These areas would also include a complete drip irrigation system with a 7-day, 24- hour timer. Planters are proposed in the parking lot and along the northeastern face of the office building. The specific plan requires the side setback along the railroad track to be a minimum of 5 feet. The applicant is proposing new coyote bush to be planted within the side setback to screen the site from the railroad. Fencing and Screening: The proposed landscaping complies with the landscape screening standards in the Woodlands Specific Plan. According to the specific plan standards, fencing within front or street side setbacks can be up to 3 feet tall. Outside of these setbacks, fencing can be up to 8 feet tall. The applicant is proposing 6 -foot high chain link fencing with vinyl coating outside of the front setback along Halcon Road and along the property line adjacent to the railroad. Parking: Atascadero Municipal Code 9-4.118 requires one parking space per 500 square feet of floor area. The proposed shop and office building require a total of 10 parking spaces. The applicant is proposing 10 parking spaces, including one ADA compliant space. AMC 9-4.119 requires all parking lots inside the urban services line to be surfaced with asphalt or concrete. The applicant is proposing asphalt pavement for the driveway and parking lot and decomposed granite leading back to the proposed shop. The project complies with parking lot standards in the Municipal Code. ENVIRONMENTAL DETERMINATION: The proposed project is Categorically Exempt (Class 3) 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, because it includes the 61 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero new construction of small structures, including commercial buildings that are less than 10,000 square feet in urbanized areas. This exemption is included in Exhibit A. FINDINGS: To approve a contract construction services use, the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached draft resolution. Conditional Use Permit (AMC Section 9-2.110(b).(3).(iv) 1. The proposed project or use is consistent with the General Plan . 2. The proposed project or use satisfies all applicable provisions of this title. 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. That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 5. That 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. Any additional findings deemed necessary. ALTERNATIVES: 1. The Planning Commission may include modifications to the project and/or Conditions of Approval for the project. Any proposed modifications including Conditions of 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 62 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Staff Report, oral testimony, site visit, correspondence, or any other rationale introduced and deliberated by the Planning Commission. ATTACHMENTS: 1. Aerial Photo 2. Site Photos 3. Woodlands Specific Plan, Pages II-10&11 4. Applicant Statement 5. Draft Resolution PC 2019-A 63 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Aerial Photo DEV 18-0113 64 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Site Photos DEV 18-0113 View looking to the east View looking to the northeast on Halcon Road 65 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 3: Woodlands Specific Plan DEV 18-0113 Pages II-10&11 66 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 67 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 4: Applicant Statement DEV 18-0113 68 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 5: Draft Resolution PC 2019-A DEV 18-0113 DRAFT RESOLUTION NO. PC 2019-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING USE 18-0113, TO ALLOW THE OPERATION OF A CONTRACT CONSTRUCTION SERVICE 11505 HALCON (APN 045-311-010) WHEREAS, an application has been received from David Raminha, 6805 Sycamore Road, Atascadero, CA 93422 (Applicant and Owner) to consider a Conditional Use Permit to allow the operation of contract construction services with accessory storage on a 2.7 acre lot at Halcon Road (APN 045-311-010); and, WHEREAS, the site’s General Plan Land Use Designation is Commercial Park (CPK); and, WHEREAS, the property is in the Service Commercial zone (SC-1) of the Specific Plan No. 1 zoning district; and, WHEREAS, contract construction services are required to obtain a Conditional Use Permit in the Service Commercial zone (SC-1) of the Specific Plan No. 1 zoning district; and, WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA Guidelines Section 15303: New Construction of Small Structures; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 15, 2019 studied and considered USE 18-0113; and, 69 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero NOW THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Atascadero, California, makes the following findings, determinations and recommendations with respect to the proposed Conditional Use Permit: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project is Categorically Exempt (Class 3) 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 15303, for new constructions of small structures. A notice of determination is included as Exhibit A. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan; and, Fact: The General Plan Land Use, Open Space and Conservation Element allows for light industrial uses in Commercial Park zoning districts. The project is consistent with the Land Use, Open Space and Circulation Policies and Programs 6.1.3 for requiring native species in the landscaping plan. 7.1 and 7.2.1 for maintaining native trees on site; 7.2.4 for providing shade trees along the street and parking lot; and 8.1.10 for protecting flood zones from unsafe development. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance; and, Fact: As proposed and conditioned, the project will meet the site design and development standards identified in the Zoning Ordinance. The use of the site and structure shall be limited to uses permitted by the Zoning Ordinance. The project, with Planning Commission approval of this Conditional Use Permit, satisfies all applicable provisions of the Zoning Ordinance related to Specific Plan Zone No. 1 zoned sites. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and Fact: The proposed contract construction service use with accessory storage is consistent with the Woodlands Specific Plan. Screening will be provided for the site. The frontage and side adjacent to Union Pacific Railroad will be enhanced with landscaping and new fencing. The project will be located on a vacant site with surrounding properties 70 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero zoned as Open Space, Recreation, and Public. The Las Lomas housing development is located approximately 500 feet to the south 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; and Fact: The proposed contract construction service with accessory storage is consistent with the surrounding setting. The surrounding parcels are vacant and the proposed use would be separated from the Las Lomas housing development with trees and a change in topography. The use will be screened by tall brush along the front and Union Pacific Railroad 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the land use element; and Fact: The property meets the requirements for a contract construction use of its type and will not have a significant impact on traffic. 6. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Fact: The proposed project is in compliance with the Woodlands Specific Plan adopted by the City Council in 2003. The contract construction services use is an allowed use in the Service Commercial zoning district, designated by the Woodlands Specific Plan. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 15, 2019, resolved to approve DEV 18-0113, subject to the following: EXHIBIT A: Notice of Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Elevational Drawings 71 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA 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 72 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT A: Notice of Exemption DEV 18-0113 CITY OF ATASCADERO NOTICE OF EXEMPTION 6500 Palma Avenue Atascadero, CA 93422 805.461.5000 TO: File FROM: Mariah Gasch, Assistant Planner City of Atascadero 6500 Palma Avenue, Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Project Title: DEV18-0113 Project Applicant: David Raminha Project Location: 11505 Halcon Road, Atascadero, CA 93422, San Luis Obispo County (APN 045-311- 010) Project Description: Conditional Use Permit to allow for contract construction services in the Service Commercial zoning district created by Specific Planning Zone 1. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: David Raminha Exempt Status: Ministerial (Sec. 15073) Emergency Project (Sec. 1507 (b) and (c)) Declared Emergency (Sec. 15061 (a)) General Rule Exemption (Sec. 15061.c) Categorically Exempt (Sec. 15303) Reasons why project is exempt: Class 3 of the California Environmental Quality Act (CEQA) (Section 15303, New construction of small structures) exempts up to four commercial buildings in urbanized areas that are not exceeding 10,000 square feet of floor area. Contact Person: Mariah Gasch (805) 470-3436 Date: January 15, 2019 Completed by: Mariah Gasch, Assistant Planner 73 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT B: Conditions of Approval DEV 18-0113 Conditions of Approval DEV 18-0113 11505 Halcon Road Contract construction services Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Project Specific Conditions 1. This Conditional Use Permit shall be for the operation of a 2.7 acre contract construction use and accessory outdoor storage area at 11505 Halcon Road, Atascadero, California, APN 045-311-010, as shown in Exhibit C, regardless of owner. Ongoing 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 prior to the time an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Ongoing 3. The Community Development Department shall 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. BP 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 or business license. BP / BL 5. The applicant 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 contract construction services use. Ongoing 6. Exterior paint colors for the building shall be natural earth toned colors, subject to staff approval prior to painting the buildings. BL / BP 7. Architectural elevations shall be consistent with Exhibit D. BP 8. This CUP shall be for the storage of construction equipment associated with the contract construction services business. Storage of equipment or materials that are not associated with the approved use shall be prohibited. Ongoing 9. New vinyl coated chain link fencing shall be installed along the front of the property and along the side (northeastern) property line as shown on the attached site plan (Exhibit C). New fencing shall be installed in these locations prior to occupancy of the site. Vinyl coating shall be black or dark brown unless alternative colors are approved by the Community Development Director. BL / FO 10. A final landscape and irrigation plan shall be submitted to and approved by the City prior to the issuance of a business license and shall include:  Plant species selection, size, and spacing for landscape areas identified on site plan BL / FO 74 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval DEV 18-0113 11505 Halcon Road Contract construction services Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy (Exhibit C),  Street trees identified on the site plan (Exhibit C) along Halcon Road shall be Coast live Oak trees, or similar native trees subject to staff approval,  Landscaping or ground cover material under trees,  Shrubs shall be added to the right of the entrance driveway in the existing dirt area at the front of the lot,  Drip and other water conserving irrigation methods, and  All plant selections shall come from the Atascadero Mutual Water Company’s list of Water-Conserving Plants for North County Landscapes. All landscape and irrigation shall be installed prior to occupancy of the new business on site. 11. The approved landscape and irrigation plan is to be implemented prior to site occupancy and vegetation and irrigation shall be maintained in good condition while the site is occupied. Ongoing 12. Accessible parking and access ways shall be provided consistent with CBC standards. BL / BP 13. Trash storage (dumpsters or cans) shall be provided in an area that is screened from view and located on a floor or bottom surface of concrete or other impervious materials.. Ongoing 14. The applicant shall apply for a building permit for all signs proposed. Signage shall comply with Atascadero Municipal Code (Sign Ordinance) requirements for size and location. BP 15. Lighting shall comply with AMC standards for shielding in order to prevent glare. Any proposed exterior lighting will be in compliance with Municipal Code standards, and ensure no off-site glare. Building mounted light fixtures shall be fully shielded, cut-off light fixtures in order to eliminate visible light sources and prevent off site glare. Ongoing 16. Emergency access ways shall be maintained through the construction yard to provide fire truck access, as required by the Fire Department Ongoing 17. Owner shall install a new fire hydrant that complies with fire code standards. BP 18. The subject property is located in Flood Hazard Zone A and is therefore subject to all requirements of the flood Damage Prevention Regulations of the City and FEMA. The Base Flood Elevation (BFE) is 882’ (NAV ’88 Elevation Datum).  The site topographic survey shall be based on the NAV ’88 Elevation Datum.  New structures shall have a Finished Floor (FF) elevation at or above the BFE . Prior to Final Inspection, a licensed land surveyor shall prepare and submit a FEMA Elevation Certificate for each structure to the City Engineer. FI 19. As part of the Building Permit application, a Storm Water Control Plan (SWCP) must be completed and filed with the City in accordance with the State regulations (Regional Water Quality Control Board Res. No. R3-2013-0032). The SWCP shall be completed on the City standard form available from the City Engineer. BP 75 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval DEV 18-0113 11505 Halcon Road Contract construction services Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy 20. When a SWCP is required, the plans shall include:  Each Post-Construction Requirement (PCR) identified in the Storm Water Control Plan (SWCP)  A list of each Structural Control Measures (SCM) associated with each PCR  The area (in SF) of the impervious surface associated with each PCR  The total area (in SF) of impervious surfaces to be constructed per the plan set BP 21. When a project includes PCRs 3 or 4, an Operations/ Maintenance Plan& Schedule (OMPS) is required to be prepared for each PCR. In soils types not conducive to percolation, the plans may be required to include details for amended permeable layers of material below drainage features and the basin to enhance and promote percolation of storm water. BP 22. An Operations & Maintenance Plan and Storm Water Maintenance & Management Agreement shall be approved by the City Engineer and recorded against the subject property prior to a Final Inspection. FI 23. New frontage improvements consisting of curb, gutter, sidewalk, and driveway approaches may be triggered and installation required depending on the valuation of improvements to the existing structures and proposed building improvement valuation (see Municipal Code section 9-4.159(a)(1) and (b)(3). BP 24. The road shoulder shall be cleared of brush to provide a clear line-of-site for approximately 150-ft in both directions on Halcon Road measured from the center of the driveway. Ongoing 25. The Applicant shall construct a 4-ft wide Class 2 aggregate base shoulder in accordance with City Standard Specifications and Standard Drawings. BP 76 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT C: Site Plan DEV 18-0113 77 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 78 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT D: Elevations DEV 18-0113 Proposed Office Building 79 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Proposed Shop Building 80 ITEM 3 | 1/15/2019 CONTRACT CONSTRUCTION SERVICES, 11505 HALCON RD. DEV 18-0113 / RAHMINA Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT E: Proposed Renderings DEV 18-0113 81 ITEM 4 | 1/15/2019 Mini-Storage DEV18-0103 / Newton 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 DEV 18-0103 Mini-Storage RECOMMENDATION(S): The Design Review Committee recommends the Planning Commission adopt PC Resolution 2019-A denying the Conditional Use Permit for a mini-storage with a finding that the project is inconsistent with the General Plan and the character of the immediate neighborhood. If the Planning Commission decides it is possible to make the findings to approve a mini-storage, staff recommends the item be continued to a future meeting on a date uncertain to allow staff to prepare a full analysis of the project, an Initial Study of the project in compliance with the California Environmental Quality Act, and a new resolution including complete conditions of approval. Project Info In-Brief: PROJECT ADDRESS: 11450 Viejo Camino 11505 El Camino Real Atascadero, CA APN 045-342-009 045-341-010 PROJECT PLANNER Katie Banister Associate Planner 805-470-3480 kbanister@atascadero.org APPLICANT Scott Newton PROPERTY OWNER Scott Newton GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Public Facilities (PUB) Public (P) 4.2 acres Single-Family Residence (Geodesic Dome) Mini-storage facility and caretaker’s residence ENVIRONMENTAL DETERMINATION An initial study is required by the California Environmental Quality Act due to the biological resources located on the site. Staff has not yet conducted the study. 82 ITEM 4 | 1/15/2019 Mini-Storage DEV 18-0103 / Newton Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Zoning and Location 2014 Aerial North: South: East: West: CN RMF-24 P L RMF-10 RMF-10 OS DISCUSSION: Background: The project involves two lots, one of which has a single-family residence in a geodesic dome completed in 1988. The other lot is undeveloped, and is commonly used to graze sheep. The project was heard by the Design Review Committee (DRC) o n November 14, 2018. The DRC determined the project is not the “highest and best use” of the property. The DRC also found that an industrial design or storage use is not appropriate at a civic gateway on a lot that is vi sible from El Camino Real, in close proximity to residential properties. Summary: The project is a mini-storage facility with more than 53,000 square feet of storage buildings, an office and a caretaker’s residence in 9 buildings. Paved drive aisles and four parking spaces are included. The project includes alterations to the flood zone and wetland rehabilitation and will require approximately 8,000 cubic yards of cut and 12,000 cubic yards of fill material in order to create a level development area. Analysis: Project Setting and City Economic Development Between Viejo Camino and El Camino Real from Santa Barbara Road to the subject property, the General Plan designation is Public Facilities (PUB), which: “applies to parcels that are publicly owned and/or house publicly operated facilities, is intended to meet the public service, institutional, educational, L P RMF-24 RMF-10 RSF-Y 83 ITEM 4 | 1/15/2019 Mini-Storage DEV 18-0103 / Newton Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero religious, and cultural needs of the community. This designation includes the Atascadero State Hospital, which the General Plan allows as a mental health facility use. Community facilities require large areas of land and may have specialized site location requirements.” Significantly, there are two other public-type land use designations, neither of which was applied to the subject property. The Public Recreation (REC) designation is: “reserved for public park and recreation facilities available for public use and owned by a public entity. Residential subdivisions are not allowed under this designation. Future park sites may be designated with a non -site specific (REC) designation.” The Open Space (OS) designation: “covers areas with environmentally sensitive natural or cultural resources, areas to be used for the managed production of natural resources, and areas subject to natural hazards such as floods or landslides. Open Space land generally is intended to remain free of structures but may be developed with low intensity recreational improvements such as trails, landscaping and tot lots. Open Space may be developed with public-serving facilities and utilities provided by the City and Water Company including the development, production, treatment and transmission of the public water supply.” Correspondingly, the properties are in the Public zoning district, which has a very limited list of allowed and conditionally allowed uses including schools, churches, parks, cemeteries, single-family residences, and mini-storage facilities. Notably, multi-family residences, restaurant, retail, and light industrial uses are not permitted. Mini-storage facilities are not generally considered a desirable land use. They require a large amount of flat land and provide neither sales tax revenue nor a significant number of jobs. Storage buildings are typically unattractive long, narrow, featureless metal buildings. They do, however, provide a desired service for community members and can reduce outdoor storage elsewhere in the City, increase the use of residential garages for parking, and potentially increase aesthetics elsewhere in the City. This is especially the case near multi-family neighborhoods where smaller units create storage constraints. The applicant proposes to provide some oversized units to cater to building contractors that might otherwise operate from their personal residences. Some communities enact creative solutions to derive a public benefit from this type of facility, such as a tax on mini-storage units. The tax on storage in the City of Atascadero is currently $2/unit each year. Atascadero Municipal Code 9-2.110 requires the Planning Commission to make findings including that the project is consistent with the General Plan and Zoning Ordinance, and that it will not be inconsistent with the character of the immediate neighborhood. 84 ITEM 4 | 1/15/2019 Mini-Storage DEV 18-0103 / Newton Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Relevant goals and policies of the General Plan include:  Land Use, Open Space, and Conservation Element (LOC) Program 1.3.8: Beautify the City's primary entryways by creating Civic Gateways. The freeway and other vehicular approaches to Atascadero shall be made more attractive through judicious application of the elements including landscaping, civic monuments, and rural character site development.  LOC Goal 13: Provide for a sound economic base to sustain the City’s unique character by establishing a range of employment and business opportunities and generate sufficient revenue to support adequate levels of public services, and environmental, social and educational quality.  LOC Goal 14: Retain and expand existing businesses and attract new businesses to improve the availability of goods and services.  LOC Policy 14.2: Attract new development and land uses that provide jobs and services for residents, provided that those uses are consistent with the City’s character. The character of the neighborhood is dominated by multi-family and small-lot single- family residential units. The block between Viejo Camino and El Camino Real has some of the largest, flat, non-residential properties remaining vacant in Atascadero. Existing uses include several churches, a daycare center, a convenience store and several residences. Paloma Park is located east of Viejo Camino. The General Plan identifies the area as a Civic Gateway. Stormwater and Wetland Restoration The US Fish and Wildlife Service (FWS) online “Wetland Mapper” tool indicates approximately 1.8 acres of the 4.2-acre site may be jurisdictional wetlands. In order to complete the proposed project, the applicant must work with the US Army Corps of Engineers and FWS to obtain a Clean Water Act Section 404 permit to alter the onsite wetlands. A biologist will need to determine the actual extent of the wetlands and the Army Corps of Engineers will determine the amount of compensatory mitigation required. Generally it is expected that more wetland area will exist after a project is complete than before it commences. In addition, the Paloma Creek watershed area is subject to periodic flooding. About half the subject property is in a 100-year flood zone (has a 1% chance of flooding in any year). Another substantial portion is in the 500 -year flood zone (has a 0.2% chance of FWS Wetland Mapper Data 85 ITEM 4 | 1/15/2019 Mini-Storage DEV 18-0103 / Newton Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero flooding in each year). The applicant will need to apply for a Conditional Letter of Map Revision (CLOMR) from FEMA, as the project will modify the hydrologic character of a floodway. After construction, the Flood Insurance Rate Map (FIRM) must be revised to reflect the impact of the project. Flood Zones The Dove Creek residential development, located across El Camino Real from the project, required special construction techniques to address the interaction of building foundations with the high water table. The applicant has proposed the triangular southern corner of the property be used to create a more functional wetland than exists today. The depressed area will also need to capture post-construction stormwater runoff created by new impervious surfaces. State and federal agencies will ultimately determine the appropriate design of the wetland restoration. Their decisions may require additional land be devoted to mitigation. The proposed wetland basin is about 4 feet deep. 86 ITEM 4 | 1/15/2019 Mini-Storage DEV 18-0103 / Newton Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Site Plan Developing the subject property with any use will be complicated. According to Zillow, an online real-estate website, the property was listed for sale in August of 2015, and stayed on the market for three years until August of 2018, during a time when the demand for housing was generally greater than supply. City staff spoke to many potential buyers during this time who were ultimately not interested in taking on a property with so many regulatory and physical limitations. The applicant reports the floodplain modification and wetland restoration will add approximately $800,000 to the design and construction of the project. There are not many uses that can support the extra costs associated with developing this property. Project Design: The DRC did not fully discuss the project’s design. At the meeting, staff provided the DRC Committee an analysis of the appearance of the project, but because the committee did not consider the project consistent with the General Plan, it did not address the design concerns. Existing Wetland Drainage Channel Existing Wetlands Sewer Easement Proposed Wetland Existing Wetland A D C B E F H J I 87 ITEM 4 | 1/15/2019 Mini-Storage DEV 18-0103 / Newton Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero View from El Camino Real looking East The proposed facility is a series of long narrow buildings with little variation in height or depth. The applicant has provided higher quality materials than typically used for mini - storage facilities and has shown a willingness to work with staff to continue imp roving its appearance. View from El Camino Real looking Northeast If the Planning Commission decides it is possible for the project to meet the required findings, the design of the project will need to be reviewed more fully by the DRC before the Planning Commission hears the item again. Conclusion: The Planning Commission is asked to determine whether it is possible for the findings (to approve a Conditional Use Permit) to be made for a mini-storage use at the subject location if satisfactory design modifications are incorporated into the project. If so, further analysis and review is required. If not, staff has provided a draft resolution to deny the use. In such case, the Planning Commission must specify what findings cannot be made, and provide rationale for why the finding(s) cannot be made. Perhaps the best scenario for this property and the adjacent sites in the Public Zone would be the consideration of a General Plan Amendment. The properties may be a logical site for high density housing if the site hydrology and biological components can be appropriately mitigated. The existing Public Zoning designation does not appropriately serve this site nor the adjacent underutilized sites. ENVIRONMENTAL DETERMINATION: If the Planning Commission cannot make any of the required findings and denies the project, the California Environmental Quality Act does not apply to the a ction (California Public Resources Code §21080 (b)(5)). 88 ITEM 4 | 1/15/2019 Mini-Storage DEV 18-0103 / Newton Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero If the Planning Commission determines it is possible for the project to be designed in such a way that the required findings can be made, staff must prepare an Initial Study to determine if the proposed project would have a significant adverse effect on the environment. Pursuant to the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, e t seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.), this review must occur before the project is approved. FINDINGS: To deny DEV 18-0103, the Planning Commission must make at least one of the following findings: Conditional Use Permit (AMC Section 9-2.110(b).(3).(iv) 1. The proposed project or use is inconsistent with the General Plan because it is inconsistent or incompatible with the site and surroundings. 2. The proposed project or use does not satisfy all applicable provisions of the Zoning Ordinance, because zoning exceptions and significant landform modifications are needed to accommodate the project. 3. The establishment, and subsequent operation or conduct of the use, may 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 because the use conflicts with the land use patterns on surrounding properties and will not create economic or aesthetic benefits to the community. 4. That the proposed project or use will be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. ALTERNATIVES: The Planning Commission is asked to determine whether it is possible for the required findings to be made for a mini-storage use at the subject location if satisfactory design modifications are incorporated into the project. Action alternatives include: 1. If the Planning Commission determines it is possible for the required findings to be made, if design modifications are incorporated into the project, further analysis and review is required. The Planning Commission should refer the item back to the applicant and staff to devel op the additional information. A motion, and approval of that motion, is required to continue the item to a future date. 2. If the Planning Commission determines it is not possible for the required findings to be made for the project, it can deny the project. Staff has provided a draft 89 ITEM 4 | 1/15/2019 Mini-Storage DEV 18-0103 / Newton Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero resolution. 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. Public Comment Received 2. Draft PC Resolution 2019-A 90 ITEM 4 | 1/15/2019 Mini-Storage DEV 18-0103 / Newton Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Public Comment Received DEV 18-0103 From: Brady Thomason Sent: Thursday, November 29, 2018 5:47 PM To: Heather Moreno Subject: CUP: 11405 El Camino Real Hi Heather, I'm concerned about what types of businesses the city decides to approve for development on El Camino. The identity of our city is at a crossroads. I've noticed some pushes and movement in the right direction lately, and would hate to see that thwarted by decisions that impact the image of our city and its main street. As a Dove Creek homeowner, one project I'm specifically concerned about is the mini-storage facility CUP for 11405 El Camino. Not only would this affect home values in the area, it would also be unsightly and a high risk addition near a liquor store for riff raff. I know I speak for most citizens of South Atascadero when I say we're opposed to this type of business in this area. Please consider these thoughts on this project, and know we're rooting for you! Thank you, Brady Thomason 91 ITEM 4 | 1/15/2019 Mini-Storage DEV 18-0103 / Newton Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Draft PC Resolution 2019-A DEV 18-0103 DRAFT PC RESOLUTION 2019-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR A MINI-STORAGE USE DEV 18-0103 MINI-STORAGE NEWTON WHEREAS, an application has been received from Scott Newton (215 Santa Fe, Pismo Beach, California 93449), Owner and Applicant, to consider Planning Application DEV 18-0103, for a Conditional Use Permit for a mini-storage use on a 2.4-acre site located at 11405 Viejo Camino and 11505 El Camino Real, Atascadero, CA 93422 (APNs 045-342-009 and 045-342-010); and WHEREAS, the site’s current General Plan Land Use Designation is Public Facilities (PUB); and WHEREAS, the site’s current Zoning District is Public (P); and WHEREAS, mini-storage is a conditionally allowed use in the Public zoning district; and WHEREAS, the project was reviewed by the Design Review Committee at their regularly scheduled meeting on November 14, 2018; and WHEREAS, the Design Review Committee has recommended the Planning Commission deny a Conditional Use Permit for a mini-storage use; and WHEREAS, discretionary projects rejected by a public agency are exempt from the California Environmental Quality Act (CEQA) (California Public Resources Code § 21080); and WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 15, 2019, studied and considered DEV 18-0103, and 92 ITEM 4 | 1/15/2019 Mini-Storage DEV 18-0103 / Newton Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero makes the following findings, determinations and recommendations with respect to the proposed Conditional Use Permit: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The denial of the proposed project is exempt from the provisions of the California Environmental Quality Act (California Public Resources Code § 21080). SECTION 2. Findings for denial of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is not consistent with the General Plan. Fact. The project is inconsistent with General Plan Land Use, Open Space and Conservation Element Goal 13 to “Beautify the City's primary entryways by creating Civic Gateways. The freeway and other vehicular approaches to Atascadero shall be made more attractive through judicious application of the elements including landscaping, civic monuments, and rural character site development.” 2. The proposed project or use will be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. Fact. The proposed project is incompatible with the character and setting of the neighborhood as it places a storage use within a residential neighborhood in close proximity to parks and residences. The proposed project does not contribute to the jobs/housing imbalance in the City as it does not provide a significant number of jobs or housing to the City nor will the project generate tax revenue for the City. SECTION 3. Denial. The Planning Commission of the City of Atascadero, in a regular session assembled on January 15, 2019, resolved to deny the Conditional Use Permit for a Mini-Storage Use. 93 ITEM 4 | 1/15/2019 Mini-Storage DEV 18-0103 / Newton 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: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jerel Seay Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 94