HomeMy WebLinkAboutPC Resolution 2019-0008
Surrounding Uses / Parcel Configurations:
EXHIBIT A: Notice of Exemption
USE 19-0041 Colony Lofts
FROM: Callie Taylor, Senior Planner
City of Atascadero
SUBJECT: Filing of Notice of Determination in Compliance with Section 21152.1 of the Public
Resources Code
Project Title: PRE19-0027 / CUP19-0041
Project Applicant/Owner: Max Zappas/ Downtown Colony Lofts LLC, 5730 El Camino Real,
Atascadero, CA 93423
Project Location (Include County) 5730 El Camino Real, Atascadero, CA (San Luis Obispo County, APN
030-181-055)
Zoning Aerial
North: South: East: West:
Downtown Commercial
(DC),
Residential Multi-Family
(RMF-10)
Downtown Commercial
(DC),
Residential Multi-Family
(RMF-20)
Downtown Commercial
(DC)
Highway 101,
Residential Single Family
(RSF-Z)
Project Description:
The applicant is proposing a new two-story, mixed-use building to be developed on a vacant infill lot at
5730 El Camino Real in the downtown. The property is located on El Camino Real, north of the
intersection with Traffic Way and South of the intersection with Rosario Ave. The building includes
2,500 sq. ft. of commercial space on the ground floor facing El Camino Real, and five (5) residential
units. Four (4) units are proposed on second floor, and one (1) accessible unit is proposed on the ground
floor behind the commercial uses.
Name of Public Agency Approving Project: City of Atascadero
Name of Person or Agency Carrying Out Project: Max Zappas/ Downtown Colony Lofts LLC, 5730 El
Camino Real, Atascadero, CA 93423
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. 15301-15333): 15332
Reasons why project is exempt: Class 32 of the California Environmental Quality Act (CEQA) (Section
15332, In -Fill Development projects) consists of projects characterized as in-fill development meeting the
conditions described in this section:
a) The project is consistent with the applicable General Plan designation and all applicable General
Plan policies as well as with applicable zoning designation and regulations.
The proposed project is consistent with its General Plan designation (Downtown) and all applicable general
plan policies, zoning designation (Downtown Commercial) and regulations, with approval of a Conditional
Use Permit. As a part of a proposed resolution, the Planning Commission can make the findings that are
required consistent with AMC section 9-2.110(3)(iv). No additional findings are deemed necessary for
approval with the proposed project consistent with AMC section 9-2.110(3).(iv).g.
b) The proposed development occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses.
The proposed project is within the City limits of the City of Atascadero. The proposed project is on an
approximately 0.202 acre lot and is substantially surrounded by urban uses. Uses to the north include
Downtown Commercial (DC) across El Camino Real and Residential Multi-Family (RMF-10) beyond Palma
Ave. Uses to the south include the US Highway 101 and Downtown Commercial (DC). The uses to the east
are Downtown Commercial (DC). The use to the west is the US Highway 101.
c) The project site has no value as habitat for endangered, rare or threatened species.
The subject site is a vacant dirt lot, surrounded by fully developed downtown commercial uses, developed
roads, and adjacent to Highway 101. The site contains no existing vegetation, no creeks or drainage
swales, and no potential habitat for endangered, rare or threatened species.
d) Approval of the project would not result in any significant effects relating to traffic, noise, air
quality, or water quality.
The proposed project does not result in significant effects related to traffic noise, air quality or water quality.
The adjacent streets and public improvements are designed to accommodate the type and density of
development proposed. A mixed use building with 2500 sq. ft. of commercial and five (5) residential units
will not exceed APCD air quality thresholds. Drainage on site shall comply with the City’s stormwater
regulations. The proposed use is not expected to generate a level noise beyond the threshold established
by the City’s General Plan and Municipal Code Chapter 9, Section 14. Noise impacts are considered less
than significant impacts.
e) The site can be adequately served by all required utilities and public services.
The proposed project will be served by all required utilities such as electric (Pacific Gas and Electric
Company), natural gas (Southern California Gas Company) and telecommunication (Charter Cable / AT&T).
Public services at the site shall include sewer service as provided by the City of Atascadero and water service
by the Atascadero Mutual Water Company (AMWC). These service providers will continue to provide all
utilities to the site after completion of the project.
Date: May 7, 2019 ________________________________
Callie Taylor
Senior Planner
EXHIBIT B: Conditions of Approval
USE 19-0041 Colony Lofts
Conditions of Approval
USE 19-0041
Planning Services Conditions
1. This Conditional Use Permit shall allow the construction of a mixed-use building in the downtown with up to five (5)
residential units at 5730 El Camino Real, APN 030-181-055, 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 to the decision is filed as set
forth in Section 9-1.111(b) of the Zoning Ordinance.
3. The Community Development Department shall have the authority to approve 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.
4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months after its effective date. At the
end of the period, the approval shall expire and become null and void unless the project has received a building
permit.
5. The 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 construction or use of the detached accessory structure.
6. All new utilities servicing the project shall be installed underground.
7. At the time of building permit, the applicant shall provide, at minimum, 100 cubic feet of enclosed storage space for
each unit, exclusive of closets. The design and location shall be to the satisfaction of the Director of the
Community Development Department.
8. Ongoing, the applicant shall provide, at minimum, 11 on-site parking spaces that comply with Atascadero
Municipal Code Parking and Loading standards (section 9-4.114 or successor code section). Uncovered parking
spaces in front of the garage spaces shall be designed to accommodate the depth of parked cars without
overhanging into the adjacent alley.
9. At the time of building permit, the applicant shall provide a screened garbage collection area consistent with Solid
Waste Collection and Disposal standards of the Zoning Ordinance (AMC 9-4.129 or successor code section). The
area shall be designed and located to the satisfaction of the Director of the Community Development Department.
10. At the time of building permit, the design of the backflow preventer pipes shall be fully screened within the building
envelope. The design and placement shall be completed to the satisfaction of the Director of the Community
Development Department to ensure proper screening of utilities. The FDC connection shall be installed at the front
of the building in a location which can be accessed by the Fire Department.
11. Occupancy of the commercial spaces shall take precedent over the residential spaces. A disclosure shall be
required for all residential tenants to declare that the residential unit is within a commercial zoning district and that
the setting will be subject to noise levels, activities, lighting, and other features that are different from a residential
neighborhood. Restaurants and other tenants within the space below the units may serve alcoholic beverages,
and may be open late in the evening.
12. At the time of building permit, building construction plans shall provide a vertical hood shaft for ventilation for
potential future restaurant operations in the commercial space. The design and placement of the ventilation shaft
Conditions of Approval
USE 19-0041
shall be constructed to the satisfaction of the Director of the Community Development Department to ensure future
restaurant use is an option in the commercial space.
13. At the time of building permit, the construction plans shall identify appropriate lighting to be installed in the rear of
the property and along the side residential access walkways to provide enough light to illuminate the parking and
trash areas and accessways. The design and placement of lighting fixtures shall be completed to the satisfaction
of the Director of the Community Development Department.
14. At the time of building permit submittal and at time of building permit final, design and construction of the facades
and site improvements shall be in substantial conformance with the project plans dated March 5, 2019, by Studio
Design Group.
15. The high quality materials and design details identified on the preliminary plans (Exhibit C) shall be identified on
construction plans and implemented during construction. Windows, doors, and the commercial storefront shall be
metal/aluminum or wood, not vinyl. Stucco shall be hand troweled plaster. Lower floor wainscot moldings shall be
concrete or similar high quality material. Foam trim may be used on upper floors. Brick veneer selection shall be
high quality, and subject to approval of the Community Development Director.
16. At time of building permit, the project shall comply with all standards and code requirements of the Municipal Code
and the California Building Code, including but not limited to the sign ordinance, landscape and fencing standards,
lighting standards, multifamily development standards, and the Downtown Commercial zoning district standards.
Approval of the preliminary design and density bonus shall not constitute any waiver of code requirements.
17. Building permits and construction shall include landscape provided within large planter boxes and large pots as
identified on the site plan, Exhibit C. Drip irrigation with automatic timer controllers shall be identified on
construction plans and installed prior to permit final to ensure vegetation survives.
Building Services Conditions
18. The applicant shall apply for and receive a building permit before construction may begin.
19. The building shall be constructed in compliance with all applicable requirements of the California Building Code.
Fire Department Conditions
20. The project shall comply with all Fire Department standards and requirements including, but not limited to fire-rated
building separations, fire hose access, fire sprinklers; driveway length, width, surface and slope; and fire truck
turnaround.
21. Due to the length of the accessways, a single 2 ½ inch standpipe connection shall be added to the second floor
stairwell landing for fire hose access in a fire emergency.
EXHIBIT C: Site Plan, Floor Plans, and Elevations
USE 19-0041 Colony Lofts