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HomeMy WebLinkAboutPC_2020-11-17_AgendaPacket * COVID-19 NOTICE * Consistent with Executive Orders N-25-20 and No. N-29-20 from the Executive Department of the State of California and the San Luis Obispo County Health Official’s March 18, 2020 Shelter at Home Order, the Planning Commission Meeting will not be physically open to the public and Planning Commissioners will be teleconferencing into the meeting. HOW TO SUBMIT PUBLIC COMMENT: Members of the public are highly encouraged to call 669-900-6833 to listen and provide public comment via phone, or submit written public comments to pc-comments@atascadero.org by 5:00 pm on the day of the meeting. Such email comments must identify the Agenda Item Number in the subject line of the email. The comments will be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Chairperson’s discretion. All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. If you would like to view presentations provided during the meeting, you may access them by clicking on the following link: https://us02web.zoom.us/j/88138895649?pwd=ME5hd3A1RUdQN0hNQmhOOWw5eVl1QT09 Meeting ID: 881 3889 5649 AMERICAN DISABILITY ACT ACCOMMODATIONS: Any member of the public who needs accommodations should contact the City Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48 hours prior to the meeting or time when services are needed. The City will use their best efforts to provide reasonable accommodations to afford as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Planning Commission agendas and minutes may be viewed on the City's website: www.atascadero.org. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the Community Development Department and are available for public inspection on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the Planning Commission. The Minutes of this meeting will reflect these numbers. All documents submitted by the public during Planning Commission meetings that are either read into the record or referred to in their statement will be noted in the Minutes and available for review by contacting the Community Development Department. All documents will be available for public inspection during City Hall business hours once City Hall is open to the public following the termination of the Shelter at Home Order. 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, November 17, 2020 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 Mark Dariz Vice Chairperson Jeff van den Eikhof Commissioner Duane Anderson Commissioner Tori Keen Commissioner Michael Shaw Commissioner Jan Wolff Commissioner Tom Zirk APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commissi on may take action to direct the staff to place a matter of business on a future agenda.) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. DRAFT MINUTES OF OCTOBER 20, 2020  Recommendation: Commission approve the October 20, 2020, Minutes. City of Atascadero Planning Commission Agenda Regular Meeting, November 17, 2020 Page 2 of 2 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS (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). 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 op portunity to comment on the ex parte communication. 2. MIXED-USE DEVELOPMENT PROJECT AT 3710 EL CAMINO REAL The proposed project consists of a proposed mixed-use development which includes three (3) mixed-use buildings with a total of six (6) 2nd floor residential units and 1st floor commercial spaces. The project includes private open space areas and approximately twenty-seven (27) parking spaces. The applicant is requesting a variance to reduce the side-setback landscape buffer requirement and a reduction of one (1) parking space based on an Atascadero Municipal Code parking reduction. Ex-Parte Communications: Recommendation: Approve the project with conditions. (DEV19-0124) COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be held on December 1, 2020, 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. PC Draft Minutes of 10/20/2020 Page 1 of 5 ITEM NUMBER: 1 DATE: 11-17-20 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, October 20, 2020 – 6:00 P.M. City Hall (Teleconference) 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:00 p.m. Chairperson Dariz called the meeting to order at 6:02 p.m. and Commissioner Zirk led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Shaw, Keen, Wolff, Zirk, Vice Chairperson van den Eikhof and Chairperson Dariz Absent: None Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore Assistant Planner, Mariah Gasch Senior Planner, Kelly Gleason Associate Planner, John Holder APPROVAL OF AGENDA MOTION: By Commissioner Anderson and seconded by Vice Chairperson van den Eikhof to approve the Agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None. Chairperson Dariz closed the Public Comment period. 1 PC Draft Minutes of 10/20/2020 Page 2 of 5 ITEM NUMBER: 1 DATE: 11-17-20 CONSENT CALENDAR 1. DRAFT MINUTES OF SEPTEMBER 15, 2020  Recommendation: Commission approve the September 15, 2020, Minutes. MOTION: By Commissioner Shaw and seconded by Commissioner Anderson to approve the Consent Calendar. Motion passed 6:0:1 by a roll-call vote. (Commissioner Wolff abstained due to her absence from the last meeting.) COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS (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).) 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. 2. TENTATIVE PARCEL MAP, LOT LINE ADJUSTMENT, AND ROAD ABANDONMENT FOR 2930 AND 2945 RAMONA ROAD The proposed project consists of a Tentative Parcel Map that includes a right-of- way abandonment. The project qualifies for a Class 15 Categorical Exemption under CEQA Section 15315, for minor land divisions. Ex Parte Communications: Recommendation: Approve the project with conditions. (SBDV20-0047) EX PARTE COMMUNICATIONS None Planner Holder presented the staff report. Director Dunsmore, Planner Gleason and Planner Holder answered questions from the Commission. 2 PC Draft Minutes of 10/20/2020 Page 3 of 5 ITEM NUMBER: 1 DATE: 11-17-20 PUBLIC COMMENT The following member of the public spoke during public comment: Dennis Schmidt. Mr. Schmidt had asked Planner Holder some questions via email earlier, and Mr. Holder addressed his questions. Applicant Schmidt was in agreement with staff’s recommendations. Chairperson Dariz closed the Public Comment period. It was noted that on Page 16, Conditions 7 and 8 are missing, and this is a typo, not missing conditions. MOTION: By Commissioner Anderson and seconded by Commissioner Zirk to approve the Draft Resolution 2020 recommending the City Council approve a Tentative Parcel Map AT20-0013 that includes an abandonment of a portion of Ramona Road right-of-way and dedication on AT 2390 AND 2945 Ramona Road (APN 049-212-001 and APN 049-211- 038) based on findings and subject to conditions of approval, and with an added condition that the applicant will work with the City Engineer to determine the type and placement of monuments, and to modify Condition 14 to remove the word centerline. Motion passed 7:0 by a roll-call vote. 3. VESTING TENTATIVE TRACT MAP AND MASTER PLAN OF DEVELOPMENT FOR 1827 AND 1843 EL CAMINO REAL The proposed project consists of a proposed Vesting Tentative Tract Map and Master Plan of Development for a 6-lot residential subdivision. This is being processed as a reconsideration of a previously approved but expired project as no significant changes are proposed and no code changes effecting the project have been enacted since the original approval. The project is consistent with the certified Final EIR for the Del Rio Road Commercial Specific Plan and subsequent addendums. Ex-Parte Communications: Recommendation: Approve the project with conditions. (RECON20-0078) EX PARTE COMMUNICATIONS None 3 PC Draft Minutes of 10/20/2020 Page 4 of 5 ITEM NUMBER: 1 DATE: 11-17-20 Planner Gleason presented the staff report and stated a correction to page 27 that the APN# listed in the first paragraph should read 049-102-032. Director Dunsmore and Planner Gleason answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke during public comment: Patti Whelen, who stated that she is in agreement with staff’s recommendations. Chairperson Dariz closed the Public Comment period. MOTION: By Commissioner Anderson and seconded by Commissioner Wolff to approve Draft Resolution 2020 approving a Conditional Use Permit (Master Plan of Development) and Vesting Tentative Subdivision Map (Tract 3147) for the Annex residential project APN 049-102-032, 049-102-020 at 1843 and 1827 El Camino Real, based on findings and subject to conditions of approval, with the corrected APN’s listed as stated above. Motion passed 7:0 by a roll-call vote. 4. 6TH CYCLE HOUSING ELEMENT UPDATE The Housing Element is part of the City’s General Plan and provides a policy framework to further a wide variety of housing throughout the City in compliance with State law. Ex Parte Communications: Recommendation: Approve the project with conditions. (CPP19-0067) EX PARTE COMMUNICATIONS None Planner Gleason introduced Genevieve Sharrow, Housing Consultant, who presented the staff report. Ms. Sharrow, Director Dunsmore and Planner Gleason answered questions from the Commission. Once this is approved, it will move on to City Council on November 10, 2020. PUBLIC COMMENT None Chairperson Dariz closed the Public Comment period. 4 PC Draft Minutes of 10/20/2020 Page 5 of 5 ITEM NUMBER: 1 DATE: 11-17-20 MOTION: By Commissioner Zirk and seconded by Commissioner Keen to approve Draft Resolution 2020 recommending that the City Council adopt the 2020-2028 Housing Element Update based on findings and subject to conditions of approval. Motion passed 7:0 by a roll-call vote COMMISSIONER COMMENTS AND REPORTS Commissioner Zirk complimented the Community Development staff on the permitting process. DIRECTOR’S REPORT Director Dunsmore stated that meeting on November 3, 2020 is cancelled, and the next meeting will be on November 17, 2020. ADJOURNMENT – 7:14 p.m. The next regular meeting is scheduled for November 17, 2020, at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant 5 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook 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 Cook Vertical Mixed-Use Project (DEV19-0124) RECOMMENDATIONS: Staff recommends the Planning Commission adopt draft PC Resolution approving a mixed-use development and parking reduction (processed as a Conditional Use Permit), variance, and Tree Removal Permit (DEV 19-0124) to allow for a vertical mixed use project, based on findings and subject to conditions of approval. REPORT-IN-BRIEF: The proposed project includes the removal of an existing residence and the construction of three vertical mixed use buildings with second story residential units and first floor commercial retail and warehouse/distribution space. The applicant intends to apply for a tentative map after approval of the development project to allow for individual sale of the units and/or commercial spaces. The project has a total of six (6) residential units (8,002 square-feet of residential space), 6,742 square-feet of commercial space, 27 on-site parking spaces, and a shared driveway. The applicant is requesting a shared peak-hour parking exception and a variance to the side landscape setback requirement. Project Info In-Brief: PROJECT ADDRESS: 3710 El Camino Real Atascadero, CA APN 049-221-016 PROJECT PLANNER John Holder Associate Planner 805-470-3448 jholder@atascadero.org APPLICANT Corey Cook, 1295 Sierra Meadow Lane, Templeton, CA, 93465 PROPERTY OWNER Corey Cook, 1295 Sierra Meadow Lane, Templeton, CA, 93465 GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE 6 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook 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: Commercial Retail (CR) Commercial Retail (CR) Commercial Retail (CR) Highway 101/Residential Suburban (RS) General Commercial (GC) Commercial Retail (CR) 0.649 acres Non- conforming Residential Mixed Use ENVIRONMENTAL DETERMINATION ☐ EIR / MND / ND / Statutory Exemption to be circulated ☐ Prior CEQA Review CEQA # ____________ Certified: _________ ☒ Cat. Exemption Class ___32______ CEQA Guidelines § 15332 ☐ No Project - § 15268 Ministerial Project Project Site Project Site 7 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Project Description The site contains an existing non-conforming house and shed that will be demolished as part of the proposed project. The applicant is proposing a new vertical mixed-use project with commercial on the ground floor and residential spaces above. They intend to allow for individual ownership and will submit a condominium subdivision map at a later date. Multi-family housing is conditionally allowed in the Commercial Retail zone if located on the second story or above. The proposed project can be considered infill development on an underutilized parcel in a high priority commercial area for the City. Buildings one and two each have approximately 1,725 square-feet of commercial retail space on the ground floor and two (2) units on the upper floor, ranging from two-bedrooms to three-bedrooms. Building three has approximately 3,292 square-feet of commercial wholesale and distribution space on the ground floor and two (2) residential three- bedroom units on upper floor. ANALYSIS: Project Summary and Site Design The City’s General Plan supports vertical mixed use projects in Commercial Retail zones (with no ground floor residential) with the approval of a Use Permit. This development meets the General Plan goals and will replace a non-conforming use with a vertical mixed- use project at a key commercial node. The site is designed with a single driveway at El Camino Real. There are private garages for the residential units located along the shared driveway. A shared parking area is located towards the middle of the property to allow for guest and commercial patron parking. A turn-around for fire access is designed into the driveway and parking area. Building one is located adjacent to El Camino Real providing a storefront appearance along the frontage. In between building one and two is an open area that provides two guest parking spaces, placement of air conditioning units, waste receptacles, and a 3- foot landscape buffer. Both building one and two contain areas for retail storage and private parking garages for the second floor residential units. Building three is located toward the rear of the property and contains two single-car garages for the second story residential units with warehouse commercial space on the ground floor. The residential units are located on the second story of each building for a total of six units. The proposed residences range from 2- to 3-bedroom units. All residential units contain private decks/balconies ranging from 100 to 170 square-feet. Pedestrian access through the site is provided by a 4-foot accessible concrete walkway. Access to the second floor is provided with internal building stairwells. 8 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Proposed Project Site Plan (Front Portion of Project) Proposed Project Site Plan (Rear Portion of Project) Retaining Walls Due to site topography, there is a slight elevation variation across the property, mainly sloping down toward Highway 101. The applicant has accommodated this change in grade by proposing the construction of a 3-foot retaining walls along the northern and southern property lines where appropriate in order to accommodate the project’s proposed buildings, meet code requirements for maximum cross slope within the fire turn- around area, accommodate site accessibility, and allow for maximum site utilization. These walls are the minimum height to accommodate these requirements and will not be detrimental to adjacent properties. The majority of site will be set below the grade of adjacent properties. 9 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Parking AMC 9-4.118 lists the required number of parking spa ces for each use. A total of 28 spaces are required for the project. However the Atascadero Municipal Code section 9- 4.115(f) allows for an exception for shared peak-hour parking. This exception recognizes that a parking reduction may be appropriate for mixed -use developments where the uses have different peak traffic usage periods. Under this scenario, a reduction of up to 75% of the most intensive use may be permitted through the Use Permit process. In this case, the most intensive use is the residential component and the applicant is seeking to reduce the parking by one (1) guest parking space for a total reduction of 7%. Use Quantity Required Parking Rate Required Spaces Provided Spaces General Retail 2,400 SF Retail 1050 SF Storage 1 per 300 s.f. of sales area, 1 per 600 s.f. of storage area 9.75 9.75 Wholesaling and Distribution 3,292 SF 1 per 1,000 s.f. of use area for first 10,000 s.f. of use area, 1 per 3,000 s.f. of use thereafter 3.2 3.2 3-bedroom residence 4 2.5/unit 10 10 2-bedroom residence 2 2.0/unit 4 4 Residential Guest parking 0 1/5 units 1 0 TOTAL: 28 27 Of the 27 total spaces, six are within private residential garages, 19 are shared spaces, 1 is designated as a motorcycle space, and 1 bicycle parking area is provided. Parking spaces include a curb at the wheel stop location, providing additional landscape area and width within the vehicle overhang area. Landscaping in this area is lower groundcovers to accommodate the overhang. Trees are proposed in between car spaces for shade. Landscaping and Decorative Pavement The conceptual landscape plan includes street trees along the El Camino Real frontage and shade trees placed strategically throughout the parking areas. The common areas include a mix of drought tolerant landscaping. Commercial districts are required to landscape at least 10 percent of site area including setbacks, unused areas, and parking areas (AMC 9-4.125). In addition, all mechanical equipment and waste collection areas must be screened. The applicant is proposing to landscape approximately 15.5 percent 10 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero of the total project area, which exceeds the required 10 landscaping for commercial sites. However, the majority of the landscaped area is towards the rear of the property adjacent to Highway 101 with limited landscape throughout the developed portion of the site . The applicant has provided additional small to medium sized trees to add more landscape height and layering with the buildings in addition to providing shade coverage in accessible areas as recommended by the Design Review Committee. Conceptual Landscape Plan (Front Portion of Property) Conceptual Landscape Plan (Rear Portion of Property) Pavers are also proposed on a portion of the entry to the project and the shared parking area to soften the visual impact of the paved areas. Approximately 33.2 percent of the entire project site will include pavers. The pavers will be permeable to allow for storm water infiltration and the visual appearance of pavers is considered to be decorative under AMC section 9-4.125 (3)(ii)(b)) and may be used to allow for reduced landscaper setbacks to drive aisle and parking areas. Setbacks Pavers 11 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero The project is located in the Commercial Retail zone where side and front building setbacks are not required. The building fronting El Camino Real is proposed at the back of the sidewalk and entry into the tenant space is directly from El Camino Real , creating an active storefront along the frontage . Buildings 1 and 2 are designed with a zero- setback along the north property line. Due to building code requirements for fire safety, windows are not permitted on the zero-setback wall (California Building Code 2019 Table 705.8) however, decorative false window elements were added at the request of the DRC. The buildings are separated to provide a breakup of the mass along the northern property line. The area in between the buildings contains landscaping directly adjacent to the property line and is used to house mechanical equipment and trash storage. Building 3 is proposed with a four (4) foot setback from the north and a three (3) foot setback from the south property lines to allow for access to the rear of the site for maintenance. Some smaller landscaping is proposed for this area. Along the south property line, there is a reduced 3-foot landscape setback along the majority of the property line. Per section AMC 9-4.125, a 5-foot side landscape buffer from parking and driveway areas is required. This can be reduced to 3-feet if decorative pavement is used. The applicant is utilizing pavers for a significant portion of the project site to allow for the reduced buffer area however, due to the narrowness of the lot, portions of the site are designed with no landscape area adjacent to the property north and south lines. The applicant is seeking a variance from the 3-foot landscape buffer requirements where the site design cannot meet this standard based on physical narrowness of the parcel combined with requirements for minimum fire department turn -around width and accessible path of travel to the rear building. The narrow shape and topography of the existing lot, in addition to minimized frontage and access opportunities along El Camino Real, limits the potential commercial viability of the property and supports the need for a variance at this site. The areas that cannot meet the landscape buffer requirement are outlined below in red. Landscape Setback Buffer Exemption Details The requested variance requires Planning Commission approval. The following findings will need to be met to approve the variance request and are included in draft PC resolution (Attachment 1): 12 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 1. The Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; and 2. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoni ng district; and, 3. The Variance does not authorize a use which is not otherwise authorized in the zoning district; and 4. The granting of such variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. Based on the narrowness of the lot and minimum ADA, emergency service access, and parking lot design standards, staff believes the findings for the variance can be met. Fencing and Screening AMC section 9-4.128 requires that fencing and screening within the urban services line be a minimum of six (6) feet in height. Additionally, a solid wall or fencing must be located on side and rear property lines of any nonresidential use abutting a residential use or zone. The proposed project is located adjacent to an existing multifamily development to the south and an existing single family residence to the north. The project is proposing wooden slat fencing for the majority of the site perimeter fence except in locations where a building is located along the property line. Where retaining walls are present, a 4-foot high wooden fence on top of the 3-foot retaining wall is proposed. As requested by the DRC, all perimeter fencing is conditioned to be 7-feet in height as measured from the lowest finished grade on the property to provide additional screening for the adjacent residential uses where appropriate. Outlined below in green are the locations where the fence will sit on the retaining walls. The red shows standard fencing. Staff has added a condition that the fences include a top rail and that no dog eared fencing be permitted. 13 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Fence and Screening Location (Front Portion of Project) Fence and Screening Location (Rear Portion of Project) Within the project site, there is also a proposed 5-foot wooden fence that will be used to screen the ground level air conditioning units and a 4-foot high corrugated metal fence to screen waste areas. Staff has conditioned that additional landscaping be added to all fencing and screening locations. Architectural Design The project is designed with an industrial theme. This includes darker colors (grey and brown), a sand stucco finish, corrugated metal siding, contemporary aluminum windows and doors, industrial metal doors, and cable guardrails for the residential deck areas. The Screening for Waste Areas and AC Units Screening for Waste Areas and AC Units 14 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero residential unit facing El Camino Real is proposing a curved iron juliet balcony. The proposed lighting on the buildings is shielded to direct light toward buildings or the ground as required by AMC. The north sides of buildings one and two contain decorative false windows to add articulation on the zero-line setback. The applicant has incorporated all architectural design changes recommended by the Design Review Committee, including the following:  Darker building colors, preferably gray or brown.  Architectural theme and color should be used on all sides of the building.  The applicant will work with staff on the design of shutters and the same appearance on all the windows.  Staff work with the applicant on the garage doors and windows to make them pleasing and compatible to each other.  Retain juliet balconies as it makes the wall more interesting and decorative.  Building articulation on the north-facing and Highway-101 facing walls through architectural design features.  Adding skylights to provide light that is more natural. Six residential units ranging from 1072 square-feet to 1788 square-feet of living are proposed. The units will be a combination of two and three bedroom floor plans with efficiently designed living spaces. Each unit is designed with private storage space, laundry facilities, and one private garage for each for each unit. Private decks are incorporated to provide outdoor use areas for the residential units. The proposed project includes two commercial use spaces along the El Camino Real frontage and integrated into the project site. Building 1 will contain approximately 1,725 square-feet of retail facing El Camino Real and building 2 will contain approximately 1,725 square -feet of retail space without El Camino Real frontage. Retail storefront access will be located off the public sidewalk along El Camino Real, the project walkway along the shared driveway. The commercial spaces will be characterized by industrial metal corrugated siding. Building 3 will contain approximately 3,292 square -feet of commercial wholesale and distribution space and continue the industrial metal corrugated siding with access from the shared parking area. Natural light is provided by skylights in each unit as recommended by the Design Review Committee. 15 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Building Elevations Signage Each building is proposed to have space for commercial tenant signage, including multitenant wall signage along the El Camino Real frontage. Signage lighting is proposed to be incorporated into the buildings is conditioned to be set on a timer to ensure compatibility with adjacent residential uses. The proposed signage details are included in the draft Resolution exhibits. Tree Removal The applicant has submitted an application for a Tree Removal Permit for the removal of four (4) coast Live Oak trees (Quercus agrifolia) totaling approximately 115 inches DBH. All native trees removed are subject to the Native Tree Ordinance and will be required to be mitigated either by replanting, payment into the tree fund, or a combination of both . City staff has worked with the applicant to reduce the amount of tree removals to the extent feasible. Staff has identified the following finding as appropriate for the application request: Paneled garage doors Juliet Balcony Corrugated metal paneling Contemporary Balconies Zero setback side wall (north side property line) building articulation 16 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero (v) The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree remova l, as certified by a report from the site planner and determined by the Community Development Department. Tree Mitigation Chart Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 20-inches Coast Live Oak 1 2 32-inches Coast Live Oak 2 3 48-inches Coast Live Oak 3 4 15-inches Coast Live Oak 4 5 5 6 6 Total 115-inches Total 0-inches 115-inches Mitigation Requirement req'd tree replacements:38 five gal trees req'd tree replacements:0 five gal trees 38 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24'')0 box trees (24'')0 box trees (24'') Remaining Mitigation 38 five gal trees Remaining Mitigation 0 five gal trees 38 five gal trees Tree Fund Payment:1,916.67$ Tree Fund Payment:-$ 1,916.67$ CONCLUSION: The Atascadero Design Review Committee reviewed the proposed project on August 12, 2020 and recommended that the project move forward to Planning Commission. The DRC found that the proposed development is designed in accordance with the City’s Appearance Review Manual and incorporates high quality design. The project proposes a mixed-use development on a currently underutilized commercial property. The project site is located adjacent to the San Anselmo commercial node where higher intensity development is anticipated. Conditions of approval have been included to ensure that the high quality materials, landscaping, and design details identified on the preliminary plans are implemented during construction. ENVIRONMENTAL DETERMINATION: The project qualifies for a Class 32 Categorical Exemption from the California Environmental Quality Act (CEQA Guidelines Section 15332, Infill Development Projects). 17 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero FINDINGS: The Planning Commission must make all of the following findings to approve the proposed project: 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 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. 4. That the proposed project or use is consistent with the character of the immediate neighborhood and will not be contrary to its orderly development. 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the land use element. Variance (AMC Section 9-1.113): 1. The variance authorized does not constitute a grant of special privi leges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; and 2. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and 3. The variance does not authorize a use which is not otherwi se authorized in the zoning district; and 4. The granting of such Variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. 18 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Tree removal (AMC Section 9-11.105): 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department . Parking Exception (AMC Section 9-4.115): 1. Shared Peak-Hour Parking. The proposal includes two (2) or more uses have distinct and differing peak traffic usage periods and the parking is shared and accessible to all buildings and uses. 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. CEQA Notice of Exemption 2. Draft Resolution 19 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Surrounding Uses / Parcel Configurations: Attachment 1: Notice of Exemption DEV 19-0124 Cook Mixed Use (CUP) CITY OF ATASCADERO NOTICE OF EXEMPTION 6500 Palma Avenue Atascadero, CA 93422 805.461.5000 TO: File FROM: John Holder, Associate Planner City of Atascadero SUBJECT: Filing of Notice of Determination in Compliance with Section 21152.1 of the Public Resources Code Project Title: DEV19-0124 Project Applicant/Owner: Corey Cook 1295 Sierra Meadow Lane, Templeton, CA, 93465 Project Location (Include County) 3710 El Camino Real, Atascadero, CA (San Luis Obispo County, APN 049-221-016) 20 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Existing Zoning Existing Aerial / Surrounding North: South: East: West: Commercial Retail (CR) Commercial Retail (CR) Commercial Retail (CR) Highway 101/Residential Suburban (RS) Project Description: The proposed project includes the removal of an existing residence and the construction of three vertical mixed use buildings with a total of six (6) second story residential units (condominiums) and first floor commercial retail and warehouse/distribution space. The applicant will intends to apply for a tentative map/condominium airspace subdivision after approval of the conditional use permit and a variance to allow for individual sale of the units and/or commercial spaces. Building one and two both have approximately 1,725 square-feet of commercial retail space on the ground floor and 2,228 square-feet of residential space on upper floor. Building three has approximately 3,292 square-feet of commercial wholesale and distribution space on the ground floor and approximately 3,546 square -feet of residential space on upper floor. The project has a total of six (6) residential units (8,002 square-feet of residential space), 6,742 square-feet of commercial space, 27 on-site parking spaces, and a shared driveway. Project Site Project Site 21 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Corey Cook 1295 Sierra Meadow Lane, Templeton, CA, 93465 / Gannage Design P.O. Box 14502, San Luis Obispo, CA 93406 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 (General Commercial) and all applicable general plan policies, and Commercial Retail zoning designation (CR) as the use is conditionally allowed in the CR zone and will be consistent with the 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 0.65 acre lot and is substantially surrounded by urban uses. Uses to the north include non- conforming residential parcels located in the CR zone and vacant lots characterized by non-conforming residential structures. Uses to the south include the high-density multifamily residential uses and commercial uses. The uses to the east are El Camino Real and vacant lots. The use to the west is US Highway 101. The site is substantially surrounded urban uses. c) The project site has no value as habitat for endangered, rare or threatened species. The subject site is characterized by residential structures and vacant land. The site is surrounded by fully developed residential, commercial uses, roads, and adjacent to Highway 101. The site contains no creeks or drainage swales and does not appear to have potential habitat for endangered, rare or threatened species. The site does contain native oak trees that will be impacted by development. Removal of oak trees require a Tree Removal Permit (TRP 20-0097) and the applicant will be required to pay into the City’s Native Tree Mitigation Fund or replant additional native trees on site. 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. Three mixed use buildings with 6,742 sq. ft. of commercial and six (6) residential units 22 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero will not exceed APCD air quality thresholds for daily ozone precursor and annual GHG emissions. 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. Staff Contact: John Holder (805) 470-3448 Date: November 10, 2020 John L Holder Associate Planner 23 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Draft Resolution 2020 DEV 19-0124 DRAFT PC RESOLUTION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, VARIANCE, AND TREE REMOVAL TO ALLOW FOR A VERTICAL MIXED-USE PROJECT DEV 19-0124 3710 EL CAMINO REAL APN: 049-221-016 (COOK) WHEREAS, an application was received from Corey Cook, 1295 Sierra Meadow Lane, Templeton, CA, 93465 (owner and applicant), for a Conditional Use Permit to allow a vertical mixed use project at 3710 El Camino Real (APN 049-221-016) and Tree Removal Permit 20-0097; and WHEREAS, the property is in the General Commercial (GC) General Plan Land Use Designation; and WHEREAS, the property is in the Commercial Retail (CR) zoning district; and WHEREAS, mixed use projects are considered a conditionally allowed use in the Commercial Retail zoning district; and WHEREAS, the project was reviewed by the Design Review Committee at their regularly scheduled meeting on August 12, 2020; and WHEREAS, recommendations of the Design Review Committee have been incorporated into the project exhibits and conditions of approval; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA Guidelines Section 15332: In-fill Development Projects; 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 use permit; and 24 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook 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 and Variance: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, at a Public Hearing held on November 17, 2020 considered the proposed project. SECTION 3. Findings. The Planning Commission makes the following findings, determinations and approvals with respect to the use permit, parking reduction, variance, and tree removal: Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan. Fact: Land Use, Open Space and Conservation Element Policy 1.1 encourages infill development or the revitalization of land already committed to urban development where utilities and public services exist. This proposed helps implement Policy 1.1 and also aligns with the General Plan Mixed Use designation as it is located within a commercial district where multi-family residential use is allowed on a conditional basis. The addition of an infill mixed-use buildings at this location that include first-floor commercial uses fulfils several goals and policies of the General Plan. Economic development is strengthened by a new high quality commercial space in the heart of the downtown. The project provides streetscape appeal, expanded retail opportunities, and additional residential uses along the El Camino Corridor. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance. Fact: As proposed, the project will develop an underutilized parcel to create a mixed-use project that includes both commercial and residential uses. The project, with Planning Commission approval of this conditional use permit and variance, satisfies all applicable provisions of the Zoning Ordinance related to mixed-use and multifamily development in the Commercial Retail zoning district. 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 infill project is appropriate for the subject parcel and complies with the related zoning regulations. It is the intention of the City of Atascadero to encourage the development of underutilized parcels in the commercial zoning district and retain commercial use of the properties. The proposed development will be constructed to meet 25 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero the standards of the applicable building code and will not be detrimental to health, safety, and welfare of the general public. 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 surrounding area is zoned commercial retail and property is adjacent to high density multifamily housing and underutilized commercially-zoned properties. The proposed development is similar in nature to neighboring operations and will help guide the orderly development of the neighborhood and ensure retention of commercial uses along El Camino Real. 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the land use element. Fact: The proposed residential and commercial uses will not generate significant and unavoidable impacts to traffic. All internal and abutting public roads have been designed to City standard. Variance: 6. The variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated. Fact: The variance does not constitute a grant of special privileges. The variance allows for the highest and best use of a constrained property within a commercial zoning district. 7. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district. Fact: Due to the parcel shape and site topography, meeting landscape setback buffer standards under the zoning title would not be feasible and the variance is necessary so that the project is able to meet other provisions of the title, including healthy and safety, landscaping, open space, and overall site design. 8. The variance does not authorize a use which is not otherwise authorized in the zoning district. Fact: The project is a conditionally allowed use in the Commercial Retail zoning district and the variance does not authorize any additional use not authorized in the zoning district. 26 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 9. The granting of such variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. Fact: The granting of variance does not cause any adverse effects. The project will still meet appropriate code standards for health and safety and comply with building code standards. Tree Removal: 10. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department. Fact: Based on factors outlined in the Atascadero Municipal Code, the trees proposed for removal obstruct proposed site improvements and due to cost and site design, cannot be retained. Parking Reduction: 12. Shared Peak-Hour Parking. Shared Peak-Hour Parking. The proposal includes two (2) or more uses have distinct and differing peak traffic usage periods and the parking is shared and accessible to all buildings and uses. Fact: The parking on site will be shared between residential, warehouse, and commercial uses. The most intensive use is the residential component, and the applicant meets code requirements to reduce the parking by one (1) guest parking space for a total reduction of 7%. SECTION 4. CEQA. The proposed project is Categorically Exempt (Class 32) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15332, for in-fill development projects. A notice of exemption is included as Exhibit A. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 17, 2020, resolved to approve a Conditional Use Permit, Tree Removal Permit, Parking Reduction, and Variance for DEV 2019-0124 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Project Exhibits 27 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook 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 _________________________________________ Mark Dariz Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 28 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT A: Conditions of Approval DEV19-0124 Cook Mixed Use (CUP) Conditions of Approval DEV19-0124 Planning Services Conditions 1. This Conditional Use Permit shall allow the construction of mixed-use buildings at 3710 El Camino Real, APN 049- 221-016, regardless of owner. 2. Approval of this entitlement shall be final and effective consistent with Atascadero Municipal Code (AMC) Section 9-1.111 seq. et. al. 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. This entitlement shall expire 24 months from the approval date unless a time extension request is filed with the Community Development Department, or a State mandated automatic time extension is applied prior to expiration. The entitlement described at the location per this resolution is determined to be vested with the property upon issuance of 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. In accordance with the Atascadero Municipal Code section 9-8.105, any violation of any of the conditions of approval is unlawful and maybe be cause for revocation of this entitlement and subject the applicant and/or future property owners to the penalties set for in the Atascadero Municipal Code, as well as any other available legal remedies. 7. The site shall be developed and maintained in accordance with the approved plans and unless specifically provided for through the granted entitlement shall not waive compliance with any sections of the zoning Code, all other applicable City Ordinances, and applicable Specific Plans. 8. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of this approval, or in any way relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. (To the extent allowable by law, Owner agrees to hold City harmless from costs and expenses, including attorney's fees, incurred by City or held to be the liability of City in connection with City's defense of its actions in any proceeding brought in any State or Federal court challenging the City's actions with respect to the project. Owner understands and acknowledges that City is under no obligation to defend any legal actions challenging the City's actions with respect to the project.) 9. All new utilities servicing the project shall be installed underground. 10. Ongoing, the applicant shall provide, at minimum, 27 on-site parking spaces that comply with Atascadero Municipal Code Parking and Loading standards (section 9-4.114 or successor code section). 11. 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 contain additional landscaping for screening and be designed and located to the satisfaction of the Director of the Community Development Department. 29 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval DEV19-0124  All refuse enclosures are required to provide adequate space for recycling bins. The enclosure shall be architecturally compatible with the primary building. Gates shall be view obscuring and constructed of durable materials. Verification from Waste Alternatives is required to determine the adequate size of enclosure based on the number and size of containers to be stored in the enclosure. 12. Facades and site improvements shall be in substantial conformance with the project plans dated September 28, 2020, by Gannage Design.  The high quality materials and design details identified on the preliminary plans (Exhibit B) shall be identified on construction plans and implemented during construction.  Project construction must be in accordance with provided Exhibit(s), adopted with this Resolution. Changes to architecture, landscaping design, or other non-substantive design features may be approved by the Design Review Committee (DRC). 13. Garage doors shall be architectural grade and consistent throughout the project. 14. 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 Commercial Retail (CR) zoning district standards. Approval of the preliminary design and density bonus shall not constitute any waiver of code requirements. 15. The site shall be kept in a neat manner at all times and the landscaping shall be continuously maintained in a healthy and thriving condition. 16. All signs shall be subject to review and approval as required by Municipal Code Section 21.19 and shall require a separate application and approval prior to installation of any sign and shall be consistent with signage plans in Exhibit B. All signage shall be located below the 2nd floor window sill line and, if lit, shall include exterior illumination (no interior illumination) and lighting shall be set on a timer. 17. Perimeter fencing shall be high quality. Top rail shall be included in fencing and dog-ear fencing shall not be permitted. Prior to issuance of building permits, applicant shall submit final perimeter fencing plan for City review and approval that indicates appropriate screening of adjacent residential uses, including a seven (7) foot fence where appropriate and a three (3) foot fence in side setback adjacent to street. 18. All new ground-mounted appurtenances such as air-conditioning condensers, electrical transformers, backflow devices etc., shall be screened from public view through the use of decorative walls and/or landscaping subject to approval by the Community Development Director or his designee. Details shall be included in the building plans. 18. Prior to the issuance of a Building Permit a landscape and irrigation plan consistent with the Landscape and Irrigation Ordinance, shall be submitted for City review and approval. The plan needs to be designed in a manner that utilizes drought tolerant plants, trees and ground covers and minimizes, if not eliminates the use of turf. The irrigation plan shall utilize drip irrigation and limit the use of spray irrigation. All existing and/or new landscaping shall be installed with automatic irrigation systems. Landscape plan shall include the following:  Parking lot trees shall be canopy shade trees such as Chinese pistache, locust trees, or similar.  Street trees shall be Chinese pistache or London plane. Planting shall be in accordance with engineering standards to the satisfaction of the City engineer.  All landscaping shall be drought tolerant.  Final tree and plant species shall be determined at building permit submittal and subject to staff approval.  Freeway facing trees may include the following species: native oaks, flannel bush, toyon, manzanita, or similar.  Trash enclosure shall be compatible with building and utilize high quality materials such as corrugated metal siding famed in wood or steel. 30 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval DEV19-0124  Building permits and construction shall include landscape provided within large planter boxes and large pots as identified on the site landscape plan, Exhibit B. Drip irrigation with automatic timer controllers shall be identified on construction plans and installed prior to permit final to ensure vegetation survives. 19. Should a tree require replacement, approval of the replacement tree species and location shall be obtained from the City’s Planning Division prior to removal. Any removed tree shall be replaced in accordance with City standards and any approved entitlement conditions. If any street tree of a species governed by the City’s native Tree Ordinance requires removal and replacement, such tree shall be exempt from permit and mitigation requirements if replaced in kind. 20. This approval shall be for the removal of four native oak trees totaling 115 inches-dbh. Mitigation fees shall be paid prior to issuance of any building permit. The following arborist recommendations shall be implemented:  In order to protect native oak trees on adjacent properties, building permit applications shall indicate footings as recommended in submitted arborist report (helical method or caissons). Should the footings be infeasible, the applicant may coordinate with the adjacent property owner on the removal of these trees, however, a separate Tree removal Permit shall be submitted and approved by the Community Development Department prior to permit approval. 21. All exterior lighting shall be shielded so as to be directed downward in such a manner as to not create off-site glare or adversely impact adjacent properties. The style, location and height of the lighting fixtures shall be submitted with the building plans and shall be subject to approval by the Community Development Director or his designee. 22. All walls/fences and exposed retaining walls shall be constructed of decorative materials as determined by the Design Review Committee and shall not include precision block. 23. It is the property owner's responsibility to insure that all construction of private property improvements occur on private property. It is the owner's responsibility to identify the property lines and insure compliance by the owner's agents. 24. No storage of trash cans or recycling bins shall be permitted within the public right-of-way. Public Works Conditions 25. The removal of curb, gutter and sidewalk will be limited to that which is needed for the new driveway configuration as this frontage is new. 26. An encroachment permit is required for all work within the Right of Way. 27. A Stormwater Control Plan (SWCP) will be required with submittal of the construction permit application. This project shall comply with all current stormwater regulations. 28. The Soils Report will need to address the existing soil conditions with respect to pervious pavers if the soils has poor percolation characteristics and shall specifically address if under-pavement drains are required. 31 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval DEV19-0124 29. This project will require a safe overland route for stormwater run-off from a 100-yr storm event assuming the proposed storm sewer system on each side of Building #3 fails or exceeds capacity. The overland route cannot impact the adjacent properties. 32 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook 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 EXHIBIT B: Project Exhibits DEV 19-0124 Cook Mixed Use (CUP) B-1: Existing Conditions and Demolition Plan 33 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero B-2: Proposed Site Plan 34 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Site Plan Detail (Front Portion of Property) Site Plan Detail (Rear Portion of Property) 35 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero B-3: Proposed Conceptual Landscape Plans and Paver Details 36 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 37 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero B-4: Fencing Detail 38 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero B-5: Building Floor Plans Building 1 39 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Building 2 40 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Building 3 (Ground Floor) 41 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Building 3 (Second Floor) 42 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero B-6: Building Elevations 43 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 44 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 45 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 46 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero B-7: Site and Parking Section Details 47 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero B-8: Site Perspectives 48 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 49 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero B-9: Roof Plan 50 ITEM 2 Cook Mixed-Use DEV19-0124/ Cook Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero B-10: Signage Location Plan 51