HomeMy WebLinkAboutPC Resolution 2020-0012RESOLUTION PC 2020-0012 CITY of ATASCADERO
PLANNING
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ATASCADERO, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT (MASTER PLAN OF DEVELOPMENT) AND VESTING
TENTATIVE SUBDIVISION MAP (TRACT 3161), FOR THE ANNEX
RESIDENTIAL PROJECT
ANNEX SUBDIVISION
WHELEN / MP ANNEX, LLC
(RECON20-0078)
WHEREAS, an application has been received from Whelen Consulting (PO Box 5021,
San Luis Obispo, CA 93401) applicant, and owner, Annex MP, LLC (284 Higuera Street, San Luis
Obispo, CA 93401), to consider a reconsideration of a project consisting of a Master Plan of
Development, and Vesting Tentative Subdivision Map on a portion of two existing lots with the
subdivision area comprising 1.67 acres located at 1827 & 1843 El Camino Real, Atascadero, CA
93422 (APN 049-102-032, and 020); and
WHEREAS, the site's current General Plan Land Use Designation is Single Family
Residential (SFR -X); and
WHEREAS, the site's current Zoning District is Residential single Family (RSF-X) with
a Specific Plan Overlay Zone (SP -2); and
WHEREAS, The adopted Del Rio Road Commercial Area Specific Plan requires approval
of a Master Plan of Development in the form of a Conditional Use Permit (CUP) to promote
orderly and harmonious development and to enhance the opportunity to best utilize special site
characteristics; 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
NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of
Atascadero:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearin-. The City Council of the City of Atascadero, at a Public
Hearing held on November 12, 2019 resolved to approve the proposed zoning text amendments.
SECTION 3. Facts and Findings. The City Council makes the following findings,
determinations and approvals with respect to the Municipal Code Text Amendments:
A. Findings for Approval of a Conditional Use Permit
FINDING: The proposed project or use is consistent with the General Plan.
FACT: The proposed project is consistent with the intention of Residential Single -Family
Development, as envisioned by the Del Rio Road Commercial Area Specific Plan. The
proposed project meets the underlying zoning ordinance's prescribed minimum density
requirements for 4 units per acre.
FINDING: The proposed project or use satisfies all applicable provisions of the Title
(Zoning Ordinance) including provisions of the Del Rio Road Commercial Area Specific
Plan
FACT: The proposed project meets all the development standards outlined in the Del Rio
Road Commercial Area Specific Plan and all applicable provisions of the Atascadero
Municipal Code.
FINDING: 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 project will not be detrimental to the health, safety or welfare of the
general public or persons residing or working in the vicinity as the proposed project
includes residential uses that are consistent with the City's underlying zoning (RSF-X), as
well as consistent with the goals and policies of the City's General Plan and Housing
Element. Residential uses will not involve hazardous waste handling.
FINDING: The proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
FACT: The proposed project is consistent with the immediate neighborhood as it shares
similar roadway geometrics, and additionally is proposed with similar PD -17 overly zone
standards applied to the adjacent residential development.
FINDING: 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 project will generate 60 average new daily trips consistent with the
certified Del Rio Road Commercial Area Specific Plan FEIR and subsequent 2017 and
2020 addendums and will continue to operate at an acceptable level of service with the
proposed project, as well as what is considered build -out for the General Plan. The
proposed project will be required to pay its fair share of intersection improvements to the
Del Rio Road / El Camino Real intersection and the Del Rio Road / US Highway 101
interchange, consistent with the Del Rio Road Commercial Area Specific Plan and adopted
improvement projects, subject to the satisfaction of the City Engineer.
FINDING: The proposed project is in compliance with any pertinent City policy or criteria
adopted by ordinance or resolution of the City Council, including the City's Appearance
Review Manual and the Inclusionary Housing Policy.
FACT: The proposed project is conditioned to meet the City Council's adopted
Inclusionary Housing Policy and provide affordable housing units for individuals or
families with incomes ranging from very -low, low, and moderate income, The proposed
project has annexed into the City's Community Facilities District to make the proposed
project fiscally neutral. The proposed project meets the requirements of the governing
Specific Plan. Therefore, the project, as proposed, is in compliance with pertinent City
policies established by the City Council.
B. Findings for Approval of Vesting Tentative Tract Map (TR 3161)
FINDING: The proposed subdivision, design and improvements as conditioned, is
consistent with the General Plan and applicable zoning requirements, including provisions
of the Del Rio Road Commercial Area Specific Plan.
FACT: The proposed project is consistent with General Plan Land Use Circulation and
Housing Element Policies. The adopted governing Specific Plan allows for development
of the residential portion of this parcel at a maximum base density of 4du/acre. As
proposed, the project is consistent with the Del Ro Road Commercial Area Specific Plan
concept and standards.
FINDING: The proposed subdivision, as conditioned, is consistent with the proposed
Master Plan of Development.
FACT: The subdivision is consistent with the currently proposed Master Plan of
Development.
FINDING: The site is physically suitable for the type of development proposed.
FACT: The site is generally flat and improvements have been installed to serve each lot.
FINDING: The site is physically suitable for the density of development proposed.
FACT: The site is located at the terminus of South Mirasol Way and is adjacent to larger
lot single-family to the east and commercial property to the west. The project will extend
South Mirasol Way and provide for additional residences that maintain a similar lot
development pattern. The project also acts as a buffer between commercial and more rural
single-family residential uses.
FINDING: The design and improvement of the proposed subdivision will not cause
substantial environmental damage or substantially and unavoidably injure fish and wildlife
or their habitat.
FACT: environmental impacts have been fully addressed in the certified Final EIR and
subsequent addendums. No substantial damage will occur to the environment or known
habitat areas.
FINDING: The design of the subdivision or the type of improvements will not cause
serious health problems.
FACT: The design of the subdivision or the type of improvements will not cause serious
health problems. Road geometries have been reviewed by the City Engineer and comply
with current standards.
FINDING: The design of the subdivision will not conflict with easements acquired by the
public at large for access through, or the use of property within, the proposed subdivision;
or substantially equivalent alternative easements are provided.
FACT: The site is private property and no easements for public use exist at this time.
FINDING: Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be
required that incorporate the Master Plan of Development conditions of approval to ensure
that the site retains the proposed qualities (architecture, colors, materials, plan amenities,
fencing, and landscaping) over time.
FACT: A condition of approval has been included in the attached resolution, requiring
CC&R's be recorded concurrently with the final map.
FINDING: The proposed subdivision design and type of improvements proposed will not
be detrimental to the health, safety or welfare of the general public.
FACT: The proposed residential use will not be detrimental to the health, safety, or welfare
of the general public or persons residing in the neighborhood. A residential use is consistent
with the surrounding neighborhood to the east, and acts as a transition from adjacent
commercial uses on El Camino Real. The road has been designed to meet all City, State,
and Federal standards.
SECTION 4. CEQA. The project is consistent with the Final Environmental Impact
Report, SCH No. 20100051034, Del Rio Road Commercial Area Specific Plan, which was
certified on June 26, 2012 by the City Council of the City of Atascadero, in accordance with the
requirements of the California Environmental Quality Act (CEQA) and subsequent 2017 and 2020
addendums.
SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular
session assembled on October 20, 2020 resolved to approve a master plan of development and
vesting tentative tract map consistent with the following:
1. EXHIBIT A:
Conditions of approval / Mitigation Monitoring Program
2. EXHIBIT B:
Tentative Tract Map (TR 3161)
3. EXHIBIT C:
Master Plan of Development / Site Plan
4. EXHIBIT C:
Landscape Plan
5. EXHIBIT D:
Elevations / Floor Plan
6. EXHIBIT E:
Colors and Materials Board
7. EXHIBIT F:
Grading and Drainage Plan
8. EXHIBIT G:
Utility Plan
On motion by Commissioner Anderson and seconded by Commissioner Wolff the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Commissioners Anderson, Wolff, Keen, Shaw, van den Eikhof, Zirk and Dariz (7)
NOES: None (0)
ABSTAIN: None
ABSENT: None
ADOPTED: October 20, 2020
CITY OF ATASCADERO, CA
ark Dariz
Planning Commission Chairperson
Attest:
Phil Dunsmore
Planning Commission Secretary
(0)
Exhibit A!
Conditions of Approval .
City of Atascadero
RECON20-0078, PLN 2017-1647
ANNEX SUBDIVISION
1827 & 1843 EL CAMINO REAL
PARENT APN 049-102-032, 020 (PORTIONS)
The following conditions of approval apply to the project referenced above. The conditions
of approval are grouped under specific headings that relate to the timing of required
compliance. Additional language within a condition may further define the timing of the
required compliance.
A. The following conditions shall be satisfied PRIOR TO THE RECORDATION OF A
FINAL MAP, or at the time specified in the condition.
Vesting Tentative Subdivision Map for all lots proposed in Tract 3161 was deemed complete
on October 12, 2020, for the purposes of vested development rights and fees consistent
with the Subdivision Map Act of the State of California.
General Conditions.
The project shall be consistent with, and governed by, the Del Rio Road ❑ PLN
Commercial Area Specific Plan as amended in 2020 including the following:
• Annexation into the City's Community Facilities District prior to
recordation of the Final Map;
• Payment of Affordable Housing In -Lieu Fee at the time of building
permit issuance based on 5% of the valuation of each unit;
• Fair Share payment of US Highway 101 / Del Rio Road interchange
fees based on the 2020 Traffic analysis update for the Del Rio Rd
Specific Plan Amendment;
• Fair Share payment of intersection improvements to Del Rio Road /
EI Camino Real based on the 2020 Traffic analysis update for the Del
Rio Rd Specific Plan Amendment;
• All pertinent mitigation measures contained in the Mitigation
Monitoring Program for the Del Rio Road Commercial Area Specific
Plan.
The emergency services and facility maintenance costs listed below shall be ❑ PLN
100% funded by the project in perpetuity. The service and maintenance costs
shall be funded through a community facilities district established by the City at
the developer's cost. The funding mechanism must be in place prior to or
concurrently with acceptance of the final maps. The funding mechanism shall be
approved by the City Attorney, City Engineer and Administrative Services
Director prior to acceptance of any final map. The administration of the above
mentioned funds shall be by the City. Developer agrees to participate in the
community facilities district and to take all steps reasonably required by the City
with regard to the establishment of the district and assessment of the property.
• All Atascadero Police Department service costs to the project.
• All Atascadero Fire Department service costs to the project.
• Off-site common City of Atascadero park facilities maintenance
service costs related to the project.
3. Prior to recordation of the Tract Map, the Applicant shall establish a benefit ❑ PLN
maintenance assessment district, Property Owners' Association, or similar
funding mechanism approved by the City, to provide sufficient funds on an annual
basis to pay for the operation, maintenance and future replacement of privately
owned -in -common subdivision improvements. The engineer of record shall
prepare and submit an estimated operating budget and capital improvement
replacement analysis for review and approval by the City Engineer, prior to
recordation of the Parcel Map.
4. Prior to recording the Final Map, the Applicant shall have the map reviewed by ❑ PWD
the public utility providers for power, telephone, gas, cable TV, and the
Atascadero Mutual Water Company. The Applicant shall obtain a letter from each
utility company stating that the easements and rights-of-way shown on the map
for public utility purposes are acceptable.
5. Documents that the City of Atascadero requires to be recorded concurrently with ❑ PWD
the Final Map (e.g.: off-site rights-of-way dedications, easements not shown on
the map, agreements, etc.) shall be listed on the certificate sheet of the map.
6. The City of Atascadero may require an additional map sheet for information ❑ PWD
purposes in accordance with the Subdivision Map Act.
7. Public improvement plans (PIPs) shall be prepared by a licensed civil engineer. ❑ PWD
PIPs shall be prepared on 24"x36" plan sheets and in accordance with Section 2
of City Standard Specifications.
8. The Applicant is responsible for all right-of-way acquisitions and associated ❑ PWD
costs.
9. Roadway signing and striping shall be in accordance with the California Manual ❑ PWD
on Uniform Traffic Control Devices (CA-MUTCD) and shall be located to provide
adequate warning of the traffic calming improvements associated with speed
reduction.
10. All plans shall contain the City of Atascadero "Standard Notes for Improvement ❑ PWD
Plans" on file in the City Engineer's office.
A. Off -Site Road Improvements
11. The Subdivider shall overlay or reconstruct that portion of the existing South ❑ PWD
Mirasol Way affected by the extension of the sewer main, to the satisfaction of
the City Engineer
B. On -Site Roadways
12. The horizontal and vertical design of roads shall be in compliance with the City ❑ PWD
of Atascadero Engineering Standards and Standard Specifications, to the
satisfaction of the City Engineer. The City Engineer reserves the right to make
modifications to all submitted road designs, when in the opinion of the City
Engineer, the public's health and safety is benefitted.
13. The design of structural pavement sections shall be based on a Traffic Index ❑ PWD
(TI) = 5.5 and a 50 -year design life.
New roads with pavement placed prior to the construction of buildings will be
subjected to additional construction traffic and wear associated with the on-site
construction not included in the design life of the pavement section. Therefore
to off -set this, the AC thickness shall be increased from that which is derived from
Caltrans method by either:
• 1" if the pavement is placed prior to building construction (not
phased).
• 1.5" if the pavement construction is phased (i.e. — a portion of the
ultimate pavement thickness is deferred and a final pavement cap
placed prior to final inspection). Final pavement cap shall not be less
than 1.5".
14. Street centerline monuments shall be provided at intersections and at the ❑ PWD
beginning and end of curves along the street centerline.
15. Roadway signing, striping, and traffic signal modifications shall be in ❑ PWD
accordance with the California Manual on Uniform Traffic Control Devices (CA-
MUTCD) and shall be designed and constructed to the satisfaction of the City
Engineer.
16. Prior to recordation of the Final Map, the Applicant shall establish a benefit ❑ PWD
maintenance assessment district, or similar funding mechanism approved by
the City, to provide sufficient funds on an annual basis to pay for the operation,
maintenance and future replacement of the internal road system serving Tract
3104, including but not limited to:
• Pavement, pavement seals, aggregate base, road frontage
improvements
• Striping, signage, street furniture
• Drainage facilities, detention basins, retention basins, bio-swales, &
storm water treatment/control measures
• Maintenance of slopes containing the road prism
• Prior to recordation of the Final Map, the Applicant's engineer shall
prepare and submit an estimated operating budget and capital
replacement analysis for review and approval by the City Engineer.
17. Pavement and base sections shall be designed and constructed in accordance ❑ PWD
with the City ofAtascadero Engineering Standards and Standard Specifications.
When said standards and specifications are not clear, lack necessary details,
or are silent, the minimum standard shall be based upon the current edition of
the San Luis Obispo County Public Improvement Standards or Caltrans
Standard Drawings and Standard Specifications, as determined by the City
Engineer.
C. Grading
18. Where cut/fill slopes are visible from a roadway, slopes shall be contour graded ❑ PWD
to eliminate angular daylight/catch points and shall blend into the adjacent
topography to the extent feasible, to the satisfaction of the City Engineer.
19. All finish graded areas shall be landscaped or revegetated using a native seed ❑ PWD
mixture and shall demonstrate at least 70% ground coverage before final
inspection.
D. Stormwater
20. A Storm Water Pollution Prevention Plan (SWPPP) is required prior to any ❑ PWD
ground disturbing activities. The WDID number provided upon acceptance of
the SWPPP into the State's SMARTS system registration shall be noted on the
Title Sheet of the Public Improvement Plans.
21. Common drainage basins (serving multiple lots) shall be designed to desilt, ❑ PWD
detain and meter storm flows in accordance with City regulations.
22. Storm Sewer shall be of either cast -in-place or precast reinforced concrete pipe, ❑ PWD
polyvinyl chloride pipe, high density polyethylene pipe or an approved equal.
• Minimum pipe diameter allowable on any storm drain within a
roadway or road right-of-way shall be 18" diameter. A lesser size may
be used for down drains on fill slopes if approved by the City
Engineer.
• Minimum design velocity in closed conduits shall be 2 f.p.s. when
conduit is flowing to capacity and should not exceed 15 f.p.s.
• Closed conduits shall be designed to convey the 10 -year storm flow
with gravity flow, the 25 -year storm flow with head, and provide a safe
overland route for the conveyance for the 100 -year storm overflow.
• Storm Sewer Manholes shall be located at junction points, changes
in gradient, and changes in conduit size to the satisfaction of the City
Engineer. On curved pipes with radii of 200' to 400', manholes shall
be placed at the BC or EC of the curve and on 300' maximum intervals
along the curve. On curves with radii exceeding 400', manholes shall
be placed at the BC or EC of the curve and on 400' maximum intervals
along the curve for pipes 24" and less in diameter and 500' maximum
intervals along the curve for pipes greater than 24" in diameter.
Curves with radii less than 200' will be handled on an individual basis
and approved be the City Engineer.
• Spacing of manholes or inlets, of such size as to be enterable for
maintenance, shall not exceed 500' for drains 24" and smaller
diameter and 600' for pipes greater than 24" in diameter, except
under special conditions as approved by the City Engineer. The
spacing of manholes shall be nearly equal wherever possible.
• Manholes or junction boxes, entry to which does not fall in the gutter
line, must have standard 24" diameter manhole covers. Those falling
in the gutter line may use the standard grated manhole cover and
serve also as an inlet manhole.
• Storm Drain Inlets shall be spaced so that gutter flow does not exceed
a depth of 6" at the face of the curb for a 10 -year storm and so that a
25 -year storm flow will not cause damage and can be contained
within the right-of-way.
23. Prior to approval of subdivision improvement plans, the project engineer shall ❑ PWD
provide calculations and a report confirming compliance with City regulations
and the low -impact development requirements contained in the previously
approved EIR and Master Plan of Development for the Walmart/Annex
development.
24. When a Storm Water Operation - Maintenance Plan (OMP) is required for an ❑ PWD
individual lot or group of lots, the City Engineer can require the OMP to be
recorded as an agreement against each property. When recordation of an OMP
agreement is required, the agreement shall contain provisions allowing the City
to enter the property, following reasonable notice to the property owner or
tenant, to conduct an inspection of the storm water system and post -
construction storm water management controls.
25. When an OMP is required, the OMP shall include a section addressing annual ❑ PWD
inspection and reporting to the City by a third party, to the satisfaction of the City
Engineer.
26. Where storm water is concentrated as a result of new improvements, the ❑ PWD
drainage shall be conveyed in a non-erosive, controlled condition to an
adequate point of discharge, to the satisfaction of the City Engineer. Where
concentrated drainage from new improvements cannot be avoided and crosses
more than one property, appropriate easements may be required.
27. All stormwater management improvements to be owned or managed by the ❑ PWD
HOA shall be identified in an Operation and Maintenance Plan/Agreement
(OMP) and shall be recorded concurrently with the Final Map. The OMP shall
include a financial plan addressing annual and long-term maintenance as well
as replacement. Specific requirements for stormwater management may be
required to be identified on an additional Final Map information sheet.
E. Flood Control Basins
28. Flood control basins are utilized in the City of Atascadero, as determined ❑ PWD
appropriate depending upon site conditions: Retention basins, Detention
basins, and Subsurface Infiltration Basins. In all cases, the Project Engineer
shall provide evidence that the basin will completely drain within seven (7) days
to the satisfaction of the City Engineer.
Retention Basin. Any drainage basin which is used as a terminal disposal facility
shall be classified as a retention basin.
a. Basin Capacity. The basin capacity is to be based on the
theoretical runoff from a 50 -year storm, 10 -hour intensity for 10 -
hour duration. No reduction in required capacity shall be given
for soil percolation rates.
b. Percolation Test Required. A minimum of 3 percolation tests
per basin shall be submitted to the City Engineer for review and
approval prior to approval of the plans. The project engineer
shall submit calculations and a report demonstrating the basin
will drain within seven -days of a single storm event as noted
above. Deep soil borings may be required in areas where there
is concern of shallow depth to groundwater or bedrock.
Percolation tests shall be performed at depths below the basin
bottom.
Detention Basin. Any drainage basin which has a downstream outlet designed
to meter the outflow shall be classified as a detention basin. Basin capacity shall
be based on receiving the runoff from a 50 -year storm with the watershed in its
fully -developed condition, and releasing the flow equivalent to the runoff from a
2 -year storm with the project site in its pre- development condition. The outlet
shall release water in a non-erosive manner.
Subsurface Infiltration Basins. Subsurface basins may be used for either
retention or detention of site runoff, where their application is suitable for project
conditions. Subsurface basins shall be limited to locations where the depth to
seasonally high groundwater is greater than 10 -feet below the deepest portion of
the basin.
Drain Rock. Drain rock shall be clean, crushed granite (or clean, angular rock
of similar approved hardness) with rock size ranging from 1 -1/2 -inch to 3/4 -
inch. Rock gradation shall conform to the Specification of ASTM C-33 #4.
Operational Requirements.
i. Water quality of inflow (both sediment and chemical loading) may
require pretreatment or separation
ii. Maintenance plan, including provisions for vehicular access and
confined -space entry safety requirements, where applicable
iii. A safe overflow path shall be identified on the plan and may require
easements
Easement Requirements. All drainage basins accepting runoff from roads,
streets or other common ownership areas shall be located in an easement
offered for dedication to the public. Reversionary clauses shall not be permitted.
If a fence is required it shall be located not more than 4 -inches inside the
drainage easement line, except where setbacks are required as part of the land
use permit or by the Land Use Ordinance.
Overflow Path Required. The design of all drainage basins shall identify the
designated route for overflow. The Project Engineer shall design the overflow
path so that the flow in a 100- year storm is non-erosive and will not damage
downstream improvements, including other basins. Easements may be required
for concentrated flows across multiple properties.
F. Water Distribution System
29. The Applicant shall extend the water distribution system to the satisfaction of ❑ PWD
the Atascadero Mutual Water Company (AMWC) and City Engineer.
30. The water system shall include easements outside of the road rights-of-way for ❑ PWD
water system facilities as required by the AMWC and to the satisfaction of the
City Engineer
31. Each lot shall be served with a separate water lateral and meter in accordance ❑ PWD
with the AMWC requirements.
32. Where the water distribution system requires an above ground reduced ❑ PWD
pressure unit, pressure booster station or other significant above ground facility,
said facility shall be located in an easement contiguous to the road right-of-way
and shall include visual screening, to the satisfaction of the AMWC, Community
Development Director, and City Engineer.
33. Fire hydrant locations shall be to the satisfaction of the City Fire Marshall. ❑ PWD
34. Properties and/or areas that are managed or owned by the HOA shall be ❑ PWD
metered separately to the satisfaction of the AMWC.
G. Wastewater Collection System
35. The gravity sewer system serving Tract 3104 and extending off-site shall be ❑ PWD
offered to the public including easements necessary for the operation,
maintenance and replacement of the system. The wastewater collection system
shall be designed and constructed in accordance with City standards and
specifications, to the satisfaction of the City Engineer.
36. Prior to recordation of the Final Map, the Applicant shall establish a benefit ❑ PWD
maintenance assessment district, or similar funding mechanism approved by
the City, to provide sufficient funds on an annual basis to pay for the operation,
maintenance and future replacement of the wastewater collection system
serving Tract 3104 (both on-site and the off-site extension). The engineer of
record shall prepare and submit an estimated operating budget and capitol
replacement analysis for review and approval by the City Engineer, prior to
recordation of the Final Map.
37. Gravity sanitary sewer (SS) mains shall terminate in manholes. ❑ PWD
38. Gravity SS mains shall be a minimum of eight (8) inches in diameter. ❑ PWD
39. Each lot served by the wastewater collection system shall pay all sewer fees ❑ PWD
prior to the issuance of a building permit.
40. The on-site sewer laterals shall be privately owned and maintained by individual ❑ PWD
lot owners.
H. Easements
41. A 6 -feet wide Public Utility Easement (PUE) shall be dedicated contiguous to ❑ PWD
the road rights-of-way.
42. Road slope easements shall be dedicated where the road prism cut/fill slopes ❑ PWD
extend beyond the right-of-way. The easement shall extend not less than five
feet (horizontally) beyond any daylight or catch line of the graded slope or other
required road facility (such as a brow ditch, retaining wall, drainage swale, etc.),
to the satisfaction of the City Engineer.
43. Driveways serving more than one lot may require an easement for ❑ PWD
ingress/egress, public & private utilities, and drainage, to the satisfaction of the
City Engineer.
44. Drainage easements: ❑ PWD
• Easements shall be dedicated over areas containing drainage
improvements that benefit or serve more than one property. The
determination as to whether the easement is private or offered to the
public will be determined by the City Engineer prior to approval of the
subdivision improvement plan and Final Map.
• Concentrated cross -lot drainage shall be avoided where possible;
when required, concentrated drainage shall be conveyed via
appropriate easements, to the satisfaction of the City Engineer.
• Development on any lot that blocks or changes a natural drainage
course may be required to provide an easement for the benefit of
upstream tributary properties to an adequate point of discharge, to
the satisfaction of the City Engineer.
45. Wherever an easement is created for commonly owned or operated ❑ PWD
improvements for the benefit of more than one lot, there shall also be created a
maintenance and operations agreement, to the satisfaction of the City Engineer
and City Attorney.
46. Easements that are not intended to continue in perpetuity shall not be shown
on the Final Map and shall be recorded by separate instrument.
Utilities
47. New utility distribution systems and services shall be constructed underground, ❑ PWD
to the satisfaction of the City Engineer.
48. Each lot shall be served with separate services for water, sewer, gas, power, ❑ PWD
telephone and cable TV. Utility laterals shall be located and constructed to each
lot in accordance with City Standards and Standard Specifications
B. The following conditions shall be satisfied prior to the issuance of the first of any
DEMOLITION PERMIT, BUILDING PERMITS, SUBDIVISION IMPROVEMENTS, or at the
time specified in the condition.
1. A landscape and irrigation plan shall be approved prior to the issuance of building ❑ PLN
permits and included as part of site improvement plan consistent with EXHIBIT C and
must include the following:
• All exterior meters, air conditioning units and mechanical equipment shall be
screened with landscape material and/or architecturally compatible features.
2. All project fencing shall be installed consistent with EXHIBIT C and details must be ❑ PLN
submitted and approved as a part of landscaping plan.
3. Fire hydrant locations shall be located within the development to the satisfaction of the ❑ FD
City Fire Marshall, if required.
4. Properties and/or areas that are managed or owned by the HOA shall be metered ❑ PWD
separately.
C. The following conditions shall IMPLEMENTED DURING THE CONSTRUCTION PHASE
OF THE PROJECT.
5. All site work, grading, and site improvements shall be in substantial conformance with ❑ PLN
the Master Plan of Development as shown in any of the enclosed exhibits.
D. The following conditions shall be met prior to the RELEASE OF UTILITIES, FINAL
INSPECTION, OR ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever occurs
first.
6. All landscaping is to be installed at each individual lot prior to final inspection. ❑ PLN
E. The following conditions shall be complied with AT ALL TIMES that the use permitted
by this planning application occupies the premise, and shall be applied to the project
in perpetuity until such time that the use is extinguished.
7. The entitlement described at the location per this resolution is determined to be vested ❑ PLN
with the property upon issuance of a building permit.
8. Approval of this entitlement shall be final and effective consistent with Atascadero ❑ PLN
Municipal Code (AMC) section 9-1.111 seq. et. al.
9. Project construction must be in accordance with provided Exhibit(s), adopted with this ❑ PLN
Resolution. Changes to architecture, landscaping design, and non -substantive
subdivision design may be approved by the Design Review Committee (DRC).
10. In accordance with the Atascadero Municipal Code section 9-8.105, any violation of ❑ PLN
any of the conditions of approval is unlawful and may be cause for revocation of this
entitlement and subject the applicant and/or future property owners to the penalties
set forth in the Atascadero Municipal Code, as well as any other available legal
remedies.
11. The applicant shall agree to indemnify and defend at his/her sole expense any action ❑ CM
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.
12. Should the described use be abandoned or extinguished, the property may be used ❑ PLN
and / or developed with any use allowed by the underlying zoning district.
**END CONDITIONS**
EXHIBIT B -VESTING TENTATIVE Subdivision MAP
EXHIBIT C: MASTER PLAN OF DEVELOPMENT / SITE PLAN
EXHIBIT D: LANDSCAPE PLAN
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EXHIBIT D— LANDSCAPE PLAN WALLS ZFENCES
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EXHIBIT E: ELEVATIONS / FLOOR PLAN
UPPER FLOOR PLAN
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LOWER FLOOR PLAN
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UPPER FLOOR PLAN
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ELIOPER F --COR PLAN
LOWER FLOOR PLAN
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EXHIBIT F: COLOR AND MATERIALS BOARD
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color and matmiats
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color and materials
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EXHIBIT G: UTILITY PLAN
See Project File for actual plan
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EXHIBIT H - GRADING AND DRAINAGE
See Project File for actual plan
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