The URL can be used to link to this page

Home My WebLink AboutPC Resolution 2003-0030ORIGINAL f "P MAR - 4 2003 FINAL CITY OF ATASC� RESOLUTION NO. PC 2003-0030 PLANNING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2002-0085 A REQUEST BY KELLY GEARHART TO CONSTRUCT A 4 -UNIT MULTI- FAMILY RESIDENTIAL BUILDING IN THE COMMERCIAL RETAIL ZONE DISTRICT/GENERAL COMMERCIAL LAND USE DESIGNATION. (7250 Santa Ysabel Avenue, Atascadero, 93422, APN 030-081-005, Kelly Gearhart) WHEREAS, an application has been received Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 (Property Owner and Applicant), to consider Conditional Use Permit 2002-0085, allowing the construction of a 4 -unit multi -family residential building 7250 Santa Ysabel Avenue, Atascadero, 93422, APN 030-081-005; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003- 0007 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing following the close of the review period for the Initial Study and Draft Mitigated Negative Declaration to consider its adequacy; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Certification of Miti ated Ne ative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2003-0007 based on the following findings: 1. The Mitigated Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment, when mitigation measures are implemented; and, 3. The project will not achieve short-term to the disadvantage of long-term environmental goals, when mitigation measures are implemented; and, 4. The project does not have impacts which are individually limited, but cumulatively considerable, when mitigation measures are implemented; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly, when mitigation measures are implemented. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project is consistent with the General Plan; and, 2. The proposed project satisfies all applicable provisions of the Zoning Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. The proposed 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 the full development in accordance with the Land Use Element. SECTION 3. Findings for Approval of Native Tree Removal 1. The 52 -inch live oak is dead, diseased or dying as certified by a tree condition report from an Arborist. BE IT FURTHER RESOLVED, that the Planning Commission does hereby approve Conditional Use Permit 2002-0085 allowing the construction of a 4 -unit multi- family residential building, 7250 Santa Ysabel Avenue, Atascadero, 93422, APN 030- 081-005, consistent with the following Exhibits: EXHIBIT A: Mitigated Negative Declaration EXHIBIT B: Tree Reports: Report 1 & 2, Removal Permit Application EXHIBIT C: Site Plan EXHIBIT D: Elevations EXHIBIT E: Color & Materials EXHIBIT F: Conditions of Approval Tree Hazard Report, Tree On motion by Commissioner Kelly, and seconded by Commissioner Porter the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Chairperson Fonzi, Commissioner's Beraud, Jones, Kelly, O'Keefe, O'Malley, and Porter (7) NOES: None (0) ABSENT: None (0) ABSTAIN: None (0) ADOPTED: March 4, 2003 CIT�QF TASCADER , CA J _ Roberta Fonzi, Planning C ission Chairperson Attes Warren Frace Planning Commission Secretary EXHIBIT A: Draft Mitigated Negative Declaration Draft Resolution PC 2003-0030 CITY OF ATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION #2003-0007 6500 Palma Avenue Atascadero, CA 93422 805/461-5035 Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Project Title: Conditional Use Permit 2002-0085: 4 -unit multi -family residential building as part of a mixed use project. Project Location: 7250 Santa Ysabel Avenue; APN 030-081-005 Project A proposal for to establish a 4 -unit multi -family residential building located in a Description: contiguous mixed-use commercial zone. One new multi -family building is proposed, one native tree is proposed to be removed. The property is located in the City Of Atascadero, on the east side of Santa Ysabel Avenue approximately 500 yards south of Highway 41. The project will gain access from Santa Ysabel. General Plan Designation: General Commercial Zoning District: Commercial Retail Project description AMENDED - Draft Mitigated Negative Declaration 2/18/03 Findings: 1. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals, when mitigation measures are incorporated into the project. 3. The project does not have impacts, which are individually limited, but cumulatively considerable, when mitigation measures are incorporated into the project. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly, when mitigation measures are incorporated into the project. Determination: Based on the above findings, and the information contained in the initial study 2002-0043 (made a part hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project (see attachment). Prepared By: Date Posted: Public Review Ends: Attachments: Glenn Rider, Associate Planner February 13, 2003 March 4, 2003 Location Map Site Plan Primary Building Elevations Mitigation Monitoring Program EXHIBIT B: Arborist Report 7 CUP 2002-0085 7250 Santa Ysabel Avenue 802 PASO ROBLES STREET PASO ROBLES, CALIFORNIA 93446 805/239-1239 FAX 805/239-3742 ARBOR TREE SURGERY Date: 2/08/03 To: Kelly Gearhart From: Chip Tamagni & Steven Alvarez, Arbor Tree Surgery Re: Lot 10, Tract 2446, Atascadero, CA This report is in regards to a 52" White oak, (quercus lobata) Located at the above-mentioned lot off of Santa Ysabel Street, Atascadero. The proposed building would be located approximately ten feet to the South -East of the main trunk of the tree. The area within the drip -line would potentially be a high pedestrian traffic area. The tree is mature and is currently in decline. Severe heart rot is evident in the main trunk. Past pruning cuts are not healing properly. Bee hives and woodpecker nests are present in the scaffold branches indicating structural defects. Any preventative pruning would most likely not eliminate the failure hazards presented by the tree. In order to develop this lot, removal is suggested. Attempts to mitigate potential hazards would not be sufficient to protect life or property. Sincerely, Chip Tamagni, Certified Arborist #WE 6436A Steven Alvarez, Certified Arborist #0511 EXHIBIT B: Arborist Report 2 CUP 2002-0085 7250 Santa Ysabel Avenue 40 EVALUATION OF 1` ,ARD TREES (bA Photographic Guide to the.Evaluation of Hazard Trees in Urban Areas e TREE HAZARD EVALUATION FORM Ud EdiliGD Site/AddressLf /Qr 7rrr�}" > d.146 Sdan}e 9iaC��i�Se HAZARD RATING: MaplLocation: faiklrg S . Target- Hid Omer: public /�_^ pate_ unknown. other Potential of part. Rating Rating Date: �/=lLO -i— Inspector: _ immediate action needed Needs further inspection Oate of last inspection: _ _ _ Dead tree .TREE CHARACTERISTICS Tree 1: �_ Species 4_' 0811: S&-!- a of kooks�� Height _J69 / Spread: �D . Forth: O generally symmetric ❑ minor asymmetry ;Cmajor asymmetry O stump sprout O stag -headed Crown class: O dominant. .Cico-dominant Ointermedate Qsuppressed Live drown ratio: _40L_% Ageclaad: ❑young Osemi-mature Omature Wover-malurafsenescenl Pruning history: ❑crown cleaned ig excessively thinned C3 topped Ci crown raised ❑ pollarded. Acrown reduced 9flush cuts OcebleNbraced O none O muhiple pruning events ADprox. dates: Special Valuer Ospa dmen Oheritage/histork Owildille Ounusual. Osireethee ❑screen Oshada Xindigenous Oproteoted_bygov.agencY TREE HEALTH Feliageeolor- Onomnal Rchlorotic Orwatic Eplcemlfos?QN Growth obstructions: Foliagederalty: Onormal Asperse Lealsltl: Onormal *small Ostakes Owire/des ❑signs Oables Annual shoot growth: Oexceaem $average 19poor Twig Dieback? -Y N 0cum/pavemenl guards - r Woundwooddavelopment ❑excellent ❑average ®poor Onone Oother4R'i :L_ u"Tnl[f9 G r /2 Vigorclass ❑excellent. ❑average Wfair Motor Maier lieslg(dtseases: S Ge -L - l f3c,. s /C a &t - lY SITE CONDITIONS sitecharester. Aresidence Ocommercal ❑industrial Opark Oopenspace-Onalural. OwoodlandVorest Landsapa ype: O parkway O raised bed O container O mound []lawn _ O shrub border O wind break Irrige0on: Ginone _ , C adequate ❑ inadequate ❑ excessive 'J trunk wel led Recent site disturbance? C N rLconslruction O sal disturbance O grade change O line nearing O site during %drlpline paved: 10.25% 25.50% 50-75% 75.100% Pavement lifted? Y N - %driplinewyfill sal:/�� 10-25% 25.50% 50-75% 75.100% %dripline grade lowered: 11Dr 10.25% 25-50% '50-75% 75-100% Soil problems Odrainage ❑shallow 13 compacted C3 droughty 13 5811T 13 alkaline ❑acidic 13 small volume ❑disease center ❑history of fail Ocay ❑expansive Oslope_° .aspect: Obslreetions: ❑rights. ❑signage Olnerol-sight Oview Ooveriveadgnes Oundergroundutilities Otratic Oadjacentveg. O Exposurefo wind: y Single free O below canopy O above anopY O recently exposed O windward, canopy edge -O area prone to windthrow Prevailing wind direction: • _ Occurrence at snowfics storms never Xsefdom 'O regularly TARGET use Under Trea: Idbuifding O parking O traffic O pedestrian O recreation O landscape O hardsape O smallfeatures O utilitylines Can target be moved? Y Can use be restricted? Y N. Oeoupaney: O occasional use O intermittentuse gUrequent use (9onstant use The International Society of Arboriculture assumes no responsibility lot conclusions or recommendations derived from use of this form. Specimen: TREE HAZARD EVALUATION FORM, Page I EXHIBIT B: Arborist Report 2 CUP 2002-0085 7250 Santa Ysabel Avenue 40 EVALUATION OF I+,_,ARD TREES A Photographic Guide to the.EValuation of Hazard Trees in Urban Areas e TREE HAZARD EVALUATION FORM 2nd Edition Site/Address: Loy" /Or TYse�' -ACO A, SQ,2A /594�7G�/11Eoe HAZALk RATING; Lk �1r^1 Majel-ocation; Failure + Size + Tl* : Hazard Owner _publi_c/— private_ � unknown other Potential of part._ Rating , Rating Date: 2!,1!11.:3 Inspector. 57 G rte'- _ Immediate action needed Date of last inspection: - - Needs further inspection Dead tree TREE CHARACTERISTICS. Tree r. I_ Spnctest JI - ^-� - ORH: ja ~ eof marks: .NeighR �%D/ Spread: y0. Form: O generally syrmmeirie ❑minor asymmetry ;&napr asymmetry ❑stumpsprout Ostag-headed Crown clan: ❑ dominant . law -dominant ❑intermediate [3 suppressed Live crown ratio:_ 10_ %-Ageclan: Oyoung ❑semi -mature ❑mature Wover-maturelsenescent Pruning history: O crown cleaned lie rcessiveoltinned ❑topped ❑ crown raised O pollarded Aerown reduced W flush cuts Ocabled/braced O none ❑ multiple pruning events Approx. dates: Special Value: ❑specimen ❑herhagemistoric Owild!ife Ounusual. ❑streettra ❑screen ❑shade Xindigenoua O protected by gov. agency TREE HEALTH Follagecolor. Onormal A'chlorotie ❑necrotic Eoicorinin?QN Growth obstructions: Foliage density: O norma! Asperse Leal she: O normal y#smal! ❑ stakes O vdreAes O signs El -cables Annual shoot growth: ❑excellent 19average l9poor Twig Oietiack7 Y N 0curdpavement guards Woundwood development ❑excellent Overage ®poor Onone ❑othergrprgtu'Te: 19 Gy ✓2 Vigorclarm Oexcallent. ❑average/ ®lair ®poor Major yesW eliceases: S cal r (jam... -5 /(AA::t rid/ L e SITE CONDITIONS Site Character- Aresiderre ❑commeruial ❑indusmal ❑Dark Oopenspaee-Onatural ❑woodlandVorest Landscape type: ❑.parkway ❑ raised bed O container ❑ mound O lawn O shrub border O wind break Irrigation: CI(none ❑adequate ❑inadequate [I excessive ❑trunk wattled Recent site disturbance? t9N Caconstruction O soil disturbance O grade change O line clearing O site clearing Y. drlpifne paved: 10.25% 25-50% 50-75% 75.100% PavementlHled? Y N % driplino cal fill sol!: 10-25% 25.50% 50-75% 75-100% • driplea grade lowered: (Dy/ 10.25% 25-50% 5Og5% 75.100% Soli problems: ❑drainage ❑shallow Ocompacled ❑droughty Osaliree'❑alka!ine Oacieie ❑smadvolume ❑diseasecenter Ohisloryoftail O clay ❑expansive ❑ slope _° -aspect: Otistmcrims: Olights ❑signage Cline -of -sigh! ❑view ❑overhead Gres ❑undergroundutilities Otraffk ❑adjacent veg. ❑ Exposure to wlat singletree O below canopy O above canopy O recently exposed O windward, canopy edge O area prone to wIndthrow Prevailing wind direction: _ Occurrence of snowrice storms J�never )Slseldom Oregularly TARGET Use Under Tree: gbuilding Oparking Otraffic ❑pedestrian ❑recreation ❑landscape Ohardsrape Osmahleatbre. Outittykines. Can target be moved? Y 9 Can use be restricted? Y N. Occupancy: ❑occasionaluse ❑ intermittent use VLfrequent use #-nsUnl use The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this toren. Specimen: TREE HAZARD EVALUATION FORM, Page 1 EXHIBIT B: Arborist Report 2 CUP 2002-0085 7250 Santa Ysabel Avenue EVALUAT4.,lTREES FOR HAZARD 41 TREE DEFECTS ROOr DEFECTS: �/'j Suspect root ml: Y 0 Mushroom/conotacket present Y (N/ to: Exposed mots: C severe C moderate ❑ low Undermined: I.; seme ❑ moderate ❑ low Root pmaed: distance from trunk Root area affected: o Buttress wounded: Y N When: Restricted root area: O severe C moderate C low Potential for root failure:. 1.7 severe ❑ moderate 0low' LEAN.- 1L_ deg. from vertical gnatural C unnatural O self-Corrscled Solt heaving: Y N - Oecay in plane of Ilan: Y s9 Roofs brekere Y,!%> Sofl cracking: —Y NJ Compounding tactors: '`*"- CitesZ !• Lean severity: O severe Ili moderate (4 low CROWN DEFECTS: Indicate presence of individual defects and rate their severity (s = severe, m = moderate, I = low) DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES Pow taper _ Tree part most likely to fail: .ter Bow, sweep— — Codominants/lorks _ Sim of part. 1 - c6" (15 cri 2.6.18" (15.45 cm); Mul la attachments Failure Potential w Sim�of Part ♦ Target Rating • Hazard Rating Included bark Excessive end weight 3 • frequent use: 4 - constant use Cracks) its HAZARD ABATEMENT Hangers _ Girdling Wounds/seam — — Oeca Remowtree: 17 N ReplaaT Y N Moveti l: Y N cavity Conks/mushrooms/bracket — 1 Bleer in sqji Now — — Loose/cracked bark Nes i hole/b" hive .... Deadwodd/dlutes - — Borersltermiteshms Canke Isrbuds Prevws hown HAZARD RATING _ Tree part most likely to fail: .ter Failure potential: 1 - low. 2:- medium; 3 - high; 4 - severe Inspection period: annual biannual other Sim of part. 1 - c6" (15 cri 2.6.18" (15.45 cm); Failure Potential w Sim�of Part ♦ Target Rating • Hazard Rating 3 -1occa8-3V oral u em); 4 - mitt nt use: Target rating: 1 •occasional use: 2 intermittent use; s� L: r ' 6 - '� . ' _� 3 • frequent use: 4 - constant use HAZARD ABATEMENT Prime: O remove detective part O reduce end weight O crown clean O thin O raise canopy O crown reduce ❑ restructure C shape CablefBracei. Inspect further. ❑root sown O,deay Cliental Omonitor Remowtree: 17 N ReplaaT Y N Moveti l: Y N Giber. Effect on adjacent trees';nono Devaluate Modification: I;pwner ❑manager gyovemingagency Oats: ^ X/ 101.0a COMMENTS Specimen: TREE HAZARD EVALUATION FORM, Page 2 EXHIBIT B: Arborist Report 2 CUP 2002-0085 7250 Santa Ysabel Avenue f ��} R cwt 4 s Y.i IIN t.'• yt iiv' � . IA EXHIBIT B: Arborist Report 2 CUP 2002-0085 7250 Santa Ysabel Avenue CY Sdk�'A� Z -G -e •e sLcls.d $ WtuB�. G'.,L�RCVtlM�Y✓I.� l5� 1.-e0.-0, EXHIBIT B: Arborist Report 2 CUP 2002-0085 7250 Santa Ysabel Avenue EXHIBIT B: Arborist Report 2 CUP 2002-0085 7250 Santa Ysabel Avenue S.i EXHIBIT B: Tree Removal Permit Application CUP 2002-0085 7250 Santa Ysabel Avenue REtFEIVED # �11U 5 - 0030 FEB 1 2 200 (/'� /J� p. COMMUNITY OEVELOPMEN. `) -P " 60� _ CITY OF ATASCADERO TREE REMOVAL PERNHT SECTION 11.05 H.5 Applicant G�� e `v •.\. Name` . Mailing Address Ciry, State, zipJ Phone Reason for Removal: SPueJr� hg 24�d -- k Site Address 7a�Q �Qt, f4 5's a o_ Gam /o Tri; c f Z yti 6 T icf .11 tr fn hn - -vi-SPECIES . SIZE (dbh) NUMBER TO.SE REMOVED CONDITION..OF TREE 2. 3. 4. 5. 6. Property owner certifies that they have read and understood Atascadero Municipal Code Section 9-11.105. Tree removal Is not to facilitate future development A plot plan shall be=included showing all proposed improvements on the property, trees to be removed, and trees to remain: The treesihall correspond with the numbers above. Signature of Property Owner Date Signature of Ce ed Arborist Date Signature, City of Ataseadero -Date Certification #: Community Development Department 6500 Palma Ave., Atascadem, CA 93422 (805)'461-5035 fax: 461-5036. EXHIBIT C: Site Plan Draft Resolution PC 2003-0030 CUP 2002-0085 EXHIBIT D: Elevations Draft Resolution PC 2003-0030 CUP 2002-0085 e_ 1 y •I9SI �I*.f m h "" "w ■. �wF�n`� 14� C� �r=�� Ni"•� � � mos �5s laaaa ' ° �� c iir Ni Otlr • �� Mri SL " '�rCn fik I � r�'.�```I„ �'JG SSC n; �°�, ■G'� ��eal ""' I �aGr' �n��rin,� I((�III n, r+ o I lGlYlp 1d" >uIIIN � .ry1 � =e ■aa � _alae !�.:r '�3 { e EXHIBIT E: Color & Materials Draft Resolution PC 2003-0030 CUP 2002-0085 .COLOR AND MATERIAL BOARD FOR KELLY GEARHART DEVELOPMENT .7250 SANTA YSABEL AVENUE ATASCADERO, CA. CLAY TILE ROOF SHUTTERS, RAIN GUTTERS, FRONT DOOR MAIN BODY PLASTER COLOR VINYL WINDOW TYPE / COLOR STUCCO WAINSCOTE, FOAM TRIM AT WINDOWS, MID HEIGHT AND TOP FOAM BAND COLOR EXHIBIT F: Conditions of Approval Draft Resolution PC 2003-0030 CUP 2002-0085 Conditions of Approval Timing Responsibility Mitigation CUP 2002-0085 /Monitoring Measure PS: Planning Services 7250 Santa Ysabel Avenue BL Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA City Attorney Standard Conditions 1.The approval of this use permit shall become final and BP PS effective for the purposes of issuing building permits, provided the required conditions of approval have been satisfied, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 2. Approval of this Conditional Use Permit shall be valid BP PS for twelve (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received a building permit or applied for an extension of entitlement. 3. The granting of this Conditional Use Permit shall apply Ongoing PS to APN 030-081-005, regardless of owner. 4. The Community Development Department shall have BP PS the authority to approve minor changes to the project that (1) increase the square footage of the project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit. Planning -Project Conditions 5. All exterior lighting shall consist of decorative full cut off BP1F0 PS lighting fixtures with flat or recessed lens. Parking lot lights will be shielded to prevent off site glare. 6. Two bicycle storage racks shall be provided for the BP/FO PS project. The bike racks shall be located in a convenient and secure location. 7. A reciprocal access, utility, and parking easement shall BP PS be recorded for the site. 8. All roof mounted equipment shall be screened from Ongoing PS public view 9. All electrical meters and utility equipment shall be BP1FO PS painted to match the building and screened with landscaping. Conditions of Approval Timing Responsibility Mitigation CUP 2002-0085 /Monitoring Measure PS: Planning Sernces 7250 Santa Ysabel Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA City Attorney 10. A 10 -foot no build & access easement shall be required BP/FM PS/CE along the east -adjoining parcel. City Engineer Standard Conditions 11. The project shall be constructed in accordance with the approved plans, notes, and specifications. 12. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress may be affected by these improvements. 13. The applicant shall be responsible for the relocation and/or alteration of any existing utilities affected by the construction of this project. 14. The applicant shall install all new utilities to the project (water, gas, electric, cable TV and telephone) underground. 15. The applicant shall monument all property comers for construction control and shall promptly replace them if disturbed. 16. The applicant shall install and maintain all erosion control measures necessary to prevent migration of silts, dust, and nuisance water from leaving the project site. 17. Applicant to call out/show relocated "No parking -Fire Lane" sign on Building Permit application drawings. 18. Applicant to call out all existing access and drainage easements on property on Building Permit application drawings. 19. Applicant to include curb and sidewalk details on Building Permit application drawings. AMWC BP AMWC 20. Applicant shall pay any upgrade fees due to the change in use of this water service from single family to 4 -unit multi -family. 21. AMWC review and approval if any Fire Department BP AMWC conditions necessitate additional fire suppression systems beyond what is currently existing