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HomeMy WebLinkAboutPC_1999-01-19_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA NOTE: Study Session to be held at 6:00 p.m. Regular meeting will begin at 7:00 p.m. Regular Meeting & Study Session January 19, 1999 — 6:00 p.m. City of Atascadero 6500 Palma Avenue - 4`h floor - Atascadero, California STUDY SESSION 6:00 p.m. A study session will be held beginning at 6:00 p.m. Students from Cal Poly will make a presentation to the Commission regarding their study and review of the General Plan. The Study Session will end at 7:00 p.m. CALL TO ORDER 7:00 p.m. PLEDGE OF ALLEGIANCE ROLL CALL: Chairman Zimmerman Vice Chairman Sauter Commissioner Clark Commissioner Eddings Commissioner Fonzi Two (2) vacancies SEATING OF NEW COMMISSIONERS David P. Bentz Kimberly A Jeans PUBLIC COMMENT (This portion of the meeting is reservedfor persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to five minutes. Please stateyour name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) A. CONSENT CALENDAR - None (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) B. 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 and address for the record and can address the Commission for five 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)) 1. General Plan Amendment 97001 Zone Chan e 97002 Tentative Tract Ma 97003 (The "Lakes" Project) Midland Pacific Building Corporation — 3900 Traffic Way Consider approval of request to amend the General Plan designation and zoning of the 143 -acre site, allow connection to public sewer and allow for its subdivision into 122 single family residential lots, eight (8) open space parcels totaling approximately 50 acres, and one (1) remaining lot. Staff Recommendation: (1) Adopt Resolution 1999-001 thereby recommending that the City Council certify that the Final EIR prepared for the project has been completed and reviewed in compliance with CEQA and state and local guidelines adopted for the implementation of CEQA; (2) Adopt Resolution 1999-002, thereby recommending that the City Council approve GPA #97001 and ZC #97002 by changing the land use designation and zoning of the subject site from Suburban Single Family to Moderate Density Single Family and extending of the Urban Services Line to provide access to the public sewer system; (3) Adopt Resolution PC 1999-003, thereby. recommending . that the City Council approve Tentative Tract Map #97003 based on certain Findings and subject to certain Conditions of Approval. C. STAFF ANNOUNCEMENTS & REPORTS 1. Redevelopment Project Update. 2. Director's Report D. COMMISSIONER ANNOUNCEMENTS & REPORTS E. ADJOURNMENT Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, 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. The Next regular meeting of the Planning Commission will be February 2, 1999. Planning Commission Staff Report The Lakes General Plan Amendment 97001, Zoning Change 97002, Tentative Tract Map 97003 (Davis Ranch, 3900 Traffic Way: Midland Pacific) SUBJECT: General plan and zoning amendments and subdivision map to allow development of an approximately 140 -acre site with 122 homes, two lakes, and associated amenities. RECOMMENDATION: 1. Adopt Resolution No. PC 1999-001, recommending that the City Council certify the Final Environmental Impact Report (EIR); and 2. Adopt Resolution No. PC 1999-002, recommending that the City Council approve General Plan Amendment 97001 and Zone Change 97002, changing the land use designation and zoning of the site from Suburban Single Family (Residential Suburban zoning) to Moderate Density Single Family (Residential Single Family zoning), extending the Urban Services Line (USL) to include the site, and adopting Planned Development overlay zone no. 14; 3. Adopt Resolution No. PC 1999-003, recommending the City Council approve Vesting Tentative Tract Map 97003 based on findings and subject to conditions, with direction to the Council on the preferred access to the site. SITUATION AND FACTS: 1. Applicant: Midland Pacific Building Corporation 2. Representative: Dennis Moresco, President 3. Project Address: 3900 Traffic Way 4. General Plan Designation: Suburban Single Family, outside Urban Services line (USL) 5. Zoning District: RS (Residential Suburban), 2.5 -acre minimum lot size 6. Site Area: 142 acres 000001 ITEM NUMBER: B-1 DATE: JAN. 19, 1999 7. Existing Use: Residence and several farm structures, small-scale industrial uses at the north end 8. Environmental Status: Final EIR completed Site description: The site is a ranch and industrial property bounded by the Salinas River, the River Gardens development, the railroad tracks, and Chico Road, and contains about 140 acres. The ranch land is nearly flat, contains clusters of oaks primarily in the center of the site, and is developed with a few farm buildings. Some industrial buildings are concentrated on a parcel on Chico Road. The site is adjacent to high-density residential land to the southeast (River Gardens) and to rural residential property on the southwest. Residential land south of the site is a mix of rural and higher -density lots, with the larger lots toward the southwest. Project description: The applicant wants to divide the site into 131 lots: 122 residential lots ranging in size from 0.5 acres to 1.55 acres; eight open space parcels having a combined area of fifty acres, and a larger residential lot of 2.9 acres, to be left vacant for the present. Plans include development of two large lakes and additional open space and recreational areas for the exclusive use of residents. The applications include a general plan and zoning amendment to change the land use designation from Suburban Single Family (LUE map) and Residential Suburban (Zoning map) to Moderate Density Single Family (LUE Map) and Residential Single Family (RSF-Y, Zoning map), including a request for a Planned Development overlay zone, plus a vesting subdivision map. The application originally included a use permit request to allow the 2.9 - acre site to be used for a neighborhood commercial development, but that application has since been withdrawn. The vacant 2.9 -acre lot that was proposed for commercial use would remain under Residential Suburban zone, and therefore could potentially be developed with one residence in the future if the industrial buildings were to be removed. DISCUSSION: Environmental Review and consequences for the development An environmental initial study was prepared, which concluded that the project could have significant impacts on the environment. An Environmental Impact Report was prepared, focusing on impacts considered in the initial study to be potentially significant. Comments received during the 45 day public review period led to substantial revisions to the EIR and subsequently another 45 day review period. The final EIR has now been completed and is ready for certification by the final approving body (the City Council). To determine if the EIR is "adequate", according to CEQA Guidelines, it should be prepared: ITEM NUMBER: g-1 "...with a sufficient degree of analysis to provide decision -makers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts. The courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure ". There has been no "disagreement among experts" in this case. The final EIR contains all comments and responses to those comments, and therefore represents a good faith effort at full disclosure and is adequate. The EIR concludes that there are some significant and unavoidable impacts on air quality and agricultural resources. To approve the project will require that the City Council adopt a "Statement of Overriding Considerations", stating why the benefits of the project outweigh these significant effects. The EIR further concludes that the project would have impacts on traffic, public services, noise, biological resources, and cultural resources, all of which can be reduced to less than significant levels by incorporation of mitigation measures in the project. The EIR offers "environmentally superior alternatives": development under existing zoning (which would allow creation of 56 lots) or a reduced -scale project (94 lots). The mitigation: The EIR includes 17 mitigation measures, many of which are incorporated into the design of the project already. Several others are changes to streets and use of specific construction techniques that will not significantly change the subdivision design. The attached staff report, prepared for the Commission's review of the EIR, summarizes the significant impacts and proposed mitigation. Since that review, a phase II archaeological study (subsurface study) has been completed, which provides additional information: 1. Cultural Resources:. Significant cultural resources have been found at the site. The initial "phase 1 study" .(surface. survey) revealed four prehistoric archaeological sites requiring further analysis, plus a historical barn and associated structures. The archaeological sites provide information about the developing social evolution of the Chumash, and are considered rare and significant. Information from the surface survey was not sufficient to define the nature and depth of these four sites, and what .the appropriate mitigation would be for each. A phase 2 study (subsurface survey) was therefore conducted subsequent to the completion of the EIR. The most valuable site is that which has been given the official number SLO-1877, shown as site L-1 in the EIR. This site is to remain in recreational open space, and may be developed with game courts or parking areas. According to the archaeologist, impacts can be readily mitigated through its preservation in the open space area and through review and modifications, if necessary, of grading plans. Because the artifacts are not distributed as widely as they might have been, mitigation for the other three sites includes review of grading plans (to assure proper placement of utility lines as well as review of the depths of cuts and fills) and data collection, plus. on-site monitoring by a. qualified professional 01;000; ITEM NUMBER: B-1 ... during construction. According to the archaeologist, significant impacts can be mitigated to a level below significant and the subdivision design is not expected to change noticeably through this review and modification process, technically called a Cultural Resource Treatment Plan. The barn buildings on site are representative of 1930s agricultural activity on the coast. Photographic documentation and a historical survey by a historical archaeologist is recommended and will mitigate impacts to the historical value of these structures. General plan amendment The amendment requested is a change to the Land Use Element map, from Suburban Single Family to Moderate Density Single Family. A general plan amendment is, by its definition, a change to the General Plan and therefore inherently inconsistent with the present plan. To approve a map change, the Planning Commission and City Council must find that the proposed change is consistent with General Plan policies and that it furthers General Plan goals. It appears that the project can be found to be consistent with general plan policies. The General Plan, as defined by State law, must contain seven "elements" (land use, circulation, housing, conservation, open space, noise and safety). Atascadero has also adopted optional elements (Parks & Recreation, Fiscal, Economic Development and Downtown Master Plan). All elements are of equal importance in the determination of the future of the community and in the analysis of any project for consistency with the General Plan. The project appears to further a number of general plan policies related to land use, open space, conservation, housing, circulation and fiscal implications. 2. Land Use Element: The site does not appear to share the physical characteristics of other property having the Suburban Single Family designation on the Land Use Element (LUE) map. The minimum lot size required under this land use designation varies from 2 % to 10 acres. The determination of appropriate lot size, according to the LUE, is dependent on such factors as slope, existence of a natural building site, availability of services, response time for emergency services, distance from the center of the community, general character of the neighboring lands, percolation capability of the site, adequacy of access and adequacy of building sites (LUE section II -10). The site does not face any of the physical development constraints that face property with sloping terrain, significant creeks, or large numbers of trees, typical constraints on property with the Suburban Single Family designation. The project site is close to the core of the community and to essential services and is adjacent to development with densities similar to those proposed: The River Gardens area to the south contains lots that average 0.43 acres; the Ferrocarril Road development to the north contains lots averaging one acre (not including the 6.33 -acre parcel on the end of the street). 060001 ITEM NUMBER: B-1 The site therefore seems physically and geographically suitable for the increased density. It is also consistent with the following "basic community goal" (p. II -1, Section IIA): Protect and preserve the rural atmosphere of the community by assuring "elbow room"for residents by means of maintenance of large lot sizes which increase in proportion to distance beyond the urban core. " The project does not appear to be inconsistent with other basic community goals in this section. Although the proposal does not provide the density required for the keeping of domestic animals such as horses and goats, it does provide "elbow room" for its residents, by providing lots ranging in size from one-half to one acre and approximately 50 acres of open space as part of the development. The proposed amendment meets the basic goals of the land use element by providing increased lots sizes beyond the urban core, provides a sound economic base through the creation of privately owned and maintained streets, and infrastructure, and provides open space. The Land Use Element also defines the Urban Services Line (USL) as defining "the maximum area that may be served by the sewerage system". Provision of service to new areas is determined on the basis of the following priorities (Section II.C.5(b), p.11-21): 1. Cease and desist areas and other septic problem areas within the Urban Service Line. 2. Other areas within the Urban Service Line. 3. Cease and desist areas beyond the Urban Service Line. Any extension of the USL requires an amendment of the General Plan. The following findings must be made to approve such an amendment: (a) Extension of sewer service to the area will not overburden the City's sewer plant or collection system. (b) Extension of sewer service to the area will not affect service to priority areas 1 through 3. The LUE also encourages the "coordination of the extension of public services with the land use plan to ensure an orderly pattern of growth". According to the Environmental Impact Report, this project, as proposed and with mitigation, will not overburden the city's sewer plant or collection system, nor will it have a significant effect on the first three priorities. The Final EIR says that the project will "utilize a small percentage of the remaining capacity of.the lift stations and sewer treatment plant" (IV -C2). Based on an increase in flow citywide of 40,000 gallons per day. (gpd), the treatment facility is anticipated to reach its current capacity in 6.75 years. The residential wastewater flows from the proposed project would be approximately 29,000.gallons per day (gpd) at build out. Because the project is planned in phases, it is anticipated that the annual increased wastewater flows will be approximately 7,000 gpd. A variety of mitigation measures are 000005 ITEM NUMBER: B-1 DATE: JAN 19, 1999 included in the EIR to ensure that the collection system is upgraded to handle the additional flows. Additionally, the developer would be required to pay connection fees to the sewer system, fees which may be used only to provide improvements to increase capacity at the treatment facility. The sewer master plan, expected to be complete this year, will provide a logical infrastructure management program to increase capacity to the plant's ultimate permittable capacity of 4.0 mg d. 3. Housing Element. The City's current Housing Element was adopted in 1994. Housing goals, consistent with state law, include the overriding goal of facilitating development of housing to meet the needs of all economic segments of the community. The state requires the local Council of Governments to develop goals for new housing development in the region, and to assign portions of those needed units to each community in the region. Atascadero was required by the Regional Housing Needs Plan to encourage the creation of 1,673 housing units in the city from January 1991 to July 1997, affordable to four different income levels. The following chart shows the City's regional share and actual development activity. The unmet housing needs are also represented. Income bracket Goals Built Deficit Proposal Very low 620 -0- <620> Low 348 -0- <348> Moderate 397 136 <261> 122` Above Moderate 308 543 +235 To meet these goals, the element policies encourage use of innovative techniques, such as planned development zoning and the use of density bonuses, to allow development that might not otherwise be feasible. According to the above chart, the City has not met its regional housing needs. The proposed project would further the City's housing goals for moderate -income households as indicated. 4. Open Space Element:. The Open Space element (included with the Land Use Element) says that "scenic and open space easements, parklands and open space dedications shall be obtained through the subdivision and development review process, including but not limited to: floodplains, creek reservations, wooded areas, scenic backdrops, sensitive areas, historic sites and similar suitable areas." While open space areas are to be preserved in this development, the land will be for the exclusive use of residents, and will not be available to the general public. The element does not specify that such preservation is inconsistent with the goals of the general plan. Much of the open space that is valued in Atascadero is within single-family lots, which are not available for use by the general public. It maybe determined that the open space amenities associated with this development benefit a larger number of persons than might otherwise be the case, if the property were to be split into 56 large lots, in accordance with' existing zoning. 000006 ITEM NUMBER: g -I B , k . 40 Zoning consistency The request is to change the zoning from Residential Suburban (RS) to Residential Single Family with a minimum lot size of one acre (where sewer is available) (RSF-Y). .If the general plan amendments are approved,. then the appropriate zoning district would be Residential Single Family. The request for this designation is therefore, consistent with the general plan and zoning. The applicants have also requested approval of a Planned Development overlay zone, to allow creation of lots smaller than the minimum lot size of 1.0 acres (with sewer), and providing larger parcels to be used for recreation and open space. The overall density of one acre per residence would be maintained by this plan. 5. The planned development standards can be met. The Zoning Regulations say that the purpose of the PD (Planned Development ) overlay zone is to identify areas "where development standards or processing procedures different from those established by the underlying zoning district ... are deemed necessary to promote orderly and harmonious development and to enhance the opportunity to best utilize special characteristics of an area." Standards of the underlying zoning district will apply to a planned development zone, except where specifically modified by the overlay zone. The overlay zone may be used to modify physical standards: setbacks, heights, parking and loading requirements, landscaping, screening, signs, streets and frontage improvements requirements, as well as other development and special use standards. It can also be used to "establish other development standards or processing requirements" (see section 9.3.64 of the Zoning Regulations). To approve a planned development overlay zone, the following findings must be made: (a) Modification of development standards or processing requirements is warranted to, promote orderly and harmonious development. Comment: The proposal is well-designed and provides significant amenities for residents. Provision of these amenities may not be possible without reduction of lot sizes and consequent creation of large open space parcels. (b) Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. Comment: The modification of lot sizes will allow clustering to avoid significant archaeological impacts and will allow creation of recreational amenities to serve the residents. The special characteristics of this site include the presence of a significant spring and some large native oaks, which can be preserved and used effectively in the development of lakes and other recreational areas within the development. 000007 ITEM NUMBER: B-1 DATE: JAN 19, 1999 (c) Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. Comment: It appears that it would be possible to achieve these benefits through existing development standards, without the use of the Planned Development overlay. Use of the existing standards would allow for creation of fewer lots and still allow room for the open space lands. If 50 acres were allocated for open space and recreational purposes, the remainder would be approximately 140 - 50 = 90 acres. Because the minimum lot size includes street, rights-of-way (according to the Land Use Element), 90 lots could be created with a minimum size of one acre gross, or approximately 0.73 acres net. (The present design results in creation of 130 lots, with an average size of 90/130 = 0.69 acres gross, or 0.5 acres net.) From a design standpoint, then, the creation of smaller lots is not absolutely necessary for the development of open space amenities. However, financial feasibility of the project as well as ultimate affordability of the homes may weigh heavily on the need to create a larger number of lots here, to support and maintain the open space lands and the private infrastructure. It appears that this finding can be made. (c) Proposed plans, if any, offer certain redeeming features to compensate for requested modifications. Comment: The project includes the open space and recreational amenities, and allows for preservation of significant archaeological resources, of benefit to the community. These features constitute redeeming features. The project also includes private roads and utilities, thereby reducing costs to the city. It appears that the planned development findings can be made. Subdivision Design 6. The subdivision is well designed. The subdivision design preserves most of the existing large oaks on the property and makes use of an existing significant spring. It also preserves an archaeological site and provides amenities that should meet most of the recreational needs of its residents. The clustering of smaller lots allows the creation of two large lakes, game courts, and a pedestrian trail allowing pedestrian or bicycle access throughout the subdivision. The project is a "gated community", only the second to be created in this city. It is intended to serve moderate -income residents, who will be part of a homeowners association. The association will be responsible for maintenance of all facilities, including streets and utilities, within the subdivision. ITEM NUMBER: B-1 DATE: JAN 19. 19 9 9 7. Access is a question. The project involves creation of -smaller lots than are currently allowed in this location, and therefore a higher density development. Effects of this density mean greater impacts. One of those impacts is on traffic in the area. The project was originally submitted with a proposal to provide access from the southerly and the northerly ends of the site. One access would be from Chico Road, off Traffic Way next to Ferrocarril, and the other would involve cutting through the River Gardens area to use Hidalgo Avenue and other local streets to arrive at El Camino Real or Curbaril. Residents in the River Gardens and adjoining areas objected to the use of Hidalgo for access, during review of the EIR. This street enjoys a very low level of traffic presently, and therefore any increase is likely to be noticeable and objectionable. to residents. The potential increase from 100 vehicles a day to 770 vehicles a day was viewed as significant to these residents, although the street could easily be modified to accommodate the additional flow from a technical standpoint. The EIR identified an alternative: use of Chico Road for the primary access, with Hidalgo to be improved for emergency vehicle access only. The two alternatives each present advantages and disadvantages. Under both alternatives, improvements to the streets involved will be necessary. As these are improvements associated with project development and not with ongoing use of the area, they have not been included in the alternatives discussion below: Alternative A: Use of both Chico and Hidalgo for access to the subdivision. Advantages: This option provides two routes for residents' and therefore lessens impacts on either route. It also allows residents to choose the quickest route for their purposes, thereby generating fewer overall miles on the road than one access point would generate. Disadvantages: The use of Hidalgo would change the character of Hidalgo from a low -intensity local street to that of a rural collector. Circulation element policies call for the directing of traffic from new developments to existing collectors, rather than to local streets. The use of this street for additional project traffic would also not be offset by the use of local streets within the subdivision for River Gardens residents, because the new development is to be gated and would not allow such access. The Fire Department notes that the River Gardens neighborhood has been evacuated three times because of flooding. This condition is exacerbated by a bottleneck created at the intersection of Sycamore and Capistrano, where vehicles have to enter an overpass over the Atascadero River. The addition of vehicles from the project site to these roads only worsens the situation. ITEM NUMBER: B-1 DATE: JAN 19, 1999 Alternative B: Use of Chico Road for primary access, with Hidalgo for emergency vehicle access only. Advantages: This option would have no effects on traffic levels on Hidalgo, and therefore the character of the street and neighborhood would remain unchanged.. Vehicles exiting from the Rivet Gardens area in an emergency would be able to remove barriers and exit through the project site (as well as by way of Sycamore), an option possibly not available if the access is gated instead. Disadvantages: The direction of all traffic to Chico would increase stacking at the railroad crossing on Chico, thereby requiring longer vehicle storage lanes on Traffic Way and on Chico Road. It is estimated in the EIR that one train may pass here during peak hours, and stacking would increase from the Alternative A scenario of five vehicles to the Alternative B case of about nine. Emergency vehicles entering the site from the south would experience slightly longer delays because of the need to remove barriers. Recommendation:. From an environmental and traffic safety standpoint, the alternatives have similar impacts and a clear and obvious choice is not available. The Planning Commission should weigh the alternatives and make a recommendation for one or the other, to the City Council. 8. The sewer situation. The applicants want the project to be connected to the city sewer. The proponents propose to install a pressurized force main in Hidalgo to send sewage to an existing pump station at Traffic Way and Buena Avenue (pump station 6). From there, effluent would be pumped to another pump station behind the Traffic Way baseball fields (pump station 5), which then would pump, it to the wastewater treatment plant. The discussion above, under General Plan consistency, determines if the project meets the criteria for sewer service. It appears to do so. The Chief of Wastewater Opoerations finds no physical constraints to extending sewer to the project site, as long as the project developers pay all costs of this extension along with appropriate connection fees. Therefore, the remaining issues are whether sewer service will have unacceptable impacts on existing pump stations and whether provision of sewer to this development has implications for other property in the vicinity. Existing pump stations: Pump station 5 has an existing problem that would be worsened by the development. Excessive wet weather flows into the pump sometimes exceed the plant's pumping abilities and overflow into an emergency basin. The emergency basin is unlined. Therefore, excess flows may contaminate the soil. The preferred resolution of this problem is to require the applicant to upgrade pump station 5 so that it can accommodate both the existing wet weather flows and increased flows resulting from the project. This mitigation measure, as well as all others recommended by the EIR, has been incorporated into the recommended conditions. 0000:10 ITEM NUMBER: B_ 1 DATE: JAN 19, 1999 Implications for other property: Residents of the River Gardens community have expressed concerns that extension of service to the project site, through their neighborhood, would result in River.Gardens residents being required to hookup to the sewer. The, provision of sewer service to the Lakes project. would not Automatically give rise to any requirement to do so. The use of a pressurized force main also precludes connection from those residences. The additional improvements to pump station 5 will allow residences to hook into the sewer if they choose, but they will not be required to do so until the Water Quality Control Board determines that impacts from existing septic systems are contaminating the groundwater or having other adverse impacts. 9. Fiscal impacts. Housing developments generally are a drain on the city's reserves. However, the city has an obligation to accommodate its fair share of residential development. Therefore, it is reasonable to approve new housing but to look for ways to mitigate the expenses of such development. In the present case, all common utilities and roads are to be owned and maintained by a homeowners' association. Therefore, costs to the city for these services are nil. On the plus side, connection of the project to the city's sewer system will generate revenue above what it costs. A fiscal impact analysis was completed for the project to determine approximately what the costs and revenues will be to the city. Over a ten-year period, the project is expected to provide $789,413 to thecity in "recurring" (as opposed to "one-time" revenue, such as building permit fees) revenues. During this same time period the project is expected to cost the city $829,564 in general, special, capital projects, and debt service funds. The net cost to the city, then, over ten years, is projected to be $40,151. Costs would be higher if the streets and utilities were publicly owned and maintained. 10. It's a vesting map. The applicants have submitted a "vesting" tentative map. The state defined "vesting" maps and allowed for their processing starting in 1986. A vesting map locks in place the ordinances, policies, and standards in effect at the time the map is determined complete. In other words, this type map, once approved, gives the subdivider greater protection from changes to the law. (including rezonings and general plan changes) that take place after that map was submitted and deemed complete. 11. A reduced -scale project. The EIR identifies two possible reduced -scale alternatives: one that would require elimination of 29 lots and a reconfiguration of the layout, but still require the general plan and zoning map change, and one that would involve development under existing zoning. The EIR discusses these alternatives on pages V-3 through V-5. The reduced -scale projects would incrementally reduce impacts, especially noise and cultural resources (although the archaeologist, after completing the phase 2 study, is comfortable with the present lot configuration, feels that significant impacts can be avoided in any case). A lower -density development could be served by septic systems, 000011 ITEM NUMBER: B-1 DATE: JAN 19, 1999 not requiring sewer, but the nearness of the site to Atascadero Mutual Water Company wells near the river means that septic system use could have an adverse impact on groundwater quality. If the Commission prefers a lower -scale development on the site, it may choose to either deny all requests, thereby advising the applicant to return with a plan that works within present zoning, or it may recommend approval of general plan and zoning amendments but denial of the tract map. Conclusions The proposed map and text amendments (including the Planned Development overlay) may be found consistent with general plan policies. The tentative map is well designed and should be an attractive addition to the neighborhood. Two environmental impacts - air quality and loss of agricultural land - are significant and unavoidable. The state requires that the City Council 'adopt a statement of overriding consideration to allow such impacts to take place. Development of the site with the currently - allowed 56 homes would have an equal impact on agricultural land and a similar impact on air quality, and therefore staff believes the statement can and should be made. Other significant impacts can be mitigated to a level below significant, and project mitigation and conditions will assure that they are. Therefore, staff supports the project design, with mitigation and conditions to address concerns. Alternatives 1. The Planning Commission may recommend approval of the general plan and zoning map amendments, but not the planned development overlay zoning amendment or the subdivision map. This action, if taken by the Council, would change the land use designations of the site to moderate -density residential, but would require the submittal of another subdivision map. 2. The Commission may recommend denial of amendments and the subdivision map. The parcel would remain designated for residential suburban uses. 3. The Commission may continue action if additional information is needed. Direction on specific information should be given to staff or the applicant. PREPARED BY: dith Lautner, Associate Planner 000012 ITEM NUMBER:_g _ 1 ATTACHMENTS: Attachment A -- Location Map (General Plan) Attachment B -- Location Map (zoning) Attachment C — Site plan Attachment D =- June 2, 1998 staff report Attachment E -- 'August 4, 1998 staff report Attachment F-- Resolution recommending certification of EIR Attachment G -- Resolution recommending General Plan and Zoning change approval Attachment H -- Resolution recommending Tentative map approval Attachment I -- Resolution recommending denial of all requests Previously distributed: Final Environmental Impact Report, Firma, September 1998 Fiscal Impact Analysis, Planning Consultants, August 1998 000013 "NONN NA II, 2 . �Mm& MOP 4 'A WC R �.Rl "M as K liCity of Atascadero Staff Report AttachmentII B — Location Man (Zoning) P(FH) 000015 City of Atascadero Staff Report Attachment C — Site Plan _ _ _ _ ry� k w.,IMfw9l.w.w[w4www[•ro,nu[[w[wMwu•q '1 1 ' 'tiv1i`ti'tj•'t� tj''i.t +,%,t j,t�..t�.:�.tl•:! i'•�, �. '�I-•1 .C.1_.1 .. I. _I_ .i_.. ' i..._i__ _� - `t,• i i •.; +''� �a.w:••rn • ."- Y" _ _ qtr _.; •:; ; Syi% i 'j "i �r� "i ,:j ,: i .:j i •:[ .:i ,:i `i+ y..�```;i�t'% '?. 4 111 ' [' ' 1�. \. ^ • _ (�ii %j%•�:` %•�+� %F: ice:` J'�' I �..:n. u[�� .� 1�l _— Y `1�.�1i 1 it iii •(� • 3..:..�,� :i (f'�J •'� CDC:� i [ , `,�[, •• � 1 �-' ,— �.`- \tel . ! ,'\ .1^•';" data 111 i '1` i[ � �, •[ i��_ •�'--- f- I!i_- -�rB?jTc N SOURCE: APPLICANT 1 _.._..1.. _.__ _.1._._._-_ •11 (:i�:j(:i� i i 000016 Planning, Commission Staff Report SUBJECT: ATTACHMENT D 6/2/98 STAFF REPORT THE LAKES PROJECT Draft Environmental Impact Report for The Lakes Project (Davis Ranch/Midland Pacific Building Corporation) Public review of the Draft Environmental Impact Report (EIR) prepared for The Lakes Project. RECOMMENDATION: Staff recommends that the Commission hear public testimony, and provide any input they may have, with respect to the adequacy of the Draft EIR. SITUATION AND FACTS: 1. Applicant: 2. Representative: 3. Project Address: 4. General Plan Designation: 5. Zoning District: 6. Site Area: 7. Existing Use(s): 8. Environmental Status DISCUSSION: Project Description: Midland Pacific Building Corporation Dennis Moresco, President 3900 Traffic Way Suburban Single Family Residential Suburban (RS) 142 acres Residence and several farm structures Draft EIR undergoing public review The project site is approximately 142 acres located between the Union Pacific Railroad tracks, the Salinas River, Chico Road and the River Gardens neighborhood (Attachments A & B). Until recently, the site was used primarily for agricultural purposes and is referred to as the Davis Ranch. 000017 ITEM NUMBER: B.1 DATE: JUNE 2 1998 Improvements on the property include a residence, several farm structures and industrial buildings (near Chico Road). The applicant proposes to demolish all of the existing improvements and subdivide the site into a total of 131 lots: 122 residential lots ranging in size from 0.5 acres to 1.55 acres; a commercial lot of 2.9 acres; and eight (8) open space parcels having a combined area of fifty (50) acres. As shown by the project site plan (Attachment C), much of the open space would be provided in the center of the site where two (2) man-made lakes and pedestrian walkways would be constructed. Residential lots would then be clustered to the north and south of this common open space. Another open space area is proposed in the southwest portion of the site. The open space is intended for more active uses such as basketball and tennis. The commercial lot would be located near Chico Road, where the industrial buildings now exist. The project is proposed to remain private, meaning that internal streets and open space would be gated and maintained privately by a homeowners association. Conditions, covenants and restrictions (CC&Rs) would also be established to regulate land use and ensure individual residential lots are being properly maintained. Applications Filed The current General Plan designation and zoning of the site would not permit the proposed density nor would it permit the commercial uses proposed. To allow for project approval, therefore, four (4) distinct yet interrelated applications have been filed: General Plan Amendment #97001-- A proposal to (1) extend the Urban Services Line (USL) to include the subject property, thereby making it possible for the new lots to be connected to public sewer, and (2) change the land use designation of the site from Suburban Single Family to Moderate Density Single Family and Neighborhood Commercial. Zone Change #97002 -- A proposal to change the zoning of the site from Residential Suburban (RS) to Residential Single Family (RSF-Y), wherein the minimum lot size is one -acre with sewer or 1.5 acres without sewer, and Commercial Neighborhood (CN). In addition, a Planned Development Overlay Zone would be applied to the site and allow some of the residential lots to be smaller than one acre provided the overall density does not exceed one house per acre. Vesting. Tentative Tract Map #97003 -- A proposal to subdivide the site into 122 residential lots raning in size from 0.5 acres to 1.55 acres, one (1) commercial lot of 2.9 acres and eight (8) open space parcels totaling fifty (50) acres. Because a "vesting" tentative map has been filed, approval would convey a vested right not only to record a final map but to develop each of the new parcels in accordance with development standards currently in place. Conditional Use Permit #98004 -- The applicants are proposing to create a 2.9 -acre parcel near Chico Road and have that parcel zoned Commercial Neighborhood ' (CN). In the CN zone, commercial uses exceeding 3,000 square feet require conditional use permit approval. Since the two (2) commercial buildings proposed would total 11,800 square feet; an approved conditional use permit is required. ITEM NUMBER: B. I Analysis: Following an Initial Study, it was determined that the project could have a significant effect on the environment and that an Environmental Impact Report (EIR) would therefore be required pursuant to the California Environmental Quality Act (CEQA). Based on the Initial Study and comments received during circulation of a Notice of Preparation, a Draft EIR has been prepared which focuses on impacts considered to be potentially significant. These impacts have to do with agricultural resources, drainage and water quality, sewer service, traffic, noise, public services, biological resources, air quality and cultural resources. In addition, the Draft EIR includes an analysis of project alternatives and the cumulative/growth-inducing effects of project approval. In the Draft EIR, each of the potentially significant environmental effects of the project are discussed by (1) defining the environmental issue; (2) describing the environmental setting; (3) disclosing the environmental impacts; and (4) identifying the mitigation measures available to eliminate the impacts or reduce them to acceptable levels. A summary of environmental impacts and available mitigation is contained in Table S of the Draft EIR (Page I-3) and the Initial Study and Notice of Preparation materials are contained in Appendix A. Following is a brief description of the project's potentially significant environmental effects and the Draft EIR's findings as to the significance of those impacts after mitigation. Agricultural Resources -- The project site has been in agricultural use since some time prior to the Davis family's purchase of the property in 1947. The Initial Study notes that the site is the only site within Atascadero city limits that has been designated as Prime Farmland by the State of California and that its conversion to residential use could therefore be considered a significant impact. The Draft EIR points out that the site has been zoned, and therefore committed, for uses other than agriculture for decades. The density allowed under the current zoning would allow residential lots of only 2.5 acres. In addition, the City of Atascadero and County of San Luis Obispo both have General Plan policies that prefer the conversion of agricultural. land within existing community boundaries over conversion in unincorporated areas. The project proposes to intensify a non-agricultural use that is already allowable. Therefore, the project would not impact the amount of agricultural land planned for conversion. Drainage and Water Quality -- Water flows onto the site from upstream properties. Unless grading and other site improvements are designed to accept this water and convey it safely to the Salinas River, a significant impact could result in the form of local flooding. Likewise, if the proposed lakes are not properly aerated, they could produce a foul odor and attract mosquitoes and other pests that constitute a public nuisance. According to the Draft EK potential impacts related to drainage and water quality would be reduced to a level of insignificance if (1) all drainage facilities are engineered in accordance with City Standards; (2) the existing ponding problem at the intersection of Traffic Way and Chico Road is corrected; and (3) the lakes are designed in a manner that ensures adequate depth and aeration to preclude excessive reed and algae growth that could deprive the lakes of oxygen. ITEM NUMBER: B.1 DATE: JUNE 2, 1998 Sewer Service — All of the proposed lots would have sewer lines which gravity flow into a new pump station to be constructed at a low point within the project. This sewage would then be pumped via a pressurized force main to an existing City pump station at Traffic Way and Buena Avenue (Pump Station #6). From there, the effluent is pumped to another pump station behind the Traffic Way baseball fields (Pump Station #5), which then pumps the effluent to the City's wastewater treatment plant. It is estimated that the new homes and commercial units would consume approximately 12% of the remaining treatment plant capacity. Pump Station #5 has an existing problem that would be exacerbated by the project. Excessive wet weather flows into the plant sometimes exceed the plant's pumping abilities and overflow into an emergency basin. Because the emergency basin is unlined, the excess flows may be contaminating the soil. The Draft EIR identifies several options for mitigating this impact, but the preferred option is to require the applicant to upgrade Pump Station #5 so that it can accommodate both the existing wet weather flows and increased flows resulting from the project. After mitigation, impacts on the sewer system would be insignificant from an environmental standpoint. Traffic -- During the Initial Study process, neighborhood meetings were held to discuss the project. The applicant and staff attended one of meetings and discovered a common, and perhaps the biggest, concern among River Gardens residents was that increased traffic through their neighborhood would affect their safety and quality of life in general. Because of this meeting with affected residents, and with the applicant's concurrence, staff directed Draft EIR consultants to study two project alternatives. Scenario A assumes the project will be approved with two access points, one through River Gardens and the other at Chico Road. Scenario B assumes the connection to River Gardens will be designed for emergency use only and that all daily traffic associated with the project would use Chico Road only. Under either Scenario, it would be necessary to realign and widen Traffic Way to accommodate an exclusive northbound right turn lane (the length of that turn lane would vary depending on which Scenario is approved). In addition, City Standards would require that Chico Road be improved to Rural Collector Standards from the project connection to Traffic Way. If Scenario A is approved, it would also be necessary to improve Hidalgo Avenue to Rural Collector Standards and eliminate the offset between the new street into the project and existing Hidalgo Avenue. This would require acquisition of an existing, improved residential lot. In addition, it would be necessary to install stop signs at the new intersection and realign the south leg of Hidalgo Avenue to intersect Sycamore Road at right angles and install stop signs there and at the Sycamore/Miramon intersection. With these mitigation measures, the environmental effects of increased traffic caused- by the project would be less than significant. Quality of life issues associated with increased traffic are not addressed in the Draft EIR because they cannot be effectively quantified and/or measured against an established standard or threshold. These issues will therefore be discussed later in the planning process. Noise -- The City has an adopted Noise Element as part of its General Plan. The Noise Element establishes thresholds for determining a significant impact. For single family residential uses, this threshold is 60 dBA Ldn for exterior areas and 45 dBA Ldn for interior areas. If, based on noise contour maps contained in the Noise Element, noise levels are not expected to exceed these thresholds, no mitigation is required. If noise levels are expected to exceed these levels but not1 0020 ITEM NUMBER: -B. I DATE:. JUNE 2, 1998 more than 10 dBA Lang the project is considered conditionally acceptable. In these cases, a noise analysis is required and all feasible noise mitigation must be incorporated into the project. If noise levels are expected to exceed the thresholds by more than 10 dBA Lan, the project is usually not considered .acceptable. The increased traffic resulting from the project will increase noise levels along Traffic Way and, if Scenario A (see traffic section above) is approved, along Hidalgo Avenue. However, even with the increased noise levels caused by the project along these streets, the noise levels would still be less than 60 dBA Lan. Therefore, there is no mitigation recommended for that impact. In the future, it is expected that ambient noise levels on proposed lots 33 through 51 will exceed 60 dBA Lan, and that interior noise levels on proposed lots 40 through 50 could exceed 45 dBA Lan, but not by more than 10 dBA Lan. Even though none of the proposed lots would be affected by such noise levels given the limited amount of railroad traffic today, the Draft EIR recommends mitigation for the noise levels reasonably foreseeable as the future "worst case" scenario. This mitigation would require a wide and dense landscape buffer between the railroad tracks and the new street that parallels the tracks and that certain acoustical design features be incorporated into new homes on proposed lots 40 through 50. Public Services -- This section of the Draft EIR examines the project's effects on schools and fire protection. The schools affected by the project include San Benito Elementary and the Atascadero Junior and Senior High Schools. Based on the School District's student generation rates, the project would add 60 elementary students, 12 junior high students and 18 high school students. Because the project is proposed to be constructed in four (4) phases, these added students are expected to come in four (4) waves. With respect to fire protection, the project was analyzed to ensure adequate fire flows, emergency access/egress and response time. Under either traffic Scenario (see traffic section above), the project will have adequate fire flows, ingress/egress and response time. Therefore, no mitigation other than the payment of mandatory development impact fees is necessary for fire protection. The District has indicated that school fees will only cover about 30% of the actual cost of providing school facilities for the additional students and therefore requesting that full mitigation be required (see Appendix B of the Draft EIR). The Draft EIR notes that the School District has not increased school fees to the amount allowed by state law and that it does not appear thatother mechanisms are in place that would allow the city to require full mitigation of school impacts. To require full mitigation, the District. must have completed a fee justification report pursuant to AB 1600. and the City must have a clear policy in the General Plan on school service levels and impacts. Absent these mechanisms, it appears that mitigation for school impacts above and beyond the collection of school fees presently in place would have to come from a legal authority other that CEQA. Biological Resources -- Most of the property has recently been farmed and the biological survey was conducted in winter when the presence of most plant species could not be determined. Therefore, the Draft EIR examines the potential for certain plants to occur based on site habitat, a review of the Natural Diversity Data Base and published/unpublished reports that identify known and potential occurrences of special status species. 000021L-- ITEM NUMBER: B • 1 DATE: -JUNE- 2, 1998 No plant species of special concern would be impacted by the project, but it may be necessary to secure permits from the US Army Corps of Engineers to discharge fill into a small (approximately 20 square feet) wetland area on the northern edge of the site. With respect to animal life, the project would result in a loss of habitat for the Prairie Falcon and Mountain Lion, and nesting birds may be disturbed during construction. These impacts are less than significant, but the Draft EIR indicates that limiting access to the Salinas River would be a feasible mitigation measure to protect plant and animal species occurring in that region. Air Quality -- San Luis Obispo County is considered a non -attainment area, which means that the concentration of air pollutants exceeds state standards. Because this project proposes a higher density of development than currently planned for, and because the project is capable of generating air pollution emissions which exceed regionally established criteria regardless of what the current zoning would permit, air quality impacts are considered significant. Mitigation measures identified in the Draft EIR would reduce NO,, emissions anywhere from 20 to '40 percent and PM10 emissions by about 50 percent. Nevertheless, it is expected that emissions will still exceed established thresholds. Impacts after mitigation would therefore still be considered significant and unavoidable. Cultural Resources -- All areas along the Salinas River are considered sensitive with respect to archaeological resources because of the numerous village and camp sites discovered along the River over the past 30 years. Because of this, a Phase One surface survey was conducted by an archaeologist and geomorphologist. During the Phase One, surface survey, the archaeologist and geomorphologist zigzagged back and forth over the site and flagged any signs of historic or prehistoric cultural materials. The location of archaeological materials .was then surveyed by project engineers and plotted onto project maps. As a result of the Phase One surface survey, four (4) new archaeological sites have been recorded with the Archaeological Inventory center at UC Santa Barbara. These sites contain shell fragments, burnt rock used for cooking, and stones shaped to be useful as hunting or cooking tools. In addition to those recorded sites, isolated artifacts were found. It is impossible to determine the extent and nature of these isolated findings until subsurface testing is completed. It is staffs understanding that such subsurface testing is being done now. In addition to .these prehistoric findings, the Phase One survey resulted in the existing three-story barn being recorded with the Office of Historic Preservation as historically significant. According to the Draft EK the four (4) recorded sites should be considered potentially significant cultural resources. As such, they should be protected through avoidance, redesigning the project to minimize adverse impacts and/or data recovery. As the project is currently designed, only one (1) of the four (4) recorded sites would be located in open space and therefore avoided. The other three (3) recorded sites, plus all four of the isolated areas, would be impacted by houses, utilities, roads and man-made lakes. In addition, the planned demolition of the historic loading structure and barns would also be considered a significant impact. In order to protect (i.e., mitigate) potentially significant prehistoric cultural resources, a comprehensive cultural management program should be developed and implemented. This would include subsurface testing of all of the isolated areas and one of the recorded sites and then, using the information obtained through surface and subsurface testing, attempt to redesign the project 000022 ITEM NUMBER: -B. 1 DATE: JUNE 21 1998 to minimize impacts to the extent possible. If it is determined infeasible to avoid all significant sites, a mitigation program should be developed which would probably consist of Data Recovery. Data Recovery is the process of obtaining a representative sample of the various areas within each site. Avoidance, however, is preferred. In. addition, all contractors .involved in grading and construction of the project should be required to attend a detailed archaeological workshop to define the nature of resources in the tract and ensure a good understanding of the monitoring procedures that must be followed between them and Native American representatives during construction. In order to mitigate the loss of historic resources (i.e., the 1927 dairy loading structure and other agricultural structures of that era), it would be necessary to conduct an architectural and historic photo documentation of the structures pursuant to standards of the Historic American Buildings Survey and the Historic American Engineering Record. Alternatives -- In the alternatives section of the Draft EIR, all of the information gleaned from the environmental analysis of the project is used in an attempt to identify alternatives to the proposed project which would eliminate significant impacts or reduce them to levels of insignificance. Upon consideration of the "no project" alternative, the possibility of the project being located on an alternate site and a reduced -scale project, this section identifies an "environmentally superior" alternative. The environmentally superior project is the no project alternative because it avoids all of the project's impacts. However, when the no project alternative is identified as the environmentally superior alternative, CEQA requires that a second best alternative be identified. The reduced scale project would be superior to the proposed project because a reduction in the number of new residential lots would make it possible to avoid impacts related to noise and cultural resources, and incrementally reduce all other impacts. In addition, it would be possible for a reduced scale project to avoid the need for sewer service if density is limited to one (1) residential lot for every 1.5 acres: 142 = 1.5 = 94 lots without the commercial lot, and 139 - 1.5 = 92 lots with the commercial lot. Table AP of the Draft EIR (Page V-5) provides a convenient comparison of project alternatives. Conclusion: The Draft EIR expands on the Initial Study, responds to comments received during the Notice of Preparation process and identifies the environmental impacts potentially associated with project approval. As required by CEQA, all written comments received by the end of the public review period (June 19, 1998) will appear in a Final EIR along with responses to each of those comments. 000023-- ITEM NUMBER: B.1 DATE: JUNE 2; 1998 At a future Public Hearing (probably in July of this year), the Commission will consider making recommendations to the City Council with respect to the adequacy of that Final EIR and approval, conditional approval or denial of the project. At that time, the Commission will have to consider the environmental effects of the project along with the project's economic and social effects.. The Final EIR will enable the Planning Commission and public tobe, informed about the project's environmental effects and possible ways to reduce them; a fiscal analysis will be available to disclose how the project will or will not effect City finances; and, presumably, there will be public testimony and discussion with respect to other "nonenvironmental" issues. No action is recommended at the current Hearing and discussion should be limited to matters pertaining to the completeness and adequacy of the Draft EIR. PREPARED BY: Gary Kaiser, Associate Planner ATTACHMENTS: Attachment A -- Location Map (General Plan) Attachment B -- Location Map (zoning) Attachment C -- Project Site Plan SEPARATE COVER: The Lakes General Plan Amendment and Tract 2271 Draft Environmental Im act Report• firma, March 1998. c:\data\wp\eir\deir2pc.doc 000024 Planning Commission Staff Report Revised Draft Environmental Impact Report Prepared for the Lakes Project (Davis Ranch/Midland Pacific Building Corporation) SUBJECT: ATTACHMENT E 8/4/98 STAFF REPORT THE LAKES PROJECT Public review of the Revised Draft Environmental Impact Report (Revised DEIR) prepared for The Lakes Project. RECOMMENDATION: Staff recommends that the Commission hear public testimony concerning the adequacy of the Revised DEIR but that no action be taken. DISCUSSION: Background The public review period for the Draft Environmental Impact Report (DEIR) prepared for the Lakes Project was initially scheduled to run from April 22, 1998 to June 19, 1998. Although not required by CEQA, it is the practice of the City of Atascadero to hold a public hearing within the public review period. The hearing serves as a means of disseminating the information contained in the DEIR and is intended to foster more informed, and therefore more effective, public comments as to whether or not the DEIR prepared for the . project is adequate. To be adequate, an EIR must contain the information required by CEQA and there must be an objective, good -faith effort at full disclosure. The Planning Commission's hearing during the public review period for the first DEIR prepared for the Lakes project was held on June 2, 1998. Typically, all of the comments submitted in writing to the Community Development Department prior to the close of the public review period would be included in a Final EIR along with responses to each of the comments. In this case, however, staff determined that the DEIR lacked information and that the information lacking was substantial enough to warrant recirculation of another DEIR. - 1 000025 ITEM NUMBER:._ B.1 DATE: AUGUST 4. 1998 A Revised DEIR has been prepared and is undergoing public review. The Revised DEIR provides additional information and/or additional discussion on the subjects of water supply, sewerage, agricultural resources, traffic, noise, and wildlife. The Revised DEIR also includes an additional project alternative,. development of the property under the density allowed under current zoning. The changes reflected in the Revised DEIR were made in large part because of the comments received during public review of the first Draft EIR, but the comments are not included nor responded to individually in the Revised DEIR. The Final EIR will include all comments received during the first public review period as well as those received during the current review period and responses to each of those comments will be provided at that time. The public review period for the Revised DEIR ends at 5:00 pm on August 27, 1998; all comments on the .Revised DEIR must be filed with the Community Development Department by that time. Analysis The Revised DEIR provides additional information supporting and/or clarifying the findings and conclusions of the first DEIR. The new information that pertains to agricultural resources and project alternatives, however, has resulted in findings and conclusions which differ from those of the first DEIR. The staff report prepared for the Planning Commission's June 2, 1998 hearing is still accurate in describing the proposed project and, with the exception of agricultural resources and project alternatives, is still accurate in summarizing most findings and conclusions ' with respect to the project's potential effects on the environment and the significance of those effects after mitigation (Attachment A). The following summarizes the new findings and conclusions of the Revised DEIR related to agricultural resources and project alternatives: Agricultural Resources -- The first DEIR considered the conversion of agricultural resources in this case to be a foregone conclusion because the property is already zoned for uses other than agriculture and has been for decades. The 1968 Atascadero Area General Plan designated almost half the site for industrial use and the remainder of the site was designated for residential development at a density that would allow lots between one-half ('/z) acre and one (1) acre. That zoning remained until the 1980 Atascadero General Plan was adopted, at which time only a small portion of the site near Chico Road remained designated for industrial use and the remainder of the site was re -designated for single family use at a density similar to that allowable today. As evidenced by the letter received from the County Agricultural Commissioner's Office (Attachment B), one could reasonably argue that the impact on agricultural resources occurs when use of the site actually changes, regardless of what the historic zoning patterns might have been. In the Revised DEIR, the subject is approached from that standpoint. In 1997, the State Office of Land Conservation developed the California Agricultural Land Evaluation and Site Assessment (LESA) model to guide local agencies in determining the significance of converting agricultural land to other uses. The LESA model uses several factors including soil quality, parcel size, water availability and surrounding agricultural use status to assign a rating to a particular site. When the LESA model is applied to the subject site, a rating from 78 to 80 is assigned. This rating indicates that conversion of the subject site to a use other than agriculture would indeed be significant. According to the LESA model, only nineteen (19) acres of the subject site could be converted without there being a significant effect on agricultural resources. 000026 ITEM NUMBER:—F,- i DATE: AUGUST 4, 1998 Because no feasible mitigation is available to reduce impacts on agricultural resources to a less than significant level, the impact on agricultural resources would be considered significant and unavoidable. Project Alternatives -- The Revised DEIR includes an additional project alternative called "development under existing zoning," or existing density. Under this alternative, the possibility that the site could be subdivided into 56 residential lots, each of 2.5 acres, is evaluated. Also evaluated is the possibility the site could be subdivided into 56 smaller lots clustered such that the remainder of the site (over half the site) is left for agricultural use. Although this density. (56 lots) would be allowable under existing zoning, a zone change would be necessary to allow for the creation of lots less than 2.5 acres (i.e., a PD Overlay Zone would have to be established). The "no project" alternative remains the environmentally superior project. Second to that, the clustered 56 -lot project is considered the environmentally superior project because it avoids significant impacts on cultural resources and noise and lessens impacts on all other resources compared to the other project alternatives. Conclusion: Public participation is an integral part of any successful planning process. When planning projects are subject to the requirements of the California Environmental Quality Act (CEQA), the opportunity for public involvement is formalized by statute to occur at certain stages in a prescribed environmental review process. Pursuant to CEQA, the public must be notified of the availability of a DEIR and provided the opportunity to comment. All comments received in writing within the public review period must then be included in a Final EIR along with responses to those comments. This ensures that all public comments receive the attention they deserve and that they are given due consideration in the decision-making process. PREPARED BY: Gary Kaiser, Associate Planner ATTACHMENTS: Attachment A -- June 2, 1998 staff report Attachment B -- Comments from Public Agencies during circulation of the DEIR' SEPARATE COVER: Revised Draft -- The Lakes General Plan Amendment and Tract 2271 Draft Environmental Impact Report, prepared by firma, July 1998. 1 The Planning Commission has already received the comments submitted by the general public during the public review period for the first DEIR. - 000027 ATTACHMENT F RESOLUTION NO. PC 1999-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE LAKES PROJECT (Midland Pacific Building Corporation @ 3900 Traffic Way/Davis Ranch) WHEREAS, a Draft EIR was prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, based on the comments received during the public review period for the Draft EIR, it was determined that substantial new information would have to be added in order to achieve adequacy; and WHEREAS, A Revised Draft EIR was therefore prepared 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 public hearings during the review periods for both the Draft EIR and the Revised Draft EIR to consider their adequacy;and WHEREAS, a Final EIR has now been prepared which contains copies of all written comments received during the public review periods for both the Draft EIR and the Revised Draft EIR along with responses to each comment; and WHEREAS, a copy of the Final EIR has been presented to each public agency which commented on the Draft and/or Revised Draft EIR pursuant to Public Resources Code Section 21092.5; NOW, THEREFORE, the Planning Commission of the City of Atascadero, at a public hearing held on Tuesday, January 19, 1999, hereby resolves to recommend that the City Council certify the subject Final EIR based on the following Findings: (a) The Final EIR has been completed in compliance with CEQA; and Resolution No. PC 1999-001 Page 2 of 2 (b) The Final EIR was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which the Final EIR was prepared; and (c) The Final EIR will be presented to the City Council, and the information therein contained will be considered by the City Council, prior to taking final action on the project for which the Final EIR was prepared. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. PASSED AND ADOPTED THIS 19'` DAY OF JANUR.ARY 1999. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ADOPTED: CITY OF ATASCADERO, CA William Zimmerman, Chairman Attest: Paul M. Saldana Community Development Director 000029 ATTACHMENT G RESOLUTION NO. PC 1999-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT #97001 AND ZONE CHANGE #97002 THEREBY AMENDING THE GENERAL PLAN LAND USE AND ZONING MAPS FROM "SUBURBAN SINGLE FAMILY" TO "MODERATE DENSITY SINGLE FAMILY" ON PROPERTY LOCATED AT 3900 TRAFFIC WAY (The Lakes Project: Midland Pacific Building Corporation/Davis Ranch) WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on Janurary 19, 1999, studied and considered General Plan Amendment #97001 and Zone Change #97002, after first studying and considering the Final EIR prepared for the project, and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact these amendments to the General Plan Land Use Map and the Zoning Ordinance map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject General Plan Amendment and Zone Change applications was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said General Plan and Zoning amendments. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero, in a regular session assembled on January 19, 1999, resolved to recommend that the City Council: (a) Approve General Plan Amendment #97001 amending the Land Use Map as shown on Exhibit A; and 000030 Resolution 1999-002 Page 2 of 2 (b) Approve Zone Change #97002 amending the Zoning Map as shown on Exhibit B and establishment of Planned Development Overlay Zone No. 14 as described on.Exhibit C. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. PASSED AND ADOPTED THIS 19'hDAY OF JANURARY, 1999. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ADOPTED; CITY OF ATASCADERO, CA William Zimmerman, Chairman Attest: Paul M. Saldana Community Development Director 000031 7w, 41 EXHIBIT B RESOLUTION PC 1999-002 ZONE CHANGE 97002 FROM: (RS) ' f FH TO: "RS F -Y" i fr ::ti tit};:; •ti. +4•: :?:••� �''rr} �•. r:..., ,� •.4;..,.;. _ .. � ti' \ ,r,}r.Sti:• r ti •. y :•: shy .�.y:, s• . sStik`4}• .r°'• +?C 't:ti. } '.:,'v.::••,',k: Y� '.4:• ;..,.•.:•.. r :.; :S•.. - ....ti_.� r: �{•r:�Sa•:k•S.. ss_ s•.•ti.: -._r'ti'.ti'.' L : - S.Y.{ �t.�r...s•:•:•r?S :�.•••tij::•: s:::.•._:' :..:•} :::•..- - 0 e 000033 - _� Resolution PC 1999-002 Exhibit "C" 9-3.658 Establishment of Planned Development Overlay Zone No. 14 (PD 14). Planned Development Overlay Zone No. 14 is established as shown on the official zoning maps (Section 9-1.102). The following development standards and conditions applicable therein are also established: (a) The maximum density shall not exceed one dwelling unit for each acre of land although individual lots may be smaller provided that the overall project density conforms to the specified maximum density. (b) Individual lot sizes shall be established in conjunction with the Tentative Tract Map and shall not be required to comply with minimum lot size criteria for the Residential Single Family (RSF-Y) (1 acre minimum with sewer, 1.5 acre minimum without) provided that the overall density conforms to the specified maximum density. (c) Design of the subdivision and construction of the project shall incorporate mitigation measures set forth in the Final Environmental Impact Report (EIR) prepared by Firma September 1998. (d) A Tentative Tract- Map showing the proposed division of landfor the entire site shall be submitted and approved prior to any site development. The Tentative Tract Map may propose a phasing plan for improvements and future land divisions. (e) In lots created by the Tract Map approved for the entire site shall not be permitted to be reduced in size by subsequent land division. 000034 ATTACMENT H RESOLUTION NO. PC 1999-003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE PARCEL MAP #97003 (Tract 2271) SUBDIVIDING RESIDENTIAL PROPERTY AT 3900 TRAFFIC WAY (TPM #97003;Midland Pacific Corporation) WHEREAS, Midland Pacific Corporation has submitted a Vesting Tentative Tract map application to subdivide a 142 acre site located at 3900 Traffic Way into one hundred twenty two (122) single family residential lots, one (1) remaining residential lot and eight (8) open space lots; and WHERAS, the Site is proposed to be rezoned to Residential Single Family (RSF-Y) wherein the zoning of the site allows for the uses and densities proposed; WHEREAS, the proposed project is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and WHEREAS, the proposed project, as conditioned, and subject to' said rezoning is consistent with the Zoning Ordinance, Subdivision Ordinance and all other applicable codes, ordinances and standards; and WHEREAS; the Planning Commission of the City of Atascadero conducted a public hearing on the tentative parcel map application on January 19, 1999; NOW, THEREFORE, the Planning Commission of the City of Atascadero finds that: The proposed subdivision, as conditioned, is consistent with the General Plan and. applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. 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. 000035 Resolution 1999-003 Page 2 of 2 6. 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. 7. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. BE IT FURTHER RESOLVED, that the Planning Commission of the City of Atascadero does hereby recommend approval to the City Council of Tentative Tract Map #97003 for the division of a 142 acre site located at 3900 Traffic Way into one hundred twenty two (122) single family residential lots, one (1) remaining residential lot and eight (8) open space lots as shown on Exhibit A subject to the Conditions of Approval shown in Exhibit B. On motion by and seconded by foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA WILLIAM ZIMMERMAN, Planning Commission Chair ATTEST: PAUL M. SALDANA, Director Community Development Department , the 000036 SOURCE: APPLICANT •11 11 q I .� I 1 XHIBIT A SITE PLAN ZESOLUTION PC 1999=993 1 I i 1 •� '� fux�rix,n — �• ,ir, �.'� 'Iii �.':•r .,i� �'� 000037 Tentative Tract Map #97003 3900 Traffic Way (Tract 2271 Conditions Engineering Division Conditions Resolution No. 1999-003 Exhibit B All public improvements, drainage improvements, on-site road improvements and sewer improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 2. The applicant shall enter into a Plan Check/Inspection agreement with the City. Prior to recordation of the final map, all outstanding plan check/inspection fees shall be paid. 3. The applicant shall obtain an encroachment prior to commencing work within existing rights-of-way. 4. The applicant shall submit a preliminary soils report for the property to determine the presence of expansive soil or other soil problems. The report shall make recommendations regarding grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection. The report shall certify that all grading was inspected and approved and that all work done is in conformance with the plans and the preliminary report. 5. A statement shall be placed on the final map that notes that a soils report has been prepared for the subdivision. The statement shall provide the date the report was prepared along with the name and address of the soils engineer or geologist who prepared the report. 6. All public improvements or improvements in the public right-of-way shall be secured with a 100% performance guarantee and a 50% labor and materials guarantee until the improvements are accepted as substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees mentioned in this condition are released, a 10% maintenance guarantee shall be posted to cover the improvements for a period of 1 year from the date of the final inspection. The guarantee amounts shall be based on an engineer's estimate submitted by the project engineer and approved by the City Engineer. The estimate shall be based on City standard unit prices. The guarantees posted for this project shall be approved by the City Attorney. 7. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. The applicant shall install all final property 000038 TTM 97003 Conditions Page 2 of 7 comers and street monuments, or bond for them, prior to acceptance of the improvements. 8. The applicant shall submit a written statement from a registered civil engineer certifying that all work shown on .the plans has been completed and is in full compliance with the plans accepted by the City and the Uniform Building Code (UBC) prior to the final inspection. 9. The applicant shall submit written certification that all survey monuments have been set as shown on the final map prior to the final inspection. 10. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 11. A final map drawn in substantial conformance with the approved tentative map and in compliance with these conditions of approval shall be submitted for review and approval in conformance with the Subdivision Map Act and the City's Subdivision Ordinance prior to recordation. The map shall be signed by the City Engineer prior to it being placed on the agenda for City Council acceptance. 12. Monuments shall be set at all new property corners. A registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or will be set by a date specific and that such monuments will be sufficient to enable the survey to be retraced. 13. The applicant shall submit a preliminary subdivision guarantee for review in conjunction with the processing of the final map. 14. A black line clear Mylar (0.4 mil) copy and a blue line print of the tract map shall be provided to the City upon recordation. a� 15. A Mylar copy and a blue line print of as -built improvement plans, signed by the registered engineer who prepared the plans shall be provided to the City Engineer prior to the final inspection. 16. The applicant shall have the tentative map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain aletter from each utility company which indicates their review of the tentative map. The letter shall identify any new easements which may by required by the utility company. New easements shall be shown on the final map. The letters from the utility companies shall be submitted to the City prior to recordation of the final map. 000039 TTM 97003 Conditions Page 3 of 7 17. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 18. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 19. The applicant shall submit a composite utility plan signed by a representative of each public utility and the Atascadero Mutual Water Company. The composite utility plan shall also be signed by the City Chief of Wastewater Operations. 20. The applicant shall pay all sewer annexation fees prior to recordation of the final map. 21. The applicant shall design and construct upgrades to Pump Station #5 required to accommodate existing wet weather flows plus the increased flow generated by the subdivision. The upgrades shall be constructed prior to recordation of the final map. The applicant shall enter into an agreement with the City to fund a pro rata share of the improvements to Pump Station #5 prior to recordation of the final map. The form and content of the agreement shall be reviewed and approved by the City Attorney and the City Engineer. The applicant's pro rata share shall be based on the anticipated average daily dry weather.flow generated by the subdivision divided by the existing average daily dry weather flow to Pump Station #5. 22. The minimum size of the sewer gravity mains shall be eight inches or as directed by the City Engineer. The wet well for the sewer lift station and the force main required to serve the subdivision shall be designed to handle a one hundred gallon per minute flow or as directed by the City Engineer: The sewer lift station, force main aria other sewer facilities within the subdivision shall be privately owned and maintained. Grading and Drainage Improvements 23. Drainage shall cross lot lines only where drainage easements have been provided. Drainage from off-site areas shall be conveyed across the project site in drainage easements. . 24. The applicant shall limit storm water discharge from the developed site to the design capacity of the downstream drainage improvements. The applicant shall demonstrate that the design capacity of the downstream drainage improvements, or natural watercourses, can adequately convey the total flow of storm water from the fully developed watershed plus the developed project site without adversely affecting other properties. 25. The applicant shall submit a grading and drainage plan, prepared by a registered civil engineer, for review and approval by the City Engineer prior to recordation of the final map. 000040 TTM 97003 Conditions Page 4 of 7 26. The applicant shall show both the pre -developed and post -developed 100 -year limits of inundation on the grading and drainage plan. Drainage calculations in conformance with Section 5 of the City Standards shall be submitted for review and approval by the City Engineer prior to recordation of the final map. Road Improvements 27. The project EIR describes two access scenarios for the subdivision. Scenario A offsite improvements will be required if the subdivision is approved with two points of access. Scenario B offsite improvements will be required if the subdivision is approved with a single point of access at the northerly end of the subdivision. 28. The applicant shall submit road improvement plans prepared by a registered civil engineer for review and approval by the City Engineer prior to recordation of the final map. Road improvement plans shall conform to the requirements of the City Standard Specifications, Section 2 - Preparation of Plans. R -value testing shall be done, and the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. Scenario A offsite improvements shall be required if the subdivision is approved with two points of access. Scenario B offsite improvements shall be required if the subdivision is approved with a single point of access at the northerly end of the subdivision. Road improvements shall include, but not be limited to the following: A. A northbound right -turn lane with -a storage length of at least seventy-five feet (Scenario A) or one hundred twenty five feet (Scenario B) shall be constructed on Traffic Way at its intersection with Chico Road or as directed by the City Engineer. B. A southbound left -turn lane with a storage length of at least seventy five feet shall be constructed on Traffic Way at its intersection with Chico Road or as directed by the City Engineer (Scenario A or B). C. Drainage improvements shall be constructed to eliminate the existing localized flooding which occurs on Traffic Way at its.intersection with Chico Road. D. Chico Road shall be fully improved from the subdivision's northerly access to . Traffic Way in conformance with City Standard Drawing No. 403 (Rural Collector), or as directed by the City Engineer (Scenario A or B). E. Hidalgo Avenue south of Soledad Avenue shall be improved in conformance with City Standard Drawing No. 403 (Rural Collector), or as directed by the City Engineer. The southerly project access shall align with Hildago Avenue and intersect Soledad Avenue within ten'degrees of perpendicular (Scenario A). 000041 TTM 97003 Conditions Page 5 of 7 F. Stop signs shall be installed on Sycamore Road at its intersection with Hidalgo Avenue. Sycamore Road shall be realigned to intersect Hidalgo Avenue within ten degrees of perpendicular (Scenario A). G. Stop signs shall be installed . on Sycamore Avenue at its intersection with Miramon Avenue (Scenario A). H. Stop signs shall be installed on Soledad Avenue at its intersection with Hildago Avenue. Traffic on Hildago Avenue and the project access road will not be required to stop (Scenario A). I. Private on-site streets shall be constructed in conformance with City Standard Drawing No. 403 (Rural Collector) or as directed by the City Engineer. Fifty -foot wide road easements shall be provided for all on-site streets. J. Private on-site cul-de-sacs shall be constructed in conformance with City Standard Drawing No. 415 (Typical cul-de-sac, Urban) or as directed by the City Engineer. Road easements in conformance with City Standard Drawing No. 415 shall be provided for all cul-de-sacs. K. The applicant shall provide private slope easements as needed to accommodate cut or fill slopes for the private, on-site roads. The applicant shall provide public slope easements as needed to accommodate cut or fill slopes for the public improvements required by these conditions of approval. L. The applicant may be required to overlay existing pavement in order to remedy an inadequate structural section or to remedy a deteriorated paving .surface. Transitions shall be constructed where required to achieve a. smooth join with existing improvements. M. The applicant shall install all street name, traffic signs, traffic striping and pavement marking as directed by the City Engineer. N. The applicant shall install streetlights at the intersection of the project access with Soledad Avenue and Chico Road (Scenario A). The applicant shall install a streetlight at the intersection of the project access with Chico Road (Scenario B). 29. The at -grade railroad crossing on Chico Road shall be improved to conform with the improvement of Chico Road to City Standard Drawing No. 403 (Rural Collector) or as directed by the City Engineer. The railroad crossing improvements shall be reviewed and approved by the Public Utilities Commission (PUC) and Union Pacific Railroad (UPRR). The applicant shall submit evidence that the PUC and UPRR have reviewed and approved the improvements to the existing at -grade railroad crossing (Scenario A or B). 000042 TTM 97003 Conditions Page 6 of 7 30. The applicant shall acquire title or interest in any offsite land that may be required to allow access to the subdivision and construction of the offsite improvements required by these conditions of approval. The applicant shall bear all costs associated with the acquisitions. The applicant shall gain concurrence from all adjacent property owners whose ingress or egress is affected by construction of the improvements required by these conditions of approval (Scenario A or B). Phasing, Maintenance Agreements, Revised Tentative Ma 31. The applicant shall submit a revised phasing plan for review and approval by the Community Development Director and the City Engineer prior to recordation of the final map. The applicant shall construct all improvements necessary to serve each phase of the subdivision as determined by the City Engineer and the Community. Development Director. 32. The applicant shall construct a temporary turn -around at the terminus of all streets which are constructed in phases and exceed one hundred and fifty feet in length. The turn-arounds shall be constructed in conformance with City Standard Drawing No. 430 (Fire Access Standards). The turn-arounds shall have an all-weather surfacing. 33.. The applicant shall submit agreements for the maintenance of all private roads, sewer facilities, drainage facilities and other common -use facilities. The agreements shall be reviewed and approved by the City Engineer and the City Attorney. Recorded copies of the agreements shall be submitted to the City prior to recordation of the final map. 34. The applicant shall submit a revised tentative map which correctly indicates the subdivision boundary and includes the legal description of all property within the subdivision. Community Development Department 1. The final map shall be in conformance with the conditions of Planned Development Overlay Zone No. 14. 2. Construction activities on-site shall be in conformance with the' mitigation measures contained in the Final EIR related to air quality and noise. 3. A reflectorized house number master sign system shall be installed at all street intersections and an individualized reflectorized address sign shall be placed do the right hand side of each residence. 4. Water supply mains and fire hydrants shall be designed, installed and tested and approved by the Water Company and the Fire Department. 000043 TTM 97003 Conditions Page 7 of 7 5. Exterior fencing shall be consistent throughout the project. Design and appearance of fences or walls shall be compatible with the design of the dwellings. Fencing of the individual parcels shall not extend into the front setback beyond the front of the individual residence.. Fencing along the railroad shall be designed and installed to buffer noise from railroad. 6. Tree protection/mitigation plans shall be reviewed and approved prior to the issuance of permits. Final util9ity plans shall eliminate trenching within the dripline of native trees by locating all utility lines away from such trees and driplines. 7. Open spaces and common areas shall be planted with drought tolerant landscaping and shall include the planting of native trees, as defined in the City's Native Tree Ordinance. 8. A landscaping plan shall be submitted and approved. by the Community Development Department for all -open space and common areas. 9. General Plan Amendment 97001 and Zone Change 97002 shall be approved and effective prior to the recordation of the map. 10. This tentative map, approval shall expire two (2) years from the date of final approval unless an extension of time is granted pursuant to a written request received proper to the expiration date. 11. The project design and construction activities shall incorporate the findings and recommendations of the Phase 2 Archeology report. dated September 1998. 12. All construction activity. shall be in conformance with the building standards and regulations (Uniform Building Code) in effect at the time plans are reviewed and approved. 000044 EXHIBIT I RESOLUTION OF DENIAL RESOLUTION NO. PC 1999-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING DENIAL OF A GENERAL PLAN AMENDMENT AND ZONE CHANGE, AND RECOMMENDING DENIAL OF A TENTATIVE MAP THAT WOULD HAVE CREATED 122 HOME SITES AND RELATED AMENITIES AT 3900 TRAFFIC WAY (GPA 97001, ZC 97002, TTM 97003; Midland Pacific) WHEREAS, Midland Pacific Building Corporation requested a general plan amendment, a zoning change, and a tentative tract map to divide an approximately -1'40 -acre site into 131 lots, 122 for home sites and the remainder for associated amenities; and WHEREAS, the site is located in the Residential Suburban (RS) zoning district which would have to be changed to allow the type and density of development proposed; WHEREAS; the Planning Commission conducted a public hearing on the proposed map amendments and tentative map on January 19, 1999, and considered testimony and reports from staff, the applicants, and the public; NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings. The Planning Commission makes the following finding: 1. The applications are not consistent with the General Plan, specifically (PLANNING COMMISSION FILL IN) SECTION 2. Denial. The Planning Commission does hereby recommend denial to the City Council of the general plan and zoning map and text amendments and of the tentative map. On motion by and seconded by foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA , the 000045 Planning Commission Resolution 1999-001 3900 Traffic Way Page 2 WILLIAM ZIMMERMAN, Planning Commission Chair ATTEST: PAUL M. SALDANA, Director Community Development Department 000046