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HomeMy WebLinkAboutPC_2024-10-15_AgendaPacket CITY OF ATASCADERO PLANNING COMMISSION HOW TO OBSERVE THE MEETING: Interested individuals may attend the meeting in-person at Atascadero City Hall. To observe remotely, the meeting may be livestreamed on Zoom. The video recording of the meeting will be available through the City’s website and on the City’s YouTube Channel. To observe remotely using the Zoom platform please visit: https://us02web.zoom.us/j/81712225756 HOW TO SUBMIT PUBLIC COMMENT: Public comment may be provided in-person. Written public comments are accepted at pc-comments@atascadero.org . Comments should identify the Agenda Item Number in the subject line of the email. Such comments will be forwarded to the Planning Commission and made a part of the administrative record. To ensure distribution to the Planning Commission before consideration of an item, please submit comments not later than 12:00 p.m. the day of the meeting. All correspondence will be distributed to the Planning Commission, posted on the City’s website, and be made part of the official public record of the meeting. Please note, comments will not be read into the record. Please be aware that communications sent to the Planning Commission are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under applicable law. Communications will not be edited for redactions and will be printed/posted as submitted. AMERICANS WITH DISABILITIES ACT ACCOMMODATIONS: Any member of the public who needs accommodations should contact the City Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48 hours prior to the meeting or time when services are needed. The City will use their best efforts to provide reasonable accommodations to afford as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Planning Commission agendas and minutes may be viewed on the City's website: www.atascadero.org/agendas. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the Community Development Department and are available for public inspection on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the Planning Commission. The Minutes of this meeting will reflect these numbers. All documents submitted by the public during Planning Commission meetings that are either read into the record or referred to in their statement will be noted in the Minutes and available for review by contacting the Community Development Department. All documents are available for public inspection by appointment during City Hall business hours. WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. CITY OF ATASCADERO PLANNING COMMISSION AGENDA REGULAR MEETING Tuesday, October 15, 2024 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance ROLL CALL: Chairperson Tori Keen Vice Chairperson Jeff van den Eikhof Commissioner Jason Anderson Commissioner Victoria Carranza Commissioner Greg Heath Commissioner Randy Hughes Commissioner Dennis Schmidt APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF THE DRAFT MINUTES OF OCTOBER 1, 2024 • Recommendation: Commission approve the October 1, 2024 Minutes. PLANNING COMMISSION BUSINESS City of Atascadero Planning Commission Agenda Regular Meeting October 15, 2024 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. 3. CEQA STREAMLINING The project includes amendments to Title 9, Planning and Zoning, of the Atascadero Municipal Code to establish objective standards for hillsides, watercourse adjacent areas, archeologically sensitive areas, and historic resources to provide ministerial review processes for permit streamlining. (ZCH23-0061) CEQA: The action is exempt from the California Environmental Quality Act California Public Resources Code §21000, et seq.(CEQA), because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code §21065; CEQA Guidelines §15061(b)(3).) • Recommendation: Staff’s recommendation is for the Planning Commission to adopt the Draft Resolution recommending that the City Council take the following actions: i. Adopt Draft Resolution A, recommending that the City Council introduce an Ordinance to amend Title 9 (Planning and Zoning Code) to adopt discretionary review thresholds and standards for hillsides, historic and archaeological resources, and watercourse adjacent areas; and take such additional, related, action that may be desirable, and ii. Adopt Draft Resolution B, recommending that the City Council introduce an Ordinance to approve a Zoning Map Amendment to remove the Historic Site (HS) Overlay Zone from certain properties containing colony homes and apply the Historical Site (HS) Overlay Zone to State and Federally registered historic resources; and take such additional, related, action that may be desirable, and iii. Adopt Draft Resolution C, recommending that the City Council adopt a local historic resources list, and take such additional, related, action that may be desirable. COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on November 5, 2024 at City Hall, Council Chambers, 6500 Palma Ave., Atascadero, CA. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to, this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting October 15, 2024 Page 4 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the of fice of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and a vailable for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information at (805) 470-3400. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required). 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at (805) 461-5035 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. HOW TO SUBMIT PUBLIC COMMENT: If you wish to comment, please email public comments to: pc-comments@atascadero.org by 12:00 pm on the day of the meeting. Such email comments must identify the Agenda Item Number in the subject line of the email. The comments will be forwarded to the Planning Commission and made a part of the administrative record. If a comment is received after the deadline for submission but before the close of the meeting, the comment will still be included as a part of the administrative record of the meeting but will be forwarded to the Planning Commission the next business day. Please note, email comments will not be read into the record. AMERICAN DISABILITY ACT ACCOMMODATIONS: Any member of the public who needs accommodations should contact the City Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48 hours prior to the meeting or time when services are needed. The City will use their best efforts to provide reasonable accommodations to afford as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Planning Commission agendas and minutes may be viewed on the City's website: www.atascadero.org. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the Community Development Department and are available for public inspection on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the Planning Commission. The Minutes of this meeting will reflect these numbers. All documents submitted by the public during Planning Commission meetings that are either read into the record or referred to in their statement will be noted in the Minutes and available for review by contacting the Com munity Development Department. All documents are available for public inspection during City Hall business hours by appointment. Item 1 PC Draft Minutes of 10/1/2024 Page 1 of 4 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, October 1, 2024 – 6:00 P.M. City Hall 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:00 p.m. Chairperson Keen called the meeting to order at 6:00 p.m. and Vice Chairperson van den Eikhof led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Carranza, Heath, Hughes, Schmidt, Vice Chairperson van den Eikhof and Chairperson Keen Absent: None Vacant: None Others Present: Annette Manier, Recording Secretary Staff Present: Kelly Gleason, Planning Manager Xzandrea Fowler, Senior Planner APPROVAL OF AGENDA MOTION: By Commissioner Schmidt and seconded by Commissioner Heath to approve the Agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None. Chairperson Keen closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF THE DRAFT MINUTES OF AUGUST 6, 2024 1 Item 1 PC Draft Minutes of 10/1/2024 Page 2 of 4 • Recommendation: Commission approve the August 6, 2024 Minutes. MOTION: By Commissioner Anderson and seconded by Commissioner Carranza to approve the Consent Calendar. Motion passed 7:0 by a roll-call vote. PLANNING COMMISSION BUSINESS None PUBLIC HEARINGS 2. 6370 ATASCADERO AVE, EL CAMINO HOMELESS ORGANIZATION The project is a request for an Amendment to the Emergency Shelter Overlay Zone text, the ECHO Operations Management Plan, and the Conditional Use Permit (PLN 2014-1492) to increase the number of client serving beds from 60 to 90, increase the number of meal program participants from 80 to 100, and increase the shower program operation to 15 hours per week on APN 030-341-013. This Amendment would facilitate the construction of a 7,600 SF 2 -story addition to the existing shelter facility. (AMND24-0060). • CEQA: The project is covered by the general rule exemption (CEQA Section 15061 (3)(b) and categorical exemption Class 1 (CEQA Section 15301(c)(2). • Recommendation: Staff’s recommendation is for the Planning Commission to adopt the Draft Resolution recommending that the City Council take the following actions: i. Introduce an ordinance for first reading, by title only, that would approve amendments to the Atascadero Municipal Code Title 9 Chapter 3 Article 23 ES (Emergency Shelter) Overlay Zone text; ii. Approve amendments to Conditional Use Permit (PLN 2014 -1492); iii. Amend the Operations and Management Plan for the El Camino Homeless Organization (ECHO) to allow for an expansion of an existing shelter and programs located at 6370 Atascadero Avenue ; and take such additional, related, action that may be desirable. DISCLOSURE OF EX PARTE COMMUNICATIONS: Commissioner Heath is familiar with some of the projects at ECHO and is familiar with this project through Kiwanis, as they do a lot of work with ECHO. Commissioner Anderson echoed what Commissioner Heath said, and stated they do work through ABC Church, and through Kiwanis, are familiar with ECHO. Vice Chairperson van den Eikhof had no ex parte. 2 Item 1 PC Draft Minutes of 10/1/2024 Page 3 of 4 Commissioner Carranza took a tour with the CEO, Wendy Lewis on Monday, and spends time at their garden. Commissioner Schmidt is a member of Kiwanis, and through that organization, is very familiar with what goes on at ECHO, as well as being familiar through the Church. Commissioner Hughes met with Wendy Lewis on Monday and was able to see what ECHO is all about. Chairperson Keen met with Wendy Lewis and Austin Solheim a few weeks ago and toured the facility which included looking at the location for the future addition. She has also served dinner at ECHO and has made donations. Planner Fowler presented the staff report and answered questions from the Commission. Planner Fowler stated that this project is scheduled for City Council action on November 12, 2024, and that the City Council will be the final decision-making body for the project. Austin Solheim, (Director of Development for ECHO), introduced Rebecca Newman (Architect with Arris Studio Architects) who made a presentation on the project (Exhibit A). Wendy Lewis (CEO for ECHO) also spoke about the presentation and read a letter that was sent in from Kelly Hadley. The applicant team and staff answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke: Jay DeCou, Carol Woodruff, Greer Woodruff, Babette DeCou, John Sanders, Tess Davis-Cheek, Kyle Flaherty and Andrew Hayes. Staff addressed questions raised during public comment. Chairperson Keen closed the Public Comment period. MOTION: By Commissioner Anderson and seconded by Commissioner Hughes to adopt PC Resolution 2024-0016 recommending the City Council approve Text Amendments to the ES (Emergency Shelter) Overlay Zone (AMC 9-3.504), Conditional Use Permit (PLN2014-1492), and the El Camino Homeless Organization (ECHO) Operations and Management Plan for the expansion of an existing shelter and programs within the Emergency Shelter (ES) overlay zone on APN 030-341-013. Motion passed 7:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None 3 Item 1 PC Draft Minutes of 10/1/2024 Page 4 of 4 DIRECTOR’S REPORT Planning Manager Gleason stated that the next meeting will be held on October 15, 2024, and the Commission will hear a project for a development agreement for the site on Viejo Camino and El Camino Real, as well as CEQA streamlining. ADJOURNMENT – 7:40 p.m. The next regular meeting will be on October 15, 2024, at City Hall, 6500 Palma Avenue, Atascadero, CA. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant The following exhibit is available in the Community Development Department: Exhibit A – PPT Presentation by applicant 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 CITY OF ATASCADERO PLANNING COMMISSION STAFF REPORT Item 2 Department: Community Development Date: 10/15/2024 TO: Phil Dunsmore, Community Development Director FROM: Kelly Gleason, Planning Manager PREPARED BY: Kelly Gleason, Planning Manager SUBJECT: DEV24-0075, Newton Development Agreement RECOMMENDATION: Planning Commission adopt Draft PC Resolution recommending that the City Council approve a Development Agreement (in substantial conformance with the attached draft) between Scott Newton and the City of Atascadero for the properties located at 11450 Viejo Camino and 11505 El Camino Real and certifying the proposed Mitigated Negative Declaration prepared for the project. DISCUSSION: REPORT-IN-BRIEF The owner of the subject properties, Scott Newton has requested that the City enter into a De- velopment Agreement to allow for and facilitate future development of the site with up to 42 residential units. A development agreement is a legally binding contract between a property owner and a local government that outlines the terms and conditions for a development project. Under Government Code Section 65867, the Planning Commission is required to conduct a public hearing on development agreements. The Development Agreement will set standards and ex- pectations for future site development and acts outside of the existing zoning code but remains consistent with the intent of the General Plan and the surrounding neighborhood. BACKGROUND The property owner previously submitted use permit applications for a mini-storage development, one in 2018 and one in 2020. Those applications were both denied based on specific findings. In 2024, the owner and City entered into a settlement agreement stemming from an ongoing court case between the owner and the City. In the settlement agreement, the City agreed to process a Development Agreement that would allow for future development of the site with a residential housing project of up to 42 units. This agreement allows the owner to establish uses that would not otherwise be allowed under existing zoning and sets forth City standards and expectations for future development. The Development Agreement would be valid 22 10/15/24 | Item 2 | Staff Report for a period of 10-years. After such time, if the site has not been developed, use and development standards would revert to those of the underlying zoning district. ANALYSIS The subject site is comprised of 2 parcels, one is vacant and the other contains an existing single- family residence. The current General Plan Designation and zoning is Public. The parcels contain an ephemeral drainage that flows during the rainy season. The drainage is a tributary to Paloma Creek and eventually flows to the Salinas River. In order to create developable areas for the site, the owner plans to realign this creek and create a more defined creek channel. The Development Agreement addresses actions and processes realted to this creek realignment as well as other factors related to site development. The key factors are summarized below: 1. Creek Realignment The existing drainage may be realigned to accommodate a future project. Language in the Development Agreement allows for this to occur prior to submittal of any development plan. This will allow the owner or future developer to go through the FEMA process to shift the floodway and floodplain on-site and create certainty about the area of the site that can be developed. This process also includes City review for flood control and Department of Fish and Wildlife, Army Corps of Engineers, and Regional Water Qu ality review for the protection and mitigation related to impacts to any jurisdictional resources. The permitting process is designed to ensure that all water currently accommodated on - site will remain on-site as part of the modifications to the drainage way. This analysis ensures that no downstream impacts will occur and that the modified flood plain l imits do not impact adjacent properties not under the ownership of the applicant. Additional provisions in the agreement also include naturalization of the creek channel and maintenance of a setback between the realigned top of bank and any structures. 2. Future Site Design The Development Agreement allows for future development of up to 42 residential units. No formal development plan is submitted for approval as part of the development agreement and the agreement stipulates that all City development standards must be met by any future development, including all objective design standards. The agreement also limits development to a maximum of 42 units and the owner has agreed not request bonus units through any City or State program requiring granting of concessions for density or development standards in connection with housing projects . 3. Site Access The development site has frontage on both Viejo Camino and El Camino Real. Access from El Camino Real presents challenges in terms of existing road width, traffic management entering and exiting, and slope from the edge of the roadway. Based on these factors, the Development Agreement requires that site access be from Viejo Camino only and requires 23 10/15/24 | Item 2 | Staff Report that the main access driveway align with Bocina Lane to create a safe intersection. The agreement does allow the City Engineer to approve an alternative access location off Viejo Camino should a future developer wish to explore other options, however, Bocina provides the safest alignment and requires the least amount of modifications to road improvements to achieve adequate center turn lanes and sight distance. Emergency access could be allowed from El Camino Real should a secondary access be required by the Fire Marshal. 4. Frontage Improvements The Development Agreement requires full frontage improvements along Viejo Camino, including lane restriping, bike lane, curb, gutter, and sidewalk. The traffic analysis prepared for the project also includes off-site improvements needed for pedestrian connectivity to adjacent commercial uses and the El Camino Real corridor to mitigate impacts to VMT (Vehicle Miles Traveled) through the support of multi-modal options. These improvements include a pedestrian path north to the existing sidewalk at the liquor store frontage and some red curbing to ensure pedestrian safety. Bike lane striping or shared lane sharrow markings are also required along Viejo Camino where gaps in the bike facilities exist. As there is no formal project access from El Camino Real, no frontage improvements are required along this frontage. 5. Applicability of City Codes and Policies The Development Agreement requires any future project to meet existing City codes and regulations unless specifically clarified or superseded by the agreement. Of particular importance are City standards for annexation into the Community Facilities District (CFD) and consistency with affordable housing policies. Current City policy requires all residential projects to annex into the existing CFD to offset costs associated with providing park maintenance and emergency service costs to new residents. The Development Agreement requires annexation into the CFD prior t o permit issuance for any residential unit or recordation of any subsequent map, whichever occurs first. The City currently has an affordable housing policy in place that was adopted in 2003. The policy requires that affordable units be incorporated into new developments requiring legislative approval. Since 2003, regional studies have shown that higher density residential developments, by the nature of unit size and communal site amenities, are accessible to moderate and lower-income residents without the limitations of a formal deed restriction. As this project will meet those density and design parameters, the project is determined to incorporate affordability by design and will not be required to deed-restrict units. TRAFFIC A traffic analysis was completed based on the highest possible intensity of development for the site, assuming build-out with the full 42-unit count. The traffic analysis assumed access from Viejo Camino, consistent with Development Agreement parameters and determined that the 24 10/15/24 | Item 2 | Staff Report surrounding roads and intersections were built to handle the additional trips with recommendations incorporated. As previously stated, recommendations include restriping for center turn lanes, bike and pedestrian facilities along the Viejo Camino frontage and red curbs at various locations leading up to the development. GENERAL PLAN CONSISTENCY Because a Development Agreement is essentially at the same level as a zoning ordinance, the proposed development uses and standards do not need to be consistent with existing zoning, but the ultimate project must be consistent with the General Plan designation for the property. As such, pursuant to Government Code Section 65867.5, Section 1.3 of the Development Agreement contemplates a future General Plan amendment, depending on the nature of the ultimate project to be built. This allows the Development Agreement to be consistent with the General Plan as required by Section 65867.5. It is also important to note that the draft land use plan for the citywide General Plan Update is contemplating changing these parcels and surrounding parcels from a Public Zone to a Multi- Family zone. This Development Agreement will be consistent with anticipated future uses once the General Plan Update is adopted and zoning is implemented early to mid -next year. PROPOSED OVERLAY ZONE To tie the Development Agreement to the property and ensure that future City staff and developers are aware of the specific property agreement, an overlay zone (DA -1) will be applied to the property. The zone text states that the site is subject to the provisions of a Development Agreement. ENVIRONMENTAL DETERMINATION: A Mitigated Negative Declaration (MND) No. 2024-0011 was circulated for public review on October 2, 2024. The MND evaluated maximum development potential outlined in the Development Agreement and addressed any impacts associated with creek realignment. All mitigation measures identified in the document are incorporated into the Development Agreement as Attachment 1, exhibit “a”. Some mitigation measures have been modified for clarity. These changes are incorporated into the attached document and will be incorporated into Planning Commission’s recommendation. CONCLUSION: • Approval of this Development Agreement provides a path forward future development of the site in a manner that achieves the goals of both the City and the property owner. • The Agreement provides certainty as to density and realignment of the creek to ensure that certain development rights and expectations are retained into the future. • Provisions are included to ensure that all local, State, and federal regulations are followed regarding the realignment of the creek and any other applicable site modifications. FINDINGS: To recommend approval of the Development Agreement and associated actions, the Planning Commission must find that the provisions of the agreement are consistent with the General Plan and any applicable Specific Plan. There are no Specific Plans established on or within the 25 10/15/24 | Item 2 | Staff Report immediate vicinity of the subject development site and the development Agreement requires that any future project be consistent with the General Plan Land Use designation or that the application include an amendment to the General Plan Land Use designation to ensure consistency. ALTERNATIVES: 1. The Planning Commission may recommend modifications to the provisions of the draft Development Agreement. 2. The Planning Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required. A motion, and approval of that motion, is required to continue the item to a future date. 3. The Planning Commission may recommend that the City Council not approve the proposed Development Agreement and continue with current litigation proceedings . REVIEWED BY OTHERS: This report and the draft Development Agreement has been reviewed by the City Attorney, Planning staff, and City Engineer. REVIEWED AND APPROVED FOR PLANNING COMMISSION AGENDA Phil Dunsmore, Community Development Director ATTACHMENTS: 1. Draft PC Resolution a. Draft Development Agreement b. Proposed Overlay Zone Text c. Proposed Zoning Map Amendment 26 DRAFT PC RESOLUTION AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING A DEVELOPMENT AGREEMENT WITH SCOTT NEWTON FOR 11450 VIEJO CAMINO AND 11505 EL CAMINO REAL NEWTON DEVELOPMENT AGREEMENT (DEV24-0075) WHEREAS, Scott Newton (“Owner”) is the owner of real property located at 11450 Viejo Camino (APN 045-342-009) and 11505 El Camino Real (APN 045-342-010) within the City (the “Property”). WHEREAS, in 2018, Owner applied for a use permit to permit a self-storage facility on the Property (“Project 1”) which was denied by City Council on appeal; and WHEREAS, in 2020, Owner applied for a second use permit to permit a modified self- storage facility on the Property (“Project 2”) which was denied by City Council on appeal; and WHEREAS, Owner subsequently filed litigation against the City, alleging various claims against City over City’s application and hearing process; and WHEREAS, the City Council agreed to accept and process an application for a development agreement as part of a settlement agreement with Owner arising out of the litigation commenced by Owner against the City; and WHEREAS, the settlement agreement provided that the development agreement would be processed pursuant to State law and any applicable local requirements; and WHEREAS, Government Code Section 65865 allows the City to enter into development agreements with any person having a legal or equitable interest in real property; and WHEREAS, Government Code Section 65867.5 requires a development agreement be adopted by ordinance; and WHEREAS, an Overlay Zone is being processed concurrently to tie the development Agreement to the subject Property; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Draft Development Agreement and associated entitlements was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and 27 WHEREAS, after due study and deliberation, the Planning Commission found that the draft development agreement is consistent with the General Plan, and that it contains those matters required in a development agreement by State law; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero, California makes the following findings, determinations and recommendations with respect to the proposed Development Agreement and Overlay Zone: SECTION 1. Recitals: The above recitals are true and correct and incorporated herein as if set forth in full. SECTION 2. Public Hearings. The Planning Commission held a duly noticed public hearing to consider the project on October 15, 2024 and considered testimony and reports from staff and the public. SECTION 3. Findings. The Planning Commission finds that the Development Agreement is consistent with the General Plan. SECTION 4. CEQA. The City of Atascadero prepared an Initial Study to determine if the proposed project would have a significant adverse effect on the environment. The Initial Study found that no impacts of significance were identified. Consequently, a Mitigated Negative Declaration was prepared for the Project. Adoption of Mitigated Negative Declaration No. EDN 2024-0011 will satisfy the requirements of CEQA for the adoption of the Development Agreement. SECTION 5. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 15, 2024, resolved to recommend that the City Council adopt and ordinance to approve a Development Agreement and associated Zoning Map and Text Amendment to establish an Overlay Zone on the subject property in substantial conformance with Exhibits A, B, and C, attached hereto and included by reference. 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. On motion by Commissioner ____________________, and seconded by Commissioner _____________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) 28 ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Tori Keen Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 29 Exhibit A: Draft Development Agreement 30 1 DEVELOPMENT AGREEMENT1.0 Recitals 1.1 Legal Authority for a Development Agreement. Pursuant to California Government Code sections 65864-65869.5 (the “Development Agreement Statute”) the City of Atascadero (“City”) hereby enters into this Development Agreement (hereinafter "Agreement") with Scott Newton (“Owner”). The 2 2.0 Benefits 2.1 City. Under the policies, ordinances and regulati 3 issuance of any residential permit or recordation of an y subsequent subdivision map, whichever occurs first. 3.1.2 Subject to the City’ s exercise of its police power authority and applicable limitations on development agreements in state law, th e Owner shall have a vested right to: (i) receive from the City all future development appr ovals for the Property that are consistent with the Project Approvals; (ii) not have such approvals be conditioned or delayed for reasons which are inconsistent with this D evelopment Agreement; and (iii) develop the Property in a manner consistent with such future development approvals in accordance with this Development Agreement. Any futur e development approvals for the Property, including without limitation general plan am endments, zoning changes, or parcel maps or tract maps, shall upon approval of the City be ve sted in the same manner as provided in this Development Agreement. In furtherance of the foregoing, the Owner retains the right to apportion the uses, intensities and densities, between itself and any other owners of the Property, upon the sale, transfe r or assignment of any portion of the Property, so long as such apportionment is consistent with the future entitlements obtained from the City, and this Development Agreement. 3.1.3 City may apply to the Project and the Property any rul 4 Agreement Statute and case law construing or interpreting Development Agreements, except as expressly modified by this Agreement. 3.1.6 This Agreement shall be subject to all the requiremen ts and obligations of a Development Agreement under the Development Agreement Statute. Nothing herein shall prevent City from applying to the Project standards contained in uniform building, construction, fire or other uniform codes, as the same may be adopted or amended from time to time by City, provided that the provisions of any such uniform code shall: (i) Apply to the Project only to the extent that such code is in 5 3.1.10 City will allow a grading permit and realignment of the water way before submittal of the development application upon receipt of approvals for water way realignment from applicable state and/or federal agencies. 3.1.11 City Owner may request expedited processing for all c onstruction and building permits at the rates established in the City’s master fee schedule and/or direct charges from the outside consulting plan checkers. 3.2 Owner. Owner agrees to the following restrictions and conditions on the Project: 3.2.1 Owner will dismiss the litigation within five busine 6 3.2.6 Frontage improvements shall be required on Viejo Camino to include concrete curb, gutter, and sidewalk (5-ft.) to accommodate the existi ng bike lane (5-ft.). 3.2.7 Street trees will be provided at a maximum spacing of 30-feet on-center to be planted behind sidewalk along Viejo Camino, and along El Camino Real outside the City’s current right-of-way. Naturalized tree groupings may b e permitted at a distance greater than 30 feet. 3.2.8 The project will design and construct and dedicate a v ehicular access and public utilities easement for city maintenance needs unless al ternative access to manholes is provided through circulation design of the project. If the easement remains the primary city access, the accessway must be constructed of base and bu ilt to carry the weight of the City’s sewer cleaning truck. Owner shall dedicate an additional five-foot wide easement immediately adjoining the existing easement, on the s outhern Property boundary line, to ensure the City has unobstructed access to the existi ng easement once the floodway realignment has occurred. Owner agrees that the top of bank of the realigned floodway shall be a minimum of seven and one-half (7.5) feet from the City’s existing sewer line in the easement. 3.2.9 All new and relocated utilities on the Project site will be undergrounded. 3.2.10 A pedestrian connection across the creek shall be prov ided internal to the project. 3.2.11 Creek crossings for both vehicles and pedestrians may utilize precast concrete or HDPC culverts and will not be deemed as “channelization.” 3.2.12 Except as set forth in Section 4.1, Owner agrees that he shall not develop the Property with more than 42 residential units, nor sh all he apply for a density bonus or other waivers, incentives or concessions pursuant to Government Code Section 65915 or subsequently adopted similar statutes that require a p ublic agency to grant density bonuses for specified reasons. 3.2.13 Owner acknowledges and agrees that the terms and provisions of this Agreement specifically permit City in some instances to impose r equirements upon the Project that City would not otherwise be able to impose due to a l ack of nexus, rough proportionality or reasonable relationship between the Project and such r equirement or other reasons. To the extent any such requirement is imposed by City upon the Project consistently with the terms and provisions of this Agreement, Owner waives any right to challenge the imposition of such requirement by City. 36 7 4.0 Project Development 4.1 Conflicting enactments. Except as otherwise provided herein, any change in the Applicable Rules, including, without limitation, any change in any applicable general, area or specific plan, zoning, subdivision or building reg 8 subjective business judgment. City shall not attempt to limit or restrict the timing of development of the Project except in accordance with the terms of this Agreement. 4.5 Owner shall complete the Project not later than twel 9 and public hearings, or placement upon the agenda of the Planning Commission or the City Council. “Minor modification” is defined as any modification to the Project which will just in cost increases of less than $250,000.00, or any mutually agreed upon modification. 4.9 Cooperation. The provisions of this Agreement require a close degree of good faith cooperation between the City and Owner. Implementatio n of the Project may require minor 10 not delay or stop the development, processing or con struction of the Project, or issuance of Ministerial Approvals, unless the third party obtain s a court order enjoining or otherwise preventing the activity. City shall not stipulate the issuance of any such order. 5.4 11 determines for any reason that it no longer intends to develop the Project, then it may deliver notice of such determination to City, and Ow ner shall not be liable for any defense costs incurred by City more than 90 days following the delivery of such notice. 5.7 City Cooperation and Discretion. City agrees to coop erate with Owner in obtaining the approval of other public agencies by providing any documents or certificates reasonably required to process and obtain such permits and approvals from other public agencies. City retains full discretion in any future discretionary actions with respect to the Project consistent with the Applicable Rules and section 5.6 herein. 6.0 General Provisions 6.1 Covenants Run with the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successo rs (by merger, reorganization, consolidation or otherwise) and assigns, devises, administrators, representatives, lessees, and all other persons acquiring the Project, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoeve r, and shall inure to the benefit of the parties and their respective heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Civil Code Section 1468. 6.2 Transfer and Assignment. Right to Assign. Owner shall have the right to sell, assign or transfer all or portions of the real property compr ising the Project to any person at any time during the Term of this Agreement. Upon the delegation of all duties and obligations and the sale, transfer or assignment of all or any portio n of the Property, Owner shall be released from its obligations under this Agreement with respect to the Property, or portion 12 Agreement by such transferee, City agrees to look sol ely to the transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Property acquired by such transferee. A default by any transferee shall only 13 at its option, may institute legal proceedings pursu ant to this Agreement and/or give notice of intent to terminate this Agreement, in the manner provided by Government Code Section 65867 for adoption of a development agreement. 6.5 Default Remedies. In addition to that provided for in Section 6.4, in the event either party defaults (as defined in Section 6.4) under the te rms of this Agreement, the other party shall have all rights and remedies provided herein or u nder applicable law, including the specific performance of this Agreement. 6.6 Legal Action. Any party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy any default, e nforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, or enforce by specific performance the obligations and rights of the parties h ereto. Venue in any legal action instituted in the Superior Court of the State of Cal ifornia shall be San Luis Obispo County. Venue in any legal action instituted in United States District Courts shall be in the Central District of California. Owner hereby consents to per sonal jurisdiction in these respective courts for that purpose. 6.7 Waiver & Remedies. Failure by City or Owner to insist upon the strict performance of any of the provisions of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of the right to demand strict compliance with this Agreement in the future. No waiver by City or Owner of a default or breach of any 14 6.9 Permitted Delays & Supersedure By Subsequent Laws. 6.9.1 Permitted Delays. In addition to any specific provisions of this Agreement, performance of obligations hereunder shall be excused and the Term of Agreement shall be similarly extended during any period of delay caused at any time by reason of: acts of God, such as floods, earthquakes, fires, or similar catastrophe s; wars, riots or similar hostilities; 15 (60) days following the Review Date, written notice that the City intends to undertake such review for the annual period ending with the Review D ate. Owner shall be required to pay to City such fees as are established by City Council reso lution for the annual review of a development agreement, if any. Such fees shall be lim ited to the reasonable costs incurred by the City in conducting the Annual Review , if any. Owner shall provide evidence of good faith compliance with the terms and condition s of this Agreement to the Planning Department within thirty (30) days following receipt of the Planning Department’s notice. The Planning Department shall review the evidence subm itted by Owner and shall, within thirty (30) days following receipt of Owner’s eviden ce, make a recommendation to the City Council either (1) that the City Council find that Ow ner has demonstrated good faith compliance with the terms and conditions of this Agre ement, or (2) that the City Council finds that Owner has not demonstrated good faith compl iance with the terms and conditions of this Agreement, setting forth with specificity the basis on which the Planning Department makes its recommendation of a finding of non -compliance. In the event the City Council finds that Owner has not demonstrated go od faith compliance with the terms and conditions of this Agreement, City may terminate this agreement pursuant to Government Code Section 65865.1. In the event that C ity does not initiate an annual review or that the City Council does not make its determination within six months of the Review Date for a given year, then it shall be deemed conclus ively that Owner has complied in good faith with the terms and conditions of this Agreement during the period under review. 7.0 Miscellaneous Provisions 7.1 Incorporation of Recitals and Exhibits. Exhibits A through C attached hereto and referred to herein are incorporated in this Agreemen t as though fully set forth in the body hereof. 7.2 Negation of Partnership. The Project constitutes private development, neither City nor Owner is acting as the agent of the other in any re spect hereunder, and City and Owner are independent entities with respect to the terms and conditions of this Agreement. None of the terms or provision of this Agreement shall be deemed to create a partnership between or among the parties in the businesses of Own 16 7.4 Entire Agreement. This Agreement as augmented by the Project Approvals sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancill ary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 7.5 Severability. Invalidation of any of the provisions co ntained in this Agreement, or of the application thereof to any person, by judgment or 17 City Manager City of Atascadero 6500 Palma Ave Atascadero CA 93422 Email: jlewis@atascadero.org Copy to: David Fleishman City Attorney Richards, Watson & Gershon 847 Monterey Street, Ste 206 San Luis Obispo CA Email: dfleishman@rwglaw.com Owner: Scott Newton 215 Santa Fe Ave Pismo Beach CA 93449 Email: Scott@manyfigs.com Copy to: Kate Neiswender 18 City or Owner may change its mailing address at any time by giving written notice of such change to the other in the manner provided herein at least ten (10) days prior to the date 19 David Fleishman, City Attorney OWNER _____________________________ Scott Newton _____________________________ Kate M. Neiswender, Counsel for Owner 49 20 EXHIBIT A: Legal Description Forthcoming 50 21 EXHIBIT B: Concept Creek Realignment Plan 51 22 EXHIBIT C: Mitigation Monitoring Program See Following 52 MITIGATION MEASURE TIMING Aesthetics AES-1.1 All site retaining walls shall be constructed or clad in a natural looking material that blends with the surrounding site context. Retaining walls shall be dark colored split face block, rock/stone clad, or similar material and/or color profile. Prior to Permit Issuance Air Quality AQ 2-1 The project shall comply with the following SLO APCD Standard Mitigation Measures for reducing nitrogen oxides (NOx), reactive organic gases (ROG)and diesel particulate matter (DPM) emissions from construction equipment: • Maintain all construction equipment in proper tune according to manufacturer’s specifications; • Fuel all off-road and portable diesel-powered equipment with ARB certified motor vehicle diesel fuel (non-taxed version suitable for use off-road); • Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner offroad heavy-duty diesel engines, and comply with the State Off-Road Regulation; • Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification standard for on-road heavy-duty diesel engines, and comply with the State On-Road Regulation; • Construction or trucking companies with fleets that that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g., captive or NOx exempt area fleets) may be eligible by proving alternative compliance; • All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5-minute idling limit; • Diesel idling within 1,000 feet of sensitive receptors is not permitted; • Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; • Electrify equipment when feasible; • Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and, • Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. During construction 53 MITIGATION MEASURE TIMING AQ 2-2 The project shall comply with the following SLO APCD Fugitive Dust Mitigation Measures for projects with nearby sensitive receptors and/or earthwork exceeding 4-acres to minimize nuisance impacts and to significantly reduce fugitive dust emissions: • Reduce the amount of the disturbed area where possible; • Use of water trucks or sprinkler systems, in sufficient quantities to prevent airborne dust from leaving the site and from exceeding the APCD’s limit of 20% opacity for greater than 3 minutes in any 60-minute period. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. Please note that during drought conditions, water use may be a concern and the contractor or builder shall consider the use of an APCD-approved dust suppressant where feasible to reduce the amount of water used for dust control. • All dirt stock pile areas should be sprayed daily as needed; • Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities; • Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non-invasive grass seed and watered until vegetation is established; • All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; • All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; • Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; • All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114; • “Track-Out” is defined as sand or soil that adheres to and/or agglomerates on the exterior surfaces of motor During construction 54 MITIGATION MEASURE TIMING vehicles and/or equipment (including tires) that may then fall onto any highway or street as described in California Vehicle Code Section 23113 and California Water Code 13304. To prevent Track Out, designate access points and require all employees, subcontractors, and others to use them. Install and operate a “track-out prevention device” where vehicles enter and exit unpaved roads onto paved streets. The track-out prevention device can be any device or combination of devices that are effective at preventing track out, located at the point of intersection of an unpaved area and a paved road. Rumble strips or steel plate devices require periodic cleaning to be effective. If paved roadways accumulate tracked out soils, the track-out prevention device may need to be modified. • Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible; • All of these fugitive dust mitigation measures shall be shown on grading and building plans; and • The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD. Compliance Division prior to the start of any grading, earthwork or demolition. AQ 2-3 The Project shall comply with the following SLO APCD Diesel Idling Restrictions for Construction Phases to reduce air quality impacts to nearby sensitive receptors: • Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; • Diesel idling within 1,000 feet of sensitive receptors is not permitted; • Use of alternative fueled equipment is recommended whenever possible; and, • Signs that specify the no idling requirements must be posted and enforced at the construction site. • Idling Restrictions for On-road Vehicles. Signs must be posted in the designated queuing areas and job sites to remind drivers of the 5-minute idling limit consistent with Section 2485 of Title 13, the California Code of Regulations Prior to permit issuance 55 MITIGATION MEASURE TIMING • Idling Restrictions for off-Road Equipment. Signs shall be posted in the designated queuing areas and job sites to remind off-road equipment operators of the 5-minute idling limit pursuant to Section 2449(d)(3) of the ARB’s In-Use off-Road Diesel regulation. Biological Resources BIO 1-1 Pre Construction Surveys for Roosting Bats: Within 30 days prior to removal of existing structures and/or mature trees, a sunset survey shall be conducted by a qualified biologist to determine if bats are roosting on site. If bats are present, a follow-up acoustic monitoring survey shall be completed to determine, if feasible, which species are present. If roosts of special-status bat species are identified and will be impacted during the proposed project, CDFW will be consulted to determine appropriate measures to be implemented. If it is determined that no special-status bats are present, the project shall proceed under the guidance of a qualified biologist, in a manner that minimizes impacts to individual bats and roosts (e.g., conducting work only during the day or installing one-way exclusions prior to work). Prior to permit issuance BIO 1-2 Pre Construction Surveys for Nesting Birds: If work is planned to occur between February 1 and September 15, a qualified biologist shall survey the area for nesting birds within one week prior to activity beginning on site. If nesting birds are located on or near the proposed project site, they shall be avoided until they have successfully fledged or the nest is no longer deemed active. A non-disturbance buffer of 50 feet will be placed around non-listed, passerine species, and a 250-foot buffer will be implemented for raptor species. All activity will remain outside of that buffer until a qualified biologist has determined that the young have fledged or that Prior to permit issuance 56 MITIGATION MEASURE TIMING proposed construction activities would not cause adverse impacts to the nest, adults, eggs, or young. If special-status avian species are identified, no work will begin until an appropriate buffer is determined in consultation CDFW, and/or the USFWS. BIO 2-1 Protection of Hydrologic Resources: Construction within and immediately adjacent to the drainage shall occur only when conditions are dry. For short-term, temporary stabilization, an erosion and sedimentation control plan shall be developed outlining Best Management Practices (BMPs), which shall be implemented to prevent erosion and sedimentation into the channel during construction. Acceptable stabilization methods include the use of weed-free, natural fiber (i.e., nonmonofilament) fiber rolls, jute or coir netting, and/or other industry standards. BMPs shall be installed and maintained for the duration of the construction period. In addition, the following general measures shall be implemented during construction: • The limits of disturbance within the existing drainage feature shall be clearly shown on all sites plans and flagged within the drainages prior to project implementation. All construction personnel shall be directed to avoid impacts to the areas immediately upstream and downstream of the proposed development including the existing culvert features located at El Camino Real and Viejo Camino. • All equipment and materials shall be stored out of the streambed at the end of each working day, and secondary containment shall be used to prevent leaks and spills of potential contaminants from entering the stream. • During construction, washing of concrete, paint, or equipment and refueling and maintenance of equipment shall occur only in designated areas a minimum of 50 feet from all drainages and aquatic features. Sandbags and/or sorbent pads shall be available to prevent water and/or spilled fuel from entering drainages. Prior to permit issuance/During construction 57 MITIGATION MEASURE TIMING • Construction equipment shall be inspected by the operator on a daily basis to ensure that equipment is in good working order and no fuel or lubricant leaks are present. BIO 2-2 Compensatory Mitigation Plan: A compensatory mitigation plan shall be developed to offset permanent impacts to jurisdictional areas. The exact details and performance criteria of the restoration plan shall be determined during agency coordination with CDFW, RWQCB, and USACE, as necessary. Stabilization and restoration measures may include the installation of BMPs and/or revegetation using native seed mixes and plantings. Prior to project initiation, all applicable agency permits with jurisdiction over the project area (i.e., USACE, CDFW, and RWQCB) should be obtained. Additional mitigation measures required by these agencies would be implemented as necessary. Prior to permit issuance BIO 2-3 Agency Permitting: Prior to issuance of any permits for grading or construction on-site, the applicant shall obtain permits from the following agencies, and any other agencies as necessary: • California Department of Fish and Wildlife (CDFW) • US Army Corps of Engineers (USACE) • Regional Water Quality Control Board (RWQCB) Any mitigation measures required by the above listed permits shall be implemented to their fullest extent. City shall not require any modifications to the approvals issued by any state and/or federal agencies. Prior to permit issuance BIO 3-1 Creek Channel Naturalization: The realigned creek shall be constructed in a manner which maintains and enhances natural flows and vegetation. A minimum 20-foot setback shall be maintained from the top of creek bank to any structures. Vehicular or pedestrian crossings of the re-aligned creek shall be permitted as part of any future development. Such crossings shall be designed as culvert crossings and shall Prior to permit issuance/Permit final 58 MITIGATION MEASURE TIMING obtain any required permits from agencies prior to construction. BIO 3-2 Wetland Restoration: Should wetland impacts occur, and wetland restoration be required on-site, the wetlands shall be monitored for a period of not less than 5-years. Annual reports from a qualified biologist shall be submitted to the City addressing any irrigation modifications or replanting that may be required to ensure successful naturalization of the restored wetland habitat. A contract with a qualified biologist shall be entered into prior to final of the development permit. Post construction BIO 4-1 Special Status Species Plant Surveys: Prior ground disturbing activities and when plants with potential to occur are in a phenological stage conducive to positive identification (i.e., usually during the blooming period for the species), a qualified biologist shall conduct surveys for special status plant species within the project site. Valid botanical surveys will be considered current for up to five years; if construction has not commenced within five years of the most recent survey, botanical surveys must be repeated. Prior to permit issuance BIO 5-1 Implementation of Best Management Practices: • Prior to ground disturbing and/or vegetation removal activities, a setback area of 20-feet from the drainage will be fenced with orange construction fencing and signed to prohibit entry. Fencing should be located a minimum of 20 feet from the OHWM and shall be maintained throughout the construction or until regulatory permits to impact the drainage have been acquired. • To control sedimentation during and after project implementation, appropriate erosion control best management practices (i.e., installation of silt fencing) will be implemented to minimize adverse effects on the drainage. The silt fencing shall be installed prior to commencing construction in adjacent areas and maintained throughout construction or until regulatory permits to impact the drainage have been acquired. • Any substances which could be hazardous to aquatic species resulting from project-related activities will be prevented from entering the drainage. All refueling, maintenance, and staging of equipment and vehicles shall occur at least 50 feet from the drainage and in a location where a potential spill would not drain directly toward the drainage. Prior to the onset of work During construction 59 MITIGATION MEASURE TIMING activities, a plan will be in place for prompt and effective response to any accidental spills. Water Quality and Hydrology WQH 1-1 The applicant shall obtain all necessary permits form the Regional Water Quality Control Board. Prior to permit issuance WQH 2-1 Prior to issuance of any building permits, a FEMA Conditional Letter of Map Revision (CLOMR) must be issued and received by the City Engineer. Prior to permit issuance WQH 2-2 The project design and construction shall comply with the CLOMR. Prior to a final inspection or Occupancy release, the developer must apply for and be issued a FEMA Letter of Map Revision (LOMR) and a copy filed in the Office of the City Engineer. Prior to C of O Land Use and Planning LUP 1-1 See BIO 3-1 and BIO 5-1 Transportation / Traffic TR 1-1 The primary access shall be from Viejo Camino at Bocina Lane or La Paloma Court as approved by the City Engineer. A left turn lane shall be provided into the project site. Widen street, as needed, to accommodate lane configuration if entrance aligns with La Paloma Court. Prior to permit issuance TR 1-2 A Class II bike lane, curb, gutter, and sidewalk shall be installed along the Viejo Camino project frontage. Prior to C of O TR 1-3 The travel lanes on Viejo Camino east of El Camino Real shall be reduced to accommodate a bike lane or shared lane markings shall be installed within the existing Class II bike lane gap(s), subject to approval of the City Engineer. Prior to C of O TR 1-4 Install red curb at the El Camino Real / Viejo Camino intersections and driveways into the existing commercail development for pedestrian safety to and from the site. Prior to C of O 60 MITIGATION MEASURE TIMING TR 1-5 Provide an asphalt pedestrian pathway connection from the project site frontage to the existing sidewalk east of El Camino Real at the existing commercail development. Prior to C of O 61 Exhibit B: Zoning Text Amendment 9-3.695: Establishment of Development Agreement Overlay No. 1 (DA1) Planned Development Overlay Zone No. 39 is established as shown on the Official Zoning Maps (Section 9-1.102 of this title) on parcels APNs 045-342-009 and 045-342- 010. The subject properties are subject to the provisions of a Development Agreement recorded against the property in San Luis Obispo County and on file with the City of Atascadero. 62 Exhibit C: Zoning Map Amendment Current Zoning Designation: Public (P) Amended Zoning Designation: Public / Development Agreement No. 1 (P/DA1) Subject Parcels: APNs 045-342-009 and 045-342-010 63 CITY OF ATASCADERO PLANNING COMMISSION STAFF REPORT Item 3 Department: Community Development Date: 10/15/2024 TO: Phil Dunsmore, Community Development Director FROM: Kelly Gleason, Planning Manager PREPARED BY: Genevieve Sharrow, Phil Dunsmore, and Kelly Gleason SUBJECT: ZCH23-0061, CEQA Thresholds Ordinance Citywide Zoning Code Update RECOMMENDATION: Planning Commission adopt the following: • Draft Resolution A, recommending that the City Council introduce an ordinance to amend Title 9 (Planning and Zoning Code) to adopt discretionary review thresholds and standards for hillsides, historic and archaeological resources, and watercourse adjacent areas; and • Draft Resolution B, recommending that the City Council introduce an ordinance to approve a Zoning Map Amendment to remove the Historic Site (HS) Overlay Zone from certain properties containing colony homes and apply the Historical Site (HS) Overlay Zone to State and Federally registered historic resources; and • Draft Resolution C, recommending that the City Council adopt a generalized local historic resources list. DISCUSSION: The City’s Housing Element includes policies designed to streamline the development review process, particularly for housing development. A significant factor in the development review process is the staff and applicant time devoted to California Environmental Quality Act (CEQA) compliance. In Atascadero, many residential projects are not exempt from the CEQA process due to existing Title 9 thresholds for the initiation of CEQA review. Through the adoption of specific development standards for development projects, the City can help guide many projects to occur in compliance with standards rather than triggering an environmental review process. Staff processes approximately 6-10 environmental documents a year for single-family residential projects. Each project subject to CEQA review requires tribal notification and collaboration, completion of an initial study which takes about 15 hours of staff time, posting at the County and on the State website for public review, mailings to neighboring property owners and residents, and posting of the final Notice of Determination at the County and on the State website. This process adds 60 days or more to the permitting process for a single residence and adds considerable cost, both in terms of City and State fees. 64 10/15/2024 | Item 3 | Staff Report On April 28, 2020, the City Council authorized staff to pursue grant funding through LEAP to complete work to adopt standards that, when followed, can streamline projects through the development process and avoid the need to go through the CEQA process. In April 2023, the City of Atascadero released a request for proposals from qualified design professionals, and hired MIG, Inc. to assist the City in this process. This work is supplemental to the Objective Design Standards Zoning Code amendments adopted by Council in June 2024. Development and adoption of these additional standards and new CEQA thresholds will: • Save considerable staff time; • Save developer time and money and deliver defined expectations creating a clear under- standing of property development requirements early in the design process; and • Implement permit streamlining in line with the City’s Housing Element and State goals and policies. Topic areas include: • Hillside Development and Grading • Watercourse-Adjacency Standards • Historic Resources • Sensitive Resource Areas (archaeological) EXISTING OUTSIDE AGENCY DEVELOPMENT FRAMEWORK During the development review and permitting process, the City is required to follow State and regional laws in addition to local codes and policies in determining project consistency. State law, however, allows local jurisdictions to adopt their own CEQA thresholds to determine if projects are processed ministerially (approved with only a construction permit) or discretionarily (requiring some level of findings and conditions to be made through a hearing or other determination). Only discretionary projects are subject to CEQA analysis; however, all projects must meet State, regional, and local requirements. At this time, the threshold for discretion for many single-family or otherwise straightforward projects may be considered low in certain areas, triggering potentially unnecessary CEQA review and related tasks, without serving a real environmental purpose. EXISTING CITY STANDARDS Title 9 requires a Precise Plan (discretionary review) on otherwise allowed development projects when grading occurs on slopes of over 20%. Title 9 also allows the Community Development Director to determine that discretionary review is warranted in other scenarios where the project may create other environmental impacts, such as creek interference, archaeology resource disturbance, and historic resource modifications (AMC 9-2.109). This triggers CEQA analysis for many single-family residences on sloped sites, resulting in the preparation of an environmental document and substantial time prior to the issuance of development permits. Instead of reducing the impacts to the site, the environmental document becomes a declaration of the potential impacts, while the mitigation measures adopted through CEQA only result in slight project adjustments and are generally similar for almost all single-family projects. This is because CEQA is primarily a public notification tool used to notify interested parties of a given project’s impacts rather that a prescriptive law that identifies implementation strategies to limit impacts. 65 10/15/2024 | Item 3 | Staff Report • The proposed new development standards are designed to streamline the review process and provide compatibility with the environmental setting. • The existing discretionary process would remain for any projects that cannot or does not want to conform to the standards. ANALYSIS: HILLSIDE DEVELOPMENT AND GRADING The development of single-family parcels represents the majority of hillside development. Many of the remaining vacant rural lots have significant construction and access challenges. Grading for driveways and home sites can create a significant aesthetic i mpact and result in the removal of larger numbers of native trees; however, there are no state or local regulations that prohibit the development of legal lots that are zoned for residential development. The new standards are intended to clarify requirements, streamline the process, and provide expectations to property owners early in their development process. The City currently has a number of code standards and policies that provide guidance to reduce the impacts of hillside grading. However, due to the existing discretionary trigger for grading on slopes of 20% or greater, all projects on hillsides with a slope of 20% or more trigger CEQA analysis even if all code and policy standards are met and no other significant impacts are identified. The intent of this code update is to exempt a hillside project from CEQA if it can be developed consistently with adopted City standards, even when the site is greater than 20% slope, eliminating unnecessary discretionary review. Existing code and standards related to hillside grading include: 1) Hillside Grading • Hillside Grading Policy: The City’s Hillside Grading Guidelines were developed in re- sponse to discussions at the City Council’s 2004 strategic planning session and were adopted on May 23, 2004 as a formal City policy. The policy includes general guide- lines for development on steeper slopes. • Grading standards are codified in Title 9, Sections 9-4.139 through 9-4.146, with ad- ditional grading-related sections 9-4.148 through 9-4.154 addressing erosion and drainage. In addition to requirements for applications and materials, this existing sec- tion includes the requirement for CEQA review where slopes exceed 20% or involve more than 5,000 cubic yards of earth moving. 2) Drainage • Municipal Code 9-4.148 through 154 requires that drainage plans be prepared for any development project that involves substantial land disturbance, creates signifi- cant impervious surface, or otherwise impacts erosion, flooding, or hillside develop- ment over 10% in slope. Under the current hillside grading standards, a project that proposes grading on slopes of 20% or greater is considered a discretionary project subject to CEQA analysis. The CEQA process still applies even if the project complies with the code and incorporates all required design features. 66 10/15/2024 | Item 3 | Staff Report Proposed code standards: The proposed Title 9 text amendments build on existing policies and code requirements to refine the line between a ministerial hillside development project and one that still requires CEQA analysis to address unique or significant impacts. Projects that comply with the following measures would not be required to apply for a Precise Plan (CEQA) and would be processed ministerially: 1) Projects grading a development area equivalent to 10,000 square feet or less 2) Building Pads: a. Slopes up to 20%: flat pad grading is allowed for a typical slab. b. Slopes 20%+: Foundations must incorporate building techniques to minimize soil disruption such as split levels, benching, step and stem walls, etc. 3) The height of the lowest finished floor of a building must be 12 feet or less in height above the slope below the finish floor. 4) Grading for yards and other outdoor recreation must be less than 50% of the primary structure’s footprint 5) Retaining walls are limited to 8-feet in height (12 feet if integral to the foundation of a structure) and must be separated by 5-feet 6) Native tree removal is limited to no more than 30% of the total on -site canopy or 10,000 square feet (whichever is less) and retaining walls must protect dripline areas. Commer- cial development projects would be exempt from these standards. All tree removals would still be subject to mitigation per the City’s Native Tree Ordinance. Projects that do not comply with these standards would still be processed under a Precise Plan application, which involves a CEQA analysis. WATERCOURSE- AND WETLAND-ADJACENT DEVELOPMENT The City does not currently have standards for how new projects may be developed or how items may be placed within creek corridors or adjacent to watercourse or wetland areas. Therefore, each new project that develops near these resources must comply with DFW, ACE, and/or Regional Board standards, and the limited guidance set by the City’s current General Plan. In 2018, the City prepared its Local Area Management Plan (LAMP), which implements Regional Water Quality Control Board standards at the local level. The City’s LAMP sets a 100-foot setback from creeks to on-site wastewater leach lines and 200-feet from wetlands to on-site wastewater leach lines. However, these standards did not address other types of development. Adopting standards for projects to occur within watercourse - and wetland-adjacent areas will provide flexibility and local control for projects while protecting waterways and maintaining adequate flood control measures. Similar to the proposed standards developed for hillsides, the placement of items within watercourse-adjacent or wetland-adjacent areas are divided into two pathways: Ministerial (construction permit) and Discretionary (Precise Plan application prior to construction permit). Projects that comply with the standards a can be processed ministerially. All other projects would be processed with a Precise Plan. 67 10/15/2024 | Item 3 | Staff Report Watercourse-adjacent and wetland-adjacent areas are defined as those within 100 feet of the Salinas River (due to its wide riparian corridor and floodway) or within 20 feet of any other watercourse or wetland. In addition to required reports that identify the top of bank and any riparian features, for any structures proposed, the soils report must confirm that the watercourse bank and/or wetland is stable and is unlikely to erode. Items that may be placed within the watercourse -adjacent areas include fences and low landscape walls, walkways, and small patios, decks, gazebos, etc. Cumulatively, patios, decks, and gazebos must not occupy more than 30% of the creek-fronting property line. Within the Downtown area, in addition to these items, public trails and outdoor dining and gathering spaces are also permitted on commercially or publicly owned properties to encourage creek-oriented development and vitality along Atascadero Creek. Proposed code standards: 1. Exempt fences, low landscape walls, walkways, small patios etc. and allow these features adjacent to watercourses 2. Maintain consistency with General Plan identifying a 20-foot buffer zone for waterways for all structures, including structures that are less than 120 square feet. 3. Maintain consistency with General Plan identifying a 100-foot setback for the Salinas River 4. Measure the setback distances from the top of the lowest creek bank. Small detached accessory structures (120 square feet or smaller) that do not require a building permit are not proposed to be exempt from these standards because they are often swept away by flood waters and cause damage downstream to bridges and infrastructure, or may clog waterways causing greater flooding. During 2022 rain events, there were several of these instances in Atascadero. The Planning Commission may want to further discuss and weigh in on whether or not such small accessory structures should be ministerially allowed within watercourse-adjacent areas. If Planning Commission determines these structures could be ministerially allowed items, staff recommends including these within the 30% maximum coverage standard along with patios, decks, and gazebos. HISTORIC RESOURCES Currently, Title 9 allows the Community Development Director to require a Precise Plan (discretionary application) for any proposed development activity that could impact a historic resource. This determination is based upon Section 9-2.109 of the Municipal Code which allows for broad application of CEQA when it is determined that any project is not eligible for ministerial review: 9-2.109 Precise plan approval is required when a development or use of land is listed in a particular zoning district as an allowable use and when it is determined by the Planning Director that the development project, or the establishment of a use of land which is not a development project, is not eligible for a categorical 68 10/15/2024 | Item 3 | Staff Report exemption pursuant to Public Resources Code Section 21084 and the State EIR Guidelines. California State law (CEQA) recognizes that a property does not have to be formally listed at the State or National register to be considered a historic resource, as noted below: (4) The fact that a resource is not listed in, or determined to be eligible for listing in the California Register of Historical Resources, not included in a local register of historical resources (pursuant to section 5020.1(k) of the Public Resources Code ), or identified in an historical resources survey (meeting the criteria in section 5024.1(g) of the Public Resources Code) does not preclude a lead agency from determining that the resource may be an historical resource as defined in Public Resources Code sections 5020.1(j) or 5024.1. The City has a rich history, being one of the first master planned communities in California born out of the City Beautiful movement. The Atascadero Colony subdivision was recorded in 1913 and the “colony era” began. Homes constructed during the early days of the colony up until 1926 are known as Colony Homes and provide important historic context for the City. Many of these homes still exist today and reflect their original characteristics. Currently, the City has no formally adopted list of historic resources other than properties, buildings, and other known resources listed on the State and/or National Register of Historic Places. However, the City currently treats Colony homes and other buildings built in that era as historic resources, consistent with State law. Staff uses the United States Secretary of Interior’s standards as guidance for modifications to historic properties or structures and determines that a project can remain ministerial if these guidelines are followed. While this is effective in guidance for construction permit reviews, the State’s new SB 9 regulations (Urban Dwelling Units and Urban Subdivisions) require adoption of a formal list in order to provide guidance on applications submitted under this law. Ad opting a local list will give staff and property owners a greater level of clarity and expectation when it comes to modifying, moving, or demolishing these structures, and provide the same level of standards for properties developing under the provisions of SB 9. The City, in concert with the Historic Society, has a list of colony homes and other historic resources that may be used to determine at the Director level if a discretionary application is required. As a placeholder, staff recommends that the hist oric resources list be generalized at this time and include all Colony Era residences, residences that were constructed prior to the Colony Era, and all civic and institutional structures and landmarks that qualify for listing at the local, state, or national level. As Council wishes, staff can return with a detailed list of historic resources in the City that lists each property, its general description, and current standing. Proposed Historic Standards: The proposed Historic Resources standards necessitate the adoption of historic resources list by resolution. The resolution would also outline the eligibility criteria for inclusion on the list. The proposed Historic Resources standards establish a clear p ath forward for either ministerial or discretionary review. Projects that are compliant with the Secretary of Interior Standards may be processed without a Precise Plan application; however, those that do not comply would require 69 10/15/2024 | Item 3 | Staff Report discretionary review and CEQA-required mitigation measures. At this time, staff recommends adopting a generalized list of historic resources that includes all Colony Era residences, Colony Era commercial and civic structures and any other sites or structures that exhibit historic features consistent with Atascadero’s periods of significance. At a later date, the City will prepare a definitive list of historic resources that include specific locations and descriptions for each resource. The proposed code language allows for the removal of structures from the list should the resource not meet certain criteria. This process will ensure that any future adopted list be flexible to respond to specific property conditions and characteristics in the future without formal Council action or a lengthy process. Proposed Revisions to Historical Site Overlay Zone: The City’s current code references a Historical Site (HS) Overlay Zone. The overlay zone is currently applied in a few locations in the city, but not consistently on all resources. This overlay zone was typically applied when a planned development project included a colony home within the development. Staff recommends changing the use of the Historical Site Overlay Zone to apply only to those historic resources listed on either the California Register of Historical Resources or National Register of Historic Places. This will allow the local list to be modified more flexibly without a cumbersome zone change in the future. Establishing a baseline historical resources ordinance will codify existing City policy and provide clarity to property owners regarding the process for improving, modifying, moving, or demolishing historic resources. ARCHEOLOGICAL RESOURCES Atascadero has a number of known areas of potential archaeological significance associated with native American populations; generally, areas around creeks and natural springs provided fertile areas for settlement. Staff has reached out to local tribal members recently to discuss specific projects in addition to the development of CEQA thresholds. Tribal members have expressed concerns related to areas of known sensitivity in addition to maintaining the native oak woodlands as a past cultural resource connecting to tribal foraging and food sources. While specific areas of potential sensitivity cannot be released, the City can internally maintain such maps for the purpose of protecting such resources. The proposed revisions to the existing Title 9-4.162 Archaeological Resources section would allow for a project to proceed to construction within a sensitive archeological zone if a phase 1 study concludes there would be no impact to an archeological resou rce. In order to achieve this, amendments to the code would require the City to internally maintain maps of sensitive archaeological resources, and if a project is proposed within those areas, require a Phase I archaeological study. If the Phase I study determines that there could be a potential environmental impact, a Precise Plan and the related CEQA review would be required. The intent of this change is to streamline the process to avoid a discretionary review if the Phase I concludes there would not be any impact. PRECISE PLAN SECTION (9-2.109) 70 10/15/2024 | Item 3 | Staff Report The existing Zoning Code includes a section regarding the processing of Precise Plans, including application requirements and general information. In order to align the new proposed changes to historic resources, watercourse-adjacency standards, hillside standards, and archaeological resources, the Precise Plan section must also be updated to provide adequate findings in the event projects do not comply with ministerial standards and opt for the discretionary process. CONCLUSION: Standards developed through this Title 9 update are intended to streamline the project application and review process, by clearly articulating the thresholds between ministerial and discretionary projects with the goal of reducing project timelines, staff processing time and overall project cost. Current thresholds are too low and include any grading on slopes of 20% or greater or at the Director’s discretion based on impacts to other environmental resources, such as historic properties, creek interference, and archaeological resources. With these proposed Title 9 and Zoning Map amendments, the City can put in place standards and processes that provide clear direction and set City expectations for development, reducing staff time on CEQA documentation, and providing transparent guidance to developers and property owners. ENVIRONMENTAL DETERMINATION: This Project is exempt from the California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the env ironment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). NEXT STEPS: Adoption of standards for historic, hillside, watercourse adjacency, and archaeological resources requires additions and amendments to the Municipal Code which will require approval by the City Council. This would include the creation of the following new code sections: • Hillside Development (Sections 9-4.153 through 9-4.157) • Watercourse-Adjacency Standards (Sections 9-4.170 through 9-4.175) • Historic Resources Ordinance (Sections 9-4.163 through 9-4.169) It would also include multiple amendments to existing code sections, specifically the following: • Grading (Sections 9-4.139 through 9-4.146) and Drainage (9-4.148 through 9-4.154) • Article 26 HS (Historical Site) Overlay Zone, Sections 9-3.621 through 9-3.625 • Archaeological Resources (Section 9-4.162) • Precise Plan (Section 9-2.109) • Section 9-4.164 (Lot Line Adjustment Review for Flag Lots) would renumber to 9 -4.161. 71 10/15/2024 | Item 3 | Staff Report The Planning Commission’s action on these proposed code amendments will be a recommenda- tion to the City Council. It is anticipated that these standards will be reviewed by the City Council in November and take effect near the end of 2024. ALTERNATIVES: 1) The Planning Commission may recommend modifications to the City Council regarding proposed text and map amendments and resolution for a local historic resources list. Any proposed modifications should be clearly restated in any vote on any of the attached resolutions. 2) The Planning Commission may determine that more information is needed on some aspect of the project and may refer the item back to staff to develop the additional information. The Commission should clearly state the type of information that is required. A motion, and approval of that motion, is required to continue the item to a future date. 3) The Planning Commission may recommend that City Council deny all or a portion of the proposed amendments. The Commission must specify what findings cannot be made, and provide a brief oral statement, based on the Staff Report, oral testimony, correspondence, or any other rational introduced and deliberated by the Planning Commission. REVIEWED BY OTHERS: This item has been reviewed by the City Attorney, as well as the Community Development Director and City Engineer. REVIEWED AND APPROVED FOR PLANNING COMMISSION AGENDA: Phil Dunsmore, Community Development Director ATTACHMENTS: 1) Planning Commission Resolution A: Title 9 Amendments 2) Planning Commission Resolution B: Zoning Map Amendment 3) Planning Commission Resolution C: Historic Resources List 72 DRAFT PC RESOLUTION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL INTRODUCE AN ORDINANCE TO AMEND TITLE 9: PLANNING & ZONING, TO ADOPT DISCRETIONARY REVIEW THRESHOLDS AND STANDARDS FOR HILLSIDES, HISTORIC AND ARCHAEOLOGICAL RESOURCES, AND WATERCOURSE ADJACENT AREAS DISCRETIONARY REVIEW THRESHOLDS AND STANDARDS (ZCH23-0061) WHEREAS, the 2021-2028 6th Cycle Housing Element was adopted by the City Council on November 10, 2020, and found by the California Department of Housing and Community Development to be in substantial compliance with State housing element law; and WHEREAS, on April 28, 2020, the City Council authorized application for and entering into agreement for the Local Early Action Planning (LEAP) Grant Program funds with the California Department of Housing and Community Development to complete work to adopt standards that, when followed, can streamline projects through the development process and set clear pathways for ministerial and discretionary review; and WHEREAS, the LEAP Grant Program is focused on helping jurisdictions in the preparation and adoption of planning documents and process improvements that accelerate housing production and facilitate compliance with the sixth-cycle Regional Housing Needs Assessment; and WHEREAS, the City of Atascadero was awarded LEAP Grant Program funds implement permit streamlining in line with the City’s Housing Element and State goals and policies; and WHEREAS, the City of Atascadero (6500 Palma Avenue, Atascadero, CA 93422), is considering Zoning Text Amendments to Title 9 Planning and Zoning of the Atascadero Municipal Code to adopt modified discretionary review thresholds and standards related to hillside development, historic and archaeological resources, and watercourse-adjacent areas; and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact amendments to Title 9 Planning and Zoning of the Atascadero Municipal Code for consistency with the General Plan and to maintain a clear and legible set of Zoning Regulations that is easily interpreted by the public and staff; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and Zoning Text Amendments was held by the Planning Commission of the City of Atascadero at 73 which hearing evidence, oral and documentary, was admitted on behalf of said Planning and Zoning Text Amendments; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero, California makes the following findings, determinations and recommendations with respect to the proposed Zoning Text Amendment: SECTION 1. Recitals: The above recitals are true and correct and incorporated herein as if set forth in full. SECTION 2. Public Hearings. The Planning Commission held a duly noticed public hearing to consider the project on October 15, 2024 and considered testimony and reports from staff and the public. SECTION 3. Findings for Approval. The Planning Commission finds as follows: A. Findings for Zone Text Amendment: 1. FINDING: The Planning and Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. FACT: The proposed zoning code text updates are consistent with the General Plan. 2. FINDING: This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. FACT: The proposed text establishes standards for projects located on hillsides, in areas where archaeological resources may be located, near watercourses and wetlands, and associated with historic resources and sets forth clear processes for ministerial and discretionary review of such projects. 3. FINDING: The Text Change will not, in itself, result in significant environmental impacts. FACT: The proposed text amendment establishes standards to protect existing environmental resources, is aligned with the California Environmental Quality Act Guidelines, and will not result in an environment impact. SECTION 4. CEQA. This Ordinance is exempt from the California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). 74 SECTION 5. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 15, 2024, resolved to recommend that the City Council introduce an ordinance that would amend the Title 9 of the Atascadero Municipal Code consistent with the following: 1. Exhibit A: New Title 9 Sections (Establishment of AMC Sections 9-4.153 – 9- 4.157 [Hillside Development], Sections 9-4.163 through 9-4.169 [Historic Resources] and Sections 9-4.169 through 9-4.174 [Watercourse-Adjacency Standards]) 2. Exhibit B: Title 9 Amendments (Grading Sections 9-4.139 - 9-4.145, Drainage Sections 9-4.148 - 9-4.154, Article 26 HS [Historical Site] Overlay Zone Sections 9-3.621 - 9-3.623, Archaeological Resources Section 9-4.162, Precise Plan Section 9-2.109, and Section 9-4.164 Lot Line Adjustment Review for Flag Lots [renumbering only, to 9-4.170]). 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. On motion by Commissioner ____________________, and seconded by Commissioner _____________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Tori Keen Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 75 (3) Effective Date of Approval. The approval shall become effective for the purpose of issuance of a building or grading permit, or establishment of a use not involving construction, fourteen (14) days after approval, unless an appeal is filed with the Planning Department as set forth in subsection (d) of this section. (4) Appeal. Any person may appeal a decision on a Precise Plan application as set forth in Section 9-1.111 (Appeal). (d) Findings. The following findings are required for approval of a Precise Plan: (1) General. (i) Consistency. The proposed project is consistent with the General Plan and any applicable specific plan; and complies with all other applicable provisions of the Zoning Code and the Municipal Code; (ii) Compatibility. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity; and (iii) Health and Safety. The proposed project will not be detrimental to the public health, safety, or welfare, or be injurious to property or other improvements in the vicinity. (2) Hillsides. If located in a hillside area as defined in Section 9-4.154: (i) The project design and site layout retains and utilizes natural contours of the site to the extent feasible; (ii) Unavoidable grading complements natural landforms to the extent feasible; (iii) The healthy, native tree canopy has been retained to the extent feasible; and (iv) Mass grading of large pads and excessive terracing has been avoided in residential zones and minimized in commercial and industrial zones. (3) Watercourse and Wetland Buffers. If located within a watercourse-adjacent or wetland-adjacent area as defined in Section 9-4.171(a): (i) The location and design of the feature within the watercourse or wetland buffer, or other measures incorporated into the project, minimize adverse effects to scenic resources, water quality, and riparian habitat; (ii) The feature will not impact the floodway or the flood zone in a way that would create negative impacts to downstream properties; and (iii) The feature will not prevent the implementation of city-adopted plans. (4) Historic Resources. (i) If altering an historic resource on the Historic Resource List (Section 9-4.166): 77 a. The proposed alteration will not substantially diminish, eliminate, or adversely affect the character, character-defining features, or historic integrity of the historic resource, either due to the nature of the alteration or because mitigation measures incorporated into the project will reduce adverse effects; or b. There is sufficient evidence, including evidence provided by the applicant, that denial of the proposed alteration or relocation would cause an immediate hardship because of conditions unique to the specific property. (ii) If relocating an historic resource on the Historic Resource List: a. Relocation of the historic resource is feasible from a technical, mechanical, and structural standpoint considering the historic resource’s condition, and will not result in significant damage to the structure’s historic integrity; and b. Relocation of the historic resource will not result in significant adverse effects to its historic integrity as a result of a change in its location, generally maintaining or enhancing the setting. (iii) If demolishing an historic resource on the Historic Resource list, any one of the following: a. The potential negative effects of the action are outweighed by the benefits of the associated replacement project, as applicable; and b. Alteration and/or relocation is infeasible from a technical, mechanical, or structural standpoint considering the historic resource’s condition or location, and/or c. The demolition is necessary to protect or promote the health, safety, or welfare of the city residents, including the need to eliminate blight or nuisance, or correct an unsafe or dangerous condition of the property. (5) Archaeologically Sensitive Areas. If located within an area documented on maps on file in the Planning Department as an archaeologically sensitive area: (i) All required mitigation measures from technical studies are incorporated and impacts have been minimized consistent with the requirements of 15064.5 of the State CEQA Guidelines; and (ii) Tribes have been consulted per the requirements of Assembly Bill 52. Repeal and Replace 9-3.621 Purpose. The Historic Site (HS) Overlay Zone recognizes the unique historical nature of historic resources listed on the California Register of Historical Resources and the National Register of Historic Places. The HS Overlay zone is intended to identify these regionally recognized historic resources. Refer also to Sections 9-4.163 – 9-4.169 (Historic Resources Ordinance). 9-3.622 Applicability of the HS Overlay Zone. The HS Overlay Zone applies only to those parcels with historic resources that are listed on the California Register of Historical Resources or the National Register of Historic Places. Definitions in these Sections 9-3.621 – 9-3.623 shall be as defined in Section 9-4.165 (Historic Resources Definitions). 9-3.623 Processing Requirements. (a) Alterations. Alterations to historic resources listed on the California Register of Historical Resources and the National Register of Historic Places shall comply with Section 9-4.167(b) (Precise Plan Review). (b) Relocation. Relocation of historic resources listed on the California Register of Historical Resources and the National Register of Historic Places shall comply with Section 9-4.168(a)(2) (Precise Plan Review). (c) Demolition. Demolition of historic resources listed on the California Register of Historical Resources and the National Register of Historic Places shall comply with Section 9-4.168(b) (Demolition of Historic Resources). 9-4.142 Grading permit review and approval. 9-4.143 Special grading standards. 9-4.1443 Grading standards. 9-4.145 144 Sedimentation and erosion control. 9-4.146 145 Nuisance and hazard abatement. 9-4.139 Grading plan required. In any case where a proposed project requiring a precise plan or conditional use permit approval involves fifty (50) or more cubic yards of earth moving, or in any case where a grading permit is required by Title 8 of this code, the application shall include a grade grading plan containing the information specified by this section. If engineered grading (Section 9-4.141(b)) is to occur, then the grading plan shall also include all information required by Section 9-4.141. A grading plan shall be neatly and accurately drawn to scale, including the following information: (a) Existing ground contours or elevations of the site at two (2) foot intervals. (b) Contours or site elevations after grading is completed, including any modifications to drainage channels. (c) Any required retaining walls or other means of retaining cuts or fills. (d) Elevations of the edge of the pavement or road at driveway entrance. (e) Elevation of the finish floor of the garage or other parking area. (f) Elevations at the base of building corners. (g) Area of disturbance in square feet. (h) Quantities of cut and fill. (i) Erosion control notes and details. (j) Drainage structures and other drainage design features. (k) Sections showing grading, showing any retaining walls, cut and fill slopes, pads, building structures and drainage structures. (l) Grading notes, details or other information required by the City Engineer. 9-4.140 Grading permit required. A grading permit shall be obtained where required by Title 8 of this code. 9-4.141 Grading permit—Application content. 80 To apply for a grading permit, a plot planan application shall be submitted together with the additional information required by this section. Where grading requiring a permit is proposed in conjunction with a precise plan or conditional use permit request, those applications may be used to satisfy grading permit information requirements as long as all required information is submitted. (a) Minor Grading. Where Section 9-4.140 requires a grading permit and the grading will move less than five hundred (500) cubic yards and is located on slopes less than twenty percent (20%); the application for a grading permit is to include the following: (1) Contour Information. (i) For sites with slopes of ten percent (10%) or less, generalized existing contours and drainage channels, including areas of the subject site (and adjoining properties) that will be affected by the disturbance either directly or through drainage alterations. (ii) For sites with slopes greater than ten percent (10%) and less than thirty percent (30%), details of area drainage and accurate contours of existing ground at two (2) foot intervals; for slopes thirty percent (30%) or greater, contours at five (5) foot intervals. (2) Location of any buildings or structures existing or proposed on the site within fifty (50) feet of the area that may be affected by the proposed grading operations. (3) Proposed use of the site necessitating grading. (4) Limiting dimensions, elevations or finished contours to be achieved by the grading, slopes of cut and fill areas and proposed drainage channels and related construction. (5) Drainage plan in compliance with Municipal Code Section 9-4.148 147 and the City of Atascadero Drainage Standards. (6) Where required by the Building Official, a soil engineering report, including date regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and criteria for corrective measures when necessary and opinions and recommendations covering adequacy of sites to be developed by the proposed grading. (7) Where required by the Building Official, an engineering geology report, including a description of site geology, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. (8) Intended means of revegetation, including the location, species, container size and quantity of plant materials proposed, and the proposed time of planting. (9) Where required by the Building Official, protective measures to be taken during construction, such as hydro-mulching, berms (temporary or permanent), interceptor ditches, subsurface drains, 81 terraces, and/or sediment traps in order to prevent erosion of the cut faces of excavations or of the sloping surfaces of fills. (b) Engineered Grading. Where the grading will move five hundred (500) cubic yards or more, is located on slopes of twenty percent (20%) or greater, or is located within a Geologic Hazard Overlay Zone or Flood Hazard Overlay Zone, the grading plan shall be prepared and certified by a registered civil engineer and shall include specifications covering construction and material requirements in addition to the information required for minor grading. 9-4.142 Grading permit review and approval. Grading permit applications shall be processed as follows: (a) Environmental Determination. As required by Title 14 of the California Administrative Code, all grading permit applications are to receive an environmental determination pursuant to the California Environmental Quality Act (CEQA), except for applications for development that propose grading on terrain with slopes less than twenty percent (20%) and that will involve less than five thousand (5,000) cubic yards of earth moving, which applications are hereby deemed categorically exempt from the provisions of CEQA. (b) Application Processing Where EIR Required. Where the Planning Commission has required preparation of an Environmental Impact Report pursuant to CEQA, a grading permit application shall be processed, reviewed and approved according to all the provisions of Section 9-2.110. (ca) Application Processing. Where No EIR is Required. Where a grading permit is categorically exempt from the provisions of CEQA or has been granted a negative declaration, the The Building Official may approve the a grading permit where the proposed grading is in conformity with applicable provisions of this title; provided: (1) The Building Official may require that grading operations and project designs be modified if delays occur that result in weather-generated problems not considered at the time the permit was issued. (2) Where a negative declaration for grading permit CEQA document associated with the project has identified mitigation measures necessary to reduce environmental impacts, such mitigation measures shall be applicable to the approved grading permit and grading operations as conditions of approval. (db) Criteria for Approval. A grading permit may be issued only where the Planning DirectorBuilding Official first finds, where applicable, that: (1) The proposed grading complies with all applicable provisions of the Municipal Code, and if a Precise Plan is required, the grading conforms to the approved Precise Plan; and (2) Any permits required by State or Federal agencies for the proposed grading have been obtained or are required by conditions of approval to be obtained before grading work is started. 82 (1) The extent and nature of proposed grading is appropriate to the use proposed and will not create site disturbance to an extent greater than that required for the use. (2) Proposed grading will not result in erosion, stream sedimentation, or other adverse off-site effects or hazards to life or property. (3) The proposed grading will not create substantial adverse long-term visual effects visible from off-site. (4) The proposed grading conforms with the Uniform Building Code and, when required, with grading standards (Section 9-4.143). 9-4.143 Special gGrading standards. All excavations and fills except for minor grading shall be conducted in accordance with the following special standards: (a) Area of Cuts and Fills. Cuts and fills shall be limited to the minimum amount necessary to provide stable embankments for required parking areas or street rights-of-way, structural foundations, and adequate yard areas. Consideration shall be given to revising the building design to minimize unnecessary grading.Disturbance. See Section 9-4.157(a). (b) Minimize Grading. Grading shall be completed in compliance with Sections 9-4.138 through 9-4.145, minimized to the extent feasible, and balanced on site whenever possible to avoid excessive cut and fill and to avoid import or export of soil to/from offsite. (c) Cut and Fill Slope Ratio. Cut or fill slopes shall not exceed a three-to-one (3:1) horizontal to vertical ratio, except that a two-to-one (2:1) ratio may be allowed where it can be demonstrated that it is necessary to minimize impacts to native trees or natural drainage features, or reduce amount of disturbed area, or maintain grading within the property limits. (bd) Creation of Building Sites. Slope Limitations. Grading for the purpose of creating a site for a building or structure shall be prohibited on slopes of (20%) or greater except where authorized through precise plan approval. See Section 9-4.157(d). (ce) Final Contours. Contours, elevations and shapes of finished surfaces shall be blended with adjacent natural terrain to achieve a consistent grade and natural appearance. The crest of all graded slopes greater than six (6) feet in vertical height shall be rounded. Where graded slopes intersect, the ends of each slope shall be horizontally rounded and blended. 9-4.144 Grading standards. 83 (af) Grading Near Watercourses. Grading, dredging, or diking may not alter any intermittent or perennial stream or natural body of water shown on any USGS 7 1/2 minute map or designated by another State or Federal agency with jurisdiction over said waters, except as permitted through approval of a drainage plan and appropriate State and Federal permits. Watercourses are to be protected as follows: (1) Watercourses shall not be obstructed unless an alternate drainage facility is approved. (2) Fills placed within watercourses shall have suitable protection against erosion during flooding, and shall conform to the City’s Flood Contral Ordinance and any applicable FEMA regulations. (3) Grading equipment shall not cross or disturb channels containing live streams without siltation control measures approved by the City Engineer in place. (4) Excavated materials shall not be deposited or stored in or alongside a watercourse where the materials can be washed away by high water or storm runoff. (bg) Revegetation. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements (Section 9-4.124 et seq.) and that shall not be occupied by structures, such areas shall be re-naturalized with vegetative material to blend with the adjacent undisturbed natural terrainreplanted as set forth in this subsection to prevent erosion after construction activities are completed.. (2)(1) Preparation for Revegetation. Topsoil removed from the surface in preparation for grading and construction shall be stored on or near the site and protected from erosion while grading operations are underway, provided that such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved. After completion of such grading, topsoil shall be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. (3)(2) Methods of Revegetation. Acceptable methods of revegetation include hydro-mulching, or the planting of rye grass, barley or other seed with equivalent germination rates. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscaping cover shall be sown at not less than four (4) pounds to each one thousand (1,000) square feet of land area. Other revegetation methods offering equivalent protection may be approved by the Building Official. Plant materials shall be watered at intervals sufficient to assure survival and growth. Native plant materials are encouraged to reduce irrigation demands. (ch) Off-Site Effects. Grading operations shall be conducted to prevent damaging effects of erosion, sediment production and dust on adjacent property, including public and private rights-of-way. 9-4.1445 Sedimentation and erosion control. (a) Sedimentation and Erosion Control Plan Required. A sedimentation and erosion control plan is required when: (1) Land is disturbed for any non-agricultural purpose. 84 (2) Grading which may affect adjacent property or private rights-of-way which is proposed to be conducted or left in an unfinished state during the period from October 15th through April 15th. (3) Land disturbance activities are conducted in geologically unstable areas, on slopes in excess of thirty percent (30%), on soils rated as having severe erosion hazard, or within fifty (50) feet of any watercourse shown on the most current 7 1/2 minute USGS quadrangle map or designated by a State or Federal agency with jurisdiction over watercourse delineation. (4) The placing or disposal of soil, silt, bark, slash, sawdust or other organic or earthen materials from logging, construction and other soil disturbance activities above or below the anticipated high water line of a watercourse where they may be carried into such waters by rainfall or runoff in quantities deleterious to fish, wildlife or other beneficial uses. (b) Sedimentation and Erosion Control Plan Preparation and Processing. Sedimentation and erosion control plans shall address both temporary and final measures and shall be submitted to the City Engineer for review and approval. These plans, when required, shall be prepared by a registered civil engineer when grading exceeds five hundred (500) cubic yards. Plans for land disturbance of one (1) acre or larger shall be developed and signed by an appropriately licensed individual in accordance with the State Water Resources Control Board requirements. These plans shall be in accordance with the City Standard Improvement Specifications and Drawings, and may be incorporated into and approved as part of a grading, drainage or other improvement plans, but must be clearly identified as an erosion and sedimentation control plan. (c) Plan Check, Inspection, and Completion. Where required by the City Engineer, the applicant shall execute a plan check and inspection agreement with the City and the sedimentation and erosion control facilities inspected and approved before a certificate of occupancy is issued. (d) Sedimentation and Erosion Control Measures. The control of sedimentation and erosion shall include, but not be limited to, the use of the following: (1) Slope Surface Stabilization. (i) Temporary mulching, seeding or other suitable stabilization measures approved by the City Engineer shall be used to protect exposed erodible areas during construction, (ii) Earth or paved interceptors and diversions shall be installed at the top of cut or fill slopes where there is a potential for erosive surface runoff. (2) Erosion and Sedimentation Control Devices. In order to prevent polluting sedimentation discharges, erosion and sediment control devices shall be installed as required by the City Engineer for all grading and filling. Control devices and measures which may be required include, but are not limited to: (i) Energy absorbing structures or devices to reduce the velocity of runoff water. (ii) Sedimentation controls such as sediment debris basin and traps. (iii) Dispersal of water runoff from developed areas over large undisturbed areas. 85 (iv) Multiple discharge points to reduce the volume of runoff over localized areas. (3) Final Erosion Control Measures. Within thirty (30) days after completion of grading, or prior to building final, requiring a sedimentation and erosion control plan, all surfaces disturbed by vegetation removal, grading, haul roads, or other construction activity that alters natural vegetative cover, shall be revegetated to control erosion, unless covered with impervious or other improved surfaces authorized by approved plans. Erosion controls may include any combination of mechanical or vegetative measures. 9-4.146145 Nuisance and hazard abatement. Existing grading that has become hazardous to life or property or grading performed in violation of this section or the Uniform Building Code shall be deemed a nuisance. Full abatement and restoration may be required and an assessment of cost may be levied in accordance with Chapter 9-8. Drainage plans shall must be submitted with or be made part of a building permit applicationplot plan, precise plan, conditional use permit or grading permit application for a project that: (a) Involves a land disturbance (grading or removal of vegetation down to duff or bare soil by any method) of more than one (1) acre; or (b) Will result in an impervious surface of more than one thousand (1,000) square feet; or (c) Is subject to local ponding due to soil conditions and lack of identified drainage channels; or (d) Is located in an area identified by the City Engineer as having a history of flooding or erosion that may be further aggravated by or have a harmful effect on the project; or (e) Is located within a designated Flood Hazard overlay zone; or (f) Involves land disturbance or placement of structures within fifty (50) feet of any watercourse shown on the most current USGS 7 1/2 minute quadrangle map, or designated by a State or Federal agency with jurisdiction over watercourse delineation; or (g) Involves hillside development on slopes steeper than ten percent (10%) or driveways over twelve percent (12%) slope. (8) Proposed flood proofing measures where determined to be necessary by the City Engineer. (9) One hundred (100) year flood elevations if the property is in flood hazard area. (10) The drainage plan must show compliance with the City Drainage Standards and the Central Coast Water Board’s Post Construction Stormwater Management Requirements for Development Projects in the Central Coast Region (upon adoption by the City Council). This includes all projects that add one thousand (1,000) square feet of impervious surface to the property. (b) Engineered Plan Content. Engineered drainage plans shall include an evaluation of the effects of projected runoff on adjacent properties and existing drainage facilities and systems in addition to the information required by subsection (a) of this section. 9-4.152149 Drainage plan review and approval. All drainage plans shall be submitted to the City Engineer for review and are subject to the approval of the City Engineer. Repeal and Replace (c) Flood Hazard Areas. Buildings are not permitted in an area determined by the City Engineer to be subject to flood hazard by reason of inundation, overflow or erosion, except where provisions are made to eliminate such hazards to the satisfaction of the City Engineer. Such provisions may include providing adequate drainage facilities, protective walls, suitable fill, raising the floor level of the building or by other means. The placement of the building and other structures (including walls and fences) on the building site shall be such that water or mudflow will not be a hazard to the building or adjacent property. The City Engineer in the application of this standard shall enforce as a minimum the current Federal flood plain management regulations as defined in Title 24, Chapter X, Subchapter B, National Flood Insurance Program, Part 1910. (a) Area of Disturbance. The portion of a project site that is disturbed to accommodate structures, foundations, all graded slopes, parking areas, driveways, graded outdoor recreation spaces, and any areas otherwise graded. (b) Average Slope. See “slope, average”, as defined in Chapter 9-9.102 (General definitions). The City may require a survey and slope analysis prepared by a licensed surveyor or licensed civil engineer showing average percent slope categories. (c) Hillside Area. A site with an area of disturbance with a slope before grading of fifteen percent (15%) or more. (d) Primary Structure. The structure of chief function on a site. In general, the primary use is carried out in a primary structure. (See also “Accessory Structure” and “Building, Accessory” in Section 9-9.102). 9-4.156 Process. (a) Ministerial Review. Development and/or grading in a hillside area that does not otherwise require a discretionary approval, or is not part of a project that requires discretionary approval pursuant to this Title 9 (including, but not limited to, Conditional Use Permits and Precise Plans), shall be processed as a ministerial review (e.g., Building/Grading Permit, as applicable), only if the development and/or grading is consistent with Section 9-4.157 (Hillside Development Standards). (b) Discretionary Review. Grading and/or construction in a hillside area that does not comply with Section 9-4.157 (Hillside Development Standards) shall require discretionary approval of a Precise Plan pursuant to Section 9-2.109 (unless a Conditional Use Permit is required pursuant to Section 9-2.110). 9-4.157 Hillside Development Standards. Except as allowed through discretionary review consistent with Section 9-4.156 (Process), the following standards apply to any area of disturbance with a slope of greater than fifteen percent (15%): (a) Area of Disturbance Standards. The maximum area disturbed by grading on a site shall not exceed ten thousand (10,000) square feet, inclusive of areas allowed by Subsection 9-4.157(b, c, d, and e). (b) Building Pad Standards. (1) Slopes up to 20%. Where the area of disturbance has an existing slope less than twenty percent (20%), individual pad grading is allowed if compliant with Section 9-4.157(a) and Sections 9-4.157(c – f). (2) Slopes 20%+. Where the area of disturbance has an existing slope of more than twenty percent (20%), pad grading is not allowed. Foundations shall incorporate special building techniques designed by a registered engineer or architect, including, but not limited to, split levels, benching, 90 cantilevered, poles, piles, step and stem walls, and other methods designed to minimize soil disruption. (c) Building Design. The height of the lowest finished floor(s) of a building shall not be more than twelve (12) feet above the existing grade to ensure that buildings follow slopes. (d) Grading. (1) See Sections 9-4.138 through 9-4.151 (Grading and drainage standards). (2) On slopes over twenty percent, (20%) grading for outdoor recreation/open spaces shall be equivalent to no more than fifty percent (50%) of the footprint of the primary structure, inclusive of all graded flat areas around the full perimeter of the primary structure. 91 (e) Retaining Walls. (1) Height and Separation. (i) Height. The maximum height of a retaining wall shall be eight (8) feet, except a retaining wall up to twelve (12) feet high is permitted where it is integral to the foundation of the primary structure or a detached garage associated with the primary structure and where it can be demonstrated that it is necessary to minimize impacts to native trees or natural drainage features. (ii) Separation. All retaining walls shall be separated by a minimum of five (5) feet. (iii) Measurement. See Section 9-4.128(c)(1)(iv) for rules of measurement. (2) Design. (i) Retaining walls shall be designed with lines that conform to the hillside topography. (ii) Materials shall consist of stone, soil nail, poured in place concrete, split face (or similarly textured) block, gabion walls, or similar method. (f) Landscaping and Native Trees. (1) When a noncommercial project proposes to remove more than one native tree, removal of existing native trees as defined in Chapter 11 (Native Tree Regulations) shall: 92 (i) Not exceed thirty percent (30%) of the total on-site tree canopy or 10,000 square feet of total on-site tree canopy area, whichever results in the least tree removal; and (ii) Comply with Section 9-11.105(d)(4) (Conditions of Approval). (iii) Nonresidential projects are exempt from Section 9-4.157(f)(1)(i). (2) Retaining walls along driveways, roads, and cut and fill areas shall be designed to minimize impacts to existing native trees, with retaining wall footings placed a distance equal to that of the tree’s dripline plus fifty percent (50%) of that dripline distance at a minimum. (3) Where grading or erosion control requires reseeding, seeds and other plant materials used for erosion control and slope stabilization shall consist of native and/or drought tolerant species. The seed and plant material may not contain any non-native or non-drought tolerant plant species. See also 9-4.143(d) (Grading Near Watercourses). discretionary approval pursuant to this Title 9 (including, but not limited to, Conditional Use Permits and Precise Plans), the project shall be processed as a ministerial approval (e.g., Building/Grading Permit, as applicable). (2) If the Phase I archaeological study determines that there is the potential to adversely affect archaeological resources pursuant to the California Environmental Quality Act, projects shall be subject to Precise Plan review consistent with Section 9-2.109. (b) In the event archaeological resources are unearthed or discovered during any construction or earth disturbing activities, the following standards apply: (1) (a) Construction activities shall cease and the Planning Department shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist and disposition of artifacts may be accomplished in accordance with State and Federal law. (b) (2) In the event archaeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the County Coroner is to be notified in addition to the Planning Department so proper disposition may be accomplished. As used in these Sections 9-4.163 through 9-4.169, the following terms are defined: (a) Alteration. Change, repair, replacement, rehabilitation, remodel modification, or new construction to: (1) the exterior of an historic resource, including the replacement of windows, doors, siding, and anything considered to be a character-defining feature; (2) the structural elements that support the exterior walls, roof, or exterior elements of the historic resource; (3) character-defining features of the interior of an historic resource if the resource’s significance is wholly or partially based on interior features and the resource is publicly accessible. (b) Building. Construction created principally to shelter any form of human activity, such as a house, barn, church, hotel, or similar, as defined in National Register Bulletin No. 15. "Building" may also be used to refer to a historically and functionally related unit, such as a courthouse and jail or a house and barn. (c) California Register of Historical Resources. The State register that includes buildings, sites, structures, objects, and districts significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California pursuant to the California Public Resources Code Section 5024.1 and in the California Code of Regulations Title 14, Chapter 11.5, Section 4850, et seq., as it may be amended. (d) Character Defining Feature. The essential physical features that convey why a building, structure, object, site, or district is socially, culturally, or architecturally significant based on the applicable criteria for designation and its period of significance. (e) Demolition. Any act that destroys or removes, in whole or part, an historic resource such that its historic or architectural character and significance are materially altered. (f) District, or Historic District. A significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development, as defined in National Register Bulletin No. 15. (g) Historic Resource. Districts, sites, buildings, structures, and objects listed in the National Register of Historic Places, California Register of Historical Resources, or the City of Atascadero’s Historic Resources List (see Section 9-4.166). (h) National Register of Historic Places. The official inventory of districts, sites, buildings, structures, and objects significant in American history, architecture, engineering, archaeology, and culture that is maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966. (i) Object. Those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed (this definition is used to distinguish from buildings and structures), as defined in National Register Bulletin No. 15. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment. (j) Preservation. The act or process of applying measures to sustain the existing form, integrity, and material of a historic property. Includes initial stabilization work, where necessary, as well as ongoing preservation maintenance and repair of historic materials and features, as defined in the Secretary of Interior’s Standards. 95 (k) Rehabilitation. The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features that convey its historical, cultural and architectural values, as defined in the Secretary of Interior’s Standards. (l) Relocation. Removal of an historic resource from its original site and its re-establishment in essentially the same form, appearance, and architectural detailing at another location, as defined in the Secretary of the Interior’s Standards. (m) Restoration. The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by removing features from other periods in its history and reconstructing missing features from the restoration period, as defined in the Secretary of the Interior’s Standards. (n) Secretary of the Interior’s Standards. The Secretary of the Interior’s Standards for the Treatment of Historic Properties as published by the U.S. Department of the Interior and as it may be amended. (o) Site. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archeological value regardless of the value of any existing structure, as defined in National Register Bulletin No. 15, as well as local cultural landscapes (e.g., Sunken Gardens, Lake Park, etc.). (p) Structure. Those functional constructions made usually for purposes other than creating human shelter (intended to be distinguished from buildings), including walls, fences, signs, bridges, monuments, and similar features, as defined in National Register Bulletin No. 15. 9-4.166 Historic Resources List. (a) Creation of Historic Resources List. The City shall create and maintain a list of historic resources in Atascadero known as the Historic Resources List, which shall be adopted by resolution of the City Council and which shall consist of historic resources meeting the following criteria: (1) Colony Era and Pre-Colony Era structures built prior to 1926 that retain historical integrity; or (2) Other buildings, structures, objects, or sites that: (i) Are at least 50 years old; (ii) Exhibit demonstrable historic significance consistent with the Historic Resource List eligibility criteria (Section 9-4.166(b)); and (iii) Retain sufficient historic integrity to accurately convey its significance (Section 9-4.166(c)). (b) Historic Resource List Eligibility Criteria. In order to qualify as eligible for listing in the City’s Historic Resources List, a resource must exhibit demonstrable historical significance consisting of one or more eligibility criteria: (1) The resource is associated with a significant local event or pattern of development. (2) The resource is associated with a significant person or persons. 96 (3) The resource is recognized as possessing distinctive stylistic characteristics or workmanship significant for the study of a period, method of construction, or use of native materials. (4) The resource is recognized as possessing special aesthetic merit or value in the community as a resource with quality of design or workmanship and that retains sufficient character-defining features embodying its aesthetic significance. (5) The resource is associated with an architect, designer, or builder whose work has influenced the development of Atascadero. (6) The resource is recognized as a significant example of the cultural, natural, archaeological, or built heritage of Atascadero. (c) Historical Integrity. In order to qualify as eligible for listing in the City’s Historic Resources List, a resource must, in addition to exhibiting historical significance, exhibit historical integrity as defined in the National Register Bulletin No. 15, or other updated evaluation guidance published by the U.S. Department of the Interior and/or National Park Service, based on a combination of some of the following features: (1) Location (2) Setting (3) Design (4) Materials (5) Workmanship (6) Feeling (7) Association (d) Amending Historic Resources List. (1) Adding Resources. The Community Development Director, based on staff or community member recommendation, may amend the Historic Resources List from time to time to add historic resources, based on the factors listed in Section 9-4.166(a). (2) Removing Resources. Following a staff recommendation that a particular resource no longer meets eligibility criteria and/or exhibits historical integrity, the removal of resources from the Historic Resources List is subject to review and approval by the Design Review Committee (DRC). (3) Public Notice. Amendment of the Historic Resources List shall require public notice to the property owner of the subject historic resource. 9-4.167 Historic Resources Alterations. (a) Ministerial Review. The following alterations to historic resources on the Historic Resources List, which include additions to resources, shall be processed as a ministerial review (i.e., Building Permit): 97 (1) Ordinary maintenance and repairs that do not change the exterior design, materials, architectural features, or character-defining features of an historic resource, including in-kind replacement of existing features. To be considered “replacement in kind,” the features must reasonably match the design, profile, material, and general appearance of the existing or original features; and (2) Alterations that meet the Secretary of the Interior’s Standards for the Treatment of Historic Properties applicable to the particular historic resource type, its significance, and its character-defining features. (b) Precise Plan Review. The following alterations to historic resources on the Historic Resources List shall be processed via Precise Plan review pursuant to Section 9-2.109 (Precise Plan): (1) Alterations that do not meet the Secretary of the Interior’s Standards for the Treatment of Historic Properties applicable to the particular historic resource; and (2) Alterations to historic resources listed on the National Register of Historic Places or on the California Register of Historical Resources. (c) Alternative Building Code Provisions. All buildings, structures, objects, or sites on the Historic Resources List are considered historical resources as defined by the California Environmental Quality Act (PRC §21000-22189) and may be eligible to use alternative building code provisions as determined by the Building Official, such as the California State Historical Building Code. 9-4.168 Historic Resources Relocation and Demolition. (a) Relocation of Historic Resources. (1) Ministerial Review. Relocation of an historic resource on the Historic Resources List that meets the following conditions shall be processed as a ministerial review (i.e., Building Permit): (i) The historic resource is significant for its architecture, design, construction method, or similar historical theme that is not derived from its original location, setting, or specific surrounding context; (ii) The historic resource is significant for events, patterns of development, or similar historical themes, but: a. The historic resource is being relocated a short distance such that it retains essential aspects of historical integrity; or b. The historic resource is being relocated to a new location with a more appropriate context, as determined by a qualified architectural historian or equivalent professional than the existing context given proposed changes to the existing context; (iii) All alterations to the historic resource—from preparing for relocation to final rehabilitation and occupation—meet the Secretary of the Interior’s Standards applicable to the particular historic resource; and 98 (iv) The applicant has submitted to the City an Historic Resource Relocation Plan that demonstrates the project’s adherence to the Secretary of the Interior’s Standards. (2) Precise Plan Review. The following relocations of an historic resource on the Historic Resources List shall be processed via Precise Plan review pursuant to Section 9-2.109 (Precise Plan): (i) Relocations that are inconsistent with the Secretary of the Interior’s Standards applicable to the particular historic resource; and (ii) Relocations of historic resources listed on the National Register of Historic Places or on the California Register of Historical Resources. (b) Demolition of Historic Resources. (1) Precise Plan Review. Demolition of an historic resource on the Historic Resources List shall be processed as via Precise Plan review pursuant to Section 9-2.109 (Precise Plan), unless the historic resource has been removed from the Historic Resources List pursuant to Section 9-4.166(d)(2) (Removing Resources). (2) National and State Historic Resources. Any proposed demolition or other action that will have an adverse effect on a resource on the National Register of Historic Places or on the California Register of Historical Resources shall comply with California Public Resources Code Section 5028. (3) Unlisted Resources. If a building, structure, object, or site is more than 50 years old but not listed in the Historic Resources Inventory, National Register of Historic Places, or California Register of Historical Resources, and is proposed for demolition, an historic resources assessment report may be required by the Director to determine its historical significance and status as a historic resource and the eligibility criteria for listing on the City’s Historic Resource List. If determined an historic resource, the property shall be subject to the provisions of this Chapter. (4) Requirements. Prior to the issuance of a permit to demolish an historic resource on the Historic Resources List, the following measures shall be completed by the applicant: (i) Documentation. Each historic resource shall be documented to provide a record of the resource, which shall include the preparation of measured drawings and high-quality photographs consisting of: a. Drawings. For buildings, plans shall include, but not be limited to, a site plan; floor plans; elevations; and detailed drawings of character-defining features, such as exterior ornamentation and interior details. b. High-Quality Photographs. Photographs documenting a resource shall include the exterior and interior, context and important spatial features, and details of relevant character-defining features. (ii) Salvaged Features and Artifacts. In an effort to preserve features and artifacts of buildings and structures, the City shall make a determination on whether items within or appurtenant to the building or structure shall be salvaged by the applicant prior to demolition. This is particularly true of historic Colony Homes, where certain materials may be utilized in repair and 99 rehabilitation efforts at other Colony Homes under the guidance included within Secretary of the Interior’s Standards. Such salvaged features and artifacts, including the whole building or structure and listed elements, shall be advertised in a local publication for local use for 30 days before dispersal. To the extent feasible, all salvaged elements and features shall be stored on-site for this duration. In this instance, the site shall be demonstrably secured and the salvaged materials appropriately protected from the elements. Where on-site storage is not feasible, other secure locations with controlled access and appropriate protection from the elements may be used. A salvage and storage plan outlining these details shall be submitted to the City for approval. (iii) Additional Mitigation Measures. Additional mitigation measures may be required for historic resources listed on the National Register of Historic Places or on the California Register of Historical Resources or where identified as necessary by the Director for significant resources. 9-4.169 Historic Resources - Application and Process (a) Application Submittal Requirements. In addition to the application submittal requirements pertaining to the specific type of permit required for historic alterations, relocations, and demolitions, the following items may be required if determined necessary by the Director: (1) Historic resource survey that provides photographs of the historic resource (exterior, interior, character-defining features, and setting) and a summary of the property’s history, existing condition, and historical significance. All historic resource survey filings shall be conducted by a qualified architectural historian that meets the Secretary of the Interior’s professional qualifications standards in architectural history, or equivalent professional; and/or (2) Any other supporting information reasonably necessary for review of the proposed work or request. (b) Concurrent Processing. Any historic resource alteration, or relocation, or demolition associated with another permit application shall be processed concurrently and reviewed by the highest review authority designated by the Zoning Code for any of the applications. (c) Accessory Dwelling Units. Alterations to historic resources that consist of the addition of an accessory dwelling unit to an historic resource on the California Register of Historical Resources shall comply with Title 9, Chapter 5 (Accessory and Junior Accessory Dwelling Units). (d) No Net Loss. Notwithstanding the provisions of Section 9-4.168(b), demolition of an historic resource shall be consistent with the applicable provisions of Government Code Section 66300(d), including that in the case of a housing development project, as defined in Government Code Section 65589.5(h)(2), no demolition or other loss of a legally established residential dwelling unit in the city shall be approved unless it is part of a project that will create at least as many residential dwelling units as that to be demolished or otherwise lost. (e) Unsafe Structures. If a building, structure or object is determined by the City’s Building Official and Community Development Director to be unsafe, presents a public hazard, is not securable, or is in imminent danger of collapse so as to endanger persons or property, the demolition standards of 100 Section 9-4.168(b) may not apply. The Building Official and Community Development Director’s mutual determination on this matter shall be governed by applicable law. 9-4.170 Watercourse- and Wetland-Adjacent Development - Purpose. The following Sections 9-4.171 through 9-4.175 establish standards for the review of proposed development adjacent to watercourses and wetlands within Atascadero. The purpose of these sections is to promote public health, safety, and welfare by establishing procedures and standards necessary to: (a) Implement the goals and policies of the General Plan; (b) Consider potential flood impacts prior to approving development; (c) Consider sensitive resources in the development process; (d) Maintain rights of the owners of watercourse- and wetland-adjacent property; and (e) Fulfill the City’s responsibilities under any applicable state and federal laws, including the California Environmental Quality Act and National Environmental Policy Act. 9-4.171 Applicability. (a) General. The provisions of Sections 9-4.170 through 9-4.175 apply to all watercourse- and wetland-adjacent areas in Atascadero, as defined below: (1) Watercourse-Adjacent Areas. Watercourse-adjacent areas include the following: (i) Areas located within one-hundred (100) feet of the Salinas River; and (ii) Areas located within twenty (20) feet of any other major or minor watercourse, as defined in Section 9-4.172 (Definitions). (2) Wetland-Adjacent Areas. Wetland-adjacent areas are those located within twenty (20) feet of a jurisdictional wetland, as defined in Section 9-4.172 (Definitions). Figure 9-4.172-1: Watercourse-Adjacent Areas (b) Floodway and Floodplain. Development and activities within watercourse- and wetland-adjacent areas shall also comply with the provisions of Chapter 11 (Flood Damage Protection) and Title 7 (Public Works), as applicable. Where there is conflict between these Sections 9-4.170 through 9-4.175 and Chapter 11 of Title 7, the more restrictive provisions shall prevail. 101 (c) Prior Approvals. Where the City has explicitly approved a watercourse- or wetland-adjacent development with differing standards than those listed by these Sections 9-4.170 through 9-4.175, that approval shall govern development standards so long as the approval remains active. 9-4.172 Definitions. As used in these Sections 9-4.170 through 9-4.175, the following terms are defined: (a) Riparian Vegetation. Those herbaceous plants, shrubs, and trees that are naturally associated with watercourses where the plant species tolerates, or requires, moist soil conditions. Riparian vegetation canopies may extend over, or beyond, the existing associated watercourse. (b) Watercourse. Rivers, streams, brooks, creeks, waterways, lakes, ponds, and all other bodies of water, vernal or intermittent, public or private, that are contained within, flow through, or border the city, and which are not considered “wetlands.” (1) Major Watercourse. The major watercourse features within the city limits are the Salinas River, Atascadero Creek, Graves Creek, Paloma Creek, and Boulder Creek. (2) Minor Watercourse. Minor watercourse features are those other perennial, intermittent, or ephemeral watercourse features that are considered jurisdictional by the state and/or federal government and not included in the definition of a major watercourse (Section 9-4.172[b][1]). (c) Watercourse-Adjacent Areas. See Section 9-4.171(a)(1) (Watercourse-Adjacent Areas). (d) Wetland, or Jurisdictional Wetland. Wetlands shall be consistent with the California Fish and Game Code and Clean Water Act definitions. Wetlands are typically areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. (e) Wetland-Adjacent Areas. See Section 9-4.171(a)(2) (Wetland-Adjacent Areas). 9-4.173 Measurement of Watercourse- and Wetland-Adjacent Areas. (a) Watercourse-Adjacent Areas. Measurement of water-course adjacent areas shall be from the existing top of bank or ordinary high watermark if no defined bank exists. (1) Measuring Top of Bank. (i) General. Top of bank determination shall be consistent with the California Department of Fish and Wildlife definition. Generally, where the watercourse has a sloped bank rising from the toe of the bank to a hinge point at the generally level upper ground, the hinge point is the “top of bank.” (ii) 100-Year Flood Plain. Where the watercourse bank slope rises from the toe of the bank, levels off one or more times, then rises to a hinge point at the generally level upper ground, the hinge point at or directly above the FEMA 100-year flood surface elevation shall be considered top of bank. If the FEMA 100-year flood surface elevation is above the 102 highest hinge point, the highest hinge point is considered top of bank. See Figure 9-4.173-1: Measurement of Top of Bank. Figure 9-4.173-1: Measurement of Top of Bank (b) Wetland-Adjacent Areas. Measurement of wetland-adjacent areas shall be from the edge of the jurisdictional wetland boundary as identified by a qualified environmental consultant or wetlands specialist. 9-4.174 Process and Application Submittal. (a) Ministerial Review Process. Development or placement of items in a watercourse- or wetland-adjacent area that does not otherwise require a discretionary approval, or is not part of a project that requires discretionary approval pursuant to this Title 9 (including, but not limited to, Conditional Use Permits and Precise Plans), shall be processed as a ministerial approval (e.g., Building/Grading Permit, as applicable), only if: (1) The development and placement of items are consistent with Section 9-4.175 (Permitted Improvements); and (2) Upon confirmation by the Community Development Director based on a site visit and/or documentation that no applicable resources would be adversely affected. (b) Discretionary Review Process. Development or placement of items in a watercourse- or wetland-adjacent area that does not comply with Section 9-4.175 (Permitted Improvements) and/or that the Community Development Director has determined has the potential to adversely affect watercourse or 103 wetland resources, shall require discretionary approval of a Precise Plan pursuant to Section 9-2.109 (Precise Plan). (c) Application. In addition to the requirements of Chapter 2 (Applications: Content, Processing and Time Limits), and in addition to those requirements identified in Section 9-2.109 (Precise Plan), applications for development or placement of items in a watercourse- or wetland- adjacent area shall include the following, unless waived by the Community Development Director upon determining that no purpose will be served by such a report because no applicable watercourse or wetland resources will be affected: (1) Vegetation/Top of Bank/Riparian Technical Report. (i) For lots with riparian vegetation associated with a watercourse, lots with wetlands, and/or, at the discretion of the Community Development Director, for lots adjacent to those with riparian vegetation associated with a watercourse or wetland, a technical report prepared by a qualified environmental consultant or wetlands specialist that describes and maps the types of vegetation, identifies and maps the watercourse tops of banks, and determines the edge of riparian vegetation and wetlands, pursuant to Section 9-4.173(b); (ii) For lots with a watercourse and without riparian vegetation, a technical report prepared by a qualified environmental consultant, wetlands specialist, or licensed civil engineer that identifies the watercourse tops of banks and ordinary high-water mark, as applicable, pursuant to Section 9-4.173(a); and (iii) For Precise Plan applications, a technical report prepared by a qualified environmental consultant or wetlands specialist determining that the watercourse or wetland will not be significantly impacted by the improvement, including a biological survey, a written analysis of the project impacts to special status species, riparian and/or wetland habitat, and required avoidance and minimization measures. (2) Soil Report. For any structures proposed, a technical report prepared by a qualified soil engineer that confirms the watercourse bank and/or wetland is stable and is unlikely to erode, ensuring that the structure will not be structurally undermined. (3) Hydrology Report. For Precise Plan applications, a hydrology report prepared by a qualified licensed engineer providing analysis of the project impacts to hydrology and hydraulics. The hydrology report shall include a topographical survey of the watercourse or wetland feature with one-foot contour lines at one (1) to twenty (20)-foot scale from bank to bank within the development area (and which may, at the discretion of a qualified licensed engineer and/or as required by the Community Development Director and/or the City Engineer or their designees, include additional areas up and downstream, including areas beyond the property lines), engineered grading and drainage plan of the site, and required avoidance and minimization measures. (d) State and/or Federal Regulatory Agency Jurisdiction. Applications for development within a watercourse-adjacent or wetland-adjacent area may also be subject to state and/or federal regulatory agency jurisdiction and shall ensure compliance with applicable regulations and permitting procedures. 9-4.175 Permitted Improvements. 104 (a) General Permitted Development and Placement of Items. (1) Allowed Items. The following items are allowed within the watercourse- and wetland-adjacent areas with ministerial approval pursuant to Section 9-4.174(a): (i) Fences, provided such fences maintain seventy-five percent (75%) open air, such as welded wire mesh, hog wire, or split rail, and that if crossing a watercourse, do not extend below the ordinary high-water mark or otherwise impede water flow; (ii) Landscape walls less than three (3) feet in height; (iii) Walkways (either pervious or impervious) no more than six (6) feet in width; (iv) The following patios, decks, and gazebos that cumulatively occupy no more than thirty percent (30%) of the property line adjacent to the watercourse (in linear feet): a. Patios (either pervious or impervious) that encroach no more than two-hundred (200) square feet into the watercourse- or wetland-adjacent area; b. Raised decks, including stairs and landings, that encroach no more than three-hundred (300) square feet into the watercourse- or wetland-adjacent area; and c. Small open-air accessory structures including gazebos, patio covers, pergolas, trellises, or other similar structures without a solid roof, and constructed so that each side is open and unenclosed except for structurally necessary supports, that encroach no more than two-hundred (200) square-feet into the watercourse- or wetland-adjacent area; (v) Non-fixed outdoor furniture that is not permanently attached to a structure or the ground; (vi) Bioswales, rain gardens, and similar non-structural flood control and stormwater improvements constructed with natural materials and planted with non-invasive vegetative species; (vii) Repairs to existing permitted structures and facilities that do not increase the size or footprint of the structures or facilities; (viii) Minor landscape features not requiring grading; (ix) Landscape installation of non-invasive vegetative species; (x) Vegetation management, which may require agency permits if located within a riparian area; (xi) Watercourse or wetland monitoring or gauging facilities operated by local, state, or federal agencies; (xii) Underground utilities permitted by the United States Army Corps of Engineers, California Department of Fish and Wildlife, or Regional Water Quality Control Board; (xiii) Private ground-mounted utilities (e.g., propane tank), only if there is no other feasible location on the property; and (xiv) Public utilities. 105 (2) Requirements for Placement. Items listed in Section 9-4.175(a)(1) are allowed provided: (i) Except fences allowed by Section 9-4.175(a)(1)(i), items do not extend: a. Beyond the top of bank, or ordinary high watermark if no defined bank exists; b. Into the watercourse channel; or c. Within the delineated jurisdictional boundary of a wetland; (ii) Items do not conflict with Title 7, Chapter 11 (Flood Damage Prevention); and (iii) Items are consistent with all other development standards of Title 9 (Planning and Zoning). (b) Permitted Development and Placement of Items in Downtown. (1) Permitted Items. In Downtown, between U.S. 101 and Hospital Drive, and adjacent to Atascadero Creek, on commercially or publicly owned properties, the following items are allowed within the watercourse- and wetland-adjacent areas with ministerial approval pursuant to Section 9-4.174(a): (i) All items listed in Section 9-4.175(a); (ii) Publicly accessible trails; and (iii) Outdoor dining areas and gathering spaces. (2) Requirements for Placement. Items listed in Section 9-4.175(b)(1) are allowed provided: (i) Except fences allowed by Section 9-4.175(a)(1)(i), items do not extend: a. Beyond the top of bank, or ordinary high watermark if no defined bank exists; b. Into the watercourse channel; or c. Within the delineated jurisdictional boundary of a wetland; (ii) Items do not conflict with Title 7, Chapter 11 (Flood Damage Prevention); (iii) On commercially owned properties, items in total do not occupy more than 50 percent of the total required setback area on the lot; and (iv) Items are consistent with all other development standards of Title 9 (Planning and Zoning). (c) Watercourse Crossings. (1) Permitted Items. Over minor watercourses only, the following are allowed: (i) Clear span bridges; (ii) Standard round culverts with a minimum fifteen (15) inch diameter and up to twenty-four (24) inches in diameter; and (iii) Arched or natural bottom culverts over twenty-four (24) inches in diameter. (2) Requirements for Placement and Construction. Items shall be designed in accordance with all applicable best management practices to prevent obstruction or diversion of flood and drainage flow and to minimize adverse impacts to riparian vegetation and habitat and scenic resources 106 along or within the watercourse. Concrete sides and/or bottoms of watercourses are prohibited. See also Title 7, Chapter 11 (Flood Damage Prevention). (d) Prohibited Activities. The keeping and grazing of swine, ovines, and/or bovines; storage of vehicles or materials; and active recreation uses that result in natural landform modification are prohibited in watercourse- and wetland-adjacent areas. See also Title 5, Chapter 15 (Prohibited Camping). 107 DRAFT PC RESOLUTION B RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL INTRODUCE AN ORDINANCE TO APPROVE A ZONING MAP AMENDMENT TO REMOVE THE HISTORIC SITE (HS) OVERLAY ZONE FROM CERTAIN PROPERTIES CONTAINING COLONY HOMES AND APPLY THE HISTORIC SITE (HS) OVERLAY TO STATE AND FEDERALLY REGISTERED HISTORIC RESOURCES HISTORIC SITE OVERLAY ZONING MAP AMENDMENTS (ZCH-0061) WHEREAS, California Government Code Section 37361 enables city legislative bodies to provide for “places, buildings, structures, works of art, and other objects, having a special character or special historical or aesthetic interest or value, special conditions or regulations for their protection, enhancement, perpetuation or use”; and WHEREAS, Atascadero was one of the first master planned communities in California born out of the City Beautiful movement, with the Atascadero Colony subdivision recorded in 1913 beginning the “colony era” of colony home building between 1913 and 1926, providing important historic context for the City; and WHEREAS, certain properties, buildings, and other known resources in Atascadero are listed on the State and/or National Register of Historic Places; and WHEREAS, the existing Historic Site (HS) Overlay has been applied to certain properties with historic resources over the years, but not all recognized resources; and WHEREAS, properties listed on the State and/or National Register of Historic Places are of unique importance; and WHEREAS, the Historic Site (HS) Overlay serves as a companion to the City’s proposed Historic Resources Ordinance (new AMC Sections 9-4.163 through 9-4.169) specific to those properties listed on the State and/or National Register of Historic Places; and WHEREAS, the Planning Commission has had the opportunity to review the Atascadero HS Overlay Zoning Map Amendment and has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Map Amendment was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning Map Amendment; and 108 WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero, California makes the following findings, determinations and recommendations with respect to the proposed Historic Resources List: SECTION 1. Recitals: The above recitals are true and correct and incorporated herein as if set forth in full. SECTION 2. Public Hearings. The Planning Commission held a duly noticed public hearing to consider the project on October 15, 2024 and considered testimony and reports from staff and the public. SECTION 3. Findings for Approval. The Planning Commission finds as follows: A. Findings for Approval of a Zoning Map Amendment: 1. FINDING: The Zoning Map Amendment is consistent with General Plan policies and all other applicable ordinances and policies of the City. FACT: The proposed Zoning Map Amendment is consistent with the General Plan, including Goal LOC 6: preserve natural flora and fauna and protect scenic lands, sensitive natural areas, historic buildings and cultural resources. 2. FINDING: This Amendment of the Zoning Map will provide for the orderly and efficient use of lands where such development standards are applicable. FACT: The proposed map amendment identifies existing State and federally recognized historic resources and supports the orderly and efficient use of land. 3. FINDING: The Zoning Map Change will not, in itself, result in significant environmental impacts. FACT: The proposed map amendment protects existing historic resources, is aligned with the California Environmental Quality Act Guidelines, and will not result in an environment impact. SECTION 4. CEQA. The proposed Zoning Map Amendment is exempt from the California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). 109 SECTION 5. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 15, 2024, resolved to recommend that the City Council introduce, for first reading, an ordinance that would amend the official zoning designation as detailed in Exhibit A (Zoning Map Amendment), attached hereto and incorporated by this reference. 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. On motion by Commissioner ____________________, and seconded by Commissioner _____________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Tori Keen Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 110 EXHIBIT A: LISTS OF PROPERTIES WHERE THE HISTORIC OVERLAY IS TO BE REMOVED OR APPLIED PROPERTIES WHERE HISTORIC SITE OVERLAY IS ELIMINATED APN(S) ADDRESS(ES) NOTES 029-252-001 5735 Rosario HS Overlay previously established with PD-28 029-322-022 5825 Ridgeway HS Overlay previously established with PD-29 030-292-022 8255 San Andres HS Overlay previously established with PD-25 049-104-032 5466 Regio HS Overlay previously established with PD-17 056-131-015 8780 Portola HS Overlay previously established with PD-23 049-105-001 1410 Medio HS Overlay previously established with PD-17 PROPERTIES WHERE HISTORIC SITE OVERLAY IS ADOPTED AND APPLIED APN(s) ADDRESS(ES) NOTES 029-345-001 029-346-001 6500, 6505 El Camino Real City Hall and Sunken Gardens; Listed on State and National Registers of Historic Places 029-331-003 6531 Olmeda The Printery; Listed on State and National Regis- ters of Historic Places 111 DRAFT PC RESOLUTION C RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL ADOPT A GENERALIZED HISTORIC RESOURCES LIST GENERALIZED HISTORIC RESOURCES LIST (ZCH 23-0061) WHEREAS, California Government Code Section 37361 enables City legislative bodies to provide for “places, buildings, structures, works of art, and other objects, having a special character or special historical or aesthetic interest or value, special conditions or regulations for their protection, enhancement, perpetuation or use”; and WHEREAS, Atascadero was one of the first master planned communities in California born out of the City Beautiful movement, with the Atascadero Colony subdivision recorded in 1913 beginning the “colony era” of colony home building between 1913 and 1926, providing important historic context for the City; and WHEREAS, certain properties, buildings, and other known resources in Atascadero are listed on the State and/or National Register of Historic Places, however, the City has no formally adopted local list of historic resources; and WHEREAS, the City must consider the environmental impact of projects on historic resources as part of standard California Environmental Quality Act (CEQA) review; and WHEREAS, the City, in concert with the Atascadero Historical Society, has identified Colony Homes and other historic resources located within the community to provide current and accurate information about the City’s historic resources; and WHEREAS, the City’s proposed Historic Resources Ordinance (new AMC Sections 9- 4.163 through 9-4.169) addresses the modification of historic resources and provides information needed to review projects effectively in relation to local standards, the Secretary of Interior’s Standards for the Treatment of Historic Properties, and the CEQA; and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to protect known historic resources as feasible under the provisions of the Historic Resources Ordinance; and WHEREAS, a timely and properly noticed Public Hearing was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said resources; and 112 WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero, California makes the following findings, determinations and recommendations: SECTION 1. Recitals: The above recitals are true and correct and incorporated herein as if set forth in full. SECTION 2. Public Hearings. The Planning Commission held a duly noticed public hearing to consider the project on October 15, 2024 and considered testimony and reports from staff and the public. SECTION 3. CEQA. This action is exempt from the California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). SECTION 4. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 15, 2024, resolved to recommend that the City Council identify historic resources for enaction of the historic resource Ordinance as listed in EXHIBIT A, attached hereto and included by reference. 113 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. On motion by Commissioner ____________________, and seconded by Commissioner _____________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Tori Keen Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 114 EXHIBIT A Generalized Historic Resource List Historic Resources for the purposes of enacting the Historic Resource Ordinance (AMC Sections 9-4.163 through 9-4.169) shall be identified as follows: (1) Colony Era and Pre-Colony Era structures built prior to 1926 that retain historical integ- rity; or (2) Other buildings, structures, objects, or sites that: (i) Are at least 50 years old; (ii) Exhibit demonstrable historic significance consistent with the Historic Resource List eligibility criteria listed in AMC Section 9-4.166(b); and (iii) Retain sufficient historic integrity to accurately convey its significance (3) Any structure on the State or Federal Register of Historic Places 115