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HomeMy WebLinkAboutPC_2014-01-07_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, January 7, 2014 – 7:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor (Enter on Lewis Ave./Jr. High School Side) Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson David Bentz Vice Chairperson Dennis Schmidt Commissioner Duane Anderson Commissioner Len Colamarino Commissioner Christian Cooper Commissioner Mark Dariz Commissioner Jan Wolff 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.) PLANNING COMMISSION BUSINESS City of Atascadero Planning Commission Agenda Regular Meeting, January 7, 2014 Page 2 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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 ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON DECEMBER 17, 2013. COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2099-0079 / TREE REMOVAL PERMIT FOR VIA CIELO Property Owner/Applicant: Marty Mohamed, Estancia Development, LLC, PO Box 13, Pismo Beach, CA 93448 Certified Arborist: Terry Lee, American Society of Landscape Architects, 470 Pismo Street, Pismo Beach, CA 93449 Project Title: PLN 2099-0079 / TRP 2013-0169 Project Location: Lot 63, Via Cielo, Atascadero, CA 93422 APN 045-313-005 (San Luis Obispo County) Project Description: A request to remove one (1) 48-inch DBH White Oak that has died of natural causes on a vacant lot. The tree is within the Woodlands/Las Lomas Specific Plan area, and therefore, requires approval of a tree removal prior to removing a native tree. General Plan Designation: OS Zoning: SP1 Staff Recommendation: Staff recommends that the tree be removed in order to eliminate any hazard that would be associated with having a home near the dead tree. Staff recommends that the applicant replant native trees on site to mitigate the tree removal. City of Atascadero Planning Commission Agenda Regular Meeting, January 7, 2014 Page 3 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 3. PLN 2013-1470 / CUP 2013-0270 / TPM 2013-0100 / TRP 2013-0166 FOUR (4) LOT SUBDIVISION WITH MASTER PLAN OF DEVELOPMENT: 3000 EL CAMINO REAL Property Owner: Susan B. Newton-Trustee, 6395 Hog Canyon Road, San Miguel, CA 93451 Applicants: Don Newton, 6395 Hog Canyon Road, San Miguel, CA 93451 Project Title: Four (4) Lot Subdivision with Master Plan of Development PLN 2013-1470/ CUP 2013-0270 / TPM 2013-0100 / TRP 2013-0166 / DRC 2013-0043 Project Location: 3000 El Camino Real, Atascadero, CA 93422 San Luis Obispo County (APN 049-211-054) Project Description: The applicant has submitted applications for a Tentative Parcel Map and a conceptual Master Plan of Development (Conditional Use Permit) to subdivide one (1) existing lot into four (4) lots in the Commercial Park (CPK) zone. One lot will contain the existing Kai Lana Restaurant and associated parking, and three (3) vacant lots are proposed to be created for future sale and development. The Master Plan of Development will ensure orderly development with shared access and parking, consistent with the purpose and minimum lot size requirements of the CPK zone. Two (2) native trees are proposed for removal. General Plan Designation: Commercial Park (CPK) Zoning: Commercial Park (CPK) Proposed Environmental Determination: The proposed project qualifies for a Class 15 categorical exemption under CEQA, which exempts the division of property in urbanized areas zoned for commercial or industrial use into four or fewer parcels. Staff Recommendation: Design Review Committee recommends the Planning Commission approve the proposed Conditional Use Permit, Tentative Parcel Map, and Tree Removal Permit, based on findings and subject to Conditions of Approval. City of Atascadero Planning Commission Agenda Regular Meeting, January 7, 2014 Page 4 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNEMENT The next regular meeting of the Planning Commission is scheduled for January 21, 2014 at City Hall Council Chambers, 6500 Palma Avenue, Atascadero. 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. t:\~ planning commission\pc agendas\pc 2013\pc agenda. am.1-7-14.docx City of Atascadero Planning Commission Agenda Regular Meeting, January 7, 2014 Page 5 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view 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 7:00 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 office 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 available 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 (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting o r service. 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 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting 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. PC Draft Action Minutes of 12/17/13 Page 1 of 4 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, December 17, 2013 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:04 p.m. Chairperson Bentz called the meeting to order at 7:04 p.m. and Vice Chairperson Schmidt led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Colamarino, Dariz, Wolff, Vice Chairperson Schmidt, and Chairperson Bentz Absent: Commissioner Cooper (excused absence) Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace Assistant Planner Alfredo Castillo APPROVAL OF AGENDA MOTION: By Vice Chairperson Schmidt and seconded by Commissioner Wolff to approve the agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Bentz closed the Public Comment period. ITEM NUMBER: 1 DATE: 1-7-14 PC Draft Action Minutes of 12/17/13 Page 2 of 4 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 19, 2013. 2. APPROVAL OF PLANNING COMMISSION MEETING SCHEDULE FOR 2014 MOTION: By Vice Chairperson Schmidt and seconded by Commissioner Dariz to approve the consent calendar. Motion passed 6:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 3. PLN 2013-1486 / TREE REMOVAL PERMIT FOR 6950 LOS GATOS ROAD Property Owner/Applicant: Brandon Pahler, 9480 Atascadero Ave., Atascadero, CA 93422 Certified Arborist: Cory Meyer, 7345 Pinal Ave., Atascadero, CA 93422 Project Title: PLN 2013-1486 / TRP 2013-0167 Project Location: 6950 Los Gatos Road, Atascadero, CA 93422 San Luis Obispo County (APN 054-121-035) Project Description: The proposed project consists of an application to allow for the removal of one (1) 36- inch Valley Oak tree for the construction of a storm water basin and single-family home on a vacant lot at 6950 Los Gatos Road. General Plan Designation: SFR-Z Zoning District: RSF-Z Staff Recommendation: Staff recommends removal of one (1) 36-inch Valley Oak tree based on findings that the tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department subject to conditions and mitigation. PC Draft Action Minutes of 12/17/13 Page 3 of 4 Assistant Planner Castillo gave the staff report, stated that there is a typo in the Resolution (it says 25-dbh and it should say 36-dbh) and answered questions from the Commission. Vice Chairperson stated he would like to see the applicant plant Lobata trees for mitigation. PUBLIC COMMENT None Chairperson Bentz closed the public comment period. MOTION: By Commissioner Wolff and seconded by Commissioner Colamarino to approve PC Resolution 2013-0034 approving PLN 2013- 1486/TRP 2013-0167 to allow the removal of one (1) 36-inch DBH Valley Oak tree at APN 054-121- 035 at 6950 Los Gatos Road, based on required findings and subject to mitigation and conditions of approval. Motion passed 6:0 by a roll-call vote. 4. REVIEW OF DEVELOPMENT PROJECTS - 2013 Director Frace gave a presentation to the Commission on development projects that happened in the City in 2013. COMMISSIONER COMMENTS AND REPORTS  Commissioner Colamarino had questions about mobile food vendors, El Paseo on Traffic Way (wine-themed development), and City/Chamber of Commerce monthly meetings.  Vice Chairperson Schmidt had questions about the lake dredging silt material, the Hoff road abandonment, mobile food vending, and the dormant permit program. Director Frace answered questions from Commissioners. PC Draft Action Minutes of 12/17/13 Page 4 of 4 DIRECTORS REPORT  Director Frace stated that the next Planning Commission meeting will be on January 7, 2014, and there will be an industrial map with a use permit before the Commission for review.  Director Frace stated that the City Council denied the appeal for the Millhollin Mine. The appeal was to reopen the mine.  Director Frace said the Taco Bell was remodeled and has now re-opened.  Director Frace stated that Senior Planner Callie Taylor will be out on leave at the beginning of January, and Kelly Gleason, who used to work at the City as a planner, will be filling in temporarily to help out in her absence. ADJOURNMENT – 8:05 p.m. The next regular meeting of the Planning Commission is scheduled for January 7, 2014, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary ITEM NUMBER: 2 DATE: 1-7-14 Atascadero Planning Commission Staff Report – Community Development Department Callie Taylor, Senior Planner, 470-3448, ctaylor@atascadero.org PLN 2099-0079 / TREE REMOVAL PERMIT 2013-0169 Dead Tree on Lot 63 Las Lomas 9650 Via Cielo (Estancia Development, LLC,) SUBJECT: The proposed project includes a request to remove one (1) 48-inch DBH White Oak that has died of natural causes on a vacant lot. The tree is within the Woodlands/Las Lomas Specific Plan area, and therefore requires approval of a tree removal permit prior to removing the native tree. RECOMMENDATION: Staff Recommends: Planning Commission adopt Resolution PC 2014--0001 to allow the removal of one (1) 48-inch DBH White Oak based on the required findings and subject to conditions of approval and mitigation. Situation and Facts: 1. Owner/ Applicant:: Estancia Development, LLC, PO Box 13, Pismo Beach, CA 93448 2. Project Address: Lot 63, 9650 Via Cielo, Atascadero, CA 93422 APN 045-313-005 San Luis Obispo County 3. Certified Arborist: Terry Lee, Certified Arborist, American Society of Landscape Architects 470 Pismo Street, Pismo Beach, CA 93448 4. General Plan Designation: Single-Family Residential-Y (SFR-Y) 5. Zoning District: Specific Plan 1: Las Lomas / Woodridge (SP1) ITEM NUMBER: 2 DATE: 1-7-14 Background: The Las Lomas / Woodridge Specific Plan development was originally approved by the City Council in 2003. The original approvals included specific analysis of native trees, including which trees were allowed to be removed and which were to be saved during construction. The previous project owner completed the majority of the subdivision site improvements in 2005, including installation of the roads, general site drainage, and rough pad grading of the lots. Tree protection was installed during construction, and only those trees approved for removal were removed. Last year a new owner, Estancia Development. LLC, in conjunction with Coastal Community Builders, purchased the ten (10) vacant large SFR-3 lots in the Specific Plan area. The new owner is currently preparing to begin construction of the ten remaining units on Via Cielo. ANALYSIS: As the new owner was preparing site specific plans for construction, it became evident that the 48-inch White Oak on Lot 63 has had severe decline over the years, and is now creating a potential hazard on this lot. The tree is located near the west property line, near the existing home on Lot 62. Tree Proposed for Removal on Lot 63 ITEM NUMBER: 2 DATE: 1-7-14 The applicant’s arborist has evaluated the tree and determined that the tree has died due to natural causes. Grading, drainage improvements and roads were not installed in proximity to this tree, but had only minor impacts to the critical root zone. In order to eliminate the potential hazard created by the dead tree, the project arborist and City staff are recommending that he tree be removed as soon as possible. The future home on Lot 63 does not conflict with the location of the existing dead tree; however, the tree should be removed in order to remove any liability for the developer or future homeowner. Tree Mitigation The Atascadero Municipal Code (AMC) requires mitigation for all trees approved for removal, including dead trees. Mitigation may be through one or more of the following methods as identified in AMC Section 9-11.105: AMC Section 9-11.105: Tree removal permits shall be conditioned by one or more of the following methods: (i) Depending on the characteristics of the site the applicant may plant replacement trees on site. This method shall include payment in advance for three (3) site inspections during a four (4) year establishment period; (ii) Payment of fee to the Tree Replacement Fund; (iii) Establishment of conservation easements, which will restrict removal of any tree within a designated area of the property. (Ord. 350 § 2 (part), 1998) In accordance with Section 9-11.105 of the Atascadero Native Tree Ordinance, Staff has included a condition in the attached resolution which requires replanting of new native trees on site. With the removal of this large White Oak, there will be a large open area for tree planting on Lot 63. The native tree replacement standards require planting of sixteen (16) five-gallon native trees on site. Larger trees may be planted in order to reduce the total number of replacement trees required. ITEM NUMBER: 2 DATE: 1-7-14 FINDINGS: In considering any tree removal request, at least one of the required findings must be made by the Planning Commission. Staff has identified the following finding as appropriate for the application request: “The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist.” CONCLUSIONS: A tree removal application has been submitted for removal of a 48-inch DBH White Oak on Lot 63 at Las Lomas. The tree is dead and is recommended for removal in order to eliminate the potential hazard. The tree is within the Woodlands/Las Lomas Specific Plan area, and therefore, requires approval of a tree removal permit prior to removing the native tree. Based on the above analysis, staff believes findings can be made to approve the requested removal, subject to the required mitigation. ALTERNATIVES: 1. The Commission may approve the project with additional or revised project conditions. 2. The Commission may deny the project if it is found that the required findings cannot be made. 3. The Commission may continue the item and refer the request back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information needed. ATTACHMENTS: Attachment 1 – Location Map (General Plan & Zoning) Attachment 2 – Aerial Photo Attachment 3 – Arborist Report Attachment 4 – Draft Resolution PC 2014-0001 ITEM NUMBER: 2 DATE: 1-7-14 ATTACHMENT 1: Location Map (Zoning Map) PLN 2099-0079 / TRP 2013-0169 Lot 63, 9650 Via Cielo General Plan Designation: Single-Family Residential-Y (SFR-Y) Zoning District: Specific Plan 1: Las Lomas / Woodridge (SP1) Lot 63, 9650 Via Cielo ITEM NUMBER: 2 DATE: 1-7-14 ATTACHMENT 2: Aerial Photo (2011) PLN 2099-0079 / TRP 2013-0169 Lot 63, 9650 Via Cielo Lot 63, 9650 Via Cielo Dead tree proposed for removal ITEM NUMBER: 2 DATE: 1-7-14 ATTACHMENT 3: Arborist Report PLN 2099-0079 / TRP 2013-0169 Lot 63, 9650 Via Cielo ITEM NUMBER: 2 DATE: 1-7-14 ATTACHMENT 4: Draft Resolution PC 2014-0001 PLN 2099-0079 / TRP 2013-0169 Lot 63, 9650 Via Cielo DRAFT RESOLUTION PC 2014-0001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2099-0079 / TRP 2013-0169, TO ALLOW THE REMOVAL OF ONE (1) WHITE OAK TOTALING 48-INCHES DBH LOCATED ON LOT 63 OF LAS LOMAS, 9650 VIA CIELO APN 045-313-005 WHEREAS, an application was received from Estancia Development, LLC, PO Box 13, Pismo Beach, CA 93448, (Owner and Applicant) for a Tree Removal Permit to remove one (1) White Oak totaling 48 inches DBH; and, WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on January 7, 2014, at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1. Findings for tree removal. The Planning Commission finds as follows: “The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist.” SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 7, 2014, resolved to approve Tree Removal Permit 2013- 0169, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tree Mitigation Chart ITEM NUMBER: 2 DATE: 1-7-14 On motion by Commissioner ____________________, and seconded by Commissioner _________________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA _________________________________________ David Bentz Planning Commission Chairperson ATTEST: ___________________________________ Warren Frace Planning Commission Secretary ITEM NUMBER: 2 DATE: 1-7-14 EXHIBIT A: Conditions of Approval PLN 2099-0079 / TRP 2013-0169, Lot 63, 9650 Via Cielo Conditions of Approval PLN 2099-0079 / TRP 2013-0169 Lot 63 Las Lomas, 9650 Via Cielo Timing FM; Final Map BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Standard Planning Conditions 1. The approval of this application shall become final, subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Tree removal PS 2. The applicant and/or subsequent owners shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the proposed development. On going PS 3. The applicant shall mitigate the tree removals by replanting per the native tree standards. At least sixteen (16) five-gallon native trees shall be planted on site as mitigation for the removed tree. Larger trees may substitute for the 5- gallons, with fewer trees required to be planted, per staff approval. The majority of trees shall be replanted in the general area of the removed tree along the western side of Lot 63. Irrigation shall be provided to all new native tree plantings. Tree removal PS ITEM NUMBER: 2 DATE: 1-7-14 EXHIBIT B: Tree Mitigation Chart September 2, 2003 Page 1 of 20 Atascadero Planning Commission Staff Report - Community Development Department Erick Serrano, Planning Intern, 470-3480, eserrano@atascadero.org Callie Taylor, Senior Planner, 470-3448, ctaylor@atascadero.org PLN 2013-1470 CUP 2013-0270 / TPM 2013-0100 /TRP 2013-0166 4 Lot Subdivision with Master Plan of Development SUBJECT: The proposed project consists of a Tentative Parcel Map to subdivide one (1) existing 2.56 acre lot at 3000 El Camino Real into four (4) lots. The parcel is located in the Commercial Park zoning district, and therefore, requires a conceptual Master Plan of Development (Conditional Use Permit 2013-0270) in order to permit the smaller lot sizes and ensure orderly development. Two (2) native trees are proposed for removal in order to construct a shared access driveway through the project site. RECOMMENDATION: Design Review Committee Recommends Planning Commission: 1. Adopt PC Resolution 2014-0002, approving Conditional Use Permit 2013-0270 and Tree Removal Permit 2013-0166, thereby approving a conceptual Master Plan of Development with minimum lot sizes below two acres, subject to Conditions of Approval and based on findings; and, 2. Adopt PC Resolution 2014-0003 approving Tentative Parcel Map 2013-0100 for a four (4) lot subdivision at 3000 El Camino Real consistent with CUP 2013- 0270, subject to Conditions of Approval and based on findings. Situation and Facts 1. Applicant: Don Newton, 6395 Hog Canyon Road, San Miguel, CA 93451 2. Property Owner: Susan B. Newton-Trustee, 6396 Hog Canyon Road, San Miguel, CA 93451 ITEM NUMBER: 3 DATE: 1-7-14 3. Project Address: 3000 El Camino Real, Atascadero, CA 93422, APN 049-211-054 4. General Plan Designation: Commercial Park (CPK) 5. Zoning District: Commercial Park (CPK) 6. Site Area: 2.56 acres 7. Existing Use: Kai Lana Restaurant 8. Environmental Status: Class 15 categorical exemption for the division of property in urbanized areas zoned for residential, commercial or industrial use into four or fewer parcels. DISCUSSION: Background The existing 2.56 acre site at 3000 El Camino Real is currently developed with Kai Lana restaurant, located towards the northern portion of the lot at the corner of San Benito Road and El Camino Real. The southern and western portions of the lot are vacant. The site contains several native trees. The applicant has applied for a Tentative Parcel Map in order to subdivide and sell a portion of the existing parcel for future development by others. A Master Plan of Development is required in the CPK zone in order to create lots smaller than two (2.0) acres, and therefore, a Conditional Use Permit application has also been submitted to identify the conceptual master plan and shared access through the new lots. Surrounding Land Use and Setting North: Commercial Park (CPK) South: Commercial Park (CPK East: Residential Suburban (RS) West: Commercial Park (CPK) & HWY 101 Project Site 3000 El Camino Real DRC Review The Atascadero Design Review Committee (DRC) reviewed the proposed project on December 11, 2013. The DRC recommends approval of the proposed project with the following conditions: 1) Shared access, parking easements and maintenance agreement to be established at time of Final Map to clearly identify future shared access areas and maintenance of pavement, driveways, sidewalks, parking and landscape areas (not required to be an association); 2) The architectural character of the buildings shall be consistent throughout the development, and shall be reviewed by DRC prior to issuance of building permits; 3) A deed notification shall be recorded on each lot to notify future owners that a CUP for site development has been established, and that the first parcel to develop is required to install the shared through access driveway. An additional map sheet shall be recorded with the Final Map to reference the conceptual Master Plan of Development; 4) The parking shown on Parcel 1 shall be constructed at time of building permits for any future expansion of the existing restaurant; 5) Building footprints shown with the Master Plan are conceptual, and changes to the building locations or sizes may be permitted as follows: o Staff level approval for minor modifications (under 10% change) o DRC review required for major changes. The DRC recommendations have been included in the attached draft Planning Commission resolutions as Conditions of Approval. ANALYSIS: The proposed projects consist of a request for a Tentative Parcel Map to subdivide the existing parcel at 3000 El Camino Real into four (4) smaller lots in the Commercial Park (CPK) zone. Parcels are proposed at 0.79, 0.43, 0.43, and 0.91 acres each. The Atascadero Municipal Code (AMC Section 9-3.251) states that “this zone is established to provide for large lot commercial and light manufacturing uses. It is intended that special attention be given to providing for comprehensive development plan to achieve appropriate functional relationships between various uses and preclude “piecemeal” development of existing larger lots.” In order to ensure that orderly development is created consistent with the zoning district intention, the minimum lot size in the Commercial Park zone is two (2.0) acres. AMC Section 9-3.254 allows smaller lot sizes for planned commercial and industrial developments, provided that the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Park Zone. Therefore, a Master Plan of Development must be processed in the form of a Conditional Use Permit in order to subdivide the existing 2.56 acre lot at 3000 El Camino Real. The Conditional Use Permit ensures that even after the parcel map is recorded and the lots are sold the separate owners, the overall subdivision layout will be constructed in an orderly manner, thereby preventing piecemeal site development of the new small lots. The master plan identifies a conceptual site layout with through shared access for vehicles and pedestrians between the lots, shared parking, landscape areas, shared drainage facilities, and conceptual building footprints. Proposed Master Plan of Development Access and Parking: The proposed subdivision includes a shared easement for through access from El Camino Real to San Benito Road, providing vehicular, pedestrian, and emergency access to all four lots. Parking will line the access road to provide shared parking on Lots 2, 3, and 4, for use by all four lots. Parking on Lot 1 (the existing restaurant) is not proposed to be shared and would be for exclusive use by restaurant site. There are a total of 88 proposed spaces as shown in Table 1. The proposed total parking spaces is consistent with the required number of parking spaces found in AMC Section 9-4.118 based on the probable uses for the Master Plan of Development. Table 1: Proposed Parking Calculation based on Proposed Uses Proposed Parcel 1 – Kai Lana Restaurant 40 Proposed Parcel 2 – General Merchandise Store 12 Proposed Parcel 3 – General Merchandise Store 18 Proposed Parcel 4 – Possible Mini Storage 2 Total Proposed Spaces 88 Kai Lana Restaurant is located on proposed Lot 1. The restaurant will retain its existing parking lot and access points on El Camino Real and San Benito Road. Currently, the restaurant has nine (9) paved parking spaces on site, and an adjacent area for overflow parking. Based on the size of the restaurant and the number of tables, the restaurant should be providing about 40 parking spaces on site to accommodate the existing business. As part of the Master Plan of Development, an additional future parking area with 19 spaces is proposed on Lot 1 for the restaurant. The restaurant will also be able to use the parking on the adjacent lots as part of the shared access and parking easement. The Design Review Committee discussed the timing of the additional 19 restaurant spaces during their review on December 11. The DRC recommends that that the additional parking be installed if the restaurant submits any permits for expansion in the future. The parking on Lot 1 would not be required to be installed in conjunction with the through subdivision through access on this lot. Landscape & Drainage: Landscape areas are provided around the buildings, parking lot, adjacent to El Camino Real, and in the small area near the basin and Highway 101 frontage. Approximately 24% of the site is retained as landscapeable area. Landscape plans will be submitted with building permits for each lot to identify specific plant type and location, street trees and parking lot trees and irrigation plans prior to permit issuance There is one trash enclosure provided on Lot 1 for the existing restaurant, and one additional shared trash enclosure will be provided along the southern property line for use by the three future buildings. Drainage easements are identified on the parcel map, and a shared drainage detention basin is provided at the southwest corner of the proposed Lot 4 adjacent to Highway 101. Building Architecture: The building architecture for the three (3) future buildings will be submitted at the time of building permit applications for the individual construction of each lot. The current owner intends to sell the new lots for development by others, and therefore does not currently know what the specific future use or design for the three vacant lots. Businesses identified as allowed uses in the CPK zone would be allowed to submit for building permits and be constructed according to the Master Plan of Development. Building designs would be reviewed by the DRC at time of the building permit submittal to ensure consistency with the CUP and the appearance review manual. Lot 4 of the conceptual master plan is a larger lot (0.91 acres) which could accommodate a larger building such as a mini-storage type use. Mini-storage is a conditional use in the CPK zone; therefore, a separate conditional use permit would be required to be approved by the Planning Commission at a later date to identify building design, emergency access ways through the lot, and use operations prior to building permit submittal. Identification of a mini storage type building layout on the conceptual master plan does not automatically grant approval of a mini storage use; a future mini storage use would be required to obtain its own CUP and Planning Commission approval. Tree Removal Permit In addition to the Master Plan of Development and parcel map, the applicant has submitted an application for a Tree Removal Permit for the removal of two Live Oak trees totaling 22 inches DBH. The applicant will either pay a native tree mitigation fee of $366.67, or plant seven (7) five-gallon native replacement trees, or a combination of the two options. Fees or replanting would be due at time of issuance of the on-site subdivision improvements for the new access driveway. The trees should not be removed until building permits are issued for the on-site improvements and mitigation fees or replanting is done. General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Goals and Policies: Land Use Policy 2.1: “Ensure that new development is compatible with existing and surrounding neighborhoods”. Goal LOC 3. Transform the existing El Camino Real “strip” into a distinctive, attractive and efficient commercial, office and industrial park area which can provide for the long- term economic viability of the community. Land Use Policy 3.1: Encourage retail businesses at efficient and attractive nodes along El Camino Real and Morro Road with mixed office and residential uses between those nodes. Goal LOC 13: Provide a sound economic base to sustain the City’s unique character by establishing a range of employment and business opportunities and generate sufficient revenue to support adequate levels of public services, and environment, social and educational quality. Land Use Policy 13.1: Facilitate convenient location of goods and services needed by local residents. Goal LOC 14: “Retain and expand existing business and attract new businesses to improve the availability of goods and services.” Land Use Policy 14.1: “Encourage existing uses to continue providing needed products and services.” Land Use Policy 14.4: Ensure that City regulations and processes support economic development. It is Staff’s opinion that the Tentative Parcel Map and the Master Plan of Development located at 3000 El Camino Real is consistent with the goals and policies of the General Plan. As conditioned, the project incorporates elements that are consistent with the scale and character of the surrounding commercial uses and consistent with the General Plan’s appearance review requirements. Conditional Use Permit Findings The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as the appropriateness of use, architectural design, site design, landscape, signage and specific standards of the Zoning Ordinance. In addition parcels smaller than 2.0 acres are only allowed in the CPK district when the Planning Commission finds that smaller lots will not be detrimental to the purpose of the CPK district. In order to approve the Conditional Use Permit and Tract map with lots below 2.0 acres the Planning Commission is required to make the following findings: 1. The proposed project or use is consistent with the General Plan, as well as the City’s Appearance Review Manual and any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Staff Comment: The use is consistent with the General Commercial designation of the General Plan and the General Plan Land Use Element Goals LOC 3, LOC 13, LOC 14, and Policies 2.1, 3.1, 13.1, 14.1 and 14.4. The Atascadero Design Review Committee discussed the proposed project at their regular meeting on December 11, 2013. The DRC finds the project consistent with the appearance review manual and recommends the project as conditioned. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) Staff Comment: Any subsequent uses must be an allowed use in the Commercial park zone, or a Conditional Use Permit must be obtained for conditionally allowed uses. Uses identified in the conceptual Master Plan of Development would satisfy these standards. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or person residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvement in the vicinity of the use. Staff Comment: The proposed development will not be detrimental to the general public or working person’s health, safety, or welfare, or injurious to property or improvement in the vicinity of the use. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The Master Plan of Development has been designed to enhance the appearance along El Camino Real by providing logical and consistent development with shared access, parking and drainage. Additionally, landscaping for the project area will be provided during the building permit process with up to 24% of the site available for landscaping. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projection and road improvement anticipated within the General Plan. 6. Creation of lots smaller than 2.0 acres is consistent with the intent and purpose of the CPK zoning district based on the Master Site Plan. Staff Comment: Lot sizes in the Commercial Park zone are to be a minimum of two (2) acres. Smaller lot sizes may be allowed for planned commercial and industrial developments, where the Planning Commission determines that such smaller lot sizes will not be detrimental to the purpose and intent of the Commercial Park Zone. The proposed conceptual Master Plan of Development creates a plan for orderly development that meets this requirement. Based on staff’s analysis in the preceding sections, it appears that all of the required findings for approval of the Conditional Use Permit can be made. Tree Removal Permit Findings In considering any tree removal request, at least one of the required findings must be made by the Planning Commission. Staff has identified the following finding as appropriate for the application request, as the two trees proposed for removal are located in the area proposed for through access between the Sites and San Benito Road. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified be a report from the site planner and determined by the Community Development Department based on the following factors: a. Early consultation with the City, b. Consideration of practical design alternatives, c. Provision of cost comparison (from applicant) for practical design alternatives, d. If saving tree eliminates all reasonable use of the property, or e. If saving the tree requires the removal of more desirable trees. Tentative Parcel Map Findings In considering the Tentative Parcel Map, the Planning Commission must make the following findings: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The proposed subdivision is consistent with the Master Plan of Development (CUP 2013-0270). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. 9. Creation of lots smaller than 2.0 acres is consistent with the intent and purpose of the CPK zoning district based on the Master Site Plan. Proposed Environmental Determination The proposed project qualifies for a Class 15 categorical exemption (Section 15315, Minor Land Divisions) for the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent. Conclusion The applicant is proposing a parcel map to subdivide one 2.56 acre site into four (4) lots. A Conditional Use Permit has been submitted in conjunction with the parcel map in order to identify a Master Plan of Development and maintain orderly development consistent with the purpose and intent of the Commercial Park Zone. The proposed conceptual site plan contains four (4) lots with building footprints, a through access driveway, shared trash enclosure, shared parking, landscape and drainage areas. A Tree Removal Permit has been submitted for the removal of two native trees measuring a total of 22 inches DBH. The proposed project is consistent with the General Plan and Atascadero Municipal Code based on the above analysis and incorporated conditions. Staff recommends the approval of the Conditional Use Permit, Tentative Parcel Map, and the Tree Removal Permit as proposed in the attached draft resolutions. ALTERNATIVES: 1. The Commission may include modifications to the project and/or conditions of approval for the project. 2. The 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 and move to continue the item to a future date. 3. The Commission may deny the project. The Commission must specify the reasons for denial of the project and make an associated finding with such action. ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Aerial Photo Attachment 3: Draft Resolution PC 2014-0002 (CUP & TRP) Attachment 4: Draft Resolution PC 2014-0003 (TPM) Attachment 1: Location Map, General Plan and Zoning Zoning: Commercial Park (CPK) General Plan Designation: Commercial Park (CPK) Project Site 3000 El Camino Real Attachment 2: Aerial Photo ATTACHMENT 3: Draft Resolution PC 2014-0002 (Conditional Use Permit & Tree Removal Permit) DRAFT RESOLUTION PC 2014-0002 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2013-0270 FOR A MASTER PLAN OF DEVELOPMENT AND TREE REMOVAL PERMIT 2013-0166 WITHIN THE COMMERICAL PARK ZONE AT APN 049-211-054 (3000 El Camino Real / Newton) WHEREAS, an application has been received from Applicant, Don Newton (6395 Hog Canyon Road, San Miguel, CA 93451-9529) and Owner, Susan B. Newton-Trustee (6395 Hog Canyon Road, San Miguel, CA 93451) to consider Conditional Use Permit (CUP 2013-0270) to create a Master Plan of Development and Tree Removal Permit (TRP 2013-0166) for the removal of two (2) Live Oaks totaling 22 inches DBH; and, WHEREAS, the site’s General Plan Designation is Commercial Park (CPK); and, WHEREAS, the site’s Zoning District is Commercial Park (CPK); and, WHEREAS, a Conditional Use Permit is required for a Master Plan of Development to allow for subdivision of lots smaller than two (2) acres within the Commercial Park Zone; and, WHERAS, a Tree Removal Permit is required for the removal of any native tree four (4) inches DBH or greater; and, WHEREAS, the proposed project qualifies for a Class 15 Categorical Exemption (Section 15315, Minor Land Divisions), under the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject of the Conditional Use Permit application and the Tree Removal Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said projects; and, WHERAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 7, 2014, studied and considered Conditional Use Permit 2013-0270 and Tree Removal Permit 2013-0166 after first studying and considering the CEQA exemption prepared for the project; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been determined to be exempt from CEQA based on a Class 15 categorical exemption (Section 15315, Minor Land Divisions) for the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 3 years, and the parcel does not have an average slope greater than 20 percent. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City’s Appearance Review Manual, and any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element; and, 6. Creation of lots smaller than 2.0 acres is consistent with the intent and purpose of the CPK zoning district based on the Master Site Plan. SECTION 3. Findings for approval of the Tree Removal Permit. The Planning Commission Finds as follows: 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified be a report from the site planner and determined by the Community Development Department SECTION 4. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 7, 2014 resolved to approve Conditional Use Permit 2013-0270 and Tree Removal Permit 2013-0166 subject to the following: EXHIBIT A: Categorical Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Conceptual Master Plan of Development EXHIBIT D: Conceptual Accessibility Plan EXHIBIT E: Arborist Tree Survey 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 ______________________________ David Bentz Planning Commission Chairperson Attest: ______________________________ Warren Frace Planning Commission Secretary EXHIBIT A: Categorical Exemption PLN 2013-1470 / CUP 2013-0270 / TRP 2013-0166 EXHIBIT B: Conditions of Approval PLN 2013-1470 / CUP 2013-0270 / TRP 2013-0166 Conditions of Approval PLN 2013-1470 / CUP 2013-0270 / TRP 2013-0166 Master Plan of Development 3000 El Camino Real Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Department Conditions 1) The approval of this application shall become final and effective for the purposes of issuing building permits, provided the required conditions of approval have been satisfied, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. BP PS 2) The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. Ongoing CA 3) Approval of this Tentative Parcel Map shall be valid for two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. Approval of this Conditional Use Permit shall be valid concurrently with the life of Tentative Parcel Map 2013-0100, and at the end of the period, the approval shall expire and become null and void unless the applicant has received a Tentative Map extension or the Map has been finaled. Once the map is finaled, the CUP requirements will apply to the lot permanently. Ongoing PS 4) The granting of this Conditional Use Permit and Parcel Map shall apply to APN 049-211-054 and all future resulting lots, regardless of owner. Ongoing PS 5) The Community Development Department shall have the authority to approve minor changes to the project that (1) increase the square footage of the project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit. The Design Review Committee may approve changes to the conceptual Master Plan of Development in excess of the 10% staff allowance, including moving building footprint locations and increasing or decreasing square footage of the buildings, provided that the changes are in substantial conformance with the intent of the Master Plan of Development and the Commercial Park zoning designation. Proposed Master Plan changes that are not found to not be in conformance with the intent of the Master Plan of Development shall require Planning Commission approval through a CUP amendment. BP PS Conditions of Approval PLN 2013-1470 / CUP 2013-0270 / TRP 2013-0166 Master Plan of Development 3000 El Camino Real Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 6) A final parcel map drawn in substantial conformance with the approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City’s Subdivision Ordinance. PM PS 7) All subsequent final maps, site work, construction permits, grading, and site improvements shall be consistent with the conceptual Master Plan of Development as shown in Exhibit C, and the conceptual accessibility plan shown in Exhibit D, and with the site development standards identified in the Zoning Ordinance including landscape standards, parking lot design, fencing standards, etc. BP PS 8) Landscape plans shall include the following: Identify what percentage of the site will be landscaped (10% minimum site landscape required for commercially zoned properties)  Include 6-foot wide landscape finger planters between parking spaces. Landscape planters shall be located very 8 parking spaces.  Shade trees are to be provided at approximately thirty- (30) foot intervals along parking rows.  Identify street trees on El Camino Real (London Plane Sycamores) to be located every 30’ o.c.  Identify a 10’ wide landscape strip between parking row and back of sidewalk on El Camino Real  Landscape screening to be included around sides of trash enclosures  A minimum five (5) foot landscape strip must be provided within the side yard setback of all commercial project sites  Provide landscape areas around buildings, between structures and sidewalks, and between buildings, sidewalks and parking areas, as feasible, to break up the hard surfaces with vegetation. BP PS 9) Easements for reciprocal access, drainage, utilities, shared parking, and shared trash storage shall be clearly established and recorded in conformance with the Master Plan of Development at time of Final Map. FM PS 10) A maintenance agreement shall be recorded at time of Final Map to clearly identify future maintenance of pavement, driveways, sidewalks, parking landscape areas and any other shared facilities. An association is not required to be established; however, a mechanism for future funding of maintenance of shared improvements is required. FM PS 11) The first parcel of Lots 2, 3, or 4 to develop shall be required to install the 24-foot wide shared access driveway through the sites to connect El Camino Real to San Benito Road as identified on the Master Plan of Development. Other shared improvements, such as the shared detention BP PS/CE/FD/BS Conditions of Approval PLN 2013-1470 / CUP 2013-0270 / TRP 2013-0166 Master Plan of Development 3000 El Camino Real Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney basin, trash enclosure, or other site improvements, may be required to be installed by the first lot if those improvements are necessary to meet the code requirements and development standards of that lot. Parking, landscape and other individual site improvements of each lot may be installed at time of development of that lot, and are not required to be installed by the first lot to develop, provided that those improvements are not necessary to meet development standards for that lot.. 12) A deed notification shall be recorded on each lot to notify future owners that a CUP for site development has been established, and that the first parcel to develop is required to install the shared through access driveway. An additional map sheet shall be recorded with the Final Map to reference the conceptual Master Plan of Development. FM PS 13) The parking shown on Parcel 1 shall be constructed at time of building permits for any future expansion of the existing restaurant. BP PS/BS 14) Architectural designs (buildings, fences, landscape, signage, etc.) shall be reviewed by the Design Review Committee prior to building permit issuance. The architectural character of the buildings and site improvements on the subject sites shall be consistent throughout the development. BP PS 15) Signage shall comply with the Atascadero Sign Ordinance and shall be reviewed by the Design Review Committee. A common monument shall be provided on El Camino Real for tenant identification. BP PS 16) Mini storage is a conditional use in the Commercial Park Zone. The conceptual mini storage lot layout shown on Lot 4 does not constitute approval of mini storage use under this CUP. Any future mini storage building permits or uses will require approval of a Conditional Use Permit along with complete design plans and operations proposal prior to permitting this use. The plans are to include architectural designs, operations plans, and any other requirements defined by the Atascadero Municipal Code. Ongoing PS 17) All trash cans & dumpsters are to be stored within designated enclosures. Enclosures shall be constructed of masonry (split face block or veneer) with solid metal doors, and materials compatible with building design. Trash enclosures shall be sized to accommodate trash and recycling, and designed in coordination with the City’s Waste Management authority. Multiple trash enclosures may be required throughout the site depending on the type of businesses proposed for construction. Trash enclosures shall be screened with landscape. BP PS 18) Bicycle storage racks shall be provided for all future buildings. The bike racks shall be located in a convenient and secure location. BP/FO PS 19) All equipment is to be screened: a) Roof Mounted equipment to be screened by architectural features from the BP PS Conditions of Approval PLN 2013-1470 / CUP 2013-0270 / TRP 2013-0166 Master Plan of Development 3000 El Camino Real Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney view of abutting streets. b) Equipment at grade to be screened when located on the ground adjacent to a building, c) Mechanical equipment, including HVAC equipment, shall be screened by landscaping, a solid wall or fencing. d) All electrical meters and utility equipment shall be painted to match the building and screened with landscaping. 20) All light fixtures shall comply with the Atascadero Municipal Code standards. All exterior lighting shall consist of decorative full cut off “hooded” lighting fixtures with flat or recessed lens. Parking lot lights will be shielded to prevent off site glare. All lighting shall be designed to eliminate any off site glare. A photometric plan shall be submitted. BP PS 21) The project shall conform with Low Impact Development requirements BP PS 22) The applicant shall either pay $366.67 into the tree mitigation fund and/or replant seven (7) five-gallon native trees on subject property or any combination thereof. Tree Removal / site improvement permit PS 23) An arborist shall be retained at time of building permits to ensure native trees which are to remain on site are protected during construction of on- site improvements and each new building. BP PS Building Department Conditions 1. Site shall be fully accessible. Accessible parking shall be provided at each building consistent with occupancy and occupant load. An accessible path of travel shall be provided and maintained by the property owners to connect the public way to buildings, parking to buildings, and from building to building as required. This shall apply to all structures on all separate properties within the Master Plan of Development. The accessible route shall generally conform to the route shown in Exhibit D, and shall meet building codes in effect at the time of permit application submittal. BP BS Fire Department Conditions 1. Building and road design on Lot 4 shall be modified to accommodate Fire truck access, including lane widths and turning radii at corners, per Fire Department requirements. BP FD Public Works Department Conditions 1. The Subdivider shall dedicate easements for ingress/egress, utilities and drainage throughout the subdivision for the benefit of all parcels to the FM CE/PS Conditions of Approval PLN 2013-1470 / CUP 2013-0270 / TRP 2013-0166 Master Plan of Development 3000 El Camino Real Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney satisfaction of the Public Works Director and Community Development Director. 2. The Subdivider shall dedicate a public pedestrian easement(s) over that portion of the existing sidewalk adjacent to San Benito and El Camino Real that are located outside of the public R/W. Prior to recording the Parcel Map. FM CE 3. The accessible pedestrian ramp shall be re-constructed at the corner of San Benito and El Camino Real in accordance with City Standards prior to recordation of the Parcel Map. The ramp orientation shall be approved by the Public Works Director prior to construction. FM CE 4. New and existing driveway ramps shall provide a 4-foot wide pedestrian walkway behind the ramp in accordance with City standards & specifications. Additional right-of-way or easements may be required to be dedicated to the satisfaction of the Public Works Director. FM/BP CE 5. Each parcel shall be served with individual and separate laterals for sewer, gas, power, telecommunications and cable TV. Each parcel shall be served with domestic water and fire services as determined by the AMWC. BP CE 6. Prior to recordation of the Parcel Map, a drainage study shall be prepared by a registered civil engineer addressing pre- and post- development storm water run-off. The analysis shall consider the maximum build-out of the site and include storm water storage volumes and treatment measures consistent with City Drainage Standards in place at the time of map recordation. An overall storm water plan shall be prepared (prior to recordation of the map) demonstrating minimum areas required to detain storm water run-off consistent with City regulations, policies and state regulations. Post-development storm water management shall be addressed and shall be consistent with the City requirements. FM CE 7. A subdivision improvement plan, prepared by a registered civil engineer, shall be required prior issuance of building permits. Certain common improvements such as common storm water facilities, common driveways, private fire mains, private sewer mains, etc. that are necessary to serve each parcel may be required to be constructed prior to recordation of the Parcel Map, as determined by the Public Works Director. Certain common improvements may be deferred to the time of development of each parcel (individually), provided a phasing plan is submitted to the City for review and approval that identifies a priority and sequence for the development of common facilities. Approval of said phasing plan shall be to the satisfaction of the Public Works Director and Community Development Director. BP CE/PS 8. On the Parcel Map, the subdivider shall offer and dedicate to the City vehicular access rights along the El Camino Real frontage except at approved driveway locations consistent with the Master Plan of FM CE Conditions of Approval PLN 2013-1470 / CUP 2013-0270 / TRP 2013-0166 Master Plan of Development 3000 El Camino Real Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Development. City Engineering Drainage Conditions: 9. Obtain approval by the City Engineer of the grading & drainage plan and the storm drain design & facilities. BP CE 10. Detention basins will be designed per Section 5 (Drainage Structures) of the Engineering Standards. FM/BP CE 11. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10-year flow with gravity flow, the 25-year flow with head, and provide safe conveyance for the 100 year overflow. FM/BP CE 12. Provide for the detention of the 50-year developed storm runoff, while metering out the 2-year undeveloped storm runoff. FM/BP CE 13. Show the method of dispersal at all pipe outlets. Include specifications for size & type. FM/BP CE 14. Show the method of dispersal at all pipe outlets. Include specifications for size & type. FM/BP CE 15. Show method of conduct to approved off-site drainage facilities. FM/BP CE 16. Acquire and or provide drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. FM/BP CE 17. Replace existing culvert under El Camino Real that drains into the project site. FM/BP CE 18. Concentrated drainage from off-site areas shall be conveyed across the project site in drainage easements, if needed. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement or Caltrans approval cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. FM/BP CE City Engineer Public Improvement Conditions: 19. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. FM/BP CE 20. Frontage improvements are required with this development. These include drive approaches, a pedestrian ramp and back of ramp walkways. An encroachment permit will be required. The ramp at the corner of San Benito and El Camino real is required to the constructed prior to map recordation. All other drive approaches and back of FM/BP CE Conditions of Approval PLN 2013-1470 / CUP 2013-0270 / TRP 2013-0166 Master Plan of Development 3000 El Camino Real Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney sidewalk walkways shall be installed with the first building permit, or as allowed by the City Engineer. City Engineer Solid Waste 21. The location and placement of solid waste containers shall be consistent with City Standards. BP CE City Engineer Wastewater 22. The Public Works Department shall approve all wastewater facilities prior to construction. This includes and pumps, force mains, cleanouts, manholes and lateral connections. 23. The City is planning to pave El Camino Real along the frontage of this project. Therefore, the applicant will be required to connect to existing utilities and provide stub outs for the future connections prior to the City paving project. The City will provide the applicant with advance notice that the utility stub outs are required to be installed. As Required by the City Engineer. CE City Engineer Easements & Property Conditions 24. The main roads to the buildings will be in a public access easement. FM CE 25. A driveway maintenance agreement must be recorded prior to or simultaneous to the final map. All parcels will be party to the agreement. The agreement shall cover access driveways, drainage facilities and drainage basin. The Community Development Director, City Engineer and the City Attorney shall approve the agreement. FM CE 26. The final map shall have easements for access, drainage and utilities. FM CE 27. Submit copies of all legal descriptions and exhibits for any required easements for the review and approval by the City Engineer. GP CE STANDARD CONDITIONS 28. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 29. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 30. An engineer’s estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. 31. The applicant shall be responsible for the relocation and/or alteration of FM CE Conditions of Approval PLN 2013-1470 / CUP 2013-0270 / TRP 2013-0166 Master Plan of Development 3000 El Camino Real Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney existing utilities. 32. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 33. Slope easements shall be provided as needed to accommodate cut of fill slopes. 34. The final map shall be acceptable to the City Surveyor prior to the map being placed on the agenda for City Council acceptance. 35. Prior to recording the Parcel map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 36. Prior to recording the tract map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 37. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 38. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 39. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval. 40. Prior to recording the tract map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. 41. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. EXHIBIT C: Conceptual Master Plan of Development PLN 2013-1470 / CUP 2013-0270 / TRP 2013-0166 EXHIBIT C: Conceptual Master Plan of Development - Details PLN 2013-1470 / CUP 2013-0270 / TRP 2013-0166 EXHIBIT C: Conceptual Master Plan of Development - Details PLN 2013-1470 / CUP 2013-0270 / TRP 2013-0166 EXHIBIT C: Conceptual Master Plan of Development - Details PLN 2013-1470 / CUP 2013-0270 / TRP 2013-0166 EXHIBIT D: 3000 El Camino Real Conceptual Accessibility Plan PLN 2013-1470 / CUP 2013-0278 / TRP 2013-0166 EXHIBIT E: Arborist Report – Tree Survey PLN 2013-1470 / CUP 2013-0270 / TRP 2013-0166 ATTACHMENT 4: Draft Resolution PC 2014-0003 (Tentative Parcel Map) DRAFT RESOLUTION PC 2014-0003 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE PARCEL MAP 2013-0100 TO SUBDVIDE A PARCEL INTO 4 LOTS CONSISTENT WITH THE MASTER PLAN DEVELOPMENT (CUP 2013-0270) WITHIN THE COMMERCIAL PARK ZONE AT APN 049-211-054 (3000 El Camino Real / Newton) WHEREAS, an application has been received from Applicant, Don Newton (6395 Hog Canyon Road, San Miguel, CA 93451-9529) and Owner, (Susan B. Newton-Trustee, 6395 Hog Canyon Road, San Miguel, CA 93451) to consider Tentative Parcel Map 2013-0100, allow the subdivision of a parcel into four (4) lots consistent with CUP 2013-0270, at 3000 El Camino Real, APN 049-211-054; and, WHEREAS, the site’s General Plan Designation is Commercial Park (CPK); and, WHEREAS, the site’s Zoning is Commercial Park (CPK); and, WHEREAS, the proposed project qualifies for a Class 15 Categorical Exemption, (Section 15315, Minor Land Divisions), under the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject of the Tentative Parcel Map was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Tentative Parcel Map; and, WHERAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 7, 2014, studied and considered Tentative Parcel Map 2013-0100; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval for a Tentative Parcel Map, The Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements; and, 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements; and, 3. The proposed subdivision, as conditioned, is consistent with the Master Plan of Development (CUP 2013-0270); and, 4. The site is physically suitable for the type of development proposed; and, 5. The site is physically suitable for the density of development proposed; and, 6. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat; and, 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided; and, 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public; and, 9. Creation of lots smaller than 2.0 acres is consistent with the intent and purpose of the CPK zoning district based on the Master Plan of Development. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 7, 2014 resolved to approve Tentative Parcel Map 2013-0100 subject to the following: EXHIBIT A: Tentative Parcel Map 2013-0100 EXHIBIT B: Conditions of Approval 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 ______________________________ David Bentz Planning Commission Chairperson Attest: ______________________________ Warren Frace Planning Commission Secretary Exhibit A: Tentative Tract Map 2013-0100, including additional map sheet Exhibit B Conditions of Approval PLN 2013-1470 / TPM 2013-0100 Conditions of Approval Tentative Tract Map 2013-0100 3000 El Camino Real Timing PM: Parcel Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FO: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Planning Department Conditions 1) The approval of this application shall become final and effective for the purposes of issuing building permits, provided the required conditions of approval have been satisfied, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. BP PS 2) The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. Ongoing CA 3) Approval of this Tentative Parcel Map shall be valid for two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. Approval of this Conditional Use Permit shall be valid concurrently with the life of Tentative Parcel Map 2013-0100, and at the end of the period, the approval shall expire and become null and void unless the applicant has received a Tentative Map extension or the Map has been finaled. Once the map is finaled, the CUP requirements will apply to the lot permanently. Ongoing PS 4) The granting of this Conditional Use Permit and Parcel Map shall apply to APN 049-211-054 and all future resulting lots, regardless of owner. Ongoing PS 5) The Community Development Department shall have the authority to approve minor changes to the project that (1) increase the square footage of the project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit. The Design Review Committee may approve changes to the conceptual Master Plan of Development in excess of the 10% staff allowance, including moving building footprint locations and increasing or decreasing square footage of the buildings, provided that the changes are in substantial conformance with the intent of the Master Plan of Development and the Commercial Park zoning designation. Proposed Master Plan changes that are not found to not be in conformance with the intent of the Master Plan of Development shall require Planning Commission approval through a CUP amendment. BP PS 6) A final parcel map drawn in substantial conformance with the approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision PM PS Conditions of Approval Tentative Tract Map 2013-0100 3000 El Camino Real Timing PM: Parcel Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FO: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Map Act and the City’s Subdivision Ordinance. 7) All subsequent final maps, site work, construction permits, grading, and site improvements shall be consistent with the conceptual Master Plan of Development as shown in Exhibit C, and the conceptual accessibility plan shown in Exhibit D, and with the site development standards identified in the Zoning Ordinance including landscape standards, parking lot design, fencing standards, etc. BP PS 8) Landscape plans shall include the following: Identify what percentage of the site will be landscaped (10% minimum site landscape required for commercially zoned properties)  Include 6-foot wide landscape finger planters between parking spaces. Landscape planters shall be located very 8 parking spaces.  Shade trees are to be provided at approximately thirty- (30) foot intervals along parking rows.  Identify street trees on El Camino Real (London Plane Sycamores) to be located every 30’ o.c.  Identify a 10’ wide landscape strip between parking row and back of sidewalk on El Camino Real  Landscape screening to be included around sides of trash enclosures  A minimum five (5) foot landscape strip must be provided within the side yard setback of all commercial project sites  Provide landscape areas around buildings, between structures and sidewalks, and between buildings, sidewalks and parking areas, as feasible, to break up the hard surfaces with vegetation. BP PS 9) Easements for reciprocal access, drainage, utilities, shared parking, and shared trash storage shall be clearly established and recorded in conformance with the Master Plan of Development at time of Final Map. FM PS 10) A maintenance agreement shall be recorded at time of Final Map to clearly identify future maintenance of pavement, driveways, sidewalks, parking landscape areas and any other shared facilities. An association is not required to be established; however, a mechanism for future funding of maintenance of shared improvements is required. FM PS 11) The first parcel of Lots 2, 3, or 4 to develop shall be required to install the 24-foot wide shared access driveway through the sites to connect El Camino Real to San Benito Road as identified on the Master Plan of Development. Other shared improvements, such as the shared detention basin, trash enclosure, or other site improvements, may be required to be installed by the first lot if those improvements are necessary to meet the BP PS/CE/FD/B S Conditions of Approval Tentative Tract Map 2013-0100 3000 El Camino Real Timing PM: Parcel Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FO: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company code requirements and development standards of that lot. Parking, landscape and other individual site improvements of each lot may be installed at time of development of that lot, and are not required to be installed by the first lot to develop, provided that those improvements are not necessary to meet development standards for that lot.. 12) A deed notification shall be recorded on each lot to notify future owners that a CUP for site development has been established, and that the first parcel to develop is required to install the shared through access driveway. An additional map sheet shall be recorded with the Final Map to reference the conceptual Master Plan of Development. FM PS 13) The parking shown on Parcel 1 shall be constructed at time of building permits for any future expansion of the existing restaurant. BP PS/BS 14) Architectural designs (buildings, fences, landscape, signage, etc.) shall be reviewed by the Design Review Committee prior to building permit issuance. The architectural character of the buildings and site improvements on the subject sites shall be consistent throughout the development. BP PS 15) Signage shall comply with the Atascadero Sign Ordinance and shall be reviewed by the Design Review Committee. A common monument shall be provided on El Camino Real for tenant identification. BP PS 16) Mini storage is a conditional use in the Commercial Park Zone. The conceptual mini storage lot layout shown on Lot 4 does not constitute approval of mini storage use under this CUP. Any future mini storage building permits or uses will require approval of a Conditional Use Permit along with complete design plans and operations proposal prior to permitting this use. The plans are to include architectural designs, operations plans, and any other requirements defined by the Atascadero Municipal Code. Ongoing PS 17) All trash cans & dumpsters are to be stored within designated enclosures. Enclosures shall be constructed of masonry (split face block or veneer) with solid metal doors, and materials compatible with building design. Trash enclosures shall be sized to accommodate trash and recycling, and designed in coordination with the City’s Waste Management authority. Multiple trash enclosures may be required throughout the site depending on the type of businesses proposed for construction. Trash enclosures shall be screened with landscape. BP PS 18) Bicycle storage racks shall be provided for all future buildings. The bike racks shall be located in a convenient and secure location. BP/FO PS 19) All equipment is to be screened: a) Roof Mounted equipment to be screened by architectural features from the BP PS Conditions of Approval Tentative Tract Map 2013-0100 3000 El Camino Real Timing PM: Parcel Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FO: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company view of abutting streets. b) Equipment at grade to be screened when located on the ground adjacent to a building, c) Mechanical equipment, including HVAC equipment, shall be screened by landscaping, a solid wall or fencing. d) All electrical meters and utility equipment shall be painted to match the building and screened with landscaping. 20) All light fixtures shall comply with the Atascadero Municipal Code standards. All exterior lighting shall consist of decorative full cut off “hooded” lighting fixtures with flat or recessed lens. Parking lot lights will be shielded to prevent off site glare. All lighting shall be designed to eliminate any off site glare. A photometric plan shall be submitted. BP PS 21) The project shall conform with Low Impact Development requirements BP PS 22) The applicant shall either pay $366.67 into the tree mitigation fund and/or replant seven (7) five-gallon native trees on subject property or any combination thereof. Tree Removal / site improvement permit PS 23) An arborist shall be retained at time of building permits to ensure native trees which are to remain on site are protected during construction of on- site improvements and each new building. BP PS Building Department Conditions 1. Site shall be fully accessible. Accessible parking shall be provided at each building consistent with occupancy and occupant load. An accessible path of travel shall be provided and maintained by the property owners to connect the public way to buildings, parking to buildings, and from building to building as required. This shall apply to all structures on all separate properties within the Master Plan of Development. The accessible route shall generally conform to the route shown in Exhibit D, and shall meet building codes in effect at the time of permit application submittal. BP BS Fire Department Conditions 1. Building and road design on Lot 4 shall be modified to accommodate Fire truck access, including lane widths and turning radii at corners, per Fire Department requirements. BP FD Public Works Department Conditions Conditions of Approval Tentative Tract Map 2013-0100 3000 El Camino Real Timing PM: Parcel Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FO: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 1. The Subdivider shall dedicate easements for ingress/egress, utilities and drainage throughout the subdivision for the benefit of all parcels to the satisfaction of the Public Works Director and Community Development Director. FM CE/PS 2. The Subdivider shall dedicate a public pedestrian easement(s) over that portion of the existing sidewalk adjacent to San Benito and El Camino Real that are located outside of the public R/W. Prior to recording the Parcel Map. FM CE 3. The accessible pedestrian ramp shall be re-constructed at the corner of San Benito and El Camino Real in accordance with City Standards prior to recordation of the Parcel Map. The ramp orientation shall be approved by the Public Works Director prior to construction. FM CE 4. New and existing driveway ramps shall provide a 4-foot wide pedestrian walkway behind the ramp in accordance with City standards & specifications. Additional right-of-way or easements may be required to be dedicated to the satisfaction of the Public Works Director. FM/BP CE 5. Each parcel shall be served with individual and separate laterals for sewer, gas, power, telecommunications and cable TV. Each parcel shall be served with domestic water and fire services as determined by the AMWC. BP CE 6. Prior to recordation of the Parcel Map, a drainage study shall be prepared by a registered civil engineer addressing pre- and post- development storm water run-off. The analysis shall consider the maximum build-out of the site and include storm water storage volumes and treatment measures consistent with City Drainage Standards in place at the time of map recordation. An overall storm water plan shall be prepared (prior to recordation of the map) demonstrating minimum areas required to detain storm water run-off consistent with City regulations, policies and state regulations. Post-development storm water management shall be addressed and shall be consistent with the City requirements. FM CE 7. A subdivision improvement plan, prepared by a registered civil engineer, shall be required prior issuance of building permits. Certain common improvements such as common storm water facilities, common driveways, private fire mains, private sewer mains, etc. that are necessary to serve each parcel may be required to be constructed prior to recordation of the Parcel Map, as determined by the Public Works Director. Certain common improvements may be deferred to the time of development of each parcel (individually), provided a phasing plan is submitted to the City for review and approval that identifies a priority and sequence for the development of common facilities. Approval of said phasing plan shall be to the satisfaction of the Public Works Director and Community Development Director. BP CE/PS Conditions of Approval Tentative Tract Map 2013-0100 3000 El Camino Real Timing PM: Parcel Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FO: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 8. On the Parcel Map, the subdivider shall offer and dedicate to the City vehicular access rights along the El Camino Real frontage except at approved driveway locations consistent with the Master Plan of Development. FM CE City Engineering Drainage Conditions: 9. Obtain approval by the City Engineer of the grading & drainage plan and the storm drain design & facilities. BP CE 10. Detention basins will be designed per Section 5 (Drainage Structures) of the Engineering Standards. FM/BP CE 11. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10-year flow with gravity flow, the 25-year flow with head, and provide safe conveyance for the 100 year overflow. FM/BP CE 12. Provide for the detention of the 50-year developed storm runoff, while metering out the 2-year undeveloped storm runoff. FM/BP CE 13. Show the method of dispersal at all pipe outlets. Include specifications for size & type. FM/BP CE 14. Show the method of dispersal at all pipe outlets. Include specifications for size & type. FM/BP CE 15. Show method of conduct to approved off-site drainage facilities. FM/BP CE 16. Acquire and or provide drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. FM/BP CE 17. Replace existing culvert under El Camino Real that drains into the project site. FM/BP CE 18. Concentrated drainage from off-site areas shall be conveyed across the project site in drainage easements, if needed. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement or Caltrans approval cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. FM/BP CE City Engineer Public Improvement Conditions: 19. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. FM/BP CE Conditions of Approval Tentative Tract Map 2013-0100 3000 El Camino Real Timing PM: Parcel Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FO: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 20. Frontage improvements are required with this development. These include drive approaches, a pedestrian ramp and back of ramp walkways. An encroachment permit will be required. The ramp at the corner of San Benito and El Camino real is required to the constructed prior to map recordation. All other drive approaches and back of sidewalk walkways shall be installed with the first building permit, or as allowed by the City Engineer. FM/BP CE City Engineer Solid Waste 21. The location and placement of solid waste containers shall be consistent with City Standards. BP CE City Engineer Wastewater 22. The Public Works Department shall approve all wastewater facilities prior to construction. This includes and pumps, force mains, cleanouts, manholes and lateral connections. 23. The City is planning to pave El Camino Real along the frontage of this project. Therefore, the applicant will be required to connect to existing utilities and provide stub outs for the future connections prior to the City paving project. The City will provide the applicant with advance notice that the utility stub outs are required to be installed. As Required by the City Engineer. CE City Engineer Easements & Property Conditions 24. The main roads to the buildings will be in a public access easement. FM CE 25. A driveway maintenance agreement must be recorded prior to or simultaneous to the final map. All parcels will be party to the agreement. The agreement shall cover access driveways, drainage facilities and drainage basin. The Community Development Director, City Engineer and the City Attorney shall approve the agreement. FM CE 26. The final map shall have easements for access, drainage and utilities. FM CE 27. Submit copies of all legal descriptions and exhibits for any required easements for the review and approval by the City Engineer. GP CE STANDARD CONDITIONS 28. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 29. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall FM CE Conditions of Approval Tentative Tract Map 2013-0100 3000 El Camino Real Timing PM: Parcel Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FO: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company enter into a Subdivision Improvement Agreement with the City Council. 30. An engineer’s estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. 31. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 32. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 33. Slope easements shall be provided as needed to accommodate cut of fill slopes. 34. The final map shall be acceptable to the City Surveyor prior to the map being placed on the agenda for City Council acceptance. 35. Prior to recording the Parcel map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 36. Prior to recording the tract map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 37. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 38. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 39. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval. 40. Prior to recording the tract map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. 41. Prior to the final inspection, the applicant shall submit a written Conditions of Approval Tentative Tract Map 2013-0100 3000 El Camino Real Timing PM: Parcel Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FO: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map.