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HomeMy WebLinkAboutPC_2014-04-01_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, April 1, 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 Dennis Schmidt Vice Chairperson Mark Dariz Commissioner David Bentz Commissioner Duane Anderson Commissioner Len Colamarino Commissioner Christian Cooper 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 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 FEBRUARY 18, 2014. City of Atascadero Planning Commission Agenda Regular Meeting, April 1, 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 COMMUNITY DEVELOPMENT STAFF REPORTS - None 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).) 2. GTE / VERIZON CELL TOWER AT ABC CHURCH PLN 2013-1484, CONDITIONAL USE PERMIT FOR 6225 ATASCADERO MALL Applicant: GTE Mobilnet of Santa Barbara d/b/a Verizon Wireless, C/O Jay Higgins, 211 East Carrillo Street, Suite 301, Santa Barbara, CA 93101 Owner: Atascadero Bible Church, 6225 Atascadero Ave., Atascadero CA 93422 Project Title: PLN 2013-1484 / CUP 2013-0276 Project Location: 6225 Atascadero Mall. Atascadero, CA 93422 (San Luis Obispo County) APN: 030-192-018 Project Description: Applicant is requesting a Conditional Use Permit (CUP) for a cellular communication facility located at 6225 Atascadero Mall. The projects consists of a seventy five (75) foot faux-tree pole with nine (9) antennas, an at grade unmanned radio equipment shelter measuring 11’6” x 16’-10”-1/2” with a backup generator on a 5’x10’ concrete pad, a new five (5) foot underground fiber route, and the potential to impact nine (9) native trees. The project requires further environmental review consistent with the California Environmental Quality Act (CEQA) based on aesthetics, biological resources, agriculture and forestry resources, and hydrology/water quality. Zoning: Public (P) General Plan Designation: Public Facilities (P) Proposed Environmental Determination: Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is proposed. The Mitigated Negative Declaration is available for public review from 3/13/14 through 4/1/14 at 6500 Palma Avenue, Community Development Department from 8:30 a.m. to 5:00 p.m. Monday through Thursday, and also available on our website at www.atascadero.org/environmental docs. Staff Recommendation: Design Review Committee (DRC) recommends approval of the project. City of Atascadero Planning Commission Agenda Regular Meeting, April 1, 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 (CONTINUED) 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. Oak Ridge Estates Planned Development Amendment PLN 2099-0033 / ZCH 2014-0171 CODE TEXT AMENDMENT TO PLANNED DEVELOPMENT #11 (PD-11) REGARDING OFF-SITE IMPROVEMENT REQUIREMENTS ALONG STATE ROUTE 41 (MORRO ROAD) Property Owner: K&M Holdings Applicants: Castlerock Development, 445 Green Gate Road, San Luis Obispo, CA 93401 Project Title: Oak Ridge Estates Planned Development Amendment PLN 2099-0033/ZCH 2014-0171: Zone Code Text Amendment to Planned Development #11 (PD-11) regarding off-site improvement requirements along State Route 41 (Morro Road) [Oak Ridge Estates] Project Location: The Oak Ridge Estates project consists of 115 rural residential parcels covering 802± acres located at the western end of San Marcos Road in Atascadero, CA 93422. (San Luis Obispo County) Project Description: The project consists of an amendment to the off-site road improvement standards for PD-11, which covers the Oak Ridge Estates residential development project. Specifically, Section 9-3.656(c)(3)(v) through (vii) of the Atascadero Zoning Ordinance will be amended to modify the intersection improvement requirements at the following locations:  State Route 41 at Los Altos Road  State Route 41 and a private driveway ¼ mile west of Los Altos Road No changes are proposed within the project boundary. General Plan Designation: Rural Estates (RE) Zoning: Residential Suburban / Planned Development #11 (RS / PD-11) Proposed Environmental Determination: An Addendum to the 1994 project Environmental Impact Report (EIR) [SCH #94061014] has been prepared for the proposed amendments to PD-11. The EIR Addendum analyzed the proposed amendments to PD-11 and concluded that the revised off-site improvement requirements would not result in any new or substantially more severe impacts than those identified in the original EIR. Recommendation: Staff is recommending the Planning Commission recommend adoption of the Addendum and approval of the proposed amendments to PD-11 to the Atascadero City Council. City of Atascadero Planning Commission Agenda Regular Meeting, April 1, 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 April 15, 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. City of Atascadero Planning Commission Agenda Regular Meeting, April 1, 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 or 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 2/18/14 Page 1 of 3 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, February 18, 2014 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Schmidt called the meeting to order at 7:00 p.m. and Commissioner Colamarino led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Bentz, Cooper, Colamarino, Wolff, Vice Chairperson Dariz, and Chairperson Schmidt Absent: None Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace Assistant Planner Alfredo Castillo APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Colamarino to approve the agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Schmidt closed the Public Comment period. ITEM NUMBER: ITEM NUMBER: 1 DATE: 4-1-14 PC Draft Action Minutes of 2/18/14 Page 2 of 3 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON FEBRUARY 4, 2014. MOTION: By Commissioner Bentz and seconded by Commissioner Anderson to approve the consent calendar. Motion passed 5:0 by a roll-call vote. (Cooper, Colamarino abstained) COMMUNITY DEVELOPMENT STAFF REPORTS 1. PLN 2006-1133, ANNUAL HOUSING REPORT The State of California requires all cities to file an Annual Housing Report to the Department of Housing and Community Development (HCD). The purpose of the Housing Report is to monitor the implementation of the City’s General Plan Housing Element and progress toward meeting the City’s Regional Housing Needs Allocation (RHNA). Assistant Planner Castillo gave the staff report and he and Director Frace answered questions from the Commission. MOTION: By Commissioner Bentz and seconded by Commissioner Wolff to recommend the City Council submit the 2013 Annual General Plan and Housing Report to the State of California. Motion passed 7:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None PC Draft Action Minutes of 2/18/14 Page 3 of 3 DIRECTORS REPORT  Director Frace stated that the next Planning Commission meeting will be held on March 4, 2014.  Director Frace gave an update on upcoming Planning Commission items, including a CUP for the ECHO open meal program, 3F Meadows Amendment, and Housing Element. ADJOURNMENT – 7:33 p.m. The next regular meeting of the Planning Commission is scheduled for March 4, 2014, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary t:\~ planning commission\pc minutes\pc minutes 2014\pc draft actn minutes 2 18 14.am.docx ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Atascadero Planning Commission Staff Report – Community Development Department Erick Serrano, Planning Intern, 470-3480, eserrano@atascadero.org Alfredo Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org PLN 2013-1484 / Conditional Use Permit 2013-0276 Telecommunication Facility with Monopine Pole for Antennas 6225 Atascadero Mall (Atascadero Bible Church / GTE Mobilenet - Verizon Wireless) RECOMMENDATION: DRC Recommends Planning Commission: Adopt Resolution PC 2014-0007 certifying mitigated negative declaration 2014-003 based on findings and approving the installation of a new seventy-five (75) foot faux- pine cellular tower; a 195 square foot (sf) equipment shelter, and a backup generator on a 50 sf concrete pad at APN 030-192-018 (6225 Atascadero Mall) based on findings and subject to conditions of approval and mitigation monitoring program. SITUATION AND FACTS: 1. Property Owner: Atascadero Bible Church, PO Box 987, Atascadero, CA 934223 (APN 030-192-018) 2. Applicant: GTE Mobilnet / Verizon Wireless, 211 East Carrillo Street Suite 301, Santa Barbara, CA 93101 3. Project Address: 6225 Atascadero Mall, Atascadero, CA 4. General Plan Designation: Public (P) 5. Zoning District: Public (P) 6. Site Area: 3.72 acres 7. Existing Use: Project location is vacant 8. Environmental Status: Mitigated Negative Declaration #2014-003 with Initial Study ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Surrounding Land Use: North: Highway 101 South: Open Space East: High Density Residential West: Public DISCUSSION: DRC Recommendation A DRC meeting was held to review the project on March 12, 2014, specifically the appearance and height of the proposed faux-pine cellular tower. The DRC recommended approval of the project with the following conditions:  Provide Staff the ability to color coordinate the monopine to ensure that it blends into the surrounding vegetation; and  Allow for the ability to co-locate additional antennas for other wireless providers. These conditions are included as a part of the conditions for project approval. Background: GTE Mobilenet (Verizon Wireless) is proposing the development of a wireless telecommunications facility behind the existing Atascadero Bible Church (ABC) and adjacent to Atascadero Creek. Verizon wireless is proposing an additional facility at this location to enhance its existing coverage for its customers as well as implement faster wireless technology know as Long Term Evolution (LTE) or 4th generation voice and broadband communication used by the latest wireless handsets. The applicant is proposing construction of the following:  seventy-five (75) foot cellular tower (monopine);  at grade radio equipment shelter;  backup generator. Location ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 The telecommunications facility is to be unmanned. No permanent buildings are proposed to be removed to accommodate the proposed project, however un-permitted carports will be removed. A condition has been placed requiring the property owner to obtain permits for any future carports that are placed on-site (condition 13). The project has the potential to impact nine (9) native trees through construction near the drip line. The applicant is not proposing removal of any native trees. Additional environmental effects on the project have been analyzed as a part of an initial study /mitigated negative declaration. Proposed Cellular Tower Location – Existing Conditions ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Analysis: The wireless telecommunications facility will be located in the rear portion of the lot in a vacant area behind the primary sanctuary / offices of the Atascadero Bible Church. The proposed facility is approximately 20-feet away from this building and will be adjacent to Highway 101, and Atascadero Creek. The proposed project area is approximately 927 square feet. The applicant is proposing new cellular tower measuring 75-feet in height with nine (9) antennas, an equipment shelter, and a backup generator within the project area. As a part of this proposal, the applicant is also proposing a 12-foot utility easement that traverses the parcel to the edge-of-right way along Atascadero Mall and boring a new underground fiber-optic utility adjacent to the Caltrans right-of-way of Highway 101. Proposed Cell Tower Existing Building Proposed Equipment Shelter Proposed Backup Generator Site Plan ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Cellular Tower A portion of the project includes the installation of a seventy-five (75) foot cellular tower (monopine) with initially nine (9) cellular antennas. The monopine pole structure is designed to emulate the appearance of a pine tree in order to blend into the surrounding vegetation. The proposed monopine, at seventy-five (75) feet will be the tallest structure in the project vicinity. Construction of the monopine will include materials that mimic the look of a pine tree; however, the positioning, size, and color of the antennas may be visible from certain vantage points due to their bulk. The proposed monopine and antennas can be viewed from various vantage points such as Atascadero Mall, Highway 101, Santa Ynez Avenue, and the Atascadero Bible Church property. The initial study / mitigated negative declaration includes mitigation measures to camouflage these antennas for better blending with the existing vegetation. The City has a few existing monopine cellular antennas, primarily along El Camino Real. The nearest monopine antenna is across the freeway located on the Hoff Property. This monopine antenna is approximately 70-feet in height. The proposed project monopine antenna is approximately 5-feet taller in height in order for the cellular antennas to properly provide coverage within a reasonable height distance. Attachment 7 shows a comparison between the existing monopine on the Hoff Property and the proposed project’s cellular facility. The DRC is recommending a condition be included (condition 11) that staff approve the monopine tree color branches to ensure consistency and blending with the surrounding vegetation. On-Site Buildings To support the main cellular tower, a prefabricated equipment shelter measuring approximately 195 square feet and a backup generator on a 50 sf concrete pad is proposed. The equipment area that includes the prefabricated equipment shelter and the backup generator is to be surrounded by a chain link fence. The use of a chain link fence enclosure will do little to minimize the visual impact the project may have on the adjacent area. In the past, the City has required equipment shelters to utilize decorative masonry wall construction when visible to the public. Similar equipment shelters along El Camino Real have been conditioned to provide this wall and the DRC recommends that the project be approved with this condition (Condition 12). Aesthetics The project site will be situated away from Atascadero Mall minimizing the views from that area but, the project will be viewable from other vantage points, as described in the initial study and mitigated negative declaration. The incorporation of a monopine will help to minimize any significant impacts on aesthetics in the area. However, antennas and the equipment within the project area will still be viewable from different vantage points. The mitigated negative declaration and conditions have been included to reduce the visual impacts of the antennas and the equipment areas. ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Existing Area of proposed Monopine ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Proposed Photo simulation of Monopine ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Goals and Policies: Goal LOC 15: Provide adequate public services for high-quality, orderly and sensible growth. Land Use Policy 15.10: Require public agency and private utility development projects in the City to conform to City site improvement standards. Findings The Planning Commission must make the following findings in order to approve a CUP. If the Commission chooses to deny the project, the Commission must make specific findings for denial. 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 proposed project, as recommended by the DRC is consistent with the Atascadero General Plan as identified by the policies and programs listed above. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the project satisfies the conditional use permit provisions for the Atascadero Municipal Code. 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. Staff Comment: The proposed telecommunication facility will not be detrimental to the general public or working person’s health, safety, or welfare. 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 proposed telecommunications facility is located at the rear of the site. It is blocked from views from the right-of-way by the existing ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Atascadero Bible Church building, and not visible from the surrounding neighborhood across Atascadero Creek nor from motorist along Highway 101. The proposed monopine cellular tower will be visible from the surrounding neighborhood and motorists off of highway 101, however the monopine tower is proposed to reduce the bulk and height of a typical cellular tower to reduce aesthetic impacts and enable the cellular antennas blend in with the existing vegetation. 5. The proposed use 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. Staff Comment: The proposed use is an unmanned cellular communication facility. Periodic maintenance will occur, however this will not generate a volume of traffic beyond the safe capacity of all roads that access the site. Based on staff’s analysis in the preceding sections, it appears that all of the required findings for approval of a Conditional Use Permit can be made. Environmental Determination The Initial Study concluded that there would be no significant harm to the environment as a result of this Conditional Use Permit, when mitigation measures are implemented. A proposed Mitigated Negative Declaration has been prepared for the project and certification of the Mitigated Negative Declaration 2014-0003 is included in draft Planning Commission Resolution 2014-0007. Conclusion The proposed wireless telecommunications facility at 6225 Atascadero is consistent with the underlying zoning and is proposed to be located away from the public right-of- way. The DRC has reviewed the project and is recommending approval. Based on the above analysis and incorporated conditions, staff is recommending that the findings for approval of the CUP are made. ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 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. The Commission’s motion to deny must include a finding for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1: Location Map (General Plan and Zoning) Attachment 2: Site Photos Attachment 3: Site Plan Attachment 4: Elevations Attachment 5: Photo simulations Attachment 6: Monopine Materials Attachment 7: Monopine Tower Comparison Attachment 8: Draft Resolution PC 2014-0007 ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 ATTACHMENT 1: Location Map (General Plan and Zoning) PLN 2013-1484 / CUP 2013-0276 6225 Atascadero Mall General Plan Designation: Public (P) Zoning: Public (P) Project Site 6225 Atascadero Mall ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 ATTACHMENT 2: Site Photos PLN 2013-1484 / CUP 2013-0276 6225 Atascadero Mall Rear of existing ABC Building ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Atascadero Creek Riparian Area ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 ATTACHMENT 3: Site Plan PLN 2013-1484 / CUP 2013-0276 6225 Atascadero Mall ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Attachment 4: Elevations PLN 2013-1484 / CUP 2013-0276 6225 Atascadero Mall ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Attachment 5: Photo simulations PLN 2013-1484 / CUP 2013-0276 6225 Atascadero Mall View from Highway 101 View from the Rear of the Property ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Attachment 5: Photo simulations Cont. PLN 2013-1484 / CUP 2013-0276 6225 Atascadero Mal View from Atascadero Mall View from Santa Ynez ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Attachment 6: Monopine Materials PLN 2013-1484 / CUP 2013-0276 6225 Atascadero Mall Potential Tree Limb Potential Tree Bark ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Attachment 7: Monopine Tower Comparison PLN 2013-1484 / CUP 2013-0276 6225 Atascadero Mall 70-feet 75-feet Existing El Camino Real Monopine (Hoff Property) Proposed Monopine – Verizon Wireless ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 ATTACHMENT 8: Draft Resolution PC 2014-0007 PLN 2013-1484 / CUP 2013-0276 6225 Atascadero Mall DRAFT RESOLUTION PC 2014-0007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2013-1484/CONDITIONAL USE PERMIT 2013-0276 TO ALLOW A CELLULAR TELECOMUNICATION FACILITIY IN PUBLIC ZONE AT 030-192-018 (6225 ATASCADERO MALL/ ATASCADERO BIBLE CHRCH / GTE MOBILENET) WHEREAS, an application has been received from Applicant, GTE Mobilnet of Santa Barbara d/b/a Verizon Wireless Company, (9349 211 East Carrillo Street, Suite 301, Santa Barbara, CA 93101) and Property Owner, Atascadero Bible Church (PO Box 987, Atascadero, CA 93422) to consider a Conditional Use Permit (CUP 2013-0276) to a wireless telecommunications facility at 6225 Atascadero Mall; and, WHEREAS, the site’s General Plan Designation is Public (P); and, WHEREAS, the site’s Zoning is Public (P); and, WHEREAS, a Conditional Use Permit is required for a telecommunications facility in the Public (P) zone; 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 the Planning Commission of the City of Atascadero held a public hearing on April 1, 2014 to consider the Initial Study and Proposed Mitigated Negative Declaration; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use 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 Conditional Use Permit; and, ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 1, 2014, studied and considered the Conditional Use Permit 2013- 0276, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Certification of Mitigated Negative Declaration the Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2014- 0003 based on the following findings: 1. The Mitigated Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 3. The project will not achieve short-term to the disadvantage of long-term environmental goals when mitigation measures are incorporated into the project; and, 4. The project does not have impacts which are individually limited, but cumulatively considerable when mitigation measures are incorporated into the project; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly when mitigation measures are incorporated into the project. 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, 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; 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. ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 1st 2014, resolved to approve Conditional Use Permit 2014-0276, subject to the following: EXHIBIT A: Initial Study and Mitigated Negative Declaration 2014-0003 EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Elevations EXHIBIT E: Equipment / Antenna Layout EXHIBIT F: Monopine Materials ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 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: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Dennis Schmidt Planning Commission Chairperson ATTEST: ___________________________________ Warren Frace Planning Commission Secretary ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 EXHIBIT A: Initial Study and Mitigated Negative Declaration PLN 2013-1484 / CUP 2013-0276 6225 Atascadero Mall Please See Next Page ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 EXHIBIT B: Conditions of Approval PLN 2013-1484 / CUP 2013-0276 Conditions of Approval / Mitigation Monitoring Program PLN-2013-1484 / CUP 2013-0276 6225 ATASCADERO MALL 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 Mitigation Measure Planning Department Standard Conditions 1. This Conditional Use Permit shall be for 6225 Atascadero Mall described on the attached exhibits and located on Assessor Parcel Number (APN) 030-192-018 regardless of owner. Ongoing PS 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits 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. Ongoing PS 3. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan 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 Master Plan of Development. BP / FM PS, CE 4. Approval of this Conditional Use Permit shall be valid for twenty- four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. BP / FM PS 5. 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 Planning Department Project Conditions 6. All antenna, landscaping, utility placement, and exterior elevations shall be consistent with Exhibit C through Exhibit F. BP PS 7. Cellular monopine tower shall not exceed a height of 75-feet, measured from the highest point of the structure to ground level, consistent with Exhibit D BP PS 8. Cellular provider shall be limited to that area which is shown on Exhibit C. Co-location for additional wireless carriers will be required to obtain approval of a separate Conditional Use Permit. On-Going PS ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Conditions of Approval / Mitigation Monitoring Program PLN-2013-1484 / CUP 2013-0276 6225 ATASCADERO MALL 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 Mitigation Measure 9. Equipment shelter building shall be an earthtone color, to be approved by Staff at the time of building permit submittal. BP/FO PS, BS 10. Community Development Department Staff will select final material colors for the monopine to ensure the cellular facility blends with existing vegetation BP/FP PS 11. A split face Masonry wall is to be constructed around the perimeter of equipment shelter. Masonry wall color must be of materials consistent with the existing building architecture. BP/FP PS 12. Replacement of existing carports will require issuance of a building permit for consistency with the California Building Code (CBC). BP PS/BS Building Division Conditions 13. A building permit is required. All submitted plans shall be in conformance with the adopted building code at the time of building permit submittal. BP/GP BS Public Works Project Conditions City Engineer Project Conditions 14. An Encroachment Permit is required (in addition to all other permits) for the work located in the public R/W (Atascadero Mall). The plan showing the work in the public R/W shall clearly identify the following: a. All existing utilities and proposed crossings b. The number of conduits, size & depth of the new facilities c. One-foot minimum vertical clearance at utility crossings d. A minimum horizontal clearance of five feet is required if installation is proposed parallel to other utilities e. Any splice boxes or vaults (traffic rated lids are required) f. Saw-cut limits (including potholing of all existing utility crossings associated with the proposed underground boring operation) g. A note on the plans shall clearly state that all work in the public R/W shall comply with City Standard Details GP, BP CE ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Conditions of Approval / Mitigation Monitoring Program PLN-2013-1484 / CUP 2013-0276 6225 ATASCADERO MALL 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 Mitigation Measure & Specifications 15. A separate traffic control plan shall be submitted as part of the encroachment permit application. GP, BP CE 16. Works hours in the public right-of-way may be restricted at the time of permit issuance in coordination with the school schedules. Due to the construction site location (adjacent to two schools), construction operations shall accommodate both vehicular and pedestrian traffic at all times. Lane restrictions during peak commute hours associated with the school schedule shall not be permitted at any time. Sidewalk closures will only be permitted when an acceptable alternate route is provided and approved by the City Engineer or the Public Works Inspector. GP, BP CE City Engineer Standard Conditions 17. Drainage easements shall be obtained by the applicant as needed to accommodate both public and private drainage facilities. GP, BP CE 18. Prior to the issuance of building permits the applicant shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. GP, BP CE 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 GP, BP CE 20. All utilities shall be undergrounded on project frontage GP, BP CE Mitigation Monitoring Program 21. Mitigation Measure 1.b.c.1: The proposed cellular tower is to be a monopine that emulates the surrounding vegetation in the project vicinity. Additionally, all proposed antennas, nine in total, are to be camouflage to match the surrounding vegetation. Final colors are to be approved by staff prior to issuance of building permits. BP BS/PS 1.b.c.1 22. Mitigation Measure 1.b.c.2: The project area is to be enclosed by a masonry wall that is to be consistent with the architectural construction of the adjacent building. All equipment within the project area visible from the parking area must be painted to match the adjacent building. Final colors are to be approved by staff prior to issuance of building permits. BP BS/PS 1.b.c.2 ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Conditions of Approval / Mitigation Monitoring Program PLN-2013-1484 / CUP 2013-0276 6225 ATASCADERO MALL 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 Mitigation Measure 23. Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, “hooded” lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 20-feet in height, limit intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to 1.0 maximum. No light shall be permitted to spill off-site. Fixtures shall be shield cut-off type. BP BS/PS 1.d.1 24. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in Section 2 “Assessing and Mitigating Construction Impacts.” 2.3.1 Standard Mitigation Measures for Construction Equipment  Maintain all construction equipment in proper tune according to manufacturer’s specifications;  Fuel all off-road and portable diesel power equipment with ARB certified motor vehicle diesel fuel (non-taxed version suitable for use off-road);  Use diesel construction equipment meeting ARB’s Tier 2 certified engines or cleaner off-road heavy duty diesel engines, and comply with State off-Road Regulations;  Use on-road heavy duty trucks that meet ARB’s 2007 or cleaner certification standard for on-road heavy duty diesel engines, and comply with State On-Road Regulation;  Construction or trucking companies with fleets that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance;  All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit;  Diesel idling within 1,000 feet of sensitive receptors is not permitted;  Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;  Electrify equipment when feasible;  Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and  Use alternatively fueled construction equipment on- site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propone or biodiesel. 2.3.2 Best Available Control Technology (BACT) for Construction Equipment  Further reducing emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on-road compliant engines;  Repowering equipment with the cleanest engines available; and  Installing California Verified Diesel Emissions Control BP BS/PS 3.b.1 ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Conditions of Approval / Mitigation Monitoring Program PLN-2013-1484 / CUP 2013-0276 6225 ATASCADERO MALL 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 Mitigation Measure Strategies. These strategies are listed at: http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm 2.3.3 Construction Activity Management Plan (CAMP) and Off-site Mitigation  A Dust Control Management Plan that encompasses all, but is not limited to, dust control measures that were listed in the “dust control” measures section in the SLO County APCD CEQA Air Quality Handbook  Tabulation of on and off-road construction equipment (age, horse-power and miles and/or hours of operation);  Schedule construction truck trips during non-peak hours to reduce peak hour emissions;  Limit the length of the construction work day period, if necessary; and,  Phase construction activities, if appropriate. 2.4 Fugitive Dust Mitigation Measures: Expanded List A. Reduce the amount of the disturbed areas where possible; B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible; C. All dirt stock pile areas should be sprayed daily as needed; D. Permanent dust control measures identified in the approved project revegtaion and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities; E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non-invasive grass seed and water until vegetation is established; F. All disturbed soil area not subject to revegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD; G. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114; J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible; ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Conditions of Approval / Mitigation Monitoring Program PLN-2013-1484 / CUP 2013-0276 6225 ATASCADERO MALL 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 Mitigation Measure L. All of these fugitive dust mitigation measures shall be shown on grading and building plans; M. The contractor or builder shall designate a person or person to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complains, reduce visible emission below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. 25. Mitigation Measure 3.b.2: The project shall be conditioned to comply with all applicable APCD regulations pertaining to Naturally Occurring Asbestos (NOA). Prior to any grading activities a geologic evaluation should be conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, and exemptions request must be filed with the District. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety program for approval by the APCD. Technical Appendix 4.4 of the SLO County APCD CEQA Air Quality Handbook includes a map of zones throughout San Luis Obispo County where NOA has been found and geological evaluation is required prior to any grading. BP BS/PS 3.b.2 26. Mitigation Measure 3.b.3 Developmental burning of vegetative material is prohibited within San Luis Obispo County. BP BS/PS 3.b.3 27. Mitigation Measure 4.b.1: All construction related activities are to remain outside of the riparian habitat. The applicant will place protective fencing around the riparian habitat to ensure no activities occur in the area. BP BS/PS 4.b.1 28. Mitigation Measure 4.e.1: Prior to the issuance of a building permit, the applicant will submit a Tree Protection Plan prepared by a Certified Arborist. Tree protection fencing shall be installed at locations identified in the Tree Protection plan. An inspection of the tree fencing shall be done by City staff prior to issuance of building permits. BP BS/PS 4.e.1 29. Mitigation Measure 4.e.2: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be BP BS/PS 4.e.2 ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Conditions of Approval / Mitigation Monitoring Program PLN-2013-1484 / CUP 2013-0276 6225 ATASCADERO MALL 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 Mitigation Measure pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within twenty feet of construction work shall be fenced for protection with 4-foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 7. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 8. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 9. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 10. At no time shall tree roots be ripped with construction equipment. 30. Mitigation Measure 4.e.3: The developer shall contract with a certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A pre-construction meeting shall take place on site with engineering /planning staff, grading equipment operators, project superintendent, and the project arborist to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection prior to the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree’s root zone area. The pre-construction meeting shall take place prior to permit issuance. (c) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. BP BS/PS 4.e.3 31. Mitigation Measure 4.e.4: All utilities shall be located underground, and avoid the drip line of trees whenever feasible. BP PS 4.e.4 32. Mitigation Measure 4.e.5: If grading is to occur, erosion control hydro seed/slope stabilization shall consist of native species matching the existing plant species within the tributary stream. BP PS 4.e.5 ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Conditions of Approval / Mitigation Monitoring Program PLN-2013-1484 / CUP 2013-0276 6225 ATASCADERO MALL 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 Mitigation Measure The seed and plant material shall not contain any introduced plant species. 33. Mitigation 5.b.1: In the event that archaeological resources are discovered on the property, all work on the project shall stop. When a project will impact an archeological site, the Atascadero Community Development Department shall first determine whether the site is a historical resource. If a lead agency determines that the archaeological site is an historical resource, it shall refer to the Public Resources Code Sections for guidance. If an archaeological resource is neither a unique archaeological nor an historical resource, the effects of the project on those resources shall not be considered a significant effect on the environment. BP/GP PS/BS 5.b.1 34. Mitigation 5.d.1: In the event that human remains are discovered on the property, all work on the project shall stop and the Atascadero Police Department and the County Coroner shall be contacted. The Atascadero Community Development Department shall be notified. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) shall be contacted at (916) 653-4082 within 24 hours. A representative from both the Chumash Tribe and the Salinan Tribe shall be notified and present during the excavation of any remains. Ongoing PS 5.d.1 35. Mitigation Measure 6.a.1: Prior to the issuance of building permits, the applicant will submit a soils report to building department. The soils report will ensure that the proposed project site and building location will not be subject to geological events. BP CE 6.a.1 36. Mitigation Measure 6.b.1: Any grading permit application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. BP BS/PS 6.b.1 37. Mitigation Measure 6.b.2: All cut and fill slopes shall be hydro seeded with an appropriate erosion control method (erosion control blanket, hydro-mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. BP BS/PS 6.b.2 38. Mitigation Measure 6.c.d.1: A soils report shall be required to be submitted with a building permit by the building department. The building plans will be required to follow the BP BS/PS 6.c.d.1 ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 Conditions of Approval / Mitigation Monitoring Program PLN-2013-1484 / CUP 2013-0276 6225 ATASCADERO MALL 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 Mitigation Measure recommendations of the soils report to assure safety for residents and buildings. The property contains no unusual geological formations. 39. Mitigation Measure 9.e.f.1: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. BP BS/PS 9.e.f.1 40. Mitigation Measure 9.g.h.i: Prior to construction, the developer must demonstrate that the proposed building site and structures are above the 0.2 percent flood plain. BP BS/PS 9.g.h.i.1 41. Mitigation Measure 12.c.1: The noise level of any equipment on the site shall not exceed 50db at any property line. The applicant shall provide an acoustical analysis verifying that the site will be in compliance with these standards prior to the issuance of the building permit. BP BS/PS 12.c.1 42. Mitigation Measure 12.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. BP BS/PS 12.d.1 ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 EXHIBIT C: Site Plan PLN 2013-1484 / CUP 2013-0276 ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 EXHIBIT D: Elevations PLN 2013-1484 / CUP 2013-0276 ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 EXHIBIT E: Site Layout PLN 2013-1484 / CUP 2013-0276 Masonry Wall to be constructed along perimeter of equipment shelter / generator pad ITEM NUMBER: ITEM NUMBER: 2 DATE: 04-01-14 EXHIBIT F: Monopine Materials PLN 2013-1484 / CUP 2013-0276 Potential Tree Limb Potential Tree Bark Final Material Colors to be select by City Staff at time of building permit issuance. ITEM NUMBER: 3 DATE: 04-01-14 Atascadero Planning Commission Staff Report – Community Development Department PLN 2099-0033 / ZCH 2014-0171 Oak Ridge Estates / 3F Meadows PD-11 Text Amendment and EIR Addendum (Castlerock Development / KM Holdings) RECOMMENDATION: Staff Recommends: 1. Adopt Planning Commission Resolution PC 2014-0005 recommending to the City Council approval of the Environmental Impact Report Addendum for the PD-11 amendment for the Oak Ridge Estates/3-F Meadows project; and, 2. Adopt Planning Commission Resolution PC 2014-0006 recommending that the City Council introduce for first reading, an ordinance amending PD-11 for the Oak Ridge Estates/3-F Meadows project. REPORT IN BRIEF The project consists of a proposed amendment to Planned Development 11 (PD-11) which is referred to as the 3-F Meadows or Oak Ridge Estates project. The City adopted PD-11 in 1995 as part of the Atascadero Zoning Ordinance to provide development requirements and standards for Oak Ridge Estates (project). The proposed PD-11 amendments are limited to the following off-site improvement requirements: 1. Intersection improvements at the State Route 41 and Los Altos Road. 2. Intersection improvements at the State Route 41 and the driveway serving Lots 109-112. The amendments are required in order to bring the 1995 project requirements in line with current Caltrans improvements standards. A project specific Traffic Report has been prepared by W-Trans to analyze the proposed amendments. Based on the conclusions of the Traffic Report, staff prepared an Environmental Impact Report (EIR) ITEM NUMBER: 3 DATE: 04-01-14 Addendum which concludes that the proposed amendments to PD-11 are consistent with the original 1995 project EIR. Project Map and Setting The Planning Commission will be acting as an advisory body and will be making a recommendation to the City Council. The final decision regarding the PD-11 amendment and Environmental Impact Report Addendum will be made by the City Council. San Marcos project entry (existing) Cenegal Road project entry (future) ITEM NUMBER: 3 DATE: 04-01-14 DISCUSSION: Background 1. Project History The original 3-F Meadows Ranch project was approved by the City Council in February 1995. The project included a lot line adjustment map (LLA 94005), a zone change (ZCH 94-001) which created the Planned Development 11 (PD-11) zoning district, a Colony Road abandonment (RA 94-001), and the certification of an Environmental Impact Report. The purpose of the project was to reconfigurd 115 existing residential Colony Lots on approximately 802± acres into a new configuration that would minimize grading and environmental impacts while creating open space preserves at the same time. Attachment 1 shows the approved project and off-site improvement requirements, which include:  111 single-family residential lots with 39 acres of conservation easements  One (1) lot for an Atascadero Mutual Water Company water tank  Three (3) open space lots consisting of a total of 256 acres Project construction began in 2003. Permits for 26 single-family homes have been issued and 25 permits have been finaled. As a result of the economic downturn, construction on the project slowed after 2006. The last housing permit was issued in the summer of 2007, after which time the City stopped issuing building permits. 2. Project Moratorium On March 8, 2010, the City issued a letter (Attachment 2) notifying the developer that the project was out of compliance with PD-11’s off-site road improvement requirements for:  Curve widenings on Los Altos Road  Intersection improvements at State Route 41 and Los Altos Road. The PD required these improvements to be completed within the following timeframe:  When the average daily trips (ADT) on Los Altos Road reaches five hundred (500) vehicles per day; or,  With the development of the twenty-seventh lot in Phase 1; or,  Within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. Since the off-site improvements were not completed within the three year time frame, the letter stated that no additional residential building permits would be issued until the project was in compliance with the requirements of PD-11. The current suspension of project residential permitting is preventing the construction of additional dwelling units ITEM NUMBER: 3 DATE: 04-01-14 that would contribute additional traffic to Los Altos/SR41. Therefore, there are currently no potential public safety issues caused by the non-compliance with PD-11. However, Castlerock is working to design and complete the required off-site improvements at the State Route 41 / Los Altos intersection so permit issuance may resume. 3. PD-11 Requirements The City adopted PD-11 as part of the Atascadero Zoning Ordinance, Section 9-3.656, to provide development requirements and standards for Oak Ridge Estates (project). Because the project was a lot line adjustment rather than a tentative tract map, the City could not apply project conditions to the map. As a result, the project conditions were written into the zoning ordinance as PD-11 (Attachment 3). The PD-11 requirements are organized as follows:  Planning Requirements  Fire Department Requirements  Engineering Requirements o On-site road improvements o Off-site improvements (this section is proposed for amendment) o Drainage o Utilities Planned Development 11 currently requires off-site road improvements for the intersection of State Route 41 and Los Altos Road. The offsite improvements should have been completed within three years of the issuance of housing permits. However, due to changes in Caltrans requirements, the Developer has been unable to secure a Caltrans encroachment permit that would allow the construction of improvements at the State Route 41 / Los Altos Road intersection, Current Planned Development 11 Requirements State Route 41 / Los Altos Road Intersection 1. A Left-turn lane shall be constructed on State Highway 41 for eastbound traffic entering Los Altos Road. (PD-11 section 9-3.656(3)(v)) 2. Vehicle refuge lanes shall be constructed for vehicles turning left onto State Highway 41 from Los Altos Road. (PD-11 section 9-3.656(3)(vi)) 3. Provide a minimum of five hundred fifty (550) feet of sight distance at the intersection of Los Altos Road and State Highway 41. (PD-11 section 9-3.656(3)(vii)) 4. Advisory and warning signage shall be installed along State Highway 41 to advise drivers of the approaching intersection with Los Altos Road. (PD-11 section 9-3.656(3)(viii)) ITEM NUMBER: 3 DATE: 04-01-14 5. Designated right-turn lane shall be constructed on State Highway 41 for westbound traffic entering Los Altos Road. (PD-11 section 9-3.656(3)(ix)) 4. Previous Amendment Requests 2005 Amendment Request The applicant began working with Caltrans on the State Route 41 / Los Alto s intersection improvements when the project began in 2001. After a number of years of discussions with Caltrans, the Developer was notified by Caltrans on June 15, 2005 (see following page) that the right turn lane would lead to significant environmental impacts resulting from widening the highway into a creek. Caltrans directed the applicant (Castlerock) to submit plans for a right-turn taper as the preferred intersection improvement rather than a separate right turn lane (“channelization”). The Developer notified the City that Caltrans would not issue an encroachment permit for the right turn lane required by PD-11. Consistent with Caltrans direction, the developer requested a right-turn taper be substituted for the right-turn requirement. The City Engineer decided to present the request to the City Council for a determination since the intersection improvements are contained in the Zoning Ordinance under PD-11. The issue was agendized for a City Council hearing in 2005. Following lengthy testimony from the applicant, Caltrans, and the neighborhood, the Council determined that there was not sufficient analysis of the safety issues and denied the applicant’s request on a 5-0 vote. 2012 Amendment Request From 2006 to 2011, the applicant continued to work with Caltrans in an attempt to acquire an encroachment permit for the State Route 41 / Los Altos intersection. When these efforts were unsuccessful, the applicant requested in 2012 the issue be brought back to the City Council for further consideration. At the April 10, 2012 City Council meeting, staff recommended that Council accept a recommendation from the Acting City Engineer’s that the right-turn taper be substituted for the right-turn lane based on Caltrans previous direction that it is the preferred improvement. It was assumed the Acting City Engineer had the authority to make design level decisions for public improvement projects. Council accepted the Acting City Engineer’s decision, however, this decision was reversed when it was discovered that the Council’s 2005 decision on the project prevented staff from changing the requirements. It was determined the Council should make the final determination on any off-site improvement requirements or changes. 2013 Amendment Request This issue was again presented to Council May 14, 2013. Staff reiterated the current issues regarding the right-turn taper vs. right-turn lane, provided technical information regarding the improvements and provided Council with options for changing the right- turn requirements for the project. Council directed staff to formally amend the PD-11 code text and bring the project back for Council review and approval. Since the same issues exist at the State Route 41 / driveway 109-112 driveway intersection, those standards are being updated concurrently. ITEM NUMBER: 3 DATE: 04-01-14 June 15, 2005 Caltrans letter directing applicant not to build a right turn lane ITEM NUMBER: 3 DATE: 04-01-14 5. 2014 Amendment Request Process Staff has prepared this staff report and PD-11 amendment in response to the City Council’s 2013 direction. The PD-11 amendment consists of three key components:  W-Trans Traffic Report  PD-11 Code Text Amendment  Environmental Impact Report Addendum W-Trans Traffic Report The City hired the Traffic Engineer, W-Trans Inc., to complete a Traffic Report to analyze the potential impact of changing the project requirements for State Route 41 / Los Altos Road Intersection and the State Route 41 / Lots 109-112 driveway intersection. The traffic consultant costs were paid by the applicant. The Traffic Report is included as Attachment 8, Exhibit E. Staff subsequently sent the Traffic Report and amended PD-11 language modifications to Caltrans for review and concurrence. PD-11 Code Text Amendment Based on the results of the Traffic Report, staff developed draft PD-11 language changes that correlate to the improvements identified as being warranted in the Traffic Report. The proposed amendments to PD-11 would modify the requirements for the off-site improvements at State Route 41 / Los Altos Road Intersection and the State Route 41 / Lots 109-112 driveway intersection. The proposed amendment will modify the following sections of PD-11 (a complete analysis of these amendments follows in section “9. Planned Development 11 Amendments – Detailed Analysis”: 1. Left-turn lane requirements on State Highway 41. 2. Vehicle refuge lanes for vehicles turning left onto State Highway 41. 3. Minimum sight distance for intersections on State Highway 41. 4. Advisory and warning signage on State Highway 41. 5. Right-turn lane requirements on State Highway 41. No other changes or discretionary approvals are proposed for or to the number, location or development of any residential lots, roads or any other aspects of the 3F Meadows Project. These proposed changes were analyzed in the traffic report and reviewed by Caltrans. Caltrans has subsequently provided the City with a confirmation letter that it has no objections to the draft PD-11 language. Caltrans’s confirmation letter is included as Attachment 4. A detailed explanation of the PD-11 changes is contained in the next section of this staff report. ITEM NUMBER: 3 DATE: 04-01-14 Environmental Impact Report Addendum The third part of the PD-11 amendment process is the Environmental Impact Report (EIR) Addendum. The EIR Addendum evaluates the proposed PD-11 changes against the off-site traffic mitigation measures identified in the original 3-F Meadows EIR. These EIR traffic mitigation measures were incorporated into the PD-11 standards for the 3-F Meadows Project. The EIR Addendum concluded that it is acceptable for the City to modify some of the traffic mitigation measures for the following reasons:  The modifications will avoid creating new, more severe, significant adverse environmental impacts; and,  The proposed road improvements would be constructed consistent with current Caltrans recommendations and standards; and,  The modifications will not create any new, significant traffic impacts. As demonstrated in the attached EIR Addendum (Attachment 8), no further environmental review beyond the EIR Addendum is necessary due to the fact that the proposed changes to the PD-11 will not result in any new or more severe environmental impacts. The conclusion of the EIR Addendum States: “…Based on the analysis in this Addendum and its exhibits, the City concludes that a subsequent EIR is not necessary as the proposed changes to PD-11 are minor in nature in that they do not result in any new significant adverse environmental impacts or an increase in the severity of impacts previously identified in the 3F Meadows EIR. In fact, the changes are decidedly beneficial from an environmental impact and public safety point of view as they avoid the creation of a new significant adverse impact (associated with the original PD-11 requirement that State Route 41 be widened to facilitate construction of a new dedicated right-turn lane from westbound State Route 41 onto Los Altos Road) and generally provide updates to modernize and ensure that the improvements that are necessary are built to current Caltrans Design Standards…” ITEM NUMBER: 3 DATE: 04-01-14 Summary of 2013/14 amendment process The amendment process consists of the following steps: Step Status Prepare a Traffic Report to analyze current and future traffic conditions at the State Route 41 / Los Altos Road intersection and the State Route 41 / Lots 109-112 driveway intersection. Complete Develop draft PD-11 amendment language that reflect the warranted improvements at the State Route 41 / Los Altos Road intersection and the State Route 41 / Lots 109-112 driveway intersection. Complete Coordination with Caltrans regarding the proposed PD-11 amendments and Traffic Report in order to obtain Caltrans concurrence on proposed changes. Complete Prepare an EIR Addendum for the 1995 3-F Meadows (original development name) Final Environmental Impact Report that evaluates the proposed PD-11 changes. Complete Planning Commission hearing to consider a recommendation to the City Council regarding the proposed amendment. Current City Council Meeting to consider proposed PD11 amendments at first reading. Pending City Council Meeting to consider the proposed PD11 amendments at second reading. Pending ITEM NUMBER: 3 DATE: 04-01-14 Analysis 6. Project Circulation Access Points Oak Ridge Estates (formally known as 3-F Meadows) has three access points:  San Marcos Road via Los Altos Road and State Route 41 (current project access point)  Cenegal Road via Laurel and Santa Lucia Roads (future access point)  Private Driveway to Cholare Road off of State Route 41 (access to lots 109-112 only) The first access is arrived at via the Highway 41/Los Altos Road intersection. From Los Altos Road you travel east to San Marcos Road and the development is at the end of San Marcos Road. The second access is from Santa Lucia Road via Laurel and Cenegal Roads. This connection has not been built and must be completed as part of a later phase. The Final EIR assumed that half of the project traffic would access Oak Ridge estates from each access point. Two road access routes are required to ensure adequate evacuation routes and traffic circulation. The maps on the next two pages show the access points. Lots 109-112 have a separate access point off of Highway 41. Lots 109-112 take access from an existing private driveway serving four adjacent lots. This access serves four existing single-family residential lots and the four proposed Oak Ridge Estates lots (Lots 109-122). The Applicant has a driveway easement across three of the adjacent lots, as shown on the next page. The easement then reconnects with Cholare Road and a private access easement that runs across lots 109-112. A picture of the drive approach is shown below. The driveway serving Lots 109-112. Picture looking eastbound on Highway 41 ITEM NUMBER: 3 DATE: 04-01-14 Lot 109 – 112 Location Map Existing lots on State Route 41 (not part of Oak Ridge Estates Lots 109 - 112 (part of Oak Ridge Estates Existing driveway on State Route 41 (future access to lots 109-112 Future driveway connection to lots 109-112 ITEM NUMBER: 3 DATE: 04-01-14 Project Map and Access Points Santa Lucia access via Laurel and Cenegal Roads Intersection of State Route 41 and Los Altos Road Intersection of State Route 41 and the driveway for lots 109-112 PD-11 / 3-F Meadows / Oak Ridge Estates project boundary San Marcos project entry (existing) Cenegal Road project entry (future) ITEM NUMBER: 3 DATE: 04-01-14 7. Traffic Report Staff evaluated the existing traffic reports to determine if they would provide enough information to support the PD-11 amendment process. Staff determined that the previous traffic reports did not provide the analysis needed to support the PD-11 modifications and supporting EIR Addendum. In addition, the previous traffic analysis did not address the intersection of the driveway accessing Lots 109-112 from Highway 41. Staff also wanted to consider questions and information that had been raised or provided in previous City Council meetings. Therefore, the Applicant funded, and the City retained, W-Trans to provide an overall evaluation of current and future traffic conditions resulting from the development and adjacent traffic shed. The following comments, data and information were used to develop the February 4, 2014 Traffic Report: 1. Current Traffic Counts for Los Altos Road and Highway 41. These rates were collected when school was in session. (Collecting traffic volumes when school is in session is standard and was also a concern brought up at previous Council meeting regarding the traffic counts existing at that time.) 2. Current and Future Development information for Oak Ridge Estates. 3. Current and Future Development information for the developed and vacant lots accessing Los Altos Road outside of the development. (Inclusion of trips from existing development and potential development outside Oakridge Estates was a concern noted at a previous Council meeting. The additional trips were included in the Traffic Report so a conservative estimate of traffic conditions would be developed.) 4. Anticipated number of second units that could be developed in the traffic shed. (Inclusion of trips generated by the potential development of additional second units was a concern noted at a previous Council meeting. The trips generated by four additional second units were included so a conservative estimate of traffic conditions would be developed. The four unit estimate is double the existing second unit construction for areas around the development) 5. The 2013 version of the San Luis Obispo of Governments 2035 Traffic Growth Model for Highway 41. This model was used to estimate the growth of turning movements not related to the project over time. The model predicts future growth to 2035. 6. Highway Patrol Collision History for a five year period published in the Statewide Integrated Traffic Records System. 7. Collision Review Results Memo from Central Coast Transportation Consulting (provided by Mr. Mitch Paskin). This information was evaluated in and incorporated where appropriate. W-Trans also provided a memo response to ITEM NUMBER: 3 DATE: 04-01-14 the Central Coast Transportation memo. The response is included as Attachment 7. 8. Traffic Report Conclusions and Recommendations The W-trans traffic analysis utilized the above information to determine the following for the existing, future and future plus project scenarios:  Levels of service calculations for roads and intersections  Determine if Los Altos Road/Highway 41 intersection collisions exceeded statewide standards  Determine the type of improvement that would be warranted at both intersections with Highway 41. The Traffic Report presented several conclusions and recommendations that staff used to modify PD-11 and support the FEIR Addendum. Significant conclusions and recommendations include:  The State Route 41 / Los Altos Road intersection operates at an acceptable level of service in the existing, future and future plus project conditions. Therefore, a left-turn refuge/acceleration lane, for cars turning left onto Highway 41, is not warranted.  A right-turn taper is warranted under future plus project conditions at the State Route 41 / Los Altos Road intersection.  A right-turn lane at the State Route 41 / Los Altos Road intersection not warranted under any future traffic scenario. (Note: the trigger for a full right-turn lane would be construction of all of Oak Ridge Estates plus an additional 112 single-family residential houses.)  At the State Route 41 / Lots 109-112 driveway intersection, the existing, future and future plus project scenarios do not warrant the need for either a left-turn lane, right-turn lane, right-turn taper or left-turn acceleration/refuge lane.  The existing right-turn taper at the State Route 41 / Los Altos Road intersection should be evaluated to determine if it meets current Caltrans standards. If it does not meet the standard, the existing taper should be improved to meet the applicable Caltrans design standards. The conclusions and recommendations from the Traffic Report were subsequently used to develop draft Planned Development 11 language, as discussed below. 9. Planned Development 11 Amendments – Detailed Analysis As previously discussed, Planned Development 11 (PD-11) is in the Municipal Code and contains the conditions of approval for the Oakridge Estates Development. PD-11 ITEM NUMBER: 3 DATE: 04-01-14 provides development requirements for on and off-site roads, fire protection and other planning development standards. City staff developed the proposed modified PD-11 language to reflect the Traffic Report conclusions and recommendations. The entire draft PD-11 language is provided as Attachment 4. Staff provided Caltrans with copies of the traffic report and draft amended PD-11 language for review and concurrence. Caltrans provided a letter stating that Caltrans has no objections to the proposed PD-11 revisions. The letter is included as Exihibit F to the EIR Addendum in Attachment 4. The proposed PD-11 amendments consist of the following, and timing requirements are discussed after the description of the PD-11 changes: Left-turn lane improvements - Section 9-3.656(c)(3)(v) The Traffic Report identified that a left-turn lane is warranted for the intersection of Highway 41 and Los Altos Road. A left-turn lane already exists in this location therefore; Caltrans requested language clarifying that the applicant will be required to upgrade the left-turn lane to Caltrans’s satisfaction. In addition, Caltrans requested that the left-turn lane be retained at the Driveway serving lots 109-112. The left-turn lane is not warranted according to the Traffic Report. Therefore, the City and Caltrans staff agreed to include a provision that would relieve the Applicant of completing the left-turn lane improvements should Caltrans determine that a left-turn lane is not required. This will allow the Applicant to move forward with the project should a left-turn lane no longer be needed. Caltrans expects that the left-turn lane will be required. The following paragraphs show the proposed left-turn lane modification in strike out and italics for inserted language for the left-turn lanes: ITEM NUMBER: 3 DATE: 04-01-14 PD-11 Text Amendment: Left-turn lane improvements - Section 9-3.656(c)(3)(v) Vehicle Refuge Lane improvements - Section 9-3.656(c)(3)(vi): The Traffic Report provides the Level of Service related to vehicle delay for vehicles turning left onto Highway 41 at Los Altos Road. Level of Service is used as an indication of how much time delay a person will experience at an intersection because of traffic congestion. Level of Service was not provided at the driveway serving Lots 109-112 because of the very small amount of traffic that the four lots will generate. Therefore, the Level of Service will not change significantly. The Traffic Report indicates that the Los Altos Road intersection will operate satisfactory at a Level of Service C or better during peak traffic hour. This means that motorists will not have to sit and wai t very long before they have an opportunity to pull out onto State Route 41. The City has therefore removed the requirement to install refuge lanes for each intersection since the delay does not warrant refuge lane improvements. ITEM NUMBER: 3 DATE: 04-01-14 However, Caltrans is requiring that the drive approach for the Driveway serving Lots 109-112 be brought up to current drive approach design standards. This means that the applicant will need to provide a plan showing what improvements need to be made to the driveway approach before a building permit can be obtained for any of the lots. The Draft plans that the Applicant has submitted to Caltrans include a painted median in the same location where a refuge lane would be. This painted median is not specifically for refuge but it does provide an area for cars in the event of a conflict. This painted median is required since there is a left-turn lane on the other side of the intersection. The purpose of the painted median is to channelize on-coming traffic to the right, in order to protect the left turn lane: ITEM NUMBER: 3 DATE: 04-01-14 PD-11 Text Amendment: Vehicle Refuge Lane improvements - Section 9-3.656(c)(3)(vi): Sight Distance Improvements - Section 9-3.656(c)(3)(vii): Sight Distance improvements have been modified to include interim improvements at the intersection of Los Altos Road and Highway 41. Long-term improvement requirements remain the same for both intersections. Short-term improvements include interim safety signage were added in response to comments at previous Council meetings that site-distance is an overall concern. The interim improvements consist of improving site distance at the Los Altos Road Intersection as permitted by Caltrans and relevant permitting agencies (e.g. Fish and Wildlife). The Applicant recently performed interim sight distance improvements last month. The timing triggers for the interim improvements and maintenance is yearly by September 15 th until the final improvements are completed. Timing triggers are discussed below. The proposed PD- 11 language consists of the following: ITEM NUMBER: 3 DATE: 04-01-14 PD-11 Text Amendment: Sight Distance Improvements - Section 9-3.656(c)(3)(vii): ITEM NUMBER: 3 DATE: 04-01-14 Figure 2 - Painted Median Advisory and Warning Signage Improvement 9-3.656(c)(3)(viii): The Advisory and Warning Signage Improvement requirements have been modified to include interim improvements at the intersection of Los Altos Road and Highway 41. The interim improvements must be constructed within six months of the adoption of the PD-11 amendments. Short-term improvements were added in response to comments at previous Council Meetings that warning signage may not be adequate at this intersection. The interim improvements consist of the installation of appropriate signage prior to the Los Altos Road Intersection. All signage improvements will be subject to the approval of Caltrans. Long-term sight distance improvement requirements remain the same for both intersections. The timing triggers for the long-term improvements and maintenance is discussed below and is tied to the right-turn taper improvements. The proposed PD-11 language consists of the following: Painted Median Location Protects left turn lane Typical Vehicle ITEM NUMBER: 3 DATE: 04-01-14 PD-11 Text Amendment: Advisory and Warning Signage Improvement 9-3.656(c)(3)(viii): Right Turn Lane Improvements - Section 9-3.656(c)(3)(ix): Planned Development 11 requires the applicant to install right-turn lanes on State Route 41 and at the Driveway serving Lots 109-112. The Traffic Report results indicate that a right-turn lane is not warranted for either intersection. The right-turn lane at Los Altos Road is not warranted since the number of units being built, under future plus all other expected development scenario (worst case), does not generate enough right-turns at the intersection. The Traffic Report indicates that an additional 112 units are required, above the number planned or expected, in order to trigger the need for right-turn improvements. The traffic report indicates that a right-turn taper is warranted at the Los Altos Road intersection. Therefore, staff has modified PD-11 to reflect the right-turn taper warrant. Timing and warrants are discussed on the next page. The right-turn taper improvements are shown in Figure 3. ITEM NUMBER: 3 DATE: 04-01-14 Figure 3 – Right-turn Taper Widening Lastly, a right-turn lane is not warranted at the Driveway serving lots 109-112 based on the Traffic Report results. The four project lots and the existing lots served by the driveway do not generate sufficient traffic to warrant full right-turn lanes. However, the applicant must still bring the drive approach up to current Caltrans standards prior to development of Lots 109-112. The amended PD-11 language is as follows. Right-turn taper widening Existing edge of pavement ITEM NUMBER: 3 DATE: 04-01-14 PD-11 Text Amendment: Right Turn Lane Improvements - Section 9-3.656(c)(3)(ix): 10. Timing of Improvements State Route 41 / Los Altos intersection The State Route 41 / Los Altos intersection improvement timing requirement has already been triggered under the existing PD-11 language. As a result, the Applicant cannot pull any single-family residential permits at this time. The Existing PD-11 language requires the improvements at State Route 41 / Los Altos intersection improvement be constructed when: 1. when the ADT on Los Altos Road reaches five hundred (500) vehicles per day; or, 2. with the development of the twenty-seventh lot in Phase 1; or, 3. within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. Since the Traffic Report indicates that additional homes could be constructed without triggering the need for a right-turn taper the applicant is requesting that additional building permits be issued prior to the completion of the revised improvements. The ITEM NUMBER: 3 DATE: 04-01-14 Applicant has stated this will facilitate the financing of the improvements at the intersection. The proposed PD-11 amendment language contains modified timing requirements that specify when the improvements have to be constructed. The timing of improvements is based on the warrants specified in the Traffic Report. The improvements at the State Route 41 / Los Altos Road intersection are tied to the requirements for the right-turn taper. Improvements to the intersection, under existing conditions (today), are not warranted until an additional 95 single-family residential units are constructed. Staff is recommending the trigger for the State Route 41 / Los Altos intersection improvements be set as follows: 1. Prior to the issuance of the 52nd Oak Ridge Estates housing unit permit (25 additional permits beyond the 26 already issued); or, 2. Three (3) years from the approval of this ordinance, whichever occurs first. If the intersection improvements are not completed prior to the triggers, the City would stop issuing building permits. State Route 41 / Driveway serving Lots 109-112 Intersection The improvements at the State Route 41 / driveway serving Lots 109-112 intersection have not yet been triggered since the Applicant has not yet applied for building permits for these four lots. The existing PD-11 trigger requirement for Lots 109-112 intersection improvements is shown below. This trigger is not proposed to be modified as part of this amendment. “…The right-turn lane for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112…” The improvements and warrant triggers are specified in Table 2, below. In the case where a different improvement is specified, it is shown below the deleted improvement. ITEM NUMBER: 3 DATE: 04-01-14 Table 2 - Improvements, Associated Timing, and Change Location Improvement Proposed Timing Change Los Altos Road and Highway 41 Right-turn Lane Not Required Deleted Requirement Right-turn Taper Within 3 years or prior to the issuance of the 52nd housing permit. New Requirement Refuge Lane Not Required Deleted Requirement Interim Sight Distance Yearly by September 15th. New Requirement Sight Distance Within 3 years or prior to the issuance of the 52nd housing permit. Modified Timing Interim Advisory and Warning Signage Within six months of the PD-11 amendment New Requirement Advisory and Warning Signage Within 3 years or prior to the issuance of the 52nd housing permit. Modified Timing Left-turn Lane Improvements Within 3 years or prior to the issuance of the 52nd housing permit. Modified Timing Driveway Serving Lots 109-112 Left Turn Lane Improvements Prior to the issuance of building permits for any portion of Lots 109-112 No change Right-turn Lane Improvements Not required Deleted Requirement Driveway Approach Upgrades Prior to the issuance of building permits for any portion of Lots 109-112 New Requirement Refuge Lane Not required Deleted 11. Neighborhood issues and Concerns Staff is aware of several issues that the local neighborhood has voiced. These concerns are mainly related to the following:  Construction traffic on San Marcos Road  Road maintenance of San Marcos Road  Road maintenance of Los Altos Road  Desire for another road connection to Highway 41  Sight distance and signage issues at Los Altos Road and Highway 41 ITEM NUMBER: 3 DATE: 04-01-14 Construction Traffic and maintenance of San Marcos Road is a concern of the neighborhood because of increased traffic, road damage, speeding and safety. San Marcos Road is a typical west-side hilly road that is narrow and winding. PD-11 addresses the increased construction traffic concerns by requiring the applicant to perform curve widening and maintain San Marcos Road through the end of Phase II construction. This requirement is not being changed. The City has a signed agreement with the applicant for the road maintenance. After Phase II, the City will rely on the Municipal Code section that applies to offsite damage by construction traffic. The City is able to require repair of construction related damage. Long-term, the City will add San Marcos, from Los Altos to the Oakridge Estates Entrance to the list of City Maintained Roads. Los Altos Road is already a City Maintained Road. Los Altos Road maintenance is an ongoing concern for the City. Although Los Altos is a City maintained road, the road was not built to City standards and has not been maintained over the years. The City currently does not have any long-term plans to maintain Los Altos. However, the Applicant has indicated that they are interested in performing repairs to Los Altos Road. The repairs would consist of pavement repairs and sealing of the road. This repair scenario represents a medium term fix for Los Altos. This would be in addition to previously completed curve widening that was completed in 2013. The Applicant’s plan for repair of Los Altos is included as Attachment 5. The repair of Los Altos is discussed further below in the Performance Agreement Section. The City has also been asked by a resident to require the applicant to construct another connection to Highway 41. This connection would be along the Escabrosa Road right of way, which is partly in the County. This connection was analyzed as part of the Project EIR in 1994. This connection was discounted as an alternative because of significant environmental impacts that would result from the major grading and tree removal required. The EIR identified the two connection points as the Highway 41 entrance and the Santa Lucia entrance via Laurel and Cenegal Roads. There are no proposed changes to the lot or road configurations within the project area. During the May 2013 City Council Meeting, a concern was raised over site distance and signage at the intersection of Highway 41 and Los Altos Road. Staff has evaluated the current conditions and has modified the existing sight distance and signage requirements to include interim sight distance and signage improvements at the intersection. These improvements are meant to address the neighborhoods concerns and are discussed in detail above. 12. Draft Amended Performance Agreement The Applicant and City have tentatively agreed to amend the existing project Performance Agreement. The existing Performance Agreement outlines the Applicant’s responsibilities related to the construction of offsite improvements and maintenance during project construction. Performance Agreement Amendment #1 describes the ITEM NUMBER: 3 DATE: 04-01-14 Applicant’s responsibility related to the proposed changes in PD-11. Performance Agreement Amendment #1 also includes the Applicant’s proposed plan to repair Los Altos Road from Highway 41 to San Marcos Road. Performance Agreement Amendment #1 is included at Attachment 6. The current Performance Agreement only requires the Applicant to provide financial assurances for the improvements occurring on the City’s portion of the right of way on Los Altos Road, and not in the State Highway right of way. The existing financial assurance amounts to around $17,000 for the currently required improvements. Since financial assurances are used as a guarantee for performance of work and payment of suppliers and workers, the $17,000 amount would not cover the full cost of improvements if the City has to step in and perform the work in the Caltrans right of way. The Applicant is proposing to increase the financial assurance amounts to cover the full cost of the improvements at the intersection. Therefore, City staff and the Applicant have developed the draft Performance Agreement Amendment #1 to require the submission of an engineer’s cost estimate and new financial assurance mechanisms. The applicant has provided the draft plans and an engineer’s cost estimate to the City. The Deputy City Engineer has verified the Applicant’s Engineer’s Cost Estimate. Staff will be presenting the draft performance agreement to Council for approval. 13. California Environmental Quality Act Process Consistent with the requirements of the California Environmental Quality Act (CEQA) an Addendum to the certified 3F Meadows Final Environmental Impact Report (Attachment 8) has been prepared to analyze the potential impacts of the text amendment. The original 3F Meadows EIR identified mitigation measures to reduce all of the potentially significant environmental impacts associated with the 3F Meadows Project to levels of insignificance, and the City certified the 3F Meadows EIR and approved the 3F Meadows Project in February 1995. The purpose of the Addendum is to evaluate proposed minor changes to some of the off-site traffic mitigation measures identified in the original 3F Meadows EIR which were incorporated into the PD-11 zoning district developed for, and applied as, conditions of approval to the 3F Meadows Project. Other than the minor changes to PD-11 discussed and analyzed herein, no other changes or discretionary approvals are proposed to the number, location or development of any residential lots, roads or any other aspects of the 3F Meadows Project. As explained in the attached addendum, it is necessary for the City to modify some of the traffic mitigation measures to: (i) avoid creating new, more severe significant adverse environmental impacts; (ii) ensure road improvements are constructed consistent with, and meet current Caltrans recommendations and standards; and (iii) delete those which are not necessary to address any potentially significant traffic impacts associated with the Project. ITEM NUMBER: 3 DATE: 04-01-14 As demonstrated in this Addendum, no further environmental review beyond this Addendum is necessary due to the fact that the proposed changes to the PD-11 will not result in any new or more severe environmental impacts. Conclusion: The 3-F Meadows / PD-11 project was approved in 1995 with a number of off-site road improvement mitigation measures required on State Route 41. Since the approval, Caltrans has changed its position regarding the types of highway improvements that are needed to mitigate the project’s traffic impacts. Because PD-11 is a fixed standard codified in the Zoning Ordinance, the code needs to be amended to reflect Caltrans’ current highway standards. A detailed traffic report was prepared to ensure the proposed changes are consistent with the original Environmental Impact Report (EIR) and will not impact traffic service levels, or create any unsafe conditions. The traffic report has been reviewed by Caltrans who is in agreement with the traffic report’s recommendations. A complete Addendum to the 1995 EIR has been prepared and concludes the proposed amendments are consistent with the mitigation requirements of the original EIR. By amending the PD-11’s off-site road improvement mitigation measures, the applicant will be able to restart construction of the project and obtain encroachment permits from Caltrans to make the necessary State Route 41 improvements. ALTERNATIVES: 1. The Planning Commission may determine additional information is necessary prior to making a recommendation. The Planning Commission should continue the item and refer it back to staff for additional analysis. 2. The Planning Commission may recommend approval of the amendments with minor changes consistent with the EIR Addendum. 3. The Planning Commission may recommend the City Council deny the proposed amendments. The Planning Commission should make clear findings as the basis of the recommended denial. FISCAL IMPACT Oak Ridge Estates is a private development project that is responsible for funding all on-site and off-site improvements. As the project builds single-family residential houses the City will receive permit fees, Capital Facility Impact Fees, and increased property tax that will be revenue positive to the City. ITEM NUMBER: 3 DATE: 04-01-14 ATTACHMENTS: Binder Tabs are coordinated with Attachment numbers and Exhibit letters: Attachment 1: Project Master Plan Map Attachment 2: March 8, 2010: non-compliance letter to Castlerock Development Attachment 3: Current Planned Development 11 code text Attachment 4: Caltrans Letter Dated March 11, 2014 Attachment 5: Plans for Maintenance of Los Altos Road Attachment 6: Draft Performance Agreement Amendment #1 Attachment 7: W-Trans Collision Review Results Memo, Central Coast Transportation Consulting Attachment 8: Draft Resolution PC 2014-0005: Final Environmental Impact Report Addendum Exhibit A 3F Meadows/Oak Ridge Estates Public Improvement Map Exhibit B March 6, 1995 letter from Engineering Development Associates (Michael Hodge) to Caltrans (Larry Newland) Exhibit C June 15, 2005 letter from Caltrans (Steve Senet) to R. Thompson Consulting (Russ Thompson) Exhibit D November 9, 2010 letter from Caltrans (Steve Senet) to Ogden & Fricks LLP (Roy Odgen) Exhibit E W-Trans’ February 4, 2014 report to City of Atascadero Deputy Public Works Director (David Athey) Exhibit F March 11, 2014 letter from Caltrans (Steve Senet) to City Deputy Public Works Director (David Athey) Exhibit G Proposed amendments to PD-11 showing deletions (in strikeout) and additions (in underline) format Attachment 9: Draft Resolution PC 2014-0006: PD-11 text amendment ITEM NUMBER: 3 DATE: 04-01-14 ATTACHMENT 1: Project Master Plan Map (full size map distributed to Planning Commission) ITEM NUMBER: 3 DATE: 04-01-14 ATTACHMENT 2: March 8, 2010: non-compliance letter to Castlerock Development ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 Attachment 3: Current Zoning Ordinance Planned Development 11 code text 9-3.656 Establishment of Planned Development Overlay Zone No. 11: (PD11). The Planned Development Overlay Zone No. 11 is established as shown on the official zoning maps (Section 9-1.102 of this title). The conditions of development are established: Conditions of Approval. (a) Planning Division. (1) To ensure conformance with the provisions of the PD- 11 Overlay Zone, a master plan of development shall be prepared which satisfies all of the following conditions prior to the recordation of any final document implementing Lot Line Adjustment 94-005. The Master Development Plan shall consist of the one (1) inch equals forty (40) feet plans entitled “Precise Road Alignment/Lot Grading Plan,” amended and supplemented, as required by these conditions. (2) A Mitigation Monitoring Program, prepared in conformance with the Mitigation Monitoring Plan contained in the final EIR for this project, shall be prepared and implemented prior to the commence- ment of any construction. Preparation of the Mitigation Monitoring Program shall be the financial responsibility of the applicant. (3) The applicant shall demonstrate, to the satisfaction of the City Attorney, that adequate title and/or interest has been obtained for the existing Colony rights-of-way within the project boundary prior to approval of the Master Development Plan. (4) The Master Development Plan shall show the location of building envelopes, leach field areas, and driveways for lots whose average slope exceeds thirty percent (30%). The building, leach field and driveway locations shall be subject to the review and approval of the Community Development Director. (5) Open space easements to provide wildlife corridors shall be provided in conformance with the recommendations of the Final EIR. Limits on fencing and other detrimental uses within easement areas shall be restricted by the project CC and R’s. The location of the easements and CC and R restrictions shall be subject to the review and approval of the Community Development Director. ITEM NUMBER: 3 DATE: 04-01-14 (6) The “Open Space” lots (Lots A, B and C) as shown on Exhibit B shall be offered for dedication to the City. (7) Road Abandonment 94-001 shall be completed and all necessary documents shall be recorded prior to, or simultaneously with the recordation of any final document(s) implementing LLA 94-005. (8) Retaining walls shall be used wherever feasible to reduce the amount of grading necessary for the construction of roads and homes. Grading plans shall be reviewed by the City Engineer and Community Development Director to ensure that proposed grading does not exceed that necessary to develop the site. (9) Road maintenance agreements, in a form approved by the City Attorney, shall be prepared and recorded for each group of lots which share a driveway or other common access. The agreements may be made a part of the CC and R’s, or may be recorded as deed restrictions, or may be recorded as separate road maintenance agreements. (10) The applicant shall prepare a Comprehensive Restoration Plan (CRP) as part of the road improvement plans. The CRP shall be prepared by a qualified professional and shall address plant lists, planting methods (to include slope preparation, mulching and slope protection), and a maintenance program, including weed control and irrigation. The CRP shall be reviewed and approved by the City Engineer and Community Development Director prior to the issuance of permits for road construction. (11) The lot line adjustment shall not result in the establishment of any greater number of lots that are nonconforming due to lot size than currently exists. The lot line adjustment shall not result in the establishment of any lot which is smaller than the smallest currently existing Colony lot within the subject site. (b) Fire Department. (1) Water Supply. (i) Prior to final occupancy release by the City, the minimum required fire flow shall be one thousand (1000) gallons per minute at twenty (20) psi residual pressure for a one- hundred-twenty (120) minute duration in residential development, or as approved by the Fire Chief. The required fire flow will increase, as provided in UFC Appendix III-A, based on square feet of residential construction, with a fifty percent (50%) fire flow credit for automatic sprinkler systems. Verification must be provided from water company or fire department records in established areas or by a proof of design ITEM NUMBER: 3 DATE: 04-01-14 test at the completion of new on-site water main construction. Homes designated strictly as model homes and/or sales offices, but with no residential occupancy, shall be granted exemption from the required fire flow as approved by the Fire Chief. (ii) Underground fire service mains and appurtenances shall conform to NFPA 24 minimum standard and plans are reviewed by the Fire Department prior to installation. The underground main size shall be a minimum of eight (8) inch diameter. If combustible building materials are used, a temporary onsite water tank with an approved Fire Department connection shall be installed prior to any stockpiling or installing any combustible materials. (iii) Fire Hydrants. The minimum number and distribution of fire hydrants is one (1) hydrant every five hundred (500) feet as provided in UFC Appendix III-B. The fire hydrant will be Atascadero Mutual Water Company specification with one four and one-half (4½) inch and one or more two and one-half (2½) inch outlets. Existing hydrants may be adequate, provided they consist of a minimum of one four and one-half (4½) inch and one two and one-half (2½) inch outlet. New hydrant color will be Safety Yellow for public right-of-way and Safety Red for private right-of-way. All hydrants in the public right-of-way to have “Blue Dot” highway reflector installed on the adjacent street of driveway to clearly identify the fire hydrant location. (iv) The dwellings shall be equipped with a residential automatic fire sprinkler system. The sprinkler system will be designed and installed according to NFPA Pamphlet No. 1 3D. The fire department requires a minimum one (1) inch water meter for residential sprinkler systems. (2) Fire Apparatus Access. (i) If combustible construction materials are used, all required public access roadways shall be completed to a minimum width of twenty (20) feet, or as described in subsections (a.) and (b.) below, capable of supporting forty thousand (40,000) pounds, with an all-weather surface, to within one hundred fifty (150) feet of all stockpiles and all sides of buildings with combustible construction. The access roadways to be posted “No Stopping/Fire Lane” and shall not be used for the storage of materials. Proposed private roads, driveways or extensions of existing roads shall be designed and constructed as follows: a. Single-family residential access road. A vehicular access to more than one parcel or vehicular access to a single parcel with more than two (2) buildings or more than three (3) dwelling units shall be twelve (12) feet width for one-way traffic and sixteen (16) feet width for two-way traffic. The ITEM NUMBER: 3 DATE: 04-01-14 road shall also provide for a ten (10) foot fuel modification area on each side. b. Driveway. A vehicular access to a single parcel with one (1) or two (2) buildings, having no more than three (3) dwelling units on a single parcel and any number of accessory buildings. Length Required Width 0—49 feet 12 feet 50—99 feet 14 feet Greater than 200 feet 16 feet (Note 1 and Note 2) NOTE: 1. For driveways exceeding three hundred (300) feet, turnaround shall be provided at the building site and must be within fifty (50) feet of the dwelling. 2. For driveway exceeding eight hundred (800) feet, a turnout shall be provided at the midpoint or every four hundred (400) feet. (ii) Fire apparatus access roads shall have an unobstructed vertical clearance of not less than thirteen (13) feet and six (6) inches. Driveways shall have not less than fifteen (15) feet of vertical clearance. (iii) Fire apparatus access roads and driveways shall be designed and maintained to support the imposed loads of forty thousand (40,000) pounds at twenty-five (25) miles per hour, and shall be provided with a surface so as to provide all-weather driving capabilities. (iv) The turning radius of a fire apparatus access road shall have a horizontal inside radius curvature of not less than twenty-eight (28) feet inside radius and forty-eight (48) feet outside radius. (v) All dead-end fire apparatus access roads in excess of one hundred fifty (150) feet in length shall be provided with approved provisions for turning around of fire apparatus. The bulb or cul-de-sac radius shall not be less than forty (40) feet. The hammer-head T shall extend a minimum of thirty (30) feet to each side of the centerline of the entry road and be eighteen (18) feet wide. The turnaround shall extend forty (40) feet from the entry road and be a minimum of eighteen (18) feet wide. Where parcels are zoned five (5) acres or larger, turnarounds shall be provided at intervals of approximately one thousand three hundred twenty (1,320) feet, or as approved by the Fire Chief. Each dead-end road shall have a turnaround constructed at its terminus. ITEM NUMBER: 3 DATE: 04-01-14 (vi) The minimum level of improvement is determined by the grade of the access road or driveway providing access from the road to the building site or parking area as follows (UFC 10.204): Surface Minimum Grade All-Weather Less than 12 percent Nonskid (Note 1) 12 percent to 16 percent Nonskid (Note 2) Over 16 percent Note 1. Surface shall be asphalt or concrete in the City of Atascadero Engineering Standard Specifications and Drawings including a nonskid finish (brushed concrete or equivalent pavement). Note 2. A driveway/access road that would provide a grade greater than sixteen percent (16%) and less than twenty percent (20%) and is designed by a Registered Civil Engineer may be considered on a case-by-case basis by the Fire Chief. (vii) The maximum length of dead-end road, including all dead-end roads accessed from the dead-end roads, shall use the following cumulative lengths as a guideline for approval by the Fire Chief, regardless of the number of parcels served: Parcels less than 1 acre 800 feet Parcels 1 ac. to 4.66 ac. 1320 feet Parcels 5 ac. to 19.99 ac. 2640 feet Parcels 20 + ac. 5290 feet All lengths shall be measured from the edge of the roadway surface at the intersection that begins from the road to the end of the dead-end road surface at its farthest point. Where a dead-end road crosses areas of differing zones, the shortest allowable length shall apply. (3) Fuel Management. All parcels shall comply with the fire department’s wildland fuel management program. The hazardous vegetation that the program is concerned with is seasonal and recurrent in nature. Therefore, the operation of the program is planned on a continuous annual basis. (c) Engineering Division. (1) Road Improvements—General. ITEM NUMBER: 3 DATE: 04-01-14 (i) All road improvements shall be constructed in accordance with the City Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. (ii) An encroachment permit shall be obtained from the City Engineering Department prior to the start of construction. The applicant shall enter into a Plan Check/Inspection agreement with the City. (iii) Road improvement plans prepared by a registered civil engineer shall be submitted for review and approval by the City Engineer prior to approval of the Master Development Plan. Road improvement plans shall conform to the requirements of the City Standard Specifications, Section 2—Preparation of Plans. R-value testing shall be done, and pavement sections designed by a registered civil engineer to the satisfaction of the City Engineer. (2) Road Improvements—On-Site. (i) The following roads shall be fully improved to a Rural Hillside Collection Section (City Std. 404), or as approved by the City Engineer prior to the issuance of building permits. The structural section shall be based on a T.I. = 5.0. b. San Marcos Road from the project boundary to the intersection of Cenegal Road (prior to Phase I); a. Cenegal Road from the project boundary to the intersection of San Marcos Road (prior to Phase II); (ii) All other roads within the project boundary shall be fully improved to a Rural Hillside Local Section (City Std. 402), or as approved by the City Engineer prior to the issuance of building permits. The structural section shall be based on a T.I. = 4.0. (iii) The minimum right-of-way width for all on-site roads shall be fifty (50) feet. (iv) All cul-de-sacs shall meet the requirements of City Standard 415, Typical Cul-de-Sac for rural areas with an unobstructed turning radius of forty (40) feet and a paved radius of thirty-four (34) feet, or as approved by the City Fire Marshal. Areas not paved within the forty (40) foot unobstructed turning radius shall be designed and maintained to support imposed loads of forty thousand (40,000) pounds at twenty-five (25) miles per hour and shall be provided with a surface which provides for all weather driving capabilities. (v) Slope easements shall be provided on each side of the right-of-way as needed to accommodate cut slopes, fill slopes and/or retaining structures. (vi) Curve widening shall be constructed on all on-site roads in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. ITEM NUMBER: 3 DATE: 04-01-14 (vii) On-site road alignments shall be designed such that all existing streets, roads and alleys outside the project boundary, which intersect the project boundary, are provided with, and capable of obtaining, access from the on-site roads. Road alignments outside the project boundary, which intersect the project boundary, shall be clearly shown on the improvement plans. (viii) The applicant shall install all necessary street name and traffic signs as well as all necessary traffic striping and markings as required by the City Engineer. (ix) The applicant shall offer to dedicate all road rights-of-way for on-site roads to the City. The irrevocable offer of dedication shall be filed prior to, or simultaneously with, the recordation of any final document implementing Lot Line Adjustment 94-005. (3) Road Improvements—Off-Site. (i) Curve widening shall be constructed on Los Altos Road from Highway 41 to San Marcos Road where curve radii is less than two hundred (200) feet. Curve widening shall be constructed in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. Plans for the curve widening shall be submitted for review and approval by the City Engineer prior to the approval of the Master Development Plan. The curve widening on Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty- seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. (ii) A “Stop” sign and stop bar shall be constructed at the intersection of Los Altos Road and San Marcos Road and shall be constructed with the development of Phase 1 of the project and prior to the issuance of building permits. (iii) San Marcos Road between Los Altos Road and the project boundary shall be improved preparatory to acceptance of this portion of road into the City maintained system. Curve widening shall be constructed where curve radii is less than two hundred (200) feet. Curve widening shall be constructed in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. Improvement plans for the curve widening shall be submitted for review and approval by the City Engineer prior to approval of the Master Development Plan. San Marcos Road between Los Altos Road and the project boundary shall be improved prior to the development of Phase 1 of the project and prior to the issuance of building permits. ITEM NUMBER: 3 DATE: 04-01-14 (iv) The applicant shall enter into a maintenance agreement with the City for the portion of San Marcos Road between Los Altos Road and the project boundary. The agreement shall guarantee that damage to the road which results from construction traffic generated by the development of the project is properly repaired. The agreement shall be reviewed and approved by the City Engineer and the City Attorney. The agreement shall remain in-force throughout construction of Phase 1 and Phase 2 of the project. A maintenance security in a form acceptable to the City Attorney and the City Engineer shall be posted for the portion of San Marcos Road between Los Altos Road and the project boundary. The maintenance security shall remain effective until final acceptance of both Phase 1 and Phase 2 of the project. (v) Left-turn lanes shall be constructed on State Highway 41 for eastbound traffic entering both Los Altos Road and the driveway serving Lots 109-112. Improvement plans for the left-turn lanes shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The left-turn lanes for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty- seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The left-turn lanes for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112. (vi) Vehicle refuge lanes shall be constructed for vehicles turning left onto State Highway 41 from both Los Altos Road and the driveway serving Lots 109-112. Improvement plans for the refuge lanes shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The vehicle refuge lane for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty- seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The vehicle refuge lane for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112. (vii) The improvements required to achieve a minimum of five hundred fifty (550) feet of sight distance shall be constructed at the intersection of Los Altos Road and State Highway 41 and at the intersection of the driveway serving Lots 109-112 and State Highway 41. Improvement plans for the site Bold section subject of proposed amendment ITEM NUMBER: 3 DATE: 04-01-14 distance improvements shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The site distance improvements for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty-seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The site distance improvements for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112. (viii) Advisory and warning signage shall be installed along State Highway 41 to advise drivers of the approaching intersection with Los Altos Road and the driveway serving Lots 109-112. Signage shall be installed which indicates a left-turn lane ahead. Improvement plans for the signage improvements shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The signage improvements for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty- seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The signage improvements for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112. (ix) Designated right-turn lanes shall be constructed on State Highway 41 for westbound traffic entering both Los Altos Road and the driveway serving Lots 109-112. Improvement plans for the right-turn lanes shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The right-turn lane for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches five hundred (500) vehicles per day, with the development of the twenty- seventh lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The right-turn lane for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112. (x) Curve widening shall be constructed on the following roads where curve radii is less than two hundred (200) feet. Curve widening shall be constructed in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. Plans for the curve widening shall be submitted for review and approval by the City Engineer prior to the approval of the Master Development Plan. ITEM NUMBER: 3 DATE: 04-01-14 a. Laurel Avenue from Santa Lucia Road to Cenegal Road. b. Cenegal Road from Laurel Avenue to the project boundary. The curve widening shall be constructed when the ADT on Laurel Avenue reaches five hundred (500) vehicles per day, with the development of the thirty-eighth lot in Phase 2, or within three (3) years of the issuance of building permits for Phase 2, whichever is earlier. (xi) A three-foot wide Class II base or other all weather surface walkway shall be provided along one side Cenegal Road from the project boundary to Laurel Avenue and along Laurel Avenue from Cenegal Road to Santa Lucia Road, or as approved by the City Engineer. Improvement plans for the walkways shall be submitted for review and approval by the City Engineer and Community Development Director prior to approval of the Master Development Plan. The three-foot-wide pedestrian walkway shall be constructed when the ADT on Laurel Avenue reaches five hundred (500) vehicles per day, with the development of the thirty- eighth lot in Phase 2, or within three (3) years of the issuance of building permits for Phase 2, whichever is earlier. (4) Drainage. (i) All drainage improvements shall be constructed in accordance with the City Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. (ii) A grading and drainage plan for each lot, prepared by a registered civil engineer, shall be submitted for review and approval by the City Engineer prior to the issuance of building permits. A registered civil engineer shall provide a written statement that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC). (iii) An erosion control plan addressing interim erosion control measures to be used during the construction shall be submitted for review and approval by the City Engineer. Erosion control measures shall be in-place between October 1st and April 1st. Prior to issuance of Grading Permits, and if required under the Clean Water Act (CWA), the applicant shall obtain the necessary permits in compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES). (5) Utilities. (i) All relocation and/or alteration of existing utilities shall be the responsibility of the applicant. (ii) The applicant shall submit a composite utility plan signed and approved by a representative for each public utility company along with the improvement plans. ITEM NUMBER: 3 DATE: 04-01-14 (iii) The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Fire hydrants shall be installed at locations as required by the City Fire Marshal. Utilities shall be extended to the property line frontage of each parcel or its public utility easement. (iv) Any utility trenching in existing streets shall be overlayed to restore a smooth riding surface to the satisfaction of the City Engineer. (6) General. (i) A Preliminary Soils Report shall be prepared for the property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all grading was inspected and approved and that all work done is in accordance with the plans and the preliminary report. (ii) All improvements shall be covered with a one hundred percent (100%) Performance Guarantee and a fifty percent (50%) Labor and Materials Guarantee until the improvements are deemed substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees mentioned in this condition are released, a ten (10) percent Maintenance Guarantee shall be posted to cover the improvements for a period of one year from the date of the final inspection. The guarantee amounts shall be based on an engineer’s estimate submitted by the project engineer and approved by the City Engineer. The guarantees posted for this project shall be approved by the City Attorney. (iii) A mylar copy and a blue line print of as-built improvement plans, signed by the registered engineer who prepared the plans, shall be provided to the City Engineer prior to the final inspection. (iv) The applicant shall acquire title or 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. (v) All improvements shall be completed or bonded for prior to the approval of the Master Development Plan. If the improvements are to be bonded, the applicant shall enter into a Performance Agreement with the City. The form and content of the Performance Agreement shall be reviewed and approved by the City Engineer and City Attorney. (Ord. 409 § 3, 2003; Ord. 286 § 3 Exh. C, 1995) ITEM NUMBER: 3 DATE: 04-01-14 ATTACHMENT 4: Caltrans Letter Dated March 11, 2014 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ATTACHMENT 5: Plans for Maintenance of Los Altos Road ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ATTACHMENT 6: Draft Performance Agreement Amendment #1 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ATTACHMENT 7: W-Trans 2/4/14 Memo: response to Central Coast Transportation Consulting ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 Attachment 8: Draft Resolution PC 2014-0005: Final Environmental Impact Report Addendum DRAFT RESOLUTION NO. PC 2014-0005 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE THE ADDENDUM TO THE PREVIOUSLY- CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR THE 3F MEADOWS PROJECT AND DETERMINE THAT SAID ADDENDUM, TOGETHER WITH THE PREVIOUSLY-CERTIFIED ENVIRONMENTAL IMPACT REPORT, SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED AMENDMENTS TO THE PLANNED DEVELOPMENT 11 ZONING CODE SECTION 9-3.656 Oak Ridge Estates / 3F Meadows (Castlerock Development / KM Holdings) The Planning Commission hereby finds and declares as follows: WHEREAS, an application has been received from K&M Holdings, 445 Green Gate Road, San Luis Obispo, California 93401, (Applicant), to consider an amendment to Section 9- 3.656 (PD-11) of the Atascadero Zoning Ordinance pertaining to the off-site road improvement requirements for the 3-F Meadows / Oak Ridge Estates housing development; and, WHEREAS, in conjunction with the approval of the 3F Meadows development project in February 1995, which entailed a lot line adjustment (LLA 94005), a zone change (ZC 94-001) which created the Planned Development Overlay Zone No. 11 (“PD-11”), and a colony road abandonment (RA 94-001) (herein referred to as the “Project”), the City Council of the City of Atascadero, on February 28, 1995, certified the 3F Meadows Final Environmental Impact Report (State Clearinghouse No. 94061014) (herein referred to as the “3F Meadows EIR”), adopted a Statement of Findings and Facts and adopted a Mitigation Monitoring Program in compliance with the California Environmental Quality Act (herein referred to as "CEQA"); and WHEREAS, in an effort to design and facilitate the construction of the off-site road improvements required by the 3F Meadows EIR and PD-11 for the Project, the original and current Project developers have met and conferred with the City and the California Department of Transportation (“Caltrans”) off and on since the City approved the Project, and based on those efforts Caltrans has recommended, and the City is considering modifications to several of the PD-11 conditions requiring the construction of various off-site road improvements; and ITEM NUMBER: 3 DATE: 04-01-14 WHEREAS, prior to holding any hearings and bringing any proposed modifications to PD-11 before the Planning Commission and City Council, City staff retained an independent traffic engineer, Whitlock & Weinberger Transportation, Inc. (“W-Trans”), to study and analyze the potential impacts associated with the Project at the intersection of State Route 41 and Los Altos Road and the intersection of State Route 41 and the access driveway to Project lots 109- 112; and WHEREAS, W-Trans provided the City with a detailed report and traffic evaluation dated February 4, 2014 which provided substantial analysis and evidence in support of conclusions that: (1) only two collisions were reported at SR41/Los Altos Road for the five-year study period which is less than expected for similar facilities; (2) under existing Conditions, the intersection of SR41/Los Altos Road operates at acceptable levels of service during both the a.m. and p.m. peak hours, and that continued acceptable operation is expected upon adding Project- generated traffic; (3) SR41/Los Altos Road would continue to operate at acceptable levels of service during both the a.m. and p.m. peak hours under Year 2035 Future conditions with and without the addition of Project-generated traffic; (4) because the southbound Los Altos Road approach to SR41 would operate at an acceptable Level of Service C with the additional 101 residential units associated with the Project and other undeveloped lots in the traffic shed, no additional improvements such as a left-turn refuge/acceleration lane are warranted to address intersection level of service; (5) at SR41/Los Altos Road, a westbound right-turn taper is warranted under the Existing plus Project and Future plus Project conditions; (6) Under Future plus Project conditions, a right-turn lane would be warranted on SR 41 at Los Altos Road if 112 additional units were developed beyond the 101 residential units associated with the Project and other undeveloped lots in the traffic shed; and (7) at SR 41 and the driveway access to lots 109- 112, future traffic volumes and build-out of the lots do not warrant the need for either a left-turn lane, right-turn lane, right-turn taper or left-turn refuge/acceleration lane (hereinafter “W-Trans Report”); and, WHEREAS, based on the W-Trans Report City staff prepared draft language amending several of the PD-11 conditions requiring the construction of various off-site road improvements and provided those draft PD-11 amendments and the W-Trans Report to Caltrans and has met and conferred with Caltrans to ensure that Caltrans had no objections to City staff’s proposed amendments to PD-11; and WHEREAS, in its letter dated March 11, 2014, Caltrans indicated that it reviewed all of the information provided by the City, that it has no objections to the City’s proposed revisions to PD-11’s off-site road improvement conditions and that Caltrans looks forward to cooperating with the City and Castlerock in constructing the modified off-site road improvements; and, WHEREAS, to assess potential environmental impacts associated with the proposed modifications to PD-11 relative to the 3F Meadows EIR, City staff prepared an addendum to the 3F Meadows EIR pursuant to CEQA (herein referred to as “Addendum”); and WHEREAS, the Addendum concluded that the proposed changes to PD-11 would not result in any new or substantially more severe impacts than disclosed in the 3F Meadows EIR; and ITEM NUMBER: 3 DATE: 04-01-14 WHEREAS, Section 21000, et seq., of the Public Recourses Code and Section 15000, et seq., of Title 14 of the California Code of Regulations (herein referred to as the “CEQA Guidelines”), which govern the preparation, content, and processing of environmental impact reports, have been fully implemented in the preparation of the 3F Meadows EIR and Addendum; and WHEREAS, pursuant to California State Law and the City of Atascadero Municipal Code, public hearing notices were mailed to all property owners within a one thousand (1,000) foot radius of the Project site and a public hearing notice was published 10 days prior to the first public hearing in the Atascadero News; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero, based upon a thorough review of the proposed amendments to PD-11, the Addendum and the 3F Meadows EIR, and the evidence received to date, makes the following findings, determinations and recommendations with respect to the Addendum to the 3F Meadows EIR: 1. The Planning Commission has independently reviewed, analyzed and considered the 3F Meadows EIR and Addendum and all written documentation and public comments prior to making recommendations on the proposed modifications to PD-11; and 2. The Addendum to the 3F Meadows EIR was prepared and reviewed in compliance with the provisions of CEQA and the CEQA Guidelines; and 3. The information and analysis contained in the Addendum, which is attached hereto as Exhibit A, reflects the City’s independent judgment as to the environmental consequences of the proposed modifications to PD-11; and 4. That, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum, none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred; specifically: a. There have not been any substantial changes in the Project that require major revisions of the 3F Meadows EIR because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; b. There have not been any substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions of the 3F Meadows EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and c. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the 3F Meadows EIR was certified, that shows any of the following: (a) the Project will have one or ITEM NUMBER: 3 DATE: 04-01-14 more significant effects not discussed in the 3F Meadows EIR; (b) significant effects previously examined will be substantially more severe than shown in the 3F Meadows EIR; (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the 3F Meadows EIR would substantially reduce one or more significant effects on the environment, but the Project proponents decline to adopt the mitigation measure or alternative. BE IT FURTHER RESOLVED that, pursuant to the above findings, the Planning Commission determines that the previously-certified 3F Meadows EIR, together with the Addendum, are adequate to serve as the required environmental documentation for the proposed amendments to PD-11 and hereby recommends that the City Council approve and adopt the Addendum as attached as Exhibit A; and BE IT FURTHER RESOLVED that the documents and other materials, including without limitation staff reports, memoranda, maps, letters and minutes of all relevant meetings, which constitute the administrative record of proceedings upon which the Planning Commission’s resolution is based are located at the City of Atascadero, City Clerk, 6500 Palma Avenue, Atascadero, CA 93422. The custodian of records is the City Clerk. On motion by Planning Commission Member ______________ and seconded by Planning Commission Member _________________, the foregoing Resolution is hereby adopted on this 1st day of April, 2014, in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By:______________________________ Dennis Schmidt, Chairperson City of Atascadero Planning Commission ATTEST: ______________________________ Warren Frace Community Development Director City of Atascadero Secretary ITEM NUMBER: 3 DATE: 04-01-14 EXHIBIT A: Addendum to 3F Meadows Environmental Impact Report City of Atascadero Addendum to 3F MEADOWS Environmental Impact Report March 21, 2014 Prepared by: City of Atascadero Planning Department 6500 Palma Avenue Atascadero, CA 93422 ITEM NUMBER: 3 DATE: 04-01-14 I. INTRODUCTION This memorandum, prepared pursuant to the California Environmental Quality Act (“CEQA”), is an Addendum to the certified 3F Meadows Final Environmental Impact Report, State Clearinghouse Number 94061014 (“3F Meadows EIR”). The 3F Meadows EIR analyzed the potential impacts of the 3F Meadows Ranch development project, which entailed a lot line adjustment (LLA 94005), a zone change (ZC 94-001) which created the Planned Development Overlay Zone No. 11 (“PD-11”), and a colony road abandonment (RA 94-001) to provide for a comprehensive reconfiguration and development of the existing 115-lot colony residential subdivision into 111 residential parcels, a water tank parcel and three open space lots on an 800+ acre site in the City of Atascadero to address access issues, create larger parcels of open space and relocate and develop residential lots into more compact areas of the site to minimize environmental impacts (“3F Meadows Ranch Project” or “Project”). The 3F Meadows EIR identified mitigation measures to reduce all of the potentially significant environmental impacts associated with the 3F Meadows Ranch Project to levels of insignificance, and the City certified the 3F Meadows EIR and approved the 3F Meadows Ranch Project in February 1995. The purpose of this Addendum is to evaluate proposed minor changes to some of the off-site traffic mitigation measures identified in the original 3F Meadows EIR, which were incorporated into the PD-11 zoning district1 developed for and applied as conditions of approval to the 3F Meadows Ranch Project. Other than the minor changes to PD-11 discussed and analyzed herein, no other changes or discretionary approvals are proposed for or to the number, location or development of any residential lots, roads or any other aspects of the 3F Meadows Ranch Project. As explained below, it is necessary for the City to modify some of the traffic mitigation measures to: (i) avoid creating new, more severe significant adverse environmental impacts; (ii) ensure road improvements are constructed consistent with and meet current Caltrans recommendations and standards; and (iii) delete those which are not necessary to address any potentially significant traffic impacts associated with the Project. As demonstrated in this Addendum, no further environmental review beyond this Addendum is necessary due to the fact that the proposed changes to the PD-11 will not result in any new or more severe environmental impacts. II. BACKGROUND While the City certified the 3F Meadows EIR and approved the 3F Meadows Ranch Project in 1995, residential construction on the Project site did not begin in earnest until after the Project was acquired by Castlerock Development (“Castlerock”) in 2003. The original project applicant/developer was the Davis Family Trust. Castlerock continues to own and develop the Project2 today. To date, Castlerock has applied for residential building permits for 31 of the 34 Phase 1 lots.3 In response to those 31 applications the City has issued 26 building permits and 1 PD-11 is located in the City of Atascadero Municipal Code, Title 9 (Planning And Zoning), Chapter 3 (Zoning Districts), Article 28 (PD (Planned Development) Overlay Zone), Section 9-3.656 (Establishment of Planned Development Overlay Zone No. 11). The Municipal Code is available online at: http://qcode.us/codes/atascadero/ 2 The Project is now commonly referred to as Oak Ridge Estates, but for purposes of this Addendum will continue to be referred to as the “3F Meadows Ranch Project” or just “Project” for consistency. 3 The 3 remaining Phase 1 lots include two residential parcels (lots 9 and 80) and one AMWC water tank parcel (lot 11). ITEM NUMBER: 3 DATE: 04-01-14 construction has been completed and the permits finaled on 25 of them. The 3F Meadows/Oak Ridge Estates Public Improvement Map attached hereto as Exhibit A depicts the Project site, the four (4) phases of planned development and the current status of the development of the residential lots in phase 1. As a result of the economic downturn, however, construction on the Project has been very limited since 2006. The City issued the first building permit in early 2004 and the last building permit in the summer of 2007. Then, in March of 2010, the City informed Castlerock that it could not issue any additional building permits for new residential dwellings until certain off-site road improvements required by PD-11 were constructed. All of the off-site road improvements the City demanded be constructed before it would issue any further building permits involved road improvements at or near the intersection of State Route 41 and Los Altos Road (“SR 41/Los Altos”). These improvements stemmed from comments the California Department of Transportation (“Caltrans”) provided on the original 3F Meadows EIR. Indeed, the 3F Meadows EIR included a “Traffic Safety” section which established mitigation measures to address various potential traffic safety impacts, including potential traffic safety impacts at SR 41/Los Altos.4 Most notably, Caltrans requested and the final 3F Meadows EIR required a new right-turn lane for westbound traffic on State Route 41 approaching SR 41/Los Altos, as well as a new “refuge lane” for eastbound traffic entering SR 41 from Los Altos Road. As noted above, the City then incorporated those mitigation measures into PD-11 and applied them as conditions of approval to the 3F Meadows Ranch Project. PD-11’s conditions of approval also included these measures as required road improvements at a second location, the intersection of SR 41 and the access driveway to Project lots 109-112. The fact that not all of the off-site road improvements required by PD-11 have been constructed is not the result of a lack of effort on the part of the City or the former and current Project developers. Indeed, the original Project applicant/developer began discussions with Caltrans soon after the City approved the Project to discuss designs for the off-site road improvements required by PD-11. (See March 1995 correspondence between Engineering Development Associates and Caltrans attached hereto as Exhibit B.) After acquiring the Project, Castlerock continued those discussions with Caltrans regarding the scope of the necessary off-site road improvements and even submitted proposed SR41/Los Altos improvement plans as part of a preliminary encroachment permit application review process in 2005. In response, Caltrans indicated that it had changed its position with respect to the right-turn lane it previously requested for westbound traffic on State Route 41 approaching Los Altos road. In the June 15, 2005 letter from Caltrans’ permit Engineer attached hereto as Exhibit C, Caltrans indicated that it would no longer require or accept the right-turn channelization because constructing a new right-turn lane at that location would require extensive realignment of an adjacent creek that would create additional adverse environmental impacts and right of way constraints. Understandably, and in an effort to avoid any such new, unintended environmental impacts, 4The 3F Meadows EIR limited its analysis of transportation impacts to generalized traffic safety impacts because no formal peak hour trip review or intersection level of service analyses were prepared as is typical today. In other words, the 3F Meadows EIR did not identify whether vehicle delay or queuing would actually increase to unacceptable levels at any off-site intersections or roadway segments as a result of the addition of Project-related traffic and thus limited its identification of potential impacts and imposition of mitigation measures to address general traffic safety concerns associated with average daily traffic estimates. ITEM NUMBER: 3 DATE: 04-01-14 Caltrans indicated that the SR41/Los Altos intersection should instead be improved to meet the requirements of the “standard public road approach intersection,” which would require a less intrusive right-turn taper (limited extension of paved shoulder) instead of a new, full right-turn lane.5 In 2010 Caltrans confirmed that its position had not changed, stating that so long as no changes were approved to increase the number of vehicle trips generated by the Project upgrading the SR41/Los Altos intersection to the standard road approach intersection as shown in Figure 405.7 of the Caltrans Highway Design Manual would provide a satisfactory design to accommodate vehicles turning right onto Los Altos Road. (See November 9, 2010 Caltrans letter attached hereto as Exhibit D.) Before taking any action to modify the off-site road improvement requirements contained in PD- 11 to make them consistent with Caltrans’ updated position, City staff retained an independent traffic engineer, Whitlock & Weinberger Transportation, Inc. (“W-Trans”), to analyze potential traffic impacts based on current data. Specifically, the City asked W-Trans to determine whether eliminating PD-11’s right-turn lane requirement at SR41/Los Altos would result in a new or more severe traffic impact as well as to analyze whether the Project-generated vehicle trips might result in any other potential traffic impacts at either the intersection of State Route 41 and Los Altos Road or the intersection of State Route 41 and the access driveway to Project lots 109-112. W-Trans collected traffic volume count data on August 28, 2013, and presented its analysis and conservative evaluation of the impacts associated with Project-related traffic on those two intersections under existing, existing plus project, future and future plus project conditions in a report to the City dated February 4, 2014. (W-Trans’ February 4, 2014 report is attached hereto as Exhibit E.) W-Trans’ analysis was conservative because it not only analyzed the impact of the vehicle trips associated with the Project’s 82 undeveloped lots, but also included traffic from the 4 secondary units anticipated to be built within the Project area in the next 20 years and from the 15 undeveloped lots that lie outside the Project site but within the same traffic shed. Based on W-Trans’ report, City staff prepared proposed modifications to PD-11 to account for the current data and analysis of the Project’s potential traffic impacts at the intersections of State Route 41 and Los Altos Road and the intersection of State Route 41 and the access driveway to Project lots 109-112 and once again consulted with Caltrans. In a letter dated March 11, 2014, Caltrans indicated that it did not have any objections to the City’s proposed modifications to the off-site road improvement requirements contained in PD-11 and indicated its desire to cooperate with the City and Castlerock in constructing the modified off-site road improvements. (Caltrans’ March 11, 2014 letter is attached hereto as Exhibit F.) III. PROPOSED CHANGES TO PD-11 A copy of the existing text of Municipal Code section 9-3.656 containing the PD-11 overlay zone regulations is attached hereto as Exhibit G, which clearly shows all of the proposed changes/modified text developed by City staff and approved by Caltrans in strikeout (deletions) and underline (additions) format. Specifically, the changes are limited to the off-site road improvements managed by the City’s Engineering Division in subsection (c)(3) and the key aspects of the proposed changes are summarized as follows: 5 See Chapter 405.7 Public Road Intersections and related Figure 405.7 from Caltrans’ Highway Design Manual found here http://www.dot.ca.gov/hq/oppd/hdm/pdf/english/chp0400.pdf ITEM NUMBER: 3 DATE: 04-01-14 9-3.656(c)(3)(v) Original condition requiring new left- turn lanes for eastbound traffic on SR 41 at intersections with Los Altos Road and driveway serving lots 109-112. Modification proposes: (1) minor text amendments to acknowledge and address the fact that one of the required left-turn lanes has already been constructed but may need further refinements to comply with current Caltrans standards; and (2) revised timing requirements for construction of new left-turn lane on SR 41 to account for the fact that the left-turn lane from eastbound SR 41 already exists for eastbound traffic entering Los Altos Road and to ensure no building permits are issued for Project lots 109-112 before the new left-turn lane improvement is constructed for eastbound SR41 traffic entering the driveway access for Project lots 109-112, if required by Caltrans. 9-3.656(c)(3)(vi) Original condition requiring vehicle refuge lanes Modification proposes to: (1) delete the requirement to construct vehicle refuge lanes; (2) create a new condition requiring that the existing residential driveway approach to SR 41 serving lots 109- 112 be improved to current Caltrans Design Standards; and (3) create timing requirement for construction of improvements to bring driveway approach to SR 41 serving lots 109-112 to current Caltrans Design Standards to ensure no building permits are issued for lots 109-112 before this improvement is constructed. 9-3.656(c)(3)(vii) Original condition requiring sight distance improvements Modification proposes: (1) enhanced sight distance clearance to ensure compliance with most current Caltrans standards; and (2) revised timing requirements for interim/final sight distance improvements. 9-3.656(c)(3)(viii) Original condition requiring advisory/warning signage on SR 41 Modification proposes: (1) enhanced advisory/warning signage to ensure compliance with most current Caltrans standards; and (2) revised timing requirements for interim/final advisory/warning signage. 9-3.656(c)(3)(ix) Original condition requiring right-turn lanes for westbound traffic on SR 41 at intersections with Los Altos Road and driveway serving Project lots 109-112. Modification proposes: (1) right-turn taper (in lieu of full dedicated right-turn lane) on SR 41 for westbound traffic entering Los Altos Road; (2) deletion of right-turn lane requirement on SR 41 for westbound traffic entering driveway serving Project lots 109-112; and (3) revised timing requirement for construction of ITEM NUMBER: 3 DATE: 04-01-14 right-turn taper to ensure improvement is constructed well before it is warranted. As discussed and demonstrated below, the proposed changes to PD-11 are minor in nature in that they do not result in any new significant adverse environmental impacts or an increase in the severity of impacts already identified in the 3F Meadows EIR. Rather, the modifications avoid the creation of a new significant adverse impact and generally provide updates to modernize and ensure the required improvements are built to current Caltrans Design Standards. IV. ENVIRONMENTAL ASSESSMENT A. Applicable Legal Standards This Addendum is prepared pursuant to CEQA Guidelines section 15164, which states: “The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.” CEQA Guidelines section 15162(a) echoes and implements the CEQA statutory provision contained in Public Resources Code section 21166 in that it specifies that no subsequent EIR shall be prepared for a project unless the lead agency determines: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more ITEM NUMBER: 3 DATE: 04-01-14 significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Pursuant to CEQA Guidelines Section 15164(e), this Addendum details: (1) proposed changes to modify some and delete other provisions in the PD-11; (2) the less-than-significant environmental impacts associated with the proposed changes in the PD-11; and (3) the reasons and evidentiary support for the City’s conclusions that the changes to the PD-11 do not meet the conditions described in Section 15162 calling for preparation of a subsequent EIR. Further guidance is provided by caselaw, particularly as referenced under CEQA Guidelines Section 15162 which refers to Bowman v. Petaluma (1986) 185 Cal.App.3d 1065, which distinguished requirements for a subsequent EIR from the threshold required for initial EIR preparation, stating: Whereas section 21151 requires an EIR if the project ‘may have a significant effect on the environment,’ section 21166 provides that an agency may not require preparation of an EIR unless ‘substantial changes’ in the project or its circumstances will require ‘major revisions’ to the EIR. The two statutes serve quite different purposes and have correspondingly different effects. The question addressed by section 21151 is whether any environmental review is warranted. CEQA procedures reflect a preference for resolving doubts in favor of such review. [citations omitted]. In the present case, however, section 21166 comes into play precisely because in-depth review has already occurred, the time for challenging the sufficiency of the original EIR has long since expired and the question is whether circumstances have changed enough to justify repeating a substantial portion of the process. Thus, while section 21151 is intended to create a ‘low threshold require for preparation of an EIR,’ section 21161 indicates a quite different intent, namely, to restrict the powers of agencies ‘by prohibiting [them] from requiring a subsequent or supplemental environmental impact report’ unless the stated conditions are met. Further, caselaw is equally clear that in situations like this one, lead agencies may modify or delete previously adopted mitigations measures without preparing a supplemental EIR if the agency gives a legitimate reason for making the change, and supports its decision with substantial evidence. (Mani Bros. Real Estate Group v. City of Los Angeles (2007) 153 Cal.App.4th 1385; Katzeff v. Department of Forestry & Fire Protection (2010) 181 Cal.App.4th 601; Lincoln Place Tenants Ass’n v. City of Los Angeles (2005) 130 Cal.,App.4th 1491. These decisions demonstrate that where the modification or deletion of a mitigation measure would not change the prior approval in a way that would allow a new significant impact to occur, or ITEM NUMBER: 3 DATE: 04-01-14 increase the severity of a previously identified significant impact, no subsequent EIR is required and a brief explanation of the decision not to prepare a subsequent EIR shall be given and can be provided in an addendum to the prior EIR. B. Evaluation Of The Potential Environmental Impacts Of The Proposed Changes To PD-11 The following discussion evaluates the potential environmental consequences associated with the changes the City is proposing to make to several of the Project conditions in PD-11. Because the PD-11 conditions at issue involve measures identified solely to address the potential off-site traffic impacts of the 3F Meadows Project at the intersections of SR 41/Los Altos Road and SR 41/driveway to Project lots 109-112, this discussion is similarly limited to evaluating whether the proposed changes will result in any new or more severe traffic impacts at those intersections compared to the potential traffic impacts identified in the original 3F Meadows EIR. This limitation is reasonable because, as noted above, no changes are proposed for any other aspect of the Project including the number, location or development of residential lots, roads or any other aspect of the 3F Meadows Project and the City is not proposing any discretionary approvals other than the changes to PD-11. 1. The Proposed Changes To The Condition In PD-11 (Section 9- 3.656(c)(3)(v)) Requiring New Left-turn lanes On SR 41 Will Not Result In Any New Or More Severe Traffic Impacts. ITEM NUMBER: 3 DATE: 04-01-14 As demonstrated in Exhibit G, the City is proposing to modify this condition as follows: The above-referenced modifications: (1) make minor text amendments to acknowledge and address the fact that required left-turn lane onto Los Altos Road has been constructed but may need further refinements to comply with Caltrans standards; and (2) revise the timing requirements for construction of new left-turn lane on SR 41 to account for the fact that the left- turn lane from SR 41 already exists for eastbound traffic entering Los Altos Road and to ensure no building permits are issued for Project lots 109-112 before the new left-turn lane improvement is constructed for eastbound SR41 traffic entering the driveway access for Project lots 109-112, if required by Caltrans. The 3F Meadows EIR imposed these left-turn lanes on SR41 to address unspecified “safety hazards.” Analysis of current information and data, however, demonstrates that traffic impacts and safety hazards from the 3F Meadows Project at these two intersections are less than significant. As noted in W-Tran’s report, reported accidents at the SR41/Los Altos Road intersection are below the statewide average for similar intersections. Further, the W-Trans report also notes that the required left-turn lane from eastbound SR41 onto Los Altos Road has already been constructed. Nonetheless, instead of deleting this requirement the City is simply modifying it to ensure that any additional left-turn lane improvements Caltrans believes are necessary to bring that existing left lane into conformance with current Caltrans Design Standards are constructed well before full Project build-out. ITEM NUMBER: 3 DATE: 04-01-14 Further, the W-Trans’ report also concludes that a left-turn lane into the driveway for lots 109- 112 is not warranted under any conditions. According to the recent traffic counts and W-Trans’ conservative analysis regarding potential traffic impacts associated with full build-out of the Project and other undeveloped lots in the vicinity a left-turn lane into the driveway to lots 109- 112 is neither warranted now nor in the future. Nonetheless, while the City is not currently proposing to delete the required left-turn lane into lots 109-112, the proposed amendment does include language permitting Caltrans to delete the requirement at its discretion in the future. Regardless, because the most current traffic information and impact analysis demonstrates that a left-turn lane is not required to address any identified adverse environmental impacts associated with vehicles turning left into lots 109-112, no impacts will result even if Caltrans decides to modify or delete this requirement in the future. This conclusion is further supported by the fact that PD-11 will continue to require that the existing residential driveway approach serving Project lots 109-112 be improved to current Caltrans Design Standards. (See Section IV.B.2. immediately below.) In sum, substantial evidence supports the conclusion that the proposed changes to Section 9- 3.656(c)(3)(v) will not result in any new or more severe impacts than those previously identified in the 3F Meadows EIR and no further environmental impact analysis is required under CEQA. 2. The Proposed Changes To The Condition In PD-11 (Section 9-3.656(c)(3)(vi)) Requiring Vehicle Refuge Lanes Will Not Result In Any New or More Severe Traffic Impacts. As demonstrated in Exhibit G, the City is proposing to modify this condition as follows: The above-referenced modifications: (1) delete the requirement to construct vehicle refuge lanes; (2) create a new condition requiring that the existing residential driveway approach to SR 41 serving lots 109-112 be improved to current Caltrans Design Standards; and (3) create timing requirement for construction of improvements to bring driveway approach to SR 41 serving lots ITEM NUMBER: 3 DATE: 04-01-14 109-112 to current Caltrans Design Standards to ensure no building permits are issued for lots 109-112 before this improvement is constructed. The 3F Meadows EIR imposed these left-turn lanes on SR41 to address unspecified “safety hazards.” Analysis of current information and data, however, demonstrates that traffic impacts and safety hazards from the 3F Meadows Project at these two intersections are less than significant and that vehicle refuge lanes are not necessary. W-Trans’ report demonstrates that both intersections do and will continue to operate satisfactorily at a level of service C or better during the peak traffic hours. Accordingly, vehicles desiring to turn out onto SR 41 from Los Altos Road or from the driveway to Project lots 109-112 will not experience significant adverse delays. As a result, there is no potential traffic impact at these intersections in need of mitigation requiring the construction of vehicle refuge lanes and thus no adverse environmental impacts will result from the deletion of the refuge lane requirements. While current data showing that reported accidents at the SR41 and Los Altos road intersection are below the statewide average for similar intersections demonstrates that there are no current traffic safety concerns at that intersection, no such similar data is available for the intersection of SR 41 and the driveway to lots 109-112. Accordingly, the City’s proposed modification to PD- 11 requires that the driveway approach to SR41 be improved to meet current Caltrans Design Standards before the issuance of any building permits for lots 109-112. This condition will ensure that any traffic safety concerns will be addressed before anyone moves into and begins using the driveway to lots 109-112. Accordingly, substantial evidence supports the conclusion that the proposed changes to Section 9-3.656(c)(3)(vi) will not result in any new or more severe impacts than those previously identified in the 3F Meadows EIR and no further environmental impact analysis is required under CEQA. 3. The Proposed Changes To The Condition In PD-11 (Section 9-3.656(c)(3)(vii)) Requiring Sight Distance Improvements Will Not Result In Any New or More Severe Traffic Impacts. ITEM NUMBER: 3 DATE: 04-01-14 As demonstrated in Exhibit G, the City is proposing to enhance this condition as follows: The above-referenced modifications propose: (1) enhanced sight distance requirements to ensure compliance with the most current Caltrans design standards; and (2) revised timing requirements for interim/final sight distance improvements. These enhancements and revised timing requirements take nothing significant away from and only strengthen the prior sight distance improvement requirement in that the proposed changes not only ensure adequate sight distance will be provided at both intersections in accordance with current Caltrans Design Standards6, but that the sight distance improvements at both intersections will be made and maintained in the short term due to the new interim timing requirements until final sight distance improvements are constructed as part of the long-term intersection improvements required for both intersections. These interim requirements were 6 The use of current standards will increase the traffic safety protection of this condition because while 500 feet of sight distance clearance was the standard when the 3F Meadows EIR was prepared, Caltrans’ current sight distance clearance standard for vehicles turning out onto a state highway with a design posted speed of 55 mph is now 605 feet of required corner sight distance clearance. (See Caltrans Encroachment Permits Manual, Appendix J – Road Connections and Driveways.) ITEM NUMBER: 3 DATE: 04-01-14 added by the City to address public comments about sight-distance issues as it may be several years until the final improvements to SR-41/Los Altos Road and SR41/driveway to lots 109-112 intersections are constructed pursuant to Sections 9-3.656(c)(3)(vi) [upgraded residential driveway approach serving lots 109-112] and 9-3.656(c)(3)(ix) [upgraded SR41-Los Altos Road intersection to add right-turn taper and other related improvements]. Because the prior site distance improvement requirements have been retained and modified solely to ensure early compliance with modern standards, substantial evidence supports the conclusion that the proposed changes to Section 9-3.656(c)(3)(vii) will not result in any new or more severe impacts than those previously identified in the 3F Meadows EIR and no further environmental impact analysis is required under CEQA. 4. The Proposed Changes To The Condition In PD-11 (Section 9-3.656(c)(3)(viii)) Requiring Advisory And Warning Signage Will Not Result In Any New or More Severe Traffic Impacts. As demonstrated in Exhibit G, the City is proposing to enhance this condition as follows: The above-referenced modifications propose: (1) enhanced advisory/warning signage requirements to ensure compliance with the most current Caltrans design standards; and (2) revised timing requirements for interim/final advisory/warning signage. ITEM NUMBER: 3 DATE: 04-01-14 These enhancements and revised timing requirements take nothing significant away from and only strengthen the prior requirement in that the modifications not only ensure adequate signage will be provided at both intersections in accordance with current Caltrans Design Standards, but that the signage at both intersections will be installed in the short term due to the new interim timing requirements until final signage improvements are constructed as part of the long-term intersection improvements required for both intersections. These interim requirements were added by the City to address public comments about warning signage issues as it may be several years until the final improvements to SR-41/Los Altos Road and SR41/driveway to lots 109-112 intersections are constructed pursuant to Sections 9-3.656(c)(3)(vi) [upgraded residential driveway approach serving lots 109-112] and 9-3.656(c)(3)(ix) [upgraded SR41-Los Altos Road intersection to add right-turn taper and other related improvements]. Because the prior advisory and warning signage requirements have been retained and modified solely to ensure early compliance with modern standards, substantial evidence supports the conclusion that the proposed changes to Section 9-3.656(c)(3)(vii) will not result in any new or more severe impacts than those previously identified in the 3F Meadows EIR and no further environmental impact analysis is required under CEQA. 5. The Proposed Changes To The Condition In PD-11 (Section 9-3.656(c)(3)(ix)) Requiring New Right-turn Lanes Will Not Result In Any New or More Severe Traffic Impacts. As demonstrated in Exhibit G, the City is proposing to modify this condition as follows: The above-referenced modifications propose: (1) the construction of a right-turn taper (in lieu of full dedicated right-turn lane) on SR 41 for westbound traffic entering Los Altos Road; (2) the deletion of the right-turn lane requirement on SR 41 for westbound traffic entering driveway ITEM NUMBER: 3 DATE: 04-01-14 serving Lots 109-112; and (3) a revised timing requirement for the construction of the right-turn taper to ensure improvement is constructed well before it is warranted. The 3F Meadows EIR imposed these right-turn lanes on SR41 in response to comments submitted by Caltrans and to address unspecified “safety hazards.” Analysis of current information and data, however, demonstrates that traffic impacts and safety hazards from the 3F Meadows Project at these two intersections are less than significant and that new right-turn lanes are no longer necessary as the anticipated traffic does not generate enough vehicles making right- turns at these intersections to require the construction of new right-turn lanes. Additionally, Caltrans has indicated and recently re-confirmed that it no longer desires the right-turn channelization because constructing a new right-turn lane at this location would require extensive realignment of an adjacent creek that would create additional adverse environmental impacts and right of way constraints. The W-Trans’ report demonstrates that both intersections do and will continue to operate satisfactorily at a level of service C or better during the peak traffic hours. More importantly, the W-Trans’ report demonstrates that the threshold requiring a new right-turn lane on SR 41 for westbound traffic entering Los Altos Road will not be reached until an additional 112 residential units were to be developed above and beyond the units anticipated to be developed by the Project and other nearby undeveloped parcels in the traffic shed area in the Future Plus Project scenario. Similarly, the W-Trans’ report demonstrates that no additional facilities in the form of either a right-turn lane or right-turn taper would be warranted on SR 41 for westbound traffic entering the driveway serving Project lots 109-112 even under Future Plus Project traffic conditions due to the low traffic volume to be generated by the four additional residential lots, and, any potential safety impacts will be addressed by the new condition discussed above requiring Castlerock to bring the driveway approach to up to current Caltrans standards prior to development of Project lots 109-112 Accordingly, no new or more severe impacts will result from deleting the right-turn lane requirements at these intersections because there is no potential traffic impact now or in the future resulting from the Project that would require a right-turn lane for mitigation. However, while right-turn lanes are not warranted at either intersection, W-Trans’ report does conclude that a right-turn taper on SR 41 for westbound traffic entering Los Altos Road is necessary to reduce a potential traffic impact under both Existing Plus Project and Future Plus Project scenarios. W-Trans’ report also concludes that the right-turn taper would be required just prior to full build-out of the 101 anticipated residential units studied (82 remaining Project lots, 15 non-Project lots in the same traffic shed and 4 anticipated second units in the traffic shed). Accordingly, the proposal to add a condition requiring construction of a right-turn taper prior to the issuance of the 52nd building permit or for the Project or within 3-years (whichever occurs first) ensures that the mitigation recommended by Caltrans and confirmed by W-Trans will be in place well before it is warranted. In sum, substantial evidence supports the conclusion that the proposed changes to Section 9- 3.656(c)(3)(ix) will not result in any new or more severe impacts than those previously identified in the 3F Meadows EIR and no further environmental impact analysis is required under CEQA. ITEM NUMBER: 3 DATE: 04-01-14 V. CONCLUSION Based on the analysis in this Addendum and its exhibits, the City concludes that a subsequent EIR is not necessary as the proposed changes to PD-11 are minor in nature in that they do not result in any new significant adverse environmental impacts or an increase in the severity of impacts previously identified in the 3F Meadows EIR. In fact, the changes are decidedly beneficial from an environmental impact and public safety point of view as they avoid the creation of a new significant adverse impact (associated with the original PD-11 requirement that State Route 41 be widened to facilitate construction of a new dedicated right-turn lane from westbound State Route 41 onto Los Altos Road) and generally provide updates to modernize and ensure that the improvements that are necessary are built to current Caltrans Design Standards. ITEM NUMBER: DATE: 03-11-14 Exhibit A 3F Meadows/Oak Ridge Estates Public Improvement Map ITEM NUMBER: DATE: 03-11-14 Exhibit B March 6, 1995 letter from Engineering Development Associates (Michael Hodge) to Caltrans (Larry Newland) ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: DATE: 03-11-14 Exhibit C June 15, 2005 letter from Caltrans (Steve Senet) to R. Thompson Consulting (Russ Thompson) ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: DATE: 03-11-14 Exhibit D November 9, 2010 letter from Caltrans (Steve Senet) to Ogden & Fricks LLP (Roy Odgen) ITEM NUMBER: DATE: 03-11-14 Exhibit E W-Trans’ February 4, 2014 report to City of Atascadero Deputy Public Works Director (David Athey) ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: DATE: 03-11-14 Exhibit F March 11, 2014 letter from Caltrans (Steve Senet) to City Deputy Public Works Director (David Athey) ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: 3 DATE: 04-01-14 ITEM NUMBER: DATE: Exhibit G Proposed amendments to PD-11 showing deletions (in strikeout) and additions (in underline) format ITEM NUMBER: DATE: ITEM NUMBER: DATE: ITEM NUMBER: DATE: ATTACHMENT 9: Draft Resolution PC 2014-0006: PD-11 Text Amendment DRAFT RESOLUTION PC 2014-0006 A RESOLUTION OF THE ATASCADERO PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL APPROVE ZONE CHANGE 2014-0171, AMENDING SECTION 9-3.656 (PD-11) OF THE ATASCADERO ZONING ORDINANCE Oak Ridge Estates / 3F Meadows (Castlerock Development / KM Holdings) The Planning Commission hereby finds and declares as follows: WHEREAS, an application has been received from K&M Holdings, 445 Green Gate Road, San Luis Obispo, California 93401, (Applicant), to consider an amendment to Section 9- 3.656 (PD-11) of the Atascadero Zoning Ordinance pertaining to the off-site road improvement requirements for the 3-F Meadows / Oak Ridge Estates housing development; and, WHEREAS, the City Council directed City staff to process an amendment to PD-11 during a City Council meeting held on May 14, 2013; and, WHEREAS, the PD-11 project area, also known as 3-F Meadows and Oak Ridge Estates, is currently zoned Residential Suburban / PD-11 (RS / PD-11); and, WHEREAS, a Final Environmental Impact Report (SCH 94061014) was certified by the Atascadero City Council on February 28, 1995; and, WHEREAS, an addendum to the Final Environmental Impact Report that analyzes the proposed amendment to PD-11 has been prepared and reviewed by the Planning Commission; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Atascadero Zoning Ordinance to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, ITEM NUMBER: DATE: WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change 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 Zoning Amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 1, 2014, studied and considered Zone Change 2014-0171, after first studying and considering the Proposed Environmental Impact Report addendum prepared for the project, and, NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ATASCADERO HEREBY RECOMMENDS THE FOLLOWING: SECTION 1. Findings for Approval of an amendment to the Atascadero Zoning Ordinance, amending portions of Section 9-3.656 (PD-11). The Planning Commission finds as follows: 1. The proposed amendment is consistent with the Atascadero General Plan; and, 2. The proposed amendment is consistent with the original intent of the PD-11 Zoning Code; and, 3. The proposed amendment will not be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed amendments will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. SECTION 2. Recommendation. The City of Atascadero Planning Commission, in a regular session assembled on April 1, 2014, resolved to recommend the introduction for first reading by title only, an ordinance that would amend section 9-3.656 (PD-11) of the Atascadero Zoning Ordinance: 9-3.656 Establishment of Planned Development Overlay Zone No. 11: (PD11). ITEM NUMBER: DATE: 9-3.656(c)(3) ITEM NUMBER: DATE: ITEM NUMBER: DATE: ITEM NUMBER: DATE: On motion by Planning Commission Member ______________ and seconded by Planning Commission Member _________________, the foregoing Resolution is hereby adopted on this 1st day of April, 2014, in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By:______________________________ Dennis Schmidt, Chairperson City of Atascadero Planning Commission ATTEST: ______________________________ Warren Frace Community Development Director City of Atascadero Secretary